Senate Bill No. 9
CHAPTER 162
An act to amend Section 66452.6 of, and to add Sections 65852.21 and 66411.7 to, the Government Code, relating to land use.
[Approved by Governor September 16, 2021. Filed with
Secretary of State September 16, 2021.]
legislative counsel’s digest
SB 9, Atkins. Housing development: approvals.
The Planning and Zoning La w provides for the creation of accessory dwelling units by local ordinance, or, if a local agency has not adopted an ordinance, by ministerial approval, in accordance with specified standards and conditions.
This bill, among other things, w ould require a proposed housing development containing no more than 2 residential units within a single-family residential zone to be considered ministerially , without discretionary review or hearing, if the proposed housing development meets certain requirements, including, but not limited to, that the proposed housing development would not require demolition or alteration of housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and f amilies of moderate, lo w, or very low income, that the proposed housing de velopment does not allo w for the demolition of more than 25% of the existing exterior structural walls, except as provided, and that the de velopment is not located within a historic district, is not included on the State Historic Resources In ventory, or is not within a site that is legally designated or listed as a city or county landmark or historic property or district.
The bill would set forth what a local agenc y can and cannot require in approving the construction of 2 residential units, including, but not limited to, authorizing a local agency to impose objective zoning standards, objective subdivision standards, and objecti ve design standards, as defined, unless those standards w ould ha ve the ef fect of ph ysically precluding the construction of up to 2 units or ph ysically precluding either of the 2 units from being at least 800 square feet in floor area, prohibiting the imposition of setback requirements under certain circumstances, and setting maximum setback requirements under all other circumstances.
The Subdivision Map Act vests the authority to regulate and control the design and improvement of subdivisions in the le gislative body of a local agency and sets forth procedures governing the local agency’s processing, approval, conditional approval or disapproval, and filing of tentative, final, and parcel maps, and the modification of those maps. Under the Subdivision Map Act, an approved or conditionally approved tentative map expires 24
94 months after its appro val or conditional appro val or after an y additional period of time as prescribed by local ordinance, not to exceed an additional 12 months, except as provided.
This bill, among other things, would require a local agency to ministerially approve a parcel map for an urban lot split that meets certain requirements, including, but not limited to, that the urban lot split w ould not require the demolition or alteration of housing that is subject to a recorded co venant, ordinance, or la w that restricts rents to le vels affordable to persons and families of moderate, lo w, or v ery low income, that the parcel is located within a single-f amily residential zone, and that the parcel is not located within a historic district, is not included on the State Historic Resources Inventory, or is not within a site that is legally designated or listed as a city or county landmark or historic property or district.
The bill would set forth what a local agenc y can and cannot require in approving an urban lot split, including, b ut not limited to, authorizing a local agency to impose objecti ve zoning standards, objecti ve subdivision standards, and objective design standards, as defined, unless those standards would have the effect of physically precluding the construction of 2 units, as defined, on either of the resulting parcels or physically precluding either of the 2 units from being at least 800 square feet in floor area, prohibiting the imposition of setback requirements under certain circumstances, and setting maximum setback requirements under all other circumstances. The bill would require an applicant to sign an affida vit stating that they intend to occupy one of the housing units as their principal residence for a minimum of 3 years from the date of the appro val of the urban lot split, unless the applicant is a community land trust or a qualified nonprofit corporation, as specified. The bill w ould prohibit a local agenc y from imposing an y additional owner occupancy standards on applicants. By requiring applicants to sign affida vits, thereby e xpanding the crime of perjury , the bill w ould impose a state-mandated local program.
The bill would also extend the limit on the additional period that may be provided by ordinance, as described abo ve, from 12 months to 24 months and would make other conforming or nonsubstantive changes.
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 ha ve a significant ef fect on the en vironment. CEQA does not apply to the approval of ministerial projects.
This bill, by establishing the ministerial review processes described above, would thereby exempt the approval of projects subject to those processes from CEQA.
The California Coastal Act of 1976 pro vides for the planning and regulation of de velopment, under a coastal de velopment permit process, within the coastal zone, as defined, that shall be based on v arious coastal resources planning and management policies set forth in the act. 94 — 2 — Ch. 162
This bill would exempt a local agency from being required to hold public hearings for coastal de velopment permit applications for housing developments and urban lot splits pursuant to the above provisions.
By increasing the duties of local agencies with respect to land use regulations, the bill would impose a state-mandated local program.
The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for specified reasons.
The people of the State of California do enact as follows:
SECTION 1. Section 65852.21 is added to the Government Code, to read:
65852.21. (a) A proposed housing de velopment containing no more than two residential units within a single-f amily residential zone shall be considered ministerially, without discretionary re view or a hearing, if the proposed housing development meets all of the following requirements:
(1) The parcel subject to the proposed housing de velopment is located within a city , the boundaries of which include some portion of either an urbanized area or urban cluster, as designated by the United States Census Bureau, or , for unincorporated areas, a le gal parcel wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau.
(2) The parcel satisfies the requirements specified in subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) of Section 65913.4. (3) Notwithstanding any provision of this section or an y local law, the proposed housing development would not require demolition or alteration of any of the following types of housing:
(A) Housing that is subject to a recorded co venant, ordinance, or la w that restricts rents to levels 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 a tenant in the last three years. (4) The parcel subject to the proposed housing de velopment is not a parcel on which an o wner of residential real property has e xercised the owner’s rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within 15 years before the date that the de velopment proponent submits an application.
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(5) The proposed housing de velopment does not allo w the demolition of more than 25 percent of the existing exterior structural walls, unless the housing development meets at least one of the following conditions:
(A) If a local ordinance so allows.
(B) The site has not been occupied by a tenant in the last three years. (6) The development is not located within a historic district or property included on the State Historic Resources In ventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance.
(b) (1) Notwithstanding an y local la w and e xcept as pro vided in paragraph (2), a local agenc y may impose objecti ve zoning standards, objective subdivision standards, and objective design review standards that do not conflict with this section.
(2) (A) The local agency shall not impose objecti ve zoning standards, objective subdivision standards, and objective design standards that would have the effect of physically precluding the construction of up to two units or that would physically preclude either of the two units from being at least 800 square feet in floor area.
(B) (i) Notwithstanding subparagraph (A), no setback shall be required for an existing structure or a structure constructed in the same location and to the same dimensions as an existing structure.
(ii) Notwithstanding subparagraph (A), in all other circumstances not described in clause (i), a local agenc y may require a setback of up to four feet from the side and rear lot lines.
(c) In addition to an y conditions established in accordance with subdivision (b), a local agency may require any of the following conditions when considering an application for two residential units as provided for in this section:
(1) Off-street parking of up to one space per unit, e xcept that a local agency shall not impose parking requirements in either of the follo wing instances:
(A) The parcel is located within one-half mile walking distance of either a high-quality transit corridor, as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop, as defined in Section 21064.3 of the Public Resources Code.
(B) There is a car share vehicle located within one block of the parcel. (2) For residential units connected to an onsite w astewater treatment system, a percolation test completed within the last 5 years, or , if the percolation test has been recertified, within the last 10 years. (d) Notwithstanding subdivision (a), a local agency may deny a proposed housing development project if the building official makes a written finding, based upon a preponderance of the e vidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdi vision (d) of Section 65589.5, upon public health and safety or the physical environment and for which there is 94 — 4 — Ch. 162
no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.
(e) A local agency shall require that a rental of any unit created pursuant to this section be for a term longer than 30 days.
(f) Notwithstanding Section 65852.2 or 65852.22, a local agenc y shall not be required to permit an accessory dwelling unit or a junior accessory dwelling unit on parcels that use both the authority contained within this section and the authority contained in Section 66411.7. (g) Notwithstanding subparagraph (B) of paragraph (2) of subdi vision (b), an application shall not be rejected solely because it proposes adjacent or connected structures pro vided that the structures meet b uilding code safety standards and are sufficient to allow separate conveyance. (h) Local agencies shall include units constructed pursuant to this section in the annual housing element report as required by subparagraph (I) of paragraph (2) of subdivision (a) of Section 65400.
(i) For purposes of this section, all of the following apply:
(1) A housing de velopment contains tw o residential units if the development proposes no more than two new units or if it proposes to add one new unit to one existing unit.
(2) The terms “objecti ve zoning standards, ” “objecti ve subdi vision standards,” and “objecti ve design re view standards” mean standards that involve no personal or subjecti ve judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion a vailable and kno wable by both the de velopment applicant or proponent and the public official prior to submittal. These standards may be embodied in alternati ve objective land use specifications adopted by a local agency, and may include, but are not limited to, housing overlay zones, specific plans, inclusionary zoning ordinances, and density bonus ordinances. (3) “Local agency” means a city , county, or city and county , whether general law or chartered.
(j) A local agency may adopt an ordinance to implement the provisions of this section. 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.
(k) Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code), except that the local agenc y shall not be required to hold public hearings for coastal de velopment permit applications for a housing development pursuant to this section.
SEC. 2. Section 66411.7 is added to the Government Code, to read:
66411.7. (a) Notwithstanding any other provision of this division and any local law, a local agency shall ministerially approve, as set forth in this section, a parcel map for an urban lot split only if the local agency determines that the parcel map for the urban lot split meets all the follo wing requirements:
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(1) The parcel map subdivides an existing parcel to create no more than two new parcels of approximately equal lot area pro vided that one parcel shall not be smaller than 40 percent of the lot area of the original parcel proposed for subdivision.
(2) (A) Except as pro vided in subparagraph (B), both ne wly created parcels are no smaller than 1,200 square feet.
(B) A local agency may by ordinance adopt a smaller minimum lot size subject to ministerial approval under this subdivision. (3) The parcel being subdivided meets all the following requirements:
(A) The parcel is located within a single-family residential zone. (B) The parcel subject to the proposed urban lot split is located within a city, the boundaries of which 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 wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau.
(C) The parcel satisfies the requirements specified in subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) of Section 65913.4. (D) The proposed urban lot split w ould not require demolition or alteration of any 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) A parcel or parcels on which an o wner of residential real property has exercised the o wner’s rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application.
(iv) Housing that has been occupied by a tenant in the last three years. (E) The parcel is not located within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance.
(F) The parcel has not been established through prior exercise of an urban lot split as provided for in this section.
(G) Neither the o wner of the parcel being subdi vided nor an y person acting in concert with the o wner has pre viously subdivided an adjacent parcel using an urban lot split as provided for in this section. (b) An application for a parcel map for an urban lot split shall be approved in accordance with the following requirements:
(1) A local agency shall approve or deny an application for a parcel map for an urban lot split ministerially without discretionary review. (2) A local agency shall approve an urban lot split only if it conforms to all applicable objective requirements of the Subdivision Map Act (Division 94 — 6 — Ch. 162
2 (commencing with Section 66410)), except as otherwise expressly provided in this section.
(3) Notwithstanding Section 66411.1, a local agenc y shall not impose regulations that require dedications of rights-of-way or the construction of offsite improvements for the parcels being created as a condition of issuing a parcel map for an urban lot split pursuant to this section. (c) (1) Except as provided in paragraph (2), notwithstanding an y local law, a local agenc y may impose objecti ve zoning standards, objecti ve subdivision standards, and objective design review standards applicable to a parcel created by an urban lot split that do not conflict with this section. (2) A local agency shall not impose objective zoning standards, objective subdivision standards, and objecti ve design re view standards that w ould have the ef fect of ph ysically precluding the construction of tw o units on either of the resulting parcels or that would result in a unit size of less than 800 square feet.
(3) (A) Notwithstanding paragraph (2), no setback shall be required for an existing structure or a structure constructed in the same location and to the same dimensions as an existing structure.
(B) Notwithstanding paragraph (2), in all other circumstances not described in subparagraph (A), a local agency may require a setback of up to four feet from the side and rear lot lines.
(d) Notwithstanding subdivision (a), a local agency may deny an urban lot split if the b uilding official mak es a written finding, based upon a preponderance of the e vidence, that the proposed housing de velopment project would have a specific, adv erse impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety or the ph ysical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. (e) In addition to an y conditions established in accordance with this section, a local agency may require any of the following conditions when considering an application for a parcel map for an urban lot split:
(1) Easements required for the provision of public services and facilities. (2) A requirement that the parcels ha ve access to, provide access to, or adjoin the public right-of-way.
(3) Off-street parking of up to one space per unit, e xcept that a local agency shall not impose parking requirements in either of the follo wing instances:
(A) The parcel is located within one-half mile walking distance of either a high-quality transit corridor as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop as defined in Section 21064.3 of the Public Resources Code.
(B) There is a car share vehicle located within one block of the parcel. (f) A local agency shall require that the uses allowed on a lot created by this section be limited to residential uses.
(g) (1) A local agency shall require an applicant for an urban lot split to sign an affida vit stating that the applicant intends to occup y one of the 94 Ch. 162 — 7 —
housing units as their principal residence for a minimum of three years from the date of the approval of the urban lot split.
(2) This subdivision shall not apply to an applicant that is a “community land trust,” as defined in clause (ii) of subparagraph (C) of paragraph (11) of subdivision (a) of Section 402.1 of the Re venue and Taxation Code, or is a “qualified nonprofit corporation” as described in Section 214.15 of the Revenue and Taxation Code.
(3) A local agenc y shall not impose additional o wner occupanc y standards, other than provided for in this subdivision, on an urban lot split pursuant to this section.
(h) A local agency shall require that a rental of any unit created pursuant to this section be for a term longer than 30 days.
(i) A local agency shall not require, as a condition for ministerial approval of a parcel map application for the creation of an urban lot split, the correction of nonconforming zoning conditions.
(j) (1) Notwithstanding an y pro vision of Section 65852.2, 65852.21, 65852.22, 65915, or this section, a local agenc y shall not be required to permit more than two units on a parcel created through the e xercise of the authority contained within this section.
(2) For the purposes of this section, “unit” means an y dwelling unit, including, but not limited to, a unit or units created pursuant to Section 65852.21, a primary dwelling, an accessory dwelling unit as defined in Section 65852.2, or a junior accessory dwelling unit as defined in Section 65852.22.
(k) Notwithstanding paragraph (3) of subdivision (c), an application shall not be rejected solely because it proposes adjacent or connected structures provided that the structures meet b uilding code safety standards and are sufficient to allow separate conveyance.
(l) Local agencies shall include the number of applications for parcel maps for urban lot splits pursuant to this section in the annual housing element report as required by subparagraph (I) of paragraph (2) of subdivision (a) of Section 65400.
(m) For purposes of this section, both of the following shall apply:
(1) “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 de velopment applicant or proponent and the public official prior to submittal. These standards may be embodied in alternative objective land use specifications adopted by a local agency, and may include, but are not limited to, housing o verlay zones, specific plans, inclusionary zoning ordinances, and density bonus ordinances.
(2) “Local agency” means a city , county, or city and county , whether general law or chartered.
(n) A local agency may adopt an ordinance to implement the provisions of this section. An ordinance adopted to implement this section shall not be 94 — 8 — Ch. 162
considered a project under Division 13 (commencing with Section 21000) of the Public Resources Code.
(o) Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code), except that the local agenc y shall not be required to hold public hearings for coastal de velopment permit applications for urban lot splits pursuant to this section.
SEC. 3. Section 66452.6 of the Government Code is amended to read:
66452.6. (a) (1) An approved or conditionally approved tentative map shall expire 24 months after its appro val or conditional appro val, or after any additional period of time as may be prescribed by local ordinance, not to exceed an additional 24 months. Ho wever, if the subdivider is required to expend two hundred thirty-six thousand se ven hundred ninety dollars ($236,790) or more to construct, impro ve, or finance the construction or improvement of public impro vements outside the property boundaries of the tentative map, excluding improvements of public rights-of-way that abut the boundary of the property to be subdivided and that are reasonably related to the development of that property, each filing of a final map authorized by Section 66456.1 shall e xtend the e xpiration of the appro ved or conditionally approved tentative map by 48 months from the date of its expiration, as pro vided in this section, or the date of the pre viously filed final map, whichever is later. The extensions shall not extend the tentative map more than 10 years from its approval or conditional approval. However, a tentative map on property subject to a development agreement authorized by Article 2.5 (commencing with Section 65864) of Chapter 4 of Division 1 may be extended for the period of time provided for in the agreement, but not beyond the duration of the agreement. The number of phased final maps that may be filed shall be determined by the advisory agency at the time of the approval or conditional approval of the tentative map. (2) Commencing January 1, 2012, and each calendar year thereafter, the amount of tw o hundred thirty-six thousand se ven hundred ninety dollars ($236,790) shall be annually increased by operation of law according to the adjustment for inflation set forth in the state wide cost inde x for class B construction, as determined by the State Allocation Board at its January meeting. The effective date of each annual adjustment shall be March 1.
The adjusted amount shall apply to tentati ve and v esting tentative maps whose applications were received after the effective date of the adjustment. (3) “Public improvements,” as used in this subdi vision, include traffic controls, streets, roads, highways, freeways, bridges, overcrossings, street interchanges, flood control or storm drain facilities, sewer facilities, water facilities, and lighting facilities.
(b) (1) The period of time specified in subdi vision (a), including an y extension thereof granted pursuant to subdivision (e), shall not include any period of time during which a de velopment moratorium, imposed after approval of the tentati ve map, is in e xistence. However, the length of the moratorium shall not exceed five years.
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(2) The length of time specified in paragraph (1) shall be e xtended for up to three years, b ut in no e vent be yond January 1, 1992, during the pendency of any lawsuit in which the subdivider asserts, and the local agency that appro ved or conditionally appro ved the tentati ve map denies, the existence or application of a development moratorium to the tentative map. (3) Once a development moratorium is terminated, the map shall be valid for the same period of time as w as left to run on the map at the time that the moratorium was imposed. However, if the remaining time is less than 120 days, the map shall be valid for 120 days following the termination of the moratorium.
(c) The period of time specified in subdi vision (a), including an y extension thereof granted pursuant to subdivision (e), shall not include the period of time during which a lawsuit involving the approval or conditional approval of the tentati ve map is or w as pending in a court of competent jurisdiction, if the stay of the time period is appro ved by the local agenc y pursuant to this section. After service of the initial petition or complaint in the lawsuit upon the local agenc y, the subdi vider may apply to the local agency for a stay pursuant to the local agency’s adopted procedures. Within 40 days after receiving the application, the local agency shall either stay the time period for up to five years or deny the requested stay. The local agency may, by ordinance, establish procedures for re viewing the requests, including, b ut not limited to, notice and hearing requirements, appeal procedures, and other administrative requirements.
(d) The expiration of the appro ved or conditionally appro ved tentative map shall terminate all proceedings and no final map or parcel map of all or any portion of the real property included within the tentati ve map shall be filed with the le gislative body without first processing a ne w tentative map. Once a timely filing is made, subsequent actions of the local agency, including, but not limited to, processing, appro ving, and recording, may lawfully occur after the date of expiration of the tentative map. Delivery to the county surv eyor or city engineer shall be deemed a timely filing for purposes of this section.
(e) Upon application of the subdivider filed before the expiration of the approved or conditionally appro ved tentative map, the time at which the map expires pursuant to subdivision (a) may be extended by the legislative body or by an advisory agenc y authorized to appro ve or conditionally approve tentative maps for a period or periods not e xceeding a total of six years. The period of e xtension specified in this subdi vision shall be in addition to the period of time pro vided by subdi vision (a). Before the expiration of an appro ved or conditionally appro ved tentative map, upon an application by the subdi vider to e xtend that map, the map shall automatically be e xtended for 60 days or until the application for the extension is approved, conditionally approved, or denied, whichever occurs first. If the advisory agenc y denies a subdi vider’s application for an extension, the subdivider may appeal to the legislative body within 15 days after the advisory agency has denied the extension.
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(f) For purposes of this section, a de velopment moratorium includes a water or sewer moratorium, or a w ater and sewer moratorium, as well as other actions of public agencies that regulate land use, development, or the provision of services to the land, including the public agenc y with the authority to appro ve or conditionally appro ve the tentati ve map, which thereafter prevents, prohibits, or delays the appro val of a final or parcel map. A development moratorium shall also be deemed to exist for purposes of this section for any period of time during which a condition imposed by the city or county could not be satisfied because of either of the following:
(1) The condition was one that, by its nature, necessitated action by the city or county, and the city or county either did not take the necessary action or by its o wn action or inaction w as prevented or delayed in taking the necessary action before expiration of the tentative map. (2) The condition necessitates acquisition of real property or any interest in real property from a public agenc y, other than the city or county that approved or conditionally approved the tentative map, and that other public agency fails or refuses to convey the property interest necessary to satisfy the condition. Ho wever, nothing in this subdi vision shall be construed to require any public agency to convey any interest in real property owned by it. A development moratorium specified in this paragraph shall be deemed to have been imposed either on the date of approval or conditional approval of the tentative map, if evidence was included in the public record that the public agency that owns or controls the real property or any interest therein may refuse to convey that property or interest, or on the date that the public agency that owns or controls the real property or any interest therein receives an offer by the subdivider to purchase that property or interest for fair market value, whiche ver is later . A de velopment moratorium specified in this paragraph shall extend the tentative map up to the maximum period as set forth in subdivision (b), but not later than January 1, 1992, so long as the public agency that owns or controls the real property or any interest therein fails or refuses to convey the necessary property interest, regardless of the reason for the f ailure or refusal, e xcept that the de velopment moratorium shall be deemed to terminate 60 days after the public agency has officially made, and communicated to the subdivider, a written offer or commitment binding on the agenc y to convey the necessary property interest for a f air market value, paid in a reasonable time and manner.
SEC. 4. The Le gislature finds and declares that ensuring access to affordable housing is a matter of state wide concern and not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Sections 1 and 2 of this act adding Sections 65852.21 and 66411.7 to the Go vernment Code and Section 3 of this act amending Section 66452.6 of the Go vernment Code apply to all cities, including charter cities.
SEC. 5. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agenc y 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 94 Ch. 162 — 11 —
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 Go vernment Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
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