HomeMy WebLinkAbout031021-4.1 February Legislative Report
LEGISLATIVE COMMITTEE MEMORANDUM 3.1
TO: Mayor and Town Council February 23, 2021
SUBJECT: February Legislative Report
BACKGROUND
Both individually and as part of the Tri-Valley Cities coalition, Danville officials are
adapting to the social and economic changes and the 2021 state legislative priorities. The
immediate focus of the Town’s advocacy work has been to support legislative efforts that
help the Town recover from the COVID-19 pandemic and limit new housing legislation
that impacts local control and adds stress to the Town’s already depleted resources.
The State Legislature is continuing to intensify their efforts to encourage housing
production in an effort to create affordability by imposing new requirements on local
governments. The state will need an estimated 1.8 million new homes by 2025 in order
to meet demand, yet on average, only 80,000 new homes are built per year, according to
the Department of Housing and Community Development. A significant number of
these housing bills will have an impact on Danville’s ability to control housing
development. These bills are designed to supersede local zoning ordinances, create
housing density, streamline developments, and create density infill in single family
zoning.
DISCUSSION
The Legislature historically introduces over 2,000 bills each year covering a broad range
of issues. February 19 is the last day for Legislators to introduce bills for the 2021 session.
The Legislative Committee’s work is essential to ensure the town is well positioned for
advocacy work during the 2021 Legislative Session.
Housing Legislation
ACA 1: (Aguiar-Curry)
This measure would create an additional exception to the 1% limit that would authorize
a city, county, city and county, or special district to levy an ad valorem tax to service
bonded indebtedness incurred to fund the construction, reconstruction, rehabilitation, or
replacement of public infrastructure, affordable housing, or permanent supportive
housing, or the acquisition or lease of real property for those purposes, if the proposition
proposing that tax is approved by 55% of the voters of the city, county, or city and county,
as applicable, and the proposition includes specified accountability requirements.
February Legislative Committee Report 2 February 23, 2021
SB 5: Senate Housing Bond (Atkins, Skinner, Weiner)
Senate Bill 5, establishes the initial framework that would state the intent of the
Legislature to enact legislation that would authorize the issuance of bonds and would
require the proceeds from the sale of those bonds to be used to finance housing-related
programs that serve the homeless and extremely low income and very low-income
Californians.
SB 6: (Caballero) The Neighborhood Homes Act
Senate Bill 6, the Neighborhood Homes Act, authorizes residential development on
existing lots currently zoned for commercial office and retail space, such as strip malls or
large “big box” retail spaces, that are not adjacent to industrial use zones. The bill would
require the density for a housing development under these provisions to meet or exceed
the density deemed appropriate to accommodate housing for lower income households
according to the type of local jurisdiction, including a density of at least 20 units per acre
for a suburban jurisdiction.
SB 7: (Atkins) The Housing + Jobs Expansion and Extension Act
Senate Bill 7, eliminates the California Environmental Quality Act (CEQA) process by
extending and expanding provisions of AB 900, which streamlined paperwork and
expedited legal challenges to large, multi-benefit housing, energy, and manufacturing
projects. SB 7 would extend the 2021 ‘sunset’ of AB 900, through 2025.
SB 8: (Skinner) Density Bonus Law
Senate Bill 8, would change the Density Bonus Law and incentivize the construction of
housing developments that will contain a specified percentage of units for low and
moderate-income households. The bill would also restrict local governments from
conditional submission, review, or approval of the application pursuant to a density
bonus.
SB 9: (Atkins) California Housing Opportunity & More Efficiency (HOME) Act
Senate Bill 9, promotes small-scale neighborhood residential development by
streamlining the process for a homeowner to create a duplex or subdivide an existing lot
in residential areas. SB 9 is identical to SB 1120, a bill that essentially eliminates single
family zoning. SB 9 language, at a minimum allows for 4 full size houses where one sits
now.
SB 10: (Wiener)
SB 10, would authorize a local government to pass an ordinance to zone any parcel for
up to 10 units of residential density per parcel, at a height specified in the ordinance, if
the parcel is located within a transit-rich area, jobs rich area, or an urban infill site. These
project would not have to go through the CEQA process.
February Legislative Committee Report 3 February 23, 2021
SB 15: (Portantino)
SB 15, Current law establishes, among other housing programs, the Workforce Housing
Reward Program, which requires the Department of Housing and Community
Development to make local assistance grants to cities, counties, and cities and counties
that provide land use approval to housing developments that are affordable to very low
and low-income households. This bill, upon appropriation by the Legislature in the
annual Budget Act or other statute, would require the department to administer a
program to provide incentives in the form of grants allocated as provided to local
governments that rezone idle sites used for a big box retailer or a commercial shopping
center to instead allow the development of workforce housing.
SCA 2: (Allan, Weiner)
SCA 2, would repeal Article 34 of the California Constitution, which prohibits the
development, construction, or acquisition of a low-rent housing project, as defined, in
any manner by any state public body until a majority of the qualified electors of the city,
town, or county in which the development or acquisition of the low-rent housing project
is proposed approve the project by voting in favor at an election.
Police Legislation
SB 210: (Wiener) Automated license plate recognition systems: use of data
Existing law authorizes the Department of the California Highway Patrol to retain license
plate data captured by license plate reader technology, also referred to as an automated
license plate recognition (ALPR) system, for not more than 60 days unless the data is
being used as evidence or for the investigation of felonies. Existing law authorizes the
department to share that data with law enforcement agencies for specified purposes and
requires both an ALPR operator and an ALPR end user, as those terms are defined, to
implement a usage and privacy policy regarding that ALPR information, as specified.
Existing law requires that the usage and privacy policy implemented by an ALPR
operator or an ALPR end user include the length of time ALPR information will be
retained and the process the ALPR operator and ALPR end user will utilize to determine
if and when to destroy retained ALPR information. This bill would include in those usage
and privacy policies a requirement that ALPR data that does not match a hot list be
destroyed within 24 hours.
Federal
The Biden Administration is still on track to pass a $1.9 trillion emergency relief plan
designed to deliver direct aid to families, businesses, and communities, as well as focus
on coronavirus testing and vaccine production and delivery. Key components of the
package include $1400 stimulus checks, $350 billion to state and local governments, $15
billion for small business grant programs, $170 billion for schools, $25 billion in rental
assistance for low and moderate-income households who have lost jobs during the
pandemic, a $15-dollar minimum wage, $20 billion for vaccines and $50 billion for
testing. Under Federal Local Government allocations, Danville is projected to receive
February Legislative Committee Report 4 February 23, 2021
$8.2 million.
Grants Program
During the month of February staff submitted a grant application for Rubberized
Pavement Material to augment Pavement Management Program expenditures and a
CalTrans Vehicle Miles Study for development mitigation.
Prepared and Reviewed by:
Diane Friedmann
Assistant to the Town Manager
california legislature—2021–22 regular session
Assembly Constitutional Amendment No. 1
Introduced by Assembly Members Aguiar-Curry, Lorena Gonzalez,
and Chiu
(Principal coauthor: Senator Wiener)
(Coauthors: Assembly Members Berman, Burke, Kalra, Levine,
Quirk, Robert Rivas, Blanca Rubio, Stone, Ting, Weber, and
Wicks)
December 7, 2020
Assembly Constitutional Amendment No. 1—A resolution to propose
to the people of the State of California an amendment to the Constitution
of the State, by amending Sections 1 and 4 of Article XIII A thereof,
by amending Section 2 of, and by adding Section 2.5 to, Article XIII
C thereof, by amending Section 3 of Article XIII D thereof, and by
amending Section 18 of Article XVI thereof, relating to local finance.
legislative counsel’s digest
ACA 1, as introduced, Aguiar-Curry. Local government financing:
affordable housing and public infrastructure: voter approval.
(1) The California Constitution prohibits the ad valorem tax rate on
real property from exceeding 1% of the full cash value of the property,
subject to certain exceptions.
This measure would create an additional exception to the 1% limit
that would authorize a city, county, city and county, or special district
to levy an ad valorem tax to service bonded indebtedness incurred to
fund the construction, reconstruction, rehabilitation, or replacement of
public infrastructure, affordable housing, or permanent supportive
housing, or the acquisition or lease of real property for those purposes,
if the proposition proposing that tax is approved by 55% of the voters
99
of the city, county, or city and county, as applicable, and the proposition
includes specified accountability requirements. The measure would
specify that these provisions apply to any city, county, city and county,
or special district measure imposing an ad valorem tax to pay the interest
and redemption charges on bonded indebtedness for these purposes that
is submitted at the same election as this measure.
(2) The California Constitution conditions the imposition of a special
tax by a local government upon the approval of 2⁄3 of the voters of the
local government voting on that tax, and prohibits these entities from
imposing an ad valorem tax on real property or a transactions or sales
tax on the sale of real property.
This measure would authorize a local government to impose, extend,
or increase a sales and use tax or transactions and use tax imposed in
accordance with specified law or a parcel tax, as defined, for the
purposes of funding the construction, rehabilitation, or replacement of
public infrastructure, affordable housing, or permanent supportive
housing if the proposition proposing that tax is approved by 55% of its
voters voting on the proposition and the proposition includes specified
accountability requirements. This measure would also make conforming
changes to related provisions. The measure would specify that these
provisions apply to any local measure imposing, extending, or increasing
a sales and use tax, transactions and use tax, or parcel tax for these
purposes that is submitted at the same election as this measure.
(3) The California Constitution prohibits specified local government
agencies from incurring any indebtedness exceeding in any year the
income and revenue provided in that year, without the assent of 2⁄3 of
the voters and subject to other conditions. In the case of a school district,
community college district, or county office of education, the California
Constitution permits a proposition for the incurrence of indebtedness
in the form of general obligation bonds for the construction,
reconstruction, rehabilitation, or replacement of school facilities,
including the furnishing and equipping of school facilities, or the
acquisition or lease of real property for school facilities, to be adopted
upon the approval of 55% of the voters of the district or county, as
appropriate, voting on the proposition at an election.
This measure would expressly prohibit a special district, other than
a board of education or school district, from incurring any indebtedness
or liability exceeding any applicable statutory limit, as prescribed by
the statutes governing the special district. The measure would also
similarly require the approval of 55% of the voters of the city, county,
99
— 2 — ACA 1
city and county, or special district, as applicable, to incur bonded
indebtedness, exceeding in any year the income and revenue provided
in that year, that is in the form of general obligation bonds issued to
fund the construction, reconstruction, rehabilitation, or replacement of
public infrastructure, affordable housing, or permanent supportive
housing projects, if the proposition proposing that bond includes
specified accountability requirements. The measure would specify that
this 55% threshold applies to any proposition for the incurrence of
indebtedness by a city, county, city and county, or special district for
these purposes that is submitted at the same election as this measure.
Vote: 2⁄3. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
line 1 Resolved by the Assembly, the Senate concurring, That the
line 2 Legislature of the State of California at its 2021–22 Regular
line 3 Session commencing on the seventh day of December 2020,
line 4 two-thirds of the membership of each house concurring, hereby
line 5 proposes to the people of the State of California, that the
line 6 Constitution of the State be amended as follows:
line 7 First—That Section 1 of Article XIII A thereof is amended to
line 8 read:
line 9 SECTION 1. (a) The maximum amount of any ad valorem
line 10 tax on real property shall not exceed One 1 percent (1%) of the
line 11 full cash value of such that property. The one percent (1%) tax to
line 12 1 percent tax shall be collected by the counties and apportioned
line 13 according to law to the districts within the counties.
line 14 (b) The limitation provided for in subdivision (a) shall not apply
line 15 to ad valorem taxes or special assessments to pay the interest and
line 16 redemption charges on any of the following:
line 17 (1) Indebtedness approved by the voters prior to before July 1,
line 18 1978.
line 19 (2) Bonded indebtedness for to fund the acquisition or
line 20 improvement of real property approved on or after July 1, 1978,
line 21 by two-thirds of the votes cast by the voters voting on the
line 22 proposition.
line 23 (3) Bonded indebtedness incurred by a school district,
line 24 community college district, or county office of education for the
line 25 construction, reconstruction, rehabilitation, or replacement of
line 26 school facilities, including the furnishing and equipping of school
line 27 facilities, or the acquisition or lease of real property for school
99
ACA 1 — 3 —
line 1 facilities, approved by 55 percent of the voters of the district or
line 2 county, as appropriate, voting on the proposition on or after the
line 3 effective date of the measure adding this paragraph. November 8,
line 4 2000. This paragraph shall apply only if the proposition approved
line 5 by the voters and resulting in the bonded indebtedness includes
line 6 all of the following accountability requirements:
line 7 (A) A requirement that the proceeds from the sale of the bonds
line 8 be used only for the purposes specified in Article XIII A, Section
line 9 1(b)(3), this paragraph, and not for any other purpose, including
line 10 teacher and administrator salaries and other school operating
line 11 expenses.
line 12 (B) A list of the specific school facilities projects to be funded
line 13 and certification that the school district board, community college
line 14 board, or county office of education has evaluated safety, class
line 15 size reduction, and information technology needs in developing
line 16 that list.
line 17 (C) A requirement that the school district board, community
line 18 college board, or county office of education conduct an annual,
line 19 independent performance audit to ensure that the funds have been
line 20 expended only on the specific projects listed.
line 21 (D) A requirement that the school district board, community
line 22 college board, or county office of education conduct an annual,
line 23 independent financial audit of the proceeds from the sale of the
line 24 bonds until all of those proceeds have been expended for the school
line 25 facilities projects.
line 26 (4) (A) Bonded indebtedness incurred by a city, county, city
line 27 and county, or special district for the construction, reconstruction,
line 28 rehabilitation, or replacement of public infrastructure, affordable
line 29 housing, or permanent supportive housing for persons at risk of
line 30 chronic homelessness, including persons with mental illness, or
line 31 the acquisition or lease of real property for public infrastructure,
line 32 affordable housing, or permanent supportive housing for persons
line 33 at risk of chronic homelessness, including persons with mental
line 34 illness, approved by 55 percent of the voters of the city, county,
line 35 city and county, or special district, as appropriate, voting on the
line 36 proposition on or after the effective date of the measure adding
line 37 this paragraph. This paragraph shall apply only if the proposition
line 38 approved by the voters and resulting in the bonded indebtedness
line 39 includes all of the following accountability requirements:
99
— 4 — ACA 1
line 1 (i) A requirement that the proceeds from the sale of the bonds
line 2 be used only for the purposes specified in this paragraph, and not
line 3 for any other purpose, including city, county, city and county, or
line 4 special district employee salaries and other operating expenses.
line 5 (ii) A list of the specific projects to be funded, and a certification
line 6 that the city, county, city and county, or special district has
line 7 evaluated alternative funding sources.
line 8 (iii) A requirement that the city, county, city and county, or
line 9 special district conduct an annual, independent performance audit
line 10 to ensure that the funds have been expended only on the specific
line 11 projects listed.
line 12 (iv) A requirement that the city, county, city and county, or
line 13 special district conduct an annual, independent financial audit of
line 14 the proceeds from the sale of the bonds until all of those proceeds
line 15 have been expended for the public infrastructure or affordable
line 16 housing projects, as applicable.
line 17 (v) A requirement that the city, county, city and county, or
line 18 special district post the audits required by clauses (iii) and (iv) in
line 19 a manner that is easily accessible to the public.
line 20 (vi) A requirement that the city, county, city and county, or
line 21 special district appoint a citizens’ oversight committee to ensure
line 22 that bond proceeds are expended only for the purposes described
line 23 in the measure approved by the voters.
line 24 (B) For purposes of this paragraph:
line 25 (i) “Affordable housing” shall include housing developments,
line 26 or portions of housing developments, that provide workforce
line 27 housing affordable to households earning up to 150 percent of
line 28 countywide median income, and housing developments, or portions
line 29 of housing developments, that provide housing affordable to lower,
line 30 low-, or very low income households, as those terms are defined
line 31 in state law.
line 32 (ii) “At risk of chronic homelessness” includes, but is not limited
line 33 to, persons who are at high risk of long-term or intermittent
line 34 homelessness, including persons with mental illness exiting
line 35 institutionalized settings, including, but not limited to, jail and
line 36 mental health facilities, who were homeless prior to admission,
line 37 transition age youth experiencing homelessness or with significant
line 38 barriers to housing stability, and others, as defined in program
line 39 guidelines.
99
ACA 1 — 5 —
line 1 (iii) “Permanent supportive housing” means housing with no
line 2 limit on length of stay, that is occupied by the target population,
line 3 and that is linked to onsite or offsite services that assist residents
line 4 in retaining the housing, improving their health status, and
line 5 maximizing their ability to live and, when possible, work in the
line 6 community. “Permanent supportive housing” includes associated
line 7 facilities, if those facilities are used to provide services to housing
line 8 residents.
line 9 (iv) “Public infrastructure” shall include, but is not limited to,
line 10 projects that provide any of the following:
line 11 (I) Water or protect water quality.
line 12 (II) Sanitary sewer.
line 13 (III) Treatment of wastewater or reduction of pollution from
line 14 stormwater runoff.
line 15 (IV) Protection of property from impacts of sea level rise.
line 16 (V) Parks and recreation facilities.
line 17 (VI) Open space.
line 18 (VII) Improvements to transit and streets and highways.
line 19 (VIII) Flood control.
line 20 (IX) Broadband internet access service expansion in
line 21 underserved areas.
line 22 (X) Local hospital construction.
line 23 (XI) Public safety buildings or facilities, equipment related to
line 24 fire suppression, emergency response equipment, or interoperable
line 25 communications equipment for direct and exclusive use by fire,
line 26 emergency response, policy or sheriff personnel.
line 27 (XII) Public library facilities.
line 28 (v) “Special district” has the same meaning as provided in
line 29 subdivision (c) of Section 1 of Article XIII C and specifically
line 30 includes a transit district, except that “special district” does not
line 31 include a school district, redevelopment agency, or successor
line 32 agency to a dissolved redevelopment agency.
line 33 (C) This paragraph shall apply to any city, county, city and
line 34 county, or special district measure imposing an ad valorem tax to
line 35 pay the interest and redemption charges on bonded indebtedness
line 36 for those purposes described in this paragraph that is submitted
line 37 at the same election as the measure adding this paragraph.
line 38 (c) (1) Notwithstanding any other provisions of law or of this
line 39 Constitution, a school districts, district, community college
line 40 districts, and district, or county offices office of education may
99
— 6 — ACA 1
line 1 levy a 55 percent 55-percent vote ad valorem tax pursuant to
line 2 paragraph (3) of subdivision (b).
line 3 (2) Notwithstanding any other provisions of law or this
line 4 Constitution, a city, county, city and county, or special district
line 5 may levy a 55-percent vote ad valorem tax pursuant to paragraph
line 6 (4) of subdivision (b).
line 7 Second—That Section 4 of Article XIII A thereof is amended
line 8 to read:
line 9 Section 4. Cities, Counties and special districts,
line 10 SEC. 4. Except as provided by Section 2.5 of Article XIII C, a
line 11 city, county, or special district, by a two-thirds vote of the qualified
line 12 electors of such district, its voters voting on the proposition, may
line 13 impose special taxes on such district, a special tax within that city,
line 14 county, or special district, except an ad valorem taxes tax on real
line 15 property or a transaction transactions tax or sales tax on the sale
line 16 of real property within such City, County that city, county, or
line 17 special district.
line 18 Third—That Section 2 of Article XIII C thereof is amended to
line 19 read:
line 20 SEC. 2. Local Government Tax Limitation. Notwithstanding
line 21 any other provision of this Constitution:
line 22 (a) All taxes Any tax imposed by any a local government shall
line 23 be deemed to be is either a general taxes tax or a special taxes.
line 24 Special purpose districts tax. A special district or agencies, agency,
line 25 including a school districts, shall have no power district, has no
line 26 authority to levy a general taxes. tax.
line 27 (b) No A local government may not impose, extend, or increase
line 28 any general tax unless and until that tax is submitted to the
line 29 electorate and approved by a majority vote. A general tax shall is
line 30 not be deemed to have been increased if it is imposed at a rate not
line 31 higher than the maximum rate so approved. The election required
line 32 by this subdivision shall be consolidated with a regularly scheduled
line 33 general election for members of the governing body of the local
line 34 government, except in cases of emergency declared by a unanimous
line 35 vote of the governing body.
line 36 (c) Any general tax imposed, extended, or increased, without
line 37 voter approval, by any local government on or after January 1,
line 38 1995, and prior to before the effective date of this article, shall
line 39 may continue to be imposed only if that general tax is approved
line 40 by a majority vote of the voters voting in an election on the issue
99
ACA 1 — 7 —
line 1 of the imposition, which election shall be held within two years
line 2 of the effective date of this article no later than November 6, 1996,
line 3 and in compliance with subdivision (b).
line 4 (d) No Except as provided by Section 2.5, a local government
line 5 may not impose, extend, or increase any special tax unless and
line 6 until that tax is submitted to the electorate and approved by a
line 7 two-thirds vote. A special tax shall is not be deemed to have been
line 8 increased if it is imposed at a rate not higher than the maximum
line 9 rate so approved.
line 10 Fourth—That Section 2.5 is added to Article XIII C thereof, to
line 11 read:
line 12 SEC. 2.5. (a) The imposition, extension, or increase of a sales
line 13 and use tax imposed in accordance with the Bradley-Burns Uniform
line 14 Local Sales and Use Tax Law (Part 1.5 (commencing with Section
line 15 7200) of Division 2 of the Revenue and Taxation Code) or a
line 16 successor law, a transactions and use tax imposed in accordance
line 17 with the Transactions and Use Tax Law (Part 1.6 (commencing
line 18 with Section 7251) of Division 2 of the Revenue and Taxation
line 19 Code) or a successor law, or a parcel tax imposed by a local
line 20 government for the purpose of funding the construction,
line 21 reconstruction, rehabilitation, or replacement of public
line 22 infrastructure, affordable housing, or permanent supportive housing
line 23 for persons at risk of chronic homelessness, including persons with
line 24 mental illness, or the acquisition or lease of real property for public
line 25 infrastructure, affordable housing, or permanent supportive housing
line 26 for persons at risk of chronic homelessness, including persons with
line 27 mental illness, is subject to approval by 55 percent of the voters
line 28 in the local government voting on the proposition, if both of the
line 29 following conditions are met:
line 30 (1) The proposition is approved by a majority vote of the
line 31 membership of the governing board of the local government.
line 32 (2) The proposition contains all of the following accountability
line 33 requirements:
line 34 (A) A requirement that the proceeds of the tax only be used for
line 35 the purposes specified in the proposition, and not for any other
line 36 purpose, including general employee salaries and other operating
line 37 expenses of the local government.
line 38 (B) A list of the specific projects that are to be funded by the
line 39 tax, and a certification that the local government has evaluated
line 40 alternative funding sources.
99
— 8 — ACA 1
line 1 (C) A requirement that the local government conduct an annual,
line 2 independent performance audit to ensure that the proceeds of the
line 3 special tax have been expended only on the specific projects listed
line 4 in the proposition.
line 5 (D) A requirement that the local government conduct an annual,
line 6 independent financial audit of the proceeds from the tax during
line 7 the lifetime of that tax.
line 8 (E) A requirement that the local government post the audits
line 9 required by subparagraphs (C) and (D) in a manner that is easily
line 10 accessible to the public.
line 11 (F) A requirement that the local government appoint a citizens’
line 12 oversight committee to ensure the proceeds of the special tax are
line 13 expended only for the purposes described in the measure approved
line 14 by the voters.
line 15 (b) For purposes of this section, the following terms have the
line 16 following meanings:
line 17 (1) “Affordable housing” shall include housing developments,
line 18 or portions of housing developments, that provide workforce
line 19 housing affordable to households earning up to 150 percent of
line 20 countywide median income, and housing developments, or portions
line 21 of housing developments, that provide housing affordable to lower,
line 22 low-, or very low income households, as those terms are defined
line 23 in state law.
line 24 (2) “At risk of chronic homelessness” includes, but is not limited
line 25 to, persons who are at high risk of long-term or intermittent
line 26 homelessness, including persons with mental illness exiting
line 27 institutionalized settings, including, but not limited to, jail and
line 28 mental health facilities, who were homeless prior to admission,
line 29 transition age youth experiencing homelessness or with significant
line 30 barriers to housing stability, and others, as defined in program
line 31 guidelines.
line 32 (3) “Permanent supportive housing” means housing with no
line 33 limit on length of stay, that is occupied by the target population,
line 34 and that is linked to onsite or offsite services that assist residents
line 35 in retaining the housing, improving their health status, and
line 36 maximizing their ability to live and, when possible, work in the
line 37 community. “Permanent supportive housing” includes associated
line 38 facilities, if those facilities are used to provide services to housing
line 39 residents.
99
ACA 1 — 9 —
line 1 (4) “Public infrastructure” shall include, but is not limited to,
line 2 the projects that provide any of the following:
line 3 (A) Water or protect water quality.
line 4 (B) Sanitary sewer.
line 5 (C) Treatment of wastewater or reduction of pollution from
line 6 stormwater runoff.
line 7 (D) Protection of property from impacts of sea level rise.
line 8 (E) Parks and recreation facilities.
line 9 (F) Open space.
line 10 (G) Improvements to transit and streets and highways.
line 11 (H) Flood control.
line 12 (I) Broadband internet access service expansion in underserved
line 13 areas.
line 14 (J) Local hospital construction.
line 15 (K) Public safety buildings or facilities, equipment related to
line 16 fire suppression, emergency response equipment, or interoperable
line 17 communications equipment for direct and exclusive use by fire,
line 18 emergency response, policy or sheriff personnel.
line 19 (L) Public library facilities.
line 20 (c) This section shall apply to any local measure imposing,
line 21 extending, or increasing a sales and use tax imposed pursuant to
line 22 the Bradley-Burns Uniform Local Sales and Use Tax Law, a
line 23 transactions and use tax imposed in accordance with the
line 24 Transactions and Use Tax Law, or a parcel tax imposed by a local
line 25 government for those purposes described in subdivision (a) that
line 26 is submitted at the same election as the measure adding this section.
line 27 Fifth—That Section 3 of Article XIII D thereof is amended to
line 28 read:
line 29 SEC. 3. Property Taxes, Assessments, Fees and Charges
line 30 Limited. (a) No (a) An agency shall not assess a tax, assessment,
line 31 fee, or charge shall be assessed by any agency upon any parcel of
line 32 property or upon any person as an incident of property ownership
line 33 except:
line 34 (1) The ad valorem property tax imposed pursuant to Article
line 35 XIII and Article XIIIA.
line 36 (2) Any special tax receiving a two-thirds vote pursuant to
line 37 Section 4 of Article XIII A.A or receiving a 55-percent approval
line 38 pursuant to Section 2.5 of Article XIIIC.
line 39 (3) Assessments as provided by this article.
99
— 10 — ACA 1
line 1 (4) Fees or charges for property related property-related services
line 2 as provided by this article.
line 3 (b) For purposes of this article, fees for the provision of electrical
line 4 or gas service shall are not be deemed charges or fees imposed as
line 5 an incident of property ownership.
line 6 Sixth—That Section 18 of Article XVI thereof is amended to
line 7 read:
line 8 SEC. 18. (a) No A county, city, town, township, board of
line 9 education, or school district, shall not incur any indebtedness or
line 10 liability in any manner or for any purpose exceeding in any year
line 11 the income and revenue provided for such that year, without the
line 12 assent of two-thirds of the voters of the public entity voting at an
line 13 election to be held for that purpose, except that with respect to any
line 14 such public entity which that is authorized to incur indebtedness
line 15 for public school purposes, any proposition for the incurrence of
line 16 indebtedness in the form of general obligation bonds for the
line 17 purpose of repairing, reconstructing reconstructing, or replacing
line 18 public school buildings determined, in the manner prescribed by
line 19 law, to be structurally unsafe for school use, shall be adopted upon
line 20 the approval of a majority of the voters of the public entity voting
line 21 on the proposition at such the election; nor unless before or at the
line 22 time of incurring such indebtedness provision shall be made for
line 23 the collection of an annual tax sufficient to pay the interest on such
line 24 indebtedness as it falls due, and to provide for a sinking fund for
line 25 the payment of the principal thereof, on or before maturity, which
line 26 shall not exceed forty years from the time of contracting the
line 27 indebtedness. A special district, other than a board of education
line 28 or school district, shall not incur any indebtedness or liability
line 29 exceeding any applicable statutory limit, as prescribed by the
line 30 statutes governing the special district as they currently read or
line 31 may thereafter be amended by the Legislature.
line 32 (b) (1) Notwithstanding subdivision (a), on or after the effective
line 33 date of the measure adding this subdivision, in the case of any
line 34 school district, community college district, or county office of
line 35 education, any proposition for the incurrence of indebtedness in
line 36 the form of general obligation bonds for the construction,
line 37 reconstruction, rehabilitation, or replacement of school facilities,
line 38 including the furnishing and equipping of school facilities, or the
line 39 acquisition or lease of real property for school facilities, purposes
line 40 described in paragraph (3) or (4) of subdivision (b) of Section 1
99
ACA 1 — 11 —
line 1 of Article XIII A shall be adopted upon the approval of 55 percent
line 2 of the voters of the district or county, school district, community
line 3 college district, county office of education, city, county, city and
line 4 county, or other special district, as appropriate, voting on the
line 5 proposition at an election. This subdivision shall apply only to a
line 6 proposition for the incurrence of indebtedness in the form of
line 7 general obligation bonds for the purposes specified in this
line 8 subdivision only if the proposition meets all of the accountability
line 9 requirements of paragraph (3) or (4) of subdivision (b) (b), as
line 10 appropriate, of Section 1 of Article XIII A.
line 11 (2) The amendments made to this subdivision by the measure
line 12 adding this paragraph shall apply to any proposition for the
line 13 incurrence of indebtedness in the form of general obligation bonds
line 14 pursuant to this subdivision for the purposes described in
line 15 paragraph (4) of subdivision (b) of Section 1 of Article XIII A that
line 16 is submitted at the same election as the measure adding this
line 17 paragraph.
line 18 (c) When two or more propositions for incurring any
line 19 indebtedness or liability are submitted at the same election, the
line 20 votes cast for and against each proposition shall be counted
line 21 separately, and when if two-thirds or a majority or 55 percent of
line 22 the voters, as the case may be, voting on any one of those
line 23 propositions, vote in favor thereof, the proposition shall be deemed
line 24 adopted.
O
99
— 12 — ACA 1
SENATE BILL No. 5
Introduced by Senators Atkins, Caballero, McGuire, Rubio,
Skinner, and Wiener
December 7, 2020
An act relating to housing.
legislative counsel’s digest
SB 5, as introduced, Atkins. Housing: bond act.
Under existing law, there are programs providing assistance for,
among other things, emergency housing, multifamily housing,
farmworker housing, home ownership for very low and low-income
households, and downpayment assistance for first-time homebuyers.
Existing law also authorizes the issuance of bonds in specified amounts
pursuant to the State General Obligation Bond Law and requires that
proceeds from the sale of these bonds be used to finance various existing
housing programs, capital outlay related to infill development,
brownfield cleanup that promotes infill development, and
housing-related parks.
This bill would state the intent of the Legislature to enact legislation
that would authorize the issuance of bonds and would require the
proceeds from the sale of those bonds to be used to finance
housing-related programs that serve the homeless and extremely low
income and very low income Californians.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
The people of the State of California do enact as follows:
line 1 SECTION 1. It is the intent of the Legislature to enact
line 2 legislation that would authorize the issuance of bonds and would
Corrected 12-9-20—See last page.99
line 1 require the proceeds from the sale of those bonds to be used to
line 2 finance housing-related programs that serve the homeless and
line 3 extremely low income and very low income Californians over the
line 4 course of the next decade.
line 5
line 6
CORRECTIONS: line 7
Heading—Line 1. line 8
line 9
O
99
— 2 — SB 5
SENATE BILL No. 6
Introduced by Senators Caballero, Eggman, and Rubio
(Principal coauthors: Senators Atkins, Durazo, Gonzalez, and
Wiener)
(Coauthor: Senator Hueso)
(Coauthors: Assembly Members Arambula, Carrillo, Cooper, Gipson,
Quirk-Silva, and Robert Rivas)
December 7, 2020
An act to amend Section 65913.4 of, and to add Section 65852.23
to, the Government Code, relating to land use.
legislative counsel’s digest
SB 6, as introduced, Caballero. Local planning: housing: commercial
zones.
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. Existing
law requires that the housing element include, among other things, an
inventory of land suitable and available for residential development. If
the inventory of sites does not identify adequate sites to accommodate
the need for groups of all households pursuant to specified law, existing
law requires the local government to rezone sites within specified time
periods and that this rezoning accommodate 100% of the need for
housing for very low and low-income households on sites that will be
zoned to permit owner-occupied and rental multifamily residential use
by right for specified developments.
This bill, the Neighborhood Homes Act, would deem a housing
development project, as defined, an allowable use on a neighborhood
lot, which is defined as a parcel within an office or retail commercial
Corrected 12-9-20—See last page.99
zone that is not adjacent to an industrial use. The bill would require the
density for a housing development under these provisions to meet or
exceed the density deemed appropriate to accommodate housing for
lower income households according to the type of local jurisdiction,
including a density of at least 20 units per acre for a suburban
jurisdiction. The bill would require the housing development to meet
all other local requirements for a neighborhood lot, other than those
that prohibit residential use, or allow residential use at a lower density
than that required by the bill. The bill would provide that a housing
development under these provisions is subject to the local zoning,
parking, design, and other ordinances, local code requirements, and
procedures applicable to the processing and permitting of a housing
development in a zone that allows for the housing with the density
required by the act. If more than one zoning designation of the local
agency allows for housing with the density required by the act, the bill
would require that the zoning standards that apply to the closest parcel
that allows residential use at a density that meets the requirements of
the act would apply. If the existing zoning designation allows residential
use at a density greater than that required by the act, the bill would
require that the existing zoning designation for the parcel would apply.
The bill would also require that a housing development under these
provisions comply with public notice, comment, hearing, or other
procedures applicable to a housing development in a zone with the
applicable density. The bill would require that the housing development
is subject to a recorded deed restriction with an unspecified affordability
requirement, as provided. The bill would require that a developer either
certify that the development is a public work, as defined, or is not in
its entirety a public work, but that all construction workers will be paid
prevailing wages, as provided, or certify that a skilled and trained
workforce, as defined, will be used to perform all construction work
on the development, as provided. The bill would require a local agency
to require that a rental of any unit created pursuant to the bill’s
provisions be for a term longer than 30 days. The bill would authorize
a local agency to exempt a neighborhood lot from these provisions in
its land use element of the general plan if the local agency concurrently
reallocates the lost residential density to other lots so that there is no
net loss in residential density in the jurisdiction, as provided. The bill
would specify that it does not alter or affect the application of any
housing, environmental, or labor law applicable to a housing
development authorized by these provisions, including, but not limited
99
— 2 — SB 6
to, the California Coastal Act, the California Environmental Quality
Act, the Housing Accountability Act, obligations to affirmatively further
fair housing, and any state or local affordability laws or tenant protection
laws. The bill would require an applicant of a housing development
under these provisions to provide notice of a pending application to
each commercial tenant of the neighborhood lot.
The bill would include findings that changes proposed by the
Neighborhood Homes Act address a matter of statewide concern rather
than a municipal affair and, therefore, apply to all cities, including
charter cities.
The Housing Accountability Act, which is part of the Planning and
Zoning Law, prohibits a local agency from disapproving, or conditioning
approval in a manner that renders infeasible, a housing development
project, as defined for purposes of the act, for very low, low-, or
moderate-income households or an emergency shelter unless the local
agency makes specified written findings based on a preponderance of
the evidence in the record. That act states that it shall not be construed
to prohibit a local agency from requiring a housing development project
to comply with objective, quantifiable, written development standards,
conditions, and policies appropriate to, and consistent with, meeting
the jurisdiction’s share of the regional housing need, except as provided.
That act further provides that a housing development project or
emergency shelter shall be deemed consistent, compliant, and in
conformity with an applicable plan, program, policy, ordinance,
standard, requirement, or other similar provision if there is substantial
evidence that would allow a reasonable person to conclude that the
housing development project or emergency shelter is consistent,
compliant, or in conformity.
The bill would provide that for purposes of the Housing
Accountability Act, a proposed housing development project is
consistent, compliant, and in conformity with an applicable plan,
program, policy, ordinance, standard, requirement, or other similar
provision if the housing development project is consistent with the
standards applied to the parcel pursuant to specified provisions of the
Neighborhood Homes Act and if none of the square footage in the
project is designated for hotel, motel, bed and breakfast inn, or other
transient lodging use, except for a residential hotel, as defined.
The Planning and Zoning Law, until January 1, 2026, also authorizes
a development proponent to submit an application for a multifamily
housing development that is subject to a streamlined, ministerial
99
SB 6 — 3 —
approval process, as provided, and not subject to a conditional use
permit, if the development satisfies specified objective planning
standards, including a requirement that the site on which the
development is proposed is zoned for residential use or residential
mixed-use development, or has a general plan designation that allows
residential use or a mix of residential and nonresidential uses, with at
least 2⁄3 of the square footage of the development designated for
residential use. Under that law, the proposed development is also
required to be consistent with objective zoning standards, objective
subdivision standards, and objective design review standards in effect
at the time the development is submitted to the local government.
This bill would permit the development to be proposed for a site
zoned for office or retail commercial use if the site has had no
commercial tenants on 50% or more of its total usable net interior square
footage for a period of at least 3 years prior to the submission of the
application. The bill would also provide that a project located on a
neighborhood lot, as defined, shall be deemed consistent with objective
zoning standards, objective design standards, and objective subdivision
standards if the project is consistent with the applicable provisions of
the Neighborhood Homes Act.
By expanding the crime of perjury and imposing new duties on local
agencies with regard to local planning and zoning, 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 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:
line 1 SECTION 1. Section 65852.23 is added to the Government
line 2 Code, to read:
line 3 65852.23. (a) (1) This section shall be known, and may be
line 4 cited, as the Neighborhood Homes Act.
line 5 (2) The Legislature finds and declares that creating more
line 6 affordable housing is critical to the achievement of regional
line 7 housing needs assessment goals, and that housing units developed
99
— 4 — SB 6
line 1 at higher densities may generate affordability by design for
line 2 California residents, without the necessity of public subsidies,
line 3 income eligibility, occupancy restrictions, lottery procedures, or
line 4 other legal requirements applicable to deed restricted affordable
line 5 housing to serve very low and low-income residents and special
line 6 needs residents.
line 7 (b) A housing development project shall be deemed an allowable
line 8 use on a neighborhood lot if it complies with all of the following:
line 9 (1) (A) The density for the housing development shall meet or
line 10 exceed the applicable density deemed appropriate to accommodate
line 11 housing for lower income households as follows:
line 12 (i) For an incorporated city within a nonmetropolitan county
line 13 and for a nonmetropolitan county that has a micropolitan area,
line 14 sites allowing at least 15 units per acre.
line 15 (ii) For an unincorporated area in a nonmetropolitan county not
line 16 included in subparagraph (A), sites allowing at least 10 units per
line 17 acre.
line 18 (iii) For a suburban jurisdiction, sites allowing at least 20 units
line 19 per acre.
line 20 (iv) For a jurisdiction in a metropolitan county, sites allowing
line 21 at least 30 units per acre.
line 22 (B) “Metropolitan county,” “nonmetropolitan county,”
line 23 “nonmetropolitan county with a micropolitan area,” and
line 24 “suburban,” shall have the same meanings as defined in
line 25 subdivisions (d), (e), and (f) of Section 65583.2.
line 26 (2) (A) The housing development shall be subject to local
line 27 zoning, parking, design, and other ordinances, local code
line 28 requirements, and procedures applicable to the processing and
line 29 permitting of a housing development in a zone that allows for the
line 30 housing with the density described in paragraph (1).
line 31 (B) If more than one zoning designation of the local agency
line 32 allows for housing with the density described in paragraph (1), the
line 33 zoning standards applicable to a parcel that allows residential use
line 34 pursuant to this section shall be the zoning standards that apply to
line 35 the closest parcel that allows residential use at a density that meets
line 36 the requirements of paragraph (1).
line 37 (C) If the existing zoning designation for the parcel, as adopted
line 38 by the local government, allows residential use at a density greater
line 39 than that required in paragraph (1), the existing zoning designation
line 40 shall apply.
99
SB 6 — 5 —
line 1 (3) The housing development shall comply with any public
line 2 notice, comment, hearing, or other procedures imposed by the
line 3 local agency on a housing development in the applicable zoning
line 4 designation identified in paragraph (2).
line 5 (4) The housing development shall be subject to a recorded deed
line 6 restriction requiring that at least __ percent of the units have an
line 7 affordable housing cost or affordable rent for lower income
line 8 households.
line 9 (5) All other local requirements for a neighborhood lot, other
line 10 than those that prohibit residential use, or allow residential use at
line 11 a lower density than provided in paragraph (1).
line 12 (6) The developer has done both of the following:
line 13 (A) Certified to the local agency that either of the following is
line 14 true:
line 15 (i) The entirety of the development is a public work for purposes
line 16 of Chapter 1 (commencing with Section 1720) of Part 7 of Division
line 17 2 of the Labor Code.
line 18 (ii) The development is not in its entirety a public work for
line 19 which prevailing wages must be paid under Article 2 (commencing
line 20 with Section 1720) of Chapter 1 of Part 2 of Division 2 of the
line 21 Labor Code, but all construction workers employed on construction
line 22 of the development will be paid at least the general prevailing rate
line 23 of per diem wages for the type of work and geographic area, as
line 24 determined by the Director of Industrial Relations pursuant to
line 25 Sections 1773 and 1773.9 of the Labor Code, except that
line 26 apprentices registered in programs approved by the Chief of the
line 27 Division of Apprenticeship Standards may be paid at least the
line 28 applicable apprentice prevailing rate. If the development is subject
line 29 to this subparagraph, then for those portions of the development
line 30 that are not a public work all of the following shall apply:
line 31 (I) The developer shall ensure that the prevailing wage
line 32 requirement is included in all contracts for the performance of all
line 33 construction work.
line 34 (II) All contractors and subcontractors shall pay to all
line 35 construction workers employed in the execution of the work at
line 36 least the general prevailing rate of per diem wages, except that
line 37 apprentices registered in programs approved by the Chief of the
line 38 Division of Apprenticeship Standards may be paid at least the
line 39 applicable apprentice prevailing rate.
99
— 6 — SB 6
line 1 (III) Except as provided in subclause (V), all contractors and
line 2 subcontractors shall maintain and verify payroll records pursuant
line 3 to Section 1776 of the Labor Code and make those records
line 4 available for inspection and copying as provided therein.
line 5 (IV) Except as provided in subclause (V), the obligation of the
line 6 contractors and subcontractors to pay prevailing wages may be
line 7 enforced by the Labor Commissioner through the issuance of a
line 8 civil wage and penalty assessment pursuant to Section 1741 of the
line 9 Labor Code, which may be reviewed pursuant to Section 1742 of
line 10 the Labor Code, within 18 months after the completion of the
line 11 development, or by an underpaid worker through an administrative
line 12 complaint or civil action, or by a joint labor-management
line 13 committee though a civil action under Section 1771.2 of the Labor
line 14 Code. If a civil wage and penalty assessment is issued, the
line 15 contractor, subcontractor, and surety on a bond or bonds issued to
line 16 secure the payment of wages covered by the assessment shall be
line 17 liable for liquidated damages pursuant to Section 1742.1 of the
line 18 Labor Code.
line 19 (V) Subclauses (III) and (IV) shall not apply if all contractors
line 20 and subcontractors performing work on the development are subject
line 21 to a project labor agreement that requires the payment of prevailing
line 22 wages to all construction workers employed in the execution of
line 23 the development and provides for enforcement of that obligation
line 24 through an arbitration procedure. For purposes of this clause,
line 25 “project labor agreement” has the same meaning as set forth in
line 26 paragraph (1) of subdivision (b) of Section 2500 of the Public
line 27 Contract Code.
line 28 (VI) Notwithstanding subdivision (c) of Section 1773.1 of the
line 29 Labor Code, the requirement that employer payments not reduce
line 30 the obligation to pay the hourly straight time or overtime wages
line 31 found to be prevailing shall not apply if otherwise provided in a
line 32 bona fide collective bargaining agreement covering the worker.
line 33 The requirement to pay at least the general prevailing rate of per
line 34 diem wages does not preclude use of an alternative workweek
line 35 schedule adopted pursuant to Section 511 or 514 of the Labor
line 36 Code.
line 37 (B) Certified to the local agency that a skilled and trained
line 38 workforce will be used to perform all construction work on the
line 39 development.
99
SB 6 — 7 —
line 1 (i) For purposes of this section, “skilled and trained workforce”
line 2 has the same meaning as provided in Chapter 2.9 (commencing
line 3 with Section 2600) of Part 1 of Division 2 of the Public Contract
line 4 Code.
line 5 (ii) If the developer has certified that a skilled and trained
line 6 workforce will be used to construct all work on development and
line 7 the application is approved, the following shall apply:
line 8 (I) The developer shall require in all contracts for the
line 9 performance of work that every contractor and subcontractor at
line 10 every tier will individually use a skilled and trained workforce to
line 11 construct the development.
line 12 (II) Every contractor and subcontractor shall use a skilled and
line 13 trained workforce to construct the development.
line 14 (III) Except as provided in subclause (IV), the developer shall
line 15 provide to the local agency, on a monthly basis while the
line 16 development or contract is being performed, a report demonstrating
line 17 compliance with Chapter 2.9 (commencing with Section 2600) of
line 18 Part 1 of Division 2 of the Public Contract Code. A monthly report
line 19 provided to the local government pursuant to this subclause shall
line 20 be a public record under the California Public Records Act (Chapter
line 21 3.5 (commencing with Section 6250) of Division 7 of Title 1) and
line 22 shall be open to public inspection. A developer that fails to provide
line 23 a monthly report demonstrating compliance with Chapter 2.9
line 24 (commencing with Section 2600) of Part 1 of Division 2 of the
line 25 Public Contract Code shall be subject to a civil penalty of ten
line 26 thousand dollars ($10,000) per month for each month for which
line 27 the report has not been provided. Any contractor or subcontractor
line 28 that fails to use a skilled and trained workforce shall be subject to
line 29 a civil penalty of two hundred dollars ($200) per day for each
line 30 worker employed in contravention of the skilled and trained
line 31 workforce requirement. Penalties may be assessed by the Labor
line 32 Commissioner within 18 months of completion of the development
line 33 using the same procedures for issuance of civil wage and penalty
line 34 assessments pursuant to Section 1741 of the Labor Code, and may
line 35 be reviewed pursuant to the same procedures in Section 1742 of
line 36 the Labor Code. Penalties shall be paid to the State Public Works
line 37 Enforcement Fund.
line 38 (IV) Subclause (III) shall not apply if all contractors and
line 39 subcontractors performing work on the development are subject
line 40 to a project labor agreement that requires compliance with the
99
— 8 — SB 6
line 1 skilled and trained workforce requirement and provides for
line 2 enforcement of that obligation through an arbitration procedure.
line 3 For purposes of this subparagraph, “project labor agreement” has
line 4 the same meaning as set forth in paragraph (1) of subdivision (b)
line 5 of Section 2500 of the Public Contract Code.
line 6 (c) A local agency shall require that a rental of any unit created
line 7 pursuant to this section be for a term longer than 30 days.
line 8 (d) (1) A local agency may exempt a neighborhood lot from
line 9 this section in its land use element of the general plan if the local
line 10 agency concurrently reallocates the lost residential density to other
line 11 lots so that there is no net loss in residential density in the
line 12 jurisdiction.
line 13 (2) A local agency may reallocate the residential density from
line 14 an exempt neighborhood lot pursuant to this subdivision only if
line 15 the site or sites chosen by the local agency to which the residential
line 16 density is reallocated meet both of the following requirements:
line 17 (A) The site or sites are suitable for residential development.
line 18 For purposes of this subparagraph, “site or sites suitable for
line 19 residential development” shall have the same meaning as “land
line 20 suitable for residential development,” as defined in Section
line 21 65583.2.
line 22 (B) The site or sites are subject to an ordinance that allows for
line 23 development by right.
line 24 (e) (1) This section does not alter or lessen the applicability of
line 25 any housing, environmental, or labor law applicable to a housing
line 26 development authorized by this section, including, but not limited
line 27 to, the following:
line 28 (A) The California Coastal Act of 1976 (Division 20
line 29 (commencing with Section 30000) of the Public Resources Code)
line 30 (B) The California Environmental Quality Act (Division 13
line 31 (commencing with Section 21000) of the Public Resources Code).
line 32 (C) The Housing Accountability Act (Section 65589.5).
line 33 (D) The Density Bonus Law (Section 65915).
line 34 (E) Obligations to affirmatively further fair housing, pursuant
line 35 to Section 8899.50.
line 36 (F) State or local affordable housing laws.
line 37 (G) State or local tenant protection laws.
line 38 (2) All local demolition ordinances shall apply to a project
line 39 developed on a neighborhood lot.
99
SB 6 — 9 —
line 1 (3) For purposes of the Housing Accountability Act (Section
line 2 65589.5), a proposed housing development project that is consistent
line 3 with the provisions of paragraph (2) of subdivision (b) shall be
line 4 deemed consistent, compliant, and in conformity with an applicable
line 5 plan, program, policy, ordinance, standard, requirement, or other
line 6 similar provision.
line 7 (4) Notwithstanding any other provision of this section, for
line 8 purposes of the Density Bonus Law (Section 65915), an applicant
line 9 for a housing development under this section may apply for a
line 10 density bonus pursuant to Section 65915.
line 11 (f) An applicant for a housing development under this section
line 12 shall provide written notice of the pending application to each
line 13 commercial tenant on the neighborhood lot when the application
line 14 is submitted.
line 15 (g) (1) An applicant seeking to develop a housing project on a
line 16 neighborhood lot may request that a local agency establish a
line 17 Mello-Roos Community Facilities District, or may request that
line 18 the neighborhood lot be annexed to an existing community facilities
line 19 district, as authorized in Chapter 2.5 (commencing with Section
line 20 53311) of Part 1 of Division 2 of Title 5 to finance improvements
line 21 and services to the units proposed to be developed.
line 22 (2) An annexation to a community facilities district for a
line 23 neighborhood lot shall be subject to a protest proceeding as
line 24 provided in subdivision (b) of Section 53339.6.
line 25 (3) An applicant who voluntarily enrolls in the district shall not
line 26 be required to pay a development, impact, or mitigation fee, charge,
line 27 or exaction in connection with the approval of a development
line 28 project to the extent that those facilities and services are funded
line 29 by a community facilities district established pursuant to this
line 30 subdivision. This paragraph shall not prohibit a local agency from
line 31 imposing any application, development, mitigation, building, or
line 32 other fee to fund the construction cost of public infrastructure
line 33 facilities or services that are not funded by a community facilities
line 34 district to support a housing development project.
line 35 (h) For purposes of this section:
line 36 (1) “Housing development project” means a use consisting of
line 37 any of the following:
line 38 (A) Residential units only.
line 39 (B) Mixed-use developments consisting of residential and
line 40 nonresidential retail commercial or office uses. None of the square
99
— 10 — SB 6
line 1 footage of any such development shall be designated for hotel,
line 2 motel, bed and breakfast inn, or other transient lodging use, except
line 3 for a residential hotel.
line 4 (2) “Local agency” means a city, including a charter city, county,
line 5 or a city and county.
line 6 (3) “Neighborhood lot” means a parcel within an office or retail
line 7 commercial zone that is not adjacent to an industrial use.
line 8 (4) “Office or retail commercial zone” means any commercial
line 9 zone, except for zones where office uses and retail uses are not
line 10 permitted, or are permitted only as an accessory use.
line 11 (5) “Residential hotel” has the same meaning as defined in
line 12 Section 50519 of the Health and Safety Code.
line 13 (i) The Legislature finds and declares that ensuring access to
line 14 affordable housing is a matter of statewide concern and is not a
line 15 municipal affair as that term is used in Section 5 of Article XI of
line 16 the California Constitution. Therefore, this section applies to all
line 17 cities, including charter cities.
line 18 SEC. 2. Section 65913.4 of the Government Code is amended
line 19 to read:
line 20 65913.4. (a) A development proponent may submit an
line 21 application for a development that is subject to the streamlined,
line 22 ministerial approval process provided by subdivision (c) and is
line 23 not subject to a conditional use permit if the development complies
line 24 with subdivision (b) and satisfies all of the following objective
line 25 planning standards:
line 26 (1) The development is a multifamily housing development that
line 27 contains two or more residential units.
line 28 (2) The development and the site on which it is located satisfy
line 29 all of the following:
line 30 (A) It is a legal parcel or parcels located in a city if, and only
line 31 if, the city boundaries include some portion of either an urbanized
line 32 area or urban cluster, as designated by the United States Census
line 33 Bureau, or, for unincorporated areas, a legal parcel or parcels
line 34 wholly within the boundaries of an urbanized area or urban cluster,
line 35 as designated by the United States Census Bureau.
line 36 (B) At least 75 percent of the perimeter of the site adjoins parcels
line 37 that are developed with urban uses. For the purposes of this section,
line 38 parcels that are only separated by a street or highway shall be
line 39 considered to be adjoined.
99
SB 6 — 11 —
line 1 (C) (i) A site that meets the requirements of clause (ii) and
line 2 satisfies any of the following:
line 3 (I) The site is zoned for residential use or residential mixed-use
line 4 development.
line 5 (II) The site has a general plan designation that allows
line 6 residential use or a mix of residential and nonresidential uses.
line 7 (III) The site is zoned for office or retail commercial use and
line 8 has had no commercial tenants on 50 percent or more of its total
line 9 usable net interior square footage for a period of at least three
line 10 years prior to the submission of the application.
line 11 (C)
line 12 (D) It is zoned for residential use or residential mixed-use
line 13 development, or has a general plan designation that allows
line 14 residential use or a mix of residential and nonresidential uses, and
line 15 at least two-thirds of the square footage of the development is
line 16 designated for residential use. Additional density, floor area, and
line 17 units, and any other concession, incentive, or waiver of
line 18 development standards granted pursuant to the Density Bonus Law
line 19 in Section 65915 shall be included in the square footage
line 20 calculation. The square footage of the development shall not
line 21 include underground space, such as basements or underground
line 22 parking garages.
line 23 (3) (A) The development proponent has committed to record,
line 24 prior to the issuance of the first building permit, a land use
line 25 restriction or covenant providing that any lower or moderate
line 26 income housing units required pursuant to subparagraph (B) of
line 27 paragraph (4) shall remain available at affordable housing costs
line 28 or rent to persons and families of lower or moderate income for
line 29 no less than the following periods of time:
line 30 (i) Fifty-five years for units that are rented.
line 31 (ii) Forty-five years for units that are owned.
line 32 (B) The city or county shall require the recording of covenants
line 33 or restrictions implementing this paragraph for each parcel or unit
line 34 of real property included in the development.
line 35 (4) The development satisfies subparagraphs (A) and (B) below:
line 36 (A) Is located in a locality that the department has determined
line 37 is subject to this subparagraph on the basis that the number of units
line 38 that have been issued building permits, as shown on the most recent
line 39 production report received by the department, is less than the
line 40 locality’s share of the regional housing needs, by income category,
99
— 12 — SB 6
line 1 for that reporting period. A locality shall remain eligible under
line 2 this subparagraph until the department’s determination for the next
line 3 reporting period.
line 4 (B) The development is subject to a requirement mandating a
line 5 minimum percentage of below market rate housing based on one
line 6 of the following:
line 7 (i) The locality did not submit its latest production report to the
line 8 department by the time period required by Section 65400, or that
line 9 production report reflects that there were fewer units of above
line 10 moderate-income housing issued building permits than were
line 11 required for the regional housing needs assessment cycle for that
line 12 reporting period. In addition, if the project contains more than 10
line 13 units of housing, the project does either of the following:
line 14 (I) The project dedicates a minimum of 10 percent of the total
line 15 number of units to housing affordable to households making at or
line 16 below 80 percent of the area median income. However, if the
line 17 locality has adopted a local ordinance that requires that greater
line 18 than 10 percent of the units be dedicated to housing affordable to
line 19 households making below 80 percent of the area median income,
line 20 that local ordinance applies.
line 21 (II) (ia) If the project is located within the San Francisco Bay
line 22 area, the project, in lieu of complying with subclause (I), dedicates
line 23 20 percent of the total number of units to housing affordable to
line 24 households making below 120 percent of the area median income
line 25 with the average income of the units at or below 100 percent of
line 26 the area median income. However, a local ordinance adopted by
line 27 the locality applies if it requires greater than 20 percent of the units
line 28 be dedicated to housing affordable to households making at or
line 29 below 120 percent of the area median income, or requires that any
line 30 of the units be dedicated at a level deeper than 120 percent. In
line 31 order to comply with this subclause, the rent or sale price charged
line 32 for units that are dedicated to housing affordable to households
line 33 between 80 percent and 120 percent of the area median income
line 34 shall not exceed 30 percent of the gross income of the household.
line 35 (ib) For purposes of this subclause, “San Francisco Bay area”
line 36 means the entire area within the territorial boundaries of the
line 37 Counties of Alameda, Contra Costa, Marin, Napa, San Mateo,
line 38 Santa Clara, Solano, and Sonoma, and the City and County of San
line 39 Francisco.
99
SB 6 — 13 —
line 1 (ii) The locality’s latest production report reflects that there
line 2 were fewer units of housing issued building permits affordable to
line 3 either very low income or low-income households by income
line 4 category than were required for the regional housing needs
line 5 assessment cycle for that reporting period, and the project seeking
line 6 approval dedicates 50 percent of the total number of units to
line 7 housing affordable to households making at or below 80 percent
line 8 of the area median income. However, if the locality has adopted
line 9 a local ordinance that requires that greater than 50 percent of the
line 10 units be dedicated to housing affordable to households making at
line 11 or below 80 percent of the area median income, that local ordinance
line 12 applies.
line 13 (iii) The locality did not submit its latest production report to
line 14 the department by the time period required by Section 65400, or
line 15 if the production report reflects that there were fewer units of
line 16 housing affordable to both income levels described in clauses (i)
line 17 and (ii) that were issued building permits than were required for
line 18 the regional housing needs assessment cycle for that reporting
line 19 period, the project seeking approval may choose between utilizing
line 20 clause (i) or (ii).
line 21 (C) (i) A development proponent that uses a unit of affordable
line 22 housing to satisfy the requirements of subparagraph (B) may also
line 23 satisfy any other local or state requirement for affordable housing,
line 24 including local ordinances or the Density Bonus Law in Section
line 25 65915, provided that the development proponent complies with
line 26 the applicable requirements in the state or local law.
line 27 (ii) A development proponent that uses a unit of affordable
line 28 housing to satisfy any other state or local affordability requirement
line 29 may also satisfy the requirements of subparagraph (B), provided
line 30 that the development proponent complies with applicable
line 31 requirements of subparagraph (B).
line 32 (iii) A development proponent may satisfy the affordability
line 33 requirements of subparagraph (B) with a unit that is restricted to
line 34 households with incomes lower than the applicable income limits
line 35 required in subparagraph (B).
line 36 (5) The development, excluding any additional density or any
line 37 other concessions, incentives, or waivers of development standards
line 38 granted pursuant to the Density Bonus Law in Section 65915, is
line 39 consistent with objective zoning standards, objective subdivision
line 40 standards, and objective design review standards in effect at the
99
— 14 — SB 6
line 1 time that the development is submitted to the local government
line 2 pursuant to this section, or at the time a notice of intent is submitted
line 3 pursuant to subdivision (b), whichever occurs earlier. For purposes
line 4 of this paragraph, “objective zoning standards,” “objective
line 5 subdivision standards,” and “objective design review standards”
line 6 mean standards that involve no personal or subjective judgment
line 7 by a public official and are uniformly verifiable by reference to
line 8 an external and uniform benchmark or criterion available and
line 9 knowable by both the development applicant or proponent and the
line 10 public official before submittal. These standards may be embodied
line 11 in alternative objective land use specifications adopted by a city
line 12 or county, and may include, but are not limited to, housing overlay
line 13 zones, specific plans, inclusionary zoning ordinances, and density
line 14 bonus ordinances, subject to the following:
line 15 (A) A development shall be deemed consistent with the objective
line 16 zoning standards related to housing density, as applicable, if the
line 17 density proposed is compliant with the maximum density allowed
line 18 within that land use designation, notwithstanding any specified
line 19 maximum unit allocation that may result in fewer units of housing
line 20 being permitted.
line 21 (B) In the event that objective zoning, general plan, subdivision,
line 22 or design review standards are mutually inconsistent, a
line 23 development shall be deemed consistent with the objective zoning
line 24 and subdivision standards pursuant to this subdivision if the
line 25 development is consistent with the standards set forth in the general
line 26 plan.
line 27 (C) It is the intent of the Legislature that the objective zoning
line 28 standards, objective subdivision standards, and objective design
line 29 review standards described in this paragraph be adopted or
line 30 amended in compliance with the requirements of Chapter 905 of
line 31 the Statutes of 2004.
line 32 (D) The amendments to this subdivision made by the act adding
line 33 this subparagraph do not constitute a change in, but are declaratory
line 34 of, existing law.
line 35 (E) A project located on a neighborhood lot, as defined in Section
line 36 65852.23, shall be deemed consistent with objective zoning
line 37 standards, objective design standards, and objective subdivision
line 38 standards if the project is consistent with the provisions of
line 39 subdivision (b) of Section 65852.23 and if none of the square
line 40 footage in the project is designated for hotel, motel, bed and
99
SB 6 — 15 —
line 1 breakfast inn, or other transient lodging use, except for a
line 2 residential hotel. For purposes of this subdivision, “residential
line 3 hotel” shall have the same meaning as defined in Section 50519
line 4 of the Health and Safety Code.
line 5 (6) The development is not located on a site that is any of the
line 6 following:
line 7 (A) A coastal zone, as defined in Division 20 (commencing
line 8 with Section 30000) of the Public Resources Code.
line 9 (B) Either prime farmland or farmland of statewide importance,
line 10 as defined pursuant to United States Department of Agriculture
line 11 land inventory and monitoring criteria, as modified for California,
line 12 and designated on the maps prepared by the Farmland Mapping
line 13 and Monitoring Program of the Department of Conservation, or
line 14 land zoned or designated for agricultural protection or preservation
line 15 by a local ballot measure that was approved by the voters of that
line 16 jurisdiction.
line 17 (C) Wetlands, as defined in the United States Fish and Wildlife
line 18 Service Manual, Part 660 FW 2 (June 21, 1993).
line 19 (D) Within a very high fire hazard severity zone, as determined
line 20 by the Department of Forestry and Fire Protection pursuant to
line 21 Section 51178, or within a high or very high fire hazard severity
line 22 zone as indicated on maps adopted by the Department of Forestry
line 23 and Fire Protection pursuant to Section 4202 of the Public
line 24 Resources Code. This subparagraph does not apply to sites
line 25 excluded from the specified hazard zones by a local agency,
line 26 pursuant to subdivision (b) of Section 51179, or sites that have
line 27 adopted fire hazard mitigation measures pursuant to existing
line 28 building standards or state fire mitigation measures applicable to
line 29 the development.
line 30 (E) A hazardous waste site that is listed pursuant to Section
line 31 65962.5 or a hazardous waste site designated by the Department
line 32 of Toxic Substances Control pursuant to Section 25356 of the
line 33 Health and Safety Code, unless the State Department of Public
line 34 Health, State Water Resources Control Board, or Department of
line 35 Toxic Substances Control has cleared the site for residential use
line 36 or residential mixed uses.
line 37 (F) Within a delineated earthquake fault zone as determined by
line 38 the State Geologist in any official maps published by the State
line 39 Geologist, unless the development complies with applicable seismic
line 40 protection building code standards adopted by the California
99
— 16 — SB 6
line 1 Building Standards Commission under the California Building
line 2 Standards Law (Part 2.5 (commencing with Section 18901) of
line 3 Division 13 of the Health and Safety Code), and by any local
line 4 building department under Chapter 12.2 (commencing with Section
line 5 8875) of Division 1 of Title 2.
line 6 (G) Within a special flood hazard area subject to inundation by
line 7 the 1 percent annual chance flood (100-year flood) as determined
line 8 by the Federal Emergency Management Agency in any official
line 9 maps published by the Federal Emergency Management Agency.
line 10 If a development proponent is able to satisfy all applicable federal
line 11 qualifying criteria in order to provide that the site satisfies this
line 12 subparagraph and is otherwise eligible for streamlined approval
line 13 under this section, a local government shall not deny the application
line 14 on the basis that the development proponent did not comply with
line 15 any additional permit requirement, standard, or action adopted by
line 16 that local government that is applicable to that site. A development
line 17 may be located on a site described in this subparagraph if either
line 18 of the following are met:
line 19 (i) The site has been subject to a Letter of Map Revision
line 20 prepared by the Federal Emergency Management Agency and
line 21 issued to the local jurisdiction.
line 22 (ii) The site meets Federal Emergency Management Agency
line 23 requirements necessary to meet minimum flood plain management
line 24 criteria of the National Flood Insurance Program pursuant to Part
line 25 59 (commencing with Section 59.1) and Part 60 (commencing
line 26 with Section 60.1) of Subchapter B of Chapter I of Title 44 of the
line 27 Code of Federal Regulations.
line 28 (H) Within a regulatory floodway as determined by the Federal
line 29 Emergency Management Agency in any official maps published
line 30 by the Federal Emergency Management Agency, unless the
line 31 development has received a no-rise certification in accordance
line 32 with Section 60.3(d)(3) of Title 44 of the Code of Federal
line 33 Regulations. If a development proponent is able to satisfy all
line 34 applicable federal qualifying criteria in order to provide that the
line 35 site satisfies this subparagraph and is otherwise eligible for
line 36 streamlined approval under this section, a local government shall
line 37 not deny the application on the basis that the development
line 38 proponent did not comply with any additional permit requirement,
line 39 standard, or action adopted by that local government that is
line 40 applicable to that site.
99
SB 6 — 17 —
line 1 (I) Lands identified for conservation in an adopted natural
line 2 community conservation plan pursuant to the Natural Community
line 3 Conservation Planning Act (Chapter 10 (commencing with Section
line 4 2800) of Division 3 of the Fish and Game Code), habitat
line 5 conservation plan pursuant to the federal Endangered Species Act
line 6 of 1973 (16 U.S.C. Sec. 1531 et seq.), or other adopted natural
line 7 resource protection plan.
line 8 (J) Habitat for protected species identified as candidate,
line 9 sensitive, or species of special status by state or federal agencies,
line 10 fully protected species, or species protected by the federal
line 11 Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.),
line 12 the California Endangered Species Act (Chapter 1.5 (commencing
line 13 with Section 2050) of Division 3 of the Fish and Game Code), or
line 14 the Native Plant Protection Act (Chapter 10 (commencing with
line 15 Section 1900) of Division 2 of the Fish and Game Code).
line 16 (K) Lands under conservation easement.
line 17 (7) The development is not located on a site where any of the
line 18 following apply:
line 19 (A) The development would require the demolition of the
line 20 following types of housing:
line 21 (i) Housing that is subject to a recorded covenant, ordinance,
line 22 or law that restricts rents to levels affordable to persons and
line 23 families of moderate, low, or very low income.
line 24 (ii) Housing that is subject to any form of rent or price control
line 25 through a public entity’s valid exercise of its police power.
line 26 (iii) Housing that has been occupied by tenants within the past
line 27 10 years.
line 28 (B) The site was previously used for housing that was occupied
line 29 by tenants that was demolished within 10 years before the
line 30 development proponent submits an application under this section.
line 31 (C) The development would require the demolition of a historic
line 32 structure that was placed on a national, state, or local historic
line 33 register.
line 34 (D) The property contains housing units that are occupied by
line 35 tenants, and units at the property are, or were, subsequently offered
line 36 for sale to the general public by the subdivider or subsequent owner
line 37 of the property.
line 38 (8) The development proponent has done both of the following,
line 39 as applicable:
99
— 18 — SB 6
line 1 (A) Certified to the locality that either of the following is true,
line 2 as applicable:
line 3 (i) The entirety of the development is a public work for purposes
line 4 of Chapter 1 (commencing with Section 1720) of Part 7 of Division
line 5 2 of the Labor Code.
line 6 (ii) If the development is not in its entirety a public work, that
line 7 all construction workers employed in the execution of the
line 8 development will be paid at least the general prevailing rate of per
line 9 diem wages for the type of work and geographic area, as
line 10 determined by the Director of Industrial Relations pursuant to
line 11 Sections 1773 and 1773.9 of the Labor Code, except that
line 12 apprentices registered in programs approved by the Chief of the
line 13 Division of Apprenticeship Standards may be paid at least the
line 14 applicable apprentice prevailing rate. If the development is subject
line 15 to this subparagraph, then for those portions of the development
line 16 that are not a public work all of the following shall apply:
line 17 (I) The development proponent shall ensure that the prevailing
line 18 wage requirement is included in all contracts for the performance
line 19 of the work.
line 20 (II) All contractors and subcontractors shall pay to all
line 21 construction workers employed in the execution of the work at
line 22 least the general prevailing rate of per diem wages, except that
line 23 apprentices registered in programs approved by the Chief of the
line 24 Division of Apprenticeship Standards may be paid at least the
line 25 applicable apprentice prevailing rate.
line 26 (III) Except as provided in subclause (V), all contractors and
line 27 subcontractors shall maintain and verify payroll records pursuant
line 28 to Section 1776 of the Labor Code and make those records
line 29 available for inspection and copying as provided therein.
line 30 (IV) Except as provided in subclause (V), the obligation of the
line 31 contractors and subcontractors to pay prevailing wages may be
line 32 enforced by the Labor Commissioner through the issuance of a
line 33 civil wage and penalty assessment pursuant to Section 1741 of the
line 34 Labor Code, which may be reviewed pursuant to Section 1742 of
line 35 the Labor Code, within 18 months after the completion of the
line 36 development, by an underpaid worker through an administrative
line 37 complaint or civil action, or by a joint labor-management
line 38 committee through a civil action under Section 1771.2 of the Labor
line 39 Code. If a civil wage and penalty assessment is issued, the
line 40 contractor, subcontractor, and surety on a bond or bonds issued to
99
SB 6 — 19 —
line 1 secure the payment of wages covered by the assessment shall be
line 2 liable for liquidated damages pursuant to Section 1742.1 of the
line 3 Labor Code.
line 4 (V) Subclauses (III) and (IV) shall not apply if all contractors
line 5 and subcontractors performing work on the development are subject
line 6 to a project labor agreement that requires the payment of prevailing
line 7 wages to all construction workers employed in the execution of
line 8 the development and provides for enforcement of that obligation
line 9 through an arbitration procedure. For purposes of this clause,
line 10 “project labor agreement” has the same meaning as set forth in
line 11 paragraph (1) of subdivision (b) of Section 2500 of the Public
line 12 Contract Code.
line 13 (VI) Notwithstanding subdivision (c) of Section 1773.1 of the
line 14 Labor Code, the requirement that employer payments not reduce
line 15 the obligation to pay the hourly straight time or overtime wages
line 16 found to be prevailing shall not apply if otherwise provided in a
line 17 bona fide collective bargaining agreement covering the worker.
line 18 The requirement to pay at least the general prevailing rate of per
line 19 diem wages does not preclude use of an alternative workweek
line 20 schedule adopted pursuant to Section 511 or 514 of the Labor
line 21 Code.
line 22 (B) (i) For developments for which any of the following
line 23 conditions apply, certified that a skilled and trained workforce
line 24 shall be used to complete the development if the application is
line 25 approved:
line 26 (I) On and after January 1, 2018, until December 31, 2021, the
line 27 development consists of 75 or more units with a residential
line 28 component that is not 100 percent subsidized affordable housing
line 29 and will be located within a jurisdiction located in a coastal or bay
line 30 county with a population of 225,000 or more.
line 31 (II) On and after January 1, 2022, until December 31, 2025, the
line 32 development consists of 50 or more units with a residential
line 33 component that is not 100 percent subsidized affordable housing
line 34 and will be located within a jurisdiction located in a coastal or bay
line 35 county with a population of 225,000 or more.
line 36 (III) On and after January 1, 2018, until December 31, 2019,
line 37 the development consists of 75 or more units with a residential
line 38 component that is not 100 percent subsidized affordable housing
line 39 and will be located within a jurisdiction with a population of fewer
line 40 than 550,000 and that is not located in a coastal or bay county.
99
— 20 — SB 6
line 1 (IV) On and after January 1, 2020, until December 31, 2021,
line 2 the development consists of more than 50 units with a residential
line 3 component that is not 100 percent subsidized affordable housing
line 4 and will be located within a jurisdiction with a population of fewer
line 5 than 550,000 and that is not located in a coastal or bay county.
line 6 (V) On and after January 1, 2022, until December 31, 2025, the
line 7 development consists of more than 25 units with a residential
line 8 component that is not 100 percent subsidized affordable housing
line 9 and will be located within a jurisdiction with a population of fewer
line 10 than 550,000 and that is not located in a coastal or bay county.
line 11 (ii) For purposes of this section, “skilled and trained workforce”
line 12 has the same meaning as provided in Chapter 2.9 (commencing
line 13 with Section 2600) of Part 1 of Division 2 of the Public Contract
line 14 Code.
line 15 (iii) If the development proponent has certified that a skilled
line 16 and trained workforce will be used to complete the development
line 17 and the application is approved, the following shall apply:
line 18 (I) The applicant shall require in all contracts for the
line 19 performance of work that every contractor and subcontractor at
line 20 every tier will individually use a skilled and trained workforce to
line 21 complete the development.
line 22 (II) Every contractor and subcontractor shall use a skilled and
line 23 trained workforce to complete the development.
line 24 (III) Except as provided in subclause (IV), the applicant shall
line 25 provide to the locality, on a monthly basis while the development
line 26 or contract is being performed, a report demonstrating compliance
line 27 with Chapter 2.9 (commencing with Section 2600) of Part 1 of
line 28 Division 2 of the Public Contract Code. A monthly report provided
line 29 to the locality pursuant to this subclause shall be a public record
line 30 under the California Public Records Act (Chapter 3.5 (commencing
line 31 with Section 6250) of Division 7 of Title 1) and shall be open to
line 32 public inspection. An applicant that fails to provide a monthly
line 33 report demonstrating compliance with Chapter 2.9 (commencing
line 34 with Section 2600) of Part 1 of Division 2 of the Public Contract
line 35 Code shall be subject to a civil penalty of ten thousand dollars
line 36 ($10,000) per month for each month for which the report has not
line 37 been provided. Any contractor or subcontractor that fails to use a
line 38 skilled and trained workforce shall be subject to a civil penalty of
line 39 two hundred dollars ($200) per day for each worker employed in
line 40 contravention of the skilled and trained workforce requirement.
99
SB 6 — 21 —
line 1 Penalties may be assessed by the Labor Commissioner within 18
line 2 months of completion of the development using the same
line 3 procedures for issuance of civil wage and penalty assessments
line 4 pursuant to Section 1741 of the Labor Code, and may be reviewed
line 5 pursuant to the same procedures in Section 1742 of the Labor
line 6 Code. Penalties shall be paid to the State Public Works
line 7 Enforcement Fund.
line 8 (IV) Subclause (III) shall not apply if all contractors and
line 9 subcontractors performing work on the development are subject
line 10 to a project labor agreement that requires compliance with the
line 11 skilled and trained workforce requirement and provides for
line 12 enforcement of that obligation through an arbitration procedure.
line 13 For purposes of this subparagraph, “project labor agreement” has
line 14 the same meaning as set forth in paragraph (1) of subdivision (b)
line 15 of Section 2500 of the Public Contract Code.
line 16 (C) Notwithstanding subparagraphs (A) and (B), a development
line 17 that is subject to approval pursuant to this section is exempt from
line 18 any requirement to pay prevailing wages or use a skilled and
line 19 trained workforce if it meets both of the following:
line 20 (i) The project includes 10 or fewer units.
line 21 (ii) The project is not a public work for purposes of Chapter 1
line 22 (commencing with Section 1720) of Part 7 of Division 2 of the
line 23 Labor Code.
line 24 (9) The development did not or does not involve a subdivision
line 25 of a parcel that is, or, notwithstanding this section, would otherwise
line 26 be, subject to the Subdivision Map Act (Division 2 (commencing
line 27 with Section 66410)) or any other applicable law authorizing the
line 28 subdivision of land, unless the development is consistent with all
line 29 objective subdivision standards in the local subdivision ordinance,
line 30 and either of the following apply:
line 31 (A) The development has received or will receive financing or
line 32 funding by means of a low-income housing tax credit and is subject
line 33 to the requirement that prevailing wages be paid pursuant to
line 34 subparagraph (A) of paragraph (8).
line 35 (B) The development is subject to the requirement that
line 36 prevailing wages be paid, and a skilled and trained workforce used,
line 37 pursuant to paragraph (8).
line 38 (10) The development shall not be upon an existing parcel of
line 39 land or site that is governed under the Mobilehome Residency Law
line 40 (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2
99
— 22 — SB 6
line 1 of Division 2 of the Civil Code), the Recreational Vehicle Park
line 2 Occupancy Law (Chapter 2.6 (commencing with Section 799.20)
line 3 of Title 2 of Part 2 of Division 2 of the Civil Code), the
line 4 Mobilehome Parks Act (Part 2.1 (commencing with Section 18200)
line 5 of Division 13 of the Health and Safety Code), or the Special
line 6 Occupancy Parks Act (Part 2.3 (commencing with Section 18860)
line 7 of Division 13 of the Health and Safety Code).
line 8 (b) (1) (A) (i) Before submitting an application for a
line 9 development subject to the streamlined, ministerial approval
line 10 process described in subdivision (c), the development proponent
line 11 shall submit to the local government a notice of its intent to submit
line 12 an application. The notice of intent shall be in the form of a
line 13 preliminary application that includes all of the information
line 14 described in Section 65941.1, as that section read on January 1,
line 15 2020.
line 16 (ii) Upon receipt of a notice of intent to submit an application
line 17 described in clause (i), the local government shall engage in a
line 18 scoping consultation regarding the proposed development with
line 19 any California Native American tribe that is traditionally and
line 20 culturally affiliated with the geographic area, as described in
line 21 Section 21080.3.1 of the Public Resources Code, of the proposed
line 22 development. In order to expedite compliance with this subdivision,
line 23 the local government shall contact the Native American Heritage
line 24 Commission for assistance in identifying any California Native
line 25 American tribe that is traditionally and culturally affiliated with
line 26 the geographic area of the proposed development.
line 27 (iii) The timeline for noticing and commencing a scoping
line 28 consultation in accordance with this subdivision shall be as follows:
line 29 (I) The local government shall provide a formal notice of a
line 30 development proponent’s notice of intent to submit an application
line 31 described in clause (i) to each California Native American tribe
line 32 that is traditionally and culturally affiliated with the geographic
line 33 area of the proposed development within 30 days of receiving that
line 34 notice of intent. The formal notice provided pursuant to this
line 35 subclause shall include all of the following:
line 36 (ia) A description of the proposed development.
line 37 (ib) The location of the proposed development.
line 38 (ic) An invitation to engage in a scoping consultation in
line 39 accordance with this subdivision.
99
SB 6 — 23 —
line 1 (II) Each California Native American tribe that receives a formal
line 2 notice pursuant to this clause shall have 30 days from the receipt
line 3 of that notice to accept the invitation to engage in a scoping
line 4 consultation.
line 5 (III) If the local government receives a response accepting an
line 6 invitation to engage in a scoping consultation pursuant to this
line 7 subdivision, the local government shall commence the scoping
line 8 consultation within 30 days of receiving that response.
line 9 (B) The scoping consultation shall recognize that California
line 10 Native American tribes traditionally and culturally affiliated with
line 11 a geographic area have knowledge and expertise concerning the
line 12 resources at issue and shall take into account the cultural
line 13 significance of the resource to the culturally affiliated California
line 14 Native American tribe.
line 15 (C) The parties to a scoping consultation conducted pursuant
line 16 to this subdivision shall be the local government and any California
line 17 Native American tribe traditionally and culturally affiliated with
line 18 the geographic area of the proposed development. More than one
line 19 California Native American tribe traditionally and culturally
line 20 affiliated with the geographic area of the proposed development
line 21 may participate in the scoping consultation. However, the local
line 22 government, upon the request of any California Native American
line 23 tribe traditionally and culturally affiliated with the geographic area
line 24 of the proposed development, shall engage in a separate scoping
line 25 consultation with that California Native American tribe. The
line 26 development proponent and its consultants may participate in a
line 27 scoping consultation process conducted pursuant to this subdivision
line 28 if all of the following conditions are met:
line 29 (i) The development proponent and its consultants agree to
line 30 respect the principles set forth in this subdivision.
line 31 (ii) The development proponent and its consultants engage in
line 32 the scoping consultation in good faith.
line 33 (iii) The California Native American tribe participating in the
line 34 scoping consultation approves the participation of the development
line 35 proponent and its consultants. The California Native American
line 36 tribe may rescind its approval at any time during the scoping
line 37 consultation, either for the duration of the scoping consultation or
line 38 with respect to any particular meeting or discussion held as part
line 39 of the scoping consultation.
99
— 24 — SB 6
line 1 (D) The participants to a scoping consultation pursuant to this
line 2 subdivision shall comply with all of the following confidentiality
line 3 requirements:
line 4 (i) Subdivision (r) of Section 6254.
line 5 (ii) Section 6254.10.
line 6 (iii) Subdivision (c) of Section 21082.3 of the Public Resources
line 7 Code.
line 8 (iv) Subdivision (d) of Section 15120 of Title 14 of the
line 9 California Code of Regulations.
line 10 (v) Any additional confidentiality standards adopted by the
line 11 California Native American tribe participating in the scoping
line 12 consultation.
line 13 (E) The California Environmental Quality Act (Division 13
line 14 (commencing with Section 21000) of the Public Resources Code)
line 15 shall not apply to a scoping consultation conducted pursuant to
line 16 this subdivision.
line 17 (2) (A) If, after concluding the scoping consultation, the parties
line 18 find that no potential tribal cultural resource would be affected by
line 19 the proposed development, the development proponent may submit
line 20 an application for the proposed development that is subject to the
line 21 streamlined, ministerial approval process described in subdivision
line 22 (c).
line 23 (B) If, after concluding the scoping consultation, the parties
line 24 find that a potential tribal cultural resource could be affected by
line 25 the proposed development and an enforceable agreement is
line 26 documented between the California Native American tribe and the
line 27 local government on methods, measures, and conditions for tribal
line 28 cultural resource treatment, the development proponent may submit
line 29 the application for a development subject to the streamlined,
line 30 ministerial approval process described in subdivision (c). The local
line 31 government shall ensure that the enforceable agreement is included
line 32 in the requirements and conditions for the proposed development.
line 33 (C) If, after concluding the scoping consultation, the parties
line 34 find that a potential tribal cultural resource could be affected by
line 35 the proposed development and an enforceable agreement is not
line 36 documented between the California Native American tribe and the
line 37 local government regarding methods, measures, and conditions
line 38 for tribal cultural resource treatment, the development shall not
line 39 be eligible for the streamlined, ministerial approval process
line 40 described in subdivision (c).
99
SB 6 — 25 —
line 1 (D) For purposes of this paragraph, a scoping consultation shall
line 2 be deemed to be concluded if either of the following occur:
line 3 (i) The parties to the scoping consultation document an
line 4 enforceable agreement concerning methods, measures, and
line 5 conditions to avoid or address potential impacts to tribal cultural
line 6 resources that are or may be present.
line 7 (ii) One or more parties to the scoping consultation, acting in
line 8 good faith and after reasonable effort, conclude that a mutual
line 9 agreement on methods, measures, and conditions to avoid or
line 10 address impacts to tribal cultural resources that are or may be
line 11 present cannot be reached.
line 12 (E) If the development or environmental setting substantially
line 13 changes after the completion of the scoping consultation, the local
line 14 government shall notify the California Native American tribe of
line 15 the changes and engage in a subsequent scoping consultation if
line 16 requested by the California Native American tribe.
line 17 (3) A local government may only accept an application for
line 18 streamlined, ministerial approval pursuant to this section if one of
line 19 the following applies:
line 20 (A) A California Native American tribe that received a formal
line 21 notice of the development proponent’s notice of intent to submit
line 22 an application pursuant to subclause (I) of clause (iii) of
line 23 subparagraph (A) of paragraph (1) did not accept the invitation to
line 24 engage in a scoping consultation.
line 25 (B) The California Native American tribe accepted an invitation
line 26 to engage in a scoping consultation pursuant to subclause (II) of
line 27 clause (iii) of subparagraph (A) of paragraph (1) but substantially
line 28 failed to engage in the scoping consultation after repeated
line 29 documented attempts by the local government to engage the
line 30 California Native American tribe.
line 31 (C) The parties to a scoping consultation pursuant to this
line 32 subdivision find that no potential tribal cultural resource will be
line 33 affected by the proposed development pursuant to subparagraph
line 34 (A) of paragraph (2).
line 35 (D) A scoping consultation between a California Native
line 36 American tribe and the local government has occurred in
line 37 accordance with this subdivision and resulted in agreement
line 38 pursuant to subparagraph (B) of paragraph (2).
line 39 (4) A project shall not be eligible for the streamlined, ministerial
line 40 process described in subdivision (c) if any of the following apply:
99
— 26 — SB 6
line 1 (A) There is a tribal cultural resource that is on a national, state,
line 2 tribal, or local historic register list located on the site of the project.
line 3 (B) There is a potential tribal cultural resource that could be
line 4 affected by the proposed development and the parties to a scoping
line 5 consultation conducted pursuant to this subdivision do not
line 6 document an enforceable agreement on methods, measures, and
line 7 conditions for tribal cultural resource treatment, as described in
line 8 subparagraph (C) of paragraph (2).
line 9 (C) The parties to a scoping consultation conducted pursuant
line 10 to this subdivision do not agree as to whether a potential tribal
line 11 cultural resource will be affected by the proposed development.
line 12 (5) (A) If, after a scoping consultation conducted pursuant to
line 13 this subdivision, a project is not eligible for the streamlined,
line 14 ministerial process described in subdivision (c) for any or all of
line 15 the following reasons, the local government shall provide written
line 16 documentation of that fact, and an explanation of the reason for
line 17 which the project is not eligible, to the development proponent
line 18 and to any California Native American tribe that is a party to that
line 19 scoping consultation:
line 20 (i) There is a tribal cultural resource that is on a national, state,
line 21 tribal, or local historic register list located on the site of the project,
line 22 as described in subparagraph (A) of paragraph (4).
line 23 (ii) The parties to the scoping consultation have not documented
line 24 an enforceable agreement on methods, measures, and conditions
line 25 for tribal cultural resource treatment, as described in subparagraph
line 26 (C) of paragraph (2) and subparagraph (B) of paragraph (4).
line 27 (iii) The parties to the scoping consultation do not agree as to
line 28 whether a potential tribal cultural resource will be affected by the
line 29 proposed development, as described in subparagraph (C) of
line 30 paragraph (4).
line 31 (B) The written documentation provided to a development
line 32 proponent pursuant to this paragraph shall include information on
line 33 how the development proponent may seek a conditional use permit
line 34 or other discretionary approval of the development from the local
line 35 government.
line 36 (6) This section is not intended, and shall not be construed, to
line 37 limit consultation and discussion between a local government and
line 38 a California Native American tribe pursuant to other applicable
line 39 law, confidentiality provisions under other applicable law, the
line 40 protection of religious exercise to the fullest extent permitted under
99
SB 6 — 27 —
line 1 state and federal law, or the ability of a California Native American
line 2 tribe to submit information to the local government or participate
line 3 in any process of the local government.
line 4 (7) For purposes of this subdivision:
line 5 (A) “Consultation” means the meaningful and timely process
line 6 of seeking, discussing, and considering carefully the views of
line 7 others, in a manner that is cognizant of all parties’ cultural values
line 8 and, where feasible, seeking agreement. Consultation between
line 9 local governments and Native American tribes shall be conducted
line 10 in a way that is mutually respectful of each party’s sovereignty.
line 11 Consultation shall also recognize the tribes’ potential needs for
line 12 confidentiality with respect to places that have traditional tribal
line 13 cultural importance. A lead agency shall consult the tribal
line 14 consultation best practices described in the “State of California
line 15 Tribal Consultation Guidelines: Supplement to the General Plan
line 16 Guidelines” prepared by the Office of Planning and Research.
line 17 (B) “Scoping” means the act of participating in early discussions
line 18 or investigations between the local government and California
line 19 Native American tribe, and the development proponent if
line 20 authorized by the California Native American tribe, regarding the
line 21 potential effects a proposed development could have on a potential
line 22 tribal cultural resource, as defined in Section 21074 of the Public
line 23 Resources Code, or California Native American tribe, as defined
line 24 in Section 21073 of the Public Resources Code.
line 25 (8) This subdivision shall not apply to any project that has been
line 26 approved under the streamlined, ministerial approval process
line 27 provided under this section before the effective date of the act
line 28 adding this subdivision.
line 29 (c) (1) If a local government determines that a development
line 30 submitted pursuant to this section is in conflict with any of the
line 31 objective planning standards specified in subdivision (a), it shall
line 32 provide the development proponent written documentation of
line 33 which standard or standards the development conflicts with, and
line 34 an explanation for the reason or reasons the development conflicts
line 35 with that standard or standards, as follows:
line 36 (A) Within 60 days of submittal of the development to the local
line 37 government pursuant to this section if the development contains
line 38 150 or fewer housing units.
99
— 28 — SB 6
line 1 (B) Within 90 days of submittal of the development to the local
line 2 government pursuant to this section if the development contains
line 3 more than 150 housing units.
line 4 (2) If the local government fails to provide the required
line 5 documentation pursuant to paragraph (1), the development shall
line 6 be deemed to satisfy the objective planning standards specified in
line 7 subdivision (a).
line 8 (3) For purposes of this section, a development is consistent
line 9 with the objective planning standards specified in subdivision (a)
line 10 if there is substantial evidence that would allow a reasonable person
line 11 to conclude that the development is consistent with the objective
line 12 planning standards.
line 13 (d) (1) Any design review or public oversight of the
line 14 development may be conducted by the local government’s planning
line 15 commission or any equivalent board or commission responsible
line 16 for review and approval of development projects, or the city council
line 17 or board of supervisors, as appropriate. That design review or
line 18 public oversight shall be objective and be strictly focused on
line 19 assessing compliance with criteria required for streamlined projects,
line 20 as well as any reasonable objective design standards published
line 21 and adopted by ordinance or resolution by a local jurisdiction
line 22 before submission of a development application, and shall be
line 23 broadly applicable to development within the jurisdiction. That
line 24 design review or public oversight shall be completed as follows
line 25 and shall not in any way inhibit, chill, or preclude the ministerial
line 26 approval provided by this section or its effect, as applicable:
line 27 (A) Within 90 days of submittal of the development to the local
line 28 government pursuant to this section if the development contains
line 29 150 or fewer housing units.
line 30 (B) Within 180 days of submittal of the development to the
line 31 local government pursuant to this section if the development
line 32 contains more than 150 housing units.
line 33 (2) If the development is consistent with the requirements of
line 34 subparagraph (A) or (B) of paragraph (9) of subdivision (a) and
line 35 is consistent with all objective subdivision standards in the local
line 36 subdivision ordinance, an application for a subdivision pursuant
line 37 to the Subdivision Map Act (Division 2 (commencing with Section
line 38 66410)) shall be exempt from the requirements of the California
line 39 Environmental Quality Act (Division 13 (commencing with Section
99
SB 6 — 29 —
line 1 21000) of the Public Resources Code) and shall be subject to the
line 2 public oversight timelines set forth in paragraph (1).
line 3 (e) (1) Notwithstanding any other law, a local government,
line 4 whether or not it has adopted an ordinance governing automobile
line 5 parking requirements in multifamily developments, shall not
line 6 impose automobile parking standards for a streamlined
line 7 development that was approved pursuant to this section in any of
line 8 the following instances:
line 9 (A) The development is located within one-half mile of public
line 10 transit.
line 11 (B) The development is located within an architecturally and
line 12 historically significant historic district.
line 13 (C) When on-street parking permits are required but not offered
line 14 to the occupants of the development.
line 15 (D) When there is a car share vehicle located within one block
line 16 of the development.
line 17 (2) If the development does not fall within any of the categories
line 18 described in paragraph (1), the local government shall not impose
line 19 automobile parking requirements for streamlined developments
line 20 approved pursuant to this section that exceed one parking space
line 21 per unit.
line 22 (f) (1) If a local government approves a development pursuant
line 23 to this section, then, notwithstanding any other law, that approval
line 24 shall not expire if the project includes public investment in housing
line 25 affordability, beyond tax credits, where 50 percent of the units are
line 26 affordable to households making at or below 80 percent of the area
line 27 median income.
line 28 (2) (A) If a local government approves a development pursuant
line 29 to this section and the project does not include 50 percent of the
line 30 units affordable to households making at or below 80 percent of
line 31 the area median income, that approval shall remain valid for three
line 32 years from the date of the final action establishing that approval,
line 33 or if litigation is filed challenging that approval, from the date of
line 34 the final judgment upholding that approval. Approval shall remain
line 35 valid for a project provided that vertical construction of the
line 36 development has begun and is in progress. For purposes of this
line 37 subdivision, “in progress” means one of the following:
line 38 (i) The construction has begun and has not ceased for more than
line 39 180 days.
99
— 30 — SB 6
line 1 (ii) If the development requires multiple building permits, an
line 2 initial phase has been completed, and the project proponent has
line 3 applied for and is diligently pursuing a building permit for a
line 4 subsequent phase, provided that once it has been issued, the
line 5 building permit for the subsequent phase does not lapse.
line 6 (B) Notwithstanding subparagraph (A), a local government may
line 7 grant a project a one-time, one-year extension if the project
line 8 proponent can provide documentation that there has been
line 9 significant progress toward getting the development construction
line 10 ready, such as filing a building permit application.
line 11 (3) If a local government approves a development pursuant to
line 12 this section, that approval shall remain valid for three years from
line 13 the date of the final action establishing that approval and shall
line 14 remain valid thereafter for a project so long as vertical construction
line 15 of the development has begun and is in progress. Additionally, the
line 16 development proponent may request, and the local government
line 17 shall have discretion to grant, an additional one-year extension to
line 18 the original three-year period. The local government’s action and
line 19 discretion in determining whether to grant the foregoing extension
line 20 shall be limited to considerations and processes set forth in this
line 21 section.
line 22 (g) (1) (A) A development proponent may request a
line 23 modification to a development that has been approved under the
line 24 streamlined, ministerial approval process provided in subdivision
line 25 (b) if that request is submitted to the local government before the
line 26 issuance of the final building permit required for construction of
line 27 the development.
line 28 (B) Except as provided in paragraph (3), the local government
line 29 shall approve a modification if it determines that the modification
line 30 is consistent with the objective planning standards specified in
line 31 subdivision (a) that were in effect when the original development
line 32 application was first submitted.
line 33 (C) The local government shall evaluate any modifications
line 34 requested pursuant to this subdivision for consistency with the
line 35 objective planning standards using the same assumptions and
line 36 analytical methodology that the local government originally used
line 37 to assess consistency for the development that was approved for
line 38 streamlined, ministerial approval pursuant to subdivision (b).
line 39 (D) A guideline that was adopted or amended by the department
line 40 pursuant to subdivision (j) after a development was approved
99
SB 6 — 31 —
line 1 through the streamlined ministerial approval process described in
line 2 subdivision (b) shall not be used as a basis to deny proposed
line 3 modifications.
line 4 (2) Upon receipt of the developmental proponent’s application
line 5 requesting a modification, the local government shall determine
line 6 if the requested modification is consistent with the objective
line 7 planning standard and either approve or deny the modification
line 8 request within 60 days after submission of the modification, or
line 9 within 90 days if design review is required.
line 10 (3) Notwithstanding paragraph (1), the local government may
line 11 apply objective planning standards adopted after the development
line 12 application was first submitted to the requested modification in
line 13 any of the following instances:
line 14 (A) The development is revised such that the total number of
line 15 residential units or total square footage of construction changes
line 16 by 15 percent or more.
line 17 (B) The development is revised such that the total number of
line 18 residential units or total square footage of construction changes
line 19 by 5 percent or more and it is necessary to subject the development
line 20 to an objective standard beyond those in effect when the
line 21 development application was submitted in order to mitigate or
line 22 avoid a specific, adverse impact, as that term is defined in
line 23 subparagraph (A) of paragraph (1) of subdivision (j) of Section
line 24 65589.5, upon the public health or safety and there is no feasible
line 25 alternative method to satisfactorily mitigate or avoid the adverse
line 26 impact.
line 27 (C) Objective building standards contained in the California
line 28 Building Standards Code (Title 24 of the California Code of
line 29 Regulations), including, but not limited to, building plumbing,
line 30 electrical, fire, and grading codes, may be applied to all
line 31 modifications.
line 32 (4) The local government’s review of a modification request
line 33 pursuant to this subdivision shall be strictly limited to determining
line 34 whether the modification, including any modification to previously
line 35 approved density bonus concessions or waivers, modify the
line 36 development’s consistency with the objective planning standards
line 37 and shall not reconsider prior determinations that are not affected
line 38 by the modification.
line 39 (h) (1) A local government shall not adopt or impose any
line 40 requirement, including, but not limited to, increased fees or
99
— 32 — SB 6
line 1 inclusionary housing requirements, that applies to a project solely
line 2 or partially on the basis that the project is eligible to receive
line 3 ministerial or streamlined approval pursuant to this section.
line 4 (2) A local government shall issue a subsequent permit required
line 5 for a development approved under this section if the application
line 6 substantially complies with the development as it was approved
line 7 pursuant to subdivision (c). Upon receipt of an application for a
line 8 subsequent permit, the local government shall process the permit
line 9 without unreasonable delay and shall not impose any procedure
line 10 or requirement that is not imposed on projects that are not approved
line 11 pursuant to this section. Issuance of subsequent permits shall
line 12 implement the approved development, and review of the permit
line 13 application shall not inhibit, chill, or preclude the development.
line 14 For purposes of this paragraph, a “subsequent permit” means a
line 15 permit required subsequent to receiving approval under subdivision
line 16 (c), and includes, but is not limited to, demolition, grading,
line 17 encroachment, and building permits and final maps, if necessary.
line 18 (3) (A) If a public improvement is necessary to implement a
line 19 development that is subject to the streamlined, ministerial approval
line 20 pursuant to this section, including, but not limited to, a bicycle
line 21 lane, sidewalk or walkway, public transit stop, driveway, street
line 22 paving or overlay, a curb or gutter, a modified intersection, a street
line 23 sign or street light, landscape or hardscape, an above-ground or
line 24 underground utility connection, a water line, fire hydrant, storm
line 25 or sanitary sewer connection, retaining wall, and any related work,
line 26 and that public improvement is located on land owned by the local
line 27 government, to the extent that the public improvement requires
line 28 approval from the local government, the local government shall
line 29 not exercise its discretion over any approval relating to the public
line 30 improvement in a manner that would inhibit, chill, or preclude the
line 31 development.
line 32 (B) If an application for a public improvement described in
line 33 subparagraph (A) is submitted to a local government, the local
line 34 government shall do all of the following:
line 35 (i) Consider the application based upon any objective standards
line 36 specified in any state or local laws that were in effect when the
line 37 original development application was submitted.
line 38 (ii) Conduct its review and approval in the same manner as it
line 39 would evaluate the public improvement if required by a project
99
SB 6 — 33 —
line 1 that is not eligible to receive ministerial or streamlined approval
line 2 pursuant to this section.
line 3 (C) If an application for a public improvement described in
line 4 subparagraph (A) is submitted to a local government, the local
line 5 government shall not do either of the following:
line 6 (i) Adopt or impose any requirement that applies to a project
line 7 solely or partially on the basis that the project is eligible to receive
line 8 ministerial or streamlined approval pursuant to this section.
line 9 (ii) Unreasonably delay in its consideration, review, or approval
line 10 of the application.
line 11 (i) (1) This section shall not affect a development proponent’s
line 12 ability to use any alternative streamlined by right permit processing
line 13 adopted by a local government, including the provisions of
line 14 subdivision (i) of Section 65583.2.
line 15 (2) This section shall not prevent a development from also
line 16 qualifying as a housing development project entitled to the
line 17 protections of Section 65589.5. This paragraph does not constitute
line 18 a change in, but is declaratory of, existing law.
line 19 (j) The California Environmental Quality Act (Division 13
line 20 (commencing with Section 21000) of the Public Resources Code)
line 21 does not apply to actions taken by a state agency, local government,
line 22 or the San Francisco Bay Area Rapid Transit District to:
line 23 (1) Lease, convey, or encumber land owned by the local
line 24 government or the San Francisco Bay Area Rapid Transit District
line 25 or to facilitate the lease, conveyance, or encumbrance of land
line 26 owned by the local government, or for the lease of land owned by
line 27 the San Francisco Bay Area Rapid Transit District in association
line 28 with an eligible TOD project, as defined pursuant to Section
line 29 29010.1 of the Public Utilities Code, nor to any decisions
line 30 associated with that lease, or to provide financial assistance to a
line 31 development that receives streamlined approval pursuant to this
line 32 section that is to be used for housing for persons and families of
line 33 very low, low, or moderate income, as defined in Section 50093
line 34 of the Health and Safety Code.
line 35 (2) Approve improvements located on land owned by the local
line 36 government or the San Francisco Bay Area Rapid Transit District
line 37 that are necessary to implement a development that receives
line 38 streamlined approval pursuant to this section that is to be used for
line 39 housing for persons and families of very low, low, or moderate
line 40 income, as defined in Section 50093 of the Health and Safety Code.
99
— 34 — SB 6
line 1 (k) For purposes of this section, the following terms have the
line 2 following meanings:
line 3 (1) “Affordable housing cost” has the same meaning as set forth
line 4 in Section 50052.5 of the Health and Safety Code.
line 5 (2) “Affordable rent” has the same meaning as set forth in
line 6 Section 50053 of the Health and Safety Code.
line 7 (3) “Department” means the Department of Housing and
line 8 Community Development.
line 9 (4) “Development proponent” means the developer who submits
line 10 an application for streamlined approval pursuant to this section.
line 11 (5) “Completed entitlements” means a housing development
line 12 that has received all the required land use approvals or entitlements
line 13 necessary for the issuance of a building permit.
line 14 (6) “Locality” or “local government” means a city, including a
line 15 charter city, a county, including a charter county, or a city and
line 16 county, including a charter city and county.
line 17 (7) “Moderate income housing units” means housing units with
line 18 an affordable housing cost or affordable rent for persons and
line 19 families of moderate income, as that term is defined in Section
line 20 50093 of the Health and Safety Code.
line 21 (8) “Production report” means the information reported pursuant
line 22 to subparagraph (H) of paragraph (2) of subdivision (a) of Section
line 23 65400.
line 24 (9) “State agency” includes every state office, officer,
line 25 department, division, bureau, board, and commission, but does not
line 26 include the California State University or the University of
line 27 California.
line 28 (10) “Subsidized” means units that are price or rent restricted
line 29 such that the units are affordable to households meeting the
line 30 definitions of very low and lower income, as defined in Sections
line 31 50079.5 and 50105 of the Health and Safety Code.
line 32 (11) “Reporting period” means either of the following:
line 33 (A) The first half of the regional housing needs assessment
line 34 cycle.
line 35 (B) The last half of the regional housing needs assessment cycle.
line 36 (12) “Urban uses” means any current or former residential,
line 37 commercial, public institutional, transit or transportation passenger
line 38 facility, or retail use, or any combination of those uses.
line 39 (l) The department may review, adopt, amend, and repeal
line 40 guidelines to implement uniform standards or criteria that
99
SB 6 — 35 —
line 1 supplement or clarify the terms, references, or standards set forth
line 2 in this section. Any guidelines or terms adopted pursuant to this
line 3 subdivision shall not be subject to Chapter 3.5 (commencing with
line 4 Section 11340) of Part 1 of Division 3 of Title 2 of the Government
line 5 Code.
line 6 (m) The determination of whether an application for a
line 7 development is subject to the streamlined ministerial approval
line 8 process provided by subdivision (c) is not a “project” as defined
line 9 in Section 21065 of the Public Resources Code.
line 10 (n) It is the policy of the state that this section be interpreted
line 11 and implemented in a manner to afford the fullest possible weight
line 12 to the interest of, and the approval and provision of, increased
line 13 housing supply.
line 14 (o) This section shall remain in effect only until January 1, 2026,
line 15 and as of that date is repealed.
line 16 SEC. 3. No reimbursement is required by this act pursuant to
line 17 Section 6 of Article XIIIB of the California Constitution because
line 18 a local agency or school district has the authority to levy service
line 19 charges, fees, or assessments sufficient to pay for the program or
line 20 level of service mandated by this act or because costs that may be
line 21 incurred by a local agency or school district will be incurred
line 22 because this act creates a new crime or infraction, eliminates a
line 23 crime or infraction, or changes the penalty for a crime or infraction,
line 24 within the meaning of Section 17556 of the Government Code, or
line 25 changes the definition of a crime within the meaning of Section 6
line 26 of Article XIIIB of the California Constitution.
line 27
line 28
CORRECTIONS: line 29
Heading—Line 4. line 30
line 31
O
99
— 36 — SB 6
SENATE BILL No. 7
Introduced by Senator Atkins
(Coauthors: Senators Gonzalez and Rubio)
December 7, 2020
An act to add Section 21157.8 to, and to add and repeal Chapter 6.5
(commencing with Section 21178) of Division 13 of, the Public
Resources Code, relating to environmental quality, and declaring the
urgency thereof, to take effect immediately.
legislative counsel’s digest
SB 7, as introduced, Atkins. Environmental quality: Jobs and
Economic Improvement Through Environmental Leadership Act of
2021.
(1) 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 (EIR) on a project
that the lead agency 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 authorizes the preparation of a master EIR and
authorizes the use of the master EIR to limit the environmental review
of subsequent projects that are described in the master EIR, as specified.
This bill would require a lead agency to prepare a master EIR for a
general plan, plan amendment, plan element, or specific plan for housing
projects where the state has provided funding for the preparation of the
master EIR. The bill would allow for limited review of proposed
99
subsequent housing projects that are described in the master EIR if the
use of the master EIR is consistent with specified provisions of CEQA.
(2) The Jobs and Economic Improvement Through Environmental
Leadership Act of 2011 (leadership act), which repeals on January 1,
2021, authorizes the Governor, until January 1, 2020, to certify projects
that meet certain requirements, including specified labor-related
requirements and a requirement that the project applicant agrees to pay
the costs of the court of appeal in hearing and deciding a case
challenging a lead agency’s action on a certified project, for streamlining
benefits provided by the leadership act related to CEQA. The leadership
act also requires resolution, to the extent feasible, of judicial review of
action taken by a lead agency within 270 days of the filing of the
certified record of proceedings with the court. The leadership act
provides that if a lead agency fails to approve a project certified by the
Governor before January 1, 2021, the certification expires and is no
longer valid. The leadership act requires a lead agency to prepare the
record of proceedings for the certified project concurrent with the
preparation of the EIR.
This bill would reenact the leadership act, with certain changes, and
would authorize the Governor, until January 1, 2024, to certify projects
that meet specified requirements for streamlining benefits related to
CEQA. The bill would additionally include housing development
projects, as defined, meeting certain conditions as projects eligible for
certification. The bill would, except for those housing development
projects, require the quantification and mitigation of the impacts of a
project from the emissions of greenhouse gases, as provided. The bill
would revise and recast the labor-related requirements for projects
undertaken by both public agencies and private entities. The bill would
provide that the Governor is authorized to certify a project before the
lead agency certifies the final EIR for the project. The bill also would
provide for the certification by the Governor of a project alternative
described in an EIR for a certified project, as provided. The bill would
additionally require an applicant for certification of a project for which
the environmental review has begun to demonstrate that the record of
proceedings for the project is being prepared concurrently with the
administrative process. The bill would require the project applicant, as
a condition of certification, to agree to pay the costs of the trial court
in hearing and deciding a case challenging a lead agency’s action on a
certified project. The bill would authorize the Office of Planning and
Research to charge a fee to an applicant seeking certification for costs
99
— 2 — SB 7
incurred by the Governor’s office in the implementation of the reenacted
leadership act. The bill would require resolution, to the extent feasible,
of judicial review of action taken by a lead agency within 270 business
days after the filing of the record of proceedings with the court. The
bill would provide that if a lead agency fails to approve a project
certified by the Governor under the reenacted leadership act before
January 1, 2025, the certification is no longer valid. The bill would
repeal the reenacted leadership act on January 1, 2025. Because the bill
would require the lead agency to prepare concurrently the record of
proceedings for projects that are certified by the Governor, this bill
would impose a state-mandated local program.
This bill would further provide that projects certified by the Governor
under the former leadership act that are approved by a lead agency on
or before January 1, 2022, are entitled to the benefits of and are required
to comply with the requirements set forth in the former leadership act
as it read on January 1, 2020.
(3) The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act
for a specified reason.
(4) This bill would declare that it is to take effect immediately as an
urgency statute.
Vote: 2⁄3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 21157.8 is added to the Public Resources
line 2 Code, to read:
line 3 21157.8. (a) To streamline and expedite environmental review
line 4 for housing projects, a lead agency shall prepare a master
line 5 environmental impact report for a general plan, plan amendment,
line 6 plan element, or specific plan for housing projects where the state
line 7 has provided funding for the preparation of the master
line 8 environmental impact report.
line 9 (b) The preparation and certification of a master environmental
line 10 impact report, if prepared and certified consistent with this division,
line 11 shall allow for the limited review of proposed subsequent housing
line 12 projects that are described in the master environmental impact
99
SB 7 — 3 —
line 1 report as being within the scope of the master environmental impact
line 2 report, if the use of the master environmental impact report for
line 3 proposed subsequent housing projects is consistent with Sections
line 4 21157.1 and 21157.6.
line 5 (c) A negative declaration or mitigated negative declaration
line 6 shall be prepared for a proposed subsequent housing project if both
line 7 of the following occur:
line 8 (1) An initial study has identified potentially new or additional
line 9 significant effects on the environment that were not analyzed in
line 10 the master environmental impact report.
line 11 (2) Feasible mitigation measures or alternatives will be
line 12 incorporated to revise the proposed subsequent housing project,
line 13 before the negative declaration is released for public review, to
line 14 avoid the effects or mitigate the effects to a point where clearly
line 15 no significant effect on the environment will occur.
line 16 (d) If there is substantial evidence in light of the whole record
line 17 before the lead agency that a proposed subsequent housing project
line 18 may have a significant effect on the environment and a mitigated
line 19 negative declaration is not prepared, the lead agency shall prepare
line 20 a focused environmental impact report pursuant to Section 21158.
line 21 SEC. 2. Chapter 6.5 (commencing with Section 21178) is added
line 22 to Division 13 of the Public Resources Code, to read:
line 23
line 24 Chapter 6.5. Jobs and Economic Improvement Through
line 25 Environmental Leadership Act of 2021
line 26
line 27 21178. The Legislature finds and declares all of the following:
line 28 (a) The California Environmental Quality Act (Division 13
line 29 (commencing with Section 21000)) requires that the environmental
line 30 impacts of development projects be identified and mitigated.
line 31 (b) The California Environmental Quality Act also guarantees
line 32 the public an opportunity to review and comment on the
line 33 environmental impacts of a project and to participate meaningfully
line 34 in the development of mitigation measures for potentially
line 35 significant environmental impacts.
line 36 (c) There are large projects under consideration in various
line 37 regions of the state that would replace old and outmoded facilities
line 38 with new job-creating facilities to meet those regions’ needs while
line 39 also establishing new, cutting-edge environmental benefits in those
line 40 regions.
99
— 4 — SB 7
line 1 (d) These projects are privately financed or financed from
line 2 revenues generated from the projects themselves and do not require
line 3 taxpayer financing.
line 4 (e) These projects further will generate thousands of full-time
line 5 jobs during construction and thousands of additional, permanent
line 6 jobs once the projects are constructed and operating.
line 7 (f) These projects also present an unprecedented opportunity to
line 8 implement nation-leading innovative measures that will
line 9 significantly reduce traffic, air quality, and other significant
line 10 environmental impacts, and fully mitigate the greenhouse gas
line 11 emissions resulting from passenger vehicle trips attributed to the
line 12 projects.
line 13 (g) These pollution reductions will be the best in the nation
line 14 compared to other comparable projects in the United States.
line 15 (h) The purpose of this chapter is to provide, for a limited time,
line 16 unique and unprecedented streamlining benefits under the
line 17 California Environmental Quality Act for projects that provide the
line 18 benefits described above to put people to work as soon as possible.
line 19 21180. For purposes of this chapter, the following definitions
line 20 apply:
line 21 (a) “Applicant” means a public or private entity or its affiliates,
line 22 or a person or entity that undertakes a public works project, that
line 23 proposes a project and its successors, heirs, and assignees.
line 24 (b) “Environmental leadership development project,” “leadership
line 25 project,” or “project” means a project as described in Section 21065
line 26 that is one of the following:
line 27 (1) A residential, retail, commercial, sports, cultural,
line 28 entertainment, or recreational use project that is certified as
line 29 Leadership in Energy and Environmental Design (LEED) gold or
line 30 better by the United States Green Building Council and, where
line 31 applicable, that achieves a 15-percent greater standard for
line 32 transportation efficiency than for comparable projects. These
line 33 projects must be located on an infill site. For a project that is within
line 34 a metropolitan planning organization for which a sustainable
line 35 communities strategy or alternative planning strategy is in effect,
line 36 the infill project shall be consistent with the general use
line 37 designation, density, building intensity, and applicable policies
line 38 specified for the project area in either a sustainable communities
line 39 strategy or an alternative planning strategy, for which the State
line 40 Air Resources Board has accepted a metropolitan planning
99
SB 7 — 5 —
line 1 organization’s determination, under subparagraph (H) of paragraph
line 2 (2) of subdivision (b) of Section 65080 of the Government Code,
line 3 that the sustainable communities strategy or the alternative planning
line 4 strategy would, if implemented, achieve the greenhouse gas
line 5 emission reduction targets.
line 6 (2) A clean renewable energy project that generates electricity
line 7 exclusively through wind or solar, but not including waste
line 8 incineration or conversion.
line 9 (3) A clean energy manufacturing project that manufactures
line 10 products, equipment, or components used for renewable energy
line 11 generation, energy efficiency, or for the production of clean
line 12 alternative fuel vehicles.
line 13 (4) (A) A housing development project that meets all of the
line 14 following conditions:
line 15 (i) The housing development project is located on an infill site.
line 16 (ii) For a housing development project that is located within a
line 17 metropolitan planning organization for which a sustainable
line 18 communities strategy or alternative planning strategy is in effect,
line 19 the project is consistent with the general use designation, density,
line 20 building intensity, and applicable policies specified for the project
line 21 area in either a sustainable communities strategy or an alternative
line 22 planning strategy, for which the State Air Resources Board has
line 23 accepted a metropolitan planning organization’s determination,
line 24 under subparagraph (H) of paragraph (2) of subdivision (b) of
line 25 Section 65080 of the Government Code, that the sustainable
line 26 communities strategy or the alternative planning strategy would,
line 27 if implemented, achieve the greenhouse gas emission reduction
line 28 targets.
line 29 (iii) Notwithstanding paragraph (1) of subdivision (a) of Section
line 30 21183, the housing development project will result in a minimum
line 31 investment of fifteen million dollars ($15,000,000), but less than
line 32 one hundred million dollars ($100,000,000), in California upon
line 33 completion of construction.
line 34 (iv) (I) Except as provided in subclause (II), at least 15 percent
line 35 of the housing development project is dedicated as housing that is
line 36 affordable to lower income households, as defined in Section
line 37 50079.5 of the Health and Safety Code. Upon completion of a
line 38 housing development project that is qualified under this paragraph
line 39 and is certified by the Governor, the lead agency or applicant of
line 40 the project shall notify the Office of Planning and Research of the
99
— 6 — SB 7
line 1 number of housing units and affordable housing units established
line 2 by the project.
line 3 (II) Notwithstanding subclause (I), if a local agency has adopted
line 4 an inclusionary zoning ordinance that establishes a minimum
line 5 percentage for affordable housing within the jurisdiction in which
line 6 the housing development project is located that is higher than 15
line 7 percent, the percentage specified in the inclusionary zoning
line 8 ordinance shall be the threshold for affordable housing.
line 9 (v) (I) Except for use as a residential hotel, as defined in Section
line 10 50519 of the Health and Safety Code, no part of the housing
line 11 development project shall be used for a rental unit for a term shorter
line 12 than 30 days, or designated for hotel, motel, bed and breakfast inn,
line 13 or other transient lodging use.
line 14 (II) No part of the housing development project shall be used
line 15 for manufacturing or industrial uses.
line 16 (B) For purposes of this paragraph, “housing development
line 17 project” means a project for any of the following:
line 18 (i) Residential units only.
line 19 (ii) Mixed-use developments consisting of residential and
line 20 nonresidential uses with at least two-thirds of the square footage
line 21 designated for residential use.
line 22 (iii) Transitional housing or supportive housing.
line 23 (c) “Infill site” has the same meaning as set forth in Section
line 24 21061.3.
line 25 (d) “Transportation efficiency” means the number of vehicle
line 26 trips by employees, visitors, or customers of the residential, retail,
line 27 commercial, sports, cultural, entertainment, or recreational use
line 28 project divided by the total number of employees, visitors, and
line 29 customers.
line 30 21181. This chapter does not apply to a project if the Governor
line 31 does not certify the project as an environmental leadership
line 32 development project eligible for streamlining under this chapter
line 33 before January 1, 2024.
line 34 21182. A person proposing to construct a leadership project
line 35 may apply to the Governor for certification that the leadership
line 36 project is eligible for streamlining as provided by this chapter. The
line 37 person shall supply evidence and materials that the Governor deems
line 38 necessary to make a decision on the application. Any evidence or
line 39 materials shall be made available to the public at least 15 days
line 40 before the Governor certifies a project under this chapter.
99
SB 7 — 7 —
line 1 21183. The Governor may certify a leadership project for
line 2 streamlining before a lead agency certifies a final environmental
line 3 impact report for a project under this chapter if all the following
line 4 conditions are met:
line 5 (a) (1) Except as provided in paragraph (2), the project will
line 6 result in a minimum investment of one hundred million dollars
line 7 ($100,000,000) in California upon completion of construction.
line 8 (2) Paragraph (1) does not apply to a leadership project described
line 9 in paragraph (4) of subdivision (b) of Section 21180.
line 10 (b) The project creates high-wage, highly skilled jobs that pay
line 11 prevailing wages and living wages, provides construction jobs and
line 12 permanent jobs for Californians, helps reduce unemployment, and
line 13 promotes apprenticeship training. For purposes of this subdivision,
line 14 a project is deemed to create jobs that pay prevailing wages, create
line 15 highly skilled jobs, and promote apprenticeship training if the
line 16 applicant demonstrates to the satisfaction of the Governor that the
line 17 project will comply with Section 21183.5.
line 18 (c) (1) For a project described in paragraph (1), (2), or (3) of
line 19 subdivision (b) of Section 21180, the project does not result in any
line 20 net additional emission of greenhouse gases, including greenhouse
line 21 gas emissions from employee transportation. For purposes of this
line 22 paragraph, a project is deemed to meet the requirements of this
line 23 paragraph if the applicant demonstrates to the satisfaction of the
line 24 Governor that the project will comply with Section 21183.6.
line 25 (2) For a project described in paragraph (4) of subdivision (b)
line 26 of Section 21180, the project does not result in any net additional
line 27 emission of greenhouse gases, including greenhouse gas emissions
line 28 from employee transportation.
line 29 (d) The applicant demonstrates compliance with the
line 30 requirements of Chapter 12.8 (commencing with Section 42649)
line 31 and Chapter 12.9 (commencing with Section 42649.8) of Part 3
line 32 of Division 30, as applicable.
line 33 (e) The applicant has entered into a binding and enforceable
line 34 agreement that all mitigation measures required under this division
line 35 to certify the project under this chapter shall be conditions of
line 36 approval of the project, and those conditions will be fully
line 37 enforceable by the lead agency or another agency designated by
line 38 the lead agency. In the case of environmental mitigation measures,
line 39 the applicant agrees, as an ongoing obligation, that those measures
99
— 8 — SB 7
line 1 will be monitored and enforced by the lead agency for the life of
line 2 the obligation.
line 3 (f) (1) Except as provided in paragraph (2), the applicant agrees
line 4 to pay the costs of the trial court and the court of appeal in hearing
line 5 and deciding any case challenging a lead agency’s action on a
line 6 certified project under this division, including payment of the costs
line 7 for the appointment of a special master if deemed appropriate by
line 8 the court, in a form and manner specified by the Judicial Council,
line 9 as provided in the Rules of Court adopted by the Judicial Council
line 10 under Section 21185.
line 11 (2) The applicant of a project described in paragraph (4) of
line 12 subdivision (b) of Section 21180 agrees to pay the costs of the
line 13 court of appeal in hearing and deciding any case challenging a
line 14 lead agency’s action on a certified project under this division,
line 15 including payment of the costs for the appointment of a special
line 16 master if deemed appropriate by the court, in a form and manner
line 17 specified by the Judicial Council, as provided in the Rules of Court
line 18 adopted by the Judicial Council under Section 21185.
line 19 (g) The applicant agrees to pay the costs of preparing the record
line 20 of proceedings for the project concurrent with review and
line 21 consideration of the project under this division, in a form and
line 22 manner specified by the lead agency for the project.
line 23 (h) For a project for which environmental review has
line 24 commenced, the applicant demonstrates that the record of
line 25 proceedings is being prepared in accordance with Section 21186.
line 26 21183.5. (a) For purposes of this section, the following
line 27 definitions apply:
line 28 (1) “Project labor agreement” has the same meaning as set forth
line 29 in paragraph (1) of subdivision (b) of Section 2500 of the Public
line 30 Contract Code.
line 31 (2) “Skilled and trained workforce” has the same meaning as
line 32 set forth in Chapter 2.9 (commencing with Section 2600) of Part
line 33 1 of Division 2 of the Public Contract Code.
line 34 (b) (1) For a project undertaken by a public agency that is
line 35 certified under this chapter, except as provided in paragraph (2),
line 36 an entity shall not be prequalified or shortlisted or awarded a
line 37 contract by the public agency to perform any portion of the project
line 38 unless the entity provides an enforceable commitment to the public
line 39 agency that the entity and its contractors and subcontractors at
line 40 every tier will use a skilled and trained workforce to perform all
99
SB 7 — 9 —
line 1 work on the project or contract that falls within an apprenticeable
line 2 occupation in the building and construction trades.
line 3 (2) Paragraph (1) does not apply if any of the following
line 4 requirements are met:
line 5 (A) The public agency has entered into a project labor agreement
line 6 that will bind all contractors and subcontractors at every tier
line 7 performing work on the project or contract to use a skilled and
line 8 trained workforce, and the entity agrees to be bound by that project
line 9 labor agreement.
line 10 (B) The project or contract is being performed under the
line 11 extension or renewal of a project labor agreement that was entered
line 12 into by the public agency before January 1, 2021.
line 13 (C) The entity has entered into a project labor agreement that
line 14 will bind the entity and all of its contractors and subcontractors at
line 15 every tier performing work on the project or contract to use a
line 16 skilled and trained workforce.
line 17 (c) For a project undertaken by a private entity that is certified
line 18 under this chapter, the applicant shall do both of the following:
line 19 (1) Certify to the lead agency that either of the following is true:
line 20 (A) The entirety of the project is a public work for purposes of
line 21 Chapter 1 (commencing with Section 1720) of Part 7 of Division
line 22 2 of the Labor Code.
line 23 (B) If the project is not in its entirety a public work, all
line 24 construction workers employed in the execution of the project will
line 25 be paid at least the general prevailing rate of per diem wages for
line 26 the type of work and geographic area, as determined by the Director
line 27 of Industrial Relations under Sections 1773 and 1773.9 of the
line 28 Labor Code, except that apprentices registered in programs
line 29 approved by the Chief of the Division of Apprenticeship Standards
line 30 may be paid at least the applicable apprentice prevailing rate. If
line 31 the project is subject to this subparagraph, then, for those portions
line 32 of the project that are not a public work, all of the following shall
line 33 apply:
line 34 (i) The applicant shall ensure that the prevailing wage
line 35 requirement is included in all contracts for the performance of the
line 36 work.
line 37 (ii) All contractors and subcontractors at every tier shall pay to
line 38 all construction workers employed in the execution of the work
line 39 on the project or contract at least the general prevailing rate of per
line 40 diem wages, except that apprentices registered in programs
99
— 10 — SB 7
line 1 approved by the Chief of the Division of Apprenticeship Standards
line 2 may be paid at least the applicable apprentice prevailing rate.
line 3 (iii) (I) Except as provided in subclause (III), all contractors
line 4 and subcontractors at every tier shall maintain and verify payroll
line 5 records under Section 1776 of the Labor Code and make those
line 6 records available for inspection and copying as provided by that
line 7 section.
line 8 (II) Except as provided in subclause (III), the obligation of all
line 9 contractors and subcontractors at every tier to pay prevailing wages
line 10 may be enforced by the Labor Commissioner through the issuance
line 11 of a civil wage and penalty assessment under Section 1741 of the
line 12 Labor Code, which may be reviewed under Section 1742 of the
line 13 Labor Code, within 18 months after the completion of the project,
line 14 by an underpaid worker through an administrative complaint or
line 15 civil action, or by a joint labor-management committee through a
line 16 civil action under Section 1771.2 of the Labor Code. If a civil wage
line 17 and penalty assessment is issued, the contractor, subcontractor,
line 18 and surety on a bond or bonds issued to secure the payment of
line 19 wages covered by the assessment shall be liable for liquidated
line 20 damages under Section 1742.1 of the Labor Code.
line 21 (III) Subclauses (I) and (II) do not apply if all contractors and
line 22 subcontractors at every tier performing work on the project or
line 23 contract are subject to a project labor agreement that requires the
line 24 payment of prevailing wages to all construction workers employed
line 25 in the execution of the project or contract and provides for
line 26 enforcement of that obligation through an arbitration procedure.
line 27 (iv) Notwithstanding subdivision (c) of Section 1773.1 of the
line 28 Labor Code, the requirement that employer payments not reduce
line 29 the obligation to pay the hourly straight time or overtime wages
line 30 found to be prevailing shall not apply if otherwise provided in a
line 31 bona fide collective bargaining agreement covering the worker.
line 32 The requirement to pay at least the general prevailing rate of per
line 33 diem wages does not preclude use of an alternative workweek
line 34 schedule adopted under Section 511 or 514 of the Labor Code.
line 35 (2) Certify to the lead agency that a skilled and trained
line 36 workforce will be used to perform all construction work on the
line 37 project or contract. All of the following requirements shall apply
line 38 to the project:
line 39 (A) The applicant shall require in all contracts for the
line 40 performance of work that every contractor and subcontractor at
99
SB 7 — 11 —
line 1 every tier will individually use a skilled and trained workforce to
line 2 complete the project.
line 3 (B) Every contractor and subcontractor at every tier shall use a
line 4 skilled and trained workforce to complete the project.
line 5 (C) (i) Except as provided in clause (ii), the applicant shall
line 6 provide to the lead agency, on a monthly basis while the project
line 7 or contract is being performed, a report demonstrating compliance
line 8 with Chapter 2.9 (commencing with Section 2600) of Part 1 of
line 9 Division 2 of the Public Contract Code. A monthly report provided
line 10 to the lead agency under this clause shall be a public record under
line 11 the California Public Records Act (Chapter 3.5 (commencing with
line 12 Section 6250) of Division 7 of Title 1 of the Government Code)
line 13 and shall be open to public inspection. An applicant that fails to
line 14 provide a monthly report demonstrating compliance with Chapter
line 15 2.9 (commencing with Section 2600) of Part 1 of Division 2 of
line 16 the Public Contract Code shall be subject to a civil penalty of ten
line 17 thousand dollars ($10,000) per month for each month for which
line 18 the report has not been provided. Any contractor or subcontractor
line 19 that fails to use a skilled and trained workforce shall be subject to
line 20 a civil penalty of two hundred dollars ($200) per day for each
line 21 worker employed in contravention of the skilled and trained
line 22 workforce requirement. Penalties may be assessed by the Labor
line 23 Commissioner within 18 months of completion of the project using
line 24 the same procedures for issuance of civil wage and penalty
line 25 assessments under Section 1741 of the Labor Code, and may be
line 26 reviewed under the same procedures in Section 1742 of the Labor
line 27 Code. Penalties shall be paid to the State Public Works
line 28 Enforcement Fund.
line 29 (ii) Clause (i) does not apply if all contractors and subcontractors
line 30 at every tier performing work on the project are subject to a project
line 31 labor agreement that requires compliance with the skilled and
line 32 trained workforce requirement and provides for enforcement of
line 33 that obligation through an arbitration procedure.
line 34 21183.6. (a) The quantification and mitigation of the impacts
line 35 of a project described in paragraph (1), (2), or (3) of subdivision
line 36 (b) of Section 21180 from the emissions of greenhouse gases shall
line 37 be as follows:
line 38 (1) The environmental baseline for greenhouse gas emissions
line 39 shall be established based upon the physical environmental
line 40 conditions in the vicinity of the project site at the time the
99
— 12 — SB 7
line 1 application is submitted in a manner consistent with Section 15125
line 2 of Title 14 of the California Code of Regulations as those
line 3 regulations existed on January 1, 2021.
line 4 (2) The mitigation of the impacts resulting from the emissions
line 5 of greenhouse gases shall be achieved in accordance with the
line 6 following priority:
line 7 (A) Direct emissions reductions from the project that also reduce
line 8 emissions of criteria air pollutants or toxic air contaminants through
line 9 implementation of project features, project design, or other
line 10 measures, including, but not limited to, energy efficiency,
line 11 installation of renewable energy electricity generation, and
line 12 reductions in vehicle miles traveled.
line 13 (B) If all of the project impacts cannot be feasibly and fully
line 14 mitigated by direct emissions reductions as described in
line 15 subparagraph (A), the remaining unmitigated impacts shall be
line 16 mitigated by direct emissions reductions that also reduce emissions
line 17 of criteria air pollutants or toxic air contaminants within the same
line 18 air pollution control district or air quality management district in
line 19 which the project is located.
line 20 (C) If all of the project impacts cannot be feasibly and fully
line 21 mitigated by direct emissions reductions as described in
line 22 subparagraph (A) or (B), the remaining unmitigated impacts shall
line 23 be mitigated through the use of offsets that originate within the
line 24 same air pollution control district or air quality management district
line 25 in which the project is located. The offsets shall be undertaken in
line 26 a manner consistent with Division 25.5 (commencing with Section
line 27 38500) of the Health and Safety Code, including, but not limited
line 28 to, the requirement that the offsets be real, permanent, quantifiable,
line 29 verifiable, and enforceable, and shall be undertaken from sources
line 30 in the community in which the project is located or in adjacent
line 31 communities.
line 32 (D) If all of the project impacts cannot be feasibly and fully
line 33 mitigated by the measures described in subparagraph (A), (B), or
line 34 (C), the remaining unmitigated impacts shall be mitigated through
line 35 the use of offsets that originate from sources that provide a specific,
line 36 quantifiable, and direct environmental and public health benefit
line 37 to the community in which the project is located.
line 38 (b) It is the intent of the Legislature, in enacting this section, to
line 39 maximize the environmental and public health benefits from
line 40 measures to mitigate the project impacts resulting from the
99
SB 7 — 13 —
line 1 emissions of greenhouse gases to those people that are impacted
line 2 most by the project.
line 3 21184. (a) The Governor may certify a project for streamlining
line 4 under this chapter if it complies with the conditions specified in
line 5 Section 21183.
line 6 (b) (1) Before certifying a project, the Governor shall make a
line 7 determination that each of the conditions specified in Section 21183
line 8 has been met. These findings are not subject to judicial review.
line 9 (2) (A) If the Governor determines that a leadership project is
line 10 eligible for streamlining under this chapter, the Governor shall
line 11 submit that determination, and any supporting information, to the
line 12 Joint Legislative Budget Committee for review and concurrence
line 13 or nonconcurrence.
line 14 (B) Within 30 days of receiving the determination, the Joint
line 15 Legislative Budget Committee shall concur or nonconcur in writing
line 16 on the determination.
line 17 (C) If the Joint Legislative Budget Committee fails to concur
line 18 or nonconcur on a determination by the Governor within 30 days
line 19 of the submittal, the leadership project is deemed to be certified.
line 20 (c) The Governor may issue guidelines regarding application
line 21 and certification of projects under this chapter. Any guidelines
line 22 issued under this subdivision are not subject to the rulemaking
line 23 provisions of the Administrative Procedure Act (Chapter 3.5
line 24 (commencing with Section 11340) of Part 1 of Division 3 of Title
line 25 2 of the Government Code).
line 26 21184.5. (a) Notwithstanding any other law, except as provided
line 27 in subdivision (b), a multifamily residential project certified under
line 28 this chapter shall provide unbundled parking, such that private
line 29 vehicle parking spaces are priced and rented or purchased
line 30 separately from dwelling units.
line 31 (b) Subdivision (a) shall not apply if the dwelling units are
line 32 subject to affordability restrictions in law that prescribe rent or
line 33 sale prices, and the cost of parking spaces cannot be unbundled
line 34 from the cost of dwelling units.
line 35 21184.7. The Office of Planning and Research may charge a
line 36 fee to an applicant seeking certification under this chapter for the
line 37 costs incurred by the Governor’s office in implementing this
line 38 chapter.
line 39 21185. The Judicial Council shall adopt a rule of court to
line 40 establish procedures that require actions or proceedings brought
99
— 14 — SB 7
line 1 to attack, review, set aside, void, or annul the certification of an
line 2 environmental impact report for an environmental leadership
line 3 development project certified by the Governor under this chapter
line 4 or the granting of any project approvals that require the actions or
line 5 proceedings, including any potential appeals to the court of appeal
line 6 or the Supreme Court, to be resolved, to the extent feasible, within
line 7 270 business days of the filing of the certified record of
line 8 proceedings with the court.
line 9 21186. Notwithstanding any other law, the preparation and
line 10 certification of the record of proceedings for a leadership project
line 11 certified by the Governor shall be performed in the following
line 12 manner:
line 13 (a) The lead agency for the project shall prepare the record of
line 14 proceedings under this division concurrently with the
line 15 administrative process.
line 16 (b) All documents and other materials placed in the record of
line 17 proceedings shall be posted on, and be downloadable from, an
line 18 internet website maintained by the lead agency commencing with
line 19 the date of the release of the draft environmental impact report.
line 20 (c) The lead agency shall make available to the public in a
line 21 readily accessible electronic format the draft environmental impact
line 22 report and all other documents submitted to, or relied on by, the
line 23 lead agency in preparing the draft environmental impact report.
line 24 (d) Any document prepared by the lead agency or submitted by
line 25 the applicant after the date of the release of the draft environmental
line 26 impact report that is a part of the record of the proceedings shall
line 27 be made available to the public in a readily accessible electronic
line 28 format within five business days after the document is released or
line 29 received by the lead agency.
line 30 (e) The lead agency shall encourage written comments on the
line 31 project to be submitted in a readily accessible electronic format,
line 32 and shall make any comment available to the public in a readily
line 33 accessible electronic format within five business days of its receipt.
line 34 (f) Within seven business days after the receipt of any comment
line 35 that is not in an electronic format, the lead agency shall convert
line 36 that comment into a readily accessible electronic format and make
line 37 it available to the public in that format.
line 38 (g) Notwithstanding paragraphs (b) to (f), inclusive, documents
line 39 submitted to or relied on by the lead agency that were not prepared
line 40 specifically for the project and are copyright protected are not
99
SB 7 — 15 —
line 1 required to be made readily accessible in an electronic format. For
line 2 those copyright-protected documents, the lead agency shall make
line 3 an index of these documents available in an electronic format no
line 4 later than the date of the release of the draft environmental impact
line 5 report, or within five business days if the document is received or
line 6 relied on by the lead agency after the release of the draft
line 7 environmental impact report. The index must specify the libraries
line 8 or lead agency offices in which hardcopies of the copyrighted
line 9 materials are available for public review.
line 10 (h) The lead agency shall certify the final record of proceedings
line 11 within five business days of its approval of the project.
line 12 (i) Any dispute arising from the record of proceedings shall be
line 13 resolved by the superior court. Unless the superior court directs
line 14 otherwise, a party disputing the content of the record shall file a
line 15 motion to augment the record at the time it files its initial brief.
line 16 (j) The contents of the record of proceedings shall be as set forth
line 17 in subdivision (e) of Section 21167.6.
line 18 21187. Within 10 business days of the Governor certifying an
line 19 environmental leadership development project under this chapter,
line 20 a lead agency shall, at the applicant’s expense, issue a public notice
line 21 in no less than 12-point type stating the following:
line 22
line 23 “THE APPLICANT HAS ELECTED TO PROCEED UNDER
line 24 CHAPTER 6.5 (COMMENCING WITH SECTION 21178) OF
line 25 DIVISION 13 OF THE PUBLIC RESOURCES CODE, WHICH
line 26 PROVIDES, AMONG OTHER THINGS, THAT ANY JUDICIAL
line 27 ACTION CHALLENGING THE CERTIFICATION OF THE
line 28 ENVIRONMENTAL IMPACT REPORT (EIR) OR THE
line 29 APPROVAL OF THE PROJECT DESCRIBED IN THE EIR IS
line 30 SUBJECT TO THE PROCEDURES SET FORTH IN SECTIONS
line 31 21185 TO 21186, INCLUSIVE, OF THE PUBLIC RESOURCES
line 32 CODE. A COPY OF CHAPTER 6.5 (COMMENCING WITH
line 33 SECTION 21178) OF DIVISION 13 OF THE PUBLIC
line 34 RESOURCES CODE IS INCLUDED BELOW.”
line 35
line 36 The public notice shall be distributed by the lead agency as
line 37 required for public notices issued under paragraph (3) of
line 38 subdivision (b) of Section 21092.
line 39 21187.5. (a) For purposes of this section, “project alternative”
line 40 means an alternative studied in a leadership project’s environmental
99
— 16 — SB 7
line 1 impact report under Section 15126.6 of Title 14 of the California
line 2 Code of Regulations as those regulations existed on January 1,
line 3 2021.
line 4 (b) Before a lead agency’s approval of a project alternative
line 5 described in an environmental impact report for a leadership project
line 6 certified by the Governor under this chapter, the Governor may,
line 7 upon application of the applicant, certify the project alternative
line 8 under this chapter if the project alternative meets the definition of
line 9 a leadership project pursuant to Section 21180 and complies with
line 10 Section 21183 as those sections existed at the time of the
line 11 Governor’s certification of the leadership project. The applicant
line 12 shall supply evidence and materials that the Governor deems
line 13 necessary to make a decision on the application to certify the
line 14 project alternative. Any evidence or materials provided by the
line 15 applicant shall be made available by the Governor to the public at
line 16 least 15 days before the Governor certifies a project alternative
line 17 pursuant to this chapter. Paragraph (2) of subdivision (b) of Section
line 18 21184 shall not apply to the certification of a project alternative
line 19 pursuant to this section. The findings made by the Governor
line 20 pursuant to this section are not subject to judicial review.
line 21 (c) The rule of court adopted under Section 21185 applies to
line 22 actions or proceedings brought to attack, review, set aside, void,
line 23 or annul a public agency’s approval of a project alternative certified
line 24 under this section on the grounds of noncompliance with this
line 25 division.
line 26 21188. The provisions of this chapter are severable. If any
line 27 provision of this chapter or its application is held to be invalid,
line 28 that invalidity shall not affect any other provision or application
line 29 that can be given effect without the invalid provision or application.
line 30 21189. Except as otherwise provided expressly in this chapter,
line 31 nothing in this chapter affects the duty of any party to comply with
line 32 this division.
line 33 21189.1. If, before January 1, 2025, a lead agency fails to
line 34 approve a project certified by the Governor under this chapter,
line 35 then the certification expires and is no longer valid.
line 36 21189.3. This chapter shall remain in effect until January 1,
line 37 2025, and as of that date is repealed unless a later enacted statute
line 38 extends or repeals that date.
line 39 SEC. 3. Notwithstanding former Section 21189.1, as it read
line 40 on January 1, 2021, a project that is certified by the Governor
99
SB 7 — 17 —
line 1 under the former Chapter 6.5 (commencing with Section 21178)
line 2 of Division 13 of the Public Resources Code that is approved by
line 3 a lead agency on or before January 1, 2022, shall be entitled to the
line 4 benefits of and shall comply with the requirements set forth in that
line 5 former chapter as it read on January 1, 2020.
line 6 SEC. 4. No reimbursement is required by this act pursuant to
line 7 Section 6 of Article XIIIB of the California Constitution because
line 8 a local agency or school district has the authority to levy service
line 9 charges, fees, or assessments sufficient to pay for the program or
line 10 level of service mandated by this act, within the meaning of Section
line 11 17556 of the Government Code.
line 12 SEC. 5. This act is an urgency statute necessary for the
line 13 immediate preservation of the public peace, health, or safety within
line 14 the meaning of Article IV of the California Constitution and shall
line 15 go into immediate effect. The facts constituting the necessity are:
line 16 To expedite the development and construction of urgently needed
line 17 housing, clean energy, low carbon, and environmentally-beneficial
line 18 projects, and the jobs they create, it is necessary that this act be
line 19 immediately enacted.
O
99
— 18 — SB 7
SENATE BILL No. 8
Introduced by Senator Skinner
(Principal coauthor: Senator Caballero)
December 7, 2020
An act to amend Section 65915 of the Government Code, relating to
housing.
legislative counsel’s digest
SB 8, as introduced, Skinner. Density Bonus Law.
Existing law, known as the Density Bonus Law, requires a city,
county, or city and county to provide a developer that proposes a housing
development within the jurisdictional boundaries of that city, county,
or city and county with a density bonus and other incentives or
concessions for the production of lower income housing units, or for
the donation of land within the development, if the developer agrees to
construct a specified percentage of units for very low income,
low-income, or moderate-income households or qualifying residents
and meets other requirements. Among other things, the Density Bonus
Law prohibits a city, county, or city and county from applying any
development standard, as defined, that has the effect of physically
precluding the construction of a qualifying development at the densities
or with the concessions or incentives permitted under that law.
This bill would make a nonsubstantive change to the definition of
“development standard” for purposes of the Density Bonus Law.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
99
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 65915 of the Government Code is
line 2 amended to read:
line 3 65915. (a) (1) When an applicant seeks a density bonus for
line 4 a housing development within, or for the donation of land for
line 5 housing within, the jurisdiction of a city, county, or city and county,
line 6 that local government shall comply with this section. A city,
line 7 county, or city and county shall adopt an ordinance that specifies
line 8 how compliance with this section will be implemented. Except as
line 9 otherwise provided in subdivision (s), failure to adopt an ordinance
line 10 shall not relieve a city, county, or city and county from complying
line 11 with this section.
line 12 (2) A local government shall not condition the submission,
line 13 review, or approval of an application pursuant to this chapter on
line 14 the preparation of an additional report or study that is not otherwise
line 15 required by state law, including this section. This subdivision does
line 16 not prohibit a local government from requiring an applicant to
line 17 provide reasonable documentation to establish eligibility for a
line 18 requested density bonus, incentives or concessions, as described
line 19 in subdivision (d), waivers or reductions of development standards,
line 20 as described in subdivision (e), and parking ratios, as described in
line 21 subdivision (p).
line 22 (3) In order to provide for the expeditious processing of a density
line 23 bonus application, the local government shall do all of the
line 24 following:
line 25 (A) Adopt procedures and timelines for processing a density
line 26 bonus application.
line 27 (B) Provide a list of all documents and information required to
line 28 be submitted with the density bonus application in order for the
line 29 density bonus application to be deemed complete. This list shall
line 30 be consistent with this chapter.
line 31 (C) Notify the applicant for a density bonus whether the
line 32 application is complete in a manner consistent with the timelines
line 33 specified in Section 65943.
line 34 (D) (i) If the local government notifies the applicant that the
line 35 application is deemed complete pursuant to subparagraph (C),
line 36 provide the applicant with a determination as to the following
line 37 matters:
99
— 2 — SB 8
line 1 (I) The amount of density bonus, calculated pursuant to
line 2 subdivision (f), for which the applicant is eligible.
line 3 (II) If the applicant requests a parking ratio pursuant to
line 4 subdivision (p), the parking ratio for which the applicant is eligible.
line 5 (III) If the applicant requests incentives or concessions pursuant
line 6 to subdivision (d) or waivers or reductions of development
line 7 standards pursuant to subdivision (e), whether the applicant has
line 8 provided adequate information for the local government to make
line 9 a determination as to those incentives, concessions, or waivers or
line 10 reductions of development standards.
line 11 (ii) Any determination required by this subparagraph shall be
line 12 based on the development project at the time the application is
line 13 deemed complete. The local government shall adjust the amount
line 14 of density bonus and parking ratios awarded pursuant to this section
line 15 based on any changes to the project during the course of
line 16 development.
line 17 (b) (1) A city, county, or city and county shall grant one density
line 18 bonus, the amount of which shall be as specified in subdivision
line 19 (f), and, if requested by the applicant and consistent with the
line 20 applicable requirements of this section, incentives or concessions,
line 21 as described in subdivision (d), waivers or reductions of
line 22 development standards, as described in subdivision (e), and parking
line 23 ratios, as described in subdivision (p), when an applicant for a
line 24 housing development seeks and agrees to construct a housing
line 25 development, excluding any units permitted by the density bonus
line 26 awarded pursuant to this section, that will contain at least any one
line 27 of the following:
line 28 (A) Ten percent of the total units of a housing development for
line 29 lower income households, as defined in Section 50079.5 of the
line 30 Health and Safety Code.
line 31 (B) Five percent of the total units of a housing development for
line 32 very low income households, as defined in Section 50105 of the
line 33 Health and Safety Code.
line 34 (C) A senior citizen housing development, as defined in Sections
line 35 51.3 and 51.12 of the Civil Code, or a mobilehome park that limits
line 36 residency based on age requirements for housing for older persons
line 37 pursuant to Section 798.76 or 799.5 of the Civil Code.
line 38 (D) Ten percent of the total dwelling units in a common interest
line 39 development, as defined in Section 4100 of the Civil Code, for
line 40 persons and families of moderate income, as defined in Section
99
SB 8 — 3 —
line 1 50093 of the Health and Safety Code, provided that all units in the
line 2 development are offered to the public for purchase.
line 3 (E) Ten percent of the total units of a housing development for
line 4 transitional foster youth, as defined in Section 66025.9 of the
line 5 Education Code, disabled veterans, as defined in Section 18541,
line 6 or homeless persons, as defined in the federal McKinney-Vento
line 7 Homeless Assistance Act (42 U.S.C. Sec. 11301 et seq.). The units
line 8 described in this subparagraph shall be subject to a recorded
line 9 affordability restriction of 55 years and shall be provided at the
line 10 same affordability level as very low income units.
line 11 (F) (i) Twenty percent of the total units for lower income
line 12 students in a student housing development that meets the following
line 13 requirements:
line 14 (I) All units in the student housing development will be used
line 15 exclusively for undergraduate, graduate, or professional students
line 16 enrolled full time at an institution of higher education accredited
line 17 by the Western Association of Schools and Colleges or the
line 18 Accrediting Commission for Community and Junior Colleges. In
line 19 order to be eligible under this subclause, the developer shall, as a
line 20 condition of receiving a certificate of occupancy, provide evidence
line 21 to the city, county, or city and county that the developer has entered
line 22 into an operating agreement or master lease with one or more
line 23 institutions of higher education for the institution or institutions
line 24 to occupy all units of the student housing development with
line 25 students from that institution or institutions. An operating
line 26 agreement or master lease entered into pursuant to this subclause
line 27 is not violated or breached if, in any subsequent year, there are not
line 28 sufficient students enrolled in an institution of higher education
line 29 to fill all units in the student housing development.
line 30 (II) The applicable 20-percent units will be used for lower
line 31 income students. For purposes of this clause, “lower income
line 32 students” means students who have a household income and asset
line 33 level that does not exceed the level for Cal Grant A or Cal Grant
line 34 B award recipients as set forth in paragraph (1) of subdivision (k)
line 35 of Section 69432.7 of the Education Code. The eligibility of a
line 36 student under this clause shall be verified by an affidavit, award
line 37 letter, or letter of eligibility provided by the institution of higher
line 38 education that the student is enrolled in, as described in subclause
line 39 (I), or by the California Student Aid Commission that the student
line 40 receives or is eligible for financial aid, including an institutional
99
— 4 — SB 8
line 1 grant or fee waiver, from the college or university, the California
line 2 Student Aid Commission, or the federal government shall be
line 3 sufficient to satisfy this subclause.
line 4 (III) The rent provided in the applicable units of the development
line 5 for lower income students shall be calculated at 30 percent of 65
line 6 percent of the area median income for a single-room occupancy
line 7 unit type.
line 8 (IV) The development will provide priority for the applicable
line 9 affordable units for lower income students experiencing
line 10 homelessness. A homeless service provider, as defined in paragraph
line 11 (3) of subdivision (e) of Section 103577 of the Health and Safety
line 12 Code, or institution of higher education that has knowledge of a
line 13 person’s homeless status may verify a person’s status as homeless
line 14 for purposes of this subclause.
line 15 (ii) For purposes of calculating a density bonus granted pursuant
line 16 to this subparagraph, the term “unit” as used in this section means
line 17 one rental bed and its pro rata share of associated common area
line 18 facilities. The units described in this subparagraph shall be subject
line 19 to a recorded affordability restriction of 55 years.
line 20 (G) One hundred percent of all units in the development,
line 21 including total units and density bonus units, but exclusive of a
line 22 manager’s unit or units, are for lower income households, as
line 23 defined by Section 50079.5 of the Health and Safety Code, except
line 24 that up to 20 percent of the units in the development, including
line 25 total units and density bonus units, may be for moderate-income
line 26 households, as defined in Section 50053 of the Health and Safety
line 27 Code.
line 28 (2) For purposes of calculating the amount of the density bonus
line 29 pursuant to subdivision (f), an applicant who requests a density
line 30 bonus pursuant to this subdivision shall elect whether the bonus
line 31 shall be awarded on the basis of subparagraph (A), (B), (C), (D),
line 32 (E), (F), or (G) of paragraph (1).
line 33 (3) For the purposes of this section, “total units,” “total dwelling
line 34 units,” or “total rental beds” does not include units added by a
line 35 density bonus awarded pursuant to this section or any local law
line 36 granting a greater density bonus.
line 37 (c) (1) (A) An applicant shall agree to, and the city, county,
line 38 or city and county shall ensure, the continued affordability of all
line 39 very low and low-income rental units that qualified the applicant
line 40 for the award of the density bonus for 55 years or a longer period
99
SB 8 — 5 —
line 1 of time if required by the construction or mortgage financing
line 2 assistance program, mortgage insurance program, or rental subsidy
line 3 program.
line 4 (B) (i) Except as otherwise provided in clause (ii), rents for the
line 5 lower income density bonus units shall be set at an affordable rent,
line 6 as defined in Section 50053 of the Health and Safety Code.
line 7 (ii) For housing developments meeting the criteria of
line 8 subparagraph (G) of paragraph (1) of subdivision (b), rents for all
line 9 units in the development, including both base density and density
line 10 bonus units, shall be as follows:
line 11 (I) The rent for at least 20 percent of the units in the
line 12 development shall be set at an affordable rent, as defined in Section
line 13 50053 of the Health and Safety Code.
line 14 (II) The rent for the remaining units in the development shall
line 15 be set at an amount consistent with the maximum rent levels for
line 16 a housing development that receives an allocation of state or federal
line 17 low-income housing tax credits from the California Tax Credit
line 18 Allocation Committee.
line 19 (2) An applicant shall agree to, and the city, county, or city and
line 20 county shall ensure that, the initial occupant of all for-sale units
line 21 that qualified the applicant for the award of the density bonus are
line 22 persons and families of very low, low, or moderate income, as
line 23 required, and that the units are offered at an affordable housing
line 24 cost, as that cost is defined in Section 50052.5 of the Health and
line 25 Safety Code. The local government shall enforce an equity sharing
line 26 agreement, unless it is in conflict with the requirements of another
line 27 public funding source or law. The following apply to the equity
line 28 sharing agreement:
line 29 (A) Upon resale, the seller of the unit shall retain the value of
line 30 any improvements, the downpayment, and the seller’s proportionate
line 31 share of appreciation. The local government shall recapture any
line 32 initial subsidy, as defined in subparagraph (B), and its proportionate
line 33 share of appreciation, as defined in subparagraph (C), which
line 34 amount shall be used within five years for any of the purposes
line 35 described in subdivision (e) of Section 33334.2 of the Health and
line 36 Safety Code that promote home ownership.
line 37 (B) For purposes of this subdivision, the local government’s
line 38 initial subsidy shall be equal to the fair market value of the home
line 39 at the time of initial sale minus the initial sale price to the
line 40 moderate-income household, plus the amount of any downpayment
99
— 6 — SB 8
line 1 assistance or mortgage assistance. If upon resale the market value
line 2 is lower than the initial market value, then the value at the time of
line 3 the resale shall be used as the initial market value.
line 4 (C) For purposes of this subdivision, the local government’s
line 5 proportionate share of appreciation shall be equal to the ratio of
line 6 the local government’s initial subsidy to the fair market value of
line 7 the home at the time of initial sale.
line 8 (3) (A) An applicant shall be ineligible for a density bonus or
line 9 any other incentives or concessions under this section if the housing
line 10 development is proposed on any property that includes a parcel or
line 11 parcels on which rental dwelling units are or, if the dwelling units
line 12 have been vacated or demolished in the five-year period preceding
line 13 the application, have been subject to a recorded covenant,
line 14 ordinance, or law that restricts rents to levels affordable to persons
line 15 and families of lower or very low income; subject to any other
line 16 form of rent or price control through a public entity’s valid exercise
line 17 of its police power; or occupied by lower or very low income
line 18 households, unless the proposed housing development replaces
line 19 those units, and either of the following applies:
line 20 (i) The proposed housing development, inclusive of the units
line 21 replaced pursuant to this paragraph, contains affordable units at
line 22 the percentages set forth in subdivision (b).
line 23 (ii) Each unit in the development, exclusive of a manager’s unit
line 24 or units, is affordable to, and occupied by, either a lower or very
line 25 low income household.
line 26 (B) For the purposes of this paragraph, “replace” shall mean
line 27 either of the following:
line 28 (i) If any dwelling units described in subparagraph (A) are
line 29 occupied on the date of application, the proposed housing
line 30 development shall provide at least the same number of units of
line 31 equivalent size to be made available at affordable rent or affordable
line 32 housing cost to, and occupied by, persons and families in the same
line 33 or lower income category as those households in occupancy. If
line 34 the income category of the household in occupancy is not known,
line 35 it shall be rebuttably presumed that lower income renter households
line 36 occupied these units in the same proportion of lower income renter
line 37 households to all renter households within the jurisdiction, as
line 38 determined by the most recently available data from the United
line 39 States Department of Housing and Urban Development’s
line 40 Comprehensive Housing Affordability Strategy database. For
99
SB 8 — 7 —
line 1 unoccupied dwelling units described in subparagraph (A) in a
line 2 development with occupied units, the proposed housing
line 3 development shall provide units of equivalent size to be made
line 4 available at affordable rent or affordable housing cost to, and
line 5 occupied by, persons and families in the same or lower income
line 6 category as the last household in occupancy. If the income category
line 7 of the last household in occupancy is not known, it shall be
line 8 rebuttably presumed that lower income renter households occupied
line 9 these units in the same proportion of lower income renter
line 10 households to all renter households within the jurisdiction, as
line 11 determined by the most recently available data from the United
line 12 States Department of Housing and Urban Development’s
line 13 Comprehensive Housing Affordability Strategy database. All
line 14 replacement calculations resulting in fractional units shall be
line 15 rounded up to the next whole number. If the replacement units will
line 16 be rental dwelling units, these units shall be subject to a recorded
line 17 affordability restriction for at least 55 years. If the proposed
line 18 development is for-sale units, the units replaced shall be subject
line 19 to paragraph (2).
line 20 (ii) If all dwelling units described in subparagraph (A) have
line 21 been vacated or demolished within the five-year period preceding
line 22 the application, the proposed housing development shall provide
line 23 at least the same number of units of equivalent size as existed at
line 24 the highpoint of those units in the five-year period preceding the
line 25 application to be made available at affordable rent or affordable
line 26 housing cost to, and occupied by, persons and families in the same
line 27 or lower income category as those persons and families in
line 28 occupancy at that time, if known. If the incomes of the persons
line 29 and families in occupancy at the highpoint is not known, it shall
line 30 be rebuttably presumed that low-income and very low income
line 31 renter households occupied these units in the same proportion of
line 32 low-income and very low income renter households to all renter
line 33 households within the jurisdiction, as determined by the most
line 34 recently available data from the United States Department of
line 35 Housing and Urban Development’s Comprehensive Housing
line 36 Affordability Strategy database. All replacement calculations
line 37 resulting in fractional units shall be rounded up to the next whole
line 38 number. If the replacement units will be rental dwelling units,
line 39 these units shall be subject to a recorded affordability restriction
99
— 8 — SB 8
line 1 for at least 55 years. If the proposed development is for-sale units,
line 2 the units replaced shall be subject to paragraph (2).
line 3 (C) Notwithstanding subparagraph (B), for any dwelling unit
line 4 described in subparagraph (A) that is or was, within the five-year
line 5 period preceding the application, subject to a form of rent or price
line 6 control through a local government’s valid exercise of its police
line 7 power and that is or was occupied by persons or families above
line 8 lower income, the city, county, or city and county may do either
line 9 of the following:
line 10 (i) Require that the replacement units be made available at
line 11 affordable rent or affordable housing cost to, and occupied by,
line 12 low-income persons or families. If the replacement units will be
line 13 rental dwelling units, these units shall be subject to a recorded
line 14 affordability restriction for at least 55 years. If the proposed
line 15 development is for-sale units, the units replaced shall be subject
line 16 to paragraph (2).
line 17 (ii) Require that the units be replaced in compliance with the
line 18 jurisdiction’s rent or price control ordinance, provided that each
line 19 unit described in subparagraph (A) is replaced. Unless otherwise
line 20 required by the jurisdiction’s rent or price control ordinance, these
line 21 units shall not be subject to a recorded affordability restriction.
line 22 (D) For purposes of this paragraph, “equivalent size” means
line 23 that the replacement units contain at least the same total number
line 24 of bedrooms as the units being replaced.
line 25 (E) Subparagraph (A) does not apply to an applicant seeking a
line 26 density bonus for a proposed housing development if the
line 27 applicant’s application was submitted to, or processed by, a city,
line 28 county, or city and county before January 1, 2015.
line 29 (d) (1) An applicant for a density bonus pursuant to subdivision
line 30 (b) may submit to a city, county, or city and county a proposal for
line 31 the specific incentives or concessions that the applicant requests
line 32 pursuant to this section, and may request a meeting with the city,
line 33 county, or city and county. The city, county, or city and county
line 34 shall grant the concession or incentive requested by the applicant
line 35 unless the city, county, or city and county makes a written finding,
line 36 based upon substantial evidence, of any of the following:
line 37 (A) The concession or incentive does not result in identifiable
line 38 and actual cost reductions, consistent with subdivision (k), to
line 39 provide for affordable housing costs, as defined in Section 50052.5
99
SB 8 — 9 —
line 1 of the Health and Safety Code, or for rents for the targeted units
line 2 to be set as specified in subdivision (c).
line 3 (B) The concession or incentive would have a specific, adverse
line 4 impact, as defined in paragraph (2) of subdivision (d) of Section
line 5 65589.5, upon public health and safety or the physical environment
line 6 or on any real property that is listed in the California Register of
line 7 Historical Resources and for which there is no feasible method to
line 8 satisfactorily mitigate or avoid the specific, adverse impact without
line 9 rendering the development unaffordable to low-income and
line 10 moderate-income households.
line 11 (C) The concession or incentive would be contrary to state or
line 12 federal law.
line 13 (2) The applicant shall receive the following number of
line 14 incentives or concessions:
line 15 (A) One incentive or concession for projects that include at least
line 16 10 percent of the total units for lower income households, at least
line 17 5 percent for very low income households, or at least 10 percent
line 18 for persons and families of moderate income in a common interest
line 19 development.
line 20 (B) Two incentives or concessions for projects that include at
line 21 least 17 percent of the total units for lower income households, at
line 22 least 10 percent for very low income households, or at least 20
line 23 percent for persons and families of moderate income in a common
line 24 interest development.
line 25 (C) Three incentives or concessions for projects that include at
line 26 least 24 percent of the total units for lower income households, at
line 27 least 15 percent for very low income households, or at least 30
line 28 percent for persons and families of moderate income in a common
line 29 interest development.
line 30 (D) Four incentives or concessions for projects meeting the
line 31 criteria of subparagraph (G) of paragraph (1) of subdivision (b).
line 32 If the project is located within one-half mile of a major transit stop,
line 33 the applicant shall also receive a height increase of up to three
line 34 additional stories, or 33 feet.
line 35 (3) The applicant may initiate judicial proceedings if the city,
line 36 county, or city and county refuses to grant a requested density
line 37 bonus, incentive, or concession. If a court finds that the refusal to
line 38 grant a requested density bonus, incentive, or concession is in
line 39 violation of this section, the court shall award the plaintiff
line 40 reasonable attorney’s fees and costs of suit. Nothing in this
99
— 10 — SB 8
line 1 subdivision shall be interpreted to require a local government to
line 2 grant an incentive or concession that has a specific, adverse impact,
line 3 as defined in paragraph (2) of subdivision (d) of Section 65589.5,
line 4 upon health, safety, or the physical environment, and for which
line 5 there is no feasible method to satisfactorily mitigate or avoid the
line 6 specific adverse impact. Nothing in this subdivision shall be
line 7 interpreted to require a local government to grant an incentive or
line 8 concession that would have an adverse impact on any real property
line 9 that is listed in the California Register of Historical Resources.
line 10 The city, county, or city and county shall establish procedures for
line 11 carrying out this section that shall include legislative body approval
line 12 of the means of compliance with this section.
line 13 (4) The city, county, or city and county shall bear the burden
line 14 of proof for the denial of a requested concession or incentive.
line 15 (e) (1) In no case may a city, county, or city and county apply
line 16 any development standard that will have the effect of physically
line 17 precluding the construction of a development meeting the criteria
line 18 of subdivision (b) at the densities or with the concessions or
line 19 incentives permitted by this section. Subject to paragraph (3), an
line 20 applicant may submit to a city, county, or city and county a
line 21 proposal for the waiver or reduction of development standards that
line 22 will have the effect of physically precluding the construction of a
line 23 development meeting the criteria of subdivision (b) at the densities
line 24 or with the concessions or incentives permitted under this section,
line 25 and may request a meeting with the city, county, or city and county.
line 26 If a court finds that the refusal to grant a waiver or reduction of
line 27 development standards is in violation of this section, the court
line 28 shall award the plaintiff reasonable attorney’s fees and costs of
line 29 suit. Nothing in this subdivision shall be interpreted to require a
line 30 local government to waive or reduce development standards if the
line 31 waiver or reduction would have a specific, adverse impact, as
line 32 defined in paragraph (2) of subdivision (d) of Section 65589.5,
line 33 upon health, safety, or the physical environment, and for which
line 34 there is no feasible method to satisfactorily mitigate or avoid the
line 35 specific adverse impact. Nothing in this subdivision shall be
line 36 interpreted to require a local government to waive or reduce
line 37 development standards that would have an adverse impact on any
line 38 real property that is listed in the California Register of Historical
line 39 Resources, or to grant any waiver or reduction that would be
line 40 contrary to state or federal law.
99
SB 8 — 11 —
line 1 (2) A proposal for the waiver or reduction of development
line 2 standards pursuant to this subdivision shall neither reduce nor
line 3 increase the number of incentives or concessions to which the
line 4 applicant is entitled pursuant to subdivision (d).
line 5 (3) A housing development that receives a waiver from any
line 6 maximum controls on density pursuant to clause (ii) of
line 7 subparagraph (D) of paragraph (3) of subdivision (f) shall only be
line 8 eligible for a waiver or reduction of development standards as
line 9 provided in subparagraph (D) of paragraph (2) of subdivision (d)
line 10 and clause (ii) of subparagraph (D) of paragraph (3) of subdivision
line 11 (f), unless the city, county, or city and county agrees to additional
line 12 waivers or reductions of development standards.
line 13 (f) For the purposes of this chapter, “density bonus” means a
line 14 density increase over the otherwise maximum allowable gross
line 15 residential density as of the date of application by the applicant to
line 16 the city, county, or city and county, or, if elected by the applicant,
line 17 a lesser percentage of density increase, including, but not limited
line 18 to, no increase in density. The amount of density increase to which
line 19 the applicant is entitled shall vary according to the amount by
line 20 which the percentage of affordable housing units exceeds the
line 21 percentage established in subdivision (b).
line 22 (1) For housing developments meeting the criteria of
line 23 subparagraph (A) of paragraph (1) of subdivision (b), the density
line 24 bonus shall be calculated as follows:
line 25
line 26 Percentage Density
line 27 Bonus
Percentage Low-Income Units
line 28 20 10
line 29 21.5 11
line 30 23 12
line 31 24.5 13
line 32 26 14
line 33 27.5 15
line 34 29 16
line 35 30.5 17
line 36 32 18
line 37 33.5 19
line 38 35 20
line 39 38.75 21
line 40 42.5 22
99
— 12 — SB 8
line 1 46.25 23
line 2 50 24
line 3
line 4
line 5
line 6
line 7
line 8
line 9
line 10
line 11
line 12
line 13 (2) For housing developments meeting the criteria of
line 14 subparagraph (B) of paragraph (1) of subdivision (b), the density
line 15 bonus shall be calculated as follows:
line 16
line 17 Percentage Density Bonus Percentage Very Low Income Units
line 18 20 5
line 19 22.5 6
line 20 25 7
line 21 27.5 8
line 22 30 9
line 23 32.5 10
line 24 35 11
line 25 38.75 12
line 26 42.5 13
line 27 46.25 14
line 28 50 15
line 29
line 30
line 31
line 32
line 33
line 34
line 35
line 36
line 37
line 38
line 39
line 40
99
SB 8 — 13 —
line 1 (3) (A) For housing developments meeting the criteria of
line 2 subparagraph (C) of paragraph (1) of subdivision (b), the density
line 3 bonus shall be 20 percent of the number of senior housing units.
line 4 (B) For housing developments meeting the criteria of
line 5 subparagraph (E) of paragraph (1) of subdivision (b), the density
line 6 bonus shall be 20 percent of the number of the type of units giving
line 7 rise to a density bonus under that subparagraph.
line 8 (C) For housing developments meeting the criteria of
line 9 subparagraph (F) of paragraph (1) of subdivision (b), the density
line 10 bonus shall be 35 percent of the student housing units.
line 11 (D) For housing developments meeting the criteria of
line 12 subparagraph (G) of paragraph (1) of subdivision (b), the following
line 13 shall apply:
line 14 (i) Except as otherwise provided in clause (ii), the density bonus
line 15 shall be 80 percent of the number of units for lower income
line 16 households.
line 17 (ii) If the housing development is located within one-half mile
line 18 of a major transit stop, the city, county, or city and county shall
line 19 not impose any maximum controls on density.
line 20 (4) For housing developments meeting the criteria of
line 21 subparagraph (D) of paragraph (1) of subdivision (b), the density
line 22 bonus shall be calculated as follows:
line 23
line 24 Percentage Density Bonus Percentage Moderate-Income Units
line 25 5 10
line 26 6 11
line 27 7 12
line 28 8 13
line 29 9 14
line 30 10 15
line 31 11 16
line 32 12 17
line 33 13 18
line 34 14 19
line 35 15 20
line 36 16 21
line 37 17 22
line 38 18 23
line 39 19 24
line 40 20 25
99
— 14 — SB 8
line 1 21 26
line 2 22 27
line 3 23 28
line 4 24 29
line 5 25 30
line 6 26 31
line 7 27 32
line 8 28 33
line 9 29 34
line 10 30 35
line 11 31 36
line 12 32 37
line 13 33 38
line 14 34 39
line 15 35 40
line 16 38.75 41
line 17 42.5 42
line 18 46.25 43
line 19 50 44
line 20
line 21 (5) All density calculations resulting in fractional units shall be
line 22 rounded up to the next whole number. The granting of a density
line 23 bonus shall not require, or be interpreted, in and of itself, to require
line 24 a general plan amendment, local coastal plan amendment, zoning
line 25 change, or other discretionary approval.
line 26 (g) (1) When an applicant for a tentative subdivision map,
line 27 parcel map, or other residential development approval donates
line 28 land to a city, county, or city and county in accordance with this
line 29 subdivision, the applicant shall be entitled to a 15-percent increase
line 30 above the otherwise maximum allowable residential density for
line 31 the entire development, as follows:
line 32
line 33 Percentage Density Bonus Percentage Very Low Income
line 34 15 10
line 35 16 11
line 36 17 12
line 37 18 13
line 38 19 14
line 39 20 15
line 40 21 16
99
SB 8 — 15 —
line 1 22 17
line 2 23 18
line 3 24 19
line 4 25 20
line 5 26 21
line 6 27 22
line 7 28 23
line 8 29 24
line 9 30 25
line 10 31 26
line 11 32 27
line 12 33 28
line 13 34 29
line 14 35 30
line 15
line 16 (2) This increase shall be in addition to any increase in density
line 17 mandated by subdivision (b), up to a maximum combined mandated
line 18 density increase of 35 percent if an applicant seeks an increase
line 19 pursuant to both this subdivision and subdivision (b). All density
line 20 calculations resulting in fractional units shall be rounded up to the
line 21 next whole number. Nothing in this subdivision shall be construed
line 22 to enlarge or diminish the authority of a city, county, or city and
line 23 county to require a developer to donate land as a condition of
line 24 development. An applicant shall be eligible for the increased
line 25 density bonus described in this subdivision if all of the following
line 26 conditions are met:
line 27 (A) The applicant donates and transfers the land no later than
line 28 the date of approval of the final subdivision map, parcel map, or
line 29 residential development application.
line 30 (B) The developable acreage and zoning classification of the
line 31 land being transferred are sufficient to permit construction of units
line 32 affordable to very low income households in an amount not less
line 33 than 10 percent of the number of residential units of the proposed
line 34 development.
line 35 (C) The transferred land is at least one acre in size or of
line 36 sufficient size to permit development of at least 40 units, has the
line 37 appropriate general plan designation, is appropriately zoned with
line 38 appropriate development standards for development at the density
line 39 described in paragraph (3) of subdivision (c) of Section 65583.2,
99
— 16 — SB 8
line 1 and is or will be served by adequate public facilities and
line 2 infrastructure.
line 3 (D) The transferred land shall have all of the permits and
line 4 approvals, other than building permits, necessary for the
line 5 development of the very low income housing units on the
line 6 transferred land, not later than the date of approval of the final
line 7 subdivision map, parcel map, or residential development
line 8 application, except that the local government may subject the
line 9 proposed development to subsequent design review to the extent
line 10 authorized by subdivision (i) of Section 65583.2 if the design is
line 11 not reviewed by the local government before the time of transfer.
line 12 (E) The transferred land and the affordable units shall be subject
line 13 to a deed restriction ensuring continued affordability of the units
line 14 consistent with paragraphs (1) and (2) of subdivision (c), which
line 15 shall be recorded on the property at the time of the transfer.
line 16 (F) The land is transferred to the local agency or to a housing
line 17 developer approved by the local agency. The local agency may
line 18 require the applicant to identify and transfer the land to the
line 19 developer.
line 20 (G) The transferred land shall be within the boundary of the
line 21 proposed development or, if the local agency agrees, within
line 22 one-quarter mile of the boundary of the proposed development.
line 23 (H) A proposed source of funding for the very low income units
line 24 shall be identified not later than the date of approval of the final
line 25 subdivision map, parcel map, or residential development
line 26 application.
line 27 (h) (1) When an applicant proposes to construct a housing
line 28 development that conforms to the requirements of subdivision (b)
line 29 and includes a childcare facility that will be located on the premises
line 30 of, as part of, or adjacent to, the project, the city, county, or city
line 31 and county shall grant either of the following:
line 32 (A) An additional density bonus that is an amount of square
line 33 feet of residential space that is equal to or greater than the amount
line 34 of square feet in the childcare facility.
line 35 (B) An additional concession or incentive that contributes
line 36 significantly to the economic feasibility of the construction of the
line 37 childcare facility.
line 38 (2) The city, county, or city and county shall require, as a
line 39 condition of approving the housing development, that the following
line 40 occur:
99
SB 8 — 17 —
line 1 (A) The childcare facility shall remain in operation for a period
line 2 of time that is as long as or longer than the period of time during
line 3 which the density bonus units are required to remain affordable
line 4 pursuant to subdivision (c).
line 5 (B) Of the children who attend the childcare facility, the children
line 6 of very low income households, lower income households, or
line 7 families of moderate income shall equal a percentage that is equal
line 8 to or greater than the percentage of dwelling units that are required
line 9 for very low income households, lower income households, or
line 10 families of moderate income pursuant to subdivision (b).
line 11 (3) Notwithstanding any requirement of this subdivision, a city,
line 12 county, or city and county shall not be required to provide a density
line 13 bonus or concession for a childcare facility if it finds, based upon
line 14 substantial evidence, that the community has adequate childcare
line 15 facilities.
line 16 (4) “Childcare facility,” as used in this section, means a child
line 17 daycare facility other than a family daycare home, including, but
line 18 not limited to, infant centers, preschools, extended daycare
line 19 facilities, and schoolage childcare centers.
line 20 (i) “Housing development,” as used in this section, means a
line 21 development project for five or more residential units, including
line 22 mixed-use developments. For the purposes of this section, “housing
line 23 development” also includes a subdivision or common interest
line 24 development, as defined in Section 4100 of the Civil Code,
line 25 approved by a city, county, or city and county and consists of
line 26 residential units or unimproved residential lots and either a project
line 27 to substantially rehabilitate and convert an existing commercial
line 28 building to residential use or the substantial rehabilitation of an
line 29 existing multifamily dwelling, as defined in subdivision (d) of
line 30 Section 65863.4, where the result of the rehabilitation would be a
line 31 net increase in available residential units. For the purpose of
line 32 calculating a density bonus, the residential units shall be on
line 33 contiguous sites that are the subject of one development
line 34 application, but do not have to be based upon individual
line 35 subdivision maps or parcels. The density bonus shall be permitted
line 36 in geographic areas of the housing development other than the
line 37 areas where the units for the lower income households are located.
line 38 (j) (1) The granting of a concession or incentive shall not require
line 39 or be interpreted, in and of itself, to require a general plan
line 40 amendment, local coastal plan amendment, zoning change, study,
99
— 18 — SB 8
line 1 or other discretionary approval. For purposes of this subdivision,
line 2 “study” does not include reasonable documentation to establish
line 3 eligibility for the concession or incentive or to demonstrate that
line 4 the incentive or concession meets the definition set forth in
line 5 subdivision (k). This provision is declaratory of existing law.
line 6 (2) Except as provided in subdivisions (d) and (e), the granting
line 7 of a density bonus shall not require or be interpreted to require the
line 8 waiver of a local ordinance or provisions of a local ordinance
line 9 unrelated to development standards.
line 10 (k) For the purposes of this chapter, concession or incentive
line 11 means any of the following:
line 12 (1) A reduction in site development standards or a modification
line 13 of zoning code requirements or architectural design requirements
line 14 that exceed the minimum building standards approved by the
line 15 California Building Standards Commission as provided in Part 2.5
line 16 (commencing with Section 18901) of Division 13 of the Health
line 17 and Safety Code, including, but not limited to, a reduction in
line 18 setback and square footage requirements and in the ratio of
line 19 vehicular parking spaces that would otherwise be required that
line 20 results in identifiable and actual cost reductions, to provide for
line 21 affordable housing costs, as defined in Section 50052.5 of the
line 22 Health and Safety Code, or for rents for the targeted units to be
line 23 set as specified in subdivision (c).
line 24 (2) Approval of mixed-use zoning in conjunction with the
line 25 housing project if commercial, office, industrial, or other land uses
line 26 will reduce the cost of the housing development and if the
line 27 commercial, office, industrial, or other land uses are compatible
line 28 with the housing project and the existing or planned development
line 29 in the area where the proposed housing project will be located.
line 30 (3) Other regulatory incentives or concessions proposed by the
line 31 developer or the city, county, or city and county that result in
line 32 identifiable and actual cost reductions to provide for affordable
line 33 housing costs, as defined in Section 50052.5 of the Health and
line 34 Safety Code, or for rents for the targeted units to be set as specified
line 35 in subdivision (c).
line 36 (l) Subdivision (k) does not limit or require the provision of
line 37 direct financial incentives for the housing development, including
line 38 the provision of publicly owned land, by the city, county, or city
line 39 and county, or the waiver of fees or dedication requirements.
99
SB 8 — 19 —
line 1 (m) This section does not supersede or in any way alter or lessen
line 2 the effect or application of the California Coastal Act of 1976
line 3 (Division 20 (commencing with Section 30000) of the Public
line 4 Resources Code). Any density bonus, concessions, incentives,
line 5 waivers or reductions of development standards, and parking ratios
line 6 to which the applicant is entitled under this section shall be
line 7 permitted in a manner that is consistent with this section and
line 8 Division 20 (commencing with Section 30000) of the Public
line 9 Resources Code.
line 10 (n) If permitted by local ordinance, nothing in this section shall
line 11 be construed to prohibit a city, county, or city and county from
line 12 granting a density bonus greater than what is described in this
line 13 section for a development that meets the requirements of this
line 14 section or from granting a proportionately lower density bonus
line 15 than what is required by this section for developments that do not
line 16 meet the requirements of this section.
line 17 (o) For purposes of this section, the following definitions shall
line 18 apply:
line 19 (1) “Development standard” includes a site or construction
line 20 condition, including, but not limited to, a height limitation, a
line 21 setback requirement, a floor area ratio, an onsite open-space open
line 22 space requirement, or a parking ratio that applies to a residential
line 23 development pursuant to any ordinance, general plan element,
line 24 specific plan, charter, or other local condition, law, policy,
line 25 resolution, or regulation.
line 26 (2) “Located within one-half mile of a major transit stop” means
line 27 that any point on a proposed development, for which an applicant
line 28 seeks a density bonus, other incentives or concessions, waivers or
line 29 reductions of development standards, or a vehicular parking ratio
line 30 pursuant to this section, is within one-half mile of any point on
line 31 the property on which a major transit stop is located, including
line 32 any parking lot owned by the transit authority or other local agency
line 33 operating the major transit stop.
line 34 (3) “Major transit stop” has the same meaning as defined in
line 35 subdivision (b) of Section 21155 of the Public Resources Code.
line 36 (4) “Maximum allowable residential density” means the density
line 37 allowed under the zoning ordinance and land use element of the
line 38 general plan, or, if a range of density is permitted, means the
line 39 maximum allowable density for the specific zoning range and land
line 40 use element of the general plan applicable to the project. If the
99
— 20 — SB 8
line 1 density allowed under the zoning ordinance is inconsistent with
line 2 the density allowed under the land use element of the general plan,
line 3 the general plan density shall prevail.
line 4 (p) (1) Except as provided in paragraphs (2), (3), and (4), upon
line 5 the request of the developer, a city, county, or city and county shall
line 6 not require a vehicular parking ratio, inclusive of parking for
line 7 persons with a disability and guests, of a development meeting the
line 8 criteria of subdivisions (b) and (c), that exceeds the following
line 9 ratios:
line 10 (A) Zero to one bedroom: one onsite parking space.
line 11 (B) Two to three bedrooms: one and one-half onsite parking
line 12 spaces.
line 13 (C) Four and more bedrooms: two and one-half parking spaces.
line 14 (2) (A) Notwithstanding paragraph (1), if a development
line 15 includes at least 20 percent low-income units for housing
line 16 developments meeting the criteria of subparagraph (A) of paragraph
line 17 (1) of subdivision (b) or at least 11 percent very low income units
line 18 for housing developments meeting the criteria of subparagraph
line 19 (B) of paragraph (1) of subdivision (b), is located within one-half
line 20 mile of a major transit stop, and there is unobstructed access to
line 21 the major transit stop from the development, then, upon the request
line 22 of the developer, a city, county, or city and county shall not impose
line 23 a vehicular parking ratio, inclusive of parking for persons with a
line 24 disability and guests, that exceeds 0.5 spaces per unit.
line 25 (B) For purposes of this subdivision, a development shall have
line 26 unobstructed access to a major transit stop if a resident is able to
line 27 access the major transit stop without encountering natural or
line 28 constructed impediments. For purposes of this subparagraph,
line 29 “natural or constructed impediments” includes, but is not limited
line 30 to, freeways, rivers, mountains, and bodies of water, but does not
line 31 include residential structures, shopping centers, parking lots, or
line 32 rails used for transit.
line 33 (3) Notwithstanding paragraph (1), if a development consists
line 34 solely of rental units, exclusive of a manager’s unit or units, with
line 35 an affordable housing cost to lower income families, as provided
line 36 in Section 50052.5 of the Health and Safety Code, then, upon the
line 37 request of the developer, a city, county, or city and county shall
line 38 not impose vehicular parking standards if the development meets
line 39 either of the following criteria:
99
SB 8 — 21 —
line 1 (A) The development is located within one-half mile of a major
line 2 transit stop and there is unobstructed access to the major transit
line 3 stop from the development.
line 4 (B) The development is a for-rent housing development for
line 5 individuals who are 62 years of age or older that complies with
line 6 Sections 51.2 and 51.3 of the Civil Code and the development has
line 7 either paratransit service or unobstructed access, within one-half
line 8 mile, to fixed bus route service that operates at least eight times
line 9 per day.
line 10 (4) Notwithstanding paragraphs (1) and (8), if a development
line 11 consists solely of rental units, exclusive of a manager’s unit or
line 12 units, with an affordable housing cost to lower income families,
line 13 as provided in Section 50052.5 of the Health and Safety Code, and
line 14 the development is either a special needs housing development,
line 15 as defined in Section 51312 of the Health and Safety Code, or a
line 16 supportive housing development, as defined in Section 50675.14
line 17 of the Health and Safety Code, then, upon the request of the
line 18 developer, a city, county, or city and county shall not impose any
line 19 minimum vehicular parking requirement. A development that is
line 20 a special needs housing development shall have either paratransit
line 21 service or unobstructed access, within one-half mile, to fixed bus
line 22 route service that operates at least eight times per day.
line 23 (5) If the total number of parking spaces required for a
line 24 development is other than a whole number, the number shall be
line 25 rounded up to the next whole number. For purposes of this
line 26 subdivision, a development may provide onsite parking through
line 27 tandem parking or uncovered parking, but not through onstreet
line 28 parking.
line 29 (6) This subdivision shall apply to a development that meets
line 30 the requirements of subdivisions (b) and (c), but only at the request
line 31 of the applicant. An applicant may request parking incentives or
line 32 concessions beyond those provided in this subdivision pursuant
line 33 to subdivision (d).
line 34 (7) This subdivision does not preclude a city, county, or city
line 35 and county from reducing or eliminating a parking requirement
line 36 for development projects of any type in any location.
line 37 (8) Notwithstanding paragraphs (2) and (3), if a city, county,
line 38 city and county, or an independent consultant has conducted an
line 39 areawide or jurisdictionwide parking study in the last seven years,
line 40 then the city, county, or city and county may impose a higher
99
— 22 — SB 8
line 1 vehicular parking ratio not to exceed the ratio described in
line 2 paragraph (1), based upon substantial evidence found in the parking
line 3 study, that includes, but is not limited to, an analysis of parking
line 4 availability, differing levels of transit access, walkability access
line 5 to transit services, the potential for shared parking, the effect of
line 6 parking requirements on the cost of market-rate and subsidized
line 7 developments, and the lower rates of car ownership for low-income
line 8 and very low income individuals, including seniors and special
line 9 needs individuals. The city, county, or city and county shall pay
line 10 the costs of any new study. The city, county, or city and county
line 11 shall make findings, based on a parking study completed in
line 12 conformity with this paragraph, supporting the need for the higher
line 13 parking ratio.
line 14 (9) A request pursuant to this subdivision shall neither reduce
line 15 nor increase the number of incentives or concessions to which the
line 16 applicant is entitled pursuant to subdivision (d).
line 17 (q) Each component of any density calculation, including base
line 18 density and bonus density, resulting in fractional units shall be
line 19 separately rounded up to the next whole number. The Legislature
line 20 finds and declares that this provision is declaratory of existing law.
line 21 (r) This chapter shall be interpreted liberally in favor of
line 22 producing the maximum number of total housing units.
line 23 (s) Notwithstanding any other law, if a city, including a charter
line 24 city, county, or city and county has adopted an ordinance or a
line 25 housing program, or both an ordinance and a housing program,
line 26 that incentivizes the development of affordable housing that allows
line 27 for density bonuses that exceed the density bonuses required by
line 28 the version of this section effective through December 31, 2020,
line 29 that city, county, or city and county is not required to amend or
line 30 otherwise update its ordinance or corresponding affordable housing
line 31 incentive program to comply with the amendments made to this
line 32 section by the act adding this subdivision, and is exempt from
line 33 complying with the incentive and concession calculation
line 34 amendments made to this section by the act adding this subdivision
line 35 as set forth in subdivision (d), particularly subparagraphs (C) and
line 36 (D) of paragraph (2) of that subdivision, and the amendments made
line 37 to the density tables under subdivision (f).
O
99
SB 8 — 23 —
SENATE BILL No. 9
Introduced by Senators Atkins, Caballero, Rubio, and Wiener
(Coauthors: Senators Gonzalez and McGuire)
(Coauthor: Assembly Member Robert Rivas)
December 7, 2020
An act to amend Section 66452.6 of, and to add Sections 65852.21
and 66411.7 to, the Government Code, relating to land use.
legislative counsel’s digest
SB 9, as introduced, Atkins. Housing development: approvals.
The Planning and Zoning Law 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.
This bill, among other things, would require a proposed housing
development containing 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, including, but not limited to, that the proposed housing
development would not require demolition or alteration of housing that
is subject to a recorded covenant, ordinance, or law that restricts rents
to levels affordable to persons and families of moderate, low, or very
low income, that the proposed housing development does not allow for
the demolition of more than 25% of the existing exterior structural
walls, except as provided, and that the development is not located within
a historic district, is not included on the State Historic Resources
Inventory, or is not within a site that is legally designated or listed as
a city or county landmark or historic property or district.
The bill would set forth what a local agency can and cannot require
in approving the construction of 2 residential units, including, but not
99
limited to, authorizing a city or county to impose objective zoning
standards, objective subdivision standards, and objective design
standards, as defined, unless those standards would have the effect of
physically precluding the construction of up to 2 units, prohibiting the
imposition of setback requirements under certain circumstances, and
setting maximum setback requirements under all other circumstances.
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.
Under the Subdivision Map Act, an approved or conditionally approved
tentative map expires 24 months after its approval or conditional
approval or after any additional period of time as prescribed by local
ordinance, not to exceed an additional 12 months, except as provided.
This bill, among other things, would require a city or county to
ministerially approve a parcel map or tentative and final map for an
urban lot split that meets certain requirements, including, but not limited
to, that the urban lot split would not require the demolition or alteration
of housing that is subject to a recorded covenant, ordinance, or law that
restricts rents to levels affordable to persons and families of moderate,
low, or very low income, that the parcel is located within a residential
zone, and that the parcel is not located within a historic district, is not
included on the State Historic Resources Inventory, or is not within a
site that is legally designated or listed as a city or county landmark or
historic property or district.
The bill would set forth what a local agency can and cannot require
in approving an urban lot split, including, but not limited to, authorizing
a city or county to impose objective zoning standards, objective
subdivision standards, and objective design standards, as defined, unless
those standards would have the effect of physically precluding the
construction of 2 units on either of the resulting parcels, prohibiting the
imposition of setback requirements under certain circumstances, and
setting maximum setback requirements under all other circumstances.
The bill would also extend the limit on the additional period that may
be provided by ordinance, as described above, from 12 months to 24
months and would make other conforming or nonsubstantive changes.
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
99
— 2 — SB 9
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 ministerial review processes described
above, would thereby exempt the approval of projects subject to those
processes from CEQA.
The California Coastal Act of 1976 provides for the planning and
regulation of development, under a coastal development permit process,
within the coastal zone, as defined, that shall be based on various coastal
resources planning and management policies set forth in the act.
This bill would exempt a local government from being required to
hold public hearings for coastal development permit applications for
housing developments and urban lot splits pursuant to the above
provisions.
By increasing the duties of local agencies with respect to land use
regulations, the bill would impose a state-mandated local program.
The bill would include findings that changes proposed by this bill
address a matter of statewide concern rather than a municipal affair
and, therefore, apply to all cities, including charter cities.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act
for 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:
line 1 SECTION 1. Section 65852.21 is added to the Government
line 2 Code, to read:
line 3 65852.21. (a) A proposed housing development containing
line 4 two residential units within a single-family residential zone shall
line 5 be considered ministerially, without discretionary review or a
line 6 hearing, if the proposed housing development meets all of the
line 7 following requirements:
line 8 (1) The parcel subject to the proposed housing development is
line 9 located within a city the boundaries of which include some portion
line 10 of either an urbanized area or urban cluster, as designated by the
line 11 United States Census Bureau, or, for unincorporated areas, a legal
99
SB 9 — 3 —
line 1 parcel wholly within the boundaries of an urbanized area or urban
line 2 cluster, as designated by the United States Census Bureau.
line 3 (2) The parcel satisfies the requirements specified in
line 4 subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision
line 5 (a) of Section 65913.4.
line 6 (3) Notwithstanding any provision of this section or any local
line 7 law, the proposed housing development would not require
line 8 demolition or alteration of any of the following types of housing:
line 9 (A) Housing that is subject to a recorded covenant, ordinance,
line 10 or law that restricts rents to levels affordable to persons and
line 11 families of moderate, low, or very low income.
line 12 (B) Housing that is subject to any form of rent or price control
line 13 through a public entity’s valid exercise of its police power.
line 14 (C) Housing that has been occupied by a tenant in the last three
line 15 years.
line 16 (4) The parcel subject to the proposed housing development is
line 17 not a parcel on which an owner of residential real property has
line 18 exercised the owner’s rights under Chapter 12.75 (commencing
line 19 with Section 7060) of Division 7 of Title 1 to withdraw
line 20 accommodations from rent or lease within 15 years before the date
line 21 that the development proponent submits an application.
line 22 (5) The proposed housing development does not allow the
line 23 demolition of more than 25 percent of the existing exterior
line 24 structural walls, unless the housing development meets at least
line 25 one of the following conditions:
line 26 (A) If a local ordinance so allows.
line 27 (B) The site has not been occupied by a tenant in the last three
line 28 years.
line 29 (6) The development is not located within a historic district or
line 30 property included on the State Historic Resources Inventory, as
line 31 defined in Section 5020.1 of the Public Resources Code, or within
line 32 a site that is designated or listed as a city or county landmark or
line 33 historic property or district pursuant to a city or county ordinance.
line 34 (b) (1) Notwithstanding any local law and except as provided
line 35 in paragraph (2), a city or county may impose objective zoning
line 36 standards, objective subdivision standards, and objective design
line 37 review standards that do not conflict with this section.
line 38 (2) (A) The city or county shall not impose objective zoning
line 39 standards, objective subdivision standards, and objective design
99
— 4 — SB 9
line 1 standards that would have the effect of physically precluding the
line 2 construction of up to two units.
line 3 (B) (i) Notwithstanding subparagraph (A), no setback shall be
line 4 required for an existing structure or a structure constructed in the
line 5 same location and to the same dimensions as an existing structure.
line 6 (ii) Notwithstanding subparagraph (A), in all other circumstances
line 7 not described in clause (i), a local government may require a
line 8 setback of up to four feet from the side and rear lot lines.
line 9 (c) In addition to any conditions established in accordance with
line 10 subdivision (b), a local agency may require any of the following
line 11 conditions when considering an application for two residential
line 12 units as provided for in this section:
line 13 (1) Off-street parking of up to one space per unit, except that a
line 14 local agency shall not impose parking requirements in either of
line 15 the following instances:
line 16 (A) The parcel is located within one-half mile walking distance
line 17 of either a high-quality transit corridor, as defined in subdivision
line 18 (b) of Section 21155 of the Public Resources Code, or a major
line 19 transit stop, as defined in Section 21064.3 of the Public Resources
line 20 Code.
line 21 (B) There is a car share vehicle located within one block of the
line 22 parcel.
line 23 (2) For residential units connected to an onsite wastewater
line 24 treatment system, a percolation test completed within the last five
line 25 years, or, if the percolation test has been recertified, within the last
line 26 10 years.
line 27 (d) A local agency shall require that a rental of any unit created
line 28 pursuant to this section be for a term longer than 30 days.
line 29 (e) Notwithstanding Section 65852.2, a local agency shall not
line 30 be required to permit an accessory dwelling unit on parcels that
line 31 use both the authority contained within this section and the
line 32 authority contained in Section 66411.7.
line 33 (f) Notwithstanding subparagraph (B) of paragraph (2) of
line 34 subdivision (b), an application shall not be rejected solely because
line 35 it proposes adjacent or connected structures provided that the
line 36 structures meet building code safety standards and are sufficient
line 37 to allow separate conveyance.
line 38 (g) Local agencies shall include units constructed pursuant to
line 39 this section in the annual housing element report as required by
99
SB 9 — 5 —
line 1 subparagraph (I) of paragraph (2) of subdivision (a) of Section
line 2 65400.
line 3 (h) For purposes of this section, all of the following apply:
line 4 (1) A housing development contains two residential units if the
line 5 development proposes two new units or if it proposes to add one
line 6 new unit to an existing unit.
line 7 (2) The terms “objective zoning standards,” “objective
line 8 subdivision standards,” and “objective design review standards”
line 9 mean standards that involve no personal or subjective judgment
line 10 by a public official and are uniformly verifiable by reference to
line 11 an external and uniform benchmark or criterion available and
line 12 knowable by both the development applicant or proponent and the
line 13 public official prior to submittal. These standards may be embodied
line 14 in alternative objective land use specifications adopted by a city
line 15 or county, and may include, but are not limited to, housing overlay
line 16 zones, specific plans, inclusionary zoning ordinances, and density
line 17 bonus ordinances.
line 18 (i) A local agency may adopt an ordinance to implement the
line 19 provisions of this section. An ordinance adopted to implement this
line 20 section shall not be considered a project under Division 13
line 21 (commencing with Section 21000) of the Public Resources Code.
line 22 (j) Nothing in this section shall be construed to supersede or in
line 23 any way alter or lessen the effect or application of the California
line 24 Coastal Act of 1976 (Division 20 (commencing with Section
line 25 30000) of the Public Resources Code), except that the local
line 26 government shall not be required to hold public hearings for coastal
line 27 development permit applications for a housing development
line 28 pursuant to this section.
line 29 SEC. 2. Section 66411.7 is added to the Government Code, to
line 30 read:
line 31 66411.7. (a) Notwithstanding any other provision of this
line 32 division and any local law, a city or county shall ministerially
line 33 approve, as set forth in this section, a parcel map or tentative and
line 34 final map for an urban lot split that meets all the following
line 35 requirements:
line 36 (1) The parcel map or tentative and final map subdivides an
line 37 existing parcel to create two new parcels of equal size.
line 38 (2) (A) Except as provided in subparagraph (B), both newly
line 39 created parcels are no smaller than 1,200 square feet.
99
— 6 — SB 9
line 1 (B) A local agency may by ordinance adopt a smaller minimum
line 2 lot size subject to ministerial approval under this subdivision.
line 3 (3) The parcel being subdivided meets all the following
line 4 requirements:
line 5 (A) The parcel is located within a residential zone.
line 6 (B) The parcel subject to the proposed urban lot split is located
line 7 within a city the boundaries of which include some portion of
line 8 either an urbanized area or urban cluster, as designated by the
line 9 United States Census Bureau, or, for unincorporated areas, a legal
line 10 parcel wholly within the boundaries of an urbanized area or urban
line 11 cluster, as designated by the United States Census Bureau.
line 12 (C) The parcel satisfies the requirements specified in
line 13 subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision
line 14 (a) of Section 65913.4.
line 15 (D) The proposed urban lot split would not require demolition
line 16 or alteration of any of the following types of housing:
line 17 (i) Housing that is subject to a recorded covenant, ordinance,
line 18 or law that restricts rents to levels affordable to persons and
line 19 families of moderate, low, or very low income.
line 20 (ii) Housing that is subject to any form of rent or price control
line 21 through a public entity’s valid exercise of its police power.
line 22 (iii) A parcel or parcels on which an owner of residential real
line 23 property has exercised the owner’s rights under Chapter 12.75
line 24 (commencing with Section 7060) of Division 7 of Title 1 to
line 25 withdraw accommodations from rent or lease within 15 years
line 26 before the date that the development proponent submits an
line 27 application.
line 28 (iv) Housing that has been occupied by a tenant in the last three
line 29 years.
line 30 (E) The parcel is not located within a historic district or property
line 31 included on the State Historic Resources Inventory, as defined in
line 32 Section 5020.1 of the Public Resources Code, or within a site that
line 33 is designated or listed as a city or county landmark or historic
line 34 property or district pursuant to a city or county ordinance.
line 35 (F) The parcel has not been established through prior exercise
line 36 of an urban lot split as provided for in this section.
line 37 (G) Neither the owner of the parcel being subdivided nor any
line 38 person acting in concert with the owner has previously subdivided
line 39 an adjacent parcel using an urban lot split as provided for in this
line 40 section.
99
SB 9 — 7 —
line 1 (b) An application for an urban lot split shall be approved in
line 2 accordance with the following requirements:
line 3 (1) A local agency shall approve or deny an application for an
line 4 urban lot split ministerially without discretionary review.
line 5 (2) A local agency shall approve an urban lot split only if it
line 6 conforms to all applicable objective requirements of the
line 7 Subdivision Map Act (Division 2 (commencing with Section
line 8 66410)), except as otherwise expressly provided in this section.
line 9 (3) Notwithstanding Section 66411.1, a local agency shall not
line 10 impose regulations that require dedications of rights-of-way or the
line 11 construction of offsite improvements for the parcels being created
line 12 as a condition of issuing a parcel map or tentative and final map
line 13 for an urban lot split.
line 14 (c) (1) Except as provided in paragraph (2), notwithstanding
line 15 any local law, a city or county may impose objective zoning
line 16 standards, objective subdivision standards, and objective design
line 17 review standards applicable to a parcel created by an urban lot
line 18 split that do not conflict with this section.
line 19 (2) A local agency shall not impose objective zoning standards,
line 20 objective subdivision standards, and objective design review
line 21 standards that would have the effect of physically precluding the
line 22 construction of two units on either of the resulting parcels.
line 23 (3) (A) Notwithstanding paragraph (2), no setback shall be
line 24 required for an existing structure or a structure constructed in the
line 25 same location and to the same dimensions as an existing structure.
line 26 (B) Notwithstanding paragraph (2), in all other circumstances
line 27 not described in subparagraph (A), a local government may require
line 28 a setback of up to four feet from the side and rear lot lines.
line 29 (d) In addition to any conditions established in accordance with
line 30 subdivision (c), a local agency may require any of the following
line 31 conditions when considering an application for an urban lot split:
line 32 (1) Easements required for the provision of public services and
line 33 facilities.
line 34 (2) A requirement that the parcels have access to, provide access
line 35 to, or adjoin the public right-of-way.
line 36 (3) Off-street parking of up to one space per unit, except that a
line 37 local agency shall not impose parking requirements in either of
line 38 the following instances:
line 39 (A) The parcel is located within one-half mile walking distance
line 40 of either a high-quality transit corridor as defined in subdivision
99
— 8 — SB 9
line 1 (b) of Section 21155 of the Public Resources Code, or a major
line 2 transit stop as defined in Section 21064.3 of the Public Resources
line 3 Code.
line 4 (B) There is a car share vehicle located within one block of the
line 5 parcel.
line 6 (e) A local agency shall require that the uses allowed on a lot
line 7 created by this section be limited to residential uses.
line 8 (f) A local agency shall require that a rental of any unit created
line 9 pursuant to this section be for a term longer than 30 days.
line 10 (g) A local agency shall not require, as a condition for ministerial
line 11 approval of a permit application for the creation of an urban lot
line 12 split, the correction of nonconforming zoning conditions.
line 13 (h) Notwithstanding Section 65852.2, a local agency shall not
line 14 be required to permit an accessory dwelling unit on parcels that
line 15 use both the authority contained within this section and the
line 16 authority contained in Section 65852.21.
line 17 (i) Notwithstanding paragraph (3) of subdivision (c), an
line 18 application shall not be rejected solely because it proposes adjacent
line 19 or connected structures provided that the structures meet building
line 20 code safety standards and are sufficient to allow separate
line 21 conveyance.
line 22 (j) Local agencies shall include the number of applications for
line 23 urban lot splits pursuant to this section in the annual housing
line 24 element report as required by subparagraph (I) of paragraph (2)
line 25 of subdivision (a) of Section 65400.
line 26 (k) For purposes of this section, the terms “objective zoning
line 27 standards,” “objective subdivision standards,” and “objective
line 28 design review standards” mean standards that involve no personal
line 29 or subjective judgment by a public official and are uniformly
line 30 verifiable by reference to an external and uniform benchmark or
line 31 criterion available and knowable by both the development applicant
line 32 or proponent and the public official prior to submittal. These
line 33 standards may be embodied in alternative objective land use
line 34 specifications adopted by a city or county, and may include, but
line 35 are not limited to, housing overlay zones, specific plans,
line 36 inclusionary zoning ordinances, and density bonus ordinances.
line 37 (l) A local agency may adopt an ordinance to implement the
line 38 provisions of this section. An ordinance adopted to implement this
line 39 section shall not be considered a project under Division 13
line 40 (commencing with Section 21000) of the Public Resources Code.
99
SB 9 — 9 —
line 1 (m) Nothing in this section shall be construed to supersede or
line 2 in any way alter or lessen the effect or application of the California
line 3 Coastal Act of 1976 (Division 20 (commencing with Section
line 4 30000) of the Public Resources Code), except that the local
line 5 government shall not be required to hold public hearings for coastal
line 6 development permit applications for urban lot splits pursuant to
line 7 this section.
line 8 SEC. 3. Section 66452.6 of the Government Code is amended
line 9 to read:
line 10 66452.6. (a) (1) An approved or conditionally approved
line 11 tentative map shall expire 24 months after its approval or
line 12 conditional approval, or after any additional period of time as may
line 13 be prescribed by local ordinance, not to exceed an additional 12
line 14 24 months. However, if the subdivider is required to expend two
line 15 hundred thirty-six thousand seven hundred ninety dollars
line 16 ($236,790) or more to construct, improve, or finance the
line 17 construction or improvement of public improvements outside the
line 18 property boundaries of the tentative map, excluding improvements
line 19 of public rights-of-way which that abut the boundary of the
line 20 property to be subdivided and which that are reasonably related
line 21 to the development of that property, each filing of a final map
line 22 authorized by Section 66456.1 shall extend the expiration of the
line 23 approved or conditionally approved tentative map by 36 48 months
line 24 from the date of its expiration, as provided in this section, or the
line 25 date of the previously filed final map, whichever is later. The
line 26 extensions shall not extend the tentative map more than 10 years
line 27 from its approval or conditional approval. However, a tentative
line 28 map on property subject to a development agreement authorized
line 29 by Article 2.5 (commencing with Section 65864) of Chapter 4 of
line 30 Division 1 may be extended for the period of time provided for in
line 31 the agreement, but not beyond the duration of the agreement. The
line 32 number of phased final maps that may be filed shall be determined
line 33 by the advisory agency at the time of the approval or conditional
line 34 approval of the tentative map.
line 35 (2) Commencing January 1, 2012, and each calendar year
line 36 thereafter, the amount of two hundred thirty-six thousand seven
line 37 hundred ninety dollars ($236,790) shall be annually increased by
line 38 operation of law according to the adjustment for inflation set forth
line 39 in the statewide cost index for class B construction, as determined
line 40 by the State Allocation Board at its January meeting. The effective
99
— 10 — SB 9
line 1 date of each annual adjustment shall be March 1. The adjusted
line 2 amount shall apply to tentative and vesting tentative maps whose
line 3 applications were received after the effective date of the
line 4 adjustment.
line 5 (3) “Public improvements,” as used in this subdivision, include
line 6 traffic controls, streets, roads, highways, freeways, bridges,
line 7 overcrossings, street interchanges, flood control or storm drain
line 8 facilities, sewer facilities, water facilities, and lighting facilities.
line 9 (b) (1) The period of time specified in subdivision (a), including
line 10 any extension thereof granted pursuant to subdivision (e), shall
line 11 not include any period of time during which a development
line 12 moratorium, imposed after approval of the tentative map, is in
line 13 existence. However, the length of the moratorium shall not exceed
line 14 five years.
line 15 (2) The length of time specified in paragraph (1) shall be
line 16 extended for up to three years, but in no event beyond January 1,
line 17 1992, during the pendency of any lawsuit in which the subdivider
line 18 asserts, and the local agency which that approved or conditionally
line 19 approved the tentative map denies, the existence or application of
line 20 a development moratorium to the tentative map.
line 21 (3) Once a development moratorium is terminated, the map
line 22 shall be valid for the same period of time as was left to run on the
line 23 map at the time that the moratorium was imposed. However, if the
line 24 remaining time is less than 120 days, the map shall be valid for
line 25 120 days following the termination of the moratorium.
line 26 (c) The period of time specified in subdivision (a), including
line 27 any extension thereof granted pursuant to subdivision (e), shall
line 28 not include the period of time during which a lawsuit involving
line 29 the approval or conditional approval of the tentative map is or was
line 30 pending in a court of competent jurisdiction, if the stay of the time
line 31 period is approved by the local agency pursuant to this section.
line 32 After service of the initial petition or complaint in the lawsuit upon
line 33 the local agency, the subdivider may apply to the local agency for
line 34 a stay pursuant to the local agency’s adopted procedures. Within
line 35 40 days after receiving the application, the local agency shall either
line 36 stay the time period for up to five years or deny the requested stay.
line 37 The local agency may, by ordinance, establish procedures for
line 38 reviewing the requests, including, but not limited to, notice and
line 39 hearing requirements, appeal procedures, and other administrative
line 40 requirements.
99
SB 9 — 11 —
line 1 (d) The expiration of the approved or conditionally approved
line 2 tentative map shall terminate all proceedings and no final map or
line 3 parcel map of all or any portion of the real property included within
line 4 the tentative map shall be filed with the legislative body without
line 5 first processing a new tentative map. Once a timely filing is made,
line 6 subsequent actions of the local agency, including, but not limited
line 7 to, processing, approving, and recording, may lawfully occur after
line 8 the date of expiration of the tentative map. Delivery to the county
line 9 surveyor or city engineer shall be deemed a timely filing for
line 10 purposes of this section.
line 11 (e) Upon application of the subdivider filed prior to before the
line 12 expiration of the approved or conditionally approved tentative
line 13 map, the time at which the map expires pursuant to subdivision
line 14 (a) may be extended by the legislative body or by an advisory
line 15 agency authorized to approve or conditionally approve tentative
line 16 maps for a period or periods not exceeding a total of six years. The
line 17 period of extension specified in this subdivision shall be in addition
line 18 to the period of time provided by subdivision (a). Prior to Before
line 19 the expiration of an approved or conditionally approved tentative
line 20 map, upon an application by the subdivider to extend that map,
line 21 the map shall automatically be extended for 60 days or until the
line 22 application for the extension is approved, conditionally approved,
line 23 or denied, whichever occurs first. If the advisory agency denies a
line 24 subdivider’s application for an extension, the subdivider may
line 25 appeal to the legislative body within 15 days after the advisory
line 26 agency has denied the extension.
line 27 (f) For purposes of this section, a development moratorium
line 28 includes a water or sewer moratorium, or a water and sewer
line 29 moratorium, as well as other actions of public agencies which that
line 30 regulate land use, development, or the provision of services to the
line 31 land, including the public agency with the authority to approve or
line 32 conditionally approve the tentative map, which thereafter prevents,
line 33 prohibits, or delays the approval of a final or parcel map. A
line 34 development moratorium shall also be deemed to exist for purposes
line 35 of this section for any period of time during which a condition
line 36 imposed by the city or county could not be satisfied because of
line 37 either of the following:
line 38 (1) The condition was one that, by its nature, necessitated action
line 39 by the city or county, and the city or county either did not take the
line 40 necessary action or by its own action or inaction was prevented or
99
— 12 — SB 9
line 1 delayed in taking the necessary action prior to before expiration
line 2 of the tentative map.
line 3 (2) The condition necessitates acquisition of real property or
line 4 any interest in real property from a public agency, other than the
line 5 city or county that approved or conditionally approved the tentative
line 6 map, and that other public agency fails or refuses to convey the
line 7 property interest necessary to satisfy the condition. However,
line 8 nothing in this subdivision shall be construed to require any public
line 9 agency to convey any interest in real property owned by it. A
line 10 development moratorium specified in this paragraph shall be
line 11 deemed to have been imposed either on the date of approval or
line 12 conditional approval of the tentative map, if evidence was included
line 13 in the public record that the public agency which that owns or
line 14 controls the real property or any interest therein may refuse to
line 15 convey that property or interest, or on the date that the public
line 16 agency which that owns or controls the real property or any interest
line 17 therein receives an offer by the subdivider to purchase that property
line 18 or interest for fair market value, whichever is later. A development
line 19 moratorium specified in this paragraph shall extend the tentative
line 20 map up to the maximum period as set forth in subdivision (b), but
line 21 not later than January 1, 1992, so long as the public agency which
line 22 that owns or controls the real property or any interest therein fails
line 23 or refuses to convey the necessary property interest, regardless of
line 24 the reason for the failure or refusal, except that the development
line 25 moratorium shall be deemed to terminate 60 days after the public
line 26 agency has officially made, and communicated to the subdivider,
line 27 a written offer or commitment binding on the agency to convey
line 28 the necessary property interest for a fair market value, paid in a
line 29 reasonable time and manner.
line 30 SEC. 4. The Legislature finds and declares that ensuring access
line 31 to affordable housing is a matter of statewide concern and not a
line 32 municipal affair as that term is used in Section 5 of Article XI of
line 33 the California Constitution. Therefore, Sections 1 and 2 of this act
line 34 adding Sections 65852.21 and 66411.7 to the Government Code
line 35 and Section 3 of this act amending Section 66452.6 of the
line 36 Government Code apply to all cities, including charter cities.
line 37 SEC. 5. No reimbursement is required by this act pursuant to
line 38 Section 6 of Article XIIIB of the California Constitution because
line 39 a local agency or school district has the authority to levy service
line 40 charges, fees, or assessments sufficient to pay for the program or
99
SB 9 — 13 —
line 1 level of service mandated by this act, within the meaning of Section
line 2 17556 of the Government Code.
O
99
— 14 — SB 9
SENATE BILL No. 10
Introduced by Senator Wiener
(Principal coauthors: Senators Atkins and Caballero)
(Principal coauthor: Assembly Member Robert Rivas)
December 7, 2020
An act to add Section 65913.5 to the Government Code, relating to
land use.
legislative counsel’s digest
SB 10, as introduced, Wiener. Planning and zoning: housing
development: density.
The Planning and Zoning Law requires a city or county to adopt a
general plan for land use development within its boundaries that
includes, among other things, a housing element. Existing law requires
an attached housing development to be a permitted use, not subject to
a conditional use permit, on any parcel zoned for multifamily housing
if at least certain percentages of the units are available at affordable
housing costs to very low income, lower income, and moderate-income
households for at least 30 years and if the project meets specified
conditions relating to location and being subject to a discretionary
decision other than a conditional use permit. Existing law provides for
various incentives intended to facilitate and expedite the construction
of affordable housing.
This bill would, notwithstanding any local restrictions on adopting
zoning ordinances, authorize a local government to pass an ordinance
to zone any parcel for up to 10 units of residential density per parcel,
at a height specified in the ordinance, if the parcel is located in a
transit-rich area, a jobs-rich area, or an urban infill site, as those terms
are defined. In this regard, the bill would require the Department of
Housing and Community Development, in consultation with the Office
99
of Planning and Research, to determine jobs-rich areas and publish a
map of those areas every 5 years, commencing January 1, 2022, based
on specified criteria. The bill would specify that an ordinance adopted
under these provisions is not a project for purposes of the California
Environmental Quality Act. The bill would prohibit a residential or
mixed-use residential project consisting of 10 or more units that is
located on a parcel rezoned pursuant to these provisions from being
approved ministerially or by right.
This bill would include findings that changes proposed by this bill
address a matter of statewide concern rather than a municipal affair
and, therefore, apply to all cities, including charter cities.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 65913.5 is added to the Government
line 2 Code, to read:
line 3 65913.5. (a) (1) Notwithstanding any local restrictions on
line 4 adopting zoning ordinances enacted by the jurisdiction, including
line 5 restrictions enacted by a local voter initiative, that limit the
line 6 legislative body’s ability to adopt zoning ordinances, a local
line 7 government may pass an ordinance to zone a parcel for up to 10
line 8 units of residential density per parcel, at a height specified by the
line 9 local government in the ordinance, if the parcel is located in one
line 10 of the following:
line 11 (A) A transit-rich area.
line 12 (B) A jobs-rich area.
line 13 (C) An urban infill site.
line 14 (2) An ordinance adopted in accordance with this subdivision
line 15 shall not constitute a “project” for purposes of Division 13
line 16 (commencing with Section 21000) of the Public Resources Code.
line 17 (3) Paragraph (1) shall not apply to parcels located within a very
line 18 high fire hazard severity zone, as determined by the Department
line 19 of Forestry and Fire Protection pursuant to Section 51178, or within
line 20 a high or very high fire hazard severity zone as indicated on maps
line 21 adopted by the Department of Forestry and Fire Protection pursuant
line 22 to Section 4202 of the Public Resources Code. This paragraph
line 23 does not apply to parcels excluded from the specified hazard zones
line 24 by a local agency pursuant to subdivision (b) of Section 51179, or
99
— 2 — SB 10
line 1 sites that have adopted fire hazard mitigation measures pursuant
line 2 to existing building standards or state fire mitigation measures
line 3 applicable to the development.
line 4 (b) (1) Notwithstanding any other law, a residential or
line 5 mixed-use residential project consisting of more than 10 new
line 6 residential units on one or more parcels that have been zoned to
line 7 permit residential development pursuant to this section shall not
line 8 be approved ministerially or by right, and shall not be exempt from
line 9 Division 13 (commencing with Section 21000) of the Public
line 10 Resources Code.
line 11 (2) Paragraph (1) shall not apply to a project to create no more
line 12 than two accessory dwelling units and no more than two junior
line 13 accessory dwelling units per parcel pursuant to Sections 65852.2
line 14 and 65852.22 of the Government Code.
line 15 (3) A project may not be divided into smaller projects in order
line 16 to exclude the project from the prohibition in this subdivision.
line 17 (c) For purposes of this section:
line 18 (1) “High-quality bus corridor” means a corridor with fixed
line 19 route bus service that meets all of the following criteria:
line 20 (A) It has average service intervals of no more than 15 minutes
line 21 during the three peak hours between 6 a.m. to 10 a.m., inclusive,
line 22 and the three peak hours between 3 p.m. and 7 p.m., inclusive, on
line 23 Monday through Friday.
line 24 (B) It has average service intervals of no more than 20 minutes
line 25 during the hours of 6 a.m. to 10 a.m., inclusive, on Monday through
line 26 Friday.
line 27 (C) It has average intervals of no more than 30 minutes during
line 28 the hours of 8 a.m. to 10 p.m., inclusive, on Saturday and Sunday.
line 29 (2) (A) “Jobs-rich area” means an area identified by the
line 30 Department of Housing and Community Development in
line 31 consultation with the Office of Planning and Research that is high
line 32 opportunity and either is jobs rich or would enable shorter commute
line 33 distances based on whether, in a regional analysis, the tract meets
line 34 both of the following:
line 35 (i) The tract is high opportunity, meaning its characteristics are
line 36 associated with positive educational and economic outcomes for
line 37 households of all income levels residing in the tract.
line 38 (ii) The tract meets either of the following criteria:
line 39 (I) New housing sited in the tract would enable residents to live
line 40 near more jobs than is typical for tracts in the region.
99
SB 10 — 3 —
line 1 (II) New housing sited in the tract would enable shorter commute
line 2 distances for residents, relative to existing commute patterns and
line 3 jobs-housing fit.
line 4 (B) The Department of Housing and Community Development
line 5 shall, commencing on January 1, 2022, publish and update, every
line 6 five years thereafter, a map of the state showing the areas identified
line 7 by the department as “jobs-rich areas.”
line 8 (3) “Transit-rich area” means a parcel within one-half mile of
line 9 a major transit stop, as defined in Section 21064.3 of the Public
line 10 Resources Code, or a parcel on a high-quality bus corridor.
line 11 (4) “Urban infill site” means a site that satisfies all of the
line 12 following:
line 13 (A) A site that is a legal parcel or parcels located in a city if,
line 14 and only if, the city boundaries include some portion of either an
line 15 urbanized area or urban cluster, as designated by the United States
line 16 Census Bureau, or, for unincorporated areas, a legal parcel or
line 17 parcels wholly within the boundaries of an urbanized area or urban
line 18 cluster, as designated by the United States Census Bureau.
line 19 (B) A site in which at least 75 percent of the perimeter of the
line 20 site adjoins parcels that are developed with urban uses. For the
line 21 purposes of this section, parcels that are only separated by a street
line 22 or highway shall be considered to be adjoined.
line 23 (C) A site that is zoned for residential use or residential
line 24 mixed-use development, or has a general plan designation that
line 25 allows residential use or a mix of residential and nonresidential
line 26 uses, with at least two-thirds of the square footage of the
line 27 development designated for residential use.
line 28 (d) The Legislature finds and declares that ensuring the adequate
line 29 production of affordable housing is a matter of statewide concern
line 30 and is not a municipal affair as that term is used in Section 5 of
line 31 Article XI of the California Constitution. Therefore, this section
line 32 applies to all cities, including charter cities.
O
99
— 4 — SB 10
SENATE BILL No. 15
Introduced by Senator Portantino
December 7, 2020
An act to add Chapter 2.9 (commencing with Section 50495) to Part
2 of Division 31 of the Health and Safety Code, relating to housing.
legislative counsel’s digest
SB 15, as introduced, Portantino. Housing development: incentives:
rezoning of idle retail sites.
Existing law establishes, among other housing programs, the
Workforce Housing Reward Program, which requires the Department
of Housing and Community Development to make local assistance
grants to cities, counties, and cities and counties that provide land use
approval to housing developments that are affordable to very low and
low-income households.
This bill, upon appropriation by the Legislature in the annual Budget
Act or other statute, would require the department to administer a
program to provide incentives in the form of grants allocated as provided
to local governments that rezone idle sites used for a big box retailer
or a commercial shopping center to instead allow the development of
workforce housing. The bill would define various terms for these
purposes. In order to be eligible for a grant, the bill would require a
local government, among other things, to apply to the department for
an allocation of grant funds and provide documentation that it has met
specified requirements, including certain labor-related requirements.
The bill would make the allocation of these grants subject to
appropriation by the Legislature in the annual Budget Act or other
statute.
The bill would require the department to issue a Notice of Funding
Availability for each calendar year in which funds are made available
99
for these purposes. The bill would require that the amount of grant
awarded to each eligible local government be equal to 7 times the
average amount of annual sales and use tax revenue generated by each
idle site identified in the local government’s application over the 7 years
immediately preceding the date of the local government’s application,
subject to certain modifications, and that the local government receive
this amount in one lump-sum following the date of the local
government’s application. The bill, upon appropriation by the
Legislature in the annual Budget Act or other statute, would authorize
the department to review, adopt, amend, and repeal guidelines to
implement uniform standards or criteria that supplement or clarify the
terms, references, or standards for this program and exempt those
guidelines from the rulemaking provisions of the Administrative
Procedure Act.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
The people of the State of California do enact as follows:
line 1 SECTION 1. Chapter 2.9 (commencing with Section 50495)
line 2 is added to Part 2 of Division 31 of the Health and Safety Code,
line 3 to read:
line 4
line 5 Chapter 2.9. Retail Site Rezoning Incentives
line 6
line 7 50495. For purposes of this chapter:
line 8 (a) “Applicant” means a public agency or private entity that
line 9 submits an application to a local government to undertake a
line 10 workforce housing development project on sites rezoned pursuant
line 11 to this chapter.
line 12 (b) “Big box retailer” means a store of greater than 75,000
line 13 square feet of gross buildable area that generates or previously
line 14 generated sales or use tax pursuant to the Bradley-Burns Uniform
line 15 Local Sales and Use Tax Law (Part 1.5 (commencing with Section
line 16 7200) of Division 2 of the Revenue and Taxation Code.
line 17 (c) “Commercial shopping center” means a group of two or
line 18 more stores that maintain a common parking lot for patrons of
line 19 those stores.
99
— 2 — SB 15
line 1 (d) “Idle” means that at least 80 percent of the leased or rentable
line 2 square footage of the big box retailer or commercial shopping
line 3 center site is not occupied for at least a 12-month calendar period.
line 4 (e) “Local government” means a city, county, or city and county.
line 5 (f) “NOFA” means Notice of Funding Availability.
line 6 (g) “Project labor agreement” has the same meaning as in
line 7 paragraph (1) of subdivision (b) of Section 2500 of the Public
line 8 Contract Code.
line 9 (h) “Sales and use tax revenue” means the cumulative amount
line 10 of revenue generated by taxes imposed by a local government in
line 11 accordance with both of the following laws:
line 12 (1) The Bradley-Burns Uniform Local Sales and Use Tax Law
line 13 (Part 1.5 (commencing with Section 7200) of Division 2 of the
line 14 Revenue and Taxation Code).
line 15 (2) The Transactions and Use Tax Law (Part 1.6 (commencing
line 16 with Section 7251) of Division 2 of the Revenue and Taxation
line 17 Code).
line 18 (i) “Skilled and trained workforce” has the same meaning as
line 19 provided in Chapter 2.9 (commencing with Section 2600) of Part
line 20 1 of Division 2 of the Public Contract Code.
line 21 (j) (1) “Use by right” means that the local government’s review
line 22 of a workforce housing does not require a conditional use permit,
line 23 planned unit development permit, or other discretionary local
line 24 government review or approval that would constitute a “project”
line 25 for purposes of Division 13 (commencing with Section 21000) of
line 26 the Public Resources Code. Any subdivision of the sites shall be
line 27 subject to all laws, including, but not limited to, the local
line 28 government ordinance implementing the Subdivision Map Act
line 29 (Division 2 (commencing with Section 66410) of Title 7 of the
line 30 Government Code).
line 31 (2) A local ordinance may provide that “use by right” does not
line 32 exempt the use from design review. However, that design review
line 33 shall not constitute a “project” for purposes of Division 13
line 34 (commencing with Section 21000) of the Public Resources Code.
line 35 (k) “Workforce housing” means an owner-occupied or rental
line 36 housing development in which 100 percent of the development
line 37 project’s total units, exclusive of a manager’s unit or units, are for
line 38 lower income households, as defined in Section 50079.5, or for
line 39 moderate-income households, as defined in Section 50053. Units
line 40 in the development shall be offered at an affordable housing cost,
99
SB 15 — 3 —
line 1 as defined in Section 50052.5, or at affordable rent, as defined in
line 2 Section 50053, except that the rent or sales price for a
line 3 moderate-income unit shall be at least 20 percent below the market
line 4 rate for a unit of similar size and bedroom count in the same
line 5 neighborhood in the city, county, or city and county in which the
line 6 housing development is located. The developer of the workforce
line 7 housing shall provide the local government with evidence to
line 8 establish that the units meet the requirements of this subdivision.
line 9 All units, exclusive of any manager’s unit or units, shall be
line 10 restricted as provided in this subdivision for at least the following
line 11 periods of time:
line 12 (A) Fifty-five years for units that are rented. However, the local
line 13 government may require that the rental units in the housing
line 14 development project be restricted to lower income households for
line 15 a longer period of time if that restriction is consistent with all
line 16 applicable regulatory requirements for state assistance.
line 17 (B) Forty-five years for units that are owner occupied. However,
line 18 the local government may require that owner-occupied units in
line 19 the housing development project be restricted to lower income
line 20 households for a longer period of time if that restriction is
line 21 consistent with all applicable regulatory requirements for state
line 22 assistance.
line 23 50495.2. Upon appropriation by the Legislature in the annual
line 24 Budget Act or other statute, the department shall administer a
line 25 program to provide incentives in the form of grants allocated in
line 26 accordance with this chapter to local governments that rezone idle
line 27 sites used for a big box retailer or a commercial shopping center
line 28 to instead allow the development of workforce housing.
line 29 50495.4. In order to be eligible for a grant under this chapter,
line 30 a local government shall do all of the following:
line 31 (a) Rezone one or more idle sites used for a big box retailer or
line 32 commercial shopping center to allow workforce housing as a use
line 33 by right.
line 34 (b) Approve and issue a certificate of occupancy for a workforce
line 35 housing development on each site rezoned pursuant to subdivision
line 36 (a) for which the local government seeks an incentive pursuant to
line 37 this chapter.
line 38 (c) Impose the requirements described in Sections 50495.5 and
line 39 50495.5.1 on all applicants.
99
— 4 — SB 15
line 1 (d) Apply to the department for an allocation of grant funds and
line 2 provide documentation that it has complied with the requirements
line 3 of this section.
line 4 50495.5. For purposes of subdivision (c) of Section 50495.4,
line 5 a local government shall impose all of the following requirements
line 6 on all applicants:
line 7 (a) (1) For an applicant that is a public agency, the applicant
line 8 shall not prequalify or shortlist, or award a contract to, an entity
line 9 for the performance of any portion of the workforce housing
line 10 development project unless the entity provides an enforceable
line 11 commitment to the applicant that the entity and its subcontractors
line 12 at every tier will use a skilled and trained workforce to perform
line 13 all work on the project or contract that falls within an
line 14 apprenticeable occupation in the building and construction trades.
line 15 (2) Paragraph (1) does not apply if any of the following
line 16 requirements are met:
line 17 (A) The public agency applicant has entered into a project labor
line 18 agreement that will bind all contractors and subcontractors
line 19 performing work on the project or contract to use a skilled and
line 20 trained workforce, and the entity agrees to be bound by that project
line 21 labor agreement.
line 22 (B) The project or contract is being performed under the
line 23 extension or renewal of a project labor agreement that was entered
line 24 into by the public agency applicant before January 1, 2021.
line 25 (C) The entity has entered into a project labor agreement that
line 26 will bind the entity and all of its subcontractors at every tier
line 27 performing the project or contract to use a skilled and trained
line 28 workforce.
line 29 (b) For an applicant that is a private entity, the applicant shall
line 30 do both of the following:
line 31 (1) Demonstrate to the local government that either of the
line 32 following is true:
line 33 (A) The entirety of the workforce housing development project
line 34 is a public work for purposes of Chapter 1 (commencing with
line 35 Section 1720) of Part 7 of Division 2 of the Labor Code.
line 36 (B) If the project is not in its entirety a public work, all
line 37 construction workers employed in the execution of the project will
line 38 be paid at least the general prevailing rate of per diem wages for
line 39 the type of work and geographic area, as determined by the Director
line 40 of Industrial Relations pursuant to Sections 1773 and 1773.9 of
99
SB 15 — 5 —
line 1 the Labor Code, except that apprentices registered in programs
line 2 approved by the Chief of the Division of Apprenticeship Standards
line 3 may be paid at least the applicable apprentice prevailing rate.
line 4 (2) Demonstrate to the local government that a skilled and
line 5 trained workforce will be used to perform all construction work
line 6 on the project.
line 7 50495.5.1. (a) If a workforce housing development project is
line 8 subject to subparagraph (B) of paragraph (1) of subdivision (b) of
line 9 Section 50495.5, then, for those portions of the project that are not
line 10 a public work, all of the following shall apply:
line 11 (1) The private entity applicant shall ensure that the prevailing
line 12 wage requirement is included in all contracts for the performance
line 13 of the work on the project.
line 14 (2) All contractors and subcontractors shall pay to all
line 15 construction workers employed in the execution of the work at
line 16 least the general prevailing rate of per diem wages, except that
line 17 apprentices registered in programs approved by the Chief of the
line 18 Division of Apprenticeship Standards may be paid at least the
line 19 applicable apprentice prevailing rate.
line 20 (3) (A) Except as provided in subparagraph (C), all contractors
line 21 and subcontractors shall maintain and verify payroll records
line 22 pursuant to Section 1776 of the Labor Code and make those records
line 23 available for inspection and copying as provided by that section.
line 24 (B) Except as provided in subparagraph (C), the obligation of
line 25 the contractors and subcontractors to pay prevailing wages may
line 26 be enforced by the Labor Commissioner through the issuance of
line 27 a civil wage and penalty assessment pursuant to Section 1741 of
line 28 the Labor Code, which may be reviewed pursuant to Section 1742
line 29 of the Labor Code, within 18 months after the completion of the
line 30 project, by an underpaid worker through an administrative
line 31 complaint or civil action, or by a joint labor-management
line 32 committee through a civil action under Section 1771.2 of the Labor
line 33 Code. If a civil wage and penalty assessment is issued, the
line 34 contractor, subcontractor, and surety on a bond or bonds issued to
line 35 secure the payment of wages covered by the assessment shall be
line 36 liable for liquidated damages pursuant to Section 1742.1 of the
line 37 Labor Code.
line 38 (C) Subparagraphs (A) and (B) do not apply if all contractors
line 39 and subcontractors performing work on the project are subject to
line 40 a project labor agreement that requires the payment of prevailing
99
— 6 — SB 15
line 1 wages to all construction workers employed in the execution of
line 2 the project and provides for enforcement of that obligation through
line 3 an arbitration procedure.
line 4 (4) Notwithstanding subdivision (c) of Section 1773.1 of the
line 5 Labor Code, the requirement that employer payments not reduce
line 6 the obligation to pay the hourly straight time or overtime wages
line 7 found to be prevailing shall not apply if otherwise provided in a
line 8 bona fide collective bargaining agreement covering the worker.
line 9 The requirement to pay at least the general prevailing rate of per
line 10 diem wages does not preclude use of an alternative workweek
line 11 schedule adopted pursuant to Section 511 or 514 of the Labor
line 12 Code.
line 13 (b) An applicant that is a private entity subject to paragraph (2)
line 14 of subdivision (b) of Section 50495.5 shall comply with all of the
line 15 following requirements for the workforce housing development
line 16 project:
line 17 (1) The private entity applicant shall require in all contracts for
line 18 the performance of work that every contractor and subcontractor
line 19 at every tier will individually use a skilled and trained workforce
line 20 to complete the project.
line 21 (2) Every contractor and subcontractor shall use a skilled and
line 22 trained workforce to complete the project.
line 23 (3) (A) Except as provided in subparagraph (B), the private
line 24 entity applicant shall provide to the local government, on a monthly
line 25 basis while the project or contract is being performed, a report
line 26 demonstrating compliance with Chapter 2.9 (commencing with
line 27 Section 2600) of Part 1 of Division 2 of the Public Contract Code.
line 28 A monthly report provided to the local government pursuant to
line 29 this clause shall be a public record under the California Public
line 30 Records Act (Chapter 3.5 (commencing with Section 6250) of
line 31 Division 7 of Title 1 of the Government Code) and shall be open
line 32 to public inspection. A private entity applicant that fails to provide
line 33 a monthly report demonstrating compliance with Chapter 2.9
line 34 (commencing with Section 2600) of Part 1 of Division 2 of the
line 35 Public Contract Code shall be subject to a civil penalty of ten
line 36 thousand dollars ($10,000) per month for each month for which
line 37 the report has not been provided. Any contractor or subcontractor
line 38 that fails to use a skilled and trained workforce shall be subject to
line 39 a civil penalty of two hundred dollars ($200) per day for each
line 40 worker employed in contravention of the skilled and trained
99
SB 15 — 7 —
line 1 workforce requirement. Penalties may be assessed by the Labor
line 2 Commissioner within 18 months of completion of the project using
line 3 the same procedures for issuance of civil wage and penalty
line 4 assessments pursuant to Section 1741 of the Labor Code, and may
line 5 be reviewed pursuant to the same procedures in Section 1742 of
line 6 the Labor Code. Penalties shall be paid to the State Public Works
line 7 Enforcement Fund.
line 8 (B) Subparagraph (A) does not apply if all contractors and
line 9 subcontractors performing work on the project are subject to a
line 10 project labor agreement that requires compliance with the skilled
line 11 and trained workforce requirement and provides for enforcement
line 12 of that obligation through an arbitration procedure.
line 13 50495.6. (a) Upon appropriation by the Legislature in the
line 14 annual Budget Act or other statute for purposes of this chapter,
line 15 the department shall allocate a grant to each local government that
line 16 meets the criteria specified in Section 50495.4 in an amount
line 17 determined pursuant to subdivision (b). For each calendar year in
line 18 which funds are made available for purposes of this chapter, the
line 19 department shall issue a NOFA for the distribution of funds to a
line 20 local government during the 12-month period subsequent to the
line 21 NOFA. The department shall accept applications from applicants
line 22 at the end of the 12-month period.
line 23 (b) The amount of grant provided to each eligible local
line 24 government shall be as follows:
line 25 (1) Subject to paragraphs (2) and (3), the amount of the grant
line 26 shall be equal to seven times the average amount of annual sales
line 27 and use tax revenue generated by each idle site identified in the
line 28 local government’s application that meets the criteria specified in
line 29 subdivisions (a) and (b) of Section 50495.4 over the seven years
line 30 immediately preceding the date of the local government’s
line 31 application.
line 32 (2) For any idle big box retailer or commercial shopping center
line 33 site rezoned by a local government in accordance with subdivision
line 34 (a) of Section 50495.4 to allow mixed uses, the amount of grant
line 35 pursuant to paragraph (1) shall be reduced in proportion to the
line 36 percentage of the square footage of the development that is used
line 37 for a use other than workforce housing.
line 38 (3) If for any NOFA the amount of funds made available for
line 39 purposes of this chapter is insufficient to provide each eligible
line 40 local government with the full amount specified in paragraphs (1)
99
— 8 — SB 15
line 1 and (2), based on the number of applications received, the
line 2 department shall reduce the amount of grant funds awarded to each
line 3 eligible local government proportionally.
line 4 (c) The department shall allocate the amount determined
line 5 pursuant to subdivision (b) to each eligible local government in
line 6 one lump-sum following the date of the local government’s
line 7 application.
line 8 50495.8. Upon appropriation by the Legislature in the annual
line 9 Budget Act or other statute, the department may review, adopt,
line 10 amend, and repeal guidelines to implement uniform standards or
line 11 criteria that supplement or clarify the terms, references, or standards
line 12 set forth in this chapter. Any guidelines or terms adopted pursuant
line 13 to this chapter shall not be subject to Chapter 3.5 (commencing
line 14 with Section 11340) of Part 1 of Division 3 of Title 2 of the
line 15 Government Code.
O
99
SB 15 — 9 —
SENATE BILL No. 210
Introduced by Senator Wiener
January 12, 2021
An act to amend Sections 1798.90.51, 1798.90.52, and 1798.90.53
of, and to add Section 1798.90.56 to, the Civil Code, relating to personal
information.
legislative counsel’s digest
SB 210, as introduced, Wiener. Automated license plate recognition
systems: use of data.
Existing law authorizes the Department of the California Highway
Patrol to retain license plate data captured by license plate reader
technology, also referred to as an automated license plate recognition
(ALPR) system, for not more than 60 days unless the data is being used
as evidence or for the investigation of felonies. Existing law authorizes
the department to share that data with law enforcement agencies for
specified purposes and requires both an ALPR operator and an ALPR
end user, as those terms are defined, to implement a usage and privacy
policy regarding that ALPR information, as specified. Existing law
requires that the usage and privacy policy implemented by an ALPR
operator or an ALPR end user include the length of time ALPR
information will be retained and the process the ALPR operator and
ALPR end user will utilize to determine if and when to destroy retained
ALPR information.
This bill would include in those usage and privacy policies a
requirement that ALPR data that does not match a hot list be destroyed
within 24 hours.
Existing law requires an ALPR operator to maintain reasonable
security procedures and practices. Under existing law, the reasonable
security procedures and practices must include operational,
99
administrative, technical, and physical safeguards to protect ALPR
information from unauthorized access, destruction, use, modification,
or disclosure.
This bill would additionally require those procedures and practices
to include an annual audit to review ALPR end-user searches during
the previous year and the destruction of all ALPR information that does
not match information on a hot list within 24 hours.
Existing law requires an ALPR operator that accesses or provides
access to ALPR information to maintain a record of that access and
require that ALPR information only be used for the authorized purposes
described in the usage and privacy policy.
This bill would additionally require an ALPR operator that accesses
or provides access to ALPR information to conduct an annual audit to
review ALPR end-user searches during the previous year and to confirm
that all ALPR information that does not match a hot list is routinely
destroyed in 24 hours or less.
This bill would require the Department of Justice, on or before July
1, 2022, to draft and make available on its internet website a policy
template and would permit local law enforcement agencies to use the
template as a model for their ALPR policies. The bill would also require
the Department of Justice to develop and issue guidance to help local
law enforcement agencies identify and evaluate the types of data they
are currently storing in their ALPR database systems.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
The people of the State of California do enact as follows:
line 1 SECTION 1. The intent of the Legislature in enacting this act
line 2 is to restrict the sharing of automated license plate recognition
line 3 data.
line 4 SEC. 2. Section 1798.90.51 of the Civil Code is amended to
line 5 read:
line 6 1798.90.51. An ALPR operator shall do all of the following:
line 7 (a) Maintain reasonable security procedures and practices,
line 8 including operational, administrative, technical, and physical
line 9 safeguards, to protect ALPR information from unauthorized access,
line 10 destruction, use, modification, or disclosure. These reasonable
line 11 security procedures and practices shall include, but are not limited
line 12 to, the following:
99
— 2 — SB 210
line 1 (1) An annual audit to review ALPR end-user searches during
line 2 the previous year.
line 3 (2) Destruction of all ALPR information that does not match
line 4 information on a hot list in 24 hours or less.
line 5 (b) (1) Implement a usage and privacy policy in order to ensure
line 6 that the collection, use, maintenance, sharing, and dissemination
line 7 of ALPR information is consistent with respect for individuals’
line 8 privacy and civil liberties. The usage and privacy policy shall be
line 9 available to the public in writing, and, if the ALPR operator has
line 10 an Internet Web site, internet website, the usage and privacy policy
line 11 shall be posted conspicuously on that Internet Web site. internet
line 12 website.
line 13 (2) The usage and privacy policy shall, at a minimum, include
line 14 all of the following:
line 15 (A) The authorized purposes for using the ALPR system and
line 16 collecting ALPR information.
line 17 (B) A description of the job title or other designation of the
line 18 employees and independent contractors who are authorized to use
line 19 or access the ALPR system, or to collect ALPR information. The
line 20 policy shall identify the training requirements necessary for those
line 21 authorized employees and independent contractors.
line 22 (C) A description of how the ALPR system will be monitored
line 23 to ensure the security of the information and compliance with
line 24 applicable privacy laws.
line 25 (D) The purposes of, process for, and restrictions on, the sale,
line 26 sharing, or transfer of ALPR information to other persons.
line 27 (E) The title of the official custodian, or owner, of the ALPR
line 28 system responsible for implementing this section.
line 29 (F) A description of the reasonable measures that will be used
line 30 to ensure the accuracy of ALPR information and correct data errors.
line 31 (G) The length of time ALPR information will be retained, and
line 32 the process the ALPR operator will utilize to determine if and
line 33 when to destroy retained ALPR information. destruction of ALPR
line 34 data that does not match hot list information in 24 hours or less.
line 35 (c) For purposes of this title, “hot list” means a list of license
line 36 plates of vehicles of interest against which the ALPR system is
line 37 comparing vehicles on the roadways.
line 38 SEC. 3. Section 1798.90.52 of the Civil Code is amended to
line 39 read:
99
SB 210 — 3 —
line 1 1798.90.52. If an ALPR operator accesses or provides access
line 2 to ALPR information, the ALPR operator shall do both all of the
line 3 following:
line 4 (a) Maintain a record of that access. At a minimum, the record
line 5 shall include all of the following:
line 6 (1) The date and time the information is accessed.
line 7 (2) The license plate number or other data elements used to
line 8 query the ALPR system.
line 9 (3) The username of the person who accesses the information,
line 10 and, as applicable, the organization or entity with whom the person
line 11 is affiliated.
line 12 (4) The purpose for accessing the information.
line 13 (b) Require that ALPR information only be used for the
line 14 authorized purposes described in the usage and privacy policy
line 15 required by subdivision (b) of Section 1798.90.51.
line 16 (c) Conduct an annual audit to review ALPR end-user searches
line 17 during the previous year and confirm that all ALPR data that does
line 18 not match hot list information has been routinely destroyed in 24
line 19 hours or less.
line 20 SEC. 4. Section 1798.90.53 of the Civil Code is amended to
line 21 read:
line 22 1798.90.53. An ALPR end-user end user shall do all of the
line 23 following:
line 24 (a) Maintain reasonable security procedures and practices,
line 25 including operational, administrative, technical, and physical
line 26 safeguards, to protect ALPR information from unauthorized access,
line 27 destruction, use, modification, or disclosure.
line 28 (b) (1) Implement a usage and privacy policy in order to ensure
line 29 that the access, use, sharing, and dissemination of ALPR
line 30 information is consistent with respect for individuals’ privacy and
line 31 civil liberties. The usage and privacy policy shall be available to
line 32 the public in writing, and, if the ALPR end-user end user has an
line 33 Internet Web site, internet website, the usage and privacy policy
line 34 shall be posted conspicuously on that Internet Web site. internet
line 35 website.
line 36 (2) The usage and privacy policy shall, at a minimum, include
line 37 all of the following:
line 38 (A) The authorized purposes for accessing and using ALPR
line 39 information.
99
— 4 — SB 210
line 1 (B) A description of the job title or other designation of the
line 2 employees and independent contractors who are authorized to
line 3 access and use ALPR information. The policy shall identify the
line 4 training requirements necessary for those authorized employees
line 5 and independent contractors.
line 6 (C) A description of how the ALPR system will be monitored
line 7 to ensure the security of the information accessed or used, and
line 8 compliance with all applicable privacy laws and a process for
line 9 periodic system audits.
line 10 (D) The purposes of, process for, and restrictions on, the sale,
line 11 sharing, or transfer of ALPR information to other persons.
line 12 (E) The title of the official custodian, or owner, of the ALPR
line 13 information responsible for implementing this section.
line 14 (F) A description of the reasonable measures that will be used
line 15 to ensure the accuracy of ALPR information and correct data errors.
line 16 (G) The length of time ALPR information will be retained, and
line 17 the process the ALPR end-user will utilize to determine if and
line 18 when to destroy retained ALPR information. destruction of ALPR
line 19 data that does not match hot list information in 24 hours or less.
line 20 SEC. 5. Section 1798.90.56 is added to the Civil Code,
line 21 immediately following Section 1798.90.55, to read:
line 22 1798.90.56. (a) On or before July 1, 2022, the Department of
line 23 Justice shall draft and make available on its internet website a
line 24 policy template that local law enforcement agencies may use as a
line 25 model for their ALPR policies.
line 26 (b) The Department of Justice shall develop and issue guidance
line 27 to help local law enforcement agencies identify and evaluate the
line 28 types of data they are currently storing in their ALPR database
line 29 systems. The guidance shall include, but not be limited to, the
line 30 necessary security requirements agencies should follow to protect
line 31 the data in their ALPR systems.
O
99
SB 210 — 5 —
Senate Constitutional Amendment No. 2
Introduced by Senators Allen and Wiener
December 7, 2020
Senate Constitutional Amendment No. 2—A resolution to propose
to the people of the State of California an amendment to the Constitution
of the State, by repealing Article XXXIV thereof, relating to public
housing projects.
legislative counsel’s digest
SCA 2, as introduced, Allen. Public housing projects.
The California Constitution prohibits the development, construction,
or acquisition of a low-rent housing project, as defined, in any manner
by any state public body until a majority of the qualified electors of the
city, town, or county in which the development, construction, or
acquisition of the low-rent housing project is proposed approve the
project by voting in favor at an election, as specified.
This measure would repeal these provisions.
Vote: 2⁄3. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
line 1 Resolved by the Senate, the Assembly concurring, That the
line 2 Legislature of the State of California at its 2021–22 Regular
line 3 Session commencing on the seventh day of December 2020,
line 4 two-thirds of the membership of each house concurring, hereby
line 5 proposes to the people of the State of California, that the
line 6 Constitution of the State be amended as follows:
line 7 That Article XXXIV thereof is repealed.
O
99