Attachment 2 — Burbank City Council, May 23, 2023

The following public
hearing report is being
distributed to City
Council in advance.

This item is scheduled
for May 16, 2023.

Please retain this copy as it will not be distributed again with the agenda packet
ATTACHMENT 2 - 1
1 STAFF REPORT

DATE: May 16, 2023

TO: Justin Hess, City Manager

FROM: Patrick Prescott, Community Development Director VIA: Fred Ramirez, Asst. Community Development Director – Planning Scott Plambaeck, Planning Manager
BY : Shipra Rajesh, Senior Planner

SUBJECT: Introduction of an Ordinance to Amend the Streamlined Ministerial Review and Public Oversight Process for Development Projects Submitted U nder the Streamlined Ministerial Approval Process P ursuant to Government Code Sections 65913.4 (SB 35) and 65912.100 (AB 2011)

RECOMMENDATION
Introduce AN ORDINANCE OF THE COUNCIL OF THE CITY OF BURBANK AMENDING TITLE 10, CHAPTER 1 (ZONING) IN ORDER TO AMEND THE

STREAMLINED MINISTERIAL REVIEW AND PUBLIC OVERSIGHT PROCESS FOR

APPLICATIONS SUBMITTED UNDER THE STREAMLINED MINISTERIAL APPROVAL PROCESS PURSUANT TO GOVERNMENT CODE SECTIONS 65913.4 (SB 35) and 65912.100 (AB 2011). (Zone Text Amendment No. 23-0001259) (Attachment 1).

BACKGROUND
The City of Burbank is subject to the streamlined, ministerial approval process of Senate Bill (SB) 35 for residential developments as a result of i nsufficient progress in providing housing units against the regional housing need assessment (RHNA) allocation during the fifth planning cycle (2014 – 2021). The purpose of SB 35 is to create a streamlined ministerial approval process for cities that have not made sufficient progress toward meeting their RHNA allocation and to process development applications expeditiously. In addition to SB 35, the City is required to comply with the provisions of Assembly Bill (AB) 2011 that was signed by Governor Newsom on September 28, 2022 and will become effective on July 1, 2023. AB 2011 allows streamlined, ministerial review process for housing projects in commercial zones and corridors that meet certain objective standards

COMMUNITY

DEVELOPMENT
ATTACHMENT 2 - 2
2 and affordability and site criteria that is similar to the SB 35 streamlined ministerial review process.

On January 4, 2022, the City Council adopted an ordinance establishing a ministerial review and public oversight process for SB 35 applications requiring two rounds of Council review: an initial review for determination of site eligibility on receipt of a Notice of Intent (NOI) to submit an SB 35 application, and a final Council review for the approval of an SB 35 application (Attachment 3). At the October 25, 2022, Council meeting, then Vice Mayor Anthony requested staff to bring back the existing streamlined ministerial review and public oversight process for SB 35 applications for the new Council’s review and consideration. Usually, staff presents a two- step report to the Council prior to presenting an ordinance for the Council’s consideration. Due to the urgency of AB 2011, which will be effective on July 1, 2023, and staff's support to improve the efficiency of the existing streamlined ministerial review process for projects submitted under SB 35, staff is skipping the first step of the two- step report process and presenting an ordinance for Council's consideration. The proposed Zone Text Amendment (ZTA) and the associated Ordinance amends the City’s existing ministerial review and public oversight process for SB 35 applications by allowing the Community Development Director to review the site eligibility on receipt of a NOI to submit a SB 35 application, while maintaining Council review for final approval of SB 35 applications. Additionally, the Ordinance will implement a streamlined, ministerial review process and public oversight process for AB 2011 applications submitted pursuant to Government Code Section 65912.100.

Recognizing that both SB 35 and AB 2011 incorporate identi cal streamlined ministerial review processes for multi-family housing projects, the proposed ZTA and the associated Ordinance amend the code to expand the scope of the City’s streamlined ministerial review process, which would apply to all AB 2011 projects in addition to SB 35 projects .

In a similar fashion to SB 35 projects, Council will also undertake a ministerial review process for final approval of an AB 2011 application. Further, since AB 2011 will allow development of qualifying residential and mixed-use projects in commercial zones and corridors, planning staff is working on a ZTA updating objective development standards that would apply to all residential and mixed-use projects in nonresidential zones and will be presented for the Council’s consideration on May 23, 2023.

DISCUSSION
SB 35 Streamlined, Ministerial Review Process
SB 35 became effective in 2018 and established a streamlined ministerial approval process for qualifying housing projects that met certain specified criteria (SB 35 Projects), for cities that have not made sufficient progress toward meeting their RHNA allocation (Attachment 4). Cities are limited to evaluating SB 35 Projects against objective zoning standards, objective subdivision standards, and objective design review standards in effect at the time a NOI to submit an SB 35 Project is submitted to the City. Additionally, ATTACHMENT 2 - 3
3 SB 35 requires that cities streamline the processing of SB 35 Projects through strict processing timelines. The SB 35 Project review process broadly includes two steps:

1. NO I Application to apply for a Streamlined Ministerial Approval Process:

The first step is for a prospective applicant to submit a NOI Application to the City for a potentially eligible SB 35 project. W ithin 30 days of receipt of an NOI application, the City must begin the notification and consultation process with the California Native American tribes that are traditionally and culturally affiliated with the geographic area of the Project site providing information on the proposed development. NOI process is deemed complete once Tribal Consultation process is concluded pursuant Government Code Section 65913.4(b) (included in Attachment 4).

2. SB 3
5 Application for a Streamlined Ministerial Approval process:

After completing the NOI Application, which includes the Tr ibal Consultation process and the preparation of enforceable agreement(s) with each of the responding tribes and the City, an applicant may submit a SB 35 project application for the City’s ministerial review.

AB 2011 Streamlined, Ministerial Review Process
AB 2011, also known as the Affordable Housing and High Road Jobs Act of 2022, allows streamlined, ministerial review for housing development that meets certain objective standards, and affordability and site criteria, on commercially zoned sites where offi ce, retail, or parking use are permitted by right (Attachment 5) . Development projects submitted under AB 2011 will undergo a preliminary review for analysis of site eligibility as well as a project’s compliance with specified objective standards and affor dability requirements. Once a project is determined to comply with the specified objective standards, affordability criterion, and site eligibility requirement specified in Government Code Sections 65912.111 through 65912.113 and 65912.121 through 65912.12 3, it will be eligible for a streamlined, ministerial review and public oversight process pursuant to Government Code Sections 65912.114 and 65912.124, similar to the SB 35 streamlined, ministerial review process codified in Government Code Section 65913.4.

Current Cit
y Streamlined, Ministerial Review Process for SB 35 Applications Council adopted Ordinance No. 22-3,964 on January 4, 2022, establishing a streamlined ministerial review and public oversight process for SB 35 applications pursuant to the requirements in California Government Code Section 65913.4 (Attachment 3) . The ordinance establishes a two -step Council review process for reviewing SB 35 applications.

ATTACHMENT 2 - 4
4 1. NOI Application: Council review of NOI for verifying site eligibility, which occurs within 60 days of receipt of the NOI application. After completing the NOI to submit an application for streamlined ministerial approval process, which includes Tribal Consultation pursuant to Government Code Section 65913.4, an applicant may submit an application for streamlined ministerial approval processing to the City [Burbank Municipal Code (BMC) Section 10-1-19302(A).

2. SB 35 Application: Council review of Community Development Director’s determination of a project’s consistency with objective zoning standards, objective subdivision standards, and objective design review standards applicable to the project, which must be completed in 90 days for projects with 150 or fewer units and 180 days for projects with more than 150 units, measured from the date of the application submittal [Burbank Municipal Code (BMC) Section 10-1-19302(C).

P
roposed Changes to the City ’s SB 35 Streamlined, Ministerial Review Process The proposed updates to Ordinance No. 22-3,964 include an amendment to the existing two-step Council review process as well as inclusion of standards that require additional environmental assessment for certain sites. Additionally, recognizing that both SB 35 and AB 2011 incorporate similar streamlined, ministerial review process es for qualifying housing projects (as codified in Government Code Sections 65913.4, 65912.114, and 65912.124), the proposed Ordinance includes text to implement a streamlined, ministerial review process and public oversight process for AB 2011 applications submitted pursuant to Government Code Section 65912.100 . These updates are discussed below (Attachment 2).
1) Update to Sections 10 - 1-1909(E): Streamlined Ministerial Approval Process; 10-1- 19300 (A): Purpose; Section 10-1-19300 (B): Intent; and Section 10-1- 19302:

Streamlined Ministerial Approval Process:

Sections 10-1-1909(E), 10-1-19300 (A) & (B), and 10-1- 19302 are being updated to include reference to California Government Code Section 65912.100, to provide for a streamlined ministerial review process for AB 2011 development applications that qualify for such a process by showing compliance with Government Code Sections 65912.111 through 65912.113 and 65912.121 through 65912.123. 2) Update to Section 10 -1-19302(A): Notice of Intent to Submit a SB 35 Application:
a) This proposed update would enable planning staff review for determination of site eligibility for SB 35 applications, while maintaining Council review for the final approval of a project.

ATTACHMENT 2 - 5
5 b) Additionally, this sub-section is proposed to be updated to provide clarification on the documents that are required from an applicant for SB 35 development projects after completion of NOI and Tribal Consultation. Currently, the existing ordinance specifies submission of both a building permit and SB 35 application after completion of the NOI and Tribal Consultation. The proposed update would require an applicant to submit an SB 35 streamlined ministerial approval process application demonstrating a project’s eligibility under California Government Code Section 65913.4, after completion of NOI and Tribal Consultation. The applicant will be allowed to submit a building permit application after City Council approval of the SB 35 application.

3) U
pdate to Section 10 -1-19302(B): Community Development Director Determinations; & Section 10-1-19302 (C): City Council Ministerial Design Review/Public Oversight:

Sections 10-1-19302 (B) & (C) contain the streamlined, ministerial review and public oversight process for SB 35 development projects. These Sections are being amended to include reference to Calif ornia Government Code Sections 65912.114 and 65912.124, to implement a streamlined, ministerial review and public oversight process for AB 2011 development projects. The proposed update will amend the code to expand the scope of the City’s streamlined ministerial review process, which would apply to all AB 2011 projects in addition to SB 35 projects. Moreover, the proposed Ordinance will require Council to undertake a ministerial review process for final approval of both SB 35 and AB 2011 projects.

4) U
pdate to Section 10-1- 19302(D): Submission of Application and Payment of Fees:

This Section has been amended to update the list of documents that an applicant will be required to submit along with a SB 35 application after approval of the NOI and completion of Tribal Consultation. Per the proposed update an applicant will be required to submit Phase I Environmental Site Assessment (ESA) if a site is identified by the Burbank Fire Department (the Fire Marshall) as having a history of hazardous materials use or storage and any associated follow-up environmental site assessment during the NOI site eligibility review. Further, if P hase 1 ESA recommends further analysis, including preparation of a Phase II ESA or any additional environmental site assessments, the developer will be required to submit the additional environmental site assessment studies as a part of the application. Moreover, the developer will be responsible for any and all cost s related to third party review of these additional environmental site assessment documents.

Additionally, the Section is proposed to be up dated to include reference to California Government Code Section 65812.100, to establish submittal requirements for AB 2011 development projects, in addition to SB 35 development projects.

ATTACHMENT 2 - 6
6 5) Update to Section 10-1-19303: Changes to State Law:

This Section specifies the course of action in case of any changes to the State law.

The proposed update expands the purview of this Section to capture any future changes to California Government Code Section 65812.100 for AB 2011 development projects, in addition to Government Code Section 65913.4 for SB 35 development projects.

ENVIRONMENTAL ASSESSMENT
The requested ZTA and proposed Ordinance have been reviewed for compliance with the California Environmental Quality Act (CEQA). The proposed updates to Title 10, Chapter 1 of B urbank Municipal Code seek to amend the City’s streamlined ministerial review and public oversight process for development projects submitted under SB 35 (Government Code Section 65913.4) and AB 2011 ( Government Code Section 65912.100). The proposed Ordinance will not affect the City’s underlying zoning and/or land use designation as currently exists in the City’s Zoning Ordinance and the Burbank2035 General Plan. As a result, the proposed ZTA and associated proposed Ordinance will not have a significant adverse impact on the environment.

The proposed Ordinance has been determined to be exempt from CEQA review pursuant to State CEQA Guidelines, Article 18: Statutory Exemptions, Section 15061(B)(3). This section of CEQA establishes a statutory exemption for “The activity is covered by the commonsense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.”
Additionally, pursuant to Government
Code Sections 65912.114(o) and 65912.124(o), Ordinance for implementing a streamlined, ministerial review process for AB 2011 applications shall not be considered a “project” under Division 13 (commencing with Section 21000) of the Public Resources Code and therefore, the proposed Ordinance is exempt from CEQA.

FISCAL IMPACT
The proposed ZTA and the associated Ordinance seek to amend the City’s streamlined ministerial review and public oversight process for development projects submitted under SB 35 (Government Code Section 65913.4). Additionally, the ZTA expands the scope of the City’s streamlined, ministerial review and public oversight process to implement a process for development projects submitted under AB 2011 (Government Code Section 65912.100). The ZTA proposes updates to an existing process and does not propose any changes to the established cost recovery application fees for the NOI and SB 35 application or implement any new fee for an AB 2011 application. Therefore, the proposed ZTA and Ordinance will not have an impact on the City’s budget.

ATTACHMENT 2 - 7
7 CONCLUSION
Staff has prepared an update to the City's streamlined, ministerial review process for SB 35 applications to allow planning staff review of site eligibility on receipt of a NOI to submit a SB 35 application, while maintaining the City Council review for final approval of SB 35 applications. Additionally, the Ordinance will implement a streamlined, ministerial review process and public oversight process for AB 2011 applications submitted pursuant to Government Code Section 65912.100. Furthermore, the proposed updates include language that require an applicant to provide Phase 1 and Phase 2 ESA for sites that are identified as hazardous by the Burbank Fire Department in conjunction with application submittals for both SB 35 and AB 2011 development projects.

The State approved the SB 35 streamlined ministerial approval process to address the State’s Housing Crisis. Moreover, the recently signed bill AB 2011 (effective July 1, 2023), will allow streamlined, ministerial review process for housing projects that m eet certain objective standards and affordability and site criteria that is similar to SB 35 streamlined ministerial review process . The purpose of SB 35 and AB 2011 is to streamline the development review process to encourage the production of housing. The City is subject to the requirements of AB 2011, which will sunset in 2033. Additionally, the City is subject to the requirements of SB 35, as a result of issuing only 26% of permits against its fifth cycle (2014- 2021) RHNA allocations and as such have not met the RHNA obligation during the previous eight-year planning period of the City’s Housing Element. The City is required to have at least 50% permitting progress for applicable income categories as noted in the City’s RHNA allocation during the First Half Reporting Period of the sixth planning cycle (2021- 2029) i.e., by April 2025, to attain exemption from S B 35’s streamlined, ministerial approval process for residential developments.

ATTACHMENTS

Attachment 1 - Draft Ordinance
Attachment 2 - Redlined Ordinance
Attachment 3 - Ordinance No. 22-3,964
Attachment 4 - Government Code Section 65913.4
Attachment 5 - Assembly Bill 2011
Correspondences
ATTACHMENT 2 - 8
ATTACHMENT 1-1

Eff.: ORDINANCE NO. ____________

AN ORDINANCE OF THE COUNCIL OF THE CITY OF BURBANK
AMENDING TITLE 10, CHAPTER 1 (ZONING) IN ORDER TO AMEND THE

STREAMLINED MINISTERIAL REVIEW AND PUBLIC OVERSIGHT

PROCESS FOR APPLICATIONS SUBMITTED UNDER THE

STREAMLINED MINISTERIAL APPROVAL PROCESS PURSUANT TO
GOVERNMENT CODE SECTIONS 65913.4 and 65912.100. (Project No. 23-0001259)
City Attorney’s Synopsis

This Ordinance amends Title 10 of the Burbank Municipal Code to update the streamlined ministerial review and public oversight process for multifamily housing development projects submitted in compliance with Senate Bill 35 and Assembly Bill 2011, codified as California Government Code Section 65913.4 and 65912.100.

THE CITY COUNCIL OF THE CITY OF BURBANK FINDS, DETERMINES AND DECLARES THAT:

A. California Senate Bill 35 (“SB 35”) (Government Code Section 65913.4) was signed by Governor Jerry Brown on September 29, 2017 and became effective January 1, 2018. SB 35 applies to cities and counties that have not made sufficient progress toward me eting their affordable housing goals for above- moderate and lower -income levels as mandated by the State. SB 35 requires cities and counties to streamline the review and approval of certain affordable housing projects by providing a ministerial process.

B. Through 2020, the City of Burbank had issued 697 building permits for housing units or 26 percent out of the City’s 2,684 Regional Housing Needs Assessment (RHNA) allocation. Pursuant to the requirements under SB 35, the City did not have at least 50% permitting progress for an applicable income category as noted in the City’s RHNA allocation and therefore is subject to SB 35 (Government Code Section 65913.4).

C. The City is required to have at least 50% permitting progress for applicable income categories as noted in the City’s RHNA allocation during the First Half Reporting Period of the 6
th planning cycle (2021-2029) to attain exemption from SB 35’s streamlined, ministerial approval process for residential developments.

D. Assembly Bill 2011 (“AB 2011”) (Government Code Section 65912.100) was signed by Governor Gavin Newsom on September 28, 2022 and will become effective on July 1, 2023. AB 2011 allows streamlined, ministerial review process for housing projects that meet certain objective standards and affordability and site criteria that is similar to SB 35 streamlined ministerial review process.

E. On January 4, 2022, pursuant to the requirements in California Government Code Section 65913.4, the City Council adopted Ordinance No. 22- 3,964 establishing a ATTACHMENT 2 - 9
ATTACHMENT 1-2

ministerial review and public oversight process for SB 35 applications that requires two rounds of City Council review, an initial review for determination of site eligibility on receipt of a Notice of Intent (NOI) to submit a SB35 application, and a final City Council ministerial design review for the approval of SB 35 application.

F. After a year of implementation of Ordinance No. 22- 3,964, the City Council directed staff to bring back the existing streamlined ministerial review and public oversight process for SB 35 applications for further consideration.

G. This Ordinance will amend the existing City streamlined ministerial review and public oversight process for SB 35 applications submitted pursuant to Government Code Section 65913.4 by establishing City planning staff review of site eligibility on receipt of a NOI to submit a SB35 application, while maintaining the City Council ministerial design review for final approval of SB 35 applications. Additionally, the Ordinance will implement a streamlined, ministerial review process and public oversight process , which includes final review and approval consideration by the City Council for AB 2011 applications submitted pursuant to Government Code Section 65912.100.

H. This Ordinance shall be applicable to all pending and future applications submitted pursuant to Government Code Sections 65913.4 and 65912.100.

I. Pursuant to the California Environmental Quality Act (“CEQA”) and the City’s local CEQA Guidelines, the City Council in the exercise of its independent judgment finds that the adoption of the proposed ordinance to update the streamlined ministerial review and public oversight process for SB 35 applications is covered by the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment. The City Council has determined that the adoption of this ordinance, which would update the establishe d review procedures for eligible project applications designating the City Council as the appropriate decision- making body purs uant to Government Code Section 65913.4, will not have a significant environmental effect and therefore, adoption of this ordinance is exempt from CEQA pursuant to Section 15061(b)(3) of the State CEQA Guidelines (14 CCR § 15061(b)(3)).

J. Additionally, pursuant to Government Code Sections 65912.114(o) and 65912.124(o), the City Council has determined that adoption of this ordinance for implementing a streamlined, ministerial review process for AB 2011 applications shall not be considered a “project” under Division 13 (commencing with Section 21000) of the Public Resources Code and therefore, adoption of this ordinance is exempt from CEQA.

THE COUNCIL OF THE CITY OF BURBANK DOES ORDAIN AS FOLLOWS:

1. All the findings set forth above are true and correct and are incorporated herein as if restated in their entirety.

2. Section 10-1- 1909 of the Burbank Municipal Code, entitled “Submission of Development Review”, is amended by adding subsection E as follows:

ATTACHMENT 2 - 10
ATTACHMENT 1-3

E. STREAMLINED MINISTERIAL APPROVAL PROCESS
Development projects submitted pursuant to California Government Code Sections 65913.4 and 65912.100, as may be amended from time to time, shall be processed through a streamlined ministerial approval process as outlined in Article 19, Division 12, entitled STREAMLINED MINISTERIAL APPROVAL PROCESS, commencing with Section 19300, et. seq.

3. Article 19 of the Burbank Municipal Code, entitled “Zoning Procedures and Amendments”, is amended to include a new Division 12 as follows:

Division 12. Streamlined Ministerial Approval Process

10-1-19300: PURPOSE AND INTENT:

A. PURPOSE.

The City Council declares and finds all the following:

1. The California Legislature finds and declares that ensuring access to affordable housing is a matter of statewide concern.

2. Pursuant to Senate Bill (SB) 35 and Assembly Bill (AB) 2011 , a development proponent may submit an application for a development that is subject to the streamlined, ministerial approval process provided by California Government Code Sections 65913.4 and 65912.100, and not be subject to a conditional use permit or any other discretionary local government review or approval.

3. The City Council shall undertake ministerial design review and public oversight as provided for in SB 35 and AB 2011 (California Government Code Section s 65913.4, 65912.114, and 65912.124).

B. INTENT.

The intent of this Division is, to the extent permissible by law, establish a streamlined ministerial review and public oversight process for the City Council’s final review and approval of SB 35 and AB 2011 applications pursuant to the requirements in California Government Code Sections 65913.4 and 65912.100.

10-1-19301: DEFINITIONS:

All terms not defined below shall, unless their context suggests otherwise, be interpreted in accordance with the definition established in Government Code sections 65913.4 and 65912.100, and the Guidelines published by the California Department of Housing and Community Development (referred to herein as the Guidelines).

“Application” means a submission requesting Streamlined Ministerial Approval pursuant to Government Code section 65913.4 and the Guidelines, which contain information ATTACHMENT 2 - 11
ATTACHMENT 1-4

pursuant to Section 300(b) describing the development’s compliance with the criteria outlined in Article IV of the Guidelines.

“Ministerial processing” or “ministerial approval” means a process for development approval involving little or no personal judgment by the public official as to the wisdom or manner of carrying out the project. The public official merely ensures that the proposed development meets all the "objective zoning standards," "objective subdivision standards," and "objective design review standards" in effect at the time that the application is submitted to the local governm ent but uses no special discretion or judgment in reaching a decision.

“Ministerial approval” means approval of a project that complies with requirements and guidelines as set forth in Government Code Section 65913.4 that is non-discretionary and cannot require a conditional use permit or other discretionary local government review or approval.

“Objective zoning standard”, “objective subdivision standard”, and “objective design review standard” means standards that involve no personal or subjective judg ment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the applicant or development proponent and the public official prior to submittal, and includes only such standards as are published and adopted by ordinance or resolution by a local jurisdiction before submission of a development application.

10-1-19302: STREAMLINED MINISTERIAL APPROVAL PROCESS
Development projects submitted pursuant to California Governmen t Code Section
65913.4 shall be reviewed in accordance with the procedures set forth in Subsection (b) of Section 65913.4, and development projects submitted pursuant to California Government Code Section 65912.100 shall be reviewed in accordance with the procedures set forth in Government Code Sections 65912.114 and 65912.124. a As such procedures may be amended from time to time, and as further set forth in this Division

12. A
. NOTICE OF INTENT TO SUBMIT A SB 35 APPLICATION

(1) The development proponent shall submit to the local government a notice of its intent to submit an application. The notice of intent (NOI) shall be in the form of a preliminary application that includes all of the information described in Section 65941.1.

(2) Upon receipt of a NOI, the Community Development Director 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 of the proposed development as required by Section 65913.4(b), as may be amended from time to time.

ATTACHMENT 2 - 12
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(3) After completing the NOI to submit an application for streamlined ministerial approval process (also referred to as SB 35 processing) and Tribal Consultati on process pursuant to Government Code Section 65913.4, subsection (b), an applicant may submit an application for streamlined ministerial approval processing to the City. The applicant must submit an SB 35 streamlined ministerial approval process application demonstrating the proposed project’s eligibility under California Government Code Section 65913.4. Once an application is submitted, the process set forth in subsections B-F, below, shall be followed.

B. COMMUNITY DEVELOPMENT DIRECTOR DETERMINATIONS FOR SB 35 AND AB 2011 APPLICATIONS

(1) The Community Development Director shall review the applications submitted pursuant to California Government Code Sections 65913.4 and 65912.100 as applicable and determine if a project is consistent with or conflicts with any of the objective zoning standards, objective subdivision standards, and objective design review standards applicable to the project. The Community Development Director’s review of the project shall be completed within 60 days of an application submittal for projects of 150 or fewer units, and 90 days for projects consisting of more than 150 units.

(2) If the City provides written comments as to any conflicts in the objective standards, or requests additional information to make such a determination, then the 60- or 90 -day timeline will restart upon submittal of a revised development application in response to such written notice. The City’s written comments shall specify the standard or standards with which the development conflicts and shall provide an explanation for the reason or reasons the development conflicts with that standard or standards, within the timeframe specified.

(3) If the application can be brought into compliance with minor changes to t he proposal, the City, in lieu of making detailed findings, will allow the applicant to correct any deficiencies within the timeframes noted subsection B(2) above.

(4) If the City fails to provide the required documentation determining consistency within these timeframes, the development shall be deemed to satisfy the City’s objective planning standards and shall be deemed consistent.

(5) The Community Development Director’s determination shall be forwarded to the City Council for Council consideration as part of the ministerial design review/public oversight process as provided for in subsection C, below, under California Government Code Sections 65913.4 and 65912.100.

C. CITY COUNCIL MINISTERIAL DESIGN REVIEW/PUBLIC OVERSIGHT FOR SB 35 AND AB 2011 APPLICATIONS

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The City Council, at a noticed public meeting, shall undertake ministerial design review and public oversight as provided for in California Government Code Sections 65913.4, 65912.114, and 65912.124. City Council review shall include review of the Community Development Director’s determination as outlined in subsection B above.

Furthermore, the City Council’s review under this process shall be objective and strictly focused on the project’s compliance with the criteria required for a s treamlined project pursuant to the California Government Code Sections 65913.4 and 65912.100, and consistency with City reasonable objective zoning standards, objective subdivision standards, and objective design review standards applicable to the project, which have been adopted prior to the applications submittal to the City and are applicable to other developments within the City.

The City Council’s review and a final determination on whether an application complies with the criteria under California Government Code Sections 65913.4 and 65912.100, and the reasonable objective zoning standards, objective subdivision standards, and objective design review standards applicable to the project must be completed in 90 days for projects with 150 or fewer units and 180 days for projects with more than 150 units, measured from the date of the application submittal.

The City Council’s ministerial review and public oversight process shall not in any way inhibit, chill or preclude the ministerial approval of the project if it is in compliance with criteria specified in Government Code Sections 65913.4 and 65912.100, and consistent with the objective zoning standards, objective subdivision standards, and objective design review standards applicable to the project.

D. SUBMISSION OF APPLICATION AND PAYMENT OF FEES FOR SB 35 AND AB 2011 APPLICATIONS

Application for development projects submitted pursuant to California Government Code Sections 65913.4 and 65812.100 shall be made as follows:

1 ) On forms furnished by the Community Development Director.

2) Signed by the owner of the property or his duly authorized agent and sworn to by declaration or before a notary public.

3) Filed with the Community Development Director.

4) Submitted with the City SB 35 or AB 2011 Checklist Application as may be amended from time to time to comply with changes to applicable State law.

5) Submitted with a payment of application fees based on the City adopted fee schedule.

6) Submitted with a Phase I Environmental Site Assessment (ESA) for sites identified by the Burbank Fire Department (the Fire Marshall) as having a history ATTACHMENT 2 - 14
ATTACHMENT 1-7

of hazardous materials use or storage and any associated follow-up environmental site assessment. Developer shall be responsible for any cost related to third party review of Phase I ESA.

7) When the Phase 1 ESA recommends further study including preparation of a Phase II ESA or any additional environmental site assessments , the developer shall submit the additional studies as a part of the application. The developer shall be responsible for any and all cost related to third party review of additional environmental documents.

E. NOTICE OF PUBLIC HEARING

The public hearing on an application hereunder shall be scheduled within the time frames provided for in subsection C, above. The City Clerk shall give notice of the hearing as follows:
1) Notice of the hearing shall contain the date, time and place of the hearing and the location and proposed development project seeking City approval.

2) Notice shall be published once in a newspaper of general circulation in the City at least ten (10) business days before the hearing.

3.) Notice shall also be mailed, postage prepaid, at least ten (10) business days before the hearing to owners of property and occupants within a radius of 1,000 feet of the exterior boundaries of the property of the proposed development project.

F. MODIFICATION

Applicant can request modification of approval after ministerial review and approval but prior to issuance of final building permit pursuant to California Government Code Section 65914.3, subsection(g). If the modification request falls within the parameters in Section 65913.4, subsection (g), (3) (A) or (B)1, then such modification shall be subject to review pursuant to Subsections B - E, above. Otherwise, the modification shall be reviewed by the Community Development Director to confirm compliance with California Government Code Section 65913.4.

10-1-19303: CHANGES TO STATE LAW

Notwithstanding any of the foregoing, any future amendments to Government Code Sections 65913.4 and/or 65912.100 or the Guidelines that conflict with any provision of this Division 12 shall supersede the conflicting provision in Division 12.

4. If any section, subsection, sentence, clause, phrase, or word of this Ordinance is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed and adopted this Ordinance, and each and all ATTACHMENT 2 - 15
ATTACHMENT 1-8

provisions hereof, irrespective of the fact that one or more provisions may be declared invalid.

5. This Ordinance shall become effective at 12:01 a.m. on the t hirty-first (31st) day after the date of adoption.

PASSED AND ADOPTED this day of , 2023.

__________________________
Konstantine Anthony
Mayor

Approved as to Form:

Attest: Office of the City Attorney

_________________________ By: _______________________ Kimberley Clark, City Clerk Joseph H. McDougall City Attorney

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.

CITY OF BURBANK )

I, K
imberley Clark, City Clerk of the City of Burbank, do hereby certify that the foregoing Ordinance No. _____ was duly and regularly passed and adopted by the Council of the City of Burbank at its regular meeting held on the day of , 2023, by the following vote:

AYES:

NOES:

ABSENT:

I further certify that said Synopsis was published as required by law in a newspaper of
general circulation in the City of Burbank, California within 14 days following of the ordinance’s adoption on .

_________________________
Kimberley Clark, City Clerk

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Eff.: ORDINANCE NO. ____________

AN ORDINANCE OF THE COUNCIL OF THE CITY OF BURBANK AMENDING TITLE 10, CHAPTER 1 (ZONING) IN ORDER TO AMEND THE STREAMLINED MINISTERIAL

REVIEW AND PUBLIC OVERSIGHT PROCESS FOR APPLICATIONS SUBMITTED

UNDER THE STREAMLINED MINISTERIAL APPROVAL PROCESS PURSUANT TO GOVERNMENT CODE SECTIONS 65913.4 and 65912.100. (Project No. 23-0001259)

City Attorney’s Synopsis

THE CITY COUNCIL OF THE CITY OF BURBANK FINDS, DETERMINES AND DECLARES THAT:

A. California Senate Bill 35 (“SB 35”) (Government Code Section 65913.4) was signed by Governor Jerry Brown on September 29, 201 7 and became effective January 1, 2018. SB 35 applies to cities and counties that have not made sufficient progress toward meeting their affordable housing goals for above- moderate and lower -income levels as mandated by the State. SB 35 requires cities and counties to streamline the review and approval of certain affordable housing projects by providing a ministerial process.

D. Assembly Bill 2011 (“AB 2011”) ( Government Code Section 65912.100) was signed by Governor Gavin Newsom on September 28, 2022 and will become effective on July 1, 2023. AB 2011 allows streamlined, ministerial review process for housing projects that meet certain objective standards and affordability and site criteria that is similar to SB 35 streamlined ministerial review process.

rounds of City Council review, an initial review for determination of site eligibility on receipt of a Notice of Intent (NOI) to submit a SB35 application, and a final City Council ministerial design review for the approval of SB 35 application.

H. This Ordinance shall be applicable to all pending and future applications submitted pursuant to Government Code Sections 65913.4 and 65912.100.

THE COUNCIL OF THE CITY OF BURBANK DOES ORDAIN AS FOLLOWS:

1. All the findings set forth above are true and correct and are incorporated herein as if restated in their entirety.

2. Section 10-1- 1909 of the Burbank Municipal Code, entitled “Submission of Development Review”, is amended by adding subsection E as follows:

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3. Article 19 of the Burbank Municipal Code, entitled “Zoning Procedures and Amendments”, is amended to include a new Division 12 as follows:

Division 12. Streamlined Ministerial Approval Process

10-1-19300: PURPOSE AND INTENT:

A. PURPOSE.

The City Council declares and finds all the following:

1. The California Legislature finds and declares that ensuring access to affordable housing is a matter of statewide concern.

2. Pursuant to Senate Bill (SB) 35 and Assembly Bill (AB) 2011, a development proponent may submit an application for a development that is subject to the streamlined, ministerial approval process provided by California Government Code Sections 65913.4 and 65912.100, and not be subject to a conditional use permit or any other discretionary local government review or approval.

3. The City Council shall undertake ministerial design review and public oversight as
provided for in SB 35 and AB 2011 (California Government Code Section s 65913.4(d), 65912.114, and 65912.124).

B. INTENT.

The intent of this Division is, to the extent permissible by law, establish a streamlined ministerial review and public oversight process for the City Council’s final review and approval of SB 35 and AB 2011 applications pursuant to the requirements in Califor nia Government Code Sections 65913.4 and 65912.100.

10-1-19301: DEFINITIONS:

“Application” means a submission requesting Streamlined Ministerial Approval pursuant to Government Code section 65913. 4 and the Guidelines, which contain information ATTACHMENT 2 - 19
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pursuant to Section 300(b) describing the development’s compliance with the criteria outlined in Article IV of the Guidelines.

“Ministerial processing” or “ministerial approval” means a process for developm ent approval involving little or no personal judgment by the public official as to the wisdom or manner of carrying out the project. The public official merely ensures that the proposed development meets all the "objective zoning standards," "objective subdivision standards," and "objective design review standards" in effect at the time that the application is submitted to the local government but uses no special discretion or judgment in reaching a decision.

“Objective zoning standard”, “objective subdivision standard”, and “objective design review standard” means 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 applicant or development proponent and the public official prior to submittal, and includes only such standards as are published and adopted by ordinance or resolution by a local jurisdiction before submission of a development application.

10-1-19302: STREAMLINED MINISTERIAL APPROVAL PROCESS
Development projects submitted pursuant to California Government Code Section 659

13.4 shall be reviewed in accordance with the procedures set forth in Subsection (b) of Section 65913.4, and development projects submitted pursuant to California Government Code Section 65912.100 shall be reviewed in accordance with the procedures set forth in Government Code Sections 65912.114 and 65912.124. a As such procedures may be amended from time to time, and as further set forth in this Division

12. A. NOTICE OF INTENT TO SUBMIT AN S
B 35 APPLICATION

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(3) The Community Development Director shall submit the NOI to the City Council within sixty (60) days of receipt of the NOI for City Council consideration of site eligibility requirements as noted in Section 65913.4, subsections (a)(2)(A-C).

(4) (3 ) After completing the NOI to submit an application for streamlined ministerial approval process (also referred to as SB 35 processing) and Tribal Consultation process pursuant to Government Code Section 65913.4, subsection (b), an applicant may submit an application for streamlined ministerial approval processing to the City. The applicant must submit a building permit application and an SB 35 streamlined ministerial approval process application demonstrating the proposed project’s eligibility under California Government Code Section 65913.4.

Once an application is submitted, the process set forth in subsections B-F, below, shall be followed.

B
. COMMUNITY DEVELOPMENT DIRECTOR DETERMINATIONS FOR SB 35 AND AB 2011 APPLICATIONS

(1) The Community Development Director shall review the applications s ubmitted hereunder pursuant to California Government Code Sections 65913.4 and 65912.100 as applicable and determine if thea project is consistent with or conflicts with any of the objective zoning standards, objective subdivision standards, and objective design review standards applicable to the project. The Community Development Director’s review of the project shall be completed within 60 days of an application submittal for projects of 150 or fewer units, and 90 days for projects consisting of more than 150 units.

(
2) If the City provides written comments as to any conflicts in the objective standards, or requests additional information to make such a determination, then the 60- or 90 -day timeline will restart upon submittal of a revised development application in response to such written notice. The City’s written comments shall specify the standard or standards with which the development conflicts and shall provide an explanation for the reason or reasons the development conflicts with that standard or standards, within the timeframe specified.

(5) The Community Development Director’s determination shall be forwarded to t
he City Council for Council consideration as part of the ministerial design review/public oversight process as provided for in subsection C, below, under California Government Code Sections 65913.4(d) and 65912.100.

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C. CITY COUNCIL MINISTERIAL DESIGN REVIEW/PUBLIC OVERSIGHT FOR SB 35 AND AB 2011 APPLICATIONS

The City Council, at a noticed public meeting, shall undertake ministerial design r
eview and public oversight as provided for in California Government Code Sections 65913.4(d), 65912.114, and 65912.124. City Council review shall include review of the Community Development Director’s determination as outlined in subsection B above.

Furthermore, the City Council’s review under this process shall be objective an d strictly focused on the project’s compliance with the criteria required for a streamlined project pursuant to the California Government Code Sections 65913.4 and 65912.100, and consistency with City reasonable objective zoning standards, objective subdivision standards, and objective design review standards applicable to the project, which have been adopted prior to the applications submittal to the City and are applicable to other developments within the City.

T
he City Council’s review and a final determination on whether an application complies with the criteria under California Government Code Sections 65913.4 and 65912.100, and the reasonable objective zoning standards, objective subdivision standards, and objective design review standards applicable to the project must be completed in 90 days for projects with 150 or fewer units and 180 days for projects with more than 150 units, measured from the date of the application submittal.

D. SUBMISSION OF APPLICATION AND PAYMENT OF FEES FOR SB 35 AND AB 2011 APPLICATIONS

Application for Dd evelopment projects submitted pursuant to California Government Code Sections 65913.4 and 65812.100 must submit the following materials to the Community Development Department’s Planning Division shall be made as follows:

1) On forms furnished by the Community Development Director.

2) Signed by the owner of the property or his duly authorized agent and sworn to by declaration or before a notary public.

3) Filed with the Community Development Director.

4) Submitted with the C ity SB 35 or AB 2011 Checklist Application as may be amended from time to time to comply with changes to applicable State law.

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5) Submitted with a Ppayment of applications fees based on the City adopted fee schedule.

6 ) Submitted with a Phase I Environmental Site Assessment (ESA) for sites identified by the Burbank Fire Department (the Fire Marshall) as having a history of hazardous materials use or storage and any associated follow-up environmental site assessment. Developer shall be responsible for any cost related to third party review of Phase I ESA.

E. NOTICE OF PUBLIC HEARING

The public hearing on an application hereunder shall be scheduled within the time frames provided for in subsection C, above. The City Clerk shall gi ve notice of the hearing as follows:
1) Notice of the hearing shall contain the date, time and place of the hearing and the location and proposed development project seeking City approval.

2) Notice shall be published once in a newspaper of general circulation in the City at least ten (10) business days before the hearing.

F. MODIFICATION

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10-1-19303: CHANGES TO STATE LAW

5. This Ordinance shall become effective at 12:01 a.m. on the thirty -first (31st) day after the date of adoption.

PASSED AND ADOPTED this day of , 2023.

__________________________
Konstantine Anthony
Mayor

Approved as to Form:

Attest: Office of the City Attorney

_________________________ By: _______________________ Kimberley Clark, City Clerk Joseph H. McDougall City Attorney

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.

CITY OF BURBANK )

I, K
imberley Clark, City Clerk of the City of B urbank, do hereby certify that the foregoing Ordinance No. _____ was duly and regularly passed and adopted by the Council of the City of Burbank at its regular meeting held on the day of , 2023, by the following vote:

AYES:

NOES:

ABSENT:

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I further certify that said Synopsis was published as required by law in a newspaper of general circulation in the City of Burbank, California within 14 days following of the ordinance’s adoption on .

_________________________
Kimberley Clark, City Clerk

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State of California

GOVERNMENT CODE
Section 65913.4
65913.4. (a) A development proponent may submit an application for a development that is subject to the streamlined, ministerial approval process provided by subdivision (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 de veloped
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 is zoned for office or retail commercial use and 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.

STATE OF CALIFORNIA

AUTHENTICATED

ELECTRONIC LEGAL MATERIAL
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(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 subparagraphs (A) and (B) below:
(A)  Is located in a locality that the department has determined is subject to this subparagraph on the basis that the number of units that have been issued building permits, as shown on the most recent production report received by the department, is less than the locality’s share of the regional housing needs, by income category, for that reporting period. A locality shall remain eligible under this subparagraph until the department’s 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 submit its latest production report to the department by the time period required by Section 65400, or that production report reflects that there were fewer units of above moderate-income housing 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 either of the following:
(I)
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.
(II)
(ia)  If the project is located within the San Francisco Bay area, the project, in lieu of complying with subclause (I), dedicates 20 percent of the total number of units, before calculating any density bonus, to housing affordable to households making below 120 percent of the area median income with the average income of the units at or below 100 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 120 percent of the area median income, or requires that any of the units be dedicated at a level deeper than 120 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 120 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 locality’s 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 ATTACHMENT 4-2
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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.
(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 granted 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:
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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)  A coastal zone, as defined in Division 20 (commencing with Section 30000) of the Public Resources Code.
(B)  Either prime farmland or farmland of statewide importance, as defined pursuant to United States Department of Agriculture land inventory and monitoring criteria, as modified for California, and designated on the maps prepared by the Farmland Mapping and Monitoring Program of the Department of Conservation, or land zoned or designated for agricultural protection or preservation by a local ballot measure that was approved by the voters of that jurisdiction.
(C)
Wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).
(D)  Within a very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to Section 51178, or within a high or very high fire hazard severity zone as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to Section 4202 of the Public Resources Code.

This subparagraph does not apply to sites excluded from the specified hazard zones by a local agency, pursuant to subdivision (b) of Section 51179, or sites that have adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development. (E) A hazardous waste site that is listed pursuant to Section 65962.5 or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Section 25356 of the Health and Safety Code, unless 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 ATTACHMENT 4-4
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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 ATTACHMENT 4-5
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(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 entity’s valid exercise of its police power.
(iii)  Housing that has been occupied by tenants within the past 10 years. (B)  The site was previously used for housing that was occupied by tenants that was demolished within 10 years before the development proponent submits an application under this section.
(C)
The development would require the demolition of a historic structure that was placed on a national, state, or local historic register. (D)  The property contains housing units that are occupied by tenants, and units at the property are, or were, subsequently offered for sale to the general public by the subdivider or subsequent owner of the property.
(8)
The development proponent has done both of the following, as applicable:
(A)  Certified to the locality that either of the following is true, as applicable:
(i)  The entirety of the development is a public work for purposes of Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code. (ii)  If the development is not in its entirety a public work, that all construction workers employed in the execution of the development will be paid at least the general prevailing rate of per diem wages for the type of work and geographic area, as determined by the Director of Industrial Relations pursuant to Sections 1773 and 1773.9 of the Labor Code, except that apprentices registered in programs approved by the Chief of the Division of Apprenticeship Standards may be paid at least the applicable apprentice prevailing rate. If the development is subject to this subparagraph, then for those portions of the development that are not a public work all of the following shall apply:
(I)
The development proponent shall ensure that the prevailing wage requirement is included in all contracts for the performance of the work. (II)  All contractors and subcontractors shall pay to all construction workers employed in the execution of the work at least the general prevailing rate of per diem wages, except that apprentices registered in programs approved by the Chief of the ATTACHMENT 4-6
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Division of Apprenticeship Standards may be paid at least the applicable apprentice prevailing rate.
(III)  Except as provided in subclause (V), all contractors and subcontractors shall maintain and verify payroll records pursuant to Section 1776 of the Labor Code and make those records available for inspection and copying as provided therein. (IV)
Except as provided in subclause (V), the obligation of the contractors and subcontractors to pay prevailing wages may be enforced by the Labor Commissioner through the issuance of a civil wage and penalty assessment pursuant to Section 1741 of the Labor Code, which may be reviewed pursuant to Section 1742 of the Labor Code, within 18 months after the completion of the development, by an underpaid worker through an administrative complaint or civil action, or by a joint labor-management committee through a civil action under Section 1771.2 of the Labor Code. If a civil wage and penalty assessment is issued, the contractor, subcontractor, and surety on a bond or bonds issued to secure the payment of wages covered by the assessment shall be liable for liquidated damages pursuant to Section 1742.1 of the Labor Code.
(V)
Subclauses (III) and (IV) shall not apply if all contractors and subcontractors performing work on the development are subject to a project labor agreement that requires the payment of prevailing wages to all construction workers employed in the execution of the development and provides for enforcement of that obligation through an arbitration procedure. For purposes of this clause, “project labor agreement” has the same meaning as set forth in paragraph (1) of subdivision (b) of Section 2500 of the Public Contract Code.
(VI)
Notwithstanding subdivision (c) of Section 1773.1 of the Labor Code, the requirement that employer payments not reduce the obligation to pay the hourly straight time or overtime wages found to be prevailing shall not apply if otherwise provided in a bona fide collective bargaining agreement covering the worker. The requirement to pay at least the general prevailing rate of per diem wages does not preclude use of an alternative workweek schedule adopted pursuant to Section 511 or 514 of the Labor Code.
(B)  (i)  For developments for which any of the following conditions apply, certified that a skilled and trained workforce shall be used to complete the development if the application is approved:
(I)  On and after January 1, 2018, until December 31, 2021, the development consists of 75 or more units with a residential component that is not 100 percent subsidized affordable housing and will be located within a jurisdiction located in a coastal or bay county with a population of 225,000 or more.
(II)
On and after January 1, 2022, until December 31, 2025, the development consists of 50 or more units with a residential component that is not 100 percent subsidized affordable housing and will be located within a jurisdiction located in a coastal or bay county with a population of 225,000 or more. (III)
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subsidized affordable housing and will be located within a jurisdiction with a population of fewer than 550,000 and that is not located in a coastal or bay county. (IV)  On and after January 1, 2020, until December 31, 2021, the development consists of more than 50 units with a residential component that is not 100 percent subsidized affordable housing and will be located within a jurisdiction with a population of fewer than 550,000 and that is not located in a coastal or bay county. (V)
On and after January 1, 2022, until December 31, 2025, the development consists of more than 25 units with a residential component that is not 100 percent subsidized affordable housing and will be located within a jurisdiction with a population of fewer than 550,000 and that is not located in a coastal or bay county. (ii)
For purposes of this section, “skilled and trained workforce” has the same meaning as provided in Chapter 2.9 (commencing with Section 2600) of Part 1 of Division 2 of the Public Contract Code.
(iii)  If the development proponent has certified that a skilled and trained workforce will be used to complete the development and the application is approved, the following shall apply:
(I)
The applicant shall require in all contracts for the performance of work that every contractor and subcontractor at every tier will individually use a skilled and trained workforce to complete the development.
(II)
Every contractor and subcontractor shall use a skilled and trained workforce to complete the development.
(III)  Except as provided in subclause (IV), the applicant shall provide to the locality, on a monthly basis while the development or contract is being performed, a report demonstrating compliance with Chapter 2.9 (commencing with Section 2600) of Part 1 of Division 2 of the Public Contract Code. A monthly report provided to the locality pursuant to this subclause shall be a public record under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1) and shall be open to public inspection. An applicant that fails to provide a monthly report demonstrating compliance with Chapter 2.9 (commencing with Section 2600) of Part 1 of Division 2 of the Public Contract Code shall be subject to a civil penalty of ten thousand dollars ($10,000) per month for each month for which the report has not been provided. Any contractor or subcontractor that fails to use a skilled and trained workforce shall be subject to a civil penalty of two hundred dollars ($200) per day for each worker employed in contravention of the skilled and trained workforce requirement. Penalties may be assessed by the Labor Commissioner within 18 months of completion of the development using the same procedures for issuance of civil wage and penalty assessments pursuant to Section 1741 of the Labor Code, and may be reviewed pursuant to the same procedures in Section 1742 of the Labor Code. Penalties shall be paid to the State Public Works Enforcement Fund.
(IV)  Subclause (III) shall not apply if all contractors and subcontractors performing work on the development are subject to a project labor agreement that requires compliance with the skilled and trained workforce requirement and provides for enforcement of that obligation through an arbitration procedure. For purposes of this ATTACHMENT 4-8
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subparagraph, “project labor agreement” has the same meaning as set forth in paragraph (1) of subdivision (b) of Section 2500 of the Public Contract Code. (C)  Notwithstanding subparagraphs (A) and (B), a development that is subject to approval pursuant to this section is exempt from any requirement to pay prevailing wages or use a skilled and trained workforce if it meets both of the following:
(i)
The project includes 10 or fewer units.
(ii)  The project is not a public work for purposes of Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code. (9)  The development did not or does not involve a subdivision of a parcel that is, or, notwithstanding this section, would otherwise be, subject to the Subdivision Map Act (Division 2 (commencing with Section 66410)) or any other applicable law authorizing the subdivision of land, unless the development is consistent with all objective subdivision standards in the local subdivision ordinance, and either of the following apply:
(A)
The development has received or will receive financing or funding by means of a low-income housing tax credit and is subject to the requirement that prevailing wages be paid pursuant to subparagraph (A) of paragraph (8). (B)
The development is subject to the requirement that prevailing wages be paid, and a skilled and trained workforce used, pursuant to paragraph (8). (10)  The development shall not be upon an existing parcel of land or site that is governed under the Mobilehome Residency Law (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2 of Division 2 of the Civil Code), the Recreational Vehicle Park Occupancy Law (Chapter 2.6 (commencing with Section 799.20) of Title 2 of Part 2 of Division 2 of the Civil Code), the Mobilehome Parks Act (Part

2.1 (commencing with Section 18200) of Division 13 of the Health and Safety Code), or the Special Occupancy Parks Act (Part 2.3 (commencing with Section 18860) of Division 13 of the Health and Safety Code).
(b)
(1) (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:

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(I)  The local government shall provide a formal notice of a development proponent’s 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.

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(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:

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(A)  A California Native American tribe that received a formal notice of the development proponent’s 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).

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(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 party’s 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) If a local government 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, it shall approve the development. If a local government determines that a development submitted pursuant to this section is in conflict with any of the objective planning standards specified in subdivision (a), it shall provide the development proponent written documentation of which standard or standards the development conflicts with, and an explanation for the reason or reasons the development conflicts with that standard or standards, as follows:
(A)
Within 60 days of submittal of the development to the local government pursuant to this section if the development contains 150 or fewer housing units. (B) Within 90 days of submittal of the development to the local government pursuant to this section if the development contains more than 150 housing units.

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(2)  If the local government fails to provide the required documentation pursuant to paragraph (1), the development shall be deemed to satisfy the objective planning standards specified in subdivision (a).
(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 (g), 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.
(d)
(1)  Any design review or public oversight of the development may be conducted by the local government’s planning commission or any equivalent board or commission responsible for review and approval of development projects, or the city council or board of supervisors, as appropriate. That design review or public oversight shall be objective and be strictly focused on assessing compliance with criteria required for streamlined projects, as well as any reasonable objective design standards published and adopted by ordinance or resolution by a local jurisdiction before submission of a development application, and shall be broadly applicable to development within the jurisdiction. That design review or public oversight shall be completed, 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)
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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)
(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 (g), 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.

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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. (g)  (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 (l) 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 proponent’s 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 by 15 percent or more. The calculation of the square footage of construction changes 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 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 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 ATTACHMENT 4-16
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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 government’s 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 development’s consistency with the objective planning standards and shall not reconsider prior determinations that are not affected by the modification. (h)
(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.

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(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. (i)  (1)  This section shall not affect a development proponent’s 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. (j)
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. (k)
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.

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(2)  (A)  Subject to the qualification provided by subparagraph (B), “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. (3)  “Department” means the Department of Housing and Community Development. (4)
“Development proponent” means the developer who submits an application for streamlined approval 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)
“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.
(7)
“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. (8)
“Production report” means the information reported pursuant to subparagraph (H) of paragraph (2) of subdivision (a) of Section 65400. (9)  “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.
(10)
“Subsidized” means units that are price or rent restricted such that the units are affordable to households meeting the definitions of very low and lower income, as defined in Sections 50079.5 and 50105 of the Health and Safety Code. (11)
“Reporting period” means either of the following:
(A)  The first half of the regional housing needs assessment cycle. (B)  The last half of the regional housing needs assessment cycle. (12)  “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.
(
l)  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.

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(m) 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. (n) 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.
(o)
This section shall remain in effect only until January 1, 2026, and as of that date is repealed.
(Amended by Stats. 2022, Ch. 659, Sec. 2.5. (SB 6) Effective January 1, 2023. Repealed as of January 1, 2026, by its own provisions. )
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Assembly Bill No. 2011
CHAPTER 647
An act to amend Sections 65400 and 65585 of, and to add and repeal Chapter 4.1 (commencing with Section 65912.100) of Division 1 of Title 7 of, the Government Code, relating to housing.
[Approved by Governor September 28, 2022. Filed with
Secretary of State September 28, 2022.]
legislative counsel’s digest
AB 2011, Wicks. Affordable Housing and High Road Jobs Act of 2022.

The Planning and Zoning La
w authorizes a development proponent to
submit an application for a multifamily housing development that is subject to a streamlined, ministerial approval process and not subject to a conditional use permit if the development satisfies specified objective planning standards.

This bill would create the Affordable Housing and High Road Jobs Act of 2022, which would authorize a development proponent to submit an application for a housing development that meets specified objective standards and affordability and site criteria, including being located within a zone where office, retail, or parking are a principally permitted use, and would make the development a use by right and subject to one of 2 streamlined, ministerial review processes. The bill would require a development proponent for a housing development project approved pursuant to the streamlined, ministerial review process to require, in contracts with construction contractors, that certain wage and labor standards will be met, including a requirement that all construction workers be paid at least the general prevailing rate of wages, as specified. The bill would require a development proponent to certify to the local government that those standards will be met in project construction. By expanding the crime of perjury, the bill would impose a state-mandated local program.

This bill would require the Labor Commissioner to enforce the obligation to pay prevailing wages. The bill would require a development proponent for a development of 50 or more housing units approved by a local government pursuant to the above-described provisions to require construction contractors to participate in an apprenticeship program or request dispatch of apprentices from a state-approved apprenticeship program, and to make specified health care expenditures for construction craft employees. The bill would require the development proponent to certify compliance with those requirements to the local government and to report monthly to the local government that they are in compliance with those requirements. The bill would subject the development proponent and the construction contractors and subcontractors to specified civil penalties for 90 STATE OF CALIFORNIA

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failing to comply with those requirements, and would require the penalty funds to be deposited in the State Public Works Enforcement Fund. The bill would prohibit a local government from imposing any requirement, including increased fees, on the basis that the project is eligible to receive ministerial or streamlined approval. Because the bill would impose new duties on local governments, the bill would impose a state-mandated local program.

This bill would require the Department of Housing and Community Development to undertake specified studies of the outcomes of the Affordable Housing and High Road Jobs Act of 2022, to publish reports on the findings of those studies, to post the reports on its internet website, and to submit the reports to the Legislature.

This bill would repeal the provisions of the Affordable Housing and High Road Jobs Act of 2022 on January 1, 2033.

The Planning and Zoning Law requires a city or county to adopt a general plan for land use development within its boundaries that includes, among other things, a housing element. The law also requires a planning agency to provide a specified annual report after the legislative body has adopted all or part of a general plan.

This bill would require the annual report to include specified information about applications for housing developments submitted pursuant to the Affordable Housing and High Road Jobs Act of 2022.

The Planning and Zoning Law also requires the Department of Housing and Community Development to notify the city, county, or city and county, and authorizes the department to notify the Attorney General, that the city, county, or city and county is in violation of state law if the department finds that the housing element or an amendment to that element, or any specified action or failure to act, does not substantially comply with the law as it pertains to housing elements or that any local government has taken an action in violation of certain housing laws.

This bill would add the Affordable Housing and High Road Jobs Act of 2022 to that list of housing laws.

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.

CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. CEQA does not apply to the approval of ministerial projects.

This bill would define “use by right” for purposes of the Affordable Housing and High Road Jobs Act of 2022, in part, as a development project that is not a project for purposes of CEQA, and the approval process established by this bill would be ministerial in nature, thereby exempting the approval of development projects subject to that approval process from CEQA.
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This bill would incorporate additional changes to Section 65400 of the Government Code proposed by AB 1743, AB 2094, and AB 2653, to be operative only if this bill and any one or a combination of AB 1743, AB 2094, and AB 2653, are enacted, and this bill is enacted last, as described.

This bill would incorporate additional changes to Section 65585 of the Government Code proposed by AB 2097 and AB 2653 to be operative only if this bill and either or both of AB 2097 and AB 2653 are enacted, and this bill is enacted last, as described.

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 with regard to certain mandates no reimbursement is required by this act for a specified reason.

With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

This bill would make its provisions operative on July 1, 2023.

The people of the State of California do enact as follows:

SECTION 1.

Section 65400 of the Government Code is amended to
read:
65400. (a)  After the legislative body has adopted all or part of a general plan, the planning agency shall do both of the following:
(1)  Investigate and make recommendations to the legislative body re
garding reasonable and practical means for implementing the general plan or element of the general plan, so that it will serve as an effective guide for orderly growth and development, preservation and conservation of open-space land and natural resources, and the efficient expenditure of public funds relating to the subjects addressed in the general plan. (2)  Provide by April 1 of each year an annual report to the legislative body
, the Office of Planning and Research, and the Department of Housing and Community Development that includes all of the following:
(A)  The status of the plan and progress in its implementation. (B)
(i)  The progress in meeting its share of regional housing needs determined pursuant to Section 65584 and local ef
forts to remove
governmental constraints to the maintenance, improvement, and development of housing pursuant to paragraph (3) of subdivision (c) of Section 65583. (ii)  The housing element portion of the annual report, as required by this paragraph, shall be prepared through the use of standards, forms, and definitions adopted by the Department of Housing and Community De
velopment. The department may review, adopt, amend, and repeal the standards, forms, or definitions, to implement this article. Any standards, forms, or definitions adopted to implement this article shall not be subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of 90 Ch.
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Title 2. Before and after adoption of the forms, the housing element portion of the annual report shall include a section that describes the actions taken by the local government towards completion of the programs and status of the local government’s compliance with the deadlines in its housing element.

That report shall be considered at an annual public meeting before the legislative body where members of the public shall be allowed to provide oral testimony and written comments.
(iii)  The report may include the number of units that have been completed pursuant to subdivision (c) of Section 65583.1. For purposes of this paragraph, committed assistance may be executed throughout the planning period, and the program under paragraph (1) of subdivision (c) of Section 65583.1 shall not be required. The report shall document how the units meet the standards set forth in that subdivision.
(iv)  The planning agency shall include the number of units in a student housing de
velopment for lower income students for which the developer of the student housing development was granted a density bonus pursuant to subparagraph (F) of paragraph (1) of subdivision (b) of Section 65915. (C)  The number of housing development applications received in the prior year
.
(D)  The number of units included in all development applications in the prior year
.
(E)  The number of units approved and disapproved in the prior year. (F)
The degree to which its approved general plan complies with the guidelines de
veloped and adopted pursuant to Section 65040.2 and the date of the last revision to the general plan.
(G)  A listing of sites rezoned to accommodate that portion of the city’s or county’
s share of the regional housing need for each income level that could not be accommodated on sites identified in the inventory required by paragraph (1) of subdivision (c) of Section 65583 and Section 65584.09.

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number of units including both rental housing and for-sale housing by area median income category constructed using the process provided for in subdivision (c) of Section 65913.4.
(J)  If the city or county has received funding pursuant to the Local Go
vernment Planning Support Grants Program (Chapter 3.1 (commencing with Section 50515) of Part 2 of Division 31 of the Health and Safety Code), the information required pursuant to subdivision (a) of Section 50515.04 of the Health and Safety Code.
(K)  The progress of the city or county in adopting or amending its general plan or local open-space element in compliance with its obligations to consult with California Native American tribes, and to identify and protect, preserve, and mitigate impacts to places, features, and objects described in Sections 5097.9 and 5097.993 of the Public Resources Code, pursuant to Chapter 905 of the Statutes of 2004.
(L)  The following information with respect to density bonuses granted in accordance with Section 65915:
(i)
The number of density bonus applications received by the city or county
.
(ii)  The number of density bonus applications approved by the city or county
.
(iii)  Data from a sample of projects, selected by the planning agency, appro
ved to receive a density bonus from the city or county, including, but not limited to, the percentage of density bonus received, the percentage of affordable units in the project, the number of other incentives or concessions granted to the project, and any waiver or reduction of parking standards for the project.
(M)  The following information with respect to each application submitted pursuant to Chapter 4.1 (commencing with Section 65912.100):
(i)  The location of the project.
(ii)
The status of the project, including whether it has been entitled, whether a b
uilding permit has been issued, and whether or not it has been completed.
(iii)  The number of units in the project.
(i
v)  The number of units in the project that are rental housing. (v)
The number of units in the project that are for-sale housing. (vi)
The household income category of the units, as determined pursuant to subdi
vision (f) of Section 65584.
(b)  If a court finds, upon a motion to that effect, that a city, county, or city and county f
ailed to submit, within 60 days of the deadline established in this section, the housing element portion of the report required pursuant to subparagraph (B) of paragraph (2) of subdivision (a) that substantially complies with the requirements of this section, the court shall issue an order or judgment compelling compliance with this section within 60 days. If the city, county, or city and county fails to comply with the court’s order within 60 days, the plaintiff or petitioner may move for sanctions, and the court may, upon that motion, grant appropriate sanctions. The court shall retain jurisdiction to ensure that its order or judgment is carried out. If the court 90 Ch.
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determines that its order or judgment is not carried out within 60 days, the court may issue further orders as provided by law to ensure that the purposes and policies of this section are fulfilled. This subdivision applies to proceedings initiated on or after the first day of October following the adoption of forms and definitions by the Department of Housing and Community Development pursuant to paragraph (2) of subdivision (a), but no sooner than six months following that adoption.
(c) The Department of Housing and Community Development shall post a report submitted pursuant to this section on its internet website within a reasonable time of recei
ving the report.

SEC. 1.1. Section 65400 of the Government Code is amended to read:
65400. (a)  After the legislative body has adopted all or part of a general plan, the planning agency shall do both of the following:
(1)  Investigate and make recommendations to the legislative body re
garding reasonable and practical means for implementing the general plan or element of the general plan, so that it will serve as an effective guide for orderly growth and development, preservation and conservation of open-space land and natural resources, and the efficient expenditure of public funds relating to the subjects addressed in the general plan. (2)  Provide by April 1 of each year an annual report to the legislative body
, the Office of Planning and Research, and the Department of Housing and Community Development that includes all of the following:
(A)  The status of the plan and progress in its implementation. (B)
(i)  The progress in meeting its share of regional housing needs determined pursuant to Section 65584 and local ef
forts to remove
governmental constraints to the maintenance, improvement, and development of housing pursuant to paragraph (3) of subdivision (c) of Section 65583. (ii)  The housing element portion of the annual report, as required by this paragraph, shall be prepared through the use of standards, forms, and definitions adopted by the Department of Housing and Community De
velopment. The department may review, adopt, amend, and repeal the standards, forms, or definitions, to implement this article. Any standards, forms, or definitions adopted to implement this article shall not be subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2. Before and after adoption of the forms, the housing element portion of the annual report shall include a section that describes the actions taken by the local government towards completion of the programs and status of the local government’s compliance with the deadlines in its housing element.

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(iv)  The planning agency shall include the number of units in a student housing de
velopment for lower income students for which the developer of the student housing development was granted a density bonus pursuant to subparagraph (F) of paragraph (1) of subdivision (b) of Section 65915. (C)  The number of housing development applications received in the prior year
, including whether each housing development application is subject to a ministerial or discretionary approval process. (D)  The number of units included in all development applications in the prior year
.
(E)  The number of units approved and disapproved in the prior year. (F)
The degree to which its approved general plan complies with the guidelines de
veloped and adopted pursuant to Section 65040.2 and the date of the last revision to the general plan.
(G)  A listing of sites rezoned to accommodate that portion of the city’s or county’
s share of the regional housing need for each income level that could not be accommodated on sites identified in the inventory required by paragraph (1) of subdivision (c) of Section 65583 and Section 65584.09.

The listing of sites shall also include any additional sites that may have been required to be identified by Section 65863.
(H)  (i)  The number of net new units of housing, including both rental housing and for
-sale housing, that have been issued a completed entitlement, a building permit, or a certificate of occupancy, thus far in the housing element cycle, and the income category, by area median income category, that each unit of housing satisfies. That production report shall do the following:
(I)  For each income category described in this subparagraph, distinguish between the number of rental housing units and the number of for -sale units
that satisfy each income category.
(II)  For each entitlement, building permit, or certificate of occupancy, include a unique site identifier that must include the assessor’ s parcel
number, but may also include street address, or other identifiers. (ii)  For the County of Napa and the City of Napa, the production report may report units identified in the agreement entered into pursuant to Section 65584.08.
(I)
The number of applications submitted pursuant to subdivision (a) of Section 65913.4, the location and the total number of de velopments approved
pursuant to subdivision (c) of Section 65913.4, the total number of building permits issued pursuant to subdivision (c) of Section 65913.4, the total number of units including both rental housing and for-sale housing by area median income category constructed using the process provided for in subdivision (c) of Section 65913.4.
(J)  If the city or county has received funding pursuant to the Local Go
vernment Planning Support Grants Program (Chapter 3.1 (commencing with Section 50515) of Part 2 of Division 31 of the Health and Safety Code), the information required pursuant to subdivision (a) of Section 50515.04 of the Health and Safety Code.
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(K)  The progress of the city or county in adopting or amending its general plan or local open-space element in compliance with its obligations to consult with California Native American tribes, and to identify and protect, preserve, and mitigate impacts to places, features, and objects described in Sections 5097.9 and 5097.993 of the Public Resources Code, pursuant to Chapter 905 of the Statutes of 2004.
(L)  The following information with respect to density bonuses granted in accordance with Section 65915:
(i)
The number of density bonus applications received by the city or county
.
(ii)  The number of density bonus applications approved by the city or county
.
(iii)  Data from a sample of projects, selected by the planning agency, appro
ved to receive a density bonus from the city or county, including, but not limited to, the percentage of density bonus received, the percentage of affordable units in the project, the number of other incentives or concessions granted to the project, and any waiver or reduction of parking standards for the project.
(M)  The following information with respect to each application submitted pursuant to Chapter 4.1 (commencing with Section 65912.100):
(i)  The location of the project.
(ii)
The status of the project, including whether it has been entitled, whether a b
uilding permit has been issued, and whether or not it has been completed.
(iii)  The number of units in the project.
(i
v)  The number of units in the project that are rental housing. (v)
The number of units in the project that are for-sale housing. (vi)
The household income category of the units, as determined pursuant to subdi
vision (f) of Section 65584.
(b)  If a court finds, upon a motion to that effect, that a city, county, or city and county f
ailed to submit, within 60 days of the deadline established in this section, the housing element portion of the report required pursuant to subparagraph (B) of paragraph (2) of subdivision (a) that substantially complies with the requirements of this section, the court shall issue an order or judgment compelling compliance with this section within 60 days. If the city, county, or city and county fails to comply with the court’s order within 60 days, the plaintiff or petitioner may move for sanctions, and the court may, upon that motion, grant appropriate sanctions. The court shall retain jurisdiction to ensure that its order or judgment is carried out. If the court determines that its order or judgment is not carried out within 60 days, the court may issue further orders as provided by law to ensure that the purposes and policies of this section are fulfilled. This subdivision applies to proceedings initiated on or after the first day of October following the adoption of forms and definitions by the Department of Housing and Community Development pursuant to paragraph (2) of subdivision (a), but no sooner than six months following that adoption.
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(c) The Department of Housing and Community Development shall post a report submitted pursuant to this section on its internet website within a reasonable time of recei
ving the report.

SEC. 1.2. Section 65400 of the Government Code is amended to read:
65400. (a)  After the legislative body has adopted all or part of a general plan, the planning agency shall do both of the following:
(1)  Investigate and make recommendations to the legislative body re
garding reasonable and practical means for implementing the general plan or element of the general plan, so that it will serve as an effective guide for orderly growth and development, preservation and conservation of open-space land and natural resources, and the efficient expenditure of public funds relating to the subjects addressed in the general plan. (2)  Provide by April 1 of each year an annual report to the legislative body
, the Office of Planning and Research, and the Department of Housing and Community Development that includes all of the following:
(A)  The status of the plan and progress in its implementation. (B)
(i)  The progress in meeting its share of regional housing needs determined pursuant to Section 65584, including the need for e xtremely
low income households, as determined pursuant to paragraph (1) of subdivision (a) of Section 65583, and local efforts to remove governmental constraints to the maintenance, improvement, and development of housing pursuant to paragraph (3) of subdivision (c) of Section 65583. (ii)  The housing element portion of the annual report, as required by this paragraph, shall be prepared through the use of standards, forms, and definitions adopted by the Department of Housing and Community De
velopment. The department may review, adopt, amend, and repeal the standards, forms, or definitions, to implement this article. Any standards, forms, or definitions adopted to implement this article shall not be subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2. Before and after adoption of the forms, the housing element portion of the annual report shall include a section that describes the actions taken by the local government towards completion of the programs and status of the local government’s compliance with the deadlines in its housing element.

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(C)  The number of housing development applications received in the prior year
.
(D)  The number of units included in all development applications in the prior year
.
(E)  The number of units approved and disapproved in the prior year. (F)
The degree to which its approved general plan complies with the guidelines de
veloped and adopted pursuant to Section 65040.2 and the date of the last revision to the general plan.
(G)  A listing of sites rezoned to accommodate that portion of the city’s or county’
s share of the regional housing need for each income level that could not be accommodated on sites identified in the inventory required by paragraph (1) of subdivision (c) of Section 65583 and Section 65584.09.

The listing of sites shall also include any additional sites that may have been required to be identified by Section 65863.
(H)  The number of net new units of housing, including both rental housing and for-sale housing and any units that the County of Napa or the City of Napa may report pursuant to an agreement entered into pursuant to Section 65584.08, that have been issued a completed entitlement, a building permit, or a certificate of occupancy, thus far in the housing element cycle, and the income category, by area median income category, that each unit of housing satisfies. That production report shall, for each income category described in this subparagraph, distinguish between the number of rental housing units and the number of for-sale units that satisfy each income category. The production report shall include, for each entitlement, building permit, or certificate of occupancy, a unique site identifier that must include the assessor’s parcel number, but may include street address, or other identifiers. (I)  The number of applications submitted pursuant to subdivision (a) of Section 65913.4, the location and the total number of de velopments approved
pursuant to subdivision (c) of Section 65913.4, the total number of building permits issued pursuant to subdivision (c) of Section 65913.4, the total number of units including both rental housing and for-sale housing by area median income category constructed using the process provided for in subdivision (c) of Section 65913.4.
(J)  If the city or county has received funding pursuant to the Local Go
vernment Planning Support Grants Program (Chapter 3.1 (commencing with Section 50515) of Part 2 of Division 31 of the Health and Safety Code), the information required pursuant to subdivision (a) of Section 50515.04 of the Health and Safety Code.
(K)  The progress of the city or county in adopting or amending its general plan or local open-space element in compliance with its obligations to consult with California Native American tribes, and to identify and protect, preserve, and mitigate impacts to places, features, and objects described in Sections 5097.9 and 5097.993 of the Public Resources Code, pursuant to Chapter 905 of the Statutes of 2004.
(L)  The following information with respect to density bonuses granted in accordance with Section 65915:
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(i)  The number of density bonus applications received by the city or county
.
(ii)  The number of density bonus applications approved by the city or county
.
(iii)  Data from a sample of projects, selected by the planning agency, appro
ved to receive a density bonus from the city or county, including, but not limited to, the percentage of density bonus received, the percentage of affordable units in the project, the number of other incentives or concessions granted to the project, and any waiver or reduction of parking standards for the project.
(M)  The following information with respect to each application submitted pursuant to Chapter 4.1 (commencing with Section 65912.100):
(i)  The location of the project.
(ii)
The status of the project, including whether it has been entitled, whether a b
uilding permit has been issued, and whether or not it has been completed.
(iii)  The number of units in the project.
(i
v)  The number of units in the project that are rental housing. (v)
The number of units in the project that are for-sale housing. (vi)
The household income category of the units, as determined pursuant to subdi
vision (f) of Section 65584.
(b)  If a court finds, upon a motion to that effect, that a city, county, or city and county f
ailed to submit, within 60 days of the deadline established in this section, the housing element portion of the report required pursuant to subparagraph (B) of paragraph (2) of subdivision (a) that substantially complies with the requirements of this section, the court shall issue an order or judgment compelling compliance with this section within 60 days. If the city, county, or city and county fails to comply with the court’s order within 60 days, the plaintiff or petitioner may move for sanctions, and the court may, upon that motion, grant appropriate sanctions. The court shall retain jurisdiction to ensure that its order or judgment is carried out. If the court determines that its order or judgment is not carried out within 60 days, the court may issue further orders as provided by law to ensure that the purposes and policies of this section are fulfilled. This subdivision applies to proceedings initiated on or after the first day of October following the adoption of forms and definitions by the Department of Housing and Community Development pursuant to paragraph (2) of subdivision (a), but no sooner than six months following that adoption.
(c)  The Department of Housing and Community Development shall post a report submitted pursuant to this section on its internet website within a reasonable time of recei
ving the report.

SEC. 1.3. Section 65400 of the Government Code is amended to read:
65400. (a) After the legislative body has adopted all or part of a general plan, the planning agency shall do both of the following:
(1) Investigate and make recommendations to the legislative body re
garding reasonable and practical means for implementing the general plan or element of the general plan so that it will serve as an effective guide for 90 Ch. 647 — 11 —

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orderly growth and development, preservation and conservation of open-space land and natural resources, and the efficient expenditure of public funds relating to the subjects addressed in the general plan. (2)  Provide by April 1 of each year an annual report to the legislative body
, the Office of Planning and Research, and the Department of Housing and Community Development that includes all of the following:
(A)  The status of the plan and progress in its implementation. (B)
(i)  The progress in meeting its share of regional housing needs determined pursuant to Section 65584 and local ef
forts to remove
governmental constraints to the maintenance, improvement, and development of housing pursuant to paragraph (3) of subdivision (c) of Section 65583. (ii)  The housing element portion of the annual report, as required by this paragraph, shall be prepared through the use of standards, forms, and definitions adopted by the Department of Housing and Community De
velopment. The department may review, adopt, amend, and repeal the standards, forms, or definitions to implement this article. Any standards, forms, or definitions adopted to implement this article shall not be subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2. Before and after adoption of the forms, the housing element portion of the annual report shall include a section that describes the actions taken by the local government towards completion of the programs and status of the local government’s compliance with the deadlines in its housing element.

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The listing of sites shall also include any additional sites that may have been required to be identified by Section 65863.
(H)  The number of units of housing demolished and new units of housing, including both rental housing and for-sale housing and any units that the County of Napa or the City of Napa may report pursuant to an agreement entered into pursuant to Section 65584.08, that have been issued a completed entitlement, a building permit, or a certificate of occupancy, thus far in the housing element cycle, and the income category, by area median income category, that each unit of housing satisfies. That production report shall, for each income category described in this subparagraph, distinguish between the number of rental housing units and the number of for-sale units that satisfy each income category. The production report shall include, for each entitlement, building permit, or certificate of occupancy, a unique site identifier that must include the assessor’s parcel number, but may include street address, or other identifiers.
(I)  The number of applications submitted pursuant to subdivision (a) of Section 65913.4, the location and the total number of de velopments approved
pursuant to subdivision (c) of Section 65913.4, the total number of building permits issued pursuant to subdivision (c) of Section 65913.4, the total number of units including both rental housing and for-sale housing by area median income category constructed using the process provided for in subdivision (c) of Section 65913.4.
(J)  If the city or county has received funding pursuant to the Local Go
vernment Planning Support Grants Program (Chapter 3.1 (commencing with Section 50515) of Part 2 of Division 31 of the Health and Safety Code), the information required pursuant to subdivision (a) of Section 50515.04 of the Health and Safety Code.
(K)  The progress of the city or county in adopting or amending its general plan or local open-space element in compliance with its obligations to consult with California Native American tribes, and to identify and protect, preserve, and mitigate impacts to places, features, and objects described in Sections 5097.9 and 5097.993 of the Public Resources Code, pursuant to Chapter 905 of the Statutes of 2004.
(L)  The following information with respect to density bonuses granted in accordance with Section 65915:
(i)
The number of density bonus applications received by the city or county
.
(ii)  The number of density bonus applications approved by the city or county
.
(iii)  Data from all projects approved to receive a density bonus from the city or county
, including, but not limited to, the percentage of density bonus received, the percentage of affordable units in the project, the number of other incentives or concessions granted to the project, and any waiver or reduction of parking standards for the project.
(M)  The following information with respect to each application submitted pursuant to Chapter 4.1 (commencing with Section 65912.100):
(i)  The location of the project.
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(ii)  The status of the project, including whether it has been entitled, whether a b
uilding permit has been issued, and whether or not it has been completed.
(iii)  The number of units in the project.
(i
v)  The number of units in the project that are rental housing. (v)
The number of units in the project that are for-sale housing. (vi)
The household income category of the units, as determined pursuant to subdi
vision (f) of Section 65584.
(b)  (1)  (A)  The department may request corrections to the housing element portion of an annual report submitted pursuant to paragraph (2) of subdi
vision (a) within 90 days of receipt. A planning agency shall make the requested corrections within 30 days after which the department may reject the report if the report is not in substantial compliance with the requirements of that paragraph.
(B)  If the department rejects the housing element portion of an annual report as authorized by subparagraph (A), the department shall pro vide the
reasons the report is inconsistent with paragraph (2) of subdivision (a) to the planning agency in writing.
(2)  If a court finds, upon a motion to that effect, that a city, county, or city and county f
ailed to submit, within 60 days of the deadline established in this section, the housing element portion of the report required pursuant to subparagraph (B) of paragraph (2) of subdivision (a) that substantially complies with the requirements of this section, the court shall issue an order or judgment compelling compliance with this section within 60 days. If the city, county, or city and county fails to comply with the court’s order within 60 days, the plaintiff or petitioner may move for sanctions, and the court may, upon that motion, grant appropriate sanctions. The court shall retain jurisdiction to ensure that its order or judgment is carried out. If the court determines that its order or judgment is not carried out within 60 days, the court may issue further orders as provided by law to ensure that the purposes and policies of this section are fulfilled. This subdivision applies to proceedings initiated on or after the first day of October following the adoption of forms and definitions by the Department of Housing and Community Development pursuant to paragraph (2) of subdivision (a), but no sooner than six months following that adoption.
(c)  The Department of Housing and Community Development shall post a report submitted pursuant to this section on its internet website within a reasonable time of recei
ving the report.

SEC. 1.4. Section 65400 of the Government Code is amended to read:
65400. (a) After the legislative body has adopted all or part of a general plan, the planning agency shall do both of the following:
(1) Investigate and make recommendations to the legislative body re
garding reasonable and practical means for implementing the general plan or element of the general plan, so that it will serve as an effective guide for orderly growth and development, preservation and conservation of open-space land and natural resources, and the efficient expenditure of public funds relating to the subjects addressed in the general plan. 90 —
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(2)  Provide by April 1 of each year an annual report to the legislative body
, the Office of Planning and Research, and the Department of Housing and Community Development that includes all of the following:
(A)  The status of the plan and progress in its implementation. (B)
(i)  The progress in meeting its share of regional housing needs determined pursuant to Section 65584, including the need for e xtremely
low income households, as determined pursuant to paragraph (1) of subdivision (a) of Section 65583, and local efforts to remove governmental constraints to the maintenance, improvement, and development of housing pursuant to paragraph (3) of subdivision (c) of Section 65583. (ii)  The housing element portion of the annual report, as required by this paragraph, shall be prepared through the use of standards, forms, and definitions adopted by the Department of Housing and Community De
velopment. The department may review, adopt, amend, and repeal the standards, forms, or definitions, to implement this article. Any standards, forms, or definitions adopted to implement this article shall not be subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2. Before and after adoption of the forms, the housing element portion of the annual report shall include a section that describes the actions taken by the local government towards completion of the programs and status of the local government’s compliance with the deadlines in its housing element.

The report shall be considered at an annual public meeting before the legislative body where members of the public shall be allowed to provide oral testimony and written comments.
(iii)  The report may include the number of units that have been completed pursuant to subdivision (c) of Section 65583.1. For purposes of this paragraph, committed assistance may be executed throughout the planning period, and the program under paragraph (1) of subdivision (c) of Section 65583.1 shall not be required. The report shall document how the units meet the standards set forth in that subdivision.
(iv)  The planning agency shall include the number of units in a student housing de
velopment for lower income students for which the developer of the student housing development was granted a density bonus pursuant to subparagraph (F) of paragraph (1) of subdivision (b) of Section 65915. (C)  The number of housing development applications received in the prior year
, including whether each housing development application is subject to a ministerial or discretionary approval process. (D)  The number of units included in all development applications in the prior year
.
(E)  The number of units approved and disapproved in the prior year. (F)
The degree to which its approved general plan complies with the guidelines de
veloped and adopted pursuant to Section 65040.2 and the date of the last revision to the general plan.
(G)  A listing of sites rezoned to accommodate that portion of the city’s or county’
s share of the regional housing need for each income level that could not be accommodated on sites identified in the inventory required by paragraph (1) of subdivision (c) of Section 65583 and Section 65584.09. 90 Ch.
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The listing of sites shall also include any additional sites that may have been required to be identified by Section 65863.
(H)  (i)  The number of net new units of housing, including both rental housing and for
-sale housing, that have been issued a completed entitlement, a building permit, or a certificate of occupancy, thus far in the housing element cycle, and the income category, by area median income category, that each unit of housing satisfies. That production report shall do the following:
(I)  For each income category described in this subparagraph, distinguish between the number of rental housing units and the number of for -sale units
that satisfy each income category.
(II)  For each entitlement, building permit, or certificate of occupancy, include a unique site identifier that must include the assessor’ s parcel
number, but may also include street address, or other identifiers. (ii)  For the County of Napa and the City of Napa, the production report may report units identified in the agreement entered into pursuant to Section 65584.08.
(I)
The number of applications submitted pursuant to subdivision (a) of Section 65913.4, the location and the total number of de velopments approved
pursuant to subdivision (c) of Section 65913.4, the total number of building permits issued pursuant to subdivision (c) of Section 65913.4, the total number of units including both rental housing and for-sale housing by area median income category constructed using the process provided for in subdivision (c) of Section 65913.4.
(J)  If the city or county has received funding pursuant to the Local Go
vernment Planning Support Grants Program (Chapter 3.1 (commencing with Section 50515) of Part 2 of Division 31 of the Health and Safety Code), the information required pursuant to subdivision (a) of Section 50515.04 of the Health and Safety Code.
(K)  The progress of the city or county in adopting or amending its general plan or local open-space element in compliance with its obligations to consult with California Native American tribes, and to identify and protect, preserve, and mitigate impacts to places, features, and objects described in Sections 5097.9 and 5097.993 of the Public Resources Code, pursuant to Chapter 905 of the Statutes of 2004.
(L)  The following information with respect to density bonuses granted in accordance with Section 65915:
(i)
The number of density bonus applications received by the city or county
.
(ii)  The number of density bonus applications approved by the city or county
.
(iii)  Data from a sample of projects, selected by the planning agency, appro
ved to receive a density bonus from the city or county, including, but not limited to, the percentage of density bonus received, the percentage of affordable units in the project, the number of other incentives or concessions granted to the project, and any waiver or reduction of parking standards for the project.
90 —
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(M)  The following information with respect to each application submitted pursuant to Chapter 4.1 (commencing with Section 65912.100):
(i)  The location of the project.
(ii)
The status of the project, including whether it has been entitled, whether a b
uilding permit has been issued, and whether or not it has been completed.
(iii)  The number of units in the project.
(i
v)  The number of units in the project that are rental housing. (v)
The number of units in the project that are for-sale housing. (vi)
The household income category of the units, as determined pursuant to subdi
vision (f) of Section 65584.
(b)  If a court finds, upon a motion to that effect, that a city, county, or city and county f
ailed to submit, within 60 days of the deadline established in this section, the housing element portion of the report required pursuant to subparagraph (B) of paragraph (2) of subdivision (a) that substantially complies with the requirements of this section, the court shall issue an order or judgment compelling compliance with this section within 60 days. If the city, county, or city and county fails to comply with the court’s order within 60 days, the plaintiff or petitioner may move for sanctions, and the court may, upon that motion, grant appropriate sanctions. The court shall retain jurisdiction to ensure that its order or judgment is carried out. If the court determines that its order or judgment is not carried out within 60 days, the court may issue further orders as provided by law to ensure that the purposes and policies of this section are fulfilled. This subdivision applies to proceedings initiated on or after the first day of October following the adoption of forms and definitions by the Department of Housing and Community Development pursuant to paragraph (2) of subdivision (a), but no sooner than six months following that adoption.
(c)  The Department of Housing and Community Development shall post a report submitted pursuant to this section on its internet website within a reasonable time of recei
ving the report.

SEC. 1.5. Section 65400 of the Government Code is amended to read:
65400. (a)  After the legislative body has adopted all or part of a general plan, the planning agency shall do both of the following:
(1)  Investigate and make recommendations to the legislative body re
garding reasonable and practical means for implementing the general plan or element of the general plan so that it will serve as an effective guide for orderly growth and development, preservation and conservation of open-space land and natural resources, and the efficient expenditure of public funds relating to the subjects addressed in the general plan. (2)  Provide by April 1 of each year an annual report to the legislative body
, the Office of Planning and Research, and the Department of Housing and Community Development that includes all of the following:
(A)  The status of the plan and progress in its implementation. (B)
(i)  The progress in meeting its share of regional housing needs determined pursuant to Section 65584, including the need for e xtremely
low income households, as determined pursuant to paragraph (1) of 90 Ch. 647 — 17 —

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subdivision (a) of Section 65583, and local efforts to remove governmental constraints to the maintenance, improvement, and development of housing pursuant to paragraph (3) of subdivision (c) of Section 65583. (ii) The housing element portion of the annual report, as required by this paragraph, shall be prepared through the use of standards, forms, and definitions adopted by the Department of Housing and Community De
velopment. The department may review, adopt, amend, and repeal the standards, forms, or definitions to implement this article. Any standards, forms, or definitions adopted to implement this article shall not be subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2. Before and after adoption of the forms, the housing element portion of the annual report shall include a section that describes the actions taken by the local government towards completion of the programs and status of the local government’s compliance with the deadlines in its housing element.

The listing of sites shall also include any additional sites that may have been required to be identified by Section 65863.
(H) The number of units of housing demolished and new units of housing, including both rental housing and for-sale housing and any units that the County of Napa or the City of Napa may report pursuant to an agreement entered into pursuant to Section 65584.08, that have been issued a completed entitlement, a building permit, or a certificate of occupancy, thus far in the housing element cycle, and the income category, by area median income 90 —
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ATTACHMENT 5-18
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category, that each unit of housing satisfies. That production report shall, for each income category described in this subparagraph, distinguish between the number of rental housing units and the number of for-sale units that satisfy each income category. The production report shall include, for each entitlement, building permit, or certificate of occupancy, a unique site identifier that must include the assessor’s parcel number, but may include street address, or other identifiers.
(I)  The number of applications submitted pursuant to subdivision (a) of Section 65913.4, the location and the total number of de velopments approved
pursuant to subdivision (c) of Section 65913.4, the total number of building permits issued pursuant to subdivision (c) of Section 65913.4, the total number of units including both rental housing and for-sale housing by area median income category constructed using the process provided for in subdivision (c) of Section 65913.4.
(J)  If the city or county has received funding pursuant to the Local Go
vernment Planning Support Grants Program (Chapter 3.1 (commencing with Section 50515) of Part 2 of Division 31 of the Health and Safety Code), the information required pursuant to subdivision (a) of Section 50515.04 of the Health and Safety Code.
(K)  The progress of the city or county in adopting or amending its general plan or local open-space element in compliance with its obligations to consult with California Native American tribes, and to identify and protect, preserve, and mitigate impacts to places, features, and objects described in Sections 5097.9 and 5097.993 of the Public Resources Code, pursuant to Chapter 905 of the Statutes of 2004.
(L)  The following information with respect to density bonuses granted in accordance with Section 65915:
(i)
The number of density bonus applications received by the city or county
.
(ii)  The number of density bonus applications approved by the city or county
.
(iii)  Data from all projects approved to receive a density bonus from the city or county
, including, but not limited to, the percentage of density bonus received, the percentage of affordable units in the project, the number of other incentives or concessions granted to the project, and any waiver or reduction of parking standards for the project.
(M)  The following information with respect to each application submitted pursuant to Chapter 4.1 (commencing with Section 65912.100):
(i)  The location of the project.
(ii)
The status of the project, including whether it has been entitled, whether a b
uilding permit has been issued, and whether or not it has been completed.
(iii)  The number of units in the project.
(i
v)  The number of units in the project that are rental housing. (v)
The number of units in the project that are for-sale housing. (vi)
The household income category of the units, as determined pursuant to subdi
vision (f) of Section 65584.
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(b)  (1)  (A)  The department may request corrections to the housing element portion of an annual report submitted pursuant to paragraph (2) of subdi
vision (a) within 90 days of receipt. A planning agency shall make the requested corrections within 30 days after which the department may reject the report if the report is not in substantial compliance with the requirements of that paragraph.
(B)  If the department rejects the housing element portion of an annual report as authorized by subparagraph (A), the department shall pro vide the
reasons the report is inconsistent with paragraph (2) of subdivision (a) to the planning agency in writing.
(2)  If a court finds, upon a motion to that effect, that a city, county, or city and county f
ailed to submit, within 60 days of the deadline established in this section, the housing element portion of the report required pursuant to subparagraph (B) of paragraph (2) of subdivision (a) that substantially complies with the requirements of this section, the court shall issue an order or judgment compelling compliance with this section within 60 days. If the city, county, or city and county fails to comply with the court’s order within 60 days, the plaintiff or petitioner may move for sanctions, and the court may, upon that motion, grant appropriate sanctions. The court shall retain jurisdiction to ensure that its order or judgment is carried out. If the court determines that its order or judgment is not carried out within 60 days, the court may issue further orders as provided by law to ensure that the purposes and policies of this section are fulfilled. This subdivision applies to proceedings initiated on or after the first day of October following the adoption of forms and definitions by the Department of Housing and Community Development pursuant to paragraph (2) of subdivision (a), but no sooner than six months following that adoption.
(c)  The Department of Housing and Community Development shall post a report submitted pursuant to this section on its internet website within a reasonable time of recei
ving the report.

SEC. 1.6. Section 65400 of the Government Code is amended to read:
65400. (a)  After the legislative body has adopted all or part of a general plan, the planning agency shall do both of the following:
(1)  Investigate and make recommendations to the legislative body re
garding reasonable and practical means for implementing the general plan or element of the general plan so that it will serve as an effective guide for orderly growth and development, preservation and conservation of open-space land and natural resources, and the efficient expenditure of public funds relating to the subjects addressed in the general plan. (2)  Provide by April 1 of each year an annual report to the legislative body
, the Office of Planning and Research, and the Department of Housing and Community Development that includes all of the following:
(A)  The status of the plan and progress in its implementation. (B)
(i)  The progress in meeting its share of regional housing needs determined pursuant to Section 65584 and local ef
forts to remove
governmental constraints to the maintenance, improvement, and development of housing pursuant to paragraph (3) of subdivision (c) of Section 65583. 90 —
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(ii) The housing element portion of the annual report, as required by this paragraph, shall be prepared through the use of standards, forms, and definitions adopted by the Department of Housing and Community De
velopment. The department may review, adopt, amend, and repeal the standards, forms, or definitions to implement this article. Any standards, forms, or definitions adopted to implement this article shall not be subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2. Before and after adoption of the forms, the housing element portion of the annual report shall include a section that describes the actions taken by the local government towards completion of the programs and status of the local government’s compliance with the deadlines in its housing element.

The listing of sites shall also include any additional sites that may have been required to be identified by Section 65863.
(H) (i) The number of units of housing demolished and new units of housing, including both rental housing and for
-sale housing, that have been
issued a completed entitlement, a building permit, or a certificate of occupancy, thus far in the housing element cycle, and the income category, by area median income category, that each unit of housing satisfies. That production report shall do the following:
90 Ch.
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ATTACHMENT 5-21
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(I)  For each income category described in this subparagraph, distinguish between the number of rental housing units and the number of for -sale units
that satisfy each income category.
(II)  For each entitlement, building permit, or certificate of occupancy, include a unique site identifier that must include the assessor’ s parcel
number, but may also include street address, or other identifiers. (ii)  For the County of Napa and the City of Napa, the production report may report units identified in the agreement entered into pursuant to Section 65584.08.
(I)
The number of applications submitted pursuant to subdivision (a) of Section 65913.4, the location and the total number of de velopments approved
pursuant to subdivision (c) of Section 65913.4, the total number of building permits issued pursuant to subdivision (c) of Section 65913.4, the total number of units including both rental housing and for-sale housing by area median income category constructed using the process provided for in subdivision (c) of Section 65913.4.
(J)  If the city or county has received funding pursuant to the Local Go
vernment Planning Support Grants Program (Chapter 3.1 (commencing with Section 50515) of Part 2 of Division 31 of the Health and Safety Code), the information required pursuant to subdivision (a) of Section 50515.04 of the Health and Safety Code.
(K)  The progress of the city or county in adopting or amending its general plan or local open-space element in compliance with its obligations to consult with California Native American tribes, and to identify and protect, preserve, and mitigate impacts to places, features, and objects described in Sections 5097.9 and 5097.993 of the Public Resources Code, pursuant to Chapter 905 of the Statutes of 2004.
(L)  The following information with respect to density bonuses granted in accordance with Section 65915:
(i)
The number of density bonus applications received by the city or county
.
(ii)  The number of density bonus applications approved by the city or county
.
(iii)  Data from all projects approved to receive a density bonus from the city or county
, including, but not limited to, the percentage of density bonus received, the percentage of affordable units in the project, the number of other incentives or concessions granted to the project, and any waiver or reduction of parking standards for the project.
(M)  The following information with respect to each application submitted pursuant to Chapter 4.1 (commencing with Section 65912.100):
(i)  The location of the project.
(ii)
The status of the project, including whether it has been entitled, whether a b
uilding permit has been issued, and whether or not it has been completed.
(iii)  The number of units in the project.
(i
v)  The number of units in the project that are rental housing. (v)
The number of units in the project that are for-sale housing. 90 — 22 — Ch. 647

ATTACHMENT 5-22
ATTACHMENT 2 - 75
(vi)  The household income category of the units, as determined pursuant to subdi
vision (f) of Section 65584.
(b)  (1)  (A)  The department may request corrections to the housing element portion of an annual report submitted pursuant to paragraph (2) of subdi
vision (a) within 90 days of receipt. A planning agency shall make the requested corrections within 30 days after which the department may reject the report if the report is not in substantial compliance with the requirements of that paragraph.
(B)  If the department rejects the housing element portion of an annual report as authorized by subparagraph (A), the department shall pro vide the
reasons the report is inconsistent with paragraph (2) of subdivision (a) to the planning agency in writing.
(2)  If a court finds, upon a motion to that effect, that a city, county, or city and county f
ailed to submit, within 60 days of the deadline established in this section, the housing element portion of the report required pursuant to subparagraph (B) of paragraph (2) of subdivision (a) that substantially complies with the requirements of this section, the court shall issue an order or judgment compelling compliance with this section within 60 days. If the city, county, or city and county fails to comply with the court’s order within 60 days, the plaintiff or petitioner may move for sanctions, and the court may, upon that motion, grant appropriate sanctions. The court shall retain jurisdiction to ensure that its order or judgment is carried out. If the court determines that its order or judgment is not carried out within 60 days, the court may issue further orders as provided by law to ensure that the purposes and policies of this section are fulfilled. This subdivision applies to proceedings initiated on or after the first day of October following the adoption of forms and definitions by the Department of Housing and Community Development pursuant to paragraph (2) of subdivision (a), but no sooner than six months following that adoption.
(c)  The Department of Housing and Community Development shall post a report submitted pursuant to this section on its internet website within a reasonable time of recei
ving the report.

SEC. 1.7. Section 65400 of the Government Code is amended to read:
65400. (a)  After the legislative body has adopted all or part of a general plan, the planning agency shall do both of the following:
(1)  Investigate and make recommendations to the legislative body re
garding reasonable and practical means for implementing the general plan or element of the general plan so that it will serve as an effective guide for orderly growth and development, preservation and conservation of open-space land and natural resources, and the efficient expenditure of public funds relating to the subjects addressed in the general plan. (2)  Provide by April 1 of each year an annual report to the legislative body
, the Office of Planning and Research, and the Department of Housing and Community Development that includes all of the following:
(A)  The status of the plan and progress in its implementation. (B)
(i)  The progress in meeting its share of regional housing needs determined pursuant to Section 65584, including the need for e xtremely
90 Ch. 647 — 23 —

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low income households, as determined pursuant to paragraph (1) of subdivision (a) of Section 65583, and local efforts to remove governmental constraints to the maintenance, improvement, and development of housing pursuant to paragraph (3) of subdivision (c) of Section 65583. (ii) The housing element portion of the annual report, as required by this paragraph, shall be prepared through the use of standards, forms, and definitions adopted by the Department of Housing and Community De
velopment. The department may review, adopt, amend, and repeal the standards, forms, or definitions to implement this article. Any standards, forms, or definitions adopted to implement this article shall not be subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2. Before and after adoption of the forms, the housing element portion of the annual report shall include a section that describes the actions taken by the local government towards completion of the programs and status of the local government’s compliance with the deadlines in its housing element.

The listing of sites shall also include any additional sites that may have been required to be identified by Section 65863.
(H) (i) The number of units of housing demolished and new units of housing, including both rental housing and for
-sale housing and any units
that the County of Napa or the City of Napa may report pursuant to an agreement entered into pursuant to Section 65584.08, that have been issued 90 —
24 — Ch. 647

ATTACHMENT 5-24
ATTACHMENT 2 - 77
a completed entitlement, a building permit, or a certificate of occupancy, thus far in the housing element cycle, and the income category, by area median income category, that each unit of housing satisfies. That production report shall do the following:
(I)  For each income category described in this subparagraph, distinguish between the number of rental housing units and the number of for -sale units
that satisfy each income category.
(II)  For each entitlement, building permit, or certificate of occupancy, include a unique site identifier that must include the assessor’ s parcel
number, but may also include street address, or other identifiers. (ii)  For the County of Napa and the City of Napa, the production report may report units identified in the agreement entered into pursuant to Section 65584.08.
(I)
The number of applications submitted pursuant to subdivision (a) of Section 65913.4, the location and the total number of de velopments approved
pursuant to subdivision (c) of Section 65913.4, the total number of building permits issued pursuant to subdivision (c) of Section 65913.4, the total number of units including both rental housing and for-sale housing by area median income category constructed using the process provided for in subdivision (c) of Section 65913.4.
(J)  If the city or county has received funding pursuant to the Local Go
vernment Planning Support Grants Program (Chapter 3.1 (commencing with Section 50515) of Part 2 of Division 31 of the Health and Safety Code), the information required pursuant to subdivision (a) of Section 50515.04 of the Health and Safety Code.
(K)  The progress of the city or county in adopting or amending its general plan or local open-space element in compliance with its obligations to consult with California Native American tribes, and to identify and protect, preserve, and mitigate impacts to places, features, and objects described in Sections 5097.9 and 5097.993 of the Public Resources Code, pursuant to Chapter 905 of the Statutes of 2004.
(L)  The following information with respect to density bonuses granted in accordance with Section 65915:
(i)
The number of density bonus applications received by the city or county
.
(ii)  The number of density bonus applications approved by the city or county
.
(iii)  Data from all projects approved to receive a density bonus from the city or county
, including, but not limited to, the percentage of density bonus received, the percentage of affordable units in the project, the number of other incentives or concessions granted to the project, and any waiver or reduction of parking standards for the project.
(M)  The following information with respect to each application submitted pursuant to Chapter 4.1 (commencing with Section 65912.100):
(i)  The location of the project.
90 Ch.
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(ii)  The status of the project, including whether it has been entitled, whether a b
uilding permit has been issued, and whether or not it has been completed.
(iii)  The number of units in the project.
(i
v)  The number of units in the project that are rental housing. (v)
The number of units in the project that are for-sale housing. (vi)
The household income category of the units, as determined pursuant to subdi
vision (f) of Section 65584.
(b)  (1)  (A)  The department may request corrections to the housing element portion of an annual report submitted pursuant to paragraph (2) of subdi
vision (a) within 90 days of receipt. A planning agency shall make the requested corrections within 30 days after which the department may reject the report if the report is not in substantial compliance with the requirements of that paragraph.
(B)  If the department rejects the housing element portion of an annual report as authorized by subparagraph (A), the department shall pro vide the
reasons the report is inconsistent with paragraph (2) of subdivision (a) to the planning agency in writing.
(2)  If a court finds, upon a motion to that effect, that a city, county, or city and county f
ailed to submit, within 60 days of the deadline established in this section, the housing element portion of the report required pursuant to subparagraph (B) of paragraph (2) of subdivision (a) that substantially complies with the requirements of this section, the court shall issue an order or judgment compelling compliance with this section within 60 days. If the city, county, or city and county fails to comply with the court’s order within 60 days, the plaintiff or petitioner may move for sanctions, and the court may, upon that motion, grant appropriate sanctions. The court shall retain jurisdiction to ensure that its order or judgment is carried out. If the court determines that its order or judgment is not carried out within 60 days, the court may issue further orders as provided by law to ensure that the purposes and policies of this section are fulfilled. This subdivision applies to proceedings initiated on or after the first day of October following the adoption of forms and definitions by the Department of Housing and Community Development pursuant to paragraph (2) of subdivision (a), but no sooner than six months following that adoption.
(c)  The Department of Housing and Community Development shall post a report submitted pursuant to this section on its internet website within a reasonable time of recei
ving the report.

SEC. 2. Section 65585 of the Government Code is amended to read:
65585. (a) In the preparation of its housing element, each city and county shall consider the guidelines adopted by the department pursuant to Section 50459 of the Health and Safety Code. Those guidelines shall be advisory to each city or county in the preparation of its housing element. (b) (1) At least 90 days prior to adoption of a revision of its housing element pursuant to subdi
vision (e) of Section 65588, or at least 60 days
prior to the adoption of a subsequent amendment to this element, the planning agency shall submit a draft element revision or draft amendment to the 90 —
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department. The local government of the planning agency shall make the first draft revision of a housing element available for public comment for at least 30 days and, if any comments are received, the local government shall take at least 10 business days after the 30-day public comment period to consider and incorporate public comments into the draft revision prior to submitting it to the department. For any subsequent draft revision, the local government shall post the draft revision on its internet website and shall email a link to the draft revision to all individuals and organizations that have previously requested notices relating to the local government’s housing element at least seven days before submitting the draft revision to the department.
(2)  The planning agency staff shall collect and compile the public comments re
garding the housing element received by the city, county, or city and county, and provide these comments to each member of the legislative body before it adopts the housing element.
(3)  The department shall review the draft and report its written findings to the planning agenc
y within 90 days of its receipt of the first draft submittal for each housing element revision pursuant to subdivision (e) of Section 65588 or within 60 days of its receipt of a subsequent draft amendment or an adopted revision or adopted amendment to an element. The department shall not review the first draft submitted for each housing element revision pursuant to subdivision (e) of Section 65588 until the local government has made the draft available for public comment for at least 30 days and, if comments were received, has taken at least 10 business days to consider and incorporate public comments pursuant to paragraph (1). (c)  In the preparation of its findings, the department may consult with an
y public agency, group, or person. The department shall receive and consider any written comments from any public agency, group, or person regarding the draft or adopted element or amendment under review. (d)  In its written findings, the department shall determine whether the draft element or draft amendment substantially complies with this article. (e)
Prior to the adoption of its draft element or draft amendment, the le
gislative body shall consider the findings made by the department. If the department’s findings are not available within the time limits set by this section, the legislative body may act without them.
(f)  If the department finds that the draft element or draft amendment does not substantially comply with this article, the legislative body shall take one of the following actions:
(1)  Change the draft element or draft amendment to substantially comply with this article.
(2)  Adopt the draft element or draft amendment without changes. The le
gislative body shall include in its resolution of adoption written findings which explain the reasons the legislative body believes that the draft element or draft amendment substantially complies with this article despite the findings of the department.
(g)  Promptly following the adoption of its element or amendment, the planning agenc
y shall submit a copy to the department.
90 Ch. 647 — 27 —

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(h)  The department shall, within 90 days, review adopted housing elements or amendments and report its findings to the planning agenc y.
(i)  (1)  (A)  The department shall review any action or failure to act by the city
, county, or city and county that it determines is inconsistent with an adopted housing element or Section 65583, including any failure to implement any program actions included in the housing element pursuant to Section 65583. The department shall issue written findings to the city, county, or city and county as to whether the action or failure to act substantially complies with this article, and provide a reasonable time no longer than 30 days for the city, county, or city and county to respond to the findings before taking any other action authorized by this section, including the action authorized by subparagraph (B).
(B)  If the department finds that the action or failure to act by the city, county
, or city and county does not substantially comply with this article, and if it has issued findings pursuant to this section that an amendment to the housing element substantially complies with this article, the department may revoke its findings until it determines that the city, county, or city and county has come into compliance with this article.
(2)  The department may consult with any local government, public agenc
y, group, or person, and shall receive and consider any written comments from any public agency, group, or person, regarding the action or failure to act by the city, county, or city and county described in paragraph (1), in determining whether the housing element substantially complies with this article.
(j)  The department shall notify the city, county, or city and county and may notify the office of the
Attorney General that the city, county, or city
and county is in violation of state law if the department finds that the housing element or an amendment to this element, or any action or failure to act described in subdivision (i), does not substantially comply with this article or that any local government has taken an action in violation of the following:
(1)  Housing Accountability Act (Section 65589.5).
(2)
Section 65863.
(3)
Chapter 4.3 (commencing with Section 65915).
(4)
Section 65008.
(5)
Housing Crisis Act of 2019 (Chapter 654, Statutes of 2019, Sections 65941.1, 65943, and 66300).
(6)
Section 8899.50.
(7)
Section 65913.4.
(8)
Article 11 (commencing with Section 65650).
(9)
Article 12 (commencing with Section 65660).
(10)
Section 65913.11.
(11)
Chapter 4.1 (commencing with Section 65912.100).
(k)
Commencing July 1, 2019, prior to the Attorney General bringing an
y suit for a violation of the provisions identified in subdivision (j) related to housing element compliance and seeking remedies available pursuant to this subdivision, the department shall offer the jurisdiction the opportunity for two meetings in person or via telephone to discuss the violation, and 90 —
28 — Ch. 647

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shall provide the jurisdiction written findings regarding the violation. This paragraph does not affect any action filed prior to the effective date of this section. The requirements set forth in this subdivision do not apply to any suits brought for a violation or violations of paragraphs (1) and (3) to (9), inclusive, of subdivision (j).
(l) In any action or special proceeding brought by the Attorney General relating to housing element compliance pursuant to a notice or referral under subdi
vision (j), the Attorney General may request, upon a finding of the court that the housing element does not substantially comply with the requirements of this article pursuant to this section, that the court issue an order or judgment directing the jurisdiction to bring its housing element into substantial compliance with the requirements of this article. The court shall retain jurisdiction to ensure that its order or judgment is carried out.

If a court determines that the housing element of the jurisdiction substantially complies with this article, it shall have the same force and effect, for purposes of eligibility for any financial assistance that requires a housing element in substantial compliance and for purposes of any incentives provided under Section 65589.9, as a determination by the department that the housing element substantially complies with this article.
(1) If the jurisdiction has not complied with the order or judgment after 12 months, the court shall conduct a status conference. F ollowing the status
conference, upon a determination that the jurisdiction failed to comply with the order or judgment compelling substantial compliance with the requirements of this article, the court shall impose fines on the jurisdiction, which shall be deposited into the Building Homes and Jobs Trust Fund.

ATTACHMENT 5-29
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(3)  If the jurisdiction has not complied with the order or judgment six months follo
wing the imposition of fees described in paragraph (1), the court shall conduct a status conference. Upon a determination that the jurisdiction failed to comply with the order or judgment, the court may impose the following:
(A)  If the court finds that the fees imposed pursuant to paragraphs (1) and (2) are insufficient to bring the jurisdiction into compliance with the order or judgment, the court may multiply the fine determined pursuant to paragraph (1) by a f
actor of six. In the event that the jurisdiction fails to pay fines imposed by the court in full and on time, the court may require the Controller to intercept any available state and local funds and direct such funds to the Building Homes and Jobs Trust Fund to correct the jurisdiction’s failure to pay. The intercept of the funds by the Controller for this purpose shall not violate any provision of the California Constitution. (B)  The court may order remedies available pursuant to Section 564 of the Code of Ci
vil Procedure, under which the agent of the court may take all governmental actions necessary to bring the jurisdiction’s housing element into substantial compliance pursuant to this article in order to remedy identified deficiencies. The court shall determine whether the housing element of the jurisdiction substantially complies with this article and, once the court makes that determination, it shall have the same force and effect, for all purposes, as the department’s determination that the housing element substantially complies with this article. An agent appointed pursuant to this paragraph shall have expertise in planning in California. (4)  This subdivision does not limit a court’s discretion to apply any and all remedies in an action or special proceeding for a violation of an y law
identified in subdivision (j).
(m)  In determining the application of the remedies available under subdi
vision (l), the court shall consider whether there are any mitigating circumstances delaying the jurisdiction from coming into compliance with state housing law. The court may consider whether a city, county, or city and county is making a good faith effort to come into substantial compliance or is facing substantial undue hardships.
(n)  Nothing in this section shall limit the authority of the office of the Attorne
y General to bring a suit to enforce state law in an independent capacity. The office of the Attorney General may seek all remedies available under law including those set forth in this section.
(o)  Notwithstanding Sections 11040 and 11042, if the Attorney General declines to represent the department in an
y action or special proceeding
brought pursuant to a notice or referral under subdivision (j) the department may appoint or contract with other counsel for purposes of representing the department in the action or special proceeding.
(p)  Notwithstanding any other provision of law, the statute of limitations set forth in subdi
vision (a) of Section 338 of the Code of Civil Procedure shall apply to any action or special proceeding brought by the Office of the Attorney General or pursuant to a notice or referral under subdivision (j), or by the department pursuant to subdivision (o).
90 —
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SEC. 2.1. Section 65585 of the Government Code is amended to read:
65585. (a)  In the preparation of its housing element, each city and county shall consider the guidelines adopted by the department pursuant to Section 50459 of the Health and Safety Code. Those guidelines shall be advisory to each city or county in the preparation of its housing element. (b)  (1)  At least 90 days prior to adoption of a revision of its housing element pursuant to subdi
vision (e) of Section 65588, or at least 60 days
prior to the adoption of a subsequent amendment to this element, the planning agency shall submit a draft element revision or draft amendment to the department. The local government of the planning agency shall make the first draft revision of a housing element available for public comment for at least 30 days and, if any comments are received, the local government shall take at least 10 business days after the 30-day public comment period to consider and incorporate public comments into the draft revision prior to submitting it to the department. For any subsequent draft revision, the local government shall post the draft revision on its internet website and shall email a link to the draft revision to all individuals and organizations that have previously requested notices relating to the local government’s housing element at least seven days before submitting the draft revision to the department.
(2)  The planning agency staff shall collect and compile the public comments re
garding the housing element received by the city, county, or city and county, and provide these comments to each member of the legislative body before it adopts the housing element.
(3)  The department shall review the draft and report its written findings to the planning agenc
y within 90 days of its receipt of the first draft submittal for each housing element revision pursuant to subdivision (e) of Section 65588 or within 60 days of its receipt of a subsequent draft amendment or an adopted revision or adopted amendment to an element. The department shall not review the first draft submitted for each housing element revision pursuant to subdivision (e) of Section 65588 until the local government has made the draft available for public comment for at least 30 days and, if comments were received, has taken at least 10 business days to consider and incorporate public comments pursuant to paragraph (1). (c)  In the preparation of its findings, the department may consult with an
y public agency, group, or person. The department shall receive and consider any written comments from any public agency, group, or person regarding the draft or adopted element or amendment under review. (d)  In its written findings, the department shall determine whether the draft element or draft amendment substantially complies with this article. (e)
Prior to the adoption of its draft element or draft amendment, the le
gislative body shall consider the findings made by the department. If the department’s findings are not available within the time limits set by this section, the legislative body may act without them.
(f)  If the department finds that the draft element or draft amendment does not substantially comply with this article, the legislative body shall take one of the following actions:
90 Ch.
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ATTACHMENT 5-31
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(1)  Change the draft element or draft amendment to substantially comply with this article.
(2)  Adopt the draft element or draft amendment without changes. The le
gislative body shall include in its resolution of adoption written findings which explain the reasons the legislative body believes that the draft element or draft amendment substantially complies with this article despite the findings of the department.
(g)  Promptly following the adoption of its element or amendment, the planning agenc
y shall submit a copy to the department.
(h)  The department shall, within 90 days, review adopted housing elements or amendments and report its findings to the planning agenc y.
(i)  (1)  (A)  The department shall review any action or failure to act by the city
, county, or city and county that it determines is inconsistent with an adopted housing element or Section 65583, including any failure to implement any program actions included in the housing element pursuant to Section 65583. The department shall issue written findings to the city, county, or city and county as to whether the action or failure to act substantially complies with this article, and provide a reasonable time no longer than 30 days for the city, county, or city and county to respond to the findings before taking any other action authorized by this section, including the action authorized by subparagraph (B).
(B)  If the department finds that the action or failure to act by the city, county
, or city and county does not substantially comply with this article, and if it has issued findings pursuant to this section that an amendment to the housing element substantially complies with this article, the department may revoke its findings until it determines that the city, county, or city and county has come into compliance with this article.
(2)  The department may consult with any local government, public agenc
y, group, or person, and shall receive and consider any written comments from any public agency, group, or person, regarding the action or failure to act by the city, county, or city and county described in paragraph (1), in determining whether the housing element substantially complies with this article.
(j)  The department shall notify the city, county, or city and county and may notify the office of the
Attorney General that the city, county, or city
and county is in violation of state law if the department finds that the housing element or an amendment to this element, or any action or failure to act described in subdivision (i), does not substantially comply with this article or that any local government has taken an action in violation of the following:
(1)  Housing Accountability Act (Section 65589.5).
(2)
Section 65863.
(3)
Chapter 4.3 (commencing with Section 65915).
(4)
Section 65008.
(5)
Housing Crisis Act of 2019 (Chapter 654, Statutes of 2019, Sections 65941.1, 65943, and 66300).
(6)
Section 8899.50.
(7)
Section 65913.4.
90 — 32 — Ch. 647

ATTACHMENT 5-32
ATTACHMENT 2 - 85
(8) Article 11 (commencing with Section 65650).
(9)
Article 12 (commencing with Section 65660).
(10)
Section 65913.11.
(11)
Section 65863.2.
(12)
Chapter 4.1 (commencing with Section 65912.100)
(k)
Commencing July 1, 2019, prior to the Attorney General bringing an
y suit for a violation of the provisions identified in subdivision (j) related to housing element compliance and seeking remedies available pursuant to this subdivision, the department shall offer the jurisdiction the opportunity for two meetings in person or via telephone to discuss the violation, and shall provide the jurisdiction written findings regarding the violation. This paragraph does not affect any action filed prior to the effective date of this section. The requirements set forth in this subdivision do not apply to any suits brought for a violation or violations of paragraphs (1) and (3) to (9), inclusive, of subdivision (j).
(l) In any action or special proceeding brought by the Attorney General relating to housing element compliance pursuant to a notice or referral under subdi
vision (j), the Attorney General may request, upon a finding of the court that the housing element does not substantially comply with the requirements of this article pursuant to this section, that the court issue an order or judgment directing the jurisdiction to bring its housing element into substantial compliance with the requirements of this article. The court shall retain jurisdiction to ensure that its order or judgment is carried out.

ATTACHMENT 5-33
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if the court finds that the fees imposed pursuant to paragraph (1) are insufficient to bring the jurisdiction into compliance with the order or judgment, the court may multiply the fine determined pursuant to paragraph (1) by a factor of three. In the event that the jurisdiction fails to pay fines imposed by the court in full and on time, the court may require the Controller to intercept any available state and local funds and direct such funds to the Building Homes and Jobs Trust Fund to correct the jurisdiction’s failure to pay. The intercept of the funds by the Controller for this purpose shall not violate any provision of the California Constitution.
(3)  If the jurisdiction has not complied with the order or judgment six months follo
wing the imposition of fees described in paragraph (1), the court shall conduct a status conference. Upon a determination that the jurisdiction failed to comply with the order or judgment, the court may impose the following:
(A)  If the court finds that the fees imposed pursuant to paragraphs (1) and (2) are insufficient to bring the jurisdiction into compliance with the order or judgment, the court may multiply the fine determined pursuant to paragraph (1) by a f
actor of six. In the event that the jurisdiction fails to pay fines imposed by the court in full and on time, the court may require the Controller to intercept any available state and local funds and direct such funds to the Building Homes and Jobs Trust Fund to correct the jurisdiction’s failure to pay. The intercept of the funds by the Controller for this purpose shall not violate any provision of the California Constitution. (B)  The court may order remedies available pursuant to Section 564 of the Code of Ci
vil Procedure, under which the agent of the court may take all governmental actions necessary to bring the jurisdiction’s housing element into substantial compliance pursuant to this article in order to remedy identified deficiencies. The court shall determine whether the housing element of the jurisdiction substantially complies with this article and, once the court makes that determination, it shall have the same force and effect, for all purposes, as the department’s determination that the housing element substantially complies with this article. An agent appointed pursuant to this paragraph shall have expertise in planning in California. (4)  This subdivision does not limit a court’s discretion to apply any and all remedies in an action or special proceeding for a violation of an y law
identified in subdivision (j).
(m)  In determining the application of the remedies available under subdi
vision (l), the court shall consider whether there are any mitigating circumstances delaying the jurisdiction from coming into compliance with state housing law. The court may consider whether a city, county, or city and county is making a good faith effort to come into substantial compliance or is facing substantial undue hardships.
(n)  Nothing in this section shall limit the authority of the office of the Attorne
y General to bring a suit to enforce state law in an independent capacity. The office of the Attorney General may seek all remedies available under law including those set forth in this section.
90 —
34 — Ch. 647

ATTACHMENT 5-34
ATTACHMENT 2 - 87
(o) Notwithstanding Sections 11040 and 11042, if the Attorney General declines to represent the department in an
y action or special proceeding
brought pursuant to a notice or referral under subdivision (j) the department may appoint or contract with other counsel for purposes of representing the department in the action or special proceeding.
(p) Notwithstanding any other provision of law, the statute of limitations set forth in subdi
vision (a) of Section 338 of the Code of Civil Procedure shall apply to any action or special proceeding brought by the Office of the Attorney General or pursuant to a notice or referral under subdivision (j), or by the department pursuant to subdivision (o).

SEC. 2.2.

Section 65585 of the Government Code is amended to read:
65585. (a)  In the preparation of its housing element, each city and county shall consider the guidelines adopted by the department pursuant to Section 50459 of the Health and Safety Code. Those guidelines shall be advisory to each city or county in the preparation of its housing element. (b)  (1)  At least 90 days prior to adoption of a revision of its housing element pursuant to subdi
vision (e) of Section 65588, or at least 60 days
prior to the adoption of a subsequent amendment to this element, the planning agency shall submit a draft element revision or draft amendment to the department. The local government of the planning agency shall make the first draft revision of a housing element available for public comment for at least 30 days and, if any comments are received, the local government shall take at least 10 business days after the 30-day public comment period to consider and incorporate public comments into the draft revision prior to submitting it to the department. For any subsequent draft revision, the local government shall post the draft revision on its internet website and shall email a link to the draft revision to all individuals and organizations that have previously requested notices relating to the local government’s housing element at least seven days before submitting the draft revision to the department.
(2)  The planning agency staff shall collect and compile the public comments re
garding the housing element received by the city, county, or city and county, and provide these comments to each member of the legislative body before it adopts the housing element.
(3)  The department shall review the draft and report its written findings to the planning agenc
y within 90 days of its receipt of the first draft submittal for each housing element revision pursuant to subdivision (e) of Section 65588 or within 60 days of its receipt of a subsequent draft amendment or an adopted revision or adopted amendment to an element. The department shall not review the first draft submitted for each housing element revision pursuant to subdivision (e) of Section 65588 until the local government has made the draft available for public comment for at least 30 days and, if comments were received, has taken at least 10 business days to consider and incorporate public comments pursuant to paragraph (1). (c)  In the preparation of its findings, the department may consult with an
y public agency, group, or person. The department shall receive and 90 Ch. 647 — 35 —

ATTACHMENT 5-35
ATTACHMENT 2 - 88
consider any written comments from any public agency, group, or person regarding the draft or adopted element or amendment under review. (d)  In its written findings, the department shall determine whether the draft element or draft amendment substantially complies with this article. (e)
Prior to the adoption of its draft element or draft amendment, the le
gislative body shall consider the findings made by the department. If the department’s findings are not available within the time limits set by this section, the legislative body may act without them.
(f)  If the department finds that the draft element or draft amendment does not substantially comply with this article, the legislative body shall take one of the following actions:
(1)  Change the draft element or draft amendment to substantially comply with this article.
(2)  Adopt the draft element or draft amendment without changes. The le
gislative body shall include in its resolution of adoption written findings which explain the reasons the legislative body believes that the draft element or draft amendment substantially complies with this article despite the findings of the department.
(g)  Promptly following the adoption of its element or amendment, the planning agenc
y shall submit a copy to the department.
(h)  The department shall, within 90 days, review adopted housing elements or amendments and report its findings to the planning agenc y.
(i)  (1)  (A)  The department shall review any action or failure to act by the city
, county, or city and county that it determines is inconsistent with an adopted housing element or Section 65583, including any failure to implement any program actions included in the housing element pursuant to Section 65583. The department shall issue written findings to the city, county, or city and county as to whether the action or failure to act substantially complies with this article, and provide a reasonable time no longer than 30 days for the city, county, or city and county to respond to the findings before taking any other action authorized by this section, including the action authorized by subparagraph (B).
(B)  If the department finds that the action or failure to act by the city, county
, or city and county does not substantially comply with this article, and if it has issued findings pursuant to this section that an amendment to the housing element substantially complies with this article, the department may revoke its findings until it determines that the city, county, or city and county has come into compliance with this article.
(2)  The department may consult with any local government, public agenc
y, group, or person, and shall receive and consider any written comments from any public agency, group, or person, regarding the action or failure to act by the city, county, or city and county described in paragraph (1), in determining whether the housing element substantially complies with this article.
(j)  The department shall notify the city, county, or city and county and may notify the office of the
Attorney General that the city, county, or city
and county is in violation of state law if the department finds that the housing 90 — 36 — Ch. 647

ATTACHMENT 5-36
ATTACHMENT 2 - 89
element or an amendment to this element, or any action or failure to act described in subdivision (i), does not substantially comply with this article or that any local government has taken an action in violation of the following:
(1) Housing Accountability Act (Section 65589.5).
(2)
Section 65863.
(3)
Chapter 4.3 (commencing with Section 65915).
(4)
Section 65008.
(5)
Housing Crisis Act of 2019 (Chapter 654, Statutes of 2019, Sections 65941.1, 65943, and 66300).
(6)
Section 8899.50.
(7)
Section 65913.4.
(8)
Article 11 (commencing with Section 65650).
(9)
Article 12 (commencing with Section 65660).
(10)
Section 65913.11.
(11)
Section 65400.
(12)
Chapter 4.1 (commencing with Section 65912.100).
(k)
Commencing July 1, 2019, prior to the Attorney General bringing an
y suit for a violation of the provisions identified in subdivision (j) related to housing element compliance and seeking remedies available pursuant to this subdivision, the department shall offer the jurisdiction the opportunity for two meetings in person or via telephone to discuss the violation, and shall provide the jurisdiction written findings regarding the violation. This paragraph does not affect any action filed prior to the effective date of this section. The requirements set forth in this subdivision do not apply to any suits brought for a violation or violations of paragraphs (1) and (3) to (9), inclusive, of subdivision (j).
(l) In any action or special proceeding brought by the Attorney General relating to housing element compliance pursuant to a notice or referral under subdi
vision (j), the Attorney General may request, upon a finding of the court that the housing element does not substantially comply with the requirements of this article pursuant to this section, that the court issue an order or judgment directing the jurisdiction to bring its housing element into substantial compliance with the requirements of this article. The court shall retain jurisdiction to ensure that its order or judgment is carried out.

Any fine levied pursuant to this paragraph shall be in a minimum amount 90 Ch.
647 — 37 —

ATTACHMENT 5-37
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of ten thousand dollars ($10,000) per month, but shall not exceed one hundred thousand dollars ($100,000) per month, except as provided in paragraphs (2) and (3). In the event that the jurisdiction fails to pay fines imposed by the court in full and on time, the court may require the Controller to intercept any available state and local funds and direct such funds to the Building Homes and Jobs Trust Fund to correct the jurisdiction’s failure to pay. The intercept of the funds by the Controller for this purpose shall not violate any provision of the California Constitution.
(2)  If the jurisdiction has not complied with the order or judgment after three months follo
wing the imposition of fees described in paragraph (1), the court shall conduct a status conference. Following the status conference, if the court finds that the fees imposed pursuant to paragraph (1) are insufficient to bring the jurisdiction into compliance with the order or judgment, the court may multiply the fine determined pursuant to paragraph (1) by a factor of three. In the event that the jurisdiction fails to pay fines imposed by the court in full and on time, the court may require the Controller to intercept any available state and local funds and direct such funds to the Building Homes and Jobs Trust Fund to correct the jurisdiction’s failure to pay. The intercept of the funds by the Controller for this purpose shall not violate any provision of the California Constitution.
(3)  If the jurisdiction has not complied with the order or judgment six months follo
wing the imposition of fees described in paragraph (1), the court shall conduct a status conference. Upon a determination that the jurisdiction failed to comply with the order or judgment, the court may impose the following:
(A)  If the court finds that the fees imposed pursuant to paragraphs (1) and (2) are insufficient to bring the jurisdiction into compliance with the order or judgment, the court may multiply the fine determined pursuant to paragraph (1) by a f
actor of six. In the event that the jurisdiction fails to pay fines imposed by the court in full and on time, the court may require the Controller to intercept any available state and local funds and direct such funds to the Building Homes and Jobs Trust Fund to correct the jurisdiction’s failure to pay. The intercept of the funds by the Controller for this purpose shall not violate any provision of the California Constitution. (B)  The court may order remedies available pursuant to Section 564 of the Code of Ci
vil Procedure, under which the agent of the court may take all governmental actions necessary to bring the jurisdiction’s housing element into substantial compliance pursuant to this article in order to remedy identified deficiencies. The court shall determine whether the housing element of the jurisdiction substantially complies with this article and, once the court makes that determination, it shall have the same force and effect, for all purposes, as the department’s determination that the housing element substantially complies with this article. An agent appointed pursuant to this paragraph shall have expertise in planning in California. (4)  This subdivision does not limit a court’s discretion to apply any and all remedies in an action or special proceeding for a violation of an y law
identified in subdivision (j).
90 — 38 — Ch. 647

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(m)  In determining the application of the remedies available under subdi
vision (l), the court shall consider whether there are any mitigating circumstances delaying the jurisdiction from coming into compliance with state housing law. The court may consider whether a city, county, or city and county is making a good faith effort to come into substantial compliance or is facing substantial undue hardships.
(n)  Nothing in this section shall limit the authority of the office of the Attorne
y General to bring a suit to enforce state law in an independent capacity. The office of the Attorney General may seek all remedies available under law including those set forth in this section.
(o)  Notwithstanding Sections 11040 and 11042, if the Attorney General declines to represent the department in an
y action or special proceeding
brought pursuant to a notice or referral under subdivision (j) the department may appoint or contract with other counsel for purposes of representing the department in the action or special proceeding.
(p)  Notwithstanding any other provision of law, the statute of limitations set forth in subdi
vision (a) of Section 338 of the Code of Civil Procedure shall apply to any action or special proceeding brought by the Office of the Attorney General or pursuant to a notice or referral under subdivision (j), or by the department pursuant to subdivision (o).

SEC. 2.3.

ATTACHMENT 5-39
ATTACHMENT 2 - 92
65588 or within 60 days of its receipt of a subsequent draft amendment or an adopted revision or adopted amendment to an element. The department shall not review the first draft submitted for each housing element revision pursuant to subdivision (e) of Section 65588 until the local government has made the draft available for public comment for at least 30 days and, if comments were received, has taken at least 10 business days to consider and incorporate public comments pursuant to paragraph (1). (c)  In the preparation of its findings, the department may consult with an
y public agency, group, or person. The department shall receive and consider any written comments from any public agency, group, or person regarding the draft or adopted element or amendment under review. (d)  In its written findings, the department shall determine whether the draft element or draft amendment substantially complies with this article. (e)
Prior to the adoption of its draft element or draft amendment, the le
gislative body shall consider the findings made by the department. If the department’s findings are not available within the time limits set by this section, the legislative body may act without them.
(f)  If the department finds that the draft element or draft amendment does not substantially comply with this article, the legislative body shall take one of the following actions:
(1)  Change the draft element or draft amendment to substantially comply with this article.
(2)  Adopt the draft element or draft amendment without changes. The le
gislative body shall include in its resolution of adoption written findings which explain the reasons the legislative body believes that the draft element or draft amendment substantially complies with this article despite the findings of the department.
(g)  Promptly following the adoption of its element or amendment, the planning agenc
y shall submit a copy to the department.
(h)  The department shall, within 90 days, review adopted housing elements or amendments and report its findings to the planning agenc y.
(i)  (1)  (A)  The department shall review any action or failure to act by the city
, county, or city and county that it determines is inconsistent with an adopted housing element or Section 65583, including any failure to implement any program actions included in the housing element pursuant to Section 65583. The department shall issue written findings to the city, county, or city and county as to whether the action or failure to act substantially complies with this article, and provide a reasonable time no longer than 30 days for the city, county, or city and county to respond to the findings before taking any other action authorized by this section, including the action authorized by subparagraph (B).
(B)  If the department finds that the action or failure to act by the city, county
, or city and county does not substantially comply with this article, and if it has issued findings pursuant to this section that an amendment to the housing element substantially complies with this article, the department may revoke its findings until it determines that the city, county, or city and county has come into compliance with this article.
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(2)  The department may consult with any local government, public agenc
y, group, or person, and shall receive and consider any written comments from any public agency, group, or person, regarding the action or failure to act by the city, county, or city and county described in paragraph (1), in determining whether the housing element substantially complies with this article.
(j)  The department shall notify the city, county, or city and county and may notify the office of the
Attorney General that the city, county, or city
and county is in violation of state law if the department finds that the housing element or an amendment to this element, or any action or failure to act described in subdivision (i), does not substantially comply with this article or that any local government has taken an action in violation of the following:
(1)  Housing Accountability Act (Section 65589.5).
(2)
Section 65863.
(3)
Chapter 4.3 (commencing with Section 65915).
(4)
Section 65008.
(5)
Housing Crisis Act of 2019 (Chapter 654, Statutes of 2019, Sections 65941.1, 65943, and 66300).
(6)
Section 8899.50.
(7)
Section 65913.4.
(8)
Article 11 (commencing with Section 65650).
(9)
Article 12 (commencing with Section 65660).
(10)
Section 65913.11.
(11)
Section 65400.
(12)
Section 65863.2.
(13)
Chapter 4.1 (commencing with Section 65912.100).
(k)
Commencing July 1, 2019, prior to the Attorney General bringing an
y suit for a violation of the provisions identified in subdivision (j) related to housing element compliance and seeking remedies available pursuant to this subdivision, the department shall offer the jurisdiction the opportunity for two meetings in person or via telephone to discuss the violation, and shall provide the jurisdiction written findings regarding the violation. This paragraph does not affect any action filed prior to the effective date of this section. The requirements set forth in this subdivision do not apply to any suits brought for a violation or violations of paragraphs (1) and (3) to (9), inclusive, of subdivision (j).
(l)  In any action or special proceeding brought by the Attorney General relating to housing element compliance pursuant to a notice or referral under subdi
vision (j), the Attorney General may request, upon a finding of the court that the housing element does not substantially comply with the requirements of this article pursuant to this section, that the court issue an order or judgment directing the jurisdiction to bring its housing element into substantial compliance with the requirements of this article. The court shall retain jurisdiction to ensure that its order or judgment is carried out.

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substantial compliance and for purposes of any incentives provided under Section 65589.9, as a determination by the department that the housing element substantially complies with this article.
(1) If the jurisdiction has not complied with the order or judgment after 12 months, the court shall conduct a status conference. F ollowing the status
conference, upon a determination that the jurisdiction failed to comply with the order or judgment compelling substantial compliance with the requirements of this article, the court shall impose fines on the jurisdiction, which shall be deposited into the Building Homes and Jobs Trust Fund.

Any fine levied pursuant to this paragraph shall be in a minimum amount of ten thousand dollars ($10,000) per month, but shall not exceed one hundred thousand dollars ($100,000) per month, except as provided in paragraphs (2) and (3). In the event that the jurisdiction fails to pay fines imposed by the court in full and on time, the court may require the Controller to intercept any available state and local funds and direct such funds to the Building Homes and Jobs Trust Fund to correct the jurisdiction’s failure to pay. The intercept of the funds by the Controller for this purpose shall not violate any provision of the California Constitution.
(2)  If the jurisdiction has not complied with the order or judgment after three months follo
wing the imposition of fees described in paragraph (1), the court shall conduct a status conference. Following the status conference, if the court finds that the fees imposed pursuant to paragraph (1) are insufficient to bring the jurisdiction into compliance with the order or judgment, the court may multiply the fine determined pursuant to paragraph (1) by a factor of three. In the event that the jurisdiction fails to pay fines imposed by the court in full and on time, the court may require the Controller to intercept any available state and local funds and direct such funds to the Building Homes and Jobs Trust Fund to correct the jurisdiction’s failure to pay. The intercept of the funds by the Controller for this purpose shall not violate any provision of the California Constitution.
(3)  If the jurisdiction has not complied with the order or judgment six months follo
wing the imposition of fees described in paragraph (1), the court shall conduct a status conference. Upon a determination that the jurisdiction failed to comply with the order or judgment, the court may impose the following:
(A)  If the court finds that the fees imposed pursuant to paragraphs (1) and (2) are insufficient to bring the jurisdiction into compliance with the order or judgment, the court may multiply the fine determined pursuant to paragraph (1) by a f
actor of six. In the event that the jurisdiction fails to pay fines imposed by the court in full and on time, the court may require the Controller to intercept any available state and local funds and direct such funds to the Building Homes and Jobs Trust Fund to correct the jurisdiction’s failure to pay. The intercept of the funds by the Controller for this purpose shall not violate any provision of the California Constitution. (B)  The court may order remedies available pursuant to Section 564 of the Code of Ci
vil Procedure, under which the agent of the court may take all governmental actions necessary to bring the jurisdiction’s housing element 90 — 42 — Ch. 647

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into substantial compliance pursuant to this article in order to remedy identified deficiencies. The court shall determine whether the housing element of the jurisdiction substantially complies with this article and, once the court makes that determination, it shall have the same force and effect, for all purposes, as the department’s determination that the housing element substantially complies with this article. An agent appointed pursuant to this paragraph shall have expertise in planning in California. (4)  This subdivision does not limit a court’s discretion to apply any and all remedies in an action or special proceeding for a violation of an y law
identified in subdivision (j).
(m)  In determining the application of the remedies available under subdi
vision (l), the court shall consider whether there are any mitigating circumstances delaying the jurisdiction from coming into compliance with state housing law. The court may consider whether a city, county, or city and county is making a good faith effort to come into substantial compliance or is facing substantial undue hardships.
(n)  Nothing in this section shall limit the authority of the office of the Attorne
y General to bring a suit to enforce state law in an independent capacity. The office of the Attorney General may seek all remedies available under law including those set forth in this section.
(o)  Notwithstanding Sections 11040 and 11042, if the Attorney General declines to represent the department in an
y action or special proceeding
brought pursuant to a notice or referral under subdivision (j) the department may appoint or contract with other counsel for purposes of representing the department in the action or special proceeding.
(p)  Notwithstanding any other provision of law, the statute of limitations set forth in subdi
vision (a) of Section 338 of the Code of Civil Procedure shall apply to any action or special proceeding brought by the Office of the Attorney General or pursuant to a notice or referral under subdivision (j), or by the department pursuant to subdivision (o).

SEC. 3.

Chapter 4.1 (commencing with Section 65912.100) is added to Division 1 of Title 7 of the Government Code, to read:

Chapter 4.1. Affordable Housing and High Road Jobs Act of 2022 Article 1. General Pro
visions
65912.100. This chapter shall be known and cited as the Affordable Housing and High Road Jobs Act of 2022.
65912.101. For purposes of this chapter, the following terms have the following meanings:
(a) “Commercial corridor” means a highway, as defined in Section 360 of the
Vehicle Code, that is not a freeway, as defined in Section 332 of the Vehicle Code, and that has a right-of-way, as defined in Section 525 of the Vehicle Code, of at least 70 and not greater than 150 feet. 90 Ch.
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(b)  “Development proponent” means a developer who submits a housing de
velopment project application to a local government under the streamlined, ministerial review process pursuant to this chapter.
(c)  “Extremely low income households” has the same meaning as defined in Section 50106 of the Health and Safety Code.
(d)  “Health care expenditures” include contributions under Sections 501(c) or (d) or 401(a) of the Internal Re
venue Code and payments toward
“medical care” as defined under Section 213(d)(1) of the Internal Revenue Code.
(e)  “Housing development project” has the same meaning as defined in Section 65589.5.
(f)
“Industrial use” means utilities, manufacturing, transportation storage and maintenance facilities, and warehousing uses. “Industrial use” does not include power substations or utility conveyances such as power lines, broadband wires, and pipes.
(g)  “Local affordable housing requirement” means either of the following:
(1)
A local government requirement, as a condition of development of residential units, that a housing de
velopment project include a certain
percentage of units affordable to, and occupied by, extremely low, very low, lower, or moderate-income households as a condition of development of residential units.
(2)  A local government requirement allowing a housing development project to be a use by right if the project includes a certain percentage of units af
fordable to, and occupied by, extremely low, very low, lower, or moderate-income households as a condition of development of residential units.
(h)  “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.
(i)  “Lower income households” has the same meaning as defined in Section 50079.5 of the Health and Safety Code.
(j)
“Major transit stop” has the same meaning as defined in subdivision (b) of Section 21155 of the Public Resources Code.
(k)
“Moderate-income households” means households of persons and f
amilies of moderate income, as defined in Section 50093 of the Health and Safety Code.
(l)  “Multifamily” means a property with five or more housing units for sale or for rent.
(m)
“Neighborhood plan” means a specific plan adopted pursuant to Article 8 (commencing with Section 65450) of Chapter 3, or an area plan, precise plan, urban village plan, or master plan that has been adopted by a local go
vernment.
(n)  “Principally permitted use” means a use that may occupy more than one-third of the square footage of designated use on the site and does not require a conditional use permit.
(o)
“Side street” means a highway, as defined in Section 360 of the V
ehicle Code, that is not a freeway, as defined in Section 332 of the Vehicle 90 — 44 — Ch. 647

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Code, and that has a right-of-way, as defined in Section 525 of the Vehicle Code, of at least 25 and fewer than 70 feet.
(p)  “Urban uses” means any current or former residential, commercial, public institutional, transit or transportation passenger f acility, or retail use,
or any combination of those uses.
(q)  “Use by right” means a development project that satisfies both of the follo
wing conditions:
(1)  The development project does not require a conditional use permit, planned unit de
velopment permit, or other discretionary local government review.
(2)  The development project is not a “project” for purposes of Division 13 (commencing with Section 21000) of the Public Resources Code. (r)
“Very low income households” has the same meaning as defined in Section 50105 of the Health and Safety Code.
65912.102. 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 chapter. Any guidelines or terms adopted pursuant to this section are not subject to Chapter

3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
65912.103.

For purposes of establishing the total number of units in a development under this chapter, a development project includes both of the following:
(a)  All projects developed on a site, regardless of when those de
velopments occur.
(b)  All projects developed on sites adjacent to a site developed pursuant to this chapter if, after January 1, 2022, the adjacent site had been subdi vided
from the site developed pursuant to this chapter.
65912.104. (a)  The department shall undertake at least two studies of the outcomes of this chapter
. One study shall be completed on or before
January 1, 2027, and one shall be completed on or before January 1, 2031. (b)  The studies required by subdivision (a) shall include, but not be limited to, the number of projects b
uilt, the number of units built, the
jurisdictional and regional location of the housing, the relative wealth and access to resources of the communities in which they are built, the level of affordability, the effect on greenhouse gas emissions, and the creation of construction jobs that pay the prevailing wage.
(c)  The department shall publish a report of the findings of a study required by subdi
vision (a), post the report on its internet website, and submit the report to the Legislature pursuant to Section 9795. 65912.105. This chapter shall remain in effect only until January 1, 2033, and as of that date is repealed.
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Article 2. Affordable Housing Developments in Commercial Zones 65912.110. Notwithstanding any inconsistent provision of a local government’s general plan, specific plan, zoning ordinance, or regulation, a development proponent may submit an application for a housing development that shall be a use by right and that shall be subject to a streamlined, ministerial review pursuant to Section 65912.114 if the proposed housing development satisfies all of the requirements in Sections 65912.111, 65912.112, and 65912.113.
65912.111. A development project shall not be subject to the streamlined, ministerial review process provided by Section 65912.114 unless the development is proposed to be located on a site that satisfies all of the following criteria:
(a)  It is located in a zone where office, retail, or parking are a principally permitted use.
(b)
It is a legal parcel or parcels that meet either of the following:
(1)
It is within a city where the city boundaries include some portion of either an urbanized area or urban cluster
, as designated by the United States
Census Bureau.
(2)  It is in an unincorporated area, and the legal parcel or parcels are wholly within the boundaries of an urbanized area or urban cluster , as
designated by the United States Census Bureau.
(c)  At least 75 percent of the perimeter of the site adjoins parcels that are de
veloped with urban uses. For purposes of this subdivision, parcels that are only separated by a street or highway shall be considered to be adjoined.
(d)  (1)  It is not on a site or adjoined to any site where more than one-third of the square footage on the site is dedicated to industrial use. (2)  For purposes of this subdivision, parcels only separated by a street or highw
ay shall be considered to be adjoined.
(3)  For purposes of this subdivision, “dedicated to industrial use” means an
y of the following:
(A)  The square footage is currently being used as an industrial use. (B)
The most recently permitted use of the square footage is an industrial use.
(C)  The site was designated for industrial use in the latest version of a local go
vernment’s general plan adopted before January 1, 2022. (e)  It satisfies the requirements specified in subparagraphs (B) to (K), inclusi
ve, of paragraph (6) of subdivision (a) of Section 65913.4. (f)  It is not an existing parcel of land or site that is governed under the Mobilehome Residenc
y 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 90 —
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(commencing with Section 18860) of Division 13 of the Health and Safety Code).
(g)  For a site within a neighborhood plan area, the site satisfies either of the follo
wing conditions:
(1)  As of January 1, 2022, there was a neighborhood plan applicable to the site that permitted multif
amily housing development on the site.
(2)  As of January 1, 2024, there was a neighborhood plan applicable to the site that permitted multif
amily housing development on the site and all
of the following occurred:
(A)  A notice of preparation for the neighborhood plan was issued before January 1, 2022, pursuant to the requirements of Sections 21080.4 and 21092 of the Public Resources Code.
(B)
The neighborhood plan was adopted on or after January 1, 2022, and before January 1, 2024.
(C)
The environmental review for the neighborhood plan was completed before January 1, 2024.
(h)
For a vacant site, the site satisfies both of the following:
(1)
It does not contain tribal cultural resources, as defined by Section 21074 of the Public Resources Code, that could be af
fected by the
development that were found pursuant to a consultation as described by Section 21080.3.1 of the Public Resources Code and the effects of which cannot be mitigated pursuant to the process described in Section 21080.3.2 of the Public Resources Code.
(2)  It is not within a very high fire hazard severity zone, as indicated on maps adopted by the Department of F
orestry and Fire Protection pursuant
to Section 4202 of the Public Resources Code or as designated pursuant to subdivisions (a) and (b) of Section 51179.
65912.112. A development project shall not be subject to the streamlined, ministerial review process provided by Section 65912.114 unless the development proposal meets all of the following affordability criteria:
(a)  One hundred percent of the units within the development project, e
xcluding managers’ units, shall be dedicated to lower income households at an affordable cost, as defined by Section 50052.5 of the Health and Safety Code, or an affordable rent set in an amount consistent with the rent limits established by the California Tax Credit Allocation Committee. (b)  The units shall be subject to a recorded deed restriction for a period of 55 years for rental units and 45 years for o
wner-occupied units.
65912.113. A development project shall not be subject to the streamlined, ministerial review process provided by Section 65912.114 unless the development proposal meets all of the following objective development standards:
(a)  The development shall be a multifamily housing development project. (b)  The residential density for the development will meet or exceed the applicable density deemed appropriate to accommodate housing for lo wer
income households in that jurisdiction as specified in paragraph (3) of subdivision (c) of Section 65583.2.
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(c)  (1)  The development proponent shall complete a phase I en
vironmental assessment, as defined in Section 25319.1 of the Health and Safety Code.
(2)  If a recognized environmental condition is found, the development proponent shall undertak
e a preliminary endangerment assessment, as defined
in Section 25319.5 of the Health and Safety Code, prepared by an environmental assessor to determine the existence of any release of a hazardous substance on the site and to determine the potential for exposure of future occupants to significant health hazards from any nearby property or activity.
(A)  If a release of a hazardous substance is found to exist on the site, the release shall be remo
ved, or any significant effects of the release shall be mitigated to a level of insignificance in compliance with current state and federal requirements.
(B)  If a potential for exposure to significant hazards from surrounding properties or acti
vities is found to exist, the effects of the potential exposure shall be mitigated to a level of insignificance in compliance with current state and federal requirements.
(d)  None of the housing on the site is located within 500 feet of a freeway, as defined in Section 332 of the Vehicle Code.
(e)  None of the housing on the site is located within 3,200 feet of a facility that actively extracts or refines oil or natural gas.
(f)  The development will meet the following objective zoning standards, objecti
ve subdivision standards, and objective design review standards:
(1)  The applicable objective standards shall be those for the zone that allo
ws residential use at a greater density between the following:
(A)  The existing zoning designation for the parcel if existing zoning allo
ws multifamily residential use.
(B)  The zoning designation for the closest parcel that allows residential use at a density that meets the requirements of subdi
vision (b).
(2)  The applicable objective standards shall be those in effect at the time that the de
velopment application is submitted to the local government pursuant to this article.
(g)  For purposes of this section, “objective zoning standards,” “objective subdi
vision standards,” and “objective design review standards” mean standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official before submittal. These standards may be embodied in alternative objective land use specifications adopted by a city or county, and may include, but are not limited to, housing overlay zones, specific plans, inclusionary zoning ordinances, and density bonus ordinances, subject to the following:
(1)  A development shall be deemed consistent with the objective zoning standards related to housing density
, as applicable, if the density proposed
is compliant with the maximum density allowed within that land use 90 — 48 — Ch. 647

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designation, notwithstanding any specified maximum unit allocation that may result in fewer units of housing being permitted.
(2)  In the event that objective zoning, general plan, subdivision, or design review standards are mutually inconsistent, a development shall be deemed consistent with the objective zoning and subdivision standards pursuant to this section if the development is consistent with the standards set forth in the general plan.
65912.114.
(a)  (1)  If the local government determines that a
development submitted pursuant to this article is consistent with the objective planning standards specified in this article, it shall approve the development. (2)  If a local government determines that a development submitted pursuant to this article is in conflict with an
y of the objective planning
standards specified in this article, it shall provide the development proponent written documentation of which standard or standards the development conflicts with, and an explanation for the reason or reasons the development conflicts with that standard or standards, within the following timeframes:
(A)  Within 60 days of submittal of the development proposal to the local go
vernment if the development contains 150 or fewer housing units. (B)  Within 90 days of submittal of the development proposal to the local go
vernment if the development contains more than 150 housing units. (b)  If the local government fails to provide the required documentation pursuant to subdi
vision (a), the development shall be deemed to satisfy the required objective planning standards.
(c)  (1)  For purposes of this section, a development is consistent with the objecti
ve planning standards if there is substantial evidence that would allow a reasonable person to conclude that the development is consistent with the objective planning standards.
(2)  For purposes of this section, a development is not in conflict with the objecti
ve planning standards solely on the basis that application materials are not included, if the application contains substantial evidence that would allow a reasonable person to conclude that the development is consistent with the objective planning standards.
(d)  The determination of whether a proposed project submitted pursuant to this section is or is not in conflict with the objecti ve planning standards
is not a “project” as defined in Section 21065 of the Public Resources Code. (e)  Design review of the development may be conducted by the local go
vernment’s planning commission or any equivalent board or commission responsible for review and approval of development projects, or the city council or board of supervisors, as appropriate. That design review shall be objective and be strictly focused on assessing compliance with criteria required for streamlined, ministerial review of projects, as well as any reasonable objective design standards published and adopted by ordinance or resolution by a local jurisdiction before submittal of the development to the local government, and shall be broadly applicable to developments within the jurisdiction. That design review shall be completed as follows and shall not in any way inhibit, chill, or preclude the ministerial approval provided by this section or its effect, as applicable:
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(1)  Within 90 days of submittal of the development proposal to the local go
vernment pursuant to this section if the development contains 150 or fewer housing units.
(2)  Within 180 days of submittal of the development proposal to the local go
vernment pursuant to this section if the development contains more than 150 housing units.
(f)  A development proposed pursuant to this article shall be eligible for a density bonus, incenti
ves or concessions, waivers or reductions of
development standards, and parking ratios pursuant to Section 65915. (g)  The local government shall ensure that the project satisfies the requirements specified in subdi
vision (d) of Section 66300, regardless of
whether the development is within or not within an affected city or within or not within an affected county.
(h)  If the development is consistent with all objective subdivision standards in the local subdi
vision 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).
(i)  A local government may exempt a parcel from this section before a de
velopment proponent submits a development application on a parcel pursuant to this article if the local government makes written findings establishing all of the following:
(1)  The local government has identified one or more parcels that meet the criteria described in subdi
visions (b) through (f) of Section 65912.111.
(2)  (A)  If a parcel identified in paragraph (1) would not otherwise be eligible for de
velopment pursuant to this chapter, the local government has permitted the parcel to be developed pursuant to the requirements of this chapter.
(B)  If a parcel identified in paragraph (1) would otherwise be eligible for de
velopment pursuant to this chapter, the local government has permitted residential densities above the residential density required in subdivision (b) of Section 65912.113.
(3)  The development of the parcel or parcels pursuant to paragraph (3) will result in all of the follo
wing:
(A)  No net loss of the total potential residential density in the jurisdiction. (B)  No net loss of the potential residential density of housing affordable to lo
wer income households in the jurisdiction.
(C)  Affirmative furthering of fair housing.
(j)
A local government’s approval of a development pursuant to this section shall, notwithstanding an
y other law, be subject to the expiration
timeframes specified in subdivision (f) of Section 65913.4. (k)  Any proposed modifications to a development project approved pursuant to this section shall be undertak
en pursuant to subdivision (g) of
Section 65913.4.
(l)  A local government shall not adopt or impose any requirement, including, b
ut not limited to, increased fees or inclusionary housing 90 — 50 — Ch. 647

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requirements, that applies to a project solely or partially on the basis that the project is eligible to receive streamlined, ministerial review pursuant to this section.
(m)  A local government shall issue a subsequent permit required for a de
velopment approved under this section pursuant to paragraph (2) of subdivision (h) of Section 65913.4.
(n)  A public improvement that is necessary to implement a development that is appro
ved pursuant to this section shall be undertaken pursuant to paragraph (3) of subdivision (h) of Section 65913.4.
(o)  A local government may adopt an ordinance to implement the pro
visions of this article. An ordinance adopted to implement this section shall not be considered a “project” under Division 13 (commencing with Section 21000) of the Public Resources Code.

Article 3. Mixed-Income Housing Developments Along Commercial Corridors
65912.120.

Notwithstanding any inconsistent provision of a local
government’s general plan, specific plan, zoning ordinance, or regulation, a development proponent may submit an application for a housing development that shall be a use by right and that shall be subject to a streamlined, ministerial review pursuant to Section 65912.124 if the proposed housing development satisfies all of the requirements in Sections 65912.121, 65912.122, and 65912.123.
65912.121. A development project shall not be subject to the streamlined, ministerial review process provided by Section 65912.124 unless the development project is on a site that satisfies all of the following criteria:
(a)  It is located within a zone where office, retail, or parking are principally permitted use.
(b)
It is located on a legal parcel or parcels that meet either of the follo
wing:
(1)  It is within a city where the city boundaries include some portion of either an urbanized area or urban cluster
, as designated by the United States
Census Bureau.
(2)  It is in an unincorporated area, and the legal parcel or parcels are wholly within the boundaries of an urbanized area or urban cluster , as
designated by the United States Census Bureau.
(c)  The project site abuts a commercial corridor and has a frontage along the commercial corridor of a minimum of 50 feet.
(d)
The site is not greater than 20 acres.
(e)
At least 75 percent of the perimeter of the site adjoins parcels that are de
veloped with urban uses. For purposes of this subdivision, parcels that are only separated by a street or highway shall be considered to be adjoined.
(f)  (1)  It is not on a site or adjoined to any site where more than one-third of the square footage on the site is dedicated to industrial use. 90 Ch.
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(2)   For purposes of this subdivision, parcels only separated by a street or highw
ay shall be considered to be adjoined.
(3)  For purposes of this subdivision, “dedicated to industrial use” means an
y of the following:
(A)  The square footage is currently being used as an industrial use. (B)
The most recently permitted use of the square footage is an industrial use.
(C)  The site was designated for industrial use in the latest version of a local go
vernment’s general plan adopted before January 1, 2022. (g)  It satisfies the requirements specified in subparagraphs (B) to (K), inclusi
ve, of paragraph (6) of subdivision (a) of Section 65913.4. (h)  The development is not located on a site where any of the following apply:
(1)
The development would require the demolition of the following types of housing:
(A)
Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to le
vels affordable to persons and families of moderate,
low, or very low income.
(B)  Housing that is subject to any form of rent or price control through a public entity’
s valid exercise of its police power.
(C)  Housing that has been occupied by tenants within the past 10 years, e
xcluding any manager’s units.
(2)  The site was previously used for permanent housing that was occupied by tenants, excluding any manager’s units, that was demolished within 10 years before the development proponent submits an application under this article.
(3)  The development would require the demolition of a historic structure that w
as placed on a national, state, or local historic register. (4)  The property contains one to four dwelling units.
(5)
The property is vacant and zoned for housing but not for multifamily residential use.
(6)
The existing parcel of land or site is governed under the Mobilehome Residenc
y Law (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2 of Division 2 of the Civil Code), the Recreational Vehicle Park Occupancy Law (Chapter 2.6 (commencing with Section 799.20) of Title 2 of Part 2 of Division 2 of the Civil Code), the Mobilehome Parks Act (Part

2.1 (commencing with Section 18200) of Division 13 of the Health and Safety Code), or the Special Occupancy Parks Act (Part 2.3 (commencing with Section 18860) of Division 13 of the Health and Safety Code). (i)  For a site within a neighborhood plan area, the site satisfies either of the follo
wing conditions:
(1)  As of January 1, 2022, there was a neighborhood plan applicable to the site that permitted multif
amily housing development on the site.
(2)   As of January 1, 2024, there was a neighborhood plan applicable to the site that permitted multif
amily housing development on the site and all
of the following occurred:
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(A)  A notice of preparation for the neighborhood plan was issued before January 1, 2022, pursuant to the requirements of Sections 21080.4 and 21092 of the Public Resources Code.
(B)
The neighborhood plan was adopted on or after January 1, 2022, and before January 1, 2024.
(C)
The environmental review for the neighborhood plan was completed before January 1, 2024.
(j)
For a vacant site, the site satisfies both of the following:
(1)
It does not contain tribal cultural resources, as defined by Section 21074 of the Public Resources Code, that could be af
fected by the
development that were found pursuant to a consultation as described by Section 21080.3.1 of the Public Resources Code and the effects of which cannot be mitigated pursuant to the process described in Section 21080.3.2 of the Public Resources Code.
(2)  It is not within a very high fire hazard severity zone, as indicated on maps adopted by the Department of F
orestry and Fire Protection pursuant
to Section 4202 of the Public Resources Code or as designated pursuant to subdivisions (a) and (b) of Section 51179.
65912.122. A development project shall not be subject to the streamlined, ministerial review process provided by Section 65912.124 unless the development project meets all of the following affordability criteria:
(a)  (1)  A rental housing development shall include either of the following:
(A)  Eight percent of the units for very low income households and 5 percent of the units for e
xtremely low income households.
(B)  Fifteen percent of the units for lower income households. (2)
The development proponent shall agree to, and the local government shall ensure, the continued af
fordability of all affordable rental units included
pursuant to this subdivision for 55 years. Rents shall be set at an affordable rent, as defined in Section 50053 of the Health and Safety Code. (b)  (1)  An owner-occupied housing development shall include either of the follo
wing:
(A)  Thirty percent of the units must be offered at an affordable housing cost, as defined in Section 50052.5 of the Health and Safety Code, to moderate-income households.
(B)
Fifteen percent of the units must be offered at an affordable housing cost, as defined in Section 50052.5 of the Health and Safety Code, to lo wer
income households.
(2)  The development proponent shall agree to, and the local government shall ensure, the continued af
fordability of all affordable ownership units
for a period of 45 years.
(c)  If the local government has a local affordable housing requirement, the housing de
velopment project shall comply with all of the following:
(1)  The development project shall include the percentage of affordable units required by this section or the local requirement, whiche ver is higher.
(2)  The development project shall meet the lowest income targeting in either polic
y.
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(3)  If the local affordable housing requirement requires greater than 15 percent of the units to be dedicated for lo
wer income households and does
not require the inclusion of units affordable to very low and extremely low income households, then the rental housing development shall do both of the following:
(A)  Include 8 percent of the units for very low income households and 5 percent of the units for e
xtremely low income households.
(B)  Fifteen percent of units affordable to lower income households shall be subtracted from the percentage of units required by the local polic y at
the highest required affordability level.
(d)  Affordable units in the development project shall have the same bedroom and bathroom count ratio as the mark
et rate units, be equitably
distributed within the project, and have the same type or quality of appliances, fixtures, and finishes.
65912.123. A development project shall not be subject to the streamlined, ministerial review process provided by Section 65912.124 unless the development project meets all of the following objective development standards:
(a)  The development shall be a multifamily housing development project. (b)  The residential density for the development shall be determined as follo
ws:
(1)  In a metropolitan jurisdiction, as determined pursuant to subdivisions (d) and (e) of Section 65583.2, the residential density for the development shall meet or exceed the greater of the following:
(A)  The residential density allowed on the parcel by the local government. (B)  For sites of less than one acre in size, 30 units per acre. (C)
For sites of one acre in size or greater located on a commercial corridor of less than 100 feet in width, 40 units per acre. (D)
For sites of one acre in size or greater located on a commercial corridor of 100 feet in width or greater
, 60 units per acre.
(E)  Notwithstanding subparagraph (B), (C), or (D), for sites within one-half mile of a major transit stop, 80 units per acre. (2)
In a jurisdiction that is not a metropolitan jurisdiction, as determined pursuant to subdi
visions (d) and (e) of Section 65583.2, the residential density for the development shall meet or exceed the greater of the following:
(A)  The residential density allowed on the parcel by the local government. (B)  For sites of less than one acre in size, 20 units per acre. (C)
For sites of one acre in size or greater located on a commercial corridor of less than 100 feet in width, 30 units per acre. (D)
For sites of one acre in size or greater located on a commercial corridor of 100 feet in width or greater
, 50 units per acre.
(E)  Notwithstanding subparagraph (B), (C), or (D), for sites within one-half mile of a major transit stop, 70 units per acre. (c)
The height limit applicable to the housing development shall be the greater of the follo
wing:
(1)  The height allowed on the parcel by the local government. 90 — 54 — Ch. 647

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(2)  For sites on a commercial corridor of less than 100 feet in width, 35 feet.
(3)
For sites on a commercial corridor of 100 feet in width or greater, 45 feet.
(4)
Notwithstanding paragraphs (2) and (3), 65 feet for sites that meet all of the follo
wing criteria:
(A)  They are within one-half mile of a major transit stop. (B)
They are within a city with a population of greater than 100,000. (C)
They are not within a coastal zone, as defined in Division 20 (commencing with Section 30000) of the Public Resources Code. (d)
The property meets the following setback standards:
(1)
For the portion of the property that fronts a commercial corridor, the follo
wing shall occur:
(A)  No setbacks shall be required.
(B)
All parking must be set back at least 25 feet.
(C)
On the ground floor, a building or buildings must abut within 10 feet of the property line for at least 80 percent of the frontage. (2)
For the portion of the property that fronts a side street, a building or b
uildings must abut within 10 feet of the property line for at least 60 percent of the frontage.
(3)  For the portion of the property that abuts an adjoining property that also ab
uts the same commercial corridor as the property, no setbacks are required unless the adjoining property contains a residential use that was constructed prior to the enactment of this chapter, in which case the requirements of subparagraph (A) of paragraph (4) apply. (4)  For the portion of the property line that does not abut a commercial corridor
, a side street, or an adjoining property that also abuts the same commercial corridor as the property, the following shall occur:
(A)  Along property lines that abut a property that contains a residential use, the follo
wing shall occur:
(i)  The ground floor of the development project shall be set back at 10 feet.

The amount required to be set back may be decreased by the local government.
(ii)  Starting with the second floor of the property, each subsequent floor of the de
velopment project shall be stepped back in an amount equal to seven feet multiplied by the floor number. For purposes of this paragraph, the ground floor counts as the first floor. The amount required to be stepped back may be decreased by the local government.
(B)  Along property lines that abut a property that does not contain a residential use, the de
velopment shall be set back 15 feet. The amount
required to be stepped back may be decreased by the local government. (e)  No parking shall be required, except that this article shall not reduce, eliminate, or preclude the enforcement of an
y requirement imposed on a
new multifamily residential or nonresidential development to provide bicycle parking, electric vehicle supply equipment installed parking spaces, or parking spaces that are accessible to persons with disabilities that would have otherwise applied to the development if this article did not apply. 90 Ch.
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(f)  (1)  The development proponent shall complete a phase I en
vironmental assessment, as defined in Section 25319.1 of the Health and Safety Code.
(2)  If a recognized environmental condition is found, the development proponent shall undertak
e a preliminary endangerment assessment, as defined
in Section 25319.5 of the Health and Safety Code, prepared by an environmental assessor to determine the existence of any release of a hazardous substance on the site and to determine the potential for exposure of future occupants to significant health hazards from any nearby property or activity.
(A)  If a release of a hazardous substance is found to exist on the site, the release shall be remo
ved, or any significant effects of the release shall be mitigated to a level of insignificance in compliance with current state and federal requirements.
(B)  If a potential for exposure to significant hazards from surrounding properties or acti
vities is found to exist, the effects of the potential exposure shall be mitigated to a level of insignificance in compliance with current state and federal requirements.
(g)  None of the housing on the site is located within 500 feet of a freeway, as defined in Section 332 of the Vehicle Code.
(h)  None of the housing on the site is located within 3,200 feet of a facility that acti
vely extracts or refines oil or natural gas.
(i)  (1)  The development proponent shall provide written notice of the pending application to each commercial tenant on the parcel when the application is submitted.
(2)
The development proponent shall provide relocation assistance to each eligible commercial tenant located on the site as follo ws:
(A)  For a commercial tenant operating on the site for at least one year b
ut less than five years, the relocation assistance shall be equivalent to six months’ rent.
(B)  For a commercial tenant operating on the site for at least 5 years but less than 10 years, the relocation assistance shall be equi valent to nine
months’ rent.
(C)  For a commercial tenant operating on the site for at least 10 years b
ut less than 15 years, the relocation assistance shall be equivalent to 12 months’ rent.
(D)  For a commercial tenant operating on the site for at least 15 years b
ut less than 20 years, the relocation assistance shall be equivalent to 15 months’ rent.
(E)  For a commercial tenant operating on the site for at least 20 years, the relocation assistance shall be equi
valent to 18 months’ rent.
(3)  The relocation assistance shall be provided to an eligible commercial tenant upon e
xpiration of the lease of that commercial tenant.
(4)  For purposes of this subdivision, a commercial tenant is eligible for relocation assistance if the commercial tenant meets all of the follo wing
criteria:
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(A)  The commercial tenant is an independently owned and operated b
usiness with its principal office located in the county in which the property on the site that is leased by the commercial tenant is located. (B)  The commercial tenant’s lease expired and was not renewed by the property o
wner.
(C)  The commercial tenant’s lease expired within the three years follo
wing the development proponent’s submission of the application for a housing development pursuant to this article.
(D)  The commercial tenant employs 20 or fewer employees and has an annual a
verage gross receipts under one million dollars ($1,000,000) for the three taxable year period ending with the taxable year that precedes the expiration of their lease.
(E)  The commercial tenant is still in operation on the site at the time of the e
xpiration of its lease.
(5)  Notwithstanding paragraph (4), for purposes of this subdivision, a commercial tenant is ineligible for relocation assistance if the commercial tenant meets both of the follo
wing criteria:
(A)  The commercial tenant entered into a lease on the site after the de
velopment proponent’s submission of the application for a housing development pursuant to this article.
(B)  The commercial tenant had not previously entered into a lease on the site.
(6)
(A)  The commercial tenant shall utilize the funds provided by the de
velopment proponent to relocate the business or for costs of a new business.
(B)  Notwithstanding paragraph (2), if the commercial tenant elects not to use the funds pro
vided as required by subparagraph (A), the development
proponent shall provide only assistance equal to three months’ rent, regardless of the duration of the commercial tenant’s lease. (7)  For purposes of this subdivision, monthly rent is equal to one-twelfth of the total amount of rent paid by the commercial tenant in the last 12 months.
(j)
Other objective zoning standards, objective subdivision standards, and objecti
ve design review standards as follows:
(1)   The applicable objective standards shall be those for the closest zone in the city
, county, or city and county that allows multifamily residential use at the residential density determined pursuant to subdivision (b). If no zone exists that allows the residential density determined pursuant to subdivision (b), the applicable objective standards shall be those for the zone that allows the greatest density within the city, county, or city and county.
(2)  The applicable objective standards shall be those in effect at the time that the de
velopment application is submitted to the local government pursuant to this article.
(3)  The applicable objective standards may include a requirement that up to one-half of the ground floor of the housing de
velopment project be
dedicated to retail use.
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(4)  For purposes of this section, “objective zoning standards,” “objective subdi
vision standards,” and “objective design review standards” mean standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official before submittal. These standards may be embodied in alternative objective land use specifications adopted by a city or county, and may include, but are not limited to, housing overlay zones, specific plans, inclusionary zoning ordinances, and density bonus ordinances. In the event that objective zoning, general plan, subdivision, or design review standards are mutually inconsistent, a development shall be deemed consistent with the objective zoning and subdivision standards pursuant to this subdivision if the development is consistent with the standards set forth in the general plan. 65912.124.
(a)  (1)  If the local government determines that a
development submitted pursuant to this article is consistent with the objective planning standards specified in this article, it shall approve the development. (2)  If a local government determines that a development submitted pursuant to this article is in conflict with an
y of the objective planning
standards specified in this article, it shall provide the development proponent written documentation of which standard or standards the development conflicts with, and an explanation for the reason or reasons the development conflicts with that standard or standards, within the following timeframes:
(A)  Within 60 days of submittal of the development proposal to the local go
vernment if the development contains 150 or fewer housing units. (B)  Within 90 days of submittal of the development proposal to the local go
vernment if the development contains more than 150 housing units. (b)  If the local government fails to provide the required documentation pursuant to subdi
vision (a), the development shall be deemed to satisfy the required objective planning standards.
(c)  (1)  For purposes of this section, a development is consistent with the objecti
ve planning standards if there is substantial evidence that would allow a reasonable person to conclude that the development is consistent with the objective planning standards.
(2)  For purposes of this section, a development is not in conflict with the objecti
ve planning standards solely on the basis that application materials are not included, if the application contains substantial evidence that would allow a reasonable person to conclude that the development is consistent with the objective planning standards.
(d)  The determination of whether a proposed project submitted pursuant to this section is or is not in conflict with the objecti ve planning standards
is not a “project” as defined in Section 21065 of the Public Resources Code. (e)  Design review of the development may be conducted by the local go
vernment’s planning commission or any equivalent board or commission responsible for review and approval of development projects, or the city council or board of supervisors, as appropriate. That design review shall be objective and be strictly focused on assessing compliance with criteria 90 —
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required for streamlined, ministerial review of projects, as well as any reasonable objective design standards published and adopted by ordinance or resolution by a local jurisdiction before submittal of the development to the local government, and shall be broadly applicable to developments within the jurisdiction. That design review shall be completed as follows and shall not in any way inhibit, chill, or preclude the ministerial approval provided by this section or its effect, as applicable:
(1)  Within 90 days of submittal of the development proposal to the local go
vernment pursuant to this section if the development contains 150 or fewer housing units.
(2)  Within 180 days of submittal of the development proposal to the local go
vernment pursuant to this section if the development contains more than 150 housing units.
(f)  A housing development proposed pursuant to this article shall be eligible for a density bonus, incenti
ves or concessions, waivers or reductions
of development standards, and parking ratios pursuant to Section 65915, except that the project shall not use a concession to reduce a local government requirement for the provision of ground floor retail that is consistent with the allowance contained in paragraph (3) of subdivision (j) of Section 65912.123.
(g)  The local government shall ensure that the project satisfies the requirements specified in subdi
vision (d) of Section 66300, regardless of
whether the development is within or not within an affected city or within or not within an affected county.
(h)  If the development is consistent with all objective subdivision standards in the local subdi
vision 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).
(i)  A local government may exempt a parcel from this section before a de
velopment proponent submits a development application on a parcel pursuant to this article if the local government makes written findings establishing all of the following:
(1)  The local government has identified a parcel or parcels that meet the criteria described in subdi
visions (b) and (e) to (h), inclusive, of Section
65912.121.
(2)  (A)  If a parcel identified in paragraph (1) would not otherwise be eligible for de
velopment pursuant to this chapter, the local government has permitted the parcel to be developed pursuant to the requirements of this chapter.
(B)  If a parcel identified in paragraph (1) would otherwise be eligible for de
velopment pursuant to this chapter, the local government has permitted residential densities above the residential density required in subdivision (b) of Section 65912.123 and heights required in subdivision (c) of Section 65912.123.
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(3)  The development of the parcel or parcels pursuant to paragraph (3) will result in all of the follo
wing:
(A)  No net loss of the total potential residential density in the jurisdiction. (B)  No net loss of the potential residential density of housing affordable to lo
wer income households in the jurisdiction.
(C)  Affirmative furthering of fair housing.
(j)
A local government’s approval of a development pursuant to this section shall, notwithstanding an
y other law, be subject to the expiration
timeframes specified in subdivision (f) of Section 65913.4. (k)  Any proposed modifications to a development project approved pursuant to this section shall be undertak
en pursuant to subdivision (g) of
Section 65913.4.
(l)  A local government shall not adopt or impose any requirement, including, b
ut not limited to, increased fees or inclusionary housing requirements, that applies to a project solely or partially on the basis that the project is eligible to receive streamlined, ministerial review pursuant to this section.
(m)  A local government shall issue a subsequent permit required for a de
velopment approved under this section pursuant to paragraph (2) of subdivision (h) of Section 65913.4.
(n)  A public improvement that is necessary to implement a development that is appro
ved pursuant to this section shall be undertaken pursuant to paragraph (3) of subdivision (h) of Section 65913.4.
(o)  A local government may adopt an ordinance to implement the pro
visions of this article. An ordinance adopted to implement this section shall not be considered a “project” under Division 13 (commencing with Section 21000) of the Public Resources Code.

Article 4. Labor Standards
65912.130.

A development project approved by a local government
pursuant to Article 2 (commencing with Section 65912.110) or Article 3 (commencing with Section 65912.120) shall meet all of the following labor standards:
(a)  The development proponent shall require in contracts with construction contractors, and shall certify to the local go vernment, that the
standards specified in this section will be met in project construction. (b)  A development that is not in its entirety a public work for purposes of Chapter 1 (commencing with Section 1720) of P
art 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:
(1)  All construction workers employed in the execution of the de
velopment 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 90 —
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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.
(2)  The development proponent shall ensure that the prevailing wage requirement is included in all contracts for the performance of the w ork for
those portions of the development that are not a public work. (3)  All contractors and subcontractors for those portions of the de
velopment that are not a public work shall comply with both of the following:
(A)  Pay to all construction workers employed in the execution of the w
ork 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.
(B)  Maintain and verify payroll records pursuant to Section 1776 of the Labor Code and mak
e those records available for inspection and copying
as provided in that section. This subparagraph 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 subparagraph, “project labor agreement” has the same meaning as set forth in paragraph (1) of subdivision (b) of Section 2500 of the Public Contract Code.
(c)  (1)  The obligation of the contractors and subcontractors to pay pre
vailing wages pursuant to this section may be enforced by any of the following:
(A)  The Labor Commissioner through the issuance of a civil wage and penalty assessment pursuant to Section 1741 of the Labor Code, which may be re
viewed pursuant to Section 1742 of the Labor Code, within 18 months after the completion of the development.
(B)  An underpaid worker through an administrative complaint or civil action.
(C)
A joint labor-management committee through a civil action under Section 1771.2 of the Labor Code.
(2)
If a civil wage and penalty assessment is issued pursuant to this section, 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. (3)  This subdivision does not apply if all contractors and subcontractors performing w
ork 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 subdivision, “project labor agreement” has the same meaning as set forth in paragraph (1) of subdivision (b) of Section 2500 of the Public Contract Code.
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(d)  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. (e)  The requirement of this section to pay at least the general prevailing rate of per diem w
ages does not preclude use of an alternative workweek
schedule adopted pursuant to Section 511 or 514 of the Labor Code. 65912.131. In addition to the requirements of Section 65912.130, a development of 50 or more housing units approved by a local government pursuant to Article 2 (commencing with Section 65912.110) or Article 3 (commencing with Section 65912.120) shall meet all of the following labor standards:
(a)  The development proponent shall require in contracts with construction contractors and shall certify to the local go vernment 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 subdivisions (b) and (c). A construction contractor is deemed in compliance with subdivisions (b) and (c) 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.
(b)  A contractor with construction craft employees shall either participate in an apprenticeship program appro
ved by the State of 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 subdivision. (c)  Each contractor with construction craft employees shall make health care e
xpenditures 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 40-year-old adults 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 subdivision. Qualifying expenditures shall be credited toward compliance with prevailing wage payment requirements set forth in Section 65912.130. (d)  (1)  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 subdivisions (b) and (c). 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.
(2)  A development proponent that fails to provide the monthly report shall be subject to a ci
vil 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 90 —
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month in question, up to a maximum of ten thousand dollars ($10,000). Any contractor or subcontractor that fails to comply with subdivision (b) or (c) shall be subject to a civil penalty of two hundred dollars ($200) per day for each worker employed in contravention of subdivision (b) or (c). (3) Penalties may be assessed by the Labor Commissioner within 18 months of completion of the de
velopment 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. (e) 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.
(f) 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. (g) 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 subdivision (c) in accordance with Section 218.7 or 218.8 of the Labor Code.

Article 5. Severability
65912.140.

The provisions of subdivision (c) of Section 65912.131
concerning health care expenditure are distinct and severable from the remaining provisions of this chapter. However, Article 4 (commencing with Section 65912.130) is a material and integral part of this chapter and is not severable. If any provision of Article 4 (commencing with Section 65912.130) or its application, exclusive of those included in subdivision (c) of Section 65912.131, is held invalid, this entire chapter shall be null and void.

SEC. 4. (a) Section 1.1 of this bill incorporates amendments to Section 65400 of the Government Code proposed by both this bill and Assembly Bill 1743. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2023, (2) 90 Ch.
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each bill amends Section 65400 of the Government Code, (3) this bill is enacted after Assembly Bill 1743, and (4) neither Assembly Bill 2094, or Assembly Bill 2653 are enacted or as enacted do not amend that section, in which case Sections 1, 1.2, 1.3, 1.4, 1.5, 1.6, and 1.7 of this bill shall not become operative.
(b) Section 1.2 of this bill incorporates amendments to Section 65400 of the Go
vernment Code proposed by both this bill and Assembly Bill 2094.

That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2023, (2) each bill amends Section 65400 of the Government Code, (3) this bill is enacted after Assembly Bill 2653, and (4) neither Assembly Bill 1743 or Assembly Bill 2094 are enacted or as enacted do not amend that section, in which case Sections 1, 1.1, 1.2, 1.4, 1.5, 1.6, and 1.7 of this bill shall not become operative.
(d)  Section 1.4 of this bill incorporates amendments to Section 65400 of the Go
vernment Code proposed by this bill, Assembly Bill 1743, and Assembly Bill 2094. That section of this bill shall only become operative if (1) all three bills are enacted and become effective on or before January 1, 2023, (2) each bill amends Section 65400 of the Government Code, (3) this bill is enacted after both Assembly Bill 1743 and Assembly Bill 2094, and (4) Assembly Bill 2653 is not enacted or as enacted does not amend that section, in which case Sections 1, 1.1, 1.2, 1.3, 1.5, 1.6, and 1.7 of this bill shall not become operative.
(e)  Section 1.5 of this bill incorporates amendments to Section 65400 of the Go
vernment Code proposed by this bill, Assembly Bill 2094, and Assembly Bill 2653. That section of this bill shall only become operative if (1) all three bills are enacted and become effective on or before January 1, 2023, (2) each bill amends Section 65400 of the Government Code, (3) this bill is enacted after both Assembly Bill 2094 and Assembly Bill 2653, and (4) Assembly Bill 1743 is not enacted or as enacted does not amend that section, in which case Sections 1, 1.1, 1.2, 1.3, 1.4, 1.6, and 1.7 of this bill shall not become operative.
(f)  Section 1.6 of this bill incorporates amendments to Section 65400 of the Go
vernment Code proposed by this bill, Assembly Bill 1743 and Assembly Bill 2653. That section of this bill shall only become operative if (1) all three bills are enacted and become effective on or before January 1, 2023, (2) each bill amends Section 65400 of the Government Code, (3) this bill is enacted after both Assembly Bill 1743 and Assembly Bill 2653, 90 —
64 — Ch. 647

ATTACHMENT 5-64
ATTACHMENT 2 - 117
and (4) Assembly Bill 2094 is not enacted or as enacted does not amend that section, in which case Sections 1, 1.1, 1.2, 1.3, 1.4, 1.5, and 1.7 of this bill shall not become operative.
(g) Section 1.7 of this bill incorporates amendments to Section 65400 of the Go
vernment Code proposed by this bill, Assembly Bill 1743, Assembly Bill 2094, and Assembly Bill 2653. That section of this bill shall only become operative if (1) all four bills are enacted and become effective on or before January 1, 2023, (2) each bill amends Section 65400 of the Government Code, and (3) this bill is enacted after each of Assembly Bill 1743, Assembly 2094, and Assembly Bill 2653, in which case Sections 1,

1.1, 1.2, 1.3, 1.4, 1.5, and 1.6 of this bill shall not become operative.

SEC. 5. (a) Section 2.1 of this bill incorporates amendments to Section 65585 of the Government Code proposed by both this bill and Assembly Bill 2097. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2023, (2) each bill amends Section 65585 of the Government Code, (3) Assembly Bill 2653 is not enacted or as enacted does not amend that section, and (4) this bill is enacted after Assembly Bill 2097, in which case Sections 2, 2.2, and 2.3 of this bill shall not become operative.
(b) Section 2.2 of this bill incorporates amendments to Section 65585 of the Go
vernment Code proposed by both this bill and Assembly Bill 2653.

That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2023, (2) each bill amends Section 65585 of the Government Code, (3) Assembly Bill 2097 is not enacted or as enacted does not amend that section, and (4) this bill is enacted after Assembly Bill 2653 in which case Sections 2, 2.1, and 2.3 of this bill shall not become operative.
(c) Section 2.3 of this bill incorporates amendments to Section 65585 of the Go
vernment Code proposed by this bill, Assembly Bill 2097, and Assembly Bill 2653. That section of this bill shall only become operative if (1) all three bills are enacted and become effective on or before January 1, 2023, (2) all three bills amend Section 65585 of the Government Code, and (3) this bill is enacted after Assembly Bill 2097 and Assembly Bill 2653, in which case Sections 2, 2.1, and 2.2 of this bill shall not become operative.

SEC. 6.

No reimbursement is required by this act 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 act, or because costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.

However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies 90 Ch.
647 — 65 —

ATTACHMENT 5-65
ATTACHMENT 2 - 118
and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.

SEC. 7.

This act shall become operative July 1, 2023.

O
90 — 66 — Ch. 647

ATTACHMENT 5-66
ATTACHMENT 2 - 119

Correspondences

Please Note: If Additional
Documents/Correspondences are
submitted for this item, they will be
periodically posted to the City website
for public viewing.

ATTACHMENT 2 - 120
1 MEMORANDUM

DATE: May 11, 2023

TO: Justin Hess, City Manager

FROM: Patrick Prescott, Community Development Director BY: Katie Picha, Administrative Officer

SUBJECT: May 16, 2022 City Council Meeting Agenda Public Hearing – Introduction of an Ordinance to Amend the Streamlined Ministerial Review and Public Oversight Process for Development Projects Submitted Under the Streamlined Ministerial Approval Process Pursuant to Government Code Sections 65913.4 (SB 35) and 65912.100 (AB 2011)

This memo is to update the Staff Report, Attachment 1 (Draft Ordinance), and Attachment 2 (Redlined Ordinance) regarding the May 16, 2023 City Council Regular Meeting Agenda Introduction of an Ordinance to Amend the Streamlined Ministerial Review and Public Oversight Process for Development Projects Submitted Under the Streamlined Ministerial Approval Process Pursuant to Government Code Sections 65913.4 (SB 35) and 65912.100 (AB 2011).

Below are the changes to the Staff Report:
• T itle of the staff report has been updated to include “State Law” as shown in red text below.

Introduction of an Ordinance to Amend the Streamlined Ministerial Review and Public Oversight Process for Development Projects Submitted Under the Streamlined Ministerial Approval Process Pursuant to State Law, including Government Code Sections 65913.4 (SB 35) and 65912.100 (AB 2011)

• Under the “Discussion” section, following sub-sections were updated by adding a sentence to capture all the projects the require streamlined ministerial review process under State law, as indicated in red text.
o AB 2011 Stream lined, Ministerial Review Process:

AB 2011, also known as the Affordable Housing and High Road Jobs Act of 2022, allows streamlined, ministerial review for a housing development that meets certain objective

COMMUNITY

DEVELOPMENT
ATTACHMENT 2 - 121
2 standards, and affordability and site criteria, on commercially zoned sites where office, retail, or parking uses are permitted by right (Attachment 5). Development projects submitted under AB 2011 will undergo a preliminary review for analysis of site eligibility as well as a project’s compliance with specified objective standards and affordability requirements. Once a project is determined to comply with the specified objective standards, affordability criterion, and site eligibility requirement specified in Government Code Sections 65912.111 through 65912.113 and 65912.121 through 65912.123, it will be eligible for a streamlined, ministerial review and public oversight process pursuant to Government Code Sections 65912.114 and 65912.124, that is similar to the SB 35 streamlined, ministerial review process codified in Government Code Section 65913.4.

In addition to providing for a streamlined, ministerial review and public oversight process for SB 35 projects, the proposed Ordinance will also implement a streamlined, ministerial review process and public oversight process for AB 2011 applications submitted pursuant to Government Code Section 65912.100, and any other streamlined ministerial review required by State law.
o P
roposed Changes to the City’s SB 35 Streamlined, Ministerial Review Process:

Per the City Council’s direction to bring back the City’s streamlined, ministerial review process for SB 35 applications for further consideration, Ordinance No. 22- 3,964 has been updated to amend the existing process. The updates include amendment to the existing two-step Council review process as well as inclusion of standards that require additional environmental assessment for certain sites. Additionally, recognizing that both SB 35 and AB 2011 incorporate similar streamlined, ministerial review process f or qualifying housing projects (as codified in Government Code Sections 65913.4, 65912.114, and 65912.124), the proposed Ordinance includes text to implement a streamlined, ministerial review process and public oversight process for all streamlined ministerial review required by State law, including AB 2011 applications submitted pursuant to Government Code Section 65912.100.

o 3)
Update to Section 10-1- 19302(B): Community Development Director Determinations; & Section 10-1-19302 (C): City Council Ministerial Design Review/Public Oversight:

Sections 10-1- 19302 (B) & (C) contain the streamlined, ministerial review and public oversight process for SB 35 development projects. These Sections are being amended to include reference to California Government Code Sections 65912.114 and 65912.124, to implement a streamlined, ministerial review and public oversight process for AB 2011 development projects. The proposed update will amend the code to expand the scope of the City’s streamlined ministerial review process, which would apply to all AB 2011 projects in addition to SB 35 projects. Moreover, the proposed Ordinance will require Council to undertake a ministerial review process for final approval of projects requiring streamlined ministerial review, including both SB 35 and AB 2011 projects.

ATTACHMENT 2 - 122
3 • Under the “Discussion” section , bullet number 2) of sub-section SB 35 Streamlined, Ministerial Review Process , the phrase “ preparation of enforceable agreement” was updated to “execution of enforceable agreement” as shown in red text below.

2. S B 35 Application for a Streamlined Ministerial Approval process:

After completing the NOI Application, which includes the Tribal Consultation process and the execution of enforceable agreement(s) with each of the responding tribes and the City, an applicant may submit a SB 35 project application for City’s ministerial review.

• Under the “Discussion” section , sub-section no. 4) Update to Section 10-1- 19302(D): Submission of Application and Payment of Fees, the phrase “approval of NOI” was updated to “completion of NOI” as shown in red text below. 4) Update to Section 10-1-193 02(D): Submission of Application and Payment of Fees:

The Section has been amended to update the list of documents that an applicant will be required to submit along with a SB 35 application after completion of NOI and completion of Tribal Consultation. Per the proposed update an applicant will be required to submit Phase I Environmental Site Assessment (ESA) if a site is identified by the Burbank Fire Department (the Fire Marshall) as having a history of hazardous materials use or storage and any associated follow -up environmental site assessment during NOI s ite eligibility review. Further, if Phase 1 ESA recommends further analysis, including preparation of a Phase II ESA or any additional environmental site assessments, the developer will be required to submit the additional environmental site assessment stu dies as a part of the application. Moreover, the developer will be responsible for any and all cost related to third party review of these additional environmental site assessment documents.

• “Environmental Assessment” section was updated to remove reference to Section 15061(b)(3) of the State CEQA Guidelines. The proposed Ordinance is exempt from CEQA pursuant to Government Code Sections 65912.114(o) and 65912.124(o), which states that Ordinance for implementing a streamlined, ministerial review process for AB 2011 applications shall not be considered a “project” under Division 13 (commencing with Section 21000) of the Public Resources Code and therefore, the proposed Ordinance is exempt from CEQA.

Below are the changes to Attachment 1 &
Attachment 2:
• Title of the Ordinance has been updated to include “When required by State law”, as shown in red text below.

AN ORDINANCE OF THE COUNCIL OF THE CITY OF BURBANK AMENDING TITLE 10, CHAPTER 1 (ZONING) IN ORDER TO AMEND THE STREAMLINED MINISTERIAL

REVIEW AND PUBLIC OVERSIGHT PROCESS FOR APPLICATIONS SUBMITTED

UNDER THE STREAMLINED MINISTERIAL APPROVAL PROCESS WHEN ATTACHMENT 2 - 123
4 REQUIRED BY STATE LAW, INCLUDING GOVERNMENT CODE SECTIONS 65913.4 and 65912.100. (Project No. 23-0001259)
• City Council Findings “G” and “H” have been updated to capture all the projects where State law requires a streamlined ministerial review process, as indicated in red text below.

G. This Ordinance will amend the existing City streamlined ministerial review and public oversight process for SB 35 applications submitted pursuant to Government Code Section 65913.4 by establishing City planning staff review of site eligibility on receipt of a NOI to submit a SB35 application, while maintaining the City Council ministerial design review for final approval of SB 35 applications. Additionally, the Ordinance will implement a streamlined, ministerial review process and public oversight process, which includes final review and approval consideration by the City Council for any project where the State mandates streamlined ministerial review, including AB 2011 applications submitted pursuant to Government Code Section 65912.100.

H. This Ordinance shall be applicable to all pending and future applications submitted pursuant to Government Code Sections 65913.4 and 65912.100, or any other project for which State law mandates streamlined ministerial review.

• Finding “I” was removed from the City Council Findings, because the proposed Ordinance is exempt from CEQA pursuant to Government Code Sections 65912.114(o) and 65912.124(o), which states that Ordinance for implementing a streamlined, ministerial review process for AB 2011 applications shall not be considered a “project” under Division 13 (commencing with Section 21000) of the Public Resources Code and therefore, the proposed Ordinance is exempt from CEQA.

• The amendments to the code sections have been updated by adding a sentence “projects requiring streamlined ministerial review, including SB 35 and AB 2011” to capture all the projects where State law requires a streamlined ministerial review process, in addition to California Government Code Sections 65913.4 and 65912.100.

• Titles for Burbank Municipal Code sections 10-1- 19302 B, C, and D, have been updated by removing reference to SB 35 and AB 2011, as indicated below in red text, to capture all the projects where State law requires a streamlined ministerial review process.

B. COMMUNITY DEVELOPMENT DIRECTOR DETERMINATIONS FOR SB 35 AND AB 2011 APPLICATIONS
ATTACHMENT 2 - 124
5 C. CITY COUNCIL MINISTERIAL DESIGN REVIEW/PUBLIC OVERSIGHT FOR SB 35 AND AB 2011 APPLICATIONS
D. SUBMISSION OF APPLICATION AND PAYMENT OF FEES FOR SB 35 AND AB 2011 APPLICATIONS

ATTACHMENTS
Attachment 1 – Staff Report
Attachment 2 – Draft Ordinance
Attachment 3 – Redline Ordinance

ATTACHMENT 2 - 125
1 STAFF REPORT

DATE: May 16, 2023

TO: Justin Hess, City Manager

FROM: Patrick Prescott, Community Development Director VIA: Fred Ramirez, Asst. Community Development Director – Planning Scott Plambaeck, Planning Manager
BY : Shipra Rajesh, Senior Planner

SUBJECT: Introduction of an Ordinance to Amend the Streamlined Ministerial Review and Public Oversight Process for Development Projects Submitted U nder the Streamlined Ministerial Approval Process P ursuant to State Law, including Government Code Sections 65913.4 (SB 35) and 65912.100 (AB 2011)

RECOMMENDATION
Introduce AN ORDINANCE OF THE COUNCIL OF THE CITY OF BURBANK AMENDING TITLE 10, CHAPTER 1 (ZONING) IN ORDER TO AMEND THE

STREAMLINED MINISTERIAL REVIEW AND PUBLIC OVERSIGHT PROCESS FOR

APPLICATIONS SUBMITTED UNDER THE STREAMLINED MINISTERIAL APPROVAL

PROCESS WHEN REQUIRED BY STATE LAW, INCLUDING GOVERNMENT CODE SECTIONS 65913.4 (SB 35) and 65912.100 (AB 2011). (Zone Text Amendment No. 23- 0001259) (Attachment 1).

BACKGROUND
The City of Burbank is subject to SB 35’s streamlined, ministerial approval process for residential developments as a result of i nsufficient progress in providing housing units against their regional housing need assessment (“RHNA”) allocation during the fifth planning cycle (2014 – 2021). The purpose of SB 35 is to create a streamlined ministerial approval process for cities that have not made sufficient progress toward meeting their RHNA allocation to process development applications expeditiously. In addition to SB 35, the City is required to comply with the provisions of AB 2011 that was signed on September 28, 2022 and will become effective on July 1, 2023. AB 2011 allows streamlined, ministerial review process for housing projects in commercial zones and

COMMUNITY

DEVELOPMENT
ATTACHMENT 2 - 126
2 corridors that meet certain objective standards and affordability and site criteria that is similar to SB 35 streamlined ministerial review process.

On January 4, 2022, the Council adopted an ordinance establishing a ministerial review and public oversight process for SB 35 applications requiring two rounds of Council review: an initial review for determination of site eligibility on receipt of a Notic e of Intent (NOI) to submit a SB 35 application, and a final Council review for the approval of SB 35 application (Attachment 3) . During the October 25, 2022, Council meeting, Council directed staff to bring back the existing streamlined ministerial review and public oversight process for SB 35 applications for further consideration. The proposed Zone Text Amendment (ZTA) and the associated O rdinance amends the City’s existing ministerial review and public oversight process for SB 35 appl ications by allowing the Community Development Director to review of site eligibility on receipt of a NOI to submit a SB 35 application, while maintaining Council review for final approval of SB 35 applications.

Additionally, the Ordinance will implement a streamlined, ministerial review process and public oversight process for AB 2011 applications submitted pursuant to Government Code Section 65912.100.

Recognizing that both SB 35 and AB 2011 incorporate identical streamlined ministerial review process for multi -family housing projects, the proposed ZTA and the associated Ordinance amend the code to expand the scope of the City’s streamlined ministerial review process, which would apply to all AB 2011 projects in addition to SB 35 projects .

In a similar fashion to SB 35 projects, Council will also undertake a ministerial review process for final approval of an AB 2011 application. Further, since AB 2011 will allow development of qualifying residential and mixed- use projects in commercial zones and corridors, planning staff is working on a ZTA updating objective development standards that would apply to all residential and mixed-use projects in nonresidential zones and will be presented for the Council’s consideration on May 23, 2023.

DISCUSSION
SB 35 Streamlined, Ministerial Review Process
SB 35 became effective in 2018 and established a streamlined ministerial approval process for qualifying housing projects that met certain specified criteria (SB 35 Projects), for cities that have not made sufficient progress toward meeting their RHNA allocation (Attachment 4). Cities are limited to evaluating SB 35 Projects against objective zoning standards, objective subdivision standards, and objective design review standards in effect at the time a NOI to submit an SB 35 Project is submitted to the City. Additionally, SB 35 requires that cities streamline the processing of SB 35 Projects through strict processing timelines. The SB 35 Project review process broadly includes two steps:

1. NO
I Application to apply for a Streamlined Ministerial Approval Process:

The first step is for a prospective applicant to submit a NOI Application to the City for a potentially eligible SB 35 project. W ithin 30 days of receipt of an NOI ATTACHMENT 2 - 127
3 application, the City must begin the notification and consultation process with the California Native American tribes that are traditionally and culturally affiliated with the geographic area of the Project site providing information on the proposed development. The NOI process is deemed complete once Tribal Consultation process is concluded pursuant Government Code Section 65913.4(b) (included in Attachment 4).

2. SB 3 5 Application for a Streamlined Ministerial Approval process:

After completing the NOI Application, which includes the Tr ibal Consultation process and the execution of enforceable agreement(s) with each of the responding tribes and the City, an applicant may submit a SB 35 project application for City’s ministerial review.

AB 2011 Streamlined, Ministerial Review Process
AB 2011, also known as the Affordable Housing and High Road Jobs Act of 2022, allows streamlined, ministerial review for a housing development that meets certain objective standards, and affordability and site criteria, on commercially zoned sites where office, retail, or parking uses are permitted by right (Attachment 5) . Development projects submitted under AB 2011 will undergo a preliminary review for analysis of site eligibility as well as a project’s compliance with specified objective standards and affordability requirements. Once a project is determined to comply with the specified objective standards, affordability criterion, and site eligibility requirement specified in Government Code Sections 65912.111 through 65912.113 and 65912.121 through 65912.123, it will be eligible for a streamlined, ministerial review and public oversight process pursuant to Government Code Se ctions 65912.114 and 65912.124, that is similar to the SB 35 streamlined, ministerial review process codified in Government Code Section 65913.4.

The City’s Streamlined, Ministerial Review Process fo
r SB 35 Applications
Council adopted Ordinance No. 22-3,964 on January 4, 2022, establishing a streamlined ministerial review and public oversight process for SB 35 applications pursuant to the requirements in California Government Code Section 65913.4 (Attachment 3) . The ordinance establishes a two -step Council review process for reviewing SB 35 applications.

1. NO I Application: Council review of NOI for verifying site eligibility, which occurs within 60 days of receipt of the NOI application. After completing the NOI to submit an application for streamlined ministerial approval process, which includes Tribal Consultation pursuant to Government Code Section 65913.4, an applicant may ATTACHMENT 2 - 128
4 submit an application for streamlined ministerial approval processing to the City [Burbank Municipal Code (BMC) Section 10-1-19302(A).

2. S B 35 Application: Council review of Community Development Director’s determination of a project’s consistency with objective zoning standards, objective subdivision standards, and objective design review standards applicable to the project, which must be completed in 90 days for projects with 150 or fewer units and 180 days for projects with more than 150 units, measured from the date of the application submittal [Burbank Municipal Code (BMC) Section 10-1-19302(C).

Proposed Changes to the Cit
y’s SB 35 Streamlined, Ministerial Review Process
Per the City Council’s direction to bring back the City’s streamlined, ministerial review process for SB 35 applications for further consideration, Ordinance No. 22- 3,964 has been updated to amend the existing process. The updates include amendment to the existing two-step Council review process as well as inclusion of standards that require additional environmental assessment for certain sites. Additionally, recognizing that both SB 35 and AB 2011 incorporate similar streamlined, ministerial review process for qualifying housing projects (as codified in Government Code Sections 65913.4, 65912.114, and 65912.124) , the proposed Ordinance includes text to implement a streamlined, ministerial review process and public oversight process for all streamlined ministerial review required by State law, including AB 2011 applications submitted pursuant to Government Code Section 65912.100. These updates are discussed below (Attachment 2).

1) U
pdate to Sections 10 -1-1909(E): Streamlined Ministerial Approval Process; 10-1- 19300 (A): Purpose; Section 10-1-19300 (B): Intent; and Section 10-1- 19302:

Streamlined Ministerial Approval Process:

2) U pdate to Section 10-1- 19302(A): Notice of Intent to Submit a SB 35 Application:
a) The proposed update would enable planning staff review for determination of site eligibility for SB 35 applications, while maintaining Council review for the final approval of a project.

b) Additionally, the s ub-section has been updated to provide clarification on the documents that are required from an applicant for SB 35 development projects after completion of NOI and Tribal Consultation. Currently, the existing ordinance specifies submission of both a building permit and SB 35 application after ATTACHMENT 2 - 129
5 completion of NOI and Tribal Consultation. The proposed update would require an applicant to submit an SB 35 streamlined ministerial approval process application demonstrating a project’s eligibility under California Government Code Section 65913.4, after completion of NOI and Tribal Consultation. The applicant will be allowed to submit a building permit application after City Council approval of the SB 35 application.

3) U pdate to Section 10 -1-19302(B): Community Development Director Determinations; & Section 10-1-19302 (C): City Council Ministerial Design Review/Public Oversight:

Sections 10-1-19302 (B) & (C) contain the streamlined, ministerial review and public oversight process for SB 35 development projects. These Sections are being amended to include reference to California Government Code Sections 65912.114 and 65912.124, to implement a streamlined, minis terial review and public oversight process for AB 2011 development projects. The proposed update will amend the code to expand the scope of the City’s streamlined ministerial review process, which would apply to all AB 2011 projects in addition to SB 35 projects. Moreover, the proposed Ordinance will require Council to undertake a ministerial review process for final approval of projects requiring streamlined ministerial review, including both SB 35 and AB 2011 projects.

4) U
pdate to Section 10-1- 19302(D): Submission of Application and Payment of Fees:

The Section has been amended to update the list of documents that an applicant will be required to submit along with a SB 35 application after completion of NOI and completion of Tribal Consultation. Per the proposed update an applicant will be required to submit Phase I Environmental Site Assessment (ESA) if a site is identified by the Burbank Fire Department (the Fire Marshall) as having a history of hazardous materials use or storage and any associated follow-up environmental site assessment during NOI site eligibility review. Further, if Phase 1 ESA recommends further analysis, including preparation of a Phase II ESA or any additional environmental site assessments, the developer will be required to submit the additional environmental site assessment studies as a part of the application. Moreover , the developer will be responsible for any and all cost related to third party review of these additional environmental site assessment documents.

Additionally, the Section has been updated to include reference to California Government Code Section 65812.100, to establish submittal requirements for AB 2011 development projects, in addition to SB 35 development projects.

5) U
pdate to Section 10-1- 19303: Changes to State Law:

This Section specifies the course of action in case of any changes to the State law.

The proposed update expands the purview of this Section to capture any future changes to California Government Code Section 65812.100 for AB 2011 development ATTACHMENT 2 - 130
6 projects, in addition to Government Code Section 65913.4 for SB 35 development projects.

ENVIRONMENTAL ASSESSMENT
The proposed ZTA and Ordinance has been determined to be exempt from CEQA review pursuant to Government Code Sections 65912.114(o) and 65912.124(o), which states that Ordinance for implementing a streamlined, ministerial review process for AB 2011 applications shall not be considered a “project” under Division 13 (commencing with Section 21000) of the Public Resources Code and therefore, the proposed Ordinance is exempt from CEQA.

FISCAL IMPACT
The proposed ZTA and the associated Ordinance seeks to amend the City’s streamlined ministerial review and public oversight process for development projects submitted under SB 35 (Government Code Section 65913.4). Additionally, the ZTA expands the scope of the City’s streamlined, ministerial review and public oversight process to implement a process for development projects submitted under AB 2011 (Government Code Section 65912.100). The ZTA proposes updates to an existing process and does not propose any changes to the established cost recovery application fees for Notice of Intent (NOI) and SB 35 application or implement any new fee for AB 2011 application. Therefore, the proposed ZTA and the proposed Ordinance will not have an impact on the City’s budget.

CONCLUSION
Based on City Council direction, staff has prepared an update to the City's streamlined, ministerial review process for SB 35 applications to allow planning staff review of site eligibility on receipt of a NOI to submit a SB 35 application, while maintaining the City Council review for final approval of SB 35 applications. Additionally, the Ordinance will implement a streamlined, ministerial review process and public oversight process for AB 2011 applications submitted pursuant to Government Code Section 65912.100.

Furthermore, the proposed updates include language that require an applicant to provide Phase 1 and Phase 2 ESA for sites that are identified as hazardous by the Burbank Fire Department in conjunction with applications submittals for both SB 35 and AB 2011 development projects.

The State approved the SB 35 streamlined ministerial approval process to address the State’s Housing Crisis. Moreover, the recently signed bill AB 2011 (effective July 1, 2023), will allow streamlined, ministerial review process for housing projects that m eet certain objective standards and affordability and site criteria that is similar to SB 35 streamlined ministerial review process . The purpose of SB 35 and AB 2011 is to streamline the development review process to encourage the production of housing. The City is subject to the requirements of AB 2011, which will sunset in 2033. Additionally, the City is subject to the requirements of SB 35, as a result of issuing only 26% of permits against its fifth ATTACHMENT 2 - 131
7 cycle (2014-2021) RHNA allocations and, as such, have not met RHNA obligation during the previous eight -year planning period of the City’s Housing Element. The City is required to have at least 50% permitting progress for applicable income categories as noted in the City’s RHNA allocation during the First Half Reporting Period of the sixth planning cycle (2021- 2029) i.e., by April 2025, to attain exemption from S B 35’s streamlined, ministerial approval process for residential developments.

ATTACHMENTS
Attachment 1 - Draft Ordinance
Attachment 2 - Redlined Ordinance
Attachment 3 - Ordinance No. 22-3,964
Attachment 4 - Government Code Section 65913.4
Attachment 5 - Government Code Section 65812.100
Correspondences
ATTACHMENT 2 - 132
ATTACHMENT 1-1

Eff.: ORDINANCE NO. ____________

AN ORDINANCE OF THE COUNCIL OF THE CITY OF BURBANK AMENDING TITLE 10, CHAPTER 1 (ZONING) IN ORDER TO AMEND THE STREAMLINED MINISTERIAL

REVIEW AND PUBLIC OVERSIGHT PROCESS FOR APPLICATIONS SUBMITTED

UNDER THE STREAMLINED MINISTERIAL APPROVAL PROCESS WHEN REQUIRED BY STATE LAW, INCLUDING GOVERNMENT CODE SECTIONS 65913.4 (SB 35) and 65912.100 (AB 2011). (Zone Text Amendment No. 23-0001259)

City Attorney’s Synopsis

This Ordinance amends Title 10 of the Burbank Municipal Code to update the streamlined ministerial review and public oversight process for multifamily housing development projects submitted in compliance with State law, including Senate Bill 35 and Assembly Bill 2011 , codified as California Government Code Section 65913.4 and 65912.100.

THE CITY COUNCIL OF THE CITY OF BURBANK FINDS, DETERMINES AND DECLARES THAT:

A. California Senate Bill 35 (“SB 35”) (Government Code Section 65913.4) was signed by Governor Jerry Brown on September 29, 2017 and became effective January 1, 2018. SB 35 applies to cities and counties that have not made sufficient progress toward meeting their affordable housing goals for above- moderate and lower -income levels as mandated by the State. SB 35 requires cities and counties to streamline the review and approval of certain affordable housing projects by providing a ministerial process.

D. Assembly Bill 2011 (“AB 2011”) ( Government Code Section 65912.100) was signed by Governor Gavin Newsom on September 28, 2022 and will become effective on July 1, 2023. AB 2011 allows streamlined, ministerial review process for housing projects that meet certain objective standards and affordability and site criteria that is similar to SB 35 streamlined ministerial review process.

ATTACHMENT 2 - 133
ATTACHMENT 1-2

E. On January 4, 2022, pursuant to the requirements in California Government Code Section 65913.4, the City Council adopted Ordinance No. 22- 3,964 establishing a ministerial review and public oversight proces s for SB 35 applications that requires two rounds of City Council review, an initial review for determination of site eligibility on receipt of a Notice of Intent (NOI) to submit a SB35 application, and a final City Council ministerial design review for the approval of SB 35 application.

G. This Ordinance will amend the existing City streamlined ministerial review and public oversight process for SB 35 applications submitted pursuant to Government Code Section 65913.4 by establishing City planning staff review of site eligibility on receipt of a NOI to submit a SB35 application, while maintaining the City Council ministerial design review for final approval of SB 35 applications. Additionally, the Ordinance will implement a streamlined, ministerial review process and public oversight process , which includes final review and approval consideration by the City Council for any project where the State mandates streamlined ministerial review, including AB 2011 applications submitted pursuant to Government Code Section 65912.100.

I. Pursuant to Government Code Sections 65912.114(o) and 65912.124(o), the City Council has determined that adoption of this ordinance for implementing a streamlined, ministerial review process for AB 2011 applications shall not be considered a “project” under Division 13 (commencing with Section 21000) of the Public Resources Code and therefore, adoption of this ordinance is exempt from CEQA.

THE COUNCIL OF THE CITY OF BURBANK DOES ORDAIN AS FOLLOWS:

1. All the findings set forth above are true and correct and are incorporated herein as if restated in their entirety.

2. Section 10-1- 1909 of the Burbank Municipal Code, entitled “Submission of Development Review”, is amended by adding subsection E as follows:

E. STREAMLINED MINISTERIAL APPROVAL PROCESS
Development projects submitted pursuant to California Government Code Sections 65913.4 and 65912.100, as may be amended from time to time, and projects that otherwise require streamlined ministerial review, shall be processed through a streamlined ministerial approval process as outlined in Article 19, Division 12, entitled STREAMLINED MINISTERIAL APPROVAL PROCESS, commencing with Section 19300, et. seq.

ATTACHMENT 2 - 134
ATTACHMENT 1-3

3. Article 19 of the Burbank Municipal Code, entitled “Zoning Procedures and Amendments”, is amended to include a new Division 12 as follows:

Division 12. Streamlined Ministerial Approval Process

10-1-19300: PURPOSE AND INTENT:

A. PURPOSE.

The City Council declares and finds all the following:

1. The California Legislature finds and declares that ensuring access to affordable housing is a matter of statewide concern.

3. The City Council shall undertake ministerial design review and public oversight as provided for in SB 35 and AB 2011 (California Government Code Section s 65913.4, 65912.114, and 65912.12 4), and any other project for which State law requires streamlined ministerial review.

B. INTENT.

The intent of this Division is, to the extent permissible by law, establish a streamlined ministerial review and public oversight process for the City Council’s final review and approval of projects requiring streamlined ministerial review, including SB 35 and AB 2011 applications pursuant to the requirements in California Government Code Sections 65913.4 and 65912.100.

10-1-19301: DEFINITIONS:

“Application” means a submission requesting Streamlined Ministerial Approval pursuant to Government Code section 65913.4 and the Guidelines, which contain information pursuant to Section 300(b) describing the development’s compliance with the criteria outlined in Article IV of the Guidelines.

manner of carrying out the project. The public official merely ensures that the proposed development meets all the "objective zoning standards," "objective subdivision standards," and "objective design review standards" in effect at the time that the application is submitted to the local government but uses no special discretion or judgment in reaching a decision.

“Objective zoning standard”, “objective subdivision standard”, and “objective design review standard” means 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 applicant or development proponent and the public official prior to submittal, and includes only such standards as are published and adopted by ordinance or resolution by a local jurisdiction before submission of a development application.

10-1-19302: STREAMLINED MINISTERIAL APPROVAL PROCESS
Development projects submitted pursuant to California Government Code Section 65913.4 shall be reviewed in accordance with the procedures set forth in Subsection (b) of Section 65913.4, and development projects submitted pursuant to California Government Code Section 65912.100 shall be reviewed in accordance with the procedures set forth in Government Code Sections 65912.114 and 65912.124, as such procedures may be amended from time to time, and as further set forth in this Division

12. A. NOTICE OF INTENT TO SUBMIT A SB 35 APPLICATION

approval process application demonstrating the proposed project’s eligibility under California Government Code Section 65913.4. Once an application is submitted, the process set forth in subsections B-F, below, shall be followed.

B. COMMUNITY DEVELOPMENT DIRECTOR DETERMINATIONS

(1) The Community Development Director shall review the applications submitted pursuant to California Government Code Sections 65913.4, 65912.100, or other State requirement for streamlined ministerial review, as applicable, and determine if a project is consistent with or conflicts with any of the objective zoning standards, objective subdivision standards, and objective design review standards applicable to the project. The Community Development Director’s review of the project shall be completed within 60 days of an application submittal for projects of 150 or fewer units, and 90 days for projects consisting of more than 150 units.

(3) If the application can be brought into compliance with minor changes to the proposal, the City, in lieu of making detailed findings, will allow the applicant to correct any deficiencies within the timeframes noted subsection B(2) above.

C. CITY COUNCIL MINISTERIAL DESIGN REVIEW/PUBLIC OVERSIGHT

The City Council, at a noticed public meeting, shall undertake ministerial design review and public oversight as provided for in California Government Code Sections 65913.4, 65912.114, 65912.124, and other applicable State requirements for streamlined ministerial review. City Council review shall include review of the Community Development Director’s determination as outlined in subsection B above. Furthermore, the City Council’s review under this process shall be objective and strictly focused on the project’s compliance with the criteria required for a streamlined project pursuant to the ATTACHMENT 2 - 137
ATTACHMENT 1-6

California Government Code Sections 65913.4 and 65912.100, and consistency with City reasonable objective zoning standards, objective subdivision standards, and objective design review standards applicable to the project, which have been adopted prior to the applications submittal to the City and are applicable to other developments within the City.

The City Council’s ministerial review and public oversight process shall not in any way inhibit, chill or preclude the ministerial approval of the project if it is in compliance with criteria sp ecified in Government Code Section s 65913.4 and 65912.100, and consistent with the objective zoning standards, objective subdivision standards, and objective design review standards applicable to the project.

D. SUBMISSION OF APPLICATION AND PAYMENT OF FEES

Application for development projects submitted pursuant to California Government Code Sections 65913.4, 65812.100, and other projects requiring streamlined ministerial review shall be made as follows:

1 ) On forms furnished by the Community Development Director.

2) Signed by the owner of the property or his duly authorized agent and sworn to by declaration or before a notary public.

3) Filed with the Community Development Director.

4) Submitted with the C ity SB 35 or AB 2011 Checklist Application as may be amended from time to time to comply with changes to applicable State law.

5) S
ubmitted with a p ayment of applications fees based on the City adopted fee schedule.

be responsible for any and all cost related to third party review of additional environmental documents.

E. NOTICE OF PUBLIC HEARING

2) Notice shall be published once in a newspaper of general circulation in the City at least ten (10) business days before the hearing.

F. MODIFICATION

10-1-19303: CHANGES TO STATE LAW

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ATTACHMENT 1-8

5. This Ordinance shall become effective at 12:01 a.m. on the thirty -first (31st) day after the date of adoption.

PASSED AND ADOPTED this day of , 2023.

__________________________
Konstantine Anthony
Mayor

Approved as to Form:

Attest: Office of the City Attorney

_________________________ By: _______________________ Kimberley Clark, City Clerk Joseph H. McDougall City Attorney

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.

CITY OF BURBANK )

AYES:

NOES:

ABSENT:

_________________________
Kimberley Clark, City Clerk

ATTACHMENT 2 - 140
ATTACHMENT 2-1

Redline Ordinance

Proposed Zone Text Amendment changes shown in red text and strike throughs

1. Section 10-1- 1909 of the Burbank Municipal Code, entitled “Submission of Development Review”, is amended by adding subsection E as follows:

E. STREAMLINED MINISTERIAL APPROVAL PROCESS
Development projects submitted pursuant to California Government Code Sections 65913.4 and 65912.100, as may be amended from time to time, and projects that otherwise require streamlined ministerial review, shall be processed through a streamlined ministerial approval process as outlined in Article 19, Division 12, entitled STREAMLINED MINISTERIAL APPROVAL PROCESS, commencing with Section 19300, et. seq.

2. Article 19 of the Burbank Municipal Code, entitled “Z oning Procedures and Amendments”, is amended to include a new Division 12 as follows:

Division 12. Streamlined Ministerial Approval Process

10-1-19300: PURPOSE AND INTENT:

A. PURPOSE.

The City Council declares and finds all the following:

1. The California Legislature finds and declares that ensuring access to affordable housing is a matter of statewide concern.

2. Pursuant to Senate Bill (SB) 35 and Assembly Bill (AB) 2011, a development proponent may submit an application for a development that is subject to the streamlined, ministerial approval process provided by California Government Code Sections 65913.4 and 65912.100, and not be subject to a conditional use permit or any other discretionary local government review or approval.

3. The City Council shall undertake ministerial design review and public oversight as
provided for in SB 35 and AB 2011 (California Government Code Section s 65913.4(d), 65912.114, and 65912.124), and any other project for which State law requires streamlined ministerial review.

B
. INTENT.

The intent of this Division is, to the extent permissible by law, establish a streamlined ministerial review and public oversight process for the City Counc il’s final review and approval of projects requiring streamlined ministerial review, including SB 35 and AB 2011 applications pursuant to the requirements in California Government Code Sections 65913.4 and 65912.100.

ATTACHMENT 2 - 141
ATTACHMENT 2-2

10-1-19301: DEFINITIONS:

“Objective zoning standard”, “objective subdivision standard”, and “objective design review standard” means 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 applicant or development proponent and the public official prior to submittal, and includes only such standards as are published and adopted by ordinance or resolution by a local jurisdiction before submission of a development application.

10-1-19302: STREAMLINED MINISTERIAL APPROVAL PROCESS
Development projects submitted pursuant to California Government Code Section 65913.4 shall be reviewed in accordance with the procedures set forth in Subsection (b) of Section 65913.4, and development projects submitted pursuant to California Government Code Section 65912.100 shall be reviewed in accordance with the procedures set forth in Government Code Sections 65912.114 and 65912.124, as such procedures may be amended from time to time, and as further set forth in this Division

12. A. NOTICE OF INTENT TO SUBMIT AN S
B 35 APPLICATION

ATTACHMENT 2 - 142
ATTACHMENT 2-3

(4) (3
) After completing the NOI to submit an application for streamlined ministerial approval process (also referred to as SB 35 processing) and Tribal Consultation process pursuant to Government Code Section 65913.4, subsection (b), an applicant may submit an application for streamlined ministerial approval processing to the City. The applicant must submit a building permit application and an SB 35 streamlined ministerial approval process application demonstrating the proposed project’s eligibility under California Government Code Section 65913.4.

Once an application is submitted, the process set forth in subsections B-F, below, shall be followed.

B
. COMMUNITY DEVELOPMENT DIRECTOR DETERMINATIONS

(1) The Community Development Director shall review the applications s ubmitted hereunder pursuant to California Government Code Sections 65913.4, 65912.100, or other State requirement for streamlined ministerial review, as applicable, and determine if the a project is consistent with or conflicts with any of the objective zoning standards, objective subdivision standards, and objective design review standards applicable to the project. The Community Development Director’s review of the project shall be completed within 60 days of an application submittal for projects of 150 or fewer units, and 90 days for projects consisting of more than 150 units.

(
2) If the City provides written comments as to any conflicts in the objective standards, or requests additional information to make such a determination, then the 60- or 90 -day timeline will restart upon submittal of a revised development application in response to such written notice. The City’s written comments shall specify the standard or standards with which the development conflicts and shall provide an explanation for the reason or reasons the development conflicts with that standard or standards, within the timeframe specified.

ATTACHMENT 2 - 143
ATTACHMENT 2-4

(3) If the application can be brought into compliance with minor changes to the proposal, the City, in lieu of making detailed findings, will allow the applicant to correct any deficiencies within the timeframes noted subsection B(2) above.

(5) The Community Development Director’s determination shall be forwarded to t
he City Council for Council consideration as part of the ministerial design review/public oversight process as provided for in subsection C, below, under California Government Code Sections 65913.4(d) and 65912.100, or as otherwise required by State housing law.

CITY COUNCIL MINISTERIAL DESIGN REVIEW/PUBLIC OVERSIGHT

The City Council, at a noticed public meeting, shall undertake ministerial design r
eview and public oversight as provided for in California Government Code Sections 65913.4(d), 65912.114, 65912.124, and other applicable State requirement s for streamlined ministerial review. City Council review shall include review of the Community Development Director’s determination as outlined in subsection B above. Furthermore, the City Council’s review under this process shall be objective and strictly focused on the project’s compliance with the criteria required for a streamlined project pursuant to the California Government Code Sections 65913.4 and 65912.100, and consistency with City reasonable objective zoning standards, objective subdivision standards, and objective design review standards applicable to the project, which have been adopted prior to the applications submittal to the City and are applicable to other developments within the City.

T
he City Council’s review and a final determination on whether an application complies with the criteria under California Government Code Sections 65913.4 and 65912.100, and the reasonable objective zoning standards, objective subdivision standards, and objective design review standards applicable to the project must be completed in 90 days for projects with 150 or fewer units and 180 days for projects with more than 150 units, measured from the date of the application submittal.

The City Council’s ministerial review and public oversight process shall not in any way inhibit, chill or preclude the ministerial approval of the project if it is in compliance with criteria sp ecified in Government Code Sections 65913.4 and 65912.100, and consistent with the objective zoning standards, objective subdivision standards, and objective design review standards applicable to the project.

D. SUBMISSION OF APPLICATION AND PAYMENT OF FEES

Application for Dd evelopment projects submitted pursuant to California Government Code Sections 65913.4, 65812.100, and other projects requiring ATTACHMENT 2 - 144
ATTACHMENT 2-5

streamlined ministerial review must submit the following materials to the Community Development Department’s Planning Division shall be made as follows:

1) On forms furnished by the Community Development Director.

2) Signed by the owner of the property or his duly authorized agent and sworn to by declaration or before a notary public.

3) Filed with the Community Development Director.

4) Submitted with the City SB 35 or AB 2011 Checklist Application as may be amended from time to time to comply with changes to applicable State law.

5) S
ubmitted with a Pp ayment of applications fees based on the City adopted fee schedule.

E. NOTICE OF PUBLIC HEARING

2) Notice shall be published once in a newspaper of general circulation in the City at least ten (10) business days before the hearing.

F. MODIFICATION

ATTACHMENT 2 - 145
ATTACHMENT 2-6

10-1-19303: CHANGES TO STATE LAW

ATTACHMENT 2 - 146

Burbank City CouncilMay 23, 2023

Burbank City Council
May 23, 2023