SB 765: Planning and zoning: housing.

(1)Existing law, until January 1, 2026, authorizes a development proponent to submit an application for a multifamily housing development that is subject to a streamlined, ministerial approval process, as provided, and not subject to a conditional use permit, if the development satisfies specified objective planning standards. Existing law requires the objective planning standards to include, among others, a requirement that the development certify to the locality that a skilled and trained workforce will be used to complete the development, if the development meets certain standards and depending on when the application is approved, including that the development consists of a specified number of units that are not 100% subsidized affordable housing and is located in a jurisdiction that meets specified requirements.

This bill would modify those provisions by requiring a skilled and trained workforce to be used if the application for the development consists of a specified number of units with a residential component that is not 100% subsidized affordable housing.

(2)Existing law requires the objective planning standards to include, among others, a requirement that a development be subject to a minimum percentage of below market rate housing on the basis that, among other things, the locality failed to submit its latest production report by the applicable time period, or that the report submitted reflected that there were fewer units of housing affordable to households making below 80% of the area median income that were issued building permits than were required for the regional housing needs assessment cycle for that reporting period, and that the project meets specified requirements.

This bill would instead require that the development be subject to the above-described minimum percentage of below market rate housing by reason of the localitys latest production report reflecting that there were fewer units of housing issued building permits that were affordable to either very low income or low-income households by income category than were required for the regional housing needs assessment cycle for that reporting period.

(3)Existing law requires the objective planning standards to include, among others, a requirement that the development proponent has already recorded land use restrictions with specified durations if the development contains units that are subsidized, as specified.

This bill would instead require the development proponent to commit to record, prior to issuance of the first building permit, a land use restriction or covenant providing that any lower income housing units that are required pursuant to the minimum percentage of below market rate housing remain available at affordable housing costs or rent to persons and families of lower income for specified durations.

(4)Existing law requires the objective planning standards include, among others, a requirement that the development not involve a subdivision of a parcel that is, or would otherwise be, subject to the Subdivision Map Act or any other applicable law authorizing the subdivision of land unless the development has received or will receive financing or funding by means of a low-income housing tax credit and is subject to specified requirements relating to prevailing wages, or the development is subject to the requirement that prevailing wages be paid and a skilled and trained workforce be used, as specified.

This bill would instead require that the development not involve a subdivision of a parcel that is, or would otherwise be, subject to the Subdivision Map Act or any other applicable law authorizing the subdivision of land unless the development is consistent with all objective subdivision standards in the local subdivision ordinance and the development either has received or will receive financing or funding by means of a low-income housing tax credit and is subject to specified requirements relating to prevailing wages, or is subject to the requirement that prevailing wages be paid and a skilled and trained workforce be used, as specified.

Existing law additionally authorizes the city, county, or city and county to conduct any design review or public oversight of the development and requires that design review or public oversight to be completed within specified periods of time.

This bill would provide that if the development is subject to the Subdivision Map Act but the development has received or will receive financing or funding by means of a low-income housing tax credit and is subject to specified requirements relating to prevailing wages, or the development is subject to the requirement that prevailing wages be paid and a skilled and trained workforce be used, the application for the subdivision pursuant to the Subdivision Map Act is exempt from the California Environmental Quality Act and would require the application for the subdivision to be considered within the specified time periods.

(5)Existing law requires the objective planning standards to include, among others, a requirement that the development, excluding any additional density or any other concessions, incentives, or waivers of development standards granted pursuant to the Density Bonus Law, is consistent with objective zoning standards and objective design review standards in effect at the time that the development is submitted to the local government.

This bill would also require the development to be consistent with objective subdivision standards. The bill would declare that these provisions are declaratory of existing law.

(6)Existing law provides that the California Environmental Quality Act does not apply to an action taken by a state agency or local government to provide financial assistance to a development that was approved for streamlined approval pursuant to these provisions to be used for housing for persons and families of very low, low, or moderate income.

This bill would additionally provide that the California Environmental Quality Act does not apply to an action taken by a state agency or local government to lease, convey, or encumber land owned by the local government or to facilitate the lease, conveyance, or encumbrance of land owned by the local government to a development that was approved for streamlined approval pursuant to these provisions to be used for housing for persons and families of very low, low, or moderate income.

(7)Existing law 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 pursuant to these provisions, as specified.

This bill would specify that a local government is prohibited from imposing automobile parking standards for a streamlined development that was approved pursuant to these provisions, as specified.

(8)Existing law, until January 1, 2021, upon a declaration of a shelter crisis by the City of Berkeley, Emeryville, Los Angeles, Oakland, or San Diego, the County of Santa Clara, or the City and County of San Francisco, authorizes emergency housing to include homeless shelters in the City of Berkeley, Emeryville, Los Angeles, Oakland, or San Diego, the County of Santa Clara, or the City and County of San Francisco, respectively. Existing law, in lieu of compliance with local building approval procedures or state housing, health, habitability, planning and zoning, or safety standards, procedures, and laws, authorizes those jurisdictions to adopt by ordinance reasonable local standards for homeless shelters, as specified.

This bill would provide that the California Environmental Quality Act does not apply to actions taken by a state agency or local government to lease, convey, or encumber land owned by a city, county, or city and county, or to facilitate the lease, conveyance, or encumbrance of land owned by a city, county, or city and county, for, or to provide financial assistance to, a homeless shelter constructed or allowed pursuant to these provisions.