SB 35: Planning and zoning: affordable housing: streamlined approval process.
- Session Year: 2017-2018
- House: Senate
- Latest Version Date: 2017-09-29
(1)The Planning and Zoning Law requires a city or county to adopt a general plan for land use development within its boundaries that includes, among other things, a housing element. The Planning and Zoning Law requires a planning agency, after a legislative body has adopted all or part of a general plan, to provide an annual report to the legislative body, the Office of Planning and Research, and the Department of Housing and Community Development on the status of the general plan and progress in meeting the communitys share of regional housing needs. Existing law requires the housing element portion of the annual report to be prepared through the use of forms and definitions adopted by the department pursuant to the Administrative Procedure Act.
This bill would require the housing element portion of the annual report to be prepared through the use of standards, forms, and definitions adopted by the department. The bill would eliminate the requirement that the forms and definitions be adopted by the department pursuant to the Administrative Procedure Act and would instead authorize the department to review, adopt, amend, and repeal the standards, forms, or definitions, as provided. The bill would also require the planning agency to include in its annual report specified information regarding units of net new housing, including rental housing and for-sale housing that have been issued a completed entitlement, building permit, or certificate of occupancy. The bill would also require the Department of Housing and Community Development to post an annual report submitted pursuant to the requirement described above on its Internet Web site, as provided.
(2)Existing law requires an attached housing development to be a permitted use, not subject to a conditional use permit, on any parcel zoned for multifamily housing if at least certain percentages of the units are available at affordable housing costs to very low income, lower income, and moderate-income households for at least 30 years and if the project meets specified conditions relating to location and being subject to a discretionary decision other than a conditional use permit. Existing law provides for various incentives intended to facilitate and expedite the construction of affordable housing.
This bill would authorize a development proponent to submit an application for a multifamily housing development, which satisfies specified planning objective standards, that is subject to a streamlined, ministerial approval process, as provided, and not subject to a conditional use permit. The bill would require a local government to notify the development proponent in writing if the local government determines that the development conflicts with any of those objective standards by a specified time; otherwise, the development is deemed to comply with those standards. The bill would limit the authority of a local government to impose parking standards or requirements on a streamlined development approved pursuant to these provisions, as provided. The bill would provide that if a local government approves a project pursuant to that process, that approval will not expire if that project includes investment in housing affordability, and would otherwise provide that the approval of a project expire automatically after 3 years, unless that project qualifies for a one-time, one-year extension of that approval. The bill would provide that approval pursuant to its provisions would remain valid for three years and remain valid thereafter so long as vertical construction of the development has begun and is in progress, and would authorize a discretionary one-year extension, as provided. The bill would prohibit a local government from adopting any requirement that applies to a project solely or partially on the basis that the project receives ministerial or streamlined approval pursuant to these provisions. The bill would repeal these provisions as of January 1, 2026.
(3)The bill would make findings that ensuring access to affordable housing is a matter of statewide concern and declare that its provisions would apply to all cities and counties, including a charter city, a charter county, or a charter city and county.
(4)By imposing new duties upon local agencies with respect to the streamlined approval process and reporting requirement described above, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
(5)This bill would incorporate additional changes to Section 65400 of the Government Code proposed by AB 879 to be operative only if this bill and AB 879 are enacted and this bill is enacted last.
This bill would incorporate additional changes to Section 65582.1 of the Government Code proposed by AB 73 to be operative only if this bill and AB 73 are enacted and this bill is enacted last.
(1)The Planning and Zoning Law requires a city or county to adopt a general plan for land use development within its boundaries that includes, among other things, a housing element. The Planning and Zoning Law requires a planning agency, after a legislative body has adopted all or part of a general plan, to provide an annual report to the legislative body, the Office of Planning and Research, and the Department of Housing and Community Development on the status of the general plan and progress in meeting the communitys share of regional housing needs. Existing law requires the housing element portion of the annual report to be prepared through the use of forms and definitions adopted by the department pursuant to the Administrative Procedure Act.
This bill would require the housing element portion of the annual report to be prepared through the use of standards, forms, and definitions adopted by the department. The bill would eliminate the requirement that the forms and definitions be adopted by the department pursuant to the Administrative Procedure Act and would instead authorize the department to review, adopt, amend, and repeal the standards, forms, or definitions, as provided. The bill would also require the planning agency to include in its annual report specified information regarding units of net new housing, including rental housing and for-sale housing that have been issued a completed entitlement, building permit, or certificate of occupancy. The bill would also require the Department of Housing and Community Development to post an annual report submitted pursuant to the requirement described above on its Internet Web site, as provided.
(2)Existing law requires an attached housing development to be a permitted use, not subject to a conditional use permit, on any parcel zoned for multifamily housing if at least certain percentages of the units are available at affordable housing costs to very low income, lower income, and moderate-income households for at least 30 years and if the project meets specified conditions relating to location and being subject to a discretionary decision other than a conditional use permit. Existing law provides for various incentives intended to facilitate and expedite the construction of affordable housing.
This bill would authorize a development proponent to submit an application for a multifamily housing development, which satisfies specified planning objective standards, that is subject to a streamlined, ministerial approval process, as provided, and not subject to a conditional use permit. The bill would require a local government to notify the development proponent in writing if the local government determines that the development conflicts with any of those objective standards by a specified time; otherwise, the development is deemed to comply with those standards. The bill would limit the authority of a local government to impose parking standards or requirements on a streamlined development approved pursuant to these provisions, as provided. The bill would provide that if a local government approves a project pursuant to that process, that approval will not expire if that project includes investment in housing affordability, and would otherwise provide that the approval of a project expire automatically after 3 years, unless that project qualifies for a one-time, one-year extension of that approval. The bill would provide that approval pursuant to its provisions would remain valid for three years and remain valid thereafter so long as vertical construction of the development has begun and is in progress, and would authorize a discretionary one-year extension, as provided. The bill would prohibit a local government from adopting any requirement that applies to a project solely or partially on the basis that the project receives ministerial or streamlined approval pursuant to these provisions. The bill would repeal these provisions as of January 1, 2026.
(3)The bill would make findings that ensuring access to affordable housing is a matter of statewide concern and declare that its provisions would apply to all cities and counties, including a charter city, a charter county, or a charter city and county.
(4)By imposing new duties upon local agencies with respect to the streamlined approval process and reporting requirement described above, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
(5)This bill would incorporate additional changes to Section 65400 of the Government Code proposed by AB 879 to be operative only if this bill and AB 879 are enacted and this bill is enacted last.
This bill would incorporate additional changes to Section 65582.1 of the Government Code proposed by AB 73 to be operative only if this bill and AB 73 are enacted and this bill is enacted last.
(1)The Planning and Zoning Law requires a city or county to adopt a general plan for land use development within its boundaries that includes, among other things, a housing element. The Planning and Zoning Law requires a planning agency, after a legislative body has adopted all or part of a general plan, to provide an annual report to the legislative body, the Office of Planning and Research, and the Department of Housing and Community Development on the status of the general plan and progress in meeting the communitys share of regional housing needs. Existing law requires the housing element portion of the annual report to be prepared through the use of forms and definitions adopted by the department pursuant to the Administrative Procedure Act.
This bill would require the housing element portion of the annual report to be prepared through the use of standards, forms, and definitions adopted by the department. The bill would eliminate the requirement that the forms and definitions be adopted by the department pursuant to the Administrative Procedure Act and would instead authorize the department to review, adopt, amend, and repeal the standards, forms, or definitions, as provided. The bill would also require the planning agency to include in its annual report specified information regarding units of net new housing, including rental housing and for-sale housing that have been issued a completed entitlement, building permit, or certificate of occupancy. The bill would also require the Department of Housing and Community Development to post an annual report submitted pursuant to the requirement described above on its Internet Web site, as provided.
(2)Existing law requires an attached housing development to be a permitted use, not subject to a conditional use permit, on any parcel zoned for multifamily housing if at least certain percentages of the units are available at affordable housing costs to very low income, lower income, and moderate-income households for at least 30 years and if the project meets specified conditions relating to location and being subject to a discretionary decision other than a conditional use permit. Existing law provides for various incentives intended to facilitate and expedite the construction of affordable housing.
This bill would authorize a development proponent to submit an application for a multifamily housing development, which satisfies specified planning objective standards, that is subject to a streamlined, ministerial approval process, as provided, and not subject to a conditional use permit. The bill would require a local government to notify the development proponent in writing if the local government determines that the development conflicts with any of those objective standards by a specified time; otherwise, the development is deemed to comply with those standards. The bill would limit the authority of a local government to impose parking standards or requirements on a streamlined development approved pursuant to these provisions, as provided. The bill would provide that if a local government approves a project pursuant to that process, that approval will not expire if that project includes investment in housing affordability, and would otherwise provide that the approval of a project expire automatically after 3 years, unless that project qualifies for a one-time, one-year extension of that approval. The bill would provide that approval pursuant to its provisions would remain valid for three years and remain valid thereafter so long as vertical construction of the development has begun and is in progress, and would authorize a discretionary one-year extension, as provided. The bill would prohibit a local government from adopting any requirement that applies to a project solely or partially on the basis that the project receives ministerial or streamlined approval pursuant to these provisions. The bill would repeal these provisions as of January 1, 2026.
(3)The bill would make findings that ensuring access to affordable housing is a matter of statewide concern and declare that its provisions would apply to all cities and counties, including a charter city, a charter county, or a charter city and county.
(4)By imposing new duties upon local agencies with respect to the streamlined approval process and reporting requirement described above, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
(5)This bill would incorporate additional changes to Section 65400 of the Government Code proposed by AB 879 to be operative only if this bill and AB 879 are enacted and this bill is enacted last.
This bill would incorporate additional changes to Section 65582.1 of the Government Code proposed by AB 73 to be operative only if this bill and AB 73 are enacted and this bill is enacted last.
(1)The Planning and Zoning Law requires a city or county to adopt a general plan for land use development within its boundaries that includes, among other things, a housing element. The Planning and Zoning Law requires a planning agency, after a legislative body has adopted all or part of a general plan, to provide an annual report to the legislative body, the Office of Planning and Research, and the Department of Housing and Community Development on the status of the general plan and progress in meeting the communitys share of regional housing needs. Existing law requires the housing element portion of the annual report to be prepared through the use of forms and definitions adopted by the department pursuant to the Administrative Procedure Act.
This bill would require the housing element portion of the annual report to be prepared through the use of standards, forms, and definitions adopted by the department. The bill would eliminate the requirement that the forms and definitions be adopted by the department pursuant to the Administrative Procedure Act and would instead authorize the department to review, adopt, amend, and repeal the standards, forms, or definitions, as provided. The bill would also require the planning agency to include in its annual report specified information regarding units of net new housing, including rental housing and for-sale housing that have been issued a completed entitlement, building permit, or certificate of occupancy. The bill would also require the Department of Housing and Community Development to post an annual report submitted pursuant to the requirement described above on its Internet Web site, as provided.
(2)Existing law requires an attached housing development to be a permitted use, not subject to a conditional use permit, on any parcel zoned for multifamily housing if at least certain percentages of the units are available at affordable housing costs to very low income, lower income, and moderate-income households for at least 30 years and if the project meets specified conditions relating to location and being subject to a discretionary decision other than a conditional use permit. Existing law provides for various incentives intended to facilitate and expedite the construction of affordable housing.
This bill would authorize a development proponent to submit an application for a multifamily housing development development, which satisfies specified planning objective standards, that is subject to a streamlined, ministerial approval process, as provided, and not subject to a conditional use permit. The bill would require a local government to notify the development proponent in writing if the local government determines that the development conflicts with any of those objective standards by a specified time; otherwise, the development is deemed to comply with those standards. The bill would limit the authority of a local government to impose parking standards or requirements on a streamlined development approved pursuant to these provisions, as provided. The bill would provide that if a local government approves a project pursuant to that process, that approval will not expire if that project includes investment in housing affordability, and would otherwise provide that the approval of a project expire automatically after 3 years, unless that project qualifies for a one-time, one-year extension of that approval. The bill would provide that approval pursuant to its provisions would remain valid for three years and remain valid thereafter so long as vertical construction of the development has begun and is in progress, and would authorize a discretionary one-year extension, as provided. The bill would prohibit a local government from adopting any requirement that applies to a project solely or partially on the basis that the project receives ministerial or streamlined approval pursuant to these provisions. The bill would repeal these provisions as of January 1, 2026.
(3)The bill would make findings that ensuring access to affordable housing is a matter of statewide concern and declare that its provisions would apply to all cities and counties, including a charter city, a charter county, or a charter city and county.
(4)By imposing new duties upon local agencies with respect to the streamlined approval process and reporting requirement described above, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
(5)This bill would incorporate additional changes to Section 65400 of the Government Code proposed by AB 879 to be operative only if this bill and AB 879 are enacted and this bill is enacted last.
This bill would incorporate additional changes to Section 65582.1 of the Government Code proposed by AB 73 to be operative only if this bill and AB 73 are enacted and this bill is enacted last.
(1)The Planning and Zoning Law requires a city or county to adopt a general plan for land use development within its boundaries that includes, among other things, a housing element. The Planning and Zoning Law requires a planning agency, after a legislative body has adopted all or part of a general plan, to provide an annual report to the legislative body, the Office of Planning and Research, and the Department of Housing and Community Development on the status of the general plan and progress in meeting the communitys share of regional housing needs. Existing law requires the housing element portion of the annual report to be prepared through the use of forms and definitions adopted by the department pursuant to the Administrative Procedure Act.
This bill would require the housing element portion of the annual report to be prepared through the use of standards, forms, and definitions adopted by the department. The bill would eliminate the requirement that the forms and definitions be adopted by the department pursuant to the Administrative Procedure Act and would instead authorize the department to review, adopt, amend, and repeal the standards, forms, or definitions, as provided. The bill would also require the planning agency to include in its annual report specified information regarding units of net new housing, including rental housing and housing designated for home ownership, for-sale housing that have been issued an a completed entitlement, building permit, or certificate of occupancy. The bill would also require the Department of Housing and Community Development to post an annual report submitted pursuant to the requirement described above on its Internet Web site, as provided.
(2)Existing law requires an attached housing development to be a permitted use, not subject to a conditional use permit, on any parcel zoned for multifamily housing if at least certain percentages of the units are available at affordable housing costs to very low income, lower income, and moderate-income households for at least 30 years and if the project meets specified conditions relating to location and being subject to a discretionary decision other than a conditional use permit. Existing law provides for various incentives intended to facilitate and expedite the construction of affordable housing.
This bill would authorize a development proponent to submit an application for a multifamily housing development that which satisfies specified planning objective standards standards, is subject to a streamlined, ministerial approval process, as provided, and not be subject to a conditional use permit. The bill would require a local government to notify the development proponent in writing if the local government determines that the development conflicts with any of those objective standards by a specified time; otherwise, the development is deemed to comply with those standards. The bill would limit the authority of a local government to impose parking standards or requirements on a streamlined development approved pursuant to these provisions, as provided. The bill would provide that if a local government approves a project pursuant to that process, that approval will not expire if that project includes investment in housing affordability, and would otherwise provide that the approval of a project expire automatically after 3 years, unless that project qualifies for a one-time, one-year extension of that approval. The bill would provide that approval pursuant to its provisions would remain valid for three years and remain valid thereafter so long as vertical construction of the development has begun and is in progress, and would authorize a discretionary one-year extension, as provided. The bill would prohibit a local government from adopting any requirement that applies to a project solely or partially on the basis that the project receives ministerial or streamlined approval pursuant to these provisions. The bill would repeal these provisions as of January 1, 2026.
(3)The bill would make findings that ensuring access to affordable housing is a matter of statewide concern and declare that its provisions would apply to all cities and counties, including a charter city, a charter county, or a charter city and county.
(4)By imposing new duties upon local agencies with respect to the streamlined approval process and reporting requirement described above, this bill would impose a state-mandated local program.
(5)TheThe 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.
(5)This bill would incorporate additional changes to Section 65400 of the Government Code proposed by AB 879 to be operative only if this bill and AB 879 are enacted and this bill is enacted last.
This bill would incorporate additional changes to Section 65582.1 of the Government Code proposed by AB 73 to be operative only if this bill and AB 73 are enacted and this bill is enacted last.
(1)The Planning and Zoning Law requires a city or county to adopt a general plan for land use development within its boundaries that includes, among other things, a housing element. The Planning and Zoning Law requires a planning agency, after a legislative body has adopted all or part of a general plan, to provide an annual report to the legislative body, the Office of Planning and Research, and the Department of Housing and Community Development on the status of the general plan and progress in meeting the communitys share of regional housing needs.
This bill would require the planning agency to include in its annual report specified information regarding units of net new housing, including rental housing and housing designated for home ownership, that have been issued an entitlement, building permit, or certificate of occupancy. The bill would also require the Department of Housing and Community Development to post an annual report submitted pursuant to the requirement described above on its Internet Web site, as provided.
(2)Existing law requires an attached housing development to be a permitted use, not subject to a conditional use permit, on any parcel zoned for multifamily housing if at least certain percentages of the units are available at affordable housing costs to very low income, lower income, and moderate-income households for at least 30 years and if the project meets specified conditions relating to location and being subject to a discretionary decision other than a conditional use permit. Existing law provides for various incentives intended to facilitate and expedite the construction of affordable housing.
This bill would authorize a development proponent to submit an application for a multifamily housing development that satisfies specified planning objective standards is subject to a streamlined, ministerial approval process, as provided, and not be subject to a conditional use permit. The bill would require a local government to notify the development proponent in writing if the local government determines that the development conflicts with any of those objective standards by a specified time; otherwise, the development is deemed to comply with those standards. The bill would limit the authority of a local government to impose parking standards or requirements on a streamlined development approved pursuant to these provisions, as provided. The bill would provide that if a local government approves a project pursuant to that process, that approval will not expire if that project includes investment in housing affordability, and would otherwise provide that the approval of a project expire automatically after 3 years, unless that project qualifies for a one-time, one-year extension of that approval. The bill would prohibit a local government from adopting any requirement that applies to a project solely or partially on the basis that the project receives ministerial or streamlined approval pursuant to these provisions.
(3)The bill would make findings that ensuring access to affordable housing is a matter of statewide concern and declare that its provisions would apply to all cities and counties, including a charter city, a charter county, or a charter city and county.
(4)By imposing new duties upon local agencies with respect to the streamlined approval process and reporting requirement described above, this bill would impose a state-mandated local program.
(5)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.
(1)The Planning and Zoning Law requires a city or county to adopt a general plan for land use development within its boundaries that includes, among other things, a housing element. The Planning and Zoning Law requires a planning agency, after a legislative body has adopted all or part of a general plan, to provide an annual report to the legislative body, the Office of Planning and Research, and the Department of Housing and Community Development on the status of the general plan and progress in meeting the communitys share of regional housing needs.
This bill would require the planning agency to include in its annual report specified information regarding units of net new housing, including rental housing and housing designated for home ownership, that have been issued an entitlement, building permit, or certificate of occupancy. The bill would also require the Department of Housing and Community Development to post an annual report submitted pursuant to the requirement described above on its Internet Web site, as provided.
(2)Existing law requires an attached housing development to be a permitted use, not subject to a conditional use permit, on any parcel zoned for multifamily housing if at least certain percentages of the units are available at affordable housing costs to very low income, lower income, and moderate-income households for at least 30 years and if the project meets specified conditions relating to location and being subject to a discretionary decision other than a conditional use permit. Existing law provides for various incentives intended to facilitate and expedite the construction of affordable housing.
This bill would require authorize a development proponent to submit an application for a multifamily housing development that satisfies specified planning objective standards to be is subject to a streamlined, ministerial approval process, as provided, and to not be subject to a conditional use permit. The bill would require a local government to notify the development proponent in writing if the local government determines that the development conflicts with any of those objective standards by a specified time; otherwise, the development is deemed to comply with those standards. The bill would limit the authority of a local government to impose parking standards or requirements on a streamlined development approved pursuant to these provisions, as provided. The bill would provide that if a local government approves a project pursuant to that process, that approval will not expire if that project includes investment in housing affordability, and would otherwise provide that the approval of a project expire automatically after 3 years, unless that project qualifies for a one-time, one-year extension of that approval. The bill would prohibit a local government from adopting any requirement that applies to a project solely or partially on the basis that the project receives ministerial or streamlined approval pursuant to these provisions.
(3)The bill would make findings that ensuring access to affordable housing is a matter of statewide concern and declare that its provisions would apply to all cities and counties, including a charter city, a charter county, or a charter city and county.
(4)By imposing new duties upon local agencies with respect to the streamlined approval process and reporting requirement described above, this bill would impose a state-mandated local program.
(5)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.
(1)The Planning and Zoning Law requires a city or county to adopt a general plan for land use development within its boundaries that includes, among other things, a housing element. The Planning and Zoning Law requires a planning agency, after a legislative body has adopted all or part of a general plan, to provide an annual report to the legislative body, the Office of Planning and Research, and the Department of Housing and Community Development on the status of the general plan and progress in meeting the communitys share of regional housing needs.
This bill would require the planning agency to include in its annual report specified information regarding units of net new housing, including rental housing and housing designated for homeownership, home ownership, that have secured all approvals from the local government and special districts needed to qualify for a building permit. been issued an entitlement, building permit, or certificate of occupancy. The bill would also require the Department of Housing and Community Development to post an annual report submitted pursuant to the requirement described above on its Internet Web site, as provided.
(2)Existing law requires an attached housing development to be a permitted use, not subject to a conditional use permit, on any parcel zoned for multifamily housing if at least certain percentages of the units are available at affordable housing costs to very low income, lower income, and moderate-income households for at least 30 years and if the project meets specified conditions relating to location and being subject to a discretionary decision other than a conditional use permit. Existing law provides for various incentives intended to facilitate and expedite the construction of affordable housing.
This bill would require a multifamily housing development that satisfies specified planning objective standards to be subject to a streamlined, ministerial approval process, as provided, and to not be subject to a conditional use permit. The bill would limit the authority of a local government to impose parking standards or requirements on a streamlined development approved pursuant to these provisions, as provided. The bill would provide that if a local government approves a project pursuant to that process, that approval will not expire if that project includes investment in housing affordability, and would otherwise provide that the approval of a project expire automatically after 3 years, unless that project qualifies for a one-time, one-year extension of that approval. The bill would prohibit a local government from adopting any requirement that applies to a project solely or partially on the basis that the project receives ministerial or streamlined approval pursuant to these provisions.
(3)The bill would make findings that ensuring access to affordable housing is a matter of statewide concern and declare that its provisions would apply to all cities and counties, including a charter city, a charter county, or a charter city and county.
(4)By imposing new duties upon local agencies with respect to the streamlined approval process and reporting requirement described above, this bill would impose a state-mandated local program.
(5)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.
(1)The Planning and Zoning Law requires a city or county to adopt a general plan for land use development within its boundaries that includes, among other things, a housing element. The Planning and Zoning Law requires a planning agency, after a legislative body has adopted all or part of a general plan, to provide an annual report to the legislative body, the Office of Planning and Research, and the Department of Housing and Community Development on the status of the general plan and progress in meeting the communitys share of regional housing needs.
This bill would require the planning agency to include in its annual report specified information regarding units of housing, including rental housing and housing designated for homeownership, that have completed construction. secured all approvals from the local government and special districts needed to qualify for a building permit. The bill would also require the Department of Housing and Community Development to post an annual report submitted pursuant to the requirement described above on its Internet Web site, as provided.
(2)Existing law requires an attached housing development to be a permitted use, not subject to a conditional use permit, on any parcel zoned for multifamily housing if at least certain percentages of the units are available at affordable housing costs to very low income, lower income, and moderate-income households for at least 30 years and if the project meets specified conditions relating to location and being subject to a discretionary decision other than a conditional use permit. Existing law provides for various incentives intended to facilitate and expedite the construction of affordable housing.
This bill would require an accessory dwelling unit development or a multifamily housing development that satisfies specified planning objective standards to be subject to a streamlined, ministerial approval process, as provided, and to not be subject to a conditional use permit. The bill would limit the authority of a local government to impose parking standards or requirements on a streamlined development approved pursuant to these provisions, as provided. The bill would provide that if a local government approves a project pursuant to that process, that approval will not expire if that project includes investment in housing affordability, and would otherwise provide that the approval of a project expire automatically after 3 years, unless that project qualifies for a one-time, one-year extension of that approval.
(3)The bill would make findings that ensuring access to affordable housing is a matter of statewide concern and declare that its provisions would apply to all cities and counties, including a charter city, a charter county, or a charter city and county.
(4)By imposing new duties upon local agencies with respect to the streamlined approval process and reporting requirement described above, this bill would impose a state-mandated local program.
(5)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.
(1)The Planning and Zoning Law requires a city or county to adopt a general plan for land use development within its boundaries that includes, among other things, a housing element. The Planning and Zoning Law requires a planning agency, after a legislative body has adopted all or part of a general plan, to provide an annual report to the legislative body, the Office of Planning and Research, and the Department of Housing and Community Development on the status of the general plan and progress in meeting the communitys share of regional housing needs.
This bill would require the planning agency to include in its annual report specified information regarding units of housing housing, including rental housing and housing designated for homeownership, that have completed construction. The bill would also require the Department of Housing and Community Development to post an annual report submitted pursuant to the requirement described above on its Internet Web site, as provided.
(2)Existing law requires an attached housing development to be a permitted use, not subject to a conditional use permit, on any parcel zoned for multifamily housing if at least certain percentages of the units are available at affordable housing costs to very low income, lower income, and moderate-income households for at least 30 years and if the project meets specified conditions relating to location and being subject to a discretionary decision other than a conditional use permit. Existing law provides for various incentives intended to facilitate and expedite the construction of affordable housing.
This bill would require an accessory dwelling unit development or a multifamily housing development that satisfies specified planning objective standards to be subject to a streamlined, ministerial approval process, as provided, and to not be subject to a conditional use permit. The bill would limit the authority of a local government to impose parking standards or requirements on a streamlined development approved pursuant to these provisions, as provided. The bill would provide that if a local government approves a project pursuant to that process, that approval will not expire if that project includes investment in housing affordability, and would otherwise provide that the approval of a project expire automatically after 3 years, unless that project qualifies for a one-time, one-year extension of that approval.
(3)The bill would make findings that ensuring access to affordable housing is a matter of statewide concern and declare that its provisions would apply to all cities and counties, including a charter city, a charter county, or a charter city and county.
(4)By imposing new duties upon local agencies with respect to the streamlined approval process and reporting requirement described above, this bill would impose a state-mandated local program.
(5)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.
(1)The Planning and Zoning Law requires a city or county to adopt a general plan for land use development within its boundaries that includes, among other things, a housing element. The Planning and Zoning Law requires a planning agency, after a legislative body has adopted all or part of a general plan, to provide an annual report to the legislative body, the Office of Planning and Research, and the Department of Housing and Community Development on the status of the general plan and progress in meeting the communitys share of regional housing needs.
This bill would require the planning agency to include in its annual report specified information regarding units of housing that have completed construction. The bill would also require the Department of Housing and Community Development to post an annual report submitted pursuant to the requirement described above on its Internet Web site, as provided.
Existing(2)Existing law requires an attached housing development to be a permitted use, not subject to a conditional use permit, on any parcel zoned for multifamily housing if at least certain percentages of the units are available at affordable housing costs to very low income, lower income, and moderate-income households for at least 30 years and if the project meets specified conditions relating to location and being subject to a discretionary decision other than a conditional use permit. Existing law provides for various incentives intended to facilitate and expedite the construction of affordable housing.
This bill would require an accessory dwelling unit development or a multifamily housing development that satisfies specified planning objective standards to be subject to a streamlined, ministerial approval process, as provided, and to not be subject to a conditional use permit. The bill would provide that if a local government approves a project pursuant to that process, that approval will not expire if that project includes investment in housing affordability, and would otherwise provide that the approval of a project expire automatically after 3 years, unless that project qualifies for a one-time, one-year extension of that approval.
The Planning and Zoning Law requires a city or county to adopt a general plan for land use development within its boundaries that includes, among other things, a housing element. Existing law provides for various incentives intended to facilitate and expedite the construction of affordable housing. Existing law requires the Department of Housing and Community Development to determine existing and projected needs for housing for each region and, in consultation with each council of governments, adopt a final regional housing plan that allocates a share of the regional housing need to each city, county, or city and county that meets specified requirements.This bill would require a city, including a charter city, and a county or city and county, including a charter city and county, to submit a report to the Department of Housing and Community Development that includes specified information regarding units of housing that have completed construction and would require the department to post the information contained in the report on its Internet Web site, as provided.(3)The bill would make findings that ensuring access to affordable housing is a matter of statewide concern and declare that its provisions would apply to all cities and counties, including a charter city, a charter county, or a charter city and county.
By(4)By imposing new duties upon local agencies with respect to the streamlined approval process and reporting requirement described above, this bill would impose a state-mandated local program.
The(5)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.
Existing law requires an attached housing development to be a permitted use, not subject to a conditional use permit, on any parcel zoned for multifamily housing if at least certain percentages of the units are available at affordable housing costs to very low income, lower income, and moderate-income households for at least 30 years and if the project meets specified conditions relating to location and being subject to a discretionary decision other than a conditional use permit.
This bill would require an accessory dwelling unit development or a multifamily housing development that satisfies specified planning objective standards to be subject to a streamlined, ministerial approval process, as provided, and to not be subject to a conditional use permit.
The Planning and Zoning Law requires a city or county to adopt a general plan for land use development within its boundaries that includes, among other things, a housing element. Existing law provides for various incentives intended to facilitate and expedite the construction of affordable housing. Existing law requires the Department of Housing and Community Development to determine existing and projected needs for housing for each region and, in consultation with each council of governments, adopt a final regional housing plan that allocates a share of the regional housing need to each city, county, or city and county that meets specified requirements.
This bill would state the intent of the Legislature to enact legislation to streamline, incentivize, and remove local barriers to housing creation, as specified. require a city, including a charter city, and a county or city and county, including a charter city and county, to submit a report to the Department of Housing and Community Development that includes specified information regarding units of housing that have completed construction and would require the department to post the information contained in the report on its Internet Web site, as provided.
By imposing new duties upon local agencies with respect to the streamlined approval process and reporting requirement described above, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
The Planning and Zoning Law requires a city or county to adopt a general plan for land use development within its boundaries that includes, among other things, a housing element. Existing law provides for various incentives intended to facilitate and expedite the construction of affordable housing. Existing law requires the Department of Housing and Community Development to determine existing and projected needs for housing for each region and, in consultation with each council of governments, adopt a final regional housing plan that allocates a share of the regional housing need to each city, county, or city and county that meets specified requirements.
This bill would state the intent of the Legislature to enact legislation to streamline, incentivize, and remove local barriers to housing creation, as specified.
(a)After the legislative body has adopted all or part of a general plan, the planning agency shall do both of the following:
(1)Investigate and make recommendations to the legislative body regarding reasonable and practical means for implementing the general plan or element of the general plan, so that it will serve as an effective guide for orderly growth and development, preservation and conservation of open-space land and natural resources, and the efficient expenditure of public funds relating to the subjects addressed in the general plan.
(2)Provide by April 1 of each year an annual report to the legislative body, the Office of Planning and Research, and the Department of Housing and Community Development that includes all of the following:
(A)The status of the plan and progress in its implementation.
(B)The progress in meeting its share of regional housing needs determined pursuant to Section 65584 and local efforts to remove governmental constraints to the maintenance, improvement, and development of housing pursuant to paragraph (3) of subdivision (c) of Section 65583.
The housing element portion of the annual report, as required by this paragraph, shall be prepared through the use of standards, forms, and definitions adopted by the Department of Housing and Community Development. The department may review, adopt, amend, and repeal the standards, forms, or definitions, to implement this article. Any standards, forms, or definitions adopted to implement this article shall not be subject to Chapter 3.5 (commencing with Section 11340) or Part 1 of Division 3 of Title 2. Before and after adoption of the forms, the housing element portion of the annual report shall include a section that describes the actions taken by the local government towards completion of the programs and status of the local governments compliance with the deadlines in its housing element. That report shall be considered at an annual public meeting before the legislative body where members of the public shall be allowed to provide oral testimony and written comments.
The report may include the number of units that have been substantially rehabilitated, converted from nonaffordable to affordable by acquisition, and preserved consistent with the standards set forth in paragraph (2) of subdivision (c) of Section 65583.1. The report shall document how the units meet the standards set forth in that subdivision.
(C)The degree to which its approved general plan complies with the guidelines developed and adopted pursuant to Section 65040.2 and the date of the last revision to the general plan.
(D)The number of net new units of housing, including both rental housing and for-sale housing, that have been issued a completed entitlement, a building permit, or a certificate of occupancy, thus far in the housing element cycle, and the income category, by area median income category, that each unit of housing, including both rental housing and housing designated for home ownership, satisfies. That production report shall, for each income category described in this subparagraph, distinguish between the number of rental housing units and the number of for-sale housing units that satisfy each income category. The production report shall include, for each entitlement, building permit, or certificate of occupancy, a unique site identifier, which must include an assessors parcel number, but may also include street address or other identifiers.
(E)The number of applications submitted pursuant to subdivision (a) of Section 65913.4, the location and the total number of developments approved pursuant to subdivision (b) of Section 65913.4, the total number of building permits issued pursuant to subdivision (b) of Section 65913.4, the total number of units including both rental housing and for-sale housing by area median income category constructed using the process provided for in subdivision (b) of Section 65913.4.
(F)The Department of Housing and Community Development shall post a report submitted pursuant to this paragraph on its Internet Web site within a reasonable time of receiving the report.
(b)If a court finds, upon a motion to that effect, that a city, county, or city and county failed to submit, within 60 days of the deadline established in this section, the housing element portion of the report required pursuant to subparagraph (B) of paragraph (2) of subdivision (a) that substantially complies with the requirements of this section, the court shall issue an order or judgment compelling compliance with this section within 60 days. If the city, county, or city and county fails to comply with the courts order within 60 days, the plaintiff or petitioner may move for sanctions, and the court may, upon that motion, grant appropriate sanctions. The court shall retain jurisdiction to ensure that its order or judgment is carried out. If the court determines that its order or judgment is not carried out within 60 days, the court may issue further orders as provided by law to ensure that the purposes and policies of this section are fulfilled. This subdivision applies to proceedings initiated on or after the first day of October following the adoption of forms and definitions by the Department of Housing and Community Development pursuant to paragraph (2) of subdivision (a), but no sooner than six months following that adoption.
SEC. 1.5.Section 65400 of the Government Code is amended to read:65400.(a)After the legislative body has adopted all or part of a general plan, the planning agency shall do both of the following:
(1)Investigate and make recommendations to the legislative body regarding reasonable and practical means for implementing the general plan or element of the general plan, so that it will serve as an effective guide for orderly growth and development, preservation and conservation of open-space land and natural resources, and the efficient expenditure of public funds relating to the subjects addressed in the general plan.
(2)Provide by April 1 of each year an annual report to the legislative body, the Office of Planning and Research, and the Department of Housing and Community Development that includes all of the following:
(A)The status of the plan and progress in its implementation.
(B)The progress in meeting its share of regional housing needs determined pursuant to Section 65584 and local efforts to remove governmental constraints to the maintenance, improvement, and development of housing pursuant to paragraph (3) of subdivision (c) of Section 65583.
The housing element portion of the annual report, as required by this paragraph, shall be prepared through the use of standards, forms, and definitions adopted by the Department of Housing and Community Development. The department may review, adopt, amend, and repeal the standards, forms, or definitions, to implement this article. Any standards, forms, or definitions adopted to implement this article shall not be subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2. Before and after adoption of the forms, the housing element portion of the annual report shall include a section that describes the actions taken by the local government towards completion of the programs and status of the local governments compliance with the deadlines in its housing element. That report shall be considered at an annual public meeting before the legislative body where members of the public shall be allowed to provide oral testimony and written comments.
The report may include the number of units that have been substantially rehabilitated, converted from nonaffordable to affordable by acquisition, and preserved consistent with the standards set forth in paragraph (2) of subdivision (c) of Section 65583.1. The report shall document how the units meet the standards set forth in that subdivision.
(C)The number of housing development applications received in the prior year.
(D)The number of units included in all development applications in the prior year.
(E)The number of units approved and disapproved in the prior year.
(F)The degree to which its approved general plan complies with the guidelines developed and adopted pursuant to Section 65040.2 and the date of the last revision to the general plan.
(G)A listing of sites rezoned to accommodate that portion of the citys or countys share of the regional housing need for each income level that could not be accommodated on sites identified in the inventory required by paragraph (1) of subdivision (c) of Sections 65583 and 65584.09. The listing of sites shall also include any additional sites that may have been required to be identified by Section 65863.
(H)The number of net new units of housing, including both rental housing and for-sale housing, that have been issued a completed entitlement, a building permit, or a certificate of occupancy, thus far in the housing element cycle, and the income category, by area median income category, that each unit of housing satisfies. That production report shall, for each income category described in this subparagraph, distinguish between the number of rental housing units and the number of for-sale units that satisfy each income category. The production report shall include, for each entitlement, building permit, or certificate of occupancy, a unique site identifier which must include the assessors parcel number, but may include street address, or other identifiers.
(I)The number of applications submitted pursuant to subdivision (a) of Section 65913.4, the location and the total number of developments approved pursuant to subdivision (b) of Section 65913.4, the total number of building permits issued pursuant to subdivision (b) of Section 65913.4, the total number of units including both rental housing and for-sale housing by area median income category constructed using the process provided for in subdivision (b) of Section 65913.4.
(J)The Department of Housing and Community Development shall post a report submitted pursuant to this paragraph on its Internet Web site within a reasonable time of receiving the report.
(b)If a court finds, upon a motion to that effect, that a city, county, or city and county failed to submit, within 60 days of the deadline established in this section, the housing element portion of the report required pursuant to subparagraph (B) of paragraph (2) of subdivision (a) that substantially complies with the requirements of this section, the court shall issue an order or judgment compelling compliance with this section within 60 days. If the city, county, or city and county fails to comply with the courts order within 60 days, the plaintiff or petitioner may move for sanctions, and the court may, upon that motion, grant appropriate sanctions. The court shall retain jurisdiction to ensure that its order or judgment is carried out. If the court determines that its order or judgment is not carried out within 60 days, the court may issue further orders as provided by law to ensure that the purposes and policies of this section are fulfilled. This subdivision applies to proceedings initiated on or after the first day of October following the adoption of forms and definitions by the Department of Housing and Community Development pursuant to paragraph (2) of subdivision (a), but no sooner than six months following that adoption.
SEC. 2.Section 65582.1 of the Government Code is amended to read:65582.1.The Legislature finds and declares that it has provided reforms and incentives to facilitate and expedite the approval and construction of affordable housing. Those reforms and incentives can be found in the following provisions:
(a)Housing element law (Article 10.6 (commencing with Section 65580) of Chapter 3).
(b)Extension of statute of limitations in actions challenging the housing element and brought in support of affordable housing (subdivision (d) of Section 65009).
(c)Restrictions on disapproval of housing developments (Section 65589.5).
(d)Priority for affordable housing in the allocation of water and sewer hookups (Section 65589.7).
(e)Least cost zoning law (Section 65913.1).
(f)Density bonus law (Section 65915).
(g)Accessory dwelling units (Sections 65852.150 and 65852.2).
(h)By-right housing, in which certain multifamily housing are designated a permitted use (Section 65589.4).
(i)No-net-loss-in zoning density law limiting downzonings and density reductions (Section 65863).
(j)Requiring persons who sue to halt affordable housing to pay attorney fees (Section 65914) or post a bond (Section 529.2 of the Code of Civil Procedure).
(k)Reduced time for action on affordable housing applications under the approval of development permits process (Article 5 (commencing with Section 65950) of Chapter 4.5).
(l)Limiting moratoriums on multifamily housing (Section 65858).
(m)Prohibiting discrimination against affordable housing (Section 65008).
(n)California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3).
(o)Community redevelopment law (Part 1 (commencing with Section 33000) of Division 24 of the Health and Safety Code, and in particular Sections 33334.2 and 33413).
(p)Streamlining housing approvals during a housing shortage (Section 65913.4).
SEC. 2.5.Section 65582.1 of the Government Code is amended to read:65582.1.The Legislature finds and declares that it has provided reforms and incentives to facilitate and expedite the construction of affordable housing. Those reforms and incentives can be found in the following provisions:
(a)Housing element law (Article 10.6 (commencing with Section 65580) of Chapter 3).
(b)Extension of statute of limitations in actions challenging the housing element and brought in support of affordable housing (subdivision (d) of Section 65009).
(c)Restrictions on disapproval of housing developments (Section 65589.5).
(d)Priority for affordable housing in the allocation of water and sewer hookups (Section 65589.7).
(e)Least cost zoning law (Section 65913.1).
(f)Density bonus law (Section 65915).
(g)Accessory dwelling units (Sections 65852.150 and 65852.2).
(h)By-right housing, in which certain multifamily housing are designated a permitted use (Section 65589.4).
(i)No-net-loss-in zoning density law limiting downzonings and density reductions (Section 65863).
(j)Requiring persons who sue to halt affordable housing to pay attorney fees (Section 65914) or post a bond (Section 529.2 of the Code of Civil Procedure).
(k)Reduced time for action on affordable housing applications under the approval of development permits process (Article 5 (commencing with Section 65950) of Chapter 4.5).
(l)Limiting moratoriums on multifamily housing (Section 65858).
(m)Prohibiting discrimination against affordable housing (Section 65008).
(n)California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3).
(o)Community redevelopment law (Part 1 (commencing with Section 33000) of Division 24 of the Health and Safety Code, and in particular Sections 33334.2 and 33413).
(p)Streamlining housing approvals during a housing shortage (Section 65913.4).
(q)Housing sustainability districts (Chapter 11 (commencing with Section 66200)).
SEC. 3.Section 65913.4 is added to the Government Code, to read:65913.4.(a)A development proponent may submit an application for a development that is subject to the streamlined, ministerial approval process provided by subdivision (b) and not subject to a conditional use permit if the development satisfies all of the following objective planning standards:
(1)The development is a multifamily housing development that contains two or more residential units.
(2)The development is located on a site that satisfies all of the following:
(A)A site that is a legal parcel or parcels located in a city if, and only if, the city boundaries include some portion of either an urbanized area or urban cluster, as designated by the United States Census Bureau, or, for unincorporated areas, a legal parcel or parcels wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau.
(B)A site in which at least 75 percent of the perimeter of the site adjoins parcels that are developed with urban uses. For the purposes of this section, parcels that are only separated by a street or highway shall be considered to be adjoined.
(C)A site that is zoned for residential use or residential mixed-use development, or has a general plan designation that allows residential use or a mix of residential and nonresidential uses, with at least two-thirds of the square footage of the development designated for residential use.
(3)If the development contains units that are subsidized, the development proponent already has recorded, or is required by law to record, a land use restriction for the following applicable minimum durations:
(A)Fifty-five years for units that are rented.
(B)Forty-five years for units that are owned.
(4)The development satisfies both of the following:
(A)Is located in a locality that the department has determined is subject to this subparagraph on the basis that the number of units that have been issued building permits is less than the localitys share of the regional housing needs, by income category, for that reporting period. A locality shall remain eligible under this subparagraph until the departments determination for the next reporting period. A locality shall be subject to this subparagraph if it has not submitted an annual housing element report to the department pursuant to paragraph (2) of subdivision (a) of Section 65400 for at least two consecutive years before the development submitted an application for approval under this section.
(B)The development is subject to a requirement mandating a minimum percentage of below market rate housing based on one of the following:
(i)The locality did not submit its latest production report to the department by the time period required by Section 65400, or that production report reflects that there were fewer units of above moderate-income housing approved than were required for the regional housing needs assessment cycle for that reporting period. In addition, if the project contains more than 10 units of housing, the project seeking approval dedicates a minimum of 10 percent of the total number of units to housing affordable to households making below 80 percent of the area median income. If the locality has adopted a local ordinance that requires that greater than 10 percent of the units be dedicated to housing affordable to households making below 80 percent of the area median income, that zoning ordinance applies.
(ii)The locality did not submit its latest production report to the department by the time period required by Section 65400, or that production report reflects that there were fewer units of housing affordable to households making below 80 percent 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 dedicates 50 percent of the total number of units to housing affordable to households making below 80 percent of the area median income, unless the locality has adopted a local ordinance that requires that greater than 50 percent of the units be dedicated to housing affordable to households making below 80 percent of the area median income, in which case that ordinance applies.
(iii)The locality did not submit its latest production report to the department by the time period required by Section 65400, or if the production report reflects that there were fewer units of housing affordable to any income level described in clause (i) or (ii) that were issued building permits than were required for the regional housing needs assessment cycle for that reporting period, the project seeking approval may choose between utilizing clause (i) or (ii).
(5)The development, excluding any additional density or any other concessions, incentives, or waivers of development standards granted pursuant to the Density Bonus Law in Section 65915, is consistent with objective zoning standards and objective design review standards in effect at the time that the development is submitted to the local government pursuant to this section. For purposes of this paragraph, objective zoning standards and objective design review standards mean standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal. These standards may be embodied in alternative objective land use specifications adopted by a city or county, and may include, but are not limited to, housing overlay zones, specific plans, inclusionary zoning ordinances, and density bonus ordinances, subject to the following:
(A)A development shall be deemed consistent with the objective zoning standards related to housing density, as applicable, if the density proposed is compliant with the maximum density allowed within that land use designation, notwithstanding any specified maximum unit allocation that may result in fewer units of housing being permitted.
(B)In the event that objective zoning, general plan, or design review standards are mutually inconsistent, a development shall be deemed consistent with the objective zoning standards pursuant to this subdivision if the development is consistent with the standards set forth in the general plan.
(6)The development is not located on a site that is any of the following:
(A)A coastal zone, as defined in Division 20 (commencing with Section 30000) of the Public Resources Code.
(B)Either prime farmland or farmland of statewide importance, as defined pursuant to United States Department of Agriculture land inventory and monitoring criteria, as modified for California, and designated on the maps prepared by the Farmland Mapping and Monitoring Program of the Department of Conservation, or land zoned or designated for agricultural protection or preservation by a local ballot measure that was approved by the voters of that jurisdiction.
(C)Wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).
(D)Within a very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to Section 51178, or within a high or very high fire hazard severity zone as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to Section 4202 of the Public Resources Code. This subparagraph does not apply to sites excluded from the specified hazard zones by a local agency, pursuant to subdivision (b) of Section 51179, or sites that have adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development.
(E)A hazardous waste site that is listed pursuant to Section 65962.5 or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Section 25356 of the Health and Safety Code, unless the Department of Toxic Substances Control has cleared the site for residential use or residential mixed uses.
(F)Within a delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law (Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code), and by any local building department under Chapter 12.2 (commencing with Section 8875) of Division 1 of Title 2.
(G)Within a flood plain as determined by maps promulgated by the Federal Emergency Management Agency, unless the development has been issued a flood plain development permit pursuant to Part 59 (commencing with Section 59.1) and Part 60 (commencing with Section 60.1) of Subchapter B of Chapter I of Title 44 of the Code of Federal Regulations.
(H)Within a floodway as determined by maps promulgated by the Federal Emergency Management Agency, unless the development has received a no-rise certification in accordance with Section 60.3(d)(3) of Title 44 of the Code of Federal Regulations.
(I)Lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code), habitat conservation plan pursuant to the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), or other adopted natural resource protection plan.
(J)Habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code).
(K)Lands under conservation easement.
(7)The development is not located on a site where any of the following apply:
(A)The development would require the demolition of the following types of housing:
(i)Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.
(ii) Housing that is subject to any form of rent or price control through a public entitys valid exercise of its police power.
(iii)Housing that has been occupied by tenants within the past 10 years.
(B)The site was previously used for housing that was occupied by tenants that was demolished within 10 years before the development proponent submits an application under this section.
(C)The development would require the demolition of a historic structure that was placed on a national, state, or local historic register.
(D)The property contains housing units that are occupied by tenants, and units at the property are, or were, subsequently offered for sale to the general public by the subdivider or subsequent owner of the property.
(8)The development proponent has done both of the following, as applicable:
(A)Certified to the locality that either of the following is true, as applicable:
(i)The entirety of the development is a public work for purposes of Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code.
(ii)If the development is not in its entirety a public work, that all construction workers employed in the execution of the development will be paid at least the general prevailing rate of per diem wages for the type of work and geographic area, as determined by the Director of Industrial Relations pursuant to Sections 1773 and 1773.9 of the Labor Code, except that apprentices registered in programs approved by the Chief of the Division of Apprenticeship Standards may be paid at least the applicable apprentice prevailing rate. If the development is subject to this subparagraph, then for those portions of the development that are not a public work all of the following shall apply:
(I)The development proponent shall ensure that the prevailing wage requirement is included in all contracts for the performance of the work.
(II)All contractors and subcontractors shall pay to all construction workers employed in the execution of the work at least the general prevailing rate of per diem wages, except that apprentices registered in programs approved by the Chief of the Division of Apprenticeship Standards may be paid at least the applicable apprentice prevailing rate.
(III)Except as provided in subclause (V), all contractors and subcontractors shall maintain and verify payroll records pursuant to Section 1776 of the Labor Code and make those records available for inspection and copying as provided in therein.
(IV)Except as provided in subclause (V), the obligation of the contractors and subcontractors to pay prevailing wages may be enforced by the Labor Commissioner through the issuance of a civil wage and penalty assessment pursuant to Section 1741 of the Labor Code, which may be reviewed pursuant to Section 1742 of the Labor Code, within 18 months after the completion of the development, by an underpaid worker through an administrative complaint or civil action, or by a joint labor-management committee though a civil action under Section 1771.2 of the Labor Code. If a civil wage and penalty assessment is issued, the contractor, subcontractor, and surety on a bond or bonds issued to secure the payment of wages covered by the assessment shall be liable for liquidated damages pursuant to Section 1742.1 of the Labor Code.
(V)Subclauses (III) and (IV) shall not apply if all contractors and subcontractors performing work on the development are subject to a project labor agreement that requires the payment of prevailing wages to all construction workers employed in the execution of the development and provides for enforcement of that obligation through an arbitration procedure. For purposes of this clause, project labor agreement has the same meaning as set forth in paragraph (1) of subdivision (b) of Section 2500 of the Public Contract Code.
(VI)Notwithstanding subdivision (c) of Section 1773.1 of the Labor Code, the requirement that employer payments not reduce the obligation to pay the hourly straight time or overtime wages found to be prevailing shall not apply if otherwise provided in a bona fide collective bargaining agreement covering the worker. The requirement to pay at least the general prevailing rate of per diem wages does not preclude use of an alternative workweek schedule adopted pursuant to Section 511 or 514 of the Labor Code.
(B)(i)For developments for which any of the following conditions apply, certified that a skilled and trained workforce shall be used to complete the development if the application is approved:
(I)On and after January 1, 2018, until December 31, 2021, the development consists of 75 or more units that are not 100 percent subsidized affordable housing and will be located within a jurisdiction located in a coastal or bay county with a population of 225,000 or more.
(II)On and after January 1, 2022, until December 31, 2025, the development consists of 50 or more units that are not 100 percent subsidized affordable housing and will be located within a jurisdiction located in a coastal or bay county with a population of 225,000 or more.
(III)On and after January 1, 2018, until December 31, 2019, the development consists of 75 or more units that are not 100 percent subsidized affordable housing and will be located within a jurisdiction with a population of fewer than 550,000 and that is not located in a coastal or bay county.
(IV)On and after January 1, 2020, until December 31, 2021, the development consists of more than 50 units and will be located within a jurisdiction with a population of fewer than 550,000 and that is not located in a coastal or bay county.
(V)On and after January 1, 2022, until December 31, 2025, the development consists of more than 25 units and will be located within a jurisdiction with a population of fewer than 550,000 and that is not located in a coastal bay county.
(ii)For purposes of this section, skilled and trained workforce has the same meaning as provided in Chapter 2.9 (commencing with Section 2600) of Part 1 of Division 2 of the Public Contract Code.
(iii)If the development proponent has certified that a skilled and trained workforce will be used to complete the development and the application is approved, the following shall apply:
(I)The applicant shall require in all contracts for the performance of work that every contractor and subcontractor at every tier will individually use a skilled and trained workforce to complete the development.
(II)Every contractor and subcontractor shall use a skilled and trained workforce to complete the development.
(III)Except as provided in subclause (IV), the applicant shall provide to the locality, on a monthly basis while the development or contract is being performed, a report demonstrating compliance with Chapter 2.9 (commencing with Section 2600) of Part 1 of Division 2 of the Public Contract Code. A monthly report provided to the locality pursuant to this subclause shall be a public record under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1) and shall be open to public inspection. An applicant that fails to provide a monthly report demonstrating compliance with Chapter 2.9 (commencing with Section 2600) of Part 1 of Division 2 of the Public Contract Code shall be subject to a civil penalty of ten thousand dollars ($10,000) per month for each month for which the report has not been provided. Any contractor or subcontractor that fails to use a skilled and trained workforce shall be subject to a civil penalty of two hundred dollars ($200) per day for each worker employed in contravention of the skilled and trained workforce requirement. Penalties may be assessed by the Labor Commissioner within 18 months of completion of the development using the same procedures for issuance of civil wage and penalty assessments pursuant to Section 1741 of the Labor Code, and may be reviewed pursuant to the same procedures in Section 1742 of the Labor Code. Penalties shall be paid to the State Public Works Enforcement Fund.
(IV)Subclause (III) shall not apply if all contractors and subcontractors performing work on the development are subject to a project labor agreement that requires compliance with the skilled and trained workforce requirement and provides for enforcement of that obligation through an arbitration procedure. For purposes of this subparagraph, project labor agreement has the same meaning as set forth in paragraph (1) of subdivision (b) of Section 2500 of the Public Contract Code.
(C)Notwithstanding subparagraphs (A) and (B), a development that is subject to approval pursuant to this section is exempt from any requirement to pay prevailing wages or use a skilled and trained workforce if it meets both of the following:
(i)The project includes 10 or fewer units.
(ii)The project is not a public work for purposes of Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code.
(9)The development did not or does not involve a subdivision of a parcel that is, or, notwithstanding this section, would otherwise be, subject to the Subdivision Map Act (Division 2 (commencing with Section 66410)) or any other applicable law authorizing the subdivision of land, unless either of the following apply:
(A)The development has received or will receive financing or funding by means of a low-income housing tax credit and is subject to the requirement that prevailing wages be paid pursuant to subparagraph (A) of paragraph (8).
(B)The development is subject to the requirement that prevailing wages be paid, and a skilled and trained workforce used, pursuant to paragraph (8).
(10)The development shall not be upon an existing parcel of land or site that is governed under the Mobilehome Residency Law (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2 of Division 2 of the Civil Code), the Recreational Vehicle Park Occupancy Law (Chapter 2.6 (commencing with Section 799.20) of Title 2 of Part 2 of Division 2 of the Civil Code), the Mobilehome Parks Act (Part 2.1 (commencing with Section 18200) of Division 13 of the Health and Safety Code), or the Special Occupancy Parks Act (Part 2.3 (commencing with Section 18860) of Division 13 of the Health and Safety Code).
(b)(1)If a local government determines that a development submitted pursuant to this section is in conflict with any of the objective planning standards specified in subdivision (a), it shall provide the development proponent written documentation of which standard or standards the development conflicts with, and an explanation for the reason or reasons the development conflicts with that standard or standards, as follows:
(A)Within 60 days of submittal of the development to the local government pursuant to this section if the development contains 150 or fewer housing units.
(B)Within 90 days of submittal of the development to the local government pursuant to this section if the development contains more than 150 housing units.
(2)If the local government fails to provide the required documentation pursuant to paragraph (1), the development shall be deemed to satisfy the objective planning standards specified in subdivision (a).
(c)Any design review or public oversight of the development may be conducted by the local governments planning commission or any equivalent board or commission responsible for review and approval of development projects, or the city council or board of supervisors, as appropriate. That design review or public oversight shall be objective and be strictly focused on assessing compliance with criteria required for streamlined projects, as well as any reasonable objective design standards published and adopted by ordinance or resolution by a local jurisdiction before submission of a development application, and shall be broadly applicable to development within the jurisdiction. That design review or public oversight shall be completed as follows and shall not in any way inhibit, chill, or preclude the ministerial approval provided by this section or its effect, as applicable:
(1)Within 90 days of submittal of the development to the local government pursuant to this section if the development contains 150 or fewer housing units.
(2)Within 180 days of submittal of the development to the local government pursuant to this section if the development contains more than 150 housing units.
(d)(1)Notwithstanding any other law, a local government, whether or not it has adopted an ordinance governing parking requirements in multifamily developments, shall not impose parking standards for a streamlined development that was approved pursuant to this section in any of the following instances:
(A)The development is located within one-half mile of public transit.
(B)The development is located within an architecturally and historically significant historic district.
(C)When on-street parking permits are required but not offered to the occupants of the development.
(D)When there is a car share vehicle located within one block of the development.
(2)If the development does not fall within any of the categories described in paragraph (1), the local government shall not impose parking requirements for streamlined developments approved pursuant to this section that exceed one parking space per unit.
(e)(1)If a local government approves a development pursuant to this section, then, notwithstanding any other law, that approval shall not expire if the project includes public investment in housing affordability, beyond tax credits, where 50 percent of the units are affordable to households making below 80 percent of the area median income.
(2)If a local government approves a development pursuant to this section and the project does not include 50 percent of the units affordable to households making below 80 percent of the area median income, that approval shall automatically expire after three years except that a project may receive a one-time, one-year extension if the project proponent can provide documentation that there has been significant progress toward getting the development construction ready, such as filing a building permit application.
(3)If a local government approves a development pursuant to this section, that approval shall remain valid for three years from the date of the final action establishing that approval and shall remain valid thereafter for a project so long as vertical construction of the development has begun and is in progress. Additionally, the development proponent may request, and the local government shall have discretion to grant, an additional one-year extension to the original three-year period. The local governments action and discretion in determining whether to grant the foregoing extension shall be limited to considerations and process set forth in this section.
(f)A local government shall not adopt any requirement, including, but not limited to, increased fees or inclusionary housing requirements, that applies to a project solely or partially on the basis that the project is eligible to receive ministerial or streamlined approval pursuant to this section.
(g)This section shall not affect a development proponents ability to use any alternative streamlined by right permit processing adopted by a local government, including the provisions of subdivision (i) of Section 65583.2.
(h)For purposes of this section:
(1)Department means the Department of Housing and Community Development.
(2)Development proponent means the developer who submits an application for streamlined approval pursuant to this section.
(3)Completed entitlements means a housing development which has received all the required land use approvals or entitlements necessary for the issuance of building permit.
(4)Locality or local government means a city, including a charter city, a county, including a charter county, or a city and county, including a charter city and county.
(5)Production report means the information reported pursuant to subparagraph (D) of paragraph (2) of subdivision (a) of Section 65400.
(6)Subsidized means units that are price or rent restricted such that the units are permanently affordable to households meeting the definitions of very low and lower income, as defined in Sections 50079.5 and 50105 of the Health and Safety Code.
(7)Reporting period means either of the following:
(A)The first half of the regional housing needs assessment cycle.
(B)The last half of the regional housing needs assessment cycle.
(8)Urban uses means any current or former residential, commercial, public institutional, transit or transportation passenger facility, or retail use, or any combination of those uses.
(i)The department may review, adopt, amend, and repeal guidelines to implement uniform standards or criteria that supplement or clarify the terms, references, or standards set forth in this section. Any guidelines or terms adopted pursuant to this subdivision shall not be subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
(j)This section shall remain in effect only until January 1, 2026, and as of that date is repealed.
SEC. 4.The Legislature finds and declares that ensuring access to affordable housing is a matter of statewide concern, and not a municipal affair. Therefore, the changes made by this act are applicable to a charter city, a charter county, and a charter city and county.
SEC. 5.Each provision of this measure is a material and integral part of this measure, and the provisions of this measure are not severable. If any provision of this measure or its application is held invalid, this entire measure shall be null and void.
SEC. 6.(a)Section 1.5 of this bill incorporates amendments to Section 65400 of the Government Code proposed by both this bill and Assembly Bill 879. That section shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2018, (2) each bill amends Section 65400 of the Government Code, and (3) this bill is enacted after Assembly Bill 879, in which case Section 1 of this bill shall not become operative.
(b)Section 2.5 of this bill incorporates amendments to Section 65582.1 of the Government Code proposed by both this bill and Assembly Bill 73. That section shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2019, (2) each bill amends Section 65582.1 of the Government Code, and (3) this bill is enacted after Assembly Bill 73, in which case Section 2 of this bill shall not become operative.
SEC. 7.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.
(a)After the legislative body has adopted all or part of a general plan, the planning agency shall do both of the following:
(1)Investigate and make recommendations to the legislative body regarding reasonable and practical means for implementing the general plan or element of the general plan, so that it will serve as an effective guide for orderly growth and development, preservation and conservation of open-space land and natural resources, and the efficient expenditure of public funds relating to the subjects addressed in the general plan.
(2)Provide by April 1 of each year an annual report to the legislative body, the Office of Planning and Research, and the Department of Housing and Community Development that includes all of the following:
(A)The status of the plan and progress in its implementation.
(B)The progress in meeting its share of regional housing needs determined pursuant to Section 65584 and local efforts to remove governmental constraints to the maintenance, improvement, and development of housing pursuant to paragraph (3) of subdivision (c) of Section 65583.
The housing element portion of the annual report, as required by this paragraph, shall be prepared through the use of standards, forms, and definitions adopted by the Department of Housing and Community Development. The department may review, adopt, amend, and repeal the standards, forms, or definitions, to implement this article. Any standards, forms, or definitions adopted to implement this article shall not be subject to Chapter 3.5 (commencing with Section 11340) or Part 1 of Division 3 of Title 2. Before and after adoption of the forms, the housing element portion of the annual report shall include a section that describes the actions taken by the local government towards completion of the programs and status of the local governments compliance with the deadlines in its housing element. That report shall be considered at an annual public meeting before the legislative body where members of the public shall be allowed to provide oral testimony and written comments.
The report may include the number of units that have been substantially rehabilitated, converted from nonaffordable to affordable by acquisition, and preserved consistent with the standards set forth in paragraph (2) of subdivision (c) of Section 65583.1. The report shall document how the units meet the standards set forth in that subdivision.
(C)The degree to which its approved general plan complies with the guidelines developed and adopted pursuant to Section 65040.2 and the date of the last revision to the general plan.
(D)The number of net new units of housing, including both rental housing and for-sale housing, that have been issued a completed entitlement, a building permit, or a certificate of occupancy, thus far in the housing element cycle, and the income category, by area median income category, that each unit of housing, including both rental housing and housing designated for home ownership, satisfies. That production report shall, for each income category described in this subparagraph, distinguish between the number of rental housing units and the number of for-sale housing units that satisfy each income category. The production report shall include, for each entitlement, building permit, or certificate of occupancy, a unique site identifier, which must include an assessors parcel number, but may also include street address or other identifiers.
(E)The number of applications submitted pursuant to subdivision (a) of Section 65913.4, the location and the total number of developments approved pursuant to subdivision (b) of Section 65913.4, the total number of building permits issued pursuant to subdivision (b) of Section 65913.4, the total number of units including both rental housing and for-sale housing by area median income category constructed using the process provided for in subdivision (b) of Section 65913.4.
(F)The Department of Housing and Community Development shall post a report submitted pursuant to this paragraph on its Internet Web site within a reasonable time of receiving the report.
(b)If a court finds, upon a motion to that effect, that a city, county, or city and county failed to submit, within 60 days of the deadline established in this section, the housing element portion of the report required pursuant to subparagraph (B) of paragraph (2) of subdivision (a) that substantially complies with the requirements of this section, the court shall issue an order or judgment compelling compliance with this section within 60 days. If the city, county, or city and county fails to comply with the courts order within 60 days, the plaintiff or petitioner may move for sanctions, and the court may, upon that motion, grant appropriate sanctions. The court shall retain jurisdiction to ensure that its order or judgment is carried out. If the court determines that its order or judgment is not carried out within 60 days, the court may issue further orders as provided by law to ensure that the purposes and policies of this section are fulfilled. This subdivision applies to proceedings initiated on or after the first day of October following the adoption of forms and definitions by the Department of Housing and Community Development pursuant to paragraph (2) of subdivision (a), but no sooner than six months following that adoption.
SEC. 1.5.Section 65400 of the Government Code is amended to read:65400.(a)After the legislative body has adopted all or part of a general plan, the planning agency shall do both of the following:
(1)Investigate and make recommendations to the legislative body regarding reasonable and practical means for implementing the general plan or element of the general plan, so that it will serve as an effective guide for orderly growth and development, preservation and conservation of open-space land and natural resources, and the efficient expenditure of public funds relating to the subjects addressed in the general plan.
(2)Provide by April 1 of each year an annual report to the legislative body, the Office of Planning and Research, and the Department of Housing and Community Development that includes all of the following:
(A)The status of the plan and progress in its implementation.
(B)The progress in meeting its share of regional housing needs determined pursuant to Section 65584 and local efforts to remove governmental constraints to the maintenance, improvement, and development of housing pursuant to paragraph (3) of subdivision (c) of Section 65583.
The housing element portion of the annual report, as required by this paragraph, shall be prepared through the use of standards, forms, and definitions adopted by the Department of Housing and Community Development. The department may review, adopt, amend, and repeal the standards, forms, or definitions, to implement this article. Any standards, forms, or definitions adopted to implement this article shall not be subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2. Before and after adoption of the forms, the housing element portion of the annual report shall include a section that describes the actions taken by the local government towards completion of the programs and status of the local governments compliance with the deadlines in its housing element. That report shall be considered at an annual public meeting before the legislative body where members of the public shall be allowed to provide oral testimony and written comments.
The report may include the number of units that have been substantially rehabilitated, converted from nonaffordable to affordable by acquisition, and preserved consistent with the standards set forth in paragraph (2) of subdivision (c) of Section 65583.1. The report shall document how the units meet the standards set forth in that subdivision.
(C)The number of housing development applications received in the prior year.
(D)The number of units included in all development applications in the prior year.
(E)The number of units approved and disapproved in the prior year.
(F)The degree to which its approved general plan complies with the guidelines developed and adopted pursuant to Section 65040.2 and the date of the last revision to the general plan.
(G)A listing of sites rezoned to accommodate that portion of the citys or countys share of the regional housing need for each income level that could not be accommodated on sites identified in the inventory required by paragraph (1) of subdivision (c) of Sections 65583 and 65584.09. The listing of sites shall also include any additional sites that may have been required to be identified by Section 65863.
(H)The number of net new units of housing, including both rental housing and for-sale housing, that have been issued a completed entitlement, a building permit, or a certificate of occupancy, thus far in the housing element cycle, and the income category, by area median income category, that each unit of housing satisfies. That production report shall, for each income category described in this subparagraph, distinguish between the number of rental housing units and the number of for-sale units that satisfy each income category. The production report shall include, for each entitlement, building permit, or certificate of occupancy, a unique site identifier which must include the assessors parcel number, but may include street address, or other identifiers.
(I)The number of applications submitted pursuant to subdivision (a) of Section 65913.4, the location and the total number of developments approved pursuant to subdivision (b) of Section 65913.4, the total number of building permits issued pursuant to subdivision (b) of Section 65913.4, the total number of units including both rental housing and for-sale housing by area median income category constructed using the process provided for in subdivision (b) of Section 65913.4.
(J)The Department of Housing and Community Development shall post a report submitted pursuant to this paragraph on its Internet Web site within a reasonable time of receiving the report.
(b)If a court finds, upon a motion to that effect, that a city, county, or city and county failed to submit, within 60 days of the deadline established in this section, the housing element portion of the report required pursuant to subparagraph (B) of paragraph (2) of subdivision (a) that substantially complies with the requirements of this section, the court shall issue an order or judgment compelling compliance with this section within 60 days. If the city, county, or city and county fails to comply with the courts order within 60 days, the plaintiff or petitioner may move for sanctions, and the court may, upon that motion, grant appropriate sanctions. The court shall retain jurisdiction to ensure that its order or judgment is carried out. If the court determines that its order or judgment is not carried out within 60 days, the court may issue further orders as provided by law to ensure that the purposes and policies of this section are fulfilled. This subdivision applies to proceedings initiated on or after the first day of October following the adoption of forms and definitions by the Department of Housing and Community Development pursuant to paragraph (2) of subdivision (a), but no sooner than six months following that adoption.
SEC. 2.Section 65582.1 of the Government Code is amended to read:65582.1.The Legislature finds and declares that it has provided reforms and incentives to facilitate and expedite the approval and construction of affordable housing. Those reforms and incentives can be found in the following provisions:
(a)Housing element law (Article 10.6 (commencing with Section 65580) of Chapter 3).
(b)Extension of statute of limitations in actions challenging the housing element and brought in support of affordable housing (subdivision (d) of Section 65009).
(c)Restrictions on disapproval of housing developments (Section 65589.5).
(d)Priority for affordable housing in the allocation of water and sewer hookups (Section 65589.7).
(e)Least cost zoning law (Section 65913.1).
(f)Density bonus law (Section 65915).
(g)Accessory dwelling units (Sections 65852.150 and 65852.2).
(h)By-right housing, in which certain multifamily housing are designated a permitted use (Section 65589.4).
(i)No-net-loss-in zoning density law limiting downzonings and density reductions (Section 65863).
(j)Requiring persons who sue to halt affordable housing to pay attorney fees (Section 65914) or post a bond (Section 529.2 of the Code of Civil Procedure).
(k)Reduced time for action on affordable housing applications under the approval of development permits process (Article 5 (commencing with Section 65950) of Chapter 4.5).
(l)Limiting moratoriums on multifamily housing (Section 65858).
(m)Prohibiting discrimination against affordable housing (Section 65008).
(n)California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3).
(o)Community redevelopment law (Part 1 (commencing with Section 33000) of Division 24 of the Health and Safety Code, and in particular Sections 33334.2 and 33413).
(p)Streamlining housing approvals during a housing shortage (Section 65913.4).
SEC. 2.5.Section 65582.1 of the Government Code is amended to read:65582.1.The Legislature finds and declares that it has provided reforms and incentives to facilitate and expedite the construction of affordable housing. Those reforms and incentives can be found in the following provisions:
(a)Housing element law (Article 10.6 (commencing with Section 65580) of Chapter 3).
(b)Extension of statute of limitations in actions challenging the housing element and brought in support of affordable housing (subdivision (d) of Section 65009).
(c)Restrictions on disapproval of housing developments (Section 65589.5).
(d)Priority for affordable housing in the allocation of water and sewer hookups (Section 65589.7).
(e)Least cost zoning law (Section 65913.1).
(f)Density bonus law (Section 65915).
(g)Accessory dwelling units (Sections 65852.150 and 65852.2).
(h)By-right housing, in which certain multifamily housing are designated a permitted use (Section 65589.4).
(i)No-net-loss-in zoning density law limiting downzonings and density reductions (Section 65863).
(j)Requiring persons who sue to halt affordable housing to pay attorney fees (Section 65914) or post a bond (Section 529.2 of the Code of Civil Procedure).
(k)Reduced time for action on affordable housing applications under the approval of development permits process (Article 5 (commencing with Section 65950) of Chapter 4.5).
(l)Limiting moratoriums on multifamily housing (Section 65858).
(m)Prohibiting discrimination against affordable housing (Section 65008).
(n)California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3).
(o)Community redevelopment law (Part 1 (commencing with Section 33000) of Division 24 of the Health and Safety Code, and in particular Sections 33334.2 and 33413).
(p)Streamlining housing approvals during a housing shortage (Section 65913.4).
(q)Housing sustainability districts (Chapter 11 (commencing with Section 66200)).
SEC. 3.Section 65913.4 is added to the Government Code, to read:65913.4.(a)A development proponent may submit an application for a development that is subject to the streamlined, ministerial approval process provided by subdivision (b) and not subject to a conditional use permit if the development satisfies all of the following objective planning standards:
(1)The development is a multifamily housing development that contains two or more residential units.
(2)The development is located on a site that satisfies all of the following:
(A)A site that is a legal parcel or parcels located in a city if, and only if, the city boundaries include some portion of either an urbanized area or urban cluster, as designated by the United States Census Bureau, or, for unincorporated areas, a legal parcel or parcels wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau.
(B)A site in which at least 75 percent of the perimeter of the site adjoins parcels that are developed with urban uses. For the purposes of this section, parcels that are only separated by a street or highway shall be considered to be adjoined.
(C)A site that is zoned for residential use or residential mixed-use development, or has a general plan designation that allows residential use or a mix of residential and nonresidential uses, with at least two-thirds of the square footage of the development designated for residential use.
(3)If the development contains units that are subsidized, the development proponent already has recorded, or is required by law to record, a land use restriction for the following applicable minimum durations:
(A)Fifty-five years for units that are rented.
(B)Forty-five years for units that are owned.
(4)The development satisfies both of the following:
(A)Is located in a locality that the department has determined is subject to this subparagraph on the basis that the number of units that have been issued building permits is less than the localitys share of the regional housing needs, by income category, for that reporting period. A locality shall remain eligible under this subparagraph until the departments determination for the next reporting period. A locality shall be subject to this subparagraph if it has not submitted an annual housing element report to the department pursuant to paragraph (2) of subdivision (a) of Section 65400 for at least two consecutive years before the development submitted an application for approval under this section.
(B)The development is subject to a requirement mandating a minimum percentage of below market rate housing based on one of the following:
(i)The locality did not submit its latest production report to the department by the time period required by Section 65400, or that production report reflects that there were fewer units of above moderate-income housing approved than were required for the regional housing needs assessment cycle for that reporting period. In addition, if the project contains more than 10 units of housing, the project seeking approval dedicates a minimum of 10 percent of the total number of units to housing affordable to households making below 80 percent of the area median income. If the locality has adopted a local ordinance that requires that greater than 10 percent of the units be dedicated to housing affordable to households making below 80 percent of the area median income, that zoning ordinance applies.
(ii)The locality did not submit its latest production report to the department by the time period required by Section 65400, or that production report reflects that there were fewer units of housing affordable to households making below 80 percent 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 dedicates 50 percent of the total number of units to housing affordable to households making below 80 percent of the area median income, unless the locality has adopted a local ordinance that requires that greater than 50 percent of the units be dedicated to housing affordable to households making below 80 percent of the area median income, in which case that ordinance applies.
(iii)The locality did not submit its latest production report to the department by the time period required by Section 65400, or if the production report reflects that there were fewer units of housing affordable to any income level described in clause (i) or (ii) that were issued building permits than were required for the regional housing needs assessment cycle for that reporting period, the project seeking approval may choose between utilizing clause (i) or (ii).
(5)The development, excluding any additional density or any other concessions, incentives, or waivers of development standards granted pursuant to the Density Bonus Law in Section 65915, is consistent with objective zoning standards and objective design review standards in effect at the time that the development is submitted to the local government pursuant to this section. For purposes of this paragraph, objective zoning standards and objective design review standards mean standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal. These standards may be embodied in alternative objective land use specifications adopted by a city or county, and may include, but are not limited to, housing overlay zones, specific plans, inclusionary zoning ordinances, and density bonus ordinances, subject to the following:
(A)A development shall be deemed consistent with the objective zoning standards related to housing density, as applicable, if the density proposed is compliant with the maximum density allowed within that land use designation, notwithstanding any specified maximum unit allocation that may result in fewer units of housing being permitted.
(B)In the event that objective zoning, general plan, or design review standards are mutually inconsistent, a development shall be deemed consistent with the objective zoning standards pursuant to this subdivision if the development is consistent with the standards set forth in the general plan.
(6)The development is not located on a site that is any of the following:
(A)A coastal zone, as defined in Division 20 (commencing with Section 30000) of the Public Resources Code.
(B)Either prime farmland or farmland of statewide importance, as defined pursuant to United States Department of Agriculture land inventory and monitoring criteria, as modified for California, and designated on the maps prepared by the Farmland Mapping and Monitoring Program of the Department of Conservation, or land zoned or designated for agricultural protection or preservation by a local ballot measure that was approved by the voters of that jurisdiction.
(C)Wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).
(D)Within a very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to Section 51178, or within a high or very high fire hazard severity zone as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to Section 4202 of the Public Resources Code. This subparagraph does not apply to sites excluded from the specified hazard zones by a local agency, pursuant to subdivision (b) of Section 51179, or sites that have adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development.
(E)A hazardous waste site that is listed pursuant to Section 65962.5 or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Section 25356 of the Health and Safety Code, unless the Department of Toxic Substances Control has cleared the site for residential use or residential mixed uses.
(F)Within a delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law (Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code), and by any local building department under Chapter 12.2 (commencing with Section 8875) of Division 1 of Title 2.
(G)Within a flood plain as determined by maps promulgated by the Federal Emergency Management Agency, unless the development has been issued a flood plain development permit pursuant to Part 59 (commencing with Section 59.1) and Part 60 (commencing with Section 60.1) of Subchapter B of Chapter I of Title 44 of the Code of Federal Regulations.
(H)Within a floodway as determined by maps promulgated by the Federal Emergency Management Agency, unless the development has received a no-rise certification in accordance with Section 60.3(d)(3) of Title 44 of the Code of Federal Regulations.
(I)Lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code), habitat conservation plan pursuant to the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), or other adopted natural resource protection plan.
(J)Habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code).
(K)Lands under conservation easement.
(7)The development is not located on a site where any of the following apply:
(A)The development would require the demolition of the following types of housing:
(i)Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.
(ii) Housing that is subject to any form of rent or price control through a public entitys valid exercise of its police power.
(iii)Housing that has been occupied by tenants within the past 10 years.
(B)The site was previously used for housing that was occupied by tenants that was demolished within 10 years before the development proponent submits an application under this section.
(C)The development would require the demolition of a historic structure that was placed on a national, state, or local historic register.
(D)The property contains housing units that are occupied by tenants, and units at the property are, or were, subsequently offered for sale to the general public by the subdivider or subsequent owner of the property.
(8)The development proponent has done both of the following, as applicable:
(A)Certified to the locality that either of the following is true, as applicable:
(i)The entirety of the development is a public work for purposes of Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code.
(ii)If the development is not in its entirety a public work, that all construction workers employed in the execution of the development will be paid at least the general prevailing rate of per diem wages for the type of work and geographic area, as determined by the Director of Industrial Relations pursuant to Sections 1773 and 1773.9 of the Labor Code, except that apprentices registered in programs approved by the Chief of the Division of Apprenticeship Standards may be paid at least the applicable apprentice prevailing rate. If the development is subject to this subparagraph, then for those portions of the development that are not a public work all of the following shall apply:
(I)The development proponent shall ensure that the prevailing wage requirement is included in all contracts for the performance of the work.
(II)All contractors and subcontractors shall pay to all construction workers employed in the execution of the work at least the general prevailing rate of per diem wages, except that apprentices registered in programs approved by the Chief of the Division of Apprenticeship Standards may be paid at least the applicable apprentice prevailing rate.
(III)Except as provided in subclause (V), all contractors and subcontractors shall maintain and verify payroll records pursuant to Section 1776 of the Labor Code and make those records available for inspection and copying as provided in therein.
(IV)Except as provided in subclause (V), the obligation of the contractors and subcontractors to pay prevailing wages may be enforced by the Labor Commissioner through the issuance of a civil wage and penalty assessment pursuant to Section 1741 of the Labor Code, which may be reviewed pursuant to Section 1742 of the Labor Code, within 18 months after the completion of the development, by an underpaid worker through an administrative complaint or civil action, or by a joint labor-management committee though a civil action under Section 1771.2 of the Labor Code. If a civil wage and penalty assessment is issued, the contractor, subcontractor, and surety on a bond or bonds issued to secure the payment of wages covered by the assessment shall be liable for liquidated damages pursuant to Section 1742.1 of the Labor Code.
(V)Subclauses (III) and (IV) shall not apply if all contractors and subcontractors performing work on the development are subject to a project labor agreement that requires the payment of prevailing wages to all construction workers employed in the execution of the development and provides for enforcement of that obligation through an arbitration procedure. For purposes of this clause, project labor agreement has the same meaning as set forth in paragraph (1) of subdivision (b) of Section 2500 of the Public Contract Code.
(VI)Notwithstanding subdivision (c) of Section 1773.1 of the Labor Code, the requirement that employer payments not reduce the obligation to pay the hourly straight time or overtime wages found to be prevailing shall not apply if otherwise provided in a bona fide collective bargaining agreement covering the worker. The requirement to pay at least the general prevailing rate of per diem wages does not preclude use of an alternative workweek schedule adopted pursuant to Section 511 or 514 of the Labor Code.
(B)(i)For developments for which any of the following conditions apply, certified that a skilled and trained workforce shall be used to complete the development if the application is approved:
(I)On and after January 1, 2018, until December 31, 2021, the development consists of 75 or more units that are not 100 percent subsidized affordable housing and will be located within a jurisdiction located in a coastal or bay county with a population of 225,000 or more.
(II)On and after January 1, 2022, until December 31, 2025, the development consists of 50 or more units that are not 100 percent subsidized affordable housing and will be located within a jurisdiction located in a coastal or bay county with a population of 225,000 or more.
(III)On and after January 1, 2018, until December 31, 2019, the development consists of 75 or more units that are not 100 percent subsidized affordable housing and will be located within a jurisdiction with a population of fewer than 550,000 and that is not located in a coastal or bay county.
(IV)On and after January 1, 2020, until December 31, 2021, the development consists of more than 50 units and will be located within a jurisdiction with a population of fewer than 550,000 and that is not located in a coastal or bay county.
(V)On and after January 1, 2022, until December 31, 2025, the development consists of more than 25 units and will be located within a jurisdiction with a population of fewer than 550,000 and that is not located in a coastal bay county.
(ii)For purposes of this section, skilled and trained workforce has the same meaning as provided in Chapter 2.9 (commencing with Section 2600) of Part 1 of Division 2 of the Public Contract Code.
(iii)If the development proponent has certified that a skilled and trained workforce will be used to complete the development and the application is approved, the following shall apply:
(I)The applicant shall require in all contracts for the performance of work that every contractor and subcontractor at every tier will individually use a skilled and trained workforce to complete the development.
(II)Every contractor and subcontractor shall use a skilled and trained workforce to complete the development.
(III)Except as provided in subclause (IV), the applicant shall provide to the locality, on a monthly basis while the development or contract is being performed, a report demonstrating compliance with Chapter 2.9 (commencing with Section 2600) of Part 1 of Division 2 of the Public Contract Code. A monthly report provided to the locality pursuant to this subclause shall be a public record under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1) and shall be open to public inspection. An applicant that fails to provide a monthly report demonstrating compliance with Chapter 2.9 (commencing with Section 2600) of Part 1 of Division 2 of the Public Contract Code shall be subject to a civil penalty of ten thousand dollars ($10,000) per month for each month for which the report has not been provided. Any contractor or subcontractor that fails to use a skilled and trained workforce shall be subject to a civil penalty of two hundred dollars ($200) per day for each worker employed in contravention of the skilled and trained workforce requirement. Penalties may be assessed by the Labor Commissioner within 18 months of completion of the development using the same procedures for issuance of civil wage and penalty assessments pursuant to Section 1741 of the Labor Code, and may be reviewed pursuant to the same procedures in Section 1742 of the Labor Code. Penalties shall be paid to the State Public Works Enforcement Fund.
(IV)Subclause (III) shall not apply if all contractors and subcontractors performing work on the development are subject to a project labor agreement that requires compliance with the skilled and trained workforce requirement and provides for enforcement of that obligation through an arbitration procedure. For purposes of this subparagraph, project labor agreement has the same meaning as set forth in paragraph (1) of subdivision (b) of Section 2500 of the Public Contract Code.
(C)Notwithstanding subparagraphs (A) and (B), a development that is subject to approval pursuant to this section is exempt from any requirement to pay prevailing wages or use a skilled and trained workforce if it meets both of the following:
(i)The project includes 10 or fewer units.
(ii)The project is not a public work for purposes of Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code.
(9)The development did not or does not involve a subdivision of a parcel that is, or, notwithstanding this section, would otherwise be, subject to the Subdivision Map Act (Division 2 (commencing with Section 66410)) or any other applicable law authorizing the subdivision of land, unless either of the following apply:
(A)The development has received or will receive financing or funding by means of a low-income housing tax credit and is subject to the requirement that prevailing wages be paid pursuant to subparagraph (A) of paragraph (8).
(B)The development is subject to the requirement that prevailing wages be paid, and a skilled and trained workforce used, pursuant to paragraph (8).
(10)The development shall not be upon an existing parcel of land or site that is governed under the Mobilehome Residency Law (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2 of Division 2 of the Civil Code), the Recreational Vehicle Park Occupancy Law (Chapter 2.6 (commencing with Section 799.20) of Title 2 of Part 2 of Division 2 of the Civil Code), the Mobilehome Parks Act (Part 2.1 (commencing with Section 18200) of Division 13 of the Health and Safety Code), or the Special Occupancy Parks Act (Part 2.3 (commencing with Section 18860) of Division 13 of the Health and Safety Code).
(b)(1)If a local government determines that a development submitted pursuant to this section is in conflict with any of the objective planning standards specified in subdivision (a), it shall provide the development proponent written documentation of which standard or standards the development conflicts with, and an explanation for the reason or reasons the development conflicts with that standard or standards, as follows:
(A)Within 60 days of submittal of the development to the local government pursuant to this section if the development contains 150 or fewer housing units.
(B)Within 90 days of submittal of the development to the local government pursuant to this section if the development contains more than 150 housing units.
(2)If the local government fails to provide the required documentation pursuant to paragraph (1), the development shall be deemed to satisfy the objective planning standards specified in subdivision (a).
(c)Any design review or public oversight of the development may be conducted by the local governments planning commission or any equivalent board or commission responsible for review and approval of development projects, or the city council or board of supervisors, as appropriate. That design review or public oversight shall be objective and be strictly focused on assessing compliance with criteria required for streamlined projects, as well as any reasonable objective design standards published and adopted by ordinance or resolution by a local jurisdiction before submission of a development application, and shall be broadly applicable to development within the jurisdiction. That design review or public oversight shall be completed as follows and shall not in any way inhibit, chill, or preclude the ministerial approval provided by this section or its effect, as applicable:
(1)Within 90 days of submittal of the development to the local government pursuant to this section if the development contains 150 or fewer housing units.
(2)Within 180 days of submittal of the development to the local government pursuant to this section if the development contains more than 150 housing units.
(d)(1)Notwithstanding any other law, a local government, whether or not it has adopted an ordinance governing parking requirements in multifamily developments, shall not impose parking standards for a streamlined development that was approved pursuant to this section in any of the following instances:
(A)The development is located within one-half mile of public transit.
(B)The development is located within an architecturally and historically significant historic district.
(C)When on-street parking permits are required but not offered to the occupants of the development.
(D)When there is a car share vehicle located within one block of the development.
(2)If the development does not fall within any of the categories described in paragraph (1), the local government shall not impose parking requirements for streamlined developments approved pursuant to this section that exceed one parking space per unit.
(e)(1)If a local government approves a development pursuant to this section, then, notwithstanding any other law, that approval shall not expire if the project includes public investment in housing affordability, beyond tax credits, where 50 percent of the units are affordable to households making below 80 percent of the area median income.
(2)If a local government approves a development pursuant to this section and the project does not include 50 percent of the units affordable to households making below 80 percent of the area median income, that approval shall automatically expire after three years except that a project may receive a one-time, one-year extension if the project proponent can provide documentation that there has been significant progress toward getting the development construction ready, such as filing a building permit application.
(3)If a local government approves a development pursuant to this section, that approval shall remain valid for three years from the date of the final action establishing that approval and shall remain valid thereafter for a project so long as vertical construction of the development has begun and is in progress. Additionally, the development proponent may request, and the local government shall have discretion to grant, an additional one-year extension to the original three-year period. The local governments action and discretion in determining whether to grant the foregoing extension shall be limited to considerations and process set forth in this section.
(f)A local government shall not adopt any requirement, including, but not limited to, increased fees or inclusionary housing requirements, that applies to a project solely or partially on the basis that the project is eligible to receive ministerial or streamlined approval pursuant to this section.
(g)This section shall not affect a development proponents ability to use any alternative streamlined by right permit processing adopted by a local government, including the provisions of subdivision (i) of Section 65583.2.
(h)For purposes of this section:
(1)Department means the Department of Housing and Community Development.
(2)Development proponent means the developer who submits an application for streamlined approval pursuant to this section.
(3)Completed entitlements means a housing development which has received all the required land use approvals or entitlements necessary for the issuance of building permit.
(4)Locality or local government means a city, including a charter city, a county, including a charter county, or a city and county, including a charter city and county.
(5)Production report means the information reported pursuant to subparagraph (D) of paragraph (2) of subdivision (a) of Section 65400.
(6)Subsidized means units that are price or rent restricted such that the units are permanently affordable to households meeting the definitions of very low and lower income, as defined in Sections 50079.5 and 50105 of the Health and Safety Code.
(7)Reporting period means either of the following:
(A)The first half of the regional housing needs assessment cycle.
(B)The last half of the regional housing needs assessment cycle.
(8)Urban uses means any current or former residential, commercial, public institutional, transit or transportation passenger facility, or retail use, or any combination of those uses.
(i)The department may review, adopt, amend, and repeal guidelines to implement uniform standards or criteria that supplement or clarify the terms, references, or standards set forth in this section. Any guidelines or terms adopted pursuant to this subdivision shall not be subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
(j)This section shall remain in effect only until January 1, 2026, and as of that date is repealed.
SEC. 4.The Legislature finds and declares that ensuring access to affordable housing is a matter of statewide concern, and not a municipal affair. Therefore, the changes made by this act are applicable to a charter city, a charter county, and a charter city and county.
SEC. 5.Each provision of this measure is a material and integral part of this measure, and the provisions of this measure are not severable. If any provision of this measure or its application is held invalid, this entire measure shall be null and void.
SEC. 6.(a)Section 1.5 of this bill incorporates amendments to Section 65400 of the Government Code proposed by both this bill and Assembly Bill 879. That section shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2018, (2) each bill amends Section 65400 of the Government Code, and (3) this bill is enacted after Assembly Bill 879, in which case Section 1 of this bill shall not become operative.
(b)Section 2.5 of this bill incorporates amendments to Section 65582.1 of the Government Code proposed by both this bill and Assembly Bill 73. That section shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2019, (2) each bill amends Section 65582.1 of the Government Code, and (3) this bill is enacted after Assembly Bill 73, in which case Section 2 of this bill shall not become operative.
SEC. 7.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.
(a)After the legislative body has adopted all or part of a general plan, the planning agency shall do both of the following:
(1)Investigate and make recommendations to the legislative body regarding reasonable and practical means for implementing the general plan or element of the general plan, so that it will serve as an effective guide for orderly growth and development, preservation and conservation of open-space land and natural resources, and the efficient expenditure of public funds relating to the subjects addressed in the general plan.
(2)Provide by April 1 of each year an annual report to the legislative body, the Office of Planning and Research, and the Department of Housing and Community Development that includes all of the following:
(A)The status of the plan and progress in its implementation.
(B)The progress in meeting its share of regional housing needs determined pursuant to Section 65584 and local efforts to remove governmental constraints to the maintenance, improvement, and development of housing pursuant to paragraph (3) of subdivision (c) of Section 65583.
The housing element portion of the annual report, as required by this paragraph, shall be prepared through the use of standards, forms, and definitions adopted by the Department of Housing and Community Development. The department may review, adopt, amend, and repeal the standards, forms, or definitions, to implement this article. Any standards, forms, or definitions adopted to implement this article shall not be subject to Chapter 3.5 (commencing with Section 11340) or Part 1 of Division 3 of Title 2. Before and after adoption of the forms, the housing element portion of the annual report shall include a section that describes the actions taken by the local government towards completion of the programs and status of the local governments compliance with the deadlines in its housing element. That report shall be considered at an annual public meeting before the legislative body where members of the public shall be allowed to provide oral testimony and written comments.
The report may include the number of units that have been substantially rehabilitated, converted from nonaffordable to affordable by acquisition, and preserved consistent with the standards set forth in paragraph (2) of subdivision (c) of Section 65583.1. The report shall document how the units meet the standards set forth in that subdivision.
(C)The degree to which its approved general plan complies with the guidelines developed and adopted pursuant to Section 65040.2 and the date of the last revision to the general plan.
(D)The number of net new units of housing, including both rental housing and for-sale housing, that have been issued a completed entitlement, a building permit, or a certificate of occupancy, thus far in the housing element cycle, and the income category, by area median income category, that each unit of housing, including both rental housing and housing designated for home ownership, satisfies. That production report shall, for each income category described in this subparagraph, distinguish between the number of rental housing units and the number of for-sale housing units that satisfy each income category. The production report shall include, for each entitlement, building permit, or certificate of occupancy, a unique site identifier, which must include an assessors parcel number, but may also include street address or other identifiers.
(E)The number of applications submitted pursuant to subdivision (a) of Section 65913.4, the location and the total number of developments approved pursuant to subdivision (b) of Section 65913.4, the total number of building permits issued pursuant to subdivision (b) of Section 65913.4, the total number of units including both rental housing and for-sale housing by area median income category constructed using the process provided for in subdivision (b) of Section 65913.4.
(F)The Department of Housing and Community Development shall post a report submitted pursuant to this paragraph on its Internet Web site within a reasonable time of receiving the report.
(b)If a court finds, upon a motion to that effect, that a city, county, or city and county failed to submit, within 60 days of the deadline established in this section, the housing element portion of the report required pursuant to subparagraph (B) of paragraph (2) of subdivision (a) that substantially complies with the requirements of this section, the court shall issue an order or judgment compelling compliance with this section within 60 days. If the city, county, or city and county fails to comply with the courts order within 60 days, the plaintiff or petitioner may move for sanctions, and the court may, upon that motion, grant appropriate sanctions. The court shall retain jurisdiction to ensure that its order or judgment is carried out. If the court determines that its order or judgment is not carried out within 60 days, the court may issue further orders as provided by law to ensure that the purposes and policies of this section are fulfilled. This subdivision applies to proceedings initiated on or after the first day of October following the adoption of forms and definitions by the Department of Housing and Community Development pursuant to paragraph (2) of subdivision (a), but no sooner than six months following that adoption.
SEC. 1.5.Section 65400 of the Government Code is amended to read:65400.(a)After the legislative body has adopted all or part of a general plan, the planning agency shall do both of the following:
(1)Investigate and make recommendations to the legislative body regarding reasonable and practical means for implementing the general plan or element of the general plan, so that it will serve as an effective guide for orderly growth and development, preservation and conservation of open-space land and natural resources, and the efficient expenditure of public funds relating to the subjects addressed in the general plan.
(2)Provide by April 1 of each year an annual report to the legislative body, the Office of Planning and Research, and the Department of Housing and Community Development that includes all of the following:
(A)The status of the plan and progress in its implementation.
(B)The progress in meeting its share of regional housing needs determined pursuant to Section 65584 and local efforts to remove governmental constraints to the maintenance, improvement, and development of housing pursuant to paragraph (3) of subdivision (c) of Section 65583.
The housing element portion of the annual report, as required by this paragraph, shall be prepared through the use of standards, forms, and definitions adopted by the Department of Housing and Community Development. The department may review, adopt, amend, and repeal the standards, forms, or definitions, to implement this article. Any standards, forms, or definitions adopted to implement this article shall not be subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2. Before and after adoption of the forms, the housing element portion of the annual report shall include a section that describes the actions taken by the local government towards completion of the programs and status of the local governments compliance with the deadlines in its housing element. That report shall be considered at an annual public meeting before the legislative body where members of the public shall be allowed to provide oral testimony and written comments.
The report may include the number of units that have been substantially rehabilitated, converted from nonaffordable to affordable by acquisition, and preserved consistent with the standards set forth in paragraph (2) of subdivision (c) of Section 65583.1. The report shall document how the units meet the standards set forth in that subdivision.
(C)The number of housing development applications received in the prior year.
(D)The number of units included in all development applications in the prior year.
(E)The number of units approved and disapproved in the prior year.
(F)The degree to which its approved general plan complies with the guidelines developed and adopted pursuant to Section 65040.2 and the date of the last revision to the general plan.
(G)A listing of sites rezoned to accommodate that portion of the citys or countys share of the regional housing need for each income level that could not be accommodated on sites identified in the inventory required by paragraph (1) of subdivision (c) of Sections 65583 and 65584.09. The listing of sites shall also include any additional sites that may have been required to be identified by Section 65863.
(H)The number of net new units of housing, including both rental housing and for-sale housing, that have been issued a completed entitlement, a building permit, or a certificate of occupancy, thus far in the housing element cycle, and the income category, by area median income category, that each unit of housing satisfies. That production report shall, for each income category described in this subparagraph, distinguish between the number of rental housing units and the number of for-sale units that satisfy each income category. The production report shall include, for each entitlement, building permit, or certificate of occupancy, a unique site identifier which must include the assessors parcel number, but may include street address, or other identifiers.
(I)The number of applications submitted pursuant to subdivision (a) of Section 65913.4, the location and the total number of developments approved pursuant to subdivision (b) of Section 65913.4, the total number of building permits issued pursuant to subdivision (b) of Section 65913.4, the total number of units including both rental housing and for-sale housing by area median income category constructed using the process provided for in subdivision (b) of Section 65913.4.
(J)The Department of Housing and Community Development shall post a report submitted pursuant to this paragraph on its Internet Web site within a reasonable time of receiving the report.
(b)If a court finds, upon a motion to that effect, that a city, county, or city and county failed to submit, within 60 days of the deadline established in this section, the housing element portion of the report required pursuant to subparagraph (B) of paragraph (2) of subdivision (a) that substantially complies with the requirements of this section, the court shall issue an order or judgment compelling compliance with this section within 60 days. If the city, county, or city and county fails to comply with the courts order within 60 days, the plaintiff or petitioner may move for sanctions, and the court may, upon that motion, grant appropriate sanctions. The court shall retain jurisdiction to ensure that its order or judgment is carried out. If the court determines that its order or judgment is not carried out within 60 days, the court may issue further orders as provided by law to ensure that the purposes and policies of this section are fulfilled. This subdivision applies to proceedings initiated on or after the first day of October following the adoption of forms and definitions by the Department of Housing and Community Development pursuant to paragraph (2) of subdivision (a), but no sooner than six months following that adoption.
SEC. 2.Section 65582.1 of the Government Code is amended to read:65582.1.The Legislature finds and declares that it has provided reforms and incentives to facilitate and expedite the approval and construction of affordable housing. Those reforms and incentives can be found in the following provisions:
(a)Housing element law (Article 10.6 (commencing with Section 65580) of Chapter 3).
(b)Extension of statute of limitations in actions challenging the housing element and brought in support of affordable housing (subdivision (d) of Section 65009).
(c)Restrictions on disapproval of housing developments (Section 65589.5).
(d)Priority for affordable housing in the allocation of water and sewer hookups (Section 65589.7).
(e)Least cost zoning law (Section 65913.1).
(f)Density bonus law (Section 65915).
(g)Accessory dwelling units (Sections 65852.150 and 65852.2).
(h)By-right housing, in which certain multifamily housing are designated a permitted use (Section 65589.4).
(i)No-net-loss-in zoning density law limiting downzonings and density reductions (Section 65863).
(j)Requiring persons who sue to halt affordable housing to pay attorney fees (Section 65914) or post a bond (Section 529.2 of the Code of Civil Procedure).
(k)Reduced time for action on affordable housing applications under the approval of development permits process (Article 5 (commencing with Section 65950) of Chapter 4.5).
(l)Limiting moratoriums on multifamily housing (Section 65858).
(m)Prohibiting discrimination against affordable housing (Section 65008).
(n)California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3).
(o)Community redevelopment law (Part 1 (commencing with Section 33000) of Division 24 of the Health and Safety Code, and in particular Sections 33334.2 and 33413).
(p)Streamlining housing approvals during a housing shortage (Section 65913.4).
SEC. 2.5.Section 65582.1 of the Government Code is amended to read:65582.1.The Legislature finds and declares that it has provided reforms and incentives to facilitate and expedite the construction of affordable housing. Those reforms and incentives can be found in the following provisions:
(a)Housing element law (Article 10.6 (commencing with Section 65580) of Chapter 3).
(b)Extension of statute of limitations in actions challenging the housing element and brought in support of affordable housing (subdivision (d) of Section 65009).
(c)Restrictions on disapproval of housing developments (Section 65589.5).
(d)Priority for affordable housing in the allocation of water and sewer hookups (Section 65589.7).
(e)Least cost zoning law (Section 65913.1).
(f)Density bonus law (Section 65915).
(g)Accessory dwelling units (Sections 65852.150 and 65852.2).
(h)By-right housing, in which certain multifamily housing are designated a permitted use (Section 65589.4).
(i)No-net-loss-in zoning density law limiting downzonings and density reductions (Section 65863).
(j)Requiring persons who sue to halt affordable housing to pay attorney fees (Section 65914) or post a bond (Section 529.2 of the Code of Civil Procedure).
(k)Reduced time for action on affordable housing applications under the approval of development permits process (Article 5 (commencing with Section 65950) of Chapter 4.5).
(l)Limiting moratoriums on multifamily housing (Section 65858).
(m)Prohibiting discrimination against affordable housing (Section 65008).
(n)California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3).
(o)Community redevelopment law (Part 1 (commencing with Section 33000) of Division 24 of the Health and Safety Code, and in particular Sections 33334.2 and 33413).
(p)Streamlining housing approvals during a housing shortage (Section 65913.4).
(q)Housing sustainability districts (Chapter 11 (commencing with Section 66200)).
SEC. 3.Section 65913.4 is added to the Government Code, to read:65913.4.(a)A development proponent may submit an application for a development that is subject to the streamlined, ministerial approval process provided by subdivision (b) and not subject to a conditional use permit if the development satisfies all of the following objective planning standards:
(1)The development is a multifamily housing development that contains two or more residential units.
(2)The development is located on a site that satisfies all of the following:
(A)A site that is a legal parcel or parcels located in a city if, and only if, the city boundaries include some portion of either an urbanized area or urban cluster, as designated by the United States Census Bureau, or, for unincorporated areas, a legal parcel or parcels wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau.
(B)A site in which at least 75 percent of the perimeter of the site adjoins parcels that are developed with urban uses. For the purposes of this section, parcels that are only separated by a street or highway shall be considered to be adjoined.
(C)A site that is zoned for residential use or residential mixed-use development, or has a general plan designation that allows residential use or a mix of residential and nonresidential uses, with at least two-thirds of the square footage of the development designated for residential use.
(3)If the development contains units that are subsidized, the development proponent already has recorded, or is required by law to record, a land use restriction for the following applicable minimum durations:
(A)Fifty-five years for units that are rented.
(B)Forty-five years for units that are owned.
(4)The development satisfies both of the following:
(A)Is located in a locality that the department has determined is subject to this subparagraph on the basis that the number of units that have been issued building permits is less than the localitys share of the regional housing needs, by income category, for that reporting period. A locality shall remain eligible under this subparagraph until the departments determination for the next reporting period. A locality shall be subject to this subparagraph if it has not submitted an annual housing element report to the department pursuant to paragraph (2) of subdivision (a) of Section 65400 for at least two consecutive years before the development submitted an application for approval under this section.
(B)The development is subject to a requirement mandating a minimum percentage of below market rate housing based on one of the following:
(i)The locality did not submit its latest production report to the department by the time period required by Section 65400, or that production report reflects that there were fewer units of above moderate-income housing approved than were required for the regional housing needs assessment cycle for that reporting period. In addition, if the project contains more than 10 units of housing, the project seeking approval dedicates a minimum of 10 percent of the total number of units to housing affordable to households making below 80 percent of the area median income. If the locality has adopted a local ordinance that requires that greater than 10 percent of the units be dedicated to housing affordable to households making below 80 percent of the area median income, that zoning ordinance applies.
(ii)The locality did not submit its latest production report to the department by the time period required by Section 65400, or that production report reflects that there were fewer units of housing affordable to households making below 80 percent 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 dedicates 50 percent of the total number of units to housing affordable to households making below 80 percent of the area median income, unless the locality has adopted a local ordinance that requires that greater than 50 percent of the units be dedicated to housing affordable to households making below 80 percent of the area median income, in which case that ordinance applies.
(iii)The locality did not submit its latest production report to the department by the time period required by Section 65400, or if the production report reflects that there were fewer units of housing affordable to any income level described in clause (i) or (ii) that were issued building permits than were required for the regional housing needs assessment cycle for that reporting period, the project seeking approval may choose between utilizing clause (i) or (ii).
(5)The development, excluding any additional density or any other concessions, incentives, or waivers of development standards granted pursuant to the Density Bonus Law in Section 65915, is consistent with objective zoning standards and objective design review standards in effect at the time that the development is submitted to the local government pursuant to this section. For purposes of this paragraph, objective zoning standards and objective design review standards mean standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal. These standards may be embodied in alternative objective land use specifications adopted by a city or county, and may include, but are not limited to, housing overlay zones, specific plans, inclusionary zoning ordinances, and density bonus ordinances, subject to the following:
(A)A development shall be deemed consistent with the objective zoning standards related to housing density, as applicable, if the density proposed is compliant with the maximum density allowed within that land use designation, notwithstanding any specified maximum unit allocation that may result in fewer units of housing being permitted.
(B)In the event that objective zoning, general plan, or design review standards are mutually inconsistent, a development shall be deemed consistent with the objective zoning standards pursuant to this subdivision if the development is consistent with the standards set forth in the general plan.
(6)The development is not located on a site that is any of the following:
(A)A coastal zone, as defined in Division 20 (commencing with Section 30000) of the Public Resources Code.
(B)Either prime farmland or farmland of statewide importance, as defined pursuant to United States Department of Agriculture land inventory and monitoring criteria, as modified for California, and designated on the maps prepared by the Farmland Mapping and Monitoring Program of the Department of Conservation, or land zoned or designated for agricultural protection or preservation by a local ballot measure that was approved by the voters of that jurisdiction.
(C)Wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).
(D)Within a very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to Section 51178, or within a high or very high fire hazard severity zone as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to Section 4202 of the Public Resources Code. This subparagraph does not apply to sites excluded from the specified hazard zones by a local agency, pursuant to subdivision (b) of Section 51179, or sites that have adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development.
(E)A hazardous waste site that is listed pursuant to Section 65962.5 or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Section 25356 of the Health and Safety Code, unless the Department of Toxic Substances Control has cleared the site for residential use or residential mixed uses.
(F)Within a delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law (Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code), and by any local building department under Chapter 12.2 (commencing with Section 8875) of Division 1 of Title 2.
(G)Within a flood plain as determined by maps promulgated by the Federal Emergency Management Agency, unless the development has been issued a flood plain development permit pursuant to Part 59 (commencing with Section 59.1) and Part 60 (commencing with Section 60.1) of Subchapter B of Chapter I of Title 44 of the Code of Federal Regulations.
(H)Within a floodway as determined by maps promulgated by the Federal Emergency Management Agency, unless the development has received a no-rise certification in accordance with Section 60.3(d)(3) of Title 44 of the Code of Federal Regulations.
(I)Lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code), habitat conservation plan pursuant to the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), or other adopted natural resource protection plan.
(J)Habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code).
(K)Lands under conservation easement.
(7)The development is not located on a site where any of the following apply:
(A)The development would require the demolition of the following types of housing:
(i)Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.
(ii) Housing that is subject to any form of rent or price control through a public entitys valid exercise of its police power.
(iii)Housing that has been occupied by tenants within the past 10 years.
(B)The site was previously used for housing that was occupied by tenants that was demolished within 10 years before the development proponent submits an application under this section.
(C)The development would require the demolition of a historic structure that was placed on a national, state, or local historic register.
(D)The property contains housing units that are occupied by tenants, and units at the property are, or were, subsequently offered for sale to the general public by the subdivider or subsequent owner of the property.
(8)The development proponent has done both of the following, as applicable:
(A)Certified to the locality that either of the following is true, as applicable:
(i)The entirety of the development is a public work for purposes of Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code.
(ii)If the development is not in its entirety a public work, that all construction workers employed in the execution of the development will be paid at least the general prevailing rate of per diem wages for the type of work and geographic area, as determined by the Director of Industrial Relations pursuant to Sections 1773 and 1773.9 of the Labor Code, except that apprentices registered in programs approved by the Chief of the Division of Apprenticeship Standards may be paid at least the applicable apprentice prevailing rate. If the development is subject to this subparagraph, then for those portions of the development that are not a public work all of the following shall apply:
(I)The development proponent shall ensure that the prevailing wage requirement is included in all contracts for the performance of the work.
(II)All contractors and subcontractors shall pay to all construction workers employed in the execution of the work at least the general prevailing rate of per diem wages, except that apprentices registered in programs approved by the Chief of the Division of Apprenticeship Standards may be paid at least the applicable apprentice prevailing rate.
(III)Except as provided in subclause (V), all contractors and subcontractors shall maintain and verify payroll records pursuant to Section 1776 of the Labor Code and make those records available for inspection and copying as provided in therein.
(IV)Except as provided in subclause (V), the obligation of the contractors and subcontractors to pay prevailing wages may be enforced by the Labor Commissioner through the issuance of a civil wage and penalty assessment pursuant to Section 1741 of the Labor Code, which may be reviewed pursuant to Section 1742 of the Labor Code, within 18 months after the completion of the development, by an underpaid worker through an administrative complaint or civil action, or by a joint labor-management committee though a civil action under Section 1771.2 of the Labor Code. If a civil wage and penalty assessment is issued, the contractor, subcontractor, and surety on a bond or bonds issued to secure the payment of wages covered by the assessment shall be liable for liquidated damages pursuant to Section 1742.1 of the Labor Code.
(V)Subclauses (III) and (IV) shall not apply if all contractors and subcontractors performing work on the development are subject to a project labor agreement that requires the payment of prevailing wages to all construction workers employed in the execution of the development and provides for enforcement of that obligation through an arbitration procedure. For purposes of this clause, project labor agreement has the same meaning as set forth in paragraph (1) of subdivision (b) of Section 2500 of the Public Contract Code.
(VI)Notwithstanding subdivision (c) of Section 1773.1 of the Labor Code, the requirement that employer payments not reduce the obligation to pay the hourly straight time or overtime wages found to be prevailing shall not apply if otherwise provided in a bona fide collective bargaining agreement covering the worker. The requirement to pay at least the general prevailing rate of per diem wages does not preclude use of an alternative workweek schedule adopted pursuant to Section 511 or 514 of the Labor Code.
(B)(i)For developments for which any of the following conditions apply, certified that a skilled and trained workforce shall be used to complete the development if the application is approved:
(I)On and after January 1, 2018, until December 31, 2021, the development consists of 75 or more units that are not 100 percent subsidized affordable housing and will be located within a jurisdiction located in a coastal or bay county with a population of 225,000 or more.
(II)On and after January 1, 2022, until December 31, 2025, the development consists of 50 or more units that are not 100 percent subsidized affordable housing and will be located within a jurisdiction located in a coastal or bay county with a population of 225,000 or more.
(III)On and after January 1, 2018, until December 31, 2019, the development consists of 75 or more units that are not 100 percent subsidized affordable housing and will be located within a jurisdiction with a population of fewer than 550,000 and that is not located in a coastal or bay county.
(IV)On and after January 1, 2020, until December 31, 2021, the development consists of more than 50 units and will be located within a jurisdiction with a population of fewer than 550,000 and that is not located in a coastal or bay county.
(V)On and after January 1, 2022, until December 31, 2025, the development consists of more than 25 units and will be located within a jurisdiction with a population of fewer than 550,000 and that is not located in a coastal bay county.
(ii)For purposes of this section, skilled and trained workforce has the same meaning as provided in Chapter 2.9 (commencing with Section 2600) of Part 1 of Division 2 of the Public Contract Code.
(iii)If the development proponent has certified that a skilled and trained workforce will be used to complete the development and the application is approved, the following shall apply:
(I)The applicant shall require in all contracts for the performance of work that every contractor and subcontractor at every tier will individually use a skilled and trained workforce to complete the development.
(II)Every contractor and subcontractor shall use a skilled and trained workforce to complete the development.
(III)Except as provided in subclause (IV), the applicant shall provide to the locality, on a monthly basis while the development or contract is being performed, a report demonstrating compliance with Chapter 2.9 (commencing with Section 2600) of Part 1 of Division 2 of the Public Contract Code. A monthly report provided to the locality pursuant to this subclause shall be a public record under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1) and shall be open to public inspection. An applicant that fails to provide a monthly report demonstrating compliance with Chapter 2.9 (commencing with Section 2600) of Part 1 of Division 2 of the Public Contract Code shall be subject to a civil penalty of ten thousand dollars ($10,000) per month for each month for which the report has not been provided. Any contractor or subcontractor that fails to use a skilled and trained workforce shall be subject to a civil penalty of two hundred dollars ($200) per day for each worker employed in contravention of the skilled and trained workforce requirement. Penalties may be assessed by the Labor Commissioner within 18 months of completion of the development using the same procedures for issuance of civil wage and penalty assessments pursuant to Section 1741 of the Labor Code, and may be reviewed pursuant to the same procedures in Section 1742 of the Labor Code. Penalties shall be paid to the State Public Works Enforcement Fund.
(IV)Subclause (III) shall not apply if all contractors and subcontractors performing work on the development are subject to a project labor agreement that requires compliance with the skilled and trained workforce requirement and provides for enforcement of that obligation through an arbitration procedure. For purposes of this subparagraph, project labor agreement has the same meaning as set forth in paragraph (1) of subdivision (b) of Section 2500 of the Public Contract Code.
(C)Notwithstanding subparagraphs (A) and (B), a development that is subject to approval pursuant to this section is exempt from any requirement to pay prevailing wages or use a skilled and trained workforce if it meets both of the following:
(i)The project includes 10 or fewer units.
(ii)The project is not a public work for purposes of Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code.
(9)The development did not or does not involve a subdivision of a parcel that is, or, notwithstanding this section, would otherwise be, subject to the Subdivision Map Act (Division 2 (commencing with Section 66410)) or any other applicable law authorizing the subdivision of land, unless either of the following apply:
(A)The development has received or will receive financing or funding by means of a low-income housing tax credit and is subject to the requirement that prevailing wages be paid pursuant to subparagraph (A) of paragraph (8).
(B)The development is subject to the requirement that prevailing wages be paid, and a skilled and trained workforce used, pursuant to paragraph (8).
(10)The development shall not be upon an existing parcel of land or site that is governed under the Mobilehome Residency Law (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2 of Division 2 of the Civil Code), the Recreational Vehicle Park Occupancy Law (Chapter 2.6 (commencing with Section 799.20) of Title 2 of Part 2 of Division 2 of the Civil Code), the Mobilehome Parks Act (Part 2.1 (commencing with Section 18200) of Division 13 of the Health and Safety Code), or the Special Occupancy Parks Act (Part 2.3 (commencing with Section 18860) of Division 13 of the Health and Safety Code).
(b)(1)If a local government determines that a development submitted pursuant to this section is in conflict with any of the objective planning standards specified in subdivision (a), it shall provide the development proponent written documentation of which standard or standards the development conflicts with, and an explanation for the reason or reasons the development conflicts with that standard or standards, as follows:
(A)Within 60 days of submittal of the development to the local government pursuant to this section if the development contains 150 or fewer housing units.
(B)Within 90 days of submittal of the development to the local government pursuant to this section if the development contains more than 150 housing units.
(2)If the local government fails to provide the required documentation pursuant to paragraph (1), the development shall be deemed to satisfy the objective planning standards specified in subdivision (a).
(c)Any design review or public oversight of the development may be conducted by the local governments planning commission or any equivalent board or commission responsible for review and approval of development projects, or the city council or board of supervisors, as appropriate. That design review or public oversight shall be objective and be strictly focused on assessing compliance with criteria required for streamlined projects, as well as any reasonable objective design standards published and adopted by ordinance or resolution by a local jurisdiction before submission of a development application, and shall be broadly applicable to development within the jurisdiction. That design review or public oversight shall be completed as follows and shall not in any way inhibit, chill, or preclude the ministerial approval provided by this section or its effect, as applicable:
(1)Within 90 days of submittal of the development to the local government pursuant to this section if the development contains 150 or fewer housing units.
(2)Within 180 days of submittal of the development to the local government pursuant to this section if the development contains more than 150 housing units.
(d)(1)Notwithstanding any other law, a local government, whether or not it has adopted an ordinance governing parking requirements in multifamily developments, shall not impose parking standards for a streamlined development that was approved pursuant to this section in any of the following instances:
(A)The development is located within one-half mile of public transit.
(B)The development is located within an architecturally and historically significant historic district.
(C)When on-street parking permits are required but not offered to the occupants of the development.
(D)When there is a car share vehicle located within one block of the development.
(2)If the development does not fall within any of the categories described in paragraph (1), the local government shall not impose parking requirements for streamlined developments approved pursuant to this section that exceed one parking space per unit.
(e)(1)If a local government approves a development pursuant to this section, then, notwithstanding any other law, that approval shall not expire if the project includes public investment in housing affordability, beyond tax credits, where 50 percent of the units are affordable to households making below 80 percent of the area median income.
(2)If a local government approves a development pursuant to this section and the project does not include 50 percent of the units affordable to households making below 80 percent of the area median income, that approval shall automatically expire after three years except that a project may receive a one-time, one-year extension if the project proponent can provide documentation that there has been significant progress toward getting the development construction ready, such as filing a building permit application.
(3)If a local government approves a development pursuant to this section, that approval shall remain valid for three years from the date of the final action establishing that approval and shall remain valid thereafter for a project so long as vertical construction of the development has begun and is in progress. Additionally, the development proponent may request, and the local government shall have discretion to grant, an additional one-year extension to the original three-year period. The local governments action and discretion in determining whether to grant the foregoing extension shall be limited to considerations and process set forth in this section.
(f)A local government shall not adopt any requirement, including, but not limited to, increased fees or inclusionary housing requirements, that applies to a project solely or partially on the basis that the project is eligible to receive ministerial or streamlined approval pursuant to this section.
(g)This section shall not affect a development proponents ability to use any alternative streamlined by right permit processing adopted by a local government, including the provisions of subdivision (i) of Section 65583.2.
(h)For purposes of this section:
(1)Department means the Department of Housing and Community Development.
(2)Development proponent means the developer who submits an application for streamlined approval pursuant to this section.
(3)Completed entitlements means a housing development which has received all the required land use approvals or entitlements necessary for the issuance of building permit.
(4)Locality or local government means a city, including a charter city, a county, including a charter county, or a city and county, including a charter city and county.
(5)Production report means the information reported pursuant to subparagraph (D) of paragraph (2) of subdivision (a) of Section 65400.
(6)Subsidized means units that are price or rent restricted such that the units are permanently affordable to households meeting the definitions of very low and lower income, as defined in Sections 50079.5 and 50105 of the Health and Safety Code.
(7)Reporting period means either of the following:
(A)The first half of the regional housing needs assessment cycle.
(B)The last half of the regional housing needs assessment cycle.
(8)Urban uses means any current or former residential, commercial, public institutional, transit or transportation passenger facility, or retail use, or any combination of those uses.
(i)The department may review, adopt, amend, and repeal guidelines to implement uniform standards or criteria that supplement or clarify the terms, references, or standards set forth in this section. Any guidelines or terms adopted pursuant to this subdivision shall not be subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
(j)This section shall remain in effect only until January 1, 2026, and as of that date is repealed.
SEC. 4.The Legislature finds and declares that ensuring access to affordable housing is a matter of statewide concern, and not a municipal affair. Therefore, the changes made by this act are applicable to a charter city, a charter county, and a charter city and county.
SEC. 5.Each provision of this measure is a material and integral part of this measure, and the provisions of this measure are not severable. If any provision of this measure or its application is held invalid, this entire measure shall be null and void.
SEC. 6.(a)Section 1.5 of this bill incorporates amendments to Section 65400 of the Government Code proposed by both this bill and Assembly Bill 879. That section shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2018, (2) each bill amends Section 65400 of the Government Code, and (3) this bill is enacted after Assembly Bill 879, in which case Section 1 of this bill shall not become operative.
(b)Section 2.5 of this bill incorporates amendments to Section 65582.1 of the Government Code proposed by both this bill and Assembly Bill 73. That section shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2019, (2) each bill amends Section 65582.1 of the Government Code, and (3) this bill is enacted after Assembly Bill 73, in which case Section 2 of this bill shall not become operative.
SEC. 7.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.
(a)After the legislative body has adopted all or part of a general plan, the planning agency shall do both of the following:
(1)Investigate and make recommendations to the legislative body regarding reasonable and practical means for implementing the general plan or element of the general plan, so that it will serve as an effective guide for orderly growth and development, preservation and conservation of open-space land and natural resources, and the efficient expenditure of public funds relating to the subjects addressed in the general plan.
(2)Provide by April 1 of each year an annual report to the legislative body, the Office of Planning and Research, and the Department of Housing and Community Development that includes all of the following:
(A)The status of the plan and progress in its implementation.
(B)The progress in meeting its share of regional housing needs determined pursuant to Section 65584 and local efforts to remove governmental constraints to the maintenance, improvement, and development of housing pursuant to paragraph (3) of subdivision (c) of Section 65583.
The housing element portion of the annual report, as required by this paragraph, shall be prepared through the use of standards, forms, and definitions adopted by the Department of Housing and Community Development. The department may review, adopt, amend, and repeal the standards, forms, or definitions, to implement this article. Any standards, forms, or definitions adopted to implement this article shall not be subject to Chapter 3.5 (commencing with Section 11340) or Part 1 of Division 3 of Title 2. Before and after adoption of the forms, the housing element portion of the annual report shall include a section that describes the actions taken by the local government towards completion of the programs and status of the local governments compliance with the deadlines in its housing element. That report shall be considered at an annual public meeting before the legislative body where members of the public shall be allowed to provide oral testimony and written comments.
The report may include the number of units that have been substantially rehabilitated, converted from nonaffordable to affordable by acquisition, and preserved consistent with the standards set forth in paragraph (2) of subdivision (c) of Section 65583.1. The report shall document how the units meet the standards set forth in that subdivision.
(C)The degree to which its approved general plan complies with the guidelines developed and adopted pursuant to Section 65040.2 and the date of the last revision to the general plan.
(D)The number of net new units of housing, including both rental housing and for-sale housing, that have been issued a completed entitlement, a building permit, or a certificate of occupancy, thus far in the housing element cycle, and the income category, by area median income category, that each unit of housing, including both rental housing and housing designated for home ownership, satisfies. That production report shall, for each income category described in this subparagraph, distinguish between the number of rental housing units and the number of for-sale housing units that satisfy each income category. The production report shall include, for each entitlement, building permit, or certificate of occupancy, a unique site identifier, which must include an assessors parcel number, but may also include street address or other identifiers.
(E)The number of applications submitted pursuant to subdivision (a) of Section 65913.4, the location and the total number of developments approved pursuant to subdivision (b) of Section 65913.4, the total number of building permits issued pursuant to subdivision (b) of Section 65913.4, the total number of units including both rental housing and for-sale housing by area median income category constructed using the process provided for in subdivision (b) of Section 65913.4.
(F)The Department of Housing and Community Development shall post a report submitted pursuant to this paragraph on its Internet Web site within a reasonable time of receiving the report.
(b)If a court finds, upon a motion to that effect, that a city, county, or city and county failed to submit, within 60 days of the deadline established in this section, the housing element portion of the report required pursuant to subparagraph (B) of paragraph (2) of subdivision (a) that substantially complies with the requirements of this section, the court shall issue an order or judgment compelling compliance with this section within 60 days. If the city, county, or city and county fails to comply with the courts order within 60 days, the plaintiff or petitioner may move for sanctions, and the court may, upon that motion, grant appropriate sanctions. The court shall retain jurisdiction to ensure that its order or judgment is carried out. If the court determines that its order or judgment is not carried out within 60 days, the court may issue further orders as provided by law to ensure that the purposes and policies of this section are fulfilled. This subdivision applies to proceedings initiated on or after the first day of October following the adoption of forms and definitions by the Department of Housing and Community Development pursuant to paragraph (2) of subdivision (a), but no sooner than six months following that adoption.
SEC. 1.5.Section 65400 of the Government Code is amended to read:65400.(a)After the legislative body has adopted all or part of a general plan, the planning agency shall do both of the following:
(1)Investigate and make recommendations to the legislative body regarding reasonable and practical means for implementing the general plan or element of the general plan, so that it will serve as an effective guide for orderly growth and development, preservation and conservation of open-space land and natural resources, and the efficient expenditure of public funds relating to the subjects addressed in the general plan.
(2)Provide by April 1 of each year an annual report to the legislative body, the Office of Planning and Research, and the Department of Housing and Community Development that includes all of the following:
(A)The status of the plan and progress in its implementation.
(B)The progress in meeting its share of regional housing needs determined pursuant to Section 65584 and local efforts to remove governmental constraints to the maintenance, improvement, and development of housing pursuant to paragraph (3) of subdivision (c) of Section 65583.
The housing element portion of the annual report, as required by this paragraph, shall be prepared through the use of standards, forms, and definitions adopted by the Department of Housing and Community Development. The department may review, adopt, amend, and repeal the standards, forms, or definitions, to implement this article. Any standards, forms, or definitions adopted to implement this article shall not be subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2. Before and after adoption of the forms, the housing element portion of the annual report shall include a section that describes the actions taken by the local government towards completion of the programs and status of the local governments compliance with the deadlines in its housing element. That report shall be considered at an annual public meeting before the legislative body where members of the public shall be allowed to provide oral testimony and written comments.
The report may include the number of units that have been substantially rehabilitated, converted from nonaffordable to affordable by acquisition, and preserved consistent with the standards set forth in paragraph (2) of subdivision (c) of Section 65583.1. The report shall document how the units meet the standards set forth in that subdivision.
(C)The number of housing development applications received in the prior year.
(D)The number of units included in all development applications in the prior year.
(E)The number of units approved and disapproved in the prior year.
(F)The degree to which its approved general plan complies with the guidelines developed and adopted pursuant to Section 65040.2 and the date of the last revision to the general plan.
(G)A listing of sites rezoned to accommodate that portion of the citys or countys share of the regional housing need for each income level that could not be accommodated on sites identified in the inventory required by paragraph (1) of subdivision (c) of Sections 65583 and 65584.09. The listing of sites shall also include any additional sites that may have been required to be identified by Section 65863.
(H)The number of net new units of housing, including both rental housing and for-sale housing, that have been issued a completed entitlement, a building permit, or a certificate of occupancy, thus far in the housing element cycle, and the income category, by area median income category, that each unit of housing satisfies. That production report shall, for each income category described in this subparagraph, distinguish between the number of rental housing units and the number of for-sale units that satisfy each income category. The production report shall include, for each entitlement, building permit, or certificate of occupancy, a unique site identifier which must include the assessors parcel number, but may include street address, or other identifiers.
(I)The number of applications submitted pursuant to subdivision (a) of Section 65913.4, the location and the total number of developments approved pursuant to subdivision (b) of Section 65913.4, the total number of building permits issued pursuant to subdivision (b) of Section 65913.4, the total number of units including both rental housing and for-sale housing by area median income category constructed using the process provided for in subdivision (b) of Section 65913.4.
(J)The Department of Housing and Community Development shall post a report submitted pursuant to this paragraph on its Internet Web site within a reasonable time of receiving the report.
(b)If a court finds, upon a motion to that effect, that a city, county, or city and county failed to submit, within 60 days of the deadline established in this section, the housing element portion of the report required pursuant to subparagraph (B) of paragraph (2) of subdivision (a) that substantially complies with the requirements of this section, the court shall issue an order or judgment compelling compliance with this section within 60 days. If the city, county, or city and county fails to comply with the courts order within 60 days, the plaintiff or petitioner may move for sanctions, and the court may, upon that motion, grant appropriate sanctions. The court shall retain jurisdiction to ensure that its order or judgment is carried out. If the court determines that its order or judgment is not carried out within 60 days, the court may issue further orders as provided by law to ensure that the purposes and policies of this section are fulfilled. This subdivision applies to proceedings initiated on or after the first day of October following the adoption of forms and definitions by the Department of Housing and Community Development pursuant to paragraph (2) of subdivision (a), but no sooner than six months following that adoption.
SEC. 2.Section 65582.1 of the Government Code is amended to read:65582.1.The Legislature finds and declares that it has provided reforms and incentives to facilitate and expedite the approval and construction of affordable housing. Those reforms and incentives can be found in the following provisions:
(a)Housing element law (Article 10.6 (commencing with Section 65580) of Chapter 3).
(b)Extension of statute of limitations in actions challenging the housing element and brought in support of affordable housing (subdivision (d) of Section 65009).
(c)Restrictions on disapproval of housing developments (Section 65589.5).
(d)Priority for affordable housing in the allocation of water and sewer hookups (Section 65589.7).
(e)Least cost zoning law (Section 65913.1).
(f)Density bonus law (Section 65915).
(g)Accessory dwelling units (Sections 65852.150 and 65852.2).
(h)By-right housing, in which certain multifamily housing are designated a permitted use (Section 65589.4).
(i)No-net-loss-in zoning density law limiting downzonings and density reductions (Section 65863).
(j)Requiring persons who sue to halt affordable housing to pay attorney fees (Section 65914) or post a bond (Section 529.2 of the Code of Civil Procedure).
(k)Reduced time for action on affordable housing applications under the approval of development permits process (Article 5 (commencing with Section 65950) of Chapter 4.5).
(l)Limiting moratoriums on multifamily housing (Section 65858).
(m)Prohibiting discrimination against affordable housing (Section 65008).
(n)California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3).
(o)Community redevelopment law (Part 1 (commencing with Section 33000) of Division 24 of the Health and Safety Code, and in particular Sections 33334.2 and 33413).
(p)Streamlining housing approvals during a housing shortage (Section 65913.4).
SEC. 2.5.Section 65582.1 of the Government Code is amended to read:65582.1.The Legislature finds and declares that it has provided reforms and incentives to facilitate and expedite the construction of affordable housing. Those reforms and incentives can be found in the following provisions:
(a)Housing element law (Article 10.6 (commencing with Section 65580) of Chapter 3).
(b)Extension of statute of limitations in actions challenging the housing element and brought in support of affordable housing (subdivision (d) of Section 65009).
(c)Restrictions on disapproval of housing developments (Section 65589.5).
(d)Priority for affordable housing in the allocation of water and sewer hookups (Section 65589.7).
(e)Least cost zoning law (Section 65913.1).
(f)Density bonus law (Section 65915).
(g)Accessory dwelling units (Sections 65852.150 and 65852.2).
(h)By-right housing, in which certain multifamily housing are designated a permitted use (Section 65589.4).
(i)No-net-loss-in zoning density law limiting downzonings and density reductions (Section 65863).
(j)Requiring persons who sue to halt affordable housing to pay attorney fees (Section 65914) or post a bond (Section 529.2 of the Code of Civil Procedure).
(k)Reduced time for action on affordable housing applications under the approval of development permits process (Article 5 (commencing with Section 65950) of Chapter 4.5).
(l)Limiting moratoriums on multifamily housing (Section 65858).
(m)Prohibiting discrimination against affordable housing (Section 65008).
(n)California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3).
(o)Community redevelopment law (Part 1 (commencing with Section 33000) of Division 24 of the Health and Safety Code, and in particular Sections 33334.2 and 33413).
(p)Streamlining housing approvals during a housing shortage (Section 65913.4).
(q)Housing sustainability districts (Chapter 11 (commencing with Section 66200)).
SEC. 3.Section 65913.4 is added to the Government Code, to read:65913.4.(a)A development proponent may submit an application for a development that is subject to the streamlined, ministerial approval process provided by subdivision (b) and not subject to a conditional use permit if the development satisfies all of the following objective planning standards:
(1)The development is a multifamily housing development that contains two or more residential units.
(2)The development is located on a site that satisfies all of the following:
(A)A site that is a legal parcel or parcels located in a city if, and only if, the city boundaries include some portion of either an urbanized area or urban cluster, as designated by the United States Census Bureau, or, for unincorporated areas, a legal parcel or parcels wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau.
(B)A site in which at least 75 percent of the perimeter of the site adjoins parcels that are developed with urban uses. For the purposes of this section, parcels that are only separated by a street or highway shall be considered to be adjoined.
(C)A site that is zoned for residential use or residential mixed-use development development, or has a general plan designation that allows residential use or a mix of residential and nonresidential uses, with at least two-thirds of the square footage of the development designated for residential use.
(3)If the development contains units that are subsidized, the development proponent already has recorded, or is required by law to record, a land use restriction for the following applicable minimum durations:
(A)Fifty-five years for units that are rented.
(B)Forty-five years for units that are owned.
(4)The development satisfies both of the following:
(A)Is located in a locality that the department has determined is subject to this subparagraph on the basis that the number of units that have been issued building permits is less than the localitys share of the regional housing needs, by income category, for that reporting period. A locality shall remain eligible under this subparagraph until the departments determination for the next reporting period. A locality shall be subject to this subparagraph if it has not submitted an annual housing element report to the department pursuant to paragraph (2) of subdivision (a) of Section 65400 for at least two consecutive years before the development submitted an application for approval under this section.
(B)The development is subject to a requirement mandating a minimum percentage of below market rate housing based on either one of the following:
(i)The locality did not submit its latest production report to the department by the time period required by Section 65400, or that production report reflects that there were fewer units of above moderate-income housing approved than were required for the regional housing needs assessment cycle for that reporting period. In addition, if the project contains more than 10 units of housing, the project seeking approval dedicates a minimum of 10 percent of the total number of units to housing affordable to households making below 80 percent of the area median income. If the locality has adopted a local ordinance that requires that greater than 10 percent of the units be dedicated to housing affordable to households making below 80 percent of the area median income, that zoning ordinance applies.
(ii)The locality did not submit its latest production report to the department by the time period required by Section 65400, or that production report reflects that there were fewer units of housing affordable to households making below 80 percent 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 dedicates 50 percent of the total number of units to housing affordable to households making below 80 percent of the area median income, unless the locality has adopted a local ordinance that requires that greater than 50 percent of the units be dedicated to housing affordable to households making below 80 percent of the area median income, in which case that ordinance applies.
(iii)The locality did not submit its latest production report to the department by the time period required by Section 65400, or if the production report reflects that there were fewer units of housing affordable to any income level that were issued building permits than were required for the regional housing needs assessment cycle for that reporting period, the project seeking approval may choose between utilizing clause (i) or (ii).
(5)The development, excluding any additional density or any other concessions, incentives, or waivers of development standards granted pursuant to the Density Bonus Law in Section 65915, is consistent with objective zoning standards and objective design review standards in effect at the time that the development is submitted to the local government pursuant to this section. For purposes of this paragraph, objective zoning standards and objective design review standards mean standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal. These standards may be embodied in alternative objective land use specifications adopted by a city or county, and may include, but are not limited to, housing overlay zones, specific plans, inclusionary zoning ordinances, and density bonus ordinances. ordinances, subject to the following:
(A)A development shall be deemed consistent with the objective zoning standards related to housing density, as applicable, if the density proposed is compliant with the maximum density allowed within that land use designation, notwithstanding any specified maximum unit allocation that may result in fewer units of housing being permitted.
(B)In the event that objective zoning, general plan, or design review standards are mutually inconsistent, a development shall be deemed consistent with the objective zoning standards pursuant to this subdivision if the development is consistent with the standards set forth in the general plan.
(6)The development is not located on a site that is any of the following:(A)A coastal zone, as defined in Division 20 (commencing with Section 30000) of the Public Resources Code.(B)Either prime farmland or farmland of statewide importance, as defined pursuant to United States Department of Agriculture land inventory and monitoring criteria, as modified for California, and designated on the maps prepared by the Farmland Mapping and Monitoring Program of the Department of Conservation, or land zoned or designated for agricultural protection or preservation by a local ballot measure that was approved by the voters of that jurisdiction.(C)Wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).(D)Within a very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to Section 51178, or within a high or very high fire hazard severity zone as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to Section 4202 of the Public Resources Code. This subparagraph does not apply to sites excluded from the specified hazard zones by a local agency, pursuant to subdivision (b) of Section 51179, or sites that have adopted sufficient fire hazard mitigation measures as may be determined by their local agency with land use authority. pursuant to existing building standards or state fire mitigation measures applicable to the development.(E)A hazardous waste site that is listed pursuant to Section 65962.5 or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Section 25356 of the Health and Safety Code, unless the Department of Toxic Substances Control has cleared the site for residential use or residential mixed uses.(F)Within a delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law (Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code), and by any local building department under Chapter 12.2 (commencing with Section 8875) of Division 1 of Title 2.(G)Within a flood plain as determined by maps promulgated by the Federal Emergency Management Agency, unless the development has been issued a flood plain development permit pursuant to Part 59 (commencing with Section 59.1) and Part 60 (commencing with Section 60.1) of Subchapter B of Chapter I of Title 44 of the Code of Federal Regulations.(H)Within a floodway as determined by maps promulgated by the Federal Emergency Management Agency, unless the development has received a no-rise certification in accordance with Section 60.3(d)(3) of Title 44 of the Code of Federal Regulations.(I)Lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code), habitat conservation plan pursuant to the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), or other adopted natural resource protection plan.(J)Habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code).(K)Lands under conservation easement.(7)The development is not located on a site where any of the following apply:(A)The development would require the demolition of the following types of housing:(i)Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.
(ii) Housing that is subject to any form of rent or price control through a public entitys valid exercise of its police power.
(iii)Housing that has been occupied by tenants within the past 10 years.
(B)The site was previously used for housing that was occupied by tenants that was demolished within 10 years before the development proponent submits an application under this section. (C)The development would require the demolition of a historic structure that was placed on a national, state, or local historic register.(D)The property contains housing units that are occupied by tenants, and units at the property are, or were, subsequently offered for sale to the general public by the subdivider or subsequent owner of the property.
(8)The development proponent has done both of the following, as applicable:
(A)Certified to the locality that either of the following is true, as applicable:
(i)The entirety of the development is a public work for purposes of Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code.
(ii)If the development is not in its entirety a public work, that all construction workers employed in the execution of the development will be paid at least the general prevailing rate of per diem wages for the type of work and geographic area, as determined by the Director of Industrial Relations pursuant to Sections 1773 and 1773.9 of the Labor Code, except that apprentices registered in programs approved by the Chief of the Division of Apprenticeship Standards may be paid at least the applicable apprentice prevailing rate. If the development is subject to this subparagraph, then for those portions of the development that are not a public work all of the following shall apply:
(I)The development proponent shall ensure that the prevailing wage requirement is included in all contracts for the performance of the work.
(II)All contractors and subcontractors shall pay to all construction workers employed in the execution of the work at least the general prevailing rate of per diem wages, except that apprentices registered in programs approved by the Chief of the Division of Apprenticeship Standards may be paid at least the applicable apprentice prevailing rate.
(III)Except as provided in subclause (V), all contractors and subcontractors shall maintain and verify payroll records pursuant to Section 1776 of the Labor Code and make those records available for inspection and copying as provided in therein.
(IV)Except as provided in subclause (V), the obligation of the contractors and subcontractors to pay prevailing wages may be enforced by the Labor Commissioner through the issuance of a civil wage and penalty assessment pursuant to Section 1741 of the Labor Code, which may be reviewed pursuant to Section 1742 of the Labor Code, within 18 months after the completion of the development, by an underpaid worker through an administrative complaint or civil action, or by a joint labor-management committee though a civil action under Section 1771.2 of the Labor Code. If a civil wage and penalty assessment is issued, the contractor, subcontractor, and surety on a bond or bonds issued to secure the payment of wages covered by the assessment shall be liable for liquidated damages pursuant to Section 1742.1 of the Labor Code.
(V)Subclauses (III) and (IV) shall not apply if all contractors and subcontractors performing work on the development are subject to a project labor agreement that requires the payment of prevailing wages to all construction workers employed in the execution of the development and provides for enforcement of that obligation through an arbitration procedure. For purposes of this clause, project labor agreement has the same meaning as set forth in paragraph (1) of subdivision (b) of Section 2500 of the Public Contract Code.
(VI)Notwithstanding subdivision (c) of Section 1773.1 of the Labor Code, the requirement that employer payments not reduce the obligation to pay the hourly straight time or overtime wages found to be prevailing shall not apply if otherwise provided in a bona fide collective bargaining agreement covering the worker. The requirement to pay at least the general prevailing rate of per diem wages does not preclude use of an alternative workweek schedule adopted pursuant to Section 511 or 514 of the Labor Code.
(B)(i)For developments for which any of the following conditions apply, certified that a skilled and trained workforce shall be used to complete the development if the application is approved:
(I)On and after January 1, 2018, until December 31, 2021, the development consists of 75 or more units that are not 100 percent subsidized affordable housing and will be located within a jurisdiction located in a coastal or bay county with a population of 225,000 or more.
(II)On and after January 1, 2022, until December 31, 2025, the development consists of 50 or more units that are not 100 percent subsidized affordable housing and will be located within a jurisdiction located in a coastal or bay county with a population of 225,000 or more.
(III)On and after January 1, 2018, until December 31, 2019, the development consists of 75 or more units that are not 100 percent subsidized affordable housing and will be located within a jurisdiction with a population of fewer than 550,000 and that is not located in a coastal or bay county.
(IV)On and after January 1, 2020, until December 31, 2021, the development consists of more than 50 units and will be located within a jurisdiction with a population of fewer than 550,000 and that is not located in a coastal or bay county.
(V)On and after January 1, 2022, until December 31, 2025, the development consists of more than 25 units and will be located within a jurisdiction with a population of fewer than 550,000 and that is not located in a coastal bay county.
(ii)For purposes of this section, skilled and trained workforce has the same meaning as provided in Chapter 2.9 (commencing with Section 2600) of Part 1 of Division 2 of the Public Contract Code.
(iii)If the development proponent has certified that a skilled and trained workforce will be used to complete the development and the application is approved, the following shall apply:
(I)The applicant shall require in all contracts for the performance of work that every contractor and subcontractor at every tier will individually use a skilled and trained workforce to complete the development.
(II)Every contractor and subcontractor shall use a skilled and trained workforce to complete the development.
(III)Except as provided in subclause (IV), the applicant shall provide to the locality, on a monthly basis while the development or contract is being performed, a report demonstrating compliance with Chapter 2.9 (commencing with Section 2600) of Part 1 of Division 2 of the Public Contract Code. A monthly report provided to the locality pursuant to this subclause shall be a public record under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1) and shall be open to public inspection. An applicant that fails to provide a monthly report demonstrating compliance with Chapter 2.9 (commencing with Section 2600) of Part 1 of Division 2 of the Public Contract Code shall be subject to a civil penalty of ten thousand dollars ($10,000) per month for each month for which the report has not been provided. Any contractor or subcontractor that fails to use a skilled and trained workforce shall be subject to a civil penalty of two hundred dollars ($200) per day for each worker employed in contravention of the skilled and trained workforce requirement. Penalties may be assessed by the Labor Commissioner within 18 months of completion of the development using the same procedures for issuance of civil wage and penalty assessments pursuant to Section 1741 of the Labor Code, and may be reviewed pursuant to the same procedures in Section 1742 of the Labor Code. Penalties shall be paid to the State Public Works Enforcement Fund.
(IV)Subclause (III) shall not apply if all contractors and subcontractors performing work on the development are subject to a project labor agreement that requires compliance with the skilled and trained workforce requirement and provides for enforcement of that obligation through an arbitration procedure. For purposes of this subparagraph, project labor agreement has the same meaning as set forth in paragraph (1) of subdivision (b) of Section 2500 of the Public Contract Code.
(C)Notwithstanding subparagraphs (A) and (B), a development that is subject to approval pursuant to this section is exempt from any requirement to pay prevailing wages or use a skilled and trained workforce if it meets both of the following:
(i)The project includes 10 or fewer units.
(ii)The project is not a public work for purposes of Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code.
(9)The development did not or does not involve a subdivision of a parcel that is, or, notwithstanding this section, would otherwise be, subject to the Subdivision Map Act (Division 2 (commencing with Section 66410)) or any other applicable law authorizing the subdivision of land, unless either of the following apply:
(A)The development has received or will receive financing or funding by means of a low-income housing tax credit and is subject to the requirement that prevailing wages be paid pursuant to subparagraph (A) of paragraph (8).
(B)The development is subject to the requirement that prevailing wages be paid, and a skilled and trained workforce used, pursuant to paragraph (8).
(10)The development shall not be upon an existing parcel of land or site that is governed under the Mobilehome Residency Law (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2 of Division 2 of the Civil Code), the Recreational Vehicle Park Occupancy Law (Chapter 2.6 (commencing with Section 799.20) of Title 2 of Part 2 of Division 2 of the Civil Code), the Mobilehome Parks Act (Part 2.1 (commencing with Section 18200) of Division 13 of the Health and Safety Code), or the Special Occupancy Parks Act (Part 2.3 (commencing with Section 18860) of Division 13 of the Health and Safety Code).
(b)(1)If a local government determines that a development submitted pursuant to this section is in conflict with any of the objective planning standards specified in subdivision (a), it shall provide the development proponent written documentation of which standard or standards the development conflicts with, and an explanation for the reason or reasons the development conflicts with that standard or standards, as follows:
(A)Within 60 days of submittal of the development to the local government pursuant to this section if the development contains 150 or fewer housing units.
(B)Within 90 days of submittal of the development to the local government pursuant to this section if the development contains more than 150 housing units.
(2)If the local government fails to provide the required documentation pursuant to paragraph (1), the development shall be deemed to satisfy the objective planning standards specified in subdivision (a).
(c)Any design review or public oversight of the development may be conducted by the local governments planning commission or any equivalent board or commission responsible for review and approval of development projects, or the city council or board of supervisors, as appropriate. That design review or public oversight shall be objective and be strictly focused on assessing compliance with criteria required for streamlined projects, as well as any reasonable objective design standards published and adopted by ordinance or resolution by a local jurisdiction before submission of a development application, and shall be broadly applicable to development within the jurisdiction. That design review or public oversight shall be completed as follows and shall not in any way inhibit, chill, or preclude the ministerial approval provided by this section or its effect, as applicable:
(1)Within 90 days of submittal of the development to the local government pursuant to this section if the development contains 150 or fewer housing units.
(2)Within 180 days of submittal of the development to the local government pursuant to this section if the development contains more than 150 housing units.
(d)(1)Notwithstanding any other law, a local government, whether or not it has adopted an ordinance governing parking requirements in multifamily developments, shall not impose parking standards for a streamlined development that was approved pursuant to this section in any of the following instances:
(A)The development is located within one-half mile of public transit.
(B)The development is located within an architecturally and historically significant historic district.
(C)When on-street parking permits are required but not offered to the occupants of the development.
(D)When there is a car share vehicle located within one block of the development.
(2)If the development does not fall within any of the categories described in paragraph (1), the local government shall not impose parking requirements for streamlined developments approved pursuant to this section that exceed one parking space per unit.
(e)(1)If a local government approves a development pursuant to this section, then, notwithstanding any other law, that approval shall not expire if the project includes public investment in housing affordability, beyond tax credits, where 50 percent of the units are affordable to households making below 80 percent of the area median income.
(2)If a local government approves a development pursuant to this section and the project does not include 50 percent of the units affordable to households making below 80 percent of the area median income, that approval shall automatically expire after three years except that a project may receive a one-time, one-year extension if the project proponent can provide documentation that there has been significant progress toward getting the development construction ready, such as filing a building permit application.
(3)If a local government approves a development pursuant to this section, that approval shall remain valid for three years from the date of the final action establishing that approval and shall remain valid thereafter for a project so long as vertical construction of the development has begun and is in progress. Additionally, the development proponent may request, and the local government shall have discretion to grant, an additional one-year extension to the original three-year period. The local governments action and discretion in determining whether to grant the foregoing extension shall be limited to considerations and process set forth in this section.
(f)A local government shall not adopt any requirement, including, but not limited to, increased fees or inclusionary housing requirements, that applies to a project solely or partially on the basis that the project is eligible to receive ministerial or streamlined approval pursuant to this section.
(g)This section shall not affect a development proponents ability to use any alternative streamlined by right permit processing adopted by a local government, including the provisions of subdivision (i) of Section 65583.2.
(h)For purposes of this section:
(1)Department means the Department of Housing and Community Development.
(1)(2)Development proponent means the developer who submits an application for streamlined approval pursuant to this section.
(2)(3)Completed entitlements means a housing development which has received all the required land use approvals or entitlements necessary for the issuance of building permit.
(3)(4)Locality or local government means a city, including a charter city, a county, including a charter county, or a city and county, including a charter city and county.
(4)(5)Production report means the information reported pursuant to subparagraph (D) of paragraph (2) of subdivision (a) of Section 65400.
(5)(6)Subsidized means units that are price or rent restricted such that the units are permanently affordable to households meeting the definitions of very low and lower income, as defined in Sections 50079.5 and 50105 of the Health and Safety Code.
(6)(7)Reporting period means either of the following:
(A)The first half of the regional housing needs assessment cycle.
(B)The last half of the regional housing needs assessment cycle.
(7)(8)Urban uses means any current or former residential, commercial, public institutional, transit or transportation passenger facility, or retail use, or any combination of those uses.
(i)The department may review, adopt, amend, and repeal guidelines to implement uniform standards or criteria that supplement or clarify the terms, references, or standards set forth in this section. Any guidelines or terms adopted pursuant to this subdivision shall not be subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
(i)(j)This Section section shall remain in effect only until January 1, 2026, and as of that date is repealed.
SEC. 4.The Legislature finds and declares that ensuring access to affordable housing is a matter of statewide concern, and not a municipal affair. Therefore, the changes made by this act are applicable to a charter city, a charter county, and a charter city and county.
SEC. 5.Each provision of this measure is a material and integral part of this measure, and the provisions of this measure are not severable. If any provision of this measure or its application is held invalid, this entire measure shall be null and void.
SEC. 6.(a)Section 1.5 of this bill incorporates amendments to Section 65400 of the Government Code proposed by both this bill and Assembly Bill 879. That section shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2018, (2) each bill amends Section 65400 of the Government Code, and (3) this bill is enacted after Assembly Bill 879, in which case Section 1 of this bill shall not become operative.
(b)Section 2.5 of this bill incorporates amendments to Section 65582.1 of the Government Code proposed by both this bill and Assembly Bill 73. That section shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2019, (2) each bill amends Section 65582.1 of the Government Code, and (3) this bill is enacted after Assembly Bill 73, in which case Section 2 of this bill shall not become operative.
SEC. 7.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.
(a)After the legislative body has adopted all or part of a general plan, the planning agency shall do both of the following:
(1)Investigate and make recommendations to the legislative body regarding reasonable and practical means for implementing the general plan or element of the general plan, so that it will serve as an effective guide for orderly growth and development, preservation and conservation of open-space land and natural resources, and the efficient expenditure of public funds relating to the subjects addressed in the general plan.
(2)Provide by April 1 of each year an annual report to the legislative body, the Office of Planning and Research, and the Department of Housing and Community Development that includes all of the following:
(A)The status of the plan and progress in its implementation.
(B)The progress in meeting its share of regional housing needs determined pursuant to Section 65584 and local efforts to remove governmental constraints to the maintenance, improvement, and development of housing pursuant to paragraph (3) of subdivision (c) of Section 65583.
The housing element portion of the annual report, as required by this paragraph, shall be prepared through the use of forms standards, forms, and definitions adopted by the Department of Housing and Community Development pursuant to the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2). Development. The department may review, adopt, amend, and repeal the standards, forms, or definitions, to implement this article. Any standards, forms, or definitions adopted to implement this article shall not be subject to Chapter 3.5 (commencing with Section 11340) or Part 1 of Division 3 of Title 2. Before and after adoption of the forms, the housing element portion of the annual report shall include a section that describes the actions taken by the local government towards completion of the programs and status of the local governments compliance with the deadlines in its housing element. That report shall be considered at an annual public meeting before the legislative body where members of the public shall be allowed to provide oral testimony and written comments.
The report may include the number of units that have been substantially rehabilitated, converted from nonaffordable to affordable by acquisition, and preserved consistent with the standards set forth in paragraph (2) of subdivision (c) of Section 65583.1. The report shall document how the units meet the standards set forth in that subdivision.
(C)The degree to which its approved general plan complies with the guidelines developed and adopted pursuant to Section 65040.2 and the date of the last revision to the general plan.
(D)The number of net new units of housing, including both rental housing and housing designated for home ownership, for-sale housing, that have been issued an a completed entitlement, a building permit, or a certificate of occupancy, thus far in the housing element cycle, and the income category, by area median income category, that each unit of housing, including both rental housing and housing designated for home ownership, satisfies. That production report shall, for each income category described in this subparagraph, distinguish between the number of rental housing units that satisfy each income category and the number of for-sale housing units that are housing designated for home ownership that satisfy each income category. The production report shall include, for each entitlement, building permit, or certificate of occupancy, a unique site identifier, such as street address, ZIP Code, or assessors parcel number. which must include an assessors parcel number, but may also include street address or other identifiers.
(E)The number of applications submitted pursuant to subdivision (a) of Section 65913.4, the location and the total number of developments approved pursuant to subdivision (b) of Section 65913.4, the total number of building permits issued pursuant to subdivision (b) of Section 65913.4, the total number of units including both rental housing and for-sale housing by area median income category constructed using the process provided for in subdivision (b) of Section 65913.4.
(E)(F)The Department of Housing and Community Development shall post a report submitted pursuant to this paragraph on its Internet Web site within a reasonable time of receiving the report.
(b)If a court finds, upon a motion to that effect, that a city, county, or city and county failed to submit, within 60 days of the deadline established in this section, the housing element portion of the report required pursuant to subparagraph (B) of paragraph (2) of subdivision (a) that substantially complies with the requirements of this section, the court shall issue an order or judgment compelling compliance with this section within 60 days. If the city, county, or city and county fails to comply with the courts order within 60 days, the plaintiff or petitioner may move for sanctions, and the court may, upon that motion, grant appropriate sanctions. The court shall retain jurisdiction to ensure that its order or judgment is carried out. If the court determines that its order or judgment is not carried out within 60 days, the court may issue further orders as provided by law to ensure that the purposes and policies of this section are fulfilled. This subdivision applies to proceedings initiated on or after the first day of October following the adoption of forms and definitions by the Department of Housing and Community Development pursuant to paragraph (2) of subdivision (a), but no sooner than six months following that adoption.
SEC. 1.5.Section 65400 of the Government Code is amended to read:65400.(a)After the legislative body has adopted all or part of a general plan, the planning agency shall do both of the following:
(1)Investigate and make recommendations to the legislative body regarding reasonable and practical means for implementing the general plan or element of the general plan, so that it will serve as an effective guide for orderly growth and development, preservation and conservation of open-space land and natural resources, and the efficient expenditure of public funds relating to the subjects addressed in the general plan.
(2)Provide by April 1 of each year an annual report to the legislative body, the Office of Planning and Research, and the Department of Housing and Community Development that includes all of the following:
(A)The status of the plan and progress in its implementation.
(B)The progress in meeting its share of regional housing needs determined pursuant to Section 65584 and local efforts to remove governmental constraints to the maintenance, improvement, and development of housing pursuant to paragraph (3) of subdivision (c) of Section 65583.
The housing element portion of the annual report, as required by this paragraph, shall be prepared through the use of forms standards, forms, and definitions adopted by the Department of Housing and Community Development pursuant to the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2). Prior to Development. The department may review, adopt, amend, and repeal the standards, forms, or definitions, to implement this article. Any standards, forms, or definitions adopted to implement this article shall not be subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2. Before and after adoption of the forms, the housing element portion of the annual report shall include a section that describes the actions taken by the local government towards completion of the programs and status of the local governments compliance with the deadlines in its housing element. That report shall be considered at an annual public meeting before the legislative body where members of the public shall be allowed to provide oral testimony and written comments.
The report may include the number of units that have been substantially rehabilitated, converted from nonaffordable to affordable by acquisition, and preserved consistent with the standards set forth in paragraph (2) of subdivision (c) of Section 65583.1. The report shall document how the units meet the standards set forth in that subdivision.
(C)The number of housing development applications received in the prior year.
(D)The number of units included in all development applications in the prior year.
(E)The number of units approved and disapproved in the prior year.
(C)(F)The degree to which its approved general plan complies with the guidelines developed and adopted pursuant to Section 65040.2 and the date of the last revision to the general plan.
(G)A listing of sites rezoned to accommodate that portion of the citys or countys share of the regional housing need for each income level that could not be accommodated on sites identified in the inventory required by paragraph (1) of subdivision (c) of Sections 65583 and 65584.09. The listing of sites shall also include any additional sites that may have been required to be identified by Section 65863.
(H)The number of net new units of housing, including both rental housing and for-sale housing, that have been issued a completed entitlement, a building permit, or a certificate of occupancy, thus far in the housing element cycle, and the income category, by area median income category, that each unit of housing satisfies. That production report shall, for each income category described in this subparagraph, distinguish between the number of rental housing units and the number of for-sale units that satisfy each income category. The production report shall include, for each entitlement, building permit, or certificate of occupancy, a unique site identifier which must include the assessors parcel number, but may include street address, or other identifiers.
(I)The number of applications submitted pursuant to subdivision (a) of Section 65913.4, the location and the total number of developments approved pursuant to subdivision (b) of Section 65913.4, the total number of building permits issued pursuant to subdivision (b) of Section 65913.4, the total number of units including both rental housing and for-sale housing by area median income category constructed using the process provided for in subdivision (b) of Section 65913.4.
(J)The Department of Housing and Community Development shall post a report submitted pursuant to this paragraph on its Internet Web site within a reasonable time of receiving the report.
(b)If a court finds, upon a motion to that effect, that a city, county, or city and county failed to submit, within 60 days of the deadline established in this section, the housing element portion of the report required pursuant to subparagraph (B) of paragraph (2) of subdivision (a) that substantially complies with the requirements of this section, the court shall issue an order or judgment compelling compliance with this section within 60 days. If the city, county, or city and county fails to comply with the courts order within 60 days, the plaintiff or petitioner may move for sanctions, and the court may, upon that motion, grant appropriate sanctions. The court shall retain jurisdiction to ensure that its order or judgment is carried out. If the court determines that its order or judgment is not carried out within 60 days, the court may issue further orders as provided by law to ensure that the purposes and policies of this section are fulfilled. This subdivision applies to proceedings initiated on or after the first day of October following the adoption of forms and definitions by the Department of Housing and Community Development pursuant to paragraph (2) of subdivision (a), but no sooner than six months following that adoption.
SEC. 2.Section 65582.1 of the Government Code is amended to read:65582.1.The Legislature finds and declares that it has provided reforms and incentives to facilitate and expedite the approval and construction of affordable housing. Those reforms and incentives can be found in the following provisions:
(a)Housing element law (Article 10.6 (commencing with Section 65580) of Chapter 3).
(b)Extension of statute of limitations in actions challenging the housing element and brought in support of affordable housing (subdivision (d) of Section 65009).
(c)Restrictions on disapproval of housing developments (Section 65589.5).
(d)Priority for affordable housing in the allocation of water and sewer hookups (Section 65589.7).
(e)Least cost zoning law (Section 65913.1).
(f)Density bonus law (Section 65915).
(g)Accessory dwelling units (Sections 65852.150 and 65852.2).
(h)By-right housing, in which certain multifamily housing are designated a permitted use (Section 65589.4).
(i)No-net-loss-in zoning density law limiting downzonings and density reductions (Section 65863).
(j)Requiring persons who sue to halt affordable housing to pay attorney fees (Section 65914) or post a bond (Section 529.2 of the Code of Civil Procedure).
(k)Reduced time for action on affordable housing applications under the approval of development permits process (Article 5 (commencing with Section 65950) of Chapter 4.5).
(l)Limiting moratoriums on multifamily housing (Section 65858).
(m)Prohibiting discrimination against affordable housing (Section 65008).
(n)California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3).
(o)Community redevelopment law (Part 1 (commencing with Section 33000) of Division 24 of the Health and Safety Code, and in particular Sections 33334.2 and 33413).
(p)Streamlining housing approvals during a housing shortage (Section 65913.4).
SEC. 2.5.Section 65582.1 of the Government Code is amended to read:65582.1.The Legislature finds and declares that it has provided reforms and incentives to facilitate and expedite the construction of affordable housing. Those reforms and incentives can be found in the following provisions:
(a)Housing element law (Article 10.6 (commencing with Section 65580) of Chapter 3).
(b)Extension of statute of limitations in actions challenging the housing element and brought in support of affordable housing (subdivision (d) of Section 65009).
(c)Restrictions on disapproval of housing developments (Section 65589.5).
(d)Priority for affordable housing in the allocation of water and sewer hookups (Section 65589.7).
(e)Least cost zoning law (Section 65913.1).
(f)Density bonus law (Section 65915).
(g)Accessory dwelling units (Sections 65852.150 and 65852.2).
(h)By-right housing, in which certain multifamily housing are designated a permitted use (Section 65589.4).
(i)No-net-loss-in zoning density law limiting downzonings and density reductions (Section 65863).
(j)Requiring persons who sue to halt affordable housing to pay attorney fees (Section 65914) or post a bond (Section 529.2 of the Code of Civil Procedure).
(k)Reduced time for action on affordable housing applications under the approval of development permits process (Article 5 (commencing with Section 65950) of Chapter 4.5).
(l)Limiting moratoriums on multifamily housing (Section 65858).
(m)Prohibiting discrimination against affordable housing (Section 65008).
(n)California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3).
(o)Community redevelopment law (Part 1 (commencing with Section 33000) of Division 24 of the Health and Safety Code, and in particular Sections 33334.2 and 33413).
(p)Streamlining housing approvals during a housing shortage (Section 65913.4).
(q)Housing sustainability districts (Chapter 11 (commencing with Section 66200)).
SEC. 3.Section 65913.4 is added to the Government Code, to read:65913.4.(a)A development proponent may submit an application for a development that is subject to the streamlined, ministerial approval process provided by subdivision (b) and not subject to a conditional use permit if the development satisfies all of the following objective planning standards:
(1)The development is a multifamily housing development that contains two or more residential units.
(2)The development is located on a site that satisfies both all of the following:
(A)Is an urban infill site as defined by Section 21061.3 of the Public Resources Code.(A)A site that is a legal parcel or parcels located in a city if, and only if, the city boundaries include some portion of either an urbanized area or urban cluster, as designated by the United States Census Bureau, or, for unincorporated areas, a legal parcel or parcels wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau.
(B)A site in which at least 75 percent of the perimeter of the site adjoins parcels that are developed with urban uses. For the purposes of this section, parcels that are only separated by a street or highway shall be considered to be adjoined.
(B)Is a(C)A site that is zoned for residential use or residential mixed-use development with at least two-thirds of the square footage designated for residential use.
(3)If the development contains units that are subsidized, the development proponent already has recorded, or is required by law to record, a land use restriction for the following applicable minimum durations:
(A)Fifty-five years for units that are rented.
(B)Forty-five years for units that are owned.
(4)The development, excluding any additional density or any other concessions, incentives, or waivers of development standards granted pursuant to the Density Bonus Law in Section 65915, development satisfies both of the following:
(A)Is located in a locality that the Department of Housing and Community Development department has determined is eligible under subject to this subparagraph on the basis that the number of units that have been issued building permits is less than the localitys share of the regional housing needs, by income category, for that reporting period. A locality shall remain eligible under this subparagraph for four years after the date that the department determined the locality was eligible, and, at that date, the department shall determine, based on the last production report submitted by the locality, whether the locality is eligible for another four-year period on the basis described above. until the departments determination for the next reporting period. A locality shall be deemed to be eligible under subject to this subparagraph if it has not submitted an annual housing element report to the Department of Housing and Community Development department pursuant to paragraph (2) of subdivision (a) of Section 65400 for at least two consecutive years before the development submitted an application for approval under this section.
(B)The development is subject to a requirement mandating a minimum percentage of below market rate housing based on either of the following:
(i)The locality did not submit its latest production report to the Department of Housing and Community Development department by the time period required by Section 65400, or that production report reflects that there were fewer units of above moderate-income housing approved than were required for the regional housing needs assessment cycle for that reporting period. In addition, if the project contains more than 10 units of housing, the project seeking approval dedicates a minimum of 10 percent of the total number of units to housing affordable to households making below 80 percent of the area median income, including at least 5 percent of the total number of units affordable to households making below 50 percent of the area median income. income. If the locality has adopted a local ordinance that requires that greater than 10 percent of the units be dedicated to housing affordable to households making below 80 percent of the area median income, that zoning ordinance applies.
(ii)The locality did not submit its latest production report to the Department of Housing and Community Development department by the time period required by Section 65400, or that production report reflects that there were fewer units of housing affordable to households making below 80 percent 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 dedicates 50 percent of the total number of units to housing affordable to households making below 80 percent of the area median income, unless the locality has adopted a local ordinance that requires that greater than 50 percent of the units be dedicated to housing affordable to households making below 80 percent of the area median income, in which case that ordinance applies.
(5)The development development, excluding any additional density or any other concessions, incentives, or waivers of development standards granted pursuant to the Density Bonus Law in Section 65915, is consistent with objective zoning standards, including the Density Bonus Law in Section 65915, standards and objective design review standards in effect at the time that the development is submitted to the local government pursuant to this section. For purposes of this paragraph, objective zoning standards and objective design review standards mean standards that involve no personal or subjective judgment by a public official. official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal. These standards may be embodied in alternative objective land use specifications adopted by a city or county, and may include, but are not limited to, housing overlay zones, specific plans, inclusionary zoning ordinances, and density bonus ordinances.
(6)The development is not located on a site that is any of the following:(A)A coastal zone, as defined in Division 20 (commencing with Section 30000) of the Public Resources Code.(B)Either prime farmland or farmland of statewide importance, as defined pursuant to United States Department of Agriculture land inventory and monitoring criteria, as modified for California, and designated on the maps prepared by the Farmland Mapping and Monitoring Program of the Department of Conservation, or land zoned or designated for agricultural protection or preservation by a local ballot measure that was approved by the voters of that jurisdiction.(C)Wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).(D)Within a very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to Section 51178, or within a high or very high fire hazard severity zone as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to Section 4202 of the Public Resources Code. This subparagraph does not apply to sites excluded from the specified hazard zones by a local agency, pursuant to subdivision (b) of Section 51179, or sites that have adopted sufficient fire hazard mitigation measures as may be determined by their local agency with land use authority.(E)A hazardous waste site that is listed pursuant to Section 65962.5 or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Section 25356 of the Health and Safety Code, unless the Department of Toxic Substances Control has cleared the site for residential use or residential mixed uses.(F)Within a delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law (Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code), and by any local building department under Chapter 12.2 (commencing with Section 8875) of Division 1 of Title 2.(G)Within a flood plain as determined by maps promulgated by the Federal Emergency Management Agency, unless the development has been issued a flood plain development permit pursuant to Part 59 (commencing with Section 59.1) and Part 60 (commencing with Section 60.1) of Subchapter B of Chapter I of Title 44 of the Code of Federal Regulations.(H)Within a floodway as determined by maps promulgated by the Federal Emergency Management Agency, unless the development has received a no-rise certification in accordance with Section 60.3(d)(3) of Title 44 of the Code of Federal Regulations.(I)Lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code), habitat conservation plan pursuant to the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), or other adopted natural resource protection plan.(J)Occupied habitat Habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code).(K)Lands under conservation easement.(7)The development is not located on a site where any of the following apply:(A)The development would require the demolition of housing the following types of housing:(i)Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income, housing income.
(ii)Housing that is subject to any form of rent or price control through a public entitys valid exercise of its police power, or housing power.
(iii)Housing that has been occupied by tenants within the past 10 years.
(B)The site was previously used for housing that was occupied by tenants that was demolished within 10 years before the development proponent submits an application under this section. (C)The development would require the demolition of a historic structure that was placed on a national, state, or local historic register.(8)The development proponent has certified that one of the following is true:(D)The property contains housing units that are occupied by tenants, and units at the property are, or were, subsequently offered for sale to the general public by the subdivider or subsequent owner of the property.
(8)The development proponent has done both of the following, as applicable:
(A)(A)Certified to the locality that either of the following is true, as applicable:
(i)The project entirety of the development is a public work for purposes of Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code.
(B)(ii)If the project development is not in its entirety a public work, that all construction workers employed in the execution of the project development will be paid at least the general prevailing rate of per diem wages for the type of work and geographic area, as determined by the Director of Industrial Relations pursuant to Sections 1773 and 1773.9 of the Labor Code. Code, except that apprentices registered in programs approved by the Chief of the Division of Apprenticeship Standards may be paid at least the applicable apprentice prevailing rate. If the development is subject to this subparagraph, then for those portions of the development that are not a public work all of the following shall apply:
(i)(I)The development proponent shall ensure that the prevailing wage requirement is included in all contracts for the performance of the work.
(ii)Contractors and(II)All contractors and subcontractors shall pay to all construction workers employed in the execution of the work at least the general prevailing rate of per diem wages. wages, except that apprentices registered in programs approved by the Chief of the Division of Apprenticeship Standards may be paid at least the applicable apprentice prevailing rate.
(III)Except as provided in subclause (V), all contractors and subcontractors shall maintain and verify payroll records pursuant to Section 1776 of the Labor Code and make those records available for inspection and copying as provided in therein.
(iii)(IV)Except as provided in clause (iv), subclause (V), the obligation of the contractors and subcontractors to pay prevailing wages may be enforced by the Labor Commissioner through the issuance of a civil wage and penalty assessment pursuant to Section 1741 of the Labor Code, which may be reviewed pursuant to Section 1742 of the Labor Code, within 18 months after the completion of the project, or development, by an underpaid worker through an administrative complaint or civil action. action, or by a joint labor-management committee though a civil action under Section 1771.2 of the Labor Code. If a civil wage and penalty assessment is issued, the contractor, subcontractor, and surety on a bond or bonds issued to secure the payment of wages covered by the assessment shall be liable for liquidated damages pursuant to Section 1742.1 of the Labor Code.
(iv)Clause (iii)(V)Subclauses (III) and (IV) shall not apply if all contractors and subcontractors performing work on the project development are subject to a project labor agreement that requires the payment of prevailing wages to all construction workers employed in the execution of the project development and provides for enforcement of that obligation through an arbitration procedure. For purposes of this clause, project labor agreement has the same meaning as set forth in paragraph (1) of subdivision (b) of Section 2500 of the Public Contract Code.
(v)(VI)Notwithstanding subdivision (c) of Section 1773.1 of the Labor Code, the requirement that employer payments not reduce the obligation to pay the hourly straight time or overtime wages found to be prevailing shall not apply if otherwise provided in a bona fide collective bargaining agreement covering the worker. The requirements of paragraph (2) of subdivision (c) of Section 1773.1 of the Labor Code do requirement to pay at least the general prevailing rate of per diem wages does not preclude use of an alternative workweek schedule adopted pursuant to Section 511 or 514 of the Labor Code.
(C)(B)(i)For developments that are not 100 percent subsidized affordable housing and are larger than ____ units, for which any of the following conditions apply, certified that a skilled and trained workforce shall be used to complete the project. For development if the application is approved:
(I)On and after January 1, 2018, until December 31, 2021, the development consists of 75 or more units that are not 100 percent subsidized affordable housing and will be located within a jurisdiction located in a coastal or bay county with a population of 225,000 or more.
(II)On and after January 1, 2022, until December 31, 2025, the development consists of 50 or more units that are not 100 percent subsidized affordable housing and will be located within a jurisdiction located in a coastal or bay county with a population of 225,000 or more.
(III)On and after January 1, 2018, until December 31, 2019, the development consists of 75 or more units that are not 100 percent subsidized affordable housing and will be located within a jurisdiction with a population of fewer than 550,000 and that is not located in a coastal or bay county.
(IV)On and after January 1, 2020, until December 31, 2021, the development consists of more than 50 units and will be located within a jurisdiction with a population of fewer than 550,000 and that is not located in a coastal or bay county.
(V)On and after January 1, 2022, until December 31, 2025, the development consists of more than 25 units and will be located within a jurisdiction with a population of fewer than 550,000 and that is not located in a coastal bay county.
(ii)For purposes of this subparagraph, section, skilled and trained workforce has the same meaning as provided in subdivision (d) of Section 2601 of the Public Contract Code. Chapter 2.9 (commencing with Section 2600) of Part 1 of Division 2 of the Public Contract Code.
(iii)If the development proponent has certified that a skilled and trained workforce will be used to complete the development and the application is approved, the following shall apply:
(I)The applicant shall require in all contracts for the performance of work that every contractor and subcontractor at every tier will individually use a skilled and trained workforce to complete the development.
(II)Every contractor and subcontractor shall use a skilled and trained workforce to complete the development.
(III)Except as provided in subclause (IV), the applicant shall provide to the locality, on a monthly basis while the development or contract is being performed, a report demonstrating compliance with Chapter 2.9 (commencing with Section 2600) of Part 1 of Division 2 of the Public Contract Code. A monthly report provided to the locality pursuant to this subclause shall be a public record under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1) and shall be open to public inspection. An applicant that fails to provide a monthly report demonstrating compliance with Chapter 2.9 (commencing with Section 2600) of Part 1 of Division 2 of the Public Contract Code shall be subject to a civil penalty of ten thousand dollars ($10,000) per month for each month for which the report has not been provided. Any contractor or subcontractor that fails to use a skilled and trained workforce shall be subject to a civil penalty of two hundred dollars ($200) per day for each worker employed in contravention of the skilled and trained workforce requirement. Penalties may be assessed by the Labor Commissioner within 18 months of completion of the development using the same procedures for issuance of civil wage and penalty assessments pursuant to Section 1741 of the Labor Code, and may be reviewed pursuant to the same procedures in Section 1742 of the Labor Code. Penalties shall be paid to the State Public Works Enforcement Fund.
(IV)Subclause (III) shall not apply if all contractors and subcontractors performing work on the development are subject to a project labor agreement that requires compliance with the skilled and trained workforce requirement and provides for enforcement of that obligation through an arbitration procedure. For purposes of this subparagraph, project labor agreement has the same meaning as set forth in paragraph (1) of subdivision (b) of Section 2500 of the Public Contract Code.
(C)Notwithstanding subparagraphs (A) and (B), a development that is subject to approval pursuant to this section is exempt from any requirement to pay prevailing wages or use a skilled and trained workforce if it meets both of the following:
(i)The project includes 10 or fewer units.
(ii)The project is not a public work for purposes of Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code.
(9)The development did not or does not involve a subdivision of a parcel that is, or, notwithstanding this section, would otherwise be, subject to the Subdivision Map Act (Division 2 (commencing with Section 66410)) or any other applicable law authorizing the subdivision of land, unless either of the following apply:
(A)The development has received or will receive financing or funding by means of a low-income housing tax credit and is subject to the requirement that prevailing wages be paid pursuant to subparagraph (A) of paragraph (8).
(B)The development is subject to the requirement that prevailing wages be paid, and a skilled and trained workforce used, pursuant to paragraph (8).
(9)(10)The development shall not be upon an existing parcel of land or site that is governed under the Mobilehome Residency Law (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2 of Division 2 of the Civil Code), the Recreational Vehicle Park Occupancy Law (Chapter 2.6 (commencing with Section 799.20) of Title 2 of Part 2 of Division 2 of the Civil Code), the Mobilehome Parks Act (Part 2.1 (commencing with Section 18200) of Division 13 of the Health and Safety Code), or the Special Occupancy Parks Act (Part 2.3 (commencing with Section 18860) of Division 13 of the Health and Safety Code).
(b)(1)If a local government determines that a development submitted pursuant to this section is in conflict with any of the objective planning standards specified in subdivision (a), it shall provide the development proponent written documentation of which standard or standards the development conflicts with, and an explanation for the reason or reasons the development conflicts with that standard or standards, as follows:
(A)Within 60 days of submittal of the development to the local government pursuant to this section if the development contains 150 or fewer housing units.
(B)Within 90 days of submittal of the development to the local government pursuant to this section if the development contains more than 150 housing units.
(2)If the local government fails to provide the required documentation pursuant to paragraph (1), the development shall be deemed to satisfy the objective planning standards specified in subdivision (a).
(c)Any design review or public oversight of the development may be conducted by the local governments planning commission or any equivalent board or commission responsible for review and approval of development projects, or the city council or board of supervisors, as appropriate. That design review or public oversight shall be objective and be strictly focused on assessing compliance with criteria required for streamlined projects, as well as any reasonable objective design standards published and adopted by ordinance or resolution by a local jurisdiction before submission of a development application, and shall be broadly applicable to development within the jurisdiction. That design review or public oversight shall be completed as follows and shall not in any way inhibit, chill, or preclude the ministerial approval provided by this section or its effect, as applicable:
(1)Within 90 days of submittal of the development to the local government pursuant to this section if the development contains 150 or fewer housing units.
(2)Within 180 days of submittal of the development to the local government pursuant to this section if the development contains more than 150 housing units.
(d)(1)Notwithstanding any other law, a local government, whether or not it has adopted an ordinance governing parking requirements in multifamily developments, shall not impose parking standards for a streamlined development that was approved pursuant to this section in any of the following instances:
(A)The development is located within one-half mile of public transit.
(B)The development is located within an architecturally and historically significant historic district.
(C)When on-street parking permits are required but not offered to the occupants of the development.
(D)When there is a car share vehicle located within one block of the development.
(2)If the development does not fall within any of the categories described in paragraph (1), the local government shall not impose parking requirements for streamlined developments approved pursuant to this section that exceed one parking space per unit.
(e)(1)If a local government approves a development pursuant to this section, then, notwithstanding any other law, that approval shall not expire if the project includes public investment in housing affordability, beyond tax credits, where 50 percent of the units are affordable to households making below 80 percent of the area median income.
(2)If a local government approves a development pursuant to this section and the project does not include 50 percent of the units affordable to households making below 80 percent of the area median income, that approval shall automatically expire after three years except that a project may receive a one-time, one-year extension if the project proponent can provide documentation that there has been significant progress toward getting the development construction ready, such as filing a building permit application.
(3)If a local government approves a development pursuant to this section, that approval shall remain valid for three years from the date of the final action establishing that approval and shall remain valid thereafter for a project so long as vertical construction of the development has begun and is in progress. Additionally, the development proponent may request, and the local government shall have discretion to grant, an additional one-year extension to the original three-year period. The local governments action and discretion in determining whether to grant the foregoing extension shall be limited to considerations and process set forth in this section.
(f)A local government shall not adopt any requirement, including, but not limited to, increased fees or inclusionary housing requirements, that applies to a project solely or partially on the basis that the project is eligible to receive ministerial or streamlined approval pursuant to this section.
(g)This section shall not affect a development proponents ability to use any alternative streamlined by right permit processing adopted by a local government, including the provisions of subdivision (i) of Section 65583.2.
(g)(h)For purposes of this section:
(1)Development proponent means the developer who submits an application for streamlined approval pursuant to this section.
(2)Completed entitlements means a housing development which has received all the required land use approvals or entitlements necessary for the issuance of building permit.
(2)(3)Locality or local government means a city, including a charter city, a county, including a charter county, or a city and county, including a charter city and county.
(3)(4)Production report means the information reported pursuant to subparagraph (D) of paragraph (2) of subdivision (a) of Section 65400.
(4)(5)Subsidized means units that are price or rent restricted such that the units are permanently affordable to households meeting the definitions of very low and lower income, as defined in Sections 50079.5 and 50105 of the Health and Safety Code.
(5)(6)Reporting period means either of the following:
(A)The first half of the regional housing needs assessment cycle.
(B)The last half of the regional housing needs assessment cycle.
(7)Urban uses means any current or former residential, commercial, public institutional, transit or transportation passenger facility, or retail use, or any combination of those uses.
(i)This Section shall remain in effect only until January 1, 2026, and as of that date is repealed.
SEC. 4.The Legislature finds and declares that ensuring access to affordable housing is a matter of statewide concern, and not a municipal affair. Therefore, the changes made by this act are applicable to a charter city, a charter county, and a charter city and county.
SEC. 5.Each provision of this measure is a material and integral part of this measure, and the provisions of this measure are not severable. If any provision of this measure or its application is held invalid, this entire measure shall be null and void.
SEC. 6.(a)Section 1.5 of this bill incorporates amendments to Section 65400 of the Government Code proposed by both this bill and Assembly Bill 879. That section shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2018, (2) each bill amends Section 65400 of the Government Code, and (3) this bill is enacted after Assembly Bill 879, in which case Section 1 of this bill shall not become operative.
(b)Section 2.5 of this bill incorporates amendments to Section 65582.1 of the Government Code proposed by both this bill and Assembly Bill 73. That section shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2019, (2) each bill amends Section 65582.1 of the Government Code, and (3) this bill is enacted after Assembly Bill 73, in which case Section 2 of this bill shall not become operative.
SEC. 6.SEC. 7.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.
REVISIONS: HeadingLine 5.(a)After the legislative body has adopted all or part of a general plan, the planning agency shall do both of the following:
(1)Investigate and make recommendations to the legislative body regarding reasonable and practical means for implementing the general plan or element of the general plan, so that it will serve as an effective guide for orderly growth and development, preservation and conservation of open-space land and natural resources, and the efficient expenditure of public funds relating to the subjects addressed in the general plan.
(2)Provide by April 1 of each year an annual report to the legislative body, the Office of Planning and Research, and the Department of Housing and Community Development that includes all of the following:
(A)The status of the plan and progress in its implementation.
(B)The progress in meeting its share of regional housing needs determined pursuant to Section 65584 and local efforts to remove governmental constraints to the maintenance, improvement, and development of housing pursuant to paragraph (3) of subdivision (c) of Section 65583.
The housing element portion of the annual report, as required by this paragraph, shall be prepared through the use of forms and definitions adopted by the Department of Housing and Community Development pursuant to the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2). Before and after adoption of the forms, the housing element portion of the annual report shall include a section that describes the actions taken by the local government towards completion of the programs and status of the local governments compliance with the deadlines in its housing element. That report shall be considered at an annual public meeting before the legislative body where members of the public shall be allowed to provide oral testimony and written comments.
The report may include the number of units that have been substantially rehabilitated, converted from nonaffordable to affordable by acquisition, and preserved consistent with the standards set forth in paragraph (2) of subdivision (c) of Section 65583.1. The report shall document how the units meet the standards set forth in that subdivision.
(C)The degree to which its approved general plan complies with the guidelines developed and adopted pursuant to Section 65040.2 and the date of the last revision to the general plan.
(D)The number of net new units of housing, including both rental housing and housing designated for home ownership, that have been issued an entitlement, a building permit, or a certificate of occupancy, thus far in the housing element cycle, and the income category, by area median income category, that each unit of housing, including both rental housing and housing designated for home ownership, satisfies. That report shall, for each income category described in this subparagraph, distinguish between the number of rental housing units that satisfy each income category and the number of units that are housing designated for home ownership that satisfy each income category. The report shall include, for each entitlement, building permit, or certificate of occupancy, a unique site identifier, such as street address, ZIP Code, or assessors parcel number.
(E)The Department of Housing and Community Development shall post a report submitted pursuant to this paragraph on its Internet Web site within a reasonable time of receiving the report.
(b)If a court finds, upon a motion to that effect, that a city, county, or city and county failed to submit, within 60 days of the deadline established in this section, the housing element portion of the report required pursuant to subparagraph (B) of paragraph (2) of subdivision (a) that substantially complies with the requirements of this section, the court shall issue an order or judgment compelling compliance with this section within 60 days. If the city, county, or city and county fails to comply with the courts order within 60 days, the plaintiff or petitioner may move for sanctions, and the court may, upon that motion, grant appropriate sanctions. The court shall retain jurisdiction to ensure that its order or judgment is carried out. If the court determines that its order or judgment is not carried out within 60 days, the court may issue further orders as provided by law to ensure that the purposes and policies of this section are fulfilled. This subdivision applies to proceedings initiated on or after the first day of October following the adoption of forms and definitions by the Department of Housing and Community Development pursuant to paragraph (2) of subdivision (a), but no sooner than six months following that adoption.
SEC. 2.Section 65582.1 of the Government Code is amended to read:65582.1.The Legislature finds and declares that it has provided reforms and incentives to facilitate and expedite the approval and construction of affordable housing. Those reforms and incentives can be found in the following provisions:
(a)Housing element law (Article 10.6 (commencing with Section 65580) of Chapter 3).
(b)Extension of statute of limitations in actions challenging the housing element and brought in support of affordable housing (subdivision (d) of Section 65009).
(c)Restrictions on disapproval of housing developments (Section 65589.5).
(d)Priority for affordable housing in the allocation of water and sewer hookups (Section 65589.7).
(e)Least cost zoning law (Section 65913.1).
(f)Density bonus law (Section 65915).
(g)Accessory dwelling units (Sections 65852.150 and 65852.2).
(h)By-right housing, in which certain multifamily housing are designated a permitted use (Section 65589.4).
(i)No-net-loss-in zoning density law limiting downzonings and density reductions (Section 65863).
(j)Requiring persons who sue to halt affordable housing to pay attorney fees (Section 65914) or post a bond (Section 529.2 of the Code of Civil Procedure).
(k)Reduced time for action on affordable housing applications under the approval of development permits process (Article 5 (commencing with Section 65950) of Chapter 4.5).
(l)Limiting moratoriums on multifamily housing (Section 65858).
(m)Prohibiting discrimination against affordable housing (Section 65008).
(n)California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3).
(o)Community redevelopment law (Part 1 (commencing with Section 33000) of Division 24 of the Health and Safety Code, and in particular Sections 33334.2 and 33413).
(p)Streamlining housing approvals during a housing shortage (Section 65913.4).
SEC. 3.Section 65913.4 is added to the Government Code, to read:65913.4.(a)A development proponent may submit an application for a development that is subject to the streamlined, ministerial approval process provided by subdivision (b) and not subject to a conditional use permit if the development satisfies all of the following objective planning standards:
(1)The development is a multifamily housing development that contains two or more residential units.
(2)The development is located on a site that satisfies both of the following:
(A)Is an urban infill site as defined by Section 21061.3 of the Public Resources Code.
(B)Is a site zoned for residential use or residential mixed-use development with at least two-thirds of the square footage designated for residential use.
(3)If the development contains units that are subsidized, the development proponent already has recorded, or is required by law to record, a land use restriction for the following applicable minimum durations:
(A)Fifty-five years for units that are rented.
(B)Forty-five years for units that are owned.
(4)The development, excluding any additional density or any other concessions, incentives, or waivers of development standards granted pursuant to the Density Bonus Law in Section 65915, satisfies both of the following:
(A)Is located in a locality that the Department of Housing and Community Development has determined, based on the last production report submitted by the locality to the department, determined is eligible under this subparagraph on the basis that the number of units that have been issued building permits is less than the localitys share of the regional housing needs, by income category, for that reporting period. A locality shall remain eligible under this subparagraph for four years after the date that the department determined the locality was eligible, and, at that date, the department shall determine, based on the last production report submitted by the locality, whether the locality is eligible for another four-year period on the basis described above. A locality shall be deemed to be eligible under this subparagraph if it has not submitted an annual housing element report to the Department of Housing and Community Development pursuant to paragraph (2) of subdivision (a) of Section 65400 for at least two consecutive years before the development submitted an application for approval under this section.
(B)The development is subject to a requirement mandating a minimum percentage of below market rate housing based on either of the following:
(i)The locality did not submit its latest production report to the Department of Housing and Community Development by the time period required by Section 65400, or that production report reflects that there were fewer units of above moderate-income housing approved than were required for the regional housing needs assessment cycle for that year. reporting period. In addition, if the project contains more than 10 units of housing, the project seeking approval dedicates a minimum of 10 percent of the total number of units to housing affordable to households making below 80 percent of the area median income, including at least 5 percent of the total number of units affordable to households making below 50 percent of the area median income. If the locality has adopted a local ordinance that requires that greater than 10 percent of the units be dedicated to housing affordable to households making below 80 percent of the area median income, that zoning ordinance applies.
(ii)The locality did not submit its latest production report to the Department of Housing and Community Development by the time period required by Section 65400, or that production report reflects that there were fewer units of housing affordable to households making below 80 percent of the area median income that were issued building permits than were required for the regional housing needs assessment cycle for that year, reporting period, and the project seeking approval dedicates 50 percent of the total number of units to housing affordable to households making below 80 percent of the area median income, unless the locality has adopted a local ordinance that requires that greater than 50 percent of the units be dedicated to housing affordable to households making below 80 percent of the area median income, in which case that ordinance applies.
(5)The development is consistent with objective zoning standards, including the Density Bonus Law in Section 65915, and objective design review standards in effect at the time that the development is submitted to the local government pursuant to this section. For purposes of this paragraph, objective zoning standards and objective design review standards mean standards that involve no personal or subjective judgment by a public official.
(6)The development is not located on a site that is any of the following:
(A)A coastal zone, as defined in Division 20 (commencing with Section 30000) of the Public Resources Code.
(B)Either prime farmland or farmland of statewide importance, as defined pursuant to United States Department of Agriculture land inventory and monitoring criteria, as modified for California, and designated on the maps prepared by the Farmland Mapping and Monitoring Program of the Department of Conservation, or land zoned or designated for agricultural protection or preservation by a local ballot measure that was approved by the voters of that jurisdiction.
(C)Wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).
(D)Within a very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to Section 51178, or within a high or very high fire hazard severity zone as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to Section 4202 of the Public Resources Code. This subparagraph does not apply to sites excluded from the specified hazard zones by a local agency, pursuant to subdivision (b) of Section 51179, or sites that have adopted sufficient fire hazard mitigation measures as may be determined by their local agency with land use authority.
(E)A hazardous waste site that is listed pursuant to Section 65962.5 or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Section 25356 of the Health and Safety Code, unless the Department of Toxic Substances Control has cleared the site for residential use or residential mixed uses.
(F)Within a delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law (Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code), and by any local building department under Chapter 12.2 (commencing with Section 8875) of Division 1 of Title 2.
(G)Within a flood plain as determined by maps promulgated by the Federal Emergency Management Agency, unless the development has been issued a flood plain development permit pursuant to Part 59 (commencing with Section 59.1) and Part 60 (commencing with Section 60.1) of Subchapter B of Chapter I of Title 44 of the Code of Federal Regulations.
(H)Within a floodway as determined by maps promulgated by the Federal Emergency Management Agency, unless the development has received a no-rise certification in accordance with Section 60.3(d)(3) of Title 44 of the Code of Federal Regulations.
(I)Lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code), habitat conservation plan pursuant to the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), or other adopted natural resource protection plan.
(J)Occupied habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code).
(K)Lands under conservation easement.
(7)The development is not located on a site where any of the following apply:
(A)The development would require the demolition of housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income, housing that is subject to any form of rent or price control through a public entitys valid exercise of its police power, or housing that has been occupied by tenants within the past 10 years.
(B)The site was previously used for housing that was occupied by tenants that was demolished within 10 years before the development proponent submits an application under this section.
(C)The development would require the demolition of a historic structure that was placed on a national, state, or local historic register.
(8)The development proponent has certified that one of the following is true:
(A)The project is a public work for purposes of Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code.
(B)If the project is not a public work, that all construction workers employed in the execution of the project will be paid at least the general prevailing rate of per diem wages for the type of work and geographic area, as determined by the Director of Industrial Relations pursuant to Sections 1773 and 1773.9 of the Labor Code. If the development is subject to this subparagraph, then all of the following shall apply:
(i)The development proponent shall ensure that the prevailing wage requirement is included in all contracts for the performance of the work.
(ii)Contractors and subcontractors shall pay to all construction workers employed in the execution of the work at least the general prevailing rate of per diem wages.
(iii)Except as provided in clause (iv), the obligation of the contractors and subcontractors to pay prevailing wages may be enforced by the Labor Commissioner through the issuance of a civil wage and penalty assessment pursuant to Section 1741 of the Labor Code, which may be reviewed pursuant to Section 1742 of the Labor Code, within 18 months after the completion of the project, or by an underpaid worker through an administrative complaint or civil action. If a civil wage and penalty assessment is issued, the contractor, subcontractor, and surety on a bond or bonds issued to secure the payment of wages covered by the assessment shall be liable for liquidated damages pursuant to Section 1742.1 of the Labor Code.
(iv)Clause (iii) shall not apply if all contractors and subcontractors performing work on the project are subject to a project labor agreement that requires the payment of prevailing wages to all construction workers employed in the execution of the project and provides for enforcement of that obligation through an arbitration procedure. For purposes of this clause, project labor agreement has the same meaning as set forth in paragraph (1) of subdivision (b) of Section 2500 of the Public Contract Code.
(v)Notwithstanding subdivision (c) of Section 1773.1 of the Labor Code, the requirement that employer payments not reduce the obligation to pay the hourly straight time or overtime wages found to be prevailing shall not apply if otherwise provided in a bona fide collective bargaining agreement covering the worker. The requirements of paragraph (2) of subdivision (c) of Section 1773.1 of the Labor Code do not preclude use of an alternative workweek schedule adopted pursuant to Section 511 or 514 of the Labor Code.
(C)For developments that are not 100 percent subsidized affordable housing and are larger than ____ units, that a skilled and trained workforce shall be used to complete the project. For purposes of this subparagraph, skilled and trained workforce has the same meaning as provided in subdivision (d) of Section 2601 of the Public Contract Code.
(9)The development shall not be upon an existing parcel of land or site that is governed under the Mobilehome Residency Law (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2 of Division 2 of the Civil Code), the Recreational Vehicle Park Occupancy Law (Chapter 2.6 (commencing with Section 799.20) of Title 2 of Part 2 of Division 2 of the Civil Code), the Mobilehome Parks Act (Part 2.1 (commencing with Section 18200) of Division 13 of the Health and Safety Code), or the Special Occupancy Parks Act (Part 2.3 (commencing with Section 18860) of Division 13 of the Health and Safety Code).
(b)(1)If a local government determines that a development submitted pursuant to this section is in conflict with any of the objective planning standards specified in subdivision (a), it shall provide the development proponent written documentation of which standard or standards the development conflicts with, and an explanation for the reason or reasons the development conflicts with that standard or standards, as follows:
(A)Within 60 days of submittal of the development to the local government pursuant to this section if the development contains 150 or fewer housing units.
(B)Within 90 days of submittal of the development to the local government pursuant to this section if the development contains more than 150 housing units.
(2)If the local government fails to provide the required documentation pursuant to paragraph (1), the development shall be deemed to satisfy the objective planning standards specified in subdivision (a).
(c)Any design review or public oversight of the development may be conducted by the local governments planning commission or any equivalent board or commission responsible for review and approval of development projects, or the city council or board of supervisors, as appropriate. That design review or public oversight shall be objective and be strictly focused on assessing compliance with criteria required for streamlined projects, as well as any reasonable objective design standards published and adopted by ordinance or resolution by a local jurisdiction before submission of a development application, and shall be broadly applicable to development within the jurisdiction. That design review or public oversight shall be completed as follows and shall not in any way inhibit, chill, or preclude the ministerial approval provided by this section or its effect, as applicable:
(1)Within 90 days of submittal of the development to the local government pursuant to this section if the development contains 150 or fewer housing units.
(2)Within 180 days of submittal of the development to the local government pursuant to this section if the development contains more than 150 housing units.
(d)(1)Notwithstanding any other law, a local government, whether or not it has adopted an ordinance governing parking requirements in multifamily developments, shall not impose parking standards for a streamlined development that was approved pursuant to this section in any of the following instances:
(A)The development is located within one-half mile of public transit.
(B)The development is located within an architecturally and historically significant historic district.
(C)When on-street parking permits are required but not offered to the occupants of the development.
(D)When there is a car share vehicle located within one block of the development.
(2)If the development does not fall within any of the categories described in paragraph (1), the local government shall not impose parking requirements for streamlined developments approved pursuant to this section that exceed one parking space per unit.
(e)(1)If a local government approves a development pursuant to this section, then, notwithstanding any other law, that approval shall not expire if the project includes public investment in housing affordability, beyond tax credits, where 50 percent of the units are affordable to households making below 80 percent of the area median income.
(2)If a local government approves a development pursuant to this section and the project does not include 50 percent of the units affordable to households making below 80 percent of the area median income, that approval shall automatically expire after three years except that a project may receive a one-time, one-year extension if the project proponent can provide documentation that there has been significant progress toward getting the development construction ready, such as filing a building permit application.
(f)A local government shall not adopt any requirement, including, but not limited to, increased fees or inclusionary housing requirements, that applies to a project solely or partially on the basis that the project is eligible to receive ministerial or streamlined approval pursuant to this section.
(g)For purposes of this section:
(1)Development proponent means the developer who submits an application for streamlined approval pursuant to this section.
(2)Locality or local government means a city, including a charter city, a county, including a charter county, or a city and county, including a charter city and county.
(3)Production report means the information reported pursuant to subparagraph (D) of paragraph (2) of subdivision (a) of Section 65400.
(4)Subsidized means units that are price or rent restricted such that the units are permanently affordable to households meeting the definitions of very low and lower income, as defined in Sections 50079.5 and 50105 of the Health and Safety Code.
(5)Reporting period means either of the following:
(A)The first half of the regional housing needs assessment cycle.
(B)The last half of the regional housing needs assessment cycle.
SEC. 4.The Legislature finds and declares that ensuring access to affordable housing is a matter of statewide concern, and not a municipal affair. Therefore, the changes made by this act are applicable to a charter city, a charter county, and a charter city and county.
SEC. 5.Each provision of this measure is a material and integral part of this measure, and the provisions of this measure are not severable. If any provision of this measure or its application is held invalid, this entire measure shall be null and void.
SEC. 6.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.
(a)After the legislative body has adopted all or part of a general plan, the planning agency shall do both of the following:
(1)Investigate and make recommendations to the legislative body regarding reasonable and practical means for implementing the general plan or element of the general plan, so that it will serve as an effective guide for orderly growth and development, preservation and conservation of open-space land and natural resources, and the efficient expenditure of public funds relating to the subjects addressed in the general plan.
(2)Provide by April 1 of each year an annual report to the legislative body, the Office of Planning and Research, and the Department of Housing and Community Development that includes all of the following:
(A)The status of the plan and progress in its implementation.
(B)The progress in meeting its share of regional housing needs determined pursuant to Section 65584 and local efforts to remove governmental constraints to the maintenance, improvement, and development of housing pursuant to paragraph (3) of subdivision (c) of Section 65583.
The housing element portion of the annual report, as required by this paragraph, shall be prepared through the use of forms and definitions adopted by the Department of Housing and Community Development pursuant to the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2). Before and after adoption of the forms, the housing element portion of the annual report shall include a section that describes the actions taken by the local government towards completion of the programs and status of the local governments compliance with the deadlines in its housing element. That report shall be considered at an annual public meeting before the legislative body where members of the public shall be allowed to provide oral testimony and written comments.
The report may include the number of units that have been substantially rehabilitated, converted from nonaffordable to affordable by acquisition, and preserved consistent with the standards set forth in paragraph (2) of subdivision (c) of Section 65583.1. The report shall document how the units meet the standards set forth in that subdivision.
(C)The degree to which its approved general plan complies with the guidelines developed and adopted pursuant to Section 65040.2 and the date of the last revision to the general plan.
(D)The number of net new units of housing, including both rental housing and housing designated for home ownership, that have been issued an entitlement, a building permit, or a certificate of occupancy, thus far in the housing element cycle, and the income category, by area median income category, that each unit of housing, including both rental housing and housing designated for home ownership, satisfies. That report shall, for each income category described in this subparagraph, distinguish between the number of rental housing units that satisfy each income category and the number of units that are housing designated for home ownership that satisfy each income category. The report shall include, for each entitlement, building permit, or certificate of occupancy, a unique site identifier, such as street address, ZIP Code, or assessors parcel number.
(E)The Department of Housing and Community Development shall post a report submitted pursuant to this paragraph on its Internet Web site within a reasonable time of receiving the report.
(b)If a court finds, upon a motion to that effect, that a city, county, or city and county failed to submit, within 60 days of the deadline established in this section, the housing element portion of the report required pursuant to subparagraph (B) of paragraph (2) of subdivision (a) that substantially complies with the requirements of this section, the court shall issue an order or judgment compelling compliance with this section within 60 days. If the city, county, or city and county fails to comply with the courts order within 60 days, the plaintiff or petitioner may move for sanctions, and the court may, upon that motion, grant appropriate sanctions. The court shall retain jurisdiction to ensure that its order or judgment is carried out. If the court determines that its order or judgment is not carried out within 60 days, the court may issue further orders as provided by law to ensure that the purposes and policies of this section are fulfilled. This subdivision applies to proceedings initiated on or after the first day of October following the adoption of forms and definitions by the Department of Housing and Community Development pursuant to paragraph (2) of subdivision (a), but no sooner than six months following that adoption.
SEC. 2.Section 65582.1 of the Government Code is amended to read:65582.1.The Legislature finds and declares that it has provided reforms and incentives to facilitate and expedite the approval and construction of affordable housing. Those reforms and incentives can be found in the following provisions:
(a)Housing element law (Article 10.6 (commencing with Section 65580) of Chapter 3).
(b)Extension of statute of limitations in actions challenging the housing element and brought in support of affordable housing (subdivision (d) of Section 65009).
(c)Restrictions on disapproval of housing developments (Section 65589.5).
(d)Priority for affordable housing in the allocation of water and sewer hookups (Section 65589.7).
(e)Least cost zoning law (Section 65913.1).
(f)Density bonus law (Section 65915).
(g)Accessory dwelling units (Sections 65852.150 and 65852.2).
(h)By-right housing, in which certain multifamily housing are designated a permitted use (Section 65589.4).
(i)No-net-loss-in zoning density law limiting downzonings and density reductions (Section 65863).
(j)Requiring persons who sue to halt affordable housing to pay attorney fees (Section 65914) or post a bond (Section 529.2 of the Code of Civil Procedure).
(k)Reduced time for action on affordable housing applications under the approval of development permits process (Article 5 (commencing with Section 65950) of Chapter 4.5).
(l)Limiting moratoriums on multifamily housing (Section 65858).
(m)Prohibiting discrimination against affordable housing (Section 65008).
(n)California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3).
(o)Community redevelopment law (Part 1 (commencing with Section 33000) of Division 24 of the Health and Safety Code, and in particular Sections 33334.2 and 33413).
(p)Streamlining housing approvals during a housing shortage (Section 65913.4).
SEC. 3.Section 65913.4 is added to the Government Code, to read:65913.4.(a)A development shall be proponent may submit an application for a development that is subject to the streamlined, ministerial approval process provided by subdivision (b) and shall not be subject to a conditional use permit if it the development satisfies all of the following objective planning standards:
(1)The development is a multifamily housing development that contains two or more residential units.
(2)The development is located on a site that satisfies both of the following:
(A)Is an urban infill site as defined by Section 21061.3 of the Public Resources Code.
(B)Is a site zoned for residential use or residential mixed-use development with at least two-thirds of the square footage designated for residential use.
(3)If the development contains units that are subsidized, the development proponent already has recorded, or is required by law to record, a land use restriction for the following applicable minimum durations:
(A)Fifty-five years for units that are rented.
(B)Forty-five years for units that are owned.
(4)The development, excluding any additional density or any other concessions, incentives, or waivers of development standards granted pursuant to the Density Bonus Law in Section 65915, satisfies both of the following:
(A)Is located in a locality that the Department of Housing and Community Development has determined, based on the last production report submitted by the locality to the department, is eligible under this subparagraph on the basis that the number of units that have been issued building permits is less than the localitys share of the regional housing needs, by income category, for that reporting period. A locality shall remain eligible under this subparagraph for four years after the date that the department determined the locality was eligible, and, at that date, the department shall determine, based on the last production report submitted by the locality, whether the locality is eligible for another four-year period on the basis described above. A locality shall be deemed to be eligible under this subparagraph if it has not submitted an annual housing element report to the Department of Housing and Community Development pursuant to paragraph (2) of subdivision (a) of Section 65400 for at least two consecutive years before the development submitted an application for approval under this section.
(B)The development is subject to a requirement mandating a minimum percentage of below market rate housing based on either of the following:
(i)The locality did not submit its latest production report to the Department of Housing and Community Development by the time period required by Section 65400, or that report reflects that there were fewer units of above moderate-income housing approved than were required for the regional housing needs assessment cycle for that year. In addition, if the project contains more than 10 units of housing, the project seeking approval dedicates a minimum of 10 percent of the total number of units to housing affordable to households making below 80 percent of the area median income, unless including at least 5 percent of the total number of units affordable to households making below 50 percent of the area median income. If the locality has adopted a local ordinance that requires that greater than 10 percent of the units be dedicated to housing affordable to households making below 80 percent of the area median income, in which case income, that zoning ordinance applies.
(ii)The locality did not submit its latest production report to the Department of Housing and Community Development by the time period required by Section 65400, or that report reflects that there were fewer units of housing affordable to households making below 80 percent of the area median income that were issued building permits than was were required for the regional housing needs assessment cycle for that year, and the project seeking approval dedicates 50 percent of the total number of units to housing affordable to households making below 80 percent of the area median income, unless the locality has adopted a local ordinance that requires that greater than 50 percent of the units be dedicated to housing affordable to households making below 80 percent of the area median income, in which case that ordinance applies.
(5)The development is consistent with objective zoning standards, including the Density Bonus Law in Section 65915, and objective design review standards in effect at the time that the development is submitted to the local government pursuant to this section. For purposes of this paragraph, objective zoning standards and objective design review standards mean standards that involve no personal or subjective judgment by a public official.
(6)The development is not located on a site that is any of the following:
(A)A coastal zone, as defined in Division 20 (commencing with Section 30000) of the Public Resources Code.
(B)Either prime farmland or farmland of statewide importance, as defined pursuant to United States Department of Agriculture land inventory and monitoring criteria, as modified for California, and designated on the maps prepared by the Farmland Mapping and Monitoring Program of the Department of Conservation, or land zoned or designated for agricultural protection or preservation by a local ballot measure that was approved by the voters of that jurisdiction.
(C)Wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).
(D)Within a very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to Section 51178, or within a high or very high fire hazard severity zone as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to Section 4202 of the Public Resources Code. This subparagraph does not apply to sites excluded from the specified hazard zones by a local agency, pursuant to subdivision (b) of Section 51179, or sites that have adopted sufficient fire hazard mitigation measures as may be determined by their local agency with land use authority.
(E)A hazardous waste site that is listed pursuant to Section 65962.5 or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Section 25356 of the Health and Safety Code, unless the Department of Toxic Substances Control has cleared the site for residential use or residential mixed uses.
(F)Within a delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law (Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code), and by any local building department under Chapter 12.2 (commencing with Section 8875) of Division 1 of Title 2.
(G)Within a flood plain as determined by maps promulgated by the Federal Emergency Management Agency, unless the development has been issued a flood plain development permit pursuant to Part 59 (commencing with Section 59.1) and Part 60 (commencing with Section 60.1) of Subchapter B of Chapter I of Title 44 of the Code of Federal Regulations.
(H)Within a floodway as determined by maps promulgated by the Federal Emergency Management Agency, unless the development has received a no-rise certification in accordance with Section 60.3(d)(3) of Title 44 of the Code of Federal Regulations.
(I)Lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code), habitat conservation plan pursuant to the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), or other adopted natural resource protection plan.
(J)Occupied habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code).
(K)Lands under conservation easement.
(7)The development is not located on a site where any of the following apply:
(A)The development would require the demolition of housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income, housing that is subject to any form of rent or price control through a public entitys valid exercise of its police power, or housing that has been occupied by tenants within the past 10 years.
(B)The site was previously used for housing that was occupied by tenants that was demolished within 10 years before the development proponent submits an application under this section.
(C)The development would require the demolition of a historic structure that was placed on a national, state, or local historic register.
(8)The development proponent has certified that one of the following is true:
(A)The project is a public work for purposes of Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code.
(B)If the project is not a public work, that all construction workers employed in the execution of the project will be paid at least the general prevailing rate of per diem wages for the type of work and geographic area, as determined by the Director of Industrial Relations pursuant to Sections 1773 and 1773.9 of the Labor Code. If the development is subject to this subparagraph, then all of the following shall apply:
(i)The development proponent shall ensure that the prevailing wage requirement is included in all contracts for the performance of the work.
(ii)Contractors and subcontractors shall pay to all construction workers employed in the execution of the work at least the general prevailing rate of per diem wages.
(iii)Except as provided in clause (iv), the obligation of the contractors and subcontractors to pay prevailing wages may be enforced by the Labor Commissioner through the issuance of a civil wage and penalty assessment pursuant to Section 1741 of the Labor Code, which may be reviewed pursuant to Section 1742 of the Labor Code, within 18 months after the completion of the project, or by an underpaid worker through an administrative complaint or civil action. If a civil wage and penalty assessment is issued, the contractor, subcontractor, and surety on a bond or bonds issued to secure the payment of wages covered by the assessment shall be liable for liquidated damages pursuant to Section 1742.1 of the Labor Code.
(iv)Clause (iii) shall not apply if all contractors and subcontractors performing work on the project are subject to a project labor agreement that requires the payment of prevailing wages to all construction workers employed in the execution of the project and provides for enforcement of that obligation through an arbitration procedure. For purposes of this clause, project labor agreement has the same meaning as set forth in paragraph (1) of subdivision (b) of Section 2500 of the Public Contract Code.
(v)Notwithstanding subdivision (c) of Section 1773.1 of the Labor Code, the requirement that employer payments not reduce the obligation to pay the hourly straight time or overtime wages found to be prevailing shall not apply if otherwise provided in a bona fide collective bargaining agreement covering the worker. The requirements of paragraph (2) of subdivision (c) of Section 1773.1 of the Labor Code do not preclude use of an alternative workweek schedule adopted pursuant to Section 511 or 514 of the Labor Code.
(C)For developments that are not 100 percent subsidized affordable housing and are larger than ____ units, that a skilled and trained workforce shall be used to complete the project. For purposes of this subparagraph, skilled and trained workforce has the same meaning as provided in subdivision (d) of Section 2601 of the Public Contract Code.
(9)The development shall not be upon an existing parcel of land or site that is governed under the Mobilehome Residency Law (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2 of Division 2 of the Civil Code), the Recreational Vehicle Park Occupancy Law (Chapter 2.6 (commencing with Section 799.20) of Title 2 of Part 2 of Division 2 of the Civil Code), the Mobilehome Parks Act (Part 2.1 (commencing with Section 18200) of Division 13 of the Health and Safety Code), or the Special Occupancy Parks Act (Part 2.3 (commencing with Section 18860) of Division 13 of the Health and Safety Code).
(b)(1)If a local government determines that a development submitted pursuant to this section is in conflict with any of the objective planning standards specified in subdivision (a), it shall provide the development proponent written documentation of which standard or standards the development conflicts with, and an explanation for the reason or reasons the development conflicts with that standard or standards, as follows:
(A)Within 60 days of submittal of the development to the local government pursuant to this section if the development contains 150 or fewer housing units.
(B)Within 90 days of submittal of the development to the local government pursuant to this section if the development contains more than 150 housing units.
(2)If the local government fails to provide the required documentation pursuant to paragraph (1), the development shall be deemed to satisfy the objective planning standards specified in subdivision (a).
(c)Any design review or public oversight of the development may be conducted by the local governments planning commission or any equivalent board or commission responsible for review and approval of development projects, or the city council or board of supervisors, as appropriate. That design review or public oversight shall be objective and be strictly focused on assessing compliance with criteria required for streamlined projects, as well as any reasonable objective design standards published and adopted by ordinance or resolution by a local jurisdiction before submission of a development application, and shall be broadly applicable to development within the jurisdiction. That design review or public oversight shall be completed as follows and shall not in any way inhibit, chill, or preclude the ministerial approval provided by this section or its effect, as applicable:
(1)Within 90 days of submittal of the development to the local government pursuant to this section if the development contains 150 or fewer housing units.
(2)Within 180 days of submittal of the development to the local government pursuant to this section if the development contains more than 150 housing units.
(d)(1)Notwithstanding any other law, a local government, whether or not it has adopted an ordinance governing parking requirements in multifamily developments, shall not impose parking standards for a streamlined development that was approved pursuant to this section in any of the following instances:
(A)The development is located within one-half mile of public transit.
(B)The development is located within an architecturally and historically significant historic district.
(C)When on-street parking permits are required but not offered to the occupants of the development.
(D)When there is a car share vehicle located within one block of the development.
(2)If the development does not fall within any of the categories described in paragraph (1), the local government shall not impose parking requirements for streamlined developments approved pursuant to this section that exceed one parking space per unit.
(e)(1)If a local government approves a development pursuant to this section, then, notwithstanding any other law, that approval shall not expire if the project includes public investment in housing affordability, beyond tax credits, where 50 percent of the units are affordable to households making below 80 percent of the area median income.
(2)If a local government approves a development pursuant to this section and the project does not include 50 percent of the units affordable to households making below 80 percent of the area median income, that approval shall automatically expire after three years except that a project may receive a one-time, one-year extension if the project proponent can provide documentation that there has been significant progress toward getting the development construction ready, such as filing a building permit application.
(f)A local government shall not adopt any requirement, including, but not limited to, increased fees or inclusionary housing requirements, that applies to a project solely or partially on the basis that the project is eligible to receive ministerial or streamlined approval pursuant to this section.
(g)For purposes of this section:
(1)Development proponent means the developer who submits an application for streamlined approval pursuant to this section.
(1)(2)Locality or local government means a city, including a charter city, a county, including a charter county, or a city and county, including a charter city and county.
(2)(3)Production report means the information reported pursuant to subparagraph (D) of paragraph (2) of subdivision (a) of Section 65400.
(3)(4)Subsidized means units that are price or rent restricted such that the units are permanently affordable to households meeting the definitions of very low and lower income, as defined in Sections 50079.5 and 50105 of the Health and Safety Code.
SEC. 4.The Legislature finds and declares that ensuring access to affordable housing is a matter of statewide concern, and not a municipal affair. Therefore, the changes made by this act are applicable to a charter city, a charter county, and a charter city and county.
SEC. 5.Each provision of this measure is a material and integral part of this measure, and the provisions of this measure are not severable. If any provision of this measure or its application is held invalid, this entire measure shall be null and void.
SEC. 6.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.
(a)After the legislative body has adopted all or part of a general plan, the planning agency shall do both of the following:
(1)Investigate and make recommendations to the legislative body regarding reasonable and practical means for implementing the general plan or element of the general plan, so that it will serve as an effective guide for orderly growth and development, preservation and conservation of open-space land and natural resources, and the efficient expenditure of public funds relating to the subjects addressed in the general plan.
(2)Provide by April 1 of each year an annual report to the legislative body, the Office of Planning and Research, and the Department of Housing and Community Development that includes all of the following:
(A)The status of the plan and progress in its implementation.
(B)The progress in meeting its share of regional housing needs determined pursuant to Section 65584 and local efforts to remove governmental constraints to the maintenance, improvement, and development of housing pursuant to paragraph (3) of subdivision (c) of Section 65583.
The housing element portion of the annual report, as required by this paragraph, shall be prepared through the use of forms and definitions adopted by the Department of Housing and Community Development pursuant to the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2). Before and after adoption of the forms, the housing element portion of the annual report shall include a section that describes the actions taken by the local government towards completion of the programs and status of the local governments compliance with the deadlines in its housing element. That report shall be considered at an annual public meeting before the legislative body where members of the public shall be allowed to provide oral testimony and written comments.
The report may include the number of units that have been substantially rehabilitated, converted from nonaffordable to affordable by acquisition, and preserved consistent with the standards set forth in paragraph (2) of subdivision (c) of Section 65583.1. The report shall document how the units meet the standards set forth in that subdivision.
(C)The degree to which its approved general plan complies with the guidelines developed and adopted pursuant to Section 65040.2 and the date of the last revision to the general plan.
(D)The number of net new units of housing, including both rental housing and housing designated for homeownership, home ownership, that have secured all approvals from the local government and special districts needed to qualify for a building permit been issued an entitlement, a building permit, or a certificate of occupancy, thus far in the housing element cycle, and the income category, by area median income category, that each unit of housing, including both rental housing and housing designated for homeownership, home ownership, satisfies. That report shall, for each income category described in this subparagraph, distinguish between the number of rental housing units that satisfy each income category and the number of units that are housing designated for homeownership home ownership that satisfy each income category. The report shall include, for each entitlement, building permit, or certificate of occupancy, a unique site identifier, such as street address, ZIP Code, or assessors parcel number.
(E)The Department of Housing and Community Development shall post a report submitted pursuant to this paragraph on its Internet Web site within a reasonable time of receiving the report.
(b)If a court finds, upon a motion to that effect, that a city, county, or city and county failed to submit, within 60 days of the deadline established in this section, the housing element portion of the report required pursuant to subparagraph (B) of paragraph (2) of subdivision (a) that substantially complies with the requirements of this section, the court shall issue an order or judgment compelling compliance with this section within 60 days. If the city, county, or city and county fails to comply with the courts order within 60 days, the plaintiff or petitioner may move for sanctions, and the court may, upon that motion, grant appropriate sanctions. The court shall retain jurisdiction to ensure that its order or judgment is carried out. If the court determines that its order or judgment is not carried out within 60 days, the court may issue further orders as provided by law to ensure that the purposes and policies of this section are fulfilled. This subdivision applies to proceedings initiated on or after the first day of October following the adoption of forms and definitions by the Department of Housing and Community Development pursuant to paragraph (2) of subdivision (a), but no sooner than six months following that adoption.
SEC. 2.Section 65582.1 of the Government Code is amended to read:65582.1.The Legislature finds and declares that it has provided reforms and incentives to facilitate and expedite the approval and construction of affordable housing. Those reforms and incentives can be found in the following provisions:
(a)Housing element law (Article 10.6 (commencing with Section 65580) of Chapter 3).
(b)Extension of statute of limitations in actions challenging the housing element and brought in support of affordable housing (subdivision (d) of Section 65009).
(c)Restrictions on disapproval of housing developments (Section 65589.5).
(d)Priority for affordable housing in the allocation of water and sewer hookups (Section 65589.7).
(e)Least cost zoning law (Section 65913.1).
(f)Density bonus law (Section 65915).
(g)Accessory dwelling units (Sections 65852.150 and 65852.2).
(h)By-right housing, in which certain multifamily housing are designated a permitted use (Section 65589.4).
(i)No-net-loss-in zoning density law limiting downzonings and density reductions (Section 65863).
(j)Requiring persons who sue to halt affordable housing to pay attorney fees (Section 65914) or post a bond (Section 529.2 of the Code of Civil Procedure).
(k)Reduced time for action on affordable housing applications under the approval of development permits process (Article 5 (commencing with Section 65950) of Chapter 4.5).
(l)Limiting moratoriums on multifamily housing (Section 65858).
(m)Prohibiting discrimination against affordable housing (Section 65008).
(n)California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3).
(o)Community redevelopment law (Part 1 (commencing with Section 33000) of Division 24 of the Health and Safety Code, and in particular Sections 33334.2 and 33413).
(p)Streamlining housing approvals during a housing shortage (Section 65913.4).
SEC. 3.Section 65913.4 is added to the Government Code, to read:65913.4.(a)A development shall be subject to the streamlined, ministerial approval process provided by subdivision (b) and shall not be subject to a conditional use permit if it satisfies all of the following objective planning standards:
(1)The development is a multifamily housing development that contains two or more residential units.
(2)The development is located on a site that satisfies both of the following:
(A)Is an urban infill site as defined by Section 21061.3 of the Public Resources Code.
(B)Is a site zoned for residential use or residential mixed use mixed-use development with at least two-thirds of the square footage designated for residential use.
(3)If the development contains units that are subsidized, the development applicant or development proponent already has recorded, or is required by law to record, a land use restriction that is: for the following applicable minimum durations:
(A)Fifty-five years for subsidized units that are rented.
(B)Forty-five years for subsidized units that are owned.
(4)The development development, excluding any additional density or any other concessions, incentives, or waivers of development standards granted pursuant to the Density Bonus Law in Section 65915, satisfies both of the following:
(A)Is located in a locality that, according to its last production report to that the Department of Housing and Community Development, approved fewer units of housing by income category than was required for the regional housing needs assessment cycle for that reporting period, or Development has determined, based on the last production report submitted by the locality to the department, is eligible under this subparagraph on the basis that the number of units that have been issued building permits is less than the localitys share of the regional housing needs, by income category, for that reporting period. A locality shall remain eligible under this subparagraph for four years after the date that the department determined the locality was eligible, and, at that date, the department shall determine, based on the last production report submitted by the locality, whether the locality is eligible for another four-year period on the basis described above. A locality shall be deemed to be eligible under this subparagraph if it has not submitted an annual housing element report to the Department of Housing and Community Development pursuant to paragraph (2) of subdivision (a) of Section 65400 for at least two consecutive years before the development submitted an application for approval under this section.
(B)The development is subject to a requirement mandating a minimum percentage of below market rate housing based on either of the following:
(i)The locality did not submit its latest production report to the Department of Housing and Community Development by the time period required by Section 65400, or that report reflects that there were fewer units of above moderate-income housing approved than was were required for the regional housing needs assessment cycle for that year, and year. In addition, if the project contains more than 10 units of housing, the project seeking approval dedicates a minimum of 10 percent of the total number of units to housing affordable to households making below 80 percent of the area median income, unless the locality has adopted a local ordinance that requires that greater than 10 percent of the units be dedicated to housing affordable to households making below 80 percent of the area median income, in which case that zoning ordinance applies.
(ii)The locality did not submit its latest production report to the Department of Housing and Community Development by the time period required by Section 65400, or that report reflects that there were fewer units of housing affordable to households making below 80 percent of the area median income approved that were issued building permits than was required for the regional housing needs assessment cycle for that year, and the project seeking approval dedicates the majority 50 percent of the total number of units to housing affordable to households making below 80 percent of the area median income, unless the locality has adopted a local ordinance that requires that greater than the majority 50 percent of the units be dedicated to housing affordable to households making below 80 percent of the area median income, in which case that ordinance applies.
(5)The development is consistent with objective zoning standards, including the Density Bonus Law in Section 65915, and objective design review standards in effect at the time that the development is submitted to the local government pursuant to this section. For purposes of this paragraph, objective zoning standards and objective design review standards mean standards that involve no personal or subjective judgment by a public official.
(6)The development is not located on a site that is any of the following:
(A)A coastal zone, as defined in Division 20 (commencing with Section 30000) of the Public Resources Code.
(B)Either prime farmland or farmland of statewide importance, as defined pursuant to United States Department of Agriculture land inventory and monitoring criteria, as modified for California, and designated on the maps prepared by the Farmland Mapping and Monitoring Program of the Department of Conservation, or land zoned or designated for agricultural protection or preservation by a local ballot measure that was approved by the voters of that jurisdiction.
(C)Wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).
(D)Within a very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to Section 51178, or within a high or very high fire hazard severity zone as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to Section 4202 of the Public Resources Code. This subparagraph does not apply to sites excluded from the specified hazard zones by a local agency, pursuant to subdivision (b) of Section 51179, or sites that have adopted sufficient fire hazard mitigation measures as may be determined by their local agency with land use authority.
(E)A hazardous waste site that is listed pursuant to Section 65962.5 or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Section 25356 of the Health and Safety Code, unless the Department of Toxic Substances Control has cleared the site for residential use or residential mixed uses.
(F)Within a delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist. Geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law (Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code), and by any local building department under Chapter 12.2 (commencing with Section 8875) of Division 1 of Title 2.
(G)Within a flood plain as determined by maps promulgated by the Federal Emergency Management Agency, unless the development has been issued a flood plain development permit pursuant to Part 59 (commencing with Section 59.1) and Part 60 (commencing with Section 60.1) of Subchapter B of Chapter I of Title 44 of the Code of Federal Regulations.
(H)Within a floodway as determined by maps promulgated by the Federal Emergency Management Agency, unless the development has received a no rise no-rise certification in accordance with paragraph (3) of subdivision (d) of Section 60.3 Section 60.3(d)(3) of Title 44 of the Code of Federal Regulations.
(I)Lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code), habitat conservation plan pursuant to the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), or other adopted natural resource protection plan.
(J)Habitat Occupied habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code).
(K)Lands under conservation easement.
(7)The development does not require the demolition of either of the following: is not located on a site where any of the following apply:
(A)Housing that is subject to rent control, housing that is subject to deed restrictions, or any The development would require the demolition of housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income, housing that is subject to any form of rent or price control through a public entitys valid exercise of its police power, or housing that has been occupied by residents tenants within the past 10 years by tenants. years.
(B)The site was previously used for housing that was occupied by tenants that was demolished within 10 years before the development proponent submits an application under this section.
(B)A(C)The development would require the demolition of a historic structure that was placed on a national, state, or local historic register.
(8)The development proponent has certified that either one of the following is true:
(A)The project is a public work for purposes of Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code.
(B)If the project is not a public work, that all construction workers employed in the execution of the project will be paid at least the general prevailing rate of per diem wages for the type of work and geographic area, as determined by the Director of Industrial Relations pursuant to Sections 1773 and 1773.9 of the Labor Code. If the development is subject to this subparagraph, then all of the following shall apply:
(i)The development proponent shall ensure that the prevailing wage requirement is included in all contracts for the performance of the work.
(ii)Contractors and subcontractors shall pay to all construction workers employed in the execution of the work at least the general prevailing rate of per diem wages.
(iii)Except as provided in clause (iv), the obligation of the contractors and subcontractors to pay prevailing wages may be enforced by the Labor Commissioner through the issuance of a civil wage and penalty assessment pursuant to Section 1741 of the Labor Code, which may be reviewed pursuant to Section 1742 of the Labor Code, within 18 months after the completion of the project, or by an underpaid worker through an administrative complaint or civil action. If a civil wage and penalty assessment is issued, the contractor, subcontractor, and surety on a bond or bonds issued to secure the payment of wages covered by the assessment shall be liable for liquidated damages pursuant to Section 1742.1 of the Labor Code.
(iv)Clause (iii) shall not apply if all contractors and subcontractors performing work on the project are subject to a project labor agreement that requires the payment of prevailing wages to all construction workers employed in the execution of the project and provides for enforcement of that obligation through an arbitration procedure. For purposes of this clause, project labor agreement has the same meaning as set forth in paragraph (1) of subdivision (b) of Section 2500 of the Public Contract Code.
(v)Notwithstanding subdivision (c) of Section 1773.1 of the Labor Code, the requirement that employer payments not reduce the obligation to pay the hourly straight time or overtime wages found to be prevailing shall not apply if otherwise provided in a bona fide collective bargaining agreement covering the worker. The requirements of paragraph (2) of subdivision (c) of Section 1773.1 of the Labor Code do not preclude use of an alternative workweek schedule adopted pursuant to Section 511 or 514 of the Labor Code.
(C)For developments that are not 100 percent subsidized affordable housing and are larger than ____ units, that a skilled and trained workforce shall be used to complete the project. For purposes of this subparagraph, skilled and trained workforce has the same meaning as provided in subdivision (d) of Section 2601 of the Public Contract Code.
(9)The development shall not be upon an existing parcel of land or site that is governed under the Mobilehome Residency Law (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2 of Division 2 of the Civil Code), the Recreational Vehicle Park Occupancy Law (Chapter 2.6 (commencing with Section 799.20) of Title 2 of Part 2 of Division 2 of the Civil Code), the Mobilehome Parks Act (Part 2.1 (commencing with Section 18200) of Division 13 of the Health and Safety Code), or the Special Occupancy Parks Act (Part 2.3 (commencing with Section 18860) of Division 13 of the Health and Safety Code).
(b)(1)If a local government determines that a development submitted pursuant to this section is in conflict with any of the objective planning standards specified in subdivision (a), it shall provide the development proponent written documentation of which standard or standards the development conflicts with, and an explanation for the reason or reasons the development conflicts with that standard or standards, as follows:
(A)Within 60 days of submittal of the development to the local government pursuant to this section if the development contains 150 or fewer housing units.
(B)Within 90 days of submittal of the development to the local government pursuant to this section if the development contains more than 150 housing units.
(2)If the local government fails to provide the required documentation pursuant to paragraph (1), the development shall be deemed to satisfy the objective planning standards specified in subdivision (a).
(c)Any design review or public oversight of the development may be conducted by the local governments supervising body for design review, including a planning department or city council. planning commission or any equivalent board or commission responsible for review and approval of development projects, or the city council or board of supervisors, as appropriate. That design review or public oversight shall be objective and reflect be strictly focused on assessing compliance with criteria required for streamlined projects, as well as any reasonable objective design standards published and adopted by ordinance or resolution by a local jurisdiction before submission of a development application, and shall be broadly applicable to development within the jurisdiction. That design review or public oversight shall be completed as follows and shall not in any way inhibit, chill, or preclude the ministerial approval provided by this section or its effect, as applicable:
(1)Within 90 days of submittal of the development to the local government pursuant to this section if the development contains 150 or fewer housing units.
(2)Within 180 days of submittal of the development to the local government pursuant to this section if the development contains more than 150 housing units.
(d)(1)Notwithstanding any other law, a local government, whether or not it has adopted an ordinance governing parking requirements in multifamily developments, shall not impose parking standards for a streamlined development that was approved pursuant to this section in any of the following instances:
(A)The development is located within one-half mile of public transit.
(B)The development is located within an architecturally and historically significant historic district.
(C)When on-street parking permits are required but not offered to the occupants of the development.
(D)When there is a car share vehicle located within one block of the development.
(2)Parking If the development does not fall within any of the categories described in paragraph (1), the local government shall not impose parking requirements for streamlined developments shall not approved pursuant to this section that exceed one parking space per unit.
(e)(1)If a local government approves a development pursuant to this section, then, notwithstanding any other law, that approval shall not expire if the project includes public investment in housing affordability, beyond tax credits, where the majority 50 percent of the units are affordable to households making below 80 percent of the area median income.
(2)If a local government approves a development pursuant to this section and the project does not include a majority 50 percent of the units affordable to households making below 80 percent of the area median income, that approval shall automatically expire after three years except that a project may receive a one-time, one-year extension if the project proponent can provide documentation that there has been significant progress toward getting the development construction ready. ready, such as filing a building permit application.
(f)A local government shall not adopt any requirement, including, but not limited to, increased fees or inclusionary housing requirements, that applies to a project solely or partially on the basis that the project is eligible to receive ministerial or streamlined approval pursuant to this section.
(f)(g)For purposes of this section, locality section:
(1)Locality or local government means a city, including a charter city, a county, including a charter county, or a city and county, including a charter city and county.
(g)For purposes of this section, production(2)Production report means the information reported pursuant to subparagraph (D) of paragraph (2) of subdivision (a) of Section 65400.
(3)Subsidized means units that are price or rent restricted such that the units are permanently affordable to households meeting the definitions of very low and lower income, as defined in Sections 50079.5 and 50105 of the Health and Safety Code.
SEC. 4.The Legislature finds and declares that ensuring access to affordable housing is a matter of statewide concern, and not a municipal affair. Therefore, the changes made by this act are applicable to a charter city, a charter county, and a charter city and county.
SEC. 5.Each provision of this measure is a material and integral part of this measure, and the provisions of this measure are not severable. If any provision of this measure or its application is held invalid, this entire measure shall be null and void.
SEC. 6.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.
(a)After the legislative body has adopted all or part of a general plan, the planning agency shall do both of the following:
(1)Investigate and make recommendations to the legislative body regarding reasonable and practical means for implementing the general plan or element of the general plan, so that it will serve as an effective guide for orderly growth and development, preservation and conservation of open-space land and natural resources, and the efficient expenditure of public funds relating to the subjects addressed in the general plan.
(2)Provide by April 1 of each year an annual report to the legislative body, the Office of Planning and Research, and the Department of Housing and Community Development that includes all of the following:
(A)The status of the plan and progress in its implementation.
(B)The progress in meeting its share of regional housing needs determined pursuant to Section 65584 and local efforts to remove governmental constraints to the maintenance, improvement, and development of housing pursuant to paragraph (3) of subdivision (c) of Section 65583.
The housing element portion of the annual report, as required by this paragraph, shall be prepared through the use of forms and definitions adopted by the Department of Housing and Community Development pursuant to the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2). Before and after adoption of the forms, the housing element portion of the annual report shall include a section that describes the actions taken by the local government towards completion of the programs and status of the local governments compliance with the deadlines in its housing element. That report shall be considered at an annual public meeting before the legislative body where members of the public shall be allowed to provide oral testimony and written comments.
The report may include the number of units that have been substantially rehabilitated, converted from nonaffordable to affordable by acquisition, and preserved consistent with the standards set forth in paragraph (2) of subdivision (c) of Section 65583.1. The report shall document how the units meet the standards set forth in that subdivision.
(C)The degree to which its approved general plan complies with the guidelines developed and adopted pursuant to Section 65040.2 and the date of the last revision to the general plan.
(D)The number of units of housing, including both rental housing and housing designated for homeownership, that have completed construction secured all approvals from the local government and special districts needed to qualify for a building permit thus far in the housing element cycle, and the income category, by area median income category, that each unit of housing, including both rental housing and housing designated for homeownership, satisfies. That report shall, for each income category described in this subparagraph, distinguish between the number of rental housing units that satisfy each income category and the number of units that are housing designated for homeownership that satisfy each income category.
(E)The Department of Housing and Community Development shall post a report submitted pursuant to this paragraph on its Internet Web site within a reasonable time of receiving the report.
(b)If a court finds, upon a motion to that effect, that a city, county, or city and county failed to submit, within 60 days of the deadline established in this section, the housing element portion of the report required pursuant to subparagraph (B) of paragraph (2) of subdivision (a) that substantially complies with the requirements of this section, the court shall issue an order or judgment compelling compliance with this section within 60 days. If the city, county, or city and county fails to comply with the courts order within 60 days, the plaintiff or petitioner may move for sanctions, and the court may, upon that motion, grant appropriate sanctions. The court shall retain jurisdiction to ensure that its order or judgment is carried out. If the court determines that its order or judgment is not carried out within 60 days, the court may issue further orders as provided by law to ensure that the purposes and policies of this section are fulfilled. This subdivision applies to proceedings initiated on or after the first day of October following the adoption of forms and definitions by the Department of Housing and Community Development pursuant to paragraph (2) of subdivision (a), but no sooner than six months following that adoption.
SEC. 2.Section 65582.1 of the Government Code is amended to read:65582.1.The Legislature finds and declares that it has provided reforms and incentives to facilitate and expedite the approval and construction of affordable housing. Those reforms and incentives can be found in the following provisions:
(a)Housing element law (Article 10.6 (commencing with Section 65580) of Chapter 3).
(b)Extension of statute of limitations in actions challenging the housing element and brought in support of affordable housing (subdivision (d) of Section 65009).
(c)Restrictions on disapproval of housing developments (Section 65589.5).
(d)Priority for affordable housing in the allocation of water and sewer hookups (Section 65589.7).
(e)Least cost zoning law (Section 65913.1).
(f)Density bonus law (Section 65915).
(g)Accessory dwelling units (Sections 65852.150 and 65852.2).
(h)By-right housing, in which certain multifamily housing are designated a permitted use (Section 65589.4).
(i)No-net-loss-in zoning density law limiting downzonings and density reductions (Section 65863).
(j)Requiring persons who sue to halt affordable housing to pay attorney fees (Section 65914) or post a bond (Section 529.2 of the Code of Civil Procedure).
(k)Reduced time for action on affordable housing applications under the approval of development permits process (Article 5 (commencing with Section 65950) of Chapter 4.5).
(l)Limiting moratoriums on multifamily housing (Section 65858).
(m)Prohibiting discrimination against affordable housing (Section 65008).
(n)California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3).
(o)Community redevelopment law (Part 1 (commencing with Section 33000) of Division 24 of the Health and Safety Code, and in particular Sections 33334.2 and 33413).
(p)Streamlining housing approvals during a housing shortage (Section 65913.4).
SEC. 3.Section 65913.4 is added to the Government Code, to read:65913.4.(a)A development shall be subject to the streamlined, ministerial approval process provided by subdivision (b) and shall not be subject to a conditional use permit if it satisfies all of the following objective planning standards:
(1)The development is an accessory dwelling unit development or a multifamily housing development that contains two or more residential units.
(2)The development is located on a site that satisfies both of the following:
(A)Is an urban infill site as defined by Section 21061.3 of the Public Resources Code.
(B)Is a site zoned for residential use or residential mixed use development with at least two-thirds of the square footage designated for residential use.
(3)If the development contains units that are subsidized, the development applicant or development proponent already has recorded, or is required by law to record, a land use restriction that is:
(A)Fifty-five years for subsidized units that are rented.
(B)Forty-five years for subsidized units that are owned.
(4)The development satisfies both of the following:
(A)Is located in a locality that, according to its last production report to the Department of Housing and Community Development, completed construction of approved fewer units of housing by income category than was required for the regional housing needs assessment cycle for that reporting period, or has not submitted an annual housing element report to the Department of Housing and Community Development pursuant to paragraph (2) of subdivision (a) of Section 65400 for at least two consecutive years before the development submitted an application for approval under this section.
(B)The development is subject to a requirement mandating a minimum percentage of below market rate housing based on either of the following:
(i)The locality did not submit its latest production report to the Department of Housing and Community Development by the time period required by Section 65400, or that report reflects that there were fewer units of above moderate-income housing constructed approved than was required for the regional housing needs assessment cycle for that year, and the project seeking approval dedicates a minimum of 10 percent of the total number of units to housing affordable to households making below 80 percent of the area median income, unless the locality has adopted a local ordinance that requires that greater than 10 percent of the units be dedicated to housing affordable to households making below 80 percent of the area median income, in which case that zoning ordinance applies.
(ii)The locality did not submit its latest production report to the Department of Housing and Community Development by the time period required by Section 65400, or that report reflects that there were fewer units of housing affordable to households making below 80 percent of the area median income constructed approved than was required for the regional housing needs assessment cycle for that year, and the project seeking approval dedicates the majority of the total number of units to housing affordable to households making below 80 percent of the area median income, unless the locality has adopted a local ordinance that requires that greater than the majority of the units be dedicated to housing affordable to households making below 80 percent of the area median income, in which case that ordinance applies.
(5)The development is consistent with objective zoning standards, including the Density Bonus Law in Section 65915, and objective design review standards in effect at the time that the development is submitted to the local government pursuant to this section. For purposes of this paragraph, objective zoning standards and objective design review standards mean standards that involve no personal or subjective judgment by a public official.
(6)The development is not located on a site that is any of the following:
(A)A coastal zone, as defined in Division 20 (commencing with Section 30000) of the Public Resources Code.
(B)Either prime farmland or farmland of statewide importance, as defined pursuant to United States Department of Agriculture land inventory and monitoring criteria, as modified for California, and designated on the maps prepared by the Farmland Mapping and Monitoring Program of the Department of Conservation, or land zoned or designated for agricultural protection or preservation by a local ballot measure that was approved by the voters of that jurisdiction.
(C)Wetlands, as defined in Section 328.3 of Title 33 of the Code of Federal Regulations. the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).
(D)Within a very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to Section 51178, or within a high or very high fire hazard severity zone as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to Section 4202 of the Public Resources Code. This subparagraph does not apply to sites excluded from the specified hazard zones by a local agency, pursuant to subdivision (b) of Section 51179, or sites that have adopted sufficient fire hazard mitigation measures as may be determined by their local agency with land use authority.
(E)A hazardous waste site that is listed pursuant to Section 65962.5 or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Section 25356 of the Health and Safety Code, unless the Department of Toxic Substances Control has cleared the site for residential use or residential mixed uses.
(F)Within a delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist.
(G)Within a flood plain as determined by maps promulgated by the Federal Emergency Management Agency, unless the development has been issued a flood plain development permit pursuant to Part 59 (commencing with Section 59.1) and Part 60 (commencing with Section 60.1) of Subchapter B of Chapter I of Title 44 of the Code of Federal Regulations.
(H)Within a floodway as determined by maps promulgated by the Federal Emergency Management Agency, unless the development has received a no rise certification in accordance with paragraph (3) of subdivision (d) of Section 60.3 of Title 44 of the Code of Federal Regulations.
(I)Lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code), habitat conservation plan pursuant to the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), or other adopted natural resource protection plan.
(J)Habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code).
(K)Lands under conservation easement.
(7)The development does not require the demolition of either of the following:
(A)Housing that is subject to rent control, housing that is subject to deed restrictions, or any housing that has been occupied by residents within the past 10 years by tenants.
(B)A historic structure that was placed on a national, state, or local historic register.
(8)The development proponent has certified that either of the following is true:
(A)The project is a public work for purposes of Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code.
(B)If the project is not a public work, that all construction workers employed in the execution of the project will be paid at least the general prevailing rate of per diem wages for the type of work and geographic area, as determined by the Director of Industrial Relations pursuant to Sections 1773 and 1773.9 of the Labor Code. If the development is subject to this subparagraph, then all of the following shall apply:
(i)The development proponent shall ensure that the prevailing wage requirement is included in all contracts for the performance of the work.
(ii)Contractors and subcontractors shall pay to all construction workers employed in the execution of the work at least the general prevailing rate of per diem wages.
(iii)Except as provided in clause (iv), the obligation of the contractors and subcontractors to pay prevailing wages may be enforced by the Labor Commissioner through the issuance of a civil wage and penalty assessment pursuant to Section 1741 of the Labor Code, which may be reviewed pursuant to Section 1742 of the Labor Code, within 18 months after the completion of the project, or by an underpaid worker through an administrative complaint or civil action. If a civil wage and penalty assessment is issued, the contractor, subcontractor, and surety on a bond or bonds issued to secure the payment of wages covered by the assessment shall be liable for liquidated damages pursuant to Section 1742.1 of the Labor Code.
(iv)Clause (iii) shall not apply if all contractors and subcontractors performing work on the project are subject to a project labor agreement that requires the payment of prevailing wages to all construction workers employed in the execution of the project and provides for enforcement of that obligation through an arbitration procedure. For purposes of this clause, project labor agreement has the same meaning as set forth in paragraph (1) of subdivision (b) of Section 2500 of the Public Contract Code.
(v)Notwithstanding subdivision (c) of Section 1773.1 of the Labor Code, the requirement that employer payments not reduce the obligation to pay the hourly straight time or overtime wages found to be prevailing shall not apply if otherwise provided in a bona fide collective bargaining agreement covering the worker. The requirements of paragraph (2) of subdivision (c) of Section 1773.1 of the Labor Code do not preclude use of an alternative workweek schedule adopted pursuant to Section 511 or 514 of the Labor Code.
(9)The development shall not be upon an existing parcel of land or site that is governed under the Mobilehome Residency Law (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2 of Division 2 of the Civil Code), the Recreational Vehicle Park Occupancy Law (Chapter 2.6 (commencing with Section 799.20) of Title 2 of Part 2 of Division 2 of the Civil Code), the Mobilehome Parks Act (Part 2.1 (commencing with Section 18200) of Division 13 of the Health and Safety Code), or the Special Occupancy Parks Act (Part 2.3 (commencing with Section 18860) of Division 13 of the Health and Safety Code).
(b)(1)If a local government determines that a development submitted pursuant to this section is in conflict with any of the objective planning standards specified in subdivision (a), it shall provide the development proponent written documentation of which standard or standards the development conflicts with, and an explanation for the reason or reasons the development conflicts with that standard or standards, as follows:
(A)Within 60 days of submittal of the development to the local government pursuant to this section if the development contains 150 or fewer housing units.
(B)Within 90 days of submittal of the development to the local government pursuant to this section if the development contains more than 150 housing units.
(2)If the local government fails to provide the required documentation pursuant to paragraph (1), the development shall be deemed to satisfy the objective planning standards specified in subdivision (a).
(c)Any design review of the development may be conducted by the local governments supervising body for design review, including a planning department or city council, and council. That design review shall be objective and reflect reasonable objective design standards published and adopted by a local jurisdiction before submission of a development application, and shall be broadly applicable to development within the jurisdiction. That design review shall be completed as follows and shall not in any way inhibit, chill, or preclude the ministerial approval provided by this section or its effect, as applicable:
(1)Within 90 days of submittal of the development to the local government pursuant to this section if the development contains 150 or fewer housing units.
(2)Within 180 days of submittal of the development to the local government pursuant to this section if the development contains more than 150 housing units.
(d)(1)Notwithstanding any other law, a local government, whether or not it has adopted an ordinance governing parking requirements in multifamily developments, shall not impose parking standards for a streamlined development in any of the following instances:
(A)The development is located within one-half mile of public transit.
(B)The development is located within an architecturally and historically significant historic district.
(C)When on-street parking permits are required but not offered to the occupants of the development.
(D)When there is a car share vehicle located within one block of the development.
(2)Parking requirements for streamlined developments shall not exceed one parking space per unit. This paragraph shall not apply to accessory dwelling units or developments described in paragraph (1).
(3)A local government shall comply with the requirements of Section 65852.2 when establishing parking requirements for a streamlined development that is an accessory dwelling unit.(e)(1)If a local government approves a development pursuant to this section, that approval shall not expire if the project includes public investment in housing affordability, beyond tax credits, where the majority of the units are affordable to households making below 80 percent of the area median income.
(2)If a local government approves a development pursuant to this section and the project does not include a majority of the units affordable to households making below 80 percent of the area median income, that approval shall automatically expire after three years except that a project may receive a one-time, one-year extension if the project proponent can provide documentation that there has been significant progress toward getting the development construction ready.
(f)For purposes of this section, locality or local government means a city, including a charter city, a county, or a city and county, including a charter city and county.
(g)For purposes of this section, production report means the information reported pursuant to subparagraph (D) of paragraph (2) of subdivision (a) of Section 65400.
SEC. 4.The Legislature finds and declares that ensuring access to affordable housing is a matter of statewide concern, and not a municipal affair. Therefore, the changes made by this act are applicable to a charter city, a charter county, and a charter city and county.
SEC. 5.Each provision of this measure is a material and integral part of this measure, and the provisions of this measure are not severable. If any provision of this measure or its application is held invalid, this entire measure shall be null and void.
SEC. 6.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.
(a)After the legislative body has adopted all or part of a general plan, the planning agency shall do both of the following:
(1)Investigate and make recommendations to the legislative body regarding reasonable and practical means for implementing the general plan or element of the general plan, so that it will serve as an effective guide for orderly growth and development, preservation and conservation of open-space land and natural resources, and the efficient expenditure of public funds relating to the subjects addressed in the general plan.
(2)Provide by April 1 of each year an annual report to the legislative body, the Office of Planning and Research, and the Department of Housing and Community Development that includes all of the following:
(A)The status of the plan and progress in its implementation.
(B)The progress in meeting its share of regional housing needs determined pursuant to Section 65584 and local efforts to remove governmental constraints to the maintenance, improvement, and development of housing pursuant to paragraph (3) of subdivision (c) of Section 65583.
The housing element portion of the annual report, as required by this paragraph, shall be prepared through the use of forms and definitions adopted by the Department of Housing and Community Development pursuant to the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2). Before and after adoption of the forms, the housing element portion of the annual report shall include a section that describes the actions taken by the local government towards completion of the programs and status of the local governments compliance with the deadlines in its housing element. That report shall be considered at an annual public meeting before the legislative body where members of the public shall be allowed to provide oral testimony and written comments.
The report may include the number of units that have been substantially rehabilitated, converted from nonaffordable to affordable by acquisition, and preserved consistent with the standards set forth in paragraph (2) of subdivision (c) of Section 65583.1. The report shall document how the units meet the standards set forth in that subdivision.
(C)The degree to which its approved general plan complies with the guidelines developed and adopted pursuant to Section 65040.2 and the date of the last revision to the general plan.
(D)The number of units of housing housing, including both rental housing and housing designated for homeownership, that have completed construction thus far in the housing element cycle, and the income category, by area median income category, that each unit of housing housing, including both rental housing and housing designated for homeownership, satisfies. That report shall, for each income category described in this subparagraph, distinguish between the number of rental housing units that satisfy each income category and the number of units that are housing designated for homeownership that satisfy each income category.
(E)The Department of Housing and Community Development shall post a report submitted pursuant to this paragraph on its Internet Web site within a reasonable time of receiving the report.
(b)If a court finds, upon a motion to that effect, that a city, county, or city and county failed to submit, within 60 days of the deadline established in this section, the housing element portion of the report required pursuant to subparagraph (B) of paragraph (2) of subdivision (a) that substantially complies with the requirements of this section, the court shall issue an order or judgment compelling compliance with this section within 60 days. If the city, county, or city and county fails to comply with the courts order within 60 days, the plaintiff or petitioner may move for sanctions, and the court may, upon that motion, grant appropriate sanctions. The court shall retain jurisdiction to ensure that its order or judgment is carried out. If the court determines that its order or judgment is not carried out within 60 days, the court may issue further orders as provided by law to ensure that the purposes and policies of this section are fulfilled. This subdivision applies to proceedings initiated on or after the first day of October following the adoption of forms and definitions by the Department of Housing and Community Development pursuant to paragraph (2) of subdivision (a), but no sooner than six months following that adoption.
SEC. 2.Section 65582.1 of the Government Code is amended to read:65582.1.The Legislature finds and declares that it has provided reforms and incentives to facilitate and expedite the construction of affordable housing. Those reforms and incentives can be found in the following provisions:
(a)Housing element law (Article 10.6 (commencing with Section 65580) of Chapter 3).
(b)Extension of statute of limitations in actions challenging the housing element and brought in support of affordable housing (subdivision (d) of Section 65009).
(c)Restrictions on disapproval of housing developments (Section 65589.5).
(d)Priority for affordable housing in the allocation of water and sewer hookups (Section 65589.7).
(e)Least cost zoning law (Section 65913.1).
(f)Density bonus law (Section 65915).
(g)Accessory dwelling units (Sections 65852.150 and 65852.2).
(h)By-right housing, in which certain multifamily housing are designated a permitted use (Section 65589.4).
(i)No-net-loss-in zoning density law limiting downzonings and density reductions (Section 65863).
(j)Requiring persons who sue to halt affordable housing to pay attorney fees (Section 65914) or post a bond (Section 529.2 of the Code of Civil Procedure).
(k)Reduced time for action on affordable housing applications under the approval of development permits process (Article 5 (commencing with Section 65950) of Chapter 4.5).
(l)Limiting moratoriums on multifamily housing (Section 65858).
(m)Prohibiting discrimination against affordable housing (Section 65008).
(n)California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3).
(o)Community redevelopment law (Part 1 (commencing with Section 33000) of Division 24 of the Health and Safety Code, and in particular Sections 33334.2 and 33413).
(p)Streamlining housing approvals during a housing shortage (Section 65913.4).
SEC. 3.Section 65913.4 is added to the Government Code, to read:65913.4.(a)A development shall be subject to the streamlined, ministerial approval process provided by subdivision (b) and shall not be subject to a conditional use permit if it satisfies all of the following objective planning standards:
(1)The development is an accessory dwelling unit development or a multifamily housing development that contains two or more residential units.
(2)The development is located on a site that satisfies both of the following:
(A)Is an urban infill site as defined by Section 21061.3 of the Public Resources Code.
(B)Is a site zoned for residential use or residential mixed use development with at least two-thirds of the square footage designated for residential use.
(3)If the development contains units that are subsidized, the development applicant or development proponent already has recorded, or is required by law to record, a land use restriction that is:
(A)Fifty-five years for subsidized units that are rented.
(B)Forty-five years for subsidized units that are owned.
(4)The development satisfies both of the following:
(A)Is located in a locality that, according to its last production report to the Department of Housing and Community Development, completed construction of fewer units of housing by income category than was required for the regional housing needs assessment cycle for that reporting period. period, or has not submitted an annual housing element report to the Department of Housing and Community Development pursuant to paragraph (2) of subdivision (a) of Section 65400 for at least two consecutive years before the development submitted an application for approval under this section.
(B)The development is subject to a requirement mandating a minimum percentage of below market rate housing based on either of the following:
(i)The localitys locality did not submit its latest production report to the Department of Housing and Community Development by the time period required by Section 65400, or that report reflects that there were fewer units of above moderate-income housing constructed than was required for the regional housing needs assessment cycle for that year, and the project seeking approval dedicates a minimum of 10 percent of the total number of units to housing affordable to households making below 80 percent of the area median income, unless the locality has adopted a local ordinance that requires that greater than 10 percent of the units be dedicated to housing affordable to households making below 80 percent of the area median income, in which case that zoning ordinance applies.
(ii)The localitys locality did not submit its latest production report to the Department of Housing and Community Development by the time period required by Section 65400, or that report reflects that there were fewer units of housing affordable to households making below 80 percent of the area median income constructed than was required for the regional housing needs assessment cycle for that year, and the project seeking approval dedicates the majority of the total number of units to housing affordable to households making below 80 percent of the area median income, unless the locality has adopted a local ordinance that requires that greater than the majority of the units be dedicated to housing affordable to households making below 80 percent of the area median income, in which case that ordinance applies.
(5)The development is consistent with objective zoning standards standards, including the Density Bonus Law in Section 65915, and objective design review standards in effect at the time that the development is submitted to the local government pursuant to this section. For purposes of this paragraph, objective zoning standards and objective design review standards mean standards that involve no personal or subjective judgment by a public official.
(6)The development is not located on a site that is any of the following:
(A)A coastal zone, as defined in Division 20 (commencing with Section 30000) of the Public Resources Code.
(B)Either prime farmland or farmland of statewide importance, as defined pursuant to United States Department of Agriculture land inventory and monitoring criteria, as modified for California, and designated on the maps prepared by the Farmland Mapping and Monitoring Program of the Department of Conservation. Conservation, or land zoned or designated for agricultural protection or preservation by a local ballot measure that was approved by the voters of that jurisdiction.
(C)Wetlands, as defined in Section 328.3 of Title 33 of the Code of Federal Regulations.
(D)Within a very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to Section 51178, or within a high or very high fire hazard severity zone as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to Section 4202 of the Public Resources Code. This subparagraph does not apply to sites excluded from the specified hazard zones by a local agency, pursuant to subdivision (b) of Section 51179, or sites that have adopted sufficient fire hazard mitigation measures as may be determined by their local agency with land use authority.
(E)A hazardous waste site that is listed pursuant to Section 65962.5 or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Section 25356 of the Health and Safety Code, unless the Department of Toxic Substances Control has cleared the site for residential use or residential mixed uses.
(F)Within a delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist.
(G)Within a flood plain as determined by maps promulgated by the Federal Emergency Management Agency, unless the development has been issued a flood plain development permit pursuant to Part 59 (commencing with Section 59.1) and Part 60 (commencing with Section 60.1) of Subchapter B of Chapter I of Title 44 of the Code of Federal Regulations.
(H)Within a floodway as determined by maps promulgated by the Federal Emergency Management Agency, unless the development has received a no rise certification in accordance with paragraph (3) of subdivision (d) of Section 60.3 of Title 44 of the Code of Federal Regulations.
(7)The development does not require the demolition of either of the following:
(A)Housing that is subject to rent control, housing that is subject to deed restrictions, or any housing that has been occupied by residents within the past 10 years. years by tenants.
(B)A historic structure that was placed on a national, state, or local historic register before December 31, 2016. register.
(8)The development proponent has certified that either of the following is true:
(A)The project is a public work for purposes of Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code.
(B)If the project is not a public work, that all construction workers employed in the execution of the project will be paid at least the general prevailing rate of per diem wages for the type of work and geographic area, as determined by the Director of Industrial Relations pursuant to Sections 1773 and 1773.9 of the Labor Code. If the development is subject to this subparagraph, then all of the following shall apply:
(i)The development proponent shall ensure that the prevailing wage requirement is included in all contracts for the performance of the work.
(ii)Contractors and subcontractors shall pay to all construction workers employed in the execution of the work at least the general prevailing rate of per diem wages.
(iii)Except as provided in clause (iv), the obligation of the contractors and subcontractors to pay prevailing wages may be enforced by the Labor Commissioner through the issuance of a civil wage and penalty assessment pursuant to Section 1741 of the Labor Code, which may be reviewed pursuant to Section 1742 of the Labor Code, within 18 months after the completion of the project, or by an underpaid worker through an administrative complaint or civil action. If a civil wage and penalty assessment is issued, the contractor, subcontractor, and surety on a bond or bonds issued to secure the payment of wages covered by the assessment shall be liable for liquidated damages pursuant to Section 1742.1 of the Labor Code.
(iv)Clause (iii) shall not apply if all contractors and subcontractors performing work on the project are subject to a project labor agreement that requires the payment of prevailing wages to all construction workers employed in the execution of the project and provides for enforcement of that obligation through an arbitration procedure. For purposes of this clause, project labor agreement has the same meaning as set forth in paragraph (1) of subdivision (b) of Section 2500 of the Public Contract Code.
(v)Notwithstanding subdivision (c) of Section 1773.1 of the Labor Code, the requirement that employer payments not reduce the obligation to pay the hourly straight time or overtime wages found to be prevailing shall not apply if otherwise provided in a bona fide collective bargaining agreement covering the worker. The requirements of paragraph (2) of subdivision (c) of Section 1773.1 of the Labor Code do not preclude use of an alternative workweek schedule adopted pursuant to Section 511 or 514 of the Labor Code.
(9)The development shall not be upon an existing parcel of land or site that is governed under the Mobilehome Residency Law (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2 of Division 2 of the Civil Code), the Recreational Vehicle Park Occupancy Law (Chapter 2.6 (commencing with Section 799.20) of Title 2 of Part 2 of Division 2 of the Civil Code), the Mobilehome Parks Act (Part 2.1 (commencing with Section 18200) of Division 13 of the Health and Safety Code), or the Special Occupancy Parks Act (Part 2.3 (commencing with Section 18860) of Division 13 of the Health and Safety Code).
(b)(1)If a local government determines that a development submitted pursuant to this section is in conflict with any of the objective planning standards specified in subdivision (a), it shall provide the development proponent written documentation of which standard or standards the development conflicts with, and an explanation for the reason or reasons the development conflicts with that standard or standards, as follows:
(A)Within 60 days of submittal of the development to the local government pursuant to this section if the development contains 150 or fewer housing units.
(B)Within 90 days of submittal of the development to the local government pursuant to this section if the development contains more than 150 housing units.
(2)If the local government fails to provide the required documentation pursuant to paragraph (1), the development shall be deemed to satisfy the objective planning standards specified in subdivision (a).
(c)Any design review of the development may be conducted by the local governments supervising body for design review, including a planning department or city council, and shall be completed as follows and shall not in any way inhibit, chill, or preclude the ministerial approval provided by this section or its effect, as applicable:
(1)Within 90 days of submittal of the development to the local government pursuant to this section if the development contains 150 or fewer housing units.
(2)Within 180 days of submittal of the development to the local government pursuant to this section if the development contains more than 150 housing units.
(d)A development approved pursuant to this section that is located within one-quarter mile of a major transit stop shall not be subject to any local or state parking minimum requirements. For purposes of this subdivision, major transit stop has the same meaning as defined in Section 21064.3 of the Public Resources Code.(d)(1)Notwithstanding any other law, a local government, whether or not it has adopted an ordinance governing parking requirements in multifamily developments, shall not impose parking standards for a streamlined development in any of the following instances:
(A)The development is located within one-half mile of public transit.
(B)The development is located within an architecturally and historically significant historic district.
(C)When on-street parking permits are required but not offered to the occupants of the development.
(D)When there is a car share vehicle located within one block of the development.
(2)Parking requirements for streamlined developments shall not exceed one parking space per unit. This paragraph shall not apply to accessory dwelling units or developments described in paragraph (1).
(3)A local government shall comply with the requirements of Section 65852.2 when establishing parking requirements for a streamlined development that is an accessory dwelling unit.
(e)(1)If a local government approves a development pursuant to this section, that approval shall not expire if the project includes public investment in housing affordability, beyond tax credits, where the majority of the units are affordable to households making below 80 percent of the area median income.
(2)If a local government approves a development pursuant to this section and the project does not include a majority of the units affordable to households making below 80 percent of the area median income, that approval shall automatically expire after three years except that a project may receive a one-time, one-year extension if the project proponent can provide documentation that there has been significant progress toward getting the development construction ready.
(f)For purposes of this section, locality or local government means a city, including a charter city, a county, or a city and county, including a charter city and county.
(g)For purposes of this section, production report means the information reported pursuant to subparagraph (D) of paragraph (2) of subdivision (a) of Section 65400.
SEC. 4.The Legislature finds and declares that ensuring access to affordable housing is a matter of statewide concern, and not a municipal affair. Therefore, the changes made by this act are applicable to a charter city, a charter county, and a charter city and county.
SEC. 5.Each provision of this measure is a material and integral part of this measure, and the provisions of this measure are not severable. If any provision of this measure or its application is held invalid, this entire measure shall be null and void.
SEC. 6.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.
(a)After the legislative body has adopted all or part of a general plan, the planning agency shall do both of the following:
(1)Investigate and make recommendations to the legislative body regarding reasonable and practical means for implementing the general plan or element of the general plan, so that it will serve as an effective guide for orderly growth and development, preservation and conservation of open-space land and natural resources, and the efficient expenditure of public funds relating to the subjects addressed in the general plan.
(2)Provide by April 1 of each year an annual report to the legislative body, the Office of Planning and Research, and the Department of Housing and Community Development that includes all of the following:
(A)The status of the plan and progress in its implementation.
(B)The progress in meeting its share of regional housing needs determined pursuant to Section 65584 and local efforts to remove governmental constraints to the maintenance, improvement, and development of housing pursuant to paragraph (3) of subdivision (c) of Section 65583.
The housing element portion of the annual report, as required by this paragraph, shall be prepared through the use of forms and definitions adopted by the Department of Housing and Community Development pursuant to the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2). Prior to Before and after adoption of the forms, the housing element portion of the annual report shall include a section that describes the actions taken by the local government towards completion of the programs and status of the local governments compliance with the deadlines in its housing element. That report shall be considered at an annual public meeting before the legislative body where members of the public shall be allowed to provide oral testimony and written comments.
The report may include the number of units that have been substantially rehabilitated, converted from nonaffordable to affordable by acquisition, and preserved consistent with the standards set forth in paragraph (2) of subdivision (c) of Section 65583.1. The report shall document how the units meet the standards set forth in that subdivision.
(C)The degree to which its approved general plan complies with the guidelines developed and adopted pursuant to Section 65040.2 and the date of the last revision to the general plan.
(D)The number of units of housing that have completed construction thus far in the housing element cycle, and the income category, by area median income category, that each unit of housing satisfies.
(E)The Department of Housing and Community Development shall post a report submitted pursuant to this paragraph on its Internet Web site within a reasonable time of receiving the report.
(b)If a court finds, upon a motion to that effect, that a city, county, or city and county failed to submit, within 60 days of the deadline established in this section, the housing element portion of the report required pursuant to subparagraph (B) of paragraph (2) of subdivision (a) that substantially complies with the requirements of this section, the court shall issue an order or judgment compelling compliance with this section within 60 days. If the city, county, or city and county fails to comply with the courts order within 60 days, the plaintiff or petitioner may move for sanctions, and the court may, upon that motion, grant appropriate sanctions. The court shall retain jurisdiction to ensure that its order or judgment is carried out. If the court determines that its order or judgment is not carried out within 60 days, the court may issue further orders as provided by law to ensure that the purposes and policies of this section are fulfilled. This subdivision applies to proceedings initiated on or after the first day of October following the adoption of forms and definitions by the Department of Housing and Community Development pursuant to paragraph (2) of subdivision (a), but no sooner than six months following that adoption.
SECTION 1.SEC. 2.Section 65582.1 of the Government Code is amended to read:65582.1.The Legislature finds and declares that it has provided reforms and incentives to facilitate and expedite the construction of affordable housing. Those reforms and incentives can be found in the following provisions:
(a)Housing element law (Article 10.6 (commencing with Section 65580) of Chapter 3).
(b)Extension of statute of limitations in actions challenging the housing element and brought in support of affordable housing (subdivision (d) of Section 65009).
(c)Restrictions on disapproval of housing developments (Section 65589.5).
(d)Priority for affordable housing in the allocation of water and sewer hookups (Section 65589.7).
(e)Least cost zoning law (Section 65913.1).
(f)Density bonus law (Section 65915).
(g)Accessory dwelling units (Sections 65852.150 and 65852.2).
(h)By-right housing, in which certain multifamily housing are designated a permitted use (Section 65589.4).
(i)No-net-loss-in zoning density law limiting downzonings and density reductions (Section 65863).
(j)Requiring persons who sue to halt affordable housing to pay attorney fees (Section 65914) or post a bond (Section 529.2 of the Code of Civil Procedure).
(k)Reduced time for action on affordable housing applications under the approval of development permits process (Article 5 (commencing with Section 65950) of Chapter 4.5).
(l)Limiting moratoriums on multifamily housing (Section 65858).
(m)Prohibiting discrimination against affordable housing (Section 65008).
(n)California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3).
(o)Community redevelopment law (Part 1 (commencing with Section 33000) of Division 24 of the Health and Safety Code, and in particular Sections 33334.2 and 33413).
(p)Streamlining housing approvals during a housing shortage (Section 65913.4).
SEC. 2.Section 65589.9 is added to the Government Code, to read:65589.9.(a)On or before April 1, 2018, and on or before April 1 each year thereafter, a city, including a charter city, and a county or city and county, including a charter city and county, shall submit a report to the Department of Housing and Community Development that includes both of the following:(1)The number of units of housing that have completed construction in the housing element cycle.(2)The income category, including very low income, low income, moderate income, and above moderate income, each unit of housing satisfies. (b)The Department of Housing and Community Development shall post on its Internet Web site, within a reasonable time after receiving the information, the information reported pursuant to subdivision (a).SEC. 3.Section 65913.4 is added to the Government Code, to read:65913.4.(a)A development shall be subject to the streamlined, ministerial approval process provided by subdivision (b) and shall not be subject to a conditional use permit if it satisfies all of the following objective planning standards:
(1)The development is an accessory dwelling unit development or a multifamily housing development that contains two or more residential units.
(2)The development is located on a site that satisfies both of the following:
(A)Is an urban infill site as defined by Section 21061.3 of the Public Resources Code.
(B)Is a site zoned for residential use or residential mixed use development. development with at least two-thirds of the square footage designated for residential use.
(3)If the development contains units that are subsidized, the development applicant or development proponent already has recorded, or is required by law to record, a land use restriction that is:
(A)Fifty-five years for subsidized units that are rented.
(B)Forty-five years for subsidized units that are owned.
(4)The development satisfies both of the following:
(A)Is located in a locality that, according to its last annual production report to the Department of Housing and Community Development, completed construction of fewer units of housing by income category than was required for the regional housing needs assessment cycle for that year. reporting period.
(B)The development is subject to a requirement mandating a minimum percentage of below market rate housing based on either of the following:
(i)The locality constructed localitys production report reflects that there were fewer units of above moderate income moderate-income housing constructed than was required for the regional housing needs assessment cycle for that year, and dedicated ____ the project seeking approval dedicates a minimum of 10 percent of the total number of units to below market rate housing, housing affordable to households making below 80 percent of the area median income, unless the locality has adopted a local inclusionary zoning ordinance that requires that greater than ____ 10 percent of the units be dedicated to below market rate housing, housing affordable to households making below 80 percent of the area median income, in which case that inclusionary zoning ordinance applies.
(ii)The locality constructed localitys latest production report reflects that there were fewer units of very low, low-, or moderate-income housing affordable to households making below 80 percent of the area median income constructed than was required for the regional housing needs assessment cycle for that year, and dedicated ____ percent the project seeking approval dedicates the majority of the total number of units to below market rate housing, housing affordable to households making below 80 percent of the area median income, unless the locality has adopted a local inclusionary zoning ordinance that requires that greater than ____ percent the majority of the units be dedicated to below market rate housing, housing affordable to households making below 80 percent of the area median income, in which case that inclusionary zoning ordinance applies.
(5)The development is consistent with objective zoning standards and objective design review standards in effect at the time that the development is submitted to the local government pursuant to this section. For purposes of this paragraph, objective zoning standards and objective design review standards mean standards that involve no personal or subjective judgment by a public official.
(6)The development is not located on a site that is any of the following:
(A)A coastal zone, as defined in Division 20 (commencing with Section 30000) of the Public Resources Code.
(B)Either prime farmland or farmland of statewide importance, as defined pursuant to United States Department of Agriculture land inventory and monitoring criteria, as modified for California, and designated on the maps prepared by the Farmland Mapping and Monitoring Program of the Department of Conservation.
(C)Wetlands, as defined in Section 328.3 of Title 33 of the Code of Federal Regulations.
(D)Within a very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to Section 51178, or within a high or very high fire hazard severity zone as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to Section 4202 of the Public Resources Code. This subparagraph does not apply to sites excluded from the specified hazard zones by a local agency, pursuant to subdivision (b) of Section 51179, or sites that have adopted sufficient fire hazard mitigation measures as may be determined by their local agency with land use authority.
(E)A hazardous waste site that is listed pursuant to Section 65962.5 or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Section 25356 of the Health and Safety Code, unless the Department of Toxic Substances Control has cleared the site for residential use or residential mixed uses.
(F)Within a delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist.
(G)Within a flood plain as determined by maps promulgated by the Federal Emergency Management Agency, unless the development has been issued a flood plain development permit pursuant to Part 59 (commencing with Section 59.1) and Part 60 (commencing with Section 60.1) of Subchapter B of Chapter I of Title 44 of the Code of Federal Regulations.
(H)Within a floodway as determined by maps promulgated by the Federal Emergency Management Agency, unless the development has received a no rise certification in accordance with paragraph (3) of subdivision (d) of Section 60.3 of Title 44 of the Code of Federal Regulations.
(7)The development does not require the demolition of either of the following:
(A)Housing that is subject to rent control, housing that is subject to deed restrictions, or any housing that has been occupied by residents within the past 10 years.
(B)A historic structure that was placed on a national, state, or local historic register prior to before December 31, 2016.
(8)It is the intent of the Legislature to amend this section to subject the development to enforceable wage requirements.(8)The development proponent has certified that either of the following is true:
(A)The project is a public work for purposes of Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code.
(B)If the project is not a public work, that all construction workers employed in the execution of the project will be paid at least the general prevailing rate of per diem wages for the type of work and geographic area, as determined by the Director of Industrial Relations pursuant to Sections 1773 and 1773.9 of the Labor Code. If the development is subject to this subparagraph, then all of the following shall apply:
(i)The development proponent shall ensure that the prevailing wage requirement is included in all contracts for the performance of the work.
(ii)Contractors and subcontractors shall pay to all construction workers employed in the execution of the work at least the general prevailing rate of per diem wages.
(iii)Except as provided in clause (iv), the obligation of the contractors and subcontractors to pay prevailing wages may be enforced by the Labor Commissioner through the issuance of a civil wage and penalty assessment pursuant to Section 1741 of the Labor Code, which may be reviewed pursuant to Section 1742 of the Labor Code, within 18 months after the completion of the project, or by an underpaid worker through an administrative complaint or civil action. If a civil wage and penalty assessment is issued, the contractor, subcontractor, and surety on a bond or bonds issued to secure the payment of wages covered by the assessment shall be liable for liquidated damages pursuant to Section 1742.1 of the Labor Code.
(iv)Clause (iii) shall not apply if all contractors and subcontractors performing work on the project are subject to a project labor agreement that requires the payment of prevailing wages to all construction workers employed in the execution of the project and provides for enforcement of that obligation through an arbitration procedure. For purposes of this clause, project labor agreement has the same meaning as set forth in paragraph (1) of subdivision (b) of Section 2500 of the Public Contract Code.
(v)Notwithstanding subdivision (c) of Section 1773.1 of the Labor Code, the requirement that employer payments not reduce the obligation to pay the hourly straight time or overtime wages found to be prevailing shall not apply if otherwise provided in a bona fide collective bargaining agreement covering the worker. The requirements of paragraph (2) of subdivision (c) of Section 1773.1 of the Labor Code do not preclude use of an alternative workweek schedule adopted pursuant to Section 511 or 514 of the Labor Code.
(b)(1)If the city, including a charter city, or the county or city and county, including a charter city and county, a local government determines that a development submitted pursuant to this section is in conflict with any of the objective planning standards specified in subdivision (a), it shall provide the development proponent written documentation of which standard or standards the development conflicts with, and an explanation for the reason or reasons the development conflicts with that standard or standards, as follows:
(A)Within 60 days of submittal of the development to the local government pursuant to this section if the development contains 150 or fewer housing units.
(B)Within 90 days of submittal of the development to the local government pursuant to this section if the development contains more than 150 housing units.
(2)If the city, including a charter city, or the county or city and county, including a charter city and county, local government fails to provide the required documentation pursuant to paragraph (1), the development shall be deemed to satisfy the objective planning standards specified in subdivision (a).
(c)Any design review of the development may be conducted by the local governments supervising body for design review, including a planning department or city council, and shall be completed as follows and shall not in any way inhibit, chill, or preclude the ministerial approval provided by this section or its effect, as applicable:
(1)Within 90 days of submittal of the development to the local government pursuant to this section if the development contains 150 or fewer housing units.
(2)Within 180 days of submittal of the development to the local government pursuant to this section if the development contains more than 150 housing units.
(d)A development approved pursuant to this section that is located within one-quarter mile of a major transit stop shall not be subject to any local or state parking minimum requirements. For purposes of this subdivision, major transit stop has the same meaning as defined in Section 21064.3 of the Public Resources Code.
(e)(1)If a local government approves a development pursuant to this section, that approval shall not expire if the project includes public investment in housing affordability, beyond tax credits, where the majority of the units are affordable to households making below 80 percent of the area median income.
(2)If a local government approves a development pursuant to this section and the project does not include a majority of the units affordable to households making below 80 percent of the area median income, that approval shall automatically expire after three years except that a project may receive a one-time, one-year extension if the project proponent can provide documentation that there has been significant progress toward getting the development construction ready.
(f)For purposes of this section, locality or local government means a city, including a charter city, a county, or a city and county, including a charter city and county.
(g)For purposes of this section, production report means the information reported pursuant to subparagraph (D) of paragraph (2) of subdivision (a) of Section 65400.
SEC. 4.The Legislature finds and declares that ensuring access to affordable housing is a matter of statewide concern, and not a municipal affair. Therefore, the changes made by this act are applicable to a charter city, a charter county, and a charter city and county.
SEC. 5.Each provision of this measure is a material and integral part of this measure, and the provisions of this measure are not severable. If any provision of this measure or its application is held invalid, this entire measure shall be null and void.
SEC. 4.SEC. 6.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.
The Legislature finds and declares that it has provided reforms and incentives to facilitate and expedite the construction of affordable housing. Those reforms and incentives can be found in the following provisions:
(a)Housing element law (Article 10.6 (commencing with Section 65580) of Chapter 3).
(b)Extension of statute of limitations in actions challenging the housing element and brought in support of affordable housing (subdivision (d) of Section 65009).
(c)Restrictions on disapproval of housing developments (Section 65589.5).
(d)Priority for affordable housing in the allocation of water and sewer hookups (Section 65589.7).
(e)Least cost zoning law (Section 65913.1).
(f)Density bonus law (Section 65915).
(g)Accessory dwelling units (Sections 65852.150 and 65852.2).
(h)By-right housing, in which certain multifamily housing are designated a permitted use (Section 65589.4).
(i)No-net-loss-in zoning density law limiting downzonings and density reductions (Section 65863).
(j)Requiring persons who sue to halt affordable housing to pay attorney fees (Section 65914) or post a bond (Section 529.2 of the Code of Civil Procedure).
(k)Reduced time for action on affordable housing applications under the approval of development permits process (Article 5 (commencing with Section 65950) of Chapter 4.5).
(l)Limiting moratoriums on multifamily housing (Section 65858).
(m)Prohibiting discrimination against affordable housing (Section 65008).
(n)California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3).
(o)Community redevelopment law (Part 1 (commencing with Section 33000) of Division 24 of the Health and Safety Code, and in particular Sections 33334.2 and 33413).
(p)Streamlining housing approvals during a housing shortage (Section 65913.4).
SEC. 2.Section 65589.9 is added to the Government Code, to read:65589.9.(a)On or before April 1, 2018, and on or before April 1 each year thereafter, a city, including a charter city, and a county or city and county, including a charter city and county, shall submit a report to the Department of Housing and Community Development that includes both of the following:
(1)The number of units of housing that have completed construction in the housing element cycle.
(2)The income category, including very low income, low income, moderate income, and above moderate income, each unit of housing satisfies.
(b)The Department of Housing and Community Development shall post on its Internet Web site, within a reasonable time after receiving the information, the information reported pursuant to subdivision (a).
SEC. 3.Section 65913.4 is added to the Government Code, to read:65913.4.(a)A development shall be subject to the streamlined, ministerial approval process provided by subdivision (b) and shall not be subject to a conditional use permit if it satisfies all of the following objective planning standards:
(1)The development is an accessory dwelling unit development or a multifamily housing development that contains two or more residential units.
(2)The development is located on a site that satisfies both of the following:
(A)Is an urban infill site as defined by Section 21061.3 of the Public Resources Code.
(B)Is a site zoned for residential use or residential mixed use development.
(3)If the development contains units that are subsidized, the development applicant or development proponent already has recorded, or is required by law to record, a land use restriction that is:
(A)Fifty-five years for subsidized units that are rented.
(B)Forty-five years for subsidized units that are owned.
(4)The development satisfies both of the following:
(A)Is located in a locality that, according to its last annual production report to the Department of Housing and Community Development, completed construction of fewer units of housing by income category than was required for the regional housing needs assessment cycle for that year.
(B)The development is subject to a requirement mandating a minimum percentage of below market rate housing based on the following:
(i)The locality constructed fewer units of above moderate income housing than was required for the regional housing needs assessment cycle for that year, and dedicated ____ percent of the total number of units to below market rate housing, unless the locality has adopted a local inclusionary zoning ordinance that requires that greater than ____ percent of the units be dedicated to below market rate housing, in which case that inclusionary zoning ordinance applies.
(ii)The locality constructed fewer units of very low, low-, or moderate-income housing than was required for the regional housing needs assessment cycle for that year, and dedicated ____ percent of the total number of units to below market rate housing, unless the locality has adopted a local inclusionary zoning ordinance that requires that greater than ____ percent of the units be dedicated to below market rate housing, in which case that inclusionary zoning ordinance applies.
(5)The development is consistent with objective zoning standards and objective design review standards in effect at the time that the development is submitted to the local government pursuant to this section. For purposes of this paragraph, objective zoning standards and objective design review standards mean standards that involve no personal or subjective judgment by a public official.
(6)The development is not located on a site that is any of the following:
(A)A coastal zone, as defined in Division 20 (commencing with Section 30000) of the Public Resources Code.
(B)Either prime farmland or farmland of statewide importance, as defined pursuant to United States Department of Agriculture land inventory and monitoring criteria, as modified for California, and designated on the maps prepared by the Farmland Mapping and Monitoring Program of the Department of Conservation.
(C)Wetlands, as defined in Section 328.3 of Title 33 of the Code of Federal Regulations.
(D)Within a very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to Section 51178, or within a high or very high fire hazard severity zone as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to Section 4202 of the Public Resources Code. This subparagraph does not apply to sites excluded from the specified hazard zones by a local agency, pursuant to subdivision (b) of Section 51179, or sites that have adopted sufficient fire hazard mitigation measures as may be determined by their local agency with land use authority.
(E)A hazardous waste site that is listed pursuant to Section 65962.5 or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Section 25356 of the Health and Safety Code, unless the Department of Toxic Substances Control has cleared the site for residential use or residential mixed uses.
(F)Within a delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist.
(G)Within a flood plain as determined by maps promulgated by the Federal Emergency Management Agency, unless the development has been issued a flood plain development permit pursuant to Part 59 (commencing with Section 59.1) and Part 60 (commencing with Section 60.1) of Subchapter B of Chapter I of Title 44 of the Code of Federal Regulations.
(H)Within a floodway as determined by maps promulgated by the Federal Emergency Management Agency, unless the development has received a no rise certification in accordance with paragraph (3) of subdivision (d) of Section 60.3 of Title 44 of the Code of Federal Regulations.
(7)The development does not require the demolition of either of the following:
(A)Housing that is subject to rent control, housing that is subject to deed restrictions, or any housing that has been occupied by residents within the past 10 years.
(B)A historic structure that was placed on a national, state, or local historic register prior to December 31, 2016.
(8)It is the intent of the Legislature to amend this section to subject the development to enforceable wage requirements.
(b)(1)If the city, including a charter city, or the county or city and county, including a charter city and county, determines that a development submitted pursuant to this section is in conflict with any of the objective planning standards specified in subdivision (a), it shall provide the development proponent written documentation of which standard or standards the development conflicts with, and an explanation for the reason or reasons the development conflicts with that standard or standards, as follows:
(A)Within 60 days of submittal of the development to the local government pursuant to this section if the development contains 150 or fewer housing units.
(B)Within 90 days of submittal of the development to the local government pursuant to this section if the development contains more than 150 housing units.
(2)If the city, including a charter city, or the county or city and county, including a charter city and county, fails to provide the required documentation pursuant to paragraph (1), the development shall be deemed to satisfy the objective planning standards specified in subdivision (a).
(c)Any design review of the development shall be completed as follows and shall not in any way inhibit, chill, or preclude the ministerial approval provided by this section or its effect, as applicable:
(1)Within 90 days of submittal of the development to the local government pursuant to this section if the development contains 150 or fewer housing units.
(2)Within 180 days of submittal of the development to the local government pursuant to this section if the development contains more than 150 housing units.
(d)A development approved pursuant to this section shall not be subject to any local or state parking minimum requirements.
SEC. 4.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.
SECTION 1.It is the intent of the Legislature to enact legislation to streamline and incentivize the creation of affordable housing projects, to remove local barriers to creating affordable housing in all communities, to streamline, incentivize, and remove local barriers to housing creation in jurisdictions failing to meet their regional housing needs contained in their housing element, and to ensure the payment of prevailing rate of wages in the creation of this housing.It is the intent of the Legislature to enact legislation to streamline and incentivize the creation of affordable housing projects, to remove local barriers to creating affordable housing in all communities, to streamline, incentivize, and remove local barriers to housing creation in jurisdictions failing to meet their regional housing needs contained in their housing element, and to ensure the payment of prevailing rate of wages in the creation of this housing.
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Date
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Status
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|---|---|
| Sep 29, 2017 | Chaptered by Secretary of State. Chapter 366, Statutes of 2017. |
| Sep 29, 2017 | Approved by the Governor. |
| Sep 22, 2017 | Enrolled and presented to the Governor at 3 p.m. |
| Sep 15, 2017 | Assembly amendments concurred in. (Ayes 23. Noes 14.) Ordered to engrossing and enrolling. |
| Sep 15, 2017 | In Senate. Concurrence in Assembly amendments pending. |
| Sep 14, 2017 | Assembly Rule 63 and 96 suspended. |
| Sep 1, 2017 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS. |
| Aug 29, 2017 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS. |
| Aug 24, 2017 | Coauthors revised. |
| Jul 14, 2017 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS. |
| Jul 12, 2017 | From committee: Do pass and re-refer to Com. on RLS. (Ayes 5. Noes 1.) (July 12). Re-referred to Com. on RLS. |
| Jul 5, 2017 | Read second time and amended. Re-referred to Com. on H. & C.D. |
| Jul 3, 2017 | From committee: Do pass as amended and re-refer to Com. on H. & C.D. (Ayes 6. Noes 2.) (June 28). |
| Jun 20, 2017 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on L. GOV. |
| Jun 15, 2017 | Referred to Coms. on L. GOV. and H. & C.D. |
| Jun 1, 2017 | In Assembly. Read first time. Held at Desk. |
| Jun 1, 2017 | Read third time. Passed. (Ayes 25. Noes 12. Page 1396.) Ordered to the Assembly. |
| May 26, 2017 | From committee: Do pass as amended. (Ayes 5. Noes 2.) (May 25). |
| May 23, 2017 | Set for hearing May 25. |
| May 22, 2017 | May 22 hearing: Placed on APPR. suspense file. |
| May 16, 2017 | Set for hearing May 22. |
| May 11, 2017 | May 15 hearing postponed by committee. |
| May 4, 2017 | Set for hearing May 15. |
| May 1, 2017 | Re-referred to Com. on APPR. |
| Apr 27, 2017 | From committee: Do pass and re-refer to Com. on RLS. (Ayes 4. Noes 2. Page 884.) (April 26). Re-referred to Com. on RLS. |
| Apr 21, 2017 | Set for hearing April 26. |
| Apr 4, 2017 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on GOV. & F. |
| Mar 21, 2017 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on GOV. & F. |
| Mar 9, 2017 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on GOV. & F. |
| Mar 8, 2017 | From committee: Do pass and re-refer to Com. on GOV. & F. (Ayes 7. Noes 3. Page 327.) (March 7). Re-referred to Com. on GOV. & F. |
| Mar 1, 2017 | Set for hearing March 7. |
| Feb 28, 2017 | February 28 hearing postponed by committee. |
| Feb 24, 2017 | Set for hearing February 28. |
| Feb 23, 2017 | Re-referred to Coms. on T. & H. and GOV. & F. |
| Feb 21, 2017 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS. |
| Jan 12, 2017 | Referred to Com. on RLS. |
| Dec 6, 2016 | From printer. May be acted upon on or after January 5. |
| Dec 5, 2016 | Introduced. Read first time. To Com. on RLS. for assignment. To print. |
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Date
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Description
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Location
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Votes
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|---|---|---|---|---|
| Sep 15, 2017 | Unfinished Business SB35 Wiener et al. Concurrence | Senate Floor |
Passed |
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| Sep 14, 2017 | SB 35 Wiener Senate Third Reading By GRAYSON | Assembly Floor |
Passed |
|
| Jul 12, 2017 | Do pass and be re-referred to the Committee on [Rules] | Assembly Standing Committee on Housing and Community Development |
Passed |
|
| Jun 28, 2017 | Do pass as amended and be re-referred to the Committee on [Housing and Community Development] | Assembly Standing Committee on Local Government |
Passed |
|
| Jun 1, 2017 | Senate 3rd Reading SB35 Wiener et al. | Senate Floor |
Passed |
|
| May 25, 2017 | Do pass as amended | Senate Standing Committee on Appropriations |
Passed |
|
| May 22, 2017 | Placed on suspense file | Senate Standing Committee on Appropriations |
Passed |
|
| Apr 26, 2017 | Do pass, but first be re-referred to the Committee on [Rules] | Senate Standing Committee on Governance and Finance |
Passed |
|
| Mar 7, 2017 | Do pass, but first be re-referred to the Committee on [Governance and Finance] | Senate Standing Committee on Transportation and Housing |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| Abundant Housing LA | ** Support | Sep 15, 2017 |
| affordable housing alliance | ** Against | Jul 10, 2017 |
| aids housing alliancesf | ** Against | Jul 10, 2017 |
| alliance for community transit - la | ** Against | Jul 10, 2017 |
| alliance of californians for community empowerment action | ** Against | Jul 10, 2017 |
| american federation of teachers local 2121 | ** Against | Jul 10, 2017 |
| American Planning Association, California Chapter | ** Support | Jul 10, 2017 |
| Anti-Eviction Mapping Project | ** Against | Jul 10, 2017 |
| Apartment Association of Greater Los Angeles | ** Support | Sep 15, 2017 |
| Asian Pacific Environmental Network | ** Against | Jul 10, 2017 |
| Bay Area Council | ** Support | Jul 10, 2017 |
| Bay Area Renters Federation | * Support | Apr 26, 2017 |
| BRIDGE Housing | ** Support | Sep 15, 2017 |
| California Apartment Association | ** Support | Sep 15, 2017 |
| California Asian Chamber of Commerce | ** Support | Sep 15, 2017 |
| California Asian Pacific Chamber Of Commerce | ** Support | Sep 15, 2017 |
| California Asian Pacific Islander Chamber of Commerce | * Support | Jul 12, 2017 |
| California Association Of Realtors | ** Support | Sep 15, 2017 |
| California Building Industry Association | ** Support | Sep 15, 2017 |
| California Conference of Carpenters | ** Support | Sep 15, 2017 |
| California Council For Affordable Housing | ** Support | Sep 15, 2017 |
| California Labor Federation | * Against Unless Amend | Mar 7, 2017 |
| California League Of Conservation Voters | ** Support | Sep 15, 2017 |
| California Professional Firefighters | ** Against | Jul 10, 2017 |
| California Renters Legal Advocacy and Education Fund | ** Support | Sep 15, 2017 |
| California Rural Legal Assistance Foundation | ** Support | Jul 10, 2017 |
| California School Employees Association | ** Support | Sep 15, 2017 |
| California State Association Of Counties | * Against Unless Amend | Mar 7, 2017 |
| California State Association Of Electrical Workers | ** Support | Sep 15, 2017 |
| California State Council Of Laborers | ** Support | Sep 15, 2017 |
| California State Pipe Trades Council | ** Support | Sep 15, 2017 |
| causa justa::just cause | ** Against | Jul 10, 2017 |
| Center for Sustainable Neighborhoods | ** Support | Sep 15, 2017 |
| Chinatown Community Development Center | ** Against | Jul 10, 2017 |
| Cities Association of Santa Clara County | ** Against | Sep 15, 2017 |
| City of Adelanto | ** Against | Sep 15, 2017 |
| City of Alameda | ** Against | Sep 15, 2017 |
| City of American Canyon | ** Against | Sep 15, 2017 |
| City of Anderson | ** Against | Sep 15, 2017 |
| City of Avalon | ** Against | Sep 15, 2017 |
| City of Berkeley | ** Against | Sep 15, 2017 |
| City Of Beverly Hills | ** Against | Sep 15, 2017 |
| City of Brentwood | ** Against | Sep 15, 2017 |
| City Of Buellton | ** Against | Sep 15, 2017 |
| City of Buena Park | ** Against | Sep 15, 2017 |
| City Of Calipatria | ** Against | Sep 15, 2017 |
| City of Camarillo | ** Against | Sep 15, 2017 |
| City Of Chula Vista | ** Against | Sep 15, 2017 |
| City of Citrus Heights | ** Against | Sep 15, 2017 |
| City of Claremont | ** Against | Sep 15, 2017 |
| City Of Cloverdalecity Of Clovis | ** Against | Sep 15, 2017 |
| City Of Concordcity Of Corte Madera | ** Against | Sep 15, 2017 |
| City Of Daly City | ** Against | Sep 15, 2017 |
| City Of Danvillecity Of Diamond Bar | ** Against | Sep 15, 2017 |
| City Of Dublincity Of Eastvale | ** Against | Sep 15, 2017 |
| City Of El Centro | ** Against | Sep 15, 2017 |
| City of Elk Grove | ** Against | Sep 15, 2017 |
| City Of Encinitascity Of Escondido | ** Against | Sep 15, 2017 |
| City of Fountain Valley | ** Against | Sep 15, 2017 |
| City of Fremont | ** Against | Jul 10, 2017 |
| City Of Fremontcity Of Fullerton | ** Against | Sep 15, 2017 |
| City Of Fullerton | * Against | Apr 26, 2017 |
| City of Glendale | ** Against | Sep 15, 2017 |
| City Of Glendoracity Of Goleta | ** Against | Sep 15, 2017 |
| City Of Half Moon Bay | ** Against | Sep 15, 2017 |
| City Of Haywardcity Of Hesperia | ** Against | Sep 15, 2017 |
| City of Hillsborough | ** Against | Sep 15, 2017 |
| City Of Hughsoncity Of Huntington Beach | ** Against | Sep 15, 2017 |
| City of Indian Wells | ** Against | Sep 15, 2017 |
| City of Indio | ** Against | Sep 15, 2017 |
| City of La Mirada | ** Against | Sep 15, 2017 |
| City of Lafayette | ** Against | Sep 15, 2017 |
| City Of Laguna Beach | ** Against | Sep 15, 2017 |
| City of Lake Elsinore | ** Against | Sep 15, 2017 |
| City of Lakewood | ** Against | Sep 15, 2017 |
| City of Lodi | ** Against | Sep 15, 2017 |
| City Of Mammoth Lakes | ** Against | Sep 15, 2017 |
| City of Monrovia | ** Against | Sep 15, 2017 |
| City Of Monte Serano | ** Against | Sep 15, 2017 |
| City of Monterey | ** Against | Sep 15, 2017 |
| City Of Moraga | ** Against | Sep 15, 2017 |
| City Of Mount Shasta | ** Against | Sep 15, 2017 |
| City of Mountain View | ** Against | Sep 15, 2017 |
| City of National City | ** Against | Sep 15, 2017 |
| City of Norco | ** Against | Sep 15, 2017 |
| City Of Oakland | * Support | Jul 12, 2017 |
| City of Oceanside | ** Against | Sep 15, 2017 |
| City Of Ojai | ** Against | Sep 15, 2017 |
| City of Orinda | ** Against | Sep 15, 2017 |
| City of Oxnard | ** Against | Sep 15, 2017 |
| City of Palm Desert | ** Against | Sep 15, 2017 |
| City of Palos Verdes Estates | ** Against | Sep 15, 2017 |
| city of paramount | ** Against | Sep 15, 2017 |
| City of Pasadena | ** Against | Sep 15, 2017 |
| City of Petaluma | ** Against | Sep 15, 2017 |
| City Of Pinole | ** Against | Sep 15, 2017 |
| City of Pismo Beach | ** Against | Sep 15, 2017 |
| City Of Pleasanton | ** Against | Sep 15, 2017 |
| City of Poway | ** Against | Sep 15, 2017 |
| City Of Rancho Cordova | ** Against | Sep 15, 2017 |
| City of Rancho Cucamonga | ** Against | Sep 15, 2017 |
| City Of Redlands | ** Against | Sep 15, 2017 |
| City of Ripon | ** Against | Sep 15, 2017 |
| City of Roseville | ** Against | Sep 15, 2017 |
| City Of Salinas | ** Against | Sep 15, 2017 |
| City Of San Buenaventura | ** Against | Sep 15, 2017 |
| City of San Luis Obispo | ** Against | Sep 15, 2017 |
| City of San Marcos | ** Against | Sep 15, 2017 |
| City of San Rafael | ** Against | Sep 15, 2017 |
| City of Santa Barbara | ** Against | Sep 15, 2017 |
| City of Santa Clarita | ** Against | Sep 15, 2017 |
| City of Santa Maria | ** Against | Sep 15, 2017 |
| City of Santa Rosa | ** Against | May 27, 2017 |
| City Of Santa Rosacity Of Santee | ** Against | Sep 15, 2017 |
| City of Scotts Valley | ** Against | Sep 15, 2017 |
| City Of Selmacity Of Signal Hill | ** Against | Sep 15, 2017 |
| City of Thousand Oaks | ** Against | Sep 15, 2017 |
| City Of Tularecity Of Tustin | ** Against | Sep 15, 2017 |
| City Of Vallejo | ** Against | Sep 15, 2017 |
| City Of Villa Park | ** Against | Sep 15, 2017 |
| City Of Visaliacity Of Vista | ** Against | Sep 15, 2017 |
| City of Walnut Creek | ** Against | Sep 15, 2017 |
| City Of Watsonville | ** Against | Sep 15, 2017 |
| city of west covina | ** Against | Sep 15, 2017 |
| City Of Wheatland | ** Against | Sep 15, 2017 |
| City Of Whittiercity Of Yucaipa | ** Against | Sep 15, 2017 |
| Coalition for San Francisco and Neighborhoods | * Against | Mar 7, 2017 |
| Coalition for San Francisco Neighborhoods | ** Against | Jul 10, 2017 |
| Coalition of California Utility Employees | ** Support | Sep 15, 2017 |
| Council of Community Housing Organizations | ** Against | Jul 10, 2017 |
| Council of Infill Builders | ** Support | Sep 15, 2017 |
| County Of Los Angeles | ** Against | Jun 27, 2017 |
| County of Napa | ** Support | Sep 15, 2017 |
| Courage Campaign | ** Against | Jul 10, 2017 |
| Diamond Bar, City Of | * Against | Apr 26, 2017 |
| Dolores Street Community Services | ** Against | Jul 10, 2017 |
| East Bay Forward | ** Support | Sep 15, 2017 |
| eastern neighborhoods united front | ** Against | Jul 10, 2017 |
| Esperanza Community Housing Corporation | ** Against | Jul 10, 2017 |
| ** Support | Sep 15, 2017 | |
| Faith in Action Bay Area | ** Against | Jul 10, 2017 |
| faithful fools street ministry | ** Against | Jul 10, 2017 |
| Greenbelt Alliance | ** Support | Sep 15, 2017 |
| Grow the Richmond | ** Support | Sep 15, 2017 |
| Homeownership San Francisco | ** Against | Jul 10, 2017 |
| Hospitality House | ** Against | Jul 10, 2017 |
| Housing California | ** Support | Jul 10, 2017 |
| housing rights committee | ** Against | Jul 10, 2017 |
| Housing Rights Committee of San Francisco | ** Against | Jul 10, 2017 |
| individuals - 2 | ** Against | Jul 10, 2017 |
| International Union of Elevator Constructors | ** Against | May 27, 2017 |
| Jewish Family Service of San Diego | ** Support | Sep 15, 2017 |
| jobs with justice | ** Against | Jul 10, 2017 |
| JONES, HOGAN & BROOKS | * Indeterminate | Mar 7, 2017 |
| Koreatown Immigrant Workers Alliance | ** Against | Sep 15, 2017 |
| la forward | ** Against | Jul 10, 2017 |
| La Raza Centro Legal | ** Against | Jul 10, 2017 |
| LA Voice | ** Against | Jul 10, 2017 |
| LeadingAge California | ** Support | Sep 15, 2017 |
| League Of California Cities | ** Against | Sep 15, 2017 |
| League Of California Community Foundations | ** Support | Sep 15, 2017 |
| League of Women Voters | ** Support | Sep 15, 2017 |
| Little Tokyo Service Center | ** Against | Jul 10, 2017 |
| Local Government Commission | ** Support | Sep 15, 2017 |
| Long Beach Residents Empowered | ** Against | Jul 10, 2017 |
| Los Angeles Area Chamber Of Commerce | ** Support | Sep 15, 2017 |
| Los Angeles Business Council | ** Support | Sep 15, 2017 |
| Los Angeles County Federation of Labor | ** Support | Sep 15, 2017 |
| Manilatown Heritage Foundation | ** Against | Jul 10, 2017 |
| Marin County Council of Mayors and Council Members | ** Against | Sep 15, 2017 |
| mayor darrell steinberg, city of sacramento | ** Support | Sep 15, 2017 |
| Mayor Eric Garcetti, City of Los Angeles | ** Support | Sep 15, 2017 |
| Mayor Libby Schaaf, City of Oakland | ** Support | Sep 15, 2017 |
| Mayor Sam Liccardo, City Of San Jose | ** Support | Sep 15, 2017 |
| Mercy Housing California | ** Support | Sep 15, 2017 |
| Mission Economic Development Agency | ** Against | Jul 10, 2017 |
| mission housing development corporation | ** Support | Sep 15, 2017 |
| Napa County Board of Supervisors | ** Support | Sep 15, 2017 |
| Napacounty Of | * Support | Apr 26, 2017 |
| Natural Resources Defense Council | ** Support | Sep 15, 2017 |
| nextgen | ** Support | Sep 15, 2017 |
| NextGen California | * Support | Jul 12, 2017 |
| Non-Profit Housing Association of Northern California | ** Support | Jul 10, 2017 |
| Nonprofit Housing Association of Northern California | ** Support | Sep 15, 2017 |
| Pacific Advocacy Group | ** Against | Jul 10, 2017 |
| People Organizing to Demand Environmental and Economic Rights | ** Against | Jul 10, 2017 |
| Progress Noe Valley | ** Support | Sep 15, 2017 |
| Public Advocates | ** Support | Jul 10, 2017 |
| Resources Legacy Fund | * Support | Apr 26, 2017 |
| Riverside County Division, League of California Cities | ** Against | Sep 15, 2017 |
| Sacramento Bee | ** Support | Sep 15, 2017 |
| Sacred Heart Community Service | ** Against | Jul 10, 2017 |
| Saje | ** Against | Jul 10, 2017 |
| Salesforce | ** Support | Sep 15, 2017 |
| San Diego Housing Coalition | ** Support | Sep 15, 2017 |
| San Francisco Chamber of Commerce | ** Support | Sep 15, 2017 |
| San Francisco Chronicle | ** Support | Sep 15, 2017 |
| san francisco day labor program and women's collective | ** Against | Jul 10, 2017 |
| San Francisco Housing Action Coalition | ** Support | Sep 15, 2017 |
| san francisco information clearinghouse | ** Against | Jul 10, 2017 |
| San Francisco Latino Democratic Club | ** Against | Jul 10, 2017 |
| san francisco planning & urban research | ** Support | Sep 15, 2017 |
| San Francisco Tenants Union | ** Against | Jul 10, 2017 |
| San Francisco Yes-In-My-Back-Yard Party | ** Support | Sep 15, 2017 |
| San Francisco, City And County Of | * Support | Jul 12, 2017 |
| San Fransisco Tenant's Union | * Against | Mar 7, 2017 |
| San Mateo County Economic Development Association | ** Support | Sep 15, 2017 |
| San Rafael/Marin County Council Of Mayors & Council Members, City Of | * Against | Mar 7, 2017 |
| Santa Barbara Rental Property Association | ** Support | Sep 15, 2017 |
| Santa Cruz Chamber Of Commerce | ** Support | Sep 15, 2017 |
| Santa Monicans for Renters' Rights | ** Against | Jul 10, 2017 |
| Senior & Disability Action | ** Against | Jul 10, 2017 |
| sf tenants union | ** Against | Jul 10, 2017 |
| SFMB Action | * Support | Mar 7, 2017 |
| Sierra Club California | ** Against | Jun 27, 2017 |
| Silicon Valley At Home | ** Support | Sep 15, 2017 |
| Silicon Valley Community Foundation | ** Support | Sep 15, 2017 |
| Silicon Valley Leadership Group | ** Support | Sep 15, 2017 |
| south of market community action network | ** Against | Jul 10, 2017 |
| SPUR | ** Support | Jul 10, 2017 |
| State Building & Construction Trades Council Of California | * Support | Jul 12, 2017 |
| sunset-parkside education and action committee, san francisco | ** Against | Jul 10, 2017 |
| Supervisor Leticia Perez, Kern County | ** Support | Sep 15, 2017 |
| Supervisor Zach Friend, Santa Cruz County | ** Support | Sep 15, 2017 |
| Swords to Plowshares | ** Against | Jul 10, 2017 |
| T.R.U.S.T. South LA | ** Against | Jul 10, 2017 |
| Tenants Together | ** Against | Jul 10, 2017 |
| The Cities Association Of Santa Clara County | ** Against | Sep 15, 2017 |
| Town Of Colmatown Of Corte Madera | ** Against | Sep 15, 2017 |
| town of yucca valley | ** Against | Sep 15, 2017 |
| UNITE HERE Local 2 | ** Against | Jul 10, 2017 |
| United Educators of San Francisco | ** Against | Jul 10, 2017 |
| United Way of Greater Los Angeles | ** Support | Sep 15, 2017 |
| Unity Party | * Support | Apr 26, 2017 |
| Urban Habitat | ** Against | Jul 10, 2017 |
| US Green Building Council, California Chapter | ** Support | Sep 15, 2017 |
| Ventura Council of Governments | ** Against | Sep 15, 2017 |
| veterans equity center | ** Against | Jul 10, 2017 |
| Veterans Equity Center in San Francisco | * Against | Mar 7, 2017 |
| western center on law & poverty | ** Support | Jul 10, 2017 |
| Western States Council Of Sheet Metal Workers | ** Support | Sep 15, 2017 |
| Yes In My Backyard | * Support | Apr 26, 2017 |
| Yimby Action | ** Support | Sep 15, 2017 |
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB |
UNFINISHED BUSINESS
Bill No: SB 35
:
SENATE TRANS. & HOUSING COMMITTEE: 7-3, 3/7/17
AYES: Beall, Allen, Atkins, Roth, Skinner, Wieckowski, Wiener
NOES: Bates, Gaines, Morrell
NO VOTE RECORDED: Cannella, McGuire, Mendoza
SENATE GOVERNANCE & FIN. COMMITTEE: 4-2, 4/26/17
AYES: Beall, Hernandez, Hertzberg, Lara
NOES: McGuire, Moorlach
NO VOTE RECORDED: Nguyen
SENATE APPROPRIATIONS COMMITTEE: 5-2, 5/25/17
AYES: Lara, Beall, Bradford, Hill, Wiener
NOES: Bates, Nielsen
SENATE FLOOR: 25-12, 6/1/17
AYES: Allen, Anderson, Atkins, Beall, Bradford, Cannella, De León, Dodd, Hernandez, Hertzberg, Hill, Hueso, Lara, Leyva, Mendoza, Mitchell, Monning, Morrell, Nguyen, Pan, Roth, Skinner, Stone, Vidak, Wiener
NOES: Bates, Berryhill, Fuller, Gaines, Glazer, Jackson, McGuire, Moorlach, Newman, Nielsen, Portantino, Wilk
NO VOTE RECORDED: Galgiani, Stern, Wieckowski
ASSEMBLY FLOOR: 47-27, 9/14/17 - See last page for vote
SUBJECT: Planning and zoning: affordable housing: streamlined approval process
DIGEST:
This bill creates a streamlined, ministerial approval process for infill developments in localities that have failed to meet their regional housing needs assessment (RHNA) numbers.
Assembly Amendments
state that this bill applies to a site that is a legal parcel or parcels located in a city if, and only if, the city boundaries include some portion of either an urbanized area or urban cluster or, for unincorporated areas, a legal parcel or parcels wholly within the boundaries of an urbanized area or urban cluster or a site in which at least 75 percent of the perimeter of the site adjoins parcels that are developed with urban uses. Requires in specified circumstances that a skilled and trained workforce be utilized.
Existing law:
- Requires a local jurisdiction to give public notice of a hearing whenever a person applies for a zoning variance, special use permit, conditional use permit, zoning ordinance amendment, or general or specific plan amendment.
- Requires the board of zoning adjustment or zoning administrator to hear and decide applications for conditional uses or other permits when the zoning ordinance provides therefor and establishes criteria for determining those matters, and applications for variances from the terms of the zoning ordinance.
- Requires cities and counties, to prepare and adopt a general plan, including a housing element, to guide the future growth of a community. The housing element shall consist of an identification and analysis of existing and projected housing needs and a statement of goals, policy objectives, financial resources, and scheduled programs for the preservation, improvement, and development of housing.
- Requires the housing element to identify adequate sites for housing and to make adequate provision for the existing and projected needs of all economic segments of the community.
This bill:
- Requires the following additional information to be included in the annual report provided by the planning agency after adoption of the general plan to the legislative body, the Office of Planning and Research (OPR), and the Department of Housing and Community Development (HCD) the number of net new units of housing, including both rental housing and for-sale housing, that have been issued a completed entitlement, a building permit, or a certificate of occupancy, thus far in the housing element cycle, and the income category, by area median income category, that each unit of housing, including both rental housing and housing designated for home ownership, satisfies.
- Allows a development proponent to submit an application for a development that is subject to the streamlined, ministerial approval process pursuant to 4) below, and not subject to a conditional use permit if the development contains two or more residential units and satisfies all of the following objective planning standards:
- The development is located on a site that satisfies all of the following:
- A site that is a legal parcel or parcels located in a city if, and only if, the city boundaries include some portion of either an urbanized area or urban cluster, as designated by the United States Census Bureau, or, for unincorporated areas, a legal parcel of parcels wholly within the boundaries of an urbanized area or urban cluster, as designated by the U.S. Census Bureau;
- A site in which at least 75% of the perimeter of the site adjoins parcels that are developed with urban uses;
- A site that is zoned for residential use or residential mixed-use development, or has a general plan designation that allows residential use or a mix of residential and nonresidential uses, with at least two-thirds of the square footage designated for residential use; and
- If the development contains units that are subsidized, the development proponent already has recorded, or is required by law to record, a land use restriction for 55 years for units that are rented or 45 years for units that are owned.
- The development satisfies both of the following:
- Is located in a locality that HCD has determined, based on the last production report submitted by the locality to HCD, is subject on the basis that the number of units that have been issued building permits is less than the locality’s share of the regional housing needs, by income category, for that reporting period. Specifies that a locality shall remain eligible until HCD’s determination for the next reporting period. Provides that a locality is subject to this if it has not submitted an annual housing element report to HCD for at least two consecutive years before the development submitted an application for approval; and
- The development is subject to a requirement mandating a minimum percentage of below market rate housing based on either one of the following:
- The locality did not submit its latest production report to HCD by the time period required, or that report reflects that there were fewer units of above moderate-income housing approved than were required for the regional housing needs assessment cycle for that year. Requires, if the project contains more than 10 units of housing, the project seeking approval to dedicate a minimum of 10% of the total number of units to housing affordable to households making below 80% of the area median income, or higher as determined by a local ordinance;
- The locality did not submit its latest production report to HCD by the time period required, or that report reflects 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 year, and the project seeking approval dedicates 50% of the total number of units to housing affordable to households making below 80% of the area median income, or higher as determined by a local ordinance; or,
- The locality did not submit its latest production report to HCD by the time period required, or if the production report reflects that there were fewer units of housing affordable to any income level described in clause (1) or (2) above, that were issued building permits than were required for the regional housing needs assessment cycle for that reporting period, the project seeking approval may choose between utilizing clause (1) or (2), above.
- 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 in effect at the time that the development is submitted to the local government.
- The development is not located on a site that is any of the following:
- A coastal zone;
- Either prime farmland or farmland of statewide importance or land zoned or designated for agricultural protection or preservation by a local ballot measure that was approved by the voters of that jurisdiction;
- Wetlands;
- Within a very high fire hazard severity zone or within a high or very high fire hazard severity zone;
- A hazardous waste site, unless otherwise specified;
- Within a delineated earthquake fault zone, unless otherwise specified;
- Within a flood plain, unless otherwise specified;
- Within a floodway, unless otherwise specified;
- Lands identified for conservation in an adopted natural community conservation plan;
- Habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies;
- Lands under conservation easement.
- The development proponent has done both of the following, as applicable:
- Certified to the locality that either of the following is true:
- The entirety of the development is a public work or,
- If the development is not in its entirety a public work, that all construction workers employed in the execution of the development will be paid at least the general prevailing rate of per diem wages for the type of work and geographic area, as specified, except that apprentices registered in programs approved by the chief of the division of Apprenticeship Standards may be paid at least the applicable apprentice prevailing rate.
- For specified developments, a skilled and trained workforce shall be used to complete the development.
- Certified to the locality that either of the following is true:
- The development is located on a site that satisfies all of the following:
- Specifies, if a local government determines that a development submitted pursuant to the bill’s provisions is in conflict with any of the objective planning standards listed in 2) above, that it shall provide the development proponent written documentation of which standard or standards the development conflicts with, and an explanation for the reason or reasons the development conflicts with that standard or standards, as follows:
- Within 60 days of submittal of the development to the local government if the development contains 150 or fewer housing units; or,
- Within 90 days of submittal of the development to the local government if the development contains more than 150 housing units.
- Provides that the development shall be deemed to satisfy the objective planning standards listed in 3) above, if the local government fails to provide the required documentation pursuant to 3) above.
- Provides that any design review or public oversight of the development may be conducted by the local government’s planning commission or any equivalent board or commission responsible for review and approval of development projects, or the city council or board of supervisors, as appropriate. Requires that design review or public oversight to be objective and be strictly focused on assessing compliance with criteria required for streamlined projects, as well as any reasonable objective design standards published and adopted by ordinance or resolution by a local jurisdiction before submission of a development application, and shall be broadly applicable to development within the jurisdiction. Provides that design review or public oversight shall be completed as follows and shall not in any way inhibit, chill, or preclude the ministerial approval provided by this section or its effect, as applicable:
- Within 90 days of submittal of the development to the local government if the development contains 150 or fewer housing units; or,
- Within 180 days of submittal of the development to the local government if the development contains more than 150 housing units.
- Prohibits a local government, whether or not it has adopted an ordinance governing parking requirements in multifamily developments, from imposing parking standards for a streamlined development that was approved in any of the following instances:
- The development is located within one-half mile of public transit;
- The development is located within an architecturally and historically significant historic district;
- When on-street parking permits are required but not offered to the occupants of the development; or,
- When there is a car share vehicle located within one block of the development.
- Specifies that this bill shall remain in effect only until January 1, 2026, and as of that date is repealed.
- Finds and declares that ensuring access to affordable housing is a matter of statewide concern, and not a municipal affair, and therefore is applicable to a charter city, charter county, and a charter city and county.
Background
- Housing approvals generally. Each community’s general plan must include a housing element, which outlines a long-term plan for meeting the community’s existing and projected housing needs. The housing element demonstrates how the community plans to accommodate its “fair share” of its region’s housing needs. To do so, each community establishes an inventory of sites designated for new housing that is sufficient to accommodate its fair share. Communities also identify regulatory barriers to housing development and propose strategies to address those barriers. State law requires cities and counties to update their housing elements every eight years. In addition, before building new housing, housing developers must obtain one or more permits from local planning departments and must also obtain approval from local planning commissions, city councils, or county board of supervisors. Some housing projects can be permitted by city or county planning staff ministerially or without further approval from elected officials. Projects reviewed ministerially require only an administrative review designed to ensure they are consistent with existing general plan and zoning rules, as well as meet standards for building quality, health, and safety. Most large housing projects are not allowed ministerial review. Instead, these projects are vetted through both public hearings and administrative review. Most housing projects that require discretionary review and approval are subject to California Environmental Quality Act review, while projects permitted ministerially generally are not.
- Creating streamlined approvals for infill projects. This bill creates a streamlined approval process for infill projects with two or more residential units in localities that have failed to produce sufficient housing to meet their RHNA numbers. The streamlined approval process requires some level of affordable housing to be included in the housing development. To receive the streamlined process for housing developments, the developer must demonstrate that the development meets a number of requirements. Localities must provide written documentation to the developer if there is a failure to meet the specifications for streamlined approval, within specified periods of time. If the locality does not meet those deadlines, the development shall be deemed to satisfy the requirements for streamlined approval.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
Abundant Housing LA
Apartment Association of Greater Los Angeles
Bridge Housing
California Apartment Association
California Asian Chamber of Commerce
California Asian Pacific Chamber of Commerce
California Association of Realtors
California Building Industry Association
California Conference of Carpenters
California Council for Affordable Housing
California League of Conservation Voters
California Renters Legal Advocacy and Education Fund
California School Employees Association
California State Association of Electrical Workers
California State Council of Laborers
California State Pipe Trades Council
Center for Sustainable Neighborhoods
Coalition of California Utility Employees
Council of Infill Builders
County of Napa
East Bay Forward
Greenbelt Alliance
Grow the Richmond
Jewish Family Service of San Diego
LeadingAge California
League of California Community Foundations
League of Women Voters
Local Government Commission
Los Angeles Area Chamber of Commerce
Los Angeles Business Council
Los Angeles County Federation of Labor
Mayor Darrell Steinberg, City of Sacramento
Mayor Edwin Lee, City & County of San Francisco
Mayor Eric Garcetti, City of Los Angeles
Mayor Libby Schaaf, City of Oakland
Mayor Pro Tem Michele Martinez, City of Santa Ana
Mayor Sam Liccardo, City of San Jose
Mercy Housing California
Mission Housing Development Corporation
Napa County Board of Supervisors
Natural Resources Defense Council
NextGen
Nonprofit Housing Association of Northern California
Progress Noe Valley
Sacramento Bee
Salesforce
San Diego Housing Coalition
San Francisco Chamber of Commerce
San Francisco Chronicle
San Francisco Housing Action Coalition
San Francisco Planning & Urban Research
San Francisco Yes-In-My-Back-Yard Party
San Mateo County Economic Development Association
Santa Barbara Rental Property Association
Santa Cruz Chamber of Commerce
Silicon Valley At Home
Silicon Valley Community Foundation
Silicon Valley Leadership Group
State Building and Construction Trades Council of California, AFL-CIO
Supervisor Leticia Perez, Kern County
Supervisor Zach Friend, Santa Cruz County
United Way of Greater Los Angeles
US Green Building Council, California Chapter
Western States Council of Sheet Metal Workers
YIMBY Action
OPPOSITION: (Verified 9/15/17)
Cities Association of Santa Clara County
City of Adelanto
City of Alameda
City of American Canyon
City of Anderson
City of Avalon
City of Berkeley
City of Beverly Hills
City of Brentwood
City of Buellton
City of Buena Park
City of Calipatria
City of Camarillo
City of Chula Vista
City of Citrus Heights
City of Claremont
City of CloverdaleCity of Clovis
City of ConcordCity of Corte Madera
City of Daly City
City of DanvilleCity of Diamond Bar
City of DublinCity of Eastvale
City of El Centro
City of Elk Grove
City of EncinitasCity of Escondido
City of Fountain Valley
City of FremontCity of Fullerton
City of Glendale
City of GlendoraCity of Goleta
City of Half Moon Bay
City of HaywardCity of Hesperia
City of Hillsborough
City of HughsonCity of Huntington Beach
City of Indian Wells
City of Indio
City of La Mirada
City of Lafayette
City of Laguna Beach
City of Lake Elsinore
City of Lakewood
City of Lodi
City of Mammoth Lakes
City of Monrovia
City of Monte Serano
City of Monterey
City of Moraga
City of Mount Shasta
City of Mountain View
City of National City
City of Norco
City of Oceanside
City of Ojai
City of Orinda
City of Oxnard
City of Palm Desert
City of Palos Verdes Estates
City of Paramount
City of Pasadena
City of Petaluma
City of Pinole
City of Pismo Beach
City of Pleasanton
City of Poway
City of Rancho Cordova
City of Rancho Cucamonga
City of Redlands
City of Ripon
City of Roseville
City of Salinas
City of San Buenaventura
City of San Luis Obispo
City of San Marcos
City of San Rafael
City of Santa Barbara
City of Santa Clarita
City of Santa Maria
City of Santa RosaCity of Santee
City of Scotts Valley
City of SelmaCity of Signal Hill
City of Thousand Oaks
City of TulareCity of Tustin
City of Vallejo
City of Villa Park
City of VisaliaCity of Vista
City of Walnut Creek
City of Watsonville
City of West Covina
City of Wheatland
City of WhittierCity of Yucaipa
Koreatown Immigrant Workers Alliance
League of California Cities
Marin County Council of Mayors and Council Members
Riverside County Division, League of California Cities
The Cities Association of Santa Clara County
Town of ColmaTown of Corte Madera
Town of Yucca Valley
Ventura Council of Governments
ASSEMBLY FLOOR: 47-27, 9/14/17
AYES: Aguiar-Curry, Arambula, Berman, Bloom, Bocanegra, Bonta, Burke, Caballero, Calderon, Cervantes, Chau, Chiu, Chu, Cooley, Cooper, Dababneh, Daly, Eggman, Frazier, Friedman, Eduardo Garcia, Gipson, Gloria, Gonzalez Fletcher, Gray, Grayson, Holden, Jones-Sawyer, Kalra, Low, Mayes, McCarty, Medina, Mullin, Nazarian, Quirk, Ridley-Thomas, Rodriguez, Rubio, Salas, Santiago, Mark Stone, Thurmond, Ting, Weber, Wood, Rendon
NOES: Acosta, Travis Allen, Baker, Bigelow, Brough, Chávez, Chen, Choi, Cunningham, Dahle, Fong, Gallagher, Cristina Garcia, Harper, Kiley, Lackey, Levine, Mathis, Melendez, Muratsuchi, Obernolte, O'Donnell, Patterson, Quirk-Silva, Steinorth, Voepel, Waldron
NO VOTE RECORDED: Flora, Irwin, Limón, Maienschein, Reyes
9/15/17 10:35:10
(Without Reference to File)
SENATE THIRD READING
STR Bill Id:SB 35
Author:(Wiener)
As Amended Ver:September 1, 2017
Majority vote
SENATE VOTE: 25-12
Committee | Votes | Ayes | Noes |
Local Government | 6-2 | Aguiar-Curry, Bloom, Caballero, Grayson, Lackey, Ridley-Thomas | Waldron, Voepel |
Housing | 5-1 | Chiu, Bocanegra, Chau, Kalra, Lackey | Choi |
SUMMARY: Establishes a streamlined, ministerial review process for certain multifamily affordable housing projects that are proposed in local jurisdictions that have not met regional housing needs, until 2026. Specifically, this bill:
- Requires the following additional information to be included in the annual report provided by the planning agency after adoption of the general plan to the legislative body, the Office of Planning and Research (OPR), and the Department of Housing and Community Development (HCD):
- The number of net new units of housing, including both rental housing and for-sale housing, that have been issued a completed entitlement, a building permit, or a certificate of occupancy, thus far in the housing element cycle, and the income category, by area median income category, that each unit of housing, including both rental housing and housing designated for home ownership, satisfies. Requires the production report to, for each income category as specified, distinguish between the number of rental housing units and the number of for-sale housing units that satisfy each income category. Requires the production report to include, for each entitlement, building permit, or certificate of occupancy, a unique site identifier which must include an assessor's parcel number, but may also include street address of other identifies; and,
- The number of applications submitted pursuant to 3), below, the location and the total number of development approved pursuant to 4), below, the total number of building permits issue pursuant to 3), below, the total number of units including both rental housing and for-sale housing by area median income (AMI) category construction using the process provided for in 3), below.
- Requires HCD to post the annual progress report on its Internet Web site within a reasonable time of receiving the report.
- Allows a development proponent to submit an application for a development that is subject to the streamlined, ministerial approval process pursuant to 4), below, and not subject to a conditional use permit if the development satisfies all of the following objective planning standards:
- The development is a multifamily housing development that contains two or more residential units;
- The development is located on a site that satisfies all of the following:
- A site that is a legal parcel or parcels located in a city if, and only if, the city boundaries include some portion of either an urbanized area or urban cluster, as designated by the United States (U.S.) Census Bureau, or, for unincorporated areas, a legal parcel of parcels wholly within the boundaries of an urbanized area or urban cluster, as designated by the U.S. Census Bureau;
- A site in which at least 75% of the perimeter of the site adjoins parcels that are developed with urban uses. Provides, for the purposes of this section, that parcels that are only separated by a street or highway shall be considered to be adjoined; and,
- A site that is zoned for residential use or residential mixed-use development, or has a general plan designation that allows residential use or a mix of residential and nonresidential uses, with at least two-thirds of the square footage designated for residential use;
- If the development contains units that are subsidized, the development proponent already has recorded, or is required by law to record, a land use restriction for the following applicable minimum durations:
- 55 years for units that are rented; or,
- 45 years for units that are owned;
- The development satisfies both of the following:
- Is located in a locality that HCD has determined, based on the last production report submitted by the locality to HCD, is subject on the basis that the number of units that have been issued building permits is less than the locality's share of the regional housing needs, by income category, for that reporting period. Specifies that a locality shall remain eligible until HCD's determination for the next reporting period. Provides that a locality is subject to this if it has not submitted an annual housing element report to HCD for at least two consecutive years before the development submitted an application for approval;
- The development is subject to a requirement mandating a minimum percentage of below market rate housing based on either one of the following:
- The locality did not submit its latest production report to HCD by the time period required, or that report reflects that there were fewer units of above moderate-income housing approved than were required for the regional housing needs assessment cycle for that year. Requires, if the project contains more than 10 units of housing, the project seeking approval to dedicate a minimum of 10% of the total number of units to housing affordable to households making below 80% of the area median income. Provides that if a locality has adopted a local ordinance that required that greater than 10% of the units be dedicated to housing affordable to households making below 80% of the area median income, then that zoning ordinance applies;
- The locality did not submit its latest production report to HCD by the time period required, or that report reflects 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 year, and the project seeking approval dedicates 50% of the total number of units to housing affordable to households making below 80% of the area median income, unless the locality has adopted a local ordinance that requires that greater than 50% of the units be dedicated to housing affordable to households making below 80% of the area median income, in which case that ordinance applies; or,
- The locality did not submit its latest production report to HCD by the time period required, or if the production report reflects that there were fewer units of housing affordable to any income level described in clause (1) or (2), above, that were issued building permits than were required for the regional housing needs assessment cycle for that reporting period, the project seeking approval may choose between utilizing clause (1) or (2), above.
- 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 in effect at the time that the development is submitted to the local government. Defines "objective zoning standards" and "objective design review standards" to mean standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponents and the public official prior to submittal. Specifies that these standards may be embodied in alternative objective land use specifications adopted by a city or county, and may include, but are not limited to, housing overlay zones, specific plans, inclusionary zoning ordinances, and density bonus ordinances, subject to the following:
- A development shall be deemed consistent with the objective zoning standards related to housing density, as applicable, if the density proposed is compliant with the maximum density allowed within that land use designation, notwithstanding any specified maximum unit allocation that may result in fewer units of housing being permitted; and,
- In the event that objective zoning, general plan, or design review standards are mutually inconsistent, a development shall be deemed consistent with the objective zoning standards if the development is consistent with the standards set forth in the general plan.
- The development is not located on a site that is any of the following:
- A coastal zone, as specified;
- Either prime farmland or farmland of statewide importance, as defined pursuant to United States Department of Agriculture land inventory and monitoring criteria, as modified for California, and designated on the maps prepared by the Farmland Mapping and Monitoring Program of the Department of Conservation, or land zoned or designated for agricultural protection or preservation by a local ballot measure that was approved by the voters of that jurisdiction;
- Wetlands, as defined in the United States Fish and Wildlife Service Manual;
- Within a very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection, as specified, or within a high or very high fire hazard severity zone as indicated on maps adopted by the Department of Forestry and Fire Protection, as specified. Specifies that this does not apply to sites excluded from the specified hazard zones by a local agency, as specified, or sites that have adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development;
- A hazardous waste site that is listed pursuant to existing law or a hazardous waste site designated by the Department of Toxic Substances Control, unless the Department has cleared the site for residential use or residential mixed uses;
- Within a delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission, as specified, and by any local building department, as specified;
- Within 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, as specified;
- Within a floodway as determined by maps promulgated by FEMA, unless the development has received a no-rise certification in accordance with existing law;
- Lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act, habitat conservation plan pursuant to the federal Endangered Specials Act of 1973, or other adopted natural resource protection plan;
- Habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected specifies, or species protected by the federal Endangered Species Act of 1973, the California Endangered Species Act, or the Native Plan Protection Act, as specified; or,
- Lands under conservation easement.
- The development is not located on a site where any of the following apply:
- The development would require the demolition of the following types of housing:
- Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income;
- Housing that is subject to any form of rent or price control through a public entity's valid exercise of its police power; and,
- Housing that has been occupied by tenants within the past 10 years;
- The site was previously used for housing that was occupied by tenants that was demolished within 10 years before the development proponents submits an application; or,
- The development would require the demolition of a historic structure that was placed on a national, state, or local historic register.
- The property contains housing units that are occupied by tenants, and units at the property are, or were, subsequently offered for sale to the general public by the subdivider or subsequent owner of the property.
- The development would require the demolition of the following types of housing:
- The development proponent has done both of the following, as applicable:
- Certified to the locality that either of the following is true:
- The entirety of the development is a public work for purposes of Chapter 1 of Part 7 of Division 2 of the Labor Code; or,
- If the development is not in its entirety a public work, that all construction workers employed in the execution of the development will be paid at least the general prevailing rate of per diem wages for the type of work and geographic area, as determined by the Director of Industrial Relations, as specified, except that apprentices registered in programs approved by the chief of the division of Apprenticeship Standards may be paid at least the applicable apprentice prevailing rate. If the development is subject to these provisions, then for those portions of the development that are not a public work, all of the following shall apply:
- The development proponent shall ensure that the prevailing wage requirement is included in all contracts for the performance of the work;
- All contractors and subcontractors shall pay to all construction workers employed in the execution of the work at least the general prevailing rate of per diem wages except that apprentices registered in programs approved by the Chief of the Division of Apprenticeship Standards may be paid at least the applicable apprentice prevailing rate;
- Except as provided in 5), below, all contractors and subcontractors shall maintain and verify payroll records, as specified, and make those records available for inspection and copying as provided therein;
- Except as provided in 5), below, the obligation of the contractors and subcontractors to pay prevailing wages may be enforced by the Labor Commissioner through the issuance of a civil wage and penalty assessment, which may be reviewed as specified within 18 months after the completion of the development, or by an underpaid worker through an administrative complaint or civil action, or by a joint labor-management committee through a civil action as specified. Provides that if a civil wage and penalty assessment is issued, the contractor, subcontractor and surety on a bond or bonds issued to secure the payment of wages covered by the assessment shall be liable for liquidated damages, as specified;
- Provides that 3), and 4), above, shall not apply if all contractors and subcontractors performing work on the development are subject to a project labor agreement that requires the payment of prevailing waters to all construction workers employed in the execution of the development and provides for enforcement of that obligation through an arbitration procedure; and,
- The requirement that employer payments not reduce the obligation to pay the hourly straight time or overtime wages found to be prevailing shall not apply if otherwise proved in a bona fide collective bargaining agreement to cover the worker, as specified. The requirement to pay at least the general prevailing rate of per diem wages does not preclude use of an alternative workweek schedule, as specified.
- For developments for which any of the following conditions apply, certified that a skilled and trained workforce shall be used to complete the development, if the application is approved:
- On and after January 1, 2018, until December 31, 2021, the development consists of 75 or more units that are not 100% subsidized affordable housing and will be located within a jurisdiction located in a coastal or bay county with a population of 225,000 or more;
- On and after January 1, 2022, until December 31, 2025, the development consists of 50 or more units that are not 100% subsidized affordable housing and will be located within a jurisdiction located in a coastal or bay county with a population of 225,000 or more;
- On and after January 1, 2018, until December 31, 2019, the development consists of 75 or more units that are not 100% subsidized affordable housing and will be located within a jurisdiction with a population of fewer than 550,000 and that is not located in a coastal or bay county;
- On and after January 1, 2020, until December 31, 2021, the development consists of more than 50 units and will be located within a jurisdiction with a population of fewer than 550,000 and that is not located in a coastal or bay county; or,
- On and after January 1, 2022, until December 31, 2025, the development consists of more than 25 units and will be located within a jurisdiction with a population of fewer than 550,000 and that is not located in a coastal bay county.
- Provides, for purposes of this section, that "skilled and trained workforce" has the same meaning as provided in Chapter 2.9 (commencing with Section 2600) of Part 1 of Division 2 of the Public Contract Code;
- Requires the following to apply, if the development proponent has certified that a skilled and trained workforce will be used to complete the development and the application is approved:
- The applicant shall require in all contracts for the performance of work that every contractor and subcontractor at every tier will individually use a skilled and trained workforce to complete the development;
- Every contractor and subcontractor shall use a skilled and trained workforce to complete the development;
- Except as provided below in (4), the applicant shall provide to the locality, on a monthly basis while the development or contract is being performed, a report demonstrating compliance with Chapter 2.9 of Part 1 of Division 2 of the Public Contract Code. Provides that the report shall be a public record and shall be open to public inspection. States that an applicant that fails to provide a monthly report shall be subject to a civil penalty of $10,000 per month for each month for which the report has not been provided. Provides that any contractor of subcontractor that fails to use a skilled and trained workforce shall be subject to a civil penalty of $200 per day for each worker employed in contravention of the requirement. Allows penalties to be assessed by the Labor Commissioner within 18 months of completion of the development using the same procedures for issuance of civil wage and penalty assessments, and may be reviewed pursuant to specified procedures. Requires penalties to be paid to the State Public Works Enforcement Fund; and,
- Specifies that (3), above, shall not apply if all contractors and subcontractors performing work on the development are subject to a project labor agreement that requires compliance with the skilled and trained workforce requirement and provides for enforcement of that obligation through an arbitration procedure. Defines project labor agreement to have the same meaning as set forth in paragraph (1) of subdivision (b) of Section 2500 of the Public Contract Code;
- Notwithstanding (h)(i) and (h)(ii) above, a development that is subject to approval pursuant to this section is exempt from any requirement to pay prevailing wages or use a skilled and trained workforce if it meets both of the following:
- The project includes 10 or fewer units; and,
- The project is not a public work, as defined.
- Certified to the locality that either of the following is true:
- The development did not or does not involve a subdivision of a parcel that is, or notwithstanding this section, would otherwise be, subject to the Subdivision Map Act, or any other applicable law authorizing the subdivision of land, unless either of the following apply:
- The development has received or will receive financing of funding by means of a low-income housing tax credit and is subject to the requirement that prevailing wages be paid, as specified; or,
- The development is subject to the requirement that prevailing wages be paid, and a skilled and trained workforce used, as specified.
- The development shall not be upon an existing parcel of land or site that is governed under the Mobilehome Residency Law, the Recreational Vehicle Park Occupancy Law, the Mobilehome Parks Act, or the Special Occupancy Parks Act, as specified.
- Specifies, if a local government determines that a development submitted pursuant to the bill's provisions is in conflict with any of the objective planning standards listed in 3), above, that it shall provide the development proponent written documentation of which standard or standards the development conflicts with, and an explanation for the reason or reasons the development conflicts with that standard or standards, as follows:
- Within 60 days of submittal of the development to the local government if the development contains 150 or fewer housing units; or,
- Within 90 days of submittal of the development to the local government if the development contains more than 150 housing units.
- Provides that the development shall be deemed to satisfy the objective planning standards listed in 3), above, if the local government fails to provide the required documentation pursuant to 4), above.
- Provides that any design review or public oversight of the development may be conducted by the local government's planning commission or any equivalent board or commission responsible for review and approval of development projects, or the city council or board of supervisors, as appropriate. Requires that design review or public oversight to be objective and be strictly focused on assessing compliance with criteria required for streamlined projects, as well as any reasonable objective design standards published and adopted by ordinance or resolution by a local jurisdiction before submission of a development application, and shall be broadly applicable to development within the jurisdiction. Provides that design review or public oversight shall be completed as follows and shall not in any way inhibit, chill, or preclude the ministerial approval provided by this section or its effect, as applicable:
- Within 90 days of submittal of the development to the local government if the development contains 150 or fewer housing units; or,
- Within 180 days of submittal of the development to the local government if the development contains more than 150 housing units.
- Prohibits a local government, whether or not it has adopted an ordinance governing parking requirements in multifamily developments, from imposing parking standards for a streamlined development that was approved in any of the following instances:
- The development is located within one-half mile of public transit;
- The development is located within an architecturally and historically significant historic district;
- When on-street parking permits are required but not offered to the occupants of the development; or,
- When there is a car share vehicle located within one block of the development.
- Provides, if the development does not fall within any of the categories described in 7), above, the local government shall not impose parking requirements for streamlined developments approved that exceed one parking space per unit.
- Provides that if a local government approves a development then that approval shall not expire if the project includes public investment in housing affordability, beyond tax credits, where 50% of the units are affordable to households making below 80% of the area median income.
- Provides that if a local government approves a development and the project does not include 50% of the units affordable to households making below 90% of the area median income, that approval shall automatically expire after three years except that a project may receive a one-time, one-year extension if the project proponent can provide documentation that there has been significant progress toward getting the development construction ready, such as filing a building permit application.
- Provides that if a local government approves a development, that approval shall remain valid for three years from the date of the final action establishing that approval and shall remain valid thereafter for a project so long as vertical construction of the development has begun and is in progress. Allows the development proponent to request, and the local government shall have the discretion to grant, an additional one-year extension to the original three-year period, as specified.
- Prohibits a local government from adopting any requirement, including, but not limited to, increased fees or inclusionary housing requirements, that applies to a project solely or partially on the basis that the project is eligible to receive ministerial or streamlined approval.
- Provides that this section shall not affect a development proponent's ability to use any alternative streamlined by right permit processing adopted by a local government, as specified.
- Defines the following terms:
- "Department" to mean the Department of Housing and Community Development.
- "Development proponent" to mean the developer who submits an application for streamlined approval;
- "Completed entitlements" to mean a housing development which has received all the required land use approvals or entitlements necessary for the issuance of building permit.
- "Production report" means the information reported pursuant to existing law requiring the planning agency to provide an annual report on the progress of the housing element; and,
- "Subsidized" to mean units that are price or rent restricted such that the units are permanently affordable to households meeting the definitions of very low and lower income, as defined.
- "Reporting period" to mean either of the following:
- The first half of the regional housing needs assessment cycle; or,
- The last half the regional housing needs assessment cycle.
- "Urban uses" to mean any current of former residential, commercial, public institutional, transit or transportation passenger facility, or retail use, or any combination of those uses.
- Allows HCD to review, adopt, amend, and repeal guidelines to implement uniform standards or criteria that supplement or clarify the terms, references, or standards set forth, as specified, and provides that any guidelines or terms adopted shall not be subject to the administrative rulemaking process.
- Specifies that this section shall remain in effect only until January 1, 2026, and as of that date is repealed.
- Updates findings and declarations that specifically list the reforms and incentives to facilitate and expedite construction of affordable housing to include that that these reforms also facilitate and expedite the approval of affordable housing. Adds streamlining housing approvals during a housing shortage to the list.
- Finds and declares that ensuring access to affordable housing is a matter of statewide concern, and not a municipal affair, and therefore is applicable to a charter city, charter county, and a charter city and county.
- Declares that each provision of this measure is a material and integral part of this measure, and the provisions of this measure are not severable. Provides that if any provision of this measure or its application is held invalid, then this entire measure shall be null and void.
- Contains chaptering amendments to avoid conflicts with AB 879 and AB 73.
- Provides that no reimbursement is required because a local agency or school district has the authority to levy service charges, fees, or assessment sufficient to pay for the program or level of service mandated by this act.
EXISTING LAW:
- Requires a local jurisdiction to give public notice of a hearing whenever a person applies for a zoning variance, special use permit, conditional use permit, zoning ordinance amendment, or general or specific plan amendment.
- Requires the board of zoning adjustment or zoning administrator to hear and decide applications for conditional uses or other permits when the zoning ordinance provides therefor and establishes criteria for determining those matters, and applications for variances from the terms of the zoning ordinance.
- Requires cities and counties to prepare and adopt a general plan, including a housing element, to guide the future growth of a community. The housing element shall consist of an identification and analysis of existing and projected housing needs and a statement of goals, policy objectives, financial resources, and scheduled programs for the preservation, improvement, and development of housing.
- Requires the housing element to identify adequate sites for housing and to make adequate provision for the existing and projected needs of all economic segments of the community.
FISCAL EFFECT: Unknown.
COMMENTS:
- 2016 By-Right Proposal and January 2017 Budget Summary. In May 2016, the Governor introduced trailer bill language designed to streamline approval processes by broadening eligibility for by-right, ministerial land use approvals for multifamily infill housing developments that include affordable housing. Specifically, that proposal applied to projects that were within a "transit priority area" (defined as within ½ a mile of a major transit stop) and had at least 10% of units reserved for low-income households or 5% of units reserved for very low-income households. It also applied to projects that are not in a "transit priority area," in which at least 20% of the units are reserved for individuals making less than 80% of the area median income. A local government would not have been able to require a conditional use permit, planned unit development permit, or other discretionary local government review or approval for qualifying developments that include one of the affordable housing components noted above, provided they are consistent with objective general plan and zoning standards and are, where applicable, subject to mitigating measures to address potential environmental harm.
The Governor's proposal sought to address California's housing supply problem by expediting approval processes at the local level for predominately market rate housing developments. The proposal was met with opposition from labor, affordable housing advocates, local governments, and the environmental community, and was never introduced into a bill.
The Governor's January 2017 Budget Summary included the following principles for housing:
The Administration is committed to working with the Legislature on the development of a legislative package to further address the state's housing shortage and affordability pressures. Such a package should include additional reforms and any new funding should not rely on the General Fund. Because it is counterproductive to develop a new funding source for affordable housing under a system that increases time, risk, and cost, the Administration puts forth the following principles:
- Streamline Housing Construction – Reduce local barriers to limit delays and duplicative reviews, maximize the impact of all public investments, and temper rents through housing supply increases.
- Lower Per – Unit Costs – Reduce permit and construction policies that drive up unit costs.
- Production Incentives – Those jurisdictions that meet or exceed housing goals, including affordable housing, should be rewarded with funding and other regulatory benefits. Those jurisdictions that do not build enough to increase production should be encouraged by tying housing construction to other infrastructure‑related investments.
- Accountability and Enforcement – Compliance with existing laws – such as the housing element – should be strengthened.
- No Impact to the General Fund – No new costs, or cost pressures, can be added to the state's General Fund, if new funding commitments are to be considered.
- Any permanent source of funding should be connected to these other reforms.
- Author's Statement. According to the author, "For decades, California has failed to create enough housing, at all income levels, for our growing population. We have placed endless barriers in the way of new housing. According to the Legislative Analyst, California needs to produce approximately 180,000 units of housing per year to keep up with population growth – right now, we produce less than half that amount. The extreme cost of housing in many parts of California is harming our economy, our environment, and the health and quality of life of far too many people. When we don't have enough housing, low income and middle income residents are hit the hardest, with increased evictions and an inability to find suitable housing. While there are various reasons for this shortage, including zoning restrictions, one aspect of the problem is the significant length of time it takes to approve housing even if the project is entirely within zoning. It should not take years to approve a zoning-compliant housing development.
"SB 35 will result in more housing at all income levels, good-paying jobs to build that housing, and more accountability in creating the new homes our residents so badly need. Under SB 35, if cities aren't on track to meet their RHNA goals, then approval of zoning-compliant projects will be streamlined, if they meet objective zoning, affordability, and environmental criteria, and if the projects meet rigorous labor standards dependent on the size of the project. Under SB 35, all cities and counties are required to submit their progress on housing production to the California Department of Housing and Community Development, and HCD is required to make that data easily available to the public. Indeed, many cities aren't even required to report their progress to the state under current law, and the state doesn't do a great job reporting out statewide RHNA progress.
"In combination with other bills pending in the Legislature – particularly affordable housing funding bills and bills to require better compliance with Housing Element requirements - SB 35 will help create more housing for people of all income levels. It deserves our support."
- Arguments in Support. Supporters argue that this bill creates a responsible streamlining process that differentiates the production shortages among varying levels of households income, and that the bill balances local control with residents' housing needs, thus bolstering the economic livelihood of all Californians.
- Arguments in Opposition. Opponents believe that the bill ignores the significant barrier and disincentives that constrain the production of housing, such as economic market conditions, lack of funding or subsidies, and challenges for developers, while also subverting the local autonomy and the public hearing process.
Analysis Prepared by: Debbie Michel / L. GOV. / (916) 319-3958 FN: 0001676
Date of Hearing: July 12, 2018
ASSEMBLY COMMITTEE ON HOUSING AND COMMUNITY DEVELOPMENT
David Chiu, Chair
SBPCA Bill Id:SB 35
Author:(Wiener) – As Amended Ver:July 5, 2017
SENATE VOTE: 25-12
SUBJECT: Planning and zoning: affordable housing: streamlined approval process
SUMMARY: Creates a streamlined, ministerial approval process for development proponents of multi-family housing if the development meets specified requirements and the local government in which the development is located has not produced enough housing units to meet its regional housing needs assessment (RNHA). Specifically, this bill:
- Includes the following definitions:
- "Development proponent" means the developer that submits an application for streamlined approval.
- "Locality" or "local government" means a city, including a charter city, a county, including a charter county, or a city and county, including a charter city and county.
- "Production report" means the information required to be provided as part of the annual report submitted annually by a planning agency.
- "Subsidized" means units that are price or rent controlled so that the units are permanently affordable to households meeting the definition of very low and lower income, as defined.
- "Report period" means either of the following:
- The first half of the RNHA cycle; or
- The last half of the RNHA cycle.
- Requires the following additional information to be included in the annual report provided by the planning agency after adoption of the general plan to the legislative body, the Office of Planning and Research (OPR), and the Department of Housing and Community Development (HCD):
- The number of net new units of housing, including both rental housing and housing designated for homeownership, that have been issued an entitlement, a building permit, or a certificate of occupancy, thus far in the housing element cycle, and the income category, by area median income category, that each unit of housing, including both rental housing and housing designated for homeownership, satisfies. Requires the report to, for each income category as specified, distinguish between the number of rental housing units that satisfy each income category and the number of units that are housing designated for home ownership that satisfy each income category. Requires the report to include, for each entitlement, building permit, or certificate of occupancy, a unique site identifier, such as street address, ZIP code, or assessor’s parcel number.
- Requires HCD to post the annual progress report on its Internet Web site within a reasonable time of receiving the report.
- Allows a development proponent to submit an application for a development that is subject to the streamlined, ministerial approval process pursuant to 5), below, and not subject to a conditional use permit if the development satisfies all of the following objective planning standards:
- The development is a multifamily housing development that contains two or more residential units;
- The development is located on a site that satisfies both of the following:
- Is an urban infill site, as specified; and,
- Is a site zoned for residential use or residential mixed-use development with at least two-thirds of the square footage designated for residential use.
- If the development contains units that are subsidized, the development proponent already has recorded, or is required by law to record, a land use restriction for the following applicable minimum durations:
- 55 years for units that are rented; or,
- 45 years for units that are owned;
- The development, excluding any additional density or any other concessions, incentives, or waivers of development standards granted pursuant to Density Bonus Law, satisfies both of the following:
- Is located in a locality that HCD has determined, based on the last production report submitted by the locality to HCD, is eligible on the basis that the number of units that have been issued building permits is less than the locality’s share of the regional housing needs, by income category, for that reporting period. Specifies that a locality shall remain eligible for four years after the date that HCD has determined the locality was eligible, and, at that date, HCD shall determine, based on the last production report, whether the locality is eligible for another four-year period based on the basis described above. Provides that a locality is deemed eligible if it has not submitted an annual housing element report to HCD for at least two consecutive years before the development submitted an application for approval;
- The development is subject to a requirement mandating a minimum percentage of below market rate housing based on either of the following:
- If the locality did not submit its latest production report to HCD by the time period required, or that report reflects that there were fewer units of above moderate-income housing approved than were required for the regional housing needs assessment cycle for that year. Requires, if the project contains more than 10 units of housing, the project seeking approval to dedicate a minimum of 10% of the total number of units to housing affordable to households making below 80% of the area median income, including at least 5% of the total number of units affordable to households making below 50% of the area median income. Provides that if a locality has adopted a local ordinance that required that greater than 10% of the units be dedicated to housing affordable to households making below 80% of the area median income, then that zoning ordinance applies; or,
- If the locality did not submit its latest production report to HCD by the time period required, or that report reflects 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 year, and the project seeking approval dedicates 50% of the total number of units to housing affordable to households making below 80% of the area median income, unless the locality has adopted a local ordinance that requires that greater than 50% of the units be dedicated to housing affordable to households making below 80% of the area median income, in which case that ordinance applies.
- The development is consistent with objective zoning standards, including Density Bonus Law, and objective design review standards in effect at the time that the development is submitted to the local government. Defines “objective zoning standards” and “objective design review standards” to mean standards that involve no personal or subjective judgment by a public official.
- The development is not located on a site that is any of the following:
- A coast zone, as specified;
- Either prime farmland or farmland of statewide importance, as defined pursuant to United States Department of Agriculture land inventory and monitoring criteria, as modified for California, and designated on the maps prepared by the Farmland Mapping and Monitoring Program of the Department of Conservation, or land zoned or designated for agricultural protection or preservation by a local ballot measure that was approved by the voters of that jurisdiction;
- Wetlands, as defined in the United States Fish and Wildlife Service Manual;
- Within a very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection, as specified, or within a high or very high fire hazard severity zone as indicated on maps adopted by the Department of Forestry and Fire Protection, as specified. Specifies that this does not apply to sites excluded from the specified hazard zones by a local agency, as specified, or sites that have adopted sufficient fire hazard mitigation measures as may be determined by their local agency with land use authority;
- A hazardous waste site that is listed pursuant to existing law or a hazardous waste site designated by the Department of Toxic Substances Control, unless the Department has cleared the site for residential use or residential mixed uses;
- Within a delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission, as specified, and by any local building department, as specified;
- Within 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, as specified;
- Within a floodway as determined by maps promulgated by FEMA, unless the development has received a no-rise certification in accordance with existing law;
- Lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act, habitat conservation plan pursuant to the federal Endangered Specials Act of 1973, or other adopted natural resource protection plan;
- Occupied habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected specifies, or species protected by the federal Endangered Species Act of 1973, the California Endangered Species Act, or the Native Plan Protection Act, as specified; or,
- Lands under conservation easement.
- The development is not located on a site where any of the following apply:
- The development would require the demolition of housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income, housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power, or housing that has been occupied by tenants within the past 10 years;
- The site was previously used for housing that was occupied by tenants that was demolished within 10 years before the development proponent submits an application; or,
- The development would require the demolition of a historic structure that was placed on a national, state, or local historic register.
- The development proponent has certified that one of the following is true:
- The project is a public work for purposes of Chapter 1 of Part 7 of Division 2 of the Labor Code; or,
- If the project is not a public work, that all construction workers employed in the execution of the project will be paid at least the general prevailing rate of per diem wages for the type of work and geographic area, as determined by the Director of Industrial Relations, as specified. If the development is subject to these provisions, then all of the following shall apply:
- The development proponent shall ensure that the prevailing wage requirement is included in all contracts for the performance of the work;
- Contractors and subcontractors shall pay to all construction workers employed in the execution of the work at least the general prevailing rate of per diem wages;
- Except as provided in 4), below, the obligation of the contractors and subcontractors to pay prevailing wages may be enforced by the Labor Commissioner through the issuance of a civil wage and penalty assessment, which may be reviewed as specified within 18 months after the completion of the project, or by an underpaid worker through an administrative complaint or civil action. Provides that if a civil wage and penalty assessment is issued, the contractor, subcontractor and surety on a bond or bonds issued to secure the payment of wages covered by the assessment shall be liable for liquidated damages, as specified;
- Provides that 3), above, shall not apply if all contractors and subcontractors performing work on the project are subject to a project labor agreement that requires the payment of prevailing wages to all construction workers employed in the execution of the project and provides for enforcement of that obligation through an arbitration procedure.
- The requirement that employer payments not reduce the obligation to pay the hourly straight time or overtime wages found to be prevailing shall not apply if otherwise proved in a bona fide collective bargaining agreement to cover the worker, as specified;
- For developments that are not 100 % subsidized affordable housing and are larger than ____ (unspecified) units, that a skilled and trained workforce shall be used to complete the project, as specified.
- The development shall not be upon an existing parcel of land or site that is governed under the Mobilehome Residency Law, the Recreational Vehicle Park Occupancy Law, the Mobilehome Parks Act, or the Special Occupancy Parks Act, as specified.
- Specifies, if a local government determines that a development submitted pursuant to the bill’s provisions is in conflict with any of the objective planning standards listed in 4), above, that it shall provide the development proponent written documentation of which standard or standards the development conflicts with, and an explanation for the reason or reasons the development conflicts with that standard or standards, as follows:
- Within 60 days of submittal of the development to the local government if the development contains 150 or fewer housing units; or,
- Within 90 days of submittal of the development to the local government if the development contains more than 150 housing units.
- Provides that the development shall be deemed to satisfy the objective planning standards listed in 4), above, if the local government fails to provide the required documentation pursuant to 5), above.
- Provides that any design review or public oversight of the development may be conducted by the local government’s planning commission or any equivalent board or commission responsible for review and approval of development projects, or the city council or board of supervisors, as appropriate. Requires that design review or public oversight be objective and strictly focused on assessing compliance with criteria required for streamlined projects, as well as any reasonable objective design standards published and adopted by ordinance or resolution by a local jurisdiction before submission of a development application, and shall be broadly applicable to development within the jurisdiction. Provides that design review or public oversight shall be completed as follows and shall not in any way inhibit, chill, or preclude the ministerial approval provided by this section or its effect, as applicable:
- Within 90 days of submittal of the development to the local government if the development contains 150 or fewer housing units;
- Within 180 days of submittal of the development to the local government if the development contains more than 150 housing units.
- Prohibits a local government, whether or not it has adopted an ordinance governing parking requirements in multifamily developments, from imposing parking standards for an approved streamlined development in any of the following instances:
- The development is located within one-half mile of public transit;
- The development is located within an architecturally and historically significant historic district;
- When on-street parking permits are required but not offered to the occupants of the development; or,
- When there is a car share vehicle located within one block of the development.
- Provides, if the development does not fall within any of the categories described in 8), above, the local government shall not impose parking requirements for an approved streamlined developments approved that exceed one parking space per unit.
- Provides that if a local government approves a development then that approval shall not expire if the project includes public investment in housing affordability, beyond tax credits, where 50% of the units are affordable to households making below 80% of the area median income.
- Provides that if a local government approves a development and the project does not include 50% of the units affordable to households making below 80% of the area median income, that approval shall automatically expire after three years except that a project may receive a one-time, one-year extension if the project proponent can provide documentation that there has been significant progress toward getting the development construction ready, such as filing a building permit application.
- Prohibits a local government from adopting any requirement, including, but not limited to, increased fees or inclusionary housing requirements, that applies to a project solely or partially on the basis that the project is eligible to receive ministerial or streamlined approval.
- Updates legislative findings and declarations that specifically list the reforms and incentives to facilitate and expedite construction of affordable housing to include that that these reforms also facilitate and expedite the approval of affordable housing. Adds streamlining housing approvals during a housing shortage to the list.
- Finds and declares that ensuring access to affordable housing is a matter of statewide concern, and not a municipal affair, and therefore is applicable to a charter city, charter county, and a charter city and county.
- Declares that each provision of this measure is a material and integral part of this measure, and the provisions of this measure are not severable. Provides that if any provision of this measure or its application is held invalid, then this entire measure shall be null and void.
- Provides that no reimbursement is required because a local agency or school district has the authority to levy service charges, fees, or assessment, sufficient to pay for the program or level of service mandated by this Act.
EXISTING LAW:
- Requires a local jurisdiction to give public notice of a hearing whenever a person applies for a zoning variance, special use permit, conditional use permit, zoning ordinance amendment, or general or specific plan amendment.
- Requires the board of zoning adjustment or zoning administrator to hear and decide applications for conditional uses or other permits when the zoning ordinance provides therefor and establishes criteria for determining those matters, and applications for variances from the terms of the zoning ordinance.
- Requires cities and counties, to prepare and adopt a general plan, including a housing element, to guide the future growth of a community. The housing element shall consist of an identification and analysis of existing and projected housing needs and a statement of goals, policy objectives, financial resources, and scheduled programs for the preservation, improvement, and development of housing.
- Requires the housing element to identify adequate sites for housing and to make adequate provision for the existing and projected needs of all economic segments of the community.
- Defines “infill site” to mean a site in an urbanized area that meets either of the folloiwng criteria:
- The site has not been previously developed for urban uses and both of the following apply:
- The site is immediately adjacent to parcels that are developed with qualified urban uses, or at least 75% of the perimeter of the site adjoins parcels that are developed with qualified urban uses, and the remaining 25% of the site adjoins parcels that have previously been developed for qualified urban uses; and,
- No parcel within the site has been created within the past 10 years unless the parcel was created as a result of the plan of a redevelopment agency.
- The site has not been previously developed for urban uses and both of the following apply:
(b) The site has been previously developed for qualified urban uses.
FISCAL EFFECT: Unknown.
COMMENTS:
Purpose of the bill: According to the author, “For decades, California has failed to create enough housing, at all income levels, for our growing population. We have placed endless barriers in the way of new housing. According to the Legislative Analyst, California needs to produce approximately 180,000 units of housing per year to keep up with population growth – right now, we produce less than half that amount. The extreme cost of housing in many parts of California is harming our economy, our environment, and the health and quality of life of far too many people. When we don't have enough housing, low income and middle income residents are hit the hardest, with increased evictions and an inability to find suitable housing. While there are various reasons for this shortage, including zoning restrictions, one aspect of the problem is the significant length of time it takes to approve housing even if the project is entirely within zoning. It should not take years to approve a zoning-compliant housing development.
“SB 35 will result in more housing at all income levels, good-paying jobs to build that housing, and more accountability in creating the new homes our residents so badly need. Under SB 35, if cities aren’t on track to meet their RHNA goals, then approval of zoning-compliant projects will be streamlined, if they meet objective zoning, affordability, and environmental criteria, and if the projects meet rigorous labor standards dependent on the size of the project. Under SB 35, all cities and counties are required to submit their progress on housing production to the California Department of Housing and Community Development, and HCD is required to make that data easily available to the public. Indeed, many cities aren’t even required to report their progress to the state under current law, and the state doesn’t do a great job reporting our statewide RHNA progress.
“In combination with other bills pending in the Legislature - particularly affordable housing funding bills and bills to require better compliance with Housing Element requirements - SB 35 will help create more housing for people of all income levels. It deserves our support.”
2016 By-Right Proposal and January 2017 Budget Summary: In May 2016, the Governor released trailer bill language designed to streamline approval processes by broadening the eligibility for by-right, ministerial land use approvals for multifamily infill housing developments that include affordable housing. Specifically, that proposal applied to projects that were within a “transit priority area” (defined as within ½ a mile of a major transit stop) and had at least 10% of units reserved for low-income households or 5% of units reserved for very low-income households. It also applied to projects that are not in a “transit priority area,” in which at least 20% of the units are reserved for individuals making less than 80% of the area median income. A local government would not have been able to require a conditional use permit, planned unit development permit, or other discretionary local government review or approval for qualifying developments that include one of the affordable housing components noted above, provided they are consistent with objective general plan and zoning standards and are, where applicable, subject to mitigating measures to address potential environmental harm.
The Governor’s proposal sought to address California’s housing supply problem by expediting approval processes at the local level for predominately market rate housing developments. The proposal was met with opposition from labor, affordable housing advocates, local governments, and the environmental community, and was never introduced into a bill.
The Governor’s January 2017 Budget Summary included the following principles for housing:
"The Administration is committed to working with the Legislature on the development of a legislative package to further address the state’s housing shortage and affordability pressures. Such a package should include additional reforms and any new funding should not rely on the General Fund. Because it is counterproductive to develop a new funding source for affordable housing under a system that increases time, risk, and cost, the Administration puts forth the following principles:
- Streamline Housing Construction — Reduce local barriers to limit delays and duplicative reviews, maximize the impact of all public investments, and temper rents through housing supply increases.
- Lower Per‑Unit Costs — Reduce permit and construction policies that drive up unit costs.
- Production Incentives — Those jurisdictions that meet or exceed housing goals, including affordable housing, should be rewarded with funding and other regulatory benefits. Those jurisdictions that do not build enough to increase production should be encouraged by tying housing construction to other infrastructure‑related investments.
- Accountability and Enforcement — Compliance with existing laws — such as the housing element — should be strengthened.
- No Impact to the General Fund — No new costs, or cost pressures, can be added to the state’s General Fund, if new funding commitments are to be considered.
- Any permanent source of funding should be connected to these other reforms."
Regional Housing Needs Assessment (RNHA): Housing element law requires local governments to adequately plan to meet their existing and projected housing needs including their share of the regional housing need. The housing element update process addresses the statewide concern of providing "decent housing and a suitable living environment for every California family," in part by facilitating increases in housing supply to accommodate the needs of the state's population and its growth. The law recognizes the most critical decisions regarding housing development occur at the local level within the context of the general plan. In order for the private sector to adequately address housing needs and demand, local governments must regularly update their general plans, zoning, and development standards to provide opportunities for, and not unduly constrain, housing development for all income groups.
The RHNA for each city and county constitutes a fundamental basis for housing element updates. The RHNA for each city and county is a projection of additional housing units needed to accommodate existing households and projected household growth of all income levels by the end of the housing element planning period. RHNAs establish minimum housing development capacity that cities and counties are to make available via their land use powers to accommodate growth within a planning period. RHNAs are assigned by four income categories as guideposts for each community to develop a mix of housing types for all economic segments of the population.
As part of the housing element, most local governments are required to submit an annual report to HCD detailing progress in meeting its share of RHNA and efforts to remove governmental constraints to maintaining, improving, or developing housing. Charter cities are not required to submit the annual report, although some do. Various state programs operated by HCD that provide funding for affordable housing require submission of both a housing element and the annual report to qualify for funding. A requirement since the late 1960s, critics argue the housing element planning process fails to result in housing production.
Streamline Housing Construction: This bill requires a city, including a charter city, county, or city and county, to annually submit a report to HCD that includes the number of net new units of housing that have been issued an entitlement, building permit, or a certificate of occupancy thus far in the housing element cycle, and the income category that each unit satisfies. Additionally, this bill creates a streamlined, ministerial approval process for infill developments in localities that have failed to meet their RHNA numbers, provided that the development is located on a site that is both an urban infill site and zoned for residential use or residential mixed-use, as specified.
The ministerial streamlined process contained in the bill would only occur in specified instances: (1) if the development proponent asks for streamlining; (2) if the locality did not submit its latest production report, or that report reflects fewer units of housing than what is in the RHNA cycle for that year, as specified; and (3) and that development meets a number of objective zoning standards and objective design review standards. The bill also specifies that a development cannot be on a site or lands that are any of the following: a coastal zone, prime farmland or farmland of statewide importance, wetlands, a hazardous waste site, a site identified for conservation in an adopted natural community conservation plan, occupied habitat for protected species, land under conservation easement, development in a very high fire hazard severity zone, delineated earthquake fault zone, flood plain or floodway.
The bill requires the city or county, if it determines that a development conflicts with any of the objective standards, to provide the proponent with written documentation of which standard or standards the development conflicts with, and an explanation for the reason or reasons the development conflicts, within specified time frames. If the city or county fails to provide the required documentation by the timeline established in the bill, the development is deemed to satisfy the standards under the bill.
Once a development is approved for streamlining, a market rate development with 10% or more affordable units would have three years to begin construction, with potential for a one year extension with proof that significant progress has been made toward construction. Affordable developments, where at least 50% of the units are affordable to lower income households, would not be subject to the same timeline limitations.
This bill also limits the amount of parking that a local government can require of a streamlined development. A local government cannot require more than one parking space per unit for streamlined developments. In addition, the bill would prohibit a local government from imposing any parking standard for streamlined projects that are within one-half mile of public transit, within an architecturally and historically significant district, where on-street parking permits are required but not offered to occupants of a development, or where there is a car share vehicle located within one block of the development. Subterranean parking can add significant cost to a development, and reductions where appropriate can help to offset the cost of affordable units in a development.
Requests for amendments: The author has taken numerous amendments throughout the legislative process. Below are additional amendments requested by various stakeholders:
- Inclusion of a safe harbor provision for low income communities where development is already “hot” and communities are already grappling with gentrification and displacement pressures.
- Inclusion of a higher affordable housing requirement above what is already required locally in exchange for projects awarded with state-imposed ministerial approval.
- Inclusion of a “use it or lose it” time limit on how long ministerial approval lasts before a developer must start building the project.
- Expediting entitlement and environmental review instead of the elimination of both.
- Include an effective date for the bill that is several years out.
- Inclusion of careful review to ensure critical life and fire safety issues are adequately addressed.
- Using the term “secured local entitlement approvals” in the requirements for a city or county to include in its production report, which then would become the trigger for streamlining, should a city or county not meet its share of the RHNA.
- Allowing streamlining on a property that has previously been subject to environmental review, and inclusion of public comment at the zoning or specific plan state of entitlement.
Issues of displacement and anti-demolition provisions: Some argue that streamlining production of market rate housing could result in displacement of existing low-income tenants as result of overall rent increases as neighborhoods become more desirable. To address these concerns, this bill was previously amended to include strong anti-demolition provisions that prohibit a development from qualifying for the streamlined, ministerial approval process if it would result in the demolition of housing that is subject to any form of rent control or restricted by a covenant, ordinance or law to moderate, low, and very-low income households. It further prohibits demolition of housing that has been occupied by any tenant with the past 10 years, regardless of income. The development cannot be on a site that was previously occupied by tenants and demolished within 10 years prior to the application for development. This prohibition addresses concerns that the streamlined process in this bill could incentivize developers to remove affordable rental units from the market such as removing rent-controlled units pursuant to Ellis Act.
In addition to these provisions the committee may wish to consider an amendment to require local governments to report the following in the housing element annual report: the number of developers that applied for streamlining, the location of developments approved, the number of developments issued building permits, and the number of units created in each income level. This information can be used to evaluate the potential impacts of the streamlined, ministerial approval process on communities and inform additional policies to address displacement.
Arguments in support: Supporters argue that the streamlined process created by SB 35 is necessary to increase state housing production to address the deficit in housing units. In addition, supporters argue that SB 35 is necessary to make the housing element a more meaningful tool that will result in local governments meeting their RNHA goals.
Arguments in opposition: Opponents argue that SB 35 undermines local land use decisions, circumvents environmental review, and could contribute to the displacement of low income tenants.
Committee Amendments:
- Add a reporting requirement to track the use of the streamlining, ministerial process.
- Clarify that HCD shall determine if localities are subject to streamlining half way through the RNHA cycle and at the end of the cycle, rather than every four years.
- Clarify the definition of "objective zoning standards" and "objective design review standards."
- Allow HCD to adopt guidelines without review by the Office of Administrative Law to implement changes the bill makes to the housing element annual report.
- Clarify how this bill interacts with alternative by-right proposals adopted by a local government, including those required under housing element law.
- Make the following changes to the labor provisions of the bill:
- Require to qualify for streamlining, if a development is a public work and triggers prevailing wage, than the entirety of the project, both the public and private work, is subject to prevailing wage.
- Require certified payrolls on all projects subject to streamlining.
- Allow for a civil action to enforce the requirement to pay prevailing wage on a project that applies for streamlining but is not in its entirety a public work.
- Require developers to certify on a project larger than an unspecified size that is not 100% affordable that a skilled and trained workforce will complete the project.
- Require every contractor and subcontractor at every tier will individually use a skilled and trained workforce to complete a project.
- Require a developer to report on a monthly basis on compliance with the requirement to pay prevailing wage and hire skilled and trade labor. Adds financial penalties for lack of compliance with this provision.
- Technical and clarifying amendments.
Double referred: This bill is double referred. It was heard in the Assembly Committee on Local Government and passed out on a vote of 6-2.
REGISTERED SUPPORT / OPPOSITION:
Support
Abundant Housing LA
American Planning Association, California Chapter (if amended)
Apartment Association of Greater Los Angeles
Bay Area Council (if amended)
Bridge Housing
California Apartment Association
California Asian Pacific Islander Chamber of Commerce
California Council for Affordable Housing
California Association of Realtors
California Building Industry Association (if amended)
California League of Conservation Voters
California Renters Legal Advocacy & Education Fund
California Rural Legal Assistance Foundation (if amended)
California State Council of Laborers
Council of Infill Builders (if amended)
East Bay Forward
Facebook
Grow the Richmond
Housing California (if amended)
League of California Community Foundations
Local Government Commission
Los Angeles Area Chamber of Commerce
Mayor Libby Schaaf, City of Oakland
Mayor Edwin M. Lee, City & County of San Francisco
Mercy Housing California
Mission Housing Development Corporation
Napa County Board of Supervisors
Natural Resources Defense Council (if amended)
Non-Profit Housing Association of Northern California
Progress Noe Valley
Public Advocates (if amended)
San Francisco Chamber of Commerce
San Francisco Housing Action Coalition
San Francisco YIMBY Party
Santa Barbara Rental Property Association
Silicon Valley Community Foundation
Silicon Valley Leadership Group
SPUR
State Building and Construction Trades Council
SV@Home
U.S. Green Building Council
Western Center on Law & Poverty (if amended)
YIMBY Action
Opposition
Affordable Housing Alliance
AIDS Housing AllianceSF
Alliance for Community Transit – LA
Alliance of Californians for Community Empowerment (ACCE) Action
American Federation of Teachers Local 2121
Anti-Eviction Mapping Project
Asian Pacific Environmental Network
California Professional Firefighters
Causa Justa::Just Cause
Chinatown Community Development Center
City of Citrus Heights
City of Fremont
City of Roseville
City of Thousand Oaks
City of Vallejo
Coalition for San Francisco Neighborhoods
Council of Community Housing Organizations
Courage Campaign
Dolores Street Community Services
Eastern Neighborhoods United Front
Esperanza Community Housing Corporation
Faith in Action Bay Area
Faithful Fools Street Ministry
Homeownership San Francisco
Hospitality House
Housing Rights Committee
Housing Rights Committee of San Francisco
Jobs with Justice
Koreatown Immigrant Workers Alliance (KIWA)
LA Forward
La Raza Centro Legal
LA Voice
League of California Cities
Little Tokyo Service Center
Long Beach Residents Empowered (LiBRE)
Manilatown Heritage Foundation
Mission Economic Development Agency
Pacific Advocacy Group
People Organizing to Demand Environmental and Economic Rights (PODER)
Sacred Heart Community Service
SAJE
San Francisco Day Labor Program and Women's Collective
San Francisco Information Clearinghouse
San Francisco Latino Democratic Club
San Francisco Tenants Union
Santa Monicans for Renters' Rights (SMRR)
Senior & Disability Action
SF Tenants Union
South of Market Community Action Network
Sunset-Parkside Education and Action Committee, San Francisco
Swords to Plowshares
Tenants Together
T.R.U.S.T. South LA
Unite HERE Local 2
United Educators of San Francisco
Urban Habitat
Veterans Equity Center
Individuals - 2
Analysis Prepared by: Lisa Engel / H. & C.D. / (916) 319-2085
Date of Hearing: June 28, 2017
ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT
Cecilia Aguiar-Curry, Chair
SBPCA Bill Id:SB 35
Author:(Wiener) – As Amended Ver:June 20, 2017
SENATE VOTE: 25-12
SUBJECT: Planning and zoning: affordable housing: streamlined approval process.
SUMMARY: Establishes a streamlined, ministerial review process for certain multifamily affordable housing projects that are proposed in local jurisdictions that have not met regional housing needs. Specifically, this bill:
- Requires the following additional information to be included in the annual report provided by the planning agency after adoption of the general plan to the legislative body, the Office of Planning and Research (OPR), and the Department of Housing and Community Development (HCD):
- The number of net new units of housing, including both rental housing and housing designated for home ownership, that have been issued an entitlement, a building permit, or a certificate of occupancy, thus far in the housing element cycle, and the income category, by area median income category, that each unit of housing, including both rental housing and housing designated for home ownership, satisfies. Requires the report to, for each income category as specified, distinguish between the number of rental housing units that satisfy each income category and the number of units that are housing designated for home ownership that satisfy each income category. Requires the report to include, for each entitlement, building permit, or certificate of occupancy, a unique site identifier, such as street address, ZIP code, or assessor’s parcel number.
- Requires HCD to post the annual progress report on its Internet Web site within a reasonable time of receiving the report.
- Allows a development proponent to submit an application for a development that is subject to the streamlined, ministerial approval process pursuant to 4), below, and not subject to a conditional use permit if the development satisfies all of the following objective planning standards:
- The development is a multifamily housing development that contains two or more residential units;
- The development is located on a site that satisfies both of the following:
- As an urban infill site, as specified; and,
- Is a site zoned for residential use or residential mixed-use development with at least two-thirds of the square footage designated for residential use;
- If the development contains units that are subsidized, the development proponent already has recorded, or is required by law to record, a land use restriction for the following applicable minimum durations:
- 55 years for units that are rented; or,
- 45 years for units that are owned;
- The development, excluding any additional density or any other concessions, incentives, or waivers of development standards granted pursuant to Density Bonus Law, satisfies both of the following:
- Is located in a locality that HCD has determined, based on the last production report submitted by the locality to HCD, is eligible on the basis that the number of units that have been issued building permits is less than the locality’s share of the regional housing needs, by income category, for that reporting period. Specifies that a locality shall remain eligible for four years after the date that HCD has determined the locality was eligible, and, at that date, HCD shall determine, based on the last production report, whether the locality is eligible for another four-year period based on the basis described above. Provides that a locality is deemed eligible if it has not submitted an annual housing element report to HCD for at least two consecutive years before the development submitted an application for approval;
- The development is subject to a requirement mandating a minimum percentage of below market rate housing based on either of the following:
- The locality did not submit its latest production report to HCD by the time period required, or that report reflects that there were fewer units of above moderate-income housing approved than were required for the regional housing needs assessment cycle for that year. Requires, if the project contains more than 10 units of housing, the project seeking approval to dedicate a minimum of 10% of the total number of units to housing affordable to households making below 80% of the area median income, including at least 5 % of the total number of units affordable to households making below 50% of the area median income. Provides that if a locality has adopted a local ordinance that required that greater than 10% of the units be dedicated to housing affordable to households making below 80% of the area median income, then that zoning ordinance applies; or,
- The locality did not submit its latest production report to HCD by the time period required, or that report reflects 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 year, and the project seeking approval dedicates 50% of the total number of units to housing affordable to households making below 80% of the area median income, unless the locality has adopted a local ordinance that requires that greater than 50% of the units be dedicated to housing affordable to households making below 80% of the area median income, in which case that ordinance applies.
- The development is consistent with objective zoning standards, including Density Bonus Law, and objective design review standards in effect at the time that the development is submitted to the local government. Defines “objective zoning standards” and “objective design review standards” to mean standards that involve no personal or subjective judgment by a public official.
- The development is not located on a site that is any of the following:
- A coast zone, as specified;
- Either prime farmland or farmland of statewide importance, as defined pursuant to United States Department of Agriculture land inventory and monitoring criteria, as modified for California, and designated on the maps prepared by the Farmland Mapping and Monitoring Program of the Department of Conservation, or land zoned or designated for agricultural protection or preservation by a local ballot measure that was approved by the voters of that jurisdiction;
- Wetlands, as defined in the United States Fish and Wildlife Service Manual;
- Within a very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection, as specified, or within a high or very high fire hazard severity zone as indicated on maps adopted by the Department of Forestry and Fire Protection, as specified. Specifies that this does not apply to sites excluded from the specified hazard zones by a local agency, as specified, or sites that have adopted sufficient fire hazard mitigation measures as may be determined by their local agency with land use authority;
- A hazardous waste site that is listed pursuant to existing law or a hazardous waste site designated by the Department of Toxic Substances Control, unless the Department has cleared the site for residential use or residential mixed uses;
- Within a delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission, as specified, and by any local building department, as specified;
- Within 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, as specified;
- Within a floodway as determined by maps promulgated by FEMA, unless the development has received a no-rise certification in accordance with existing law;
- Lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act, habitat conservation plan pursuant to the federal Endangered Specials Act of 1973, or other adopted natural resource protection plan;
- Occupied habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected specifies, or species protected by the federal Endangered Species Act of 1973, the California Endangered Species Act, or the Native Plan Protection Act, as specified; or,
- Lands under conservation easement.
- The development is not located on a site where any of the following apply:
- The development would require the demolition of housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income, housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power, or housing that has been occupied by tenants within the past 10 years;
- The site was previously used for housing that was occupied by tenants that was demolished within 10 years before the development proponents submits an application; or,
- The development would require the demolition of a historic structure that was placed on a national, state, or local historic register.
- The development proponent has certified that one of the following is true:
- The project is a public work for purposes of Chapter 1 of Part 7 of Division 2 of the Labor Code; or,
- If the project is not a public work, that all construction workers employed in the execution of the project will be paid at least the general prevailing rate of per diem wages for the type of work and geographic area, as determined by the Director of Industrial Relations, as specified. If the development is subject to these provisions, then all of the following shall apply:
- The development proponent shall ensure that the prevailing wage requirement is included in all contracts for the performance of the work;
- Contractors and subcontractors shall pay to all construction workers employed in the execution of the work at least the general prevailing rate of per diem wages;
- Except as provided in 4), below, the obligation of the contractors and subcontractors to pay prevailing wages may be enforced by the Labor Commissioner through the issuance of a civil wage and penalty assessment, which may be reviewed as specified within 18 months after the completion of the project, or by an underpaid worker through an administrative complaint or civil action. Provides that if a civil wage and penalty assessment is issued, the contractor, subcontractor and surety on a bond or bonds issued to secure the payment of wages covered by the assessment shall be liable for liquidated damages, as specified;
- Provides that 3), above, shall not apply if all contractors and subcontractors performing work on the project are subject to a project labor agreement that requires the payment of prevailing waters to all construction workers employed in the execution of the project and provides for enforcement of that obligation through an arbitration procedure.
- The requirement that employer payments not reduce the obligation to pay the hourly straight time or overtime wages found to be prevailing shall not apply if otherwise proved in a bona fide collective bargaining agreement to cover the worker, as specified;
- For developments that are not 100 % subsidized affordable housing and are larger than ____ (unspecified) units, that a skilled and trained workforce shall be used to complete the project, as specified.
- The development shall not be upon an existing parcel of land or site that is governed under the Mobilehome Residency Law, the Recreational Vehicle Park Occupancy Law, the Mobilehome Parks Act, or the Special Occupancy Parks Act, as specified.
- Specifies, if a local government determines that a development submitted pursuant to the bill’s provisions is in conflict with any of the objective planning standards listed in 3), above, that it shall provide the development proponent written documentation of which standard or standards the development conflicts with, and an explanation for the reason or reasons the development conflicts with that standard or standards, as follows:
- Within 60 days of submittal of the development to the local government if the development contains 150 or fewer housing units; or,
- Within 90 days of submittal of the development to the local government if the development contains more than 150 housing units.
- Provides that the development shall be deemed to satisfy the objective planning standards listed in 3), above, if the local government fails to provide the required documentation pursuant to 4), above.
- Provides that any design review or public oversight of the development may be conducted by the local government’s planning commission or any equivalent board or commission responsible for review and approval of development projects, or the city council or board of supervisors, as appropriate. Requires that design review or public oversight to be objective and be strictly focused on assessing compliance with criteria required for streamlined projects, as well as any reasonable objective design standards published and adopted by ordinance or resolution by a local jurisdiction before submission of a development application, and shall be broadly applicable to development within the jurisdiction. Provides that design review or public oversight shall be completed as follows and shall not in any way inhibit, chill, or preclude the ministerial approval provided by this section or its effect, as applicable:
- Within 90 days of submittal of the development to the local government if the development contains 150 or fewer housing units;
- Within 180 days of submittal of the development to the local government if the development contains more than 150 housing units.
- Prohibits a local government, whether or not it has adopted an ordinance governing parking requirements in multifamily developments, from imposing parking standards for a streamlined development that was approved in any of the following instances:
- The development is located within one-half mile of public transit;
- The development is located within an architecturally and historically significant historic district;
- When on-street parking permits are required but not offered to the occupants of the development; of,
- When there is a car share vehicle located within one block of the development.
- Provides, if the development does not fall within any of the categories described in 7), above, the local government shall not impose parking requirements for streamlined developments approved that exceed one parking space per unit.
- Provides that if a local government approves a development then that approval shall not expire if the project includes public investment in housing affordability, beyond tax credits, where 50% of the units are affordable to households making below 80% of the area median income.
- Provides that if a local government approves a development and the project does not include 50% of the units affordable to households making below 90% of the area median income, that approval shall automatically expire after three years except that a project may receive a one-time, one-year extension if the project proponent can provide documentation that there has been significant progress toward getting the development construction ready, such as filing a building permit application.
- Prohibits a local government from adopting any requirement, including, but not limited to, increased fees or inclusionary housing requirements, that applies to a project solely or partially on the basis that the project is eligible to receive ministerial or streamlined approval.
- Defines the following terms:
- “Development proponent” to mean the developer who submits an application for streamlined approval;
- “Production report” means the information reported pursuant to existing law requiring the planning agency to provide an annual report on the progress of the housing element; and,
- “Subsidized” to mean units that are price or rent restricted such that the units are permanently affordable to households meeting the definitions of very low and lower income, as defined.
- Updates findings and declarations that specifically list the reforms and incentives to facilitate and expedite construction of affordable housing to include that that these reforms also facilitate and expedite the approval of affordable housing. Adds streamlining housing approvals during a housing shortage to the list.
- Finds and declares that ensuring access to affordable housing is a matter of statewide concern, and not a municipal affair, and therefore is applicable to a charter city, charter county, and a charter city and county.
- Declares that each provision of this measure is a material and integral part of this measure, and the provisions of this measure are not severable. Provides that if any provision of this measure or its application is held invalid, then this entire measure shall be null and void.
- Provides that no reimbursement is required because a local agency or school district has the authority to levy service charges, fees, or assessment sufficient to pay for the program or level of service mandated by this act.
EXISTING LAW:
- Requires a local jurisdiction to give public notice of a hearing whenever a person applies for a zoning variance, special use permit, conditional use permit, zoning ordinance amendment, or general or specific plan amendment.
- Requires the board of zoning adjustment or zoning administrator to hear and decide applications for conditional uses or other permits when the zoning ordinance provides therefor and establishes criteria for determining those matters, and applications for variances from the terms of the zoning ordinance.
- Requires cities and counties, to prepare and adopt a general plan, including a housing element, to guide the future growth of a community. The housing element shall consist of an identification and analysis of existing and projected housing needs and a statement of goals, policy objectives, financial resources, and scheduled programs for the preservation, improvement, and development of housing.
- Requires the housing element to identify adequate sites for housing and to make adequate provision for the existing and projected needs of all economic segments of the community.
- Defines “infill site” to mean a site in an urbanized area that meets either of the folloiwng criteria:
- The site has not been previously developed for urban uses and both of the following apply:
- The site is immediately adjacent to parcels that are developed with qualified urban uses, or at least 75 percent of the perimeter of the site adjoins parcels that are developed with qualified urban uses, and the remaining 25 percent of the site adjoins parcels that have previously been developed for qualified urban uses; and,
- No parcel within the site has been created within the past 10 years unless the parcel was created as a result of the plan of a redevelopment agency.
- The site has not been previously developed for urban uses and both of the following apply:
(b) The site has been previously developed for qualified urban uses.
FISCAL EFFECT: Unknown. According to the Senate Appropriations Committee, an earlier version of the bill (April 4, 2017), would have the following fiscal effect:
- Annual staffing costs of approximately $400,000 to HCD to update regulations and provide technical assistance related to local agency annual progress reports, reviewing the reports, and posting those reports online, as well as additional staff time for review and analysis of regional housing needs assessment data. (General Fund)
- Unknown local costs to establish streamlined project review processes, make determinations and conduct expedited design reviews, and include additional information in annual progress reports. These costs are not state-reimbursable because local agencies have general authority to charge planning and permitting fees to cover their administrative expenses.
COMMENTS:
- 2016 By-Right Proposal and January 2017 Budget Summary. In May 2016, the Governor introduced trailer bill language designed to streamline approval processes by broadening eligibility for by-right, ministerial land use approvals for multifamily infill housing developments that include affordable housing. Specifically, that proposal applied to projects that were within a “transit priority area” (defined as within ½ a mile of a major transit stop) and had at least 10% of units reserved for low-income households or 5% of units reserved for very low-income households. It also applied to projects that are not in a “transit priority area,” in which at least 20% of the units are reserved for individuals making less than 80% of the area median income. A local government would not have been able to require a conditional use permit, planned unit development permit, or other discretionary local government review or approval for qualifying developments that include one of the affordable housing components noted above, provided they are consistent with objective general plan and zoning standards and are, where applicable, subject to mitigating measures to address potential environmental harm.
The Governor’s proposal sought to address California’s housing supply problem by expediting approval processes at the local level for predominately market rate housing developments. The proposal was met with opposition from labor, affordable housing advocates, local governments, and the environmental community, and was never introduced into a bill.
The Governor’s January 2017 Budget Summary included the following principles for housing:
The Administration is committed to working with the Legislature on the development of a legislative package to further address the state’s housing shortage and affordability pressures. Such a package should include additional reforms and any new funding should not rely on the General Fund. Because it is counterproductive to develop a new funding source for affordable housing under a system that increases time, risk, and cost, the Administration puts forth the following principles:
- Streamline Housing Construction — Reduce local barriers to limit delays and duplicative reviews, maximize the impact of all public investments, and temper rents through housing supply increases.
- Lower Per‑Unit Costs — Reduce permit and construction policies that drive up unit costs.
- Production Incentives — Those jurisdictions that meet or exceed housing goals, including affordable housing, should be rewarded with funding and other regulatory benefits. Those jurisdictions that do not build enough to increase production should be encouraged by tying housing construction to other infrastructure‑related investments.
- Accountability and Enforcement — Compliance with existing laws — such as the housing element — should be strengthened.
- No Impact to the General Fund — No new costs, or cost pressures, can be added to the state’s General Fund, if new funding commitments are to be considered.
- Any permanent source of funding should be connected to these other reforms.
- Bill Summary. This bill requires a city, including a charter city, county, or city and county, to annually submit a report to HCD that includes the number of net new units of housing that have been issued an entitlement, building permit, or a certificate of occupancy thus far in the housing element cycle, and the income category that each unit satisfies. Additionally, this bill creates a streamlined, ministerial approval process for infill developments in localities that have failed to meet their regional housing needs assessment (RHNA) numbers, provided that the development is located on a site that is both on an urban infill site and zoned for residential use or residential mixed-use, as specified.
The ministerial streamlining process contained in the bill would only occur in specified instances: (1) if the development proponent asks for streamlining; (2) if the locality did not submit its latest production report, or that report reflects fewer units of housing required for the RHNA cycle for that year, as specified; (3) and that development meets a number of objective zoning standards and objective design review standards. The bill also specifies that a development cannot be on a site or lands that are any of the following: a coastal zone, prime farmland or farmland of statewide importance, wetlands, a hazardous waste site, a site identified for conservation in an adopted natural community conservation plan, occupied habitat for protected species, land under conservation easement, development in a very high fire hazard severity zone, delineated earthquake fault zone, flood plain or floodway.
The bill requires the city or county, if it determines that a development conflicts with any of the standards, to provide the proponent with written documentation of which standard or standards the development conflicts with, and an explanation for the reason or reasons the development conflicts, within specified time frames. If the city or county fails to provide the required documentation by the timeline established in the bill, the development is deemed to satisfy the standards under the bill. The bill is an author-sponsored measure.
- Author’s Statement. According to the author, “For decades, California has failed to create enough housing, at all income levels, for our growing population. We have placed endless barriers in the way of new housing. According to the Legislative Analyst, California needs to produce approximately 180,000 units of housing per year to keep up with population growth – right now, we produce less than half that amount. The extreme cost of housing in many parts of California is harming our economy, our environment, and the health and quality of life of far too many people. When we don't have enough housing, low income and middle income residents are hit the hardest, with increased evictions and an inability to find suitable housing. While there are various reasons for this shortage, including zoning restrictions, one aspect of the problem is the significant length of time it takes to approve housing even if the project is entirely within zoning. It should not take years to approve a zoning-compliant housing development.
“SB 35 will result in more housing at all income levels, good-paying jobs to build that housing, and more accountability in creating the new homes our residents so badly need. Under SB 35, if cities aren’t on track to meet their RHNA goals, then approval of zoning-compliant projects will be streamlined, if they meet objective zoning, affordability, and environmental criteria, and if the projects meet rigorous labor standards dependent on the size of the project. Under SB 35, all cities and counties are required to submit their progress on housing production to the California Department of Housing and Community Development, and HCD is required to make that data easily available to the public. Indeed, many cities aren’t even required to report their progress to the state under current law, and the state doesn’t do a great job reporting out statewide RHNA progress.
“In combination with other bills pending in the Legislature - particularly affordable housing funding bills and bills to require better compliance with Housing Element requirements - SB 35 will help create more housing for people of all income levels. It deserves our support.”
- Policy Considerations. The Committee may wish to consider the following:
- No Environmental Review. Opponents of the bill notes that the streamlining process contained in the bill will bypass environmental review, potentially leading to increases in air and water pollution, and preventing people from having access to information about negative impacts to their health. Sierra Club California notes that “numerous exemptions from CEQA existing for housing projects...these include efforts to provide a truncated process for development in transit priority areas, efforts to allow for projects to tier onto higher level planning documents, and exemptions for affordable and infill development.” Additionally, Sierra Club California notes that CEQA requires projects to disclose their environmental impacts and mitigate those impacts, which results in a public process so that people can debate projects and make sure that developers improve them or bear the costs of the burdens they place on communities.
- Link to RHNA. The premise behind the streamlining process in the bill links to lack of housing production at the local level, which is measured on an annual basis in the bill. Opponents point to the fact that the RHNA process is an eight-year cycle, not one-year, and that while local jurisdictions can facilitate and incentivize development, they do not control housing construction or economic market conditions.
The Committee may wish to consider whether it makes more sense to measure the “progress” in meeting RHNA for each jurisdiction halfway through the RHNA cycle, and at the end of each RHNA cycle, rather than on annual basis. Additionally, the Committee may wish to consider how this bill impacts current RHNA cycles, and whether jurisdictions should be penalized for prior year actions on housing development approvals if the bill is signed into law.
- Amendments Proposed by Opposition. Many groups in opposition have proposed amendments to the bill since the bill’s introduction. These include, but are not limited to, the following suggestions:
- Inclusion of a safe harbor provision for low income communities where development is already “hot” and communities are already grappling with gentrification and displacement pressures.
- Inclusion of a higher affordable housing requirement above what is already required locally in exchange for projects awarded with state-imposed by right approval.
- Inclusion of a “use it or lose it” time limit on how long by-right approval lasts before a development must start building the project.
- Expediting entitlement and environmental review instead of the elimination of both.
- Include an effective date for the bill that is several years out.
- Inclusion of careful review to ensure critical life and fire safety issues are adequately addressed.
- Using the term “secured local entitlement approvals” in the requirements for a city or county to include in its production report, which then would become the trigger for streamlining, should a city or county not meet its share of the RHNA.
- Allowing streamlining on a property that has previously been subject to environmental review, and inclusion of public comment at the zoning or specific plan state of entitlement.
- Amendments Proposed by Opposition. Many groups in opposition have proposed amendments to the bill since the bill’s introduction. These include, but are not limited to, the following suggestions:
- Committee Amendments. To address the RHNA issue above, the Committee may wish to ask the author to take amendments that would ensure that the production report is not reviewed on an annual basis by HCD to determine whether a jurisdiction meets the triggers of the streamlining, and instead on a 4-year basis (halfway through the RHNA cycle, and again at the end of the RHNA cycle).
- Arguments in Support. Supporters argue that this bill creates a responsible streamlining process that differentiates the production shortages among varying levels of households income, and that the bill balances local control with residents’ housing needs, thus bolstering the economic livelihood of all Californians.
- Arguments in Opposition. Opponents believe that the bill ignores the significant barrier and disincentives that constrain the production of housing, such as economic market conditions, lack of funding or subsidies, and challenges for developers, while also subverting the local autonomy and the public hearing process.
- Double-referral. This bill is double-referred to the Housing and Community Development Committee.
REGISTERED SUPPORT / OPPOSITION:
Support
Abundant Housing LA
American Planning Association, California Chapter (if amended)
Apartment Association of Greater Los Angeles
Bay Area Council (if amended)
Bridge Housing
California Apartment Association
California Asian Pacific Islander Chamber of Commerce
California Council for Affordable Housing
California Association of Realtors
California League of Conservation Voters (if amended)
California Renters Legal Advocacy & Education Fund
California Rural Legal Assistance Foundation (if amended)
Council of Infill Builders (if amended)
East Bay Forward
Grow the Richmond
Housing California (if amended)
League of California Community Foundations
Local Government Commission
Mercy Housing
Mission Housing Development Corporation
Los Angeles Chamber of Commerce
Napa County Board of Supervisors
Natural Resources Defense Council (if amended)
Progress Noe Valley
Public Advocates (if amended)
San Francisco Chamber of Commerce
San Francisco Housing Action Coalition
San Francisco YIMBY Party
Santa Barbara Rental Property Association
Silicon Valley Community Foundation
Silicon Valley Leadership Group
SPUR
State Building and Construction Trades Council
SV@Home
U.S. Green Building Council
Western Center on Law & Poverty (if amended)
YIMBY Action
Opposition
Council of Community Housing Organizations (unless amended)
County of Los Angeles (unless amended)
California Professional Firefighters
Cities of Glendale, Murrieta, Pasadena, San Marcos, Santa Rosa, Vallejo
League of California Cities
Little Tokyo Service Center (unless amended)
San Francisco Latino Democratic Club (unless amended)
Senior & Disability Action (unless amended)
Sierra Club California
Tenants Together (unless amended)
Analysis Prepared by: Debbie Michel / L. GOV. / (916) 319-3958
SENATE COMMITTEE ON GOVERNANCE AND FINANCE
Senator , Chair
2017 - 2018 Regular
Bill No: | SB 35 | Hearing Date: | 4/26/17 |
Author: | Wiener | Tax Levy: | No |
Version: | 4/4/17 | Fiscal: | Yes |
Consultant: | Favorini-Csorba | ||
Planning and Zoning: affordable housing: streamline
Establishes a ministerial approval process for developments that meet certain conditions.
Background
Land use planning and permitting. The California Constitution allows a city to "make and enforce within its limits, all local, police, sanitary and other ordinances and regulations not in conflict with general laws." It is from this fundamental power (commonly called the police power) that local governments derive their authority to regulate behavior to preserve the health, safety, and welfare of the public—including land use authority.
The Planning and Zoning Law requires every county and city to adopt a general plan that sets out planned uses for all of the area covered by the plan. A general plan must include seven mandatory elements, including a housing element that establishes the locations and densities of housing, among other requirements. Cities’ and counties’ major land use decisions—including most zoning ordinances and other aspects of development permitting—must be consistent with their general plans. In this way, the general plan is a blueprint for future development.
The Planning and Zoning Law also establishes a planning agency in each city and county, which may be a separate planning commission, administrative body, or the legislative body of the city or county itself. Public notice must be given at least 10 days in advance of hearings where most permitting decisions will be made. The law also allows residents to appeal permitting decisions and other actions to either a board of appeals or the legislative body of the city or county. Cities and counties may adopt ordinances governing the appeals process, which can entail appeals of decisions by planning officials to the planning commission and the city council or county board of supervisors.
Local governments use their police power to enact zoning ordinances that shape development, including setting maximum densities for housing units, minimum numbers of required parking spaces, and setbacks to preserve privacy. These ordinances can also include conditions on development to address aesthetics, community impacts, or other particular site-specific considerations.
Some local ordinances provide “ministerial” processes for approving projects that are permitted “by right”—the zoning ordinance clearly states that a particular use is allowable, and local government does not have any discretion regarding approval of the permit if the application is complete. Local governments have two options for providing landowners with relief from zoning ordinances that might otherwise prohibit or restrict a particular land use: variances and conditional use permits. A variance may be granted to alleviate a unique hardship on a property owner because of the way a generally-applicable zoning ordinance affects a particular parcel, and a conditional use permit allows a land use that is not authorized by right in a zoning ordinance, but may be authorized if the property owner takes certain steps, such as to mitigate the potential impacts of the land use. Both of these processes require hearings by the local zoning board and public notice.
Some housing projects can be permitted by city or county planning staff ministerially or without further approval from elected officials. Projects reviewed ministerially require only an administrative review designed to ensure they are consistent with existing general plan and zoning rules, as well as meet standards for building quality, health, and safety. Most large housing projects are not allowed ministerial review. Instead, these projects are vetted through both public hearings and administrative review, including design review and appeals processes. Most housing projects that require discretionary review and approval are subject to California Environmental Quality Act (CEQA) review, while projects permitted ministerially are not.
State law also specifies timelines for approvals of development projects. Specifically, the 1977 Permit Streamlining Act requires public agencies to act fairly and promptly on applications for development permits, including new housing. If they don’t, the project is deemed approved. Under the act, public agencies must compile lists of information that applicants must provide and explain the criteria they will use to review permit applications. Public agencies have 30 days to determine whether applications for development projects are complete; failure to act results in an application being "deemed complete." However, local governments may continue to request additional information, potentially extending the time before the application is considered complete, which is the trigger for the approval timeline to commence. This has led to the Permit Streamlining Act to be characterized as a “paper tiger” that rarely results in accelerated development approvals.
Housing Law. A city or county’s housing element must identify adequate sites for housing at all income levels—very low, low, moderate, and above moderate income—and must include rental housing, factory-built housing, mobile homes, and emergency shelters. Each local jurisdiction must also ensure that its housing element makes enough sites available to accommodate its share of the regional housing need assessment (RHNA), which is an estimate for various regions in the state that is developed by the Department of Finance and the Department of Housing and Community Development (HCD) and further allocated amongst individual local jurisdictions. The housing element of a general plan must generally be updated every eight years, and the local government must identify an adequate number of sites throughout its entire planning period. Every city and county must submit a report to HCD and the Office of Planning and Research annually on its implementation and progress towards meeting its RHNA amount and removing governmental obstacles to housing development.
Other housing law aims to require local governments to approve some new housing. Current law, known as “No Net Loss,” also prohibits a local jurisdiction from reducing or permitting the reduction of the residential density or allowing development at a lower residential density for any parcel unless the local jurisdiction makes certain written findings. In addition, the Housing Accountability Act limits the ability of local governments to reject or render infeasible housing developments based on their density without a thorough analysis of the economic, social, and environmental effects of the action. Specifically, when a proposed development complies with objective general plan and zoning standards, including design review standards, a local agency that intends to disapprove the project, or approve it on the condition that it be developed at a lower density, must make written findings based on substantial evidence that the project would have a specific, adverse impact on the public health or safety and that there are no feasible methods to mitigate or avoid those impacts other than disapproval of the project.
California’s Housing Challenges. California faces a severe housing shortage. In its most recent statewide housing assessment, HCD estimated that California needs to build an additional 100,000 units per year over recent averages of 80,000 units per year to meet the projected need for housing in the state. A variety of causes have contributed to the lack of housing production. Recent reports by the Legislative Analyst’s Office (LAO) and others point to local approval processes as a major factor. They argue that local governments control most of the decisions about where, when, and how to build new housing, and those governments are quick to respond to vocal community members that may not want new neighbors. The building industry also points to CEQA review, and housing advocates note a lack of a dedicated source of funds for affordable housing.
The Governor’s 2016 “by-right proposal.” In May 2016, the Governor introduced trailer bill language designed to streamline approval processes by broadening eligibility for by-right, ministerial land use approvals for multifamily infill housing developments that include affordable housing. Specifically, that proposal applied to projects that were within a “transit priority area” (defined as within ½ a mile of a major transit stop) and had at least 10% of units reserved for low-income households or 5% of units reserved for very low-income households. It also applied to projects that are not in a “transit priority area,” in which at least 20% of the units are reserved for individuals making less than 80% of the area median income. A local government would not have been able to require a conditional use permit, planned unit development permit, or other discretionary local government review or approval for qualifying developments that include one of the affordable housing components noted above, provided they are consistent with objective general plan and zoning standards and are, where applicable, subject to mitigating measures to address potential environmental harm.
The Governor’s proposal sought to address California’s housing supply problem by expediting approval processes at the local level for predominately market rate housing developments. The proposal was met with opposition from labor, affordable housing advocates, local governments, and the environmental community, and was never introduced into a bill.
Thus, although state laws have tried to address some barriers local governments have put up to constructing new housing, delays and costly conditions remain. Responding to these concerns, some legislators want to streamline the approval process for new development.
Proposed Law
Senate Bill 35 establishes a ministerial approval process for developments that meet certain conditions. Specifically, the bill provides that a development that meets its conditions shall be subject only to a specified ministerial approval process and shall not be subject to a conditional use permit.
Conditions. SB 35 includes a long list of conditions for developments using the streamlined process. To qualify, the development must be:
- A multifamily housing development that contains two or more residential units.
- Located in an urban infill site as defined in current law.
- On a site zoned for residential use or residential mixed use development with at least two-thirds of the square footage designated for residential use.
- Located in a locality that has approved fewer units of housing by income category than was required for the current RHNA cycle, or has not submitted an annual housing element report for at least two consecutive years.
- Consistent with objective zoning standards, including the Density Bonus Law in Section 65915, and objective design review standards in effect at the time that the development is submitted to the local government pursuant to this section. The bill defines “objective zoning standards” and “objective design review standards,” to mean standards that involve no personal or subjective judgment by a public official.
In addition, a development cannot be located on a site that is any of the following:
- A coastal zone.
- Either prime farmland or farmland of statewide importance.
- Wetlands.
- Within a very high fire hazard severity zone.
- A hazardous waste site, unless the Department of Toxic Substances Control has cleared the site for residential use or residential mixed uses.
- Within a delineated earthquake fault zone.
- Within a flood plain.
- Within a floodway.
- Identified for conservation in an adopted natural community conservation plan or other adopted natural resource protection plan.
- Habitat for protected species under state or federal laws.
- Lands under conservation easement.
- An existing parcel of land or site that is governed under the Mobilehome Residency Law, the Recreational Vehicle Park Occupancy Law, the Mobilehome Parks Act, or the Special Occupancy Parks Act.
The bill also requires the development proponent to certify either that (1) the project is a public work subject to prevailing wage requirements under the Labor Code, or (2) all construction workers employed in the execution of the project will be paid at least the general prevailing rate of per diem wages for the type of work and geographic area and that the prevailing wage requirement will be included in all contracts for the performance of the work, among other wage-related requirements.
SB 35 also imposes affordable housing requirements. Specifically, the development must be subject to a requirement mandating: (1) 10 percent of the total number of units to housing affordable to households making below 80 percent of the area median income if the locality has not built enough above-moderate income units to meet their RHNA requirement; or (2) 50 percent of the total number of units to housing affordable to households making below 80 percent of the area median income if the locality has not fewer units of housing affordable to households making below 80 percent of the area median income. If a city or county ordinance has greater inclusionary zoning requirements, those requirements apply.
Approval Process. If the locality determines that a development submitted pursuant to this bill is in conflict with any of the objective planning standards specified above, the locality must provide the development proponent with written documentation of which standard or standards the development conflicts with, and an explanation for the reason or reasons the development conflicts with that standard or standards, as follows:
- Within 60 days of submittal of the development to the local government if the development contains 150 or fewer housing units.
- Within 90 days of submittal of the development to the local government if the development contains more than 150 housing units.
If the locality fails to provide the required documentation according to the above timelines, the development is deemed to satisfy the objective planning standards as required under this bill.
SB 35 prohibits any design review of a qualified development from in any way inhibiting, chilling or precluding the ministerial approval, and it must be completed within 90 days of submittal of the development to the local government if the development contains 150 or fewer housing units or within 180 days of submittal of the development to the local government if the development contains more than 150 housing units. The design review must be objective and reflect reasonable objective design standards published and adopted by a local jurisdiction before submission of a development application, and must be broadly applicable to development within the jurisdiction. A development approved under the bill is not subject to any local or state minimum parking requirements.
Notwithstanding any other law, SB 35 caps parking standards for eligible developments at one parking space per unit and prohibits a local government from imposing parking standards for an eligible development in any of the following instances:
- The development is located within one-half mile of public transit.
- The development is located within an architecturally and historically significant historic district.
- When on-street parking permits are required but not offered to the occupants of the development.
- When there is a car share vehicle located within one block of the development.
An approval granted under SB 35 expires after three years, with a possible one year extension upon demonstration of progress towards construction, if the project does not contain a majority of affordable units.
Other Provisions. SB 35 requires the annual reports by cities and counties to HCD to also include the number of units of housing that have secured all approvals needed to qualify for a building permit, by income category. SB 35 also requires HCD to post these reports online in a reasonable amount of time. SB 35 provides that if any portion of the bill is held invalid, the entire bill is null and void.
State Revenue Impact
No estimate.
Comments
1. Purpose of the bill. According to the author, “For decades, California has failed to create enough housing, at all income levels, for our growing population. We have placed endless barriers in the way of new housing. According to the Legislative Analyst, California needs to produce approximately 180,000 units of housing per year to keep up with population growth – right now; we produce less than half that amount. The extreme cost of housing in many parts of California is harming our economy, our environment, and the health and quality of life of far too many people. When we don't have enough housing, low income and middle income residents are hit the hardest, with increased evictions and an inability to find suitable housing. While there are various reasons for this shortage, including zoning restrictions, one aspect of the problem is the significant length of time it takes to approve housing even if the project is entirely within zoning. It should not take years to approve a zoning-compliant housing development.
SB 35 will result in more housing at all income levels, good-paying jobs to build that housing, and more accountability in creating the new homes our residents so badly need. Under SB 35, if cities aren’t on track to meet their RHNA goals, then approval of zoning-compliant projects will be streamlined, if they meet objective zoning, affordability, and environmental criteria, and if the projects pay prevailing wage. Under SB 35, all cities and counties are required to submit their progress on housing production to the California Department of Housing and Community Development, and HCD is required to make that data easily available to the public. Indeed, many cities aren’t even required to report their progress to the state, and the state doesn’t do a great job reporting out statewide RHNA progress. In combination with other bills pending in the Legislature - particularly affordable housing funding bills and bills to require better compliance with Housing Element requirements - SB 35 will help create more housing for people of all income levels. It deserves our support.”
2. Home rule. Local governments must balance competing priorities when determining the conditions attached to housing developments. Cities must look at the potential impacts on the community that result from these units: impaired neighborhood character, spillover effects on nearby homes and businesses due to inadequate parking, increased traffic, and environmental impacts. Some local governments have adopted more involved processes for permitting housing developments to allow for consideration of these important factors. And local governments place conditions on many smaller projects that have little impact on the future of their community, such as neighborhood bars, event spaces, businesses, auto repair shops, grocery stores, and even churches. But SB 35 prevents local governments from placing the same types of conditions on large-scale housing developments by precluding condition by prohibiting conditional use permits for many developments. Without some discretion, elected local leaders will be unable to weigh the tradeoffs between the enhanced density that new housing may provide and any community problems it creates.
3. Yes minister. Ministerial review processes are typically reserved for simple, small scale development projects such as installing a fence or an appurtenant structure to an existing building that does not have widespread public impacts or high levels of community engagement. Ministerial review for large housing projects cuts out many key public review aspects of planning for development projects. A ministerially approved project avoids environmental review under CEQA because the local agency has no discretion to disapprove of the project. It also circumvents the notice of affected property owners and public hearings that is typically triggered by an application for conditional permits. Ministerial projects are not subject to appeal to the planning commission or city council; the only pathway for appeal is litigation. And ministerial actions are not subject to initiative or referendum. Some housing developers may find these conditions and the public process inconvenient or costly, but there may be other ways to limit their time and financial investments and provide more certainty in their processes, such as by modifying the Permit Streamlining Act to eliminate delays. There is precedent for this model: AB 57 (Quirk, 2015) imposed timelines for cell tower development applications that begin running once an application is submitted. This model retains all the elements associated with discretionary review but provides developers with greater certainty.
4. Sure, but will it work? Ministerial permitting eliminates numerous important levels of review. Since SB 35 requires ministerial review of projects that would otherwise be subject to additional conditions and levels of review, it instead imposes a lengthy and onerous list of conditions on developments before they may take advantage of the process. For example, the bill mandates prevailing wage requirements and very high proportions of affordable housing to be included in streamlined development projects. These requirements can significantly reduce the rate of return for builders, making projects unviable in all but the highest rent cities. It also significantly restricts the parts of the state where this bill applies, and fails to cover some of the cities where opposition to new housing is fiercest. This list of conditions could significantly limit the usefulness of this tool.
5. Mandate. The California Constitution generally requires the state to reimburse local agencies for their costs when the state imposes new programs or additional duties on them. According to the Legislative Counsel’s Office, SB 35 creates a new state-mandated local program due to the streamlined approval process and new reporting requirement. But this bill disclaims the state's responsibility for reimbursing local agencies by including findings and declarations that local agencies may levy fees to cover the costs of the program.
6. Charter cities. The California Constitution allows cities that adopt charters to control their own "municipal affairs." In all other matters, charter cities must follow the general, statewide laws. Because the Constitution doesn't define "municipal affairs," the courts determine whether a topic is a municipal affair or whether it's an issue of statewide concern. SB 35 says that its statutory provisions apply to charter cities. To support this assertion, the bill includes a legislative finding and declaration that ensuring access to affordable housing is a matter of statewide concern.
7. Incoming! The Senate Transportation and Housing Committee approved SB 35 by a vote of 7-3 on March 7th, 2017. The Committee is hearing the bill as the committee of second reference.
Support and Opposition
(4/21/17)
Support: Abundant Housing LA; BRIDGE Housing; California Council for Affordable Housing; California Renters Legal Advocacy and Education Fund; Council of Infill Builders; County of Napa; East Bay Forward; Grow the Richmond; Local Government Commission; Los Angeles Chamber of Commerce; Mission Housing Development Corporation; Mercy Housing; Non-Profit Housing Association of Northern California; Progress Noe Valley; San Francisco Chamber of Commerce; San Francisco Housing Action Coalition; San Francisco YIMBY Party; Silicon Valley Leadership Group; YIMBY Action.
Opposition: California Fire Chiefs Association; California State Association of Electrical Workers; California State Pipe Trades Council; City of Fullerton; City of Hayward; City of Hisperia; City of Indian Wells; City of Laguna Beach; City of Laguna Hills; City of Lakewood; City of Mirada; City of Murrieta; City of Pasadena; City of Pismo Beach; City of Rancho Cucomunga; City of San Marcos; City of Santa Rosa; Coalition of California Utility Employees; Construction Employers’ Association; Council of Community Housing Organizations; County of Los Angeles; Fire Districts Association of California; IBEW Local 1245; IBEW Local 18; IBEW Local 465; IBEW Local 551; International Union of Elevator Constructors; Koreatown Immigrant Workers Alliance; League of California Cities; Marin County Council of Mayors and Councilmembers; Plumbers and Pipefitters Local 38; Plumbers and Steamfitters Local 230; Plumbers and Steamfitters Local 342; Plumbers and Steamfitters Local 398; Plumbers and Steamfitters Local 484; Public Counsel and Alliance for Community Transit Los Angeles; United Association of Plumbers and Pipefitters; Western States Council of Sheet Metal Workers.
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Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB |
THIRD READING
Bill No: SB 35
:
SENATE TRANS. & HOUSING COMMITTEE: 7-3, 3/7/17
AYES: Beall, Allen, Atkins, Roth, Skinner, Wieckowski, Wiener
NOES: Bates, Gaines, Morrell
NO VOTE RECORDED: Cannella, McGuire, Mendoza
SENATE GOVERNANCE & FIN. COMMITTEE: 4-2, 4/26/17
AYES: Beall, Hernandez, Hertzberg, Lara
NOES: McGuire, Moorlach
NO VOTE RECORDED: Nguyen
SENATE APPROPRIATIONS COMMITTEE: 5-2, 5/25/17
AYES: Lara, Beall, Bradford, Hill, Wiener
NOES: Bates, Nielsen
DIGEST:
This bill creates a streamlined, ministerial approval process for infill developments in localities that have failed to meet their regional housing needs assessment (RHNA) numbers.
Existing law:
- Requires a local jurisdiction to give public notice of a hearing whenever a person applies for a zoning variance, special use permit, conditional use permit, zoning ordinance amendment, or general or specific plan amendment.
- Requires the board of zoning adjustment or zoning administrator to hear and decide applications for conditional uses or other permits when the zoning ordinance provides therefor and establishes criteria for determining those matters, and applications for variances from the terms of the zoning ordinance.
- Requires cities and counties, to prepare and adopt a general plan, including a housing element, to guide the future growth of a community. The housing element shall consist of an identification and analysis of existing and projected housing needs and a statement of goals, policy objectives, financial resources, and scheduled programs for the preservation, improvement, and development of housing.
- Requires the housing element to identify adequate sites for housing and to make adequate provision for the existing and projected needs of all economic segments of the community.
This bill:
- Requires a city, including a charter city, county, or city and county, on or before April 1, 2018, and on or before April 1 each year thereafter, to submit a report to the Department of Housing and Community Development (HCD) that includes the number of net new units of housing that have been issued an entitlement, building permit, or a certificate of occupancy thus far in the housing element cycle, and the income category that each unit satisfies.
- Creates a streamlined, ministerial approval process for multifamily housing development that contains two or more residential units that meet the following criteria:
- The development is located on a site that is both on an urban infill site and zoned for residential use or residential mixed-use development, with at least two-thirds of the square footage for residential use.
- If the development contains units that are subsidized, units shall remain subsidized for 55 years if rented and 45 years if owned.
- The development, excluding any additional density or any other concessions, incentives, or waivers of development standards, satisfies both of the following:
- Is located in a locality that, according to its annual production report to HCD, is eligible for streamlining on the basis that the number of units issued building permits is less than the localities’ regional housing needs by income category for that reporting period.
- The development is subject to a requirement mandating a minimum percentage of below market-rate housing based on the following:
- The locality did not submit its latest production report to HCD or the report reflects that there were fewer units of above moderate -income housing than were required for the RHNA cycle for that year. If the project contains more than 10 units of housing, the project seeking approval dedicates a minimum of 10% of the total units to housing affordable to households making below 80% of the area median income (AMI), unless the locality has adopted a local inclusionary zoning ordinance that requires that greater than an 10% of the units must be dedicated to below market rate housing, in which case the inclusionary zoning ordinance applies.
- The locality did not submit its latest production report to HCD or that report reflects that there were fewer units of housing affordable to households making below 80% AMI issued building permits that was required for the regional housing needs cycle for that year, and the project seeking approval dedicates 50% of the total number of units to housing affordable to households making below 80% AMI, unless the locality has adopted a local inclusionary zoning ordinance that requires that greater than 50% of the units dedicated to below 80% AMI, in which case the inclusionary zoning ordinance applies.
- The development is consistent with objective zoning standards, including density bonus law, and objective design review standards in effect at the time that the development is submitted to the local government.
- The development is not located on a site or lands that are any of the following: a coastal zone, prime farmland or farmland of statewide importance, wetlands, a hazardous waste site, identified for conservation in an adopted natural community conservation plan, occupied habitat for protected species, or under conservation easement. The development shall also not be within a: very high fire hazard severity zone, delineated earthquake fault zone, flood plain, or floodway.
- The development is not located where any of the following apply:
- The development would require the demolition of housing subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate-, low- or very low-income, housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power within the past 10 years.
- The site was previously used for housing that was occupied by tenants that was demolished 10 years before the proposed development.
- The development would require the demolition of a historic structure.
- The development proponent has certified that either: 1) the project is a public work, or 2) if the project is not a public work, that all construction workers employed in the execution of the project will be paid at least the general prevailing wage.
- The development shall not be on an existing parcel of land or site that is governed under the Mobilehome Residency Law, the Recreational Vehicle Park Occupancy Law, the Mobilehome Parks Act or the Special Occupancy Parks Act.
3) Requires the locality, if it determines that a development submitted pursuant to this bill is in conflict with any of the objective planning standards specified above, to provide the development proponent with written documentation of which standard or standards the development conflicts with, and an explanation for the reason or reasons the development conflicts with that standard or standards within specified periods of time. If the locality fails to provide the required documentation according to the above timelines, the development shall be deemed to satisfy the objective planning standards as required under this bill.
4) Permits any design review or public oversight of the development to be conducted by the local government’s planning commission or any equivalent board or commission responsible for review and approval of development projects or the city council or board of supervisors, as appropriate. The design review or public oversight shall be completed within specified periods of time and shall not in any way inhibit, chill, or preclude ministerial approval. For developments that are not 100% subsidized affordable housing and are larger than an unspecified number of units, a skilled and trained workforce will be used to complete the project.
5) Prohibits a locality from imposing parking standards for a streamlined development in any of the following instances. If the development does not fall within the categories below, the locality shall not impose parking requirements that exceed one parking space per unit for streamlined developments.
- The development is located within one-half mile of public transit.
- The development is located within an architecturally and historically significant historic district.
- When on-street parking permits are required but not offered to the occupants of the development.
- When there is a car share vehicle located within one block of the development.
Background
- Housing approvals generally. Each community’s general plan must include a housing element, which outlines a long-term plan for meeting the community’s existing and projected housing needs. The housing element demonstrates how the community plans to accommodate its “fair share” of its region’s housing needs. To do so, each community establishes an inventory of sites designated for new housing that is sufficient to accommodate its fair share. Communities also identify regulatory barriers to housing development and propose strategies to address those barriers. State law requires cities and counties to update their housing elements every eight years. In addition, before building new housing, housing developers must obtain one or more permits from local planning departments and must also obtain approval from local planning commissions, city councils, or county board of supervisors. Some housing projects can be permitted by city or county planning staff ministerially or without further approval from elected officials. Projects reviewed ministerially require only an administrative review designed to ensure they are consistent with existing general plan and zoning rules, as well as meet standards for building quality, health, and safety. Most large housing projects are not allowed ministerial review. Instead, these projects are vetted through both public hearings and administrative review. Most housing projects that require discretionary review and approval are subject to California Environmental Quality Act review, while projects permitted ministerially generally are not.
- Creating streamlined approvals for infill projects. This bill creates a streamlined approval process for infill projects with two or more residential units in localities that have failed to produce sufficient housing to meet their RHNA numbers. The streamlined approval process requires some level of affordable housing to be included in the housing development.
To receive the streamlined process for housing developments, the developer must demonstrate that the development meets a number of requirements. Localities must provide written documentation to the developer if there is a failure to meet the specifications for streamlined approval, within specified periods of time. If the locality does not meet those deadlines, the development shall be deemed to satisfy the requirements for streamlined approval.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
According to the Senate Appropriations Committee:
- Annual staffing costs of approximately $400,000 to the HCD to update regulations and provide technical assistance related to local agency annual progress reports, reviewing the reports, and posting those reports online, as well as additional staff time for review and analysis of regional housing needs assessment data. (General Fund)
- Unknown local costs to establish streamlined project review processes, make determinations and conduct expedited design reviews, and include additional information in annual progress reports. These costs are not state-reimbursable because local agencies have general authority to charge planning and permitting fees to cover their administrative expenses.
Abundant Housing LA
Apartment Association of Greater Los Angeles
Bridge Housing
California Apartment Association
California Asian Chamber of Commerce
California Association of Realtors
California Council for Affordable Housing
California Renters Legal Advocacy and Education Fund
Council of Infill Builders
East Bay Forward
Grow the Richmond
Local Government Commission
Los Angeles Area Chamber of Commerce
Mayor Darrell Steinberg, City of Sacramento
Mercy Housing
Mission Housing Development Corporation
Napa County Board of Supervisors
Natural Resources Defense Council
Non-Profit Housing Association of Northern California
Progress Noe Valley
San Francisco Chamber of Commerce
San Francisco Housing Action Coalition
San Francisco Planning & Urban Research
San Francisco YIMBY Party
Santa Barbara Rental Property Association
Silicon Valley Community Foundation
Silicon Valley Leadership Group
State Building and Construction Trades Council
SV@Home
US Green Building Council
YIMBY Action
OPPOSITION: (Verified 5/26/17)
California State Pipe Trades Council
City of Santa Rosa
Coalition of California Utility Employees
California State Association of Electrical Workers
International Brotherhood of Electrical Workers – Local Union 18
International Brotherhood of Electrical Workers – Local Union 302
International Union of Elevator Constructors
Koreatown Immigrant Workers Alliance
League of California Cities
Marin County Council of Mayors and Councilmembers
Western States Council of Sheet Metal Workers
ARGUMENTS IN SUPPORT: According to the author, for decades, California has failed to create enough housing, at all income levels, for our growing population. California needs to produce approximately 180,000 units of housing per year to keep up with population growth – right now; we produce less than half that amount. The extreme cost of housing in many parts of California is harming our economy, our environment, and the health and quality of life of far too many people. When we don't have enough housing, low income and middle income residents are hit the hardest, with increased evictions and an inability to find suitable housing. This bill will result in more housing at all income levels, good-paying jobs to build that housing, and more accountability in creating the new homes our residents so badly need. If cities aren’t on track to meet their RHNA goals, then approval of zoning-compliant projects will be streamlined, if they meet objective zoning, affordability, and environmental criteria, and if the projects pay prevailing wage. In combination with other bills pending in the Legislature – particularly affordable housing funding bills – this bill will help create more housing for people of all income levels.
ARGUMENTS IN OPPOSITION: Several union groups, writing in opposition in mid-March to an older version of the bill, state that this bill does not seem to be about affordable housing, as it allows 90% of a development, no matter how large, to be composed of market rate housing or mixed-use. These groups would like to see the bill amended to address: the ability for the public to participate in the development approval process, a limit to the size of the projects, provide means to address environmental impacts, and address wages and contractor qualifications.
5/27/17 18:32:27
SENATE COMMITTEE ON
Senator Ricardo Lara, Chair
2017 - 2018 Regular Session
SB 35 (Wiener) - Planning and zoning: affordable housing: streamlined approval process
Version: | Policy Vote: |
Urgency: | Mandate: |
Hearing Date: | Consultant: |
This bill meets the criteria for referral to the Suspense File.
Bill Summary:
SB 35 would establish a streamlined, ministerial review process for certain multifamily affordable housing projects that are proposed in local jurisdictions that have not met regional housing needs, as specified.
Fiscal Impact:
- Annual staffing costs of approximately $400,000 to the Department of Housing and Community Development (HCD) to update regulations and provide technical assistance related to local agency annual progress reports, reviewing the reports, and posting those reports online, as well as additional staff time for review and analysis of regional housing needs assessment data. (General Fund)
- Unknown local costs to establish streamlined project review processes, make determinations and conduct expedited design reviews, and include additional information in annual progress reports. These costs are not state-reimbursable because local agencies have general authority to charge planning and permitting fees to cover their administrative expenses.
Background:
The Planning and Zoning Law requires every county and city to adopt a general plan that sets out planned uses for all of the area covered by the plan. A general plan must include seven mandatory elements, including a housing element that establishes the locations and densities of housing, among other requirements. Cities’ and counties’ major land use decisions—including most zoning ordinances and other aspects of development permitting—must be consistent with their general plans.
The Planning and Zoning Law also establishes a planning agency in each city and county, which may be a separate planning commission, administrative body, or the legislative body of the city or county itself. Public notice must be given at least 10 days in advance of hearings where most permitting decisions will be made. The law also allows residents to appeal permitting decisions and other actions to either a board of appeals or the legislative body of the city or county. Cities and counties may adopt ordinances governing the appeals process, which can entail appeals of decisions by planning officials to the planning commission and the city council or county board of supervisors.
A city or county’s housing element must identify adequate sites for housing at all income levels—very low, low, moderate, and above moderate income. Each local jurisdiction must also ensure that its housing element makes enough sites available to accommodate its share of the regional housing need assessment (RHNA), which is an estimate for various regions in the state that is developed by the Department of Finance and HCD and further allocated amongst individual local jurisdictions. The housing element of a general plan must generally be updated every eight years, and the local government must identify an adequate number of sites throughout its entire planning period. Every city and county must submit a report to HCD and the Governor’s Office of Planning and Research (OPR) annually on its implementation and progress towards meeting its RHNA amount and removing governmental obstacles to housing development.
Some local ordinances provide “ministerial” processes for approving projects that are permitted “by right”—the zoning ordinance clearly states that a particular use is allowable, and local government does not have any discretion regarding approval of the permit if the application is complete. Local governments have two options for providing landowners with relief from zoning ordinances that might otherwise prohibit or restrict a particular land use: variances and conditional use permits. A variance may be granted to alleviate a unique hardship on a property owner because of the way a generally-applicable zoning ordinance affects a particular parcel, and a conditional use permit allows a land use that is not authorized by right in a zoning ordinance, but may be authorized if the property owner takes certain steps, such as to mitigate the potential impacts of the land use. Both of these processes require hearings by the local zoning board and public notice.
Some housing projects can be permitted by city or county planning staff ministerially or without further approval from elected officials. Projects reviewed ministerially require only an administrative review designed to ensure they are consistent with existing general plan and zoning rules, as well as meet standards for building quality, health, and safety. Most large housing projects are not allowed ministerial review. Instead, these projects are vetted through both public hearings and administrative review, including design review and appeals processes. Most housing projects that require discretionary review and approval are subject to California Environmental Quality Act (CEQA) review, while projects permitted ministerially are not.
Proposed Law:
SB 35 would establish a streamlined, ministerial review process for multifamily infill affordable housing developments that meet certain conditions. Specifically, a local agency is prohibited from subjecting a project to a conditional use permit, and must complete a design review within 90 days for projects containing 150 or fewer units, or within 180 days for projects containing more than 150 units, if the development project meets all of the following standards:
- The development is a multifamily housing development that contains at least two residential units.
- The development is located on an infill site that is zoned for residential or residential mixed use development, as specified.
- The development must have recorded land use restrictions of 55 years for rental units, or 45 years for units that are owned, if the development contains subsidized units.
- The development satisfies both of the following:
- It is located in a local jurisdiction that has approved fewer units of housing by income category than was required for the current RHNA cycle, or has not submitted an annual housing element report to HCD for at least two consecutive years.
- The development is subject to a requirement mandating a minimum percentage of below market rate housing because the locality did not submit its latest production report to HCD, or the report reflects that specified RHNA targets were not achieved. If the targets were not achieved then either of the following applies:
- 10 percent of the total number of units to housing affordable to households making below 80 percent of the area median income if the locality has not built enough above-moderate income units.
- 50 percent of the total number of units to housing affordable to households making below 80 percent of the area median income if the locality has not fewer units of housing affordable to households making below 80 percent of the area median income.
- The development is consistent with specified objective zoning standards, including the Density Bonus Law, and specified objective design review standards in effect at the time that the development is submitted to the local government.
- The development is not located on a site that is any of the following:
- A coastal zone.
- Either prime farmland or farmland of statewide importance.
- Wetlands.
- Within a high or very high fire hazard severity zone, as specified.
- A hazardous waste site, unless the Department of Toxic Substances Control has cleared the site for residential use or residential mixed uses.
- Within a delineated earthquake fault zone.
- Within a flood plain or floodway, as specified.
- On land identified for conservation in an adopted natural community conservation plan or other adopted natural resource protection plan.
- Habitat for protected species under state or federal laws, as specified.
- Lands under conservation easement.
- An existing parcel of land or site that is governed under the Mobilehome Residency Law, the Recreational Vehicle Park Occupancy Law, the Mobilehome Parks Act, or the Special Occupancy Parks Act.
The bill also requires the development proponent to certify either that (1) the project is a public work subject to prevailing wage requirements under the Labor Code, or (2) all construction workers employed in the execution of the project will be paid at least the general prevailing rate of per diem wages for the type of work and geographic area and that the prevailing wage requirement will be included in all contracts for the performance of the work, among other wage-related requirements.
If the locality determines that a development submitted pursuant to this bill is in conflict with any of the objective planning standards specified above, the locality must provide the development proponent with written documentation of which standard or standards the development conflicts with, and an explanation for the reason or reasons the development conflicts with that standard or standards, as follows:
- Within 60 days of submittal of the development to the local government if the development contains 150 or fewer housing units.
- Within 90 days of submittal of the development to the local government if the development contains more than 150 housing units.
If the locality fails to provide the required documentation according to the above timelines, the development is deemed to satisfy the objective planning standards as required under this bill.
Notwithstanding any other law, SB 35 caps parking standards for eligible developments at one parking space per unit and prohibits a local government from imposing parking standards for an eligible development in any of the following instances:
- The development is located within one-half mile of public transit.
- The development is located within an architecturally and historically significant historic district.
- When on-street parking permits are required but not offered to the occupants of the development.
- When there is a car share vehicle located within one block of the development.
If a local government approves a development pursuant to the streamlined process, the approval would not expire if the project includes a majority of affordable units, as specified. An approval granted under the bill expires after three years, with a possible one year extension upon demonstration of progress towards construction, if the project does not contain a majority of affordable units.
The bill also requires local governments to include in their annual progress reports to HCD and OPR specified information on the number of units of rental and ownership housing that have secured all approvals needed to qualify for a building permit, by income category. HCD would be required to post the annual progress reports online in a reasonable amount of time.
Staff Comments:
HCD estimates the need for three additional positions as a result of this bill, at a cost of approximately $400,000. Since the bill requires local agencies to include additional, detailed information in annual housing progress reports on the number of housing units that have secured building permits in the housing element cycle, and the affordability of each unit, HCD would be required to update regulations, forms, and definitions, and provide technical assistance to local agencies submitting those reports. HCD staff time would also be dedicated to reviewing annual progress reports, and posting them on the department website, as well as reviewing and analyzing data regarding regional housing needs assessments to ensure accurate accounting of jurisdictions’ progress towards meeting their targets.
The bill’s mandated local costs would not be subject to state reimbursement because local agencies have the authority to charge and adjust planning and permitting fees as necessary to cover administrative costs.
-- END --
SENATE COMMITTEE ON TRANSPORTATION AND HOUSING
Senator Jim Beall, Chair
2017 - 2018 Regular
Bill No: Hearing Date: 3/7/2017
Author: | Wiener | ||
Version: | 2/21/2017 | ||
Urgency: | No | Fiscal: | Yes |
Consultant: | Alison Hughes | ||
SUBJECT:
DIGEST: This bill creates a streamlined, ministerial approval process for infill developments in localities that have failed to meet their regional housing needs assessment numbers.
ANALYSIS:
Existing law:
- Requires a local jurisdiction to give public notice of a hearing whenever a person applies for a zoning variance, special use permit, conditional use permit, zoning ordinance amendment, or general or specific plan amendment.
Requires the board of zoning adjustment or zoning administrator to hear and decide applications for conditional uses or other permits when the zoning ordinance provides therefor and establishes criteria for determining those matters, and applications for variances from the terms of the zoning ordinance.
- Requires cities and counties, to prepare and adopt a general plan, including a housing element, to guide the future growth of a community. The housing element shall consist of an identification and analysis of existing and projected housing needs and a statement of goals, policy objectives, financial resources, and scheduled programs for the preservation, improvement, and development of housing.
- Requires the housing element to identify adequate sites for housing, including rental housing, factory-built housing, mobile homes, and emergency shelters and to make adequate provision for the existing and projected needs of all economic segments of the community.
- Requires cities and counties within the territory of a metropolitan planning organization (MPO) to revise their housing elements every eight years following the adoption of every other regional transportation plan. Cities and counties in rural non-MPO regions must revise their housing elements every five years.
This bill:
- Requires a city, including a charter city, county, or city and county, on or before April 1, 2018, and on or before April 1 each year thereafter, to submit a report to HCD that includes the following:
- The number of units of housing that have completed construction in the housing element cycle, and
- The income category, including very low income, low-income, moderate-income, and above moderate income, for which each unit of housing satisfies.
- Creates a streamlined, ministerial approval process for housing developments that meet the following criteria:
- The development is an accessory dwelling unit or a multifamily housing development that contains two or more residential units.
- The development is located on a site that satisfies both of the following: is an urban infill site and is zoned for residential use or residential mixed use development.
- If the development contains units that are subsidized, rental units shall remain subsidized for 55 years if rented and 45 years if owned.
- The development satisfies both of the following:
- Is located in a locality that, according to its annual production report to HCD, completed construction of fewer units by income category than was required for the RHNA for that year.
- The development is subject to a requirement mandating a minimum percentage of below market rate housing based on the following:
- The locality constructed fewer units of above moderate income housing than was required for the RHNA for that year and dedicates an unspecified percentage of the total number of units to below market rate housing, unless the locality has adopted a local inclusionary zoning ordinance that requires that greater than an unspecified percentage of the units dedicated to below market rate housing, in which case the inclusionary zoning ordinance applies.
- The locality constructed fewer units of very low, low- or moderate-income housing than was required for the RHNA cycle for that year, and dedicates an unspecified percentage of the total number of units to below market rate housing, unless the locality has adopted a local inclusionary zoning ordinance that requires that greater than an unspecified percentage of the units be dedicated to below market rate housing, in which case that inclusionary zoning ordinance applies.
- The development is consistent with objective zoning standards and objective design review standards in effect at the time that the development is submitted to the local government.
- The development is not located on a site that is any of the following: a coastal zone, prime farmland or farmland of statewide importance, wetlands, or a hazardous waste site. The development shall also not be within: a very high fire hazard severity zone, delineated earthquake fault zone, flood plain, or floodway.
- The development does not require the demolition of the following: housing that is subject to rent control, housing that is subject to deed restrictions, housing that has been occupied by residents within the past 10 years, or a historic structure that was placed on a national, state, or local historic register prior to December 31, 2016.
- The development shall be subject to enforceable wage requirements.
- If the locality determines that a development submitted pursuant to this bill is in conflict with any of the objective planning standards specified above, it shall provide the development proponent with written documentation of which standard or standards the development conflicts with, and an explanation for the reason or reasons the development conflicts with that standard or standards, as follows:
- Within 60 days of submittal of the development to the local government if the development contains 150 or fewer housing units.
- Within 90 days of submittal of the development to the local government if the development contains more than 150 housing units.
- If the locality fails to provide the required documentation according to the above timelines, the development shall be deemed to satisfy the objective planning standards as required under this bill.
- Any design review of the development shall not in any way inhibit, chill or preclude the ministerial approval shall be completed as follows:
- Within 90 days of submittal of the development to the local government if the development contains 150 or fewer housing units.
- Within 180 days of submittal of the development to the local government if the development contains more than 150 housing units.
- A development approved pursuant to this section shall not be subject to any local or state parking minimum requirements.
COMMENTS:
- Purpose. According to the author, for decades, California has failed to create enough housing, at all income levels, for our growing population. We have placed endless barriers in the way of new housing. According to the Legislative Analyst, California needs to produce approximately 180,000 units of housing per year to keep up with population growth – right now; we produce less than half that amount. The extreme cost of housing in many parts of California is harming our economy, our environment, and the health and quality of life of far too many people. When we don't have enough housing, low income and middle income residents are hit the hardest, with increased evictions and an inability to find suitable housing. While there are various reasons for this shortage, including zoning restrictions, one aspect of the problem is the significant length of time it takes to approve housing even if the project is entirely within zoning. It should not take years to approve a zoning-compliant housing development.
SB 35 will result in more housing at all income levels, good-paying jobs to build that housing, and more accountability in creating the new homes our residents so badly need. Under SB 35, if cities aren’t on track to meet their RHNA goals, then approval of zoning-compliant projects will be streamlined, if they meet objective zoning, affordability, and environmental criteria, and if the projects pay prevailing wage. Under SB 35, all cities and counties are required to submit their progress on housing production to the California Department of Housing and Community Development, and HCD is required to make that data easily available to the public. Indeed, many cities aren’t even required to report their progress to the state, and the state doesn’t do a great job reporting out statewide RHNA progress. In combination with other bills pending in the Legislature - particularly affordable housing funding bills and bills to require better compliance with Housing Element requirements - SB 35 will help create more housing for people of all income levels. It deserves our support.
- Housing needs and approvals generally. Every city and county in California is required to develop a general plan that outlines the community’s vision of future development through a series of policy statements and goals. A community’s general plan lays the foundation for all future land use decisions, as these decisions must be consistent with the plan. General plans are comprised of several elements that address various land use topics. Seven elements are mandated by state law: land use, circulation, housing, conservation, open-space, noise, and safety. The land use element sets a community’s goals on the most fundamental planning issues—such as the distribution of uses throughout a community, as well as population and building densities—while other elements address more specific topics. Communities also may include elements addressing other topics—such as economic development, public facilities, and parks—at their discretion.
Each community’s general plan must include a housing element, which outlines a long-term plan for meeting the community’s existing and projected housing needs. The housing element demonstrates how the community plans to accommodate its “fair share” of its region’s housing needs. To do so, each community establishes an inventory of sites designated for new housing that is sufficient to accommodate its fair share. Communities also identify regulatory barriers to housing development and propose strategies to address those barriers. State law requires cities and counties to update their housing elements every eight years.
Each community’s fair share of housing is determined through a process known as Regional Housing Needs Allocation (RHNA). The RHNA process has three main steps: 1) Department of Finance and HCD develop regional housing needs estimates; 2) regional councils of governments allocate housing within each region; and 3) cities and counties incorporate their allocations into their housing elements.
Cities and counties enact zoning ordinances to implement their general plans. Zoning determines the type of housing that can be built. In addition, before building new housing, housing developers must obtain one or more permits from local planning departments and must also obtain approval from local planning commissions, city councils, or county board of supervisors.
Some housing projects can be permitted by city or county planning staff ministerially or without further approval from elected officials. Projects reviewed ministerially require only an administrative review designed to ensure they are consistent with existing general plan and zoning rules, as well as meet standards for building quality, health, and safety. Most large housing projects are not allowed ministerial review. Instead, these projects are vetted through both public hearings and administrative review. Most housing projects that require discretionary review and approval are subject to CEQA review, while projects permitted ministerially generally are not.
- The Governor’s 2016 “by-right proposal.” In May 2016, the Governor introduced trailer bill language designed to streamline approval processes by broadening eligibility for by-right, ministerial land use approvals for multifamily infill housing developments that include affordable housing. Specifically, that proposal applied to projects that were within a “transit priority area” (defined as within ½ a mile of a major transit stop) and had at least 10% of units reserved for low-income households or 5% of units reserved for very low-income households. It also applied to projects that are not in a “transit priority area,” in which at least 20% of the units are reserved for individuals making less than 80% of the area median income. A local government may not require a conditional use permit, planned unit development permit, or other discretionary local government review or approval for qualifying developments that include one of the affordable housing components noted above, provided they are consistent with objective general plan and zoning standards and are, where applicable, subject to mitigating measures to address potential environmental harm.
The Governor’s proposal sought to address California’s housing supply problem by expediting approval processes at the local level for predominately market rate housing developments. Given that this proposal was limited to infill development; it is likely that these expedited approvals would have taken place in more urban and coastal regions where the housing demand is particularly acute. This solution, which focuses on increasing market rate units, also referred to as “filtering,” assumes that, over time, older market-rate housing becomes more affordable as new units are added to the market, and is the most effective way to exit the affordable housing crisis. Unfortunately, the filtering process can take generations, meaning that units may not filter at a rate that meets needs at the market’s peak, and the property may deteriorate too much to be habitable. Further, prioritizing market rate housing development could be built to the exclusion of construction of more housing that is affordable to low- and moderate-income renters and homeowners. While many jurisdictions have not met their housing needs for any income level, generally the rate of production of units affordable to lower-income renters is significantly less than that of market rate units.
- Creating streamlined approvals for infill projects. This bill creates a streamlined approval process for infill projects with two or more residential units or for ADUs in localities that have failed to produce sufficient housing to meet their RHNA numbers. This streamlined approval process may be triggered in two circumstances: 1) If the locality constructed fewer units of above moderate income housing than was required for the RHNA for that year and the development dedicates an unspecified percentage of the total number of units to below market rate housing, unless the locality has adopted a local inclusionary zoning ordinance that requires that greater than an unspecified percentage of the units dedicated to below market rate housing, in which case the inclusionary zoning ordinance applies; and 2) The locality constructed fewer units of very low, low- or moderate-income housing than was required for the RHNA cycle for that year, and dedicates an unspecified percentage of the total number of units to below market rate housing, unless the locality has adopted a local inclusionary zoning ordinance that requires that greater than an unspecified percentage of the units be dedicated to below market rate housing, in which case that inclusionary zoning ordinance applies.
The author has committed to working with the affordable housing community to identify appropriate affordability percentages in projects that qualify for ministerial approval under this bill, particularly in jurisdictions that fail to meet their RHNA obligations for lower-income renters.
- Reporting Requirements. This bill requires localities to report annually to HCD on the number of units of housing that have completed construction in the housing element cycle, and the income category, including very low income, low-income, moderate-income, and above moderate income, for which each unit of housing satisfies. The author’s intent is to add new requirements to an existing annual report found in Government Code Section 65400; however this intent is not clear from the current language. Further, local governments who look to the existing code section may not see that this new requirement was added in a different code section.
Going forward, the author may wish to consider referencing Government Code Section 65400 in the bill, and amend Government Code Section 65400 to include the new requirements in this bill.
- Opposition. The League of California Cities states that major work is still needed to be done on this measure, given that the bill was a spot bill until February 21st. The League of California Cities also opposes this measure because it would pre-empt local discretionary land use authority by making approvals of multifamily developments and ADUs ministerial actions. This proposal would rely on outdated community plans and would compromise project level environmental review, public input, and community integrity.
- Double-referral. This bill was referred to this committee and the Senate Governance and Finance Committee.
Related Legislation:
Trailer Bill 707 (Governor’s Budget, 2016) —would have permitted ministerial “by-right” land use approvals for multifamily infill housing developments that include affordable housing units. This proposal was tied to a $400 million general fund allocation to be used for affordable housing as proposed by the Legislature. The trailer bill language faced significant opposition and therefore an agreement on this proposal and a funding allocation could not be reached.
AB 2522 (Bloom, 2016) —would have exempted a housing development that includes either 20% low-income units or 100% moderate-income units and middle-income units from a conditional use permit, a planned unit development permit, or project level CEQA review. The bill hearing in Assembly Housing and Community Development was canceled at the request of the author.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
POSITIONS: (Communicated to the committee before noon on Wednesday,
March 1, 2017.)
SUPPORT:
Abundant Housing LA
California Renters Legal Advocacy and Education Fund
East Bay Forward
Grow the Richmond
Progress Noe Valley
San Francisco Chamber of Commerce
San Francisco Housing Action Coalition
San Francisco YIMBY Party
Silicon Valley Leadership Group
YIMBY Action
OPPOSITION:
City of Santa Rosa
Koreatown Immigrant Workers Alliance
League of California Cities
Marin County Council of Mayors and Councilmembers
-- END --
SENATE COMMITTEE ON TRANSPORTATION AND HOUSING
Senator Jim Beall, Chair
2017 - 2018 Regular
Bill No: SB 35 Hearing Date: 2/28/2017
Author: | Wiener | ||
Version: | 2/21/2017 | ||
Urgency: | No | Fiscal: | Yes |
Consultant: | Alison Hughes | ||
SUBJECT: Planning and Zoning: affordable housing: streamlined approval process
DIGEST: This bill creates a streamlined, ministerial approval process for infill developments in localities that have failed to meet their regional housing needs assessment numbers.
ANALYSIS:
Existing law:
- Requires a local jurisdiction to give public notice of a hearing whenever a person applies for a zoning variance, special use permit, conditional use permit, zoning ordinance amendment, or general or specific plan amendment.
Requires the board of zoning adjustment or zoning administrator to hear and decide applications for conditional uses or other permits when the zoning ordinance provides therefor and establishes criteria for determining those matters, and applications for variances from the terms of the zoning ordinance.
- Requires cities and counties, to prepare and adopt a general plan, including a housing element, to guide the future growth of a community. The housing element shall consist of an identification and analysis of existing and projected housing needs and a statement of goals, policy objectives, financial resources, and scheduled programs for the preservation, improvement, and development of housing.
- Requires the housing element to identify adequate sites for housing, including rental housing, factory-built housing, mobile homes, and emergency shelters and to make adequate provision for the existing and projected needs of all economic segments of the community.
- Requires cities and counties within the territory of a metropolitan planning organization (MPO) to revise their housing elements every eight years following the adoption of every other regional transportation plan. Cities and counties in rural non-MPO regions must revise their housing elements every five years.
This bill:
- Requires a city, including a charter city, county, or city and county, on or before April 1, 2018, and on or before April 1 each year thereafter, to submit a report to HCD that includes the following:
- The number of units of housing that have completed construction in the housing element cycle, and
- The income category, including very low income, low-income, moderate-income, and above moderate income, for which each unit of housing satisfies.
- Creates a streamlined, ministerial approval process for housing developments that meet the following criteria:
- The development is an accessory dwelling unit or a multifamily housing development that contains two or more residential units.
- The development is located on a site that satisfies both of the following: is an urban infill site and is zoned for residential use or residential mixed use development.
- If the development contains units that are subsidized, rental units shall remain subsidized for 55 years if rented and 45 years if owned.
- The development satisfies both of the following:
- Is located in a locality that, according to its annual production report to HCD, completed construction of fewer units by income category than was required for the RHNA for that year.
- The development is subject to a requirement mandating a minimum percentage of below market rate housing based on the following:
- The locality constructed fewer units of above moderate income housing than was required for the RHNA for that year and dedicates an unspecified percentage of the total number of units to below market rate housing, unless the locality has adopted a local inclusionary zoning ordinance that requires that greater than an unspecified percentage of the units dedicated to below market rate housing, in which case the inclusionary zoning ordinance applies.
- The locality constructed fewer units of very low, low- or moderate-income housing than was required for the RHNA cycle for that year, and dedicates an unspecified percentage of the total number of units to below market rate housing, unless the locality has adopted a local inclusionary zoning ordinance that requires that greater than an unspecified percentage of the units be dedicated to below market rate housing, in which case that inclusionary zoning ordinance applies.
- The development is consistent with objective zoning standards and objective design review standards in effect at the time that the development is submitted to the local government.
- The development is not located on a site that is any of the following: a coastal zone, prime farmland or farmland of statewide importance, wetlands, or a hazardous waste site. The development shall also not be within: a very high fire hazard severity zone, delineated earthquake fault zone, flood plain, or floodway.
- The development does not require the demolition of the following: housing that is subject to rent control, housing that is subject to deed restrictions, housing that has been occupied by residents within the past 10 years, or a historic structure that was placed on a national, state, or local historic register prior to December 31, 2016.
- The development shall be subject to enforceable wage requirements.
- If the locality determines that a development submitted pursuant to this bill is in conflict with any of the objective planning standards specified above, it shall provide the development proponent with written documentation of which standard or standards the development conflicts with, and an explanation for the reason or reasons the development conflicts with that standard or standards, as follows:
- Within 60 days of submittal of the development to the local government if the development contains 150 or fewer housing units.
- Within 90 days of submittal of the development to the local government if the development contains more than 150 housing units.
- If the locality fails to provide the required documentation according to the above timelines, the development shall be deemed to satisfy the objective planning standards as required under this bill.
- Any design review of the development shall not in any way inhibit, chill or preclude the ministerial approval shall be completed as follows:
- Within 90 days of submittal of the development to the local government if the development contains 150 or fewer housing units.
- Within 180 days of submittal of the development to the local government if the development contains more than 150 housing units.
- A development approved pursuant to this section shall not be subject to any local or state parking minimum requirements.
COMMENTS:
- Purpose. According to the author, for decades, California has failed to create enough housing, at all income levels, for our growing population. We have placed endless barriers in the way of new housing. According to the Legislative Analyst, California needs to produce approximately 180,000 units of housing per year to keep up with population growth – right now; we produce less than half that amount. The extreme cost of housing in many parts of California is harming our economy, our environment, and the health and quality of life of far too many people. When we don't have enough housing, low income and middle income residents are hit the hardest, with increased evictions and an inability to find suitable housing. While there are various reasons for this shortage, including zoning restrictions, one aspect of the problem is the significant length of time it takes to approve housing even if the project is entirely within zoning. It should not take years to approve a zoning-compliant housing development.
SB 35 will result in more housing at all income levels, good-paying jobs to build that housing, and more accountability in creating the new homes our residents so badly need. Under SB 35, if cities aren’t on track to meet their RHNA goals, then approval of zoning-compliant projects will be streamlined, if they meet objective zoning, affordability, and environmental criteria, and if the projects pay prevailing wage. Under SB 35, all cities and counties are required to submit their progress on housing production to the California Department of Housing and Community Development, and HCD is required to make that data easily available to the public. Indeed, many cities aren’t even required to report their progress to the state, and the state doesn’t do a great job reporting out statewide RHNA progress. In combination with other bills pending in the Legislature - particularly affordable housing funding bills and bills to require better compliance with Housing Element requirements - SB 35 will help create more housing for people of all income levels. It deserves our support.
- Housing needs and approvals generally. Every city and county in California is required to develop a general plan that outlines the community’s vision of future development through a series of policy statements and goals. A community’s general plan lays the foundation for all future land use decisions, as these decisions must be consistent with the plan. General plans are comprised of several elements that address various land use topics. Seven elements are mandated by state law: land use, circulation, housing, conservation, open-space, noise, and safety. The land use element sets a community’s goals on the most fundamental planning issues—such as the distribution of uses throughout a community, as well as population and building densities—while other elements address more specific topics. Communities also may include elements addressing other topics—such as economic development, public facilities, and parks—at their discretion.
Each community’s general plan must include a housing element, which outlines a long-term plan for meeting the community’s existing and projected housing needs. The housing element demonstrates how the community plans to accommodate its “fair share” of its region’s housing needs. To do so, each community establishes an inventory of sites designated for new housing that is sufficient to accommodate its fair share. Communities also identify regulatory barriers to housing development and propose strategies to address those barriers. State law requires cities and counties to update their housing elements every eight years.
Each community’s fair share of housing is determined through a process known as Regional Housing Needs Allocation (RHNA). The RHNA process has three main steps: 1) Department of Finance and HCD develop regional housing needs estimates; 2) regional councils of governments allocate housing within each region; and 3) cities and counties incorporate their allocations into their housing elements.
Cities and counties enact zoning ordinances to implement their general plans. Zoning determines the type of housing that can be built. In addition, before building new housing, housing developers must obtain one or more permits from local planning departments and must also obtain approval from local planning commissions, city councils, or county board of supervisors.
Some housing projects can be permitted by city or county planning staff ministerially or without further approval from elected officials. Projects reviewed ministerially require only an administrative review designed to ensure they are consistent with existing general plan and zoning rules, as well as meet standards for building quality, health, and safety. Most large housing projects are not allowed ministerial review. Instead, these projects are vetted through both public hearings and administrative review. Most housing projects that require discretionary review and approval are subject to CEQA review, while projects permitted ministerially generally are not.
- The Governor’s 2016 “by-right proposal.” In May 2016, the Governor introduced trailer bill language designed to streamline approval processes by broadening eligibility for by-right, ministerial land use approvals for multifamily infill housing developments that include affordable housing. Specifically, that proposal applied to projects that were within a “transit priority area” (defined as within ½ a mile of a major transit stop) and had at least 10% of units reserved for low-income households or 5% of units reserved for very low-income households. It also applied to projects that are not in a “transit priority area,” in which at least 20% of the units are reserved for individuals making less than 80% of the area median income. A local government may not require a conditional use permit, planned unit development permit, or other discretionary local government review or approval for qualifying developments that include one of the affordable housing components noted above, provided they are consistent with objective general plan and zoning standards and are, where applicable, subject to mitigating measures to address potential environmental harm.
The Governor’s proposal sought to address California’s housing supply problem by expediting approval processes at the local level for predominately market rate housing developments. Given that this proposal was limited to infill development; it is likely that these expedited approvals would have taken place in more urban and coastal regions where the housing demand is particularly acute. This solution, which focuses on increasing market rate units, also referred to as “filtering,” assumes that, over time, older market-rate housing becomes more affordable as new units are added to the market, and is the most effective way to exit the affordable housing crisis. Unfortunately, the filtering process can take generations, meaning that units may not filter at a rate that meets needs at the market’s peak, and the property may deteriorate too much to be habitable. Further, prioritizing market rate housing development could be built to the exclusion of construction of more housing that is affordable to low- and moderate-income renters and homeowners. While many jurisdictions have not met their housing needs for any income level, generally the rate of production of units affordable to lower-income renters is significantly less than that of market rate units.
- Creating streamlined approvals for infill projects. This bill creates a streamlined approval process for infill projects with two or more residential units or for ADUs in localities that have failed to produce sufficient housing to meet their RHNA numbers. This streamlined approval process may be triggered in two circumstances: 1) If the locality constructed fewer units of above moderate income housing than was required for the RHNA for that year and the development dedicates an unspecified percentage of the total number of units to below market rate housing, unless the locality has adopted a local inclusionary zoning ordinance that requires that greater than an unspecified percentage of the units dedicated to below market rate housing, in which case the inclusionary zoning ordinance applies; and 2) The locality constructed fewer units of very low, low- or moderate-income housing than was required for the RHNA cycle for that year, and dedicates an unspecified percentage of the total number of units to below market rate housing, unless the locality has adopted a local inclusionary zoning ordinance that requires that greater than an unspecified percentage of the units be dedicated to below market rate housing, in which case that inclusionary zoning ordinance applies.
The author has committed to working with the affordable housing community to identify appropriate affordability percentages in projects that qualify for ministerial approval under this bill, particularly in jurisdictions that fail to meet their RHNA obligations for lower-income renters.
- Reporting Requirements. This bill requires localities to report annually to HCD on the number of units of housing that have completed construction in the housing element cycle, and the income category, including very low income, low-income, moderate-income, and above moderate income, for which each unit of housing satisfies. The author’s intent is to add new requirements to an existing annual report found in Government Code Section 65400; however this intent is not clear from the current language. Further, local governments who look to the existing code section may not see that this new requirement was added in a different code section.
Going forward, the author may wish to consider referencing Government Code Section 65400 in the bill, and amend Government Code Section 65400 to include the new requirements in this bill.
- Double-referral. This bill was referred to this committee and the Senate Governance and Finance Committee.
Related Legislation:
Trailer Bill 707 (Governor’s Budget, 2016) —would have permitted ministerial “by-right” land use approvals for multifamily infill housing developments that include affordable housing units. This proposal was tied to a $400 million general fund allocation to be used for affordable housing as proposed by the Legislature. The trailer bill language faced significant opposition and therefore an agreement on this proposal and a funding allocation could not be reached.
AB 2522 (Bloom, 2016) —would have exempted a housing development that includes either 20% low-income units or 100% moderate-income units and middle-income units from a conditional use permit, a planned unit development permit, or project level CEQA review. The bill hearing in Assembly Housing and Community Development was canceled at the request of the author.
FISCAL EFFECT: Appropriation: Fiscal Com.: Yes Local: Yes
POSITIONS: (Communicated to the committee before noon on Wednesday,
February 22, 2017.)
SUPPORT:
San Francisco Chamber of Commerce
OPPOSITION:
None received.
-- END --
Discussed in Hearing
5MIN
Senate Floor
10MIN
Assembly Floor
50MIN
Assembly Standing Committee on Housing and Community Development
30MIN
Assembly Standing Committee on Local Government
6MIN
Senate Floor
48MIN
Senate Standing Committee on Appropriations
2MIN
Senate Standing Committee on Appropriations
49MIN
Senate Standing Committee on Governance and Finance
Bill Author
