AB 3122: Streamlined housing approvals: objective planning standards and subdivision applications.
- Session Year: 2023-2024
- House: Assembly
- Latest Version Date: 2024-09-27
Current Status:
Passed
(2024-09-27: Chaptered by Secretary of State - Chapter 754, Statutes of 2024.)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Enacted
(1)Existing law, the Planning and Zoning Law, 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, including, among others, that the development is subject to a requirement mandating a minimum percentage of below market rate housing based on, among other things, that (1) the localitys latest production report reflects that there were fewer units of housing issued building permits 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 and (2) the project seeking approval dedicates 50% of the total number of units, as specified, to housing affordable to households making at or below 80% of the area median income.
This bill would also include as an objective planning standard that (1) the localitys latest production report reflects the requirements described above and (2) the project application was submitted prior to January 1, 2019, and the project includes at least 500 units of housing, that the project dedicates 20% of the total number of units, as specified, as affordable units, with at least 9% affordable to households making at or below 50% of the area median income and the remainder affordable to households making at or below 80% of the area median income. For these purposes, the bill would include units affordable to acutely low income and extremely low income households, as those terms are defined, as units affordable to very low income households, as that term is referenced.
Existing law requires a local government or relevant local planning and permitting department if the local governments planning director or equivalent position determines that a housing development project is in conflict with any of the above-described objective planning standards to provide to the development proponent written documentation of the standards with which the development conflicts and an explanation for the reasoning within 60 days or 90 days of the submittal of the development proposal, depending on the number of housing units.
This bill would also require a local government or relevant local planning and permitting department to provide to the development proponent written documentation of the standards with which the development conflicts and an explanation for the reasoning as described above within 30 days of the submittal of any development proposal that was resubmitted to address written feedback provided by the local government.
Existing law authorizes a development proponent to request a modification to a development that has been approved under the streamlined, ministerial approval process if that request is submitted to the local government before the issuance of the final building permit. Existing law authorizes a local government to apply objective planning standards adopted after the development application was first submitted to the requested modification if the development is revised such that (1) the total number of residential units or total square footage of construction changes by 15% or more or (2) the development is revised such that the total number of residential units or total square footage of construction changes by 5% or more and it is necessary to impose an objective standard beyond those in effect when the development application was submitted in order to mitigate or avoid a specific, adverse impact upon the public health or safety.
This bill would instead authorize a local government to apply objective planning standards adopted after the development application was first submitted to the requested modification if the development is revised such that (1) the total square footage of construction increases by 15% or more or the total number of residential units decreases by 15% or more or (2) the total square footage of construction increases by 5% or more or the total number of residential units decreases by 5% or more and it is necessary to impose an objective standard beyond those in effect when the development application was submitted in order to mitigate or avoid a specific, adverse impact upon the public health or safety. By reducing the ability of a local government to impose objective planning standards adopted after the development application was first submitted when reviewing a requested modification, the bill would impose a state-mandated local program.
Existing law includes as an objective planning standard that the house development and site on which it is located satisfy specified requirements, including that at least 75% of the perimeter of the development site is adjoined with parcels that are developed with urban uses. Existing law defines urban uses for purposes of that provision to include any current or former residential, commercial, public institutional, transit or transportation passenger facility, or retail use, or any combination of those uses.
This bill would also include within the definition of urban uses any current or former public park that is surrounded by other urban uses, and parking lot or structure.
(2)Existing law, the Subdivision Map Act, vests the authority to regulate and control the design and improvement of subdivisions in the legislative body of a local agency and sets forth procedures governing the local agencys processing, approval, conditional approval or disapproval, and filing of tentative, final, and parcel maps, and the modification thereof. The act generally requires a subdivider to file a tentative map or vesting tentative map with the local agency, as specified, and the local agency, in turn, to approve, conditionally approve, or disapprove the map within a specified time period.
The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect.
Existing law exempts from the requirements of CEQA, and requires specified public oversight timelines for, an application for a subdivision pursuant to the Subdivision Map Act that is submitted pursuant to the streamlined, ministerial approval process described above if the development is consistent with specified requirements. In this regard, existing law requires the development to consist of 10 or fewer units and to not be a public work, as specified, and to be consistent with all objective subdivision standards in the local subdivision ordinance.
This bill would remove the above-described requirement that the development consists of 10 or fewer units and is not a public work, as specified, and would instead require the development to comply with specified provisions relating to the streamlined, ministerial approval process and to meet at least one of other specified requirements, including that the development has received or will receive financing or funding by means of a low-income housing tax credit. By modifying the duties of a local agency in reviewing applications for a subdivision, 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.
(1)Existing law, the Planning and Zoning Law, 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, including, among others, that the development is subject to a requirement mandating a minimum percentage of below market rate housing based on, among other things, that (1) the localitys latest production report reflects that there were fewer units of housing issued building permits 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 and (2) the project seeking approval dedicates 50% of the total number of units, as specified, to housing affordable to households making at or below 80% of the area median income.
This bill would also include as an objective planning standard that (1) the localitys latest production report reflects the requirements described above and (2) the project application was submitted prior to January 1, 2019, and the project includes at least 500 units of housing, that the project dedicates 20% of the total number of units, as specified, as affordable units, with at least 9% affordable to households making at or below 50% of the area median income and the remainder affordable to households making at or below 80% of the area median income. For these purposes, the bill would include units affordable to acutely low income and extremely low income households, as those terms are defined, as units affordable to very low income households, as that term is referenced.
Existing law requires a local government or relevant local planning and permitting department if the local governments planning director or equivalent position determines that a housing development project is in conflict with any of the above-described objective planning standards to provide to the development proponent written documentation of the standards with which the development conflicts and an explanation for the reasoning within 60 days or 90 days of the submittal of the development proposal, depending on the number of housing units.
This bill would also require a local government or relevant local planning and permitting department to provide to the development proponent written documentation of the standards with which the development conflicts and an explanation for the reasoning as described above within 30 days of the submittal of any development proposal that was resubmitted to address written feedback provided by the local government.
Existing law authorizes a development proponent to request a modification to a development that has been approved under the streamlined, ministerial approval process if that request is submitted to the local government before the issuance of the final building permit. Existing law authorizes a local government to apply objective planning standards adopted after the development application was first submitted to the requested modification if the development is revised such that (1) the total number of residential units or total square footage of construction changes by 15% or more or (2) the development is revised such that the total number of residential units or total square footage of construction changes by 5% or more and it is necessary to impose an objective standard beyond those in effect when the development application was submitted in order to mitigate or avoid a specific, adverse impact upon the public health or safety.
This bill would instead authorize a local government to apply objective planning standards adopted after the development application was first submitted to the requested modification if the development is revised such that (1) the total square footage of construction increases by 15% or more or the total number of residential units decreases by 15% or more or (2) the total square footage of construction increases by 5% or more or the total number of residential units decreases by 5% or more and it is necessary to impose an objective standard beyond those in effect when the development application was submitted in order to mitigate or avoid a specific, adverse impact upon the public health or safety. By reducing the ability of a local government to impose objective planning standards adopted after the development application was first submitted when reviewing a requested modification, the bill would impose a state-mandated local program.
Existing law includes as an objective planning standard that the house development and site on which it is located satisfy specified requirements, including that at least 75% of the perimeter of the development site is adjoined with parcels that are developed with urban uses. Existing law defines urban uses for purposes of that provision to include any current or former residential, commercial, public institutional, transit or transportation passenger facility, or retail use, or any combination of those uses.
This bill would also include within the definition of urban uses any current or former public park that is surrounded by other urban uses, and parking lot or structure.
(2)Existing law, the Subdivision Map Act, vests the authority to regulate and control the design and improvement of subdivisions in the legislative body of a local agency and sets forth procedures governing the local agencys processing, approval, conditional approval or disapproval, and filing of tentative, final, and parcel maps, and the modification thereof. The act generally requires a subdivider to file a tentative map or vesting tentative map with the local agency, as specified, and the local agency, in turn, to approve, conditionally approve, or disapprove the map within a specified time period.
The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect.
Existing law exempts from the requirements of CEQA, and requires specified public oversight timelines for, an application for a subdivision pursuant to the Subdivision Map Act that is submitted pursuant to the streamlined, ministerial approval process described above if the development is consistent with specified requirements. In this regard, existing law requires the development to consist of 10 or fewer units and to not be a public work, as specified, and to be consistent with all objective subdivision standards in the local subdivision ordinance.
This bill would remove the above-described requirement that the development consists of 10 or fewer units and is not a public work, as specified, and would instead require the development to comply with specified provisions relating to the streamlined, ministerial approval process and to meet at least one of other specified requirements, including that the development has received or will receive financing or funding by means of a low-income housing tax credit. By modifying the duties of a local agency in reviewing applications for a subdivision, 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.
(1)Existing law, the Planning and Zoning Law, 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, including, among others, that the development is subject to a requirement mandating a minimum percentage of below market rate housing based on, among other things, that (1) the localitys latest production report reflects that there were fewer units of housing issued building permits 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 and (2) the project seeking approval dedicates 50% of the total number of units, as specified, to housing affordable to households making at or below 80% of the area median income. Existing law provides, however, that a local ordinance adopted by the locality that requires that greater than 50% of the units be dedicated to housing affordable to households making at or below 80% of the area median income applies.
This bill would also include as an objective planning standard, notwithstanding that provision, if the standard that (1) the localitys latest production report reflects the requirements described above and (2) the project application was submitted prior to January 1, 2019, and the project includes at least 500 units or more of housing, that the project dedicates 20% of the total number of units, as specified, as affordable units, with at least 9% affordable to households making at or below 50% of the area median income and the remainder affordable to households making at or below 80% of the area median income. The bill would instead provide, notwithstanding the above-described provisions, that a local ordinance adopted by the locality that requires that greater than 50%, or greater than 20%, as applicable, of the units be dedicated to housing affordable to households making at or below 80% of the area median income applies. For these purposes, the bill would include units affordable to acutely low income and extremely low income households, as those terms are defined, as units affordable to very low income households, as that term is referenced.
Existing law requires a local government or relevant local planning and permitting department if the local governments planning director or equivalent position determines that a housing development project is in conflict with any of the above-described objective planning standards to provide to the development proponent written documentation of the standards with which the development conflicts and an explanation for the reasoning within 60 days or 90 days of the submittal of the development proposal, depending on the number of housing units.
This bill would also require a local government or relevant local planning and permitting department to provide to the development proponent written documentation of the standards with which the development conflicts and an explanation for the reasoning as described above within 30 days of the submittal of any development proposal that was resubmitted to address written feedback provided by the local government.
Existing law authorizes a development proponent to request a modification to a development that has been approved under the streamlined, ministerial approval process if that request is submitted to the local government before the issuance of the final building permit. Existing law authorizes a local government to apply objective planning standards adopted after the development application was first submitted to the requested modification if the development is revised such that (1) the total number of residential units or total square footage of construction changes by 15% or more or (2) the development is revised such that the total number of residential units or total square footage of construction changes by 5% or more and it is necessary to impose an objective standard beyond those in effect when the development application was submitted in order to mitigate or avoid a specific, adverse impact upon the public health or safety.
This bill would instead authorize a local government to apply objective planning standards adopted after the development application was first submitted to the requested modification if the development is revised such that (1) the total square footage of construction increases by 15% or more or the total number of residential units decreases by 15% or more or (2) the total square footage of construction increases by 5% or more or the total number of residential units decreases by 5% or more and it is necessary to impose an objective standard beyond those in effect when the development application was submitted in order to mitigate or avoid a specific, adverse impact upon the public health or safety. By reducing the ability of a local government to impose objective planning standards adopted after the development application was first submitted when reviewing a requested modification, the bill would impose a state-mandated local program.
Existing law includes as an objective planning standard that the house development and site on which it is located satisfy specified requirements, including that at least 75% of the perimeter of the development site is adjoined with parcels that are developed with urban uses. Existing law defines urban uses for purposes of that provision to include any current or former residential, commercial, public institutional, transit or transportation passenger facility, or retail use, or any combination of those uses.
This bill would also include within the definition of urban uses any current or former public park that is surrounded by other urban uses, and parking lot or structure.
(2)Existing law, the Subdivision Map Act, vests the authority to regulate and control the design and improvement of subdivisions in the legislative body of a local agency and sets forth procedures governing the local agencys processing, approval, conditional approval or disapproval, and filing of tentative, final, and parcel maps, and the modification thereof. The act generally requires a subdivider to file a tentative map or vesting tentative map with the local agency, as specified, and the local agency, in turn, to approve, conditionally approve, or disapprove the map within a specified time period.
The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect.
Existing law exempts from the requirements of CEQA, and requires specified public oversight timelines for, an application for a subdivision pursuant to the Subdivision Map Act that is submitted pursuant to the streamlined, ministerial approval process described above if the development is consistent with specified requirements. In this regard, existing law requires the development to consist of 10 or fewer units and to not be a public work, as specified, and to be consistent with all objective subdivision standards in the local subdivision ordinance.
This bill would remove the above-described requirement that the development consists of 10 or fewer units and is not a public work, as specified, and would instead require the development to comply with specified provisions relating to the streamlined, ministerial approval process and to meet at least one of other specified requirements, including that the development has received or will receive financing or funding by means of a low-income housing tax credit. By modifying the duties of a local agency in reviewing applications for a subdivision, 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.
(1)Existing law, the Planning and Zoning Law, 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, including, among others, that the development is subject to a requirement mandating a minimum percentage of below market rate housing based on, among other things, that the project seeking approval dedicates 50% of the total number of units, as specified, to housing affordable to households making at or below 80% of the area median income. Existing law provides, however, that a local ordinance adopted by the locality that requires that greater than 50% of the units be dedicated to housing affordable to households making at or below 80% of the area median income applies.
This bill would also include as an objective planning standard, notwithstanding that provision, if the project application was submitted prior to January 1, 2019, and the project includes at least 500 units or more of housing, that the project dedicates 20% of the total number of units, as specified, as affordable units, with at least 9% affordable to households making at or below 50% of the area median income and the remainder affordable to households making at or below 80% of the area median income. The bill would instead provide, notwithstanding the above-described provisions, that a local ordinance adopted by the locality that requires that greater than 50%, or greater than 20%, as applicable, of the units be dedicated to housing affordable to households making at or below 80% of the area median income applies.
Existing law authorizes a development proponent to request a modification to a development that has been approved under the streamlined, ministerial approval process if that request is submitted to the local government before the issuance of the final building permit. Existing law authorizes a local government to apply objective planning standards adopted after the development application was first submitted to the requested modification if the development is revised such that (1) the total number of residential units or total square footage of construction changes by 15% or more or (2) the development is revised such that the total number of residential units or total square footage of construction changes by 5% or more and it is necessary to impose an objective standard beyond those in effect when the development application was submitted in order to mitigate or avoid a specific, adverse impact upon the public health or safety.
This bill would instead authorize a local government to apply objective planning standards adopted after the development application was first submitted to the requested modification if the development is revised such that (1) the total square footage of construction increases by 15% or more or the total number of residential units decreases by 15% or more or (2) the total square footage of construction increases by 5% or more or the total number of residential units decreases by 5% or more and it is necessary to impose an objective standard beyond those in effect when the development application was submitted in order to mitigate or avoid a specific, adverse impact upon the public health or safety. By reducing the ability of a local government to impose objective planning standards adopted after the development application was first submitted when reviewing a requested modification, the bill would impose a state-mandated local program.
(2)Existing law, the Subdivision Map Act, vests the authority to regulate and control the design and improvement of subdivisions in the legislative body of a local agency and sets forth procedures governing the local agencys processing, approval, conditional approval or disapproval, and filing of tentative, final, and parcel maps, and the modification thereof. The act generally requires a subdivider to file a tentative map or vesting tentative map with the local agency, as specified, and the local agency, in turn, to approve, conditionally approve, or disapprove the map within a specified time period.
The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect.
Existing law exempts from the requirements of CEQA, and requires specified public oversight timelines for, an application for a subdivision pursuant to the Subdivision Map Act that is submitted pursuant to the streamlined, ministerial approval process described above if the development is consistent with specified requirements. In this regard, existing law requires the development to consist of 10 or fewer units and to not be a public work, as specified, and to be consistent with all objective subdivision standards in the local subdivision ordinance.
This bill would remove the above-described requirement that the development consists of 10 or fewer units and is not a public work, as specified, and would instead require the development to comply with specified provisions relating to the streamlined, ministerial approval process and to meet one of other specified requirements, including that the development has received or will receive financing or funding by means of a low-income housing tax credit. By modifying the duties of a local agency in reviewing applications for a subdivision, 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.
Existing law, the Planning and Zoning Law, 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, including, among others, that the development proponent has committed to record, prior to the issuance of the first building permit, a land use restriction or covenant providing that any lower or moderate-income housing units required remain available at affordable housing costs or rent to persons and families of lower or moderate income, as specified. is subject to a requirement mandating a minimum percentage of below market rate housing based on, among other things, that the project seeking approval dedicates 50% of the total number of units, as specified, to housing affordable to households making at or below 80% of the area median income. Existing law provides, however, that a local ordinance adopted by the locality that requires that greater than 50% of the units be dedicated to housing affordable to households making at or below 80% of the area median income applies.
This bill would also include as an objective planning standard, notwithstanding that provision, if the project application was submitted prior to January 1, 2019, and the project includes at least 500 units or more of housing, that the project dedicates 20% of the total number of units, as specified, as affordable units, with at least 9% affordable to households making at or below 50% of the area median income and the remainder affordable to households making at or below 80% of the area median income. The bill would instead provide, notwithstanding the above-described provisions, that a local ordinance adopted by the locality that requires that greater than 50%, or greater than 20%, as applicable, of the units be dedicated to housing affordable to households making at or below 80% of the area median income applies.
Existing law authorizes a development proponent to request a modification to a development that has been approved under the streamlined, ministerial approval process if that request is submitted to the local government before the issuance of the final building permit. Existing law authorizes a local government to apply objective planning standards adopted after the development application was first submitted to the requested modification if the development is revised such that (1) the total number of residential units or total square footage of construction changes by 15% or more or (2) the development is revised such that the total number of residential units or total square footage of construction changes by 5% or more and it is necessary to impose an objective standard beyond those in effect when the development application was submitted in order to mitigate or avoid a specific, adverse impact upon the public health or safety.
This bill would instead authorize a local government to apply objective planning standards adopted after the development application was first submitted to the requested modification if the development is revised such that (1) the total square footage of construction increases by 15% or more or the total number of residential units decreases by 15% or more or (2) the total square footage of construction increases by 5% or more or the total number of residential units decreases by 5% or more and it is necessary to impose an objective standard beyond those in effect when the development application was submitted in order to mitigate or avoid a specific, adverse impact upon the public health or safety. By reducing the ability of a local government to impose objective planning standards adopted after the development application was first submitted when reviewing a requested modification, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law, the Planning and Zoning Law, 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, including, among others, that the development proponent has committed to record, prior to the issuance of the first building permit, a land use restriction or covenant providing that any lower or moderate-income housing units required remain available at affordable housing costs or rent to persons and families of lower or moderate income, as specified.
Existing law authorizes a development proponent to request a modification to a development that has been approved under the streamlined, ministerial approval process if that request is submitted to the local government before the issuance of the final building permit. Existing law authorizes a local government to apply objective planning standards adopted after the development application was first submitted to the requested modification if the development is revised such that (1) the total number of residential units or total square footage of construction changes by 15% or more or (2) the development is revised such that the total number of residential units or total square footage of construction changes by 5% or more and it is necessary to impose an objective standard beyond those in effect when the development application was submitted in order to mitigate or avoid a specific, adverse impact upon the public health or safety.
This bill would instead authorize a local government to apply objective planning standards adopted after the development application was first submitted to the requested modification if the development is revised such that (1) the total square footage of construction increases by 15% or more or the total number of residential units decreases by 15% or more or (2) the total square footage of construction increases by 5% or more or the total number of residential units decreases by 5% or more and it is necessary to impose an objective standard beyond those in effect when the development application was submitted in order to mitigate or avoid a specific, adverse impact upon the public health or safety. By reducing the ability of a local government to impose objective planning standards adopted after the development application was first submitted when reviewing a requested modification, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
(a)Except as provided in subdivision (r), a development proponent may submit an application for a development that is subject to the streamlined, ministerial approval process provided by subdivision (c) and is not subject to a conditional use permit or any other nonlegislative discretionary approval if the development complies with subdivision (b) and 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 and the site on which it is located satisfy all of the following:
(A)It 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)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)(i)A site that meets the requirements of clause (ii) and satisfies any of the following:
(I)The site is zoned for residential use or residential mixed-use development.
(II)The site has a general plan designation that allows residential use or a mix of residential and nonresidential uses.
(III)The site meets the requirements of Section 65852.24.
(ii)At least two-thirds of the square footage of the development is designated for residential use. Additional density, floor area, and units, and any other concession, incentive, or waiver of development standards granted pursuant to the Density Bonus Law in Section 65915 shall be included in the square footage calculation. The square footage of the development shall not include underground space, such as basements or underground parking garages.
(3)(A)The development proponent has committed to record, prior to the issuance of the first building permit, a land use restriction or covenant providing that any lower or moderate-income housing units required pursuant to subparagraph (B) of paragraph (4) shall remain available at affordable housing costs or rent to persons and families of lower or moderate income for no less than the following periods of time:
(i)Fifty-five years for units that are rented.
(ii)Forty-five years for units that are owned.
(B)The city or county shall require the recording of covenants or restrictions implementing this paragraph for each parcel or unit of real property included in the development.
(4)The development satisfies clause (i) or (ii) of subparagraph (A) and satisfies subparagraph (B) below:
(A)(i)For a development located in a locality that is in its sixth or earlier housing element cycle, the development is located in either of the following:
(I)In a locality that the department has determined is subject to this clause on the basis that the number of units that have been issued building permits, as shown on the most recent production report received by the department, 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 subclause until the departments determination for the next reporting period.
(II)In a locality that the department has determined is subject to this clause on the basis that the locality did not adopt a housing element that has been found in substantial compliance with housing element law (Article 10.6 (commencing with Section 65580) of Chapter 3) by the department. A locality shall remain eligible under this subclause until such time as the locality adopts a housing element that has been found in substantial compliance with housing element law (Article 10.6 (commencing with Section 65580) of Chapter 3) by the department.
(ii)For a development located in a locality that is in its seventh or later housing element cycle, is located in a locality that the department has determined is subject to this clause on the basis that the locality did not adopt a housing element that has been found in substantial compliance with housing element law (Article 10.6 (commencing with Section 65580) of Chapter 3) by the department by the statutory deadline, or that the number of units that have been issued building permits, as shown on the most recent production report received by the department, 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.
(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 adopt a housing element pursuant to Section 65588 that has been found in substantial compliance with the housing element law (Article 10.6 (commencing with Section 65580) of Chapter 3) by the department, did not submit its latest production report to the department by the time period required by Section 65400, or that production report submitted to the department reflects that there were fewer units of above moderate-income housing issued building permits 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 does one of the following:
(I)For for-rent projects, the project dedicates a minimum of 10 percent of the total number of units, before calculating any density bonus, to housing affordable to households making at or below 50 percent of the area median income. However, 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 50 percent of the area median income, that local ordinance applies.
(II)For for-sale projects, the project dedicates a minimum of 10 percent of the total number of units, before calculating any density bonus, to housing affordable to households making at or below 80 percent of the area median income. However, 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 local ordinance applies.
(III)(ia)If the project is located within the San Francisco Bay area, the project, in lieu of complying with subclause (I) or (II), may opt to abide by this subclause. Projects utilizing this subclause shall dedicate 20 percent of the total number of units, before calculating any density bonus, to housing affordable to households making below 100 percent of the area median income with the average income of the units at or below 80 percent of the area median income. However, a local ordinance adopted by the locality applies if it requires greater than 20 percent of the units be dedicated to housing affordable to households making at or below 100 percent of the area median income, or requires that any of the units be dedicated at a level deeper than 100 percent. In order to comply with this subclause, the rent or sale price charged for units that are dedicated to housing affordable to households between 80 percent and 100 percent of the area median income shall not exceed 30 percent of the gross income of the household.
(ib)For purposes of this subclause, San Francisco Bay area means the entire area within the territorial boundaries of the Counties of Alameda, Contra Costa, Marin, Napa, San Mateo, Santa Clara, Solano, and Sonoma, and the City and County of San Francisco.
(ii)(I)The localitys latest production report reflects that there were fewer units of housing issued building permits 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, and one of the following conditions exist:
(ia)The project seeking approval dedicates 50 percent of the total number of units, before calculating any density bonus, to housing affordable to households making at or below 80 percent of the area median income.
(ib)The project application was submitted prior to January 1, 2019, and the project includes at least 500 units of housing, the project seeking approval or seeking a modification to a prior approval dedicates 20 percent of the total number of units, before calculating any density bonus, as affordable units, with at least 9 percent affordable to households making at or below 50 percent of the area median income and the remainder affordable to households making at or below 80 percent of the area median income.
(II)Notwithstanding the conditions described in sub-subclauses (ia) and (ib) of subclause (I), if the locality has adopted a local ordinance that requires that greater than 50 percent, or greater than 20 percent as applicable, of the units be dedicated to housing affordable to households making at or below 80 percent of the area median income, that local ordinance applies.
(III)For purposes of this clause, the reference to units affordable to very low income households includes units affordable to acutely low income households, as defined in Section 50063.5 of the Health and Safety Code, and to extremely low income households, as defined in Section 50106 of the Health and Safety Code.
(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 both income levels described in clauses (i) and (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).
(C)(i)A development proponent that uses a unit of affordable housing to satisfy the requirements of subparagraph (B) may also satisfy any other local or state requirement for affordable housing, including local ordinances or the Density Bonus Law in Section 65915, provided that the development proponent complies with the applicable requirements in the state or local law. If a local requirement for affordable housing requires units that are restricted to households with incomes higher than the applicable income limits required in subparagraph (B), then units that meet the applicable income limits required in subparagraph (B) shall be deemed to satisfy those local requirements for higher income units.
(ii)A development proponent that uses a unit of affordable housing to satisfy any other state or local affordability requirement may also satisfy the requirements of subparagraph (B), provided that the development proponent complies with applicable requirements of subparagraph (B).
(iii)A development proponent may satisfy the affordability requirements of subparagraph (B) with a unit that is restricted to households with incomes lower than the applicable income limits required in subparagraph (B).
(D)The amendments to this subdivision made by the act adding this subparagraph do not constitute a change in, but are declaratory of, existing law.
(5)The development, excluding any additional density or any other concessions, incentives, or waivers of development standards for which the development is eligible pursuant to the Density Bonus Law in Section 65915, is consistent with objective zoning standards, objective subdivision standards, and objective design review standards in effect at the time that the development is submitted to the local government pursuant to this section, or at the time a notice of intent is submitted pursuant to subdivision (b), whichever occurs earlier. For purposes of this paragraph, objective zoning standards, objective subdivision standards, and objective design review standards mean standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official before submittal. These standards may be embodied in alternative objective land use specifications adopted by a city or county, and may include, but are not limited to, housing overlay zones, specific plans, inclusionary zoning ordinances, and density bonus ordinances, subject to the following:
(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, subdivision, or design review standards are mutually inconsistent, a development shall be deemed consistent with the objective zoning and subdivision standards pursuant to this subdivision if the development is consistent with the standards set forth in the general plan.
(C)It is the intent of the Legislature that the objective zoning standards, objective subdivision standards, and objective design review standards described in this paragraph be adopted or amended in compliance with the requirements of Chapter 905 of the Statutes of 2004.
(D)The amendments to this subdivision made by the act adding this subparagraph do not constitute a change in, but are declaratory of, existing law.
(E)A project that satisfies the requirements of Section 65852.24 shall be deemed consistent with objective zoning standards, objective design standards, and objective subdivision standards if the project is consistent with the provisions of subdivision (b) of Section 65852.24 and if none of the square footage in the project is designated for hotel, motel, bed and breakfast inn, or other transient lodging use, except for a residential hotel. For purposes of this subdivision, residential hotel shall have the same meaning as defined in Section 50519 of the Health and Safety Code.
(6)The development is not located on a site that is any of the following:
(A)(i)An area of the coastal zone subject to paragraph (1) or (2) of subdivision (a) of Section 30603 of the Public Resources Code.
(ii)An area of the coastal zone that is not subject to a certified local coastal program or a certified land use plan.
(iii)An area of the coastal zone that is vulnerable to five feet of sea level rise, as determined by the National Oceanic and Atmospheric Administration, the Ocean Protection Council, the United States Geological Survey, the University of California, or a local governments coastal hazards vulnerability assessment.
(iv)In a parcel within the coastal zone that is not zoned for multifamily housing.
(v)In a parcel in the coastal zone and located on either of the following:
(I)On, or within a 100-foot radius of, a wetland, as defined in Section 30121 of the Public Resources Code.
(II)On prime agricultural land, as defined in Sections 30113 and 30241 of the Public Resources Code.
(B)Either prime farmland or farmland of statewide importance, as defined pursuant to the 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 the state responsibility area, as defined in Section 4102 of the Public Resources Code. This subparagraph does not apply to sites that have adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development, including, but not limited to, standards established under all of the following or their successor provisions:
(i)Section 4291 of the Public Resources Code or Section 51182, as applicable.
(ii)Section 4290 of the Public Resources Code.
(iii)Chapter 7A of the California Building Code (Title 24 of the California Code of Regulations).
(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 either of the following apply:
(i)The site is an underground storage tank site that received a uniform closure letter issued pursuant to subdivision (g) of Section 25296.10 of the Health and Safety Code based on closure criteria established by the State Water Resources Control Board for residential use or residential mixed uses. This section does not alter or change the conditions to remove a site from the list of hazardous waste sites listed pursuant to Section 65962.5.
(ii)The State Department of Public Health, State Water Resources Control Board, Department of Toxic Substances Control, or a local agency making a determination pursuant to subdivision (c) of Section 25296.10 of the Health and Safety Code, has otherwise determined that the site is suitable 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 special flood hazard area subject to inundation by the 1 percent annual chance flood (100-year flood) as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency. If a development proponent is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this subparagraph and is otherwise eligible for streamlined approval under this section, a local government shall not deny the application on the basis that the development proponent did not comply with any additional permit requirement, standard, or action adopted by that local government that is applicable to that site. A development may be located on a site described in this subparagraph if either of the following are met:
(i)The site has been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction.
(ii)The site meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program 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 regulatory floodway as determined by the Federal Emergency Management Agency in any official maps published 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. If a development proponent is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this subparagraph and is otherwise eligible for streamlined approval under this section, a local government shall not deny the application on the basis that the development proponent did not comply with any additional permit requirement, standard, or action adopted by that local government that is applicable to that site.
(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)Except as provided in paragraph (9), a proponent of a development project approved by a local government pursuant to this section shall require in contracts with construction contractors, and shall certify to the local government, that the following standards specified in this paragraph will be met in project construction, as applicable:
(A)A development that is not in its entirety a public work for purposes of Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code and approved by a local government pursuant to Article 2 (commencing with Section 65912.110) or Article 3 (commencing with Section 65912.120) shall be subject to all of the following:
(i)All construction workers employed in the execution of the development shall 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.
(ii)The development proponent shall ensure that the prevailing wage requirement is included in all contracts for the performance of the work, and shall also provide notice of all contracts for the performance of the work to the Department of Industrial Relations, in accordance with Section 1773.35 of the Labor Code, for those portions of the development that are not a public work.
(iii)All contractors and subcontractors for those portions of the development that are not a public work shall comply with all of the following:
(I)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.
(II)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 that section. This subclause does 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 subclause, project labor agreement has the same meaning as set forth in paragraph (1) of subdivision (b) of Section 2500 of the Public Contract Code.
(III)Be registered in accordance with Section 1725.6 of the Labor Code.
(B)(i)The obligation of the contractors and subcontractors to pay prevailing wages pursuant to this paragraph may be enforced by any of the following:
(I)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.
(II)An underpaid worker through an administrative complaint or civil action.
(III)A joint labor-management committee through a civil action under Section 1771.2 of the Labor Code.
(ii)If a civil wage and penalty assessment is issued pursuant to this paragraph, 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.
(iii)This paragraph does 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.
(C)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 does not apply to those portions of a development that are not a public work if otherwise provided in a bona fide collective bargaining agreement covering the worker.
(D)The requirement of this paragraph 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.
(E)A development of 50 or more housing units approved by a local government pursuant to this section shall meet all of the following labor standards:
(i)The development proponent shall require in contracts with construction contractors and shall certify to the local government that each contractor of any tier who will employ construction craft employees or will let subcontracts for at least 1,000 hours shall satisfy the requirements in clauses (ii) and (iii). A construction contractor is deemed in compliance with clauses (ii) and (iii) if it is signatory to a valid collective bargaining agreement that requires utilization of registered apprentices and expenditures on health care for employees and dependents.
(ii)A contractor with construction craft employees shall either participate in an apprenticeship program approved by the California Division of Apprenticeship Standards pursuant to Section 3075 of the Labor Code, or request the dispatch of apprentices from a state-approved apprenticeship program under the terms and conditions set forth in Section 1777.5 of the Labor Code. A contractor without construction craft employees shall show a contractual obligation that its subcontractors comply with this clause.
(iii)Each contractor with construction craft employees shall make health care expenditures for each employee in an amount per hour worked on the development equivalent to at least the hourly pro rata cost of a Covered California Platinum level plan for two adults 40 years of age and two dependents 0 to 14 years of age for the Covered California rating area in which the development is located. A contractor without construction craft employees shall show a contractual obligation that its subcontractors comply with this clause. Qualifying expenditures shall be credited toward compliance with prevailing wage payment requirements set forth in this paragraph.
(iv)(I)The development proponent shall provide to the local government, on a monthly basis while its construction contracts on the development are being performed, a report demonstrating compliance with clauses (ii) and (iii). The reports shall be considered public records under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1) and shall be open to public inspection.
(II)A development proponent that fails to provide the monthly report shall be subject to a civil penalty for each month for which the report has not been provided, in the amount of 10 percent of the dollar value of construction work performed by that contractor on the development in the month in question, up to a maximum of ten thousand dollars ($10,000). Any contractor or subcontractor that fails to comply with clauses (ii) and (iii) shall be subject to a civil penalty of two hundred dollars ($200) per day for each worker employed in contravention of clauses (ii) and (iii).
(III)Penalties may be assessed by the Labor Commissioner within 18 months of completion of the development using the procedures for issuance of civil wage and penalty assessments specified in Section 1741 of the Labor Code, and may be reviewed pursuant to Section 1742 of the Labor Code. Penalties shall be deposited in the State Public Works Enforcement Fund established pursuant to Section 1771.3 of the Labor Code.
(v)Each construction contractor shall maintain and verify payroll records pursuant to Section 1776 of the Labor Code. Each construction contractor shall submit payroll records directly to the Labor Commissioner at least monthly in a format prescribed by the Labor Commissioner in accordance with subparagraph (A) of paragraph (3) of subdivision (a) of Section 1771.4 of the Labor Code. The records shall include a statement of fringe benefits. Upon request by a joint labor-management cooperation committee established pursuant to the federal Labor Management Cooperation Act of 1978 (29 U.S.C. Sec. 175a), the records shall be provided pursuant to subdivision (e) of Section 1776 of the Labor Code.
(vi)All construction contractors shall report any change in apprenticeship program participation or health care expenditures to the local government within 10 business days, and shall reflect those changes on the monthly report. The reports shall be considered public records pursuant to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1) and shall be open to public inspection.
(vii)A joint labor-management cooperation committee established pursuant to the federal Labor Management Cooperation Act of 1978 (29 U.S.C. Sec. 175a) shall have standing to sue a construction contractor for failure to make health care expenditures pursuant to clause (iii) in accordance with Section 218.7 or 218.8 of the Labor Code.
(F)For any project over 85 feet in height above grade, the following skilled and trained workforce provisions apply:
(i)Except as provided in clause (ii), the developer shall enter into construction contracts with prime contractors only if all of the following are satisfied:
(I)The contract contains an enforceable commitment that the prime contractor and subcontractors at every tier will use a skilled and trained workforce, as defined in Section 2601 of the Public Contract Code, to perform work on the project that falls within an apprenticeable occupation in the building and construction trades. However, this enforceable commitment requirement shall not apply to any scopes of work where new bids are accepted pursuant to subclause (I) of clause (ii).
(II)The developer or prime contractor shall establish minimum bidding requirements for subcontractors that are objective to the maximum extent possible. The developer or prime contractor shall not impose any obstacles in the bid process for subcontractors that go beyond what is reasonable and commercially customary. The developer or prime contractor must accept bids submitted by any bidder that meets the minimum criteria set forth in the bid solicitation.
(III)The prime contractor has provided an affidavit under penalty of perjury that, in compliance with this subparagraph, it will use a skilled and trained workforce and will obtain from its subcontractors an enforceable commitment to use a skilled and trained workforce for each scope of work in which it receives at least three bids attesting to satisfaction of the skilled and trained workforce requirements.
(IV)When a prime contractor or subcontractor is required to provide an enforceable commitment that a skilled and trained workforce will be used to complete a contract or project, the commitment shall be made in an enforceable agreement with the developer that provides the following:
(ia)The prime contractor and subcontractors at every tier will comply with this chapter.
(ib)The prime contractor will provide the developer, on a monthly basis while the project or contract is being performed, a report demonstrating compliance by the prime contractor.
(ic)The prime contractor shall provide the developer, on a monthly basis while the project or contract is being performed, the monthly reports demonstrating compliance submitted to the prime contractor by the affected subcontractors.
(ii)(I)If a prime contractor fails to receive at least three bids in a scope of construction work from subcontractors that attest to satisfying the skilled and trained workforce requirements as described in this subparagraph, the prime contractor may accept new bids for that scope of work. The prime contractor need not require that a skilled and trained workforce be used by the subcontractors for that scope of work.
(II)The requirements of this subparagraph shall not apply if all contractors, subcontractors, and craft unions performing work on the development are subject to a multicraft 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. The multicraft project labor agreement shall include all construction crafts with applicable coverage determinations for the specified scopes of work on the project pursuant to Section 1773 of the Labor Code and shall be executed by all applicable labor organizations regardless of affiliation. For purposes of this clause, project labor agreement means a prehire collective bargaining agreement that establishes terms and conditions of employment for a specific construction project or projects and is an agreement described in Section 158(f) of Title 29 of the United States Code.
(III)Requirements set forth in this subparagraph shall not apply to projects where 100 percent of the units, exclusive of a managers unit or units, are dedicated to lower income households, as defined in Section 50079.5 of the Health and Safety Code.
(iii)If the skilled and trained workforce requirements of this subparagraph apply, the prime contractor shall require subcontractors to provide, and subcontractors on the project shall provide, the following to the prime contractor:
(I)An affidavit signed under penalty of perjury that a skilled and trained workforce shall be employed on the project.
(II)Reports on a monthly basis, while the project or contract is being performed, demonstrating compliance with this chapter.
(iv)Upon issuing any invitation or bid solicitation for the project, but no less than seven days before the bid is due, the developer shall send a notice of the invitation or solicitation that describes the project to the following entities within the jurisdiction of the proposed project site:
(I)Any bona fide labor organization representing workers in the building and construction trades who may perform work necessary to complete the project and the local building and construction trades council.
(II)Any organization representing contractors that may perform work necessary to complete the project, including any contractors association or regional builders exchange.
(v)The developer or prime contractor shall, within three business days of a request by a joint labor-management cooperation committee established pursuant to the federal Labor Management Cooperation Act of 1978 (29 U.S.C. Sec. 175a), provide all of the following:
(I)The names and Contractors State License Board numbers of the prime contractor and any subcontractors that submitted a proposal or bid for the development project.
(II)The names and Contractors State License Board numbers of contractors and subcontractors that are under contract to perform construction work.
(vi)(I)For all projects subject to this subparagraph, the development proponent shall provide to the locality, on a monthly basis while the project or contract is being performed, a report demonstrating that the self-performing prime contractor and all subcontractors used a skilled and trained workforce, as defined in Section 2601 of the Public Contract Code, unless otherwise exempt under this subparagraph. A monthly report provided to the locality pursuant to this subclause shall be a public record under the California Public Records Act Division 10 (commencing with Section 7920.000) of Title 1 and shall be open to public inspection. A developer that fails to provide a complete monthly report shall be subject to a civil penalty of 10 percent of the dollar value of construction work performed by that contractor on the project in the month in question, up to a maximum of ten thousand dollars ($10,000) per month for each month for which the report has not been provided.
(II)Any subcontractors or prime contractor self-performing work subject to the skilled and trained workforce requirements under this subparagraph that fail 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 project using the same 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. Prime contractors shall not be jointly liable for violations of this subparagraph by subcontractors. Penalties shall be paid to the State Public Works Enforcement Fund or the locality or its labor standards enforcement agency, depending on the lead entity performing the enforcement work.
(III)Any provision of a contract or agreement of any kind between a developer and a prime contractor that purports to delegate, transfer, or assign to a prime contractor any obligations of or penalties incurred by a developer shall be deemed contrary to public policy and shall be void and unenforceable.
(G)A locality, and any labor standards enforcement agency the locality lawfully maintains, shall have standing to take administrative action or sue a construction contractor for failure to comply with this paragraph. A prevailing locality or labor standards enforcement agency shall distribute any wages and penalties to workers in accordance with law and retain any fees, additional penalties, or assessments.
(9)Notwithstanding paragraph (8), a development that is subject to approval pursuant to this section is exempt from any requirement to pay prevailing wages, use a workforce participating in an apprenticeship, or provide health care expenditures if it satisfies both of the following:
(A)The project consists of 10 or fewer units.
(B)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.
(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)(A)(i)Before submitting an application for a development subject to the streamlined, ministerial approval process described in subdivision (c), the development proponent shall submit to the local government a notice of its intent to submit an application. The notice of intent shall be in the form of a preliminary application that includes all of the information described in Section 65941.1, as that section read on January 1, 2020.
(ii)Upon receipt of a notice of intent to submit an application described in clause (i), the local government shall engage in a scoping consultation regarding the proposed development with any California Native American tribe that is traditionally and culturally affiliated with the geographic area, as described in Section 21080.3.1 of the Public Resources Code, of the proposed development. In order to expedite compliance with this subdivision, the local government shall contact the Native American Heritage Commission for assistance in identifying any California Native American tribe that is traditionally and culturally affiliated with the geographic area of the proposed development.
(iii)The timeline for noticing and commencing a scoping consultation in accordance with this subdivision shall be as follows:
(I)The local government shall provide a formal notice of a development proponents notice of intent to submit an application described in clause (i) to each California Native American tribe that is traditionally and culturally affiliated with the geographic area of the proposed development within 30 days of receiving that notice of intent. The formal notice provided pursuant to this subclause shall include all of the following:
(ia)A description of the proposed development.
(ib)The location of the proposed development.
(ic)An invitation to engage in a scoping consultation in accordance with this subdivision.
(II)Each California Native American tribe that receives a formal notice pursuant to this clause shall have 30 days from the receipt of that notice to accept the invitation to engage in a scoping consultation.
(III)If the local government receives a response accepting an invitation to engage in a scoping consultation pursuant to this subdivision, the local government shall commence the scoping consultation within 30 days of receiving that response.
(B)The scoping consultation shall recognize that California Native American tribes traditionally and culturally affiliated with a geographic area have knowledge and expertise concerning the resources at issue and shall take into account the cultural significance of the resource to the culturally affiliated California Native American tribe.
(C)The parties to a scoping consultation conducted pursuant to this subdivision shall be the local government and any California Native American tribe traditionally and culturally affiliated with the geographic area of the proposed development. More than one California Native American tribe traditionally and culturally affiliated with the geographic area of the proposed development may participate in the scoping consultation. However, the local government, upon the request of any California Native American tribe traditionally and culturally affiliated with the geographic area of the proposed development, shall engage in a separate scoping consultation with that California Native American tribe. The development proponent and its consultants may participate in a scoping consultation process conducted pursuant to this subdivision if all of the following conditions are met:
(i)The development proponent and its consultants agree to respect the principles set forth in this subdivision.
(ii)The development proponent and its consultants engage in the scoping consultation in good faith.
(iii)The California Native American tribe participating in the scoping consultation approves the participation of the development proponent and its consultants. The California Native American tribe may rescind its approval at any time during the scoping consultation, either for the duration of the scoping consultation or with respect to any particular meeting or discussion held as part of the scoping consultation.
(D)The participants to a scoping consultation pursuant to this subdivision shall comply with all of the following confidentiality requirements:
(i)Section 7927.000.
(ii)Section 7927.005.
(iii)Subdivision (c) of Section 21082.3 of the Public Resources Code.
(iv)Subdivision (d) of Section 15120 of Title 14 of the California Code of Regulations.
(v)Any additional confidentiality standards adopted by the California Native American tribe participating in the scoping consultation.
(E)The California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) shall not apply to a scoping consultation conducted pursuant to this subdivision.
(2)(A)If, after concluding the scoping consultation, the parties find that no potential tribal cultural resource would be affected by the proposed development, the development proponent may submit an application for the proposed development that is subject to the streamlined, ministerial approval process described in subdivision (c).
(B)If, after concluding the scoping consultation, the parties find that a potential tribal cultural resource could be affected by the proposed development and an enforceable agreement is documented between the California Native American tribe and the local government on methods, measures, and conditions for tribal cultural resource treatment, the development proponent may submit the application for a development subject to the streamlined, ministerial approval process described in subdivision (c). The local government shall ensure that the enforceable agreement is included in the requirements and conditions for the proposed development.
(C)If, after concluding the scoping consultation, the parties find that a potential tribal cultural resource could be affected by the proposed development and an enforceable agreement is not documented between the California Native American tribe and the local government regarding methods, measures, and conditions for tribal cultural resource treatment, the development shall not be eligible for the streamlined, ministerial approval process described in subdivision (c).
(D)For purposes of this paragraph, a scoping consultation shall be deemed to be concluded if either of the following occur:
(i)The parties to the scoping consultation document an enforceable agreement concerning methods, measures, and conditions to avoid or address potential impacts to tribal cultural resources that are or may be present.
(ii)One or more parties to the scoping consultation, acting in good faith and after reasonable effort, conclude that a mutual agreement on methods, measures, and conditions to avoid or address impacts to tribal cultural resources that are or may be present cannot be reached.
(E)If the development or environmental setting substantially changes after the completion of the scoping consultation, the local government shall notify the California Native American tribe of the changes and engage in a subsequent scoping consultation if requested by the California Native American tribe.
(3)A local government may only accept an application for streamlined, ministerial approval pursuant to this section if one of the following applies:
(A)A California Native American tribe that received a formal notice of the development proponents notice of intent to submit an application pursuant to subclause (I) of clause (iii) of subparagraph (A) of paragraph (1) did not accept the invitation to engage in a scoping consultation.
(B)The California Native American tribe accepted an invitation to engage in a scoping consultation pursuant to subclause (II) of clause (iii) of subparagraph (A) of paragraph (1) but substantially failed to engage in the scoping consultation after repeated documented attempts by the local government to engage the California Native American tribe.
(C)The parties to a scoping consultation pursuant to this subdivision find that no potential tribal cultural resource will be affected by the proposed development pursuant to subparagraph (A) of paragraph (2).
(D)A scoping consultation between a California Native American tribe and the local government has occurred in accordance with this subdivision and resulted in agreement pursuant to subparagraph (B) of paragraph (2).
(4)A project shall not be eligible for the streamlined, ministerial process described in subdivision (c) if any of the following apply:
(A)There is a tribal cultural resource that is on a national, state, tribal, or local historic register list located on the site of the project.
(B)There is a potential tribal cultural resource that could be affected by the proposed development and the parties to a scoping consultation conducted pursuant to this subdivision do not document an enforceable agreement on methods, measures, and conditions for tribal cultural resource treatment, as described in subparagraph (C) of paragraph (2).
(C)The parties to a scoping consultation conducted pursuant to this subdivision do not agree as to whether a potential tribal cultural resource will be affected by the proposed development.
(5)(A)If, after a scoping consultation conducted pursuant to this subdivision, a project is not eligible for the streamlined, ministerial approval process described in subdivision (c) for any or all of the following reasons, the local government shall provide written documentation of that fact, and an explanation of the reason for which the project is not eligible, to the development proponent and to any California Native American tribe that is a party to that scoping consultation:
(i)There is a tribal cultural resource that is on a national, state, tribal, or local historic register list located on the site of the project, as described in subparagraph (A) of paragraph (4).
(ii)The parties to the scoping consultation have not documented an enforceable agreement on methods, measures, and conditions for tribal cultural resource treatment, as described in subparagraph (C) of paragraph (2) and subparagraph (B) of paragraph (4).
(iii)The parties to the scoping consultation do not agree as to whether a potential tribal cultural resource will be affected by the proposed development, as described in subparagraph (C) of paragraph (4).
(B)The written documentation provided to a development proponent pursuant to this paragraph shall include information on how the development proponent may seek a conditional use permit or other discretionary approval of the development from the local government.
(6)This section is not intended, and shall not be construed, to limit consultation and discussion between a local government and a California Native American tribe pursuant to other applicable law, confidentiality provisions under other applicable law, the protection of religious exercise to the fullest extent permitted under state and federal law, or the ability of a California Native American tribe to submit information to the local government or participate in any process of the local government.
(7)For purposes of this subdivision:
(A)Consultation means the meaningful and timely process of seeking, discussing, and considering carefully the views of others, in a manner that is cognizant of all parties cultural values and, where feasible, seeking agreement. Consultation between local governments and Native American tribes shall be conducted in a way that is mutually respectful of each partys sovereignty. Consultation shall also recognize the tribes potential needs for confidentiality with respect to places that have traditional tribal cultural importance. A lead agency shall consult the tribal consultation best practices described in the State of California Tribal Consultation Guidelines: Supplement to the General Plan Guidelines prepared by the Office of Planning and Research.
(B)Scoping means the act of participating in early discussions or investigations between the local government and California Native American tribe, and the development proponent if authorized by the California Native American tribe, regarding the potential effects a proposed development could have on a potential tribal cultural resource, as defined in Section 21074 of the Public Resources Code, or California Native American tribe, as defined in Section 21073 of the Public Resources Code.
(8)This subdivision shall not apply to any project that has been approved under the streamlined, ministerial approval process provided under this section before the effective date of the act adding this subdivision.
(c)(1)Notwithstanding any local law, if a local governments planning director or equivalent position determines that a development submitted pursuant to this section is consistent with the objective planning standards specified in subdivision (a) and pursuant to paragraph (3) of this subdivision, the local government shall approve the development. Upon a determination that a development submitted pursuant to this section is in conflict with any of the objective planning standards specified in subdivision (a), the local government staff or relevant local planning and permitting department that made the determination 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.
(C)Within 30 days of submittal of any development proposal that was resubmitted to address written feedback provided by the local government pursuant to this paragraph.
(2)If the local governments planning director or equivalent position 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).
(3)For purposes of this section, a development is consistent with the objective planning standards specified in subdivision (a) if there is substantial evidence that would allow a reasonable person to conclude that the development is consistent with the objective planning standards. The local government shall not determine that a development, including an application for a modification under subdivision (h), is in conflict with the objective planning standards on the basis that application materials are not included, if the application contains substantial evidence that would allow a reasonable person to conclude that the development is consistent with the objective planning standards.
(4)Upon submittal of an application for streamlined, ministerial approval pursuant to this section to the local government, all departments of the local government that are required to issue an approval of the development prior to the granting of an entitlement shall comply with the requirements of this section within the time periods specified in paragraph (1).
(d)(1)Any design review of the development may be conducted by the local governments planning commission or any equivalent board or commission responsible for design review. That design review shall be objective and be strictly focused on assessing compliance with criteria required for streamlined 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 shall be completed, and if the development is consistent with all objective standards, the local government shall approve the development as follows and shall not in any way inhibit, chill, or preclude the ministerial approval provided by this section or its effect, as applicable:
(A)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.
(B)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.
(2)An application for a subdivision pursuant to the Subdivision Map Act (Division 2 (commencing with Section 66410)) shall be exempt from the requirements of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) and shall be subject to the public oversight timelines set forth in paragraph (1) if the development is consistent with the requirements of this section, including, but not limited to, paragraph (8) of subdivision (a), and all objective subdivision standards in the local subdivision ordinance, and meets at least one of the following requirements:
(A)The development has received or will receive financing or funding by means of a low-income housing tax credit.
(B)The development is located on a legal parcel or parcels within either of the following:
(i)An incorporated city, the boundaries of which include some portion of an urbanized area.
(ii)An urbanized area or urban cluster in a county with a population greater than 250,000 based on the most recent United States Census Bureau data.
(iii)For purposes of this subparagraph, the following definitions apply:
(I)Urbanized area means an urbanized area designated by the United States Census Bureau, as published in the Federal Register, Volume 77, Number 59, on March 27, 2012.
(II)Urban cluster means an urban cluster designated by the United States Census Bureau, as published in the Federal Register, Volume 77, Number 59, on March 27, 2012.
(3)If a local government determines that a development submitted pursuant to this section is in conflict with any of the standards imposed pursuant to paragraph (1), it shall provide the development proponent written documentation of which objective standard or standards the development conflicts with, and an explanation for the reason or reasons the development conflicts with that objective standard or standards consistent with the timelines described in paragraph (1) of subdivision (c).
(e)(1)Notwithstanding any other law, a local government, whether or not it has adopted an ordinance governing automobile parking requirements in multifamily developments, shall not impose automobile 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 automobile parking requirements for streamlined developments approved pursuant to this section that exceed one parking space per unit.
(f)Notwithstanding any law, a local government shall not require any of the following prior to approving a development that meets the requirements of this section:
(1)Studies, information, or other materials that do not pertain directly to determining whether the development is consistent with the objective planning standards applicable to the development.
(2)(A)Compliance with any standards necessary to receive a postentitlement permit.
(B)This paragraph does not prohibit a local agency from requiring compliance with any standards necessary to receive a postentitlement permit after a permit has been issued pursuant to this section.
(C)For purposes of this paragraph, postentitlement permit has the same meaning as provided in subparagraph (A) of paragraph (3) of subdivision (j) of Section 65913.3.
(g)(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 satisfies both of the following requirements:
(A)The project includes public investment in housing affordability, beyond tax credits.
(B)At least 50 percent of the units are affordable to households making at or below 80 percent of the area median income.
(2)(A)If a local government approves a development pursuant to this section, and the project does not satisfy the requirements of subparagraphs (A) and (B) of paragraph (1), that approval shall remain valid for three years from the date of the final action establishing that approval, or if litigation is filed challenging that approval, from the date of the final judgment upholding that approval. Approval shall remain valid for a project provided construction activity, including demolition and grading activity, on the development site that has begun pursuant to a permit issued by the local jurisdiction and is in progress. For purposes of this subdivision, in progress means one of the following:
(i)The construction has begun and has not ceased for more than 180 days.
(ii)If the development requires multiple building permits, an initial phase has been completed, and the project proponent has applied for and is diligently pursuing a building permit for a subsequent phase, provided that once it has been issued, the building permit for the subsequent phase does not lapse.
(B)Notwithstanding subparagraph (A), a local government may grant a project 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 the development proponent requests a modification pursuant to subdivision (h), then the time during which the approval shall remain valid shall be extended for the number of days between the submittal of a modification request and the date of its final approval, plus an additional 180 days to allow time to obtain a building permit. If litigation is filed relating to the modification request, the time shall be further extended during the pendency of the litigation. The extension required by this paragraph shall only apply to the first request for a modification submitted by the development proponent.
(4)The amendments made to this subdivision by the act that added this paragraph shall also be retroactively applied to developments approved prior to January 1, 2022.
(h)(1)(A)A development proponent may request a modification to a development that has been approved under the streamlined, ministerial approval process provided in subdivision (c) if that request is submitted to the local government before the issuance of the final building permit required for construction of the development.
(B)Except as provided in paragraph (3), the local government shall approve a modification if it determines that the modification is consistent with the objective planning standards specified in subdivision (a) that were in effect when the original development application was first submitted.
(C)The local government shall evaluate any modifications requested pursuant to this subdivision for consistency with the objective planning standards using the same assumptions and analytical methodology that the local government originally used to assess consistency for the development that was approved for streamlined, ministerial approval pursuant to subdivision (c).
(D)A guideline that was adopted or amended by the department pursuant to subdivision (n) after a development was approved through the streamlined, ministerial approval process described in subdivision (c) shall not be used as a basis to deny proposed modifications.
(2)Upon receipt of the development proponents application requesting a modification, the local government shall determine if the requested modification is consistent with the objective planning standard and either approve or deny the modification request within 60 days after submission of the modification, or within 90 days if design review is required.
(3)Notwithstanding paragraph (1), the local government may apply objective planning standards adopted after the development application was first submitted to the requested modification in any of the following instances:
(A)The development is revised such that the total square footage of construction increases by 15 percent or more or the total number of residential units decreases by 15 percent or more. The calculation of the square footage of construction increases shall not include underground space.
(B)The development is revised such that the total square footage of construction increases by 5 percent or more or the total number of residential units decreases by 5 percent or more and it is necessary to subject the development to an objective standard beyond those in effect when the development application was submitted in order to mitigate or avoid a specific, adverse impact, as that term is defined in subparagraph (A) of paragraph (1) of subdivision (j) of Section 65589.5, upon the public health or safety and there is no feasible alternative method to satisfactorily mitigate or avoid the adverse impact. The calculation of the square footage of construction increases shall not include underground space.
(C)(i)Objective building standards contained in the California Building Standards Code (Title 24 of the California Code of Regulations), including, but not limited to, building plumbing, electrical, fire, and grading codes, may be applied to all modification applications that are submitted prior to the first building permit application. Those standards may be applied to modification applications submitted after the first building permit application if agreed to by the development proponent.
(ii)The amendments made to clause (i) by the act that added clause (i) shall also be retroactively applied to modification applications submitted prior to January 1, 2022.
(4)The local governments review of a modification request pursuant to this subdivision shall be strictly limited to determining whether the modification, including any modification to previously approved density bonus concessions or waivers, modify the developments consistency with the objective planning standards and shall not reconsider prior determinations that are not affected by the modification.
(i)(1)A local government shall not adopt or impose any requirement, including, but not limited to, increased fees or inclusionary housing requirements, that applies to a project solely or partially on the basis that the project is eligible to receive ministerial or streamlined approval pursuant to this section.
(2)(A)A local government shall issue a subsequent permit required for a development approved under this section if the application substantially complies with the development as it was approved pursuant to subdivision (c). Upon receipt of an application for a subsequent permit, the local government shall process the permit without unreasonable delay and shall not impose any procedure or requirement that is not imposed on projects that are not approved pursuant to this section. The local government shall consider the application for subsequent permits based upon the objective standards specified in any state or local laws that were in effect when the original development application was submitted, unless the development proponent agrees to a change in objective standards. Issuance of subsequent permits shall implement the approved development, and review of the permit application shall not inhibit, chill, or preclude the development. For purposes of this paragraph, a subsequent permit means a permit required subsequent to receiving approval under subdivision (c), and includes, but is not limited to, demolition, grading, encroachment, and building permits and final maps, if necessary.
(B)The amendments made to subparagraph (A) by the act that added this subparagraph shall also be retroactively applied to subsequent permit applications submitted prior to January 1, 2022.
(3)(A)If a public improvement is necessary to implement a development that is subject to the streamlined, ministerial approval pursuant to this section, including, but not limited to, a bicycle lane, sidewalk or walkway, public transit stop, driveway, street paving or overlay, a curb or gutter, a modified intersection, a street sign or street light, landscape or hardscape, an above-ground or underground utility connection, a water line, fire hydrant, storm or sanitary sewer connection, retaining wall, and any related work, and that public improvement is located on land owned by the local government, to the extent that the public improvement requires approval from the local government, the local government shall not exercise its discretion over any approval relating to the public improvement in a manner that would inhibit, chill, or preclude the development.
(B)If an application for a public improvement described in subparagraph (A) is submitted to a local government, the local government shall do all of the following:
(i)Consider the application based upon any objective standards specified in any state or local laws that were in effect when the original development application was submitted.
(ii)Conduct its review and approval in the same manner as it would evaluate the public improvement if required by a project that is not eligible to receive ministerial or streamlined approval pursuant to this section.
(C)If an application for a public improvement described in subparagraph (A) is submitted to a local government, the local government shall not do either of the following:
(i)Adopt or impose any requirement 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.
(ii)Unreasonably delay in its consideration, review, or approval of the application.
(j)(1)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.
(2)This section shall not prevent a development from also qualifying as a housing development project entitled to the protections of Section 65589.5. This paragraph does not constitute a change in, but is declaratory of, existing law.
(k)The California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) does not apply to actions taken by a state agency, local government, or the San Francisco Bay Area Rapid Transit District to:
(1)Lease, convey, or encumber land owned by the local government or the San Francisco Bay Area Rapid Transit District or to facilitate the lease, conveyance, or encumbrance of land owned by the local government, or for the lease of land owned by the San Francisco Bay Area Rapid Transit District in association with an eligible TOD project, as defined pursuant to Section 29010.1 of the Public Utilities Code, nor to any decisions associated with that lease, or to provide financial assistance to a development that receives streamlined approval pursuant to this section that is to be used for housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code.
(2)Approve improvements located on land owned by the local government or the San Francisco Bay Area Rapid Transit District that are necessary to implement a development that receives streamlined approval pursuant to this section that is to be used for housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code.
(l)For purposes of establishing the total number of units in a development under this chapter, a development or development project includes both of the following:
(1)All projects developed on a site, regardless of when those developments occur.
(2)All projects developed on sites adjacent to a site developed pursuant to this chapter if, after January 1, 2023, the adjacent site had been subdivided from the site developed pursuant to this chapter.
(m)For purposes of this section, the following terms have the following meanings:
(1)Affordable housing cost has the same meaning as set forth in Section 50052.5 of the Health and Safety Code.
(2)(A)Subject to the qualification provided by subparagraphs (B) and (C), affordable rent has the same meaning as set forth in Section 50053 of the Health and Safety Code.
(B)For a development for which an application pursuant to this section was submitted prior to January 1, 2019, that includes 500 units or more of housing, and that dedicates 20 percent of the total number of units, before calculating any density bonus, to housing affordable to households making at, or below, 80 percent of the area median income, affordable rent for at least 30 percent of these units shall be set at an affordable rent as defined in subparagraph (A) and affordable rent for the remainder of these units shall mean a rent that is consistent with the maximum rent levels for a housing development that receives an allocation of state or federal low-income housing tax credits from the California Tax Credit Allocation Committee.
(C)For a development that dedicates 100 percent of units, exclusive of a managers unit or units, to lower income households, affordable rent shall mean a rent that is consistent with the maximum rent levels stipulated by the public program providing financing for the development.
(3)Department means the Department of Housing and Community Development.
(4)Development proponent means the developer who submits a housing development project application to a local government under the streamlined ministerial review process pursuant to this section.
(5)Completed entitlements means a housing development that has received all the required land use approvals or entitlements necessary for the issuance of a building permit.
(6)Health care expenditures include contributions under Section 401(a), 501(c), or 501(d) of the Internal Revenue Code and payments toward medical care, as defined in Section 213(d)(1) of the Internal Revenue Code.
(7)Housing development project has the same meaning as in Section 65589.5.
(8)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.
(9)Moderate-income housing units means housing units with an affordable housing cost or affordable rent for persons and families of moderate income, as that term is defined in Section 50093 of the Health and Safety Code.
(10)Production report means the information reported pursuant to subparagraph (H) of paragraph (2) of subdivision (a) of Section 65400.
(11)State agency includes every state office, officer, department, division, bureau, board, and commission, but does not include the California State University or the University of California.
(12)(A)Reporting period means either of the following:
(i)The first half of the regional housing needs assessment cycle.
(ii)The last half of the regional housing needs assessment cycle.
(B)Notwithstanding subparagraph (A), reporting period means annually for the City and County of San Francisco.
(13)Urban uses means any current or former residential, commercial, public institutional, public park that is surrounded by other urban uses, parking lot or structure, transit or transportation passenger facility, or retail use, or any combination of those uses.
(n)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.
(o)The determination of whether an application for a development is subject to the streamlined ministerial approval process provided by subdivision (c) is not a project as defined in Section 21065 of the Public Resources Code.
(p)Notwithstanding any other law, for purposes of this section and for development in compliance with the requirements of this section on property owned by or leased to the state, the Department of General Services may act in the place of a locality or local government, at the discretion of the department.
(q)(1)For developments proposed in a census tract that is designated either as a moderate resource area, low resource area, or an area of high segregation and poverty on the most recent CTCAC/HCD Opportunity Map published by the California Tax Credit Allocation Committee and the Department of Housing and Community Development, within 45 days after receiving a notice of intent, as described in subdivision (b), and before the development proponent submits an application for the proposed development that is subject to the streamlined, ministerial approval process described in subdivision (c), the local government shall provide for a public meeting to be held by the city council or county board of supervisors to provide an opportunity for the public and the local government to comment on the development.
(2)The public meeting shall be held at a regular meeting and be subject to the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5).
(3)If the development proposal is located within a city with a population of greater than 250,000 or the unincorporated area of a county with a population of greater than 250,000, the public meeting shall be held by the jurisdictions planning commission.
(4)Comments may be provided by testimony during the meeting or in writing at any time before the meeting concludes.
(5)The development proponent shall attest in writing that it attended the meeting described in paragraph (1) and reviewed the public testimony and written comments from the meeting in its application for the proposed development that is subject to the streamlined, ministerial approval process described in subdivision (c).
(6)If the local government fails to hold the hearing described in paragraph (1) within 45 days after receiving the notice of intent, the development proponent shall hold a public meeting on the proposed development before submitting an application pursuant to this section.
(r)(1)This section shall not apply to applications for developments proposed on qualified sites that are submitted on or after January 1, 2024, but before July 1, 2025.
(2)For purposes of this subdivision, qualified site means a site that meets the following requirements:
(A)The site is located within an equine or equestrian district designated by a general plan or specific or master plan, which may include a specific narrative reference to a geographically determined area or map of the same. Parcels adjoined and only separated by a street or highway shall be considered to be within an equestrian district.
(B)As of January 1, 2024, the general plan applicable to the site contains, and has contained for five or more years, an equine or equestrian district designation where the site is located.
(C)As of January 1, 2024, the equine or equestrian district applicable to the site is not zoned to include residential uses, but authorizes residential uses with a conditional use permit.
(D)The applicable local government has an adopted housing element that is compliant with applicable law.
(3)The Legislature finds and declares that the purpose of this subdivision is to allow local governments to conduct general plan updates to align their general plan with applicable zoning changes.
(s)The provisions of clause (iii) of subparagraph (E) of paragraph (8) of subdivision (a) relating to health care expenditures are distinct and severable from the remaining provisions of this section. However, the remaining portions of paragraph (8) of subdivision (a) are a material and integral part of this section and are not severable. If any provision or application of paragraph (8) of subdivision (a) is held invalid, this entire section shall be null and void.
(t)(1)The changes made to this section by the act adding this subdivision shall apply in a coastal zone, as defined in Division 20 (commencing with Section 30000) of the Public Resources Code, on and after January 1, 2025.
(2)In an area of the coastal zone not excluded under paragraph (6) of subdivision (a), a development that satisfies the requirements of subdivision (a) shall require a coastal development permit pursuant to Chapter 7 (commencing with Section 30600) of Division 20 of the Public Resources Code. A public agency with coastal development permitting authority shall approve a coastal development permit if it determines that the development is consistent with all objective standards of the local governments certified local coastal program or, for areas that are not subject to a fully certified local coastal program, the certified land use plan of that area.
(3)For purposes of this section, receipt of any density bonus, concessions, incentives, waivers or reductions of development standards, and parking ratios to which the applicant is entitled under Section 65915 shall not constitute a basis to find the project inconsistent with the local coastal program.
(u)It is the policy of the state that this section be interpreted and implemented in a manner to afford the fullest possible weight to the interest of, and the approval and provision of, increased housing supply.
(v)This section shall remain in effect only until January 1, 2036, and as of that date is repealed.
SEC. 2.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)Except as provided in subdivision (r), a development proponent may submit an application for a development that is subject to the streamlined, ministerial approval process provided by subdivision (c) and is not subject to a conditional use permit or any other nonlegislative discretionary approval if the development complies with subdivision (b) and 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 and the site on which it is located satisfy all of the following:
(A)It 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)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)(i)A site that meets the requirements of clause (ii) and satisfies any of the following:
(I)The site is zoned for residential use or residential mixed-use development.
(II)The site has a general plan designation that allows residential use or a mix of residential and nonresidential uses.
(III)The site meets the requirements of Section 65852.24.
(ii)At least two-thirds of the square footage of the development is designated for residential use. Additional density, floor area, and units, and any other concession, incentive, or waiver of development standards granted pursuant to the Density Bonus Law in Section 65915 shall be included in the square footage calculation. The square footage of the development shall not include underground space, such as basements or underground parking garages.
(3)(A)The development proponent has committed to record, prior to the issuance of the first building permit, a land use restriction or covenant providing that any lower or moderate-income housing units required pursuant to subparagraph (B) of paragraph (4) shall remain available at affordable housing costs or rent to persons and families of lower or moderate income for no less than the following periods of time:
(i)Fifty-five years for units that are rented.
(ii)Forty-five years for units that are owned.
(B)The city or county shall require the recording of covenants or restrictions implementing this paragraph for each parcel or unit of real property included in the development.
(4)The development satisfies clause (i) or (ii) of subparagraph (A) and satisfies subparagraph (B) below:
(A)(i)For a development located in a locality that is in its sixth or earlier housing element cycle, the development is located in either of the following:
(I)In a locality that the department has determined is subject to this clause on the basis that the number of units that have been issued building permits, as shown on the most recent production report received by the department, 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 subclause until the departments determination for the next reporting period.
(II)In a locality that the department has determined is subject to this clause on the basis that the locality did not adopt a housing element that has been found in substantial compliance with housing element law (Article 10.6 (commencing with Section 65580) of Chapter 3) by the department. A locality shall remain eligible under this subclause until such time as the locality adopts a housing element that has been found in substantial compliance with housing element law (Article 10.6 (commencing with Section 65580) of Chapter 3) by the department.
(ii)For a development located in a locality that is in its seventh or later housing element cycle, is located in a locality that the department has determined is subject to this clause on the basis that the locality did not adopt a housing element that has been found in substantial compliance with housing element law (Article 10.6 (commencing with Section 65580) of Chapter 3) by the department by the statutory deadline, or that the number of units that have been issued building permits, as shown on the most recent production report received by the department, 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.
(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 adopt a housing element pursuant to Section 65588 that has been found in substantial compliance with the housing element law (Article 10.6 (commencing with Section 65580) of Chapter 3) by the department, did not submit its latest production report to the department by the time period required by Section 65400, or that production report submitted to the department reflects that there were fewer units of above moderate-income housing issued building permits 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 does one of the following:
(I)For for-rent projects, the project dedicates a minimum of 10 percent of the total number of units, before calculating any density bonus, to housing affordable to households making at or below 50 percent of the area median income. However, 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 50 percent of the area median income, that local ordinance applies.
(II)For for-sale projects, the project dedicates a minimum of 10 percent of the total number of units, before calculating any density bonus, to housing affordable to households making at or below 80 percent of the area median income. However, 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 local ordinance applies.
(III)(ia)If the project is located within the San Francisco Bay area, the project, in lieu of complying with subclause (I) or (II), may opt to abide by this subclause. Projects utilizing this subclause shall dedicate 20 percent of the total number of units, before calculating any density bonus, to housing affordable to households making below 100 percent of the area median income with the average income of the units at or below 80 percent of the area median income. However, a local ordinance adopted by the locality applies if it requires greater than 20 percent of the units be dedicated to housing affordable to households making at or below 100 percent of the area median income, or requires that any of the units be dedicated at a level deeper than 100 percent. In order to comply with this subclause, the rent or sale price charged for units that are dedicated to housing affordable to households between 80 percent and 100 percent of the area median income shall not exceed 30 percent of the gross income of the household.
(ib)For purposes of this subclause, San Francisco Bay area means the entire area within the territorial boundaries of the Counties of Alameda, Contra Costa, Marin, Napa, San Mateo, Santa Clara, Solano, and Sonoma, and the City and County of San Francisco.
(ii)(I)The localitys latest production report reflects that there were fewer units of housing issued building permits 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, and one of the following conditions exist:
(ia)The project seeking approval dedicates 50 percent of the total number of units, before calculating any density bonus, to housing affordable to households making at or below 80 percent of the area median income.
(ib)The project application was submitted prior to January 1, 2019, and the project includes at least 500 units of housing, the project seeking approval or seeking a modification to a prior approval dedicates 20 percent of the total number of units, before calculating any density bonus, as affordable units, with at least 9 percent affordable to households making at or below 50 percent of the area median income and the remainder affordable to households making at or below 80 percent of the area median income.
(II)Notwithstanding the conditions described in sub-subclauses (ia) and (ib) of subclause (I), if the locality has adopted a local ordinance that requires that greater than 50 percent, or greater than 20 percent as applicable, of the units be dedicated to housing affordable to households making at or below 80 percent of the area median income, that local ordinance applies.
(III)For purposes of this clause, the reference to units affordable to very low income households includes units affordable to acutely low income households, as defined in Section 50063.5 of the Health and Safety Code, and to extremely low income households, as defined in Section 50106 of the Health and Safety Code.
(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 both income levels described in clauses (i) and (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).
(C)(i)A development proponent that uses a unit of affordable housing to satisfy the requirements of subparagraph (B) may also satisfy any other local or state requirement for affordable housing, including local ordinances or the Density Bonus Law in Section 65915, provided that the development proponent complies with the applicable requirements in the state or local law. If a local requirement for affordable housing requires units that are restricted to households with incomes higher than the applicable income limits required in subparagraph (B), then units that meet the applicable income limits required in subparagraph (B) shall be deemed to satisfy those local requirements for higher income units.
(ii)A development proponent that uses a unit of affordable housing to satisfy any other state or local affordability requirement may also satisfy the requirements of subparagraph (B), provided that the development proponent complies with applicable requirements of subparagraph (B).
(iii)A development proponent may satisfy the affordability requirements of subparagraph (B) with a unit that is restricted to households with incomes lower than the applicable income limits required in subparagraph (B).
(D)The amendments to this subdivision made by the act adding this subparagraph do not constitute a change in, but are declaratory of, existing law.
(5)The development, excluding any additional density or any other concessions, incentives, or waivers of development standards for which the development is eligible pursuant to the Density Bonus Law in Section 65915, is consistent with objective zoning standards, objective subdivision standards, and objective design review standards in effect at the time that the development is submitted to the local government pursuant to this section, or at the time a notice of intent is submitted pursuant to subdivision (b), whichever occurs earlier. For purposes of this paragraph, objective zoning standards, objective subdivision standards, and objective design review standards mean standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official before submittal. These standards may be embodied in alternative objective land use specifications adopted by a city or county, and may include, but are not limited to, housing overlay zones, specific plans, inclusionary zoning ordinances, and density bonus ordinances, subject to the following:
(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, subdivision, or design review standards are mutually inconsistent, a development shall be deemed consistent with the objective zoning and subdivision standards pursuant to this subdivision if the development is consistent with the standards set forth in the general plan.
(C)It is the intent of the Legislature that the objective zoning standards, objective subdivision standards, and objective design review standards described in this paragraph be adopted or amended in compliance with the requirements of Chapter 905 of the Statutes of 2004.
(D)The amendments to this subdivision made by the act adding this subparagraph do not constitute a change in, but are declaratory of, existing law.
(E)A project that satisfies the requirements of Section 65852.24 shall be deemed consistent with objective zoning standards, objective design standards, and objective subdivision standards if the project is consistent with the provisions of subdivision (b) of Section 65852.24 and if none of the square footage in the project is designated for hotel, motel, bed and breakfast inn, or other transient lodging use, except for a residential hotel. For purposes of this subdivision, residential hotel shall have the same meaning as defined in Section 50519 of the Health and Safety Code.
(6)The development is not located on a site that is any of the following:
(A)(i)An area of the coastal zone subject to paragraph (1) or (2) of subdivision (a) of Section 30603 of the Public Resources Code.
(ii)An area of the coastal zone that is not subject to a certified local coastal program or a certified land use plan.
(iii)An area of the coastal zone that is vulnerable to five feet of sea level rise, as determined by the National Oceanic and Atmospheric Administration, the Ocean Protection Council, the United States Geological Survey, the University of California, or a local governments coastal hazards vulnerability assessment.
(iv)In a parcel within the coastal zone that is not zoned for multifamily housing.
(v)In a parcel in the coastal zone and located on either of the following:
(I)On, or within a 100-foot radius of, a wetland, as defined in Section 30121 of the Public Resources Code.
(II)On prime agricultural land, as defined in Sections 30113 and 30241 of the Public Resources Code.
(B)Either prime farmland or farmland of statewide importance, as defined pursuant to the 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 the state responsibility area, as defined in Section 4102 of the Public Resources Code. This subparagraph does not apply to sites that have adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development, including, but not limited to, standards established under all of the following or their successor provisions:
(i)Section 4291 of the Public Resources Code or Section 51182, as applicable.
(ii)Section 4290 of the Public Resources Code.
(iii)Chapter 7A of the California Building Code (Title 24 of the California Code of Regulations).
(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 either of the following apply:
(i)The site is an underground storage tank site that received a uniform closure letter issued pursuant to subdivision (g) of Section 25296.10 of the Health and Safety Code based on closure criteria established by the State Water Resources Control Board for residential use or residential mixed uses. This section does not alter or change the conditions to remove a site from the list of hazardous waste sites listed pursuant to Section 65962.5.
(ii)The State Department of Public Health, State Water Resources Control Board, Department of Toxic Substances Control, or a local agency making a determination pursuant to subdivision (c) of Section 25296.10 of the Health and Safety Code, has otherwise determined that the site is suitable 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 special flood hazard area subject to inundation by the 1 percent annual chance flood (100-year flood) as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency. If a development proponent is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this subparagraph and is otherwise eligible for streamlined approval under this section, a local government shall not deny the application on the basis that the development proponent did not comply with any additional permit requirement, standard, or action adopted by that local government that is applicable to that site. A development may be located on a site described in this subparagraph if either of the following are met:
(i)The site has been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction.
(ii)The site meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program 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 regulatory floodway as determined by the Federal Emergency Management Agency in any official maps published 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. If a development proponent is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this subparagraph and is otherwise eligible for streamlined approval under this section, a local government shall not deny the application on the basis that the development proponent did not comply with any additional permit requirement, standard, or action adopted by that local government that is applicable to that site.
(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)Except as provided in paragraph (9), a proponent of a development project approved by a local government pursuant to this section shall require in contracts with construction contractors, and shall certify to the local government, that the following standards specified in this paragraph will be met in project construction, as applicable:
(A)A development that is not in its entirety a public work for purposes of Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code and approved by a local government pursuant to Article 2 (commencing with Section 65912.110) or Article 3 (commencing with Section 65912.120) shall be subject to all of the following:
(i)All construction workers employed in the execution of the development shall 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.
(ii)The development proponent shall ensure that the prevailing wage requirement is included in all contracts for the performance of the work, and shall also provide notice of all contracts for the performance of the work to the Department of Industrial Relations, in accordance with Section 1773.35 of the Labor Code, for those portions of the development that are not a public work.
(iii)All contractors and subcontractors for those portions of the development that are not a public work shall comply with all of the following:
(I)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.
(II)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 that section. This subclause does 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 subclause, project labor agreement has the same meaning as set forth in paragraph (1) of subdivision (b) of Section 2500 of the Public Contract Code.
(III)Be registered in accordance with Section 1725.6 of the Labor Code.
(B)(i)The obligation of the contractors and subcontractors to pay prevailing wages pursuant to this paragraph may be enforced by any of the following:
(I)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.
(II)An underpaid worker through an administrative complaint or civil action.
(III)A joint labor-management committee through a civil action under Section 1771.2 of the Labor Code.
(ii)If a civil wage and penalty assessment is issued pursuant to this paragraph, 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.
(iii)This paragraph does 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.
(C)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 does not apply to those portions of a development that are not a public work if otherwise provided in a bona fide collective bargaining agreement covering the worker.
(D)The requirement of this paragraph 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.
(E)A development of 50 or more housing units approved by a local government pursuant to this section shall meet all of the following labor standards:
(i)The development proponent shall require in contracts with construction contractors and shall certify to the local government that each contractor of any tier who will employ construction craft employees or will let subcontracts for at least 1,000 hours shall satisfy the requirements in clauses (ii) and (iii). A construction contractor is deemed in compliance with clauses (ii) and (iii) if it is signatory to a valid collective bargaining agreement that requires utilization of registered apprentices and expenditures on health care for employees and dependents.
(ii)A contractor with construction craft employees shall either participate in an apprenticeship program approved by the California Division of Apprenticeship Standards pursuant to Section 3075 of the Labor Code, or request the dispatch of apprentices from a state-approved apprenticeship program under the terms and conditions set forth in Section 1777.5 of the Labor Code. A contractor without construction craft employees shall show a contractual obligation that its subcontractors comply with this clause.
(iii)Each contractor with construction craft employees shall make health care expenditures for each employee in an amount per hour worked on the development equivalent to at least the hourly pro rata cost of a Covered California Platinum level plan for two adults 40 years of age and two dependents 0 to 14 years of age for the Covered California rating area in which the development is located. A contractor without construction craft employees shall show a contractual obligation that its subcontractors comply with this clause. Qualifying expenditures shall be credited toward compliance with prevailing wage payment requirements set forth in this paragraph.
(iv)(I)The development proponent shall provide to the local government, on a monthly basis while its construction contracts on the development are being performed, a report demonstrating compliance with clauses (ii) and (iii). The reports shall be considered public records under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1) and shall be open to public inspection.
(II)A development proponent that fails to provide the monthly report shall be subject to a civil penalty for each month for which the report has not been provided, in the amount of 10 percent of the dollar value of construction work performed by that contractor on the development in the month in question, up to a maximum of ten thousand dollars ($10,000). Any contractor or subcontractor that fails to comply with clauses (ii) and (iii) shall be subject to a civil penalty of two hundred dollars ($200) per day for each worker employed in contravention of clauses (ii) and (iii).
(III)Penalties may be assessed by the Labor Commissioner within 18 months of completion of the development using the procedures for issuance of civil wage and penalty assessments specified in Section 1741 of the Labor Code, and may be reviewed pursuant to Section 1742 of the Labor Code. Penalties shall be deposited in the State Public Works Enforcement Fund established pursuant to Section 1771.3 of the Labor Code.
(v)Each construction contractor shall maintain and verify payroll records pursuant to Section 1776 of the Labor Code. Each construction contractor shall submit payroll records directly to the Labor Commissioner at least monthly in a format prescribed by the Labor Commissioner in accordance with subparagraph (A) of paragraph (3) of subdivision (a) of Section 1771.4 of the Labor Code. The records shall include a statement of fringe benefits. Upon request by a joint labor-management cooperation committee established pursuant to the federal Labor Management Cooperation Act of 1978 (29 U.S.C. Sec. 175a), the records shall be provided pursuant to subdivision (e) of Section 1776 of the Labor Code.
(vi)All construction contractors shall report any change in apprenticeship program participation or health care expenditures to the local government within 10 business days, and shall reflect those changes on the monthly report. The reports shall be considered public records pursuant to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1) and shall be open to public inspection.
(vii)A joint labor-management cooperation committee established pursuant to the federal Labor Management Cooperation Act of 1978 (29 U.S.C. Sec. 175a) shall have standing to sue a construction contractor for failure to make health care expenditures pursuant to clause (iii) in accordance with Section 218.7 or 218.8 of the Labor Code.
(F)For any project over 85 feet in height above grade, the following skilled and trained workforce provisions apply:
(i)Except as provided in clause (ii), the developer shall enter into construction contracts with prime contractors only if all of the following are satisfied:
(I)The contract contains an enforceable commitment that the prime contractor and subcontractors at every tier will use a skilled and trained workforce, as defined in Section 2601 of the Public Contract Code, to perform work on the project that falls within an apprenticeable occupation in the building and construction trades. However, this enforceable commitment requirement shall not apply to any scopes of work where new bids are accepted pursuant to subclause (I) of clause (ii).
(II)The developer or prime contractor shall establish minimum bidding requirements for subcontractors that are objective to the maximum extent possible. The developer or prime contractor shall not impose any obstacles in the bid process for subcontractors that go beyond what is reasonable and commercially customary. The developer or prime contractor must accept bids submitted by any bidder that meets the minimum criteria set forth in the bid solicitation.
(III)The prime contractor has provided an affidavit under penalty of perjury that, in compliance with this subparagraph, it will use a skilled and trained workforce and will obtain from its subcontractors an enforceable commitment to use a skilled and trained workforce for each scope of work in which it receives at least three bids attesting to satisfaction of the skilled and trained workforce requirements.
(IV)When a prime contractor or subcontractor is required to provide an enforceable commitment that a skilled and trained workforce will be used to complete a contract or project, the commitment shall be made in an enforceable agreement with the developer that provides the following:
(ia)The prime contractor and subcontractors at every tier will comply with this chapter.
(ib)The prime contractor will provide the developer, on a monthly basis while the project or contract is being performed, a report demonstrating compliance by the prime contractor.
(ic)The prime contractor shall provide the developer, on a monthly basis while the project or contract is being performed, the monthly reports demonstrating compliance submitted to the prime contractor by the affected subcontractors.
(ii)(I)If a prime contractor fails to receive at least three bids in a scope of construction work from subcontractors that attest to satisfying the skilled and trained workforce requirements as described in this subparagraph, the prime contractor may accept new bids for that scope of work. The prime contractor need not require that a skilled and trained workforce be used by the subcontractors for that scope of work.
(II)The requirements of this subparagraph shall not apply if all contractors, subcontractors, and craft unions performing work on the development are subject to a multicraft 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. The multicraft project labor agreement shall include all construction crafts with applicable coverage determinations for the specified scopes of work on the project pursuant to Section 1773 of the Labor Code and shall be executed by all applicable labor organizations regardless of affiliation. For purposes of this clause, project labor agreement means a prehire collective bargaining agreement that establishes terms and conditions of employment for a specific construction project or projects and is an agreement described in Section 158(f) of Title 29 of the United States Code.
(III)Requirements set forth in this subparagraph shall not apply to projects where 100 percent of the units, exclusive of a managers unit or units, are dedicated to lower income households, as defined in Section 50079.5 of the Health and Safety Code.
(iii)If the skilled and trained workforce requirements of this subparagraph apply, the prime contractor shall require subcontractors to provide, and subcontractors on the project shall provide, the following to the prime contractor:
(I)An affidavit signed under penalty of perjury that a skilled and trained workforce shall be employed on the project.
(II)Reports on a monthly basis, while the project or contract is being performed, demonstrating compliance with this chapter.
(iv)Upon issuing any invitation or bid solicitation for the project, but no less than seven days before the bid is due, the developer shall send a notice of the invitation or solicitation that describes the project to the following entities within the jurisdiction of the proposed project site:
(I)Any bona fide labor organization representing workers in the building and construction trades who may perform work necessary to complete the project and the local building and construction trades council.
(II)Any organization representing contractors that may perform work necessary to complete the project, including any contractors association or regional builders exchange.
(v)The developer or prime contractor shall, within three business days of a request by a joint labor-management cooperation committee established pursuant to the federal Labor Management Cooperation Act of 1978 (29 U.S.C. Sec. 175a), provide all of the following:
(I)The names and Contractors State License Board numbers of the prime contractor and any subcontractors that submitted a proposal or bid for the development project.
(II)The names and Contractors State License Board numbers of contractors and subcontractors that are under contract to perform construction work.
(vi)(I)For all projects subject to this subparagraph, the development proponent shall provide to the locality, on a monthly basis while the project or contract is being performed, a report demonstrating that the self-performing prime contractor and all subcontractors used a skilled and trained workforce, as defined in Section 2601 of the Public Contract Code, unless otherwise exempt under this subparagraph. A monthly report provided to the locality pursuant to this subclause shall be a public record under the California Public Records Act Division 10 (commencing with Section 7920.000) of Title 1 and shall be open to public inspection. A developer that fails to provide a complete monthly report shall be subject to a civil penalty of 10 percent of the dollar value of construction work performed by that contractor on the project in the month in question, up to a maximum of ten thousand dollars ($10,000) per month for each month for which the report has not been provided.
(II)Any subcontractors or prime contractor self-performing work subject to the skilled and trained workforce requirements under this subparagraph that fail 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 project using the same 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. Prime contractors shall not be jointly liable for violations of this subparagraph by subcontractors. Penalties shall be paid to the State Public Works Enforcement Fund or the locality or its labor standards enforcement agency, depending on the lead entity performing the enforcement work.
(III)Any provision of a contract or agreement of any kind between a developer and a prime contractor that purports to delegate, transfer, or assign to a prime contractor any obligations of or penalties incurred by a developer shall be deemed contrary to public policy and shall be void and unenforceable.
(G)A locality, and any labor standards enforcement agency the locality lawfully maintains, shall have standing to take administrative action or sue a construction contractor for failure to comply with this paragraph. A prevailing locality or labor standards enforcement agency shall distribute any wages and penalties to workers in accordance with law and retain any fees, additional penalties, or assessments.
(9)Notwithstanding paragraph (8), a development that is subject to approval pursuant to this section is exempt from any requirement to pay prevailing wages, use a workforce participating in an apprenticeship, or provide health care expenditures if it satisfies both of the following:
(A)The project consists of 10 or fewer units.
(B)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.
(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)(A)(i)Before submitting an application for a development subject to the streamlined, ministerial approval process described in subdivision (c), the development proponent shall submit to the local government a notice of its intent to submit an application. The notice of intent shall be in the form of a preliminary application that includes all of the information described in Section 65941.1, as that section read on January 1, 2020.
(ii)Upon receipt of a notice of intent to submit an application described in clause (i), the local government shall engage in a scoping consultation regarding the proposed development with any California Native American tribe that is traditionally and culturally affiliated with the geographic area, as described in Section 21080.3.1 of the Public Resources Code, of the proposed development. In order to expedite compliance with this subdivision, the local government shall contact the Native American Heritage Commission for assistance in identifying any California Native American tribe that is traditionally and culturally affiliated with the geographic area of the proposed development.
(iii)The timeline for noticing and commencing a scoping consultation in accordance with this subdivision shall be as follows:
(I)The local government shall provide a formal notice of a development proponents notice of intent to submit an application described in clause (i) to each California Native American tribe that is traditionally and culturally affiliated with the geographic area of the proposed development within 30 days of receiving that notice of intent. The formal notice provided pursuant to this subclause shall include all of the following:
(ia)A description of the proposed development.
(ib)The location of the proposed development.
(ic)An invitation to engage in a scoping consultation in accordance with this subdivision.
(II)Each California Native American tribe that receives a formal notice pursuant to this clause shall have 30 days from the receipt of that notice to accept the invitation to engage in a scoping consultation.
(III)If the local government receives a response accepting an invitation to engage in a scoping consultation pursuant to this subdivision, the local government shall commence the scoping consultation within 30 days of receiving that response.
(B)The scoping consultation shall recognize that California Native American tribes traditionally and culturally affiliated with a geographic area have knowledge and expertise concerning the resources at issue and shall take into account the cultural significance of the resource to the culturally affiliated California Native American tribe.
(C)The parties to a scoping consultation conducted pursuant to this subdivision shall be the local government and any California Native American tribe traditionally and culturally affiliated with the geographic area of the proposed development. More than one California Native American tribe traditionally and culturally affiliated with the geographic area of the proposed development may participate in the scoping consultation. However, the local government, upon the request of any California Native American tribe traditionally and culturally affiliated with the geographic area of the proposed development, shall engage in a separate scoping consultation with that California Native American tribe. The development proponent and its consultants may participate in a scoping consultation process conducted pursuant to this subdivision if all of the following conditions are met:
(i)The development proponent and its consultants agree to respect the principles set forth in this subdivision.
(ii)The development proponent and its consultants engage in the scoping consultation in good faith.
(iii)The California Native American tribe participating in the scoping consultation approves the participation of the development proponent and its consultants. The California Native American tribe may rescind its approval at any time during the scoping consultation, either for the duration of the scoping consultation or with respect to any particular meeting or discussion held as part of the scoping consultation.
(D)The participants to a scoping consultation pursuant to this subdivision shall comply with all of the following confidentiality requirements:
(i)Section 7927.000.
(ii)Section 7927.005.
(iii)Subdivision (c) of Section 21082.3 of the Public Resources Code.
(iv)Subdivision (d) of Section 15120 of Title 14 of the California Code of Regulations.
(v)Any additional confidentiality standards adopted by the California Native American tribe participating in the scoping consultation.
(E)The California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) shall not apply to a scoping consultation conducted pursuant to this subdivision.
(2)(A)If, after concluding the scoping consultation, the parties find that no potential tribal cultural resource would be affected by the proposed development, the development proponent may submit an application for the proposed development that is subject to the streamlined, ministerial approval process described in subdivision (c).
(B)If, after concluding the scoping consultation, the parties find that a potential tribal cultural resource could be affected by the proposed development and an enforceable agreement is documented between the California Native American tribe and the local government on methods, measures, and conditions for tribal cultural resource treatment, the development proponent may submit the application for a development subject to the streamlined, ministerial approval process described in subdivision (c). The local government shall ensure that the enforceable agreement is included in the requirements and conditions for the proposed development.
(C)If, after concluding the scoping consultation, the parties find that a potential tribal cultural resource could be affected by the proposed development and an enforceable agreement is not documented between the California Native American tribe and the local government regarding methods, measures, and conditions for tribal cultural resource treatment, the development shall not be eligible for the streamlined, ministerial approval process described in subdivision (c).
(D)For purposes of this paragraph, a scoping consultation shall be deemed to be concluded if either of the following occur:
(i)The parties to the scoping consultation document an enforceable agreement concerning methods, measures, and conditions to avoid or address potential impacts to tribal cultural resources that are or may be present.
(ii)One or more parties to the scoping consultation, acting in good faith and after reasonable effort, conclude that a mutual agreement on methods, measures, and conditions to avoid or address impacts to tribal cultural resources that are or may be present cannot be reached.
(E)If the development or environmental setting substantially changes after the completion of the scoping consultation, the local government shall notify the California Native American tribe of the changes and engage in a subsequent scoping consultation if requested by the California Native American tribe.
(3)A local government may only accept an application for streamlined, ministerial approval pursuant to this section if one of the following applies:
(A)A California Native American tribe that received a formal notice of the development proponents notice of intent to submit an application pursuant to subclause (I) of clause (iii) of subparagraph (A) of paragraph (1) did not accept the invitation to engage in a scoping consultation.
(B)The California Native American tribe accepted an invitation to engage in a scoping consultation pursuant to subclause (II) of clause (iii) of subparagraph (A) of paragraph (1) but substantially failed to engage in the scoping consultation after repeated documented attempts by the local government to engage the California Native American tribe.
(C)The parties to a scoping consultation pursuant to this subdivision find that no potential tribal cultural resource will be affected by the proposed development pursuant to subparagraph (A) of paragraph (2).
(D)A scoping consultation between a California Native American tribe and the local government has occurred in accordance with this subdivision and resulted in agreement pursuant to subparagraph (B) of paragraph (2).
(4)A project shall not be eligible for the streamlined, ministerial process described in subdivision (c) if any of the following apply:
(A)There is a tribal cultural resource that is on a national, state, tribal, or local historic register list located on the site of the project.
(B)There is a potential tribal cultural resource that could be affected by the proposed development and the parties to a scoping consultation conducted pursuant to this subdivision do not document an enforceable agreement on methods, measures, and conditions for tribal cultural resource treatment, as described in subparagraph (C) of paragraph (2).
(C)The parties to a scoping consultation conducted pursuant to this subdivision do not agree as to whether a potential tribal cultural resource will be affected by the proposed development.
(5)(A)If, after a scoping consultation conducted pursuant to this subdivision, a project is not eligible for the streamlined, ministerial approval process described in subdivision (c) for any or all of the following reasons, the local government shall provide written documentation of that fact, and an explanation of the reason for which the project is not eligible, to the development proponent and to any California Native American tribe that is a party to that scoping consultation:
(i)There is a tribal cultural resource that is on a national, state, tribal, or local historic register list located on the site of the project, as described in subparagraph (A) of paragraph (4).
(ii)The parties to the scoping consultation have not documented an enforceable agreement on methods, measures, and conditions for tribal cultural resource treatment, as described in subparagraph (C) of paragraph (2) and subparagraph (B) of paragraph (4).
(iii)The parties to the scoping consultation do not agree as to whether a potential tribal cultural resource will be affected by the proposed development, as described in subparagraph (C) of paragraph (4).
(B)The written documentation provided to a development proponent pursuant to this paragraph shall include information on how the development proponent may seek a conditional use permit or other discretionary approval of the development from the local government.
(6)This section is not intended, and shall not be construed, to limit consultation and discussion between a local government and a California Native American tribe pursuant to other applicable law, confidentiality provisions under other applicable law, the protection of religious exercise to the fullest extent permitted under state and federal law, or the ability of a California Native American tribe to submit information to the local government or participate in any process of the local government.
(7)For purposes of this subdivision:
(A)Consultation means the meaningful and timely process of seeking, discussing, and considering carefully the views of others, in a manner that is cognizant of all parties cultural values and, where feasible, seeking agreement. Consultation between local governments and Native American tribes shall be conducted in a way that is mutually respectful of each partys sovereignty. Consultation shall also recognize the tribes potential needs for confidentiality with respect to places that have traditional tribal cultural importance. A lead agency shall consult the tribal consultation best practices described in the State of California Tribal Consultation Guidelines: Supplement to the General Plan Guidelines prepared by the Office of Planning and Research.
(B)Scoping means the act of participating in early discussions or investigations between the local government and California Native American tribe, and the development proponent if authorized by the California Native American tribe, regarding the potential effects a proposed development could have on a potential tribal cultural resource, as defined in Section 21074 of the Public Resources Code, or California Native American tribe, as defined in Section 21073 of the Public Resources Code.
(8)This subdivision shall not apply to any project that has been approved under the streamlined, ministerial approval process provided under this section before the effective date of the act adding this subdivision.
(c)(1)Notwithstanding any local law, if a local governments planning director or equivalent position determines that a development submitted pursuant to this section is consistent with the objective planning standards specified in subdivision (a) and pursuant to paragraph (3) of this subdivision, the local government shall approve the development. Upon a determination that a development submitted pursuant to this section is in conflict with any of the objective planning standards specified in subdivision (a), the local government staff or relevant local planning and permitting department that made the determination 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.
(C)Within 30 days of submittal of any development proposal that was resubmitted to address written feedback provided by the local government pursuant to this paragraph.
(2)If the local governments planning director or equivalent position 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).
(3)For purposes of this section, a development is consistent with the objective planning standards specified in subdivision (a) if there is substantial evidence that would allow a reasonable person to conclude that the development is consistent with the objective planning standards. The local government shall not determine that a development, including an application for a modification under subdivision (h), is in conflict with the objective planning standards on the basis that application materials are not included, if the application contains substantial evidence that would allow a reasonable person to conclude that the development is consistent with the objective planning standards.
(4)Upon submittal of an application for streamlined, ministerial approval pursuant to this section to the local government, all departments of the local government that are required to issue an approval of the development prior to the granting of an entitlement shall comply with the requirements of this section within the time periods specified in paragraph (1).
(d)(1)Any design review of the development may be conducted by the local governments planning commission or any equivalent board or commission responsible for design review. That design review shall be objective and be strictly focused on assessing compliance with criteria required for streamlined 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 shall be completed, and if the development is consistent with all objective standards, the local government shall approve the development as follows and shall not in any way inhibit, chill, or preclude the ministerial approval provided by this section or its effect, as applicable:
(A)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.
(B)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.
(2)An application for a subdivision pursuant to the Subdivision Map Act (Division 2 (commencing with Section 66410)) shall be exempt from the requirements of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) and shall be subject to the public oversight timelines set forth in paragraph (1) if the development is consistent with the requirements of this section, including, but not limited to, paragraph (8) of subdivision (a), and all objective subdivision standards in the local subdivision ordinance, and meets at least one of the following requirements:
(A)The development has received or will receive financing or funding by means of a low-income housing tax credit.
(B)The development is located on a legal parcel or parcels within either of the following:
(i)An incorporated city, the boundaries of which include some portion of an urbanized area.
(ii)An urbanized area or urban cluster in a county with a population greater than 250,000 based on the most recent United States Census Bureau data.
(iii)For purposes of this subparagraph, the following definitions apply:
(I)Urbanized area means an urbanized area designated by the United States Census Bureau, as published in the Federal Register, Volume 77, Number 59, on March 27, 2012.
(II)Urban cluster means an urban cluster designated by the United States Census Bureau, as published in the Federal Register, Volume 77, Number 59, on March 27, 2012.
(3)If a local government determines that a development submitted pursuant to this section is in conflict with any of the standards imposed pursuant to paragraph (1), it shall provide the development proponent written documentation of which objective standard or standards the development conflicts with, and an explanation for the reason or reasons the development conflicts with that objective standard or standards consistent with the timelines described in paragraph (1) of subdivision (c).
(e)(1)Notwithstanding any other law, a local government, whether or not it has adopted an ordinance governing automobile parking requirements in multifamily developments, shall not impose automobile 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 automobile parking requirements for streamlined developments approved pursuant to this section that exceed one parking space per unit.
(f)Notwithstanding any law, a local government shall not require any of the following prior to approving a development that meets the requirements of this section:
(1)Studies, information, or other materials that do not pertain directly to determining whether the development is consistent with the objective planning standards applicable to the development.
(2)(A)Compliance with any standards necessary to receive a postentitlement permit.
(B)This paragraph does not prohibit a local agency from requiring compliance with any standards necessary to receive a postentitlement permit after a permit has been issued pursuant to this section.
(C)For purposes of this paragraph, postentitlement permit has the same meaning as provided in subparagraph (A) of paragraph (3) of subdivision (j) of Section 65913.3.
(g)(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 satisfies both of the following requirements:
(A)The project includes public investment in housing affordability, beyond tax credits.
(B)At least 50 percent of the units are affordable to households making at or below 80 percent of the area median income.
(2)(A)If a local government approves a development pursuant to this section, and the project does not satisfy the requirements of subparagraphs (A) and (B) of paragraph (1), that approval shall remain valid for three years from the date of the final action establishing that approval, or if litigation is filed challenging that approval, from the date of the final judgment upholding that approval. Approval shall remain valid for a project provided construction activity, including demolition and grading activity, on the development site that has begun pursuant to a permit issued by the local jurisdiction and is in progress. For purposes of this subdivision, in progress means one of the following:
(i)The construction has begun and has not ceased for more than 180 days.
(ii)If the development requires multiple building permits, an initial phase has been completed, and the project proponent has applied for and is diligently pursuing a building permit for a subsequent phase, provided that once it has been issued, the building permit for the subsequent phase does not lapse.
(B)Notwithstanding subparagraph (A), a local government may grant a project 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 the development proponent requests a modification pursuant to subdivision (h), then the time during which the approval shall remain valid shall be extended for the number of days between the submittal of a modification request and the date of its final approval, plus an additional 180 days to allow time to obtain a building permit. If litigation is filed relating to the modification request, the time shall be further extended during the pendency of the litigation. The extension required by this paragraph shall only apply to the first request for a modification submitted by the development proponent.
(4)The amendments made to this subdivision by the act that added this paragraph shall also be retroactively applied to developments approved prior to January 1, 2022.
(h)(1)(A)A development proponent may request a modification to a development that has been approved under the streamlined, ministerial approval process provided in subdivision (c) if that request is submitted to the local government before the issuance of the final building permit required for construction of the development.
(B)Except as provided in paragraph (3), the local government shall approve a modification if it determines that the modification is consistent with the objective planning standards specified in subdivision (a) that were in effect when the original development application was first submitted.
(C)The local government shall evaluate any modifications requested pursuant to this subdivision for consistency with the objective planning standards using the same assumptions and analytical methodology that the local government originally used to assess consistency for the development that was approved for streamlined, ministerial approval pursuant to subdivision (c).
(D)A guideline that was adopted or amended by the department pursuant to subdivision (n) after a development was approved through the streamlined, ministerial approval process described in subdivision (c) shall not be used as a basis to deny proposed modifications.
(2)Upon receipt of the development proponents application requesting a modification, the local government shall determine if the requested modification is consistent with the objective planning standard and either approve or deny the modification request within 60 days after submission of the modification, or within 90 days if design review is required.
(3)Notwithstanding paragraph (1), the local government may apply objective planning standards adopted after the development application was first submitted to the requested modification in any of the following instances:
(A)The development is revised such that the total square footage of construction increases by 15 percent or more or the total number of residential units decreases by 15 percent or more. The calculation of the square footage of construction increases shall not include underground space.
(B)The development is revised such that the total square footage of construction increases by 5 percent or more or the total number of residential units decreases by 5 percent or more and it is necessary to subject the development to an objective standard beyond those in effect when the development application was submitted in order to mitigate or avoid a specific, adverse impact, as that term is defined in subparagraph (A) of paragraph (1) of subdivision (j) of Section 65589.5, upon the public health or safety and there is no feasible alternative method to satisfactorily mitigate or avoid the adverse impact. The calculation of the square footage of construction increases shall not include underground space.
(C)(i)Objective building standards contained in the California Building Standards Code (Title 24 of the California Code of Regulations), including, but not limited to, building plumbing, electrical, fire, and grading codes, may be applied to all modification applications that are submitted prior to the first building permit application. Those standards may be applied to modification applications submitted after the first building permit application if agreed to by the development proponent.
(ii)The amendments made to clause (i) by the act that added clause (i) shall also be retroactively applied to modification applications submitted prior to January 1, 2022.
(4)The local governments review of a modification request pursuant to this subdivision shall be strictly limited to determining whether the modification, including any modification to previously approved density bonus concessions or waivers, modify the developments consistency with the objective planning standards and shall not reconsider prior determinations that are not affected by the modification.
(i)(1)A local government shall not adopt or impose any requirement, including, but not limited to, increased fees or inclusionary housing requirements, that applies to a project solely or partially on the basis that the project is eligible to receive ministerial or streamlined approval pursuant to this section.
(2)(A)A local government shall issue a subsequent permit required for a development approved under this section if the application substantially complies with the development as it was approved pursuant to subdivision (c). Upon receipt of an application for a subsequent permit, the local government shall process the permit without unreasonable delay and shall not impose any procedure or requirement that is not imposed on projects that are not approved pursuant to this section. The local government shall consider the application for subsequent permits based upon the objective standards specified in any state or local laws that were in effect when the original development application was submitted, unless the development proponent agrees to a change in objective standards. Issuance of subsequent permits shall implement the approved development, and review of the permit application shall not inhibit, chill, or preclude the development. For purposes of this paragraph, a subsequent permit means a permit required subsequent to receiving approval under subdivision (c), and includes, but is not limited to, demolition, grading, encroachment, and building permits and final maps, if necessary.
(B)The amendments made to subparagraph (A) by the act that added this subparagraph shall also be retroactively applied to subsequent permit applications submitted prior to January 1, 2022.
(3)(A)If a public improvement is necessary to implement a development that is subject to the streamlined, ministerial approval pursuant to this section, including, but not limited to, a bicycle lane, sidewalk or walkway, public transit stop, driveway, street paving or overlay, a curb or gutter, a modified intersection, a street sign or street light, landscape or hardscape, an above-ground or underground utility connection, a water line, fire hydrant, storm or sanitary sewer connection, retaining wall, and any related work, and that public improvement is located on land owned by the local government, to the extent that the public improvement requires approval from the local government, the local government shall not exercise its discretion over any approval relating to the public improvement in a manner that would inhibit, chill, or preclude the development.
(B)If an application for a public improvement described in subparagraph (A) is submitted to a local government, the local government shall do all of the following:
(i)Consider the application based upon any objective standards specified in any state or local laws that were in effect when the original development application was submitted.
(ii)Conduct its review and approval in the same manner as it would evaluate the public improvement if required by a project that is not eligible to receive ministerial or streamlined approval pursuant to this section.
(C)If an application for a public improvement described in subparagraph (A) is submitted to a local government, the local government shall not do either of the following:
(i)Adopt or impose any requirement 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.
(ii)Unreasonably delay in its consideration, review, or approval of the application.
(j)(1)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.
(2)This section shall not prevent a development from also qualifying as a housing development project entitled to the protections of Section 65589.5. This paragraph does not constitute a change in, but is declaratory of, existing law.
(k)The California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) does not apply to actions taken by a state agency, local government, or the San Francisco Bay Area Rapid Transit District to:
(1)Lease, convey, or encumber land owned by the local government or the San Francisco Bay Area Rapid Transit District or to facilitate the lease, conveyance, or encumbrance of land owned by the local government, or for the lease of land owned by the San Francisco Bay Area Rapid Transit District in association with an eligible TOD project, as defined pursuant to Section 29010.1 of the Public Utilities Code, nor to any decisions associated with that lease, or to provide financial assistance to a development that receives streamlined approval pursuant to this section that is to be used for housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code.
(2)Approve improvements located on land owned by the local government or the San Francisco Bay Area Rapid Transit District that are necessary to implement a development that receives streamlined approval pursuant to this section that is to be used for housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code.
(l)For purposes of establishing the total number of units in a development under this chapter, a development or development project includes both of the following:
(1)All projects developed on a site, regardless of when those developments occur.
(2)All projects developed on sites adjacent to a site developed pursuant to this chapter if, after January 1, 2023, the adjacent site had been subdivided from the site developed pursuant to this chapter.
(m)For purposes of this section, the following terms have the following meanings:
(1)Affordable housing cost has the same meaning as set forth in Section 50052.5 of the Health and Safety Code.
(2)(A)Subject to the qualification provided by subparagraphs (B) and (C), affordable rent has the same meaning as set forth in Section 50053 of the Health and Safety Code.
(B)For a development for which an application pursuant to this section was submitted prior to January 1, 2019, that includes 500 units or more of housing, and that dedicates 20 percent of the total number of units, before calculating any density bonus, to housing affordable to households making at, or below, 80 percent of the area median income, affordable rent for at least 30 percent of these units shall be set at an affordable rent as defined in subparagraph (A) and affordable rent for the remainder of these units shall mean a rent that is consistent with the maximum rent levels for a housing development that receives an allocation of state or federal low-income housing tax credits from the California Tax Credit Allocation Committee.
(C)For a development that dedicates 100 percent of units, exclusive of a managers unit or units, to lower income households, affordable rent shall mean a rent that is consistent with the maximum rent levels stipulated by the public program providing financing for the development.
(3)Department means the Department of Housing and Community Development.
(4)Development proponent means the developer who submits a housing development project application to a local government under the streamlined ministerial review process pursuant to this section.
(5)Completed entitlements means a housing development that has received all the required land use approvals or entitlements necessary for the issuance of a building permit.
(6)Health care expenditures include contributions under Section 401(a), 501(c), or 501(d) of the Internal Revenue Code and payments toward medical care, as defined in Section 213(d)(1) of the Internal Revenue Code.
(7)Housing development project has the same meaning as in Section 65589.5.
(8)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.
(9)Moderate-income housing units means housing units with an affordable housing cost or affordable rent for persons and families of moderate income, as that term is defined in Section 50093 of the Health and Safety Code.
(10)Production report means the information reported pursuant to subparagraph (H) of paragraph (2) of subdivision (a) of Section 65400.
(11)State agency includes every state office, officer, department, division, bureau, board, and commission, but does not include the California State University or the University of California.
(12)(A)Reporting period means either of the following:
(i)The first half of the regional housing needs assessment cycle.
(ii)The last half of the regional housing needs assessment cycle.
(B)Notwithstanding subparagraph (A), reporting period means annually for the City and County of San Francisco.
(13)Urban uses means any current or former residential, commercial, public institutional, public park that is surrounded by other urban uses, parking lot or structure, transit or transportation passenger facility, or retail use, or any combination of those uses.
(n)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.
(o)The determination of whether an application for a development is subject to the streamlined ministerial approval process provided by subdivision (c) is not a project as defined in Section 21065 of the Public Resources Code.
(p)Notwithstanding any other law, for purposes of this section and for development in compliance with the requirements of this section on property owned by or leased to the state, the Department of General Services may act in the place of a locality or local government, at the discretion of the department.
(q)(1)For developments proposed in a census tract that is designated either as a moderate resource area, low resource area, or an area of high segregation and poverty on the most recent CTCAC/HCD Opportunity Map published by the California Tax Credit Allocation Committee and the Department of Housing and Community Development, within 45 days after receiving a notice of intent, as described in subdivision (b), and before the development proponent submits an application for the proposed development that is subject to the streamlined, ministerial approval process described in subdivision (c), the local government shall provide for a public meeting to be held by the city council or county board of supervisors to provide an opportunity for the public and the local government to comment on the development.
(2)The public meeting shall be held at a regular meeting and be subject to the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5).
(3)If the development proposal is located within a city with a population of greater than 250,000 or the unincorporated area of a county with a population of greater than 250,000, the public meeting shall be held by the jurisdictions planning commission.
(4)Comments may be provided by testimony during the meeting or in writing at any time before the meeting concludes.
(5)The development proponent shall attest in writing that it attended the meeting described in paragraph (1) and reviewed the public testimony and written comments from the meeting in its application for the proposed development that is subject to the streamlined, ministerial approval process described in subdivision (c).
(6)If the local government fails to hold the hearing described in paragraph (1) within 45 days after receiving the notice of intent, the development proponent shall hold a public meeting on the proposed development before submitting an application pursuant to this section.
(r)(1)This section shall not apply to applications for developments proposed on qualified sites that are submitted on or after January 1, 2024, but before July 1, 2025.
(2)For purposes of this subdivision, qualified site means a site that meets the following requirements:
(A)The site is located within an equine or equestrian district designated by a general plan or specific or master plan, which may include a specific narrative reference to a geographically determined area or map of the same. Parcels adjoined and only separated by a street or highway shall be considered to be within an equestrian district.
(B)As of January 1, 2024, the general plan applicable to the site contains, and has contained for five or more years, an equine or equestrian district designation where the site is located.
(C)As of January 1, 2024, the equine or equestrian district applicable to the site is not zoned to include residential uses, but authorizes residential uses with a conditional use permit.
(D)The applicable local government has an adopted housing element that is compliant with applicable law.
(3)The Legislature finds and declares that the purpose of this subdivision is to allow local governments to conduct general plan updates to align their general plan with applicable zoning changes.
(s)The provisions of clause (iii) of subparagraph (E) of paragraph (8) of subdivision (a) relating to health care expenditures are distinct and severable from the remaining provisions of this section. However, the remaining portions of paragraph (8) of subdivision (a) are a material and integral part of this section and are not severable. If any provision or application of paragraph (8) of subdivision (a) is held invalid, this entire section shall be null and void.
(t)(1)The changes made to this section by the act adding this subdivision shall apply in a coastal zone, as defined in Division 20 (commencing with Section 30000) of the Public Resources Code, on and after January 1, 2025.
(2)In an area of the coastal zone not excluded under paragraph (6) of subdivision (a), a development that satisfies the requirements of subdivision (a) shall require a coastal development permit pursuant to Chapter 7 (commencing with Section 30600) of Division 20 of the Public Resources Code. A public agency with coastal development permitting authority shall approve a coastal development permit if it determines that the development is consistent with all objective standards of the local governments certified local coastal program or, for areas that are not subject to a fully certified local coastal program, the certified land use plan of that area.
(3)For purposes of this section, receipt of any density bonus, concessions, incentives, waivers or reductions of development standards, and parking ratios to which the applicant is entitled under Section 65915 shall not constitute a basis to find the project inconsistent with the local coastal program.
(u)It is the policy of the state that this section be interpreted and implemented in a manner to afford the fullest possible weight to the interest of, and the approval and provision of, increased housing supply.
(v)This section shall remain in effect only until January 1, 2036, and as of that date is repealed.
SEC. 2.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)Except as provided in subdivision (r), a development proponent may submit an application for a development that is subject to the streamlined, ministerial approval process provided by subdivision (c) and is not subject to a conditional use permit or any other nonlegislative discretionary approval if the development complies with subdivision (b) and 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 and the site on which it is located satisfy all of the following:
(A)It 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)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)(i)A site that meets the requirements of clause (ii) and satisfies any of the following:
(I)The site is zoned for residential use or residential mixed-use development.
(II)The site has a general plan designation that allows residential use or a mix of residential and nonresidential uses.
(III)The site meets the requirements of Section 65852.24.
(ii)At least two-thirds of the square footage of the development is designated for residential use. Additional density, floor area, and units, and any other concession, incentive, or waiver of development standards granted pursuant to the Density Bonus Law in Section 65915 shall be included in the square footage calculation. The square footage of the development shall not include underground space, such as basements or underground parking garages.
(3)(A)The development proponent has committed to record, prior to the issuance of the first building permit, a land use restriction or covenant providing that any lower or moderate income moderate-income housing units required pursuant to subparagraph (B) of paragraph (4) shall remain available at affordable housing costs or rent to persons and families of lower or moderate income for no less than the following periods of time:
(i)Fifty-five years for units that are rented.
(ii)Forty-five years for units that are owned.
(B)The city or county shall require the recording of covenants or restrictions implementing this paragraph for each parcel or unit of real property included in the development.
(4)The development satisfies clause (i) or (ii) of subparagraph (A) and satisfies subparagraph (B) below:
(A)(i)For a development located in a locality that is in its sixth or earlier housing element cycle, the development is located in either of the following:
(I)In a locality that the department has determined is subject to this clause on the basis that the number of units that have been issued building permits, as shown on the most recent production report received by the department, 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 subclause until the departments determination for the next reporting period.
(II)In a locality that the department has determined is subject to this clause on the basis that the locality did not adopt a housing element that has been found in substantial compliance with housing element law (Article 10.6 (commencing with Section 65580) of Chapter 3) by the department. A locality shall remain eligible under this subclause until such time as the locality adopts a housing element that has been found in substantial compliance with housing element law (Article 10.6 (commencing with Section 65580) of Chapter 3) by the department.
(ii)For a development located in a locality that is in its seventh or later housing element cycle, is located in a locality that the department has determined is subject to this clause on the basis that the locality did not adopt a housing element that has been found in substantial compliance with housing element law (Article 10.6 (commencing with Section 65580) of Chapter 3) by the department by the statutory deadline, or that the number of units that have been issued building permits, as shown on the most recent production report received by the department, 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.
(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 adopt a housing element pursuant to Section 65588 that has been found in substantial compliance with the housing element law (Article 10.6 (commencing with Section 65580) of Chapter 3) by the department, did not submit its latest production report to the department by the time period required by Section 65400, or that production report submitted to the department reflects that there were fewer units of above moderate-income housing issued building permits 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 does one of the following:
(I)For for-rent projects, the project dedicates a minimum of 10 percent of the total number of units, before calculating any density bonus, to housing affordable to households making at or below 50 percent of the area median income. However, 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 50 percent of the area median income, that local ordinance applies.
(II)For for-sale projects, the project dedicates a minimum of 10 percent of the total number of units, before calculating any density bonus, to housing affordable to households making at or below 80 percent of the area median income. However, 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 local ordinance applies.
(III)(ia)If the project is located within the San Francisco Bay area, the project, in lieu of complying with subclause (I) or (II), may opt to abide by this subclause. Projects utilizing this subclause shall dedicate 20 percent of the total number of units, before calculating any density bonus, to housing affordable to households making below 100 percent of the area median income with the average income of the units at or below 80 percent of the area median income. However, a local ordinance adopted by the locality applies if it requires greater than 20 percent of the units be dedicated to housing affordable to households making at or below 100 percent of the area median income, or requires that any of the units be dedicated at a level deeper than 100 percent. In order to comply with this subclause, the rent or sale price charged for units that are dedicated to housing affordable to households between 80 percent and 100 percent of the area median income shall not exceed 30 percent of the gross income of the household.
(ib)For purposes of this subclause, San Francisco Bay area means the entire area within the territorial boundaries of the Counties of Alameda, Contra Costa, Marin, Napa, San Mateo, Santa Clara, Solano, and Sonoma, and the City and County of San Francisco.
(ii)(I)The localitys latest production report reflects that there were fewer units of housing issued building permits 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, and the one of the following conditions exist:
(ia)The project seeking approval dedicates 50 percent of the total number of units, before calculating any density bonus, to housing affordable to households making at or below 80 percent of the area median income. However, if 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 at or below 80 percent of the area median income, that local ordinance applies.
(ib)The project application was submitted prior to January 1, 2019, and the project includes at least 500 units of housing, the project seeking approval or seeking a modification to a prior approval dedicates 20 percent of the total number of units, before calculating any density bonus, as affordable units, with at least 9 percent affordable to households making at or below 50 percent of the area median income and the remainder affordable to households making at or below 80 percent of the area median income.
(II)Notwithstanding the conditions described in sub-subclauses (ia) and (ib) of subclause (I), if the locality has adopted a local ordinance that requires that greater than 50 percent, or greater than 20 percent as applicable, of the units be dedicated to housing affordable to households making at or below 80 percent of the area median income, that local ordinance applies.
(III)For purposes of this clause, the reference to units affordable to very low income households includes units affordable to acutely low income households, as defined in Section 50063.5 of the Health and Safety Code, and to extremely low income households, as defined in Section 50106 of the Health and Safety Code.
(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 both income levels described in clauses (i) and (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).
(C)(i)A development proponent that uses a unit of affordable housing to satisfy the requirements of subparagraph (B) may also satisfy any other local or state requirement for affordable housing, including local ordinances or the Density Bonus Law in Section 65915, provided that the development proponent complies with the applicable requirements in the state or local law. If a local requirement for affordable housing requires units that are restricted to households with incomes higher than the applicable income limits required in subparagraph (B), then units that meet the applicable income limits required in subparagraph (B) shall be deemed to satisfy those local requirements for higher income units.
(ii)A development proponent that uses a unit of affordable housing to satisfy any other state or local affordability requirement may also satisfy the requirements of subparagraph (B), provided that the development proponent complies with applicable requirements of subparagraph (B).
(iii)A development proponent may satisfy the affordability requirements of subparagraph (B) with a unit that is restricted to households with incomes lower than the applicable income limits required in subparagraph (B).
(D)The amendments to this subdivision made by the act adding this subparagraph do not constitute a change in, but are declaratory of, existing law.
(5)The development, excluding any additional density or any other concessions, incentives, or waivers of development standards for which the development is eligible pursuant to the Density Bonus Law in Section 65915, is consistent with objective zoning standards, objective subdivision standards, and objective design review standards in effect at the time that the development is submitted to the local government pursuant to this section, or at the time a notice of intent is submitted pursuant to subdivision (b), whichever occurs earlier. For purposes of this paragraph, objective zoning standards, objective subdivision standards, and objective design review standards mean standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official before submittal. These standards may be embodied in alternative objective land use specifications adopted by a city or county, and may include, but are not limited to, housing overlay zones, specific plans, inclusionary zoning ordinances, and density bonus ordinances, subject to the following:
(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, subdivision, or design review standards are mutually inconsistent, a development shall be deemed consistent with the objective zoning and subdivision standards pursuant to this subdivision if the development is consistent with the standards set forth in the general plan.
(C)It is the intent of the Legislature that the objective zoning standards, objective subdivision standards, and objective design review standards described in this paragraph be adopted or amended in compliance with the requirements of Chapter 905 of the Statutes of 2004.
(D)The amendments to this subdivision made by the act adding this subparagraph do not constitute a change in, but are declaratory of, existing law.
(E)A project that satisfies the requirements of Section 65852.24 shall be deemed consistent with objective zoning standards, objective design standards, and objective subdivision standards if the project is consistent with the provisions of subdivision (b) of Section 65852.24 and if none of the square footage in the project is designated for hotel, motel, bed and breakfast inn, or other transient lodging use, except for a residential hotel. For purposes of this subdivision, residential hotel shall have the same meaning as defined in Section 50519 of the Health and Safety Code.
(6)The development is not located on a site that is any of the following:
(A)(i)An area of the coastal zone subject to paragraph (1) or (2) of subdivision (a) of Section 30603 of the Public Resources Code.
(ii)An area of the coastal zone that is not subject to a certified local coastal program or a certified land use plan.
(iii)An area of the coastal zone that is vulnerable to five feet of sea level rise, as determined by the National Oceanic and Atmospheric Administration, the Ocean Protection Council, the United States Geological Survey, the University of California, or a local governments coastal hazards vulnerability assessment.
(iv)In a parcel within the coastal zone that is not zoned for multifamily housing.
(v)In a parcel in the coastal zone and located on either of the following:
(I)On, or within a 100-foot radius of, a wetland, as defined in Section 30121 of the Public Resources Code.
(II)On prime agricultural land, as defined in Sections 30113 and 30241 of the Public Resources Code.
(B)Either prime farmland or farmland of statewide importance, as defined pursuant to the 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 the state responsibility area, as defined in Section 4102 of the Public Resources Code. This subparagraph does not apply to sites that have adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development, including, but not limited to, standards established under all of the following or their successor provisions:
(i)Section 4291 of the Public Resources Code or Section 51182, as applicable.
(ii)Section 4290 of the Public Resources Code.
(iii)Chapter 7A of the California Building Code (Title 24 of the California Code of Regulations).
(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 either of the following apply:
(i)The site is an underground storage tank site that received a uniform closure letter issued pursuant to subdivision (g) of Section 25296.10 of the Health and Safety Code based on closure criteria established by the State Water Resources Control Board for residential use or residential mixed uses. This section does not alter or change the conditions to remove a site from the list of hazardous waste sites listed pursuant to Section 65962.5.
(ii)The State Department of Public Health, State Water Resources Control Board, Department of Toxic Substances Control, or a local agency making a determination pursuant to subdivision (c) of Section 25296.10 of the Health and Safety Code, has otherwise determined that the site is suitable 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 special flood hazard area subject to inundation by the 1 percent annual chance flood (100-year flood) as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency. If a development proponent is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this subparagraph and is otherwise eligible for streamlined approval under this section, a local government shall not deny the application on the basis that the development proponent did not comply with any additional permit requirement, standard, or action adopted by that local government that is applicable to that site. A development may be located on a site described in this subparagraph if either of the following are met:
(i)The site has been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction.
(ii)The site meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program 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 regulatory floodway as determined by the Federal Emergency Management Agency in any official maps published 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. If a development proponent is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this subparagraph and is otherwise eligible for streamlined approval under this section, a local government shall not deny the application on the basis that the development proponent did not comply with any additional permit requirement, standard, or action adopted by that local government that is applicable to that site.
(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)Except as provided in paragraph (9), a proponent of a development project approved by a local government pursuant to this section shall require in contracts with construction contractors, and shall certify to the local government, that the following standards specified in this paragraph will be met in project construction, as applicable:
(A)A development that is not in its entirety a public work for purposes of Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code and approved by a local government pursuant to Article 2 (commencing with Section 65912.110) or Article 3 (commencing with Section 65912.120) shall be subject to all of the following:
(i)All construction workers employed in the execution of the development shall 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.
(ii)The development proponent shall ensure that the prevailing wage requirement is included in all contracts for the performance of the work, and shall also provide notice of all contracts for the performance of the work to the Department of Industrial Relations, in accordance with Section 1773.35 of the Labor Code, for those portions of the development that are not a public work.
(iii)All contractors and subcontractors for those portions of the development that are not a public work shall comply with all of the following:
(I)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.
(II)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 that section. This subclause does 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 subclause, project labor agreement has the same meaning as set forth in paragraph (1) of subdivision (b) of Section 2500 of the Public Contract Code.
(III)Be registered in accordance with Section 1725.6 of the Labor Code.
(B)(i)The obligation of the contractors and subcontractors to pay prevailing wages pursuant to this paragraph may be enforced by any of the following:
(I)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.
(II)An underpaid worker through an administrative complaint or civil action.
(III)A joint labor-management committee through a civil action under Section 1771.2 of the Labor Code.
(ii)If a civil wage and penalty assessment is issued pursuant to this paragraph, 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.
(iii)This paragraph does 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.
(C)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 does not apply to those portions of a development that are not a public work if otherwise provided in a bona fide collective bargaining agreement covering the worker.
(D)The requirement of this paragraph 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.
(E)A development of 50 or more housing units approved by a local government pursuant to this section shall meet all of the following labor standards:
(i)The development proponent shall require in contracts with construction contractors and shall certify to the local government that each contractor of any tier who will employ construction craft employees or will let subcontracts for at least 1,000 hours shall satisfy the requirements in clauses (ii) and (iii). A construction contractor is deemed in compliance with clauses (ii) and (iii) if it is signatory to a valid collective bargaining agreement that requires utilization of registered apprentices and expenditures on health care for employees and dependents.
(ii)A contractor with construction craft employees shall either participate in an apprenticeship program approved by the California Division of Apprenticeship Standards pursuant to Section 3075 of the Labor Code, or request the dispatch of apprentices from a state-approved apprenticeship program under the terms and conditions set forth in Section 1777.5 of the Labor Code. A contractor without construction craft employees shall show a contractual obligation that its subcontractors comply with this clause.
(iii)Each contractor with construction craft employees shall make health care expenditures for each employee in an amount per hour worked on the development equivalent to at least the hourly pro rata cost of a Covered California Platinum level plan for two adults 40 years of age and two dependents 0 to 14 years of age for the Covered California rating area in which the development is located. A contractor without construction craft employees shall show a contractual obligation that its subcontractors comply with this clause. Qualifying expenditures shall be credited toward compliance with prevailing wage payment requirements set forth in this paragraph.
(iv)(I)The development proponent shall provide to the local government, on a monthly basis while its construction contracts on the development are being performed, a report demonstrating compliance with clauses (ii) and (iii). The reports shall be considered public records under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1) and shall be open to public inspection.
(II)A development proponent that fails to provide the monthly report shall be subject to a civil penalty for each month for which the report has not been provided, in the amount of 10 percent of the dollar value of construction work performed by that contractor on the development in the month in question, up to a maximum of ten thousand dollars ($10,000). Any contractor or subcontractor that fails to comply with clauses (ii) and (iii) shall be subject to a civil penalty of two hundred dollars ($200) per day for each worker employed in contravention of clauses (ii) and (iii).
(III)Penalties may be assessed by the Labor Commissioner within 18 months of completion of the development using the procedures for issuance of civil wage and penalty assessments specified in Section 1741 of the Labor Code, and may be reviewed pursuant to Section 1742 of the Labor Code. Penalties shall be deposited in the State Public Works Enforcement Fund established pursuant to Section 1771.3 of the Labor Code.
(v)Each construction contractor shall maintain and verify payroll records pursuant to Section 1776 of the Labor Code. Each construction contractor shall submit payroll records directly to the Labor Commissioner at least monthly in a format prescribed by the Labor Commissioner in accordance with subparagraph (A) of paragraph (3) of subdivision (a) of Section 1771.4 of the Labor Code. The records shall include a statement of fringe benefits. Upon request by a joint labor-management cooperation committee established pursuant to the federal Labor Management Cooperation Act of 1978 (29 U.S.C. Sec. 175a), the records shall be provided pursuant to subdivision (e) of Section 1776 of the Labor Code.
(vi)All construction contractors shall report any change in apprenticeship program participation or health care expenditures to the local government within 10 business days, and shall reflect those changes on the monthly report. The reports shall be considered public records pursuant to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1) and shall be open to public inspection.
(vii)A joint labor-management cooperation committee established pursuant to the federal Labor Management Cooperation Act of 1978 (29 U.S.C. Sec. 175a) shall have standing to sue a construction contractor for failure to make health care expenditures pursuant to clause (iii) in accordance with Section 218.7 or 218.8 of the Labor Code.
(F)For any project over 85 feet in height above grade, the following skilled and trained workforce provisions apply:
(i)Except as provided in clause (ii), the developer shall enter into construction contracts with prime contractors only if all of the following are satisfied:
(I)The contract contains an enforceable commitment that the prime contractor and subcontractors at every tier will use a skilled and trained workforce, as defined in Section 2601 of the Public Contract Code, to perform work on the project that falls within an apprenticeable occupation in the building and construction trades. However, this enforceable commitment requirement shall not apply to any scopes of work where new bids are accepted pursuant to subclause (I) of clause (ii).
(II)The developer or prime contractor shall establish minimum bidding requirements for subcontractors that are objective to the maximum extent possible. The developer or prime contractor shall not impose any obstacles in the bid process for subcontractors that go beyond what is reasonable and commercially customary. The developer or prime contractor must accept bids submitted by any bidder that meets the minimum criteria set forth in the bid solicitation.
(III)The prime contractor has provided an affidavit under penalty of perjury that, in compliance with this subparagraph, it will use a skilled and trained workforce and will obtain from its subcontractors an enforceable commitment to use a skilled and trained workforce for each scope of work in which it receives at least three bids attesting to satisfaction of the skilled and trained workforce requirements.
(IV)When a prime contractor or subcontractor is required to provide an enforceable commitment that a skilled and trained workforce will be used to complete a contract or project, the commitment shall be made in an enforceable agreement with the developer that provides the following:
(ia)The prime contractor and subcontractors at every tier will comply with this chapter.
(ib)The prime contractor will provide the developer, on a monthly basis while the project or contract is being performed, a report demonstrating compliance by the prime contractor.
(ic)The prime contractor shall provide the developer, on a monthly basis while the project or contract is being performed, the monthly reports demonstrating compliance submitted to the prime contractor by the affected subcontractors.
(ii)(I)If a prime contractor fails to receive at least three bids in a scope of construction work from subcontractors that attest to satisfying the skilled and trained workforce requirements as described in this subparagraph, the prime contractor may accept new bids for that scope of work. The prime contractor need not require that a skilled and trained workforce be used by the subcontractors for that scope of work.
(II)The requirements of this subparagraph shall not apply if all contractors, subcontractors, and craft unions performing work on the development are subject to a multicraft 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. The multicraft project labor agreement shall include all construction crafts with applicable coverage determinations for the specified scopes of work on the project pursuant to Section 1773 of the Labor Code and shall be executed by all applicable labor organizations regardless of affiliation. For purposes of this clause, project labor agreement means a prehire collective bargaining agreement that establishes terms and conditions of employment for a specific construction project or projects and is an agreement described in Section 158(f) of Title 29 of the United States Code.
(III)Requirements set forth in this subparagraph shall not apply to projects where 100 percent of the units, exclusive of a managers unit or units, are dedicated to lower income households, as defined by in Section 50079.5 of the Health and Safety Code.
(iii)If the skilled and trained workforce requirements of this subparagraph apply, the prime contractor shall require subcontractors to provide, and subcontractors on the project shall provide, the following to the prime contractor:
(I)An affidavit signed under penalty of perjury that a skilled and trained workforce shall be employed on the project.
(II)Reports on a monthly basis, while the project or contract is being performed, demonstrating compliance with this chapter.
(iv)Upon issuing any invitation or bid solicitation for the project, but no less than seven days before the bid is due, the developer shall send a notice of the invitation or solicitation that describes the project to the following entities within the jurisdiction of the proposed project site:
(I)Any bona fide labor organization representing workers in the building and construction trades who may perform work necessary to complete the project and the local building and construction trades council.
(II)Any organization representing contractors that may perform work necessary to complete the project, including any contractors association or regional builders exchange.
(v)The developer or prime contractor shall, within three business days of a request by a joint labor-management cooperation committee established pursuant to the federal Labor Management Cooperation 8 Act of 1978 (29 U.S.C. Sec. 175a), provide all of the following:
(I)The names and Contractors State License Board numbers of the prime contractor and any subcontractors that submitted a proposal or bid for the development project.
(II)The names and Contractors State License Board numbers of contractors and subcontractors that are under contract to perform construction work.
(vi)(I)For all projects subject to this subparagraph, the development proponent shall provide to the locality, on a monthly basis while the project or contract is being performed, a report demonstrating that the self-performing prime contractor and all subcontractors used a skilled and trained workforce, as defined in Section 2601 of the Public Contract Code, unless otherwise exempt under this subparagraph. A monthly report provided to the locality pursuant to this subclause shall be a public record under the California Public Records Act Division 10 (commencing with Section 7920.000) of Title 1 and shall be open to public inspection. A developer that fails to provide a complete monthly report shall be subject to a civil penalty of 10 percent of the dollar value of construction work performed by that contractor on the project in the month in question, up to a maximum of ten thousand dollars ($10,000) per month for each month for which the report has not been provided.
(II)Any subcontractors or prime contractor self-performing work subject to the skilled and trained workforce requirements under this subparagraph that fail 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 project using the same 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. Prime contractors shall not be jointly liable for violations of this subparagraph by subcontractors. Penalties shall be paid to the State Public Works Enforcement Fund or the locality or its labor standards enforcement agency, depending on the lead entity performing the enforcement work.
(III)Any provision of a contract or agreement of any kind between a developer and a prime contractor that purports to delegate, transfer, or assign to a prime contractor any obligations of or penalties incurred by a developer shall be deemed contrary to public policy and shall be void and unenforceable.
(G)A locality, and any labor standards enforcement agency the locality lawfully maintains, shall have standing to take administrative action or sue a construction contractor for failure to comply with this paragraph. A prevailing locality or labor standards enforcement agency shall distribute any wages and penalties to workers in accordance with law and retain any fees, additional penalties, or assessments.
(9)Notwithstanding paragraph (8), a development that is subject to approval pursuant to this section is exempt from any requirement to pay prevailing wages, use a workforce participating in an apprenticeship, or provide health care expenditures if it satisfies both of the following:
(A)The project consists of 10 or fewer units.
(B)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.
(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)(A)(i)Before submitting an application for a development subject to the streamlined, ministerial approval process described in subdivision (c), the development proponent shall submit to the local government a notice of its intent to submit an application. The notice of intent shall be in the form of a preliminary application that includes all of the information described in Section 65941.1, as that section read on January 1, 2020.
(ii)Upon receipt of a notice of intent to submit an application described in clause (i), the local government shall engage in a scoping consultation regarding the proposed development with any California Native American tribe that is traditionally and culturally affiliated with the geographic area, as described in Section 21080.3.1 of the Public Resources Code, of the proposed development. In order to expedite compliance with this subdivision, the local government shall contact the Native American Heritage Commission for assistance in identifying any California Native American tribe that is traditionally and culturally affiliated with the geographic area of the proposed development.
(iii)The timeline for noticing and commencing a scoping consultation in accordance with this subdivision shall be as follows:
(I)The local government shall provide a formal notice of a development proponents notice of intent to submit an application described in clause (i) to each California Native American tribe that is traditionally and culturally affiliated with the geographic area of the proposed development within 30 days of receiving that notice of intent. The formal notice provided pursuant to this subclause shall include all of the following:
(ia)A description of the proposed development.
(ib)The location of the proposed development.
(ic)An invitation to engage in a scoping consultation in accordance with this subdivision.
(II)Each California Native American tribe that receives a formal notice pursuant to this clause shall have 30 days from the receipt of that notice to accept the invitation to engage in a scoping consultation.
(III)If the local government receives a response accepting an invitation to engage in a scoping consultation pursuant to this subdivision, the local government shall commence the scoping consultation within 30 days of receiving that response.
(B)The scoping consultation shall recognize that California Native American tribes traditionally and culturally affiliated with a geographic area have knowledge and expertise concerning the resources at issue and shall take into account the cultural significance of the resource to the culturally affiliated California Native American tribe.
(C)The parties to a scoping consultation conducted pursuant to this subdivision shall be the local government and any California Native American tribe traditionally and culturally affiliated with the geographic area of the proposed development. More than one California Native American tribe traditionally and culturally affiliated with the geographic area of the proposed development may participate in the scoping consultation. However, the local government, upon the request of any California Native American tribe traditionally and culturally affiliated with the geographic area of the proposed development, shall engage in a separate scoping consultation with that California Native American tribe. The development proponent and its consultants may participate in a scoping consultation process conducted pursuant to this subdivision if all of the following conditions are met:
(i)The development proponent and its consultants agree to respect the principles set forth in this subdivision.
(ii)The development proponent and its consultants engage in the scoping consultation in good faith.
(iii)The California Native American tribe participating in the scoping consultation approves the participation of the development proponent and its consultants. The California Native American tribe may rescind its approval at any time during the scoping consultation, either for the duration of the scoping consultation or with respect to any particular meeting or discussion held as part of the scoping consultation.
(D)The participants to a scoping consultation pursuant to this subdivision shall comply with all of the following confidentiality requirements:
(i)Section 7927.000.
(ii)Section 7927.005.
(iii)Subdivision (c) of Section 21082.3 of the Public Resources Code.
(iv)Subdivision (d) of Section 15120 of Title 14 of the California Code of Regulations.
(v)Any additional confidentiality standards adopted by the California Native American tribe participating in the scoping consultation.
(E)The California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) shall not apply to a scoping consultation conducted pursuant to this subdivision.
(2)(A)If, after concluding the scoping consultation, the parties find that no potential tribal cultural resource would be affected by the proposed development, the development proponent may submit an application for the proposed development that is subject to the streamlined, ministerial approval process described in subdivision (c).
(B)If, after concluding the scoping consultation, the parties find that a potential tribal cultural resource could be affected by the proposed development and an enforceable agreement is documented between the California Native American tribe and the local government on methods, measures, and conditions for tribal cultural resource treatment, the development proponent may submit the application for a development subject to the streamlined, ministerial approval process described in subdivision (c). The local government shall ensure that the enforceable agreement is included in the requirements and conditions for the proposed development.
(C)If, after concluding the scoping consultation, the parties find that a potential tribal cultural resource could be affected by the proposed development and an enforceable agreement is not documented between the California Native American tribe and the local government regarding methods, measures, and conditions for tribal cultural resource treatment, the development shall not be eligible for the streamlined, ministerial approval process described in subdivision (c).
(D)For purposes of this paragraph, a scoping consultation shall be deemed to be concluded if either of the following occur:
(i)The parties to the scoping consultation document an enforceable agreement concerning methods, measures, and conditions to avoid or address potential impacts to tribal cultural resources that are or may be present.
(ii)One or more parties to the scoping consultation, acting in good faith and after reasonable effort, conclude that a mutual agreement on methods, measures, and conditions to avoid or address impacts to tribal cultural resources that are or may be present cannot be reached.
(E)If the development or environmental setting substantially changes after the completion of the scoping consultation, the local government shall notify the California Native American tribe of the changes and engage in a subsequent scoping consultation if requested by the California Native American tribe.
(3)A local government may only accept an application for streamlined, ministerial approval pursuant to this section if one of the following applies:
(A)A California Native American tribe that received a formal notice of the development proponents notice of intent to submit an application pursuant to subclause (I) of clause (iii) of subparagraph (A) of paragraph (1) did not accept the invitation to engage in a scoping consultation.
(B)The California Native American tribe accepted an invitation to engage in a scoping consultation pursuant to subclause (II) of clause (iii) of subparagraph (A) of paragraph (1) but substantially failed to engage in the scoping consultation after repeated documented attempts by the local government to engage the California Native American tribe.
(C)The parties to a scoping consultation pursuant to this subdivision find that no potential tribal cultural resource will be affected by the proposed development pursuant to subparagraph (A) of paragraph (2).
(D)A scoping consultation between a California Native American tribe and the local government has occurred in accordance with this subdivision and resulted in agreement pursuant to subparagraph (B) of paragraph (2).
(4)A project shall not be eligible for the streamlined, ministerial process described in subdivision (c) if any of the following apply:
(A)There is a tribal cultural resource that is on a national, state, tribal, or local historic register list located on the site of the project.
(B)There is a potential tribal cultural resource that could be affected by the proposed development and the parties to a scoping consultation conducted pursuant to this subdivision do not document an enforceable agreement on methods, measures, and conditions for tribal cultural resource treatment, as described in subparagraph (C) of paragraph (2).
(C)The parties to a scoping consultation conducted pursuant to this subdivision do not agree as to whether a potential tribal cultural resource will be affected by the proposed development.
(5)(A)If, after a scoping consultation conducted pursuant to this subdivision, a project is not eligible for the streamlined, ministerial approval process described in subdivision (c) for any or all of the following reasons, the local government shall provide written documentation of that fact, and an explanation of the reason for which the project is not eligible, to the development proponent and to any California Native American tribe that is a party to that scoping consultation:
(i)There is a tribal cultural resource that is on a national, state, tribal, or local historic register list located on the site of the project, as described in subparagraph (A) of paragraph (4).
(ii)The parties to the scoping consultation have not documented an enforceable agreement on methods, measures, and conditions for tribal cultural resource treatment, as described in subparagraph (C) of paragraph (2) and subparagraph (B) of paragraph (4).
(iii)The parties to the scoping consultation do not agree as to whether a potential tribal cultural resource will be affected by the proposed development, as described in subparagraph (C) of paragraph (4).
(B)The written documentation provided to a development proponent pursuant to this paragraph shall include information on how the development proponent may seek a conditional use permit or other discretionary approval of the development from the local government.
(6)This section is not intended, and shall not be construed, to limit consultation and discussion between a local government and a California Native American tribe pursuant to other applicable law, confidentiality provisions under other applicable law, the protection of religious exercise to the fullest extent permitted under state and federal law, or the ability of a California Native American tribe to submit information to the local government or participate in any process of the local government.
(7)For purposes of this subdivision:
(A)Consultation means the meaningful and timely process of seeking, discussing, and considering carefully the views of others, in a manner that is cognizant of all parties cultural values and, where feasible, seeking agreement. Consultation between local governments and Native American tribes shall be conducted in a way that is mutually respectful of each partys sovereignty. Consultation shall also recognize the tribes potential needs for confidentiality with respect to places that have traditional tribal cultural importance. A lead agency shall consult the tribal consultation best practices described in the State of California Tribal Consultation Guidelines: Supplement to the General Plan Guidelines prepared by the Office of Planning and Research.
(B)Scoping means the act of participating in early discussions or investigations between the local government and California Native American tribe, and the development proponent if authorized by the California Native American tribe, regarding the potential effects a proposed development could have on a potential tribal cultural resource, as defined in Section 21074 of the Public Resources Code, or California Native American tribe, as defined in Section 21073 of the Public Resources Code.
(8)This subdivision shall not apply to any project that has been approved under the streamlined, ministerial approval process provided under this section before the effective date of the act adding this subdivision.
(c)(1)Notwithstanding any local law, if a local governments planning director or equivalent position determines that a development submitted pursuant to this section is consistent with the objective planning standards specified in subdivision (a) and pursuant to paragraph (3) of this subdivision, the local government shall approve the development. Upon a determination that a development submitted pursuant to this section is in conflict with any of the objective planning standards specified in subdivision (a), the local government staff or relevant local planning and permitting department that made the determination 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.
(C)Within 30 days of submittal of any development proposal that was resubmitted to address written feedback provided by the local government pursuant to this paragraph.
(2)If the local governments planning director or equivalent position 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).
(3)For purposes of this section, a development is consistent with the objective planning standards specified in subdivision (a) if there is substantial evidence that would allow a reasonable person to conclude that the development is consistent with the objective planning standards. The local government shall not determine that a development, including an application for a modification under subdivision (h), is in conflict with the objective planning standards on the basis that application materials are not included, if the application contains substantial evidence that would allow a reasonable person to conclude that the development is consistent with the objective planning standards.
(4)Upon submittal of an application for streamlined, ministerial approval pursuant to this section to the local government, all departments of the local government that are required to issue an approval of the development prior to the granting of an entitlement shall comply with the requirements of this section within the time periods specified in paragraph (1).
(d)(1)Any design review of the development may be conducted by the local governments planning commission or any equivalent board or commission responsible for design review. That design review shall be objective and be strictly focused on assessing compliance with criteria required for streamlined 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 shall be completed, and if the development is consistent with all objective standards, the local government shall approve the development as follows and shall not in any way inhibit, chill, or preclude the ministerial approval provided by this section or its effect, as applicable:
(A)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.
(B)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.
(2)If the development is consistent with the requirements of subparagraph (A) or (B) of paragraph (9) of subdivision (a) and is consistent with all objective subdivision standards in the local subdivision ordinance, an An application for a subdivision pursuant to the Subdivision Map Act (Division 2 (commencing with Section 66410)) shall be exempt from the requirements of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) and shall be subject to the public oversight timelines set forth in paragraph (1). (1) if the development is consistent with the requirements of this section, including, but not limited to, paragraph (8) of subdivision (a), and all objective subdivision standards in the local subdivision ordinance, and meets at least one of the following requirements:
(A)The development has received or will receive financing or funding by means of a low-income housing tax credit.
(B)The development is located on a legal parcel or parcels within either of the following:
(i)An incorporated city, the boundaries of which include some portion of an urbanized area.
(ii)An urbanized area or urban cluster in a county with a population greater than 250,000 based on the most recent United States Census Bureau data.
(iii)For purposes of this subparagraph, the following definitions apply:
(I)Urbanized area means an urbanized area designated by the United States Census Bureau, as published in the Federal Register, Volume 77, Number 59, on March 27, 2012.
(II)Urban cluster means an urban cluster designated by the United States Census Bureau, as published in the Federal Register, Volume 77, Number 59, on March 27, 2012.
(3)If a local government determines that a development submitted pursuant to this section is in conflict with any of the standards imposed pursuant to paragraph (1), it shall provide the development proponent written documentation of which objective standard or standards the development conflicts with, and an explanation for the reason or reasons the development conflicts with that objective standard or standards consistent with the timelines described in paragraph (1) of subdivision (c).
(e)(1)Notwithstanding any other law, a local government, whether or not it has adopted an ordinance governing automobile parking requirements in multifamily developments, shall not impose automobile 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 automobile parking requirements for streamlined developments approved pursuant to this section that exceed one parking space per unit.
(f)Notwithstanding any law, a local government shall not require any of the following prior to approving a development that meets the requirements of this section:
(1)Studies, information, or other materials that do not pertain directly to determining whether the development is consistent with the objective planning standards applicable to the development.
(2)(A)Compliance with any standards necessary to receive a postentitlement permit.
(B)This paragraph does not prohibit a local agency from requiring compliance with any standards necessary to receive a postentitlement permit after a permit has been issued pursuant to this section.
(C)For purposes of this paragraph, postentitlement permit has the same meaning as provided in subparagraph (A) of paragraph (3) of subdivision (j) of Section 65913.3.
(g)(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 satisfies both of the following requirements:
(A)The project includes public investment in housing affordability, beyond tax credits.
(B)At least 50 percent of the units are affordable to households making at or below 80 percent of the area median income.
(2)(A)If a local government approves a development pursuant to this section, and the project does not satisfy the requirements of subparagraphs (A) and (B) of paragraph (1), that approval shall remain valid for three years from the date of the final action establishing that approval, or if litigation is filed challenging that approval, from the date of the final judgment upholding that approval. Approval shall remain valid for a project provided construction activity, including demolition and grading activity, on the development site that has begun pursuant to a permit issued by the local jurisdiction and is in progress. For purposes of this subdivision, in progress means one of the following:
(i)The construction has begun and has not ceased for more than 180 days.
(ii)If the development requires multiple building permits, an initial phase has been completed, and the project proponent has applied for and is diligently pursuing a building permit for a subsequent phase, provided that once it has been issued, the building permit for the subsequent phase does not lapse.
(B)Notwithstanding subparagraph (A), a local government may grant a project 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 the development proponent requests a modification pursuant to subdivision (h), then the time during which the approval shall remain valid shall be extended for the number of days between the submittal of a modification request and the date of its final approval, plus an additional 180 days to allow time to obtain a building permit. If litigation is filed relating to the modification request, the time shall be further extended during the pendency of the litigation. The extension required by this paragraph shall only apply to the first request for a modification submitted by the development proponent.
(4)The amendments made to this subdivision by the act that added this paragraph shall also be retroactively applied to developments approved prior to January 1, 2022.
(h)(1)(A)A development proponent may request a modification to a development that has been approved under the streamlined, ministerial approval process provided in subdivision (c) if that request is submitted to the local government before the issuance of the final building permit required for construction of the development.
(B)Except as provided in paragraph (3), the local government shall approve a modification if it determines that the modification is consistent with the objective planning standards specified in subdivision (a) that were in effect when the original development application was first submitted.
(C)The local government shall evaluate any modifications requested pursuant to this subdivision for consistency with the objective planning standards using the same assumptions and analytical methodology that the local government originally used to assess consistency for the development that was approved for streamlined, ministerial approval pursuant to subdivision (c).
(D)A guideline that was adopted or amended by the department pursuant to subdivision (n) after a development was approved through the streamlined, ministerial approval process described in subdivision (c) shall not be used as a basis to deny proposed modifications.
(2)Upon receipt of the development proponents application requesting a modification, the local government shall determine if the requested modification is consistent with the objective planning standard and either approve or deny the modification request within 60 days after submission of the modification, or within 90 days if design review is required.
(3)Notwithstanding paragraph (1), the local government may apply objective planning standards adopted after the development application was first submitted to the requested modification in any of the following instances:
(A)The development is revised such that the total number of residential units or total square footage of construction changes increases by 15 percent or more or the total number of residential units decreases by 15 percent or more. The calculation of the square footage of construction changes increases shall not include underground space.
(B)The development is revised such that the total number of residential units or total square footage of construction changes increases by 5 percent or more or the total number of residential units decreases by 5 percent or more and it is necessary to subject the development to an objective standard beyond those in effect when the development application was submitted in order to mitigate or avoid a specific, adverse impact, as that term is defined in subparagraph (A) of paragraph (1) of subdivision (j) of Section 65589.5, upon the public health or safety and there is no feasible alternative method to satisfactorily mitigate or avoid the adverse impact. The calculation of the square footage of construction changes increases shall not include underground space.
(C)(i)Objective building standards contained in the California Building Standards Code (Title 24 of the California Code of Regulations), including, but not limited to, building plumbing, electrical, fire, and grading codes, may be applied to all modification applications that are submitted prior to the first building permit application. Those standards may be applied to modification applications submitted after the first building permit application if agreed to by the development proponent.
(ii)The amendments made to clause (i) by the act that added clause (i) shall also be retroactively applied to modification applications submitted prior to January 1, 2022.
(4)The local governments review of a modification request pursuant to this subdivision shall be strictly limited to determining whether the modification, including any modification to previously approved density bonus concessions or waivers, modify the developments consistency with the objective planning standards and shall not reconsider prior determinations that are not affected by the modification.
(i)(1)A local government shall not adopt or impose any requirement, including, but not limited to, increased fees or inclusionary housing requirements, that applies to a project solely or partially on the basis that the project is eligible to receive ministerial or streamlined approval pursuant to this section.
(2)(A)A local government shall issue a subsequent permit required for a development approved under this section if the application substantially complies with the development as it was approved pursuant to subdivision (c). Upon receipt of an application for a subsequent permit, the local government shall process the permit without unreasonable delay and shall not impose any procedure or requirement that is not imposed on projects that are not approved pursuant to this section. The local government shall consider the application for subsequent permits based upon the objective standards specified in any state or local laws that were in effect when the original development application was submitted, unless the development proponent agrees to a change in objective standards. Issuance of subsequent permits shall implement the approved development, and review of the permit application shall not inhibit, chill, or preclude the development. For purposes of this paragraph, a subsequent permit means a permit required subsequent to receiving approval under subdivision (c), and includes, but is not limited to, demolition, grading, encroachment, and building permits and final maps, if necessary.
(B)The amendments made to subparagraph (A) by the act that added this subparagraph shall also be retroactively applied to subsequent permit applications submitted prior to January 1, 2022.
(3)(A)If a public improvement is necessary to implement a development that is subject to the streamlined, ministerial approval pursuant to this section, including, but not limited to, a bicycle lane, sidewalk or walkway, public transit stop, driveway, street paving or overlay, a curb or gutter, a modified intersection, a street sign or street light, landscape or hardscape, an above-ground or underground utility connection, a water line, fire hydrant, storm or sanitary sewer connection, retaining wall, and any related work, and that public improvement is located on land owned by the local government, to the extent that the public improvement requires approval from the local government, the local government shall not exercise its discretion over any approval relating to the public improvement in a manner that would inhibit, chill, or preclude the development.
(B)If an application for a public improvement described in subparagraph (A) is submitted to a local government, the local government shall do all of the following:
(i)Consider the application based upon any objective standards specified in any state or local laws that were in effect when the original development application was submitted.
(ii)Conduct its review and approval in the same manner as it would evaluate the public improvement if required by a project that is not eligible to receive ministerial or streamlined approval pursuant to this section.
(C)If an application for a public improvement described in subparagraph (A) is submitted to a local government, the local government shall not do either of the following:
(i)Adopt or impose any requirement 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.
(ii)Unreasonably delay in its consideration, review, or approval of the application.
(j)(1)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.
(2)This section shall not prevent a development from also qualifying as a housing development project entitled to the protections of Section 65589.5. This paragraph does not constitute a change in, but is declaratory of, existing law.
(k)The California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) does not apply to actions taken by a state agency, local government, or the San Francisco Bay Area Rapid Transit District to:
(1)Lease, convey, or encumber land owned by the local government or the San Francisco Bay Area Rapid Transit District or to facilitate the lease, conveyance, or encumbrance of land owned by the local government, or for the lease of land owned by the San Francisco Bay Area Rapid Transit District in association with an eligible TOD project, as defined pursuant to Section 29010.1 of the Public Utilities Code, nor to any decisions associated with that lease, or to provide financial assistance to a development that receives streamlined approval pursuant to this section that is to be used for housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code.
(2)Approve improvements located on land owned by the local government or the San Francisco Bay Area Rapid Transit District that are necessary to implement a development that receives streamlined approval pursuant to this section that is to be used for housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code.
(l)For purposes of establishing the total number of units in a development under this chapter, a development or development project includes both of the following:
(1)All projects developed on a site, regardless of when those developments occur.
(2)All projects developed on sites adjacent to a site developed pursuant to this chapter if, after January 1, 2023, the adjacent site had been subdivided from the site developed pursuant to this chapter.
(m)For purposes of this section, the following terms have the following meanings:
(1)Affordable housing cost has the same meaning as set forth in Section 50052.5 of the Health and Safety Code.
(2)(A)Subject to the qualification provided by subparagraphs (B) and (C), affordable rent has the same meaning as set forth in Section 50053 of the Health and Safety Code.
(B)For a development for which an application pursuant to this section was submitted prior to January 1, 2019, that includes 500 units or more of housing, and that dedicates 50 20 percent of the total number of units, before calculating any density bonus, to housing affordable to households making at, or below, 80 percent of the area median income, affordable rent for at least 30 percent of these units shall be set at an affordable rent as defined in subparagraph (A) and affordable rent for the remainder of these units shall mean a rent that is consistent with the maximum rent levels for a housing development that receives an allocation of state or federal low-income housing tax credits from the California Tax Credit Allocation Committee.
(C)For a development that dedicates 100 percent of units, exclusive of a managers unit or units, to lower income households, affordable rent shall mean a rent that is consistent with the maximum rent levels stipulated by the public program providing financing for the development.
(3)Department means the Department of Housing and Community Development.
(4)Development proponent means the developer who submits a housing development project application to a local government under the streamlined ministerial review process pursuant to this section.
(5)Completed entitlements means a housing development that has received all the required land use approvals or entitlements necessary for the issuance of a building permit.
(6)Health care expenditures include contributions under Section 401(a), 501(c), or 501(d) of the Internal Revenue Code and payments toward medical care, as defined in Section 213(d)(1) of the Internal Revenue Code.
(7)Housing development project has the same meaning as in Section 65589.5.
(8)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.
(9)Moderate-income housing units means housing units with an affordable housing cost or affordable rent for persons and families of moderate income, as that term is defined in Section 50093 of the Health and Safety Code.
(10)Production report means the information reported pursuant to subparagraph (H) of paragraph (2) of subdivision (a) of Section 65400.
(11)State agency includes every state office, officer, department, division, bureau, board, and commission, but does not include the California State University or the University of California.
(12)(A)Reporting period means either of the following:
(i)The first half of the regional housing needs assessment cycle.
(ii)The last half of the regional housing needs assessment cycle.
(B)Notwithstanding subparagraph (A), reporting period means annually for the City and County of San Francisco.
(13)Urban uses means any current or former residential, commercial, public institutional, public park that is surrounded by other urban uses, parking lot or structure, transit or transportation passenger facility, or retail use, or any combination of those uses.
(n)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.
(o)The determination of whether an application for a development is subject to the streamlined ministerial approval process provided by subdivision (c) is not a project as defined in Section 21065 of the Public Resources Code.
(p)Notwithstanding any other law, for purposes of this section and for development in compliance with the requirements of this section on property owned by or leased to the state, the Department of General Services may act in the place of a locality or local government, at the discretion of the department.
(q)(1)For developments proposed in a census tract that is designated either as a moderate resource area, low resource area, or an area of high segregation and poverty on the most recent CTCAC/HCD Opportunity Map published by the California Tax Credit Allocation Committee and the Department of Housing and Community Development, within 45 days after receiving a notice of intent, as described in subdivision (b), and before the development proponent submits an application for the proposed development that is subject to the streamlined, ministerial approval process described in subdivision (c), the local government shall provide for a public meeting to be held by the city council or county board of supervisors to provide an opportunity for the public and the local government to comment on the development.
(2)The public meeting shall be held at a regular meeting and be subject to the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5).
(3)If the development proposal is located within a city with a population of greater than 250,000 or the unincorporated area of a county with a population of greater than 250,000, the public meeting shall be held by the jurisdictions planning commission.
(4)Comments may be provided by testimony during the meeting or in writing at any time before the meeting concludes.
(5)The development proponent shall attest in writing that it attended the meeting described in paragraph (1) and reviewed the public testimony and written comments from the meeting in its application for the proposed development that is subject to the streamlined, ministerial approval process described in subdivision (c).
(6)If the local government fails to hold the hearing described in paragraph (1) within 45 days after receiving the notice of intent, the development proponent shall hold a public meeting on the proposed development before submitting an application pursuant to this section.
(r)(1)This section shall not apply to applications for developments proposed on qualified sites that are submitted on or after January 1, 2024, but before July 1, 2025.
(2)For purposes of this subdivision, qualified site means a site that meets the following requirements:
(A)The site is located within an equine or equestrian district designated by a general plan or specific or master plan, which may include a specific narrative reference to a geographically determined area or map of the same. Parcels adjoined and only separated by a street or highway shall be considered to be within an equestrian district.
(B)As of January 1, 2024, the general plan applicable to the site contains, and has contained for five or more years, an equine or equestrian district designation where the site is located.
(C)As of January 1, 2024, the equine or equestrian district applicable to the site is not zoned to include residential uses, but authorizes residential uses with a conditional use permit.
(D)The applicable local government has an adopted housing element that is compliant with applicable law.
(3)The Legislature finds and declares that the purpose of this subdivision is to allow local governments to conduct general plan updates to align their general plan with applicable zoning changes.
(s)The provisions of clause (iii) of subparagraph (E) of paragraph (8) of subdivision (a) relating to health care expenditures are distinct and severable from the remaining provisions of this section. However, the remaining portions of paragraph (8) of subdivision (a) are a material and integral part of this section and are not severable. If any provision or application of paragraph (8) of subdivision (a) is held invalid, this entire section shall be null and void.
(t)(1)The changes made to this section by the act adding this subdivision shall apply in a coastal zone, as defined in Division 20 (commencing with Section 30000) of the Public Resources Code, on and after January 1, 2025.
(2)In an area of the coastal zone not excluded under paragraph (6) of subdivision (a), a development that satisfies the requirements of subdivision (a) shall require a coastal development permit pursuant to Chapter 7 (commencing with Section 30600) of Division 20 of the Public Resources Code. A public agency with coastal development permitting authority shall approve a coastal development permit if it determines that the development is consistent with all objective standards of the local governments certified local coastal program or, for areas that are not subject to a fully certified local coastal program, the certified land use plan of that area.
(3)For purposes of this section, receipt of any density bonus, concessions, incentives, waivers or reductions of development standards, and parking ratios to which the applicant is entitled under Section 65915 shall not constitute a basis to find the project inconsistent with the local coastal program.
(u)It is the policy of the state that this section be interpreted and implemented in a manner to afford the fullest possible weight to the interest of, and the approval and provision of, increased housing supply.
(v)This section shall remain in effect only until January 1, 2036, and as of that date is repealed.
SEC. 2.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)Except as provided in subdivision (r), a development proponent may submit an application for a development that is subject to the streamlined, ministerial approval process provided by subdivision (c) and is not subject to a conditional use permit or any other nonlegislative discretionary approval if the development complies with subdivision (b) and 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 and the site on which it is located satisfy all of the following:
(A)It 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)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)(i)A site that meets the requirements of clause (ii) and satisfies any of the following:
(I)The site is zoned for residential use or residential mixed-use development.
(II)The site has a general plan designation that allows residential use or a mix of residential and nonresidential uses.
(III)The site meets the requirements of Section 65852.24.
(ii)At least two-thirds of the square footage of the development is designated for residential use. Additional density, floor area, and units, and any other concession, incentive, or waiver of development standards granted pursuant to the Density Bonus Law in Section 65915 shall be included in the square footage calculation. The square footage of the development shall not include underground space, such as basements or underground parking garages.
(3)(A)The development proponent has committed to record, prior to the issuance of the first building permit, a land use restriction or covenant providing that any lower or moderate-income housing units required pursuant to subparagraph (B) of paragraph (4) shall remain available at affordable housing costs or rent to persons and families of lower or moderate income for no less than the following periods of time:
(i)Fifty-five years for units that are rented.
(ii)Forty-five years for units that are owned.
(B)The city or county shall require the recording of covenants or restrictions implementing this paragraph for each parcel or unit of real property included in the development.
(4)The development satisfies clause (i) or (ii) of subparagraph (A) and satisfies subparagraph (B) below:
(A)(i)For a development located in a locality that is in its sixth or earlier housing element cycle, the development is located in either of the following:
(I)In a locality that the department has determined is subject to this clause on the basis that the number of units that have been issued building permits, as shown on the most recent production report received by the department, 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 subclause until the departments determination for the next reporting period.
(II)In a locality that the department has determined is subject to this clause on the basis that the locality did not adopt a housing element that has been found in substantial compliance with housing element law (Article 10.6 (commencing with Section 65580) of Chapter 3) by the department. A locality shall remain eligible under this subclause until such time as the locality adopts a housing element that has been found in substantial compliance with housing element law (Article 10.6 (commencing with Section 65580) of Chapter 3) by the department.
(ii)For a development located in a locality that is in its seventh or later housing element cycle, is located in a locality that the department has determined is subject to this clause on the basis that the locality did not adopt a housing element that has been found in substantial compliance with housing element law (Article 10.6 (commencing with Section 65580) of Chapter 3) by the department by the statutory deadline, or that the number of units that have been issued building permits, as shown on the most recent production report received by the department, 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.
(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 adopt a housing element pursuant to Section 65588 that has been found in substantial compliance with the housing element law (Article 10.6 (commencing with Section 65580) of Chapter 3) by the department, did not submit its latest production report to the department by the time period required by Section 65400, or that production report submitted to the department reflects that there were fewer units of above moderate-income housing issued building permits 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 does one of the following:
(I)For for-rent projects, the project dedicates a minimum of 10 percent of the total number of units, before calculating any density bonus, to housing affordable to households making at or below 50 percent of the area median income. However, 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 50 percent of the area median income, that local ordinance applies.
(II)For for-sale projects, the project dedicates a minimum of 10 percent of the total number of units, before calculating any density bonus, to housing affordable to households making at or below 80 percent of the area median income. However, 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 local ordinance applies.
(III)(ia)If the project is located within the San Francisco Bay area, the project, in lieu of complying with subclause (I) or (II), may opt to abide by this subclause. Projects utilizing this subclause shall dedicate 20 percent of the total number of units, before calculating any density bonus, to housing affordable to households making below 100 percent of the area median income with the average income of the units at or below 80 percent of the area median income. However, a local ordinance adopted by the locality applies if it requires greater than 20 percent of the units be dedicated to housing affordable to households making at or below 100 percent of the area median income, or requires that any of the units be dedicated at a level deeper than 100 percent. In order to comply with this subclause, the rent or sale price charged for units that are dedicated to housing affordable to households between 80 percent and 100 percent of the area median income shall not exceed 30 percent of the gross income of the household.
(ib)For purposes of this subclause, San Francisco Bay area means the entire area within the territorial boundaries of the Counties of Alameda, Contra Costa, Marin, Napa, San Mateo, Santa Clara, Solano, and Sonoma, and the City and County of San Francisco.
(ii)(I)(ia)The localitys latest production report reflects that there were fewer units of housing issued building permits 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, and the project seeking approval dedicates 50 percent of the total number of units, before calculating any density bonus, to housing affordable to households making at or below 80 percent of the area median income.
(ib)Notwithstanding sub-subclause (ia), if the project application was submitted prior to January 1, 2019, and the project includes at least 500 units of housing, the project seeking approval dedicates 20 percent of the total number of units, before calculating any density bonus, as affordable units, with at least 9 percent affordable to households making at or below 50 percent of the area median income and the remainder affordable to households making at or below 80 percent of the area median income.
(II)Notwithstanding subclause (I), if the locality has adopted a local ordinance that requires that greater than 50 percent, or greater than 20 percent as applicable, of the units be dedicated to housing affordable to households making at or below 80 percent of the area median income, that local 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 both income levels described in clauses (i) and (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).
(C)(i)A development proponent that uses a unit of affordable housing to satisfy the requirements of subparagraph (B) may also satisfy any other local or state requirement for affordable housing, including local ordinances or the Density Bonus Law in Section 65915, provided that the development proponent complies with the applicable requirements in the state or local law. If a local requirement for affordable housing requires units that are restricted to households with incomes higher than the applicable income limits required in subparagraph (B), then units that meet the applicable income limits required in subparagraph (B) shall be deemed to satisfy those local requirements for higher income units.
(ii)A development proponent that uses a unit of affordable housing to satisfy any other state or local affordability requirement may also satisfy the requirements of subparagraph (B), provided that the development proponent complies with applicable requirements of subparagraph (B).
(iii)A development proponent may satisfy the affordability requirements of subparagraph (B) with a unit that is restricted to households with incomes lower than the applicable income limits required in subparagraph (B).
(D)The amendments to this subdivision made by the act adding this subparagraph do not constitute a change in, but are declaratory of, existing law.
(5)The development, excluding any additional density or any other concessions, incentives, or waivers of development standards for which the development is eligible pursuant to the Density Bonus Law in Section 65915, is consistent with objective zoning standards, objective subdivision standards, and objective design review standards in effect at the time that the development is submitted to the local government pursuant to this section, or at the time a notice of intent is submitted pursuant to subdivision (b), whichever occurs earlier. For purposes of this paragraph, objective zoning standards, objective subdivision standards, and objective design review standards mean standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official before submittal. These standards may be embodied in alternative objective land use specifications adopted by a city or county, and may include, but are not limited to, housing overlay zones, specific plans, inclusionary zoning ordinances, and density bonus ordinances, subject to the following:
(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, subdivision, or design review standards are mutually inconsistent, a development shall be deemed consistent with the objective zoning and subdivision standards pursuant to this subdivision if the development is consistent with the standards set forth in the general plan.
(C)It is the intent of the Legislature that the objective zoning standards, objective subdivision standards, and objective design review standards described in this paragraph be adopted or amended in compliance with the requirements of Chapter 905 of the Statutes of 2004.
(D)The amendments to this subdivision made by the act adding this subparagraph do not constitute a change in, but are declaratory of, existing law.
(E)A project that satisfies the requirements of Section 65852.24 shall be deemed consistent with objective zoning standards, objective design standards, and objective subdivision standards if the project is consistent with the provisions of subdivision (b) of Section 65852.24 and if none of the square footage in the project is designated for hotel, motel, bed and breakfast inn, or other transient lodging use, except for a residential hotel. For purposes of this subdivision, residential hotel shall have the same meaning as defined in Section 50519 of the Health and Safety Code.
(6)The development is not located on a site that is any of the following:
(A)(i)An area of the coastal zone subject to paragraph (1) or (2) of subdivision (a) of Section 30603 of the Public Resources Code.
(ii)An area of the coastal zone that is not subject to a certified local coastal program or a certified land use plan.
(iii)An area of the coastal zone that is vulnerable to five feet of sea level rise, as determined by the National Oceanic and Atmospheric Administration, the Ocean Protection Council, the United States Geological Survey, the University of California, or a local governments coastal hazards vulnerability assessment.
(iv)In a parcel within the coastal zone that is not zoned for multifamily housing.
(v)In a parcel in the coastal zone and located on either of the following:
(I)On, or within a 100-foot radius of, a wetland, as defined in Section 30121 of the Public Resources Code.
(II)On prime agricultural land, as defined in Sections 30113 and 30241 of the Public Resources Code.
(B)Either prime farmland or farmland of statewide importance, as defined pursuant to the 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 the state responsibility area, as defined in Section 4102 of the Public Resources Code. This subparagraph does not apply to sites that have adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development, including, but not limited to, standards established under all of the following or their successor provisions:
(i)Section 4291 of the Public Resources Code or Section 51182, as applicable.
(ii)Section 4290 of the Public Resources Code.
(iii)Chapter 7A of the California Building Code (Title 24 of the California Code of Regulations).
(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 either of the following apply:
(i)The site is an underground storage tank site that received a uniform closure letter issued pursuant to subdivision (g) of Section 25296.10 of the Health and Safety Code based on closure criteria established by the State Water Resources Control Board for residential use or residential mixed uses. This section does not alter or change the conditions to remove a site from the list of hazardous waste sites listed pursuant to Section 65962.5.
(ii)The State Department of Public Health, State Water Resources Control Board, Department of Toxic Substances Control, or a local agency making a determination pursuant to subdivision (c) of Section 25296.10 of the Health and Safety Code, has otherwise determined that the site is suitable 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 special flood hazard area subject to inundation by the 1 percent annual chance flood (100-year flood) as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency. If a development proponent is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this subparagraph and is otherwise eligible for streamlined approval under this section, a local government shall not deny the application on the basis that the development proponent did not comply with any additional permit requirement, standard, or action adopted by that local government that is applicable to that site. A development may be located on a site described in this subparagraph if either of the following are met:
(i)The site has been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction.
(ii)The site meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program 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 regulatory floodway as determined by the Federal Emergency Management Agency in any official maps published 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. If a development proponent is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this subparagraph and is otherwise eligible for streamlined approval under this section, a local government shall not deny the application on the basis that the development proponent did not comply with any additional permit requirement, standard, or action adopted by that local government that is applicable to that site.
(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)Except as provided in paragraph (9), a proponent of a development project approved by a local government pursuant to this section shall require in contracts with construction contractors, and shall certify to the local government, that the following standards specified in this paragraph will be met in project construction, as applicable:
(A)A development that is not in its entirety a public work for purposes of Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code and approved by a local government pursuant to Article 2 (commencing with Section 65912.110) or Article 3 (commencing with Section 65912.120) shall be subject to all of the following:
(i)All construction workers employed in the execution of the development shall 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.
(ii)The development proponent shall ensure that the prevailing wage requirement is included in all contracts for the performance of the work for those portions of the development that are not a public work.
(iii)All contractors and subcontractors for those portions of the development that are not a public work shall comply with both of the following:
(I)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.
(II)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 that section. This subclause does 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 subclause, project labor agreement has the same meaning as set forth in paragraph (1) of subdivision (b) of Section 2500 of the Public Contract Code.
(B)(i)The obligation of the contractors and subcontractors to pay prevailing wages pursuant to this paragraph may be enforced by any of the following:
(I)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.
(II)An underpaid worker through an administrative complaint or civil action.
(III)A joint labor-management committee through a civil action under Section 1771.2 of the Labor Code.
(ii)If a civil wage and penalty assessment is issued pursuant to this paragraph, 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.
(iii)This paragraph does 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.
(C)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 does not apply to those portions of a development that are not a public work if otherwise provided in a bona fide collective bargaining agreement covering the worker.
(D)The requirement of this paragraph 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.
(E)A development of 50 or more housing units approved by a local government pursuant to this section shall meet all of the following labor standards:
(i)The development proponent shall require in contracts with construction contractors and shall certify to the local government that each contractor of any tier who will employ construction craft employees or will let subcontracts for at least 1,000 hours shall satisfy the requirements in clauses (ii) and (iii). A construction contractor is deemed in compliance with clauses (ii) and (iii) if it is signatory to a valid collective bargaining agreement that requires utilization of registered apprentices and expenditures on health care for employees and dependents.
(ii)A contractor with construction craft employees shall either participate in an apprenticeship program approved by the California Division of Apprenticeship Standards pursuant to Section 3075 of the Labor Code, or request the dispatch of apprentices from a state-approved apprenticeship program under the terms and conditions set forth in Section 1777.5 of the Labor Code. A contractor without construction craft employees shall show a contractual obligation that its subcontractors comply with this clause.
(iii)Each contractor with construction craft employees shall make health care expenditures for each employee in an amount per hour worked on the development equivalent to at least the hourly pro rata cost of a Covered California Platinum level plan for two adults 40 years of age and two dependents 0 to 14 years of age for the Covered California rating area in which the development is located. A contractor without construction craft employees shall show a contractual obligation that its subcontractors comply with this clause. Qualifying expenditures shall be credited toward compliance with prevailing wage payment requirements set forth in this paragraph.
(iv)(I)The development proponent shall provide to the local government, on a monthly basis while its construction contracts on the development are being performed, a report demonstrating compliance with clauses (ii) and (iii). The reports shall be considered public records under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1) and shall be open to public inspection.
(II)A development proponent that fails to provide the monthly report shall be subject to a civil penalty for each month for which the report has not been provided, in the amount of 10 percent of the dollar value of construction work performed by that contractor on the development in the month in question, up to a maximum of ten thousand dollars ($10,000). Any contractor or subcontractor that fails to comply with clauses (ii) and (iii) shall be subject to a civil penalty of two hundred dollars ($200) per day for each worker employed in contravention of clauses (ii) and (iii).
(III)Penalties may be assessed by the Labor Commissioner within 18 months of completion of the development using the procedures for issuance of civil wage and penalty assessments specified in Section 1741 of the Labor Code, and may be reviewed pursuant to Section 1742 of the Labor Code. Penalties shall be deposited in the State Public Works Enforcement Fund established pursuant to Section 1771.3 of the Labor Code.
(v)Each construction contractor shall maintain and verify payroll records pursuant to Section 1776 of the Labor Code. Each construction contractor shall submit payroll records directly to the Labor Commissioner at least monthly in a format prescribed by the Labor Commissioner in accordance with subparagraph (A) of paragraph (3) of subdivision (a) of Section 1771.4 of the Labor Code. The records shall include a statement of fringe benefits. Upon request by a joint labor-management cooperation committee established pursuant to the federal Labor Management Cooperation Act of 1978 (29 U.S.C. Sec. 175a), the records shall be provided pursuant to subdivision (e) of Section 1776 of the Labor Code.
(vi)All construction contractors shall report any change in apprenticeship program participation or health care expenditures to the local government within 10 business days, and shall reflect those changes on the monthly report. The reports shall be considered public records pursuant to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1) and shall be open to public inspection.
(vii)A joint labor-management cooperation committee established pursuant to the federal Labor Management Cooperation Act of 1978 (29 U.S.C. Sec. 175a) shall have standing to sue a construction contractor for failure to make health care expenditures pursuant to clause (iii) in accordance with Section 218.7 or 218.8 of the Labor Code.
(F)For any project over 85 feet in height above grade, the following skilled and trained workforce provisions apply:
(i)Except as provided in clause (ii), the developer shall enter into construction contracts with prime contractors only if all of the following are satisfied:
(I)The contract contains an enforceable commitment that the prime contractor and subcontractors at every tier will use a skilled and trained workforce, as defined in Section 2601 of the Public Contract Code, to perform work on the project that falls within an apprenticeable occupation in the building and construction trades. However, this enforceable commitment requirement shall not apply to any scopes of work where new bids are accepted pursuant to subclause (I) of clause (ii).
(II)The developer or prime contractor shall establish minimum bidding requirements for subcontractors that are objective to the maximum extent possible. The developer or prime contractor shall not impose any obstacles in the bid process for subcontractors that go beyond what is reasonable and commercially customary. The developer or prime contractor must accept bids submitted by any bidder that meets the minimum criteria set forth in the bid solicitation.
(III)The prime contractor has provided an affidavit under penalty of perjury that, in compliance with this subparagraph, it will use a skilled and trained workforce and will obtain from its subcontractors an enforceable commitment to use a skilled and trained workforce for each scope of work in which it receives at least three bids attesting to satisfaction of the skilled and trained workforce requirements.
(IV)When a prime contractor or subcontractor is required to provide an enforceable commitment that a skilled and trained workforce will be used to complete a contract or project, the commitment shall be made in an enforceable agreement with the developer that provides the following:
(ia)The prime contractor and subcontractors at every tier will comply with this chapter.
(ib)The prime contractor will provide the developer, on a monthly basis while the project or contract is being performed, a report demonstrating compliance by the prime contractor.
(ic)The prime contractor shall provide the developer, on a monthly basis while the project or contract is being performed, the monthly reports demonstrating compliance submitted to the prime contractor by the affected subcontractors.
(ii)(I)If a prime contractor fails to receive at least three bids in a scope of construction work from subcontractors that attest to satisfying the skilled and trained workforce requirements as described in this subparagraph, the prime contractor may accept new bids for that scope of work. The prime contractor need not require that a skilled and trained workforce be used by the subcontractors for that scope of work.
(II)The requirements of this subparagraph shall not apply if all contractors, subcontractors, and craft unions performing work on the development are subject to a multicraft 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. The multicraft project labor agreement shall include all construction crafts with applicable coverage determinations for the specified scopes of work on the project pursuant to Section 1773 of the Labor Code and shall be executed by all applicable labor organizations regardless of affiliation. For purposes of this clause, project labor agreement means a prehire collective bargaining agreement that establishes terms and conditions of employment for a specific construction project or projects and is an agreement described in Section 158(f) of Title 29 of the United States Code.
(III)Requirements set forth in this subparagraph shall not apply to projects where 100 percent of the units, exclusive of a managers unit or units, are dedicated to lower income households, as defined in Section 50079.5 of the Health and Safety Code.
(iii)If the skilled and trained workforce requirements of this subparagraph apply, the prime contractor shall require subcontractors to provide, and subcontractors on the project shall provide, the following to the prime contractor:
(I)An affidavit signed under penalty of perjury that a skilled and trained workforce shall be employed on the project.
(II)Reports on a monthly basis, while the project or contract is being performed, demonstrating compliance with this chapter.
(iv)Upon issuing any invitation or bid solicitation for the project, but no less than seven days before the bid is due, the developer shall send a notice of the invitation or solicitation that describes the project to the following entities within the jurisdiction of the proposed project site:
(I)Any bona fide labor organization representing workers in the building and construction trades who may perform work necessary to complete the project and the local building and construction trades council.
(II)Any organization representing contractors that may perform work necessary to complete the project, including any contractors association or regional builders exchange.
(v)The developer or prime contractor shall, within three business days of a request by a joint labor-management cooperation committee established pursuant to the federal Labor Management Cooperation Act of 1978 (29 U.S.C. Sec. 175a), provide all of the following:
(I)The names and Contractors State License Board numbers of the prime contractor and any subcontractors that submitted a proposal or bid for the development project.
(II)The names and Contractors State License Board numbers of contractors and subcontractors that are under contract to perform construction work.
(vi)(I)For all projects subject to this subparagraph, the development proponent shall provide to the locality, on a monthly basis while the project or contract is being performed, a report demonstrating that the self-performing prime contractor and all subcontractors used a skilled and trained workforce, as defined in Section 2601 of the Public Contract Code, unless otherwise exempt under this subparagraph. A monthly report provided to the locality pursuant to this subclause shall be a public record under the California Public Records Act Division 10 (commencing with Section 7920.000) of Title 1 and shall be open to public inspection. A developer that fails to provide a complete monthly report shall be subject to a civil penalty of 10 percent of the dollar value of construction work performed by that contractor on the project in the month in question, up to a maximum of ten thousand dollars ($10,000) per month for each month for which the report has not been provided.
(II)Any subcontractors or prime contractor self-performing work subject to the skilled and trained workforce requirements under this subparagraph that fail 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 project using the same 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. Prime contractors shall not be jointly liable for violations of this subparagraph by subcontractors. Penalties shall be paid to the State Public Works Enforcement Fund or the locality or its labor standards enforcement agency, depending on the lead entity performing the enforcement work.
(III)Any provision of a contract or agreement of any kind between a developer and a prime contractor that purports to delegate, transfer, or assign to a prime contractor any obligations of or penalties incurred by a developer shall be deemed contrary to public policy and shall be void and unenforceable.
(G)A locality, and any labor standards enforcement agency the locality lawfully maintains, shall have standing to take administrative action or sue a construction contractor for failure to comply with this paragraph. A prevailing locality or labor standards enforcement agency shall distribute any wages and penalties to workers in accordance with law and retain any fees, additional penalties, or assessments.
(9)Notwithstanding paragraph (8), a development that is subject to approval pursuant to this section is exempt from any requirement to pay prevailing wages, use a workforce participating in an apprenticeship, or provide health care expenditures if it satisfies both of the following:
(A)The project consists of 10 or fewer units.
(B)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.
(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)(A)(i)Before submitting an application for a development subject to the streamlined, ministerial approval process described in subdivision (c), the development proponent shall submit to the local government a notice of its intent to submit an application. The notice of intent shall be in the form of a preliminary application that includes all of the information described in Section 65941.1, as that section read on January 1, 2020.
(ii)Upon receipt of a notice of intent to submit an application described in clause (i), the local government shall engage in a scoping consultation regarding the proposed development with any California Native American tribe that is traditionally and culturally affiliated with the geographic area, as described in Section 21080.3.1 of the Public Resources Code, of the proposed development. In order to expedite compliance with this subdivision, the local government shall contact the Native American Heritage Commission for assistance in identifying any California Native American tribe that is traditionally and culturally affiliated with the geographic area of the proposed development.
(iii)The timeline for noticing and commencing a scoping consultation in accordance with this subdivision shall be as follows:
(I)The local government shall provide a formal notice of a development proponents notice of intent to submit an application described in clause (i) to each California Native American tribe that is traditionally and culturally affiliated with the geographic area of the proposed development within 30 days of receiving that notice of intent. The formal notice provided pursuant to this subclause shall include all of the following:
(ia)A description of the proposed development.
(ib)The location of the proposed development.
(ic)An invitation to engage in a scoping consultation in accordance with this subdivision.
(II)Each California Native American tribe that receives a formal notice pursuant to this clause shall have 30 days from the receipt of that notice to accept the invitation to engage in a scoping consultation.
(III)If the local government receives a response accepting an invitation to engage in a scoping consultation pursuant to this subdivision, the local government shall commence the scoping consultation within 30 days of receiving that response.
(B)The scoping consultation shall recognize that California Native American tribes traditionally and culturally affiliated with a geographic area have knowledge and expertise concerning the resources at issue and shall take into account the cultural significance of the resource to the culturally affiliated California Native American tribe.
(C)The parties to a scoping consultation conducted pursuant to this subdivision shall be the local government and any California Native American tribe traditionally and culturally affiliated with the geographic area of the proposed development. More than one California Native American tribe traditionally and culturally affiliated with the geographic area of the proposed development may participate in the scoping consultation. However, the local government, upon the request of any California Native American tribe traditionally and culturally affiliated with the geographic area of the proposed development, shall engage in a separate scoping consultation with that California Native American tribe. The development proponent and its consultants may participate in a scoping consultation process conducted pursuant to this subdivision if all of the following conditions are met:
(i)The development proponent and its consultants agree to respect the principles set forth in this subdivision.
(ii)The development proponent and its consultants engage in the scoping consultation in good faith.
(iii)The California Native American tribe participating in the scoping consultation approves the participation of the development proponent and its consultants. The California Native American tribe may rescind its approval at any time during the scoping consultation, either for the duration of the scoping consultation or with respect to any particular meeting or discussion held as part of the scoping consultation.
(D)The participants to a scoping consultation pursuant to this subdivision shall comply with all of the following confidentiality requirements:
(i)Section 7927.000.
(ii)Section 7927.005.
(iii)Subdivision (c) of Section 21082.3 of the Public Resources Code.
(iv)Subdivision (d) of Section 15120 of Title 14 of the California Code of Regulations.
(v)Any additional confidentiality standards adopted by the California Native American tribe participating in the scoping consultation.
(E)The California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) shall not apply to a scoping consultation conducted pursuant to this subdivision.
(2)(A)If, after concluding the scoping consultation, the parties find that no potential tribal cultural resource would be affected by the proposed development, the development proponent may submit an application for the proposed development that is subject to the streamlined, ministerial approval process described in subdivision (c).
(B)If, after concluding the scoping consultation, the parties find that a potential tribal cultural resource could be affected by the proposed development and an enforceable agreement is documented between the California Native American tribe and the local government on methods, measures, and conditions for tribal cultural resource treatment, the development proponent may submit the application for a development subject to the streamlined, ministerial approval process described in subdivision (c). The local government shall ensure that the enforceable agreement is included in the requirements and conditions for the proposed development.
(C)If, after concluding the scoping consultation, the parties find that a potential tribal cultural resource could be affected by the proposed development and an enforceable agreement is not documented between the California Native American tribe and the local government regarding methods, measures, and conditions for tribal cultural resource treatment, the development shall not be eligible for the streamlined, ministerial approval process described in subdivision (c).
(D)For purposes of this paragraph, a scoping consultation shall be deemed to be concluded if either of the following occur:
(i)The parties to the scoping consultation document an enforceable agreement concerning methods, measures, and conditions to avoid or address potential impacts to tribal cultural resources that are or may be present.
(ii)One or more parties to the scoping consultation, acting in good faith and after reasonable effort, conclude that a mutual agreement on methods, measures, and conditions to avoid or address impacts to tribal cultural resources that are or may be present cannot be reached.
(E)If the development or environmental setting substantially changes after the completion of the scoping consultation, the local government shall notify the California Native American tribe of the changes and engage in a subsequent scoping consultation if requested by the California Native American tribe.
(3)A local government may only accept an application for streamlined, ministerial approval pursuant to this section if one of the following applies:
(A)A California Native American tribe that received a formal notice of the development proponents notice of intent to submit an application pursuant to subclause (I) of clause (iii) of subparagraph (A) of paragraph (1) did not accept the invitation to engage in a scoping consultation.
(B)The California Native American tribe accepted an invitation to engage in a scoping consultation pursuant to subclause (II) of clause (iii) of subparagraph (A) of paragraph (1) but substantially failed to engage in the scoping consultation after repeated documented attempts by the local government to engage the California Native American tribe.
(C)The parties to a scoping consultation pursuant to this subdivision find that no potential tribal cultural resource will be affected by the proposed development pursuant to subparagraph (A) of paragraph (2).
(D)A scoping consultation between a California Native American tribe and the local government has occurred in accordance with this subdivision and resulted in agreement pursuant to subparagraph (B) of paragraph (2).
(4)A project shall not be eligible for the streamlined, ministerial process described in subdivision (c) if any of the following apply:
(A)There is a tribal cultural resource that is on a national, state, tribal, or local historic register list located on the site of the project.
(B)There is a potential tribal cultural resource that could be affected by the proposed development and the parties to a scoping consultation conducted pursuant to this subdivision do not document an enforceable agreement on methods, measures, and conditions for tribal cultural resource treatment, as described in subparagraph (C) of paragraph (2).
(C)The parties to a scoping consultation conducted pursuant to this subdivision do not agree as to whether a potential tribal cultural resource will be affected by the proposed development.
(5)(A)If, after a scoping consultation conducted pursuant to this subdivision, a project is not eligible for the streamlined, ministerial approval process described in subdivision (c) for any or all of the following reasons, the local government shall provide written documentation of that fact, and an explanation of the reason for which the project is not eligible, to the development proponent and to any California Native American tribe that is a party to that scoping consultation:
(i)There is a tribal cultural resource that is on a national, state, tribal, or local historic register list located on the site of the project, as described in subparagraph (A) of paragraph (4).
(ii)The parties to the scoping consultation have not documented an enforceable agreement on methods, measures, and conditions for tribal cultural resource treatment, as described in subparagraph (C) of paragraph (2) and subparagraph (B) of paragraph (4).
(iii)The parties to the scoping consultation do not agree as to whether a potential tribal cultural resource will be affected by the proposed development, as described in subparagraph (C) of paragraph (4).
(B)The written documentation provided to a development proponent pursuant to this paragraph shall include information on how the development proponent may seek a conditional use permit or other discretionary approval of the development from the local government.
(6)This section is not intended, and shall not be construed, to limit consultation and discussion between a local government and a California Native American tribe pursuant to other applicable law, confidentiality provisions under other applicable law, the protection of religious exercise to the fullest extent permitted under state and federal law, or the ability of a California Native American tribe to submit information to the local government or participate in any process of the local government.
(7)For purposes of this subdivision:
(A)Consultation means the meaningful and timely process of seeking, discussing, and considering carefully the views of others, in a manner that is cognizant of all parties cultural values and, where feasible, seeking agreement. Consultation between local governments and Native American tribes shall be conducted in a way that is mutually respectful of each partys sovereignty. Consultation shall also recognize the tribes potential needs for confidentiality with respect to places that have traditional tribal cultural importance. A lead agency shall consult the tribal consultation best practices described in the State of California Tribal Consultation Guidelines: Supplement to the General Plan Guidelines prepared by the Office of Planning and Research.
(B)Scoping means the act of participating in early discussions or investigations between the local government and California Native American tribe, and the development proponent if authorized by the California Native American tribe, regarding the potential effects a proposed development could have on a potential tribal cultural resource, as defined in Section 21074 of the Public Resources Code, or California Native American tribe, as defined in Section 21073 of the Public Resources Code.
(8)This subdivision shall not apply to any project that has been approved under the streamlined, ministerial approval process provided under this section before the effective date of the act adding this subdivision.
(c)(1)Notwithstanding any local law, if a local governments planning director or equivalent position determines that a development submitted pursuant to this section is consistent with the objective planning standards specified in subdivision (a) and pursuant to paragraph (3) of this subdivision, the local government shall approve the development. Upon a determination that a development submitted pursuant to this section is in conflict with any of the objective planning standards specified in subdivision (a), the local government staff or relevant local planning and permitting department that made the determination 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 governments planning director or equivalent position 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).
(3)For purposes of this section, a development is consistent with the objective planning standards specified in subdivision (a) if there is substantial evidence that would allow a reasonable person to conclude that the development is consistent with the objective planning standards. The local government shall not determine that a development, including an application for a modification under subdivision (h), is in conflict with the objective planning standards on the basis that application materials are not included, if the application contains substantial evidence that would allow a reasonable person to conclude that the development is consistent with the objective planning standards.
(4)Upon submittal of an application for streamlined, ministerial approval pursuant to this section to the local government, all departments of the local government that are required to issue an approval of the development prior to the granting of an entitlement shall comply with the requirements of this section within the time periods specified in paragraph (1).
(d)(1)Any design review of the development may be conducted by the local governments planning commission or any equivalent board or commission responsible for design review. That design review shall be objective and be strictly focused on assessing compliance with criteria required for streamlined 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 shall be completed, and if the development is consistent with all objective standards, the local government shall approve the development as follows and shall not in any way inhibit, chill, or preclude the ministerial approval provided by this section or its effect, as applicable:
(A)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.
(B)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.
(2)If the development is consistent with the requirements of subparagraph (A) or (B) of paragraph (9) of subdivision (a) and is consistent with all objective subdivision standards in the local subdivision ordinance, an An application for a subdivision pursuant to the Subdivision Map Act (Division 2 (commencing with Section 66410)) shall be exempt from the requirements of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) and shall be subject to the public oversight timelines set forth in paragraph (1). (1) if the development is consistent with the requirements of this section, including, but not limited to, paragraph (8) of subdivision (a), and all objective subdivision standards in the local subdivision ordinance, and meets one of the following requirements:
(A)The development has received or will receive financing or funding by means of a low-income housing tax credit.
(B)The development is located on a legal parcel or parcels within either of the following:
(i)An incorporated city, the boundaries of which include some portion of an urbanized area.
(ii)An urbanized area or urban cluster in a county with a population greater than 600,000 based on the most recent United States Census Bureau data.
(iii)For purposes of this subparagraph, the following definitions apply:
(I)Urbanized area means an urbanized area designated by the United States Census Bureau, as published in the Federal Register, Volume 77, Number 59, on March 27, 2012.
(II)Urban cluster means an urbanized area designated by the United States Census Bureau, as published in the Federal Register, Volume 77, Number 59, on March 27, 2012.
(3)If a local government determines that a development submitted pursuant to this section is in conflict with any of the standards imposed pursuant to paragraph (1), it shall provide the development proponent written documentation of which objective standard or standards the development conflicts with, and an explanation for the reason or reasons the development conflicts with that objective standard or standards consistent with the timelines described in paragraph (1) of subdivision (c).
(e)(1)Notwithstanding any other law, a local government, whether or not it has adopted an ordinance governing automobile parking requirements in multifamily developments, shall not impose automobile 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 automobile parking requirements for streamlined developments approved pursuant to this section that exceed one parking space per unit.
(f)Notwithstanding any law, a local government shall not require any of the following prior to approving a development that meets the requirements of this section:
(1)Studies, information, or other materials that do not pertain directly to determining whether the development is consistent with the objective planning standards applicable to the development.
(2)(A)Compliance with any standards necessary to receive a postentitlement permit.
(B)This paragraph does not prohibit a local agency from requiring compliance with any standards necessary to receive a postentitlement permit after a permit has been issued pursuant to this section.
(C)For purposes of this paragraph, postentitlement permit has the same meaning as provided in subparagraph (A) of paragraph (3) of subdivision (j) of Section 65913.3.
(g)(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 satisfies both of the following requirements:
(A)The project includes public investment in housing affordability, beyond tax credits.
(B)At least 50 percent of the units are affordable to households making at or below 80 percent of the area median income.
(2)(A)If a local government approves a development pursuant to this section, and the project does not satisfy the requirements of subparagraphs (A) and (B) of paragraph (1), that approval shall remain valid for three years from the date of the final action establishing that approval, or if litigation is filed challenging that approval, from the date of the final judgment upholding that approval. Approval shall remain valid for a project provided construction activity, including demolition and grading activity, on the development site that has begun pursuant to a permit issued by the local jurisdiction and is in progress. For purposes of this subdivision, in progress means one of the following:
(i)The construction has begun and has not ceased for more than 180 days.
(ii)If the development requires multiple building permits, an initial phase has been completed, and the project proponent has applied for and is diligently pursuing a building permit for a subsequent phase, provided that once it has been issued, the building permit for the subsequent phase does not lapse.
(B)Notwithstanding subparagraph (A), a local government may grant a project 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 the development proponent requests a modification pursuant to subdivision (h), then the time during which the approval shall remain valid shall be extended for the number of days between the submittal of a modification request and the date of its final approval, plus an additional 180 days to allow time to obtain a building permit. If litigation is filed relating to the modification request, the time shall be further extended during the pendency of the litigation. The extension required by this paragraph shall only apply to the first request for a modification submitted by the development proponent.
(4)The amendments made to this subdivision by the act that added this paragraph shall also be retroactively applied to developments approved prior to January 1, 2022.
(h)(1)(A)A development proponent may request a modification to a development that has been approved under the streamlined, ministerial approval process provided in subdivision (c) if that request is submitted to the local government before the issuance of the final building permit required for construction of the development.
(B)Except as provided in paragraph (3), the local government shall approve a modification if it determines that the modification is consistent with the objective planning standards specified in subdivision (a) that were in effect when the original development application was first submitted.
(C)The local government shall evaluate any modifications requested pursuant to this subdivision for consistency with the objective planning standards using the same assumptions and analytical methodology that the local government originally used to assess consistency for the development that was approved for streamlined, ministerial approval pursuant to subdivision (c).
(D)A guideline that was adopted or amended by the department pursuant to subdivision (n) after a development was approved through the streamlined, ministerial approval process described in subdivision (c) shall not be used as a basis to deny proposed modifications.
(2)Upon receipt of the development proponents application requesting a modification, the local government shall determine if the requested modification is consistent with the objective planning standard and either approve or deny the modification request within 60 days after submission of the modification, or within 90 days if design review is required.
(3)Notwithstanding paragraph (1), the local government may apply objective planning standards adopted after the development application was first submitted to the requested modification in any of the following instances:
(A)The development is revised such that the total square footage of construction increases by 15 percent or more or the total number of residential units decreases by 15 percent or more. The calculation of the square footage of construction increases shall not include underground space.
(B)The development is revised such that the total square footage of construction increases by 5 percent or more or the total number of residential units decreases by 5 percent or more and it is necessary to subject the development to an objective standard beyond those in effect when the development application was submitted in order to mitigate or avoid a specific, adverse impact, as that term is defined in subparagraph (A) of paragraph (1) of subdivision (j) of Section 65589.5, upon the public health or safety and there is no feasible alternative method to satisfactorily mitigate or avoid the adverse impact. The calculation of the square footage of construction increases shall not include underground space.
(C)(i)Objective building standards contained in the California Building Standards Code (Title 24 of the California Code of Regulations), including, but not limited to, building plumbing, electrical, fire, and grading codes, may be applied to all modification applications that are submitted prior to the first building permit application. Those standards may be applied to modification applications submitted after the first building permit application if agreed to by the development proponent.
(ii)The amendments made to clause (i) by the act that added clause (i) shall also be retroactively applied to modification applications submitted prior to January 1, 2022.
(4)The local governments review of a modification request pursuant to this subdivision shall be strictly limited to determining whether the modification, including any modification to previously approved density bonus concessions or waivers, modify the developments consistency with the objective planning standards and shall not reconsider prior determinations that are not affected by the modification.
(i)(1)A local government shall not adopt or impose any requirement, including, but not limited to, increased fees or inclusionary housing requirements, that applies to a project solely or partially on the basis that the project is eligible to receive ministerial or streamlined approval pursuant to this section.
(2)(A)A local government shall issue a subsequent permit required for a development approved under this section if the application substantially complies with the development as it was approved pursuant to subdivision (c). Upon receipt of an application for a subsequent permit, the local government shall process the permit without unreasonable delay and shall not impose any procedure or requirement that is not imposed on projects that are not approved pursuant to this section. The local government shall consider the application for subsequent permits based upon the objective standards specified in any state or local laws that were in effect when the original development application was submitted, unless the development proponent agrees to a change in objective standards. Issuance of subsequent permits shall implement the approved development, and review of the permit application shall not inhibit, chill, or preclude the development. For purposes of this paragraph, a subsequent permit means a permit required subsequent to receiving approval under subdivision (c), and includes, but is not limited to, demolition, grading, encroachment, and building permits and final maps, if necessary.
(B)The amendments made to subparagraph (A) by the act that added this subparagraph shall also be retroactively applied to subsequent permit applications submitted prior to January 1, 2022.
(3)(A)If a public improvement is necessary to implement a development that is subject to the streamlined, ministerial approval pursuant to this section, including, but not limited to, a bicycle lane, sidewalk or walkway, public transit stop, driveway, street paving or overlay, a curb or gutter, a modified intersection, a street sign or street light, landscape or hardscape, an above-ground or underground utility connection, a water line, fire hydrant, storm or sanitary sewer connection, retaining wall, and any related work, and that public improvement is located on land owned by the local government, to the extent that the public improvement requires approval from the local government, the local government shall not exercise its discretion over any approval relating to the public improvement in a manner that would inhibit, chill, or preclude the development.
(B)If an application for a public improvement described in subparagraph (A) is submitted to a local government, the local government shall do all of the following:
(i)Consider the application based upon any objective standards specified in any state or local laws that were in effect when the original development application was submitted.
(ii)Conduct its review and approval in the same manner as it would evaluate the public improvement if required by a project that is not eligible to receive ministerial or streamlined approval pursuant to this section.
(C)If an application for a public improvement described in subparagraph (A) is submitted to a local government, the local government shall not do either of the following:
(i)Adopt or impose any requirement 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.
(ii)Unreasonably delay in its consideration, review, or approval of the application.
(j)(1)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.
(2)This section shall not prevent a development from also qualifying as a housing development project entitled to the protections of Section 65589.5. This paragraph does not constitute a change in, but is declaratory of, existing law.
(k)The California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) does not apply to actions taken by a state agency, local government, or the San Francisco Bay Area Rapid Transit District to:
(1)Lease, convey, or encumber land owned by the local government or the San Francisco Bay Area Rapid Transit District or to facilitate the lease, conveyance, or encumbrance of land owned by the local government, or for the lease of land owned by the San Francisco Bay Area Rapid Transit District in association with an eligible TOD project, as defined pursuant to Section 29010.1 of the Public Utilities Code, nor to any decisions associated with that lease, or to provide financial assistance to a development that receives streamlined approval pursuant to this section that is to be used for housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code.
(2)Approve improvements located on land owned by the local government or the San Francisco Bay Area Rapid Transit District that are necessary to implement a development that receives streamlined approval pursuant to this section that is to be used for housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code.
(l)For purposes of establishing the total number of units in a development under this chapter, a development or development project includes both of the following:
(1)All projects developed on a site, regardless of when those developments occur.
(2)All projects developed on sites adjacent to a site developed pursuant to this chapter if, after January 1, 2023, the adjacent site had been subdivided from the site developed pursuant to this chapter.
(m)For purposes of this section, the following terms have the following meanings:
(1)Affordable housing cost has the same meaning as set forth in Section 50052.5 of the Health and Safety Code.
(2)(A)Subject to the qualification provided by subparagraphs (B) and (C), affordable rent has the same meaning as set forth in Section 50053 of the Health and Safety Code.
(B)For a development for which an application pursuant to this section was submitted prior to January 1, 2019, that includes 500 units or more of housing, and that dedicates 20 percent of the total number of units, before calculating any density bonus, to housing affordable to households making at, or below, 80 percent of the area median income, affordable rent for at least 30 percent of these units shall be set at an affordable rent as defined in subparagraph (A) and affordable rent for the remainder of these units shall mean a rent that is consistent with the maximum rent levels for a housing development that receives an allocation of state or federal low-income housing tax credits from the California Tax Credit Allocation Committee.
(C)For a development that dedicates 100 percent of units, exclusive of a managers unit or units, to lower income households, affordable rent shall mean a rent that is consistent with the maximum rent levels stipulated by the public program providing financing for the development.
(3)Department means the Department of Housing and Community Development.
(4)Development proponent means the developer who submits a housing development project application to a local government under the streamlined ministerial review process pursuant to this section.
(5)Completed entitlements means a housing development that has received all the required land use approvals or entitlements necessary for the issuance of a building permit.
(6)Health care expenditures include contributions under Section 401(a), 501(c), or 501(d) of the Internal Revenue Code and payments toward medical care, as defined in Section 213(d)(1) of the Internal Revenue Code.
(7)Housing development project has the same meaning as in Section 65589.5.
(8)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.
(9)Moderate-income housing units means housing units with an affordable housing cost or affordable rent for persons and families of moderate income, as that term is defined in Section 50093 of the Health and Safety Code.
(10)Production report means the information reported pursuant to subparagraph (H) of paragraph (2) of subdivision (a) of Section 65400.
(11)State agency includes every state office, officer, department, division, bureau, board, and commission, but does not include the California State University or the University of California.
(12)(A)Reporting period means either of the following:
(i)The first half of the regional housing needs assessment cycle.
(ii)The last half of the regional housing needs assessment cycle.
(B)Notwithstanding subparagraph (A), reporting period means annually for the City and County of San Francisco.
(13)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.
(n)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.
(o)The determination of whether an application for a development is subject to the streamlined ministerial approval process provided by subdivision (c) is not a project as defined in Section 21065 of the Public Resources Code.
(p)Notwithstanding any other law, for purposes of this section and for development in compliance with the requirements of this section on property owned by or leased to the state, the Department of General Services may act in the place of a locality or local government, at the discretion of the department.
(q)(1)For developments proposed in a census tract that is designated either as a moderate resource area, low resource area, or an area of high segregation and poverty on the most recent CTCAC/HCD Opportunity Map published by the California Tax Credit Allocation Committee and the Department of Housing and Community Development, within 45 days after receiving a notice of intent, as described in subdivision (b), and before the development proponent submits an application for the proposed development that is subject to the streamlined, ministerial approval process described in subdivision (c), the local government shall provide for a public meeting to be held by the city council or county board of supervisors to provide an opportunity for the public and the local government to comment on the development.
(2)The public meeting shall be held at a regular meeting and be subject to the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5).
(3)If the development proposal is located within a city with a population of greater than 250,000 or the unincorporated area of a county with a population of greater than 250,000, the public meeting shall be held by the jurisdictions planning commission.
(4)Comments may be provided by testimony during the meeting or in writing at any time before the meeting concludes.
(5)The development proponent shall attest in writing that it attended the meeting described in paragraph (1) and reviewed the public testimony and written comments from the meeting in its application for the proposed development that is subject to the streamlined, ministerial approval process described in subdivision (c).
(6)If the local government fails to hold the hearing described in paragraph (1) within 45 days after receiving the notice of intent, the development proponent shall hold a public meeting on the proposed development before submitting an application pursuant to this section.
(r)(1)This section shall not apply to applications for developments proposed on qualified sites that are submitted on or after January 1, 2024, but before July 1, 2025.
(2)For purposes of this subdivision, qualified site means a site that meets the following requirements:
(A)The site is located within an equine or equestrian district designated by a general plan or specific or master plan, which may include a specific narrative reference to a geographically determined area or map of the same. Parcels adjoined and only separated by a street or highway shall be considered to be within an equestrian district.
(B)As of January 1, 2024, the general plan applicable to the site contains, and has contained for five or more years, an equine or equestrian district designation where the site is located.
(C)As of January 1, 2024, the equine or equestrian district applicable to the site is not zoned to include residential uses, but authorizes residential uses with a conditional use permit.
(D)The applicable local government has an adopted housing element that is compliant with applicable law.
(3)The Legislature finds and declares that the purpose of this subdivision is to allow local governments to conduct general plan updates to align their general plan with applicable zoning changes.
(s)The provisions of clause (iii) of subparagraph (E) of paragraph (8) of subdivision (a) relating to health care expenditures are distinct and severable from the remaining provisions of this section. However, the remaining portions of paragraph (8) of subdivision (a) are a material and integral part of this section and are not severable. If any provision or application of paragraph (8) of subdivision (a) is held invalid, this entire section shall be null and void.
(t)(1)The changes made to this section by the act adding this subdivision shall apply in a coastal zone, as defined in Division 20 (commencing with Section 30000) of the Public Resources Code, on and after January 1, 2025.
(2)In an area of the coastal zone not excluded under paragraph (6) of subdivision (a), a development that satisfies the requirements of subdivision (a) shall require a coastal development permit pursuant to Chapter 7 (commencing with Section 30600) of Division 20 of the Public Resources Code. A public agency with coastal development permitting authority shall approve a coastal development permit if it determines that the development is consistent with all objective standards of the local governments certified local coastal program or, for areas that are not subject to a fully certified local coastal program, the certified land use plan of that area.
(3)For purposes of this section, receipt of any density bonus, concessions, incentives, waivers or reductions of development standards, and parking ratios to which the applicant is entitled under Section 65915 shall not constitute a basis to find the project inconsistent with the local coastal program.
(u)It is the policy of the state that this section be interpreted and implemented in a manner to afford the fullest possible weight to the interest of, and the approval and provision of, increased housing supply.
(v)This section shall remain in effect only until January 1, 2036, and as of that date is repealed.
SEC. 2.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)Except as provided in subdivision (r), a development proponent may submit an application for a development that is subject to the streamlined, ministerial approval process provided by subdivision (c) and is not subject to a conditional use permit or any other nonlegislative discretionary approval if the development complies with subdivision (b) and 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 and the site on which it is located satisfy all of the following:
(A)It 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)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)(i)A site that meets the requirements of clause (ii) and satisfies any of the following:
(I)The site is zoned for residential use or residential mixed-use development.
(II)The site has a general plan designation that allows residential use or a mix of residential and nonresidential uses.
(III)The site meets the requirements of Section 65852.24.
(ii)At least two-thirds of the square footage of the development is designated for residential use. Additional density, floor area, and units, and any other concession, incentive, or waiver of development standards granted pursuant to the Density Bonus Law in Section 65915 shall be included in the square footage calculation. The square footage of the development shall not include underground space, such as basements or underground parking garages.
(3)(A)The development proponent has committed to record, prior to the issuance of the first building permit, a land use restriction or covenant providing that any lower or moderate-income housing units required pursuant to subparagraph (B) of paragraph (4) shall remain available at affordable housing costs or rent to persons and families of lower or moderate income for no less than the following periods of time:
(i)Fifty-five years for units that are rented.
(ii)Forty-five years for units that are owned.
(B)The city or county shall require the recording of covenants or restrictions implementing this paragraph for each parcel or unit of real property included in the development.
(4)The development satisfies clause (i) or (ii) of subparagraph (A) and satisfies subparagraph (B) below:
(A)(i)For a development located in a locality that is in its sixth or earlier housing element cycle, the development is located in either of the following:
(I)In a locality that the department has determined is subject to this clause on the basis that the number of units that have been issued building permits, as shown on the most recent production report received by the department, 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 subclause until the departments determination for the next reporting period.
(II)In a locality that the department has determined is subject to this clause on the basis that the locality did not adopt a housing element that has been found in substantial compliance with housing element law (Article 10.6 (commencing with Section 65580) of Chapter 3) by the department. A locality shall remain eligible under this subclause until such time as the locality adopts a housing element that has been found in substantial compliance with housing element law (Article 10.6 (commencing with Section 65580) of Chapter 3) by the department.
(ii)For a development located in a locality that is in its seventh or later housing element cycle, is located in a locality that the department has determined is subject to this clause on the basis that the locality did not adopt a housing element that has been found in substantial compliance with housing element law (Article 10.6 (commencing with Section 65580) of Chapter 3) by the department by the statutory deadline, or that the number of units that have been issued building permits, as shown on the most recent production report received by the department, 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.
(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 adopt a housing element pursuant to Section 65588 that has been found in substantial compliance with the housing element law (Article 10.6 (commencing with Section 65580) of Chapter 3) by the department, did not submit its latest production report to the department by the time period required by Section 65400, or that production report submitted to the department reflects that there were fewer units of above moderate-income housing issued building permits 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 does one of the following:
(I)For for-rent projects, the project dedicates a minimum of 10 percent of the total number of units, before calculating any density bonus, to housing affordable to households making at or below 50 percent of the area median income. However, 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 50 percent of the area median income, that local ordinance applies.
(II)For for-sale projects, the project dedicates a minimum of 10 percent of the total number of units, before calculating any density bonus, to housing affordable to households making at or below 80 percent of the area median income. However, 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 local ordinance applies.
(III)(ia)If the project is located within the San Francisco Bay area, the project, in lieu of complying with subclause (I) or (II), may opt to abide by this subclause. Projects utilizing this subclause shall dedicate 20 percent of the total number of units, before calculating any density bonus, to housing affordable to households making below 100 percent of the area median income with the average income of the units at or below 80 percent of the area median income. However, a local ordinance adopted by the locality applies if it requires greater than 20 percent of the units be dedicated to housing affordable to households making at or below 100 percent of the area median income, or requires that any of the units be dedicated at a level deeper than 100 percent. In order to comply with this subclause, the rent or sale price charged for units that are dedicated to housing affordable to households between 80 percent and 100 percent of the area median income shall not exceed 30 percent of the gross income of the household.
(ib)For purposes of this subclause, San Francisco Bay area means the entire area within the territorial boundaries of the Counties of Alameda, Contra Costa, Marin, Napa, San Mateo, Santa Clara, Solano, and Sonoma, and the City and County of San Francisco.
(ii)(I)(ia)The localitys latest production report reflects that there were fewer units of housing issued building permits 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, and the project seeking approval dedicates 50 percent of the total number of units, before calculating any density bonus, to housing affordable to households making at or below 80 percent of the area median income. However, if(ib)Notwithstanding sub-subclause (ia), if the project application was submitted prior to January 1, 2019, and the project includes at least 500 units of housing, the project seeking approval dedicates 20 percent of the total number of units, before calculating any density bonus, as affordable units, with at least 9 percent affordable to households making at or below 50 percent of the area median income and the remainder affordable to households making at or below 80 percent of the area median income.
(II)Notwithstanding subclause (I), if the locality has adopted a local ordinance that requires that greater than 50 percent percent, or greater than 20 percent as applicable, of the units be dedicated to housing affordable to households making at or below 80 percent of the area median income, that local 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 both income levels described in clauses (i) and (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).
(C)(i)A development proponent that uses a unit of affordable housing to satisfy the requirements of subparagraph (B) may also satisfy any other local or state requirement for affordable housing, including local ordinances or the Density Bonus Law in Section 65915, provided that the development proponent complies with the applicable requirements in the state or local law. If a local requirement for affordable housing requires units that are restricted to households with incomes higher than the applicable income limits required in subparagraph (B), then units that meet the applicable income limits required in subparagraph (B) shall be deemed to satisfy those local requirements for higher income units.
(ii)A development proponent that uses a unit of affordable housing to satisfy any other state or local affordability requirement may also satisfy the requirements of subparagraph (B), provided that the development proponent complies with applicable requirements of subparagraph (B).
(iii)A development proponent may satisfy the affordability requirements of subparagraph (B) with a unit that is restricted to households with incomes lower than the applicable income limits required in subparagraph (B).
(D)The amendments to this subdivision made by the act adding this subparagraph do not constitute a change in, but are declaratory of, existing law.
(5)The development, excluding any additional density or any other concessions, incentives, or waivers of development standards for which the development is eligible pursuant to the Density Bonus Law in Section 65915, is consistent with objective zoning standards, objective subdivision standards, and objective design review standards in effect at the time that the development is submitted to the local government pursuant to this section, or at the time a notice of intent is submitted pursuant to subdivision (b), whichever occurs earlier. For purposes of this paragraph, objective zoning standards, objective subdivision standards, and objective design review standards mean standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official before submittal. These standards may be embodied in alternative objective land use specifications adopted by a city or county, and may include, but are not limited to, housing overlay zones, specific plans, inclusionary zoning ordinances, and density bonus ordinances, subject to the following:
(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, subdivision, or design review standards are mutually inconsistent, a development shall be deemed consistent with the objective zoning and subdivision standards pursuant to this subdivision if the development is consistent with the standards set forth in the general plan.
(C)It is the intent of the Legislature that the objective zoning standards, objective subdivision standards, and objective design review standards described in this paragraph be adopted or amended in compliance with the requirements of Chapter 905 of the Statutes of 2004.
(D)The amendments to this subdivision made by the act adding this subparagraph do not constitute a change in, but are declaratory of, existing law.
(E)A project that satisfies the requirements of Section 65852.24 shall be deemed consistent with objective zoning standards, objective design standards, and objective subdivision standards if the project is consistent with the provisions of subdivision (b) of Section 65852.24 and if none of the square footage in the project is designated for hotel, motel, bed and breakfast inn, or other transient lodging use, except for a residential hotel. For purposes of this subdivision, residential hotel shall have the same meaning as defined in Section 50519 of the Health and Safety Code.
(6)The development is not located on a site that is any of the following:
(A)(i)An area of the coastal zone subject to paragraph (1) or (2) of subdivision (a) of Section 30603 of the Public Resources Code.
(ii)An area of the coastal zone that is not subject to a certified local coastal program or a certified land use plan.
(iii)An area of the coastal zone that is vulnerable to five feet of sea level rise, as determined by the National Oceanic and Atmospheric Administration, the Ocean Protection Council, the United States Geological Survey, the University of California, or a local governments coastal hazards vulnerability assessment.
(iv)In a parcel within the coastal zone that is not zoned for multifamily housing.
(v)In a parcel in the coastal zone and located on either of the following:
(I)On, or within a 100-foot radius of, a wetland, as defined in Section 30121 of the Public Resources Code.
(II)On prime agricultural land, as defined in Sections 30113 and 30241 of the Public Resources Code.
(B)Either prime farmland or farmland of statewide importance, as defined pursuant to the 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 the state responsibility area, as defined in Section 4102 of the Public Resources Code. This subparagraph does not apply to sites that have adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development, including, but not limited to, standards established under all of the following or their successor provisions:
(i)Section 4291 of the Public Resources Code or Section 51182, as applicable.
(ii)Section 4290 of the Public Resources Code.
(iii)Chapter 7A of the California Building Code (Title 24 of the California Code of Regulations).
(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 either of the following apply:
(i)The site is an underground storage tank site that received a uniform closure letter issued pursuant to subdivision (g) of Section 25296.10 of the Health and Safety Code based on closure criteria established by the State Water Resources Control Board for residential use or residential mixed uses. This section does not alter or change the conditions to remove a site from the list of hazardous waste sites listed pursuant to Section 65962.5.
(ii)The State Department of Public Health, State Water Resources Control Board, Department of Toxic Substances Control, or a local agency making a determination pursuant to subdivision (c) of Section 25296.10 of the Health and Safety Code, has otherwise determined that the site is suitable 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 special flood hazard area subject to inundation by the 1 percent annual chance flood (100-year flood) as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency. If a development proponent is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this subparagraph and is otherwise eligible for streamlined approval under this section, a local government shall not deny the application on the basis that the development proponent did not comply with any additional permit requirement, standard, or action adopted by that local government that is applicable to that site. A development may be located on a site described in this subparagraph if either of the following are met:
(i)The site has been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction.
(ii)The site meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program 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 regulatory floodway as determined by the Federal Emergency Management Agency in any official maps published 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. If a development proponent is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this subparagraph and is otherwise eligible for streamlined approval under this section, a local government shall not deny the application on the basis that the development proponent did not comply with any additional permit requirement, standard, or action adopted by that local government that is applicable to that site.
(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)Except as provided in paragraph (9), a proponent of a development project approved by a local government pursuant to this section shall require in contracts with construction contractors, and shall certify to the local government, that the following standards specified in this paragraph will be met in project construction, as applicable:
(A)A development that is not in its entirety a public work for purposes of Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code and approved by a local government pursuant to Article 2 (commencing with Section 65912.110) or Article 3 (commencing with Section 65912.120) shall be subject to all of the following:
(i)All construction workers employed in the execution of the development shall 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.
(ii)The development proponent shall ensure that the prevailing wage requirement is included in all contracts for the performance of the work for those portions of the development that are not a public work.
(iii)All contractors and subcontractors for those portions of the development that are not a public work shall comply with both of the following:
(I)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.
(II)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 that section. This subclause does 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 subclause, project labor agreement has the same meaning as set forth in paragraph (1) of subdivision (b) of Section 2500 of the Public Contract Code.
(B)(i)The obligation of the contractors and subcontractors to pay prevailing wages pursuant to this paragraph may be enforced by any of the following:
(I)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.
(II)An underpaid worker through an administrative complaint or civil action.
(III)A joint labor-management committee through a civil action under Section 1771.2 of the Labor Code.
(ii)If a civil wage and penalty assessment is issued pursuant to this paragraph, 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.
(iii)This paragraph does 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.
(C)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 does not apply to those portions of a development that are not a public work if otherwise provided in a bona fide collective bargaining agreement covering the worker.
(D)The requirement of this paragraph 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.
(E)A development of 50 or more housing units approved by a local government pursuant to this section shall meet all of the following labor standards:
(i)The development proponent shall require in contracts with construction contractors and shall certify to the local government that each contractor of any tier who will employ construction craft employees or will let subcontracts for at least 1,000 hours shall satisfy the requirements in clauses (ii) and (iii). A construction contractor is deemed in compliance with clauses (ii) and (iii) if it is signatory to a valid collective bargaining agreement that requires utilization of registered apprentices and expenditures on health care for employees and dependents.
(ii)A contractor with construction craft employees shall either participate in an apprenticeship program approved by the California Division of Apprenticeship Standards pursuant to Section 3075 of the Labor Code, or request the dispatch of apprentices from a state-approved apprenticeship program under the terms and conditions set forth in Section 1777.5 of the Labor Code. A contractor without construction craft employees shall show a contractual obligation that its subcontractors comply with this clause.
(iii)Each contractor with construction craft employees shall make health care expenditures for each employee in an amount per hour worked on the development equivalent to at least the hourly pro rata cost of a Covered California Platinum level plan for two adults 40 years of age and two dependents 0 to 14 years of age for the Covered California rating area in which the development is located. A contractor without construction craft employees shall show a contractual obligation that its subcontractors comply with this clause. Qualifying expenditures shall be credited toward compliance with prevailing wage payment requirements set forth in this paragraph.
(iv)(I)The development proponent shall provide to the local government, on a monthly basis while its construction contracts on the development are being performed, a report demonstrating compliance with clauses (ii) and (iii). The reports shall be considered public records under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1) and shall be open to public inspection.
(II)A development proponent that fails to provide the monthly report shall be subject to a civil penalty for each month for which the report has not been provided, in the amount of 10 percent of the dollar value of construction work performed by that contractor on the development in the month in question, up to a maximum of ten thousand dollars ($10,000). Any contractor or subcontractor that fails to comply with clauses (ii) and (iii) shall be subject to a civil penalty of two hundred dollars ($200) per day for each worker employed in contravention of clauses (ii) and (iii).
(III)Penalties may be assessed by the Labor Commissioner within 18 months of completion of the development using the procedures for issuance of civil wage and penalty assessments specified in Section 1741 of the Labor Code, and may be reviewed pursuant to Section 1742 of the Labor Code. Penalties shall be deposited in the State Public Works Enforcement Fund established pursuant to Section 1771.3 of the Labor Code.
(v)Each construction contractor shall maintain and verify payroll records pursuant to Section 1776 of the Labor Code. Each construction contractor shall submit payroll records directly to the Labor Commissioner at least monthly in a format prescribed by the Labor Commissioner in accordance with subparagraph (A) of paragraph (3) of subdivision (a) of Section 1771.4 of the Labor Code. The records shall include a statement of fringe benefits. Upon request by a joint labor-management cooperation committee established pursuant to the federal Labor Management Cooperation Act of 1978 (29 U.S.C. Sec. 175a), the records shall be provided pursuant to subdivision (e) of Section 1776 of the Labor Code.
(vi)All construction contractors shall report any change in apprenticeship program participation or health care expenditures to the local government within 10 business days, and shall reflect those changes on the monthly report. The reports shall be considered public records pursuant to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1) and shall be open to public inspection.
(vii)A joint labor-management cooperation committee established pursuant to the federal Labor Management Cooperation Act of 1978 (29 U.S.C. Sec. 175a) shall have standing to sue a construction contractor for failure to make health care expenditures pursuant to clause (iii) in accordance with Section 218.7 or 218.8 of the Labor Code.
(F)For any project over 85 feet in height above grade, the following skilled and trained workforce provisions apply:
(i)Except as provided in clause (ii), the developer shall enter into construction contracts with prime contractors only if all of the following are satisfied:
(I)The contract contains an enforceable commitment that the prime contractor and subcontractors at every tier will use a skilled and trained workforce, as defined in Section 2601 of the Public Contract Code, to perform work on the project that falls within an apprenticeable occupation in the building and construction trades. However, this enforceable commitment requirement shall not apply to any scopes of work where new bids are accepted pursuant to subclause (I) of clause (ii).
(II)The developer or prime contractor shall establish minimum bidding requirements for subcontractors that are objective to the maximum extent possible. The developer or prime contractor shall not impose any obstacles in the bid process for subcontractors that go beyond what is reasonable and commercially customary. The developer or prime contractor must accept bids submitted by any bidder that meets the minimum criteria set forth in the bid solicitation.
(III)The prime contractor has provided an affidavit under penalty of perjury that, in compliance with this subparagraph, it will use a skilled and trained workforce and will obtain from its subcontractors an enforceable commitment to use a skilled and trained workforce for each scope of work in which it receives at least three bids attesting to satisfaction of the skilled and trained workforce requirements.
(IV)When a prime contractor or subcontractor is required to provide an enforceable commitment that a skilled and trained workforce will be used to complete a contract or project, the commitment shall be made in an enforceable agreement with the developer that provides the following:
(ia)The prime contractor and subcontractors at every tier will comply with this chapter.
(ib)The prime contractor will provide the developer, on a monthly basis while the project or contract is being performed, a report demonstrating compliance by the prime contractor.
(ic)The prime contractor shall provide the developer, on a monthly basis while the project or contract is being performed, the monthly reports demonstrating compliance submitted to the prime contractor by the affected subcontractors.
(ii)(I)If a prime contractor fails to receive at least three bids in a scope of construction work from subcontractors that attest to satisfying the skilled and trained workforce requirements as described in this subparagraph, the prime contractor may accept new bids for that scope of work. The prime contractor need not require that a skilled and trained workforce be used by the subcontractors for that scope of work.
(II)The requirements of this subparagraph shall not apply if all contractors, subcontractors, and craft unions performing work on the development are subject to a multicraft 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. The multicraft project labor agreement shall include all construction crafts with applicable coverage determinations for the specified scopes of work on the project pursuant to Section 1773 of the Labor Code and shall be executed by all applicable labor organizations regardless of affiliation. For purposes of this clause, project labor agreement means a prehire collective bargaining agreement that establishes terms and conditions of employment for a specific construction project or projects and is an agreement described in Section 158(f) of Title 29 of the United States Code.
(III)Requirements set forth in this subparagraph shall not apply to projects where 100 percent of the units, exclusive of a managers unit or units, are dedicated to lower income households, as defined by in Section 50079.5 of the Health and Safety Code.
(iii)If the skilled and trained workforce requirements of this subparagraph apply, the prime contractor shall require subcontractors to provide, and subcontractors on the project shall provide, the following to the prime contractor:
(I)An affidavit signed under penalty of perjury that a skilled and trained workforce shall be employed on the project.
(II)Reports on a monthly basis, while the project or contract is being performed, demonstrating compliance with this chapter.
(iv)Upon issuing any invitation or bid solicitation for the project, but no less than seven days before the bid is due, the developer shall send a notice of the invitation or solicitation that describes the project to the following entities within the jurisdiction of the proposed project site:
(I)Any bona fide labor organization representing workers in the building and construction trades who may perform work necessary to complete the project and the local building and construction trades council.
(II)Any organization representing contractors that may perform work necessary to complete the project, including any contractors association or regional builders exchange.
(v)The developer or prime contractor shall, within three business days of a request by a joint labor-management cooperation committee established pursuant to the federal Labor Management Cooperation 8 Act of 1978 (29 U.S.C. Sec. 175a), provide all of the following:
(I)The names and Contractors State License Board numbers of the prime contractor and any subcontractors that submitted a proposal or bid for the development project.
(II)The names and Contractors State License Board numbers of contractors and subcontractors that are under contract to perform construction work.
(vi)(I)For all projects subject to this subparagraph, the development proponent shall provide to the locality, on a monthly basis while the project or contract is being performed, a report demonstrating that the self-performing prime contractor and all subcontractors used a skilled and trained workforce, as defined in Section 2601 of the Public Contract Code, unless otherwise exempt under this subparagraph. A monthly report provided to the locality pursuant to this subclause shall be a public record under the California Public Records Act Division 10 (commencing with Section 7920.000) of Title 1 and shall be open to public inspection. A developer that fails to provide a complete monthly report shall be subject to a civil penalty of 10 percent of the dollar value of construction work performed by that contractor on the project in the month in question, up to a maximum of ten thousand dollars ($10,000) per month for each month for which the report has not been provided.
(II)Any subcontractors or prime contractor self-performing work subject to the skilled and trained workforce requirements under this subparagraph that fail 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 project using the same 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. Prime contractors shall not be jointly liable for violations of this subparagraph by subcontractors. Penalties shall be paid to the State Public Works Enforcement Fund or the locality or its labor standards enforcement agency, depending on the lead entity performing the enforcement work.
(III)Any provision of a contract or agreement of any kind between a developer and a prime contractor that purports to delegate, transfer, or assign to a prime contractor any obligations of or penalties incurred by a developer shall be deemed contrary to public policy and shall be void and unenforceable.
(G)A locality, and any labor standards enforcement agency the locality lawfully maintains, shall have standing to take administrative action or sue a construction contractor for failure to comply with this paragraph. A prevailing locality or labor standards enforcement agency shall distribute any wages and penalties to workers in accordance with law and retain any fees, additional penalties, or assessments.
(9)Notwithstanding paragraph (8), a development that is subject to approval pursuant to this section is exempt from any requirement to pay prevailing wages, use a workforce participating in an apprenticeship, or provide health care expenditures if it satisfies both of the following:
(A)The project consists of 10 or fewer units.
(B)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.
(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)(A)(i)Before submitting an application for a development subject to the streamlined, ministerial approval process described in subdivision (c), the development proponent shall submit to the local government a notice of its intent to submit an application. The notice of intent shall be in the form of a preliminary application that includes all of the information described in Section 65941.1, as that section read on January 1, 2020.
(ii)Upon receipt of a notice of intent to submit an application described in clause (i), the local government shall engage in a scoping consultation regarding the proposed development with any California Native American tribe that is traditionally and culturally affiliated with the geographic area, as described in Section 21080.3.1 of the Public Resources Code, of the proposed development. In order to expedite compliance with this subdivision, the local government shall contact the Native American Heritage Commission for assistance in identifying any California Native American tribe that is traditionally and culturally affiliated with the geographic area of the proposed development.
(iii)The timeline for noticing and commencing a scoping consultation in accordance with this subdivision shall be as follows:
(I)The local government shall provide a formal notice of a development proponents notice of intent to submit an application described in clause (i) to each California Native American tribe that is traditionally and culturally affiliated with the geographic area of the proposed development within 30 days of receiving that notice of intent. The formal notice provided pursuant to this subclause shall include all of the following:
(ia)A description of the proposed development.
(ib)The location of the proposed development.
(ic)An invitation to engage in a scoping consultation in accordance with this subdivision.
(II)Each California Native American tribe that receives a formal notice pursuant to this clause shall have 30 days from the receipt of that notice to accept the invitation to engage in a scoping consultation.
(III)If the local government receives a response accepting an invitation to engage in a scoping consultation pursuant to this subdivision, the local government shall commence the scoping consultation within 30 days of receiving that response.
(B)The scoping consultation shall recognize that California Native American tribes traditionally and culturally affiliated with a geographic area have knowledge and expertise concerning the resources at issue and shall take into account the cultural significance of the resource to the culturally affiliated California Native American tribe.
(C)The parties to a scoping consultation conducted pursuant to this subdivision shall be the local government and any California Native American tribe traditionally and culturally affiliated with the geographic area of the proposed development. More than one California Native American tribe traditionally and culturally affiliated with the geographic area of the proposed development may participate in the scoping consultation. However, the local government, upon the request of any California Native American tribe traditionally and culturally affiliated with the geographic area of the proposed development, shall engage in a separate scoping consultation with that California Native American tribe. The development proponent and its consultants may participate in a scoping consultation process conducted pursuant to this subdivision if all of the following conditions are met:
(i)The development proponent and its consultants agree to respect the principles set forth in this subdivision.
(ii)The development proponent and its consultants engage in the scoping consultation in good faith.
(iii)The California Native American tribe participating in the scoping consultation approves the participation of the development proponent and its consultants. The California Native American tribe may rescind its approval at any time during the scoping consultation, either for the duration of the scoping consultation or with respect to any particular meeting or discussion held as part of the scoping consultation.
(D)The participants to a scoping consultation pursuant to this subdivision shall comply with all of the following confidentiality requirements:
(i)Section 7927.000.
(ii)Section 7927.005.
(iii)Subdivision (c) of Section 21082.3 of the Public Resources Code.
(iv)Subdivision (d) of Section 15120 of Title 14 of the California Code of Regulations.
(v)Any additional confidentiality standards adopted by the California Native American tribe participating in the scoping consultation.
(E)The California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) shall not apply to a scoping consultation conducted pursuant to this subdivision.
(2)(A)If, after concluding the scoping consultation, the parties find that no potential tribal cultural resource would be affected by the proposed development, the development proponent may submit an application for the proposed development that is subject to the streamlined, ministerial approval process described in subdivision (c).
(B)If, after concluding the scoping consultation, the parties find that a potential tribal cultural resource could be affected by the proposed development and an enforceable agreement is documented between the California Native American tribe and the local government on methods, measures, and conditions for tribal cultural resource treatment, the development proponent may submit the application for a development subject to the streamlined, ministerial approval process described in subdivision (c). The local government shall ensure that the enforceable agreement is included in the requirements and conditions for the proposed development.
(C)If, after concluding the scoping consultation, the parties find that a potential tribal cultural resource could be affected by the proposed development and an enforceable agreement is not documented between the California Native American tribe and the local government regarding methods, measures, and conditions for tribal cultural resource treatment, the development shall not be eligible for the streamlined, ministerial approval process described in subdivision (c).
(D)For purposes of this paragraph, a scoping consultation shall be deemed to be concluded if either of the following occur:
(i)The parties to the scoping consultation document an enforceable agreement concerning methods, measures, and conditions to avoid or address potential impacts to tribal cultural resources that are or may be present.
(ii)One or more parties to the scoping consultation, acting in good faith and after reasonable effort, conclude that a mutual agreement on methods, measures, and conditions to avoid or address impacts to tribal cultural resources that are or may be present cannot be reached.
(E)If the development or environmental setting substantially changes after the completion of the scoping consultation, the local government shall notify the California Native American tribe of the changes and engage in a subsequent scoping consultation if requested by the California Native American tribe.
(3)A local government may only accept an application for streamlined, ministerial approval pursuant to this section if one of the following applies:
(A)A California Native American tribe that received a formal notice of the development proponents notice of intent to submit an application pursuant to subclause (I) of clause (iii) of subparagraph (A) of paragraph (1) did not accept the invitation to engage in a scoping consultation.
(B)The California Native American tribe accepted an invitation to engage in a scoping consultation pursuant to subclause (II) of clause (iii) of subparagraph (A) of paragraph (1) but substantially failed to engage in the scoping consultation after repeated documented attempts by the local government to engage the California Native American tribe.
(C)The parties to a scoping consultation pursuant to this subdivision find that no potential tribal cultural resource will be affected by the proposed development pursuant to subparagraph (A) of paragraph (2).
(D)A scoping consultation between a California Native American tribe and the local government has occurred in accordance with this subdivision and resulted in agreement pursuant to subparagraph (B) of paragraph (2).
(4)A project shall not be eligible for the streamlined, ministerial process described in subdivision (c) if any of the following apply:
(A)There is a tribal cultural resource that is on a national, state, tribal, or local historic register list located on the site of the project.
(B)There is a potential tribal cultural resource that could be affected by the proposed development and the parties to a scoping consultation conducted pursuant to this subdivision do not document an enforceable agreement on methods, measures, and conditions for tribal cultural resource treatment, as described in subparagraph (C) of paragraph (2).
(C)The parties to a scoping consultation conducted pursuant to this subdivision do not agree as to whether a potential tribal cultural resource will be affected by the proposed development.
(5)(A)If, after a scoping consultation conducted pursuant to this subdivision, a project is not eligible for the streamlined, ministerial approval process described in subdivision (c) for any or all of the following reasons, the local government shall provide written documentation of that fact, and an explanation of the reason for which the project is not eligible, to the development proponent and to any California Native American tribe that is a party to that scoping consultation:
(i)There is a tribal cultural resource that is on a national, state, tribal, or local historic register list located on the site of the project, as described in subparagraph (A) of paragraph (4).
(ii)The parties to the scoping consultation have not documented an enforceable agreement on methods, measures, and conditions for tribal cultural resource treatment, as described in subparagraph (C) of paragraph (2) and subparagraph (B) of paragraph (4).
(iii)The parties to the scoping consultation do not agree as to whether a potential tribal cultural resource will be affected by the proposed development, as described in subparagraph (C) of paragraph (4).
(B)The written documentation provided to a development proponent pursuant to this paragraph shall include information on how the development proponent may seek a conditional use permit or other discretionary approval of the development from the local government.
(6)This section is not intended, and shall not be construed, to limit consultation and discussion between a local government and a California Native American tribe pursuant to other applicable law, confidentiality provisions under other applicable law, the protection of religious exercise to the fullest extent permitted under state and federal law, or the ability of a California Native American tribe to submit information to the local government or participate in any process of the local government.
(7)For purposes of this subdivision:
(A)Consultation means the meaningful and timely process of seeking, discussing, and considering carefully the views of others, in a manner that is cognizant of all parties cultural values and, where feasible, seeking agreement. Consultation between local governments and Native American tribes shall be conducted in a way that is mutually respectful of each partys sovereignty. Consultation shall also recognize the tribes potential needs for confidentiality with respect to places that have traditional tribal cultural importance. A lead agency shall consult the tribal consultation best practices described in the State of California Tribal Consultation Guidelines: Supplement to the General Plan Guidelines prepared by the Office of Planning and Research.
(B)Scoping means the act of participating in early discussions or investigations between the local government and California Native American tribe, and the development proponent if authorized by the California Native American tribe, regarding the potential effects a proposed development could have on a potential tribal cultural resource, as defined in Section 21074 of the Public Resources Code, or California Native American tribe, as defined in Section 21073 of the Public Resources Code.
(8)This subdivision shall not apply to any project that has been approved under the streamlined, ministerial approval process provided under this section before the effective date of the act adding this subdivision.
(c)(1)Notwithstanding any local law, if a local governments planning director or equivalent position determines that a development submitted pursuant to this section is consistent with the objective planning standards specified in subdivision (a) and pursuant to paragraph (3) of this subdivision, the local government shall approve the development. Upon a determination that a development submitted pursuant to this section is in conflict with any of the objective planning standards specified in subdivision (a), the local government staff or relevant local planning and permitting department that made the determination 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 governments planning director or equivalent position 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).
(3)For purposes of this section, a development is consistent with the objective planning standards specified in subdivision (a) if there is substantial evidence that would allow a reasonable person to conclude that the development is consistent with the objective planning standards. The local government shall not determine that a development, including an application for a modification under subdivision (h), is in conflict with the objective planning standards on the basis that application materials are not included, if the application contains substantial evidence that would allow a reasonable person to conclude that the development is consistent with the objective planning standards.
(4)Upon submittal of an application for streamlined, ministerial approval pursuant to this section to the local government, all departments of the local government that are required to issue an approval of the development prior to the granting of an entitlement shall comply with the requirements of this section within the time periods specified in paragraph (1).
(d)(1)Any design review of the development may be conducted by the local governments planning commission or any equivalent board or commission responsible for design review. That design review shall be objective and be strictly focused on assessing compliance with criteria required for streamlined 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 shall be completed, and if the development is consistent with all objective standards, the local government shall approve the development as follows and shall not in any way inhibit, chill, or preclude the ministerial approval provided by this section or its effect, as applicable:
(A)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.
(B)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.
(2)If the development is consistent with the requirements of subparagraph (A) or (B) of paragraph (9) of subdivision (a) and is consistent with all objective subdivision standards in the local subdivision ordinance, an application for a subdivision pursuant to the Subdivision Map Act (Division 2 (commencing with Section 66410)) shall be exempt from the requirements of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) and shall be subject to the public oversight timelines set forth in paragraph (1).
(3)If a local government determines that a development submitted pursuant to this section is in conflict with any of the standards imposed pursuant to paragraph (1), it shall provide the development proponent written documentation of which objective standard or standards the development conflicts with, and an explanation for the reason or reasons the development conflicts with that objective standard or standards consistent with the timelines described in paragraph (1) of subdivision (c).
(e)(1)Notwithstanding any other law, a local government, whether or not it has adopted an ordinance governing automobile parking requirements in multifamily developments, shall not impose automobile 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 automobile parking requirements for streamlined developments approved pursuant to this section that exceed one parking space per unit.
(f)Notwithstanding any law, a local government shall not require any of the following prior to approving a development that meets the requirements of this section:
(1)Studies, information, or other materials that do not pertain directly to determining whether the development is consistent with the objective planning standards applicable to the development.
(2)(A)Compliance with any standards necessary to receive a postentitlement permit.
(B)This paragraph does not prohibit a local agency from requiring compliance with any standards necessary to receive a postentitlement permit after a permit has been issued pursuant to this section.
(C)For purposes of this paragraph, postentitlement permit has the same meaning as provided in subparagraph (A) of paragraph (3) of subdivision (j) of Section 65913.3.
(g)(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 satisfies both of the following requirements:
(A)The project includes public investment in housing affordability, beyond tax credits.
(B)At least 50 percent of the units are affordable to households making at or below 80 percent of the area median income.
(2)(A)If a local government approves a development pursuant to this section, and the project does not satisfy the requirements of subparagraphs (A) and (B) of paragraph (1), that approval shall remain valid for three years from the date of the final action establishing that approval, or if litigation is filed challenging that approval, from the date of the final judgment upholding that approval. Approval shall remain valid for a project provided construction activity, including demolition and grading activity, on the development site that has begun pursuant to a permit issued by the local jurisdiction and is in progress. For purposes of this subdivision, in progress means one of the following:
(i)The construction has begun and has not ceased for more than 180 days.
(ii)If the development requires multiple building permits, an initial phase has been completed, and the project proponent has applied for and is diligently pursuing a building permit for a subsequent phase, provided that once it has been issued, the building permit for the subsequent phase does not lapse.
(B)Notwithstanding subparagraph (A), a local government may grant a project 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 the development proponent requests a modification pursuant to subdivision (h), then the time during which the approval shall remain valid shall be extended for the number of days between the submittal of a modification request and the date of its final approval, plus an additional 180 days to allow time to obtain a building permit. If litigation is filed relating to the modification request, the time shall be further extended during the pendency of the litigation. The extension required by this paragraph shall only apply to the first request for a modification submitted by the development proponent.
(4)The amendments made to this subdivision by the act that added this paragraph shall also be retroactively applied to developments approved prior to January 1, 2022.
(h)(1)(A)A development proponent may request a modification to a development that has been approved under the streamlined, ministerial approval process provided in subdivision (c) if that request is submitted to the local government before the issuance of the final building permit required for construction of the development.
(B)Except as provided in paragraph (3), the local government shall approve a modification if it determines that the modification is consistent with the objective planning standards specified in subdivision (a) that were in effect when the original development application was first submitted.
(C)The local government shall evaluate any modifications requested pursuant to this subdivision for consistency with the objective planning standards using the same assumptions and analytical methodology that the local government originally used to assess consistency for the development that was approved for streamlined, ministerial approval pursuant to subdivision (c).
(D)A guideline that was adopted or amended by the department pursuant to subdivision (n) after a development was approved through the streamlined, ministerial approval process described in subdivision (c) shall not be used as a basis to deny proposed modifications.
(2)Upon receipt of the development proponents application requesting a modification, the local government shall determine if the requested modification is consistent with the objective planning standard and either approve or deny the modification request within 60 days after submission of the modification, or within 90 days if design review is required.
(3)Notwithstanding paragraph (1), the local government may apply objective planning standards adopted after the development application was first submitted to the requested modification in any of the following instances:
(A)The development is revised such that the total square footage of construction increases by 15 percent or more or the total number of residential units decreases by 15 percent or more. The calculation of the square footage of construction increases shall not include underground space.
(B)The development is revised such that the total square footage of construction increases by 5 percent or more or the total number of residential units decreases by 5 percent or more and it is necessary to subject the development to an objective standard beyond those in effect when the development application was submitted in order to mitigate or avoid a specific, adverse impact, as that term is defined in subparagraph (A) of paragraph (1) of subdivision (j) of Section 65589.5, upon the public health or safety and there is no feasible alternative method to satisfactorily mitigate or avoid the adverse impact. The calculation of the square footage of construction increases shall not include underground space.
(C)(i)Objective building standards contained in the California Building Standards Code (Title 24 of the California Code of Regulations), including, but not limited to, building plumbing, electrical, fire, and grading codes, may be applied to all modification applications that are submitted prior to the first building permit application. Those standards may be applied to modification applications submitted after the first building permit application if agreed to by the development proponent.
(ii)The amendments made to clause (i) by the act that added clause (i) shall also be retroactively applied to modification applications submitted prior to January 1, 2022.
(4)The local governments review of a modification request pursuant to this subdivision shall be strictly limited to determining whether the modification, including any modification to previously approved density bonus concessions or waivers, modify the developments consistency with the objective planning standards and shall not reconsider prior determinations that are not affected by the modification.
(i)(1)A local government shall not adopt or impose any requirement, including, but not limited to, increased fees or inclusionary housing requirements, that applies to a project solely or partially on the basis that the project is eligible to receive ministerial or streamlined approval pursuant to this section.
(2)(A)A local government shall issue a subsequent permit required for a development approved under this section if the application substantially complies with the development as it was approved pursuant to subdivision (c). Upon receipt of an application for a subsequent permit, the local government shall process the permit without unreasonable delay and shall not impose any procedure or requirement that is not imposed on projects that are not approved pursuant to this section. The local government shall consider the application for subsequent permits based upon the objective standards specified in any state or local laws that were in effect when the original development application was submitted, unless the development proponent agrees to a change in objective standards. Issuance of subsequent permits shall implement the approved development, and review of the permit application shall not inhibit, chill, or preclude the development. For purposes of this paragraph, a subsequent permit means a permit required subsequent to receiving approval under subdivision (c), and includes, but is not limited to, demolition, grading, encroachment, and building permits and final maps, if necessary.
(B)The amendments made to subparagraph (A) by the act that added this subparagraph shall also be retroactively applied to subsequent permit applications submitted prior to January 1, 2022.
(3)(A)If a public improvement is necessary to implement a development that is subject to the streamlined, ministerial approval pursuant to this section, including, but not limited to, a bicycle lane, sidewalk or walkway, public transit stop, driveway, street paving or overlay, a curb or gutter, a modified intersection, a street sign or street light, landscape or hardscape, an above-ground or underground utility connection, a water line, fire hydrant, storm or sanitary sewer connection, retaining wall, and any related work, and that public improvement is located on land owned by the local government, to the extent that the public improvement requires approval from the local government, the local government shall not exercise its discretion over any approval relating to the public improvement in a manner that would inhibit, chill, or preclude the development.
(B)If an application for a public improvement described in subparagraph (A) is submitted to a local government, the local government shall do all of the following:
(i)Consider the application based upon any objective standards specified in any state or local laws that were in effect when the original development application was submitted.
(ii)Conduct its review and approval in the same manner as it would evaluate the public improvement if required by a project that is not eligible to receive ministerial or streamlined approval pursuant to this section.
(C)If an application for a public improvement described in subparagraph (A) is submitted to a local government, the local government shall not do either of the following:
(i)Adopt or impose any requirement 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.
(ii)Unreasonably delay in its consideration, review, or approval of the application.
(j)(1)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.
(2)This section shall not prevent a development from also qualifying as a housing development project entitled to the protections of Section 65589.5. This paragraph does not constitute a change in, but is declaratory of, existing law.
(k)The California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) does not apply to actions taken by a state agency, local government, or the San Francisco Bay Area Rapid Transit District to:
(1)Lease, convey, or encumber land owned by the local government or the San Francisco Bay Area Rapid Transit District or to facilitate the lease, conveyance, or encumbrance of land owned by the local government, or for the lease of land owned by the San Francisco Bay Area Rapid Transit District in association with an eligible TOD project, as defined pursuant to Section 29010.1 of the Public Utilities Code, nor to any decisions associated with that lease, or to provide financial assistance to a development that receives streamlined approval pursuant to this section that is to be used for housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code.
(2)Approve improvements located on land owned by the local government or the San Francisco Bay Area Rapid Transit District that are necessary to implement a development that receives streamlined approval pursuant to this section that is to be used for housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code.
(l)For purposes of establishing the total number of units in a development under this chapter, a development or development project includes both of the following:
(1)All projects developed on a site, regardless of when those developments occur.
(2)All projects developed on sites adjacent to a site developed pursuant to this chapter if, after January 1, 2023, the adjacent site had been subdivided from the site developed pursuant to this chapter.
(m)For purposes of this section, the following terms have the following meanings:
(1)Affordable housing cost has the same meaning as set forth in Section 50052.5 of the Health and Safety Code.
(2)(A)Subject to the qualification provided by subparagraphs (B) and (C), affordable rent has the same meaning as set forth in Section 50053 of the Health and Safety Code.
(B)For a development for which an application pursuant to this section was submitted prior to January 1, 2019, that includes 500 units or more of housing, and that dedicates 50 20 percent of the total number of units, before calculating any density bonus, to housing affordable to households making at, or below, 80 percent of the area median income, affordable rent for at least 30 percent of these units shall be set at an affordable rent as defined in subparagraph (A) and affordable rent for the remainder of these units shall mean a rent that is consistent with the maximum rent levels for a housing development that receives an allocation of state or federal low-income housing tax credits from the California Tax Credit Allocation Committee.
(C)For a development that dedicates 100 percent of units, exclusive of a managers unit or units, to lower income households, affordable rent shall mean a rent that is consistent with the maximum rent levels stipulated by the public program providing financing for the development.
(3)Department means the Department of Housing and Community Development.
(4)Development proponent means the developer who submits a housing development project application to a local government under the streamlined ministerial review process pursuant to this section.
(5)Completed entitlements means a housing development that has received all the required land use approvals or entitlements necessary for the issuance of a building permit.
(6)Health care expenditures include contributions under Section 401(a), 501(c), or 501(d) of the Internal Revenue Code and payments toward medical care, as defined in Section 213(d)(1) of the Internal Revenue Code.
(7)Housing development project has the same meaning as in Section 65589.5.
(8)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.
(9)Moderate-income housing units means housing units with an affordable housing cost or affordable rent for persons and families of moderate income, as that term is defined in Section 50093 of the Health and Safety Code.
(10)Production report means the information reported pursuant to subparagraph (H) of paragraph (2) of subdivision (a) of Section 65400.
(11)State agency includes every state office, officer, department, division, bureau, board, and commission, but does not include the California State University or the University of California.
(12)(A)Reporting period means either of the following:
(i)The first half of the regional housing needs assessment cycle.
(ii)The last half of the regional housing needs assessment cycle.
(B)Notwithstanding subparagraph (A), reporting period means annually for the City and County of San Francisco.
(13)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.
(n)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.
(o)The determination of whether an application for a development is subject to the streamlined ministerial approval process provided by subdivision (c) is not a project as defined in Section 21065 of the Public Resources Code.
(p)Notwithstanding any other law, for purposes of this section and for development in compliance with the requirements of this section on property owned by or leased to the state, the Department of General Services may act in the place of a locality or local government, at the discretion of the department.
(q)(1)For developments proposed in a census tract that is designated either as a moderate resource area, low resource area, or an area of high segregation and poverty on the most recent CTCAC/HCD Opportunity Map published by the California Tax Credit Allocation Committee and the Department of Housing and Community Development, within 45 days after receiving a notice of intent, as described in subdivision (b), and before the development proponent submits an application for the proposed development that is subject to the streamlined, ministerial approval process described in subdivision (c), the local government shall provide for a public meeting to be held by the city council or county board of supervisors to provide an opportunity for the public and the local government to comment on the development.
(2)The public meeting shall be held at a regular meeting and be subject to the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5).
(3)If the development proposal is located within a city with a population of greater than 250,000 or the unincorporated area of a county with a population of greater than 250,000, the public meeting shall be held by the jurisdictions planning commission.
(4)Comments may be provided by testimony during the meeting or in writing at any time before the meeting concludes.
(5)The development proponent shall attest in writing that it attended the meeting described in paragraph (1) and reviewed the public testimony and written comments from the meeting in its application for the proposed development that is subject to the streamlined, ministerial approval process described in subdivision (c).
(6)If the local government fails to hold the hearing described in paragraph (1) within 45 days after receiving the notice of intent, the development proponent shall hold a public meeting on the proposed development before submitting an application pursuant to this section.
(r)(1)This section shall not apply to applications for developments proposed on qualified sites that are submitted on or after January 1, 2024, but before July 1, 2025.
(2)For purposes of this subdivision, qualified site means a site that meets the following requirements:
(A)The site is located within an equine or equestrian district designated by a general plan or specific or master plan, which may include a specific narrative reference to a geographically determined area or map of the same. Parcels adjoined and only separated by a street or highway shall be considered to be within an equestrian district.
(B)As of January 1, 2024, the general plan applicable to the site contains, and has contained for five or more years, an equine or equestrian district designation where the site is located.
(C)As of January 1, 2024, the equine or equestrian district applicable to the site is not zoned to include residential uses, but authorizes residential uses with a conditional use permit.
(D)The applicable local government has an adopted housing element that is compliant with applicable law.
(3)The Legislature finds and declares that the purpose of this subdivision is to allow local governments to conduct general plan updates to align their general plan with applicable zoning changes.
(s)The provisions of clause (iii) of subparagraph (E) of paragraph (8) of subdivision (a) relating to health care expenditures are distinct and severable from the remaining provisions of this section. However, the remaining portions of paragraph (8) of subdivision (a) are a material and integral part of this section and are not severable. If any provision or application of paragraph (8) of subdivision (a) is held invalid, this entire section shall be null and void.
(t)(1)The changes made to this section by the act adding this subdivision shall apply in a coastal zone, as defined in Division 20 (commencing with Section 30000) of the Public Resources Code, on and after January 1, 2025.
(2)In an area of the coastal zone not excluded under paragraph (6) of subdivision (a), a development that satisfies the requirements of subdivision (a) shall require a coastal development permit pursuant to Chapter 7 (commencing with Section 30600) of Division 20 of the Public Resources Code. A public agency with coastal development permitting authority shall approve a coastal development permit if it determines that the development is consistent with all objective standards of the local governments certified local coastal program or, for areas that are not subject to a fully certified local coastal program, the certified land use plan of that area.
(3)For purposes of this section, receipt of any density bonus, concessions, incentives, waivers or reductions of development standards, and parking ratios to which the applicant is entitled under Section 65915 shall not constitute a basis to find the project inconsistent with the local coastal program.
(u)It is the policy of the state that this section be interpreted and implemented in a manner to afford the fullest possible weight to the interest of, and the approval and provision of, increased housing supply.
(v)This section shall remain in effect only until January 1, 2036, and as of that date is repealed.
SEC. 2.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)Except as provided in subdivision (r), a development proponent may submit an application for a development that is subject to the streamlined, ministerial approval process provided by subdivision (c) and is not subject to a conditional use permit or any other nonlegislative discretionary approval if the development complies with subdivision (b) and 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 and the site on which it is located satisfy all of the following:
(A)It 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)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)(i)A site that meets the requirements of clause (ii) and satisfies any of the following:
(I)The site is zoned for residential use or residential mixed-use development.
(II)The site has a general plan designation that allows residential use or a mix of residential and nonresidential uses.
(III)The site meets the requirements of Section 65852.24.
(ii)At least two-thirds of the square footage of the development is designated for residential use. Additional density, floor area, and units, and any other concession, incentive, or waiver of development standards granted pursuant to the Density Bonus Law in Section 65915 shall be included in the square footage calculation. The square footage of the development shall not include underground space, such as basements or underground parking garages.
(3)(A)The development proponent has committed to record, prior to the issuance of the first building permit, a land use restriction or covenant providing that any lower or moderate income moderate-income housing units required pursuant to subparagraph (B) of paragraph (4) shall remain available at affordable housing costs or rent to persons and families of lower or moderate income for no less than the following periods of time:
(i)Fifty-five years for units that are rented.
(ii)Forty-five years for units that are owned.
(B)The city or county shall require the recording of covenants or restrictions implementing this paragraph for each parcel or unit of real property included in the development.
(4)The development satisfies clause (i) or (ii) of subparagraph (A) and satisfies subparagraph (B) below:
(A)(i)For a development located in a locality that is in its sixth or earlier housing element cycle, the development is located in either of the following:
(I)In a locality that the department has determined is subject to this clause on the basis that the number of units that have been issued building permits, as shown on the most recent production report received by the department, 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 subclause until the departments determination for the next reporting period.
(II)In a locality that the department has determined is subject to this clause on the basis that the locality did not adopt a housing element that has been found in substantial compliance with housing element law (Article 10.6 (commencing with Section 65580) of Chapter 3) by the department. A locality shall remain eligible under this subclause until such time as the locality adopts a housing element that has been found in substantial compliance with housing element law (Article 10.6 (commencing with Section 65580) of Chapter 3) by the department.
(ii)For a development located in a locality that is in its seventh or later housing element cycle, is located in a locality that the department has determined is subject to this clause on the basis that the locality did not adopt a housing element that has been found in substantial compliance with housing element law (Article 10.6 (commencing with Section 65580) of Chapter 3) by the department by the statutory deadline, or that the number of units that have been issued building permits, as shown on the most recent production report received by the department, 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.
(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 adopt a housing element pursuant to Section 65588 that has been found in substantial compliance with the housing element law (Article 10.6 (commencing with Section 65580) of Chapter 3) by the department, did not submit its latest production report to the department by the time period required by Section 65400, or that production report submitted to the department reflects that there were fewer units of above moderate-income housing issued building permits 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 does one of the following:
(I)For for-rent projects, the project dedicates a minimum of 10 percent of the total number of units, before calculating any density bonus, to housing affordable to households making at or below 50 percent of the area median income. However, 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 50 percent of the area median income, that local ordinance applies.
(II)For for-sale projects, the project dedicates a minimum of 10 percent of the total number of units, before calculating any density bonus, to housing affordable to households making at or below 80 percent of the area median income. However, 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 local ordinance applies.
(III)(ia)If the project is located within the San Francisco Bay area, the project, in lieu of complying with subclause (I) or (II), may opt to abide by this subclause. Projects utilizing this subclause shall dedicate 20 percent of the total number of units, before calculating any density bonus, to housing affordable to households making below 100 percent of the area median income with the average income of the units at or below 80 percent of the area median income. However, a local ordinance adopted by the locality applies if it requires greater than 20 percent of the units be dedicated to housing affordable to households making at or below 100 percent of the area median income, or requires that any of the units be dedicated at a level deeper than 100 percent. In order to comply with this subclause, the rent or sale price charged for units that are dedicated to housing affordable to households between 80 percent and 100 percent of the area median income shall not exceed 30 percent of the gross income of the household.
(ib)For purposes of this subclause, San Francisco Bay area means the entire area within the territorial boundaries of the Counties of Alameda, Contra Costa, Marin, Napa, San Mateo, Santa Clara, Solano, and Sonoma, and the City and County of San Francisco.
(ii)The localitys latest production report reflects that there were fewer units of housing issued building permits 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, and the project seeking approval dedicates 50 percent of the total number of units, before calculating any density bonus, to housing affordable to households making at or below 80 percent of the area median income. However, if 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 at or below 80 percent of the area median income, that local 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 both income levels described in clauses (i) and (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).
(C)(i)A development proponent that uses a unit of affordable housing to satisfy the requirements of subparagraph (B) may also satisfy any other local or state requirement for affordable housing, including local ordinances or the Density Bonus Law in Section 65915, provided that the development proponent complies with the applicable requirements in the state or local law. If a local requirement for affordable housing requires units that are restricted to households with incomes higher than the applicable income limits required in subparagraph (B), then units that meet the applicable income limits required in subparagraph (B) shall be deemed to satisfy those local requirements for higher income units.
(ii)A development proponent that uses a unit of affordable housing to satisfy any other state or local affordability requirement may also satisfy the requirements of subparagraph (B), provided that the development proponent complies with applicable requirements of subparagraph (B).
(iii)A development proponent may satisfy the affordability requirements of subparagraph (B) with a unit that is restricted to households with incomes lower than the applicable income limits required in subparagraph (B).
(D)The amendments to this subdivision made by the act adding this subparagraph do not constitute a change in, but are declaratory of, existing law.
(5)The development, excluding any additional density or any other concessions, incentives, or waivers of development standards for which the development is eligible pursuant to the Density Bonus Law in Section 65915, is consistent with objective zoning standards, objective subdivision standards, and objective design review standards in effect at the time that the development is submitted to the local government pursuant to this section, or at the time a notice of intent is submitted pursuant to subdivision (b), whichever occurs earlier. For purposes of this paragraph, objective zoning standards, objective subdivision standards, and objective design review standards mean standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official before submittal. These standards may be embodied in alternative objective land use specifications adopted by a city or county, and may include, but are not limited to, housing overlay zones, specific plans, inclusionary zoning ordinances, and density bonus ordinances, subject to the following:
(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, subdivision, or design review standards are mutually inconsistent, a development shall be deemed consistent with the objective zoning and subdivision standards pursuant to this subdivision if the development is consistent with the standards set forth in the general plan.
(C)It is the intent of the Legislature that the objective zoning standards, objective subdivision standards, and objective design review standards described in this paragraph be adopted or amended in compliance with the requirements of Chapter 905 of the Statutes of 2004.
(D)The amendments to this subdivision made by the act adding this subparagraph do not constitute a change in, but are declaratory of, existing law.
(E)A project that satisfies the requirements of Section 65852.24 shall be deemed consistent with objective zoning standards, objective design standards, and objective subdivision standards if the project is consistent with the provisions of subdivision (b) of Section 65852.24 and if none of the square footage in the project is designated for hotel, motel, bed and breakfast inn, or other transient lodging use, except for a residential hotel. For purposes of this subdivision, residential hotel shall have the same meaning as defined in Section 50519 of the Health and Safety Code.
(6)The development is not located on a site that is any of the following:
(A)(i)An area of the coastal zone subject to paragraph (1) or (2) of subdivision (a) of Section 30603 of the Public Resources Code.
(ii)An area of the coastal zone that is not subject to a certified local coastal program or a certified land use plan.
(iii)An area of the coastal zone that is vulnerable to five feet of sea level rise, as determined by the National Oceanic and Atmospheric Administration, the Ocean Protection Council, the United States Geological Survey, the University of California, or a local governments coastal hazards vulnerability assessment.
(iv)In a parcel within the coastal zone that is not zoned for multifamily housing.
(v)In a parcel in the coastal zone and located on either of the following:
(I)On, or within a 100-foot radius of, a wetland, as defined in Section 30121 of the Public Resources Code.
(II)On prime agricultural land, as defined in Sections 30113 and 30241 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 the state responsibility area, as defined in Section 4102 of the Public Resources Code. This subparagraph does not apply to sites that have adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development, including, but not limited to, standards established under all of the following or their successor provisions:
(i)Section 4291 of the Public Resources Code or Section 51182, as applicable.
(ii)Section 4290 of the Public Resources Code.
(iii)Chapter 7A of the California Building Code (Title 24 of the California Code of Regulations).
(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 either of the following apply:
(i)The site is an underground storage tank site that received a uniform closure letter issued pursuant to subdivision (g) of Section 25296.10 of the Health and Safety Code based on closure criteria established by the State Water Resources Control Board for residential use or residential mixed uses. This section does not alter or change the conditions to remove a site from the list of hazardous waste sites listed pursuant to Section 65962.5.
(ii)The State Department of Public Health, State Water Resources Control Board, Department of Toxic Substances Control, or a local agency making a determination pursuant to subdivision (c) of Section 25296.10 of the Health and Safety Code, has otherwise determined that the site is suitable 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 special flood hazard area subject to inundation by the 1 percent annual chance flood (100-year flood) as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency. If a development proponent is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this subparagraph and is otherwise eligible for streamlined approval under this section, a local government shall not deny the application on the basis that the development proponent did not comply with any additional permit requirement, standard, or action adopted by that local government that is applicable to that site. A development may be located on a site described in this subparagraph if either of the following are met:
(i)The site has been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction.
(ii)The site meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program 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 regulatory floodway as determined by the Federal Emergency Management Agency in any official maps published 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. If a development proponent is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this subparagraph and is otherwise eligible for streamlined approval under this section, a local government shall not deny the application on the basis that the development proponent did not comply with any additional permit requirement, standard, or action adopted by that local government that is applicable to that site.
(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)Except as provided in paragraph (9), a proponent of a development project approved by a local government pursuant to this section shall require in contracts with construction contractors, and shall certify to the local government, that the following standards specified in this paragraph will be met in project construction, as applicable:
(A)A development that is not in its entirety a public work for purposes of Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code and approved by a local government pursuant to Article 2 (commencing with Section 65912.110) or Article 3 (commencing with Section 65912.120) shall be subject to all of the following:
(i)All construction workers employed in the execution of the development shall 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.
(ii)The development proponent shall ensure that the prevailing wage requirement is included in all contracts for the performance of the work for those portions of the development that are not a public work.
(iii)All contractors and subcontractors for those portions of the development that are not a public work shall comply with both of the following:
(I)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.
(II)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 that section. This subclause does 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 subclause, project labor agreement has the same meaning as set forth in paragraph (1) of subdivision (b) of Section 2500 of the Public Contract Code.
(B)(i)The obligation of the contractors and subcontractors to pay prevailing wages pursuant to this paragraph may be enforced by any of the following:
(I)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.
(II)An underpaid worker through an administrative complaint or civil action.
(III)A joint labor-management committee through a civil action under Section 1771.2 of the Labor Code.
(ii)If a civil wage and penalty assessment is issued pursuant to this paragraph, 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.
(iii)This paragraph does 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.
(C)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 does not apply to those portions of development that are not a public work if otherwise provided in a bona fide collective bargaining agreement covering the worker.
(D)The requirement of this paragraph 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.
(E)A development of 50 or more housing units approved by a local government pursuant to this section shall meet all of the following labor standards:
(i)The development proponent shall require in contracts with construction contractors and shall certify to the local government that each contractor of any tier who will employ construction craft employees or will let subcontracts for at least 1,000 hours shall satisfy the requirements in clauses (ii) and (iii). A construction contractor is deemed in compliance with clauses (ii) and (iii) if it is signatory to a valid collective bargaining agreement that requires utilization of registered apprentices and expenditures on health care for employees and dependents.
(ii)A contractor with construction craft employees shall either participate in an apprenticeship program approved by the California Division of Apprenticeship Standards pursuant to Section 3075 of the Labor Code, or request the dispatch of apprentices from a state-approved apprenticeship program under the terms and conditions set forth in Section 1777.5 of the Labor Code. A contractor without construction craft employees shall show a contractual obligation that its subcontractors comply with this clause.
(iii)Each contractor with construction craft employees shall make health care expenditures for each employee in an amount per hour worked on the development equivalent to at least the hourly pro rata cost of a Covered California Platinum level plan for two adults 40 years of age and two dependents 0 to 14 years of age for the Covered California rating area in which the development is located. A contractor without construction craft employees shall show a contractual obligation that its subcontractors comply with this clause. Qualifying expenditures shall be credited toward compliance with prevailing wage payment requirements set forth in this paragraph.
(iv)(I)The development proponent shall provide to the local government, on a monthly basis while its construction contracts on the development are being performed, a report demonstrating compliance with clauses (ii) and (iii). The reports shall be considered public records under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1) and shall be open to public inspection.
(II)A development proponent that fails to provide the monthly report shall be subject to a civil penalty for each month for which the report has not been provided, in the amount of 10 percent of the dollar value of construction work performed by that contractor on the development in the month in question, up to a maximum of ten thousand dollars ($10,000). Any contractor or subcontractor that fails to comply with clauses (ii) and (iii) shall be subject to a civil penalty of two hundred dollars ($200) per day for each worker employed in contravention of clauses (ii) and (iii).
(III)Penalties may be assessed by the Labor Commissioner within 18 months of completion of the development using the procedures for issuance of civil wage and penalty assessments specified in Section 1741 of the Labor Code, and may be reviewed pursuant to Section 1742 of the Labor Code. Penalties shall be deposited in the State Public Works Enforcement Fund established pursuant to Section 1771.3 of the Labor Code.
(v)Each construction contractor shall maintain and verify payroll records pursuant to Section 1776 of the Labor Code. Each construction contractor shall submit payroll records directly to the Labor Commissioner at least monthly in a format prescribed by the Labor Commissioner in accordance with subparagraph (A) of paragraph (3) of subdivision (a) of Section 1771.4 of the Labor Code. The records shall include a statement of fringe benefits. Upon request by a joint labor-management cooperation committee established pursuant to the federal Labor Management Cooperation Act of 1978 (29 U.S.C. Sec. 175a), the records shall be provided pursuant to subdivision (e) of Section 1776 of the Labor Code.
(vi)All construction contractors shall report any change in apprenticeship program participation or health care expenditures to the local government within 10 business days, and shall reflect those changes on the monthly report. The reports shall be considered public records pursuant to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1) and shall be open to public inspection.
(vii)A joint labor-management cooperation committee established pursuant to the federal Labor Management Cooperation Act of 1978 (29 U.S.C. Sec. 175a) shall have standing to sue a construction contractor for failure to make health care expenditures pursuant to clause (iii) in accordance with Section 218.7 or 218.8 of the Labor Code.
(F)For any project over 85 feet in height above grade, the following skilled and trained workforce provisions apply:
(i)Except as provided in clause (ii), the developer shall enter into construction contracts with prime contractors only if all of the following are satisfied:
(I)The contract contains an enforceable commitment that the prime contractor and subcontractors at every tier will use a skilled and trained workforce, as defined in Section 2601 of the Public Contract Code, to perform work on the project that falls within an apprenticeable occupation in the building and construction trades. However, this enforceable commitment requirement shall not apply to any scopes of work where new bids are accepted pursuant to subclause (I) of clause (ii).
(II)The developer or prime contractor shall establish minimum bidding requirements for subcontractors that are objective to the maximum extent possible. The developer or prime contractor shall not impose any obstacles in the bid process for subcontractors that go beyond what is reasonable and commercially customary. The developer or prime contractor must accept bids submitted by any bidder that meets the minimum criteria set forth in the bid solicitation.
(III)The prime contractor has provided an affidavit under penalty of perjury that, in compliance with this subparagraph, it will use a skilled and trained workforce and will obtain from its subcontractors an enforceable commitment to use a skilled and trained workforce for each scope of work in which it receives at least three bids attesting to satisfaction of the skilled and trained workforce requirements.
(IV)When a prime contractor or subcontractor is required to provide an enforceable commitment that a skilled and trained workforce will be used to complete a contract or project, the commitment shall be made in an enforceable agreement with the developer that provides the following:
(ia)The prime contractor and subcontractors at every tier will comply with this chapter.
(ib)The prime contractor will provide the developer, on a monthly basis while the project or contract is being performed, a report demonstrating compliance by the prime contractor.
(ic)The prime contractor shall provide the developer, on a monthly basis while the project or contract is being performed, the monthly reports demonstrating compliance submitted to the prime contractor by the affected subcontractors.
(ii)(I)If a prime contractor fails to receive at least three bids in a scope of construction work from subcontractors that attest to satisfying the skilled and trained workforce requirements as described in this subparagraph, the prime contractor may accept new bids for that scope of work. The prime contractor need not require that a skilled and trained workforce be used by the subcontractors for that scope of work.
(II)The requirements of this subparagraph shall not apply if all contractors, subcontractors, and craft unions performing work on the development are subject to a multicraft 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. The multicraft project labor agreement shall include all construction crafts with applicable coverage determinations for the specified scopes of work on the project pursuant to Section 1773 of the Labor Code and shall be executed by all applicable labor organizations regardless of affiliation. For purposes of this clause, project labor agreement means a prehire collective bargaining agreement that establishes terms and conditions of employment for a specific construction project or projects and is an agreement described in Section 158(f) of Title 29 of the United States Code.
(III)Requirements set forth in this subparagraph shall not apply to projects where 100 percent of the units, exclusive of a managers unit or units, are dedicated to lower income households, as defined by Section 50079.5 of the Health and Safety Code.
(iii)If the skilled and trained workforce requirements of this subparagraph apply, the prime contractor shall require subcontractors to provide, and subcontractors on the project shall provide, the following to the prime contractor:
(I)An affidavit signed under penalty of perjury that a skilled and trained workforce shall be employed on the project.
(II)Reports on a monthly basis, while the project or contract is being performed, demonstrating compliance with this chapter.
(iv)Upon issuing any invitation or bid solicitation for the project, but no less than seven days before the bid is due, the developer shall send a notice of the invitation or solicitation that describes the project to the following entities within the jurisdiction of the proposed project site:
(I)Any bona fide labor organization representing workers in the building and construction trades who may perform work necessary to complete the project and the local building and construction trades council.
(II)Any organization representing contractors that may perform work necessary to complete the project, including any contractors association or regional builders exchange.
(v)The developer or prime contractor shall, within three business days of a request by a joint labor-management cooperation committee established pursuant to the federal Labor Management Cooperation 8 Act of 1978 (29 U.S.C. Sec. 175a), provide all of the following:
(I)The names and Contractors State License Board numbers of the prime contractor and any subcontractors that submitted a proposal or bid for the development project.
(II)The names and Contractors State License Board numbers of contractors and subcontractors that are under contract to perform construction work.
(vi)(I)For all projects subject to this subparagraph, the development proponent shall provide to the locality, on a monthly basis while the project or contract is being performed, a report demonstrating that the self-performing prime contractor and all subcontractors used a skilled and trained workforce, as defined in Section 2601 of the Public Contract Code, unless otherwise exempt under this subparagraph. A monthly report provided to the locality pursuant to this subclause shall be a public record under the California Public Records Act Division 10 (commencing with Section 7920.000) of Title 1 and shall be open to public inspection. A developer that fails to provide a complete monthly report shall be subject to a civil penalty of 10 percent of the dollar value of construction work performed by that contractor on the project in the month in question, up to a maximum of ten thousand dollars ($10,000) per month for each month for which the report has not been provided.
(II)Any subcontractors or prime contractor self-performing work subject to the skilled and trained workforce requirements under this subparagraph that fail 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 project using the same 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. Prime contractors shall not be jointly liable for violations of this subparagraph by subcontractors. Penalties shall be paid to the State Public Works Enforcement Fund or the locality or its labor standards enforcement agency, depending on the lead entity performing the enforcement work.
(III)Any provision of a contract or agreement of any kind between a developer and a prime contractor that purports to delegate, transfer, or assign to a prime contractor any obligations of or penalties incurred by a developer shall be deemed contrary to public policy and shall be void and unenforceable.
(G)A locality, and any labor standards enforcement agency the locality lawfully maintains, shall have standing to take administrative action or sue a construction contractor for failure to comply with this paragraph. A prevailing locality or labor standards enforcement agency shall distribute any wages and penalties to workers in accordance with law and retain any fees, additional penalties, or assessments.
(9)Notwithstanding paragraph (8), a development that is subject to approval pursuant to this section is exempt from any requirement to pay prevailing wages, use a workforce participating in an apprenticeship, or provide health care expenditures if it satisfies both of the following:
(A)The project consists of 10 or fewer units.
(B)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.
(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)(A)(i)Before submitting an application for a development subject to the streamlined, ministerial approval process described in subdivision (c), the development proponent shall submit to the local government a notice of its intent to submit an application. The notice of intent shall be in the form of a preliminary application that includes all of the information described in Section 65941.1, as that section read on January 1, 2020.
(ii)Upon receipt of a notice of intent to submit an application described in clause (i), the local government shall engage in a scoping consultation regarding the proposed development with any California Native American tribe that is traditionally and culturally affiliated with the geographic area, as described in Section 21080.3.1 of the Public Resources Code, of the proposed development. In order to expedite compliance with this subdivision, the local government shall contact the Native American Heritage Commission for assistance in identifying any California Native American tribe that is traditionally and culturally affiliated with the geographic area of the proposed development.
(iii)The timeline for noticing and commencing a scoping consultation in accordance with this subdivision shall be as follows:
(I)The local government shall provide a formal notice of a development proponents notice of intent to submit an application described in clause (i) to each California Native American tribe that is traditionally and culturally affiliated with the geographic area of the proposed development within 30 days of receiving that notice of intent. The formal notice provided pursuant to this subclause shall include all of the following:
(ia)A description of the proposed development.
(ib)The location of the proposed development.
(ic)An invitation to engage in a scoping consultation in accordance with this subdivision.
(II)Each California Native American tribe that receives a formal notice pursuant to this clause shall have 30 days from the receipt of that notice to accept the invitation to engage in a scoping consultation.
(III)If the local government receives a response accepting an invitation to engage in a scoping consultation pursuant to this subdivision, the local government shall commence the scoping consultation within 30 days of receiving that response.
(B)The scoping consultation shall recognize that California Native American tribes traditionally and culturally affiliated with a geographic area have knowledge and expertise concerning the resources at issue and shall take into account the cultural significance of the resource to the culturally affiliated California Native American tribe.
(C)The parties to a scoping consultation conducted pursuant to this subdivision shall be the local government and any California Native American tribe traditionally and culturally affiliated with the geographic area of the proposed development. More than one California Native American tribe traditionally and culturally affiliated with the geographic area of the proposed development may participate in the scoping consultation. However, the local government, upon the request of any California Native American tribe traditionally and culturally affiliated with the geographic area of the proposed development, shall engage in a separate scoping consultation with that California Native American tribe. The development proponent and its consultants may participate in a scoping consultation process conducted pursuant to this subdivision if all of the following conditions are met:
(i)The development proponent and its consultants agree to respect the principles set forth in this subdivision.
(ii)The development proponent and its consultants engage in the scoping consultation in good faith.
(iii)The California Native American tribe participating in the scoping consultation approves the participation of the development proponent and its consultants. The California Native American tribe may rescind its approval at any time during the scoping consultation, either for the duration of the scoping consultation or with respect to any particular meeting or discussion held as part of the scoping consultation.
(D)The participants to a scoping consultation pursuant to this subdivision shall comply with all of the following confidentiality requirements:
(i)Section 7927.000.
(ii)Section 7927.005.
(iii)Subdivision (c) of Section 21082.3 of the Public Resources Code.
(iv)Subdivision (d) of Section 15120 of Title 14 of the California Code of Regulations.
(v)Any additional confidentiality standards adopted by the California Native American tribe participating in the scoping consultation.
(E)The California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) shall not apply to a scoping consultation conducted pursuant to this subdivision.
(2)(A)If, after concluding the scoping consultation, the parties find that no potential tribal cultural resource would be affected by the proposed development, the development proponent may submit an application for the proposed development that is subject to the streamlined, ministerial approval process described in subdivision (c).
(B)If, after concluding the scoping consultation, the parties find that a potential tribal cultural resource could be affected by the proposed development and an enforceable agreement is documented between the California Native American tribe and the local government on methods, measures, and conditions for tribal cultural resource treatment, the development proponent may submit the application for a development subject to the streamlined, ministerial approval process described in subdivision (c). The local government shall ensure that the enforceable agreement is included in the requirements and conditions for the proposed development.
(C)If, after concluding the scoping consultation, the parties find that a potential tribal cultural resource could be affected by the proposed development and an enforceable agreement is not documented between the California Native American tribe and the local government regarding methods, measures, and conditions for tribal cultural resource treatment, the development shall not be eligible for the streamlined, ministerial approval process described in subdivision (c).
(D)For purposes of this paragraph, a scoping consultation shall be deemed to be concluded if either of the following occur:
(i)The parties to the scoping consultation document an enforceable agreement concerning methods, measures, and conditions to avoid or address potential impacts to tribal cultural resources that are or may be present.
(ii)One or more parties to the scoping consultation, acting in good faith and after reasonable effort, conclude that a mutual agreement on methods, measures, and conditions to avoid or address impacts to tribal cultural resources that are or may be present cannot be reached.
(E)If the development or environmental setting substantially changes after the completion of the scoping consultation, the local government shall notify the California Native American tribe of the changes and engage in a subsequent scoping consultation if requested by the California Native American tribe.
(3)A local government may only accept an application for streamlined, ministerial approval pursuant to this section if one of the following applies:
(A)A California Native American tribe that received a formal notice of the development proponents notice of intent to submit an application pursuant to subclause (I) of clause (iii) of subparagraph (A) of paragraph (1) did not accept the invitation to engage in a scoping consultation.
(B)The California Native American tribe accepted an invitation to engage in a scoping consultation pursuant to subclause (II) of clause (iii) of subparagraph (A) of paragraph (1) but substantially failed to engage in the scoping consultation after repeated documented attempts by the local government to engage the California Native American tribe.
(C)The parties to a scoping consultation pursuant to this subdivision find that no potential tribal cultural resource will be affected by the proposed development pursuant to subparagraph (A) of paragraph (2).
(D)A scoping consultation between a California Native American tribe and the local government has occurred in accordance with this subdivision and resulted in agreement pursuant to subparagraph (B) of paragraph (2).
(4)A project shall not be eligible for the streamlined, ministerial process described in subdivision (c) if any of the following apply:
(A)There is a tribal cultural resource that is on a national, state, tribal, or local historic register list located on the site of the project.
(B)There is a potential tribal cultural resource that could be affected by the proposed development and the parties to a scoping consultation conducted pursuant to this subdivision do not document an enforceable agreement on methods, measures, and conditions for tribal cultural resource treatment, as described in subparagraph (C) of paragraph (2).
(C)The parties to a scoping consultation conducted pursuant to this subdivision do not agree as to whether a potential tribal cultural resource will be affected by the proposed development.
(5)(A)If, after a scoping consultation conducted pursuant to this subdivision, a project is not eligible for the streamlined, ministerial process described in subdivision (c) for any or all of the following reasons, the local government shall provide written documentation of that fact, and an explanation of the reason for which the project is not eligible, to the development proponent and to any California Native American tribe that is a party to that scoping consultation:
(i)There is a tribal cultural resource that is on a national, state, tribal, or local historic register list located on the site of the project, as described in subparagraph (A) of paragraph (4).
(ii)The parties to the scoping consultation have not documented an enforceable agreement on methods, measures, and conditions for tribal cultural resource treatment, as described in subparagraph (C) of paragraph (2) and subparagraph (B) of paragraph (4).
(iii)The parties to the scoping consultation do not agree as to whether a potential tribal cultural resource will be affected by the proposed development, as described in subparagraph (C) of paragraph (4).
(B)The written documentation provided to a development proponent pursuant to this paragraph shall include information on how the development proponent may seek a conditional use permit or other discretionary approval of the development from the local government.
(6)This section is not intended, and shall not be construed, to limit consultation and discussion between a local government and a California Native American tribe pursuant to other applicable law, confidentiality provisions under other applicable law, the protection of religious exercise to the fullest extent permitted under state and federal law, or the ability of a California Native American tribe to submit information to the local government or participate in any process of the local government.
(7)For purposes of this subdivision:
(A)Consultation means the meaningful and timely process of seeking, discussing, and considering carefully the views of others, in a manner that is cognizant of all parties cultural values and, where feasible, seeking agreement. Consultation between local governments and Native American tribes shall be conducted in a way that is mutually respectful of each partys sovereignty. Consultation shall also recognize the tribes potential needs for confidentiality with respect to places that have traditional tribal cultural importance. A lead agency shall consult the tribal consultation best practices described in the State of California Tribal Consultation Guidelines: Supplement to the General Plan Guidelines prepared by the Office of Planning and Research.
(B)Scoping means the act of participating in early discussions or investigations between the local government and California Native American tribe, and the development proponent if authorized by the California Native American tribe, regarding the potential effects a proposed development could have on a potential tribal cultural resource, as defined in Section 21074 of the Public Resources Code, or California Native American tribe, as defined in Section 21073 of the Public Resources Code.
(8)This subdivision shall not apply to any project that has been approved under the streamlined, ministerial approval process provided under this section before the effective date of the act adding this subdivision.
(c)(1)Notwithstanding any local law, if a local governments planning director or equivalent position determines that a development submitted pursuant to this section is consistent with the objective planning standards specified in subdivision (a) and pursuant to paragraph (3) of this subdivision, the local government shall approve the development. Upon a determination that a development submitted pursuant to this section is in conflict with any of the objective planning standards specified in subdivision (a), the local government staff or relevant local planning and permitting department that made the determination 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 governments planning director or equivalent position 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).
(3)For purposes of this section, a development is consistent with the objective planning standards specified in subdivision (a) if there is substantial evidence that would allow a reasonable person to conclude that the development is consistent with the objective planning standards. The local government shall not determine that a development, including an application for a modification under subdivision (h), is in conflict with the objective planning standards on the basis that application materials are not included, if the application contains substantial evidence that would allow a reasonable person to conclude that the development is consistent with the objective planning standards.
(4)Upon submittal of an application for streamlined, ministerial approval pursuant to this section to the local government, all departments of the local government that are required to issue an approval of the development prior to the granting of an entitlement shall comply with the requirements of this section within the time periods specified in paragraph (1).
(d)(1)Any design review of the development may be conducted by the local governments planning commission or any equivalent board or commission responsible for design review. That design review shall be objective and be strictly focused on assessing compliance with criteria required for streamlined 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 shall be completed, and if the development is consistent with all objective standards, the local government shall approve the development as follows and shall not in any way inhibit, chill, or preclude the ministerial approval provided by this section or its effect, as applicable:
(A)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.
(B)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.
(2)If the development is consistent with the requirements of subparagraph (A) or (B) of paragraph (9) of subdivision (a) and is consistent with all objective subdivision standards in the local subdivision ordinance, an application for a subdivision pursuant to the Subdivision Map Act (Division 2 (commencing with Section 66410)) shall be exempt from the requirements of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) and shall be subject to the public oversight timelines set forth in paragraph (1).
(3)If a local government determines that a development submitted pursuant to this section is in conflict with any of the standards imposed pursuant to paragraph (1), it shall provide the development proponent written documentation of which objective standard or standards the development conflicts with, and an explanation for the reason or reasons the development conflicts with that objective standard or standards consistent with the timelines described in paragraph (1) of subdivision (c).
(e)(1)Notwithstanding any other law, a local government, whether or not it has adopted an ordinance governing automobile parking requirements in multifamily developments, shall not impose automobile 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 automobile parking requirements for streamlined developments approved pursuant to this section that exceed one parking space per unit.
(f)Notwithstanding any law, a local government shall not require any of the following prior to approving a development that meets the requirements of this section:
(1)Studies, information, or other materials that do not pertain directly to determining whether the development is consistent with the objective planning standards applicable to the development.
(2)(A)Compliance with any standards necessary to receive a postentitlement permit.
(B)This paragraph does not prohibit a local agency from requiring compliance with any standards necessary to receive a postentitlement permit after a permit has been issued pursuant to this section.
(C)For purposes of this paragraph, postentitlement permit has the same meaning as provided in subparagraph (A) of paragraph (3) of subdivision (j) of Section 65913.3.
(g)(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 satisfies both of the following requirements:
(A)The project includes public investment in housing affordability, beyond tax credits.
(B)At least 50 percent of the units are affordable to households making at or below 80 percent of the area median income.
(2)(A)If a local government approves a development pursuant to this section, and the project does not satisfy the requirements of subparagraphs (A) and (B) of paragraph (1), that approval shall remain valid for three years from the date of the final action establishing that approval, or if litigation is filed challenging that approval, from the date of the final judgment upholding that approval. Approval shall remain valid for a project provided construction activity, including demolition and grading activity, on the development site has begun pursuant to a permit issued by the local jurisdiction and is in progress. For purposes of this subdivision, in progress means one of the following:
(i)The construction has begun and has not ceased for more than 180 days.
(ii)If the development requires multiple building permits, an initial phase has been completed, and the project proponent has applied for and is diligently pursuing a building permit for a subsequent phase, provided that once it has been issued, the building permit for the subsequent phase does not lapse.
(B)Notwithstanding subparagraph (A), a local government may grant a project 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 the development proponent requests a modification pursuant to subdivision (h), then the time during which the approval shall remain valid shall be extended for the number of days between the submittal of a modification request and the date of its final approval, plus an additional 180 days to allow time to obtain a building permit. If litigation is filed relating to the modification request, the time shall be further extended during the pendency of the litigation. The extension required by this paragraph shall only apply to the first request for a modification submitted by the development proponent.
(4)The amendments made to this subdivision by the act that added this paragraph shall also be retroactively applied to developments approved prior to January 1, 2022.
(h)(1)(A)A development proponent may request a modification to a development that has been approved under the streamlined, ministerial approval process provided in subdivision (c) if that request is submitted to the local government before the issuance of the final building permit required for construction of the development.
(B)Except as provided in paragraph (3), the local government shall approve a modification if it determines that the modification is consistent with the objective planning standards specified in subdivision (a) that were in effect when the original development application was first submitted.
(C)The local government shall evaluate any modifications requested pursuant to this subdivision for consistency with the objective planning standards using the same assumptions and analytical methodology that the local government originally used to assess consistency for the development that was approved for streamlined, ministerial approval pursuant to subdivision (c).
(D)A guideline that was adopted or amended by the department pursuant to subdivision (n) after a development was approved through the streamlined, ministerial approval process described in subdivision (c) shall not be used as a basis to deny proposed modifications.
(2)Upon receipt of the development proponents application requesting a modification, the local government shall determine if the requested modification is consistent with the objective planning standard and either approve or deny the modification request within 60 days after submission of the modification, or within 90 days if design review is required.
(3)Notwithstanding paragraph (1), the local government may apply objective planning standards adopted after the development application was first submitted to the requested modification in any of the following instances:
(A)The development is revised such that the total number of residential units or total square footage of construction changes increases by 15 percent or more. more or the total number of residential units decreases by 15 percent or more. The calculation of the square footage of construction changes increases shall not include underground space.
(B)The development is revised such that the total number of residential units or total square footage of construction changes increases by 5 percent or more or the total number of residential units decreases by 5 percent or more and it is necessary to subject the development to an objective standard beyond those in effect when the development application was submitted in order to mitigate or avoid a specific, adverse impact, as that term is defined in subparagraph (A) of paragraph (1) of subdivision (j) of Section 65589.5, upon the public health or safety and there is no feasible alternative method to satisfactorily mitigate or avoid the adverse impact. The calculation of the square footage of construction changes increases shall not include underground space.
(C)(i)Objective building standards contained in the California Building Standards Code (Title 24 of the California Code of Regulations), including, but not limited to, building plumbing, electrical, fire, and grading codes, may be applied to all modification applications that are submitted prior to the first building permit application. Those standards may be applied to modification applications submitted after the first building permit application if agreed to by the development proponent.
(ii)The amendments made to clause (i) by the act that added clause (i) shall also be retroactively applied to modification applications submitted prior to January 1, 2022.
(4)The local governments review of a modification request pursuant to this subdivision shall be strictly limited to determining whether the modification, including any modification to previously approved density bonus concessions or waivers, modify the developments consistency with the objective planning standards and shall not reconsider prior determinations that are not affected by the modification.
(i)(1)A local government shall not adopt or impose any requirement, including, but not limited to, increased fees or inclusionary housing requirements, that applies to a project solely or partially on the basis that the project is eligible to receive ministerial or streamlined approval pursuant to this section.
(2)(A)A local government shall issue a subsequent permit required for a development approved under this section if the application substantially complies with the development as it was approved pursuant to subdivision (c). Upon receipt of an application for a subsequent permit, the local government shall process the permit without unreasonable delay and shall not impose any procedure or requirement that is not imposed on projects that are not approved pursuant to this section. The local government shall consider the application for subsequent permits based upon the objective standards specified in any state or local laws that were in effect when the original development application was submitted, unless the development proponent agrees to a change in objective standards. Issuance of subsequent permits shall implement the approved development, and review of the permit application shall not inhibit, chill, or preclude the development. For purposes of this paragraph, a subsequent permit means a permit required subsequent to receiving approval under subdivision (c), and includes, but is not limited to, demolition, grading, encroachment, and building permits and final maps, if necessary.
(B)The amendments made to subparagraph (A) by the act that added this subparagraph shall also be retroactively applied to subsequent permit applications submitted prior to January 1, 2022.
(3)(A)If a public improvement is necessary to implement a development that is subject to the streamlined, ministerial approval pursuant to this section, including, but not limited to, a bicycle lane, sidewalk or walkway, public transit stop, driveway, street paving or overlay, a curb or gutter, a modified intersection, a street sign or street light, landscape or hardscape, an above-ground or underground utility connection, a water line, fire hydrant, storm or sanitary sewer connection, retaining wall, and any related work, and that public improvement is located on land owned by the local government, to the extent that the public improvement requires approval from the local government, the local government shall not exercise its discretion over any approval relating to the public improvement in a manner that would inhibit, chill, or preclude the development.
(B)If an application for a public improvement described in subparagraph (A) is submitted to a local government, the local government shall do all of the following:
(i)Consider the application based upon any objective standards specified in any state or local laws that were in effect when the original development application was submitted.
(ii)Conduct its review and approval in the same manner as it would evaluate the public improvement if required by a project that is not eligible to receive ministerial or streamlined approval pursuant to this section.
(C)If an application for a public improvement described in subparagraph (A) is submitted to a local government, the local government shall not do either of the following:
(i)Adopt or impose any requirement 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.
(ii)Unreasonably delay in its consideration, review, or approval of the application.
(j)(1)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.
(2)This section shall not prevent a development from also qualifying as a housing development project entitled to the protections of Section 65589.5. This paragraph does not constitute a change in, but is declaratory of, existing law.
(k)The California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) does not apply to actions taken by a state agency, local government, or the San Francisco Bay Area Rapid Transit District to:
(1)Lease, convey, or encumber land owned by the local government or the San Francisco Bay Area Rapid Transit District or to facilitate the lease, conveyance, or encumbrance of land owned by the local government, or for the lease of land owned by the San Francisco Bay Area Rapid Transit District in association with an eligible TOD project, as defined pursuant to Section 29010.1 of the Public Utilities Code, nor to any decisions associated with that lease, or to provide financial assistance to a development that receives streamlined approval pursuant to this section that is to be used for housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code.
(2)Approve improvements located on land owned by the local government or the San Francisco Bay Area Rapid Transit District that are necessary to implement a development that receives streamlined approval pursuant to this section that is to be used for housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code.
(l)For purposes of establishing the total number of units in a development under this chapter, a development or development project includes both of the following:
(1)All projects developed on a site, regardless of when those developments occur.
(2)All projects developed on sites adjacent to a site developed pursuant to this chapter if, after January 1, 2023, the adjacent site had been subdivided from the site developed pursuant to this chapter.
(m)For purposes of this section, the following terms have the following meanings:
(1)Affordable housing cost has the same meaning as set forth in Section 50052.5 of the Health and Safety Code.
(2)(A)Subject to the qualification provided by subparagraphs (B) and (C), affordable rent has the same meaning as set forth in Section 50053 of the Health and Safety Code.
(B)For a development for which an application pursuant to this section was submitted prior to January 1, 2019, that includes 500 units or more of housing, and that dedicates 50 percent of the total number of units, before calculating any density bonus, to housing affordable to households making at, or below, 80 percent of the area median income, affordable rent for at least 30 percent of these units shall be set at an affordable rent as defined in subparagraph (A) and affordable rent for the remainder of these units shall mean a rent that is consistent with the maximum rent levels for a housing development that receives an allocation of state or federal low-income housing tax credits from the California Tax Credit Allocation Committee.
(C)For a development that dedicates 100 percent of units, exclusive of a managers unit or units, to lower income households, affordable rent shall mean a rent that is consistent with the maximum rent levels stipulated by the public program providing financing for the development.
(3)Department means the Department of Housing and Community Development.
(4)Development proponent means the developer who submits a housing development project application to a local government under the streamlined ministerial review process pursuant to this section.
(5)Completed entitlements means a housing development that has received all the required land use approvals or entitlements necessary for the issuance of a building permit.
(6)Health care expenditures include contributions under Section 401(a), 501(c), or 501(d) of the Internal Revenue Code and payments toward medical care, as defined in Section 213(d)(1) of the Internal Revenue Code.
(7)Housing development project has the same meaning as in Section 65589.5.
(8)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.
(9)Moderate-income housing units means housing units with an affordable housing cost or affordable rent for persons and families of moderate income, as that term is defined in Section 50093 of the Health and Safety Code.
(10)Production report means the information reported pursuant to subparagraph (H) of paragraph (2) of subdivision (a) of Section 65400.
(11)State agency includes every state office, officer, department, division, bureau, board, and commission, but does not include the California State University or the University of California.
(12)(A)Reporting period means either of the following:
(i)The first half of the regional housing needs assessment cycle.
(ii)The last half of the regional housing needs assessment cycle.
(B)Notwithstanding subparagraph (A), reporting period means annually for the City and County of San Francisco.
(13)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.
(n)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.
(o)The determination of whether an application for a development is subject to the streamlined ministerial approval process provided by subdivision (c) is not a project as defined in Section 21065 of the Public Resources Code.
(p)Notwithstanding any law, for purposes of this section and for development in compliance with the requirements of this section on property owned by or leased to the state, the Department of General Services may act in the place of a locality or local government, at the discretion of the department.
(q)(1)For developments proposed in a census tract that is designated either as a moderate resource area, low resource area, or an area of high segregation and poverty on the most recent CTCAC/HCD Opportunity Map published by the California Tax Credit Allocation Committee and the Department of Housing and Community Development, within 45 days after receiving a notice of intent, as described in subdivision (b), and before the development proponent submits an application for the proposed development that is subject to the streamlined, ministerial approval process described in subdivision (c), the local government shall provide for a public meeting to be held by the city council or county board of supervisors to provide an opportunity for the public and the local government to comment on the development.
(2)The public meeting shall be held at a regular meeting and be subject to the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5).
(3)If the development proposal is located within a city with a population of greater than 250,000 or the unincorporated area of a county with a population of greater than 250,000, the public meeting shall be held by the jurisdictions planning commission.
(4)Comments may be provided by testimony during the meeting or in writing at any time before the meeting concludes.
(5)The development proponent shall attest in writing that it attended the meeting described in paragraph (1) and reviewed the public testimony and written comments from the meeting in its application for the proposed development that is subject to the streamlined, ministerial approval process described in subdivision (c).
(6)If the local government fails to hold the hearing described in paragraph (1) within 45 days after receiving the notice of intent, the development proponent shall hold a public meeting on the proposed development before submitting an application pursuant to this section.
(r)(1)This section shall not apply to applications for developments proposed on qualified sites that are submitted on or after January 1, 2024, but before July 1, 2025.
(2)For purposes of this subdivision, qualified site means a site that meets the following requirements:
(A)The site is located within an equine or equestrian district designated by a general plan or specific or master plan, which may include a specific narrative reference to a geographically determined area or map of the same. Parcels adjoined and only separated by a street or highway shall be considered to be within an equestrian district.
(B)As of January 1, 2024, the general plan applicable to the site contains, and has contained for five or more years, an equine or equestrian district designation where the site is located.
(C)As of January 1, 2024, the equine or equestrian district applicable to the site is not zoned to include residential uses, but authorizes residential uses with a conditional use permit.
(D)The applicable local government has an adopted housing element that is compliant with applicable law.
(3)The Legislature finds and declares that the purpose of this subdivision is to allow local governments to conduct general plan updates to align their general plan with applicable zoning changes.
(s)The provisions of clause (iii) of subparagraph (E) of paragraph (8) of subdivision (a) relating to health care expenditures are distinct and severable from the remaining provisions of this section. However, the remaining portions of paragraph (8) of subdivision (a) are a material and integral part of this section and are not severable. If any provision or application of paragraph (8) of subdivision (a) is held invalid, this entire section shall be null and void.
(t)(1)The changes made to this section by the act adding this subdivision shall apply in a coastal zone, as defined in Division 20 (commencing with Section 30000) of the Public Resources Code, on and after January 1, 2025.
(2)In an area of the coastal zone not excluded under paragraph (6) of subdivision (a), a development that satisfies the requirements of subdivision (a) shall require a coastal development permit pursuant to Chapter 7 (commencing with Section 30600) of Division 20 of the Public Resources Code. A public agency with coastal development permitting authority shall approve a coastal development permit if it determines that the development is consistent with all objective standards of the local governments certified local coastal program or, for areas that are not subject to a fully certified local coastal program, the certified land use plan of that area.
(3)For purposes of this section, receipt of any density bonus, concessions, incentives, waivers or reductions of development standards, and parking ratios to which the applicant is entitled under Section 65915 shall not constitute a basis to find the project inconsistent with the local coastal program.
(u)It is the policy of the state that this section be interpreted and implemented in a manner to afford the fullest possible weight to the interest of, and the approval and provision of, increased housing supply.
(v)This section shall remain in effect only until January 1, 2036, and as of that date is repealed.
SEC. 2.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.
|
Date
|
Status
|
|---|---|
| Sep 27, 2024 | Chaptered by Secretary of State - Chapter 754, Statutes of 2024. |
| Sep 27, 2024 | Approved by the Governor. |
| Sep 6, 2024 | Enrolled and presented to the Governor at 4 p.m. |
| Aug 28, 2024 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 72. Noes 2.). |
| Aug 28, 2024 | In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 30 pursuant to Assembly Rule 77. |
| Aug 28, 2024 | Assembly Rule 77 suspended. |
| Aug 27, 2024 | Read third time. Passed. Ordered to the Assembly. (Ayes 39. Noes 0.). |
| Aug 26, 2024 | Read second time. Ordered to third reading. |
| Aug 22, 2024 | Read third time and amended. Ordered to second reading. |
| Aug 6, 2024 | Read second time. Ordered to third reading. |
| Aug 5, 2024 | From committee: Be ordered to second reading pursuant to Senate Rule 28.8. |
| Jul 1, 2024 | Read second time and amended. Re-referred to Com. on APPR. |
| Jun 27, 2024 | From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (June 26). |
| Jun 19, 2024 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on L. GOV. |
| Jun 4, 2024 | From committee: Do pass and re-refer to Com. on L. GOV. with recommendation: To Consent Calendar. (Ayes 9. Noes 0.) (June 4). Re-referred to Com. on L. GOV. |
| May 29, 2024 | Referred to Coms. on HOUSING and L. GOV. |
| May 16, 2024 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 16, 2024 | Read third time. Passed. Ordered to the Senate. (Ayes 71. Noes 0.) |
| May 9, 2024 | Read second time. Ordered to Consent Calendar. |
| May 8, 2024 | From committee: Do pass. To Consent Calendar. (Ayes 15. Noes 0.) (May 8). |
| Apr 25, 2024 | From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 8. Noes 0.) (April 24). Re-referred to Com. on APPR. |
| Apr 17, 2024 | From committee: Do pass and re-refer to Com. on L. GOV. with recommendation: To Consent Calendar. (Ayes 9. Noes 0.) (April 17). Re-referred to Com. on L. GOV. |
| Mar 21, 2024 | Referred to Coms. on H. & C.D. and L. GOV. |
| Feb 17, 2024 | From printer. May be heard in committee March 18. |
| Feb 16, 2024 | Read first time. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Aug 28, 2024 | AB 3122 Kalra Concurrence in Senate Amendments | Assembly Floor |
Passed |
|
| Aug 27, 2024 | Assembly 3rd Reading AB3122 Kalra By Wiener | Senate Floor |
Passed |
|
| Jun 26, 2024 | Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations] | Senate Standing Committee on Local Government |
Passed |
|
| Jun 4, 2024 | Do pass, but first be re-referred to the Committee on [Local Government] with the recommendation: To Consent Calendar | Senate Standing Committee on Housing |
Passed |
|
| May 16, 2024 | AB 3122 Kalra Consent Calendar Second Day Regular Session | Assembly Floor |
Passed |
|
| May 8, 2024 | Do pass. To Consent Calendar. | Assembly Standing Committee on Appropriations |
Passed |
|
| Apr 24, 2024 | Do pass and be re-referred to the Committee on [Appropriations] with recommendation: To Consent Calendar | Assembly Standing Committee on Local Government |
Passed |
|
| Apr 17, 2024 | Do pass and be re-referred to the Committee on [Local Government] with recommendation: To Consent Calendar | Assembly Standing Committee on Housing and Community Development |
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 | |
| Bay Area Council | ** Support | |
| California community builders | ** Support | |
| California Housing Consortium | * Support | Jun 26, 2024 |
| California YIMBY | ** Support | |
| CivicWell | * Support | Jun 26, 2024 |
| Housing Trust Silicon Valley | ** Support | |
| MidPen Housing | ** Support | |
| San Francisco Bay Area Planning and Urban Research Association | ** Support | |
| Sand Hill Property Company | ** Support | |
| Sandhill Properties | * Support | Jun 26, 2024 |
| Yimby Action | ** Support |
CONCURRENCE IN SENATE AMENDMENTS
CSA1 Bill Id:AB 3122
Author:(Kalra)
As Amended Ver:August 22, 2024
Majority vote
SUMMARY
Revises certain aspects of the streamlined ministerial process established by SB 423 (Wiener), Chapter 778, Statutes of 2023, including the threshold at which a local government can apply recently adopted objective planning standards when a development approved pursuant to SB 423 is modified post-entitlement.
Senate Amendments
- Clarifies that an SB 423 project application for a subdivision under the Subdivision Map Act is exempt from the California Environmental Quality Act (CEQA) if the project meets all provisions of SB 423 and all local objective standards if the project receives low income housing tax credits (LIHTC) or is located in specified infill areas.
- Establishes a lower affordability threshold (20% of the total units, before calculating any density bonus, with at least 9% affordable to households earning up to 50% of the area median income (AMI) and the rest affordable to households earning up to 80% AMI) for SB 423 projects submitted prior to January 1, 2019 that include at least 500 units of housing.
- Clarifies that all references to units affordable to very low income households (earning 0-50% AMI) includes acutely low income (0-15% AMI) and extremely low income (15-30% AMI) households.
- Establishes a 30 day planning review timeframe that local governments must follow when a development proponent submits revisions to address written feedback provided by the local government.
COMMENTS
Statewide Housing Needs: According to the Department of Housing and Community Development's (HCD's) 2022 Statewide Housing Plan Update,[1] California's housing crisis is a half century in the making. After decades of underproduction, supply is far behind need and housing and rental costs are soaring. As a result, millions of Californians must make hard decisions about paying for housing at the expense of food, health care, child care, and transportation, directly impacting quality of life in the state. One in three households in the state doesn't earn enough money to meet their basic needs. In 2023, over 181,000 Californians experienced homelessness on a given night, with a sharp increase in the number of people who became experienced homelessness for the first time.[2]
To meet this housing need, HCD determined that California must plan for more than 2.5 million new homes, and no less than one million of those homes must be affordable to lower-income households, in the 6th Regional Housing Needs Allocation (RHNA). This represents more than double the housing needed in the 5th RHNA cycle, and would require production of over 300,000 units a year, including over 120,000 units a year of housing affordable to lower income households. By contrast, housing production in the past decade has been under 100,000 units per year – including less than 10,000 units of affordable housing per year.[3]
Making it Easier to Approve Housing Projects: The local approvals process for housing developments can be arduous, unpredictable, and expensive. It often requires multiple levels of approval from local governments, and navigation of an environmental review process that greatly empowers opponents of new housing. This is often the case even when a housing project meets all of the local government's objective standards for development.
Recognizing this issue, in recent years the Legislature has passed several bills that override the local approval process for housing projects that meet objective standards. This includes Accessory Dwelling Unit Law (established in 2016 by AB 2299 (Bloom), Chapter 735, Statutes of 2016 and SB 1069 (Wieckowski), Chapter 720, Statutes of 2016, multi-family housing that complies with local zoning standards (SB 35), the allowance of duplexes and lot splits (SB 9 (Atkins), Chapter 162, Statutes of 2021), and the allowance of multi-family mixed-income housing along commercial corridors (AB 2011 (Wicks), Chapter 647, Statutes of 2022).
In 2023, SB 423 (Wiener), Chapter 778, Statutes of 2023 amended SB 35 (Wiener), Chapter 366, Statutes of 2017, to create a streamlined, ministerial local approvals process for housing development proposals in jurisdictions that have failed to produce sufficient housing to meet their RHNA. To access the by-right process, the project must meet a number of requirements, including that the development includes a percentage of affordable housing units, meets specified labor standards, is not on an environmentally sensitive site, and would not result in the demolition of existing housing. Localities are allowed to provide design review, and are allowed to apply their own objective development standards, but they must approve the development project in specified timeframes. The streamlining provisions established in SB 423 create a critical pathway for expedited housing approvals that follow clear and objective standards.
This bill would further enable SB 423 projects to move expeditiously through the approvals process by establishing a 30 day planning review timeframe that local governments must follow when a development proponent submits project revisions to address written feedback provided by the local government. Furthermore, this bill clarifies that a SB 423 project application for a subdivision pursuant to the Subdivision Map Act is exempt from CEQA if the project meets all provisions of SB 423 and local objective standards and is a project in specified infill areas or a LIHTC project.
The Need for Flexibility: Existing law requires any modifications to housing projects approved pursuant to SB 423 to be subject to the same objective standards of the original approval, with certain exemptions, including that the unit count or square footage of the approved project cannot "change" by more than 15%. If local regulations have changed from the time of initial project submittal, the 15% change threshold could constrain a developer's ability to modify their project. For example, an approved proposal to reduce square footage by more than 15% in response to market conditions could be precluded if local zoning regulations would no longer permit the uses contained in the approved project. The 15% limit also does not allow for larger increases in the unit count, which limits the ability to use some of the recent amendments to expand upon Density Bonus Law.
These limitations have affected entitled developments in the housing pipeline. Developers might need to revise their housing development proposals after initial approval for a variety of reasons, including changing market conditions, financial constraints, and unforeseen site challenges. For instance, the COVID-19 pandemic led to a significant shift in work habits, with many white-collar workers transitioning to remote or hybrid work, which in turn reduced the demand for new office space and ground floor commercial uses. Additionally, developers may encounter difficulties in completing their capital stack in a timely manner due to changes in investor sentiment, fluctuations in interest rates, or stricter lending criteria from banks, impacting overall project feasibility. It can take years for affordable housing projects relying on local, state, or federal funds to complete their capital stacks, and market conditions can change while this pursuit is underway.
Without the changes proposed in AB 3122, projects may not be able to respond to changes in the market and, as a result, may not move forward at all. With this bill, projects can be "right sized" as market conditions change and are more likely to be built. This bill would be beneficial from a housing supply perspective as well as it allows developers to increase their approved projects by more than 15% of the initially approved units without having new standards applied to their projects, so long as the total project square footage does not increase by more than 15%. This bill also lowers the affordability threshold for large projects (500 units or more) that were approved pursuant to Government Code Section 65913.4 before January 1, 2019, in order to increase their financial feasibility.
As with the creation of any new program, the Legislature did not anticipate all scenarios that could arise with the implementation of SB 35, and subsequent amendments in SB 423. However, the Legislature intended for the provisions of SB 423 to help ensure that projects contemplated by the law were approved to help build affordable housing. AB 3122 is well aligned with that stated intent.
According to the Author
"Housing developers have experienced challenges with the changing market trends, such as less demand for office space or increasing cost of construction. Clarifying the 15% threshold in SB 35 will allow projects to reduce the size of their project or to increase the residential units. During a time when California is facing a housing crisis, and cities and counties must build housing to meet the growing population, so modifying the 15% threshold, will give projects the flexibility to make those changes needed to respond to the changing market conditions. AB 3122 will help these housing projects move forward and ensure these developments are successful and can provide the housing our cities and counties need."
Arguments in Support
According to the sponsor SPUR, and other members of the California Home Building Alliance, AB 3122 "will allow for streamlined housing production in California in counties and cities that are not building enough housing to keep up with state housing construction requirements. The bill amends the 2017 statute in SB 35 to adjust the 15 and five percent thresholds on projects being revised after approval without being subject to local objective planning standards. In turn, this will enable project size to be rationalized by excluding or reducing non-residential components.
This bill will fix a scenario the Legislature did not account for with the implementation of SB 35. It will provide much needed clarification to the SB 35 application process by modifying the 15 percent and five percent threshold in existing law. This will enable approved housing projects to increase square footage for construction or allow residential units to not be subjected to local government objective planning standards."
Arguments in Opposition
None on file.
FISCAL COMMENTS
None.
VOTES:
ASM HOUSING AND COMMUNITY DEVELOPMENT: 9-0-0
YES: Ward, Joe Patterson, Grayson, Kalra, Lee, Quirk-Silva, Reyes, Sanchez, Wilson
ASM LOCAL GOVERNMENT: 8-0-1
YES: Juan Carrillo, Waldron, Valencia, Kalra, Pacheco, Ramos, Ward, Wilson
ABS, ABST OR NV: Essayli
ASM APPROPRIATIONS: 15-0-0
YES: Wicks, Sanchez, Arambula, Bryan, Calderon, Wendy Carrillo, Dixon, Mike Fong, Friedman, Haney, Hart, Jim Patterson, Pellerin, Ta, Villapudua
ASSEMBLY FLOOR: 71-0-9
YES: Aguiar-Curry, Alanis, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Chen, Connolly, Davies, Dixon, Essayli, Mike Fong, Friedman, Gabriel, Gallagher, Garcia, Grayson, Haney, Hart, Holden, Hoover, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Luz Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Robert Rivas
ABS, ABST OR NV: Addis, Alvarez, Cervantes, Megan Dahle, Flora, Vince Fong, Gipson, Irwin, Mathis
SENATE FLOOR: 39-0-1
YES: Allen, Alvarado-Gil, Archuleta, Ashby, Atkins, Becker, Blakespear, Bradford, Caballero, Cortese, Dahle, Dodd, Durazo, Eggman, Glazer, Gonzalez, Grove, Hurtado, Jones, Laird, McGuire, Menjivar, Min, Newman, Nguyen, Niello, Ochoa Bogh, Padilla, Portantino, Roth, Rubio, Seyarto, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener, Wilk
ABS, ABST OR NV: Limón
UPDATED
VERSION: August 22, 2024
CONSULTANT: Dori Ganetsos / H. & C.D. / (916) 319-2085 FN: 0004776
California Department of Housing and Community Development, A Home for Every Californian: 2022 Statewide Housing Plan. March 2022, https://storymaps.arcgis.com/stories/94729ab1648d43b1811c1698a748c136 ↑
U.S. Department of Housing and Urban Development, Point in Time Counts. https://www.huduser.gov/portal/datasets/ahar/2023-ahar-part-1-pit-estimates-of-homelessness-in-the-us.html ↑
https://www.hcd.ca.gov/policy-research/housing-challenges.shtml ↑
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB 3122 |
THIRD READING
Bill No: AB 3122
Author: Kalra (D)
Amended: 8/22/24 in Senate
Vote: 21
SENATE HOUSING COMMITTEE: 9-0, 6/4/24
AYES: Skinner, Ochoa Bogh, Blakespear, Caballero, Cortese, Menjivar, Seyarto, Umberg, Wahab
NO VOTE RECORDED: Padilla
SENATE LOCAL GOVERNMENT COMMITTEE: 7-0, 6/26/24
AYES: Durazo, Seyarto, Dahle, Glazer, Skinner, Wahab, Wiener
SENATE APPRORPRIATIONS COMMITTEE: Senate Rule 28.8
ASSEMBLY FLOOR: 71-0, 5/16/24 (Consent) - See last page for vote
SUBJECT: Streamlined housing approvals: objective planning standards and subdivision applications
SOURCE: Author
DIGEST:
This bill clarifies the threshold at which a local government can apply recently adopted objective planning standards when a development approved under the streamlined ministerial process established by SB 35 (Wiener, Chapter 366, Statutes of 2017) is modified by the development proponent and makes other changes to SB 35.
Senate Floor Amendments of 8/22/24 (1) authorize projects with at least 500 units to receive SB 35 streamlining if they dedicate 20% of the units, with at least 9% of affordable to households making at or below 50% AMI and the reminder making at or below 80% AMI, (2) clarify that very low-income units also include acutely low- and extremely low- income units, and (3) make technical changes.
ANALYSIS:
Existing law:
- Allows a development proponent to submit an application for a development that is subject to the streamlined, ministerial approval process, and not subject to a conditional use permit (hereinafter referred to as “SB 35 streamlining”) if the development contains two or more residential units and satisfies specified objective standards.
- Specifies the process for approval by a local government of the proposed project, including that:
- If a local government determines that a development submitted pursuant to the bill’s provisions is in conflict with any objective planning standards, it must provide the development proponent written documentation within specified timeframes of which standards the development conflicts with, and what the conflict is.
- Design review or public oversight must 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.
- Design review or public oversight must be completed in a specified timeframe, and must not in any way inhibit, chill, or preclude the ministerial approval provided by this section or its effect, as applicable.
- The development proponent may request modifications to a development approved under SB 35 if the request is submitted to the local government before the local government issues the final building permit required for construction.
- The local government’s review of any modification requests must follow established timeframes and requirements, including that the local government can only apply objective planning standards adopted after the development application was first submitted if the requested modification:
- Changes the total number of residential units or square footage by 15% or more, exclusive of any underground space; or
- Changes the total number of residential units or square footage by 5% or more, exclusive of any underground space, and the local government deems it necessary to subject the development to new standards that were not in effect when the development was first proposed to reduce a specific harm to public health or safety, with no feasible alternative method to mitigate the adverse impact.
This bill:
- Authorizes a local government to apply objective planning standards adopted after an approved SB 35 development application was first submitted when a developer requests to modify the project in the following ways:
- The total square footage of the development increases by 15% or more, exclusive of underground space, or the total number of units decreases by 15% or more; or,
- The total square footage of the development increases by 5% or more, exclusive of underground space, or the total number of units decreases by 5% or more, and the local government deems it necessary to subject the development to new standards that were not in effect when the development was first proposed to reduce a specific harm to public health or safety, with no feasible alternative method to mitigate the adverse impact.
- Provides that, for a project application that includes at least 500 units of housing submitted prior to January 1, 2019, the project must only include 20 percent affordable units, with at least 9% affordable to very-low income, and the remainder affordable to lower-income households.
- Clarifies that an SB 35 project application for a subdivision pursuant to the Subdivision Map Act shall be exempt from the California Environmental Quality Act if the project meets all provisions of SB 35 and local objective standards and is a project that receives a low income housing tax credit and located in specified infill areas.
- Authorizes projects with at least 500 units to receive SB 35 streamlining if they dedicate 20% of the units, with at least 9% of affordable to households making at or below 50% AMI and the reminder making at or below 80% AMI.
- Clarifies that very low-income units also include acutely low- and extremely low- income units.
Background
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. 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 review under the California Environmental Quality Act (CEQA), while projects permitted ministerially generally are not.
In addition to bypassing the CEQA process and the potential for litigation, housing streamlining provides more certainty as to what is required for permitting approval, and generally also requires approval within specified timelines. This certainty and shortened approval timelines are particularly beneficial to affordable housing developers seeking funding from multiple federal, state, and local public funding sources. Additionally, this certainty provides more opportunities for multifamily developers to build in jurisdictions that are not housing friendly. Some local governments have intentionally made entitlement and permitting onerous to such a degree that developers – and in particular affordable housing developers – have avoided working in those jurisdictions altogether. Longer, uncertain permitting situations are risky for developers, and could kill projects all together. Streamlining unlocks more land opportunities, particularly in higher-resource, unfriendly housing cities.
SB 35 (Wiener, Chapter 366, Statutes of 2017). In 2017, SB 35 created 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. 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 including that the development is not on an environmentally sensitive site or would result in the demolition of housing that has been rented out in the last ten years. Localities must provide written documentation to the developer if there is a failure to meet the specifications for streamlined approval, within specified a period of time. If the locality does not meet those deadlines, the development shall be deemed to satisfy the requirements for streamlined approval and must be approved by right.
According to data provided by local governments in their annual progress reports (APRs) between 2018 and 2021[1] statewide, SB 35 has resulted in 19,239 units, 60% of which are affordable to lower-income households. This is likely an undercount, as some cities have shared with the author and committee that more projects have been approved than the Department of Housing and Community Development has data. For example, San Francisco has received 26 total SB 35 project applications, for a total of 3,404 units, 2,970 of which are affordable. The Senate Housing Committee received examples from a regional affordable housing group that their members experienced reduced approval timelines between six and 24 months, depending on the jurisdiction. Clear timelines for affordable housing permitting is particularly critical as affordable developers often require between eight and 12 different sources of funding to make an affordable housing development pencil financially, and any delays risk the loss of available public funds with varying and rapid deadlines. Last year, the Governor signed SB 423 (Wiener, Chapter 778, Statutes of 2023), which: (a) extended the sunset date on SB 35 to January 1, 2036; (b) authorized streamlined approval in the coastal zone except in areas that are environmentally sensitive or hazardous, as specified; (c) revised the labor standards; and (d) required specified projects to provide at least 10% of the units affordable to very low-income households.
Comments
- Author’s statement. “Housing developers have experienced challenges with the changing market trends, such as less demand for office space or increasing cost of construction. Modifying the 15% threshold in SB 35 will give projects the flexibility to reduce the size of their project to better respond to market needs or increase the unit count to take advantage of the state density bonus law. California is facing a housing crisis and we must continue to build the much-needed housing. AB 3122 will help these projects move forward and ensure these developments are successful and can provide the housing our cities and counties need.”
- Modifications to modifications provisions. As housing projects evolve, developers sometimes need to make modifications to projects. This is because residential projects by their nature are complex and, for example, can involve building out lobbies, corridors, back of house spaces, storage, parking, amenity facilities, and outdoor areas, in addition to the units themselves. Many of these cannot be figured out until the completion of the design for the project for the building permit and final applications.
SB 35 allows any modifications to housing projects approved for streamlined approval to be subject to the same objective standards of the original approval, with certain exemptions, including that the unit count or square footage of the approved project cannot “change” by more than 15%. If local regulations have changed from the time of initial project submittal, the 15% change threshold could constrain a developer’s ability to modify their project. For example, an approved proposal to reduce square footage by more than 15% in response to market conditions could be precluded if local zoning regulations would no longer permit the uses contained in the approved project. The 15% limit also does not allow for larger increases in the unit count, which limits the ability to use some of the recent amendments to expand upon Density Bonus Law.
According to the supporters, these limitations have affected entitled developments in the housing pipeline. Developers might need to revise their housing development proposals after initial approval for a variety of reasons, including changing market conditions, financial constraints, and unforeseen site challenges. Developers may encounter difficulties in completing their capital stack in a timely manner due to changes in investor sentiment, fluctuations in interest rates or insurance coverage, or stricter lending criteria from banks, impacting overall project feasibility. It can take years for affordable housing projects relying on local, state, or federal funds to complete their capital stacks, and market conditions can change while this pursuit is underway. According to the author, this bill will allow projects to adjust as market conditions change and lead to a greater likelihood of development.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
SUPPORT: (Verified 8/5/24)
Abundant Housing LA
Bay Area Council
California Community Builders
California YIMBY
Housing Trust Silicon Valley
Midpen Housing
San Francisco Bay Area Planning and Urban Research Association
Sand Hill Property Company
YIMBY Action
OPPOSITION: (Verified 8/5/24)
None received
ASSEMBLY FLOOR: 71-0, 5/16/24
AYES: Aguiar-Curry, Alanis, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Chen, Connolly, Davies, Dixon, Essayli, Mike Fong, Friedman, Gabriel, Gallagher, Garcia, Grayson, Haney, Hart, Holden, Hoover, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Luz Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Robert Rivas
NO VOTE RECORDED: Addis, Alvarez, Cervantes, Megan Dahle, Flora, Vince Fong, Gipson, Irwin, Mathis
Prepared by: Alison Hughes / HOUSING / (916) 651-4124
8/23/24 21:36:36
**** END ****
2022 APRs are not due to HCD until April 1, 2023, so 2022 data is not yet available. ↑
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB 3122 |
THIRD READING
Bill No: AB 3122
Author: Kalra (D)
Amended: 7/1/24 in Senate
Vote: 21
SENATE HOUSING COMMITTEE: 9-0, 6/4/24
AYES: Skinner, Ochoa Bogh, Blakespear, Caballero, Cortese, Menjivar, Seyarto, Umberg, Wahab
NO VOTE RECORDED: Padilla
SENATE LOCAL GOVERNMENT COMMITTEE: 7-0, 6/26/24
AYES: Durazo, Seyarto, Dahle, Glazer, Skinner, Wahab, Wiener
SENATE APPRORPRIATIONS COMMITTEE: Senate Rule 28.8
ASSEMBLY FLOOR: 71-0, 5/16/24 (Consent) - See last page for vote
SUBJECT: Streamlined housing approvals: objective planning standards and subdivision applications
SOURCE: Author
DIGEST:
This bill clarifies the threshold at which a local government can apply recently adopted objective planning standards when a development approved under the streamlined ministerial process established by SB 35 (Wiener, Chapter 366, Statutes of 2017) is modified by the development proponent and makes other changes to SB 35.
ANALYSIS:
Existing law:
- Allows a development proponent to submit an application for a development that is subject to the streamlined, ministerial approval process, and not subject to a conditional use permit (hereinafter referred to as “SB 35 streamlining”) if the development contains two or more residential units and satisfies specified objective standards.
- Specifies the process for approval by a local government of the proposed project, including that:
- If a local government determines that a development submitted pursuant to the bill’s provisions is in conflict with any objective planning standards, it must provide the development proponent written documentation within specified timeframes of which standards the development conflicts with, and what the conflict is.
- Design review or public oversight must 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.
- Design review or public oversight must be completed in a specified timeframe, and must not in any way inhibit, chill, or preclude the ministerial approval provided by this section or its effect, as applicable.
- The development proponent may request modifications to a development approved under SB 35 if the request is submitted to the local government before the local government issues the final building permit required for construction.
- The local government’s review of any modification requests must follow established timeframes and requirements, including that the local government can only apply objective planning standards adopted after the development application was first submitted if the requested modification:
- Changes the total number of residential units or square footage by 15% or more, exclusive of any underground space; or
- Changes the total number of residential units or square footage by 5% or more, exclusive of any underground space, and the local government deems it necessary to subject the development to new standards that were not in effect when the development was first proposed to reduce a specific harm to public health or safety, with no feasible alternative method to mitigate the adverse impact.
This bill:
- Authorizes a local government to apply objective planning standards adopted after an approved SB 35 development application was first submitted when a developer requests to modify the project in the following ways:
- The total square footage of the development increases by 15% or more, exclusive of underground space, or the total number of units decreases by 15% or more; or,
- The total square footage of the development increases by 5% or more, exclusive of underground space, or the total number of units decreases by 5% or more, and the local government deems it necessary to subject the development to new standards that were not in effect when the development was first proposed to reduce a specific harm to public health or safety, with no feasible alternative method to mitigate the adverse impact.
- Provides that, for a project application that includes at least 500 units of housing submitted prior to January 1, 2019, the project must only include 20 percent affordable units, with at least 9% affordable to very-low income, and the remainder affordable to lower-income households.
- Clarifies that an SB 35 project application for a subdivision pursuant to the Subdivision Map Act shall be exempt from the California Environmental Quality Act if the project meets all provisions of SB 35 and local objective standards and is a project that receives a low income housing tax credit and located in specified infill areas.
Background
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. 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 review under the California Environmental Quality Act (CEQA), while projects permitted ministerially generally are not.
In addition to bypassing the CEQA process and the potential for litigation, housing streamlining provides more certainty as to what is required for permitting approval, and generally also requires approval within specified timelines. This certainty and shortened approval timelines are particularly beneficial to affordable housing developers seeking funding from multiple federal, state, and local public funding sources. Additionally, this certainty provides more opportunities for multifamily developers to build in jurisdictions that are not housing friendly. Some local governments have intentionally made entitlement and permitting onerous to such a degree that developers – and in particular affordable housing developers – have avoided working in those jurisdictions altogether. Longer, uncertain permitting situations are risky for developers, and could kill projects all together. Streamlining unlocks more land opportunities, particularly in higher-resource, unfriendly housing cities.
SB 35 (Wiener, Chapter 366, Statutes of 2017). In 2017, SB 35 created 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. 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 including that the development is not on an environmentally sensitive site or would result in the demolition of housing that has been rented out in the last ten years. Localities must provide written documentation to the developer if there is a failure to meet the specifications for streamlined approval, within specified a period of time. If the locality does not meet those deadlines, the development shall be deemed to satisfy the requirements for streamlined approval and must be approved by right.
According to data provided by local governments in their annual progress reports (APRs) between 2018 and 2021[1] statewide, SB 35 has resulted in 19,239 units, 60% of which are affordable to lower-income households. This is likely an undercount, as some cities have shared with the author and committee that more projects have been approved than the Department of Housing and Community Development has data. For example, San Francisco has received 26 total SB 35 project applications, for a total of 3,404 units, 2,970 of which are affordable. The Senate Housing Committee received examples from a regional affordable housing group that their members experienced reduced approval timelines between six and 24 months, depending on the jurisdiction. Clear timelines for affordable housing permitting is particularly critical as affordable developers often require between eight and 12 different sources of funding to make an affordable housing development pencil financially, and any delays risk the loss of available public funds with varying and rapid deadlines. Last year, the Governor signed SB 423 (Wiener, Chapter 778, Statutes of 2023), which: (1) extended the sunset date on SB 35 to January 1, 2036; (2) authorized streamlined approval in the coastal zone except in areas that are environmentally sensitive or hazardous, as specified; (3) revised the labor standards; and (4) required specified projects to provide at least 10% of the units affordable to very low-income households.
Comments
- Author’s statement. “Housing developers have experienced challenges with the changing market trends, such as less demand for office space or increasing cost of construction. Modifying the 15% threshold in SB 35 will give projects the flexibility to reduce the size of their project to better respond to market needs or increase the unit count to take advantage of the state density bonus law. California is facing a housing crisis and we must continue to build the much-needed housing. AB 3122 will help these projects move forward and ensure these developments are successful and can provide the housing our cities and counties need.”
- Modifications to modifications provisions. As housing projects evolve, developers sometimes need to make modifications to projects. This is because residential projects by their nature are complex and, for example, can involve building out lobbies, corridors, back of house spaces, storage, parking, amenity facilities, and outdoor areas, in addition to the units themselves. Many of these cannot be figured out until the completion of the design for the project for the building permit and final applications.
SB 35 allows any modifications to housing projects approved for streamlined approval to be subject to the same objective standards of the original approval, with certain exemptions, including that the unit count or square footage of the approved project cannot “change” by more than 15%. If local regulations have changed from the time of initial project submittal, the 15% change threshold could constrain a developer’s ability to modify their project. For example, an approved proposal to reduce square footage by more than 15% in response to market conditions could be precluded if local zoning regulations would no longer permit the uses contained in the approved project. The 15% limit also does not allow for larger increases in the unit count, which limits the ability to use some of the recent amendments to expand upon Density Bonus Law.
According to the supporters, these limitations have affected entitled developments in the housing pipeline. Developers might need to revise their housing development proposals after initial approval for a variety of reasons, including changing market conditions, financial constraints, and unforeseen site challenges. Developers may encounter difficulties in completing their capital stack in a timely manner due to changes in investor sentiment, fluctuations in interest rates or insurance coverage, or stricter lending criteria from banks, impacting overall project feasibility. It can take years for affordable housing projects relying on local, state, or federal funds to complete their capital stacks, and market conditions can change while this pursuit is underway.
According to the author, this bill will allow projects to adjust as market conditions change and lead to a greater likelihood of development.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
SUPPORT: (Verified 8/5/24)
Abundant Housing LA
Bay Area Council
California Community Builders
California YIMBY
Housing Trust Silicon Valley
Midpen Housing
San Francisco Bay Area Planning and Urban Research Association
Sand Hill Property Company
YIMBY Action
OPPOSITION: (Verified 8/5/24)
None received
ASSEMBLY FLOOR: 71-0, 5/16/24
AYES: Aguiar-Curry, Alanis, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Chen, Connolly, Davies, Dixon, Essayli, Mike Fong, Friedman, Gabriel, Gallagher, Garcia, Grayson, Haney, Hart, Holden, Hoover, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Luz Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Robert Rivas
NO VOTE RECORDED: Addis, Alvarez, Cervantes, Megan Dahle, Flora, Vince Fong, Gipson, Irwin, Mathis
Prepared by: Alison Hughes / HOUSING / (916) 651-4124
8/6/24 16:19:16
**** END ****
2022 APRs are not due to HCD until April 1, 2023, so 2022 data is not yet available. ↑
SENATE COMMITTEE ON LOCAL GOVERNMENT
Senator María Elena Durazo, Chair
2023 - 2024 Regular
Bill No: | AB 3122 | Hearing Date: | 6/26/24 |
Author: | Kalra | Fiscal: | Yes |
Version: | 6/19/24 | Consultant: | Favorini-Csorba |
Streamlined housing approvals: objective planning standards
Allows modifications to SB 35 projects without triggering new standards that increase the number of units, so long as the square footage of the development doesn’t increase by more than 15 percent, and makes other changes.
Background
Planning and approving new housing is mainly a local responsibility. The California Constitution allows cities and counties 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 cities and counties derive their authority to regulate behavior to preserve the health, safety, and welfare of the public—including land use authority.
Planning and Zoning Law. State law provides additional powers and duties for cities and counties regarding land use. 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 specified 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. Cities and counties must provide a path to appeal a decision to the planning commission and/or the city council or county board of supervisors.
Zoning and approval processes. Local governments use their police power to enact zoning ordinances that shape development, such as setting maximum heights and densities for housing units, minimum numbers of required parking spaces, setbacks to preserve privacy, lot coverage ratios to increase open space, and others. These ordinances can also include conditions on development to address aesthetics, community impacts, or other particular site-specific considerations.
Local governments have broad authority to define the specific approval processes needed to satisfy these considerations. Some housing projects can be permitted by city or county planning staff “ministerially” or without further approval from elected officials, but most large housing projects require “discretionary” approvals from local governments, such as a conditional use permit or a change in zoning laws. This process requires hearings by the local planning commission and public notice and may require additional approvals.
SB 35 (Wiener, 2017). In 2017, the Legislature enacted a substantial package of legislation aimed at addressing the state’s housing crisis. Among others, the Legislature enacted SB 35 (Wiener) to provide for a streamlined, ministerial process for approving housing developments that are in compliance with the applicable objective local planning standards—including the general plan, zoning ordinances, and objective design review standards. SB 35 was intended to enable developments that face local opposition, but are consistent with local objective development standards, to be constructed. Last year, the Legislature updated SB 35 with numerous changes intended to increase the use of SB 35 by developers (SB 423, Wiener, 2023).
To be eligible for streamlining under SB 35, a specified percentage of the total housing units in the development must be affordable if the locality has not issued building permits for enough above moderate-income—greater than 120 percent of area median income (AMI)—units to meet their regional housing needs allocation (RHNA) requirement, as follows:
- For a rental project, 10 percent affordable to very low-income households (50 percent of the AMI or below;
- For a for-sale project, 10 percent affordable to lower-income households (80 percent of AMI); or
- If a project is located within the nine-county Bay Area, the project may instead include 20 percent of the units affordable to moderate income households making up to 100 percent AMI).
If the locality has not issued building permits for enough lower-income units to meet its RHNA requirement, the project must include 50 percent affordable to lower-income households, and the developer may choose the 10 percent requirement or 50% requirement if the locality has not met any of its RHNA targets. A project must also include the percentage in a local inclusionary zoning ordinance if it is higher than the requirements above.
All but 42 cities and counties in California are subject to some streamlining under SB 35 because they have not issued building permits to housing units sufficient to meet their RHNA at one or more income levels.
SB 35 includes certain requirements for labor standards. Specifically, prevailing wages must be paid, and for projects over 50 units, specified healthcare benefits must be paid. Projects that are taller than 85 feet above grade must use a skilled and trained workforce. However, SB 35 exempts projects of 10 housing units or less from the affordability requirements and labor standards.
SB 35 excludes a variety of types of lands from its provisions, on the basis that because SB 35 approvals are ministerial and therefore not subject to the California Environmental Quality Act (CEQA). These lands include:
- Specified parts of the Coastal Zone;
- Prime farmland or farmland of statewide importance;
- Wetlands;
- Very high fire hazard severity zones, unless the development complies with all state mitigation measures;
- Hazardous waste sites, unless the sites have been cleared by specified state agencies for residential or mixed uses;
- Fault zones;
- Certain flood hazard areas and floodways; and
- Certain types of habitat or land for conservation.
SB 35 sunsets on January 1, 2036.
Modifications under SB 35. Modifications to projects subject to SB 35’s streamlined approval are subject to the same objective standards of the original approval provided they don’t change the unit count or square footage by more than 15 percent, unless otherwise specified. If the project changes by more than those thresholds, a local government may impose new objective standards on the project. Additionally, a local agency can impose new standards to address a specific, adverse impact to health and safety if the project changes by 5 percent or more.
The author wants to allow additional changes to projects without subjecting them to new objective standards, and make other changes.
Proposed Law
AB 3122 allows a local government to only apply objective planning standards adopted after an approved SB 35 development application was first submitted when a developer requests to modify the project in the following ways:
- The total square footage of the development increases by 15 percent or more or the total number of units decreases by 15 percent or more; or
- The total square footage of the development increases by 5 percent or more or the total number of units decreases by 5 percent or more, and the local government deems it necessary to subject the development to new standards that were not in effect when the development was first proposed to reduce a specific, adverse impact to public health or safety.
AB 3122 also provides that, for a project application that includes at least 500 units of housing submitted prior to January 1, 2019, the project must only include 20 percent affordable units, with at least 9 percent affordable to very-low income, and the remainder affordable to lower-income households.
AB 3122 also makes technical changes.
Comments
1. Purpose of the bill. According to the author, “Housing developers have experienced challenges with the changing market trends, such as less demand for office space or increasing cost of construction. Modifying the 15% threshold in SB 35 will give projects the flexibility to reduce the size of their project to better respond to market needs or increase the unit count to take advantage of the state density bonus law. California is facing a housing crisis and we must continue to build the much-needed housing. AB 3122 will help these projects move forward and ensure these developments are successful and can provide the housing our cities and counties need.”
2. Old rules, new impacts. Some developers argue the existing provisions in law for modifications are too restrictive. They say that they might need to revise their housing development proposals after initial approval for a variety of reasons, including changing market conditions, financial constraints, and unforeseen site challenges. Developers may encounter difficulties in securing financing in a timely manner due to changes in investor sentiment, fluctuations in interest rates or insurance coverage, or stricter lending criteria from banks, impacting overall project feasibility. For example, as commercial vacancy rates have increased, adding new commercial space in a development may not deliver the value needed to make a project economically feasible, so a developer may need to shift to more residential units. Developers are concerned that if local governments can apply updated objective standards, that may slow or halt projects. AB 3122 allows developers to add more units to projects so long as the square footage doesn’t increase by more than 15 percent. However, this provision allows many new units to be included in SB 35 developments without the ability to impose updated standards local agencies find are necessary to protect the public health, safety, or welfare. Those standards might include updated mitigation measures for the development’s impacts, or measures intended to reduce harms from nearby uses on the developments occupants. Should the need for new units override the ability of local governments to impose updated objective standards?
3. The never ending story. The Legislature has enacted numerous measures in recent years to address challenges that various projects have encountered in gaining SB 35 approvals, including:
- SB 765 (Wiener, 2018), which changed the treatment of proposed subdivisions under SB 35, among other changes;
- AB 1485 (Wicks, 2019), which allowed housing projects in the Bay Area to qualify for SB 35 by including 20 percent moderate-income units, among other changes;
- AB 168 (Aguiar-Curry, 2020), which added a process to SB 35 for determining if a project would affect tribal cultural resources. This process includes a consultation between the California Native American Tribes traditionally affiliated with the project area and the relevant local government to identify tribal cultural resources and agree upon mitigation measures needed to preserve them;
- AB 831 (Grayson, 2020), which prohibited unreasonable delay by local governments in issuing subsequent permits for SB 35 projects, among other changes;
- AB 1174 (Grayson, 2021), which extended the validity of SB 35 approvals under certain conditions and made other changes;
- AB 2668 (Grayson, 2022), which made numerous changes to the SB 35 approval process; and
- SB 423 (Wiener, 2023), which revised the labor standards under SB 35, modified some affordability requirements, expanded its application to parts of the Coastal Zone, and extended the sunset to January 1, 2036.
Local governments may struggle to keep pace with the rapidly changing requirements in SB 35. Should the Legislature give local agencies additional time to get up to speed on the current requirements under SB 35 before making additional changes?
4. Mandate. The California Constitution requires the state to reimburse local governments for the costs of new or expanded state mandated local programs. Because AB 3122 imposes new duties on local officials, Legislative Counsel says that it imposes a new state mandate. AB 3122 disclaims the state's responsibility for providing reimbursement by citing local governments’ authority to charge for the costs of implementing the bill’s provisions.
5. Incoming! The Senate Housing Committee approved AB 3122 at its June 18th hearing on a vote of 9-0. The Senate Local Government Committee is hearing the bill as the Committee of second reference.
Assembly Actions
Assembly Housing and Community Development Committee: 9-0
Assembly Local Government Committee: 8-0
Assembly Appropriations Committee: 15-0
Assembly Floor: 71-0
Support and Opposition
(6/21/24)
Support: SPUR (sponsor)
Abundant Housing LA
Bay Area Council
California Apartment Association
California Community Builders
California Yimby
Civicwell
Housing Trust Silicon Valley
Midpen Housing
Sand Hill Property Company
Yimby Action
Opposition: None submitted.
-- END --
SENATE COMMITTEE ON HOUSING
Senator Nancy Skinner, Chair
2023 - 2024 Regular
Bill No: AB 3122 Hearing Date: 6/4/2024
Author: | Kalra | ||
Version: | 2/16/2024 Introduced | ||
Urgency: | No | Fiscal: | Yes |
Consultant: | Alison Hughes | ||
SUBJECT: Streamlined housing approvals: objective planning standards
DIGEST: This bill clarifies the threshold at which a local government can apply recently adopted objective planning standards when a development approved under the streamlined ministerial process established by SB 35 (Wiener, Chapter 366, Statutes of 2017) is modified by the development proponent.
ANALYSIS:
Existing law, under SB 35 (Wiener, 2017):
- Allows a development proponent to submit an application for a development that is subject to the streamlined, ministerial approval process, and not subject to a conditional use permit (hereinafter referred to as “SB 35 streamlining”) if the development contains two or more residential units and satisfies specified objective standards.
- Specifies the process for approval by a local government of the proposed project, including that:
- If a local government determines that a development submitted pursuant to the bill’s provisions is in conflict with any objective planning standards, it must provide the development proponent written documentation within specified timeframes of which standards the development conflicts with, and what the conflict is.
- Design review or public oversight must 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.
- Design review or public oversight must be completed in a specified timeframe, and must not in any way inhibit, chill, or preclude the ministerial approval provided by this section or its effect, as applicable.
- The development proponent may request modifications to a development approved under SB 35 if the request is submitted to the local government before the local government issues the final building permit required for construction.
- The local government’s review of any modification requests must follow established timeframes and requirements, including that the local government can only apply objective planning standards adopted after the development application was first submitted if the requested modification:
- Changes the total number of residential units or square footage by 15% or more, exclusive of any underground space; or
- Changes the total number of residential units or square footage by 5% or more, exclusive of any underground space, and the local government deems it necessary to subject the development to new standards that were not in effect when the development was first proposed to reduce a specific harm to public health or safety, with no feasible alternative method to mitigate the adverse impact.
This bill:
- Authorizes a local government to apply objective planning standards adopted after an approved SB 35 development application was first submitted when a developer requests to modify the project in the following ways:
- The total square footage of the development increases by 15% or more, exclusive of underground space, or the total number of units decreases by 15% or more; or,
- The total square footage of the development increases by 5% or more, exclusive of underground space, or the total number of units decreases by 5% or more, and the local government deems it necessary to subject the development to new standards that were not in effect when the development was first proposed to reduce a specific harm to public health or safety, with no feasible alternative method to mitigate the adverse impact.
COMMENTS:
- Author’s statement. “Housing developers have experienced challenges with the changing market trends, such as less demand for office space or increasing cost of construction. Modifying the 15% threshold in SB 35 will give projects the flexibility to reduce the size of their project to better respond to market needs or increase the unit count to take advantage of the state density bonus law. California is facing a housing crisis and we must continue to build the much-needed housing. AB 3122 will help these projects move forward and ensure these developments are successful and can provide the housing our cities and counties need.”
- 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. 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, which are allocated through the regional housing needs allocation (RHNA) process. 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.
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 review under the California Environmental Quality Act (CEQA), while projects permitted ministerially generally are not.
In addition to bypassing the CEQA process and the potential for litigation, housing streamlining provides more certainty as to what is required for permitting approval, and generally also requires approval within specified timelines. This certainty and shortened approval timelines are particularly beneficial to affordable housing developers seeking funding from multiple federal, state, and local public funding sources. Additionally, this certainty provides more opportunities for multifamily developers to build in jurisdictions that are not housing friendly. Some local governments have intentionally made entitlement and permitting onerous to such a degree that developers – and in particular affordable housing developers – have avoided working in those jurisdictions altogether. Longer, uncertain permitting situations are risky for developers, and could kill projects all together. Streamlining unlocks more land opportunities, particularly in higher-resource, unfriendly housing cities.
- SB 35 (Wiener, 2017). In 2017, SB 35 (Wiener) created 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. 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 including that the development is not on an environmentally sensitive site or would result in the demolition of housing that has been rented out in the last ten years. Localities must provide written documentation to the developer if there is a failure to meet the specifications for streamlined approval, within specified a period of time. If the locality does not meet those deadlines, the development shall be deemed to satisfy the requirements for streamlined approval and must be approved by right.
According to data provided by local governments in their annual progress reports (APRs) between 2018 and 2021[1] statewide, SB 35 has resulted in 19,239 units, 60% of which are affordable to lower-income households. This is likely an undercount, as some cities have shared with the author and committee that more projects have been approved than HCD has data. For example, San Francisco has received 26 total SB 35 project applications, for a total of 3,404 units, 2,970 of which are affordable. One affordable housing developer, Related, testified in a joint oversight hearing of the Senate Housing Committee and Assembly Housing and Community Development Committee on February 28, 2023 that they have entitled 818 units in seven projects, with another 1176 in process — some just months away. In the same hearing, a representative of San Francisco testified that SB 35 has reduced housing permitting times in San Francisco by four (three to six months versus 18-24 months). The Senate Housing Committee received examples from a regional affordable housing group that their members experienced reduced approval timelines between six and 24 months, depending on the jurisdiction. Clear timelines for affordable housing permitting is particularly critical as affordable developers often require between eight and 12 different sources of funding to make an affordable housing development pencil financially, and any delays risk the loss of available public funds with varying and rapid deadlines.
Last year, the Governor signed SB 423 (Wiener, Chapter 778, Statutes of 2023), which: (1) extended the sunset date on SB 35 to January 1, 2036; (2) authorized streamlined approval in the coastal zone except in areas that are environmentally sensitive or hazardous, as specified; (3) revised the labor standards; and (4) required specified projects to provide at least 10% of the units affordable to very low-income households.
- Modifications to modifications provisions. As housing projects evolve, developers sometimes need to make modifications to projects. This is because residential projects by their nature are complex and, for example, can involve building out lobbies, corridors, back of house spaces, storage, parking, amenity facilities, and outdoor areas, in addition to the units themselves. Many of these cannot be figured out until the completion of the design for the project for the building permit and final applications.
SB 35 allows any modifications to housing projects approved for streamlined approval to be subject to the same objective standards of the original approval, with certain exemptions, including that the unit count or square footage of the approved project cannot “change” by more than 15%. If local regulations have changed from the time of initial project submittal, the 15% change threshold could constrain a developer’s ability to modify their project. For example, an approved proposal to reduce square footage by more than 15% in response to market conditions could be precluded if local zoning regulations would no longer permit the uses contained in the approved project. The 15% limit also does not allow for larger increases in the unit count, which limits the ability to use some of the recent amendments to expand upon Density Bonus Law.
According to the sponsors, these limitations have affected entitled developments in the housing pipeline. Developers might need to revise their housing development proposals after initial approval for a variety of reasons, including changing market conditions, financial constraints, and unforeseen site challenges. Developers may encounter difficulties in completing their capital stack in a timely manner due to changes in investor sentiment, fluctuations in interest rates or insurance coverage, or stricter lending criteria from banks, impacting overall project feasibility. It can take years for affordable housing projects relying on local, state, or federal funds to complete their capital stacks, and market conditions can change while this pursuit is underway.
According to the author, this bill will allow projects to adjust as market conditions change and lead to a greater likelihood of development.
- Double referral. This bill was also referred to the Local Government Committee.
Related Legislation:
SB 423 (Wiener, Chapter , Statutes of 2023) — extended the sunset on SB 35 (Wiener, Chapter 366, Statutes of 2017) to January 1, 2036, and makes other changes, as specified.
AB 2668 (Grayson, Chapter 658, Statutes of 2022) — added parameters for determining a project’s compliance with the streamlined, ministerial process created by SB 35 (Wiener, Chapter 366, Statutes of 2017).
AB 1174 (Grayson, Chapter 160, Statues of 2021) — made several changes to the SB 35 process.
AB 831 (Grayson, Chapter 194, Statutes of 2020) — added a process for SB 35 projects to be modified after their approval.
AB 1485 (Wicks, Chapter 663, Statutes of 2019) — made various changes to SB 35 including allowing for streamlining of housing developments that include a percentage of low-income and/or moderate-income housing.
SB 35 (Wiener, Chapter 366, Statutes of 2017) — created a ministerial approval process for specified infill, multifamily housing development projects.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
POSITIONS: (Communicated to the committee before noon on Wednesday,
May 29, 2024.)
SUPPORT:
Abundant Housing LA
Bay Area Council
California Community Builders
California YIMBY
Housing Trust Silicon Valley
Midpen Housing
San Francisco Bay Area Planning and Urban Research Association (SPUR)
Sand Hill Property Company
YIMBY Action
OPPOSITION:
None received.
-- END --
2022 APRs are not due to HCD until April 1, 2023, so 2022 data is not yet available. ↑
Date of Hearing: May 8, 2024
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Buffy Wicks, Chair
ABPCA Bill Id:AB 3122
Author:(Kalra) – As Introduced Ver:February 16, 2024
Policy Committee: | Housing and Community Development | Vote: | 9 - 0 |
Local Government | 8 - 0 | ||
|
|
Urgency: No State Mandated Local Program: Yes Reimbursable: No
SUMMARY:
This bill revises the threshold at which a local government may apply recently adopted objective planning standards when a development approved under the streamlined ministerial process established by SB 423 (Wiener), Chapter 778, Statutes of 2023, is modified by the development proponent.
Specifically, this bill:
- Authorizes a local government to apply objective planning standards adopted after an approved SB 423 development application was first submitted when a developer requests to modify the project in the following ways:
- Increase the total square footage of the development by 15% or more, exclusive of underground space, or decrease the total number of units by 15% or more.
- Increase the total square footage of the development by 5% or more, exclusive of underground space, or decrease the total number of units by 5% or more, and the local government deems it necessary to subject the development to new standards that were not in effect when the development was first proposed to reduce a specific harm to public health or safety, with no feasible alternative method to mitigate the adverse impact.
FISCAL EFFECT:
No state costs. Local costs resulting from this bill are not reimbursable by the state because local agencies have general authority to charge and adjust planning and permitting fees to cover their administrative expenses associated with new planning mandates.
COMMENTS:
- Purpose. This bill is sponsored by the San Francisco Bay Area Planning and Urban Research Association. According to the author:
Housing developers have experienced challenges with the changing market trends, such as less demand for office space or increasing cost of construction. Clarifying the 15% threshold in SB 35 will allow projects to reduce the size of their project or to increase the residential units. During a time when California is facing a housing crisis, and cities and counties must build housing to meet the growing population, modifying the 15% threshold will give projects the flexibility to make those changes needed to respond to the changing market conditions. [This bill] will help these housing projects move forward and ensure these developments are successful and can provide the housing our cities and counties need.
- Background. In 2023, SB 423 (Wiener) amended statute resulting from the enactment of SB 35 (Wiener), Chapter 366, Statutes of 2017, creating a streamlined, ministerial local approvals process for housing development proposals in a jurisdiction that has failed to produce sufficient housing to meet the jurisdiction’s RHNA, known as the “by-right” process. To access the by-right process, a project must meet a number of requirements, including that it includes a percentage of affordable housing units, meets specified labor standards, is not on an environmentally sensitive site, and would not result in the demolition of existing housing. A local government is allowed to provide design review and its own objective development standards to such a project, but the local government must approve the development project within specified timeframes. The streamlining provisions established in SB 423 create a pathway for expedited housing approvals that follow clear and objective standards.
Existing law requires modifications to housing projects approved pursuant to SB 423 be subject to the same objective standards in place at the time of the original approval, unless the square footage or unit count changes, up or down, by more than 15%. If local regulations have changed from the time of initial project submittal, the 15% change threshold could constrain a developer’s ability to modify their project. The 15% limit also does not allow for larger increases in the unit count, which limits the ability to use recent amendments to Density Bonus Law.
Developers may need to revise their housing development proposals after initial approval for a variety of reasons, including changing market conditions, financial constraints, and unforeseen site challenges. For example, a developer of an approved, mixed-use project may seek to eliminate or substantially reduce the non-residential portion of the project, such as office space, but may not be able to do so if the change results in a reduction of square footage greater than 15%. These types of changes are oftentimes needed, given post-pandemic market trends, such as less demand for office space or rising costs of construction.
This bill modifies the 15% rule in SB 35 to make the cap apply only to increases in square footage in excess of 15% and decreases in unit count that exceed 15%.
Analysis Prepared by: Jennifer Swenson / APPR. / (916) 319-2081
Date of Hearing: April 24, 2024
ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT
Juan Carrillo, Chair
ABPCA Bill Id:AB 3122 (
Author:Kalra) – As Introduced Ver:February 16, 2024
SUBJECT: Streamlined housing approvals: objective planning standards.
SUMMARY: Revises the threshold at which a local government can apply recently adopted objective planning standards when a development approved under the streamlined ministerial process established by SB 423 (Wiener), Chapter 778, Statutes of 2023 is modified by the development proponent. Specifically, this bill:
- Authorizes a local government to apply objective planning standards adopted after an approved SB 423 development application was first submitted when a developer requests to modify the project in the following ways:
- The total square footage of the development increases by 15% or more, exclusive of underground space, or the total number of units decreases by 15% or more.
- The total square footage of the development increases by 5% or more, exclusive of underground space, or the total number of units decreases by 5% or more, and the local government deems it necessary to subject the development to new standards that were not in effect when the development was first proposed to reduce a specific harm to public health or safety, with no feasible alternative method to mitigate the adverse impact.
- Provides that no reimbursement is required by this bill pursuant to Section 6 of Article XIII B 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 bill, within the meaning of Section 17556 of the Government Code.
EXISTING LAW establishes all of the following pursuant to SB 423 (Wiener, Chapter 778, Statutes of 2023), as provided in Government Code (GOV) § 65913.4:
- Allows a development proponent to submit an application for a development that is subject to a by right approval process, which is required to be approved by the local government and not subject to the California Environmental Quality Act (CEQA), if the development meets certain conditions, including locational, affordability, and labor requirements.
- Specifies the process for approval by a local government of the proposed project, including that:
- If a local government determines that a development submitted pursuant to the bill’s provisions is in conflict with any objective planning standards, it must provide the development proponent written documentation within specified timeframes of which standards the development conflicts with, and what the conflict is.
- Design review or public oversight must 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.
- Design review or public oversight must be completed in a specified timeframe, and must not in any way inhibit, chill, or preclude the ministerial approval provided by SB 423 or its effect, as applicable.
- The development proponent may request modifications to a development approved under SB 423 if the request is submitted to the local government before the local government issues the final building permit required for construction.
- The local government’s review of any modification requests must follow established timeframes and requirements, including that the local government can only apply objective planning standards adopted after the development application was first submitted if the requested modification:
- Changes the total number of residential units or square footage by 15% or more, exclusive of any underground space; or
- Changes the total number of residential units or square footage by 5% or more, exclusive of any underground space, and the local government deems it necessary to subject the development to new standards that were not in effect when the development was first proposed to reduce a specific harm to public health or safety, with no feasible alternative method to mitigate the adverse impact.
FISCAL EFFECT: This bill is keyed fiscal and contains a state mandated local program.
COMMENTS:
- Bill Summary and Author’s Statement. This bill revises the threshold at which a local government can apply recently adopted objective planning standards when a development that has been approved under the streamlined ministerial process established by SB 423 is modified by the development proponent. San Francisco Bay Area Planning and Urban Research Association (SPUR) is the sponsor of this bill.
According to the author, “Housing developers have experienced challenges with the changing market trends, such as less demand for office space or increasing cost of construction. Clarifying the 15% threshold in SB 35 will allow projects to reduce the size of their project or to increase the residential units. California is facing a housing crisis, and cities and counties must build housing to meet the growing population, so modifying the 15% threshold, will give projects the flexibility to make those changes needed to respond to the changing market conditions. AB 3122 will help these housing projects move forward and ensure these developments are successful and can provide the housing our cities and counties need.”
- Statewide Housing Needs. According to the Department of Housing and Community Development’s (HCD’s) 2022 Statewide Housing Plan Update,[1] California’s housing crisis is a half century in the making. After decades of underproduction, supply is far behind need and housing and rental costs are soaring. As a result, millions of Californians must make hard decisions about paying for housing at the expense of food, health care, child care, and transportation, directly impacting quality of life in the state. One in three households in the state doesn’t earn enough money to meet their basic needs. In 2023, over 181,000 Californians experienced homelessness on a given night, with a sharp increase in the number of people who became experienced homelessness for the first time.[2]
To meet this housing need, HCD determined that California must plan for more than 2.5 million new homes, and no less than one million of those homes must be affordable to lower-income households, in the 6th Regional Housing Needs Allocation (RHNA). This represents more than double the housing needed in the 5th RHNA cycle, and would require production of over 300,000 units a year, including over 120,000 units a year of housing affordable to lower income households. By contrast, housing production in the past decade has been under 100,000 units per year – including less than 10,000 units of affordable housing per year.[3] As of April 5, 2024, in the 6th RHNA cycle, jurisdictions across the state have permitted the following:
- 2.1 percent of the very low-income RHNA.
- 4.8 percent of the low-income RHNA.
- 4.8 percent of the moderate-income RHNA.
- 12.7 percent of the above moderate-income RHNA.
- 2.1 percent of the very low-income RHNA.
- Making it Easier to Approve Housing Projects. In recent years the Legislature has passed several bills that override the local approval process for housing projects that meet objective standards. This includes accessory dwelling unit law [established in 2016 by AB 2299 (Bloom), Chapter 735, and SB 1069 (Wieckowski), Chapter 720], multi-family housing that complies with local zoning standards [SB 35 (Wiener) Chapter 366, Statutes of 2017), the allowance of duplexes and lot splits [SB 9 (Atkins), Chapter 162, Statutes of 2021], and the allowance of multi-family mixed-income housing along commercial corridors [AB 2011 (Wicks), Chapter 647, Statutes of 2022].
In 2023, SB 423 (Wiener) amended SB 35, creating a streamlined, ministerial local approvals process for housing development proposals in jurisdictions that have failed to produce sufficient housing to meet their RHNA. To access the by-right process, the project must meet a number of requirements, including that the development includes a percentage of affordable housing units, meets specified labor standards, is not on an environmentally sensitive site, and would not result in the demolition of existing housing. Localities are allowed to provide design review, and are allowed to apply their own objective development standards, but they must approve the development project in specified timeframes.
- The Need for Flexibility. Existing law requires any modifications to housing projects approved pursuant to SB 423 to be subject to the same objective standards of the original approval, with certain exemptions, including that the unit count or square footage of the approved project cannot “change” by more than 15%. If local regulations have changed from the time of initial project submittal, the 15% change threshold could constrain a developer’s ability to modify their project. For example, an approved proposal to reduce square footage by more than 15% in response to market conditions could be precluded if local zoning regulations would no longer permit the uses contained in the approved project. The 15% limit also does not allow for larger increases in the unit count, which limits the ability to use some of the recent amendments to expand upon Density Bonus Law.
These limitations have affected entitled developments in the housing pipeline. Developers might need to revise their housing development proposals after initial approval for a variety of reasons, including changing market conditions, financial constraints, and unforeseen site challenges. For instance, the COVID-19 pandemic led to a significant shift in work habits, with many white-collar workers transitioning to remote or hybrid work, which in turn reduced the demand for new office space and ground floor commercial uses. Additionally, developers may encounter difficulties in completing their capital stack in a timely manner due to changes in investor sentiment, fluctuations in interest rates, or stricter lending criteria from banks, impacting overall project feasibility. It can take years for affordable housing projects relying on local, state, or federal funds to complete their capital stacks, and market conditions can change while this pursuit is underway.
- Previous Legislation. SB 423 (Wiener), Chapter 778, Statutes of 2023 amended SB 35 (Wiener), which created a streamlined, ministerial local approvals process for housing development proposals in jurisdictions that have failed to produce sufficient housing to meet their RHNA.
- Arguments in Support. According to the sponsor SPUR, and supporters, AB 3122 “Will allow for streamlined housing production in California in counties and cities that are not building enough housing to keep up with state housing construction requirements. The bill amends the 2017 statute in SB 35 to adjust the 15 and five percent thresholds on projects being revised after approval without being subject to local objective planning standards. In turn, this will enable project size to be rationalized by excluding or reducing non-residential components.
“...This bill will fix a scenario the Legislature did not account for with the implementation of SB 35. It will provide much needed clarification to the SB 35 application process by modifying the 15 percent and five percent threshold in existing law. This will enable approved housing projects to increase square footage for construction or allow residential units to not be subjected to local government objective planning standards.”
- Arguments in Opposition. None on file.
- Double-Referred. This bill was heard in the Assembly Housing and Community Development Committee on April 17th and passed with a vote of 9-0.
REGISTERED SUPPORT / OPPOSITION:
Support
SPUR [SPONSOR]
Abundant Housing LA
Bay Area Council
California Community Builders
California YIMBY
CivicWell
Housing Trust Silicon Valley
Midpen Housing
Sand Hill Property Company
YIMBY Action
Opposition
None on file
Analysis Prepared by: Linda Rios / L. GOV. / (916) 319-3958
California Department of Housing and Community Development, A Home for Every Californian: 2022 Statewide Housing Plan. March 2022, https://storymaps.arcgis.com/stories/94729ab1648d43b1811c1698a748c136 ↑
U.S. Department of Housing and Urban Development, Point in Time Counts. https://www.huduser.gov/portal/datasets/ahar/2023-ahar-part-1-pit-estimates-of-homelessness-in-the-us.html ↑
https://www.hcd.ca.gov/policy-research/housing-challenges.shtml ↑
Date of Hearing: April 17, 2024
ASSEMBLY COMMITTEE ON HOUSING AND COMMUNITY DEVELOPMENT
Christopher M. Ward, Chair
ABPCA Bill Id:AB 3122 (
Author:Kalra) – As Introduced Ver:February 16, 2024
SUBJECT: Streamlined housing approvals: objective planning standards
SUMMARY: Revises the threshold at which a local government can apply recently adopted objective planning standards when a development approved under the streamlined ministerial process established by SB 423 (Wiener), Chapter 778, Statutes of 2023 is modified by the development proponent. Specifically, this bill:
- Authorizes a local government to apply objective planning standards adopted after an approved SB 423 development application was first submitted when a developer requests to modify the project in the following ways:
- The total square footage of the development increases by 15% or more, exclusive of underground space, or the total number of units decreases by 15% or more; or,
- The total square footage of the development increases by 5% or more, exclusive of underground space, or the total number of units decreases by 5% or more, and the local government deems it necessary to subject the development to new standards that were not in effect when the development was first proposed to reduce a specific harm to public health or safety, with no feasible alternative method to mitigate the adverse impact.
EXISTING LAW: Establishes all of the following pursuant to SB 423 (Wiener, Chapter 778, Statutes of 2023), as provided in Government Code (GOV) Section 65913.4:
- Allows a development proponent to submit an application for a development that is subject to a by right approval process, which is required to be approved by the local government and not subject to the California Environmental Quality Act (CEQA), if the development meets certain conditions, including locational, affordability, and labor requirements.
- Specifies the process for approval by a local government of the proposed project, including that:
- If a local government determines that a development submitted pursuant to the bill’s provisions is in conflict with any objective planning standards, it must provide the development proponent written documentation within specified timeframes of which standards the development conflicts with, and what the conflict is.
- Design review or public oversight must 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.
- Design review or public oversight must be completed in a specified timeframe, and must not in any way inhibit, chill, or preclude the ministerial approval provided by this section or its effect, as applicable.
- The development proponent may request modifications to a development approved under SB 423 if the request is submitted to the local government before the local government issues the final building permit required for construction.
- The local government’s review of any modification requests must follow established timeframes and requirements, including that the local government can only apply objective planning standards adopted after the development application was first submitted if the requested modification:
- Changes the total number of residential units or square footage by 15% or more, exclusive of any underground space; or
- Changes the total number of residential units or square footage by 5% or more, exclusive of any underground space, and the local government deems it necessary to subject the development to new standards that were not in effect when the development was first proposed to reduce a specific harm to public health or safety, with no feasible alternative method to mitigate the adverse impact.
FISCAL EFFECT: Unknown.
COMMENTS:
Author’s Statement: According to the author, “housing developers have experienced challenges with the changing market trends, such as less demand for office space or increasing cost of construction. Clarifying the 15% threshold in SB 35 will allow projects to reduce the size of their project or to increase the residential units. During a time when California is facing a housing crisis, and cities and counties must build housing to meet the growing population, so modifying the 15% threshold, will give projects the flexibility to make those changes needed to respond to the changing market conditions. AB 3122 will help these housing projects move forward and ensure these developments are successful and can provide the housing our cities and counties need.”
Statewide Housing Needs: According to the Department of Housing and Community Development’s (HCD’s) 2022 Statewide Housing Plan Update,[1] California’s housing crisis is a half century in the making. After decades of underproduction, supply is far behind need and housing and rental costs are soaring. As a result, millions of Californians must make hard decisions about paying for housing at the expense of food, health care, child care, and transportation, directly impacting quality of life in the state. One in three households in the state doesn’t earn enough money to meet their basic needs. In 2023, over 181,000 Californians experienced homelessness on a given night, with a sharp increase in the number of people who became experienced homelessness for the first time.[2]
To meet this housing need, HCD determined that California must plan for more than 2.5 million new homes, and no less than one million of those homes must be affordable to lower-income households, in the 6th Regional Housing Needs Allocation (RHNA). This represents more than double the housing needed in the 5th RHNA cycle, and would require production of over 300,000 units a year, including over 120,000 units a year of housing affordable to lower income households. By contrast, housing production in the past decade has been under 100,000 units per year – including less than 10,000 units of affordable housing per year.[3] As of April 5, 2024, in the 6th RHNA cycle, jurisdictions across the state have permitted the following:
- 2.1 percent of the very low-income RHNA
- 4.8 percent of the low-income RHNA
- 4.8 percent of the moderate-income RHNA
- 12.7 percent of the above moderate-income RHNA
Making it Easier to Approve Housing Projects: In most jurisdictions, the process to approve new housing is arduous, unpredictable, and expensive. It often requires multiple levels of approval from local governments, and navigation of an environmental review process that greatly empowers opponents of new housing. This is often the case even when a housing project meets all of the local government’s objective standards for development.
Recognizing this issue, in recent years the Legislature has passed several bills that override the local approval process for housing projects that meet objective standards. This includes accessory dwelling unit law (established in 2016 by AB 2299 (Bloom), Chapter 735, and SB 1069 (Wieckowski), Chapter 720), multi-family housing that complies with local zoning standards (SB 35), the allowance of duplexes and lot splits (SB 9 (Atkins), Chapter 162, Statutes of 2021), and the allowance of multi-family mixed-income housing along commercial corridors (AB 2011 (Wicks), Chapter 647, Statutes of 2022).
In 2023, SB 423 (Wiener) amended SB 35 (Wiener), creating a streamlined, ministerial local approvals process for housing development proposals in jurisdictions that have failed to produce sufficient housing to meet their RHNA. To access the by-right process, the project must meet a number of requirements, including that the development includes a percentage of affordable housing units, meets specified labor standards, is not on an environmentally sensitive site, and would not result in the demolition of existing housing. Localities are allowed to provide design review, and are allowed to apply their own objective development standards, but they must approve the development project in specified timeframes. The streamlining provisions established in SB 423 create a critical pathway for expedited housing approvals that follow clear and objective standards.
The Need for Flexibility: Existing law requires any modifications to housing projects approved pursuant to SB 423 to be subject to the same objective standards of the original approval, with certain exemptions, including that the unit count or square footage of the approved project cannot “change” by more than 15%. If local regulations have changed from the time of initial project submittal, the 15% change threshold could constrain a developer’s ability to modify their project. For example, an approved proposal to reduce square footage by more than 15% in response to market conditions could be precluded if local zoning regulations would no longer permit the uses contained in the approved project. The 15% limit also does not allow for larger increases in the unit count, which limits the ability to use some of the recent amendments to expand upon Density Bonus Law.
These limitations have affected entitled developments in the housing pipeline. Developers might need to revise their housing development proposals after initial approval for a variety of reasons, including changing market conditions, financial constraints, and unforeseen site challenges. For instance, the COVID-19 pandemic led to a significant shift in work habits, with many white-collar workers transitioning to remote or hybrid work, which in turn reduced the demand for new office space and ground floor commercial uses. Additionally, developers may encounter difficulties in completing their capital stack in a timely manner due to changes in investor sentiment, fluctuations in interest rates, or stricter lending criteria from banks, impacting overall project feasibility. It can take years for affordable housing projects relying on local, state, or federal funds to complete their capital stacks, and market conditions can change while this pursuit is underway.
Without the changes proposed in AB 3122, projects may not be able to respond to changes in the market and, as a result, may not move forward at all. With this bill, projects can be “right sized” as market conditions change and are more likely to be built. This bill would be beneficial from a housing supply perspective as well as it allows developers to increase their approved projects by more than 15% of the initially approved units without having new standards applied to their projects, so long as the total project square footage does not increase by more than 15%.
As with the creation of any new program, the Legislature was not able to anticipate all scenarios that could arise with the implementation of SB 35, and subsequent amendments in SB 423. However, the Legislature intended for the provisions of SB 423 to help ensure that projects contemplated by the law were approved to help build affordable housing. AB 3122 is well aligned with that stated intent.
Arguments in Support: According to the sponsor SPUR, and other members of the California Home Building Alliance, AB 3122 “will allow for streamlined housing production in California in counties and cities that are not building enough housing to keep up with state housing construction requirements. The bill amends the 2017 statute in SB 35 to adjust the 15 and five percent thresholds on projects being revised after approval without being subject to local objective planning standards. In turn, this will enable project size to be rationalized by excluding or reducing non-residential components.
This bill will fix a scenario the Legislature did not account for with the implementation of SB 35. It will provide much needed clarification to the SB 35 application process by modifying the 15 percent and five percent threshold in existing law. This will enable approved housing projects to increase square footage for construction or allow residential units to not be subjected to local government objective planning standards.”
Arguments in Opposition: None on file.
Related Legislation:
SB 423 (Wiener), Chapter 778, Statutes of 2023. Amended SB 35 (Wiener), which created a streamlined, ministerial local approvals process for housing development proposals in jurisdictions that have failed to produce sufficient housing to meet their RHNA.
Double referred: This bill was also referred to the Assembly Committee on Local Government, where it will be heard should it pass out of this committee.
REGISTERED SUPPORT / OPPOSITION:
Support
San Francisco Bay Area Planning and Urban Research Association (Sponsor)
Abundant Housing LA
Bay Area Council
California Community Builders
California YIMBY
Housing Trust Silicon Valley
MidPen Housing
Sand Hill Property Company
YIMBY Action
Opposition
None on file.
Analysis Prepared by: Dori Ganetsos / H. & C.D. / (916) 319-2085
California Department of Housing and Community Development, A Home for Every Californian: 2022 Statewide Housing Plan. March 2022, https://storymaps.arcgis.com/stories/94729ab1648d43b1811c1698a748c136 ↑
U.S. Department of Housing and Urban Development, Point in Time Counts. https://www.huduser.gov/portal/datasets/ahar/2023-ahar-part-1-pit-estimates-of-homelessness-in-the-us.html ↑
https://www.hcd.ca.gov/policy-research/housing-challenges.shtml ↑
Discussed in Hearing
43SEC
Assembly Floor
1MIN
Senate Floor
4MIN
Senate Standing Committee on Local Government
Bill Author
Bill Co-Author(s):