CC SR 20180717 H - SB 765, SB 828 & SB 381 Opposition LettersRANCHO PALOS VERDES CITY COUNCIL MEETING DATE: 07/17/2018
AGENDA REPORT AGENDA HEADING: Consent Calendar
AGENDA DESCRIPTION:
Consideration and possible action to oppose Senate Bill No. 765 regarding
“streamlined” planning and zoning processes; Senate Bill No. 828 regarding regional
housing needs allocations; and Senate Bill No. 831 regarding accessory dwelling units
RECOMMENDED COUNCIL ACTION:
(1) Authorize the Mayor to sign a letter to Senator Weiner in opposition to Senate Bill
No. 765 (SB 765) regarding “streamlined” planning and zoning processes;
(2) Authorize the Mayor to sign a letter to Senator Weiner in opposition to Senate Bill
No. 828 (SB 828) regarding regional housing needs allocations; and,
(3) Authorize the Mayor to sign a letter to Senator W ieckowski in opposition to
Senate Bill No. 831 (SB 831) regarding accessory dwelling units.
FISCAL IMPACT: None
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Kit Fox, AICP, Senior Administrative Analyst
REVIEWED BY: Gabriella Yap, Deputy City Manager
APPROVED BY: Doug Willmore, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. Draft letter in opposition to SB 765 (page A-1)
B. SB 765 (page B-1)
C. Draft letter in opposition to SB 828 (page C-1)
D. SB 828 (page D-1)
E. Draft letter in opposition to SB 831 (page E-1)
F. SB 831 (page F-1)
G. League of California Cities “Action Alert” regarding SB 756, SB 828 and
SB 831 (page G-1)
BACKGROUND AND DISCUSSION:
As the City Council may recall, Senator Scott Wiener from San Francisco introduced
Senate Bill No. 35 (SB 35) in February 2017. SB 35 proposed to require streamlined,
ministerial permits for qualifying housing projects if a city doesn’t provide the numbers of
housing units required in categories of its Regional Housing Needs Allocation (RHNA).
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“Streamlining” would include the elimination of public hearing and environmental review
processes for certain multifamily housing projects in nearly all California cities with more
than 2,500 residents. The City Council opposed SB 35, but it was signed into law by
Governor Brown in October 2017.
On January 3, 2018, Senator Wiener introduced Senate Bill No. 827 (SB 827) to
obligate cities to provide “transit-rich housing bonuses” for multifamily residential
projects located within one-half mile of a “major transit stop,” or along a “high-quality
transit corridor,” which could be miles away from an actual bus stop. In addition to
increased density, such bonuses would waive parking requirements and design review
standards, and permit structures between forty-five (45) and eighty-five (85) feet tall “by
right.” The City Council approved a letter in opposition to SB 827 on February 6, 2018.
The bill subsequently died in the Senate’s Transportation and Housing Committee on
April 17, 2018.
Undeterred by this setback, Senator Wiener has continued to push forward with bills
seeking to usurp local land use control in the name of addressing the State’s housing
shortage. On June 25, 2018, the League of California Cities distributed an “Action Alert”
(Attachment G) seeking cities’ opposition to two (2) bills sponsored by Senator Wiener
and a third bill sponsored by Senator Bob Wieckowski from Fremont:
• SB 765 (Wiener) (Attachment B) makes a number of changes to the streamlined
approval process as mandated by SB 35. Most notably, this measure expands
the “by-right” approval process to include housing projects that contain 50% or
more units affordable to households making below 120% of area median income.
Additionally, SB 765 requires the nonresidential portion of a mixed-use project to
be subject to the same streamlined, ministerial approval process. Disturbingly,
SB 765 also includes provisions to tie the permitting time line for SB 35
streamlined review to the date of “original submittal” of a project application to a
local jurisdiction, rather than using the date that an application is “deemed
complete” for processing by the local jurisdiction.
• SB 828 (Wiener) (Attachment D) requires a local jurisdiction to plan for and
accommodate 125% of its RHNA. Local jurisdictions must identify 25% more
sites suitable for housing development in their General Plan Housing Elements.
Additionally, SB 828 adds criteria to the methodology for the comprehensive
assessment for unmet housing need. This measure also contains language that
suggests that the housing need projection is a housing production mandate, a
completely unreasonable expectation given the fact that, in general,
developers—not cities—build housing.
• SB 831 (Wieckowski) (Attachment F) requires ministerial approval of accessory
dwelling units (ADUs) on any lot that allows for the construction of a home. Local
agencies must act within 60 days of the submittal of an application or the
application is automatically deemed approved. Additionally, SB 831 prohibits the
imposition of minimum lot size requirements for ADUs unless specific findings
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are made that identify adverse public safety impacts. SB 831 also creates
loopholes that could allow the development of multiple ADUs on multifamily sites
by allowing the conversion of open space, common areas and non-habitable
structures (e.g., laundry rooms, clubhouses, etc.) into ADUs.
In light of the adverse impacts that the enactment of any or all of these bills could have
upon the City, Staff has prepared a letters in opposition to the bills for the Mayor’s
signature (Attachments A, C and E). If approved, Staff will immediately transmit these
letters to Senators Wiener and Wieckowski and to the League.
ALTERNATIVES:
In addition to the Staff recommendation, the following alternative action is available for
the City Council’s consideration:
1. Do not authorize the Mayor to sign letters in opposition to one or more of
these housing bills.
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July 17, 2018
VIA FACSIMILE: (916) 651-4911
The Honorable Scott Wiener
California State Senate
State Capitol, Rm. 4066
Sacramento, CA 95814
SUBJECT: SB 765 (Wiener) Planning and Zoning: Streamlined Approval Process.
Notice of Opposition (as amended 6/18/18)
Dear Senator Wiener:
The City of Rancho Palos Verdes opposes SB 765 (Wiener), which would make a number
of substantial policy changes to your SB 35 signed into law last year. Our City shares the
concerns about SB 765 that have been expressed by the California Chapter of the
American Planning Association and the League of California Cities, to wit:
• SB 765 as amended will allow projects with 50% moderate-income units to use
SB 35 streamlining without requiring the project to include any low-income units or
deed restrictions in many areas where some affordability is now required.
Affordability, covenants and deed restrictions should be added to 50% moderate-
income projects.
• Under SB 765, the nonresidential portions of an eligible mixed-use project would
also be subject to streamlined ministerial approval. This is a major change in policy
and would be difficult for cities and counties to implement, as commercial
development often involves more variables than residential development and is
consequently harder to address through a ministerial process. When using the
term “mixed use” here, most people would interpret this language to mean
“vertically integrated mixed use,” which is not the same thing as having multiple
uses spread across large sites, which some developers will attempt to describe as
mixed use, even though it confers none of the benefits of vertically integrated
mixed-use development. It would make more sense to require vertical mixed use
to receive the streamlining.
DR
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Senator Scott Wiener
July 17, 2018
Page 2
• SB 765 now includes some very broad and rather vague intent language in the
middle of the statutory language: "It is the policy of the state that this paragraph
should be interpreted and implemented in a manner to afford the fullest possible
weight to the interest of, and the approval and provision of, the highest number of
housing units." There is similar intent language in the paragraph regarding design
review. This seems likely to generate disputes between local governments and
housing proponents as it could be subject to any number of differing
interpretations.
• SB 35 currently excludes projects that involve a subdivision unless certain criteria
are met. SB 765 provides that where those criteria are actually met, the
subdivision itself is also subject to streamlined approval. This sounds like a
clarification of the existing SB 35, but resolving the manifest and numerous
inconsistencies with the Subdivision Map Act may prove challenging for local
jurisdictions, and wholesale overriding of the “the primary regulatory control” for
subdivisions is generally troubling. Also, subdivisions pursuant to the Subdivision
Map Act are subject to CEQA so clarification regarding CEQA applicability is
needed. In addition, the subdivision findings seem to conflict with Subdivision Map
Act requirements. If the legislature wants subdivisions for SB 35 projects to be
ministerial, it would be helpful if the language were made explicit about which
aspects of the Subdivision Map Act still are applicable.
• SB 765 includes language referring to the “original submittal” of an application,
which continues to be problematic given that applicants often turn in minimally
compliant development applications. Why make the city or county provide written
documentation of conflicts with specific standards in effect at the time of the
“original submittal” of the project based on an incomplete application? The State
should be consistent and give cities and counties a clear timeline regarding the
application of development standards and regulations: the date that the application
is deemed complete. The “original submittal” date gives developers/applicants
extensive leeway to start an application and then not move forward for an extended
period of time. Additionally, if a city rejects an SB 35 application for not complying
with the statute’s threshold requirements, and the developer amends the
application and resubmits, it wouldn’t make sense to hold the city to a timeline
based on the original submittal date. This change would also arguably fix the
inclusionary percentage in a city at the 10% required by SB 35 and not allow any
of those cities to impose inclusionary requirements on new applications at any level
higher than 10 % (assuming they don’t already have a higher requirement on the
books now – or at least before the time of the “original submittal”.) A number of
jurisdictions may be working on updating their inclusionary requirements or
adopting requirements in the wake of AB 1505, and this provision would eliminate
that option.
DR
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Senator Scott Wiener
July 17, 2018
Page 3
• SB 765, in combining the Density Bonus Law with this law, appears to lower
affordability requirements. For example, in a 10% inclusionary jurisdiction, a
development automatically gets a 20% density bonus and one concession/
incentive simply by going through this SB 35 approval process. Cities have very
little discretion to deny a requested concession/incentive at this point so it’s difficult
to see how this would allow cities to actually apply even their objective zoning
standards allowed in SB 35. This essentially could allow an SB 35 project to get
the streamlined approval process without doing much that isn’t already required of
them in a city that has a 10% inclusionary requirement on the books. We
recommend that this amendment be clarified that for SB 35 purposes, the project
proponent will have to satisfy the 10% for SB 35 plus the additional affordable
percentage to qualify for density bonus.
For these reasons, the City of Rancho Palos Verdes opposes SB 765.
Sincerely,
Susan Brooks
Mayor
cc: Senator Ben Allen, FAX (916) 651-4926
Assembly Member Al Muratsuchi, FAX (916) 319-2166
Senate Transportation & Housing Committee, FAX (916) 445-2209
Senate Governance and Finance Committee, FAX (916) 322-0298
Rancho Palos Verdes City Council
Doug Willmore, City Manager
Gabriela Yap, Deputy City Manager
Kit Fox, Senior Administrative Analyst
Jeff Kiernan, League of California Cities (jkiernan@cacities.org)
Meg Desmond, League of California Cities (cityletters@cacities.org) DR
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AMENDED IN ASSEMBLY JUNE 18, 2018
AMENDED IN ASSEMBLY JUNE 14, 2018
AMENDED IN ASSEMBLY JULY 3, 2017
AMENDED IN SENATE MAY 26, 2017
AMENDED IN SENATE MAY 3, 2017
AMENDED IN SENATE MARCH 29, 2017
SENATE BILL No. 765
Introduced by Senator Wiener
(Coauthors: Assembly Members Berman and Friedman)
February 17, 2017
An act to amend Section 65913.4 of the Government Code, relating
to housing.
legislative counsel’s digest
SB 765, as amended, Wiener. Planning and zoning: streamlined
approval process.
Existing
(1) Existing law, until January 1, 2026, authorizes a development
proponent to submit an application for a multifamily housing
development, which satisfies specified objective planning standards,
that is subject to a streamlined, ministerial approval process, as provided,
and not subject to a conditional use permit. Existing law requires, among
other objective planning standards, that the development be subject to
a minimum percentage of below market rate housing on the basis that
the locality failed to submit its latest production report by the applicable
time period, or that if the report was submitted, it reflects either that
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there were fewer units of above-moderate-income housing approved
than were required for the regional housing needs assessment cycle for
that reporting period, that there were fewer units of housing affordable
to households making below 80% of the area median income that were
issued building permits than were required for the regional housing
needs assessment cycle for that reporting period and the project seeking
approval meets specified requirements, or that there were fewer units
of housing affordable to any of the previously described income levels
that were issued building permits than were required for the regional
housing needs assessment cycle for that reporting period, as specified.
This bill would revise these provisions to provide that the development
is subject to a minimum percentage of below market rate housing on
the basis that the locality’s latest production report was submitted to
the department within the time provided, and reflects either that there
were fewer units of housing affordable to households making above
120% of the area median income that were issued building permits than
were required for the regional housing needs assessment cycle for that
reporting period, that there were fewer units of housing affordable to
households making below 80% of the area median income that were
issued building permits than were required for the regional housing
needs assessment cycle for that reporting period and the project seeking
approval meets specified requirements, or there were fewer units of
housing affordable to households making between 80% and 120% of
the area median income issued building permits than were required for
the regional housing needs assessment cycle for that reporting period,
and the project seeking approval meets specified requirements.
Additionally, the bill would provide that the development is subject to
a minimum percentage of below market rate housing on the basis that
the locality failed to submit its latest 2 production reports by the
applicable time period or either of the 2 latest production reports reflect
that there were fewer units of housing affordable to households making
above 120% and below 80% of the area median income than were
required for the regional housing needs assessment cycle for that
reporting period, as specified.
(2) Existing law requires the objective planning standards described
above to include that the development, excluding any additional density
or any other concessions, incentives, or waivers of development
standards granted pursuant to the Density Bonus Law, is consistent
with objective zoning standards and objective design review standards
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in effect at the time that the development is submitted to the local
government.
This bill would specify that the receipt of a density bonus does not
constitute a valid basis on which to find a proposed housing development
project inconsistent with objective zoning standards or objective design
review standards. The bill would also state that it is the policy of the
state that these provisions should be interpreted and implemented in a
manner to afford the fullest possible weight to the interest of, and the
approval and provision of, the highest number of housing units.
(3) Existing law requires that the objective planning standards
described above include that the development is not located on a site
that is within either a flood plain as determined by maps promulgated
by the Federal Emergency Management Agency (FEMA) unless the
development has been issued a flood plain development permit, or that
the site is not located within a floodway as determined by maps
promulgated by FEMA unless the development has received a no-rise
certification in accordance with specified federal requirements.
This bill would modify the above provisions to provide that the
development may not be located on a site that is within either a special
flood hazard area that is determined by FEMA to be subject to
inundation by the 1% annual chance flood unless that site has been
subject to a Letter of Map Revision prepared by FEMA and issued to
the local government, or the site meets FEMA requirements necessary
to meet minimum flood plain management criteria, or be located within
a regulatory floodway as determined by FEMA in any official map
unless the no-rise certification has been received. The bill would provide
that if a development proponent meets all applicable federal qualifying
criteria and is otherwise eligible for streamlined approval, then a local
government is prohibited from denying an application on the basis that
the development proponent did not comply with additional requirements
adopted by the local government that are applicable to that site.
(4) Existing law requires the objective planning standards described
above to include that the development certify to the locality that a skilled
and trained workforce will be used to complete the development, if the
development meets certain standards and depending on when the
application is approved, including that if the application for the
development is approved between January 1, 2020, and December 31,
2021, and the development consists of more than 50 units and is located
in a jurisdiction that meets specified requirements, or if the application
for the development is approved between January 1, 2022, and
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December 31, 2025, and the development consists of more than 25 units
and is located in a jurisdiction that meets specified requirements.
This bill would modify those provisions by requiring a skilled and
trained workforce to be used if the application for the development is
approved between January 1, 2020, and December 31, 2021, and the
development consists of more than 50 units that are not 100% subsidized
affordable housing, or if the application for the development is approved
between January 1, 2022, and December 31, 2025, and the development
consists of more than 25 units that are not 100% subsidized affordable
housing.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 65913.4 of the Government Code is
line 2 amended to read:
line 3 65913.4. (a) A development proponent may submit an
line 4 application for a development that is subject to the streamlined,
line 5 ministerial approval process provided by subdivision (b) and not
line 6 subject to a conditional use permit if the development satisfies all
line 7 of the following objective planning standards: standards set forth
line 8 in this subdivision. These development projects are not subject to
line 9 a conditional use permit or any other discretionary approval from
line 10 the planning commission or any other equivalent board or
line 11 commission responsible for the review and approval of
line 12 development projects. These development projects are also subject
line 13 to the streamlined, ministerial approval process provided by
line 14 subdivisions (b) and (c). The applicable objective planning
line 15 standards are as follows:
line 16 (1) The development is a multifamily housing development that
line 17 contains two or more residential units.
line 18 (2) The development is located on a site that satisfies all of the
line 19 following:
line 20 (A) A site that is a legal parcel or parcels located in a city if,
line 21 and only if, the city boundaries include some portion of either an
line 22 urbanized area or urban cluster, as designated by the United States
line 23 Census Bureau, or, for unincorporated areas, a legal parcel or
line 24 parcels wholly within the boundaries of an urbanized area or urban
line 25 cluster, as designated by the United States Census Bureau.
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line 1 (B) A site in which at least 75 percent of the perimeter of the
line 2 site adjoins parcels that are developed with urban uses. For the
line 3 purposes of this section, parcels that are only separated by a street
line 4 or highway shall be considered to be adjoined.
line 5 (C) A site that is zoned for residential use or residential
line 6 mixed-use development, or has a general plan designation that
line 7 allows residential use or a mix of residential and nonresidential
line 8 uses, with at least two-thirds of the square footage of the
line 9 development designated for residential use. Both residential and
line 10 nonresidential portions of a mixed-use project shall be subject to
line 11 the streamlined and ministerial approval process, provided that
line 12 residential uses make up at least two-thirds of the gross square
line 13 footage of the total development, including any additional
line 14 residential square footage granted by a density bonus.
line 15 (3) If the development contains units that are subsidized, the
line 16 development proponent already has recorded, or is required by
line 17 law to record, a land use restriction for the following applicable
line 18 minimum durations:
line 19 (A) Fifty-five years for units that are rented.
line 20 (B) Forty-five years for units that are owned.
line 21 (4) The development is subject to a requirement mandating a
line 22 minimum percentage of below market rate housing based on one
line 23 of the following:
line 24 (A) The locality’s production report was submitted to the
line 25 department by the time period required by Section 65400, and
line 26 reflects that there were fewer units of housing affordable to
line 27 households making above 120 percent of the area median income
line 28 that were issued building permits than were required for the
line 29 regional housing needs assessment cycle for that reporting period.
line 30 In addition, if the project contains more than 10 units of housing,
line 31 the project seeking approval dedicates a minimum of 10 percent
line 32 of the total number of units to housing affordable to households
line 33 making below 80 percent of the area median income. If the locality
line 34 has adopted a local ordinance that requires that greater than 10
line 35 percent of the units be dedicated to housing affordable to
line 36 households making below 80 percent of the area median income,
line 37 that zoning ordinance applies.
line 38 (B) The locality’s production report was submitted to the
line 39 department by the time period required by Section 65400, and
line 40 reflects that there were fewer units of housing affordable to
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line 1 households making below 80 percent of the area median income
line 2 that were issued building permits than were required for the
line 3 regional housing needs assessment cycle for that reporting period,
line 4 and the project seeking approval dedicates 50 percent of the total
line 5 number of units to housing affordable to households making below
line 6 80 percent of the area median income, unless the locality has
line 7 adopted a local ordinance that requires that greater than 50 percent
line 8 of the units be dedicated to housing affordable to households
line 9 making below 80 percent of the area median income, in which
line 10 case that ordinance applies.
line 11 (C) The locality’s production report was submitted to the
line 12 department by the time period required by Section 65400 and
line 13 reflects that there were fewer units of housing affordable to
line 14 households making between 80 and 120 percent of the area median
line 15 income issued building permits than were required for the regional
line 16 housing needs assessment cycle for that reporting period, and the
line 17 project seeking approval dedicates 50 percent of the total number
line 18 of units of housing affordable to households making below 120
line 19 percent of the area median income.
line 20 (D) The locality did not submit its two latest production reports
line 21 to the department by the time period required by Section 65400,
line 22 or either of the two latest production reports that were submitted
line 23 reflect that there were fewer units of housing affordable to both
line 24 income levels described in subparagraphs (A) or and (B) than were
line 25 required for the regional housing needs assessment cycle for that
line 26 reporting period. In addition, if the project contains more than 10
line 27 units of housing, the project seeking approval dedicates a minimum
line 28 of 10 percent of the total number of units to housing affordable to
line 29 households making below 80 percent of the area median income.
line 30 If the locality has adopted a local ordinance that requires that
line 31 greater than 10 percent of the units be dedicated to housing
line 32 affordable to households making below 80 percent of the area
line 33 median income, that ordinance applies.
line 34 (5) The development, excluding any additional density or any
line 35 other concessions, incentives, or waivers of development standards
line 36 granted pursuant to the Density Bonus Law in Section 65915, is
line 37 consistent with objective zoning standards and objective design
line 38 review standards in effect at the time that the development is
line 39 submitted to the local government pursuant to this section. For
line 40 purposes of this paragraph, the receipt of a density bonus pursuant
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line 1 to Section 65915 shall not constitute a valid basis on which to find
line 2 a proposed housing development project inconsistent with objective
line 3 zoning standards or objective design review standards. For
line 4 purposes of this paragraph, “objective zoning standards” and
line 5 “objective design review standards” mean standards that involve
line 6 no personal or subjective judgment by a public official and are
line 7 uniformly verifiable by reference to an external and uniform
line 8 benchmark or criterion available and knowable by both the
line 9 development applicant or proponent and the public official prior
line 10 to submittal. These standards may be embodied in alternative
line 11 objective land use specifications adopted by a city or county, and
line 12 may include, but are not limited to, housing overlay zones, specific
line 13 plans, inclusionary zoning ordinances, and density bonus
line 14 ordinances, subject to the following:
line 15 (A) A development shall be deemed consistent with the objective
line 16 zoning standards related to housing density, as applicable, if the
line 17 density proposed is compliant with the maximum density allowed
line 18 within that land use designation, notwithstanding any specified
line 19 maximum unit allocation that may result in fewer units of housing
line 20 being permitted.
line 21 (B) In the event that objective zoning, general plan, or design
line 22 review standards are mutually inconsistent, a development shall
line 23 be deemed consistent with the objective zoning standards pursuant
line 24 to this subdivision if the development is consistent with the
line 25 standards set forth in the general plan.
line 26 (C) It is the policy of the state that this paragraph should be
line 27 interpreted and implemented in a manner to afford the fullest
line 28 possible weight to the interest of, and the approval and provision
line 29 of, the highest number of housing units.
line 30 (6) The development is not located on a site that is any of the
line 31 following:
line 32 (A) A coastal zone, as defined in Division 20 (commencing
line 33 with Section 30000) of the Public Resources Code.
line 34 (B) Either prime farmland or farmland of statewide importance,
line 35 as defined pursuant to United States Department of Agriculture
line 36 land inventory and monitoring criteria, as modified for California,
line 37 and designated on the maps prepared by the Farmland Mapping
line 38 and Monitoring Program of the Department of Conservation, or
line 39 land zoned or designated for agricultural protection or preservation
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line 1 by a local ballot measure that was approved by the voters of that
line 2 jurisdiction.
line 3 (C) Wetlands, as defined in the United States Fish and Wildlife
line 4 Service Manual, Part 660 FW 2 (June 21, 1993).
line 5 (D) Within a very high fire hazard severity zone, as determined
line 6 by the Department of Forestry and Fire Protection pursuant to
line 7 Section 51178, or within a high or very high fire hazard severity
line 8 zone as indicated on maps adopted by the Department of Forestry
line 9 and Fire Protection pursuant to Section 4202 of the Public
line 10 Resources Code. This subparagraph does not apply to sites
line 11 excluded from the specified hazard zones by a local agency,
line 12 pursuant to subdivision (b) of Section 51179, or sites that have
line 13 adopted fire hazard mitigation measures pursuant to existing
line 14 building standards or state fire mitigation measures applicable to
line 15 the development.
line 16 (E) A hazardous waste site that is listed pursuant to Section
line 17 65962.5 or a hazardous waste site designated by the Department
line 18 of Toxic Substances Control pursuant to Section 25356 of the
line 19 Health and Safety Code, unless the Department of Toxic
line 20 Substances Control has cleared the site for residential use or
line 21 residential mixed uses.
line 22 (F) Within a delineated earthquake fault zone as determined by
line 23 the State Geologist in any official maps published by the State
line 24 Geologist, unless the development complies with applicable seismic
line 25 protection building code standards adopted by the California
line 26 Building Standards Commission under the California Building
line 27 Standards Law (Part 2.5 (commencing with Section 18901) of
line 28 Division 13 of the Health and Safety Code), and by any local
line 29 building department under Chapter 12.2 (commencing with Section
line 30 8875) of Division 1 of Title 2.
line 31 (G) Within a special flood hazard area subject to inundation
line 32 by the 1-percent annual chance flood (100-year flood) as
line 33 determined by the Federal Emergency Management Agency in any
line 34 official maps published by the Federal Emergency Management
line 35 Agency. If a development proponent is able to satisfy all applicable
line 36 federal qualifying criteria in order to provide that the site satisfies
line 37 this subparagraph and is otherwise eligible for streamlined
line 38 approval under this section, a local government shall not deny the
line 39 application on the basis that the development proponent did not
line 40 comply with any additional permit requirement, standard, or action
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line 1 adopted by that local government that is applicable to that site. A
line 2 development may be located on a site described in this
line 3 subparagraph if either of the following are met:
line 4 (i) The site has been subject to a Letter of Map Revision
line 5 prepared by the Federal Emergency Management Agency and
line 6 issued to the local jurisdiction.
line 7 (G) Within a flood plain as determined by maps promulgated
line 8 by the
line 9 (ii) The site meets Federal Emergency Management Agency,
line 10 unless the development has been issued a flood plain development
line 11 permit Agency requirements necessary to meet minimum flood
line 12 plain management criteria of the National Flood Insurance
line 13 Program pursuant to Part 59 (commencing with Section 59.1) and
line 14 Part 60 (commencing with Section 60.1) of Subchapter B of
line 15 Chapter I of Title 44 of the Code of Federal Regulations.
line 16 (H) Within a regulatory floodway as determined by maps
line 17 promulgated by the Federal Emergency Management Agency in
line 18 any official maps published by the Federal Emergency
line 19 Management Agency, unless the development has received a
line 20 no-rise certification in accordance with Section 60.3(d)(3) of Title
line 21 44 of the Code of Federal Regulations. If a development proponent
line 22 is able to satisfy all applicable federal qualifying criteria in order
line 23 to provide that the site satisfies this subparagraph and is otherwise
line 24 eligible for streamlined approval under this section, a local
line 25 government shall not deny the application on the basis that the
line 26 development proponent did not comply with any additional permit
line 27 requirement, standard, or action adopted by that local government
line 28 that is applicable to that site.
line 29 (I) Lands identified for conservation in an adopted natural
line 30 community conservation plan pursuant to the Natural Community
line 31 Conservation Planning Act (Chapter 10 (commencing with Section
line 32 2800) of Division 3 of the Fish and Game Code), habitat
line 33 conservation plan pursuant to the federal Endangered Species Act
line 34 of 1973 (16 U.S.C. Sec. 1531 et seq.), or other adopted natural
line 35 resource protection plan.
line 36 (J) Habitat for protected species identified as candidate,
line 37 sensitive, or species of special status by state or federal agencies,
line 38 fully protected species, or species protected by the federal
line 39 Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.),
line 40 the California Endangered Species Act (Chapter 1.5 (commencing
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line 1 with Section 2050) of Division 3 of the Fish and Game Code), or
line 2 the Native Plant Protection Act (Chapter 10 (commencing with
line 3 Section 1900) of Division 2 of the Fish and Game Code).
line 4 (K) Lands under conservation easement.
line 5 (7) The development is not located on a site where any of the
line 6 following apply:
line 7 (A) The development would require the demolition of the
line 8 following types of housing:
line 9 (i) Housing that is subject to a recorded covenant, ordinance,
line 10 or law that restricts rents to levels affordable to persons and
line 11 families of moderate, low, or very low income.
line 12 (ii) Housing that is subject to any form of rent or price control
line 13 through a public entity’s valid exercise of its police power.
line 14 (iii) Housing that has been occupied by tenants within the past
line 15 10 years.
line 16 (B) The site was previously used for housing that was occupied
line 17 by tenants that was demolished within 10 years before the
line 18 development proponent submits an application under this section.
line 19 (C) The development would require the demolition of a historic
line 20 structure that was placed on a national, state, or local historic
line 21 register.
line 22 (D) The property contains housing units that are occupied by
line 23 tenants, and units at the property are, or were, subsequently offered
line 24 for sale to the general public by the subdivider or subsequent owner
line 25 of the property.
line 26 (8) The development proponent has done both of the following,
line 27 as applicable:
line 28 (A) Certified to the locality that either of the following is true,
line 29 as applicable:
line 30 (i) The entirety of the development is a public work for purposes
line 31 of Chapter 1 (commencing with Section 1720) of Part 7 of Division
line 32 2 of the Labor Code.
line 33 (ii) If the development is not in its entirety a public work, that
line 34 all construction workers employed in the execution of the
line 35 development will be paid at least the general prevailing rate of per
line 36 diem wages for the type of work and geographic area, as
line 37 determined by the Director of Industrial Relations pursuant to
line 38 Sections 1773 and 1773.9 of the Labor Code, except that
line 39 apprentices registered in programs approved by the Chief of the
line 40 Division of Apprenticeship Standards may be paid at least the
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line 1 applicable apprentice prevailing rate. If the development is subject
line 2 to this subparagraph, then for those portions of the development
line 3 that are not a public work all of the following shall apply:
line 4 (I) The development proponent shall ensure that the prevailing
line 5 wage requirement is included in all contracts for the performance
line 6 of the work.
line 7 (II) All contractors and subcontractors shall pay to all
line 8 construction workers employed in the execution of the work at
line 9 least the general prevailing rate of per diem wages, except that
line 10 apprentices registered in programs approved by the Chief of the
line 11 Division of Apprenticeship Standards may be paid at least the
line 12 applicable apprentice prevailing rate.
line 13 (III) Except as provided in subclause (V), all contractors and
line 14 subcontractors shall maintain and verify payroll records pursuant
line 15 to Section 1776 of the Labor Code and make those records
line 16 available for inspection and copying as provided in therein.
line 17 (IV) Except as provided in subclause (V), the obligation of the
line 18 contractors and subcontractors to pay prevailing wages may be
line 19 enforced by the Labor Commissioner through the issuance of a
line 20 civil wage and penalty assessment pursuant to Section 1741 of the
line 21 Labor Code, which may be reviewed pursuant to Section 1742 of
line 22 the Labor Code, within 18 months after the completion of the
line 23 development, by an underpaid worker through an administrative
line 24 complaint or civil action, or by a joint labor-management
line 25 committee though a civil action under Section 1771.2 of the Labor
line 26 Code. If a civil wage and penalty assessment is issued, the
line 27 contractor, subcontractor, and surety on a bond or bonds issued to
line 28 secure the payment of wages covered by the assessment shall be
line 29 liable for liquidated damages pursuant to Section 1742.1 of the
line 30 Labor Code.
line 31 (V) Subclauses (III) and (IV) shall not apply if all contractors
line 32 and subcontractors performing work on the development are subject
line 33 to a project labor agreement that requires the payment of prevailing
line 34 wages to all construction workers employed in the execution of
line 35 the development and provides for enforcement of that obligation
line 36 through an arbitration procedure. For purposes of this clause,
line 37 “project labor agreement” has the same meaning as set forth in
line 38 paragraph (1) of subdivision (b) of Section 2500 of the Public
line 39 Contract Code.
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line 1 (VI) Notwithstanding subdivision (c) of Section 1773.1 of the
line 2 Labor Code, the requirement that employer payments not reduce
line 3 the obligation to pay the hourly straight time or overtime wages
line 4 found to be prevailing shall not apply if otherwise provided in a
line 5 bona fide collective bargaining agreement covering the worker.
line 6 The requirement to pay at least the general prevailing rate of per
line 7 diem wages does not preclude use of an alternative workweek
line 8 schedule adopted pursuant to Section 511 or 514 of the Labor
line 9 Code.
line 10 (B) (i) For developments for which any of the following
line 11 conditions apply, certified that a skilled and trained workforce
line 12 shall be used to complete the development if the application is
line 13 approved:
line 14 (I) On and after January 1, 2018, until December 31, 2021, the
line 15 development consists of 75 or more units that are with a residential
line 16 component that is not 100 percent subsidized affordable housing
line 17 and will be located within a jurisdiction located in a coastal or bay
line 18 county with a population of 225,000 or more.
line 19 (II) On and after January 1, 2022, until December 31, 2025, the
line 20 development consists of 50 or more units that are with a residential
line 21 component that is not 100 percent subsidized affordable housing
line 22 and will be located within a jurisdiction located in a coastal or bay
line 23 county with a population of 225,000 or more.
line 24 (III) On and after January 1, 2018, until December 31, 2019,
line 25 the development consists of 75 or more units that are with a
line 26 residential component that is not 100 percent subsidized affordable
line 27 housing and will be located within a jurisdiction with a population
line 28 of fewer than 550,000 and that is not located in a coastal or bay
line 29 county.
line 30 (IV) On and after January 1, 2020, until December 31, 2021,
line 31 the development consists of more than 50 units with a residential
line 32 component that is not 100 percent subsidized affordable housing
line 33 and will be located within a jurisdiction with a population of fewer
line 34 than 550,000 and that is not located in a coastal or bay county.
line 35 (V) On and after January 1, 2022, until December 31, 2025, the
line 36 development consists of more than 25 units with a residential
line 37 component that is not 100 percent subsidized affordable housing
line 38 and will be located within a jurisdiction with a population of fewer
line 39 than 550,000 and that is not located in a coastal bay county.
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line 1 (ii) For purposes of this section, “skilled and trained workforce”
line 2 has the same meaning as provided in Chapter 2.9 (commencing
line 3 with Section 2600) of Part 1 of Division 2 of the Public Contract
line 4 Code.
line 5 (iii) If the development proponent has certified that a skilled
line 6 and trained workforce will be used to complete the development
line 7 and the application is approved, the following shall apply:
line 8 (I) The applicant shall require in all contracts for the
line 9 performance of work that every contractor and subcontractor at
line 10 every tier will individually use a skilled and trained workforce to
line 11 complete the development.
line 12 (II) Every contractor and subcontractor shall use a skilled and
line 13 trained workforce to complete the development.
line 14 (III) Except as provided in subclause (IV), the applicant shall
line 15 provide to the locality, on a monthly basis while the development
line 16 or contract is being performed, a report demonstrating compliance
line 17 with Chapter 2.9 (commencing with Section 2600) of Part 1 of
line 18 Division 2 of the Public Contract Code. A monthly report provided
line 19 to the locality pursuant to this subclause shall be a public record
line 20 under the California Public Records Act (Chapter 3.5 (commencing
line 21 with Section 6250) of Division 7 of Title 1) and shall be open to
line 22 public inspection. An applicant that fails to provide a monthly
line 23 report demonstrating compliance with Chapter 2.9 (commencing
line 24 with Section 2600) of Part 1 of Division 2 of the Public Contract
line 25 Code shall be subject to a civil penalty of ten thousand dollars
line 26 ($10,000) per month for each month for which the report has not
line 27 been provided. Any contractor or subcontractor that fails to use a
line 28 skilled and trained workforce shall be subject to a civil penalty of
line 29 two hundred dollars ($200) per day for each worker employed in
line 30 contravention of the skilled and trained workforce requirement.
line 31 Penalties may be assessed by the Labor Commissioner within 18
line 32 months of completion of the development using the same
line 33 procedures for issuance of civil wage and penalty assessments
line 34 pursuant to Section 1741 of the Labor Code, and may be reviewed
line 35 pursuant to the same procedures in Section 1742 of the Labor
line 36 Code. Penalties shall be paid to the State Public Works
line 37 Enforcement Fund.
line 38 (IV) Subclause (III) shall not apply if all contractors and
line 39 subcontractors performing work on the development are subject
line 40 to a project labor agreement that requires compliance with the
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line 1 skilled and trained workforce requirement and provides for
line 2 enforcement of that obligation through an arbitration procedure.
line 3 For purposes of this subparagraph, “project labor agreement” has
line 4 the same meaning as set forth in paragraph (1) of subdivision (b)
line 5 of Section 2500 of the Public Contract Code.
line 6 (C) Notwithstanding subparagraphs (A) and (B), a development
line 7 that is subject to approval pursuant to this section is exempt from
line 8 any requirement to pay prevailing wages or use a skilled and
line 9 trained workforce if it meets both of the following:
line 10 (i) The project includes 10 or fewer units.
line 11 (ii) The project is not a public work for purposes of Chapter 1
line 12 (commencing with Section 1720) of Part 7 of Division 2 of the
line 13 Labor Code.
line 14 (9) The development did not or does not involve a subdivision
line 15 of a parcel that is, or, notwithstanding this section, would otherwise
line 16 be, subject to the Subdivision Map Act (Division 2 (commencing
line 17 with Section 66410)) or any other applicable law authorizing the
line 18 subdivision of land, unless either of the following apply:
line 19 (A) The development has received or will receive financing or
line 20 funding by means of a low-income housing tax credit and is subject
line 21 to the requirement that prevailing wages be paid pursuant to
line 22 subparagraph (A) of paragraph (8).
line 23 (B) The development is subject to the requirement that
line 24 prevailing wages be paid, and a skilled and trained workforce used,
line 25 pursuant to paragraph (8).
line 26 (C) If a development involves a subdivision of a parcel and
line 27 meets either of the criteria in subparagraph (A) or (B), then that
line 28 subdivision shall also be subject to the streamlined and ministerial
line 29 process provided by subdivision (b).
line 30 (10) The development shall not be upon an existing parcel of
line 31 land or site that is governed under the Mobilehome Residency Law
line 32 (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2
line 33 of Division 2 of the Civil Code), the Recreational Vehicle Park
line 34 Occupancy Law (Chapter 2.6 (commencing with Section 799.20)
line 35 of Title 2 of Part 2 of Division 2 of the Civil Code), the
line 36 Mobilehome Parks Act (Part 2.1 (commencing with Section 18200)
line 37 of Division 13 of the Health and Safety Code), or the Special
line 38 Occupancy Parks Act (Part 2.3 (commencing with Section 18860)
line 39 of Division 13 of the Health and Safety Code).
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line 1 (b) (1) If a local government determines that a development
line 2 submitted pursuant to this section is in conflict with any of the
line 3 objective planning standards in effect at the time of the original
line 4 submittal specified in subdivision (a), it shall provide the
line 5 development proponent written documentation of which standard
line 6 or standards the development conflicts with, and an explanation
line 7 for the reason or reasons the development conflicts with that
line 8 standard or standards, as follows:
line 9 (A) Within 60 days of the original submittal of the development
line 10 to the local government pursuant to this section if the development
line 11 contains 150 or fewer housing units.
line 12 (B) Within 90 days of the original submittal of the development
line 13 to the local government pursuant to this section if the development
line 14 contains more than 150 housing units.
line 15 (2) If the local government fails to provide the required
line 16 documentation pursuant to paragraph (1), the development shall
line 17 be deemed to satisfy the objective planning standards specified in
line 18 subdivision (a).
line 19 (3) For purposes of this section, a change to the zoning
line 20 ordinance or general plan land use designation subsequent to the
line 21 date the application was originally submitted shall not constitute
line 22 a valid basis to disapprove the project.
line 23 (c) Any design review or public oversight of the development
line 24 may be conducted by the local government’s planning commission
line 25 or any equivalent board or commission responsible for review and
line 26 approval of development projects, or the city council or board of
line 27 supervisors, as appropriate. Any applicable design review
line 28 enforceable through this section shall be interpreted and
line 29 implemented in a manner to afford the fullest possible weight to
line 30 the interest of, and the approval and provision of, the highest
line 31 number of housing units. That design review or public oversight
line 32 shall be objective and be strictly focused on assessing compliance
line 33 with criteria required for streamlined projects, as well as any
line 34 reasonable objective design standards published and adopted by
line 35 ordinance or resolution by a local jurisdiction before submission
line 36 of a development application, and shall be broadly applicable to
line 37 development within the jurisdiction. That design review or public
line 38 oversight shall be completed as follows and shall not in any way
line 39 inhibit, chill, or preclude the ministerial approval provided by this
line 40 section or its effect, as applicable:
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line 1 (1) Within 90 days of submittal of the development to the local
line 2 government pursuant to this section if the development contains
line 3 150 or fewer housing units.
line 4 (2) Within 180 days of submittal of the development to the local
line 5 government pursuant to this section if the development contains
line 6 more than 150 housing units.
line 7 (d) (1) Notwithstanding any other law, a local government,
line 8 whether or not it has adopted an ordinance governing automobile
line 9 parking requirements in multifamily developments, shall not
line 10 impose automobile parking standards for a streamlined
line 11 development that was approved pursuant to this section in any of
line 12 the following instances:
line 13 (A) The development is located within one-half mile of public
line 14 transit.
line 15 (B) The development is located within an architecturally and
line 16 historically significant historic district.
line 17 (C) When on-street parking permits are required but not offered
line 18 to the occupants of the development.
line 19 (D) When there is a car share vehicle located within one block
line 20 of the development.
line 21 (2) If the development does not fall within any of the categories
line 22 described in paragraph (1), the local government shall not impose
line 23 automobile parking requirements for streamlined developments
line 24 approved pursuant to this section that exceed one parking space
line 25 per unit.
line 26 (e) (1) If a local government approves a development pursuant
line 27 to this section, then, notwithstanding any other law, that approval
line 28 shall not expire if the project includes public investment in housing
line 29 affordability, beyond tax credits, where 50 percent of the units are
line 30 affordable to households making below 80 percent of the area
line 31 median income.
line 32 (2) If a local government approves a development pursuant to
line 33 this section and the project does not include 50 percent of the units
line 34 affordable to households making below 80 percent of the area
line 35 median income, that approval shall automatically expire after three
line 36 years except that a project may receive a one-time, one-year
line 37 extension if the project proponent can provide documentation that
line 38 there has been significant progress toward getting the development
line 39 construction ready, such as filing a building permit application.
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line 1 (3) If a local government approves a development pursuant to
line 2 this section, that approval shall remain valid for three years from
line 3 the date of the final action establishing that approval and shall
line 4 remain valid thereafter for a project so long as vertical construction
line 5 of the development has begun and is in progress. Additionally, the
line 6 development proponent may request, and the local government
line 7 shall have discretion to grant, an additional one-year extension to
line 8 the original three-year period. The local government’s action and
line 9 discretion in determining whether to grant the foregoing extension
line 10 shall be limited to considerations and process set forth in this
line 11 section.
line 12 (f) A local government shall not adopt any requirement,
line 13 including, but not limited to, increased fees or inclusionary housing
line 14 requirements, that applies to a project solely or partially on the
line 15 basis that the project is eligible to receive ministerial or streamlined
line 16 approval pursuant to this section.
line 17 (g) This section shall not affect a development proponent’s
line 18 ability to use any alternative streamlined by right permit processing
line 19 adopted by a local government, including the provisions of
line 20 subdivision (i) of Section 65583.2.
line 21 (h) The California Environmental Quality Act (Division 13
line 22 (commencing with Section 21000) of the Public Resources Code)
line 23 does not apply to actions taken by a state agency or local
line 24 government to lease, convey, or encumber land owned by the local
line 25 government or to facilitate the lease, conveyance, or encumbrance
line 26 of land owned by the local government, or to provide financial
line 27 assistance to a development that receives streamlined approval
line 28 pursuant to this section that is to be used for housing for persons
line 29 and families of very low, low, or moderate income, as defined in
line 30 Section 50093 of the Health and Safety Code.
line 31 (h)
line 32 (i) For purposes of this section:
line 33 (1) “Department” means the Department of Housing and
line 34 Community Development.
line 35 (2) “Development” means a residential or mixed-use project
line 36 as described in the application submitted by the development
line 37 proponent, including any additional density or concessions,
line 38 incentives, or waivers of development standards granted pursuant
line 39 to the Density Bonus Law in Section 65915.
line 40 (2)
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line 1 (3) “Development proponent” means the developer who submits
line 2 an application for streamlined approval pursuant to this section.
line 3 (3)
line 4 (4) “Completed entitlements” means a housing development
line 5 which has received all the required land use approvals or
line 6 entitlements necessary for the issuance of a building permit.
line 7 (4)
line 8 (5) “Locality” or “local government” means a city, including a
line 9 charter city, a county, including a charter county, or a city and
line 10 county, including a charter city and county.
line 11 (5)
line 12 (6) “Production report” means the information reported pursuant
line 13 to subparagraph (D) of paragraph (2) of subdivision (a) of Section
line 14 65400.
line 15 (7) “State agency” includes every state office, officer,
line 16 department, division, bureau, board, and commission, but does
line 17 not include the California State University or the University of
line 18 California.
line 19 (6)
line 20 (8) “Subsidized” means units that are price or rent restricted
line 21 such that the units are permanently affordable to households
line 22 meeting the definitions of very low and lower income, as defined
line 23 in Sections 50079.5 and 50105 of the Health and Safety Code.
line 24 (7)
line 25 (9) “Reporting period” means either of the following:
line 26 (A) The first half of the regional housing needs assessment
line 27 cycle.
line 28 (B) The last half of the regional housing needs assessment cycle.
line 29 (8)
line 30 (10) “Urban uses” means any current or former residential,
line 31 commercial, public institutional, transit or transportation passenger
line 32 facility, or retail use, or any combination of those uses.
line 33 (i)
line 34 (j) The department may review, adopt, amend, and repeal
line 35 guidelines to implement uniform standards or criteria that
line 36 supplement or clarify the terms, references, or standards set forth
line 37 in this section. Any guidelines or terms adopted pursuant to this
line 38 subdivision shall not be subject to Chapter 3.5 (commencing with
line 39 Section 11340) of Part 1 of Division 3 of Title 2 of the Government
line 40 Code.
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line 1 (j)
line 2 (k) This section shall remain in effect only until January 1, 2026,
line 3 and as of that date is repealed.
O
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July 17, 2018
VIA FACSIMILE: (916) 651-4911
The Honorable Scott Wiener
California State Senate
State Capitol, Rm. 4066
Sacramento, CA 95814
SUBJECT: SB 828 (Wiener) Land Use: Housing Element.
Notice of Opposition (as amended 6/21/18)
Dear Senator Wiener:
The City of Rancho Palos Verdes opposes SB 828 (Wiener), which would make
numerous changes to the Regional Housing Needs Allocation (RHNA) process. While
the RHNA process is not perfect and may need to be changed in order to better identify
regional housing needs, SB 828 would alter the process in a manner that would make it
extremely difficult for jurisdictions to comply.
Government Code Section 65584(2) makes it very clear that cities “should undertake all
necessary actions to encourage, promote, and facilitate the development of housing to
accommodate the entire regional housing need.” However, in recognition that cities do
not generally build homes, this code section also appropriately acknowledges that future
housing production “may not equal” the housing need established for the planning
process. SB 828 strikes this language and replaces it with a requirement that cities take
“reasonable actions to ensure that future housing production meet, at a minimum, the
regional housing need established for planning purposes.” This change implies that
RHNA is a production mandate, when in fact RHNA is a planning and zoning requirement.
SB 828 would also require every city to identify enough sites to accommodate 125% of
their share of the regional housing need for all income levels. It is unclear why cities
should be required to identify 25% more sites when current law already requires each
jurisdiction to identify enough sites to accommodate, at all times throughout the planning
period, its remaining unmet share of the regional housing need. Additionally, many
jurisdictions will find it very difficult to find enough adequate sites to accommodate even
DR
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Senator Scott Wiener
July 17 , 2018
Page 2
100% of their housing need, given the new requirement under AB 1397 to demonstrate
that the site has a “realistic and demonstrated potential for redevelopment.”
Jurisdictions that fail to identify enough adequate sites to accommodate their housing
need will be unable to receive a certified housing element from the Department of Housing
and Community Development. Without a certified housing element, cities will not have
access to State funding that would help fund much needed affordable housing
construction. SB 828 should be amended to help cities meet existing requirements, not
make it more difficult for them to do so.
For these reasons, the City of Rancho Palos Verdes opposes SB 828.
Sincerely,
Susan Brooks
Mayor
cc: Senator Ben Allen, FAX (916) 651-4926
Assembly Member Al Muratsuchi, FAX (916) 319-2166
Senate Transportation & Housing Committee, FAX (916) 445-2209
Senate Governance and Finance Committee, FAX (916) 322-0298
Rancho Palos Verdes City Council
Doug Willmore, City Manager
Gabriela Yap, Deputy City Manager
Kit Fox, Senior Administrative Analyst
Jeff Kiernan, League of California Cities (jkiernan@cacities.org)
Meg Desmond, League of California Cities (cityletters@cacities.org) DR
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AMENDED IN ASSEMBLY JUNE 21, 2018
AMENDED IN SENATE MAY 25, 2018
AMENDED IN SENATE APRIL 26, 2018
AMENDED IN SENATE APRIL 16, 2018
AMENDED IN SENATE MARCH 14, 2018
SENATE BILL No. 828
Introduced by Senator Wiener
January 3, 2018
An act to amend Sections 65583, 65583.2, 65584, 65584.01, and
65584.04 of the Government Code, relating to land use.
legislative counsel’s digest
SB 828, as amended, Wiener. Land use: housing element.
(1) The Planning and Zoning Law requires a city or county to adopt
a general plan for its jurisdiction that contains certain mandatory
elements, including a housing element. Existing law requires a planning
agency to submit a draft of the housing element to the Department of
Housing and Community Development for review, as specified.
Existing law requires the housing element to contain an inventory of
land suitable and available for residential development, and to be used
to identify sites that can be developed for housing within the planning
period and that are sufficient to provide for the jurisdiction’s share of
the regional housing need for all income levels.
This bill would, instead, require the inventory of land suitable and
available for residential development to identify sites that can be
developed for housing within the planning period that are sufficient to
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provide for 125% of the jurisdiction’s share of the regional housing
need for all income levels.
(2) Existing law requires the housing element to contain a program
that sets forth a schedule of actions during the planning period that the
city or county will undertake to implement policies and to achieve the
goals and objectives of the housing element. Existing law requires the
program to identify actions that will be taken during the period in order
to accommodate that portion of the city’s or county’s share of the
regional housing need for each income level that could not be
accommodated on sites identified in the inventory of land, described
above, without rezoning on those sites.
This bill would require those actions identified in the program be
taken to make at least 100% of the city’s or county’s share, so identified,
be available for multifamily housing located within the jurisdiction’s
existing urban service boundary.
(3) Existing law requires the department, in consultation with each
council of governments, to determine the existing and projected need
for housing for each region in accordance with specified requirements.
Existing law requires the appropriate council of governments, or the
department for a city and county that does not have a council of
governments, to adopt a final regional housing need plan that allocates
a share of the regional housing need to each city, county, or city and
county in accordance with certain requirements and procedures,
including that a specified type of ordinance or policy that limits the
number of residential building permits issued by a city or county may
not be used as a justification for a determination or reduction in a
jurisdiction’s share of the regional housing need.
This bill would prohibit the prior underproduction of housing in a
city or county from the previous cycle and stable population numbers
in a city or county from the previous cycle from being used as a
justification for a determination or a reduction in the jurisdiction’s share
of the regional housing need. The bill would also require the final
regional housing need plan to demonstrate government efforts to reverse
racial and wealth disparities throughout a region by assigning additional
weight to local governments that meet specified criteria in the
distribution of the regional housing needs allocation for all income
categories.
(4) Existing law requires, at least 26 months prior to the scheduled
revision of the housing element and developing the existing and
projected housing need for a region, the department to meet and consult
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with the council of governments regarding the assumptions and
methodology to be used by the department to determine the region’s
housing needs. Existing law requires the council of governments to
provide data assumptions from the council’s projections, including, if
available, specified data factors for the region, including, data relating
to the percentage of renter’s households that are overcrowded and
vacancy rates for healthy housing market functioning and regional
mobility. Existing law requires the department, after consulting with
the council of governments, to determine, in writing, the data
assumptions for each of the data factors provided, as well as the
methodology the department will use.
This bill would additionally require the council of governments to
provide data on the overcrowding rate for a healthy comparable housing
market, and would define the vacancy rate for a healthy housing market
for those purposes to be considered between 5% and 8% of both rental
and ownership housing. The bill would also require the council of
governments to include data on the percentage of households that are
cost burdened, the rate of housing cost for a healthy housing market,
and data on the projected household income growth.
This bill would require the methodology approved by the department
to grant allowances to adjust for data factors relating to overcrowding,
vacancy rates, and households that are cost burdened, as described
above, based on the region’s total projected households, which includes
existing households as well as future projected households.
(5) By expanding the duties of local governments relating to the
housing element program and the final regional housing need plan, this
bill would impose a state-mandated local program.
(6) The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act
for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 65583 of the Government Code is
line 2 amended to read:
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line 1 65583. The housing element shall consist of an identification
line 2 and analysis of existing and projected housing needs and a
line 3 statement of goals, policies, quantified objectives, financial
line 4 resources, and scheduled programs for the preservation,
line 5 improvement, and development of housing. The housing element
line 6 shall identify adequate sites for housing, including rental housing,
line 7 factory-built housing, mobilehomes, and emergency shelters, and
line 8 shall make adequate provision for the existing and projected needs
line 9 of all economic segments of the community. The element shall
line 10 contain all of the following:
line 11 (a) An assessment of housing needs and an inventory of
line 12 resources and constraints relevant to the meeting of these needs.
line 13 The assessment and inventory shall include all of the following:
line 14 (1) An analysis of population and employment trends and
line 15 documentation of projections and a quantification of the locality’s
line 16 existing and projected housing needs for all income levels,
line 17 including extremely low income households, as defined in
line 18 subdivision (b) of Section 50105 and Section 50106 of the Health
line 19 and Safety Code. These existing and projected needs shall include
line 20 the locality’s share of the regional housing need in accordance
line 21 with Section 65584. Local agencies shall calculate the subset of
line 22 very low income households allotted under Section 65584 that
line 23 qualify as extremely low income households. The local agency
line 24 may either use available census data to calculate the percentage
line 25 of very low income households that qualify as extremely low
line 26 income households or presume that 50 percent of the very low
line 27 income households qualify as extremely low income households.
line 28 The number of extremely low income households and very low
line 29 income households shall equal the jurisdiction’s allocation of very
line 30 low income households pursuant to Section 65584.
line 31 (2) An analysis and documentation of household characteristics,
line 32 including level of payment compared to ability to pay, housing
line 33 characteristics, including overcrowding, and housing stock
line 34 condition.
line 35 (3) An inventory of land suitable and available for residential
line 36 development, including vacant sites and sites having realistic and
line 37 demonstrated potential for redevelopment during the planning
line 38 period to meet the locality’s housing need for a designated income
line 39 level, and an analysis of the relationship of zoning and public
line 40 facilities and services to these sites.
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line 1 (4) (A) The identification of a zone or zones where emergency
line 2 shelters are allowed as a permitted use without a conditional use
line 3 or other discretionary permit. The identified zone or zones shall
line 4 include sufficient capacity to accommodate the need for emergency
line 5 shelter identified in paragraph (7), except that each local
line 6 government shall identify a zone or zones that can accommodate
line 7 at least one year-round emergency shelter. If the local government
line 8 cannot identify a zone or zones with sufficient capacity, the local
line 9 government shall include a program to amend its zoning ordinance
line 10 to meet the requirements of this paragraph within one year of the
line 11 adoption of the housing element. The local government may
line 12 identify additional zones where emergency shelters are permitted
line 13 with a conditional use permit. The local government shall also
line 14 demonstrate that existing or proposed permit processing,
line 15 development, and management standards are objective and
line 16 encourage and facilitate the development of, or conversion to,
line 17 emergency shelters. Emergency shelters may only be subject to
line 18 those development and management standards that apply to
line 19 residential or commercial development within the same zone except
line 20 that a local government may apply written, objective standards
line 21 that include all of the following:
line 22 (i) The maximum number of beds or persons permitted to be
line 23 served nightly by the facility.
line 24 (ii) Off-street parking based upon demonstrated need, provided
line 25 that the standards do not require more parking for emergency
line 26 shelters than for other residential or commercial uses within the
line 27 same zone.
line 28 (iii) The size and location of exterior and interior onsite waiting
line 29 and client intake areas.
line 30 (iv) The provision of onsite management.
line 31 (v) The proximity to other emergency shelters, provided that
line 32 emergency shelters are not required to be more than 300 feet apart.
line 33 (vi) The length of stay.
line 34 (vii) Lighting.
line 35 (viii) Security during hours that the emergency shelter is in
line 36 operation.
line 37 (B) The permit processing, development, and management
line 38 standards applied under this paragraph shall not be deemed to be
line 39 discretionary acts within the meaning of the California
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line 1 Environmental Quality Act (Division 13 (commencing with Section
line 2 21000) of the Public Resources Code).
line 3 (C) A local government that can demonstrate to the satisfaction
line 4 of the department the existence of one or more emergency shelters
line 5 either within its jurisdiction or pursuant to a multijurisdictional
line 6 agreement that can accommodate that jurisdiction’s need for
line 7 emergency shelter identified in paragraph (7) may comply with
line 8 the zoning requirements of subparagraph (A) by identifying a zone
line 9 or zones where new emergency shelters are allowed with a
line 10 conditional use permit.
line 11 (D) A local government with an existing ordinance or ordinances
line 12 that comply with this paragraph shall not be required to take
line 13 additional action to identify zones for emergency shelters. The
line 14 housing element must only describe how existing ordinances,
line 15 policies, and standards are consistent with the requirements of this
line 16 paragraph.
line 17 (5) An analysis of potential and actual governmental constraints
line 18 upon the maintenance, improvement, or development of housing
line 19 for all income levels, including the types of housing identified in
line 20 paragraph (1) of subdivision (c), and for persons with disabilities
line 21 as identified in the analysis pursuant to paragraph (7), including
line 22 land use controls, building codes and their enforcement, site
line 23 improvements, fees and other exactions required of developers,
line 24 local processing and permit procedures, and any locally adopted
line 25 ordinances that directly impact the cost and supply of residential
line 26 development. The analysis shall also demonstrate local efforts to
line 27 remove governmental constraints that hinder the locality from
line 28 meeting its share of the regional housing need in accordance with
line 29 Section 65584 and from meeting the need for housing for persons
line 30 with disabilities, supportive housing, transitional housing, and
line 31 emergency shelters identified pursuant to paragraph (7).
line 32 Transitional housing and supportive housing shall be considered
line 33 a residential use of property, and shall be subject only to those
line 34 restrictions that apply to other residential dwellings of the same
line 35 type in the same zone.
line 36 (6) An analysis of potential and actual nongovernmental
line 37 constraints upon the maintenance, improvement, or development
line 38 of housing for all income levels, including the availability of
line 39 financing, the price of land, the cost of construction, the requests
line 40 to develop housing at densities below those anticipated in the
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line 1 analysis required by subdivision (c) of Section 65583.2, and the
line 2 length of time between receiving approval for a housing
line 3 development and submittal of an application for building permits
line 4 for that housing development that hinder the construction of a
line 5 locality’s share of the regional housing need in accordance with
line 6 Section 65584. The analysis shall also demonstrate local efforts
line 7 to remove nongovernmental constraints that create a gap between
line 8 the locality’s planning for the development of housing for all
line 9 income levels and the construction of that housing.
line 10 (7) An analysis of any special housing needs, such as those of
line 11 the elderly; persons with disabilities, including a developmental
line 12 disability, as defined in Section 4512 of the Welfare and
line 13 Institutions Code; large families; farmworkers; families with female
line 14 heads of households; and families and persons in need of
line 15 emergency shelter. The need for emergency shelter shall be
line 16 assessed based on annual and seasonal need. The need for
line 17 emergency shelter may be reduced by the number of supportive
line 18 housing units that are identified in an adopted 10-year plan to end
line 19 chronic homelessness and that are either vacant or for which
line 20 funding has been identified to allow construction during the
line 21 planning period. An analysis of special housing needs by a city or
line 22 county may include an analysis of the need for frequent user
line 23 coordinated care housing services.
line 24 (8) An analysis of opportunities for energy conservation with
line 25 respect to residential development. Cities and counties are
line 26 encouraged to include weatherization and energy efficiency
line 27 improvements as part of publicly subsidized housing rehabilitation
line 28 projects. This may include energy efficiency measures that
line 29 encompass the building envelope, its heating and cooling systems,
line 30 and its electrical system.
line 31 (9) An analysis of existing assisted housing developments that
line 32 are eligible to change from low-income housing uses during the
line 33 next 10 years due to termination of subsidy contracts, mortgage
line 34 prepayment, or expiration of restrictions on use. “Assisted housing
line 35 developments,” for the purpose of this section, shall mean
line 36 multifamily rental housing that receives governmental assistance
line 37 under federal programs listed in subdivision (a) of Section
line 38 65863.10, state and local multifamily revenue bond programs,
line 39 local redevelopment programs, the federal Community
line 40 Development Block Grant Program, or local in-lieu fees. “Assisted
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line 1 housing developments” shall also include multifamily rental units
line 2 that were developed pursuant to a local inclusionary housing
line 3 program or used to qualify for a density bonus pursuant to Section
line 4 65916.
line 5 (A) The analysis shall include a listing of each development by
line 6 project name and address, the type of governmental assistance
line 7 received, the earliest possible date of change from low-income
line 8 use, and the total number of elderly and nonelderly units that could
line 9 be lost from the locality’s low-income housing stock in each year
line 10 during the 10-year period. For purposes of state and federally
line 11 funded projects, the analysis required by this subparagraph need
line 12 only contain information available on a statewide basis.
line 13 (B) The analysis shall estimate the total cost of producing new
line 14 rental housing that is comparable in size and rent levels, to replace
line 15 the units that could change from low-income use, and an estimated
line 16 cost of preserving the assisted housing developments. This cost
line 17 analysis for replacement housing may be done aggregately for
line 18 each five-year period and does not have to contain a
line 19 project-by-project cost estimate.
line 20 (C) The analysis shall identify public and private nonprofit
line 21 corporations known to the local government which have legal and
line 22 managerial capacity to acquire and manage these housing
line 23 developments.
line 24 (D) The analysis shall identify and consider the use of all federal,
line 25 state, and local financing and subsidy programs which can be used
line 26 to preserve, for lower income households, the assisted housing
line 27 developments, identified in this paragraph, including, but not
line 28 limited to, federal Community Development Block Grant Program
line 29 funds, tax increment funds received by a redevelopment agency
line 30 of the community, and administrative fees received by a housing
line 31 authority operating within the community. In considering the use
line 32 of these financing and subsidy programs, the analysis shall identify
line 33 the amounts of funds under each available program which have
line 34 not been legally obligated for other purposes and which could be
line 35 available for use in preserving assisted housing developments.
line 36 (b) (1) A statement of the community’s goals, quantified
line 37 objectives, and policies relative to the maintenance, preservation,
line 38 improvement, and development of housing.
line 39 (2) It is recognized that the total housing needs identified
line 40 pursuant to subdivision (a) may exceed available resources and
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line 1 the community’s ability to satisfy this need within the content of
line 2 the general plan requirements outlined in Article 5 (commencing
line 3 with Section 65300). Under these circumstances, the quantified
line 4 objectives need not be identical to the total housing needs. The
line 5 quantified objectives shall establish the maximum number of
line 6 housing units by income category, including extremely low income,
line 7 that can be constructed, rehabilitated, and conserved over a
line 8 five-year time period.
line 9 (c) A program which sets forth a schedule of actions during the
line 10 planning period, each with a timeline for implementation, which
line 11 may recognize that certain programs are ongoing, such that there
line 12 will be beneficial impacts of the programs within the planning
line 13 period, that the local government is undertaking or intends to
line 14 undertake to implement the policies and achieve the goals and
line 15 objectives of the housing element through the administration of
line 16 land use and development controls, the provision of regulatory
line 17 concessions and incentives, the utilization of appropriate federal
line 18 and state financing and subsidy programs when available, and the
line 19 utilization of moneys in a low- and moderate-income housing fund
line 20 of an agency if the locality has established a redevelopment project
line 21 area pursuant to the Community Redevelopment Law (Division
line 22 24 (commencing with Section 33000) of the Health and Safety
line 23 Code). In order to make adequate provision for the housing needs
line 24 of all economic segments of the community, the program shall do
line 25 all of the following:
line 26 (1) Identify actions that will be taken to make sites available
line 27 during the planning period with appropriate zoning and
line 28 development standards and with services and facilities to
line 29 accommodate that portion of the city’s or county’s share of the
line 30 regional housing need for each income level that could not be
line 31 accommodated on sites identified in the inventory completed
line 32 pursuant to paragraph (3) of subdivision (a) without rezoning, to
line 33 comply with the requirements of Section 65584.09, and to make
line 34 at least 100 percent of the city’s or county’s share identified above
line 35 available for multifamily housing located within the jurisdiction’s
line 36 existing urban service boundary, as defined in Section 56080. Sites
line 37 shall be identified as needed to facilitate and encourage the
line 38 development of a variety of types of housing for all income levels,
line 39 including multifamily rental housing, factory-built housing,
line 40 mobilehomes, housing for agricultural employees, supportive
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line 1 housing, single-room occupancy units, emergency shelters, and
line 2 transitional housing.
line 3 (A) Where the inventory of sites, pursuant to paragraph (3) of
line 4 subdivision (a), does not identify adequate sites to accommodate
line 5 the need for groups of all household income levels pursuant to
line 6 Section 65584, rezoning of those sites, including adoption of
line 7 minimum density and development standards, for jurisdictions
line 8 with an eight-year housing element planning period pursuant to
line 9 Section 65588, shall be completed no later than three years after
line 10 either the date the housing element is adopted pursuant to
line 11 subdivision (f) of Section 65585 or the date that is 90 days after
line 12 receipt of comments from the department pursuant to subdivision
line 13 (b) of Section 65585, whichever is earlier, unless the deadline is
line 14 extended pursuant to subdivision (f). Notwithstanding the
line 15 foregoing, for a local government that fails to adopt a housing
line 16 element within 120 days of the statutory deadline in Section 65588
line 17 for adoption of the housing element, rezoning of those sites,
line 18 including adoption of minimum density and development standards,
line 19 shall be completed no later than three years and 120 days from the
line 20 statutory deadline in Section 65588 for adoption of the housing
line 21 element.
line 22 (B) Where the inventory of sites, pursuant to paragraph (3) of
line 23 subdivision (a), does not identify adequate sites to accommodate
line 24 the need for groups of all household income levels pursuant to
line 25 Section 65584, the program shall identify sites that can be
line 26 developed for housing within the planning period pursuant to
line 27 subdivision (h) of Section 65583.2. The identification of sites shall
line 28 include all components specified in Section 65583.2.
line 29 (C) Where the inventory of sites pursuant to paragraph (3) of
line 30 subdivision (a) does not identify adequate sites to accommodate
line 31 the need for farmworker housing, the program shall provide for
line 32 sufficient sites to meet the need with zoning that permits
line 33 farmworker housing use by right, including density and
line 34 development standards that could accommodate and facilitate the
line 35 feasibility of the development of farmworker housing for low- and
line 36 very low income households.
line 37 (2) Assist in the development of adequate housing to meet the
line 38 needs of extremely low, very low, low-, and moderate-income
line 39 households.
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line 1 (3) Address and, where appropriate and legally possible, remove
line 2 governmental and nongovernmental constraints to the maintenance,
line 3 improvement, and development of housing, including housing for
line 4 all income levels and housing for persons with disabilities. The
line 5 program shall remove constraints to, and provide reasonable
line 6 accommodations for housing designed for, intended for occupancy
line 7 by, or with supportive services for, persons with disabilities.
line 8 (4) Conserve and improve the condition of the existing
line 9 affordable housing stock, which may include addressing ways to
line 10 mitigate the loss of dwelling units demolished by public or private
line 11 action.
line 12 (5) Promote housing opportunities for all persons regardless of
line 13 race, religion, sex, marital status, ancestry, national origin, color,
line 14 familial status, or disability.
line 15 (6) Preserve for lower income households the assisted housing
line 16 developments identified pursuant to paragraph (9) of subdivision
line 17 (a). The program for preservation of the assisted housing
line 18 developments shall utilize, to the extent necessary, all available
line 19 federal, state, and local financing and subsidy programs identified
line 20 in paragraph (9) of subdivision (a), except where a community has
line 21 other urgent needs for which alternative funding sources are not
line 22 available. The program may include strategies that involve local
line 23 regulation and technical assistance.
line 24 (7) Include an identification of the agencies and officials
line 25 responsible for the implementation of the various actions and the
line 26 means by which consistency will be achieved with other general
line 27 plan elements and community goals.
line 28 (8) Include a diligent effort by the local government to achieve
line 29 public participation of all economic segments of the community
line 30 in the development of the housing element, and the program shall
line 31 describe this effort.
line 32 (d) (1) A local government may satisfy all or part of its
line 33 requirement to identify a zone or zones suitable for the
line 34 development of emergency shelters pursuant to paragraph (4) of
line 35 subdivision (a) by adopting and implementing a multijurisdictional
line 36 agreement, with a maximum of two other adjacent communities,
line 37 that requires the participating jurisdictions to develop at least one
line 38 year-round emergency shelter within two years of the beginning
line 39 of the planning period.
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line 1 (2) The agreement shall allocate a portion of the new shelter
line 2 capacity to each jurisdiction as credit toward its emergency shelter
line 3 need, and each jurisdiction shall describe how the capacity was
line 4 allocated as part of its housing element.
line 5 (3) Each member jurisdiction of a multijurisdictional agreement
line 6 shall describe in its housing element all of the following:
line 7 (A) How the joint facility will meet the jurisdiction’s emergency
line 8 shelter need.
line 9 (B) The jurisdiction’s contribution to the facility for both the
line 10 development and ongoing operation and management of the
line 11 facility.
line 12 (C) The amount and source of the funding that the jurisdiction
line 13 contributes to the facility.
line 14 (4) The aggregate capacity claimed by the participating
line 15 jurisdictions in their housing elements shall not exceed the actual
line 16 capacity of the shelter.
line 17 (e) Except as otherwise provided in this article, amendments to
line 18 this article that alter the required content of a housing element
line 19 shall apply to both of the following:
line 20 (1) A housing element or housing element amendment prepared
line 21 pursuant to subdivision (e) of Section 65588 or Section 65584.02,
line 22 when a city, county, or city and county submits a draft to the
line 23 department for review pursuant to Section 65585 more than 90
line 24 days after the effective date of the amendment to this section.
line 25 (2) Any housing element or housing element amendment
line 26 prepared pursuant to subdivision (e) of Section 65588 or Section
line 27 65584.02, when the city, county, or city and county fails to submit
line 28 the first draft to the department before the due date specified in
line 29 Section 65588 or 65584.02.
line 30 (f) The deadline for completing required rezoning pursuant to
line 31 subparagraph (A) of paragraph (1) of subdivision (c) shall be
line 32 extended by one year if the local government has completed the
line 33 rezoning at densities sufficient to accommodate at least 75 percent
line 34 of the units for low- and very low income households and if the
line 35 legislative body at the conclusion of a public hearing determines,
line 36 based upon substantial evidence, that any of the following
line 37 circumstances exist:
line 38 (1) The local government has been unable to complete the
line 39 rezoning because of the action or inaction beyond the control of
line 40 the local government of any other state, federal, or local agency.
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line 1 (2) The local government is unable to complete the rezoning
line 2 because of infrastructure deficiencies due to fiscal or regulatory
line 3 constraints.
line 4 (3) The local government must undertake a major revision to
line 5 its general plan in order to accommodate the housing-related
line 6 policies of a sustainable communities strategy or an alternative
line 7 planning strategy adopted pursuant to Section 65080.
line 8 The resolution and the findings shall be transmitted to the
line 9 department together with a detailed budget and schedule for
line 10 preparation and adoption of the required rezonings, including plans
line 11 for citizen participation and expected interim action. The schedule
line 12 shall provide for adoption of the required rezoning within one year
line 13 of the adoption of the resolution.
line 14 (g) (1) If a local government fails to complete the rezoning by
line 15 the deadline provided in subparagraph (A) of paragraph (1) of
line 16 subdivision (c), as it may be extended pursuant to subdivision (f),
line 17 except as provided in paragraph (2), a local government may not
line 18 disapprove a housing development project, nor require a
line 19 conditional use permit, planned unit development permit, or other
line 20 locally imposed discretionary permit, or impose a condition that
line 21 would render the project infeasible, if the housing development
line 22 project (A) is proposed to be located on a site required to be
line 23 rezoned pursuant to the program action required by that
line 24 subparagraph and (B) complies with applicable, objective general
line 25 plan and zoning standards and criteria, including design review
line 26 standards, described in the program action required by that
line 27 subparagraph. Any subdivision of sites shall be subject to the
line 28 Subdivision Map Act (Division 2 (commencing with Section
line 29 66410)). Design review shall not constitute a “project” for purposes
line 30 of Division 13 (commencing with Section 21000) of the Public
line 31 Resources Code.
line 32 (2) A local government may disapprove a housing development
line 33 described in paragraph (1) if it makes written findings supported
line 34 by substantial evidence on the record that both of the following
line 35 conditions exist:
line 36 (A) The housing development project would have a specific,
line 37 adverse impact upon the public health or safety unless the project
line 38 is disapproved or approved upon the condition that the project be
line 39 developed at a lower density. As used in this paragraph, a “specific,
line 40 adverse impact” means a significant, quantifiable, direct, and
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line 1 unavoidable impact, based on objective, identified written public
line 2 health or safety standards, policies, or conditions as they existed
line 3 on the date the application was deemed complete.
line 4 (B) There is no feasible method to satisfactorily mitigate or
line 5 avoid the adverse impact identified pursuant to paragraph (1), other
line 6 than the disapproval of the housing development project or the
line 7 approval of the project upon the condition that it be developed at
line 8 a lower density.
line 9 (3) The applicant or any interested person may bring an action
line 10 to enforce this subdivision. If a court finds that the local agency
line 11 disapproved a project or conditioned its approval in violation of
line 12 this subdivision, the court shall issue an order or judgment
line 13 compelling compliance within 60 days. The court shall retain
line 14 jurisdiction to ensure that its order or judgment is carried out. If
line 15 the court determines that its order or judgment has not been carried
line 16 out within 60 days, the court may issue further orders to ensure
line 17 that the purposes and policies of this subdivision are fulfilled. In
line 18 any such action, the city, county, or city and county shall bear the
line 19 burden of proof.
line 20 (4) For purposes of this subdivision, “housing development
line 21 project” means a project to construct residential units for which
line 22 the project developer provides sufficient legal commitments to the
line 23 appropriate local agency to ensure the continued availability and
line 24 use of at least 49 percent of the housing units for very low, low-,
line 25 and moderate-income households with an affordable housing cost
line 26 or affordable rent, as defined in Section 50052.5 or 50053 of the
line 27 Health and Safety Code, respectively, for the period required by
line 28 the applicable financing.
line 29 (h) An action to enforce the program actions of the housing
line 30 element shall be brought pursuant to Section 1085 of the Code of
line 31 Civil Procedure.
line 32 SEC. 2. Section 65583.2 of the Government Code, as amended
line 33 by Section 3 of Chapter 375 of the Statutes of 2017, is amended
line 34 to read:
line 35 65583.2. (a) A city’s or county’s inventory of land suitable
line 36 for residential development pursuant to paragraph (3) of
line 37 subdivision (a) of Section 65583 shall be used to identify sites that
line 38 can be developed for housing within the planning period and that
line 39 are sufficient to provide for 125 percent of the jurisdiction’s share
line 40 of the regional housing need for all income levels pursuant to
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line 1 Section 65584. As used in this section, “land suitable for residential
line 2 development” includes all of the sites that meet the standards set
line 3 forth in subdivisions (c) and (g):
line 4 (1) Vacant sites zoned for residential use.
line 5 (2) Vacant sites zoned for nonresidential use that allows
line 6 residential development.
line 7 (3) Residentially zoned sites that are capable of being developed
line 8 at a higher density, including the airspace above sites owned or
line 9 leased by a city, county, or city and county.
line 10 (4) Sites zoned for nonresidential use that can be redeveloped
line 11 for residential use, and for which the housing element includes a
line 12 program to rezone the site, as necessary, rezoned for, to permit
line 13 residential use, including sites owned or leased by a city, county,
line 14 or city and county.
line 15 (b) The inventory of land shall include all of the following:
line 16 (1) A listing of properties by assessor parcel number.
line 17 (2) The size of each property listed pursuant to paragraph (1),
line 18 and the general plan designation and zoning of each property.
line 19 (3) For nonvacant sites, a description of the existing use of each
line 20 property.
line 21 (4) A general description of any environmental constraints to
line 22 the development of housing within the jurisdiction, the
line 23 documentation for which has been made available to the
line 24 jurisdiction. This information need not be identified on a
line 25 site-specific basis.
line 26 (5) (A) A description of existing or planned water, sewer, and
line 27 other dry utilities supply, including the availability and access to
line 28 distribution facilities.
line 29 (B) Parcels included in the inventory must have sufficient water,
line 30 sewer, and dry utilities supply available and accessible to support
line 31 housing development or be included in an existing general plan
line 32 program or other mandatory program or plan, including a program
line 33 or plan of a public or private entity providing water or sewer
line 34 service, to secure sufficient water, sewer, and dry utilities supply
line 35 to support housing development. This paragraph does not impose
line 36 any additional duty on the city or county to construct, finance, or
line 37 otherwise provide water, sewer, or dry utilities to parcels included
line 38 in the inventory.
line 39 (6) Sites identified as available for housing for above
line 40 moderate-income households in areas not served by public sewer
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line 1 systems. This information need not be identified on a site-specific
line 2 basis.
line 3 (7) A map that shows the location of the sites included in the
line 4 inventory, such as the land use map from the jurisdiction’s general
line 5 plan, for reference purposes only.
line 6 (c) Based on the information provided in subdivision (b), a city
line 7 or county shall determine whether each site in the inventory can
line 8 accommodate the development of some portion of its share of the
line 9 regional housing need by income level during the planning period,
line 10 as determined pursuant to Section 65584. The inventory shall
line 11 specify for each site the number of units that can realistically be
line 12 accommodated on that site and whether the site is adequate to
line 13 accommodate lower-income housing, moderate-income housing,
line 14 or above moderate-income housing. A nonvacant site identified
line 15 pursuant to paragraph (3) or (4) of subdivision (a) in a prior housing
line 16 element and a vacant site that has been included in two or more
line 17 consecutive planning periods that was not approved to develop a
line 18 portion of the locality’s housing need shall not be deemed adequate
line 19 to accommodate a portion of the housing need for lower income
line 20 households that must be accommodated in the current housing
line 21 element planning period unless the site is zoned at residential
line 22 densities consistent with paragraph (3) of this subdivision and the
line 23 site is subject to a program in the housing element requiring
line 24 rezoning within three years of the beginning of the planning period
line 25 to allow residential use by right for housing developments in which
line 26 at least 20 percent of the units are affordable to lower income
line 27 households. A city that is an unincorporated area in a
line 28 nonmetropolitan county pursuant to clause (ii) of subparagraph
line 29 (B) of paragraph (3) shall not be subject to the requirements of
line 30 this subdivision to allow residential use by right. The analysis shall
line 31 determine whether the inventory can provide for a variety of types
line 32 of housing, including multifamily rental housing, factory-built
line 33 housing, mobilehomes, housing for agricultural employees,
line 34 supportive housing, single room occupancy units, emergency
line 35 shelters, and transitional housing. The city or county shall
line 36 determine the number of housing units that can be accommodated
line 37 on each site as follows:
line 38 (1) If local law or regulations require the development of a site
line 39 at a minimum density, the department shall accept the planning
line 40 agency’s calculation of the total housing unit capacity on that site
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line 1 based on the established minimum density. If the city or county
line 2 does not adopt a law or regulation requiring the development of a
line 3 site at a minimum density, then it shall demonstrate how the
line 4 number of units determined for that site pursuant to this subdivision
line 5 will be accommodated.
line 6 (2) The number of units calculated pursuant to paragraph (1)
line 7 shall be adjusted as necessary, based on the land use controls and
line 8 site improvements requirement identified in paragraph (5) of
line 9 subdivision (a) of Section 65583, the realistic development capacity
line 10 for the site, typical densities of existing or approved residential
line 11 developments at a similar affordability level in that jurisdiction,
line 12 and on the current or planned availability and accessibility of
line 13 sufficient water, sewer, and dry utilities.
line 14 (A) A site smaller than half an acre shall not be deemed adequate
line 15 to accommodate lower income housing need unless the locality
line 16 can demonstrate that sites of equivalent size were successfully
line 17 developed during the prior planning period for an equivalent
line 18 number of lower income housing units as projected for the site or
line 19 unless the locality provides other evidence to the department that
line 20 the site is adequate to accommodate lower income housing.
line 21 (B) A site larger than 10 acres shall not be deemed adequate to
line 22 accommodate lower income housing need unless the locality can
line 23 demonstrate that sites of equivalent size were successfully
line 24 developed during the prior planning period for an equivalent
line 25 number of lower income housing units as projected for the site or
line 26 unless the locality provides other evidence to the department that
line 27 the site can be developed as lower income housing. For purposes
line 28 of this subparagraph, “site” means that portion of a parcel or parcels
line 29 designated to accommodate lower income housing needs pursuant
line 30 to this subdivision.
line 31 (C) A site may be presumed to be realistic for development to
line 32 accommodate lower income housing need if, at the time of the
line 33 adoption of the housing element, a development affordable to
line 34 lower income households has been proposed and approved for
line 35 development on the site.
line 36 (3) For the number of units calculated to accommodate its share
line 37 of the regional housing need for lower income households pursuant
line 38 to paragraph (2), a city or county shall do either of the following:
line 39 (A) Provide an analysis demonstrating how the adopted densities
line 40 accommodate this need. The analysis shall include, but is not
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line 1 limited to, factors such as market demand, financial feasibility, or
line 2 information based on development project experience within a
line 3 zone or zones that provide housing for lower income households.
line 4 (B) The following densities shall be deemed appropriate to
line 5 accommodate housing for lower income households:
line 6 (i) For an incorporated city within a nonmetropolitan county
line 7 and for a nonmetropolitan county that has a micropolitan area:
line 8 sites allowing at least 15 units per acre.
line 9 (ii) For an unincorporated area in a nonmetropolitan county not
line 10 included in clause (i): sites allowing at least 10 units per acre.
line 11 (iii) For a suburban jurisdiction: sites allowing at least 20 units
line 12 per acre.
line 13 (iv) For a jurisdiction in a metropolitan county: sites allowing
line 14 at least 30 units per acre.
line 15 (d) For purposes of this section, a metropolitan county,
line 16 nonmetropolitan county, and nonmetropolitan county with a
line 17 micropolitan area shall be as determined by the United States
line 18 Census Bureau. A nonmetropolitan county with a micropolitan
line 19 area includes the following counties: Del Norte, Humboldt, Lake,
line 20 Mendocino, Nevada, Tehama, and Tuolumne and other counties
line 21 as may be determined by the United States Census Bureau to be
line 22 nonmetropolitan counties with micropolitan areas in the future.
line 23 (e) (1) Except as provided in paragraph (2), a jurisdiction shall
line 24 be considered suburban if the jurisdiction does not meet the
line 25 requirements of clauses (i) and (ii) of subparagraph (B) of
line 26 paragraph (3) of subdivision (c) and is located in a Metropolitan
line 27 Statistical Area (MSA) of less than 2,000,000 in population, unless
line 28 that jurisdiction’s population is greater than 100,000, in which
line 29 case it shall be considered metropolitan. A county, not including
line 30 the City and County of San Francisco, shall be considered suburban
line 31 unless the county is in an MSA of 2,000,000 or greater in
line 32 population in which case the county shall be considered
line 33 metropolitan.
line 34 (2) (A) (i) Notwithstanding paragraph (1), if a county that is
line 35 in the San Francisco-Oakland-Fremont California MSA has a
line 36 population of less than 400,000, that county shall be considered
line 37 suburban. If this county includes an incorporated city that has a
line 38 population of less than 100,000, this city shall also be considered
line 39 suburban. This paragraph shall apply to a housing element revision
line 40 cycle, as described in subparagraph (A) of paragraph (3) of
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line 1 subdivision (e) of Section 65588, that is in effect from July 1,
line 2 2014, to December 31, 2028, inclusive.
line 3 (ii) A county subject to this subparagraph shall utilize the sum
line 4 existing in the county’s housing trust fund as of June 30, 2013, for
line 5 the development and preservation of housing affordable to low- and
line 6 very low income households.
line 7 (B) A jurisdiction that is classified as suburban pursuant to this
line 8 paragraph shall report to the Assembly Committee on Housing
line 9 and Community Development, the Senate Committee on
line 10 Transportation and Housing, and the Department of Housing and
line 11 Community Development regarding its progress in developing
line 12 low- and very low income housing consistent with the requirements
line 13 of Section 65400. The report shall be provided three times: once,
line 14 on or before December 31, 2019, which report shall address the
line 15 initial four years of the housing element cycle, a second time, on
line 16 or before December 31, 2023, which report shall address the
line 17 subsequent four years of the housing element cycle, and a third
line 18 time, on or before December 31, 2027, which report shall address
line 19 the subsequent four years of the housing element cycle and the
line 20 cycle as a whole. The reports shall be provided consistent with the
line 21 requirements of Section 9795.
line 22 (f) A jurisdiction shall be considered metropolitan if the
line 23 jurisdiction does not meet the requirements for “suburban area”
line 24 above and is located in an MSA of 2,000,000 or greater in
line 25 population, unless that jurisdiction’s population is less than 25,000
line 26 in which case it shall be considered suburban.
line 27 (g) (1) For sites described in paragraph (3) of subdivision (b),
line 28 the city or county shall specify the additional development potential
line 29 for each site within the planning period and shall provide an
line 30 explanation of the methodology used to determine the development
line 31 potential. The methodology shall consider factors including the
line 32 extent to which existing uses may constitute an impediment to
line 33 additional residential development, the city’s or county’s past
line 34 experience with converting existing uses to higher density
line 35 residential development, the current market demand for the existing
line 36 use, an analysis of any existing leases or other contracts that would
line 37 perpetuate the existing use or prevent redevelopment of the site
line 38 for additional residential development, development trends, market
line 39 conditions, and regulatory or other incentives or standards to
line 40 encourage additional residential development on these sites.
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line 1 (2) In addition to the analysis required in paragraph (1), when
line 2 a city or county is relying on nonvacant sites described in paragraph
line 3 (3) of subdivision (b) to accommodate 50 percent or more of its
line 4 housing need for lower income households, the methodology used
line 5 to determine additional development potential shall demonstrate
line 6 that the existing use identified pursuant to paragraph (3) of
line 7 subdivision (b) does not constitute an impediment to additional
line 8 residential development during the period covered by the housing
line 9 element. An existing use shall be presumed to impede additional
line 10 residential development, absent findings based on substantial
line 11 evidence that the use is likely to be discontinued during the
line 12 planning period.
line 13 (3) Notwithstanding any other law, and in addition to the
line 14 requirements in paragraphs (1) and (2), sites that currently have
line 15 residential uses, or within the past five years have had residential
line 16 uses that have been vacated or demolished, that are or were subject
line 17 to a recorded covenant, ordinance, or law that restricts rents to
line 18 levels affordable to persons and families of low or very low
line 19 income, subject to any other form of rent or price control through
line 20 a public entity’s valid exercise of its police power, or occupied by
line 21 low or very low income households, shall be subject to a policy
line 22 requiring the replacement of all those units affordable to the same
line 23 or lower income level as a condition of any development on the
line 24 site. Replacement requirements shall be consistent with those set
line 25 forth in paragraph (3) of subdivision (c) of Section 65915.
line 26 (h) The program required by subparagraph (A) of paragraph (1)
line 27 of subdivision (c) of Section 65583 shall accommodate 100 percent
line 28 of the need for housing for very low and low-income households
line 29 allocated pursuant to Section 65584 for which site capacity has
line 30 not been identified in the inventory of sites pursuant to paragraph
line 31 (3) of subdivision (a) on sites that shall be zoned to permit
line 32 owner-occupied and rental multifamily residential use by right for
line 33 developments in which at least 20 percent of the units are
line 34 affordable to lower income households during the planning period.
line 35 These sites shall be zoned with minimum density and development
line 36 standards that permit at least 16 units per site at a density of at
line 37 least 16 units per acre in jurisdictions described in clause (i) of
line 38 subparagraph (B) of paragraph (3) of subdivision (c), shall be at
line 39 least 20 units per acre in jurisdictions described in clauses (iii) and
line 40 (iv) of subparagraph (B) of paragraph (3) of subdivision (c) and
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line 1 shall meet the standards set forth in subparagraph (B) of paragraph
line 2 (5) of subdivision (b). At least 50 percent of the very low and
line 3 low-income housing need shall be accommodated on sites
line 4 designated for residential use and for which nonresidential uses
line 5 or mixed uses are not permitted, except that a city or county may
line 6 accommodate all of the very low and low-income housing need
line 7 on sites designated for mixed uses if those sites allow 100 percent
line 8 residential use and require that residential use occupy 50 percent
line 9 of the total floor area of a mixed-use project.
line 10 (i) For purposes of this section and Section 65583, the phrase
line 11 “use by right” shall mean that the local government’s review of
line 12 the owner-occupied or multifamily residential use may not require
line 13 a conditional use permit, planned unit development permit, or other
line 14 discretionary local government review or approval that would
line 15 constitute a “project” for purposes of Division 13 (commencing
line 16 with Section 21000) of the Public Resources Code. Any subdivision
line 17 of the sites shall be subject to all laws, including, but not limited
line 18 to, the local government ordinance implementing the Subdivision
line 19 Map Act. A local ordinance may provide that “use by right” does
line 20 not exempt the use from design review. However, that design
line 21 review shall not constitute a “project” for purposes of Division 13
line 22 (commencing with Section 21000) of the Public Resources Code.
line 23 Use by right for all rental multifamily residential housing shall be
line 24 provided in accordance with subdivision (f) of Section 65589.5.
line 25 (j) Notwithstanding any other provision of this section, within
line 26 one-half mile of a Sonoma-Marin Area Rail Transit station, housing
line 27 density requirements in place on June 30, 2014, shall apply.
line 28 (k) For purposes of subdivisions (a) and (b), the department
line 29 shall provide guidance to local governments to properly survey,
line 30 detail, and account for sites listed pursuant to Section 65585.
line 31 (l) This section shall remain in effect only until December 31,
line 32 2028, and as of that date is repealed.
line 33 SEC. 3. Section 65583.2 of the Government Code, as amended
line 34 by Section 4 of Chapter 375 of the Statutes of 2017, is amended
line 35 to read:
line 36 65583.2. (a) A city’s or county’s inventory of land suitable
line 37 for residential development pursuant to paragraph (3) of
line 38 subdivision (a) of Section 65583 shall be used to identify sites that
line 39 can be developed for housing within the planning period and that
line 40 are sufficient to provide for 125 percent of the jurisdiction’s share
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line 1 of the regional housing need for all income levels pursuant to
line 2 Section 65584. As used in this section, “land suitable for residential
line 3 development” includes all of the sites that meet the standards set
line 4 forth in subdivisions (c) and (g):
line 5 (1) Vacant sites zoned for residential use.
line 6 (2) Vacant sites zoned for nonresidential use that allows
line 7 residential development.
line 8 (3) Residentially zoned sites that are capable of being developed
line 9 at a higher density, sites owned or leased by a city, county, or city
line 10 and county.
line 11 (4) Sites zoned for nonresidential use that can be redeveloped
line 12 for residential use, and for which the housing element includes a
line 13 program to rezone the sites, as necessary, to permit residential use,
line 14 including sites owned or leased by a city, county, or city and
line 15 county.
line 16 (b) The inventory of land shall include all of the following:
line 17 (1) A listing of properties by assessor parcel number.
line 18 (2) The size of each property listed pursuant to paragraph (1),
line 19 and the general plan designation and zoning of each property.
line 20 (3) For nonvacant sites, a description of the existing use of each
line 21 property.
line 22 (4) A general description of any environmental constraints to
line 23 the development of housing within the jurisdiction, the
line 24 documentation for which has been made available to the
line 25 jurisdiction. This information need not be identified on a
line 26 site-specific basis.
line 27 (5) (A) A description of existing or planned water, sewer, and
line 28 other dry utilities supply, including the availability and access to
line 29 distribution facilities.
line 30 (B) Parcels included in the inventory must have sufficient water,
line 31 sewer, and dry utilities supply available and accessible to support
line 32 housing development or be included in an existing general plan
line 33 program or other mandatory program or plan, including a program
line 34 or plan of a public or private entity providing water or sewer
line 35 service, to secure sufficient water, sewer, and dry utilities supply
line 36 to support housing development. This paragraph does not impose
line 37 any additional duty on the city or county to construct, finance, or
line 38 otherwise provide water, sewer, or dry utilities to parcels included
line 39 in the inventory.
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line 1 (6) Sites identified as available for housing for above
line 2 moderate-income households in areas not served by public sewer
line 3 systems. This information need not be identified on a site-specific
line 4 basis.
line 5 (7) A map that shows the location of the sites included in the
line 6 inventory, such as the land use map from the jurisdiction’s general
line 7 plan for reference purposes only.
line 8 (c) Based on the information provided in subdivision (b), a city
line 9 or county shall determine whether each site in the inventory can
line 10 accommodate the development of some portion of its share of the
line 11 regional housing need by income level during the planning period,
line 12 as determined pursuant to Section 65584. The inventory shall
line 13 specify for each site the number of units that can realistically be
line 14 accommodated on that site and whether the site is adequate to
line 15 accommodate lower-income housing, moderate-income housing,
line 16 or above moderate-income housing. A nonvacant site identified
line 17 pursuant to paragraph (3) or (4) of subdivision (a) in a prior housing
line 18 element and a vacant site that has been included in two or more
line 19 consecutive planning periods that was not approved to develop a
line 20 portion of the locality’s housing need shall not be deemed adequate
line 21 to accommodate a portion of the housing need for lower income
line 22 households that must be accommodated in the current housing
line 23 element planning period unless the site is zoned at residential
line 24 densities consistent with paragraph (3) of this subdivision and the
line 25 site is subject to a program in the housing element requiring
line 26 rezoning within three years of the beginning of the planning period
line 27 to allow residential use by right for housing developments in which
line 28 at least 20 percent of the units are affordable to lower income
line 29 households. A city that is an unincorporated area in a
line 30 nonmetropolitan county pursuant to clause (ii) of subparagraph
line 31 (B) of paragraph (3) shall not be subject to the requirements of
line 32 this subdivision to allow residential use by right. The analysis shall
line 33 determine whether the inventory can provide for a variety of types
line 34 of housing, including multifamily rental housing, factory-built
line 35 housing, mobilehomes, housing for agricultural employees,
line 36 supportive housing, single room occupancy units, emergency
line 37 shelters, and transitional housing. The city or county shall
line 38 determine the number of housing units that can be accommodated
line 39 on each site as follows:
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line 1 (1) If local law or regulations require the development of a site
line 2 at a minimum density, the department shall accept the planning
line 3 agency’s calculation of the total housing unit capacity on that site
line 4 based on the established minimum density. If the city or county
line 5 does not adopt a law or regulation requiring the development of a
line 6 site at a minimum density, then it shall demonstrate how the
line 7 number of units determined for that site pursuant to this subdivision
line 8 will be accommodated.
line 9 (2) The number of units calculated pursuant to paragraph (1)
line 10 shall be adjusted as necessary, based on the land use controls and
line 11 site improvements requirement identified in paragraph (5) of
line 12 subdivision (a) of Section 65583. 65583, the realistic development
line 13 capacity for the site, typical densities of existing or approved
line 14 residential developments at a similar affordability level in that
line 15 jurisdiction, and on the current or planned availability and
line 16 accessibility of sufficient water, sewer, and dry utilities.
line 17 (A) A site smaller than half an acre shall not be deemed adequate
line 18 to accommodate lower income housing need unless the locality
line 19 can demonstrate that sites of equivalent size were successfully
line 20 developed during the prior planning period for an equivalent
line 21 number of lower income housing units as projected for the site or
line 22 unless the locality provides other evidence to the department that
line 23 the site is adequate to accommodate lower income housing.
line 24 (B) A site larger than 10 acres shall not be deemed adequate to
line 25 accommodate lower income housing need unless the locality can
line 26 demonstrate that sites of equivalent size were successfully
line 27 developed during the prior planning period for an equivalent
line 28 number of lower income housing units as projected for the site or
line 29 unless the locality provides other evidence to the department that
line 30 the site can be developed as lower income housing. For purposes
line 31 of this subparagraph, “site” means that portion of a parcel or parcels
line 32 designated to accommodate lower income housing needs pursuant
line 33 to this subdivision.
line 34 (C) A site may be presumed to be realistic for development to
line 35 accommodate lower income housing need if, at the time of the
line 36 adoption of the housing element, a development affordable to
line 37 lower income households has been proposed and approved for
line 38 development on the site.
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line 1 (3) For the number of units calculated to accommodate its share
line 2 of the regional housing need for lower income households pursuant
line 3 to paragraph (2), a city or county shall do either of the following:
line 4 (A) Provide an analysis demonstrating how the adopted densities
line 5 accommodate this need. The analysis shall include, but is not
line 6 limited to, factors such as market demand, financial feasibility, or
line 7 information based on development project experience within a
line 8 zone or zones that provide housing for lower income households.
line 9 (B) The following densities shall be deemed appropriate to
line 10 accommodate housing for lower income households:
line 11 (i) For an incorporated city within a nonmetropolitan county
line 12 and for a nonmetropolitan county that has a micropolitan area:
line 13 sites allowing at least 15 units per acre.
line 14 (ii) For an unincorporated area in a nonmetropolitan county not
line 15 included in clause (i): sites allowing at least 10 units per acre.
line 16 (iii) For a suburban jurisdiction: sites allowing at least 20 units
line 17 per acre.
line 18 (iv) For a jurisdiction in a metropolitan county: sites allowing
line 19 at least 30 units per acre.
line 20 (d) For purposes of this section, a metropolitan county,
line 21 nonmetropolitan county, and nonmetropolitan county with a
line 22 micropolitan area shall be as determined by the United States
line 23 Census Bureau. A nonmetropolitan county with a micropolitan
line 24 area includes the following counties: Del Norte, Humboldt, Lake,
line 25 Mendocino, Nevada, Tehama, and Tuolumne and other counties
line 26 as may be determined by the United States Census Bureau to be
line 27 nonmetropolitan counties with micropolitan areas in the future.
line 28 (e) A jurisdiction shall be considered suburban if the jurisdiction
line 29 does not meet the requirements of clauses (i) and (ii) of
line 30 subparagraph (B) of paragraph (3) of subdivision (c) and is located
line 31 in a Metropolitan Statistical Area (MSA) of less than 2,000,000
line 32 in population, unless that jurisdiction’s population is greater than
line 33 100,000, in which case it shall be considered metropolitan. A
line 34 county, not including the City and County of San Francisco, shall
line 35 be considered suburban unless the county is in an MSA of
line 36 2,000,000 or greater in population in which case the county shall
line 37 be considered metropolitan.
line 38 (f) A jurisdiction shall be considered metropolitan if the
line 39 jurisdiction does not meet the requirements for “suburban area”
line 40 above and is located in an MSA of 2,000,000 or greater in
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line 1 population, unless that jurisdiction’s population is less than 25,000
line 2 in which case it shall be considered suburban.
line 3 (g) (1) For sites described in paragraph (3) of subdivision (b),
line 4 the city or county shall specify the additional development potential
line 5 for each site within the planning period and shall provide an
line 6 explanation of the methodology used to determine the development
line 7 potential. The methodology shall consider factors including the
line 8 extent to which existing uses may constitute an impediment to
line 9 additional residential development, the city’s or county’s past
line 10 experience with converting existing uses to higher density
line 11 residential development, the current market demand for the existing
line 12 use, an analysis of any existing leases or other contracts that would
line 13 perpetuate the existing use or prevent redevelopment of the site
line 14 for additional residential development, development trends, market
line 15 conditions, and regulatory or other incentives or standards to
line 16 encourage additional residential development on these sites.
line 17 (2) In addition to the analysis required in paragraph (1), when
line 18 a city or county is relying on nonvacant sites described in paragraph
line 19 (3) of subdivision (b) to accommodate 50 percent or more of its
line 20 housing need for lower income households, the methodology used
line 21 to determine additional development potential shall demonstrate
line 22 that the existing use identified pursuant to paragraph (3) of
line 23 subdivision (b) does not constitute an impediment to additional
line 24 residential development during the period covered by the housing
line 25 element. An existing use shall be presumed to impede additional
line 26 residential development, absent findings based on substantial
line 27 evidence that the use is likely to be discontinued during the
line 28 planning period.
line 29 (3) Notwithstanding any other law, and in addition to the
line 30 requirements in paragraphs (1) and (2), sites that currently have
line 31 residential uses, or within the past five years have had residential
line 32 uses that have been vacated or demolished, that are or were subject
line 33 to a recorded covenant, ordinance, or law that restricts rents to
line 34 levels affordable to persons and families of low or very low
line 35 income, subject to any other form of rent or price control through
line 36 a public entity’s valid exercise of its police power, or occupied by
line 37 low or very low income households, shall be subject to a policy
line 38 requiring the replacement of all those units affordable to the same
line 39 or lower income level as a condition of any development on the
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line 1 site. Replacement requirements shall be consistent with those set
line 2 forth in paragraph (3) of subdivision (c) of Section 65915.
line 3 (h) The program required by subparagraph (A) of paragraph (1)
line 4 of subdivision (c) of Section 65583 shall accommodate 100 percent
line 5 of the need for housing for very low and low-income households
line 6 allocated pursuant to Section 65584 for which site capacity has
line 7 not been identified in the inventory of sites pursuant to paragraph
line 8 (3) of subdivision (a) on sites that shall be zoned to permit
line 9 owner-occupied and rental multifamily residential use by right for
line 10 developments in which at least 20 percent of the units are
line 11 affordable to lower income households during the planning period.
line 12 These sites shall be zoned with minimum density and development
line 13 standards that permit at least 16 units per site at a density of at
line 14 least 16 units per acre in jurisdictions described in clause (i) of
line 15 subparagraph (B) of paragraph (3) of subdivision (c), shall be at
line 16 least 20 units per acre in jurisdictions described in clauses (iii) and
line 17 (iv) of subparagraph (B) of paragraph (3) of subdivision (c), and
line 18 shall meet the standards set forth in subparagraph (B) of paragraph
line 19 (5) of subdivision (b). At least 50 percent of the very low and
line 20 low-income housing need shall be accommodated on sites
line 21 designated for residential use and for which nonresidential uses
line 22 or mixed uses are not permitted, except that a city or county may
line 23 accommodate all of the very low and low-income housing need
line 24 on sites designated for mixed uses if those sites allow 100 percent
line 25 residential use and require that residential use occupy 50 percent
line 26 of the total floor area of a mixed uses project.
line 27 (i) For purposes of this section and Section 65583, the phrase
line 28 “use by right” shall mean that the local government’s review of
line 29 the owner-occupied or multifamily residential use may not require
line 30 a conditional use permit, planned unit development permit, or other
line 31 discretionary local government review or approval that would
line 32 constitute a “project” for purposes of Division 13 (commencing
line 33 with Section 21000) of the Public Resources Code. Any subdivision
line 34 of the sites shall be subject to all laws, including, but not limited
line 35 to, the local government ordinance implementing the Subdivision
line 36 Map Act. A local ordinance may provide that “use by right” does
line 37 not exempt the use from design review. However, that design
line 38 review shall not constitute a “project” for purposes of Division 13
line 39 (commencing with Section 21000) of the Public Resources Code.
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line 1 Use by right for all rental multifamily residential housing shall be
line 2 provided in accordance with subdivision (f) of Section 65589.5.
line 3 (j) For purposes of subdivisions (a) and (b), the department shall
line 4 provide guidance to local governments to properly survey, detail,
line 5 and account for sites listed pursuant to Section 65585.
line 6 (k) This section shall become operative on December 31, 2028.
line 7 SEC. 4. Section 65584 of the Government Code is amended
line 8 to read:
line 9 65584. (a) (1) For the fourth and subsequent revisions of the
line 10 housing element pursuant to Section 65588, the department shall
line 11 determine the existing and projected need for housing for each
line 12 region pursuant to this article. For purposes of subdivision (a) of
line 13 Section 65583, the share of a city or county of the regional housing
line 14 need shall include that share of the housing need of persons at all
line 15 income levels within the area significantly affected by the general
line 16 plan of the city or county.
line 17 (2) It is the intent of the Legislature that cities, counties, and
line 18 cities and counties should undertake all necessary actions to
line 19 encourage, promote, and facilitate the development of housing to
line 20 accommodate the entire regional housing need, and reasonable
line 21 actions should be taken by local and regional governments to
line 22 ensure that future housing production meet, at a minimum, the
line 23 regional housing need established for planning purposes. These
line 24 actions shall include applicable reforms and incentives in Section
line 25 65582.1.
line 26 (3) The Legislature finds and declares that insufficient housing
line 27 in job centers hinders the state’s environmental quality and runs
line 28 counter to the state’s environmental goals. In particular, when
line 29 Californians seeking affordable housing are forced to drive longer
line 30 distances to work, an increased amount of greenhouse gases and
line 31 other pollutants is released and puts in jeopardy the achievement
line 32 of the state’s climate goals, as established pursuant to Section
line 33 38566 of the Health and Safety Code, and clean air goals.
line 34 (b) The department, in consultation with each council of
line 35 governments, shall determine each region’s existing and projected
line 36 housing need pursuant to Section 65584.01 at least two years prior
line 37 to the scheduled revision required pursuant to Section 65588. The
line 38 appropriate council of governments, or for cities and counties
line 39 without a council of governments, the department, shall adopt a
line 40 final regional housing need plan that allocates a share of the
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line 1 regional housing need to each city, county, or city and county at
line 2 least one year prior to the scheduled revision for the region required
line 3 by Section 65588. The allocation plan prepared by a council of
line 4 governments shall be prepared pursuant to Sections 65584.04 and
line 5 65584.05 with the advice of the department.
line 6 (c) Notwithstanding any other provision of law, the due dates
line 7 for the determinations of the department or for the council of
line 8 governments, respectively, regarding the regional housing need
line 9 may be extended by the department by not more than 60 days if
line 10 the extension will enable access to more recent critical population
line 11 or housing data from a pending or recent release of the United
line 12 States Census Bureau or the Department of Finance. If the due
line 13 date for the determination of the department or the council of
line 14 governments is extended for this reason, the department shall
line 15 extend the corresponding housing element revision deadline
line 16 pursuant to Section 65588 by not more than 60 days.
line 17 (d) The regional housing needs allocation plan shall be
line 18 consistent with all of the following objectives:
line 19 (1) Increasing the housing supply and the mix of housing types,
line 20 tenure, and affordability in all cities and counties within the region
line 21 in an equitable manner, which shall result in each jurisdiction
line 22 receiving an allocation of units for low- and very low income
line 23 households.
line 24 (2) Promoting infill development and socioeconomic equity,
line 25 the protection of environmental and agricultural resources, and
line 26 the encouragement of efficient development patterns.
line 27 (3) Promoting an improved intraregional relationship between
line 28 jobs and housing.
line 29 (4) Allocating a lower proportion of housing need to an income
line 30 category when a jurisdiction already has a disproportionately high
line 31 share of households in that income category, as compared to the
line 32 countywide distribution of households in that category from the
line 33 most recent decennial United States census.
line 34 (e) For purposes of this section, “household income levels” are
line 35 as determined by the department as of the most recent decennial
line 36 census pursuant to the following code sections:
line 37 (1) Very low incomes as defined by Section 50105 of the Health
line 38 and Safety Code.
line 39 (2) Lower incomes, as defined by Section 50079.5 of the Health
line 40 and Safety Code.
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D-29
line 1 (3) Moderate incomes, as defined by Section 50093 of the Health
line 2 and Safety Code.
line 3 (4) Above moderate incomes are those exceeding the
line 4 moderate-income level of Section 50093 of the Health and Safety
line 5 Code.
line 6 (f) Notwithstanding any other provision of law, determinations
line 7 made by the department, a council of governments, or a city or
line 8 county pursuant to this section or Section 65584.01, 65584.02,
line 9 65584.03, 65584.04, 65584.05, 65584.06, 65584.07, or 65584.08
line 10 are exempt from the California Environmental Quality Act
line 11 (Division 13 (commencing with Section 21000) of the Public
line 12 Resources Code).
line 13 SEC. 5. Section 65584.01 of the Government Code is amended
line 14 to read:
line 15 65584.01. For the fourth and subsequent revision of the housing
line 16 element pursuant to Section 65588, the department, in consultation
line 17 with each council of governments, where applicable, shall
line 18 determine the existing and projected need for housing for each
line 19 region in the following manner:
line 20 (a) The department’s determination shall be based upon
line 21 population projections produced by the Department of Finance
line 22 and regional population forecasts used in preparing regional
line 23 transportation plans, in consultation with each council of
line 24 governments. If the total regional population forecast for the
line 25 projection year, developed by the council of governments and used
line 26 for the preparation of the regional transportation plan, is within a
line 27 range of 1.5 percent of the total regional population forecast for
line 28 the projection year by the Department of Finance, then the
line 29 population forecast developed by the council of governments shall
line 30 be the basis from which the department determines the existing
line 31 and projected need for housing in the region. If the difference
line 32 between the total population projected by the council of
line 33 governments and the total population projected for the region by
line 34 the Department of Finance is greater than 1.5 percent, then the
line 35 department and the council of governments shall meet to discuss
line 36 variances in methodology used for population projections and seek
line 37 agreement on a population projection for the region to be used as
line 38 a basis for determining the existing and projected housing need
line 39 for the region. If no agreement is reached, then the population
line 40 projection for the region shall be the population projection for the
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line 1 region prepared by the Department of Finance as may be modified
line 2 by the department as a result of discussions with the council of
line 3 governments.
line 4 (b) (1) At least 26 months prior to the scheduled revision
line 5 pursuant to Section 65588 and prior to developing the existing and
line 6 projected housing need for a region, the department shall meet and
line 7 consult with the council of governments regarding the assumptions
line 8 and methodology to be used by the department to determine the
line 9 region’s housing needs. The council of governments shall provide
line 10 data assumptions from the council’s projections, including, if
line 11 available, the following data for the region:
line 12 (A) Anticipated household growth associated with projected
line 13 population increases.
line 14 (B) Household size data and trends in household size.
line 15 (C) The percentage of renters’ households that are overcrowded
line 16 and the overcrowding rate for a healthy comparable housing
line 17 market. For purposes of this subparagraph:
line 18 (i) The term “overcrowded” means more than one resident per
line 19 room in each room in a dwelling.
line 20 (ii) The term “overcrowded rate for a healthy comparable
line 21 housing market” means that the overcrowding rate is no more than
line 22 the average overcrowding rate in comparable regions throughout
line 23 the nation, as determined by the council of governments.
line 24 (D) The rate of household formation, or headship rates, based
line 25 on age, gender, ethnicity, or other established demographic
line 26 measures.
line 27 (E) The vacancy rates in existing housing stock, and the vacancy
line 28 rates for healthy housing market functioning and regional mobility,
line 29 as well as housing replacement needs. For purposes of this
line 30 subparagraph, the vacancy rate for a healthy housing market shall
line 31 be considered between 5 and 8 percent for both rental and
line 32 ownership housing.
line 33 (F) Other characteristics of the composition of the projected
line 34 population.
line 35 (G) The relationship between jobs and housing, including any
line 36 imbalance between jobs and housing.
line 37 (H) The percentage of households that are cost burdened and
line 38 the rate of housing cost burden for a healthy housing market. For
line 39 the purposes of this subparagraph:
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line 1 (i) The term “cost burdened” means the share of very low-,
line 2 low-, moderate-, and above moderate-income households that are
line 3 paying more than 30 percent of household income on housing
line 4 costs.
line 5 (ii) The term “rate of housing cost burden for a healthy housing
line 6 market” means that the rate of households that are cost burdened
line 7 is no more than the average rate of households that are cost
line 8 burdened in comparable regions throughout the nation, as
line 9 determined by the council of governments.
line 10 (I) Projected household income growth.
line 11 (2) The department may accept or reject the information
line 12 provided by the council of governments or modify its own
line 13 assumptions or methodology based on this information. After
line 14 consultation with the council of governments, the department shall
line 15 make determinations in writing on the assumptions for each of the
line 16 factors listed in subparagraphs (A) to (I), inclusive, of paragraph
line 17 (1) and the methodology it shall use and shall provide these
line 18 determinations to the council of governments. The methodology
line 19 submitted by the department shall grant allowances to adjust for
line 20 each of the factors listed in subparagraphs (C), (E), and (H) of
line 21 paragraph (1) based on the region’s total projected households,
line 22 which includes existing households as well as future projected
line 23 households.
line 24 (c) (1) After consultation with the council of governments, the
line 25 department shall make a determination of the region’s existing
line 26 and projected housing need based upon the assumptions and
line 27 methodology determined pursuant to subdivision (b). The region’s
line 28 existing and projected housing need shall reflect the achievement
line 29 of a feasible balance between jobs and housing within the region
line 30 using the regional employment projections in the applicable
line 31 regional transportation plan. Within 30 days following notice of
line 32 the determination from the department, the council of governments
line 33 may file an objection to the department’s determination of the
line 34 region’s existing and projected housing need with the department.
line 35 (2) The objection shall be based on and substantiate either of
line 36 the following:
line 37 (A) The department failed to base its determination on the
line 38 population projection for the region established pursuant to
line 39 subdivision (a), and shall identify the population projection which
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line 1 the council of governments believes should instead be used for the
line 2 determination and explain the basis for its rationale.
line 3 (B) The regional housing need determined by the department
line 4 is not a reasonable application of the methodology and assumptions
line 5 determined pursuant to subdivision (b). The objection shall include
line 6 a proposed alternative determination of its regional housing need
line 7 based upon the determinations made in subdivision (b), including
line 8 analysis of why the proposed alternative would be a more
line 9 reasonable application of the methodology and assumptions
line 10 determined pursuant to subdivision (b).
line 11 (3) If a council of governments files an objection pursuant to
line 12 this subdivision and includes with the objection a proposed
line 13 alternative determination of its regional housing need, it shall also
line 14 include documentation of its basis for the alternative determination.
line 15 Within 45 days of receiving an objection filed pursuant to this
line 16 section, the department shall consider the objection and make a
line 17 final written determination of the region’s existing and projected
line 18 housing need that includes an explanation of the information upon
line 19 which the determination was made.
line 20 SEC. 6. Section 65584.04 of the Government Code is amended
line 21 to read:
line 22 65584.04. (a) At least two years prior to a scheduled revision
line 23 required by Section 65588, each council of governments, or
line 24 delegate subregion as applicable, shall develop a proposed
line 25 methodology for distributing the existing and projected regional
line 26 housing need to cities, counties, and cities and counties within the
line 27 region or within the subregion, where applicable pursuant to this
line 28 section. The methodology shall be consistent with the objectives
line 29 listed in subdivision (d) of Section 65584.
line 30 (b) (1) No more than six months prior to the development of a
line 31 proposed methodology for distributing the existing and projected
line 32 housing need, each council of governments shall survey each of
line 33 its member jurisdictions to request, at a minimum, information
line 34 regarding the factors listed in subdivision (d) that will allow the
line 35 development of a methodology based upon the factors established
line 36 in subdivision (d).
line 37 (2) The council of governments shall seek to obtain the
line 38 information in a manner and format that is comparable throughout
line 39 the region and utilize readily available data to the extent possible.
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line 1 (3) The information provided by a local government pursuant
line 2 to this section shall be used, to the extent possible, by the council
line 3 of governments, or delegate subregion as applicable, as source
line 4 information for the methodology developed pursuant to this section.
line 5 The survey shall state that none of the information received may
line 6 be used as a basis for reducing the total housing need established
line 7 for the region pursuant to Section 65584.01.
line 8 (4) If the council of governments fails to conduct a survey
line 9 pursuant to this subdivision, a city, county, or city and county may
line 10 submit information related to the items listed in subdivision (d)
line 11 prior to the public comment period provided for in subdivision
line 12 (c).
line 13 (c) Public participation and access shall be required in the
line 14 development of the methodology and in the process of drafting
line 15 and adoption of the allocation of the regional housing needs.
line 16 Participation by organizations other than local jurisdictions and
line 17 councils of governments shall be solicited in a diligent effort to
line 18 achieve public participation of all economic segments of the
line 19 community. The proposed methodology, along with any relevant
line 20 underlying data and assumptions, and an explanation of how
line 21 information about local government conditions gathered pursuant
line 22 to subdivision (b) has been used to develop the proposed
line 23 methodology, and how each of the factors listed in subdivision (d)
line 24 is incorporated into the methodology, shall be distributed to all
line 25 cities, counties, any subregions, and members of the public who
line 26 have made a written request for the proposed methodology. The
line 27 council of governments, or delegate subregion, as applicable, shall
line 28 conduct at least one public hearing to receive oral and written
line 29 comments on the proposed methodology.
line 30 (d) To the extent that sufficient data is available from local
line 31 governments pursuant to subdivision (b) or other sources, each
line 32 council of governments, or delegate subregion as applicable, shall
line 33 include the following factors to develop the methodology that
line 34 allocates regional housing needs:
line 35 (1) Each member jurisdiction’s existing and projected jobs and
line 36 housing relationship.
line 37 (2) The opportunities and constraints to development of
line 38 additional housing in each member jurisdiction, including all of
line 39 the following:
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line 1 (A) Lack of capacity for sewer or water service due to federal
line 2 or state laws, regulations or regulatory actions, or supply and
line 3 distribution decisions made by a sewer or water service provider
line 4 other than the local jurisdiction that preclude the jurisdiction from
line 5 providing necessary infrastructure for additional development
line 6 during the planning period.
line 7 (B) The availability of land suitable for urban development or
line 8 for conversion to residential use, the availability of underutilized
line 9 land, and opportunities for infill development and increased
line 10 residential densities. The council of governments may not limit
line 11 its consideration of suitable housing sites or land suitable for urban
line 12 development to existing zoning ordinances and land use restrictions
line 13 of a locality, but shall consider the potential for increased
line 14 residential development under alternative zoning ordinances and
line 15 land use restrictions. The determination of available land suitable
line 16 for urban development may exclude lands where the Federal
line 17 Emergency Management Agency (FEMA) or the Department of
line 18 Water Resources has determined that the flood management
line 19 infrastructure designed to protect that land is not adequate to avoid
line 20 the risk of flooding.
line 21 (C) Lands preserved or protected from urban development under
line 22 existing federal or state programs, or both, designed to protect
line 23 open space, farmland, environmental habitats, and natural resources
line 24 on a long-term basis.
line 25 (D) County policies to preserve prime agricultural land, as
line 26 defined pursuant to Section 56064, within an unincorporated area.
line 27 (3) The distribution of household growth assumed for purposes
line 28 of a comparable period of regional transportation plans and
line 29 opportunities to maximize the use of public transportation and
line 30 existing transportation infrastructure.
line 31 (4) The market demand for housing.
line 32 (5) Agreements between a county and cities in a county to direct
line 33 growth toward incorporated areas of the county.
line 34 (6) The loss of units contained in assisted housing developments,
line 35 as defined in paragraph (9) of subdivision (a) of Section 65583,
line 36 that changed to non-low-income use through mortgage prepayment,
line 37 subsidy contract expirations, or termination of use restrictions.
line 38 (7) High-housing cost burdens.
line 39 (8) The housing needs of farmworkers.
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line 1 (9) The housing needs generated by the presence of a private
line 2 university or a campus of the California State University or the
line 3 University of California within any member jurisdiction.
line 4 (10) Any other factors adopted by the council of governments.
line 5 (e) The council of governments, or delegate subregion, as
line 6 applicable, shall explain in writing how each of the factors
line 7 described in subdivision (d) was incorporated into the methodology
line 8 and how the methodology is consistent with subdivision (d) of
line 9 Section 65584. The methodology may include numerical weighting.
line 10 (f) The following criteria shall not be a justification for a
line 11 determination or a reduction in a jurisdiction’s share of the regional
line 12 housing need:
line 13 (1) Any ordinance, policy, voter-approved measure, or standard
line 14 of a city or county that directly or indirectly limits the number of
line 15 residential building permits issued by a city or county.
line 16 (2) Prior underproduction of housing in a city or county from
line 17 the previous regional housing need allocation, as determined by
line 18 each jurisdiction’s annual production report submitted pursuant
line 19 to subparagraph (H) of paragraph (2) of subdivision (a) of Section
line 20 65400.
line 21 (3) Stable population numbers in a city or county from the
line 22 previous regional housing needs cycle.
line 23 (g) In addition to the factors identified pursuant to subdivision
line 24 (d), the council of governments, or delegate subregion, as
line 25 applicable, shall identify any existing local, regional, or state
line 26 incentives, such as a priority for funding or other incentives
line 27 available to those local governments that are willing to accept a
line 28 higher share than proposed in the draft allocation to those local
line 29 governments by the council of governments or delegate subregion
line 30 pursuant to Section 65584.05.
line 31 (h) Following the conclusion of the 60-day public comment
line 32 period described in subdivision (c) on the proposed allocation
line 33 methodology, and after making any revisions deemed appropriate
line 34 by the council of governments, or delegate subregion, as applicable,
line 35 as a result of comments received during the public comment period,
line 36 each council of governments, or delegate subregion, as applicable,
line 37 shall adopt a final regional, or subregional, housing need allocation
line 38 methodology and provide notice of the adoption of the
line 39 methodology to the jurisdictions within the region, or delegate
line 40 subregion as applicable, and to the department.
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line 1 (i) (1) It is the intent of the Legislature that housing planning
line 2 be coordinated and integrated with the regional transportation plan.
line 3 To achieve this goal, the allocation plan shall allocate housing
line 4 units within the region consistent with the development pattern
line 5 included in the sustainable communities strategy.
line 6 (2) The final allocation plan shall ensure that the total regional
line 7 housing need, by income category, as determined under Section
line 8 65584, is maintained, and that each jurisdiction in the region
line 9 receive an allocation of units for low- and very low income
line 10 households.
line 11 (3) The resolution approving the final housing need allocation
line 12 plan shall demonstrate that the plan is consistent with the
line 13 sustainable communities strategy in the regional transportation
line 14 plan.
line 15 (j) (1) It is the intent of the Legislature that housing planning
line 16 reduce racial and wealth disparities throughout a region. To achieve
line 17 this goal, the allocation plan shall assign additional weight to local
line 18 governments that meet the following criteria in subparagraphs (A)
line 19 and (B) in the distribution of the regional housing needs allocation
line 20 for all income categories, in particular housing needs allocations
line 21 for low- and very low income households:
line 22 (A) A local government with median employed household
line 23 incomes above the 50th percentile for the region.
line 24 (B) A local government that either contains a major regional
line 25 job center, as determined by the council of governments, or
line 26 contains high-quality public transportation for the region, such as
line 27 a major transit stop or stops along a high-quality transit corridor,
line 28 as defined in Section 21155 of the Public Resources Code, that
line 29 connects to a regional job center.
line 30 (2) The resolution approving the final housing need allocation
line 31 plan shall demonstrate government efforts to reduce racial and
line 32 wealth disparities throughout a region by assigning additional
line 33 weight to local governments that meet the criteria in subparagraphs
line 34 (A) and (B) of paragraph (1) in the distribution of the regional
line 35 housing needs allocation for all income categories, in particular
line 36 housing needs allocations for low- and very low income
line 37 households.
line 38 SEC. 7. No reimbursement is required by this act pursuant to
line 39 Section 6 of Article XIIIB of the California Constitution because
line 40 a local agency or school district has the authority to levy service
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line 1 charges, fees, or assessments sufficient to pay for the program or
line 2 level of service mandated by this act, within the meaning of Section
line 3 17556 of the Government Code.
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July 17, 2018
VIA FACSIMILE: (916) 651-4910
The Honorable Bob Wieckowski
California State Senate
State Capitol, Rm. 4085
Sacramento, CA 95814
SUBJECT: SB 831 (Wieckowski) Land Use: Accessory Dwelling Units.
Notice of Opposition (as amended 6/21/18)
Dear Senator Wieckowski:
The City of Rancho Palos Verdes opposes SB 831 (Wie ckowski), which would amend the
statewide standards that apply to locally-adopted ordinances concerning accessory
dwelling units (ADUs), even though the law was thoroughly—and we would argue,
unnecessarily—revised in the 2016 Legislative Session. Rancho Palos Verdes remains
fundamentally opposed to State-mandated development standards for ADUs that seek to
override and invalidate the carefully-crafted standards that our city has developed in order
to provide opportunities for affordable housing while protecting the quality and character
of our residential neighborhoods. That being said, we share the concerns about SB 831
that have been expressed by the League of California Cities and others.
SB 831 amends Government Code Section 65852.2(e), thereby circumventing local
ordinances that may exclude ADUs for criteria based on health and safety. Specifically,
up to two, new-construction ADUs on a parcel with a multifamily dwelling, unlimited ADUs
converted from existing space with a multifamily building, a new-construction ADU on a
parcel with a single family home, and conversions of existing space to create an ADU,
and ADU within a single family home or associated accessory structure would have to be
allowed on any residential or mixed-use parcel, irrespective of a local ordinance adopted
pursuant to Government Code Section 65852.2(a)(1)(A).
In semi-rural communities such as Rancho Palos Verdes, where many parcels do not
have public sewer service, parcel sizes and lot coverage standards are important
regulatory tools for ensuring that a particular lot can actually accommodate an ADU.
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Senator Bob Wieckowski
July 17, 2018
Page 2
Instead of allowing cities to establish reasonable, generally-applicable standards
identifying those parcels unable to accommodate required septic services, this bill
requires such issues to be considered on a case-by-case, which will create uncertainty
and confusion for applicants. As an alternative, local agencies should be able to impose
reasonable lot size or coverage standards based on health and safety issues.
We recognize that the 60-day timeframe for permit approval for ADUs is based on a
similar standard for discretionary applications under the Permit Streamlining Act. We
hope that SB 831 can be further amended to ensure that any similar timeframe for ADU
permits is workable in the context of granting a ministerial permit.
Finally, we oppose requiring the by-right approval of stand-alone ADUs parcels with
existing, multifamily buildings. Such a requirement would create a loophole around local
requirements that multifamily projects include open space for the benefit of tenants,
among other requirements. Moreover, reasonable limitations should be imposed on the
number of additional units that may be created from existing space within multifamily
buildings.
For these reasons, the City of Rancho Palos Verdes opposes SB 831.
Sincerely,
Susan Brooks
Mayor
cc: Senator Ben Allen, FAX (916) 651-4926
Assembly Member Al Muratsuchi, FAX (916) 319-2166
Senate Transportation & Housing Committee, FAX (916) 445-2209
Senate Governance and Finance Committee, FAX (916) 322-0298
Rancho Palos Verdes City Council
Doug Willmore, City Manager
Gabriela Yap, Deputy City Manager
Kit Fox, Senior Administrative Analyst
Jeff Kiernan, League of California Cities (jkiernan@cacities.org)
Meg Desmond, League of California Cities (cityletters@cacities.org)
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AMENDED IN ASSEMBLY JUNE 21, 2018
AMENDED IN SENATE MAY 25, 2018
AMENDED IN SENATE MAY 14, 2018
AMENDED IN SENATE MAY 1, 2018
AMENDED IN SENATE APRIL 9, 2018
AMENDED IN SENATE MARCH 13, 2018
SENATE BILL No. 831
Introduced by Senator Wieckowski
(Coauthors: Senators Atkins, Skinner, and Wiener)
January 4, 2018
An act to amend Sections 65585 and 65852.2, and to add Section
65852.21 to, and to add and repeal Section 65852.23 of, the Government
Code, relating to land use.
legislative counsel’s digest
SB 831, as amended, Wieckowski. Land use: accessory dwelling
units.
The Planning and Zoning Law authorizes a local agency to provide
by ordinance for the creation of accessory dwelling units in single-family
and multifamily residential zones, requires that ordinance to designate
areas where accessory dwelling units may be permitted, and sets forth
standards the ordinance is required to impose, including, among others,
maximum unit size, parking, and height standards. Existing law prohibits
an accessory dwelling unit from being considered by a local agency,
special district, or water corporation to be a new residential use for
purposes of calculating connection fees or capacity charges for utilities.
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Existing law prohibits requirements for the installation of a new or
separate utility connection between the accessory dwelling unit and the
utility, except in instances where an accessory dwelling unit is subject
to ministerial approval, as specified, and authorizes a fee to be charged
in those instances. Existing law requires a local agency to submit an
ordinance adopted for the creation of accessory dwelling units to the
Department of Housing and Community Development and authorizes
the department to review and comment on the ordinance. Existing law
requires an application for an accessory dwelling unit permit to be
considered, as specified, within 120 days of receiving it.
This bill would require the ordinance for the creation of accessory
dwelling units to designate areas where accessory dwelling units may
be excluded for health and safety purposes, as specified. The bill would
revise the standards for the local ordinance to, among other things,
delete the authority to include lot courage coverage standards, and
include a prohibition on considering the square footage of a proposed
accessory dwelling unit when calculating an allowable floor-to-area
ratio or lot coverage ratio for the lot. The bill would require that a permit
application for an accessory dwelling unit be approved or disapproved
within 60 days and would specify that if a local agency does not act on
an application for a accessory dwelling unit within 60 days, then the
application shall be deemed approved. The bill would prohibit a local
agency from requiring that offstreet parking spaces be replaced when
a garage, carport, or covered parking structure is demolished or
converted in conjunction with the construction of an accessory dwelling
unit. The bill would prohibit another local ordinance, policy, or
regulation from being the basis for the delay of the issuance of a building
permit or use permit for an accessory dwelling unit. The bill would
delete provisions authorizing a local agency to require owner occupancy
by the permit applicant and would declare an agreement with a local
agency to maintain owner occupancy as void and unenforceable.
This bill would prohibit an accessory dwelling unit from being
considered by a local agency, special district, or water corporation to
be a new residential use for purposes of calculating fees charged for
new development, except in certain circumstances when a new or
separate utility connection between the accessory dwelling unit and the
utility may be required and except for certain fees charged by a school
district that the bill would limit to $3,000 per accessory dwelling unit.
The bill would authorize the department, upon submission of an
adopted ordinance for the creation of accessory dwelling units, to submit
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written findings to the local agency regarding whether the ordinance
complies with statutory provisions. The bill would authorize the
department to adopt guidelines to implement uniform standards or
criteria to supplement or clarify the terms, references, or standards set
forth in statute and would exempt the adoption of those guidelines from
the Administrative Procedure Act. The bill would, until January 1, 2029,
also require a local building official, upon request of the owner of the
accessory dwelling unit, to approve a delay of not less than 10 years of
the enforcement of any building code requirement that, in the judgment
of the building official, is not necessary to protect public health and
safety. By increasing the duties of local agencies with respect to land
use regulations, the bill would impose a state-mandated local program.
This bill would also require the department to notify the city, county,
or city and county and authorize notice to the Attorney General when
the city, county, or city and county is not substantially complying with
the above-described provisions regarding accessory dwelling units.
The bill would require a local agency to ministerially approve an
application for a building permit to create one or more accessory
dwelling units if certain criteria are met.
Existing law authorizes a local agency to provide by ordinance for
the creation of junior accessory dwelling units, as defined, in
single-family residential zones and requires the ordinance to include,
among other things, standards for the creation of a junior accessory
dwelling unit, required deed restrictions, and occupancy requirements.
Existing law prohibits an ordinance from requiring, as a condition of
granting a permit for a junior accessory dwelling unit, additional parking
requirements.
The bill would require a local agency to ministerially approve the
creation of junior accessory dwelling units in single-family residential
zones, if specified criteria are met.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act
for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
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The people of the State of California do enact as follows:
line 1 SECTION 1. Section 65585 of the Government Code is
line 2 amended to read:
line 3 65585. (a) In the preparation of its housing element, each city
line 4 and county shall consider the guidelines adopted by the department
line 5 pursuant to Section 50459 of the Health and Safety Code. Those
line 6 guidelines shall be advisory to each city or county in the
line 7 preparation of its housing element.
line 8 (b) (1) At least 90 days prior to adoption of its housing element,
line 9 or at least 60 days prior to the adoption of an amendment to this
line 10 element, the planning agency shall submit a draft element or draft
line 11 amendment to the department.
line 12 (2) The planning agency staff shall collect and compile the
line 13 public comments regarding the housing element received by the
line 14 city, county, or city and county, and provide these comments to
line 15 each member of the legislative body before it adopts the housing
line 16 element.
line 17 (3) The department shall review the draft and report its written
line 18 findings to the planning agency within 90 days of its receipt of the
line 19 draft in the case of an adoption or within 60 days of its receipt in
line 20 the case of a draft amendment.
line 21 (c) In the preparation of its findings, the department may consult
line 22 with any public agency, group, or person. The department shall
line 23 receive and consider any written comments from any public
line 24 agency, group, or person regarding the draft or adopted element
line 25 or amendment under review.
line 26 (d) In its written findings, the department shall determine
line 27 whether the draft element or draft amendment substantially
line 28 complies with this article.
line 29 (e) Prior to the adoption of its draft element or draft amendment,
line 30 the legislative body shall consider the findings made by the
line 31 department. If the department’s findings are not available within
line 32 the time limits set by this section, the legislative body may act
line 33 without them.
line 34 (f) If the department finds that the draft element or draft
line 35 amendment does not substantially comply with this article, the
line 36 legislative body shall take one of the following actions:
line 37 (1) Change the draft element or draft amendment to substantially
line 38 comply with this article.
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line 1 (2) Adopt the draft element or draft amendment without changes.
line 2 The legislative body shall include in its resolution of adoption
line 3 written findings which explain the reasons the legislative body
line 4 believes that the draft element or draft amendment substantially
line 5 complies with this article despite the findings of the department.
line 6 (g) Promptly following the adoption of its element or
line 7 amendment, the planning agency shall submit a copy to the
line 8 department.
line 9 (h) The department shall, within 90 days, review adopted
line 10 housing elements or amendments and report its findings to the
line 11 planning agency.
line 12 (i) (1) (A) The department shall review any action or failure
line 13 to act by the city, county, or city and county that it determines is
line 14 inconsistent with an adopted housing element or Section 65583,
line 15 including any failure to implement any program actions included
line 16 in the housing element pursuant to Section 65583. The department
line 17 shall issue written findings to the city, county, or city and county
line 18 as to whether the action or failure to act substantially complies
line 19 with this article, and provide a reasonable time no longer than 30
line 20 days for the city, county, or city and county to respond to the
line 21 findings before taking any other action authorized by this section,
line 22 including the action authorized by subparagraph (B).
line 23 (B) If the department finds that the action or failure to act by
line 24 the city, county, or city and county does not substantially comply
line 25 with this article, and if it has issued findings pursuant to this section
line 26 that an amendment to the housing element substantially complies
line 27 with this article, the department may revoke its findings until it
line 28 determines that the city, county, or city and county has come into
line 29 compliance with this article.
line 30 (2) The department may consult with any local government,
line 31 public agency, group, or person, and shall receive and consider
line 32 any written comments from any public agency, group, or person,
line 33 regarding the action or failure to act by the city, county, or city
line 34 and county described in paragraph (1), in determining whether the
line 35 housing element substantially complies with this article.
line 36 (j) The department shall notify the city, county, or city and
line 37 county and may notify the Office of the Attorney General that the
line 38 city, county, or city and county is in violation of state law if the
line 39 department finds that the housing element or an amendment to this
line 40 element, or any action or failure to act described in subdivision
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line 1 (i), does not substantially comply with this article or that any local
line 2 government has taken an action in violation of the following:
line 3 (1) Housing Accountability Act (Section 65589.5 of the
line 4 Government Code).
line 5 (2) Section 65863 of the Government Code.
line 6 (3) Chapter 4.3 (commencing with Section 65915) of Division
line 7 1 of Title 7 of the Government Code.
line 8 (4) Section 65008 of the Government Code.
line 9 (5) Section 65852.2 of the Government Code.
line 10 SEC. 2. Section 65852.2 of the Government Code is amended
line 11 to read:
line 12 65852.2. (a) (1) A local agency may, by ordinance, provide
line 13 for the creation of accessory dwelling units in areas zoned to allow
line 14 single-family or multifamily dwelling residential use. The
line 15 ordinance shall do all of the following:
line 16 (A) Designate areas within the jurisdiction of the local agency
line 17 where accessory dwelling units may be excluded for health and
line 18 safety, including fire safety, purposes, based on clear findings that
line 19 are supported by substantial evidence. The designation of areas
line 20 shall be based on criteria that may include, but are not limited to,
line 21 the adequacy of water and sewer services and other health and
line 22 safety, including fire safety, issues.
line 23 (B) (i) Impose standards on accessory dwelling units that
line 24 include, but are not limited to, parking, height, setback, landscape,
line 25 architectural review, maximum size of a unit, and standards that
line 26 prevent adverse impacts on any real property that is listed in the
line 27 California Register of Historic Places.
line 28 (ii) Notwithstanding clause (i), a local agency may reduce or
line 29 eliminate parking requirements for any accessory dwelling unit
line 30 located within its jurisdiction.
line 31 (iii) Notwithstanding clause (i), a local agency may not
line 32 implement standards for minimum lot size requirements for
line 33 accessory dwelling units and shall allow for the construction of
line 34 an accessory dwelling unit that complies with this section on any
line 35 lot zoned for residential use, unless the local agency makes specific
line 36 findings that the construction of the accessory dwelling unit would
line 37 adversely impact public health and safety, including fire safety.
line 38 (C) Provide that accessory dwelling units do not exceed the
line 39 allowable density for the lot upon which the accessory dwelling
line 40 unit is located, and that accessory dwelling units are a residential
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line 1 use that is consistent with the existing general plan and zoning
line 2 designation for the lot. The square footage of a proposed accessory
line 3 dwelling unit shall not be considered when calculating an allowable
line 4 floor-to-area ratio or lot coverage ratio for the lot upon which the
line 5 accessory dwelling unit is to be located.
line 6 (D) Require the accessory dwelling units to comply with all of
line 7 the following:
line 8 (i) The unit may be rented separate from the primary residence,
line 9 but may not be sold or otherwise conveyed separate from the
line 10 primary residence.
line 11 (ii) The lot includes a proposed or existing single-family
line 12 dwelling.
line 13 (iii) The accessory dwelling unit is either attached or located
line 14 within the proposed or existing living area of the proposed or
line 15 existing primary dwelling or accessory structure or detached from
line 16 the proposed or existing primary dwelling and located on the same
line 17 lot as the proposed or existing primary dwelling.
line 18 (iv) The total floor area of an attached accessory dwelling unit
line 19 shall not exceed 50 percent of the proposed or existing primary
line 20 dwelling living area or 1,200 square feet.
line 21 (v) The total floor area for a detached accessory dwelling unit
line 22 shall not exceed 1,200 square feet.
line 23 (vi) No passageway shall be required in conjunction with the
line 24 construction of an accessory dwelling unit.
line 25 (vii) No setback shall be required for an existing living area or
line 26 accessory structure that is converted to an accessory dwelling unit
line 27 or to a portion of an accessory dwelling unit, and a setback of no
line 28 more than three feet from the side and rear lot lines shall be
line 29 required for an accessory dwelling unit that is not converted from
line 30 an existing structure.
line 31 (viii) Local building code requirements that apply to detached
line 32 dwellings, as appropriate.
line 33 (ix) Approval by the local health officer where a private sewage
line 34 disposal system is being used, if required.
line 35 (x) (I) Parking requirements for accessory dwelling units shall
line 36 not exceed one parking space per unit or per bedroom, whichever
line 37 is less. These spaces may be provided as tandem parking on a
line 38 driveway.
line 39 (II) Offstreet parking shall be permitted in setback areas in
line 40 locations determined by the local agency or through tandem
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line 1 parking, unless specific findings are made that parking in setback
line 2 areas or tandem parking is not feasible based upon specific site or
line 3 regional topographical or fire and life safety conditions.
line 4 (III) This clause shall not apply to a unit that is described in
line 5 subdivision (d).
line 6 (xi) When a garage, carport, or covered parking structure is
line 7 demolished in conjunction with the construction of an accessory
line 8 dwelling unit or converted to an accessory dwelling unit, a local
line 9 agency shall not require that those offstreet parking spaces be
line 10 replaced.
line 11 (2) The ordinance shall not be considered in the application of
line 12 any local ordinance, policy, or program to limit residential growth.
line 13 (3) A permit application for an accessory dwelling unit shall be
line 14 considered and approved ministerially without discretionary review
line 15 or a hearing, notwithstanding Section 65901 or 65906 or any local
line 16 ordinance regulating the issuance of variances or special use
line 17 permits, within 60 days after receiving the application. If the local
line 18 agency has not acted upon the submitted application within 60
line 19 days, the application shall be deemed approved. A local agency
line 20 may charge a fee to reimburse it for costs that it incurs as a result
line 21 of amendments to this paragraph enacted during the 2001–02
line 22 Regular Session of the Legislature, including the costs of adopting
line 23 or amending any ordinance that provides for the creation of an
line 24 accessory dwelling unit.
line 25 (4) An existing ordinance governing the creation of an accessory
line 26 dwelling unit by a local agency or an accessory dwelling ordinance
line 27 adopted by a local agency shall provide an approval process that
line 28 includes only ministerial provisions for the approval of accessory
line 29 dwelling units and shall not include any discretionary processes,
line 30 provisions, or requirements for those units, except as otherwise
line 31 provided in this subdivision. In the event that a local agency has
line 32 an existing accessory dwelling unit ordinance that fails to meet
line 33 the requirements of this subdivision, that ordinance shall be null
line 34 and void and that agency shall thereafter apply the standards
line 35 established in this subdivision for the approval of accessory
line 36 dwelling units, unless and until the agency adopts an ordinance
line 37 that complies with this section.
line 38 (5) No other local ordinance, policy, or regulation shall be the
line 39 basis for the delay or denial of a building permit or a use permit
line 40 under this subdivision.
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line 1 (6) This subdivision establishes the maximum standards that
line 2 local agencies shall use to evaluate a proposed accessory dwelling
line 3 unit on a lot that includes a proposed or existing single-family
line 4 dwelling. No additional standards, other than those provided in
line 5 this subdivision, shall be utilized or imposed, except that a local
line 6 agency may require that the property be used for rentals of terms
line 7 longer than 30 days.
line 8 (7) A local agency may amend its zoning ordinance or general
line 9 plan to incorporate the policies, procedures, or other provisions
line 10 applicable to the creation of an accessory dwelling unit if these
line 11 provisions are consistent with the limitations of this subdivision.
line 12 (8) An accessory dwelling unit that conforms to this subdivision
line 13 shall be deemed to be an accessory use or an accessory building
line 14 and shall not be considered to exceed the allowable density for the
line 15 lot upon which it is located, and shall be deemed to be a residential
line 16 use that is consistent with the existing general plan and zoning
line 17 designations for the lot. The accessory dwelling unit shall not be
line 18 considered in the application of any local ordinance, policy, or
line 19 program to limit residential growth. The square footage of a
line 20 proposed accessory dwelling unit shall not be considered when
line 21 calculating an allowable floor-to-area ratio for the lot upon which
line 22 the accessory dwelling unit is to be located.
line 23 (b) When a local agency that has not adopted an ordinance
line 24 governing accessory dwelling units in accordance with subdivision
line 25 (a) receives an application for a permit to create an accessory
line 26 dwelling unit pursuant to this subdivision, the local agency shall
line 27 approve or disapprove the application ministerially without
line 28 discretionary review pursuant to subdivision (a) within 60 days
line 29 after receiving the application. If the local agency has not acted
line 30 upon the submitted application within 60 days from the date of
line 31 receipt, it shall be deemed approved.
line 32 (c) A local agency may establish minimum and maximum unit
line 33 size requirements for both attached and detached accessory
line 34 dwelling units. No minimum or maximum size for an accessory
line 35 dwelling unit, or size based upon a percentage of the proposed or
line 36 existing primary dwelling, shall be established by ordinance for
line 37 either attached or detached dwellings that does not permit at least
line 38 an 800-square-foot accessory dwelling unit to be constructed in
line 39 compliance with local development standards. Accessory dwelling
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line 1 units shall not be required to provide fire sprinklers if they are not
line 2 required for the primary residence.
line 3 (d) Notwithstanding any other law, a local agency, whether or
line 4 not it has adopted an ordinance governing accessory dwelling units
line 5 in accordance with subdivision (a), shall not impose parking
line 6 standards for an accessory dwelling unit in any of the following
line 7 instances:
line 8 (1) The accessory dwelling unit is located within one-half mile
line 9 of public transit.
line 10 (2) The accessory dwelling unit is located within an
line 11 architecturally and historically significant historic district.
line 12 (3) The accessory dwelling unit is part of the proposed or
line 13 existing primary residence or an accessory structure.
line 14 (4) When on-street parking permits are required but not offered
line 15 to the occupant of the accessory dwelling unit.
line 16 (5) When there is a car share vehicle located within one block
line 17 of the accessory dwelling unit.
line 18 (e) Notwithstanding subdivisions (a) to (d), inclusive, a local
line 19 agency shall ministerially approve an application for a building
line 20 permit to create one accessory dwelling unit per lot if the unit is
line 21 substantially contained within the existing space of a single-family
line 22 residence or accessory structure, has independent exterior access
line 23 from the existing residence, and the side and rear setbacks are
line 24 sufficient for fire safety. Accessory dwelling units shall not be
line 25 required to provide fire sprinklers if they are not required for the
line 26 primary residence.
line 27 (f) A city shall not require owner occupancy for either the
line 28 primary or the accessory dwelling unit. An agreement with a local
line 29 agency to maintain owner occupancy as a condition for issuance
line 30 of a building permit for an accessory dwelling unit shall be void
line 31 and unenforceable.
line 32 (g) (1) An accessory dwelling unit shall not be considered by
line 33 a local agency, special district, or water corporation to be a new
line 34 residential use for the purposes of calculating fees charged for new
line 35 development, except as provided in paragraphs (2) and (3).
line 36 (2) For an accessory dwelling unit that is not described in
line 37 subdivision (e), a local agency, special district, or water corporation
line 38 may require a new or separate utility connection directly between
line 39 the accessory dwelling unit and the utility. Consistent with Section
line 40 66013, the connection may be subject to a connection fee, capacity
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line 1 charge, or equivalent charge for new service that shall be
line 2 proportionate to the burden of the proposed accessory dwelling
line 3 unit, based upon either its size or the number of its plumbing
line 4 fixtures, upon the water or sewer system. This fee or charge shall
line 5 not exceed the reasonable cost of providing this service.
line 6 (3) Fees charged by a school district pursuant to Chapter 4.9
line 7 (commencing with Section 65995) of this code and Chapter 6
line 8 (commencing with Section 17620) of Part 10.5 of Division 1 of
line 9 Title 1 of the Education Code shall be limited to no more than
line 10 three thousand dollars ($3,000) per accessory dwelling unit.
line 11 (g) (1) Fees charged for the construction of accessory dwelling
line 12 units shall be determined in accordance with Chapter 5
line 13 (commencing with Section 66000) and Chapter 7 (commencing
line 14 with Section 66012).
line 15 (2) An accessory dwelling unit shall not be considered by a
line 16 local agency, special district, or water corporation to be a new
line 17 residential use for the purposes of calculating connection fees or
line 18 capacity charges for utilities, including water and sewer service.
line 19 (A) For an accessory dwelling unit described in subdivision (e),
line 20 a local agency, special district, or water corporation shall not
line 21 require the applicant to install a new or separate utility connection
line 22 directly between the accessory dwelling unit and the utility or
line 23 impose a related connection fee or capacity charge.
line 24 (B) For an accessory dwelling unit that is not described in
line 25 subdivision (e), a local agency, special district, or water
line 26 corporation may require a new or separate utility connection
line 27 directly between the accessory dwelling unit and the utility.
line 28 Consistent with Section 66013, the connection may be subject to
line 29 a connection fee or capacity charge that shall be proportionate to
line 30 the burden of the proposed accessory dwelling unit, based upon
line 31 either its size or the number of its plumbing fixtures, upon the
line 32 water or sewer system. This fee or charge shall not exceed the
line 33 reasonable cost of providing this service.
line 34 (h) This section does not limit the authority of local agencies
line 35 to adopt less restrictive requirements for the creation of an
line 36 accessory dwelling unit.
line 37 (i) A local agency shall submit a copy of the ordinance adopted
line 38 pursuant to subdivision (a) to the Department of Housing and
line 39 Community Development within 60 days after adoption. After
line 40 adoption of an ordinance, the department may submit written
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line 1 findings to the local agency as to whether the ordinance complies
line 2 with this section. If the department finds that the local agency’s
line 3 ordinance does not comply with this section, the department shall
line 4 notify the local agency and may notify the office of the Attorney
line 5 General that the local agency is in violation of state law. The local
line 6 agency shall consider findings made by the department and may
line 7 change the ordinance to comply with this section or adopt the
line 8 ordinance without changes. The local agency shall include findings
line 9 in its resolution adopting the ordinance that explain the reasons
line 10 the local agency believes that the ordinance complies with this
line 11 section despite the findings of the department.
line 12 (j) The department may review, adopt, amend, or repeal
line 13 guidelines to implement uniform standards or criteria that
line 14 supplement or clarify the terms, references, and standards set forth
line 15 in this section. The guidelines adopted pursuant to this subdivision
line 16 are not subject to Chapter 3.5 (commencing with Section 11340)
line 17 of Part 1 of Division 3 of Title 2.
line 18 (k) As used in this section, the following terms mean:
line 19 (1) “Accessory structure” means an existing, fixed structure,
line 20 including, but not limited to, a garage, studio, pool house, or other
line 21 similar structure.
line 22 (2) “Living area” means the interior habitable area of a dwelling
line 23 unit including basements and attics but does not include a garage
line 24 or any accessory structure.
line 25 (3) “Local agency” means a city, county, or city and county,
line 26 whether general law or chartered.
line 27 (4) “Neighborhood” has the same meaning as set forth in Section
line 28 65589.5.
line 29 (5) “Accessory dwelling unit” means an attached or a detached
line 30 residential dwelling unit which provides complete independent
line 31 living facilities for one or more persons. It shall include permanent
line 32 provisions for living, sleeping, eating, cooking, and sanitation on
line 33 the same parcel as the single-family dwelling is situated. An
line 34 accessory dwelling unit also includes the following:
line 35 (A) An efficiency unit, as defined in Section 17958.1 of the
line 36 Health and Safety Code.
line 37 (B) A manufactured home, as defined in Section 18007 of the
line 38 Health and Safety Code.
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line 1 (6) “Passageway” means a pathway that is unobstructed clear
line 2 to the sky and extends from a street to one entrance of the accessory
line 3 dwelling unit.
line 4 (7) “Public transit” means a location, including, but not limited
line 5 to, a bus stop or train station, where the public may access buses,
line 6 trains, subways, and other forms of transportation that charge set
line 7 fares, run on fixed routes, and are available to the public.
line 8 (8) “Tandem parking” means that two or more automobiles are
line 9 parked on a driveway or in any other location on a lot, lined up
line 10 behind one another.
line 11 (l) Nothing in this section shall be construed to supersede or in
line 12 any way alter or lessen the effect or application of the California
line 13 Coastal Act of 1976 (Division 20 (commencing with Section
line 14 30000) of the Public Resources Code), except that the local
line 15 government shall not be required to hold public hearings for coastal
line 16 development permit applications for accessory dwelling units.
line 17 SEC. 3. Section 65852.21 is added to the Government Code,
line 18 immediately following Section 65852.2, to read:
line 19 65852.21. (a) Notwithstanding Sections 65852.2 and 65852.22,
line 20 a local agency shall ministerially approve an application for a
line 21 building permit within a residential or mixed-use zone to create
line 22 any of the following:
line 23 (1) One accessory dwelling unit on a lot with a single-family
line 24 dwelling, if all of the following apply:
line 25 (A) The accessory dwelling unit is substantially contained within
line 26 the existing space of a single-family dwelling or accessory
line 27 structure, including, but not limited to, reconstruction of an existing
line 28 space with the same physical dimensions as the existing accessory
line 29 structure.
line 30 (B) The space has exterior access from the existing single-family
line 31 dwelling.
line 32 (C) The side and rear setbacks are sufficient for fire and safety.
line 33 (2) One junior accessory dwelling unit on a lot with a single
line 34 family dwelling, if all of the following apply:
line 35 (A) The junior accessory dwelling unit is contained within the
line 36 existing space of a single-family dwelling or accessory structure,
line 37 including, but not limited to, reconstruction of an existing space
line 38 with the same physical dimensions as the existing accessory
line 39 structure.
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line 1 (B) The space has exterior access from the existing single-family
line 2 dwelling.
line 3 (C) The side and rear setbacks are sufficient for fire and safety.
line 4 (3) Multiple accessory dwelling units within the portions of
line 5 existing multifamily dwelling structures that are not used as livable
line 6 space, including, but not limited to, storage rooms, boiler rooms,
line 7 passageways, attics, or garages, if each unit complies with state
line 8 building standards for dwellings.
line 9 (4) Not more than two accessory dwelling units that are located
line 10 on a lot that has an existing multifamily dwelling, but are detached
line 11 from that multifamily dwelling and are subject to a height limit of
line 12 16 feet and three-foot rear yard and side setbacks.
line 13 (b) Accessory dwelling units and junior accessory dwelling
line 14 units permitted pursuant to this section shall not be considered by
line 15 a local agency, special district, or water corporation to be a new
line 16 residential use for the purposes of calculating fees charged for new
line 17 development.
line 18 (c) For purposes of this section, the following terms have the
line 19 following meanings:
line 20 (1) “Junior accessory dwelling unit” has the same meaning as
line 21 set forth in Section 65852.22.
line 22 (2) “Accessory dwelling unit” has the same meaning as set forth
line 23 in Section 65852.2.
line 24 (3) “Accessory structure” has the same meaning as set forth in
line 25 Section 65852.2.
line 26 (4) “Local agency” means a city, county, or city and county,
line 27 whether general law or chartered.
line 28 SEC. 4. Section 65852.23 is added to the Government Code,
line 29 immediately following Section 65852.22, to read:
line 30 65852.23. (a) As used in this section, the following definitions
line 31 apply:
line 32 (1) “Accessory dwelling unit” is defined as in Section 65852.2.
line 33 (2) “Building code” means the California Building Standards
line 34 Code or that code as modified by a local agency.
line 35 (3) “Local agency” is defined as in Section 65852.2.
line 36 (b) When a local building official finds that a substandard
line 37 accessory dwelling unit poses an imminent risk to the health and
line 38 safety of the residents of the accessory dwelling unit, the local
line 39 building official shall, upon request of the owner of the accessory
line 40 dwelling unit and subject to the conditions set forth in this section,
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line 1 approve a delay of not less than 10 years of the enforcement of
line 2 any building code requirement that, in the judgment of the building
line 3 official, is not necessary to protect public health and safety.
line 4 (c) An owner of an accessory dwelling unit shall be eligible for
line 5 the delay specified in subdivision (b) only if the owner has not
line 6 received a notice or order to abate.
line 7 (d) In granting a delay pursuant to subdivision (b), a building
line 8 official shall consult with the applicable fire and code enforcement
line 9 officials regardless of whether those officials are organized in a
line 10 different department or a separate agency from the building official.
line 11 (e) A local building official shall not approve a delay pursuant
line 12 to subdivision (b) on or after January 1, 2029. A delay approved
line 13 before January 1, 2029, shall remain in force for the full term of
line 14 the delay after January 1, 2029.
line 15 (f) This section shall remain in effect only until January 1, 2039,
line 16 and as of that date is repealed.
line 17 SEC. 5. No reimbursement is required by this act pursuant to
line 18 Section 6 of Article XIIIB of the California Constitution because
line 19 a local agency or school district has the authority to levy service
line 20 charges, fees, or assessments sufficient to pay for the program or
line 21 level of service mandated by this act, within the meaning of Section
line 22 17556 of the Government Code.
O
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From:Jeff Kiernan
To:Jeff Kiernan
Subject:Housing Bill Action Alert
Date:Monday, June 25, 2018 4:16:41 PM
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Good Afternoon Mayors, Council Members & City Managers,
The League is opposing three housing bills that will be heard this Wednesday in the Assembly Local
Government committee. Please take a look at the action alert below and consider placing a call into
your legislator, especially if you are represented by Assembly Member Bloom who sits on this
committee.
Please let me know if you have any questions,
Jeff
ACTION ALERT!
Oppose Three Bills That Would Undermine Local Land Use Authority
Background:
The Assembly Committee on Local Government will meet on Wednesday, June 27th at 1:30pm to
vote on three key Senate bills. These measures not only seek to limit local land use authority, but
also change the rules again while cities are actively implementing last year’s 15 bill “housing
package.”
· SB 765 (Wiener) Planning and Zoning: Streamlined Approval Process
This measure makes a number of changes to the streamlining approval process as mandated
by SB 35 (Wiener), Chapter 366, Statutes of 2017. Most notably, this measure expands the
by-right approval process to include housing projects that contain 50% or more units
affordable to households making below 120% of area median income. Additionally, SB 765
requires the nonresidential portion of a mixed-use project to be subject to the streamlined
and ministerial approval process.
· SB 828 (Wiener) Regional Housing Needs Allocation (RHNA)
This measure requires a local jurisdiction to plan and accommodate 125% of RHNA. Local
jurisdictions must identify 25% more sites suitable for housing development in their Housing
Element. Additionally, SB 828 adds criteria to the methodology for the comprehensive
assessment for unmet housing need. This measure also contains language that suggests
that the housing need projection is a housing production mandate.
· SB 831 (Wieckowski) Accessory Dwelling Units (ADU)
This measure requires ministerial approval of ADUs on any lot that allows for the
construction of a home. Local agencies must act within 60 days of submitted application or
the application is deemed approved. Additionally, SB 831 prohibits minimum lot size
requirements unless specific findings are made that identify adverse public safety impacts.
ACTION
G-1
The Assembly Committee on Local Government will hear SB 765, SB 828, and SB 831 on
Wednesday, June 27th at 1:30 pm!
It is critical that cities take action and oppose SB 765, 828, and SB 831.
It would be helpful for cities to do the following:
1) Call the members of the Assembly Committee on Local Government (see list below and
talking points)
2) Call your legislator (talking points below)
Assembly Committee on Local Government Members
Asm. Cecilia Aguiar-Curry (916) 319-2004
Asm. Marie Waldron (916) 319-2075
Asm. Richard Bloom (916) 319-2050
Asm. Anna Caballero (916) 319-2030
Asm. Jesse Gabriel (916) 319-2045
Asm. Timothy Grayson (916) 319-2014
Asm. Tom Lackey (916) 319-2036
Asm. Luz Rivas (916) 319-2039
Asm. Randy Voepel (916) 319-2071
Your legislators’ contact information can be found here: http://findyourrep.legislature.ca.gov/.
Talking Points:
SB 765 (Wiener) Planning and Zoning: Streamlined Approval Process
· Contrary to how it is being presented, SB 765 is not a cleanup bill.
· SB 765 expands SB 35 streamlining even though the law has only been on the books for six
months. There is no need to change the law before we know if it even works.
· Cities need time to implement the 15 bill “housing package” that passed last year.
· Changing the rules of the game again, will not lead to more housing production.
SB 828 (Wiener) Regional Housing Needs Allocation (RHNA)
· A city’s RHNA is the correct number or not. SB 828 arbitrarily inflates that allocation by 25%
and requires all cities to identify 125% of their RHNA.
· It will be very difficult for cities to identify enough adequate sites to fulfill the 125%
requirement.
· Changes to the site identification process that occurred last year, now requires a new
analysis demonstrating that a site is adequate. Cities with little vacant land will struggle to
find sites that satisfy the new law.
· RHNA is a planning and zoning process NOT a housing production mandate. Cities don’t
build homes.
SB 831 (Wieckowski) Accessory Dwelling Units (ADU)
· Enough with ADU bills. This is the third year in a row for comprehensive changes to ADU
law.
· Cities need time to update their ordinances just to comply with the bills from last year.
· SB 831 precludes lot size minimums even for legitimate reasons.
· Allows an ADU or ADU conversion on any residential or mixed use parcel, with limited ability
to regulate for health and safety reasons.
· Under this bill, cities would be prohibited from requiring an owner to occupy one of the
dwellings. This would allow investors to buy numerous properties and add multiple ADUs to
each, and rent all of the units. This is much different than a “granny flat” or “in-law
quarters” located in someone’s backyard.
____________
Jeffrey Kiernan
Regional Public Affairs Manager
®
G-2
League of California Cities
8581 Santa Monica Blvd. #325
West Hollywood, CA 90069
Cell: (310) 630-7505
Strengthening California Cities
Through Advocacy & Education
G-3