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HomeMy WebLinkAbout092424 - 3.1 LEGISLATIVE COMMITTEE MEMORANDUM 3.1 TO: Mayor and Town Council September 24, 2024 SUBJECT: September Legislative Report BACKGROUND The 2024 Legislature session officially ended on August 31, the last day for bills to be passed out of their respective houses. At the start of the 2024 session, 2,124 bills were introduced. Approximately 937 bills successfully passed through the legislative process and were forwarded to the Governor for his consideration. Governor Newsom will have until September 30 to sign or veto the final batch of bills passed by the Legislature. DISCUSSION The Town’s Legislative Committee follows legislation that is identified as a priority through the Tri-Valley Cities Coalition and by the Danville Town Council based upon the Town’s legislative framework. The Tri-Valley Cities Legislative Framework identifies six focus areas for the 2024 State Legislative session including: Transportation and Infrastructure, Climate, Environment, Health and Safety, Economic Development, Affordable Housing and Homelessness, Mental Health, and Fiscal Sustainability. The bills and positions that are a priority for the Tri-Valley coalition are discussed in the second half of this report. The following bills have been identified as having an impact on Danville. Tri-Valley Cities Coalition AB 1820 (Schiavo) Housing development projects: applications: fees and exactions. This bill would authorize a development proponent that submits a preliminary application for a housing development project to request a preliminary fee and exaction estimate and would require a city, county, or city and county to provide the estimate within 30 business days of the submission of the preliminary application. For development fees imposed by an agency other than a city, county, or city and county, the September Legislative Update 2 September 24, 2024 bill would require the development proponent to request the fee schedule from the agency that imposes the fee without delay. Location: This bill passed through the Legislature and has been presented to the Governor. TVC Position: Neutral AB 1886 (Alverez) Housing Element Law: substantial compliance: Housing Accountability Act Current law requires the Department of Housing and Community Development (HCD) to review and determine whether a housing element substantially complies with the Housing Element Law. If HCD finds that a draft housing element or amendment does not substantially comply with the Housing Element Law, current law requires the legislative body of the city or county to either (A) change the draft element or amendment to substantially comply with the Housing Element Law or (B) adopt the draft housing element or amendment without changes and make specified findings as to why the draft element or amendment substantially complies with the Housing Element Law despite the HCD findings. This bill would require a planning agency that makes the above- described findings as to why a draft housing element or amendment substantially complies with the Housing Element Law despite the HCD findings to submit those findings to HCD. The bill would require HCD to review those findings in its review of an adopted housing element or amendment. The bill would create a rebuttable presumption of validity for HCD’s findings as to whether the adopted element or amendment substantially complies with the Housing Element Law. Location: This bill passed through the Legislature and has been approved by the Governor. TVC Position: Oppose AB 2021 (Bauer-Kahan) Crimes: selling or furnishing tobacco or related products and paraphernalia to underage persons Existing law prohibits the sale or furnishing of tobacco or tobacco products or paraphernalia, as specified, to a person who is under 21 years of age. This bill would create a separate fine of $500 for the first offense, $1,000 for the 2nd offense, and $5,000 for any subsequent offense for firms, corporations, businesses, retailers, or wholesalers, who violate this prohibition. Location: This bill passed through the Legislature and has been presented to the Governor. TVC Position: Support AB 2243 (Wicks) Affordable Housing and High Road Jobs Act of 2022: objective standards and affordability and site criteria The Affordable Housing and High Road Jobs Act of 2022, until January 1, 2033, authorizes a development proponent to submit an application for an affordable housing development or a mixed-income housing development that meets specified objective standards, affordability and site criteria, including being located within a zone where office, retail, or parking are a principally permitted use. The act makes such developments a use by right. Such developments would be subject to one of 2 September Legislative Update 3 September 24, 2024 streamlined, ministerial review processes depending on, among other things, the affordability requirements applicable to the project. This bill would make various changes to the objective standards and affordability and site criteria applicable to an affordable housing development or mixed-income housing development subject to the streamlined, ministerial review process under the act. Location: This bill passed through the Legislature and has been approved by the Governor. TVC Position: Oppose Unless Amended SB 1037 (Wiener) Planning and zoning: housing element: enforcement. This bill allows the Attorney General to take legal action against a city and seek fines up to $50K a month for violating unspecified state housing laws that require ministerial approval of certain housing projects or for failing to adopt a housing element that substantially complies with the law, even if the jurisdiction is acting in good faith. Location: This bill passed through the Legislature and has been presented to the Governor. TVC Position: Oppose Additional Advocacy Efforts The League of California Cities East Bay Division will meet September 26. The Tri-Valley Cities City Council will meet on Wednesday, October 2. Conclusion It is recommended that the Town Council Legislative Sub-Committee accept this report and direct any questions and/or direction to Town legislative staff. Prepared by: Melysa Vander Mel Economic Development Specialist Reviewed by: Joseph Calabrigo Town Manager Attachment A – Bill Summaries/Analysis Attachment B – Veto Request Letter AB 1886 Attachment C – Veto Request Letter SB 1037 Assembly Bill No. 1820 Passed the Assembly August 27, 2024 Chief Clerk of the Assembly Passed the Senate August 26, 2024 Secretary of the Senate This bill was received by the Governor this day of , 2024, at o’clock m. Private Secretary of the Governor ATTACHMENT A CHAPTER An act to amend Sections 65940.1 and 65941.1 of, and to add Section 65943.1 to, the Government Code, relating to housing. legislative counsel’s digest AB 1820, Schiavo. Housing development projects: applications: fees and exactions. (1)  Existing law requires a city or county to deem an applicant for a housing development project to have submitted a preliminary application upon providing specified information about the proposed project to the city or county from which approval for the project is being sought. Existing law requires a housing development project be subject only to the ordinances, policies, and standards adopted and in effect when the preliminary application was submitted. This bill would authorize a development proponent that submits a preliminary application for a housing development project to request a preliminary fee and exaction estimate, as defined, and would require a city, county, or city and county to provide the estimate within 30 business days of the submission of the preliminary application. For development fees imposed by an agency other than a city, county, or city and county, the bill would require the development proponent to request the fee schedule from the agency that imposes the fee and would require the agency that imposes the fee to provide the fee schedule to the development proponent without delay. The bill would specify that the preliminary fee and exaction estimate is for informational purposes only and does not affect the scope, amount, or time of payment of any fee or exaction, as specified. (2)  Existing law requires a public agency that receives an application for a development project to, within 30 calendar days, determine in writing whether the application is complete and immediately transmit its determination to the applicant for the development project, as specified. This bill would, upon final approval of a housing development project, require a city, county, or city and county to provide the development proponent with an itemized list and a good faith 92 — 2 — AB 1820 estimate of the total sum amount of all fees and exactions that will apply to the project within 30 business days of the above-described determination of completeness transmitted to the applicant. For development fees imposed by an agency other than a city, county, or city and county, the bill would require the development proponent to request the good faith estimate of the total sum amount of all fees and exactions imposed by the agency that will apply to the project, and would require the agency to provide the development proponent with this information within 30 business days. The bill would state that the itemized list and good faith estimate is for informational purposes, is not legally binding on the agency, and shall not be construed to affect the scope, amount, or time of payment of any fees or exactions applicable to the project pursuant to other law. (3)  Existing law requires a city, county, or special district that has an internet website to make specified information available on its internet website, as applicable, including a current schedule of fees, exactions, affordability requirements it has imposed that are applicable to a proposed housing development project, and an archive of impact fee nexus studies, cost of service studies, or equivalent, conducted by that city, county, or special district on or after January 1, 2018. Existing law requires a city or county to request from a development proponent, upon issuance of a certificate of occupancy or the final inspection, whichever occurs last, the total amount of fees and exactions associated with the project for which the certificate was issued. This bill would clarify that these provisions may not be construed to impose any obligation on any entity, including a development proponent, other than a city, county, or special district, as specified. The bill would also require the request from the city or county for the total amount of fees and exactions associated with the project to clearly state that the request does not create any obligation to respond and that the development proponent will not be subjected to any consequences for not responding or for the content of a response. (4)  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. 92 AB 1820 — 3 — (5)  By imposing new duties on local governments when receiving and reviewing certain development project applications, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. The people of the State of California do enact as follows: SECTION 1. Section 65940.1 of the Government Code is amended to read: 65940.1. (a)  (1)  A city, county, or special district that has an internet website shall make all of the following available on its internet website, as applicable: (A)  (i)  A current schedule of fees, exactions, and affordability requirements imposed by that city, county, or special district, including any dependent special districts, as defined in Section 56032.5, of the city or county applicable to a proposed housing development project. (ii)  The city, county, or special district shall present the information described in clause (i) in a manner that clearly identifies the fees, exactions, and affordability requirements that apply to each parcel and the fees that apply to each new water and sewer utility connection. (iii)  The city, county, or special district shall post a written fee schedule or a link directly to the written fee schedule on its internet website. (B)  All zoning ordinances and development standards adopted by the city or county presenting the information, which shall specify the zoning, design, and development standards that apply to each parcel. (C)  The list required to be compiled pursuant to Section 65940 by the city or county presenting the information. (D)  The current and five previous annual fee reports or the current and five previous annual financial reports, that were required pursuant to subdivision (b) of Section 66006 and subdivision (d) of Section 66013. 92 — 4 — AB 1820 (E)  An archive of impact fee nexus studies, cost of service studies, or equivalent, conducted by that city, county, or special district on or after January 1, 2018. For purposes of this subparagraph, “cost of service study” means the data provided to the public pursuant to subdivision (a) of Section 66016. (2)  A city, county, or special district shall update the information made available under this subdivision within 30 days of any changes. (3)  (A)  A city or county shall request from a development proponent, upon issuance of a certificate of occupancy or the final inspection, whichever occurs last, the total amount of fees and exactions associated with the project for which the certificate was issued. The request shall clearly state that the development proponent is under no obligation to respond to the request for information and that the development proponent will not be subjected to any consequences for not responding or for the content of a response. The city or county shall post this information on its internet website, and update it at least twice per year. (B)  A city or county shall not be responsible for the accuracy for the information received and posted pursuant to subparagraph (A). A city or county may include a disclaimer regarding the accuracy of the information posted on its internet website under this paragraph. (b)  For purposes of this section: (1)  “Affordability requirement” means a requirement imposed as a condition of a development of residential units, that the development include a certain percentage of the units affordable for rent or sale to households with incomes that do not exceed the limits for moderate-income, lower income, very low income, or extremely low income households specified in Sections 50079.5, 50093, 50105, and 50106 of the Health and Safety Code, or an alternative means of compliance with that requirement including, but not limited to, in-lieu fees, land dedication, off-site construction, or acquisition and rehabilitation of existing units. (2)  (A)  “Exaction” means any of the following: (i)  A construction excise tax. (ii)  A requirement that the housing development project provide public art or an in-lieu payment. (iii)  Dedications of parkland or in-lieu fees imposed pursuant to Section 66477. 92 AB 1820 — 5 — (iv)  A special tax levied on new housing units pursuant to the Mello-Roos Community Facilities Act of 1982 (Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5). (B)  “Exaction” does not include fees or charges pursuant to Section 66013 that are not imposed (i) in connection with issuing or approving a permit for development or (ii) as a condition of approval of a proposed development, as held in Capistrano Beach Water Dist. v. Taj Development Corp. (1999) 72 Cal.App.4th 524. (3)  “Fee” means a fee or charge described in the Mitigation Fee Act (Chapter 5 (commencing with Section 66000), Chapter 6 (commencing with Section 66010), Chapter 7 (commencing with Section 66012), Chapter 8 (commencing with Section 66016), and Chapter 9 (commencing with Section 66020)). (4)  “Housing development project” means a use consisting of any of the following: (A)  Residential units only. (B)  Mixed-use developments consisting of residential and nonresidential uses with at least two-thirds of the square footage designated for residential use. (C)  Transitional housing or supportive housing. (c)  This section shall not be construed to alter the existing authority of a city, county, or special district to adopt or impose an exaction or fee. (d)  This section shall not be construed to impose any obligation on any entity, including a development proponent, other than a city, county, or special district. This subdivision does not constitute a change in, but is declaratory of, existing law. SEC. 2. Section 65941.1 of the Government Code is amended to read: 65941.1. (a)  An applicant for a housing development project, as defined in paragraph (3) of subdivision (b) of Section 65905.5, shall be deemed to have submitted a preliminary application upon providing all of the following information about the proposed project to the city, county, or city and county from which approval for the project is being sought and upon payment of the permit processing fee: (1)  The specific location, including parcel numbers, a legal description, and site address, if applicable. 92 — 6 — AB 1820 (2)  The existing uses on the project site and identification of major physical alterations to the property on which the project is to be located. (3)  A site plan showing the location on the property, elevations showing design, color, and material, and the massing, height, and approximate square footage, of each building that is to be occupied. (4)  The proposed land uses by number of units and square feet of residential and nonresidential development using the categories in the applicable zoning ordinance. (5)  The proposed number of parking spaces. (6)  Any proposed point sources of air or water pollutants. (7)  Any species of special concern known to occur on the property. (8)  Whether a portion of the property is located within any of the following: (A)  A very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to Section 51178. (B)  Wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993). (C)  A hazardous waste site that is listed pursuant to Section 65962.5 or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Article 5 (commencing with Section 78760) of Chapter 4 of Part 2 of Division 45 of the Health and Safety Code. (D)  A special flood hazard area subject to inundation by the 1 percent annual chance flood (100-year flood) as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency. (E)  A delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law (Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code), and by any local building department under Chapter 12.2 (commencing with Section 8875) of Division 1 of Title 2. 92 AB 1820 — 7 — (F)  A stream or other resource that may be subject to a streambed alteration agreement pursuant to Chapter 6 (commencing with Section 1600) of Division 2 of the Fish and Game Code. (9)  Any historic or cultural resources known to exist on the property. (10)  The number of proposed below market rate units and their affordability levels. (11)  The number of bonus units and any incentives, concessions, waivers, or parking reductions requested pursuant to Section 65915. (12)  Whether any approvals under the Subdivision Map Act, including, but not limited to, a parcel map, a tentative map, or a condominium map, are being requested. (13)  The applicant’s contact information and, if the applicant does not own the property, consent from the property owner to submit the application. (14)  For a housing development project proposed to be located within the coastal zone, whether any portion of the property contains any of the following: (A)  Wetlands, as defined in subdivision (b) of Section 13577 of Title 14 of the California Code of Regulations. (B)  Environmentally sensitive habitat areas, as defined in Section 30240 of the Public Resources Code. (C)  A tsunami run-up zone. (D)  Use of the site for public access to or along the coast. (15)  The number of existing residential units on the project site that will be demolished and whether each existing unit is occupied or unoccupied. (16)  A site map showing a stream or other resource that may be subject to a streambed alteration agreement pursuant to Chapter 6 (commencing with Section 1600) of Division 2 of the Fish and Game Code and an aerial site photograph showing existing site conditions of environmental site features that would be subject to regulations by a public agency, including creeks and wetlands. (17)  The location of any recorded public easement, such as easements for storm drains, water lines, and other public rights of way. (b)  (1)  A development proponent that submits a preliminary application providing the information required by subdivision (a) may include in its preliminary application a request for a preliminary fee and exaction estimate, which the city, county, or 92 — 8 — AB 1820 city and county shall provide within 30 business days of the submission of the preliminary application. (2)  For development fees imposed by an agency other than a city, county, or city and county, including fees levied by a school district or a special district, the development proponent shall request the fee schedule from the agency that imposes the fee, and the agency that imposes the fee shall provide the fee schedule to the development proponent without delay. (3)  For purposes of this subdivision: (A)  “Exaction” has the same meaning as defined in Section 65940.1. (B)  (i)  “Fee” means a fee or charge described in the Mitigation Fee Act (Chapter 5 (commencing with Section 66000), Chapter 6 (commencing with Section 66010), Chapter 8 (commencing with Section 66016), and Chapter 9 (commencing with Section 66020)). (ii)  Notwithstanding clause (i), “fee” does not include either of the following: (I)  The cost of providing electrical or gas service from a local publicly owned utility. (II)  A charge imposed on a housing development project to comply with the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code). (C)  “Fee and exaction estimate” means a good faith estimate of the total amount of fees and exactions expected to be imposed in connection with the project. (4)  Except for the provision of the fee and exaction estimate by the local agency, nothing in this subdivision shall create or affect any rights or obligations with respect to fees or exactions. (5)  The fee and exaction estimate shall be for informational purposes only and shall not be legally binding or otherwise affect the scope, amount, or time of payment of any fee or exaction that is determined by other provisions of law. (6)  A development proponent may request a fee schedule from a city, county, or special district for fees described in Chapter 7 (commencing with Section 66012), or for the cost of providing electrical or gas service from a local publicly owned utility. The city, county, special district, or local publicly owned utility shall provide the fee schedule upon request. 92 AB 1820 — 9 — (c)  (1)  Each local agency shall compile a checklist and application form that applicants for housing development projects may use for the purpose of satisfying the requirements for submittal of a preliminary application. (2)  The Department of Housing and Community Development shall adopt a standardized form that applicants for housing development projects may use for the purpose of satisfying the requirements for submittal of a preliminary application if a local agency has not developed its own application form pursuant to paragraph (1). Adoption of the standardized form shall not be subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (3)  A checklist or form shall not require or request any information beyond that expressly identified in subdivision (a). (d)  After submittal of all of the information required by subdivision (a), if the development proponent revises the project such that the number of residential units or square footage of construction changes by 20 percent or more, exclusive of any increase resulting from the receipt of a density bonus, incentive, concession, waiver, or similar provision, the housing development project shall not be deemed to have submitted a preliminary application that satisfies this section until the development proponent resubmits the information required by subdivision (a) so that it reflects the revisions. For purposes of this subdivision, “square footage of construction” means the building area, as defined by the California Building Standards Code (Title 24 of the California Code of Regulations). (e)  (1)  Within 180 calendar days after submitting a preliminary application with all of the information required by subdivision (a) to a city, county, or city and county, the development proponent shall submit an application for a development project that includes all of the information required to process the development application consistent with Sections 65940, 65941, and 65941.5. (2)  If the public agency determines that the application for the development project is not complete pursuant to Section 65943, the development proponent shall submit the specific information needed to complete the application within 90 days of receiving the agency’s written identification of the necessary information. If the development proponent does not submit this information within 92 — 10 — AB 1820 the 90-day period, then the preliminary application shall expire and have no further force or effect. (3)  This section shall not require an affirmative determination by a city, county, or city and county regarding the completeness of a preliminary application or a development application for purposes of compliance with this section. (f)  Notwithstanding any other law, submission of a preliminary application in accordance with this section shall not preclude the listing of a tribal cultural resource on a national, state, tribal, or local historic register list on or after the date that the preliminary application is submitted. For purposes of Section 65589.5 or any other law, the listing of a tribal cultural site on a national, state, tribal, or local historic register on or after the date the preliminary application was submitted shall not be deemed to be a change to the ordinances, policies, and standards adopted and in effect at the time that the preliminary application was submitted. (g)  This section shall remain in effect only until January 1, 2030, and as of that date is repealed. SEC. 3. Section 65943.1 is added to the Government Code, to read: 65943.1. (a)  (1)  Upon final approval of a housing development project, the city, county, or city and county shall provide the development proponent with an itemized list and a good faith estimate of the total sum amount of all fees and exactions that will apply to the project within 30 business days. (2)  For development fees imposed by an agency other than a city, county, or city and county, including fees levied by a school district or a special district, the development proponent shall request the good faith estimate of the total sum amount of all fees and exactions imposed by the agency that will apply to the project, and the agency shall provide the development proponent with this information within 30 business days. (b)  For purposes of complying with subdivision (a), a public agency that calculates fees using a cost recovery method to cover administrative cost shall provide fee estimates for those cost recovery fees based on the average amount of the fees imposed on similar projects. (c)  The itemized list and good faith estimate of the total sum amount of all fees and exactions described in subdivision (a) shall be for informational purposes only, shall not be legally binding 92 AB 1820 — 11 — on the agency, and shall not be construed to affect the scope, amount, or time of payment of any fees or exactions applicable to the project pursuant to other law. (d)  For purposes of this section: (1)  (A)  “Exaction” means any of the following: (i)  A construction excise tax. (ii)  A requirement that the housing development project provide public art or an in-lieu payment. (iii)  Dedications of parkland or in-lieu fees imposed pursuant to Section 66477. (iv)  A special tax levied on new housing units pursuant to the Mello-Roos Community Facilities Act of 1982 (Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5). (B)  “Exaction” does not include fees or charges pursuant to Section 66013 that are not imposed (i) in connection with issuing or approving a permit for development or (ii) as a condition of approval of a proposed development, as held in Capistrano Beach Water Dist. v. Taj Development Corp. (1999) 72 Cal.App.4th 524. (2)  “Fee” means a fee or charge described in the Mitigation Fee Act (Chapter 5 (commencing with Section 66000), Chapter 6 (commencing with Section 66010), Chapter 8 (commencing with Section 66016), and Chapter 9 (commencing with Section 66020)). “Fee” does not include the cost of providing electrical or gas service from a local publicly owned utility. (3)  “Final approval” means that the housing development project has received all necessary approvals to be eligible to apply for, and obtain, a building permit or permits. (4)  “Housing development project” has the same meaning as defined in paragraph (3) of subdivision (b) of Section 65905.5. (5)  “Public agency” means a city, including a charter city, a county, including a charter county, or special district. SEC. 4. The Legislature finds and declares all of the following: (a)  A recent study conducted by the Terner Center for Housing Innovation at the University of California, Berkeley, found that fees and exactions can amount to up to 18 percent of the median home price, that these fees and exactions are extremely difficult to estimate, and that fees and exactions continue to rise in California while decreasing nationally. 92 — 12 — AB 1820 (b)  Increasing housing production is a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution, and one of the impediments to housing production is a lack of predictability and transparency when assessing impact fees. Therefore, Section 2 of this act amending Section 65941.1 of the Government Code, and Section 3 of this act adding Section 65943.1 to the Government Code, both of which increase impact fee transparency, apply to all cities, including charter cities. SEC. 5. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code. 92 AB 1820 — 13 — Approved , 2024 Governor Assembly Bill No. 1886 Passed the Assembly August 30, 2024 Chief Clerk of the Assembly Passed the Senate August 29, 2024 Secretary of the Senate This bill was received by the Governor this day of , 2024, at o’clock m. Private Secretary of the Governor CHAPTER An act to add Sections 65585.03 and 65589.55 to the Government Code, relating to land use. legislative counsel’s digest AB 1886, Alvarez. Housing Element Law: substantial compliance: Housing Accountability Act. (1)  The Planning and Zoning Law requires a city or county to adopt a general plan for land use development within its boundaries that includes, among other things, a housing element. Existing law, commonly referred to as the Housing Element Law, prescribes requirements for a city’s or county’s preparation of, and compliance with, its housing element, and requires the Department of Housing and Community Development to review and determine whether the housing element substantially complies with the Housing Element Law, as specified. If the department finds that a draft housing element or amendment does not substantially comply with the Housing Element Law, existing law requires the legislative body of the city or county to either (A) change the draft element or amendment to substantially comply with the Housing Element Law or (B) adopt the draft housing element or amendment without changes and make specified findings as to why the draft element or amendment substantially complies with the Housing Element Law despite the findings of the department. This bill would provide that a housing element or amendment is considered substantially compliant with the Housing Element Law when the local agency has adopted a housing element or amendment, the department or a court of competent jurisdiction determines the adopted housing element or amendment to be in substantial compliance with the Housing Element Law, and the department’s compliance findings have not been superseded by subsequent contrary findings by the department or by a decision of a court of competent jurisdiction or the court’s decision has not been overturned or superseded by a subsequent court decision or by statute. The bill would provide that these provisions are declaratory of existing law and do not alter the interpretation of 93 — 2 — AB 1886 the terms “substantially complies” or “substantial compliance” as set forth in Section 44 of Chapter 1009 of the Statutes of 1984. (2)  Existing law, the Housing Accountability Act, among other things, prohibits a local agency from disapproving, or conditioning approval in a manner that renders infeasible, a housing development project for very low, low-, or moderate-income households unless the local agency makes written findings as to one of certain sets of conditions, as specified. One set of conditions is that (A) the jurisdiction has adopted a housing element that is in substantial compliance with the Housing Element Law, and (B) the jurisdiction has met or exceeded its share of the regional housing need allocation for the planning period for the income category proposed for the housing development project. Existing law subjects a housing development project only to the ordinances, policies, and standards adopted and in effect when a preliminary application was submitted, except as specified. This bill would require a housing element or amendment to be considered in substantial compliance with the Housing Element Law only if the element or amendment was determined to be in substantial compliance when a preliminary application or complete application was submitted, as specified. The bill would provide that this provision is declaratory of existing law. The people of the State of California do enact as follows: SECTION 1. Section 65585.03 is added to the Government Code, to read: 65585.03. A housing element or amendment shall be considered to be in substantial compliance with this article when the local agency adopts the housing element or amendment for the current planning period in accordance with Section 65585 and either of the following apply: (a)  The department finds that the adopted housing element or amendment is in substantial compliance with this article and the department’s compliance findings have not been superseded by subsequent contrary findings by the department or by a decision of a court of competent jurisdiction. (b)  A court of competent jurisdiction determines that the adopted housing element or amendment substantially complies with this 93 AB 1886 — 3 — article and the court’s decision has not been overturned or superseded by a subsequent court decision or by statute. SEC. 2. Section 65589.55 is added to the Government Code, to read: 65589.55. (a)  For purposes of a local agency’s approval, conditional approval, or disapproval of a housing development project pursuant to subdivision (d) of Section 65589.5, a housing element or amendment shall be considered in substantial compliance with this article only if the element or amendment was in substantial compliance, as determined by the department or a court of competent jurisdiction, when a preliminary application, including all of the information required by subdivision (a) of Section 65941.1, was submitted or, if a preliminary application was not submitted, when a complete application pursuant to Section 65943 was submitted. (b)  This section does not constitute a change in, but is declaratory of, existing law. SEC. 3. In Section 65585.03 of the Government Code, as added by Section 1 of this act, it is the intent of the Legislature to confirm that local agencies cannot self-certify housing element compliance and to ratify the regulatory interpretation expressed in the March 16, 2023, memorandum from the Department of Housing and Community Development to planning directors and interested parties, which states, “where a jurisdiction submits an ‘adopted’ housing element before submitting an initial draft or before considering HCD’s findings on an initial draft, HCD will consider the ‘adopted’ to be an initial draft for purposes of both HCD’s review and the jurisdiction’s statutory compliance,” and “a jurisdiction does not have the authority to determine that its adopted element is in substantial compliance but may provide reasoning why HCD should make a finding of substantial compliance. In addition, a jurisdiction is ‘in compliance’ as of the date of HCD’s letter finding the adopted element in substantial compliance. Any other letters are not a finding of substantial compliance.” In this respect, Section 65585.03 of the Government Code, as added by Section 1 of this act, does not constitute a change in, but is declaratory of, existing law. SEC. 4. It is the intent of the Legislature that Section 65585.03 of the Government Code, as added by Section 1 of this act, does not alter the interpretation of the terms “substantially complies” 93 — 4 — AB 1886 or “substantial compliance” as set forth in Section 44 of Chapter 1009 of the Statutes of 1984. 93 AB 1886 — 5 — Approved , 2024 Governor Assembly Bill No. 2021 Passed the Assembly August 26, 2024 Chief Clerk of the Assembly Passed the Senate August 20, 2024 Secretary of the Senate This bill was received by the Governor this day of , 2024, at o’clock m. Private Secretary of the Governor CHAPTER An act to amend Section 308 of the Penal Code, relating to crimes. legislative counsel’s digest AB 2021, Bauer-Kahan. Crimes: selling or furnishing tobacco or related products and paraphernalia to underage persons. Existing law prohibits the sale or furnishing of tobacco or tobacco products or paraphernalia, as specified, to a person who is under 21 years of age. Under existing law, a violation of this prohibition is punishable by a fine of $200 for the first offense, $500 for the 2nd offense, and $1,000 for the 3rd offense, either as a misdemeanor or by a civil action, as specified. This bill would create a separate fine of $500 for the first offense, $1,000 for the 2nd offense, and $5,000 for any subsequent offense for firms, corporations, businesses, retailers, or wholesalers, who violate this prohibition. The people of the State of California do enact as follows: SECTION 1. Section 308 of the Penal Code is amended to read: 308. (a)  (1)  (A)  (i)  A person who knowingly or under circumstances in which it has knowledge, or should otherwise have grounds for knowledge, sells, gives, or in any way furnishes to another person who is under 21 years of age any tobacco, cigarette, cigarette papers, or blunt wraps, or any other preparation of tobacco, or any other instrument or paraphernalia that is designed for the smoking or ingestion of tobacco, tobacco products, or any controlled substance, is subject to either a criminal action for a misdemeanor or a civil action brought by a city attorney, a county counsel, or a district attorney, punishable by a fine of two hundred dollars ($200) for the first offense, five hundred dollars ($500) for the second offense, and one thousand dollars ($1,000) for the third offense. (ii)  A firm, corporation, business, retailer, or wholesaler that under the circumstances described in clause (i) sells, gives, or in 96 — 2 — AB 2021 any way furnishes to another person who is under 21 years of age a product specified in clause (i) is subject to either a criminal action for a misdemeanor or a civil action brought by a city attorney, a county counsel, or a district attorney, punishable by a fine of five hundred dollars ($500) for the first offense, one thousand dollars ($1,000) for the second offense, and five thousand dollars ($5,000) for any subsequent offense. (iii)  This subparagraph does not apply to the sale, giving, or furnishing of any of the products specified in clause (i) to active duty military personnel who are 18 years of age or older. An identification card issued by the United States Armed Forces shall be used as proof of age for this purpose. (B)  Notwithstanding Section 1464 or any other law, 25 percent of each civil and criminal penalty collected pursuant to this subdivision shall be paid to the office of the city attorney, county counsel, or district attorney, whoever is responsible for bringing the successful action. (C)  Proof that a defendant, or their employee or agent, demanded, was shown, and reasonably relied upon evidence of majority shall be a defense to any action brought pursuant to this subdivision. Evidence of majority of a person is a facsimile of, or a reasonable likeness of, a document issued by a federal, state, county, or municipal government, or subdivision or agency thereof, including, but not limited to, a motor vehicle operator’s license, a registration certificate issued under the federal Military Selective Service Act (50 U.S.C. Sec. 3801 et seq.), or an identification card issued to a member of the Armed Forces. (D)  For purposes of this section, the person liable for selling or furnishing tobacco products to persons under 21 years of age by a tobacco vending machine shall be the person authorizing the installation or placement of the tobacco vending machine upon premises they manage or otherwise control and under circumstances in which they have knowledge, or should otherwise have grounds for knowledge, that the tobacco vending machine will be utilized by persons under 21 years of age. (2)  For purposes of this section, “blunt wraps” means cigar papers or cigar wrappers of all types that are designed for smoking or ingestion of tobacco products and contain less than 50 percent tobacco. 96 AB 2021 — 3 — (b)  A person, firm, or corporation that sells, or deals in tobacco or any preparation of tobacco, shall post conspicuously and keep so posted in their place of business at each point of purchase the notice required pursuant to subdivision (b) of Section 22952 of the Business and Professions Code, and a person failing to do so shall, upon conviction, be punished by a fine of fifty dollars ($50) for the first offense, one hundred dollars ($100) for the second offense, two hundred fifty dollars ($250) for the third offense, and five hundred dollars ($500) for the fourth offense and each subsequent violation of this provision, or by imprisonment in a county jail not exceeding 30 days. (c)  For purposes of determining the liability of persons, firms, or corporations controlling franchises or business operations in multiple locations for the second and subsequent violations of this section, each individual franchise or business location shall be deemed a separate entity. (d)  It is the Legislature’s intent to regulate the subject matter of this section. As a result, a city, county, or city and county shall not adopt any ordinance or regulation inconsistent with this section. (e)  For purposes of this section, “smoking” has the same meaning as in subdivision (c) of Section 22950.5 of the Business and Professions Code. (f)  For purposes of this section, “tobacco products” means a product or device as defined in subdivision (d) of Section 22950.5 of the Business and Professions Code. 96 — 4 — AB 2021 Approved , 2024 Governor Assembly Bill No. 2243 Passed the Assembly August 31, 2024 Chief Clerk of the Assembly Passed the Senate August 31, 2024 Secretary of the Senate This bill was received by the Governor this day of , 2024, at o’clock m. Private Secretary of the Governor CHAPTER An act to amend Sections 65852.24, 65912.101, 65912.111, 65912.112, 65912.113, 65912.114, 65912.121, 65912.122, 65912.123, and 65912.124 of, and to add Section 65912.106 to, the Government Code, relating to housing. legislative counsel’s digest AB 2243, Wicks. Housing development projects: objective standards: affordability and site criteria. (1)  Existing law, the Middle Class Housing Act of 2022, provides that a housing development project is an allowable use on a parcel that is within a zone where office, retail, or parking is a principally permitted use, if the proposed development complies with specified requirements. Under that act, one of those requirements is that the project site is 20 acres or less. This bill, if the site is a regional mall, as defined, would instead require that the project site not be greater than 100 acres. (2)  Existing law, the Affordable Housing and High Road Jobs Act of 2022, until January 1, 2033, authorizes a development proponent to submit an application for an affordable housing development or a mixed-income housing development that meets specified objective standards and affordability and site criteria, including being located within a zone where office, retail, or parking are a principally permitted use. The act makes a development that meets those objective standards and affordability and site criteria a use by right and subject to one of 2 streamlined, ministerial review processes depending on, among other things, the affordability requirements applicable to the project. This bill would make various changes to the objective standards and affordability and site criteria applicable to an affordable housing development or mixed-income housing development subject to the streamlined, ministerial review process under the act. Among other changes to those objective standards, the bill would prohibit an affordable housing development subject to the act from demolishing a historic structure that was placed on a national, state, or local historic register. 90 — 2 — AB 2243 (3)  The Affordable Housing and High Road Jobs Act of 2022 prohibits a housing development from being subject to the streamlined, ministerial approval process if it is located on a site or adjoined to a site where more than 1⁄3 of the square footage is dedicated to industrial use in the latest version of a local government’s general plan adopted before January 1, 2022. This bill would instead prohibit a housing development from being subject to the streamlined, ministerial approval process if it was designated for industrial use in the latest version of a local government’s general plan adopted before January 1, 2022, and either residential uses are not principally permitted on the site. Existing law prohibits a housing development from being subject to the streamlined, ministerial approval process if it is located within 500 feet of a freeway. This bill would authorize a housing development located within 500 feet of a freeway to be subject to the streamlined, ministerial approval process, provided that the building meets specified criteria, including that it will have a centralized heating, ventilation, and air-conditioning system. This bill would prohibit a local government from imposing any density limitation on a mixed-income development project that is a conversion of existing buildings into residential use, except as specified. The act prohibits a mixed-income housing development subject to the streamlined, ministerial review process from being located on a site greater than 20 acres. This bill, if the mixed-income housing development is located on a site that is a regional mall, as defined, would prohibit the development from being located on a site greater than 100 acres. (4)  Affordable Housing and High Road Jobs Act of 2022 requires a mixed-income housing development subject to the streamlined, ministerial review process to meet specified affordability criteria. In this regard, the act requires a rental housing development to include either 8% of the units for very low income households and 5% of the units for extremely low income households or 15% of the units for lower income households. In the case of an owner-occupied housing development, the act requires either 30% of the units be offered to moderate-income households or 15% of the units be offered to lower income households. 90 AB 2243 — 3 — This bill would clarify that those affordability thresholds apply only to the base units of the housing development project and excludes units added by a density bonus, among other changes. (5)  Existing law defines various terms for purposes of the Affordable Housing and High Road Jobs Act of 2022. The act defines “use by right” to mean that the development is not subject to a conditional use permit or other discretionary local government review and the development project is not a “project” for purposes of the California Environmental Quality Act. This bill would revise various definitions for purposes of the act. The bill would clarify that “use by right” means that the development project is not subject to a conditional use permit or any other discretionary local government approval, permit, or review process and no aspect of the development project, including any permits required for the development project, is a “project” for purposes of the California Environmental Quality Act. Existing law requires at least 75% of the perimeter of the housing development site to be adjoined with parcels that are developed with urban uses in order to be subject to the act. The act defines “urban uses” to include any current or former residential, commercial, public institutional, transit or transportation passenger facility, or retail use. This bill would include a public park that is surrounded by other urban uses, parking lot or structure, transit or transportation passenger facility, or retail use, or any combination of those uses, as an “urban use.” (6)  Existing law requires a local government that determines a housing development project is in conflict with any of the standards established in the act to provide the development proponent written documentation of the standards with which the development conflicts within 60 days or 90 days of the submittal of the development proposal, depending on the number of housing units. This bill would require a local government to determine, in writing, whether a development is consistent or inconsistent with the act within specified timeframes, including 30 days of submittal of a development proposal that was resubmitted to address written feedback. The bill, after the local government determines that a development is consistent with the objective planning standards of the act, would require a local government to approve a 90 — 4 — AB 2243 development within 60 days or within 90 days, depending on the number of housing units. (7)  The Affordable Housing and High Road Jobs Act of 2022 authorizes a local government, by ordinance, to exempt parcels from the act if the local government makes specified written findings, including that the local government identifies another parcel that meets the requirements of the act and that the substitution of parcels will result in no net loss of the total residential capacity in the jurisdiction. This bill would additionally require the local government to designate the exempted parcels and identify the reclassified parcels on its zoning maps, as specified. (8)  This bill would provide that the provisions of the Affordable Housing and High Road Jobs Act of 2022 as applicable on December 31, 2024, apply to a housing development project application that is submitted on or before December 31, 2024, unless the development proponent chooses to be subject to any of the provisions of the act as applicable on January 1, 2025. (9)  The bill would make various other clarifying and technical changes. (10)  Because the bill would impose various new requirements on local governments reviewing and approving affordable housing developments and mixed-income housing developments under the act, the bill would impose a state-mandated local program. (11)  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. (12)  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. The people of the State of California do enact as follows: SECTION 1. Section 65852.24 of the Government Code is amended to read: 90 AB 2243 — 5 — 65852.24. (a)  (1)  This section shall be known, and may be cited, as the Middle Class Housing Act of 2022. (2)  The Legislature finds and declares all of the following: (A)  Creating more affordable housing is critical to the achievement of regional housing needs assessment goals, and that housing units developed at higher densities may generate affordability by design for California residents, without the necessity of public subsidies, income eligibility, occupancy restrictions, lottery procedures, or other legal requirements applicable to deed restricted affordable housing to serve very low and low-income residents and special needs residents. (B)  The state has made historic investments in deed-restricted affordable housing. According to the Legislative Analyst’s Office, the state budget provided nearly five billion dollars ($5,000,000,000) in the 2021–22 budget year for housing-related programs. The 2022–23 budget further built on that sum by allocating nearly one billion two hundred million dollars ($1,200,000,000) to additional affordable housing programs. (C)  There is continued need for housing development at all income levels, including missing middle housing that will provide a variety of housing options and configurations to allow every Californian to live near where they work. (D)  The Middle Class Housing Act of 2022 will unlock the development of additional housing units for middle-class Californians near job centers, subject to local inclusionary requirements that are set based on local conditions. (b)  A housing development project shall be deemed an allowable use on a parcel that is within a zone where office, retail, or parking are a principally permitted use if it complies with all of the following: (1)  The density for the housing development shall meet or exceed the applicable density deemed appropriate to accommodate housing for lower income households in that jurisdiction as specified in subparagraph (B) of paragraph (3) of subdivision (c) of Section 65583.2. (2)  (A)  The housing development shall be subject to 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 described in paragraph (1). 90 — 6 — AB 2243 (B)  If more than one zoning designation of the local agency allows for housing with the density described in paragraph (1), the zoning standards applicable to a parcel that allows residential use pursuant to this section shall be the zoning standards that apply to the closest parcel that allows residential use at a density that meets the requirements of paragraph (1). (C)  If the existing zoning designation for the parcel, as adopted by the local government, allows residential use at a density greater than that required in paragraph (1), the existing zoning designation shall apply. (3)  The housing development shall comply with any public notice, comment, hearing, or other procedures imposed by the local agency on a housing development in the applicable zoning designation identified in paragraph (2). (4)  The project site is 20 acres or less, unless the site is a regional mall, as defined in subdivision (r) of Section 65912.101, in which case the site is not greater than 100 acres. (5)  The housing development complies with all other objective local requirements for a parcel, other than those that prohibit residential use, or allow residential use at a lower density than provided in paragraph (1), including, but not limited to, impact fee requirements and inclusionary housing requirements. (6)  The development and the site on which it is located satisfy both of the following: (A)  It is a legal parcel or parcels that meet either of the following: (i)  It is within a city where the city boundaries include some portion of an urban area, as designated by the United States Census Bureau. (ii)  It is in an unincorporated area, and the legal parcel or parcels are wholly within the boundaries of an urban area, as designated by the United States Census Bureau. (B)  (i)  It is not on a site or adjoined to any site where more than one-third of the square footage on the site is dedicated to industrial use. (ii)  For purposes of this subparagraph, parcels only separated by a street or highway shall be considered to be adjoined. (iii)  For purposes of this subparagraph, “dedicated to industrial use” means either of the following: 90 AB 2243 — 7 — (I)  The square footage is currently being used as an industrial use. (II)  The most recently permitted use of the square footage is an industrial use. (III)  The site was designated for industrial use in the latest version of a local government’s general plan adopted before January 1, 2022. (7)  The housing development is consistent with any applicable and approved sustainable community strategy or alternative plan, as described in Section 65080. (8)  The developer has done both of the following: (A)  Certified to the local agency that either of the following is true: (i)  The entirety of the development is a public work for purposes of Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code. (ii)  The development is not in its entirety a public work for which prevailing wages must be paid under Article 2 (commencing with Section 1720) of Chapter 1 of Part 2 of Division 2 of the Labor Code, but all construction workers employed on construction of the development will be paid at least the general prevailing rate of per diem wages for the type of work and geographic area, as determined by the Director of Industrial Relations pursuant to Sections 1773 and 1773.9 of the Labor Code, except that apprentices registered in programs approved by the Chief of the Division of Apprenticeship Standards may be paid at least the applicable apprentice prevailing rate. If the development is subject to this subparagraph, then for those portions of the development that are not a public work all of the following shall apply: (I)  The developer shall ensure that the prevailing wage requirement is included in all contracts for the performance of all construction work. (II)  All contractors and subcontractors shall pay to all construction workers employed in the execution of the work at least the general prevailing rate of per diem wages, except that apprentices registered in programs approved by the Chief of the Division of Apprenticeship Standards may be paid at least the applicable apprentice prevailing rate. (III)  Except as provided in subclause (V), all contractors and subcontractors shall maintain and verify payroll records pursuant 90 — 8 — AB 2243 to Section 1776 of the Labor Code and make those records available for inspection and copying as provided therein. (IV)  Except as provided in subclause (V), the obligation of the contractors and subcontractors to pay prevailing wages may be enforced by the Labor Commissioner through the issuance of a civil wage and penalty assessment pursuant to Section 1741 of the Labor Code, which may be reviewed pursuant to Section 1742 of the Labor Code, within 18 months after the completion of the development, or by an underpaid worker through an administrative complaint or civil action, or by a joint labor-management committee though a civil action under Section 1771.2 of the Labor Code. If a civil wage and penalty assessment is issued, the contractor, subcontractor, and surety on a bond or bonds issued to secure the payment of wages covered by the assessment shall be liable for liquidated damages pursuant to Section 1742.1 of the Labor Code. (V)  Subclauses (III) and (IV) shall not apply if all contractors and subcontractors performing work on the development are subject to a project labor agreement that requires the payment of prevailing wages to all construction workers employed in the execution of the development and provides for enforcement of that obligation through an arbitration procedure. For purposes of this clause, “project labor agreement” has the same meaning as set forth in paragraph (1) of subdivision (b) of Section 2500 of the Public Contract Code. (VI)  Notwithstanding subdivision (c) of Section 1773.1 of the Labor Code, the requirement that employer payments not reduce the obligation to pay the hourly straight time or overtime wages found to be prevailing shall not apply if otherwise provided in a bona fide collective bargaining agreement covering the worker. The requirement to pay at least the general prevailing rate of per diem wages does not preclude use of an alternative workweek schedule adopted pursuant to Section 511 or 514 of the Labor Code. (VII)  All contractors and subcontractors shall be registered in accordance with Section 1725.6 of the Labor Code. (VIII)  The development proponent shall provide notice of all contracts for the performance of the work to the Department of Industrial Relations, in accordance with Section 1773.3 of the Labor Code. 90 AB 2243 — 9 — (B)  Certified to the local agency that a skilled and trained workforce will be used to perform all construction work on the development. (i)  For purposes of this section, “skilled and trained workforce” has the same meaning as provided in Chapter 2.9 (commencing with Section 2600) of Part 1 of Division 2 of the Public Contract Code. (ii)  If the developer has certified that a skilled and trained workforce will be used to construct all work on development and the application is approved, the following shall apply: (I)  The developer shall require in all contracts for the performance of work that every contractor and subcontractor at every tier will individually use a skilled and trained workforce to construct the development. (II)  Every contractor and subcontractor shall use a skilled and trained workforce to construct the development. (III)  Except as provided in subclause (IV), the developer shall provide to the local agency, on a monthly basis while the development or contract is being performed, a report demonstrating compliance with Chapter 2.9 (commencing with Section 2600) of Part 1 of Division 2 of the Public Contract Code. A monthly report provided to the local government pursuant to this subclause shall be a public record under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1) and shall be open to public inspection. A developer that fails to provide a monthly report demonstrating compliance with Chapter 2.9 (commencing with Section 2600) of Part 1 of Division 2 of the Public Contract Code shall be subject to a civil penalty of ten thousand dollars ($10,000) per month for each month for which the report has not been provided. Any contractor or subcontractor that fails to use a skilled and trained workforce shall be subject to a civil penalty of two hundred dollars ($200) per day for each worker employed in contravention of the skilled and trained workforce requirement. Penalties may be assessed by the Labor Commissioner within 18 months of completion of the development using the same procedures for issuance of civil wage and penalty assessments pursuant to Section 1741 of the Labor Code, and may be reviewed pursuant to the same procedures in Section 1742 of the Labor Code. Penalties shall be paid to the State Public Works Enforcement Fund. 90 — 10 — AB 2243 (IV)  Subclause (III) shall not apply if all contractors and subcontractors performing work on the development are subject to a project labor agreement that requires compliance with the skilled and trained workforce requirement and provides for enforcement of that obligation through an arbitration procedure. For purposes of this subparagraph, “project labor agreement” has the same meaning as set forth in paragraph (1) of subdivision (b) of Section 2500 of the Public Contract Code. (iii)  Notwithstanding subclause (II) of clause (ii), a contractor or subcontractor shall not be in violation of the apprenticeship graduation requirements of subdivision (d) of Section 2601 of the Public Contract Code to the extent that all of the following requirements are satisfied: (I)  All contractors and subcontractors performing work on the development are subject to a project labor agreement that includes the local building and construction trades council as a party, that requires compliance with the apprenticeship graduation requirements, and that provides for enforcement of that obligation through an arbitration procedure. (II)  The project labor agreement requires the contractor or subcontractor to request the dispatch of workers for the project through a hiring hall or referral procedure. (III)  The contractor or subcontractor is unable to obtain sufficient workers to meet the apprenticeship graduation percentage requirement within 48 hours of its request, Saturdays, Sundays, and holidays excepted. (9)  Notwithstanding subparagraph (B) of paragraph (8), a contract or subcontract may be awarded without a requirement for the use of a skilled and trained workforce to the extent that all of the following requirements are satisfied: (A)  At least seven days before issuing any invitation to prequalify or bid solicitation for the project, the developer sends a notice of the invitation or solicitation that describes the project to the following entities within the jurisdiction of the proposed project site: (i)  Any bona fide labor organization representing workers in the building and construction trades who may perform work necessary to complete the project. (ii)  Any organization representing contractors that may perform work necessary to complete the project. 90 AB 2243 — 11 — (B)  The developer seeks bids containing an enforceable commitment that all contractors and subcontractors at every tier will use a skilled and trained workforce to perform work on the project that falls within an apprenticeable occupation in the building and construction trades. (C)  For the purpose of establishing a bidder pool of eligible contractors and subcontractors, the developer establishes a process to prequalify prime contractors and subcontractors that agree to meet skilled and trained workforce requirements. (D)  The bidding process for the project includes, but is not limited to, all of the following requirements: (i)  The prime contractor shall be required to list all subcontractors that will perform work in an amount in excess of one-half of 1 percent of the prime contractor’s total bid. (ii)  The developer shall only accept bids from prime contractors that have been prequalified. (iii)  If the developer receives at least two bids from prequalified prime contractors, a skilled and trained workforce must be used by all contractors and subcontractors, except as provided in clause (vi). (iv)  If the developer receives fewer than two bids from prequalified prime contractors, the contract may be rebid and awarded without the skilled and trained workforce requirement applying to the prime contractor’s scope of work. (v)  Prime contractors shall request bids from subcontractors on the prequalified list and shall only accept bids and list subcontractors from the prequalified list. If the prime contractor receives bids from at least two subcontractors in each tier listed on the prequalified list, the prime contractor shall require that the contract for that tier or scope of work will require a skilled and trained workforce. (vi)  If the prime contractor fails to receive at least two bids from subcontractors listed on the prequalified list in any tier, the prime contractor may rebid that scope of work. The prime contractor need not require that a skilled and trained workforce be used for that scope of work and may list subcontractors for that scope of work that do not appear on the prequalified list. (E)  The developer shall establish minimum requirements for prequalification of prime contractors and subcontractors that are, to the maximum extent possible, quantifiable and objective. Only 90 — 12 — AB 2243 criterion, and minimum thresholds for any criterion, that are reasonably necessary to ensure that any bidder awarded a project can successfully complete the proposed scope shall be used by the developer. The developer shall not impose any obstacles to prequalification that go beyond what is commercially reasonable and customary. (F)  The developer shall, within 24 hours of a request by a labor organization that represents workers in the geographic area of the project, provide all of the following information to the labor organization: (i)  The names and Contractors State License Board numbers of the prime contractors and subcontractors that have prequalified. (ii)  The names and Contractors State License Board numbers of the prime contractors that have submitted bids and their respective listed subcontractors. (iii)  The names and Contractors State License Board numbers of the prime contractor that was awarded the work and its listed subcontractors. (G)  An interested party, including a labor organization that represents workers in the geographic area of the project, may bring an action for injunctive relief against a developer or prime contractor that is proceeding with a project in violation of the bidding requirements of this paragraph applicable to developers and prime contractors. The court in such an action may issue injunctive relief to halt work on the project and to require compliance with the requirements of this subdivision. The prevailing plaintiff in such an action shall be entitled to recover its reasonable attorney’s fees and costs. (c)  (1)  The development proponent shall provide written notice of the pending application to each commercial tenant on the parcel when the application is submitted. (2)  The development proponent shall provide relocation assistance to each eligible commercial tenant located on the site as follows: (A)  For a commercial tenant operating on the site for at least one year but less than five years, the relocation assistance shall be equivalent to six months’ rent. (B)  For a commercial tenant operating on the site for at least 5 years but less than 10 years, the relocation assistance shall be equivalent to nine months’ rent. 90 AB 2243 — 13 — (C)  For a commercial tenant operating on the site for at least 10 years but less than 15 years, the relocation assistance shall be equivalent to 12 months’ rent. (D)  For a commercial tenant operating on the site for at least 15 years but less than 20 years, the relocation assistance shall be equivalent to 15 months’ rent. (E)  For a commercial tenant operating on the site for at least 20 years, the relocation assistance shall be equivalent to 18 months’ rent. (3)  The relocation assistance shall be provided to an eligible commercial tenant upon expiration of the lease of that commercial tenant. (4)  For purposes of this subdivision, a commercial tenant is eligible for relocation assistance if the commercial tenant meets all of the following criteria: (A)  The commercial tenant is an independently owned and operated business with its principal office located in the county in which the property on the site that is leased by the commercial tenant is located. (B)  The commercial tenant’s lease expired and was not renewed by the property owner. (C)  The commercial tenant’s lease expired within the three years following the development proponent’s submission of the application for a housing development pursuant to this article. (D)  The commercial tenant employs 20 or fewer employees and has an annual average gross receipts under one million dollars ($1,000,000) for the three taxable year period ending with the taxable year that precedes the expiration of their lease. (E)  The commercial tenant is still in operation on the site at the time of the expiration of its lease. (5)  Notwithstanding paragraph (4), for purposes of this subdivision, a commercial tenant is ineligible for relocation assistance if the commercial tenant meets both of the following criteria: (A)  The commercial tenant entered into a lease on the site after the development proponent’s submission of the application for a housing development pursuant to this article. (B)  The commercial tenant had not previously entered into a lease on the site. 90 — 14 — AB 2243 (6)  (A)   The commercial tenant shall utilize the funds provided by the development proponent to relocate the business or for costs of a new business. (B)  Notwithstanding paragraph (2), if the commercial tenant elects not to use the funds provided as required by subparagraph (A), the development proponent shall provide only assistance equal to three months’ rent, regardless of the duration of the commercial tenant’s lease. (7)  For purposes of this subdivision, monthly rent is equal to one-twelfth of the total amount of rent paid by the commercial tenant in the last 12 months. (d)  A local agency shall require that a rental of any unit created pursuant to this section be for a term longer than 30 days. (e)  (1)  A local agency may exempt a parcel from this section if the local agency makes written findings supported by substantial evidence of either of the following: (A)  The local agency concurrently reallocated the lost residential density to other lots so that there is no net loss in residential density in the jurisdiction. (B)  The lost residential density from each exempted parcel can be accommodated on a site or sites allowing residential densities at or above those specified in paragraph (2) of subdivision (b) and in excess of the acreage required to accommodate the local agency’s share of housing for lower income households. (2)  A local agency may reallocate the residential density from an exempt parcel pursuant to this subdivision only if all of the following requirements are met: (A)  The exempt parcel or parcels are subject to an ordinance that allows for residential development by right. (B)  The site or sites chosen by the local agency to which the residential density is reallocated meet both of the following requirements: (i)  The site or sites are suitable for residential development at densities specified in paragraph (1) of subdivision (b) of Section 65852.24. For purposes of this clause, “site or sites suitable for residential development” shall have the same meaning as “land suitable for residential development,” as defined in Section 65583.2. (ii)  The site or sites are subject to an ordinance that allows for development by right. 90 AB 2243 — 15 — (f)  (1)  This section does not alter or lessen the applicability of any housing, environmental, or labor law applicable to a housing development authorized by this section, including, but not limited to, the following: (A)  The California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code). (B)  The California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code). (C)  The Housing Accountability Act (Section 65589.5). (D)  The Density Bonus Law (Section 65915). (E)  Obligations to affirmatively further fair housing, pursuant to Section 8899.50. (F)  State or local affordable housing laws. (G)  State or local tenant protection laws. (2)  All local demolition ordinances shall apply to a project developed pursuant to this section. (3)  For purposes of the Housing Accountability Act (Section 65589.5), a proposed housing development project that is consistent with the provisions of subdivision (b) shall be deemed consistent, compliant, and in conformity with an applicable plan, program, policy, ordinance, standard, requirement, or other similar provision. (4)  Notwithstanding any other provision of this section, for purposes of the Density Bonus Law (Section 65915), an applicant for a housing development under this section may apply for a density bonus pursuant to Section 65915. (g)  Notwithstanding Section 65913.4, a project subject to this section shall not be eligible for streamlining pursuant to Section 65913.4 if it meets either of the following conditions: (1)  The site has previously been developed pursuant to Section 65913.4 with a project of 10 units or fewer. (2)  The developer of the project or any person acting in concert with the developer has previously proposed a project pursuant to Section 65913.4 of 10 units or fewer on the same or an adjacent site. (h)  A local agency may adopt an ordinance to implement the provisions of this article. An ordinance adopted to implement this section shall not be considered a “project” under Division 13 (commencing with Section 21000) of the Public Resources Code. (i)  Each local agency shall include the number of sites developed and the number of units constructed pursuant to this section in its 90 — 16 — AB 2243 annual progress report required pursuant to paragraph (2) of subdivision (a) of Section 65400. (j)  The department shall undertake at least two studies of the outcomes of this chapter. One study shall be completed on or before January 1, 2027, and one shall be completed on or before January 1, 2031. (1)  The studies required by this subdivision shall include, but not be limited to, the number of projects built, the number of units built, the jurisdictional and regional location of the housing, the relative wealth and access to resources of the communities in which they are built, the level of affordability, the effect on greenhouse gas emissions, and the creation of construction jobs that pay the prevailing wage. (2)  The department shall publish a report of the findings of a study required by this subdivision, post the report on its internet website, and submit the report to the Legislature pursuant to Section 9795. (k)  For purposes of this section: (1)  “Housing development project” means a project consisting of any of the following: (A)  Residential units only. (B)  Mixed-use developments consisting of residential and nonresidential retail commercial or office uses, and at least 50 percent of the square footage of the new construction associated with the project is designated for residential use. None of the square footage of any such development shall be designated for hotel, motel, bed and breakfast inn, or other transient lodging use, except for a residential hotel. (2)  “Local agency” means a city, including a charter city, county, or a city and county. (3)  “Office or retail commercial zone” means any commercial zone, except for zones where office uses and retail uses are not permitted, or are permitted only as an accessory use. (4)  “Residential hotel” has the same meaning as defined in Section 50519 of the Health and Safety Code. (l)  The Legislature finds and declares that ensuring access to affordable housing is a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this section applies to all cities, including charter cities. 90 AB 2243 — 17 — (m)  (1)  This section shall become operative on July 1, 2023. (2)  This section shall remain in effect only until January 1, 2033, and as of that date is repealed. SEC. 2. Section 65912.101 of the Government Code is amended to read: 65912.101. For purposes of this chapter: (a)  “Base units” has the same meaning as “total units” as defined in subparagraph (A) of paragraph (8) of subdivision (o) of Section 65915. (b)  “Commercial corridor” means a street that is not a freeway and that has a right-of-way of at least 70 and not greater than 150 feet. (c)  “Development proponent” means a developer who submits a housing development project application to a local government under the streamlined, ministerial review process pursuant to this chapter. (d)  “Extremely low income households” has the same meaning as defined in Section 50106 of the Health and Safety Code. (e)  “Freeway” has the same meaning as defined in Section 332 of the Vehicle Code, except it does not include the portion of a freeway that is an on ramp or off ramp that serves as a connector between the freeway and other roadways that are not freeways. (f)  “Health care expenditures” include contributions under Sections 501(c) or (d) or 401(a) of the Internal Revenue Code and payments toward “medical care” as defined under Section 213(d)(1) of the Internal Revenue Code. (g)  “Housing development project” has the same meaning as defined in Section 65589.5. (h)  “Industrial use” means utilities, manufacturing, transportation storage and maintenance facilities, warehousing uses, and any other use that is a source that is subject to permitting by a district, as defined in Section 39025 of the Health and Safety Code, pursuant to Division 26 (commencing with Section 39000) of the Health and Safety Code or the federal Clean Air Act (42 U.S.C. Sec. 7401 et seq.). “Industrial use” does not include any of the following: (1)  Power substations or utility conveyances such as power lines, broadband wires, and pipes. (2)  A use where the only source permitted by a district is an emergency backup generator. 90 — 18 — AB 2243 (3)  Self-storage for the residents of a building. (i)  “Local affordable housing requirement” means either of the following: (1)  A local government requirement, as a condition of development of residential units, that a housing development project include a certain percentage of units affordable to, and occupied by, extremely low, very low, lower, or moderate-income households as a condition of development of residential units. (2)  A local government requirement allowing a housing development project to be a use by right if the project includes a certain percentage of units affordable to, and occupied by, extremely low, very low, lower, or moderate-income households as a condition of development of residential units. (j)  “Local government” means a city, including a charter city, a county, including a charter county, or a city and county, including a charter city and county. (k)  “Lower income households” has the same meaning as defined in Section 50079.5 of the Health and Safety Code. (l)  “Major transit stop” has the same meaning as defined in subdivision (b) of Section 21155 of the Public Resources Code. (m)  “Minimum efficiency reporting value” or “MERV” means the measurement scale developed by the American Society of Heating, Refrigerating and Air-Conditioning Engineers used to report the effectiveness of air filters. (n)  “Moderate-income households” means households of persons and families of moderate income, as defined in Section 50093 of the Health and Safety Code. (o)  “Multifamily” means a property with five or more housing units for sale or for rent. (p)  “Neighborhood plan” means a specific plan adopted pursuant to Article 8 (commencing with Section 65450) of Chapter 3, an area plan, precise plan, community plan, urban village plan, or master plan. To qualify as a neighborhood plan, the plan must have been adopted by a local government before January 1, 2024, and within 25 years of the date that a development proponent submits an application pursuant to this chapter. A neighborhood plan does not include a community plan or plans where the cumulative area covered by the community plans in the jurisdiction is more than one-half of the area of the jurisdiction. 90 AB 2243 — 19 — (q)  “Principally permitted use” means a use that, as of January 1, 2023, or thereafter, may occupy more than one-third of the square footage of designated use on the site and does not require a conditional use permit, except that parking uses are considered principally permitted whether or not they require a conditional use permit. (r)  “Regional mall” means a site that meets all of the following criteria on the date that a development proponent submits an application pursuant to this chapter: (1)  The permitted uses on the site include at least 250,000 square feet of retail use. (2)  At least two-thirds of the permitted uses on the site are retail uses. (3)  At least two of the permitted retail uses on the site are at least 10,000 square feet. (s)  “Street” has the same meaning as defined in Section 590 of the Vehicle Code, and includes sidewalks, as defined in Section 555 of the Vehicle Code. (t)  “Urban uses” means any current or former residential, commercial, public institutional, public park that is surrounded by other urban uses, parking lot or structure, transit or transportation passenger facility, or retail use, or any combination of those uses. (u)  “Use by right” means a development project for which both of the following are true: (1)  The development project is not subject to a conditional use permit, planned unit development permit, or any other discretionary local government approval, permit, or review process. (2)  No aspect of the development project, including any permits required for the development project, is a “project” for purposes of Division 13 (commencing with Section 21000) of the Public Resources Code. (v)  “Very low income households” has the same meaning as defined in Section 50105 of the Health and Safety Code. (w)  “Very low vehicle travel area” has the same meaning as defined in subdivision (h) of Section 65589.5. SEC. 3. Section 65912.106 is added to the Government Code, to read: 65912.106. If a housing development project application is submitted on or before December 31, 2024, the provisions of this article as applicable on December 31, 2024, shall apply unless the 90 — 20 — AB 2243 development proponent chooses to be subject to any of the provisions of this article as applicable on January 1, 2025. SEC. 4. Section 65912.111 of the Government Code is amended to read: 65912.111. A development project shall not be subject to the streamlined, ministerial review process provided by Section 65912.114 unless the development is proposed to be located on a site that satisfies all of the following criteria: (a)  It is located in a zone where office, retail, or parking are a principally permitted use. (b)  It is a legal parcel or parcels that meet either of the following: (1)  It is within a city where the city boundaries include some portion of an urbanized area, as designated by the United States Census Bureau. (2)  It is in an unincorporated area, and the legal parcel or parcels are wholly within the boundaries of an urbanized area, as designated by the United States Census Bureau. (c)  At least 75 percent of the perimeter of the site adjoins parcels that are developed with urban uses. For purposes of this subdivision, parcels that are only separated by a street, pedestrian path, or bicycle path shall be considered to be adjoined. (d)  (1)  It is not on a site or adjoined to any site where more than one-third of the square footage on the site is dedicated to industrial use. (2)  For purposes of this subdivision, parcels only separated by a street shall be considered to be adjoined. (3)  For purposes of this subdivision, “dedicated to industrial use” means any of the following: (A)  The square footage is currently being used as an industrial use. (B)  The most recently permitted use of the square footage is an industrial use, and the site has been occupied within the past three years. (C)  The site was designated for industrial use in the latest version of a local government’s general plan adopted before January 1, 2022, and residential uses are not principally permitted on the site. (e)  It satisfies the requirements specified in paragraph (6) of subdivision (a) of Section 65913.4, exclusive of clause (iv) of 90 AB 2243 — 21 — subparagraph (A) of paragraph (6) of subdivision (a) of Section 65913.4. (f)  The development is not located on a site where either of the following apply: (1)  The development would require the demolition of a historic structure that was placed on a national, state, or local historic register. (2)  The existing parcel of land or site that is governed under the Mobilehome Residency Law (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2 of Division 2 of the Civil Code), the Recreational Vehicle Park Occupancy Law (Chapter 2.6 (commencing with Section 799.20) of Title 2 of Part 2 of Division 2 of the Civil Code), the Mobilehome Parks Act (Part 2.1 (commencing with Section 18200) of Division 13 of the Health and Safety Code), or the Special Occupancy Parks Act (Part 2.3 (commencing with Section 18860) of Division 13 of the Health and Safety Code). (g)  For a site within a neighborhood plan area, the neighborhood plan applicable to the site permitted multifamily housing development on the site. (h)  For a vacant site, the site satisfies both of the following: (1)  It does not contain tribal cultural resources, as defined by Section 21074 of the Public Resources Code, that could be affected by the development that were found pursuant to a consultation as described by Section 21080.3.1 of the Public Resources Code and the effects of which cannot be mitigated pursuant to the process described in Section 21080.3.2 of the Public Resources Code. (2)  It is not within a very high fire hazard severity zone, as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to Section 4202 of the Public Resources Code or as designated pursuant to subdivisions (a) and (b) of Section 51179. SEC. 5. Section 65912.112 of the Government Code is amended to read: 65912.112. A development project shall not be subject to the streamlined, ministerial review process provided by Section 65912.114 unless the new units created by the development project meet all of the following affordability criteria: (a)  One hundred percent of the units within the development project, excluding managers’ units, shall be dedicated to lower 90 — 22 — AB 2243 income households at an affordable cost, as defined by Section 50052.5 of the Health and Safety Code, or an affordable rent set in an amount consistent with the rent limits established by the California Tax Credit Allocation Committee. (b)  The units shall be subject to a recorded deed restriction for a period of 55 years for rental units and 45 years for owner-occupied units. SEC. 6. Section 65912.113 of the Government Code is amended to read: 65912.113. A development project shall not be subject to the streamlined, ministerial review process provided by Section 65912.114 unless the development proposal meets all of the following objective development standards: (a)  The development shall be a multifamily housing development project. (b)  The residential density for the development will meet or exceed the applicable density deemed appropriate to accommodate housing for lower income households in that jurisdiction as specified in paragraph (3) of subdivision (c) of Section 65583.2. (c)  For any housing on the site located within 500 feet of a freeway, all of the following shall apply: (1)  The building shall have a centralized heating, ventilation, and air-conditioning system. (2)  The outdoor air intakes for the heating, ventilation, and air-conditioning system shall face away from the freeway. (3)  The building shall provide air filtration media for outside and return air that provide a minimum efficiency reporting value of 16. (4)  The air filtration media shall be replaced at the manufacturer’s designated interval. (5)  The building shall not have any balconies facing the freeway. (d)  None of the housing is located within 3,200 feet of a facility that actively extracts or refines oil or natural gas. (e)  The development will meet the following objective zoning standards, objective subdivision standards, and objective design review standards: (1)  The applicable objective standards shall be those for the zone that allows residential use at a greater density between the following: 90 AB 2243 — 23 — (A)  The existing zoning designation for the parcel if existing zoning allows multifamily residential use. (B)  The zoning designation for the closest parcel that allows residential use at a density proposed by the project. (2)  The applicable objective standards shall be those in effect at the time that the development application is submitted to the local government pursuant to this article. (f)  For any project that is the conversion of the use of an existing nonresidential use building to residential use, the local government shall not require the provision of common open space beyond what is already existing on the project site. (g)  For purposes of this section, “objective zoning standards,” “objective subdivision standards,” and “objective design review standards” mean standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official before submittal. These standards may be embodied in alternative objective land use specifications adopted by a city or county, and may include, but are not limited to, housing overlay zones, specific plans, inclusionary zoning ordinances, and density bonus ordinances, subject to the following: (1)  A development shall be deemed consistent with the objective zoning standards related to housing density, as applicable, if the density proposed is compliant with the maximum density allowed within that land use designation, notwithstanding any specified maximum unit allocation that may result in fewer units of housing being permitted. (2)  In the event that objective zoning, general plan, subdivision, or design review standards are mutually inconsistent, a development shall be deemed consistent with the objective zoning and subdivision standards pursuant to this section if the development is consistent with the standards set forth in the general plan. SEC. 7. Section 65912.114 of the Government Code is amended to read: 65912.114. (a)  (1)  A local government shall determine, in writing, whether a development submitted pursuant to this article is consistent or inconsistent with the objective planning standards specified in this article within the following timeframes: 90 — 24 — AB 2243 (A)  Within 60 days of submittal of the development proposal to the local government if the development contains 150 or fewer housing units. (B)  Within 90 days of submittal of the development proposal to the local government if the development contains more than 150 housing units. (C)  Within 30 days of submittal of any development proposal that was resubmitted to address written feedback provided by the local government pursuant to paragraph (2). (2)  (A)  If a local government determines that a development submitted pursuant to this article is in conflict with any of the objective planning standards specified in this article, it shall provide the development proponent, in writing, with an exhaustive list of the standard or standards the development conflicts with, and an explanation for the reason or reasons the development conflicts with that standard or standards, within the timeframes specified in paragraph (1). (B)  In any subsequent review of the application determined to be in conflict with the objective planning standards specified in this article, the local government shall not request the development proponent to provide any new information that was not stated in the initial list of items that were determined to be in conflict. (3)  Once the local government determines that a development submitted pursuant to this article is consistent with the objective planning standards specified in this article, it shall approve the development within the following timeframes: (A)  Within 60 days of the date that the development is determined to be consistent with the objective planning standards specified in this article, if the development contains 150 or fewer housing units. (B)  Within 90 days of the date that the development is determined to be consistent with the objective planning standards specified in this article, if the development contains more than 150 housing units. (4)  If the local government fails to provide the required documentation pursuant to paragraph (2), the development shall be deemed to satisfy the required objective planning standards. (b)  (1)  For purposes of this section, a development is consistent with the objective planning standards if there is substantial 90 AB 2243 — 25 — evidence that would allow a reasonable person to conclude that the development is consistent with the objective planning standards. (2)  For purposes of this section, a development is not in conflict with the objective planning standards solely on the basis that application materials are not included, if the application contains substantial evidence that would allow a reasonable person to conclude that the development is consistent with the objective planning standards. (c)  The determination of whether a proposed project submitted pursuant to this section is or is not in conflict with the objective planning standards is not a “project” as defined in Section 21065 of the Public Resources Code. (d)  Design review of the development may be conducted by the local government’s planning commission or any equivalent board or commission responsible for design review. That design review shall be objective and be strictly focused on assessing compliance with criteria required for streamlined, ministerial review of projects, as well as any reasonable objective design standards published and adopted by ordinance or resolution by a local jurisdiction before submittal of the development to the local government, and shall be broadly applicable to developments within the jurisdiction. That design review shall not in any way inhibit, chill, or preclude the ministerial approval provided by this section. (e)  If a development is located within an area of the coastal zone that is not excluded under clause (i), (ii), (iii), or (v) of subparagraph (A) of paragraph (6) of subdivision (a) of Section 65913.4, the development shall require a coastal development permit pursuant to Chapter 7 (commencing with Section 30600) of Division 20 of the Public Resources Code. A public agency with coastal development permitting authority shall approve a coastal development permit if it determines that the development is consistent with all objective standards of the local government’s certified local coastal program or, for areas that are not subject to a fully certified local coastal program, the certified land use plan of that area. (f)  (1)  A development proposed pursuant to this article shall be eligible for a density bonus, incentives or concessions, waivers or reductions of development standards, and parking ratios pursuant to Section 65915. 90 — 26 — AB 2243 (2)  The utilization by a development proponent of incentives, concessions, and waivers or reductions of development standards allowed pursuant to Section 65915 shall not cause the project to be subject to a local discretionary government review process, or be considered a “project” under Division 13 (commencing with Section 21000) of the Public Resources Code, even if that incentive, concession, or waiver or reduction of development standards is not specified in a local ordinance. (3)  For purposes of this section, receipt of any density bonus, concession, incentive, waiver or reduction of development standards, and parking ratios to which the applicant is entitled under Section 65915 shall not constitute a basis to find the project inconsistent with the local coastal program. (g)  If a development proposed pursuant to this article demolishes or changes an existing use, the amount of a fee, as defined in Section 66000, imposed on the development shall be offset to account for the demolition or change so that the amount of the fee is attributable only to the development’s incremental impact on public facilities or services. For purposes of this subdivision, an offset amount that exceeds the fee amount shall not be refundable or used to offset any other fee. This subdivision does not supersede or in any way alter or lessen the effect of the Mitigation Fee Act (Chapter 5 (commencing with Section 66000), Chapter 6 (commencing with Section 66010), Chapter 7 (commencing with Section 66012), Chapter 7.5 (commencing with Section 66015), Chapter 8 (commencing with Section 66016), and Chapter 9 (commencing with Section 66020)). For the purpose of this subdivision, “changes an existing use” means no demolition is proposed, but a current office, commercial, or similar use changes to residential use. (h)  The local government shall ensure that the project satisfies the requirements specified in Article 2 (commencing with Section 66300.5) of Chapter 12, regardless of whether the development is within or not within an affected city or within or not within an affected county. (i)  If the development is consistent with all objective subdivision standards in the local subdivision ordinance, an application for a subdivision pursuant to the Subdivision Map Act (Division 2 (commencing with Section 66410)) shall be exempt from the requirements of the California Environmental Quality Act (Division 90 AB 2243 — 27 — 13 (commencing with Section 21000) of the Public Resources Code). (j)  A local government may, by ordinance adopted to implement this article, exempt a parcel from this section before a development proponent submits a development application on a parcel pursuant to this article if the local government makes written findings establishing all of the following: (1)  The local government has identified one or more parcels that meet the criteria described in subdivisions (b) through (f) of Section 65912.111. (2)  (A)  If a parcel identified in paragraph (1) would not otherwise be eligible for development pursuant to this chapter, the implementing ordinance authorizes the parcel to be developed pursuant to the requirements of this chapter. A parcel reclassified for development pursuant to this subparagraph shall be suitable for residential development. For purposes of this subparagraph, a parcel suitable for residential development shall have the same meaning as “land suitable for residential development,” as defined in Section 65583.2. (B)  If a parcel identified in paragraph (1) would otherwise be eligible for development pursuant to this chapter, the implementing ordinance authorizes the parcel to be developed ministerially at residential densities above the residential density required in subdivision (b) of Section 65912.113. (3)  The substitution of the parcel or parcels identified in this subdivision for parcels reclassified pursuant to paragraph (2) will result in all of the following: (A)  No net loss of the total potential residential capacity in the jurisdiction relative to the total capacity that existed in the jurisdiction through the combined effect of this chapter and local law as of the date of the adoption of the ordinance. In making the no net loss calculation specified by this subparagraph, the local government need only factor in the parcels substituted and reclassified pursuant to this subdivision. (B)  No net loss of the total potential residential capacity of housing affordable to lower income households in the jurisdiction relative to the total capacity that existed in the jurisdiction through the combined effect of this chapter and local law as of the date of the adoption of the ordinance. In making the no net loss calculation specified by this subparagraph, the local government need only 90 — 28 — AB 2243 factor in the parcels substituted and reclassified pursuant to this subdivision. (C)  Affirmative furthering of fair housing. (4)  A parcel or parcels reclassified for development pursuant to subparagraph (A) of paragraph (2) shall be eligible for development pursuant to this chapter notwithstanding any contrary provision of the local government’s charter, general plan, or ordinances, and a parcel or parcels reclassified for development pursuant to subparagraph (B) of paragraph (2) shall be developed ministerially at the densities and heights specified in the ordinance notwithstanding any contrary provision of the local government’s charter, general plan, or ordinances. (5)  The local government has completed all of the rezonings required pursuant to subdivision (c) of Section 65583 for the sixth revision of its housing element. (6)  The local government has designated on its zoning maps which parcels have been exempted from this chapter and which parcels have been reclassified for development pursuant to this chapter. This information shall be made publicly available through the local government’s internet website. (k)  (1)  The local government shall, as a condition of approval of the development, require the development proponent to complete a phase I environmental assessment, as defined in Section 78090 of the Health and Safety Code. (2)  If a recognized environmental condition is found, the development proponent shall undertake a preliminary endangerment assessment, as defined in Section 78095 of the Health and Safety Code, prepared by an environmental assessor to determine the existence of any release of a hazardous substance on the site and to determine the potential for exposure of future occupants to significant health hazards from any nearby property or activity. (A)  If a release of a hazardous substance is found to exist on the site, before the local government issues a certificate of occupancy, the release shall be removed, or any significant effects of the release shall be mitigated to a level of insignificance in compliance with current state and federal requirements. (B)  If a potential for exposure to significant hazards from surrounding properties or activities is found to exist, before the local government issues a certificate of occupancy, the effects of 90 AB 2243 — 29 — the potential exposure shall be mitigated to a level of insignificance in compliance with current state and federal requirements. (l)  A local government’s approval of a development pursuant to this section shall, notwithstanding any other law, be subject to the expiration timeframes specified in subdivision (g) of Section 65913.4. (m)  Any proposed modifications to a development project approved pursuant to this section shall be undertaken pursuant to subdivision (h) of Section 65913.4. (n)  A local government shall not adopt or impose any requirement, including, but not limited to, increased fees or inclusionary housing requirements, that applies to a project solely or partially on the basis that the project is eligible to receive streamlined, ministerial review pursuant to this section. (o)  A local government shall issue a subsequent permit required for a development approved under this section pursuant to paragraph (2) of subdivision (i) of Section 65913.4. (p)  A public improvement that is necessary to implement a development that is approved pursuant to this section shall be undertaken pursuant to paragraph (3) of subdivision (i) of Section 65913.4. (q)  A local government may adopt an ordinance to implement the provisions of this article. An ordinance adopted to implement this section shall not be considered a “project” under Division 13 (commencing with Section 21000) of the Public Resources Code. (r)  Section 65589.5 applies to a development proceeding pursuant to this article. SEC. 8. Section 65912.121 of the Government Code is amended to read: 65912.121. A development project shall not be subject to the streamlined, ministerial review process provided by Section 65912.124 unless the development project is on a site that satisfies all of the following criteria: (a)  It is located within a zone where office, retail, or parking are principally permitted use. (b)  It is located on a legal parcel, or parcels, that meet either of the following: (1)  It is within a city where the city boundaries include some portion of an urbanized area, as designated by the United States Census Bureau. 90 — 30 — AB 2243 (2)  It is in an unincorporated area, and the legal parcel, or parcels, are wholly within the boundaries of an urbanized area, as designated by the United States Census Bureau. (c)  The project site abuts a commercial corridor and has a frontage along the commercial corridor of a minimum of 50 feet. (d)  The site is not greater than 20 acres, unless the site is a regional mall, in which case the site is not greater than 100 acres. (e)  At least 75 percent of the perimeter of the site adjoins parcels that are developed with urban uses. For purposes of this subdivision, parcels that are only separated by a street, pedestrian path, or bicycle path shall be considered to be adjoined. (f)  (1)  It is not on a site or adjoined to any site where more than one-third of the square footage on the site is dedicated to industrial use. (2)  For purposes of this subdivision, parcels only separated by a street shall be considered to be adjoined. (3)  For purposes of this subdivision, “dedicated to industrial use” means any of the following: (A)  The square footage is currently being used as an industrial use. (B)  The most recently permitted use of the square footage is an industrial use, and the site has been occupied within the past three years. (C)  The site was designated for industrial use in the latest version of a local government’s general plan adopted before January 1, 2022, and residential uses are not principally permitted on the site. (g)  It satisfies the requirements specified in paragraph (6) of subdivision (a) of Section 65913.4, exclusive of clause (iv) of subparagraph (A) of paragraph (6) of subdivision (a) of Section 65913.4. (h)  The development is not located on a site where any of the following apply: (1)  The development would require the demolition of the following types of housing: (A)  Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income. (B)  Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power. 90 AB 2243 — 31 — (C)  Housing that has been occupied by tenants within the past 10 years, excluding any manager’s units. (2)  The site was previously used for permanent housing that was occupied by tenants, excluding any manager’s units, that was demolished within 10 years before the development proponent submits an application under this article. (3)  The development would require the demolition of a historic structure that was placed on a national, state, or local historic register. (4)  The property contains one to four dwelling units. (5)  The property is vacant and zoned for housing but not for multifamily residential use. (6)  The existing parcel of land or site is governed under the Mobilehome Residency Law (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2 of Division 2 of the Civil Code), the Recreational Vehicle Park Occupancy Law (Chapter 2.6 (commencing with Section 799.20) of Title 2 of Part 2 of Division 2 of the Civil Code), the Mobilehome Parks Act (Part 2.1 (commencing with Section 18200) of Division 13 of the Health and Safety Code), or the Special Occupancy Parks Act (Part 2.3 (commencing with Section 18860) of Division 13 of the Health and Safety Code). (i)  For a site within a neighborhood plan area, the neighborhood plan applicable to the site permitted multifamily housing development on the site. (j)  For a vacant site, the site satisfies both of the following: (1)  It does not contain tribal cultural resources, as defined by Section 21074 of the Public Resources Code, that could be affected by the development that were found pursuant to a consultation as described by Section 21080.3.1 of the Public Resources Code and the effects of which cannot be mitigated pursuant to the process described in Section 21080.3.2 of the Public Resources Code. (2)  It is not within a very high fire hazard severity zone, as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to Section 4202 of the Public Resources Code or as designated pursuant to subdivisions (a) and (b) of Section 51179. SEC. 9. Section 65912.122 of the Government Code is amended to read: 90 — 32 — AB 2243 65912.122. A development project shall not be subject to the streamlined, ministerial review process provided by Section 65912.124 unless the new housing units created by the development project meet all of the following affordability criteria: (a)  (1)  A rental housing development shall include either of the following: (A)  Eight percent of the base units for very low income households and 5 percent of the units for extremely low income households. (B)  Fifteen percent of the base units for lower income households. (2)  The development proponent shall agree to, and the local government shall ensure, the continued affordability of all affordable rental units included pursuant to this subdivision for 55 years. Rents shall be set at an affordable rent, as defined in Section 50053 of the Health and Safety Code. (b)  (1)  An owner-occupied housing development shall include either of the following: (A)  Thirty percent of the base units must be offered at an affordable housing cost, as defined in Section 50052.5 of the Health and Safety Code, to moderate-income households. (B)  Fifteen percent of the base units must be offered at an affordable housing cost, as defined in Section 50052.5 of the Health and Safety Code, to lower income households. (2)  The development proponent shall agree to, and the local government shall ensure, the continued affordability of all affordable ownership units for a period of 45 years. (c)  If the local government has a local affordable housing requirement, the housing development project shall comply with all of the following: (1)  The development project shall include the percentage of affordable units required by this section or the local requirement, whichever is higher. (2)  The development project shall meet the affordability level of a local affordable housing requirement if it is a deeper affordability level than required by this section. (3)  If the local affordable housing requirement requires greater than 15 percent of the units to be dedicated for lower income households and does not require the inclusion of units affordable 90 AB 2243 — 33 — to very low and extremely low income households, then the rental housing development shall do both of the following: (A)  Include 8 percent of the units for very low income households and 5 percent of the units for extremely low income households. (B)  Fifteen percent of units affordable to lower income households shall be subtracted from the percentage of units required by the local policy at the highest required affordability level. (d)  Affordable units in the development project shall have the same bedroom and bathroom count ratio as the market rate units, be equitably distributed within the project, and have the same type or quality of appliances, fixtures, and finishes. SEC. 10. Section 65912.123 of the Government Code is amended to read: 65912.123. A development project shall not be subject to the streamlined, ministerial review process provided by Section 65912.124 unless the development project meets all of the following objective development standards: (a)  The development shall be a multifamily housing development project. (b)  The residential density for the development, prior to the award of any eligible density bonus pursuant to Section 65915, shall be determined as follows: (1)  In a metropolitan jurisdiction, as determined pursuant to subdivisions (d) and (e) of Section 65583.2, the allowable residential density for the development shall be the greater of the following: (A)  The maximum allowable residential density, as defined in paragraph (6) of subdivision (o) of Section 65915, allowed on the parcel by the local government. (B)  For sites of less than one acre in size, 30 units per acre. (C)  For sites of one acre in size or greater located on a commercial corridor of less than 100 feet in width, 40 units per acre. (D)  For sites of one acre in size or greater located on a commercial corridor of 100 feet in width or greater, 60 units per acre. 90 — 34 — AB 2243 (E)  Notwithstanding subparagraph (B), (C), or (D), for sites within a very low vehicle travel area or within one-half mile of a major transit stop, 80 units per acre. (2)  In a jurisdiction that is not a metropolitan jurisdiction, as determined pursuant to subdivisions (d) and (e) of Section 65583.2, the allowable residential density for the development shall be the greater of the following: (A)  The maximum allowable residential density, as defined in paragraph (6) of subdivision (o) of Section 65915, allowed on the parcel by the local government. (B)  For sites of less than one acre in size, 20 units per acre. (C)  For sites of one acre in size or greater located on a commercial corridor of less than 100 feet in width, 30 units per acre. (D)  For sites of one acre in size or greater located on a commercial corridor of 100 feet in width or greater, 50 units per acre. (E)  Notwithstanding subparagraph (B), (C), or (D), for sites within a very low vehicle travel area or within one-half mile of a major transit stop, 70 units per acre. (3)  (A)  For a housing development project application that has been determined to be consistent with the objective planning standards specified in this article, pursuant to subdivision (a) of Section 65912.124, before January 1, 2027, the development project shall be developed at a density as follows: (i)  Except as provided in clause (ii), 50 percent or greater of the applicable allowable residential density contained in subparagraphs (B) to (E), inclusive, of paragraph (1) or subparagraphs (B) to (E), inclusive, of paragraph (2), as applicable. (ii)  For a site within one-half mile of an existing passenger rail or bus rapid transit station, 75 percent or greater of the applicable allowable residential density contained in subparagraphs (B) to (E), inclusive, of paragraph (1) or subparagraphs (B) to (E), inclusive, of paragraph (2), as applicable. (B)  For a housing development project application that has been determined to be consistent with the objective planning standards specified in this article, pursuant to subdivision (a) of Section 65912.124, on or after January 1, 2027, the development project shall be developed at a density that is 75 percent or greater of the applicable allowable residential density contained in subparagraphs 90 AB 2243 — 35 — (B) to (E), inclusive, of paragraph (1) or subparagraphs (B) to (E), inclusive, of paragraph (2), as applicable. (4)  Notwithstanding paragraphs (1) and (2), a development project shall not be subject to any density limitation if the development project is a conversion of existing buildings into residential use, unless the development project includes additional new square footage that is more than 20 percent of the overall square footage of the project. (c)  The height limit applicable to the housing development shall be the greater of the following: (1)  The height allowed on the parcel by the local government. (2)  For sites on a commercial corridor of less than 100 feet in width, 35 feet. (3)  For sites on a commercial corridor of 100 feet in width or greater, 45 feet. (4)  Notwithstanding paragraphs (2) and (3), 65 feet for sites that meet all of the following criteria: (A)  They are within one-half mile of a major transit stop. (B)  They are within a city with a population of greater than 100,000. (C)  They are not within a coastal zone, as defined in Division 20 (commencing with Section 30000) of the Public Resources Code. (d)  The property meets the following standards: (1)  For the portion of the property that fronts a commercial corridor, the following shall occur: (A)  No setbacks shall be required. (B)  All parking must be set back at least 25 feet. (C)  On the ground floor, a building or buildings must abut within 10 feet of the street for at least 80 percent of the frontage. (2)  For the portion of the property that abuts an adjoining property that also abuts the same commercial corridor as the property, no setbacks are required unless the adjoining property contains a residential use that was constructed prior to the enactment of this chapter, in which case the requirements of subparagraph (A) of paragraph (3) apply. (3)  For the portion of the property line that does not abut or lie within a commercial corridor, or an adjoining property that also abuts the same commercial corridor as the property, the following shall occur: 90 — 36 — AB 2243 (A)  Along property lines that abut a property that contains a residential use, the following shall occur: (i)  The ground floor of the development project shall be set back at 10 feet. The amount required to be set back may be decreased by the local government. (ii)  Starting with the second floor of the property, each subsequent floor of the development project shall be stepped back in an amount equal to seven feet multiplied by the floor number. For purposes of this paragraph, the ground floor counts as the first floor. The amount required to be stepped back may be decreased by the local government. (B)  Along property lines that abut a property that does not contain a residential use, the development shall be set back 15 feet. The amount required to be stepped back may be decreased by the local government. (4)  For a development project at a regional mall, all of the following requirements apply: (A)  The average size of a block shall not exceed three acres. For purposes of this subparagraph, a “block” means an area fully surrounded by streets, pedestrian paths, or a combination of streets and pedestrian paths that are each at least 40 feet in width. (B)  At least 5 percent of the site shall be dedicated to open space. (C)  For the portion of the property that fronts a street that is newly created by the project and is not a commercial corridor, a building shall abut within 10 feet of the street for at least 60 percent of the frontage. (e)  No parking shall be required, including replacement parking, except that this article shall not reduce, eliminate, or preclude the enforcement of any requirement imposed on a new multifamily residential or nonresidential development to provide bicycle parking, electric vehicle supply equipment installed parking spaces, or parking spaces that are accessible to persons with disabilities that would have otherwise applied to the development if this article did not apply. (f)  For any housing on the site located within 500 feet of a freeway, all of the following shall apply: (1)  The building shall have a centralized heating, ventilation, and air-conditioning system. 90 AB 2243 — 37 — (2)  The outdoor air intakes for the heating, ventilation, and air-conditioning system shall face away from the freeway. (3)  The building shall provide air filtration media for outside and return air that provide a minimum efficiency reporting value of 16. (4)  The air filtration media shall be replaced at the manufacturer’s designated interval. (5)  The building shall not have any balconies facing the freeway. (g)  None of the housing on the site is located within 3,200 feet of a facility that actively extracts or refines oil or natural gas. (h)  (1)  The development proponent shall provide written notice of the pending application to each commercial tenant on the parcel when the application is submitted. (2)  The development proponent shall provide relocation assistance to each eligible commercial tenant located on the site as follows: (A)  For a commercial tenant operating on the site for at least one year but less than five years, the relocation assistance shall be equivalent to six months’ rent. (B)  For a commercial tenant operating on the site for at least 5 years but less than 10 years, the relocation assistance shall be equivalent to nine months’ rent. (C)  For a commercial tenant operating on the site for at least 10 years but less than 15 years, the relocation assistance shall be equivalent to 12 months’ rent. (D)  For a commercial tenant operating on the site for at least 15 years but less than 20 years, the relocation assistance shall be equivalent to 15 months’ rent. (E)  For a commercial tenant operating on the site for at least 20 years, the relocation assistance shall be equivalent to 18 months’ rent. (3)  The relocation assistance shall be provided to an eligible commercial tenant upon expiration of the lease of that commercial tenant. (4)  For purposes of this subdivision, a commercial tenant is eligible for relocation assistance if the commercial tenant meets all of the following criteria: (A)  The commercial tenant is an independently owned and operated business with its principal office located in the county in 90 — 38 — AB 2243 which the property on the site that is leased by the commercial tenant is located. (B)  The commercial tenant’s lease expired and was not renewed by the property owner. (C)  The commercial tenant’s lease expired within the three years following the development proponent’s submission of the application for a housing development pursuant to this article. (D)  The commercial tenant employs 20 or fewer employees and has annual average gross receipts under one million dollars ($1,000,000) for the three-taxable-year period ending with the taxable year that precedes the expiration of their lease. (E)  The commercial tenant is still in operation on the site at the time of the expiration of its lease. (5)  Notwithstanding paragraph (4), for purposes of this subdivision, a commercial tenant is ineligible for relocation assistance if the commercial tenant meets both of the following criteria: (A)  The commercial tenant entered into a lease on the site after the development proponent’s submission of the application for a housing development pursuant to this article. (B)  The commercial tenant had not previously entered into a lease on the site. (6)  (A)  The commercial tenant shall utilize the funds provided by the development proponent to relocate the business or for costs of a new business. (B)  Notwithstanding paragraph (2), if the commercial tenant elects not to use the funds provided as required by subparagraph (A), the development proponent shall provide only assistance equal to three months’ rent, regardless of the duration of the commercial tenant’s lease. (7)  For purposes of this subdivision, monthly rent is equal to one-twelfth of the total amount of rent paid by the commercial tenant in the last 12 months. (i)  For any project that is the conversion of an existing building for nonresidential use building to residential use, the local government shall not require the provision of common open space beyond what is required for the existing project site. (j)  Objective zoning standards, objective subdivision standards, and objective design review standards not specified elsewhere in this section, as follows: 90 AB 2243 — 39 — (1)  The applicable objective standards shall be those for the closest zone in the city, county, or city and county that allows multifamily residential use at the residential density proposed by the project. If no zone exists that allows the residential density proposed by the project, the applicable objective standards shall be those for the zone that allows the greatest density within the city, county, or city and county. (2)  The applicable objective standards shall be those in effect at the time that the development application is submitted to the local government pursuant to this article. (3)  The objective standards shall not preclude a development from being built at the residential density required pursuant to subdivision (b) and shall not require the development to reduce unit size to meet the objective standards. (4)  The applicable objective standards may include a requirement that up to one-half of the ground floor of the housing development project be dedicated to retail use. (5)  For purposes of this section, “objective zoning standards,” “objective subdivision standards,” and “objective design review standards” mean standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official before submittal. These standards may be embodied in alternative objective land use specifications adopted by a city or county, and may include, but are not limited to, housing overlay zones, specific plans, inclusionary zoning ordinances, and density bonus ordinances. In the event that objective zoning, general plan, subdivision, or design review standards are mutually inconsistent, a development shall be deemed consistent with the objective zoning and subdivision standards pursuant to this subdivision if the development is consistent with the standards set forth in the general plan. SEC. 11. Section 65912.124 of the Government Code is amended to read: 65912.124. (a)  (1)  A local government shall determine, in writing, whether a development submitted pursuant to this article is consistent or is not consistent with the objective planning standards specified in this article within the following timeframes: 90 — 40 — AB 2243 (A)  Within 60 days of submittal of the development proposal to the local government if the development contains 150 or fewer housing units. (B)  Within 90 days of submittal of the development proposal to the local government if the development contains more than 150 housing units. (C)  Within 30 days of submittal of any development proposal that was resubmitted to address written feedback provided by the local government pursuant to this subdivision. (2)  (A)  If a local government determines that a development submitted pursuant to this article is in conflict with any of the objective planning standards specified in this article, it shall provide the development proponent, in writing, with an exhaustive list of the standard or standards the development conflicts with, and an explanation for the reason or reasons the development conflicts with that standard or standards, within the timeframes specified in paragraph (1). (B)  In any subsequent review of the application determined to be in conflict with the objective planning standards specified in this article, the local government shall not request the development proponent to provide any new information that was not stated in the initial list of items that were determined to be in conflict. (3)  Once the local government determines that a development submitted pursuant to this article is consistent with the objective planning standards specified in this article, it shall approve the development within the following timeframes: (A)  Within 60 days of the date that the development is determined to be consistent with the objective planning standards specified in this article, if the development contains 150 or fewer housing units. (B)  Within 90 days of the date that the development is determined to be consistent with the objective planning standards specified in this article, if the development contains more than 150 housing units. (4)  If the local government fails to provide the required documentation pursuant to paragraph (2), the development shall be deemed to satisfy the required objective planning standards. (b)  (1)  For purposes of this section, a development is consistent with the objective planning standards if there is substantial 90 AB 2243 — 41 — evidence that would allow a reasonable person to conclude that the development is consistent with the objective planning standards. (2)  For purposes of this section, a development is not in conflict with the objective planning standards solely on the basis that application materials are not included, if the application contains substantial evidence that would allow a reasonable person to conclude that the development is consistent with the objective planning standards. (c)  The determination of whether a proposed project submitted pursuant to this section is or is not in conflict with the objective planning standards is not a “project” as defined in Section 21065 of the Public Resources Code. (d)  Design review of the development may be conducted by the local government’s planning commission or any equivalent board or commission responsible for design review. That design review shall be objective and be strictly focused on assessing compliance with criteria required for streamlined, ministerial review of projects, as well as any reasonable objective design standards published and adopted by ordinance or resolution by a local jurisdiction before submittal of the development to the local government, and shall be broadly applicable to developments within the jurisdiction. That design review shall not in any way inhibit, chill, or preclude the ministerial approval provided by this section. (e)  If a development is located within an area of the coastal zone that is not excluded under clause (i), (ii), (iii), or (v) of subparagraph (A) of paragraph (6) of subdivision (a) of Section 65913.4, the development shall require a coastal development permit pursuant to Chapter 7 (commencing with Section 30600) of Division 20 of the Public Resources Code. A public agency with coastal development permitting authority shall approve a coastal development permit if it determines that the development is consistent with all objective standards of the local government’s certified local coastal program or, for areas that are not subject to a fully certified local coastal program, the certified land use plan of that area. (f)  (1)  A housing development proposed pursuant to this article shall be eligible for a density bonus, incentives or concessions, waivers or reductions of development standards, and parking ratios pursuant to Section 65915, except that the project shall not use a concession to reduce a local government requirement for the 90 — 42 — AB 2243 provision of ground floor retail that is consistent with the allowance contained in paragraph (3) of subdivision (j) of Section 65912.123. (2)  A development proponent may use incentives, concessions, and waivers or reductions of development standards allotted pursuant to subdivisions (d) and (e) of Section 65915 to deviate from the objective standards contained in subdivision (c) and paragraphs (2) and (3) of subdivision (d) of Section 65912.123. (3)  The utilization by a development proponent of incentives, concessions, and waivers or reductions of development standards allowed pursuant to Section 65915 shall not cause the project to be subject to a local discretionary government review process, or be considered a “project” under Division 13 (commencing with Section 21000) of the Public Resources Code, even if that incentive, concession, or waiver or reduction of development standards is not specified in a local ordinance. (4)  For purposes of this section, receipt of any density bonus, concession, incentive, waiver or reduction of development standards, and parking ratios to which the applicant is entitled under Section 65915 shall not constitute a basis to find the project inconsistent with the local coastal program. (5)  Notwithstanding paragraph (6) of subdivision (o) of Section 65915, for purposes of this subdivision, the maximum allowable residential density means the allowable density as determined pursuant to paragraphs (1) and (2) of subdivision (b) of Section 65912.123. (g)  If a development proposed pursuant to this article demolishes or changes an existing use, the amount of a fee, as defined in Section 66000, imposed on the development shall be offset to account for the demolition or change so that the amount of the fee is attributable only to the development’s incremental impact on public facilities or services. For purposes of this subdivision, an offset amount that exceeds the fee amount shall not be refundable or used to offset any other fee. This subdivision does not supersede or in any way alter or lessen the effect of the Mitigation Fee Act (Chapter 5 (commencing with Section 66000), Chapter 6 (commencing with Section 66010), Chapter 7 (commencing with Section 66012), Chapter 7.5 (commencing with Section 66015), Chapter 8 (commencing with Section 66016), and Chapter 9 (commencing with Section 66020)). For the purpose of this subdivision, “changes an existing use” means no demolition is 90 AB 2243 — 43 — proposed, but a current office, commercial, or similar use changes to residential use. (h)  The local government shall ensure that the project satisfies the requirements specified in Article 2 (commencing with Section 66300.5) of Chapter 12, regardless of whether the development is within or not within an affected city or within or not within an affected county. (i)  If the development is consistent with all objective subdivision standards in the local subdivision ordinance, an application for a subdivision pursuant to the Subdivision Map Act (Division 2 (commencing with Section 66410)) shall be exempt from the requirements of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code). (j)  A local government may, by ordinance adopted to implement this article, exempt a parcel from this section before a development proponent submits a development application on a parcel pursuant to this article if the local government makes written findings establishing all of the following: (1)  The local government has identified a parcel or parcels that meet the criteria described in subdivisions (b) and (e) to (h), inclusive, of Section 65912.121. (2)  (A)  If a parcel identified in paragraph (1) would not otherwise be eligible for development pursuant to this chapter, the implementing ordinance authorizes the parcel to be developed pursuant to the requirements of this chapter. A parcel reclassified for development pursuant to this subparagraph shall be suitable for residential development. For purposes of this subparagraph, a parcel suitable for residential development shall have the same meaning as “land suitable for residential development,” as defined in Section 65583.2. (B)  If a parcel identified in paragraph (1) would otherwise be eligible for development pursuant to this chapter, the implementing ordinance authorizes the parcel to be developed ministerially at residential densities above the residential density required in subdivision (b) of Section 65912.123 and heights required in subdivision (c) of Section 65912.123. (3)  The substitution of the parcel or parcels identified in this subdivision for parcels reclassified pursuant to paragraph (2) will result in all of the following: 90 — 44 — AB 2243 (A)  No net loss of the total potential residential capacity in the jurisdiction relative to the total capacity that existed in the jurisdiction through the combined effect of local and state law as of the date of the adoption of the ordinance. In making the no net loss calculation specified by this subparagraph, the local government need only factor in the parcels substituted and reclassified pursuant to this subdivision. (B)  No net loss of the total potential residential capacity of housing affordable to lower income households in the jurisdiction relative to the total capacity that existed in the jurisdiction through the combined effect of this chapter and local law as of the date of the adoption of the ordinance. In making the no net loss calculation specified by this subparagraph, the local government need only factor in the parcels substituted and reclassified pursuant to this subdivision. (C)  Affirmative furthering of fair housing. (4)  A parcel or parcels reclassified for development pursuant to subparagraph (A) of paragraph (2) shall be eligible for development pursuant to this chapter notwithstanding any contrary provision of the local government’s charter, general plan, or ordinances, and a parcel or parcels reclassified for development pursuant to subparagraph (B) of paragraph (2) shall be developed ministerially at the densities and heights specified in the ordinance notwithstanding any contrary provision of the local government’s charter, general plan, or ordinances. (5)  The local government has completed all of the rezonings required pursuant to subdivision (c) of Section 65583 for the sixth revision of its housing element. (6)  The local government has designated on its zoning maps which parcels have been exempted from this chapter and which parcels have been reclassified for development pursuant to this chapter. This information must be made publicly available through the local government’s internet website. (k)  (1)  The local government shall, as a condition of approval of the development, require the development proponent to complete a phase I environmental assessment, as defined in Section 78090 of the Health and Safety Code. (2)  If a recognized environmental condition is found, the development proponent shall undertake a preliminary endangerment assessment, as defined in Section 78095 of the 90 AB 2243 — 45 — Health and Safety Code, prepared by an environmental assessor to determine the existence of any release of a hazardous substance on the site and to determine the potential for exposure of future occupants to significant health hazards from any nearby property or activity. (A)  If a release of a hazardous substance is found to exist on the site, before the local government issues a certificate of occupancy, the release shall be removed, or any significant effects of the release shall be mitigated to a level of insignificance in compliance with current state and federal requirements. (B)  If a potential for exposure to significant hazards from surrounding properties or activities is found to exist, before the local government issues a certificate of occupancy, the effects of the potential exposure shall be mitigated to a level of insignificance in compliance with current state and federal requirements. (l)  A local government’s approval of a development pursuant to this section shall, notwithstanding any other law, be subject to the expiration timeframes specified in subdivision (g) of Section 65913.4. (m)  Any proposed modifications to a development project approved pursuant to this section shall be undertaken pursuant to subdivision (h) of Section 65913.4. (n)  A local government shall not adopt or impose any requirement, including, but not limited to, increased fees or inclusionary housing requirements, that applies to a project solely or partially on the basis that the project is eligible to receive streamlined, ministerial review pursuant to this section. (o)  A local government shall issue a subsequent permit required for a development approved under this section pursuant to paragraph (2) of subdivision (i) of Section 65913.4. (p)  A public improvement that is necessary to implement a development that is approved pursuant to this section shall be undertaken pursuant to paragraph (3) of subdivision (i) of Section 65913.4. (q)  A local government may adopt an ordinance to implement the provisions of this article. An ordinance adopted to implement this section shall not be considered a “project” under Division 13 (commencing with Section 21000) of the Public Resources Code. (r)  Section 65589.5 applies to a development proceeding pursuant to this article. 90 — 46 — AB 2243 SEC. 12. The Legislature finds and declares that the provision of adequate housing, in light of the severe shortage of housing at all income levels in this state, is a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this act applies to all cities, including charter cities. SEC. 13. The amendments adding subdivision (r) to Sections 65912.114 and 65912.124 of the Government Code made by this act do not constitute a change in, but are declaratory of, existing law. SEC. 14. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code. 90 AB 2243 — 47 — Approved , 2024 Governor Senate Bill No. 1037 Passed the Senate August 31, 2024 Secretary of the Senate Passed the Assembly August 31, 2024 Chief Clerk of the Assembly This bill was received by the Governor this day of , 2024, at o’clock m. Private Secretary of the Governor CHAPTER An act to add Section 65009.1 to the Government Code, relating to housing. legislative counsel’s digest SB 1037, Wiener. Planning and zoning: housing element: enforcement. Existing law, the Planning and Zoning Law, requires a city or county to adopt a general plan for land use development within its boundaries that includes, among other things, a housing element. The Planning and Zoning Law requires the Department of Housing and Community Development (HCD) to determine whether the housing element is in substantial compliance with specified provisions of that law. The Planning and Zoning Law requires HCD to notify a city, county, or city and county, and authorizes HCD to notify the office of the Attorney General, that the city, county, or city and county is in violation of state law if the local government has taken action in violation of specified provisions of law. The Planning and Zoning Law also requires, among other things, that an application for a housing development be subject to a specified streamlined, ministerial approval process if the development satisfies certain objective planning standards. The Planning and Zoning Law requires a city or county to bring its general plan into substantial compliance with provisions regulating general plans and specifies timelines under which the city or county is required to bring its zoning ordinance into consistency if the court finds in favor of a plaintiff in an action challenging the validity of a general plan, or any mandatory element thereof, as specified. This bill, in any action brought by the Attorney General or HCD to enforce the adoption of housing element revisions, as specified, or to enforce any state law that requires a city, county, or local agency to ministerially approve any planning or permitting application related to a housing development project, as specified, would subject the city, county, or local agency to specified remedies, including a civil penalty of, at minimum, $10,000 per month, and not exceeding $50,000 per month, for each violation, 94 — 2 — SB 1037 as specified. The bill would require that the penalties set forth in its provisions only apply when the local agency’s acts or omissions, as described, are arbitrary, capricious, or entirely lacking in evidentiary support, contrary to established public policy, unlawful, or procedurally unfair. The bill would require a court to modify certain of its prior orders, including an order directing a city or county to substantially comply with provisions regulating general plans and to bring its zoning ordinance into consistency, to impose, among other things, the maximum penalty specified in these provisions, as provided. The bill would require these civil penalties, as specified, to be deposited into the Building Homes and Jobs Trust Fund for the sole purpose of supporting the development of affordable housing located in the affected jurisdiction, except as provided, and would require that expenditure of any penalty moneys deposited into the fund under these provisions be subject to appropriation by the Legislature. In the event a city, county, or local agency fails to pay civil penalties imposed by the court, the bill would authorize the court to require the Controller to intercept any available state and local funds and direct those funds to the Building Homes and Jobs Trust Fund to correct the jurisdiction’s failure to pay, as specified. The bill would make a related statement of legislative findings and declarations. The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities. The people of the State of California do enact as follows: SECTION 1. The Legislature finds and declares all of the following: (a)  California has a statewide housing shortage crisis. (b)  California’s housing crisis stifles economic growth, contributes to the homelessness epidemic, consumes an ever-growing share of the paychecks of working families, and holds millions of households back from realizing the California dream of achieving housing security or home ownership. Conversely, new construction of residences, particularly multifamily homes, induces a chain of moves, ultimately adding 94 SB 1037 — 3 — more housing units affordable to middle- and low-income households. (c)  Restrictive zoning, land use planning, and burdensome residential permitting practices and policies, at the local level in particular, are a major cause of the shortfall between California’s housing needs and the available supply of housing. For example, despite the obligations of local governments under the Housing Element Law to update their general plans, including required rezoning for additional sites to address projected housing needs, numerous cities and counties continue to delay and, at times even refuse, to undertake required actions to encourage, promote, and facilitate the development of housing to accommodate the established regional housing need. The absence of updated housing elements that are substantially compliant with state law causes unnecessary uncertainty and delay in approving housing development applications. This cumulative delay causes many local governments to continue to fall behind in meeting their share of regional housing need. (d)  These restrictive practices and policies continue to persist despite other statewide reforms to expedite, streamline, and ministerially approve the planning and construction of housing of all types, including housing affordable to persons and families of lower income. While not exhaustive, these reforms can be found in the following provisions: (1)  Accessory dwelling units, as described in Chapter 13 (commencing with Section 66310) of Division 1 of Title 7 of the Government Code. (2)  By-right housing, in which certain multifamily housing is designated a permitted use, as described in Section 65589.4 of the Government Code. (3)  Reduced time for action on affordable housing applications under the approval of the development permits process, as described in Article 5 (commencing with Section 65950) of Chapter 4.5 of Division 1 of Title 7 of the Government Code. (4)  Streamlining housing approvals during a housing shortage, as described in Section 65913.4 of the Government Code. (5)  Streamlining agricultural employee housing development approvals, as described in Section 17021.8 of the Health and Safety Code. 94 — 4 — SB 1037 (6)  The Housing Crisis Act of 2019, as described in Chapter 654 of the Statutes of 2019 (Senate Bill 330). (7)  Allowing four units to be built on single-family parcels statewide, as described in Chapter 162 of the Statutes of 2021 (Senate Bill 9). (8)  The Middle Class Housing Act of 2022, as described in Section 65852.24 of the Government Code. (9)  The Affordable Housing and High Road Jobs Act of 2022, as described in Chapter 4.1 (commencing with Section 65912.100) of Division 1 of Title 7 of the Government Code. (10)  Housing element law requirements and required rezoning to address unmet housing needs, as described in Chapter 974 of the Statutes of 2018 (Senate Bill 828) and Chapter 358 of the Statutes of 2021 (Assembly Bill 1398). (11)  Small infill starter home subdivisions, as described in Sections 65913.4.5 and 66499.41 of the Government Code. SEC. 2. Section 65009.1 is added to the Government Code, to read: 65009.1. (a)  In any action brought by the Attorney General or the Department of Housing and Community Development to enforce the adoption of housing element revisions pursuant to the schedule set forth in subdivision (e) of Section 65588, or to enforce any state law that requires a city, county, or local agency to ministerially approve, without discretionary review, any planning or permitting application related to a housing development project, the city, county, or local agency shall be subject to the following remedies: (1)  A civil penalty of, at minimum, ten thousand dollars ($10,000) per month, and not exceeding fifty thousand dollars ($50,000) per month, for each violation, accrued from the date of the violation until the date the violation is cured. (2)  (A)  All costs of investigating and prosecuting this action, including expert fees, reasonable attorney’s fees, and costs, whenever the Attorney General or the department prevails in a civil action to enforce any state laws under this section. (B)  Awards imposed pursuant to this paragraph shall be paid to the Public Rights Law Enforcement Special Fund established by Section 12530. (3)  (A)  Other relief as the court deems appropriate, including equitable and injunctive relief, provisional or otherwise. 94 SB 1037 — 5 — (B)  Any injunction, provisional or otherwise, ordered by the court pursuant to this paragraph shall be deemed to be prohibitory, and not affirmative. (b)  The penalties set forth in this section shall only apply when the local agency’s acts or omissions described in subdivision (a) are arbitrary, capricious, entirely lacking in evidentiary support, contrary to established public policy, unlawful, or procedurally unfair. The purpose of this section is to ensure adequate remedies are available to ensure that state laws mandating streamlined, ministerial approvals related to housing development projects, and the timely adoption of housing element revisions, are promptly and faithfully followed. (c)  (1)  Any civil penalty levied pursuant to this section shall be deposited into the Building Homes and Jobs Trust Fund for the sole purpose of supporting the development of affordable housing located in the affected jurisdiction. Expenditure of any penalty moneys deposited into the Building Homes and Jobs Trust Fund pursuant to this subdivision shall be subject to appropriation by the Legislature. (2)  Any penalty imposed pursuant to this section shall not be paid out of funds already dedicated to affordable housing, including, but not limited to, very low, low-, and moderate-income households. (3)  To the extent permitted under the California Constitution, in the event a city, county, or local agency fails to pay civil penalties imposed by the court, the court may require the Controller to intercept any available state and local funds and direct those funds to the Building Homes and Jobs Trust Fund to correct the jurisdiction’s failure to pay. (4)  Notwithstanding paragraph (1), if the penalty moneys have not been expended five years after deposit, the penalty moneys may be used, upon appropriation, to finance newly constructed affordable housing units in the state without any geographic restrictions. (d)  (1)  The liability, penalties, and remedies imposed by this section are in addition to any other liability, penalties, and remedies imposed by any other law. (2)  For actions brought under this section to enforce the adoption of housing element revisions pursuant to the schedule set forth in subdivision (e) of Section 65588, and where a city, county, or local 94 — 6 — SB 1037 agency, despite a court order, fails to meet the timelines specified in Section 65754, all of the following apply: (A)  Unless already imposed by the court, the court shall modify its prior order directing a city, county, or local agency to comply with Section 65754 to impose the maximum penalty of fifty thousand dollars ($50,000) per month, as specified in paragraph (1) of subdivision (a) of this section, for each additional month until the city, county, or local agency has substantially complied with Section 65754. (B)  Unless already imposed by the court, the court shall also modify its prior order directing a city, county, or local agency, to comply with Section 65754 to impose all of the remedial provisions set forth in subdivision (a) of Section 65755, until the local agency has substantially complied with Section 65754. (C)  An order imposing remedial provisions set forth in subdivision (a) of Section 65755, including any order entered pursuant to subparagraph (B) of this paragraph, shall not suspend the city, county, or local agency’s authority to issue any type of approval identified in paragraphs (1), (2), and (3) of subdivision (a) of Section 65755 that is necessary for new housing development projects that are subject to any of the following: (i)  Subdivision (c) of Section 65755. (ii)  Subdivision (d) of Section 65589.5. (iii)  Any other statutory provision that requires a city, county, or local agency to ministerially approve, without discretionary review, a housing development project. (iv)  Any other housing development project, as defined in paragraph (2) of subdivision (h) of Section 65589.5 where the applicant establishes that approval of the project will not significantly impair the ability of the city, county, or local agency to comply with Section 65754. (e)  (1)  The remedies available to the Attorney General and the department pursuant to this section apply to all cities, including charter cities, and do not limit or affect the remedies available to any other party seeking to enforce the laws enumerated in subdivision (j) of Section 65585, including, but not limited to, the remedies in Article 14 (commencing with Section 65750) of Chapter 3, and attorneys’ fees pursuant to Section 1021.5 of the Code of Civil Procedure. 94 SB 1037 — 7 — (2)  The remedies in Article 14 (commencing with Section 65750) of Chapter 3 apply to actions against all cities, including charter cities, to enforce the requirements of Section 65585 as a mandatory element of a general plan under Article 5 (commencing with Section 65300) of Chapter 3. This paragraph is declaratory of existing law. SEC. 3. The Legislature finds and declares that the lack of housing is a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, the Legislature clarifies that Section 2 of this act adding Section 65009.1 to the Government Code, consistent with actions or proceedings brought under Article 14 (commencing with Section 65750) of Chapter 3 of Division 1 of Title 7 of the Government Code, applies to all cities, including charter cities. 94 — 8 — SB 1037 Approved , 2024 Governor Tri-Valley Cities DANVILLE • DUBLIN • LIVERMORE • PLEASANTON • SAN RAMON September 18, 2024 The Honorable Gavin Newsom State of California Governor 1021 O Street, Suite 9000 Sacramento, CA 95814 RE: AB 1886 (Alvarez) Housing Element Law: Substantial Compliance Tri-Valley Cities Coalition – Request for Veto Dear Governor Newsom, On behalf of the Tri-Valley Cities Coalition which includes the cities of Dublin, Livermore, Pleasanton, San Ramon, and the Town of Danville, we write to respectfully ask for your veto on AB 1886 (Alvarez) which changes existing law allowing cities a pathway to a housing element that is considered “in substantial compliance with housing element law”. For decades, cities have worked with HCD to draft housing plans that accommodate their fair share of housing at all income levels. These extensive and complex plans can take years to develop, include public involvement and engagement, and environmental review. Our Coalition goes to great lengths to ensure that our housing element substantially complies with the law, even if HCD disagrees. AB 1886 encourages unfair proliferation of “builder’s remedy” projects by eliminating self- certification for the purpose of what it means to have a housing element “in substantial compliance with the law”. The “builder’s remedy” allows a developer to choose any site other than a site that is identified for very low-, low-, or moderate-income housing, and construct a project that is inconsistent with both the city’s general plan and zoning. AB 1886 facilitates such projects for those cities that have a good faith disagreement based in substantial evidence. The Tri-Valley Cities Coalition believes that AB 1886 is counterproductive and doesn’t address the real issue of HCD needing to partner with cities to provide meaningful direction that helps them finalize their housing elements. For the above reasons, the Tri-Valley Cities Coalition requests your veto on AB 1886 (Alvarez). Sincerely, ______________________ ____________________ City of Pleasanton City of San Ramon Mayor Karla Brown Mayor David E. Hudson __________________ ____________________ ____________________ Town of Danville City of Dublin City of Livermore Mayor Karen Stepper Mayor Michael McCorriston Mayor John Marchand ATTACHMENT B Tri-Valley Cities DANVILLE • DUBLIN • LIVERMORE • PLEASANTON • SAN RAMON September 18, 2024 The Honorable Gavin Newsom State of California Governor 1021 O Street, Suite 9000 Sacramento, CA 95814 RE: SB 1037 (Wiener) Planning and Zoning: Housing Element: Enforcement Tri-Valley Cities Coalition – Request for Veto Dear Governor Newsom, On behalf of the Tri-Valley Cities Coalition which includes the cities of Dublin, Livermore, Pleasanton, San Ramon, and the Town of Danville, we write to respectfully request your veto of Senate Bill 1037 (Wiener), which allows the Attorney General to take legal action against a local government, and seek fines up to $50,000 a month, for failure to adopt a compliant housing element, or if the city does not follow State laws that require ministerial approval of certain housing projects. Under existing law, local governments may incur substantial fines and penalties for breaching specific housing statutes. Prior to the imposition of fines, a city is afforded the chance to rectify the violation. Furthermore, escalated fines are only enforced if the city neglects to comply with a court directive or demonstrates bad faith in its actions. Regrettably, SB 1037 presently lacks provisions allowing local governments to rectify inadvertent errors or resolve authentic disparities in legal interpretation. Even jurisdictions acting in utmost good faith could potentially face substantial fines and the obligation to cover all expenses incurred by the Attorney General in investigating and prosecuting the matter, encompassing fees for expert witnesses and attorneys. In lieu of enacting new fines and penalties, as provided in SB 1037, lawmakers and the Department of Housing and Community Development should offer municipalities precise directives and technical support to facilitate the completion of their housing elements and; in turn, enable the implementation of essential housing construction initiatives. For these reasons, the Tri-Valley Cities Coalition unfortunately opposes SB 1037 and respectfully asks for your veto. Sincerely, ______________________ ____________________ City of Pleasanton City of San Ramon Mayor Karla Brown Mayor David E. Hudson __________________ ____________________ ____________________ Town of Danville City of Dublin City of Livermore Mayor Karen Stepper Mayor Michael McCorriston Mayor John Marchand ATTACHMENT C