Imperial Beach City Council
May 21, 2025

LAST MINUTE AGENDA INFORMATION
05/21/2025 Regular City Council Meeting
(Agenda Related Writings/Documents provided to a majority of the City Council after distribution of the Agenda Packet for the May 21, 2025, meeting.) ITEM
NO. SUBJECT TITLE DESCRIPTION

10.a

REGULAR COASTAL PERMIT, DESIGN

REVIEW, SITE PLAN REVIEW, AND

CEQA CATEGORICAL EXEMPTION
SECTION 15302 TO CONSTRUCT A NEW
SPLASH PAD FACILITY AT THE I.B.

PORTWOOD PIER PLAZA (APN 625-330-
08-00 & 625-330-09-00 & 625-330-10-00).

USE-25-0007. MF 1661(0920-20)
a. Correspondence from Sandra
Brillhart

11.a

CONSIDER ADOPTING RESOLUTION
2025-028 OPPOSING DETRIMENTAL

EFFECTSOF FEDERAL TARIFFS ON THE
LOCAL AND REGIONAL ECONOMY.
(0460-40)
a. Correspondence from Myriam
Mendoza
b. Correspondence from Sandra
Brillhart

11.b
DISCUSS SENATE BILL 79 AND

CONSIDER AUTHORIZING THE MAYOR

TO SEND ALETTER OF OPPOSITION ON

BEHALF OF THE CITY OF IMPERIAL
BEACH. (0460-20)
a. Latest version of SB79
b. Correspondence from Sandra
Brillhart
From: Sandra Brillhart
To: Public Comments
Subject: AGENDA ITEM 10 A - SUPPORT
Date: Tuesday, May 20, 2025 7:56:07 PM
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The proposed Splash Pad is a family-friendly amenity that enhances our beachfront public space and promotes fun, healthy, outdoor activity. It will be a safe and accessible way for children to play and keep cool in warmer weather and provides another reason for visitors to visit and enjoy IB.

Respectfully,
Sandy Brillhart
.
a.1 05/21/2025 Item No. 10.a
Last Minute Agenda Information
From: Myriam Mendoza
To: Public Comments
Subject: SDRCC Support for Item 11a: Opposing the Detrimental Effects of Federal Tariffs on the Local and Regional Economy.

Date: Tuesday, May 20, 2025 10:09:22 AM
Attachments: Outlook-Image.png
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Dear Mayor Aguirre and Members of the Imperial Beach City Council, On behalf of the San Diego Regional Chamber of Commerce, we’d like to convey our strong support for Item 11a: Opposing the Detrimental Effects of Federal Tariffs on the Local and Regional Economy.

The Chamber firmly believes that tariffs on imports are a tax on American businesses and consumers, who ultimately bear the cost of these increased prices. Multiple studies estimate that the average U.S. household will spend up to $7,600 per year because of tariffs.

Our binational region has developed a $2.5 billion manufacturing supply chain that relies on cross-border co-production. In many cases, components cross the U.S.-Mexico border six to seven times before a final product is completed. This level of integration supports job growth on both sides of the border, as for every job created in Baja, creates half a job in San Diego.

Uncertainty from proposed and implemented tariffs is already having a negative impact on our regional economy, especially for small businesses which don’t have the resources to navigate an unstable trade landscape. Small businesses represent 43% of California’s total exports and make up 98% of San Diego's firms. These businesses, many of which are still recovering from the COVID-19 pandemic, are particularly vulnerable to the increased costs and instability caused by tariffs.

We urge the Council to stand with San Diego’s businesses and our community by supporting Item 11a to protect our regional economy and ensure continued economic growth and global competitiveness.

Myriam Mendoza
International Business Affairs Coordinator
San Diego Regional
Chamber of Commerce
p: 619.544.1352
SDChamber.org
a.1 05/21/2025 Item No. 11.a
Last Minute Agenda Information
.
a.2 05/21/2025 Item No. 11.a
Last Minute Agenda Information
From: Sandra Brillhart
To: Public Comments
Subject: Agenda Item 11A SUPPORT
Date: Monday, May 19, 2025 6:43:43 PM
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I encourage City Council to adopt this Resolution and take a stand against the harmful, arbitrary tariffs of the Trump Administration. We are already beginning to feel the impacts of higher prices on imported goods, groceries, and building materials. In addition, tariffs result in fewer export markets for CA farmers, wineries and industry, which is damaging to our State economy. We are living in unprecedented times and as elected officials, you owe it to your constituents to take a stand on issues that impact our state and local economies and add burdens to already suffering IB businesses and residents.

Respectfully,
Sandy Brillhart
.
b.a 05/21/2025 Item No. 11.a
Last Minute Agenda Information
AMENDED IN SENATE MAY 13, 2025
AMENDED IN SENATE APRIL 23, 2025
AMENDED IN SENATE APRIL 9, 2025
AMENDED IN SENATE MARCH 5, 2025
SENATE BILL No. 79
Introduced by Senator Wiener
January 15, 2025
An act to amend Section 54221 of, and to add Chapter 4.1.5 (commencing with Section 65912.155) to Division 1 of Title 7 of, the Government Code, and to add Section 21080.26.5 to the Public Resources Code, relating to land use.
legislative counsel’s digest
SB 79, as amended, Wiener. Local government land: public transit use: housing development: transit-oriented development. (1) Existing law prescribes requirements for the disposal of surplus land by a local agency. Existing law defines “surplus land” for these purposes to mean land owned in fee simple by any local agency for which the local agency’s governing body takes formal action declaring that the land is surplus and is not necessary for the agency’s use. Existing law defines “agency’s use” for these purposes to include land that is being used for agency work or operations, as provided. Existing law exempts from this definition of “agency’s use” certain commercial or industrial uses, except that in the case of a local agency that is a district, except a local agency whose primary purpose or mission is to supply the public with a transportation system, “agency’s use” may include commercial or industrial uses or activities, as specified. a.1 05/21/2025 Item No. 11.b
Last Minute Agenda Information
This bill would additionally include land leased to support public transit operations in the definition of “agency’s use,” as described above.

The bill would also revise the definition of “agency’s use” with respect to commercial or industrial uses to instead provide that a district or a public transit operator may use land for commercial or industrial uses or activities, as described above.
(2)  Existing law, the Planning and Zoning Law, requires each county and city to adopt a comprehensive, long-term general plan for the physical development of the county or city, and specified land outside its boundaries, that contains certain mandatory elements, including a land use element and a housing element. Existing law requires that the land use element designate the proposed general distribution and general location and extent of the uses of the land, as specified. Existing law requires that the housing element consist of an identification and analysis of existing and projected housing needs and a statement of goals, policies, quantified objectives, financial resources, and scheduled programs for the preservation, improvement, and development of housing, as specified. Existing law requires that the housing element include, among other things, an assessment of housing needs and an inventory of resources and constraints that are relevant to the meeting of these needs, including an inventory of land suitable for residential development, as provided. Existing law, for the 4th and subsequent revisions of the housing element, requires the Department of Housing and Community Development to determine the existing and projected need for housing for each region, as specified, and requires the appropriate council of local governments, or the department for cities and counties without a council of governments, to adopt a final regional housing need plan that allocates a share of the regional housing need to each locality in the region.

Existing law, the Housing Accountability Act, among other things, requires a local agency that proposes to disapprove a housing development project, as defined, or to impose a condition that the project be developed at a lower density to base its decision on written findings supported by a preponderance of the evidence that specified conditions exist if that project complies with applicable, objective general plan, zoning, and subdivision standards and criteria in effect at the time that the application was deemed complete. The act authorizes the applicant, a person who would be eligible to apply for residency in the housing development project or emergency shelter, or a housing organization to bring an action to enforce the act’s provisions, as provided, and 2 a.2 05/21/2025 Item No. 11.b
Last Minute Agenda Information
provides for penalties if the court finds that the local agency is in violation of specified provisions of the act.

This bill would require that a housing development project, as defined, proposed within a specified distance of a transit-oriented development (TOD) stop, as defined, be an allowed use on any site zoned for residential, mixed, commercial, or light industrial or commercial development, or a qualified light industrial site, as defined, if the development complies with applicable requirements, as specified. The bill would establish requirements concerning height limits, density, and floor area ratio in accordance with a development’s proximity to specified tiers of TOD stops, as provided. The bill would provide that, for the purposes of the Housing Accountability Act, a proposed development consistent with the applicable standards of these provisions shall be deemed consistent, compliant, and in conformity with prescribed requirements. requirements, as specified. The bill would provide that a local government that denies a project meeting the requirements of these provisions located in a high-resource area, as defined, would be presumed in violation of the Housing Accountability Act, as specified, and immediately liable for penalties, as provided. The bill would specify that a development proposed pursuant to these provisions is eligible for streamlined, ministerial approval pursuant to specified law, except that the bill would exempt a project under these provisions from specified requirements, and would specify that the project is required to comply with certain affordability requirements, under that law.

This bill would require a proposed development to comply with specified requirements under existing law relating to the demolition of existing residential units. units and to include housing for lower income households, as specified. The bill would also authorize a transit agency to adopt objective standards for both residential and commercial development proposed pursuant to these provisions if the development would be constructed on land owned by the transit agency or on which the transit agency has a permanent operating easement, provided that if the land is within 1
⁄2
mile of a TOD stop and the objective standards
allow for the same or greater development intensity as allowed by local standards or applicable state law.

This bill would authorize a local government to enact a local TOD alternative plan as an amendment to the housing element and land use element, and would exempt a local government that has enacted a local TOD alternative plan from the above-specified provisions. The bill would require the plan to maintain at least the same total increase in 3 a.3 05/21/2025 Item No. 11.b
Last Minute Agenda Information
feasible zoned capacity, in terms of both total units and residential floor area, as provided by these provisions across all TOD zones, as defined.

The bill would require a local government, except as provided, to submit the draft plan to the department and would require the department to assess the plan and recommend changes to remove unnecessary constraints on housing.

This bill would require the Department of Housing and Community Development to oversee compliance with the bill’s provisions, including, but not limited to, promulgating specified standards relating to the inventory of land included within a county’s or city’s housing element.

The bill would authorize the regional council of governments or metropolitan planning organization to create a map of designated TOD stops and zones, which would have a rebuttable presumption of validity.

The bill would permit authorize a local government to adopt enact an ordinance to implement make its zoning code consistent with these provisions, as provided. The bill would require the local government to submit a copy of this ordinance to the department within 60 days of adoption enactment and would require the department to review the ordinance for compliance, as specified. If the department finds an ordinance is out of compliance, and the local government does not take specified steps to address compliance, the bill would require the department to notify the local government in writing and authorize the department to notify the Attorney General, as provided.

This bill would define various terms for its purposes and make related findings and declarations.

This 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. (3)  Existing law, 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, until January 1, 2030, exempts from its requirements certain transportation-related projects if specified 4 a.4 05/21/2025 Item No. 11.b
Last Minute Agenda Information
requirements are met, as provided. CEQA includes within these exempt transportation-related projects a public project for the institution or increase of bus rapid transit, bus, or light rail service, or other passenger rail service, that will be exclusively used by low-emission or zero-emission vehicles, on existing public rights-of-way or existing highway rights-of-way.

This bill would exempt from CEQA a public or private residential, commercial, or mixed-used project that, at the time the project application is filed, is located entirely or principally on land owned by a public transit agency, or fully or partially encumbered by an existing operating easement in favor of a public transit agency, and meets specified requirements. The bill would provide that, for a project that requires the construction of new passenger rail storage and maintenance facilities at a publicly or privately owned offsite location distinct from the principal project site, that project would be considered a wholly separate project from the project described in these provisions and shall not be exempt from CEQA.
(4)  By increasing the duties of local officials, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state.

Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Vote: majority. Appropriation: no. Fiscal committee: yes.

State-mandated local program: yes.

The people of the State of California do enact as follows:
1 SECTION 1. Section 54221 of the Government Code is
2 amended to read:
3 54221. As used in this article, the following definitions shall 4 apply:
5 (a)  (1)  “Local agency” means every city, whether organized 6 under general law or by charter, county, city and county, district, 7 including school, sewer, water, utility, and local and regional park 8 districts of any kind or class, joint powers authority, successor 9 agency to a former redevelopment agency, housing authority, or 10 other political subdivision of this state and any instrumentality 11 thereof that is empowered to acquire and hold real property. 5 a.5 05/21/2025 Item No. 11.b
Last Minute Agenda Information
1 (2)  The Legislature finds and declares that the term “district” 2 as used in this article includes all districts within the state, 3 including, but not limited to, all special districts, sewer, water, 4 utility, and local and regional park districts, and any other political 5 subdivision of this state that is a district, and therefore the changes 6 in paragraph (1) made by the act adding this paragraph that specify 7 that the provisions of this article apply to all districts, including 8 school, sewer, water, utility, and local and regional park districts 9 of any kind or class, are declaratory of, and not a change in, 10 existing law.
11 (b)  (1)  “Surplus land” means land owned in fee simple by any 12 local agency for which the local agency’s governing body takes 13 formal action in a regular public meeting declaring that the land 14 is surplus and is not necessary for the agency’s use. Land shall be 15 declared either “surplus land” or “exempt surplus land,” as 16 supported by written findings, before a local agency may take any 17 action to dispose of it consistent with an agency’s policies or 18 procedures. A local agency, on an annual basis, may declare 19 multiple parcels as “surplus land” or “exempt surplus land.” 20 (2)  “Surplus land” includes land held in the Community 21 Redevelopment Property Trust Fund pursuant to Section 34191.4 22 of the Health and Safety Code and land that has been designated 23 in the long-range property management plan approved by the 24 Department of Finance pursuant to Section 34191.5 of the Health 25 and Safety Code, either for sale or for future development, but 26 does not include any specific disposal of land to an identified entity 27 described in the plan.
28 (3)  Nothing in this article prevents a local agency from obtaining 29 fair market value for the disposition of surplus land consistent with 30 Section 54226.
31 (4)  Notwithstanding paragraph (1), a local agency is not required 32 to make a declaration at a public meeting for land that is “exempt 33 surplus land” pursuant to subparagraph (A), (B), (E), (K), (L), or 34 (Q) of paragraph (1) of subdivision (f) if the local agency identifies 35 the land in a notice that is published and available for public 36 comment, including notice to the entities identified in subdivision 37 (a) of Section 54222, at least 30 days before the exemption takes 38 effect.
39 (c)  (1)  Except as provided in paragraph (2), “agency’s use” 40 shall include, but not be limited to, land that is being used, or is 6 a.6 05/21/2025 Item No. 11.b
Last Minute Agenda Information
1 planned to be used pursuant to a written plan adopted by the local 2 agency’s governing board, for agency work or operations, 3 including, but not limited to, utility sites, property owned by a port 4 that is used to support logistics uses, watershed property, land 5 being used for conservation purposes, land for demonstration, 6 exhibition, or educational purposes related to greenhouse gas 7 emissions, sites for broadband equipment or wireless facilities, 8 land leased to support public transit operations, and buffer sites 9 near sensitive governmental uses, including, but not limited to, 10 waste disposal sites, and wastewater treatment plants. “Agency’s 11 use” by a local agency that is a district shall also include land 12 disposed for uses described in subparagraph (B) of paragraph (2). 13 (2)  (A)  “Agency’s use” shall not include commercial or 14 industrial uses or activities, including nongovernmental retail, 15 entertainment, or office development. Property disposed of for the 16 sole purpose of investment or generation of revenue shall not be 17 considered necessary for the agency’s use.
18 (B)  In the case of a local agency that is a district or a public 19 transit operator, “agency’s use” may include commercial or 20 industrial uses or activities, including nongovernmental retail, 21 entertainment, or office development or be for the sole purpose of 22 investment or generation of revenue if the agency’s governing 23 body takes action in a public meeting declaring that the use of the 24 site will do one of the following:
25 (i)  Directly further the express purpose of agency work or 26 operations.
27 (ii)  Be expressly authorized by a statute governing the local 28 agency, provided the district complies with Section 54233.5 if 29 applicable.
30 (d)  (1)  “Dispose” means either of the following:
31 (A)  The sale of the surplus land.
32 (B)  The entering of a lease for surplus land, which is for a term 33 longer than 15 years, inclusive of any extension or renewal options 34 included in the terms of the initial lease, entered into on or after 35 January 1, 2024.
36 (2)  “Dispose” shall not mean either of the following:
37 (A)  The entering of a lease for surplus land, which is for a term 38 of 15 years or less, inclusive of any extension or renewal options 39 included in the terms of the initial lease.
7 a.7 05/21/2025 Item No. 11.b
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1 (B)  The entering of a lease for surplus land on which no 2 development or demolition will occur, regardless of the term of 3 the lease.
4 (e)  “Open-space purposes” means the use of land for public 5 recreation, enjoyment of scenic beauty, or conservation or use of 6 natural resources.
7 (f)  (1)  Except as provided in paragraph (2), “exempt surplus 8 land” means any of the following:
9 (A)  Surplus land that is transferred pursuant to Section 25539.4 10 or 37364.
11 (B)  Surplus land that is less than one-half acre in area and is 12 not contiguous to land owned by a state or local agency that is 13 used for open-space or low- and moderate-income housing 14 purposes.
15 (C)  Surplus land that a local agency is exchanging for another 16 property necessary for the agency’s use. “Property” may include 17 easements necessary for the agency’s use.
18 (D)  Surplus land that a local agency is transferring to another 19 local, state, or federal agency, or to a third-party intermediary for 20 future dedication for the receiving agency’s use, or to a federally 21 recognized California Indian tribe. If the surplus land is transferred 22 to a third-party intermediary, the receiving agency’s use must be 23 contained in a legally binding agreement at the time of transfer to 24 the third-party intermediary.
25 (E)  Surplus land that is a former street, right-of-way, or 26 easement, and is conveyed to an owner of an adjacent property. 27 (F)  (i)  Surplus land that is to be developed for a housing 28 development, which may have ancillary commercial ground floor 29 uses, that restricts 100 percent of the residential units to persons 30 and families of low or moderate income, with at least 75 percent 31 of the residential units restricted to lower income households, as 32 defined in Section 50079.5 of the Health and Safety Code, with 33 an affordable sales price or an affordable rent, as defined in Section 34 50052.5 or 50053 of the Health and Safety Code, for 55 years for 35 rental housing, 45 years for ownership housing, and 50 years for 36 rental or ownership housing located on tribal trust lands, unless a 37 local ordinance or a federal, state, or local grant, tax credit, or other 38 project financing requires a longer period of affordability, and in 39 no event shall the maximum affordable sales price or rent level be 8 a.8 05/21/2025 Item No. 11.b
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1 higher than 20 percent below the median market rents or sales 2 prices for the neighborhood in which the site is located. 3 (ii)  The requirements of clause (i) shall be contained in a 4 covenant or restriction recorded against the surplus land at the time 5 of sale that shall run with the land and be enforceable against any 6 owner who violates the covenant or restriction and each successor 7 in interest who continues the violation.
8 (G)  (i)  Surplus land that is subject to a local agency’s open, 9 competitive solicitation or that is put to open, competitive bid by 10 a local agency, provided that all entities identified in subdivision 11 (a) of Section 54222 will be invited to participate in the process, 12 for a housing or a mixed-use development that is more than one 13 acre and less than 10 acres in area, consisting of either a single 14 parcel, or two or more adjacent or non-adjacent parcels combined, 15 that includes not less than 300 residential units, and that restricts 16 at least 25 percent of the residential units to lower income 17 households, as defined in Section 50079.5 of the Health and Safety 18 Code, with an affordable sales price or an affordable rent, as 19 defined in Sections 50052.5 and 50053 of the Health and Safety 20 Code, for 55 years for rental housing, 45 years for ownership 21 housing, and 50 years for rental or ownership housing located on 22 tribal trust lands, unless a local ordinance or a federal, state, or 23 local grant, tax credit, or other project financing requires a longer 24 period of affordability.
25 (ii)  The requirements of clause (i) shall be contained in a 26 covenant or restriction recorded against the surplus land at the time 27 of sale that shall run with the land and be enforceable against any 28 owner who violates the covenant or restriction and each successor 29 in interest who continues the violation.
30 (H)  (i)  Surplus land totaling 10 or more acres, consisting of 31 either a single parcel, or two or more adjacent or non-adjacent 32 parcels combined for disposition to one or more buyers pursuant 33 to a plan or ordinance adopted by the legislative body of the local 34 agency, or a state statute. That surplus land shall be subject to a 35 local agency’s open, competitive solicitation process or put out to 36 open, competitive bid by a local agency, provided that all entities 37 identified in subdivision (a) of Section 54222 will be invited to 38 participate in the process for a housing or mixed-use development. 39 (ii)  The aggregate development shall include the greater of the 40 following:
9 a.9 05/21/2025 Item No. 11.b
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1 (I)  Not less than 300 residential units.
2 (II)  A number of residential units equal to 10 times the number 3 of acres of the surplus land or 10,000 residential units, whichever 4 is less.
5 (iii)  At least 25 percent of the residential units shall be restricted 6 to lower income households, as defined in Section 50079.5 of the 7 Health and Safety Code, with an affordable sales price or an 8 affordable rent pursuant to Sections 50052.5 and 50053 of the 9 Health and Safety Code, for a minimum of 55 years for rental 10 housing, 45 years for ownership housing, and 50 years for rental 11 or ownership housing located on tribal trust lands, unless a local 12 ordinance or a federal, state, or local grant, tax credit, or other 13 project financing requires a longer period of affordability. 14 (iv)  If nonresidential development is included in the 15 development pursuant to this subparagraph, at least 25 percent of 16 the total planned units affordable to lower income households shall 17 be made available for lease or sale and permitted for use and 18 occupancy before or at the same time with every 25 percent of 19 nonresidential development made available for lease or sale and 20 permitted for use and occupancy.
21 (v)  A violation of this subparagraph is subject to the penalties 22 described in Section 54230.5. Those penalties are in addition to 23 any remedy a court may order for violation of this subparagraph. 24 A local agency shall only dispose of land pursuant to this 25 subparagraph through a disposition and development agreement 26 that includes an indemnification clause that provides that if an 27 action occurs after disposition violates this subparagraph, the 28 person or entity that acquired the property shall be liable for the 29 penalties.
30 (vi)  The requirements of clauses (i) to (v), inclusive, shall be 31 contained in a covenant or restriction recorded against the surplus 32 land at the time of sale that shall run with the land and be 33 enforceable against any owner who violates the covenant or 34 restriction and each successor in interest who continues the 35 violation.
36 (I)  A mixed-use development, which may include more than 37 one publicly owned parcel, that meets all of the following 38 conditions:
39 (i)  The development restricts at least 25 percent of the residential 40 units to lower income households, as defined in Section 50079.5 10 a.10 05/21/2025 Item No. 11.b
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1 of the Health and Safety Code, with an affordable sales price or 2 an affordable rent, as defined in Sections 50052.5 and 50053 of 3 the Health and Safety Code, for 55 years for rental housing, 45 4 years for ownership housing, and 50 years for rental or ownership 5 housing located on tribal trust lands, unless a local ordinance or a 6 federal, state, or local grant, tax credit, or other project financing 7 requires a longer period of affordability.
8 (ii)  At least 50 percent of the square footage of the new 9 construction associated with the development is designated for 10 residential use.
11 (iii)  The development is not located in an urbanized area, as 12 defined in Section 21094.5 of the Public Resources Code. 13 (J)  (i)  Surplus land that is subject to a valid legal restriction 14 that is not imposed by the local agency and that makes housing 15 prohibited, unless there is a feasible method to satisfactorily 16 mitigate or avoid the prohibition on the site. A declaration of 17 exemption pursuant to this subparagraph shall be supported by 18 documentary evidence establishing the valid legal restriction. For 19 the purposes of this section, “documentary evidence” includes, 20 but is not limited to, a contract, agreement, deed restriction, statute, 21 regulation, or other writing that documents the valid legal 22 restriction.
23 (ii)  Valid legal restrictions include, but are not limited to, all of 24 the following:
25 (I)  Existing constraints under ownership rights or contractual 26 rights or obligations that prevent the use of the property for 27 housing, if the rights or obligations were agreed to prior to 28 September 30, 2019.
29 (II)  Conservation or other easements or encumbrances that 30 prevent housing development.
31 (III)  Existing leases, or other contractual obligations or 32 restrictions, if the terms were agreed to prior to September 30, 33 2019.
34 (IV)  Restrictions imposed by the source of funding that a local 35 agency used to purchase a property, provided that both of the 36 following requirements are met:
37 (ia)  The restrictions limit the use of those funds to purposes 38 other than housing.
39 (ib)  The proposed disposal of surplus land meets a use consistent 40 with that purpose.
11 a.11 05/21/2025 Item No. 11.b
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1 (iii)  Valid legal restrictions that would make housing prohibited 2 do not include either of the following:
3 (I)  An existing nonresidential land use designation on the surplus 4 land.
5 (II)  Covenants, restrictions, or other conditions on the property 6 rendered void and unenforceable by any other law, including, but 7 not limited to, Section 714.6 of the Civil Code.
8 (iv)  Feasible methods to mitigate or avoid a valid legal 9 restriction on the site do not include a requirement that the local 10 agency acquire additional property rights or property interests 11 belonging to third parties.
12 (K)  Surplus land that was granted by the state in trust to a local 13 agency or that was acquired by the local agency for trust purposes 14 by purchase or exchange, and for which disposal of the land is 15 authorized or required subject to conditions established by statute. 16 (L)  Land that is subject to either of the following, unless 17 compliance with this article is expressly required:
18 (i)  Section 17388, 17515, 17536, 81192, 81397, 81399, 81420, 19 or 81422 of the Education Code.
20 (ii)  Part 14 (commencing with Section 53570) of Division 31 21 of the Health and Safety Code.
22 (M)  Surplus land that is a former military base that was 23 conveyed by the federal government to a local agency, and is 24 subject to Article 8 (commencing with Section 33492.125) of 25 Chapter 4.5 of Part 1 of Division 24 of the Health and Safety Code, 26 provided that all of the following conditions are met:
27 (i)  The former military base has an aggregate area greater than 28 five acres, is expected to include a mix of residential and 29 nonresidential uses, and is expected to include no fewer than 1,400 30 residential units upon completion of development or redevelopment 31 of the former military base.
32 (ii)  The affordability requirements for residential units shall be 33 governed by a settlement agreement entered into prior to September 34 1, 2020. Furthermore, at least 25 percent of the initial 1,400 35 residential units developed shall be restricted to lower income 36 households, as defined in Section 50079.5 of the Health and Safety 37 Code, with an affordable sales price or an affordable rent, as 38 defined in Sections 50052.5 and 50053 of the Health and Safety 39 Code, for 55 years for rental housing, 45 years for ownership 40 housing, and 50 years for rental or ownership housing located on 12 a.12 05/21/2025 Item No. 11.b
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1 tribal trust lands, unless a local ordinance or a federal, state, or 2 local grant, tax credit, or other project financing requires a longer 3 period of affordability.
4 (iii)  Before disposition of the surplus land, the agency adopts 5 written findings that the land is exempt surplus land pursuant to 6 this subparagraph.
7 (iv)  Before disposition of the surplus land, the recipient has 8 negotiated a project labor agreement consistent with the local 9 agency’s project stabilization agreement resolution, as adopted on 10 February 2, 2021, and any succeeding ordinance, resolution, or 11 policy, regardless of the length of the agreement between the local 12 agency and the recipient.
13 (v)  The agency includes in the annual report required by 14 paragraph (2) of subdivision (a) of Section 65400 the status of 15 development of residential units on the former military base, 16 including the total number of residential units that have been 17 permitted and what percentage of those residential units are 18 restricted for persons and families of low or moderate income, or 19 lower income households, as defined in Section 50079.5 of the 20 Health and Safety Code.
21 A violation of this subparagraph is subject to the penalties 22 described in Section 54230.5. Those penalties are in addition to 23 any remedy a court may order for violation of this subparagraph 24 or the settlement agreement.
25 (N)  Real property that is used by a district for an agency’s use 26 expressly authorized in subdivision (c).
27 (O)  Land that has been transferred before June 30, 2019, by the 28 state to a local agency pursuant to Section 32667 of the Streets 29 and Highways Code and has a minimum planned residential density 30 of at least 100 dwelling units per acre, and includes 100 or more 31 residential units that are restricted to persons and families of low 32 or moderate income, with an affordable sales price or an affordable 33 rent, as defined in Sections 50052.5 and 50053 of the Health and 34 Safety Code, for 55 years for rental housing, 45 years for ownership 35 housing, and 50 years for rental or ownership housing located on 36 tribal trust lands, unless a local ordinance or a federal, state, or 37 local grant, tax credit, or other project financing requires a longer 38 period of affordability. For purposes of this subparagraph, not 39 more than 20 percent of the affordable units may be restricted to 40 persons and families of moderate income and at least 80 percent 13 a.13 05/21/2025 Item No. 11.b
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1 of the affordable units must be restricted to lower income 2 households as defined in Section 50079.5 of the Health and Safety 3 Code.
4 (P)  (i)  Land that meets the following conditions:
5 (I)  Land that is subject to a sectional planning area document 6 that meets both of the following:
7 (ia)  The sectional planning area was adopted prior to January 8 1, 2019.
9 (ib)  The sectional planning area document is consistent with 10 county and city general plans applicable to the land. 11 (II)  The land identified in the adopted sectional planning area 12 document was dedicated prior to January 1, 2019.
13 (III)  On January 1, 2019, the parcels on the land met at least 14 one of the following conditions:
15 (ia)  The land was subject to an irrevocable offer of dedication 16 of fee interest requiring the land to be used for a specified purpose. 17 (ib)  The land was acquired through a land exchange subject to 18 a land offer agreement that grants the land’s original owner the 19 right to repurchase the land acquired by the local agency pursuant 20 to the agreement if the land will not be developed in a manner 21 consistent with the agreement.
22 (ic)  The land was subject to a grant deed specifying that the 23 property shall be used for educational uses and limiting other types 24 of uses allowed on the property.
25 (IV)  At least 25 percent of the units are dedicated to lower 26 income households, as defined in Section 50079.5 of the Health 27 and Safety Code, at an affordable rent, as defined by Section 50053 28 of the Health and Safety Code, or an affordable housing cost, as 29 defined by Section 50052.5 of the Health and Safety Code, and 30 subject to a recorded deed restriction for a period of 55 years for 31 rental units and 45 years for owner-occupied units, unless a local 32 ordinance or a federal, state, or local grant, tax credit, or other 33 project financing requires a longer period of affordability. 34 (V)  The land is developed at an average density of at least 10 35 units per acre, calculated with respect to the entire sectional 36 planning area.
37 (VI)  No more than 25 percent of the nonresidential square 38 footage identified in the sectional planning area document receives 39 its first certificate of occupancy before at least 25 percent of the 14 a.14 05/21/2025 Item No. 11.b
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1 residential square footage identified in the sectional planning area 2 document has received its first certificate of occupancy. 3 (VII)  No more than 50 percent of the nonresidential square 4 footage identified in the sectional planning area document receives 5 its first certificate of occupancy before at least 50 percent of the 6 residential square footage identified in the sectional planning area 7 document has received its first certificate of occupancy. 8 (VIII)  No more than 75 percent of the nonresidential square 9 footage identified in the sectional planning area document shall 10 receive its first certificate of occupancy before at least 75 percent 11 of the residential square footage identified in the sectional planning 12 area document has received its first certificate of occupancy. 13 (ii)  The local agency includes in the annual report required by 14 paragraph (2) of subdivision (a) of Section 65400 the status of 15 development, including the total square footage of the residential 16 and nonresidential development, the number of residential units 17 that have been permitted, and what percentage of those residential 18 units are restricted for persons and families of low or moderate 19 income, or lower income households, as defined in Section 50079.5 20 of the Health and Safety Code.
21 (iii)  The Department of Housing and Community Development 22 may request additional information from the agency regarding 23 land disposed of pursuant to this subparagraph.
24 (iv)  At least 30 days prior to disposing of land declared “exempt 25 surplus land,” a local agency shall provide the Department of 26 Housing and Community Development a written notification of 27 its declaration and findings in a form prescribed by the Department 28 of Housing and Community Development. Within 30 days of 29 receipt of the written notification and findings, the department 30 shall notify the local agency if the department has determined that 31 the local agency is in violation of this article. A local agency that 32 fails to submit the written notification and findings shall be liable 33 for a civil penalty pursuant to this subparagraph. A local agency 34 shall not be liable for the civil penalty if the Department of Housing 35 and Community Development does not notify the agency that the 36 agency is in violation of this article within 30 days of receiving 37 the written notification and findings. Once the department 38 determines that the declarations and findings comply with 39 subclauses (I) to (IV), inclusive, of clause (i), the local agency 15 a.15 05/21/2025 Item No. 11.b
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1 may proceed with disposal of land pursuant to this subparagraph. 2 This clause is declaratory of, and not a change in, existing law. 3 (v)  If the local agency disposes of land in violation of this 4 subparagraph, the local agency shall be liable for a civil penalty 5 calculated as follows:
6 (I)  For a first violation, 30 percent of the greater of the final 7 sale price or the fair market value of the land at the time of 8 disposition.
9 (II)  For a second or subsequent violation, 50 percent of the 10 greater of the final sale price or the fair market value of the land 11 at the time of disposition.
12 (III)  For purposes of this subparagraph, fair market value shall 13 be determined by an independent appraisal of the land. 14 (IV)  An action to enforce this subparagraph may be brought by 15 any of the following:
16 (ia)  An entity identified in subdivisions (a) to (e), inclusive, of 17 Section 54222.
18 (ib)  A person who would have been eligible to apply for 19 residency in affordable housing had the agency not violated this 20 section.
21 (ic)  A housing organization, as that term is defined in Section 22 65589.5.
23 (id)  A beneficially interested person or entity.
24 (ie)  The Department of Housing and Community Development. 25 (V)  A penalty assessed pursuant to this subparagraph shall, 26 except as otherwise provided, be deposited into a local housing 27 trust fund. The local agency may elect to instead deposit the penalty 28 moneys into the Building Homes and Jobs Trust Fund or the 29 Housing Rehabilitation Loan Fund. Penalties shall not be paid out 30 of funds already dedicated to affordable housing, including, but 31 not limited to, Low and Moderate Income Housing Asset Funds, 32 funds dedicated to housing for very low, low-, and
33 moderate-income households, and federal HOME Investment 34 Partnerships Program and Community Development Block Grant 35 Program funds. The local agency shall commit and expend the 36 penalty moneys deposited into the local housing trust fund within 37 five years of deposit for the sole purpose of financing newly 38 constructed housing units that are affordable to extremely low, 39 very low, or low-income households.
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1 (VI)  Five years after deposit of the penalty moneys into the 2 local housing trust fund, if the funds have not been expended, the 3 funds shall revert to the state and be deposited in the Building 4 Homes and Jobs Trust Fund or the Housing Rehabilitation Loan 5 Fund for the sole purpose of financing newly constructed housing 6 units located in the same jurisdiction as the surplus land and that 7 are affordable to extremely low, very low, or low-income 8 households. Expenditure of any penalty moneys deposited into the 9 Building Homes and Jobs Trust Fund or the Housing Rehabilitation 10 Loan Fund pursuant to this subdivision shall be subject to 11 appropriation by the Legislature.
12 (vi)  For purposes of this subparagraph, the following definitions 13 apply:
14 (I)  “Sectional planning area” means an area composed of 15 identifiable planning units, within which common services and 16 facilities, a strong internal unity, and an integrated pattern of land 17 use, circulation, and townscape planning are readily achievable. 18 (II)  “Sectional planning area document” means a document or 19 plan that sets forth, at minimum, a site utilization plan of the 20 sectional planning area and development standards for each land 21 use area and designation.
22 (vii)  This subparagraph shall become inoperative on January 1, 23 2034.
24 (Q)  Land that is owned by a California public-use airport on 25 which residential uses are prohibited pursuant to Federal Aviation 26 Administration Order 5190.6B, Airport Compliance Program, 27 Chapter 20 – Compatible Land Use and Airspace Protection. 28 (R)  Land that is transferred to a community land trust, and all 29 of the following conditions are met:
30 (i)  The property is being or will be developed or rehabilitated 31 as any of the following:
32 (I)  An owner-occupied single-family dwelling.
33 (II)  An owner-occupied unit in a multifamily dwelling. 34 (III)  A member-occupied unit in a limited equity housing 35 cooperative.
36 (IV)  A rental housing development.
37 (ii)  Improvements on the property are or will be available for 38 use and ownership or for rent by qualified persons, as defined in 39 paragraph (6) of subdivision (c) of Section 214.18 of the Revenue 40 and Taxation Code.
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1 (iii)  (I)  A deed restriction or other instrument, requiring a 2 contract or contracts serving as an enforceable restriction on the 3 sale or resale value of owner-occupied units or on the affordability 4 of rental units is recorded on or before the lien date following the 5 acquisition of the property by the community land trust. 6 (II)  For the purpose of this clause, the following definitions 7 apply:
8 (ia)  “A contract or contracts serving as an enforceable restriction 9 on the sale or resale value of owner-occupied units” means a 10 contract described in paragraph (11) of subdivision (a) of Section 11 402.1 of the Revenue and Taxation Code.
12 (ib)  “A contract or contracts serving as an enforceable restriction 13 on the affordability of rental units” means an enforceable and 14 verifiable agreement with a public agency, a recorded deed 15 restriction, or other legal document described in subparagraph (A) 16 of paragraph (2) of subdivision (g) of Section 214 of the Revenue 17 and Taxation Code.
18 (iv)  A copy of the deed restriction or other instrument shall be 19 provided to the assessor.
20 (S)  (i)  For local agencies whose primary mission or purpose is 21 to supply the public with a transportation system, surplus land that 22 is developed for commercial or industrial uses or activities, 23 including nongovernmental retail, entertainment, or office 24 development or for the sole purpose of investment or generation 25 of revenue, if the agency meets all of the following conditions:
26 (I)  The agency has an adopted land use plan or policy that 27 designates at least 50 percent of the gross acreage covered by the 28 adopted land use plan or policy for residential purposes. The 29 adopted land use plan or policy shall also require the development 30 of at least 300 residential units, or at least 10 residential units per 31 gross acre, averaged across all land covered by the land use plan 32 or policy, whichever is greater.
33 (II)  The agency has an adopted land use plan or policy that 34 requires at least 25 percent of all residential units to be developed 35 on the parcels covered by the adopted land use plan or policy made 36 available to lower income households, as defined in Section 50079 37 of the Health and Safety Code, at an affordable sales price or rented 38 at an affordable rent, as defined in Sections 50052.5 and 50053 of 39 the Health and Safety Code, for 55 years for rental housing and 40 45 years for ownership housing, unless a local ordinance or the 18 a.18 05/21/2025 Item No. 11.b
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1 terms of a federal, state, or local grant, tax credit, or other project 2 financing requires a longer period of affordability. These terms 3 shall be included in the land use plan or policy and dictate that 4 they will be contained in a covenant or restriction recorded against 5 the surplus land at the time of disposition that shall run with the 6 land and be enforceable against any owner or lessee who violates 7 the covenant or restriction and each successor in interest who 8 continues the violation.
9 (III)  Land disposed of for residential purposes shall issue a 10 competitive request for proposals subject to the local agency’s 11 open, competitive solicitation process or put out to open, 12 competitive bid by the local agency, provided that all entities 13 identified in subdivision (a) of Section 54222 are invited to 14 participate.
15 (IV)  Prior to entering into an agreement to dispose of a parcel 16 for nonresidential development on land designated for the purposes 17 authorized pursuant to this subparagraph in an agency’s adopted 18 land use plan or policy, the agency, since January 1, 2020, must 19 have entered into an agreement to dispose of a minimum of 25 20 percent of the land designated for affordable housing pursuant to 21 subclause (II).
22 (ii)  The agency may exempt at one time all parcels covered by 23 the adopted land use plan or policy pursuant to this subparagraph. 24 (2)  Notwithstanding paragraph (1), a written notice of the 25 availability of surplus land for open-space purposes shall be sent 26 to the entities described in subdivision (b) of Section 54222 before 27 disposing of the surplus land, provided the land does not meet the 28 criteria in subparagraph (H) of paragraph (1), if the land is any of 29 the following:
30 (A)  Within a coastal zone.
31 (B)  Adjacent to a historical unit of the State Parks System. 32 (C)  Listed on, or determined by the State Office of Historic 33 Preservation to be eligible for, the National Register of Historic 34 Places.
35 (D)  Within the Lake Tahoe region as defined in Section 66905.5. 36 (g)  “Persons and families of low or moderate income” has the 37 same meaning as provided in Section 50093 of the Health and 38 Safety Code.
39 SEC. 2. Chapter 4.1.5 (commencing with Section 65912.155) 40 is added to Division 1 of Title 7 of the Government Code, to read:
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1 Chapter 4.1.5. Transit-Oriented Development
2 3 65912.155. The Legislature finds and declares all of the 4 following:
5 (a)  California faces a housing shortage both acute and chronic, 6 particularly in areas with access to robust public transit 7 infrastructure.
8 (b)  Building more homes near transit access reduces housing 9 and transportation costs for California families, and promotes 10 environmental sustainability, economic growth, and reduced traffic 11 congestion.
12 (c)  Public transit systems require sustainable funding to provide 13 reliable service, especially in areas experiencing increased density 14 and ridership. The state does not invest in public transit service to 15 the same degree as it does in roads, and the state funds a smaller 16 proportion of the state’s major transit agencies’ operations costs 17 than other states with comparable systems. Transit systems in other 18 countries derive significant revenue from transit-oriented 19 development at and near their stations.
20 65912.156. For purposes of this chapter, the following 21 definitions apply:
22 (a)  “Adjacent” means sharing a property line with a transit stop, 23 including any parcels that serve a parking or circulation purpose 24 related to the stop.
25 (b)  “Commuter rail” means a rail transit service not meeting 26 the standards for heavy rail or light rail, excluding California 27 High-Speed Rail and Amtrak Long Distance Service.
28 (c)  “Department” means the Department of Housing and 29 Community Development.
30 (d)  “Frequent commuter rail” means a commuter rail service 31 with a total of at least 24 daily trains per weekday across both 32 directions and not meeting the standard for very high or 33 high-frequency commuter rail at any point in the past three years. 34 (e)  “Heavy rail transit” means an electric railway with the 35 capacity for a heavy volume of traffic using high-speed and rapid 36 acceleration passenger rail cars operating singly or in multicar 37 trains on fixed rails, separate rights-of-way from which all other 38 vehicular and foot traffic are excluded, and high platform loading. 20 a.20 05/21/2025 Item No. 11.b
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1 (f)  “High-frequency commuter rail” means a commuter rail 2 service operating a total of at least 48 trains per day across both 3 directions at any point in the past three years.
4 (g)  “High-resource area” means a highest resource or 5 high-resource neighborhood opportunity area, as used in the 6 opportunity area maps published annually by the California Tax 7 Credit Allocation Committee and the department.
8 (h)  “Housing development project” has the same meaning as 9 defined in Section 65589.5.
10 (i)  “Light rail transit” includes streetcar, trolley, and tramway 11 service.
12 (j)  “Net habitable square footage” means the finished and heated 13 floor area fully enclosed by the inside surface of walls, windows, 14 doors, and partitions, and having a headroom of at least six and 15 one-half feet, including working, living, eating, cooking, sleeping, 16 stair, hall, service, and storage areas, but excluding garages, 17 carports, parking spaces, cellars, half-stories, and unfinished attics 18 and basements.
19 (k)  “Rail transit” has the same meaning as defined in Section 20 99602 of the Public Utilities Code.
21 (l)  “Residential floor area ratio” means the ratio of net habitable 22 square footage dedicated to residential use to the area of the lot. 23 (m)  “Tier 1 transit-oriented development stop” means a major 24 transit stop, as defined by Section 21155 of the Public Resources 25 Code, transit-oriented development stop within an urban transit 26 county served by heavy rail transit or very high frequency 27 commuter rail.
28 (n)  “Tier 2 transit-oriented development stop” means a major 29 transit stop, as defined by Section 21155 of the Public Resources 30 Code, transit-oriented development stop within an urban transit 31 county, excluding a Tier 1 transit-oriented development stop, served 32 by light rail transit, by high-frequency commuter rail, or by bus 33 service meeting the standards of paragraph (1) of subdivision (a) 34 of Section 21060.2 of the Public Resources Code.
35 (o)  “Tier 3 transit-oriented development stop” means a major 36 transit stop, as defined by Section 21155 of the Public Resources 37 Code, transit-oriented development stop within an urban transit 38 county, excluding a Tier 1 or Tier 2 transit-oriented development 39 stop, served by frequent commuter rail service or by ferry service. 40 service; or any transit-oriented development stop not within an 21 a.21 05/21/2025 Item No. 11.b
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1 urban transit county; or any major transit stop otherwise so 2 designated by the applicable authority.
3 (p)  “Transit-oriented development stop” means a major transit 4 stop, as defined by Section 21155 of the Public Resources Code, 5 excluding any stop served by rail transit with a frequency of fewer 6 than 10 total trains per weekday. served by heavy rail transit, very 7 high frequency commuter rail, high frequency commuter rail, light 8 rail transit, bus service meeting the standards of paragraph (1) of 9 subdivision (a) of Section 21060.2 of the Public Resources Code, 10 frequent commuter rail service, or ferry service, or otherwise so 11 designated by the applicable authority.
12 (q)  “Urban transit county” means a county with 15 or more 13 rail transit stations.
14 (q)
15 (r)  “Very high frequency commuter rail” means a commuter 16 rail service with a total of at least 72 trains per day across both 17 directions at any point in the past three years.
18 (s)  “Qualified light industrial site” means a site zoned for light 19 industrial use, but not heavy industrial use or Title V industrial 20 use and that has not been not been exempted through the local 21 implementing ordinance or local transit-oriented development 22 alternative plan. “Light industrial use,” “heavy industrial use,” 23 and “Title V industrial use” have the same meanings as defined 24 in Section 65913.16.
25 65912.157. (a)  A housing development project within one-half 26 or one-quarter mile of a transit-oriented development stop shall 27 be an allowed use on any site zoned for residential, mixed, 28 commercial, or light industrial or commercial development, or a 29 qualified light industrial site, if the development complies with 30 the applicable of all of the following requirements:
31 (1)  For a residential development within one-quarter mile of a 32 Tier 1 transit-oriented development stop, all of the following apply:
33 (A)  A development may be built up to 75 feet high, or up to the 34 local height limit, whichever is greater. If a development proposes 35 a height under this subparagraph in excess of the local height limit, 36 then a local government shall not be required to grant a waiver, 37 incentive, or concession pursuant to Section 65915 for additional 38 height beyond that specified under this subparagraph, except as 39 provided in subparagraph (D) of paragraph (2) of subdivision (d) 40 of Section 65915.
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1 (B)  A local government shall not impose any maximum density 2 of less than 120 dwelling units per acre. The development 3 proponent may seek a further increased density in accordance with 4 applicable density bonus law.
5 (C)  A local government shall not enforce any other local 6 development standard or combination of standards that would 7 prevent achieving a residential floor area ratio of up to 3.5. 8 (D)  A development that otherwise meets the eligibility 9 requirements of Section 65915, including, but not limited to, 10 affordability requirements, shall be eligible for three additional 11 concessions pursuant to Section 65915.
12 (2)  For a residential development further than one-quarter mile 13 but within one-half mile of a Tier 1 transit-oriented development 14 stop, all of the following apply:
15 (A)  A development may be built up to 65 feet high, or up to the 16 local height limit, whichever is greater. If a development proposes 17 a height under this subparagraph in excess of the local height limit, 18 then a local government shall not be required to grant a waiver, 19 incentive, or concession pursuant to Section 65915 for additional 20 height beyond that specified under this subparagraph, except as 21 provided in subparagraph (D) of paragraph (2) of subdivision (d) 22 of Section 65915.
23 (B)  A local government shall not impose any maximum density 24 standard of less than 100 dwelling units per acre. The development 25 proponent may seek a further increased density in accordance with 26 applicable density bonus law.
27 (C)  A local government shall not enforce any other local 28 development standard or combination of standards that would 29 prevent achieving a residential floor area ratio of up to 3. 30 (D)  A development that otherwise meets the eligibility 31 requirements of Section 65915, including, but not limited to, 32 affordability requirements, shall be eligible for two additional 33 concessions pursuant to Section 65915.
34 (3)  For a residential development within one-quarter mile of a 35 Tier 2 transit-oriented development stop, all of the following apply:
36 (A)  A development may be built up to 65 feet high, or up to the 37 local height limit, whichever is greater. If a development proposes 38 a height under this subparagraph in excess of the local height limit, 39 then a local government shall not be required to grant a waiver, 40 incentive, or concession pursuant to Section 65915 for additional 23 a.23 05/21/2025 Item No. 11.b
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1 height beyond that specified under this subparagraph, except as 2 provided in subparagraph (D) of paragraph (2) of subdivision (d) 3 of Section 65915.
4 (B)  A local government shall not impose any maximum density 5 standard of less than 100 dwelling units per acre. The development 6 proponent may seek a further increased density in accordance with 7 applicable density bonus law.
8 (C)  A local government shall not enforce any other local 9 development standard or combination of standards that would 10 prevent achieving a residential floor area ratio of up to 3. 11 (D)  A development that otherwise meets the eligibility 12 requirements of Section 65915, including, but not limited to, 13 affordability requirements, shall be eligible for two additional 14 concessions pursuant to Section 65915.
15 (4)  For a residential development further than one-quarter mile 16 but within one-half mile of a Tier 2 transit-oriented development 17 stop, all of the following apply:
18 (A)  A development may be built up to 55 feet high, or up to the 19 local height limit, whichever is greater. If a development proposes 20 a height under this subparagraph in excess of the local height limit, 21 then a local government shall not be required to grant a waiver, 22 incentive, or concession pursuant to Section 65915 for additional 23 height beyond that specified under this subparagraph, except as 24 provided in subparagraph (D) of paragraph (2) of subdivision (d) 25 of Section 65915.
26 (B)  A local government shall not impose any maximum density 27 standard of less than 80 dwelling units per acre. The development 28 proponent may seek a further increased density in accordance with 29 applicable density bonus law.
30 (C)  A local government shall not enforce any other local 31 development standard or combination of standards that would 32 prevent achieving a residential floor area ratio of up to 2.5. 33 (D)  A development that otherwise meets the eligibility 34 requirements of Section 65915, including, but not limited to, 35 affordability requirements, shall be eligible for one additional 36 concession pursuant to Section 65915.
37 (5)  For a residential development within one-quarter mile of a 38 Tier 3 transit-oriented development stop, all of the following apply:
39 (A)  A development may be built up to 55 feet high, or up to the 40 local height limit, whichever is greater. If a development proposes 24 a.24 05/21/2025 Item No. 11.b
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1 a height under this subparagraph in excess of the local height limit, 2 then a local government shall not be required to grant a waiver, 3 incentive, or concession pursuant to Section 65915 for additional 4 height beyond that specified under this subparagraph, except as 5 provided in subparagraph (D) of paragraph (2) of subdivision (d) 6 of Section 65915.
7 (B)  A local government shall not impose any maximum density 8 standard of less than 80 dwelling units per acre. The development 9 proponent may seek a further increased density in accordance with 10 applicable density bonus law.
11 (C)  A local government shall not enforce any other local 12 development standard or combination of standards that would 13 prevent achieving a residential floor area ratio of up to 2.5. 14 (D)  A development that otherwise meets the eligibility 15 requirements of Section 65915, including, but not limited to, 16 affordability requirements, shall be eligible for one additional 17 concession pursuant to Section 65915.
18 (6)  For a residential development further than one-quarter mile 19 but within one-half mile of a Tier 3 transit-oriented development 20 stop, stop within an urban transit county, all of the following apply:
21 (A)  A development may be built up to 45 feet high, or up to the 22 local height limit, whichever is greater. If a development proposes 23 a height under this subparagraph in excess of the local height limit, 24 then a local government shall not be required to grant a waiver, 25 incentive, or concession pursuant to Section 65915 for additional 26 height beyond that specified under this subparagraph, except as 27 provided in subparagraph (D) of paragraph (2) of subdivision (d) 28 of Section 65915.
29 (B)  A local government shall not impose any maximum density 30 standard of less than 60 dwelling units per acre. The development 31 proponent may seek a further increased density in accordance with 32 applicable density bonus law.
33 (C)  A local government shall not enforce any other local 34 development standard or combination of standards that would 35 prevent achieving a residential floor area ratio of up to 2. 36 (b)  A local government may still enact and enforce standards, 37 including an inclusionary zoning requirement that applies 38 generally within the jurisdiction, that do not, alone or in concert, 39 prevent achieving the applicable development standards of 40 subdivision (a).
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1 (c)  If a development proposes a height under this section in 2 excess of the local height limit, then a local government shall not 3 be required to grant a waiver, incentive, or concession pursuant 4 to Section 65915 for additional height beyond that specified in 5 this section, except as provided in subparagraph (D) of paragraph 6 (2) of subdivision (d) of Section 65915.
7 (b)
8 (d)  Notwithstanding any other law, a housing development 9 project that meets any of the eligibility criteria under subdivision 10 (a) and is immediately adjacent to a Tier 1, Tier 2, or Tier 3 11 transit-oriented development stop shall be eligible for an adjacency 12 intensifier to increase the height limit by an additional 20 feet, the 13 maximum density standard by an additional 40 dwelling units per 14 acre, and the residential floor area ratio by 1.
15 (c)
16 (e)  A development proposed pursuant to this section shall 17 comply with the antidisplacement requirements of Section 66300.6. 18 This subdivision shall apply to any city or county.
19 (f)  A development proposed pursuant to this section shall include 20 housing for lower income households in one of the following ways:
21 (1)  If there is a local inclusionary zoning ordinance or 22 affordable housing fee, it shall comply with the requirements of 23 that ordinance or fee.
24 (2)  (A)  If there is no local inclusionary ordinance or affordable 25 housing fee, a development of more than 10 units shall meet the 26 requirements to qualify for a density bonus pursuant to subdivision 27 (b) of Section 65915 or a local ordinance.
28 (B)  This paragraph shall not apply to any development of 10 29 units or less.
30 (d)
31 (g)  For purposes of subdivision (j) of Section 65589.5, a 32 proposed housing development project that is consistent with the 33 applicable standards from this chapter shall be deemed consistent, 34 compliant, and in conformity with an applicable plan, program, 35 policy, ordinance, standard, requirement, or other similar provision. 36 This subdivision shall not require a ministerial approval process 37 or modify the requirements of Division 13 (commencing with 38 Section 21000) of the Public Resources Code.
39 (e)
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1 (h)  A local government that denies a housing development 2 project meeting the requirements of this section that is located in 3 a high-resource area shall be presumed to be in violation of the 4 Housing Accountability Act (Section 65589.5) and immediately 5 liable for penalties pursuant to subparagraph (B) of paragraph (1) 6 of subdivision (k) of Section 65589.5, unless the local government 7 demonstrates, pursuant to the standards in subdivisions (j) and (o) 8 of Section 65589.5, that it has a health, life, or safety reason for 9 denying the project.
10 65912.158. (a)  Notwithstanding any other provision of this 11 chapter, a transit agency may adopt objective standards for both 12 residential and commercial developments proposed to be 13 constructed on land owned by the transit agency or on which the 14 transit agency has a permanent operating easement, if the land is 15 within one-half mile of a transit-oriented development stop and 16 the objective standards allow for the same or greater development 17 intensity as that allowed by local standards or applicable state law. 18 (b)  The board of a transit agency may vote to designate a major 19 transit stop served by the agency as a Tier 3 transit-oriented 20 development stop for the purposes of this section.
21 65912.159. (a)  A housing development project proposed 22 pursuant to Section 65912.157 shall be eligible for streamlined 23 ministerial approval pursuant to Section 65913.4 in accordance 24 with all of the following:
25 (a)
26 (1)  The proposed project shall be exempt from subparagraph 27 (A) of paragraph (4) of, paragraph (5) of, and clause (iv) of 28 subparagraph (A) of paragraph (6) of, subdivision (a) of Section 29 65913.4.
30 (b)
31 (2)  The proposed project shall comply with the affordability 32 requirements in subclauses (I) through to (III), inclusive, of clause 33 (i) of subparagraph (B) of paragraph (4) of subdivision (a) of 34 Section 65913.4.
35 (c)
36 (3)  The proposed project shall comply with all other 37 requirements of Section 65913.4, including, but not limited to, the 38 prohibition against a site that is within a very high fire hazard 39 severity zone, pursuant to subparagraph (D) of paragraph (6) of 40 subdivision (a) of Section 65913.4.
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1 (b)  Any housing development proposed pursuant to Section 2 65912.157 not seeking streamlined approval under Section 65913.4 3 shall be reviewed according to the jurisdiction’s development 4 review process and Section 65589.5, except that any local zoning 5 standard conflicting with the requirements of this chapter shall 6 not apply.
7 65912.160. (a)  The department shall oversee compliance with 8 this chapter, including, but not limited to, promulgating standards 9 on how to account for capacity pursuant to this chapter in a city 10 or county’s inventory of land suitable for residential development, 11 pursuant to Section 65583.2.
12 (b)  (1)  A local government may adopt an ordinance to 13 implement the provisions of this chapter, which may include 14 revisions to applicable zoning requirements on individual sites 15 within a transit-oriented development zone, provided that those 16 revisions maintain the average density allowed for the applicable 17 tier, or up to a 100-percent increase, subject to review by the 18 department pursuant to paragraph (3).
19 (b)  The regional council of governments or metropolitan 20 planning organization may create a map of transit-oriented 21 development stops and zones designated under this chapter. This 22 map shall have a rebuttable presumption of validity for use by 23 project applicants and local governments.
24 (c)  (1)  A local government may enact an ordinance to make its 25 zoning code consistent with the provisions of this chapter, subject 26 to review by the department pursuant to paragraph (3). 27 (2)  The ordinance may select qualified light industrial sites to 28 designate as exempt from the requirements of this chapter, so long 29 as residential uses were not permitted prior to January 1, 2025. 30 (2)  An
31 (3)  The ordinance adopted to implement this section described 32 in paragraph (2) shall not be considered a project under Division 33 13 (commencing with Section 21000) of the Public Resources 34 Code.
35 (3)
36 (4)  (A)  A local government shall submit a copy of any 37 ordinance adopted enacted pursuant to this section to the 38 department within 60 days of adoption. enactment.
39 (B)  Upon receipt of an ordinance pursuant to this paragraph, 40 the department shall review that ordinance and determine whether 28 a.28 05/21/2025 Item No. 11.b
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1 it complies with this section. If the department determines that the 2 ordinance does not comply with this section, the department shall 3 notify the local government in writing and provide the local 4 government a reasonable time, not to exceed 30 days, to respond 5 before taking further action as authorized by this section. 6 (C)  The local government shall consider any findings made by 7 the department pursuant to subparagraph (B) and shall do one of 8 the following:
9 (i)  Amend the ordinance to comply with this section. 10 (ii)  Adopt Enact the ordinance without changes. The local 11 government shall include findings in its resolution adopting the 12 ordinance that explain the reasons the local government believes 13 that the ordinance complies with this section despite the findings 14 of the department.
15 (D)  If the local government does not amend its ordinance in 16 response to the department’s findings or does not adopt a resolution 17 with findings explaining the reason the ordinance complies with 18 this chapter and addressing the department’s findings, the 19 department shall notify the local government and may notify the 20 Attorney General that the local government is in violation of this 21 section.
22 65912.161. (a)  A local government may enact a local 23 transit-oriented development alternative plan as an amendment 24 to the housing element and land use element of its general plan, 25 subject to review by the department.
26 (1)  (A)  A local transit-oriented development alternative plan 27 shall maintain at least the same total increase in feasible zoned 28 capacity, in terms of both total units and residential floor area, as 29 provided for in this chapter across all transit-oriented development 30 zones within the jurisdiction.
31 (i)  The plan may select qualified light industrial sites to 32 designate as exempt from the requirements of this chapter, so long 33 as residential uses were not permitted on those sites prior to 34 January 1, 2025.
35 (ii)  The plan shall not reduce the capacity in any station area, 36 in total units or residential floor area, by more than 50 percent. 37 (iii)  The plan shall not reduce the allowed density for any 38 individual site allowing residential use by more than 50 percent 39 below that permitted under this chapter.
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1 (iv)  A site’s maximum feasible capacity counted toward the plan 2 shall be not more than 200 percent of the maximum density 3 established under this chapter.
4 (B)  For the purposes of this paragraph, both of the following 5 definitions apply:
6 (i)  “Feasible” means capable of being accomplished in a 7 successful manner within a reasonable period of time, taking into 8 account economic, environmental, social, and technological 9 factors.
10 (ii)  “Transit-oriented development zone” means the eligible 11 area around a qualifying transit-oriented development stop. 12 (2)  A local transit-oriented development alternative plan may 13 designate any other major transit stop or stop along a high-quality 14 transit corridor that is not already identified as a transit-oriented 15 development stop as a Tier 3 transit-oriented development stop. 16 A local transit-oriented development plan consisting solely of 17 adding additional major transit stops as transit-oriented 18 development stops shall be exempt from the requirements of 19 paragraph (4).
20 (3)  A local transit-oriented development alternative plan may 21 consist of an existing local transit-oriented zoning ordinance, 22 overlay zone, specific plan, or zoning incentive ordinance, provided 23 that it applies to all residential properties within the 24 transit-oriented development area and provides at least the same 25 total feasible capacity for units and floor area as Section 26 65912.157.
27 (4)  Prior to enacting a local transit-oriented development 28 alternative plan, the local government shall submit the draft plan 29 to the department for review. The submission shall include any 30 amendments to the local zoning ordinances, any applicable 31 objective design standards that would apply to transit-oriented 32 developments, and assessments of the plan’s impact on 33 development feasibility and fair housing. The department shall 34 assess whether the plan maintains at least an equal feasible 35 developable housing capacity as the baseline established under 36 this section as well as the plan’s effects on fair housing relative 37 to the baseline established under this section, and shall recommend 38 changes to remove unnecessary constraints on housing from the 39 plan.
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1 (b)  Section 65912.157 shall not apply within a jurisdiction that 2 has a local transit-oriented alternative plan that has been approved 3 by the department as satisfying the requirements of this section in 4 effect. The department’s approval pursuant to this subdivision 5 shall be valid through the jurisdiction’s next amendment to the 6 housing element of its general plan.
7 65912.161.
8 65912.162. The Legislature finds and declares that the state 9 faces a housing crisis of availability and affordability, in large part 10 due to a severe shortage of housing, and solving the housing crisis 11 therefore requires a multifaceted, statewide approach, including, 12 but not limited to, encouraging an increase in the overall supply 13 of housing, encouraging the development of housing that is 14 affordable to households at all income levels, removing barriers 15 to housing production, expanding homeownership opportunities, 16 and expanding the availability of rental housing, and is a matter 17 of statewide concern and is not a municipal affair as that term is 18 used in Section 5 of Article XI of the California Constitution. 19 Therefore, this chapter applies to all cities, including charter cities. 20 SEC. 3. Section 21080.26.5 is added to the Public Resources 21 Code, to read:
22 21080.26.5. (a)  For the purposes of this section, “public 23 project” means a project constructed by either a public agency or 24 private entity, that, upon the completion of the construction, will 25 be operated by a public agency.
26 (b)  This division shall not apply to a public or private residential, 27 commercial, or mixed-used mixed-use project that, at the time the 28 project application is filed, is located entirely or principally on 29 land owned by a public transit agency, or fully or partially 30 encumbered by an existing operating easement in favor of a public 31 transit agency, and that includes at least one of the following:
32 (1)  A project component identified in paragraphs (1) to (5), 33 inclusive, or paragraph (7) of subdivision (b) of Section 21080.25. 34 (2)  A public project for passenger rail service facilities, other 35 than light rail service eligible under paragraph (5) of subdivision 36 (b) of Section 21080.25, including the construction, 37 reconfiguration, or rehabilitation of stations, terminals, rails, 38 platforms, or existing operations facilities, which will be 39 exclusively used by zero-emission or electric trains. The project 40 shall be located on land owned by a public transit agency, or land 31 a.31 05/21/2025 Item No. 11.b
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1 fully or partially encumbered by an existing operating easement 2 in favor of a public transit agency, at the time the project 3 application is filed.
4 (3)  An agreement between the project applicant and public 5 transit agency that owns the land or has the permanent operating 6 easement to finance transit capital infrastructure, transit 7 maintenance, or transit operations, including through a proposed 8 public financing district, community financing district, or tax 9 increment generated by the project.
10 (c)  If the project described in paragraph (1) of subdivision (b) 11 is located on land fully or partially encumbered by an existing 12 operating easement in favor of a public transit agency at the time 13 the project application is filed, the transit agency, the grantor of 14 the easement, and all fee owners of the property encumbered by 15 the easement must sponsor or consent to the application. Nothing 16 in this section shall be interpreted to authorize a transit agency 17 to construct a project described in paragraph (1) of subdivision 18 (b) unless permitted by its operating easement or unless the 19 easement is terminated, in each case prior to the commencement 20 of construction.
21 (c)
22 (d)  If a project described in subdivision (b) requires the 23 construction of new passenger rail storage and maintenance 24 facilities at a publicly or privately owned offsite location distinct 25 from the principal project site, then that project shall be considered 26 a wholly separate project from the project described in subdivision 27 (b) and shall not be exempt from this division. Any required 28 environmental review shall not affect or render invalid the 29 exemption provided in subdivision (b), regardless of whether the 30 project described in subdivision (b) cannot proceed unless the 31 offsite facilities are constructed.
32 SEC. 4. No reimbursement is required by this act pursuant to 33 Section 6 of Article XIIIB of the California Constitution because 34 a local government or school district has the authority to levy 35 service charges, fees, or assessments sufficient to pay for the 36 program or level of service mandated by this act, within the 37 meaning of Section 17556 of the Government Code.

O
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From: Sandra Brillhart
To: Public Comments
Subject: AGENDA ITEM 11B SUPPORT LETTER OPPOSING SB 79
Date: Tuesday, May 20, 2025 7:37:04 PM
CAUTION: This email is from an External source. DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe.

While I strongly support the goal of building more housing near transit, I do not support doing so through a one size fits all mandate from the State.

The Bill contains several objectionable provisions that should cause the City to oppose it. It usurps and undermines local government's ability to control zoning, it bypasses the local decision making process, reduces opportunities for public input, and does not include a requirement for affordable housing.

Even though this Bill would probably have minimal, if any, impact on IB because there are no train, trolley, or BRT stops, it is not in the public interest to support legislation that requires Council, which is also our Planning Commission, to relinquish its important powers to regulate land use to the State.

For these reasons, the City should send a letter in opposition to this Bill.

Respectfully,
Sandy Brillhart
.
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