“Industrial Property” means a parcel of real property which is developed and used in part or in whole for manufacturing, storage and distribution, research and development, office, or other noncommercial, non-residential uses. “Maintenance of Real Property” refers to the action of maintaining and the overall upkeep of a real property (i.e., fixed property, otherwise referred to as immovable property). “Maximum Sound Level (dBA Lmax)” means the highest RMS sound level measured during the measurement period.
“Mobile Noise Source” shall mean any transportation related noise source operating on public roadways.
“Mixed-Use” shall mean the definition of “Mixed-Use” in Section 9.04.030. “Noise Level” shall mean the “A” weighted Sound Pressure Level in Decibels obtained by using a Sound Level Meter at slow response with a reference pressure of 20 micronewtons per square meter.
The unit of measurement shall be designated as dBA.
“Noise-Sensitive Land Use” includes uses listed in Table 1 below. “Person” shall mean a person, firm, association, co-partnership, joint venture, corporation, or any entity, public or private in nature.
“Residential Property” shall mean a parcel of real property that is developed and used either in part or in whole for residential purposes. This does not include hotels or motels but does include other transitory lodgings.
“Root-Mean-Square Sound Level (RMS)” means the square root of the average of the square of the sound pressure over the measurement period.
“Simple Tone Noise” shall mean a noise characterized by a predominant frequency or frequencies such that other frequencies cannot be readily distinguished. “Sound Amplifying Equipment” means any machine or device used for the amplification of the human voice, music, or any other sound, excluding standard automobile stereos when used and heard only by the occupants of the vehicle and as used in this chapter, warning devices on authorized Emergency Vehicles, or horns or other warning devices on any vehicle used for traffic safety purposes. “Sound Level Meter” shall mean an instrument meeting American National Standard Institute’s Standard S1.4-1971 for Type 1 or Type 2 sound level meters or an instrument and the associated recording and analyzing equipment which will provide equivalent data. “Sound Pressure Level” of a sound, in Decibels, shall mean 20 times the logarithm to the base 10 of the ratio of the pressure of the sound to a reference pressure, which reference pressure shall be explicitly stated.
“Stationary Noise Source” shall mean a stationary device which creates sounds while fixed in place or motionless, including but not limited to industrial and commercial machinery and equipment, pumps, fans, compressors, generators, air conditioners, and refrigeration equipment. Also, vehicles on private property.
“Vibration-Sensitive Land Use” means residential, hotels, motels, schools, hospitals and medical offices with vibration-sensitive equipment, places of worship, cultural land uses, commercial, office and government uses. Outdoor areas with no buildings and industrial and manufacturing uses are not considered vibration sensitive. All structures should be considered for potential damage analysis related to construction activities.
11.16.030 Measurement of noise levels.
Any Noise Level measurements made pursuant to the provisions of this chapter shall be performed using a Sound Level Meter as defined in Section 11.16.020. While the exterior noise standards in Section 11.16.040 are applied at the property line of the receiving use, the location for measuring Noise Levels may be at any publicly accessible point near the affected property line if it can Item: 3
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be determined that the measurement point is acoustically similar to the property line. The measurement shall be made at a point at least four feet from reflective surfaces and at least four feet away from reflective surfaces, and for a duration of at least 15 minutes. The measurement shall be made using the A-weighting network (dBA) with “slow” meter response. Impulsive or impact noises shall be measured using “fast” meter response. The purpose of the measurement is to determine if the alleged noise violation exceeds the standards established in Section 11.16.040. If, for any reason, the alleged offending noise cannot be turned off, shut down, or temporarily eliminated from the area, then the Ambient Noise Level shall be estimated by performing a representative measurement in the same general area of the noise source but at a sufficient distance such that the noise is inaudible.
11.16.040 Exterior noise standards.
A. The following exterior noise standards set limits for noise that land uses are allowed to generate as received by other land uses. These standards may be used during Code enforcement of potential noise violations. For purposes of determining potential project impacts during environmental impact review processes pursuant to the California Environmental Quality Act (“CEQA”), the average hourly level (Leq) standards shall be utilized unless all sources are impact in nature. The standards shall apply to the corresponding land use in Residential and Mixed-Use zones only. It is unlawful for any person to create any noise either within or outside the City due to a Stationary Noise Source (or any Mobile Noise Source not pre-empted by State or Federal laws), or to allow the creation of any noise on property owned, leased, occupied, or otherwise controlled by such person, which causes the Noise Level when measured at the property line of any residential use in a residential or mixed use zone, to exceed the applicable noise standards listed in Table 1 – Exterior Noise Standards:
TABLE 1 – EXTERIOR NOISE STANDARDS
Land Use
Noise Level (dBA
Leq)
Noise Level (dBA
Lmax) Time Period
60 80 7:00 a.m.–10:00
Residential in Residential p.m.
Zones 50 70 10:00 p.m.–7:00
a.m.
65 85 7:00 a.m.–10:00
Residential Portion of Mixed- p.m.
Use in Mixed-Use Zones 50 70 10:00 p.m.–7:00
a.m.
Places of Worship, Hospitals,
and Schools in Residential
and Mixed-Use Zones
65 85 All Hours
Places of Worship, Hospitals,
and Schools in Commercial
and Industrial Zones
70 90 All Hours
B. In the event the alleged offensive noise consists entirely of Impulsive Noise, Simple Tone Noise, amplified speech, music, or any combination thereof, each of the above Noise Levels shall be reduced by five dBA. Such noises are generally considered to be particularly annoying and are a primary source of noise complaints.
C. If the alleged offense affects a property outside the City’s jurisdiction, the exterior noise standards shall be enforced at the City boundary.
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D. In the event the measured Ambient Noise Level exceeds any of the noise limit categories above, the noise limit as applied to the contribution of the source(s) in question shall be the Ambient Noise Level.
E. If the noise source and the affected property are within different land use categories, the noise standards of the affected property shall apply.
F. For Mixed-Use residential land uses affected by noise on the same property (e.g., commercial sources affecting the residential portion of the same property), the exterior noise standard shall be applicable at exterior areas provided for private or common usable open space purposes.
Private usable open space is defined as usable open space intended for use by occupants of one Dwelling Unit, normally including yards, decks, and balconies. Common usable open space is defined as open space intended for common use by any/all residents of a development, including swimming pools, recreation courts, patios, open landscaped areas, and greenbelts with pedestrian walkways and bicycle trails, but not including off-street parking and loading areas or driveways. If no balcony or private open space is provided for a residential unit, the noise limit shall be applicable at the exterior of accessible openings (doors and windows) to the unit.
11.16.050 Exemptions.
The following activities shall be exempt from the provisions of this chapter:
A. Activities, such as school bands, school athletics, and school entertainment events, not constituting “special events” (as defined in Section 5.05.020 of the Municipal Code) conducted on the grounds of any public or private nursery, elementary, intermediate, or secondary school or college.
B. “Special events” as defined in Section 5.05.020 provided said events are conducted pursuant to a special event permit issued as described in Chapter 5.05. However, this exemption shall not preclude use of the standards set forth in Section 11.16.040 (“Exterior noise standards”) as a guide for the application, review, or issuance of special event permits.
C. Any mechanical device, apparatus or equipment used, related to, or connected with Emergency Machinery, Vehicles, or Work.
D. Noise sources associated with Construction, repair, remodeling, or grading of any real property, provided that: (1) the City has issued a building permit, grading permit, or similar permit for such activities; (2) said activities do not take place between the hours of 8:00 p.m. and 7:00 a.m., Monday through Saturday, or at any time on Sunday or a legal City of Lake Forest holiday; and (3) the average Construction Noise Levels do not exceed 80 dBA Leq at the first floor of nearby NoiseSensitive Residential Uses.
E. Noise sources associated with the Maintenance of Real Property and use of Domestic Power Tools, provided said activities take place between 7:00 a.m. and 8:00 p.m. on any day except Sunday or a legal City of Lake Forest holiday, or between the hours of 9:00 a.m. and 8:00 p.m. on Sunday or a legal City of Lake Forest holiday.
F. Any activity to the extent regulation thereof has been preempted by State or Federal law.
G. Noise sources associated with solid waste collection and removal, provided such activities take place in accordance with LFMC Section 16.05.000(D).
11.16.060 Loud Noises
It is unlawful for any person to:
A. Use, operate, or permit to be operated any sound-amplifying equipment or speaker for producing or reproducing sound that exceeds the noise standards in section 11.16.040.
B. Maintain, manage, or control any business or Residential Property in violation of subsection A.
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C. Repair, rebuild, modify, or test any motor vehicle or motorcycle in such a manner as to exceed the noise standards in section 11.16.040.
D. Sound or permit the sounding of any amplified signal from a bell, chime, siren, whistle, vehicle horn or similar device, intended primarily for non-emergency purposes which exceeds the noise standards in section 11.16.040. Devices used in conjunction with schools and places of worship shall be exempt from this provision.
E. Operate or cause to be operated any motor vehicle or motorcycle not equipped with a legally compliant muffler or other sound dissipative device in good working order and in constant operation. No person shall remove or render inoperative, or cause to be removed or rendered inoperative, other than for purposes of maintenance, repair, or replacement, any muffler or sound dissipative device on a motor vehicle or motorcycle.
F. Own, maintain, control, or operate any premises or property where noise in violation of
11.16.040 and/or 11.16.060 continues after being informed, anytime within the preceding 30 days by the Police Department or Community Development Department that a violation of this chapter has been committed on said premises.
G. Violations of this section are hereby declared a nuisance per se.
11.16.070 Motor vehicle racing.
It is unlawful to conduct motor vehicle racing, testing, timing or similar noise-producing activities at raceways, speedways, off-road vehicle courses, drag strips or other similar places, including, but not limited to, the operation of midget race cars, drag cars, motorcycles, off-road vehicles, and specialty automobiles, between the hours of 11:30 p.m. and 8:00 a.m.
11.16.080 Construction.
The following regulations set hours, allowed noise levels, and best management practices for construction noise that occurs within the City of Lake Forest. These standards may be used during code enforcement of potential noise violations or used to determine potential project impacts during environmental review processes pursuant to the California Environmental Quality Act (“CEQA”). The following is required for construction:
A. Construction activities, including delivery of material or equipment, shall not take place between the hours of 8:00 p.m. and 7:00 a.m., Monday through Saturday, or at any time on Sunday or a City holiday; and the average Construction Noise Levels shall not exceed 80 dBA Leq(1-hour) at the first floor of nearby Noise-Sensitive Land Uses.
B. If construction noise has the potential to exceed the standards in section 11.16.090.A., as determined by code enforcement of noise violations, analysis of potential construction noise impacts during a review pursuant to the California Environmental Quality Act, or if construction using heavy equipment is proposed within 100 feet of Noise-Sensitive Land Uses, a Construction Noise Management Plan shall be prepared by a qualified acoustician and submitted by the applicant. The noise reduction measures shall be determined in the plan and shall be quantified to demonstrate that noise levels would not exceed the standards.
11.16.090 Vibration
A. Operating or permitting the operation of any device that creates vibration that exceeds current published Caltrans vibration criteria at a receiving Vibration-Sensitive Land Use is prohibited.
B. For projects implementing a phase or phases of construction that incorporate equipment as presented in Table 2 below: during the pre-building permit issuance phase and after a specific equipment list has been determined: 1) A qualified structural engineer, as approved by the Director of Community Development, or designee shall identify all structures that are located Item: 3
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within the distances established in Table 2 and that have the potential to be affected by ground-borne vibration originating from the construction; and 2) A qualified acoustical engineer shall compile a list of proposed construction equipment and compare to the City’s accepted vibration criteria. If it is determined that the proposed equipment would generate vibration levels below the City’s standard of
0.3 inches per second (in/sec) peak particle velocity (PPV), no further vibration assessment is necessary. However, if vibration levels would potentially exceed the City’s standard of 0.3 in/sec PPV, the Project Applicant shall develop a Vibration Monitoring and Construction Contingency Plan for approval by the Director of Community Development, or designee, to ensure that vibration levels would not exceed the City’s accepted vibration damage criteria of 0.3 in/sec PPV. If a Vibration Monitoring and Construction Contingency Plan is deemed necessary, monitoring of vibration during initial construction activities shall be required. Monitoring results may indicate the need for more or less intensive measurements. The Vibration Monitoring and Construction Contingency Plan, at the discretion of the Director of Community Development or designee, shall include the following items as necessary:
Identification of structures where monitoring would be conducted; A vibration monitoring schedule;
Defined structure-specific vibration limits;
Photographic, elevation, and crack surveys to document before and after construction conditions; and
Identification of construction contingencies for when vibration levels approach the limits.
When vibration levels approach the limits specified in this Chapter, construction shall be suspended and contingencies identified in the approved Vibration Monitoring and Construction Contingency Plan shall be implemented as necessary to lower vibration levels. For some projects, the ability to shield or protect the affected building from potential vibration impacts may be possible as an alternative to changing construction methods.
TABLE 2: VIBRATION ASSESSMENT GUIDELINES
Phase of Construction Distance (ft)
Grading
-Large Equipment
*Example: D9 Dozer, Loaded Dump Truck 15
-Impact Hand tools
*Example: Jackhammer 10
Pile Driving
-Impact Pile Driver 300 or within 5 times the depth of the pile, whichever is less
-Vibratory Pile Driver 150 or within 5 times the depth of the pile, whichever is less
11.16.100 Enforcement.
A. The Director or Chief and their duly authorized representatives shall enforce the provisions of this chapter. The Chief and their duly authorized representatives are authorized pursuant to Penal Code Section 836.5 to arrest any person without a warrant when they have reasonable cause to believe that such person has violated a provision of this chapter in their presence. No person shall interfere Item: 3
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with, oppose, or resist any authorized person charged with the enforcement of this chapter while such person is engaged in the performance of his duty.
B. If the Director or Chief and their duly authorized representatives conduct noise monitoring tests or other noise measurement readings for purposes of enforcement, and the Noise Level is found to exceed the limits specified in this chapter, the property owner or responsible party shall be required to pay the City’s cost of the noise monitoring tests or readings.
11.16.110 Permit to temporarily exceed noise limits
A. Applications. The owner or operator of a noise source may file an application for a permit to temporarily exceed the noise limits in this chapter. The application shall set forth: (1) all facts regarding the request, including a detailed description of the noise source and proposed dates and times the noise limits would be exceeded; (2) the reasons why compliance with the noise limits cannot be achieved and the basis for such a determination; (3) all actions the applicant has taken, intends to take, and any proposed methods to minimize noise during the temporary activity; and (4) any such additional information relevant to the request the Director may require.
B. Permit Fee. The application shall be accompanied by a fee in the current amount established by resolution of the City Council. A separate application shall be filed for each noise source; provided, however, that several Mobile Noise Sources under common ownership or several fixed sources on a single property may be combined into one application.
C. Permit Processing. Within five days of receipt of a complete application, the Director shall forward the application to the City Manager for a determination. An applicant shall remain subject to the terms of this chapter unless and until a permit to temporarily exceed noise limits is granted.
D. City Manager Review, Authority, and Decision. The City Manager shall consider the likely magnitude of nuisance caused by the proposed noise, the uses of property within the area of impingement by the noise, time of day factors related to potential impacts to surrounding property occupants, and any other relevant considerations including, but not limited to, the fact that a noise generator in question commenced operations prior to the existence of a noise-sensitive use affected by noise from such facility, and the general public interest and welfare.
The City Manager is authorized to grant a permit to temporarily exceed the noise limits of this chapter for a period not to exceed 30 days if the City Manager finds such temporary waiver:
1. would be in the public interest and there is no feasible and prudent alternative to the activity, or the method of conducting the activity, for which the temporary waiver is sought; and
2. that strict compliance with the requirements of this chapter will cause practical difficulties, unnecessary hardship, or unreasonable expense.
After reviewing the application and all relevant facts and information, the City Manager shall render a decision on the application. Such decision shall be transmitted to the applicant in written form within ten days of the application submittal. The City Manager’s decision shall be final.
E. Permit Requirements. A permit shall be for a limited period and may be subject to any terms, conditions, and requirements as the City Manager deems reasonable to achieve maximum compliance with the provisions of this chapter. Such terms, conditions and requirements may include, but shall not be limited to, limitations on Noise Levels and operating hours, and a requirement to implement noise attenuation measures.
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Attachment 1 - April 3, 2025 Planning Commission Staff Report RESOLUTION NO. ______
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
LAKE FOREST, CALIFORNIA RECOMMENDING THAT THE CITY
COUNCIL OF THE CITY OF LAKE FOREST ADOPT A RESOLUTION
AMENDING THE CITY’S LOCAL THRESHOLDS OF SIGNIFICANCE
GUIDE FOR IMPLEMENTING THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT (CEQA) TO ESTABLISH REVISED NOISE
THRESHOLDS, AND DETERMINING THE RESOLUTION TO BE
EXEMPT FROM CEQA
WHEREAS, Public Resources Code, section 21082 requires all public agencies to adopt objectives, criteria and procedures for (1) the evaluation of public and private projects undertaken or approved by such public agencies, and (2) the preparation, if required, of environmental impact reports and negative declarations in connection with that evaluation; and
WHEREAS, State CEQA Guidelines, section 15064.7(a) defines a threshold of significance as “an identifiable quantitative, qualitative or performance level of a particular environmental effect, noncompliance with means the effect will normally be determined to be significant by the agency and compliance with means the effect normally will be determined to be less than significant”; and WHEREAS, State CEQA Guidelines, section 15064.7(b) requires that thresholds of significance must be adopted by ordinance, resolution, rule, or regulations, developed through a public review process, and supported by substantial evidence; and
WHEREAS, the Lake Forest City Council adopted the City of Lake Forest CEQA Significance Thresholds Guide in 2001, which has since been amended and which serves as an internal guidance document for City staff be used for the review of projects, and in the preparation of environmental documents pursuant to the California Environmental Quality Act (CEQA); and
WHEREAS, the City of Lake Forest CEQA Significance Thresholds Guide contains thresholds of significance that are based on and reference standards in Chapter
11.16 of the Lake Forest Municipal Code; and
WHEREAS, in conjunction with the 2020 adoption of the Lake Forest General Plan 2040 Public Safety Element, the City Council adopted implementation action PS6a, which calls for the update of Chapter 11.16 of the Lake Forest Municipal Code to: (1) ensure that the noise standards are consistent with the General Plan; (2) require new residential, mixed-use with a residential component, and other noiseItem: 3 108
Attachment 1 - April 3, 2025 Planning Commission Staff Report sensitive development to be designed to minimize noise exposure to noise sensitive uses through incorporation of site planning and architectural techniques; and (3) include noise standards for residential uses within a mixed-use development; and
WHEREAS, in conjunction with the adoption of the Lake Forest General Plan 2040 Public Safety Element, the City Council adopted implementation action PS-6e, which calls for the update of Chapter 11.16 of the Lake Forest Municipal Code to require certain measures for construction, including: restricting construction activities to certain hours; requiring a construction management plan; requiring noise reduction measures related to equipment and trucks and impact tools; standards for stationary noise sources and delivery of materials; and minimization of vibration impacts; and
WHEREAS, the updates to the Lake Forest Municipal Code identified above, along with related updates to the Lake Forest General Plan 2040 Public Safety Element, adopted concurrently with this update of the CEQA Significance Thresholds Guide, change the City’s criteria for determining the significance of development-related noise impacts of projects; and
WHEREAS, the City of Lake Forest, following a public hearing process, wishes to adopt revised Noise Thresholds of Significance that are consistent with concurrently adopted revised criteria in the General Plan 2040 Public Safety Element and Chapter 11.16 of the Lake Forest Municipal Code, which would apply to projects in the City of Lake Forest that are subject to CEQA; and WHEREAS, to achieve this, the City must revise its local CEQA Significance Thresholds Guide to integrate the revised noise thresholds.
NOW, THEREFORE, the Planning Commission of the City of Lake Forest hereby resolves as follows:
SECTION 1. The recitals are each incorporated by reference and adopted as findings by the Planning Commission.
SECTION 2. In its advisory capacity to the City Council, the City of Lake Forest Planning Commission has evaluated the proposed revised noise thresholds of significance to determine whether the revisions are subject to environmental review under Public Resources Code, section 21000 et seq.: “CEQA”. The Planning Commission recommends that no further environmental review be required because the proposed revised noise thresholds of significance are within the scope of the 2040 Lake Forest General Plan EIR (State Clearinghouse No. 2019090102) that was certified by the City on June 2, 2020, and were contemplated as future actions in the EIR. Moreover, none of the conditions in Item: 3
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Attachment 1 - April 3, 2025 Planning Commission Staff Report Public Resources Code Section 21166 and/or State CEQA Guidelines Section 15162 are triggered by the proposed revised noise thresholds of significance. For these reasons, the revised noise standards are not subject to further environmental review under CEQA.
SECTION 3. Based upon substantial evidence set forth in the record of proceedings, including but not limited to the April 3, 2025, Planning Commission Staff Report on the revised noise thresholds of significance, the Planning Commission for the City of Lake Forest hereby recommends adoption of the revised noise thresholds set forth in Exhibit A, City of Lake Forest CEQA Significance Thresholds Guide, attached hereto and incorporated herein by this reference.
SECTION 4. This Resolution shall take effect immediately upon its adoption by the Planning Commission, and the Director of Community Development shall attest to and certify the vote adopting this Resolution.
SECTION 5. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Resolution for any reason is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Resolution. The Planning Commission hereby declares that it would have adopted this Resolution, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.
SECTION 6. Custodian of Records. The documents and materials that constitute the record of proceedings on which these findings are based are located at City Hall for the City of Lake Forest, located at 100 Civic Center Drive, Lake Forest, California. The City Clerk is the custodian of the record of proceedings.
SECTION 7. Notice of Determination. Staff is directed to file a Notice of Determination with the County of Orange within five (5) working days of approval of this Resolution.
PASSED, APPROVED, AND ADOPTED by the Planning Commission of the City of Lake Forest, California on April 3, 2025 by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
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Attachment 1 - April 3, 2025 Planning Commission Staff Report ________________________________
THOMAS LUDDEN DATE
CHAIR
LAKE FOREST PLANNING COMMISSION
ATTEST:
__________________________________ ____________________
GAYLE ACKERMAN, AICP DATE
DIRECTOR OF COMMUNITY DEVELOPMENT
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EXHIBIT A
(on following page)
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Attachment 1 - April 3, 2025 Planning Commission Staff Report APPENDIX 1
CITY OF LAKE FOREST
CEQA SIGNIFICANCE THRESHOLDS GUIDE
Published November 20, 2001
Revised _____________, 2025
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TABLE OF CONTENTS
Section Page
1 INTRODUCTION..........................................................................................................1
1.1 CEQA Significance Thresholds............................................................................1
1.2 City of Lake Forest ..............................................................................................2
1.3 Summary of Significance Thresholds ..................................................................2 2 CIRCULATION/TRANSPORTATION...........................................................................7
2.1 Background .........................................................................................................7
2.2 Thresholds of Significance...................................................................................8
2.3 Potential Mitigation ..............................................................................................8
2.4 References ..........................................................................................................9 3 NOISE ........................................................................................................................10
3.1 Background .......................................................................................................10
3.2 Noise Metrics.....................................................................................................10
3.3 Applicable Noise Standards...............................................................................11
3.4 Thresholds of Significance.................................................................................13
3.5 Potential Mitigation ............................................................................................13
3.6 References ........................................................................................................15 4 AIR QUALITY ............................................................................................................16
4.1 Background .......................................................................................................16
4.2 Regulatory and Planning Setting .......................................................................17
4.3 Established SCAQMD Air Pollution Thresholds.................................................20
4.4 Thresholds of Significance.................................................................................22
4.5 SCAQMD Additional Indicators for Air Quality Impacts......................................23
4.6 Potential Mitigation ............................................................................................23
4.7 References ........................................................................................................24 5 LAND USE .................................................................................................................25
5.1 Background .......................................................................................................25
5.2 Land Use Goals, Policies, and Regulations.......................................................25
5.3 Thresholds of Significance.................................................................................26
5.4 Potential Mitigation ............................................................................................26
5.5 References ........................................................................................................27 6 AESTHETICS.............................................................................................................28
6.1 Background .......................................................................................................28
6.2 Aesthetic/Design Guidelines and Standards......................................................28
6.3 Assessment of Visual Changes.........................................................................29
6.4 Thresholds of Significance.................................................................................30 Item: 3
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6.5 Potential Mitigation ............................................................................................30
6.6 References ........................................................................................................32 7 WATER RESOURCES...............................................................................................33
7.1 Background .......................................................................................................33
7.2 Water Quality Regulatory Setting ......................................................................34
7.3 Thresholds of Significance.................................................................................35
7.4 Potential Mitigation ............................................................................................36
7.5 References ........................................................................................................38 8 LIST OF PREPARERS ..............................................................................................39
8.1 City of Lake Forest ............................................................................................39
8.2 Consultant .........................................................................................................39 Item: 3
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3 Circulation/Transportation
SECTION 1 INTRODUCTION
6.7 CEQA SIGNIFICANCE THRESHOLDS
The City of Lake Forest CEQA Significance Thresholds Guide has been prepared as an internal guidance document for City staff. The information presented herein shall be used by staff for the review of projects, and in the preparation of environmental documents pursuant to the California Environmental Quality Act (CEQA). CEQA requires the analysis of discretionary projects to disclose their potential effects on the environment.
As stated in Section 15064(a) of the State CEQA Guidelines, “Determining whether a project may have a significant effect plays a critical role in the CEQA process.” The identification of significance of an impact determines the level of environmental review required and the need for mitigation measures to reduce or eliminate project impacts. The tools used by a lead agency to make significance determinations include but are not limited to: CEQA’s Mandatory Findings of Significance, Appendix G of the CEQA Guidelines (the model Initial Study checklist), agency (e.g., South Coast Air Quality Management District, Governor's Office of Planning and Research) regulatory standards and guides, consultation with other agencies, and the lead agency’s specific thresholds of significance. As defined in the CEQA Guidelines (Section 15064.7) “a threshold of significance is an identifiable quantitative, qualitative or performance level of a particular environmental effect, non-compliance with which means the effect will normally be determined to be significant by the agency and compliance with which means the effect normally will be determined to be less than significant.”
Section 15064(b)(1) of the State CEQA Guidelines states: “The determination of whether a project may have a significant effect on the environment calls for careful judgment on the part of the public agency involved, based to the extent possible on scientific and factual data. An ironclad definition of significant effect is not always possible because the significance of an activity may vary with the setting.” The City of Lake Forest CEQA Significance Thresholds Guide is a tool that compiles information that is useful in the preparation of environmental documents. This information can be used to improve the level of consistency, predictability, and objectivity of the City’s environmental documents. The Guide provides assistance in evaluating the significance of project impacts for six key topical issues in the City of Lake Forest: circulation/transportation, noise, air quality, land use, aesthetics, and water resources. For each topical issue, the following information is provided:
background information; discussion of relevant standards, planning guidelines, policies etc.; thresholds of significance; and potential mitigation. It should be noted that the mitigation measures suggested in this document are examples of the types of mitigation that could be applied to a project to reduce identified environmental impacts. The actual mitigation recommended for a project will vary depending on the project itself, the specific impact, and other issues that may arise on a case-by- case basis. It is not intended that each mitigation measure identified in this document be applied to every project or that the mitigation be written exactly as presented herein. Similarly, there may be mitigation required of a project that is not identified in this document.
The City of Lake Forest CEQA Significance Thresholds Guide provides guidance and does not require mandatory application of all thresholds for every project. The guidance provided in this document does not substitute for the use of independent judgment to determine significance or the evaluation of the evidence in the record but is intended to provide sufficient flexibility to use the most appropriate criteria (i.e., on a case-by-case basis) for a particular project. (See Mejia v. City of Item: 3
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Los Angeles (2005) 130 Cal.App.4th 322; Protect the Historic Amador Waterways v. Amador Water Agency (2004) 116 Cal.App.4th 1099.) CEQA includes additional topics and requirements that are not addressed in this City of Lake Forest CEQA Significance Thresholds Guide. Section 15064(b)(2) of the State CEQA Guidelines states: “Thresholds of significance, as defined in Section 15064.7(a), may assist lead agencies in determining whether a project may cause a significant impact. When using a threshold, the lead agency should briefly explain how compliance with the threshold means that the project's impacts are less than significant. Compliance with the threshold does not relieve a lead agency of the obligation to consider substantial evidence indicating that the project’s environmental effects may still be significant." The lead agency is responsible for ensuring that all CEQA requirements are met.
6.8 CITY OF LAKE FOREST
The City of Lake Forest is located between the coastal floodplain and the Santa Ana Mountains.
The western portion of the City is near sea level while the northeastern portion of the City becomes progressively higher and steeper, reaching elevations of up to 1,500 feet. The Santa Ana Mountains can be seen from various points within the City (including major roadways) while the Saddleback Valley floor and the Pacific Ocean can be seen from the higher elevations. The Recreation and Resources Element of the City of Lake Forest General Plan states that, “Lake Forest’s recreational amenities and natural resources form an important part of its unique character and quality of life. In our community, these resources include the City’s parks and trails, natural open space areas, scenic vistas, and cultural, and biological, resources. It is important to understand, document, and appreciate these resources so that these valuable pieces of the community can be preserved and protected for future generations.” Notable natural features in the City include the foothills of the Santa Ana Mountains and natural water courses. The Whiting Ranch Wilderness Park is a prominent visual feature in the northern portion of the City located generally between the planned communities of Portola Hills and Foothill Ranch. There are five water courses that traverse the City: Aliso Creek, Serrano Creek, Borrego Canyon Wash, and two smaller creeks. While portions of these creeks are channelized for flood control purposes, significant portions of Aliso Creek and Serrano Creek include trails and open space and have a natural/undeveloped character. The City of Lake Forest also has four man-made lakes, three located within residential developments and one in Veterans Park.
The City developed as a series of primarily residential Planned Communities. Development within each Planned Community is designed to be compatible and form a consistent visual image. In older areas of the City, particularly near I-5, residential neighborhoods were not developed as part of Planned Communities and have less architectural and visual consistency.
Low-scale (one- to three-story) commercial development is concentrated near I-5 and along the primary arterials of El Toro Road, Lake Forest Drive, Bake Parkway and Portola Parkway. Existing sources of night lighting within the City include commercial districts, parking areas, outdoor sports facilities, and roadways.
6.9 SUMMARY OF SIGNIFICANCE THRESHOLDS
The following provides a summary of the thresholds of significance presented in Sections 2 through 7 of this document.
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Circulation/Transportation
A proposed project would normally have a significant impact if it is determined to:
• Not meet any of the screening criteria described in Attachment 1 to this CEQA SignificanceThreshold Guide – City of Lake Forest Transportation Analysis Guidelines; and Exceed any of the vehicle miles traveled (VMT) thresholds described in Attachment 1 to this CEQA Significance Threshold Guide – City of Lake Forest Transportation Analysis Guidelines; and/or
Conflict with program plan, ordinance or policy addressing the circulation system, including transit, roadway, bicycle, and pedestrian facilities; and/or Includes design features or uses that may cause traffic hazards such as sharp curves, tight turning radii from streets, limited roadway visibility, short merging lanes, uneven road grades, or any other conditions determined by the City traffic engineer to be a hazard; and/or Results in inadequate emergency access.
NOISE
Traffic Noise
A proposed project would normally have a significant offsite traffic noise impact if one of the following criteria are met:
When existing noise levels are between 60 dBA and 65 dBA CNEL, a 3 dBA CNEL increase in noise will be considered significant;
When existing noise levels exceed 65 dBA CNEL, a 1.5 dBA CNEL increase in noise will be considered significant.
Stationary Noise
The project would normally have a significant stationary noise impact if it would:
Exceed the stationary source noise criteria for the City of Lake Forest as specified by the exterior noise standards set forth in the Noise Control Chapter (11.16) of the Lake Forest Municipal Code.
Construction Noise
The project would normally have a significant construction noise impact if it would:
Exceed 80 dBA Leq(1-hour) between the hours of 7:00 a.m. and 8:00 p.m., Monday through Saturday.1
Vibration
The project would normally have a significant vibration impact if it would:
1 Construction is prohibited between 8:00 p.m. and 7:00 a.m., Monday through Saturday, or at any time on Sunday or a City holiday.
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Exceed the applicable standards from the Federal Transit Administration (FTA) or Caltrans vibration limits.
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SECTION 3 – NOISE
6.10 BACKGROUND
Potential noise and vibration impacts are commonly divided into two groups: short-term construction and long- term operational (stationary source and mobile vehicular noise). Shortterm impacts are usually associated with noise and vibration generated by construction activities.
Long-term impacts include effects on surrounding land uses generated by a project once it is operational, and those impacts which occur at a project site. Construction-related and operational noise and vibration impacts are addressed in this section.
Noise has been defined as unwanted sound, and it is known to have adverse effects on people.
Based on these effects, criteria have been established to help protect public health and safety and prevent disruption of certain human activities. These criteria are based on such known impacts of noise on people as hearing loss, speech interference, sleep interference, physiological responses, and annoyance.
Most noise metrics use the A-weighted noise level to quantify noise impacts on humans. Aweighting is a frequency weighting that accounts for human sensitivity to different frequencies.
When the A-scale is used, the decibel levels are represented by dBA (A-weighted decibels). The City of Lake Forest’s noise standards are expressed in terms of dBA. On this scale, the range of human hearing extends from about 3 dBA to about 140 dBA. A 10 dBA increase is judged by most people as a doubling of the sound level. Generally, noise increases of less than three dB are not detectable by the human ear.
Everyday sounds normally range from 30 dBA (very quiet) to 100 dBA (very loud). Noise from transportation activities (transportation corridors, major arterials, collector roadways, railroad, etc.) is the primary component of the noise environment in the City of Lake Forest. Noise generated by construction equipment, including trucks, graders, bulldozers, concrete mixers, pile drivers, and portable generators, can reach high levels. Noise levels from construction equipment generally range from 76 to 91 dBA for equipment powered by internal combustion engines, saws, and vibrating equipment, and from the mid-80s to more than 100 dBA for impact equipment.
Excavation and grading activities typically represent the highest potential for noise impacts.
6.11 NOISE METRICS
To account for the fluctuation in noise levels over time, noise impacts are commonly evaluated using time-averaged noise levels. Two of the most used noise scales are the Equivalent Continuous Sound Level (LEQ) and the Community Noise Equivalent Level (CNEL).
LEQ is the sound level corresponding to a steady-state sound level containing the same total energy as a time-varying signal over a given sample period. LEQ is the "energy" average noise level during the time period of the sample. LEQ can be measured for any time period but is typically measured for one hour. It is the energy sum of all the events and background noise levels that occur during that time period.
LMAX means the highest sound level measured during the measurement period.
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penalized in noise analyses. Noises occurring in the evening (7:00 p.m. to 10:00 p.m.) are penalized by 5 dBA and nighttime (10:00 p.m. to 7:00 a.m.) noises are penalized by 10 dBA. A CNEL noise level may be reported as a "CNEL of 60 dBA," "60 dBA CNEL," or simply "60 CNEL."
6.12 APPLICABLE NOISE STANDARDS
The City of Lake Forest General Plan (Public Safety Element) and the Municipal Code (Chapter
11.16 – Noise Control) establish noise standards for the City.
PUBLIC SAFETY ELEMENT OF THE GENERAL PLAN
Table PS-1 of the Public Safety Element summarizes land use compatibility noise standards for various types of land uses (Table 3-1 below). As a result of the Supreme Court decision regarding the assessment of the environment’s impacts on projects (California Building Industry Association (CBIA) v. Bay Area Air Quality Management District (BAAQMD), 62 Cal. 4th 369 (No. S 213478) issued December 17, 2015), it is generally no longer the purview of the CEQA process to evaluate the impact of existing environmental conditions on any given project. As a result, while noise from existing sources is taken into account as part of the baseline, the direct effects of noise from nearby noise sources relative to land use compatibility of a future project is typically no longer a required topic for impact evaluation under CEQA. Generally, no determination of significance is required with the exception of new school projects, projects significantly affected by airport noise, and project’s that would exacerbate existing conditions (i.e., projects that would have a significant operational impact that could expose on-site users to substantial noise). In the cases of these exceptions, the noise and land use compatibility standards from Table 3-1 should be used to evaluate the potential impact of surrounding noise sources on future sensitive project residents, workers, or users.
TABLE 3-1
LAND USE COMPATIBILITY FOR COMMUNITY NOISE ENVIRONMENT5, 6 Interior Spaces
Land Use
1 Outdoor
Activity Areas 2, 3
Ldn, dBA Ldn, dBA Leq, dBA 4
Residential 60 45 –
Motels/Hotels 65 45 –
Mixed-Use 65 45 –
Hospitals, Nursing Homes 60 45 –
Theaters, Auditoriums – – 35
Churches 60 – 40
Office Buildings 65 – 45
Schools, Libraries, Museums 70 – 45
Playgrounds, Neighborhood Parks 70 – -
Industrial 75 – 45
Golf Courses, Water Recreation 70 – –
1. Where a proposed use is not specifically listed, the use shall comply with the criteria for the most similar use as determined by the City.
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2. Outdoor activity areas for residential development are considered to be the private exterior living area of single-family homes and the main common areas where people generally congregate for multi-family and residential components of mixed-use developments.
Outdoor activity areas for non-residential developments are the common areas where people generally congregate, including community centers, pool areas, and outside lunch facilities. New multi-family developments and residential components of mixed-use developments with balconies or patios that are exposed to noise that exceeds the outdoor criteria in this table are required to provide occupancy disclosure notices to all future tenants regarding potential noise impacts.
3. In areas where it is not possible for a new project to reduce exterior noise levels to achieve the outdoor activity area criteria using a practical application of the best noise-reduction technology, as determined by a qualified acoustician, an increase of up to 5 dBA Ldn over the outdoor standard will be allowed provided that available exterior noise reduction measures have been implemented and interior noise levels are in compliance with this table
4. Determined for a typical operating hour during periods of use.
5. In accordance with Policy PS-6b, this table shall be used for land use compatibility noise criteria when making planning and development decisions. These criteria represent the acceptable noise level for new sensitive receptors. These criteria are not to be retroactively applied for existing uses. These criteria are also not generally intended for use as CEQA significance thresholds for noise generated by new projects to existing receptors; that purpose is achieved by compliance with Municipal Code standards.
6. Abbreviations: dB = decibel; Leq = equivalent noise level; Ldn = Day-Night Average Level NOISE ORDINANCE The Noise Control Chapter (11.16) of the Lake Forest Municipal Code (“Noise Ordinance”), is designed to protect people from non-transportation (stationary) noise sources such as music, construction activity, machinery, and equipment such as air conditioners. The Noise Ordinance sets limits for stationary noise sources, depending on the type of land use that is receiving the noise.
Table 3-2 lists the A-weighted noise level (dBA) limit for these sources. The ordinance applies different criteria during different time periods. The noise criteria are more stringent in late night and early morning hours and reflect a heightened sensitivity to noise during these time periods.
For purposes of determining potential project impacts during environmental impact review processes pursuant to the California Environmental Quality Act (“CEQA”), the average hourly level (Leq) standards shall be utilized unless all sources are impact in nature.
TABLE 3-2
CITY OF LAKE FOREST NOISE ORDINANCE EXTERIOR NOISE STANDARDS Land Use Noise Level (Leq,
dBA)
Noise Level
(Lmax, dBA) Time Period
60 80 7:00 a.m.–10:00
Residential in p.m.
Residential Zones 50 70 10:00 p.m.–7:00
a.m.
65 85 7:00 a.m.–10:00
p.m. Residential Portion of
Mixed-Use in MixedUse Zones 50 70 10:00 p.m.–7:00
a.m.
Churches, Hospitals,
and Schools in
Residential and MixedUse Zones
65 85 All Hours
Churches, Hospitals,
and Schools in
Commercial and
Industrial Zones
70 90 All Hours
Section 11.16.050 of the Noise Ordinance identifies specific activities that would be exempt from the provisions of the noise restrictions. Exempted activities include, but are not limited to, construction, repair, remodeling, and grading, provided that: (1) the City has issued a building Item: 3
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permit, grading permit, or similar permit for such activities; (2) said activities do not take place between the hours of 8:00 p.m. and 7:00 a.m. Monday through Saturday, or at any time on Sunday or a legal City of Lake Forest holiday; and (3) the average construction noise levels do not exceed 80 dBA Leq(1-hour) at nearby “noise-sensitive land uses,” as that term is defined in Section
11.16.020 of the Municipal Code.
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6.13 THRESHOLDS OF SIGNIFICANCE
TRAFFIC NOISE
Generally, a 3 dBA increase in noise levels is barely perceptible, and a 5 dBA increase in noise levels is clearly perceptible. In areas where the existing ambient noise level exceeds 65 dBA CNEL, the noise environment is considered degraded and less of an increase in ambient noise levels is allowed. Therefore, a proposed project would normally have a significant offsite traffic noise impact if one of the following criteria are met:
• When existing noise levels are between 60 dBA and 65 dBA CNEL, a 3 dBA CNEL increase in noise will be considered significant;
• When existing noise levels exceed 65 dBA CNEL, a 1.5 dBA CNEL increase in noise will be considered significant.
STATIONARY NOISE
The Noise Ordinance sets limits on the level and duration of time a stationary noise source (e.g., mechanical equipment) may impact a noise-sensitive area. Table 3-2 outlines these noise limits.
The determination that a project has the potential to exceed the City’s established noise limits is typically based on a noise technical report prepared by a qualified acoustical consultant. The project would normally have a significant stationary noise impact if it would exceed the stationary source noise criteria for the City of Lake Forest as specified in Table 3-2.
CONSTRUCTION NOISE
Per Section 11.16.050, a project would normally have a significant construction noise impact if construction noise exceeds 80 dBA Leq at nearby Noise-Sensitive Residential Land Uses, as that term is defined in the Municipal Code, between the hours of 7:00 a.m. and 8:00 p.m., Monday through Saturday, or exceeds Municipal Code standards at nearby Noise-Sensitive Residential Land Uses between 8:00 p.m. and 7:00 a.m., Monday through Saturday, or at any time on Sunday or a legal City of Lake Forest holiday.
VIBRATION
The Noise Control Chapter (11.16) of the Lake Forest Municipal Code states that operating or permitting the operation of any device that creates vibration that is distinctly perceptible to an individual at a receiving vibration-sensitive land use is prohibited. A project would normally have a significant vibration impact if it would exceed applicable criteria from the FTA or Caltrans regarding vibration damage and annoyance limits.
6.14 POTENTIAL MITIGATION
The mitigation measures listed in this section are examples of the types of mitigation that could be applied to a project to reduce identified noise impacts. The actual mitigation recommended for a project will vary depending on the project itself, the specific impact, and other issues that may arise on a case-by-case basis. It is not intended that each mitigation measure identified in this section be applied to every project or that the mitigation be written exactly as presented herein.
Similarly, mitigation may be required that is not identified in this document.
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CONSTRUCTION NOISE
Potential mitigation measures for short-term construction-related noise impacts that exceed the significance thresholds may include:
• Use of noise control techniques (e.g., absorptive mufflers, use of intake silencers, engine enclosures and acoustically attenuating shields or shrouds) on equipment and trucks used for project construction.
• Use of temporary sound barriers/blankets between construction equipment and nearby sensitive receptors. Barriers must be constructed with solid material with a density of at least 1 pound per square foot with no gaps from the ground to the top of the barrier and must be lined on the construction side with acoustical blanket. • Use of hydraulically or electrically powered impact tools (e.g., jack hammers, pavement breakers, and rock drills) for project construction to avoid noise associated with compressed air exhaust from pneumatically powered tools. However, where use of pneumatic tools is unavoidable, an exhaust muffler and/or sound attenuation barriers/blankets on the compressed air exhaust may be used. Quieter procedures would include, for example, drills rather than impact equipment.
• Use of temporary power poles or the electrical grid instead of generators. • Locating stationary noise sources as far from adjacent properties as possible, and use of temporary sheds, insulation barriers, or other measures as determined by the City. • To the extent consistent with applicable safety regulations, use of trucks with SAE J994 Class "D" or equivalent reverse motion alarms (ambient-adjusting, or “smart alarms” that automatically adjust the alarm to 5 dBA above the ambient near the operating equipment) or switched off back-up alarms with human spotters in compliance with all safety requirements and laws. • Truck routes that avoid residential areas to the extent possible.
STATIONARY NOISE SOURCES
Potential mitigation measures for long-term stationary noise impacts that exceed the significance thresholds may include:
Redesign the source to radiate less noise (e.g., substitute a quieter equipment type/process or enclose the source with sound absorbent material);
Use insulation or construct solid barriers between noise sources and noise receivers; Separate noise sources from noise receivers by distances sufficient to attenuate the noise to acceptable levels;
Locate delivery, truck loading, or trash pickup areas as far from “noise-sensitive land uses” (as that term is defined in Section 11.16.020 of the Municipal Code) as possible; Limit delivery and loading/unloading hours;
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• Limit the hours of use of noise-generating equipment; • Require a follow-up acoustical analysis once preliminary noise reduction considerations are presented;
• Inspect noise generating equipment prior to issuance of occupancy permits to verify onsite containment of noise.
TRAFFIC NOISE
Potential mitigation measures for long-term mobile noise impacts that exceed the significance thresholds may include:
• Attenuate noise by using barriers;
• Installation of “quiet pavement” (e.g., rubberized asphalt); • Redirect sound transmission paths;
VIBRATION
Potential mitigation measures for vibration impacts that exceed the significance thresholds may include:
• Use of equipment that generates lower vibration levels (e.g., static rollers instead of vibratory rollers, smaller earthmoving equipment when within close distances of receptors, alternatives to impact pile driving);
• Increase or establish minimum property line setbacks for vibration-generating equipment; • Require vibration monitoring during applicable phases of construction.
3.2 REFERENCES
City of Lake Forest 2020 General Plan – Public Safety Element City of Lake Forest Municipal Code, Chapter 11.16 – Noise Control.
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ATT
Introduction to Public Safety
The goal of Lake Forest’s Public Safety Element is to reduce the risk of death, injury, property damage, economic loss, and harm due to natural and manmade disasters. This element will view risks on both a short-term and long-term basis, and will place a special emphasis on local and regional risk factors.
The Public Safety Element closely relates to the Public Facilities Element and supports the City’s Emergency Management Plan. The long-term risks associated with Climate Change are also addressed in here.
Organization of Element
The Public Safety Element will address each of the topics below as they relate to Lake Forest. The goals and policies of this element are organized around the following topics:
Seismic and Geologic Hazards
Fire Safety
Flooding
Hazardous Waste and Materials
Emergency Operations
Noise
Climate Change and Resiliency Planning
Contents:
Seismic and
Geologic
Hazards
Fire Safety
Flooding
Hazardous
Waste and
Materials
Emergency
Operations
Noise
Climate Change
and Resiliency
Planning
ATT
PUBLIC SAFETY ELEMENT REDLINE
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GOAL PS-6 NOISE
A comfortable community environment that is free from excessive noise pollution.
PS-6 Policies
Land Use Planning. Require development and infrastructure projects to be consistent with the maximum allowable noise exposure standardscriteria identified in PS-6.1 Table PS-1 to ensure acceptable noise levels for existing and future development.
PS-6.2 Noise-Sensitive FacilitiesLand Uses. Ensure appropriate mitigation isfeatures are incorporated into the design of noise-sensitive facilitiesland uses to minimize noise impactsprevent unacceptable noise exposure.
PS-6.3 Site Design. Require site planning and project design techniques to minimize noise impacts adjacent to sensitive uses in order to comply with City standards.
PS-6.4 Noise Control. Ensure that noise levels do not exceed the limits established in the Municipal CodeTable PS-2 by incorporating sound-reduction design in new construction or revitalizationand retrofit projects impacted by non-transportation-related noise sources.
PS-6.5 Roadway Noise. Encourage nonmotorized transportation alternatives for local trips and the implementation of noise sensitivity measures in the public realm, including traffic-calming road design, lateral separation, natural buffers, and setbacks to decrease excessive motor vehicle noise.
PS-6.6 Highway Noise. Continue to coordinate with the California Department of Transportation (Caltrans) and the Transportation Corridor Agency Agencies (TCA) to achieve maximum noise abatement in the design of new highway projects or improvements along I-5 and CA-241.
PS-6.7 Vehicles and Trucks. Monitor and enforce existing speed limits and motor vehicle codes requiring adequate mufflers on all types of vehicles traveling through the cCity.
PS-6.8 Commercial Noise. Require the use of noise attenuation measures, including screening and buffering techniques, for all new commercial development expected to produce excessive noise; in existing cases where the City’s noise standards are exceeded, work with Code Enforcement to require compliance.
PS-6.9 Interjurisdictional Coordination. Coordinate with neighboring cities to prevent and minimize exceedance of noise conflicts standards between land uses along the City's boundaries.
PS-6.10 Airplane Noise. Maintain communication with John Wayne Airport and other relevant air transportation agencies to ensure that all future plans have limitedminimize the noise-related impacts of air travel onto the community of Lake ForestCity.
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PS-6 Actions
PS-6a (reserved)Update Chapter 11.16 of the Lake Forest Municipal Code to ensure that the noise standards are consistent with this General Plan, including Tables PS-1 and PS-2, and to require new residential, mixed-use with a residential component, and other noise-sensitive development to be designed to minimize noise exposure to noise sensitive uses through incorporation of site planning and architectural techniques. The update shall also include noise standards for residential uses within a mixed-use development, which may differ from other adopted residential noise standards.
PS-6b To ensure that noise does not adversely affect new sensitive receptors, the City will use land use compatibility noise criteria for various land use types in Table PS-1 when making planning and development decisions. The criteria in Table PS-1 represent the acceptable noise level for new sensitive receptors.Review new development projects for compliance with the noise requirements established in this General Plan, including the standards established in Tables PS1 and PS-2.
Existing and future noise contours from transportation noise in the City are provided in Figure 1 and Figure 2. The future noise contours in Figure 2 will be used as a guide for land use and development decisions. If the noise level at a project does not exceed the outdoor activity area allowable noise level in Table PS-1, the project is considered compatible with the noise environment.
If the project will exceed the allowable outdoor activity area and interior space noise levels in Table PS-1, the project proponent shall be required to demonstrate (with an acoustical analysis) that the project is designed to attenuate noise to meet the criteria in Table PS-1, and California Building Standards Code, and California Green Building Standards Code (Title 24) interior noise standards. If the project is not designed to meet the noise criteria, noise reduction measures may be recommended in the analysis. If the analysis demonstrates that the noise criteria can be met with implementation of the noise reduction measures, the project may be approved with the noise reduction measures required as conditions of project approval. Where necessary, require new development to mitigated excessive noise through best practices, which may include, but are not limited to,including building relocation orientation, building design features, placement of noisegenerating equipment away from sensitive receptors, shielding of noise-generating equipment, placement of noise-tolerant features between noise sources and sensitive receptors, and use of noise-minimizing materials such as rubberized asphalt.
PS-6c To ensure that noise from new development does not adversely affect existing sensitive receptors, the City will rRequire acoustical studies for all new discretionary projects, including those related to development and transportation, which have the potential to generate stationary noise impacts which exceed the criteriastandards identified in Table PS-2 this General Plan. The studies shall include representative existing ambient noise measurements, estimates of existing and projected noise levels, and mitigationnoise reduction measures necessary to ensure compliance with this element.
PS-6d In making a determination of traffic noise impacts under the California Environmental Quality Act (CEQA), a substantial increasesignificant impact will occur if ambient noise levels have a substantial increase and the resultant noise levels are in excess of the City’s critera. Generally, a 3 A-weighted decibel (dBA) increase in noise levels is barely perceptible, and a 5 dB increase in noise levels is clearly perceptible. Therefore, increases in noise levels shall be considered to be substantialsignificant when the following occurs:
When existing noise levels are less than 60 dB, a 5 dB increase in noise will be considered substantial;
When existing noise levels are between 60 dBA and 65 dBA CNEL, a 3 dBA CNEL increase in noise will be considered substantialsignfiicant;
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When existing noise levels exceed 65 dBA CNEL, a 1.5 dBA CNEL increase in noise will be considered substantialsignfiicant.
PS-6e (reserved)Update the City’s Noise Ordinance (Chapter 11.16) to reflect the noise standards established in this General Plan and proactively enforce the City’s Noise Ordinance, including requiring the following measures for construction:
Restrict construction activities to the hours of 7:00 a.m. to 7:00 p.m. on Monday through Friday, and 8:00 a.m. to 6:00 p.m. on Saturdays. No construction shall be permitted outside of these hours or on Sundays or federal holidays, without a specific exemption issued by the City.
A Construction Noise Management Plan shall be submitted by the applicant for construction projects, when determined necessary by the City. The Construction Noise Management Plan shall include proper posting of construction schedules, appointment of a noise disturbance coordinator, and methods for assisting in noise reduction measures. Noise reduction measures may include, but are not limited to, the following:
o Equipment and trucks used for project construction shall utilize the best available noise control techniques (e.g., improved mufflers, equipment redesign, use of intake silencers, ducts, engine enclosures and acoustically attenuating shields or shrouds) wherever feasible.
o Except as provided herein, impact tools (e.g., jack hammers, pavement breakers, and rock drills) used for project construction shall be hydraulically or electrically powered to avoid noise associated with compressed air exhaust from pneumatically powered tools. However, where use of pneumatic tools is unavoidable, an exhaust muffler on the compressed air exhaust shall be used. This muffler can lower noise levels from the exhaust by up to about 10 dBA. External jackets on the tools themselves shall be used, if such jackets are commercially available. this could achieve a reduction of 5 dBA. Quieter procedures shall be used, such as drills rather than impact equipment, whenever such procedures are available and consistent with construction procedures. o Temporary power poles shall be used instead of generators where feasible. o Stationary noise sources shall be located as far from adjacent properties as possible, and they shall be muffled and enclosed within temporary sheds, incorporate insulation barriers, or use other measures as determined by the City of provide equivalent noise reduction.
o The noisiest phases of construction shall be limited to less than 10 days at a time.
Exceptions may be allowed if the City determines an extension is necessary and all available noise reduction controls are implemented.
o Delivery of materials shall observe the hours of operation described above. Truck traffic should avoid residential areas to the extent possible.
Require new development to minimize vibration impacts to adjacent uses during demolition and construction. For sensitive historic structures, a vibration limit of 0.08 in/sec PPV (peak particle velocity) will be used to minimize the potential for cosmetic damage to the building.
A vibration limit of 0.30 in/sec PPV will be used to minimize the potential for cosmetic damage at buildings of normal conventional construction.
PS-6f The City shallshould require new residential projects located adjacent to major freeways, hard rail lines, or light rail lines to follow applicable Caltrans-adopted vibration criteria the FTA vibration Item: 3
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screening distance criteria to ensure that residential uses are not exposed to vibrations exceeding annoyance thresholds72 VdB for frequent events (more than 70 events per day), 75 VdB for occasional events (30-70 events per day), or 80 VdB for infrequent events (less than 30 events per day). When required, this shall be accomplished through a vibration study estimating vibration levels at the habitable buildings of the vibration-sensitive use and providing reduction measures necessary to ensure compliance with applicable criteria.
Table PS-1: Land Use Compatibility for Community Noise Environment5,6 Interior Spaces
Land Use
1 Outdoor
Activity Areas 2, 3
Ldn, dBA Ldn/ CNEL, dBA Leq, dBA 4
Residential 60 45 –
Motels/Hotels 65 45 –
Mixed-Use 65 45 –
Hospitals, Nursing Homes 60 45 –
Theaters, Auditoriums – – 35
ChurchesPlaces of Worship 60 – 40
Office Buildings 65 – 45
Schools, Libraries, Museums 70 – 45
Playgrounds, Neighborhood Parks 70 – -
Industrial 75 – 45
Golf Courses, Water Recreation 70 – –
1. Where a proposed use is not specifically listed, the use shall comply with the criteriastandards for the most similar use as determined by the City.
2. Outdoor activity areas for residential development are considered to be the private exterior living area of single-family homesbackyard patios or decks of single-family units and the common areas where people generally congregate for multi-family and residential components of mixed-use developments. Where common outdoor activity areas for multi-family developments comply with the outdoor noise level standard, the standard will not be applied at private patios or decks of individual units provided noise-reducing measures are incorporated (e.g., orientation of patio/deck, screening of patio with masonry or other noise-attenuating material).
Outdoor activity areas for non-residential developments are the common areas where people generally congregate, including pedestrian plazas, seating areascommunity centers, pool areas, and outside lunch facilities. not all residential developments include outdoor activity areas. New multi-family developments and residential components of mixed-use developments with balconies or patios that are exposed to noise that exceeds the outdoor criteria in this table are required to provide occupancy disclosure notices to all future tenants regarding potential noise impacts.
3. In areas where it is not possible for a new project to reduce exterior noise levels to achieve the outdoor activity area criteriastandard w using a practical application of the best noise-reduction technology, as determined by a qualified acoustician, an increase of up to 5 dBA Ldn over the outdoor standard will be allowed provided that available exterior noise reduction measures have been implemented and interior noise levels are in compliance with this table
4. Determined for a typical operating hour during periods of use.
5. In accordance with Policy PS-6b, this table shall be used for land use compatibility noise criteria when making planning and development decisions. These criteria represent the acceptable noise level for new sensitive receptors. These criteria are not to be retroactively applied for existing uses. These criteria are also not generally intended for use as CEQA significance thresholds for noise generated by new projects to existing receptors; that purpose is achieved by compliance with Municipal Code standards.
6. Abbreviations: dB = decibel; Leq = equivalent noise level; Ldn = Day-Night Average Level Item: 3
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Attachment 1 - April 3, 2025 Planning Commission Staff Report LAKE FOREST 2040 | PS-8
Table PS-2: Performance Standards for Stationary Noise Sources, Including Affected Projects1,2,3,4
7 am to 10 pm 10 pm to 7 am
Hourly Leq, dBA 55 50
1. Each of the noise levels specified above should be lowered by 5 dB for simple noise tones, noises consisting primarily of speech or music, or recurring impulsive noises. Such noises are generally considered to be particularly annoying and are a primary source of noise complaints.
2. No standards have been included for interior noise levels. Standard construction practices should, with the exterior noise levels identified, result in acceptable interior noise levels.
3. Stationary noise sources which are typically of concern include, but are not limited to, the following:
HVAC Systems Cooling Towers/Evaporative Condensers
Pump Stations Lift Stations
Emergency Generators Boilers
Steam Valves Steam Turbines
Generators Fans
Air Compressors Heavy Equipment
Conveyor Systems Transformers
Pile Drivers Grinders
Drill Rigs Gas or Diesel Motors
Welders Cutting Equipment
Outdoor Speakers Blowers
4. The types of uses which may typically produce the noise sources described above include but are not limited to: industrial facilities, pump stations, trucking operations, tire shops, auto maintenance shops, metal fabricating shops, shopping centers, drive-up windows, car washes, loading docks, public works projects, batch plants, bottling and canning plants, recycling centers, electric generating stations, race tracks, landfills, sand and gravel operations, and athletic fields.
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Attachment 1 - April 3, 2025 Planning Commission Staff Report LAKE FOREST 2040 | PS-9
GOAL PS-5 EMERGENCY OPERATIONS
A community that is highly prepared and equipped to handle emergency situations, in order to minimize loss of life, injury, property damage, and disruption of vital services.
PS-5 Policies
PS-5.1 Critical Facilities. Coordinate with service providers to ensure the resilience of critical facilities, lifeline services, and infrastructure, and plan for the use of critical facilities during post-disaster response and recovery.
PS-5.2 Emergency Preparedness Plans. Maintain an updated Emergency Operations Plan specific to Lake Forest.1
PS-5.3 Local Coordination. Coordinate with local key stakeholders (officials, schools, businesses, and organizations) within the community to make them aware of their role in the emergency plan and the necessary requirements in case of emergency.
PS-5.4 Automatic and Mutual Aid. Continue to participate in automatic and mutual aid agreements with adjacent service providers to ensure efficient and adequate resources, facilities, and support services during and after emergencies.
PS-5.5 Communications. Evaluate the potential to utilize a comprehensive emergency communication system that allows for efficient connection in case of emergency.
PS-5.6 Emergency Evacuation Routes and Access. Work with the Orange County Fire Authority and the Orange County Sherriff’s Department to maintain, update, and regularly exercise emergency access, protocols, and evacuation routes to assess their effectiveness.
PS-5.7 Emergency Shelters. Periodically coordinate with emergency shelter providers to ensure that necessary equipment supplies are available in case of emergency.
PS-5.8 Community Training Programs. Continue to support community-based emergency training programs as a valuable asset to the community.
PS-5.9 Public Awareness. Prepare residents for emergency situations by making emergency strategies, including evacuation routes, publicly-known and easily accessible.
PS-5.10 School Safety. Coordinate with local schools related to their programs and practices regarding emergency preparedness.
PS-5 Actions
PS-5a Explore grant funding for the preparation of a Local Hazard Mitigation Plan for the City of Lake Forest.
PS-5b Regularly practice implementation of the City’s Emergency Operations Plan and update it regularly.
PS-5c Regularly review County and State emergency response procedures that must be coordinated with City procedures.
1 The Local Hazard Mitigation Plan (LHMP) for the City of Lake Forest was developed in accordance with the Disaster Mitigation Act of 2000 (DMA 2000) and followed FEMA’s Local Hazard Mitigation Plan guidance. The LHMP incorporates a process where hazards are identified and profiled, the people and facilities at risk are analyzed, and mitigation actions are developed to reduce or eliminate hazard risk. The LHMP is a separate document adopted into the Safety Element of the General Plan by Resolution No. 2024-36, in compliance with AB 2140. It is available electronically at https:lakeforestca.gov/en/LHMP.” Item: 3
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Attachment 1 - April 3, 2025 Planning Commission Staff Report ATTACHMENT 5
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Attachment 1 - April 3, 2025 Planning Commission Staff Report LFMC Chapter 11.16 Redline
Chapter 11.16
NOISE CONTROL
Sections:
11.16.010 Declaration of policy.
11.16.020 Definitions.
11.16.02530 Measurement of noise levels.
11.16.040 Exterior noise standards.
11.16.050 Interior Noise StandardsExemptions.
11.16.060 ExemptionsLoud noises.
11.16.070 Schools, hospitals and churches–Special provisionsMotor vehicle racing.
11.16.080 Motor vehicle racing.Construction
11.16.090 ConstructionVibration.
11.16.100 Variance ProcedureEnforcement.
11.16.110 Noise Variance BoardPermit to temporarily exceed noise limits.
11.16.010 Declaration of policy.
In order to control unnecessary, excessive and annoying sounds, it is hereby declared to be the policy of the City to prohibit such sounds generated from all sources as specified in this chapter.
It is determined that certain sound levels are detrimental to the public health, welfare, and safety, and contrary to public interest. (Ord. 171 § 1, 2007)
11.16.020 Definitions.
The following words, phrases and terms as used in this chapter shall have the meaning as indicated below:
“Ambient nNoise lLevel” shall mean the all-encompassing noise level associated with a given environment, being a composite of sounds from all sources, excluding thean alleged offensive noise, at thea location and approximate time at which a comparison with thean alleged offensive noise is to be made. “A-weighted Decibel (dBA)” means the overall frequency-weighted sound level in Decibels that approximates the frequency response of the human ear as represented by the A-weighted network. The reference pressure is 20 micropascals.
“Chief” shall mean Chief of Police Services.
“Construction” shall mean any demolition or building construction requiring a building pemit, and any excavating or filling of earth material requiring a grading permit, or any combination thereof conducted at a site to prepare said site for construction or other improvements thereon. “Cumulative period” shall mean an additive period of time composed of individual time segments which may be continuous or interrupted. “Decibel (dB)” shall mean a unit which denotes the ratio between two quantities which are proportional to power: the number of decibels corresponding to the ratio of two amounts of power is ten times the logarithm to the base ten of this ratio.
“Director” shall mean the Director of Community Development. “Domestic Power Tool” means a mechanically powered saw, sander, drill, grinder, lawn or garden tool, snow blower, or similar device that is used in residential areas for work that is typically done by or for residential occupants. “Dwelling uUnit” shall have the same meaning as in Section 9.04.030(D). “Emergency mMachinery, vVehicle or wWork” shall mean any machinery, vehicle or work used, employed or performed in an effort to protect, provide or restore safe conditions in the community or for the citizenry, or work by private or public utilities when restoring utility service. “Equivalent Continuous Sound Level (Leq)” means the value of an equivalent, steady sound level which, in a stated period, has the same sound energy as the time-varying sound. Thus, the Leq metric is a single numerical value that represents the equivalent amount of variable sound energy received at a location over the specified duration. "Emergency machinery, vehicle or work" shall mean any machinery, vehicle or work used, employed or performed in an effort to protect, provide or restore safe conditions in the community or for the citizenry, or work by private or public utilities when restoring utility service.
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Attachment 1 - April 3, 2025 Planning Commission Staff Report "Fixed noise source" shall mean a stationary device which creates sounds while fixed or motionless, including but not limited to industrial and commercial machinery and equipment, pumps, fans, compressors, generators, air conditioners and refrigeration equipment.
"Grading" shall mean any excavating or filling of earth material, or any combination thereof, conducted at a site to prepare said site for construction or other improvements thereon. "Impact noise" shall mean the noise produced by the collision of one mass in motion with a second mass which may be either in motion or at rest.
“Impulsive Noise” shall mean noise of short duration, usually less than one second, with an abrupt onset and rapid decay, such as a sudden bang.
“Industrial Property” means a parcel of real property which is developed and used in part or in whole for manufacturing, storage and distribution, research and development, office, or other non-commercial, non-residential uses.
“Maintenance of Real Property” refers to the action of maintaining and the overall upkeep of a real property (i.e., fixed property, otherwise referred to as immovable property). “Maximum Sound Level (dBA Lmax)” means the highest RMS sound level measured during the measurement period.
“Mobile nNoise sSource” shall mean any transportation related noise source other than a fixed noise sourceoperating on public roadways.
“Mixed-Use” shall mean the definition of “Mixed-Use” in Section 9.04.030. “Noise lLevel” shall mean the “A” weighted sSound pPressure lLevel in dDecibels obtained by using a sSound lLevel mMeter at slow response with a reference pressure of 20 micronewtons per square meter. The unit of measurement shall be designated as dBA.
“Noise-Sensitive Land Use” includes uses listed in Table 1 below. “Person” shall mean a person, firm, association, co-partnership, joint venture, corporation, or any entity, public or private in nature.
“Residential pProperty” shall mean a parcel of real property that is developed and used either in part or in whole for residential purposes. This does not include hotels or motels, but it does include other transitory lodgings. “Root-Mean-Square Sound Level (RMS)” means the square root of the average of the square of the sound pressure over the measurement period.
“Simple tTone nNoise” shall mean a noise characterized by a predominant frequency or frequencies such that other frequencies cannot be readily distinguished.
“Sound Amplifying Equipment” means any machine or device used for the amplification of the human voice, music, or any other sound, excluding standard automobile stereos when used and heard only by the occupants of the vehicle and as used in this chapter, warning devices on authorized Emergency Vehicles, or horns or other warning devices on any vehicle used for traffic safety purposes. “Sound lLevel mMeter” shall mean an instrument meeting American National Standard Institute’s Standard S1.4- 1971 for Type 1 or Type 2 sound level meters or an instrument and the associated recording and analyzing equipment which will provide equivalent data.
“Sound pPressure lLevel” of a sound, in dDecibels, shall mean 20 times the logarithm to the base 10 of the ratio of the pressure of the sound to a reference pressure, which reference pressure shall be explicitly stated. (Ord. 335 § 13, 2020, Ord. 297 § 14, 2017; Ord. 171 § 1, 2007)
“Stationary Noise Source” shall mean a stationary device which creates sounds while fixed in place or motionless, including but not limited to industrial and commercial machinery and equipment, pumps, fans, compressors, generators, air conditioners, and refrigeration equipment. Also, includes vehicles on private property. “Vibration-Sensitive Land Use” for annoyance purposes, means residential, hotels, motels, schools, hospitals and medical offices with vibration-sensitive equipment, places of worship, cultural land uses, commercial, office and government uses. Outdoor areas with no buildings and industrial and manufacturing uses are not considered vibration sensitive All structures should be considered for potential damage analysis related to construction activities.
11.16.02530 Measurement of noise levels.
Any nNoise lLevel measurements made pursuant to the provisions of this chapter shall be performed using a sSound lLevel mMeter as defined in Section 11.16.020. While the exterior noise standards in Section 11.16.040 are applied at the property line of the receiving use, tThe location for measuring nNoise lLevels mayshall be at any publicly accessible point on near the affected property line if it can be determined that the measurement point is Item: 3
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Attachment 1 - April 3, 2025 Planning Commission Staff Report acoustically similar to the property line. The measurement shall be made at a point at least four feet from reflective surfaces and at least four feet away from reflective surfaces, and for a duration of at least 15 minutes. The measurement shall be made using the A-weighting network (dBA) with “slow” meter response. Impulsive or impact noises shall be measured using “fast” meter response. The purpose of the measurement is to determine if the alleged noise violation exceeds the standards established in Section 11.16.040. If, for any reason, the alleged offending noise cannot be turned off, shut down, or temporarily eliminated from the area, then the Ambient Noise Level shall be estimated by performing a representative measurement in the same general area of the noise source but at a sufficient distance such that the noise is inaudible.Interior noise measurements shall be made within the affected dwelling unit. The measurement shall be made at a point at least four feet from the wall, ceiling, or floor nearest the alleged offensive noise source and may be made with the windows of the affected unit open. (Ord. 171 § 1, 2007)
11.16.030 Designated noise zone.
The entire territory of the City of Lake Forest is hereby designated as "Noise Zone 1." (Ord. 171 § 1, 2007)
11.16.040 Exterior noise standards.
A. The following exterior noise standards, unless otherwise specifically indicated, shall apply to all residential property within a designated noise zone set limits for noise that land uses are allowed to generate as received by other land uses. These standards may be used during Code enforcement of potential noise violations. For purposes of determining potential project impacts during environmental impact review processes pursuant to the California Environmental Quality Act (“CEQA”), the average hourly level (Leq) standards shall be utilized unless all sources are impact in nature. The standards shall apply to the corresponding land use in Residential and Mixed-Use zones only. It is unlawful for any person to create any noise either within or outside the City due to a Stationary Noise Source (or any Mobile Noise Source not pre-empted by State or Federal laws), or to allow the creation of any noise on property owned, leased, occupied, or otherwise controlled by such person, which causes the Noise Level when measured at the property line of any residential use in a residential or mixed use zone, to exceed the applicable noise standards listed in Table 1 – Exterior Noise Standards:
NOISE STANDARDS
Noise Zone Noise Level Time Period
1 55 dBa 7:00 a.m. – 10:00 p.m.
1 50 dBa 10:00 p.m. – 7:00 a.m.
TABLE 1 – EXTERIOR NOISE STANDARDS
Land Use Noise Level (dBA Leq)
Noise Level (dBA
Lmax) Time Period
60 80 7:00 a.m.–10:00 p.m. Residential in Residential Zones 50 70 10:00 p.m.–7:00 a.m.
Residential Portion of Mixed-Use 65 85 7:00 a.m.–10:00 p.m. in Mixed-Use Zones 50 70 10:00 p.m.–7:00 a.m.
Places of Worship, Hospitals, and
Schools in Residential and MixedUse Zones65 85 All Hours Places of Worship, Hospitals, and
Schools in Commercial and
Industrial Zones
70 90 All Hours
In the event the alleged offensive noise consists entirely of impact noise, simple tone noise, speech, music, or any combination thereof, each of the above noise levels shall be reduced by five dba.
B. It shall be unlawful for any person at any location to create any noise, or to allow the creation of any noise on property owned, leased, occupied, or otherwise controlled by such person, when the foregoing causes the noise level, when measured on any other residential property, to exceed:
1. The noise standard for a cumulative period of more than 30 minutes in any hour; or
2. The noise standard plus five dba for a cumulative period of more than 15 minutes in any hour; or Item: 3
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3. The noise standard plus 10 dba for a cumulative period of more than five minutes in any hour; or
4. The noise standard plus 15 dba for a cumulative period of more than one minute in any hour; or
5. The noise standard plus 20 dba for any period of time.
C. In the event the ambient noise level exceeds any of the first four noise limit categories above, the cumulative period applicable to said category shall be increased to reflect said ambient noise level. in the event the ambient noise level exceeds the fifth (5th) noise limit category, the maximum allowable noise level under said category shall be increased to reflect the maximum ambient noise level. (Ord. 171 § 1, 2007)
B. In the event the alleged offensive noise consists entirely of Impulsive Noise, Simple Tone Noise, amplified speech, music, or any combination thereof, each of the above Noise Levels shall be reduced by five dBA. Such noises are generally considered to be particularly annoying and are a primary source of noise complaints.
C. If the alleged offense affects a property outside the City’s jurisdiction, the exterior noise standards shall be enforced at the City boundary.
D. In the event the measured Ambient Noise Level exceeds any of the noise limit categories above, the noise limit as applied to the contribution of the source(s) in question shall be the Ambient Noise Level.
E. If the noise source and the affected property are within different land use categories, the noise standards of the affected property shall apply.
F. For Mixed-Use residential land uses affected by noise on the same property (e.g., commercial sources affecting the residential portion of the same property), the exterior noise standard shall be applicable at exterior areas provided for private or common usable open space purposes. Private usable open space is defined as usable open space intended for use by occupants of one Dwelling Unit, normally including yards, decks, and balconies. Common usable open space is defined as open space intended for common use by any/all residents of a development, including swimming pools, recreation courts, patios, open landscaped areas, and greenbelts with pedestrian walkways and bicycle trails, but not including off-street parking and loading areas or driveways. If no balcony or private open space is provided for a residential unit, the noise limit shall be applicable at the exterior of accessible openings (doors and windows) to the unit.
11.16.050 Interior noise standards.
A. The following interior noise standards, unless otherwise specifically indicated, shall apply to all residential property within a designated noise zone:
INTERIOR NOISE STANDARDS
Noise Zone Noise Level Time Period
1 55 dBa 7:00 a.m. – 10:00 p.m.
1 45 dBa 10:00 p.m. – 7:00 a.m.
In the event the alleged offensive noise consists entirely of impact noise, simple tone noise, speech, music, or any combination thereof, each of the above noise levels shall be reduced by five dBa.
B. It shall be unlawful for any person at any location to create any noise, or to allow the creation of any noise, on property owned, leased, occupied, or otherwise controlled by such person, when the foregoing causes the noise level, when measured within any other dwelling unit on any residential property, to exceed:
1. The interior noise standard for a cumulative period of more than five minutes in any hour; or
2. The interior noise standard plus five dBa for a cumulative period of more than one minute in any hour; or
3. The interior noise standard plus 10 dBa for any period of time.
C. In the event the ambient noise level exceeds either of the first two noise limit categories above, the cumulative period applicable to said category shall be increased to reflect said ambient noise level. In the event the Item: 3
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Attachment 1 - April 3, 2025 Planning Commission Staff Report ambient noise level exceeds the third (3rd) noise limit category the maximum allowable noise level under said category shall be increased to reflect the maximum ambient noise level. (Ord. 171 § 1, 2007)
11.16.0650 Exemptions.
The following activities shall be exempted from the provisions of this chapter:
A. Activities, such as school bands, school athletics, and school entertainment events, not constituting “special events” (as defined in Section 5.05.020 of the Municipal Code) conducted on the grounds of any public or private nursery, elementary, intermediate, or secondary school or college.
B. “Special events” as defined in Section 5.05.020 provided said events are conducted pursuant to a special event permit issued as described in Chapter 5.05. However, this exemption shall not preclude use of the standards set forth in Section 11.16.040 (“Exterior noise standards”)or Section 11.16.050 (“Interior noise standards”) as a guide for the application, review, or issuance of a special event permits.
C. Any mechanical device, apparatus or equipment used, related to, or connected with eEmergency mMachinery, vVehicles, or wWork.
D. Noise sources associated with cConstruction, repair, remodeling, or grading of any real property, provided that: (1) the City has issued a building permit, grading permit, or similar permit for such activities; (2) said activities do not take place between the hours of 8:00 p.m. and 7:00 a.m. on weekdays, Monday throughincluding Saturday, or at any time on Sunday or a legal City of Lake Forest holiday; and (3) the average Construction Noise Levels do not exceed 80 dBA Leq at the first floor of nearby Noise-Sensitive Residential Uses.
E. All mechanical devices, apparatus or equipment which are utilized for the protection or salvage of agricultural crops during periods of potential or actual frost damage or other adverse weather conditions.
F. Mobile noise sources associated with agricultural operations, provided such operations do not take place between the hours of 8:00 p.m. and 7:00 a.m. on weekdays, including Saturday, or at any time on Sunday or a legal City of Lake Forest holiday.
G. Mobile noise sources associated with agricultural pest control through pesticide application, provided that the application is made in accordance with restricted material permits issued by or regulations enforced by the Agricultural Commissioner.
HE. Noise sources associated with the mMaintenance of rReal pProperty and use of Domestic Power Tools, provided said activities take place between 7:00 a.m. and 8:00 p.m. on any day except Sunday or a legal City of Lake Forest holiday, or between the hours of 9:00 a.m. and 8:00 p.m. on Sunday or a legal City of Lake Forest holiday.
IF. Any activity to the extent regulation thereof has been preempted by State or Federal law.
JG. Noise sources associated with solid waste collection and removal, provided such activities take place between 6:00 a.m. and 6:00 p.m. Monday through Friday where audible in residential areas; or between 7:00 a.m. and 6:00 p.m. on Saturdays where audible in residential areas; or between 5:00 a.m. and 9:00 p.m. any day where such activity is not audible in residential areas; or as otherwise provided in an approved franchise agreement between a waste hauler and the City in accordance with LFMC Section 16.05.000(D). (Ord. 315 § 4, 2019; Ord. 300 § 7, 2017; Ord. 171 § 1, 2007)
11.16.070 Schools, hospitals and churches—Special provisions.
It is unlawful for any person to create any noise which causes the noise level at any school, hospital or church while the same is in use to exceed the noise limits as specified in Section 11.16.040 prescribed for the assigned noise zone in which the school, hospital or church is located, or which noise level unreasonably interferes with the use of such institutions or which unreasonably disturbs or annoys patients in the hospital, provided conspicuous signs are displayed in three separate locations within 1/10 of a mile of the institution indicating the presence of a school, church or hospital.
(Ord. 171 § 1, 2007)
11.16.060 Loud Noises
It is unlawful for any person to:
A. Use, operate, or permit to be operated any sound-amplifying equipment or speaker for producing or reproducing sound that exceeds the noise standards in section 11.16.040.
B. Maintain, manage, or control any business or Residential Property in violation of subsection A of this section.
C. Repair, rebuild, modify, or test any motor vehicle or motorcycle in such a manner as to exceed the noise standards in section 11.16.040.
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Attachment 1 - April 3, 2025 Planning Commission Staff Report D. Sound or permit the sounding of any amplified signal from a bell, chime, siren, whistle, vehicle horn or similar device, intended primarily for non-emergency purposes which exceeds the noise standards in section 11.16.040.
Devices used in conjunction with schools and places of worship shall be exempt from this provision.
E. Operate or cause to be operated any motor vehicle or motorcycle not equipped with a legally compliant muffler or other sound dissipative device in good working order and in constant operation. No person shall remove or render inoperative, or cause to be removed or rendered inoperative, other than for purposes of maintenance, repair, or replacement, any muffler or sound dissipative device on a motor vehicle or motorcycle.
F. Own, maintain, control, or operate any premises or property where noise in violation of 11.16.040 and/or
11.16.060 continues after being informed, anytime within the preceding 30 days by the Chief or Director that a violation of this chapter has been committed on said premises.
G. Violations of this section are hereby declared a nuisance per se.
11.16.0780 Motor vehicle racing.
It is unlawful to conduct motor vehicle racing, testing, timing or similar noise-producing activities at raceways, speedways, off-road vehicle courses, drag strips or other similar places, including, but not limited to, the operation of midget race cars, drag cars, motorcycles, off-road vehicles, and specialty automobiles, between the hours of 11:30 p.m. and 8:00 a.m. (Ord. 171 § 1, 2007)
11.16.080 Construction.
The following regulations set hours, allowed noise levels, and best management practices for construction noise that occurs within the City of Lake Forest. These standards may be used during code enforcement of potential noise violations or used to determine potential project impacts during environmental review processes pursuant to the California Environmental Quality Act (“CEQA”). The following is required for construction:
A. Construction activities, including delivery of material or equipment, shall not take place between the hours of 8:00 p.m. and 7:00 a.m., Monday through Saturday, or at any time on Sunday or a City holiday; and the average Construction Noise Levels shall not exceed 80 dBA Leq(1-hour) at the first floor of nearby Noise-Sensitive Land Uses.
B. If construction noise has the potential to exceed the standards in section 11.16.090.A, as determined by code enforcement of noise violations, analysis of potential construction noise impacts during a review pursuant to the California Environmental Quality Act, or if construction using heavy equipment is proposed within 100 feet of NoiseSensitive Land Uses, a Construction Noise Management Plan shall be prepared by a qualified acoustician and submitted by the applicant. The noise reduction measures shall be determined in the plan and shall be quantified to demonstrate that noise levels will not exceed the standards.
11.16.090 Vibration
A. Operating or permitting the operation of any device that creates vibration that exceeds current published Caltrans vibration criteria at a receiving Vibration-Sensitive Land Use is prohibited.
B. For projects implementing a phase or phases of construction that incorporate equipment as presented in Table 2 below: during the pre-building permit issuance phase and after a specific equipment list has been determined:
1) A qualified structural engineer, as approved by the Director of Community Development, or designee shall identify all structures that are located within the distances established in Table 2 and that have the potential to be affected by ground-borne vibration originating from the construction; and 2) A qualified acoustical engineer shall compile a list of proposed construction equipment and compare to the City’s accepted vibration criteria. If it is determined that the proposed equipment would generate vibration levels below the City’s standard of 0.3 inches per second (in/sec) peak particle velocity (PPV), no further vibration assessment is necessary. However, if vibration levels would potentially exceed the City’s standard of 0.3 in/sec PPV, the Project Applicant shall develop a Vibration Monitoring and Construction Contingency Plan for approval by the Director of Community Development, or designee, to ensure that vibration levels would not exceed the City’s accepted vibration damage criteria of 0.3 in/sec PPV. If a Vibration Monitoring and Construction Contingency Plan is deemed necessary, monitoring of vibration during initial construction activities shall be required. Monitoring results may indicate the need for more or less intensive measurements. The Vibration Monitoring and Construction Contingency Plan, at the discretion of the Director of Community Development or designee, shall include the following items as necessary:
Identification of structures where monitoring would be conducted; A vibration monitoring schedule;
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Attachment 1 - April 3, 2025 Planning Commission Staff Report Defined structure-specific vibration limits;
Photographic, elevation, and crack surveys to document before and after construction conditions; and Identification of construction contingencies for when vibration levels approach the limits.
When vibration levels approach the limits specified in this Chapter, construction shall be suspended and contingencies identified in the approved Vibration Monitoring and Construction Contingency Plan shall be implemented as necessary to lower vibration levels. For some projects, the ability to shield or protect the affected building from potential vibration impacts may be possible as an alternative to changing construction methods.
TABLE 2: VIBRATION ASSESSMENT GUIDELINES
Phase of Construction Distance (ft)
Grading
-Large Equipment
*Example: D9 Dozer, Loaded Dump Truck 15
-Impact Hand tools
*Example: Jackhammer 10
Pile Driving
-Impact Pile Driver 300 or within 5 times the depth of the pile, whichever is less
-Vibratory Pile Driver 150 or within 5 times the depth of the pile, whichever is less
11.16.090100 Enforcement.
A. The Director or Chief and their duly authorized representatives shall enforce the provisions of this chapter.
The Chief and their duly authorized representatives are authorized pursuant to Penal Code Section 836.5 to arrest any person without a warrant when they have reasonable cause to believe that such person has violated a provision of this chapter in their presence. No person shall interfere with, oppose, or resist any authorized person charged with the enforcement of this chapter while such person is engaged in the performance of his duty.The City’s law enforcement personnel, the County Health Officer, and their duly authorized representatives are authorized, pursuant to Penal Code Section 836.5, to arrest any person without a warrant when they have reasonable cause to believe that such person has committed a misdemeanor in their presence.
B. If the Director or Chief and their duly authorized representatives conduct noise monitoring tests or other noise measurement readings for purposes of enforcement, and the Noise Level is found to exceed the limits specified in this chapter, the property owner or responsible party shall be required to pay the City’s cost of the noise monitoring tests or readings. No person shall interfere with, oppose, or resist any authorized person charged with the enforcement of this chapter while such person is engaged in the performance of his duty. (Ord. 171 § 1, 2007)
11.16.100 Variance procedure.
The owner or operator of a noise source which violates any of the provisions of this chapter may file an application with the Health Officer for a variance from the provisions thereof wherein said owner or operator shall set forth all actions taken to comply with said provisions, the reasons why immediate compliance cannot be achieved, a proposed method of achieving compliance, and a proposed time schedule for its accomplishment. Said application shall be accompanied by a fee in the amount of $75. A separate application shall be filed for each noise source; provided, however, that several mobile sources under common ownership, or several fixed sources on a single property may be combined into one application. Upon receipt of said application and fee, the Health Officer shall refer it with his recommendation thereon within 30 days to the Noise Variance Board for action thereon in accordance with the provisions of this chapter.
An applicant for a variance shall remain subject to prosecution under the terms of this chapter until a variance is granted.
(Ord. 171 § 1, 2007)
11.16.110 Noise Variance Board.
The City Council shall, by resolution, appoint the Noise Variance Board, which may be composed of the City Council, Planning Commission, or any other members the City Council may select. The City Council may adopt Item: 3
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Attachment 1 - April 3, 2025 Planning Commission Staff Report reasonable rules and regulations for procedures to be used by the Board in carrying out its functions under the provisions of this chapter, or may allow the Board to establish such rules and regulations.
The Noise Variance Board shall evaluate all applications for variance from the requirements of this chapter and may grant said variances with respect to time for compliance, subject to such terms, conditions and requirements as it may deem reasonable to achieve maximum compliance with the provisions of this chapter. Said terms, conditions, and requirements may include but shall not be limited to limitations on noise levels and operating hours. Each such variance shall set forth in detail the approved method of achieving maximum compliance and a time schedule for its accomplishment. In its determinations said Board shall consider the magnitude of nuisance caused by the offensive noise; the uses of property within the area of impingement by the noise; the time factors related to study, design, financing and construction of remedial work; the economic factors related to age and useful life of equipment; and the general public interest and welfare. Any variance granted by said Board shall be by resolution and shall be transmitted to the Community Development Department and the Health Officer for enforcement. Any violation of the terms of said variance shall be unlawful.
Meetings of the Noise Variance Board shall be held at such times and locations as said Board shall determine. All such meetings shall be open to the public.
Traveling and other expenses incurred by each Board member in the performance of his or her official duties shall be reimbursed at a rate determined by resolution of the City Council. (Ord. 171 § 1, 2007)
11.16.110 Permit to temporarily exceed noise limits
A. Applications. The owner or operator of a noise source may file an application for a permit to temporarily exceed the noise limits in this chapter. The application shall set forth: (1) all facts regarding the request, including a detailed description of the noise source and proposed dates and times the noise limits would be exceeded; (2) the reasons why compliance with the noise limits cannot be achieved and the basis for such a determination; (3) all actions the applicant has taken, intends to take, and any proposed methods to minimize noise during the temporary activity; and (4) any such additional information relevant to the request the Director may require.
B. Permit Fee. The application shall be accompanied by a fee in the current amount established by resolution of the City Council. A separate application shall be filed for each noise source; provided, however, that several Mobile Noise Sources under common ownership or several fixed sources on a single property may be combined into one application.
C. Permit Processing. Within five days of receipt of a complete application, the Director shall forward the application to the City Manager for a determination. An applicant shall remain subject to the terms of this chapter unless and until a permit to temporarily exceed noise limits is granted.
D. City Manager Review, Authority, and Decision. The City Manager shall consider the likely magnitude of nuisance caused by the proposed noise, the uses of property within the area of impingement by the noise, time of day factors related to potential impacts to surrounding property occupants, and any other relevant considerations including, but not limited to, the fact that a noise generator in question commenced operations prior to the existence of a noisesensitive use affected by noise from such facility, and the general public interest and welfare.
The City Manager is authorized to grant a permit to temporarily exceed the noise limits of this chapter for a period not to exceed 30 days if the City Manager finds such temporary waiver:
1. would be in the public interest and there is no feasible and prudent alternative to the activity, or the method of conducting the activity, for which the temporary waiver is sought; and
2. that strict compliance with the requirements of this chapter will cause practical difficulties, unnecessary hardship, or unreasonable expense.
After reviewing the application and all relevant facts and information, the City Manager shall render a decision on the application. Such decision shall be transmitted to the applicant in written form within ten days of the application submittal. The City Manager’s decision shall be final.
E. Permit Requirements. A permit shall be for a limited period and may be subject to any terms, conditions, and requirements as the City Manager deems reasonable to achieve maximum compliance with the provisions of this chapter. Such terms, conditions and requirements may include, but shall not be limited to, limitations on Noise Levels and operating hours, and a requirement to implement noise attenuation measures.
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CITY OF LAKE FOREST
CEQA SIGNIFICANCE THRESHOLDS GUIDE
Published November 20, 2001
Revised ____________July 21, 20250
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TABLE OF CONTENTS
Section Page
1 INTRODUCTION..........................................................................................................1
1.1 CEQA Significance Thresholds............................................................................1
1.2 City of Lake Forest ..............................................................................................2
1.3 Summary of Significance Thresholds ..................................................................2 2 CIRCULATION/TRANSPORTATION...........................................................................7
2.1 Background .........................................................................................................7
2.2 Thresholds of Significance...................................................................................8
2.3 Potential Mitigation ..............................................................................................8
2.4 References ..........................................................................................................9 3 NOISE ........................................................................................................................10
3.1 Background .......................................................................................................10
3.2 Noise Metrics.....................................................................................................10
3.3 Applicable Noise Standards...............................................................................11
3.4 Thresholds of Significance.................................................................................13
3.5 Potential Mitigation ............................................................................................13
3.6 References ........................................................................................................15 4 AIR QUALITY ............................................................................................................16
4.1 Background .......................................................................................................16
4.2 Regulatory and Planning Setting .......................................................................17
4.3 Established SCAQMD Air Pollution Thresholds.................................................20
4.4 Thresholds of Significance.................................................................................22
4.5 SCAQMD Additional Indicators for Air Quality Impacts......................................23
4.6 Potential Mitigation ............................................................................................23
4.7 References ........................................................................................................24 5 LAND USE .................................................................................................................25
5.1 Background .......................................................................................................25
5.2 Land Use Goals, Policies, and Regulations.......................................................25
5.3 Thresholds of Significance.................................................................................26
5.4 Potential Mitigation ............................................................................................26
5.5 References ........................................................................................................27 6 AESTHETICS.............................................................................................................28
6.1 Background .......................................................................................................28
6.2 Aesthetic/Design Guidelines and Standards......................................................28
6.3 Assessment of Visual Changes.........................................................................29
6.4 Thresholds of Significance.................................................................................30 Item: 3
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6.5 Potential Mitigation ............................................................................................30
6.6 References ........................................................................................................32 7 WATER RESOURCES...............................................................................................33
7.1 Background .......................................................................................................33
7.2 Water Quality Regulatory Setting ......................................................................34
7.3 Thresholds of Significance.................................................................................35
7.4 Potential Mitigation ............................................................................................36
7.5 References ........................................................................................................38 8 LIST OF PREPARERS ..............................................................................................39
8.1 City of Lake Forest ............................................................................................39
8.2 Consultant .........................................................................................................39 Item: 3
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SECTION 1
INTRODUCTION
6.7 CEQA SIGNIFICANCE THRESHOLDS
The City of Lake Forest CEQA Significance Thresholds Guide has been prepared as an internal guidance document for City staff. The information presented herein shall be used by staff for the review of projects, and in the preparation of environmental documents pursuant to the California Environmental Quality Act (CEQA). CEQA requires the analysis of discretionary projects to disclose their potential effects on the environment.
As stated in Section 15064(a) of the State CEQA Guidelines, “Determining whether a project may have a significant effect plays a critical role in the CEQA process.” The identification of significance of an impact determines the level of environmental review required and the need for mitigation measures to reduce or eliminate project impacts. The tools used by a lead agency to make significance determinations include, but are not limited to: CEQA’s Mandatory Findings of Significance, Appendix G of the CEQA Guidelines (the model Initial Study checklist), agency (e.g., South Coast Air Quality Management District, Governor's Office of Planning and Research) regulatory standards and guides (e.g., South Coast Air Quality Management District, Governor's Office of Planning and Research), consultation with other agencies, and the lead agency’s specific thresholds of significance. As defined in the CEQA Guidelines (Section 15064.7) “a threshold of significance is an identifiable quantitative, qualitative or performance level of a particular environmental effect, non-compliance with which means the effect will normally be determined to be significant by the agency and compliance with which means the effect normally will be determined to be less than significant.”
Section 15064(b)(1) of the State CEQA Guidelines states: “The determination of whether a project may have a significant effect on the environment calls for careful judgment on the part of the public agency involved, based to the extent possible on scientific and factual data. An ironclad definition of significant effect is not always possible because the significance of an activity may vary with the setting.” The City of Lake Forest CEQA Significance Thresholds Guide is a tool that compiles information that is useful in the preparation of environmental documents. This information can be used to improve the level of consistency, predictability, and objectivity of the City’s environmental documents. The Guide provides assistance in evaluating the significance of project impacts for six key topical issues in the City of Lake Forest: circulation/transportation, noise, air quality, land use, aesthetics, and water resources. For each topical issue, the following information is provided:
background information; discussion of relevant standards, planning guidelines, policies etc.; thresholds of significance; and potential mitigation. It should be noted that the mitigation measures suggested in this document are examples of the types of mitigation that could be applied to a project to reduce identified environmental impacts. The actual mitigation recommended for a project will vary depending on the project itself, the specific impact, and other issues that may arise on a case-by- case basis. It is not intended that each mitigation measure identified in this document be applied to every project or that the mitigation be written exactly as presented herein. Similarly, there may be mitigation required of a project that is not identified in this document.
The City of Lake Forest CEQA Significance Thresholds Guide is a document that provides guidance and does not require mandatory application of all thresholds for every project. The guidance provided in this document does not substitute for the use of independent judgment to determine significance or the evaluation of the evidence in the record, but is intended to provide sufficient flexibility to use the most appropriate criteria (i.e., on a case-by-case basis) for a particular project. (See Mejia v. City of Los Angeles (2005) 130 Cal.App.4th 322; Protect the Historic Amador Waterways v. Amador Water Agency (2004) 116 Cal.App.4th 1099.) CEQA includes additional Item: 3
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topics and requirements that are not addressed in this City of Lake Forest CEQA Significance Thresholds Guide. Section 15064(b)(2) of the State CEQA Guidelines states: “Thresholds of significance, as defined in Section 15064.7(a), may assist lead agencies in determining whether a project may cause a significant impact. When using a threshold, the lead agency should briefly explain how compliance with the threshold means that the project's impacts are less than significant. Compliance with the threshold does not relieve a lead agency of the obligation to consider substantial evidence indicating that the project’s environmental effects may still be significant." The lead agency is responsible for ensuring that all CEQA requirements are met.
6.8 CITY OF LAKE FOREST
The City of Lake Forest is located between the coastal floodplain and the Santa Ana Mountains.
The western portion of the City is near sea level while the northeastern portion of the City becomes progressively higher and steeper, reaching elevations of up to 1,500 feet. The Santa Ana Mountains can be seen from various points within the City (including major roadways) while views of the Saddleback Valley floor and the Pacific Ocean can be seen from the higher elevations. The Recreation and Resources Element of the City of Lake Forest General Plan states that, “Lake Forest’s recreational amenities and natural resources form an important part of its unique character and quality of life. In our community, these resources include the City’s parks and trails, natural open space areas, scenic vistas, and cultural, and biological, resources. It is important to understand, document, and appreciate these resources so that these valuable pieces of the community can be preserved and protected for future generations.” Notable natural features in the City include the foothills of the Santa Ana Mountains and natural water courses. The Whiting Ranch Wilderness Park is a prominent visual feature in the northern portion of the City located generally between the planned communities of Portola Hills and Foothill Ranch. There are five water courses that traverse the City: Aliso Creek, Serrano Creek, Borrego Canyon Wash, and two smaller creeks. While portions of these creeks are channelized for flood control purposes, significant portions of Aliso Creek and Serrano Creek include trails and open space and have a natural/undeveloped character. The City of Lake Forest also has four man-made lakes, three located within residential developments and one in VillageVeterans Park.
The City has developed as a series of primarily residential Planned Communities. Development within each Planned Community is designed to be compatible and form a consistent visual image.
In older areas of the City, particularly near I-5, residential neighborhoods were not developed as part of Planned Communities and have less architectural and visual consistency.
Low-scale (one- to three-story) commercial development is concentrated near I-5 and along the primary arterials of El Toro Road, Lake Forest Drive, Bake Parkway and Portola Parkway. Existing sources of night lighting within the City include commercial districts, parking areas, outdoor sports facilities, and roadways.
6.9 SUMMARY OF SIGNIFICANCE THRESHOLDS
The following provides a summary of the thresholds of significance presented in Sections 2 through 7 of this document.
Circulation/Transportation
A proposed project would normally have a significant impact if it is determined to:
Not meet any of the screening criteria described in Attachment 1 to this CEQA Significance Item: 3
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Threshold Guide – City of Lake Forest Transportation Analysis Guidelines; and Exceed any of the vehicle miles traveled (VMT) thresholds described in Attachment 1 to this CEQA Significance Threshold Guide – City of Lake Forest Transportation Analysis Guidelines; and/or
Conflict with program plan, ordinance or policy addressing the circulation system, including transit, roadway, bicycle, and pedestrian facilities; and/or Includes design features or uses that may cause traffic hazards such as sharp curves, tight turning radii from streets, limited roadway visibility, short merging lanes, uneven road grades, or any other conditions determined by the City traffic engineer to be a hazard; and/or
Results in inadequate emergency access.
NOISE
Traffic Noise
A proposed project would normally have a significant offsite traffic noise impact if one of the following criteria are met:
When existing noise levels are less than 60 dBA CNEL, a 5 dBA CNEL increase in noise will be considered significant;
When existing noise levels are between 60 dBA and 65 dBA CNEL, a 3 dBA CNEL increase in noise will be considered significant;
When existing noise levels exceed 65 dBA CNEL, a 1.5 dBA CNEL increase in noise will be considered significant.
Stationary Noise
The project would normally have a significant stationary noise impact if it would:
• Exceed the stationary source noise criteria for the City of Lake Forest as specified by the exterior noise standards set forth in the Noise Control Chapter (11.16) of the Lake Forest Municipal Code
Construction Noise
The project would normally have a significant construction noise impact if it would:
• Exceed 80 dBA Leq(1-hour) between the hours of 7:00 a.m. and 8:00 p.m., Monday through Saturday.1
1 Construction is prohibited between 8:00 p.m. and 7:00 a.m., Monday through Saturday, or at any time on Sunday or a City holiday.
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Vibration
The project would normally have a significant vibration impact if it would:
Exceed the adopted Caltrans vibration limits.
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SECTION 3
NOISE
6.10 BACKGROUND
Potential noise and vibration impacts are commonly divided into two groups: short-term construction and long- term operational (stationary source and mobile vehicular noise). Shortterm impacts are usually associated with noise and vibration generated by construction activities.
Long-term impacts include effects on surrounding land uses generated by a project once it is operational, and those impacts which occur at a project site. Construction-related and operational noise and vibration impacts are addressed in this section.
Noise has been defined as unwanted sound and it is known to have adverse effects on people.
Based on these effects, criteria have been established to help protect public health and safety and prevent disruption of certain human activities. These criteria are based on such known impacts of noise on people as hearing loss, speech interference, sleep interference, physiological responses, and annoyance.
Most noise metrics use the A-weighted noise level to quantify noise impacts on humans. Aweighting is a frequency weighting that accounts for human sensitivity to different frequencies.
When the A-scale is used, the decibel levels are represented by dBA (A-weighted decibels). The City of Lake Forest’s noise standards are expressed in terms of dBA. On this scale, the range of human hearing extends from about 3 dBA to about 140 dBA. A 10 dBA increase is judged by most people as a doubling of the sound level. Generally, noise increases of less than three dB are not detectable by the human ear.
Everyday sounds normally range from 30 dBA (very quiet) to 100 dBA (very loud). Noise from transportation activities (transportation corridors, major arterials, collector roadways, railroad, etc.) is the primary component of the noise environment in the City of Lake Forest. Noise generated by construction equipment, including trucks, graders, bulldozers, concrete mixers, pile drivers, and portable generators, can reach high levels. Noise levels from construction equipment generally range from 76 to 91 dBA for equipment powered by internal combustion engines, saws, and vibrating equipment, and from the mid-80s to more than 100 dBA for impact equipment.
Excavation and grading activities typically represent the highest potential for noise impacts.
6.11 NOISE METRICS
To account for the fluctuation in noise levels over time, noise impacts are commonly evaluated using time-averaged noise levels. Two of the most commonly used noise scales are the Equivalent Noise Continuous Sound Level (LEQ) and the Community Noise Equivalent Level (CNEL).
LEQ is the sound level corresponding to a steady-state sound level containing the same total energy as a time-varying signal over a given sample period. LEQ is the "energy" average noise level during the time period of the sample. LEQ can be measured for any time period but is typically measured for one hour. It is the energy sum of all the events and background noise levels that occur during that time period.
LMAX means the highest sound level measured during the measurement period.
CNEL is the predominant rating scale used in California for land use compatibility assessment. The CNEL scale represents a time weighted 24-hour average noise level based on the A-weighted decibel. “Time- weighted” means that noise that occurs during certain sensitive time periods is penalized in noise analyses. Noises occurring in the evening time period (7:00 p.m. to 10:00 p.m.) are penalized by 5 dBA and nighttime (10:00 p.m. to 7:00 a.m.) noises are penalized by 10 dBA.
A CNEL noise level may be reported as a "CNEL of 60 dBA," "60 dBA CNEL," or simply "60 Item: 3
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CNEL."
6.12APPLICABLE NOISE STANDARDS
The City of Lake Forest General Plan (Public Safety Element) and the City’s Municipal Code (Chapter 11.16, – Noise Control) establish noise standards for the City.
PUBLIC SAFETY AND NOISE ELEMENT OF THE GENERAL PLAN
Table SN-2PS-1 of the Public Safety and Noise Element summarizes Cityland use compatibility noise standards for various types of land uses (Table 3-1 below). As a result of the Supreme Court decision regarding the assessment of the environment’s impacts on projects (California Building Industry Association (CBIA) v. Bay Area Air Quality Management District (BAAQMD), 62 Cal. 4th 369 (No. S 213478) issued December 17, 2015), it is generally no longer the purview of the CEQA process to evaluate the impact of existing environmental conditions on any given project. As a result, while noise from existing sources is taken into account as part of the baseline, the direct effects of noise from nearby noise sources relative to land use compatibility of a future project is typically no longer a required topic for impact evaluation under CEQA. Generally, no determination of significance is required with the exception of new school projects, projects significantly affected by airport noise, and project’s that would exacerbate existing conditions (i.e., projects that would have a significant operational impact that could expose on-site users to substantial noise). In the cases of these exceptions, the noise and land use compatibility standards from Table 3-1 should be used to evaluate the potential impact of surrounding noise sources on future sensitive project residents, workers, or users. The standards represent the maximum allowable noise level for the identified uses and are used by the City to determine noise impacts associated with implementation of projects. These noise standards are summarized below:
TABLE 3-1
INTERIOR AND EXTERIOR NOISE STANDARDSLAND USE COMPATIBILITY FOR COMMUNITY NOISE ENVIRONMENT5, 6
Interior Spaces
Land Use
1 Outdoor
Activity Areas 2, 3
Ldn, dBA Ldn/ CNEL, dB Leq, dB 4
Residential 60 45 –
Motels/Hotels 65 45 –
Mixed-Use 65 45 –
Hospitals, Nursing Homes 60 45 –
Theaters, Auditoriums – – 35
ChurchesPlaces of Worship 60 – 40
Office Buildings 65 – 45
Schools, Libraries, Museums 70 – 45
Playgrounds, Neighborhood Parks 70 – -
Industrial 75 – 45
Golf Courses, Water Recreation 70 – –
1. Where a proposed use is not specifically listed, the use shall comply with the criteria for the most similar use as determined by the City.
2. Outdoor activity areas for residential development are considered to be the backyard patios or balconies of single-family units and the common areas where people generally congregate for multi-family and residential components of mixed-use developments.
Where common outdoor activity areas for multi-family and residential components of mixed-use developments comply with the outdoor noise level criteria, the criteria will not be applied at private patios or balconies of individual units provided noise-reducing measures are incorporated (e.g., orientation of patio/balcony, screening of patio with masonry or other noise-attenuating material).
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pedestrian plazas, seating areas, and outside lunch facilities. New multi-family developments and residential components of mixeduse developments with balconies or patios that are exposed to noise that exceeds the outdoor criteria in this table are required to provide occupancy disclosure notices to all future tenants regarding potential noise impacts.
3. In areas where it is not possible for a new project to reduce exterior noise levels to achieve the outdoor activity area criteria using a practical application of the best noise-reduction technology, as determined by a qualified acoustician, an increase of up to 5 dBA Ldn over the outdoor standard will be allowed provided that available exterior noise reduction measures have been implemented and interior noise levels are in compliance with this table
4. Determined for a typical worst-case hour during periods of use.
5. In accordance with Policy PS-6b, this table shall be used for land use compatibility noise criteria or when making planning and development decisions. These criteria represent the acceptable noise level for new sensitive receptors. These criteria are not to be retroactively applied for existing uses. These criteria are also not generally intended for use as CEQA significance thresholds for noise generated by new projects to existing receptors; that purpose is achieved by Table PS-2.
6. Abbreviations: dB = decibel; Leq = equivalent noise level; Ldn = Day-Night Average Level
NOISE ORDINANCE
The Noise Control Chapter (11.16) of the Lake Forest Municipal Code (“Noise Ordinance”), is designed to protect people from non-transportation (stationary) noise sources such as music, construction activity, machinery, and pumpsequipment such as air conditioners. The Noise Ordinance sets limits foron the level and the duration of time a stationary noise sourcesmay impact a residential use, depending on the type of land use that is receiving the noise. The louder the level becomes, the shorter the time becomes that it is allowed to occur.Table 3-2 lists the Aweighted noise level and the maximum cumulative period of time that the noise level may occur during a 1-hour period (dBA) limit for these sources. The ordinance applies different criteria during different time periods. The noise criteria are more stringent in late night and early morning hours and reflect a heightened sensitivity to noise during these time periods. For purposes of determining potential project impacts during environmental impact review processes pursuant to the California Environmental Quality Act (“CEQA”), the average hourly level (Leq) standards shall be utilized unless all sources are impact in nature.
TABLE 3-2
CITY OF LAKE FOREST NOISE ORDINANCE EXTERIOR NOISE STANDARDS Land Use Noise Level (Leq, dBA)
Noise Level (Lmax,
dBA) Time Period
60 80 7:00 a.m.–10:00
Residential in p.m.
Residential Zones 50 70 10:00 p.m.–7:00
a.m.
65 85 7:00 a.m.–10:00
p.m. Residential Portion of
Mixed-Use in MixedUse Zones 50 70 10:00 p.m.–7:00
a.m.
Churches, Hospitals,
and Schools in
Residential and
Mixed-Use Zones
65 85 All Hours
Churches, Hospitals,
and Schools in
Commercial and
Industrial Zones
70 90 All Hours
Section 11.16.0560 of the Noise Ordinance identifies specific activities that would be exempt from the provisions of the noise restrictions. Exempted activities include, but are not limited to, construction, repair, remodeling, and grading, provided that: (1) the City has issued a building permit, grading permit, or similar permit for such activities; (2) said activities do not take place Item: 3
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between the hours of 8:00 p.m. and 7:00 a.m. on weekdays, includingMonday through Saturday, or at any time on Sunday or a federallegal City of Lake Forest holiday; and (3) the average construction noise levels do not exceed 80 dBA Leq(1-hour) at nearby “noise-sensitive land uses,” as that term is defined in Section 11.16.020 of the Municipal Code.
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6.13 THRESHOLDS OF SIGNIFICANCE
TRAFFIC NOISE
A proposed project would normally have a significant offsite traffic noise impact if both of the following criteria are met:
Project traffic will cause a noise level increase of 3 dB or more on a roadway segment adjacent to a noise sensitive land use. Noise sensitive land uses include the following: residential (single-family, multi-family, mobile home); hotels; motels; nursing homes; hospitals; parks, playgrounds and recreation areas; and schools. The resulting ”future with project” noise level exceeds the noise standard for sensitive land uses as identified in the City of Lake Forest General Plan (refer to Table 3-1 above, Interior and Exterior Noise Standards).
Generally, a 3 dBA increase in noise levels is barely perceptible, and a 5 dBA increase in noise levels is clearly perceptible. In areas where the existing ambient noise level exceeds 65 dBA CNEL, the noise environment is considered degraded and less of an increase in ambient noise levels is allowed. Therefore, a proposed project would normally have a significant offsite traffic noise impact if one of the following criteria are met:
• When existing noise levels are between 60 dBA and 65 dBA CNEL, a 3 dBA CNEL increase in noise will be considered significant;
• When existing noise levels exceed 65 dBA CNEL, a 1.5 dBA CNEL increase in noise will be considered significant.
STATIONARY NOISE
The Noise Ordinance sets limits on the level and duration of time a stationary noise source (e.g., mechanical equipment) may impact a residentialnoise-sensitive area. Table 3-2 outlines these noise limits. The determination that a project has the potential to exceed the City’s established noise limits is typically based on a noise technical report prepared by a qualified acoustical consultant. The project would normally have a significant stationary noise impact if it would:
• Eexceed the stationary source noise criteria for the City of Lake Forest as specified by the exterior noise standards set forth in the Noise Control Chapter (11.16) of the Lake Forest Municipal Code in Table 3-2.
CONSTRUCTION NOISE
Per Section 11.16.050, a project would normally have a significant construction noise impact if construction noise exceeds 80 dBA Leq at nearby Noise-Sensitive Residential Land Uses, as that term is defined in the Municipal Code, between the hours of 7:00 a.m. and 8:00 p.m., Monday through Saturday, or exceeds Municipal Code standards at nearby Noise-Sensitive Residential Land Uses between 8:00 p.m. and 7:00 a.m., Monday through Saturday, or at any time on Sunday or a legal City of Lake Forest holiday.
VIBRATION
The Noise Control Chapter (11.16) of the Lake Forest Municipal Code states that operating or permitting the operation of any device that creates vibration that is distinctly perceptible to an individual at a receiving vibration-sensitive land use is prohibited. A project would normally have a significant vibration impact if it would exceed applicable criteria from the FTA or Caltrans regarding vibration damage and annoyance limits.
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6.14 POTENTIAL MITIGATION
The mitigation measures listed in this section are examples of the types of mitigation that could be applied to a project to reduce identified noise impacts. The actual mitigation recommended for a project will vary depending on the project itself, the specific impact, and other issues that may arise on a case-by-case basis. It is not intended that each mitigation measure identified in this section be applied to every project or that the mitigation be written exactly as presented herein. Similarly, mitigation may be required of a project that is not identified in this document.
CONSTRUCTION NOISE
Potential mitigation measures for short-term construction-related noise impacts that exceed the significance thresholds may include:Ensure that construction activities do not take place between the hours of 8:00 p.m. and 7:00 a.m. on weekdays, including Saturday, or at any time on Sunday or a federal holiday; Use noise control devices such as equipment mufflers, enclosures, and barriers.
Natural and artificial barriers such as ground elevation changes and existing buildings can shield construction noise. Stage construction operations as far from noise sensitive uses as possible;
Require a haul plan subject to approval by the City;
Avoid residential areas when planning haul truck routes; Maintain all sound-reducing devices and restrictions throughout the construction period;
Replace noise equipment with quieter equipment (for example, a vibratory pile driver instead of a conventional pile driver and rubber-tired equipment rather than track equipment);
Change the timing and/or sequence of the noisiest construction operations to avoid sensitive times of day.
Use of noise control techniques (e.g., absorptive mufflers, use of intake silencers, engine enclosures and acoustically attenuating shields or shrouds) on equipment and trucks used for project construction.
Use of temporary sound barriers/blankets between construction equipment and nearby sensitive receptors. Barriers must be constructed with solid material with a density of at least 1 pound per square foot with no gaps from the ground to the top of the barrier and must be lined on the construction side with acoustical blanket. Use of hydraulically or electrically powered impact tools (e.g., jack hammers, pavement breakers, and rock drills) for project construction to avoid noise associated with compressed air exhaust from pneumatically powered tools. However, where use of pneumatic tools is unavoidable, an exhaust muffler and/or sound attenuation barriers/blankets on the compressed air exhaust may be used. Quieter procedures would include, for example, drills rather than impact equipment. Use of temporary power poles or the electrical grid instead of generators. Locating stationary noise sources as far from adjacent properties as possible, and use of temporary sheds, insulation barriers, or other measures as determined by the Item: 3
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City.
• To the extent consistent with applicable safety regulations, use of trucks with SAE J994 Class "D" or equivalent reverse motion alarms (ambient-adjusting, or “smart alarms” that automatically adjust the alarm to 5 dBA above the ambient near the operating equipment) or switched off back-up alarms with human spotters in compliance with all safety requirements and laws.
• Truck routes that avoid residential areas to the extent possible.
STATIONARY NOISE SOURCES
The following mitigation measures may reduce noise generated from stationary sourcesPotential mitigation measures for long-term stationary noise impacts that exceed the significance thresholds may include:
Redesign the source to radiate less noise (e.g., substitute a quieter equipment type/process or enclose the source with sound absorbent material); Use insulation or construct solid barriers between noise sources and noise receivers; Separate noise sources from noise receivers by distances sufficient to attenuate the noise to acceptable levels;
Locate delivery, truck loading, or trash pickup areas as far from “noise-sensitive land uses” (as that term is defined in Section 11.16.020 of the Municipal Code) as possible; Limit delivery and loading/unloading hours;
Insulate structures;
Limit the hours of use for theof noise generating equipment; Require a follow-up acoustical analysis once preliminary noise reduction considerations are presentedPrepare an acoustical analysis and adopt the resulting insulation and attenuation measures;
Conduct iInspections of the noise generating equipment prior to issuance of theoccupancy permits to verify onsite containment of noise emissions.
MOBILE VEHICULAR SOURCESTRAFFIC NOISE
The following mitigation measures may reduce noise generated from mobile vehicular sourcesPotential mitigation measures for long-term mobile noise impacts that exceed the significance thresholds may include:
Attenuate the soundnoise by using barriers;,
Installation of “quiet pavement” (e.g., rubberized asphalt);, or r Redirect sound transmission paths;.
Reduce vehicle trip generation or reduce speed limits on roadways; Locate delivery, truck loading, or trash pickup areas as far from noise sensitive Item: 3
159
Attachment 1 - April 3, 2025 Planning Commission Staff Report 55136.0410A\41955431.1
land uses as possible.;
• Limit designated hours for deliveries.
VIBRATION
Potential mitigation measures for vibration impacts that exceed the significance thresholds may include:
• Use of equipment that generates lower vibration levels (e.g., static rollers instead of vibratory rollers, smaller earthmoving equipment when within close distances of receptors, alternatives to impact pile driving); • Increase or establish minimum property line setbacks for vibration-generating equipment;
• Require vibration monitoring during applicable phases of construction.
REQUIREMENT FOR SUBSEQUENT NOISE ANALYSIS
Under certain circumstances, specific design features or mitigation to reduce interior and exterior noise levels cannot be determined until later in the design phase of a project. The following requirements for future noise analysis could be applied to a project, acknowledging that recommendations from these studies need to be included in the final project design.
Prepare an acoustical analysis report which describes in detail the exterior noise environment and identifies preliminary mitigation measures. Prepare an acoustical analysis report which describes the acoustical design features of the structures required to satisfy the interior noise standards established by the City.
3.2 REFERENCES
City of Lake Forest 2020 General Plan – Public Safety Element. 2020 (June). Public Safety Element.Prepared by De Novo Planning Group.
City of Lake Forest Master Environmental Assessment. 1994 (April). Prepared by Cotton/Beland/Associates, Inc.
City of Lake Forest Municipal Code,. Chapter 11.16, – Noise Control.
Item: 3
160
Attachment 1 - April 3, 2025 Planning Commission Staff Report PC ATTACHMENT 7
Item: 3
161
Attachment 1 - April 3, 2025 Planning Commission Staff Report DRAFT AMENDMENTS SUMMARY – BY DOCUMENT IN SEQENTIAL ORDER DOCUMENT: General Plan Public Safety Element (“GP-PSE”)
SECTION CHANGE REASON/EXAMPLES
PS-6
Policies
Wordsmithing Simplifies and/or clarifies content.
PS-6
Actions
PS6a
Deletes implementation actions
addressed by the proposed
update.
This update would render deleted implementation
actions obsolete.
PS6bExplains how Table PS-1, Figure
1 and Figure 2 are to be used.
Current GP provides no explanation.
PS6cWordsmithing Simplifies and/or clarifies content.
Technical corrections, remedying
omissions.
Changes: “dB” to “dBA CNEL”; “standards” to
“criteria”, adds reference to “CA-241” in addition
to “I-5”
PS6dAdds “traffic noise”; deletes 5dBA
increase over 60 dBA as
significant.
Studies have shown that normal conversation
typically occurs at approximately 60 dBA noise
level; noise up to 60dBA should not be
considered significant
PS6eDeletes implementation actions
addressed by the proposed
update; Deletes construction
related policies.
This update would render deleted implementation
actions obsolete; Construction noise is better
addressed in draft LFMC and CEQA Threshold
updates.
PS6fChanges: “shall” to “should”, “FTA
standards” to “Caltrans
standards”; deletes vibration
specifications.
Provides greater flexibility when determining
compatibility of new residential; references homebase (CA) standard; Vibration standards added to LFMC and CEQA Thresholds as more
appropriate document.
Table PS-1 Adds/modifies footnotes Clarifies criteria, where/how noise is measured, purpose of table.
Table PS-2 Deletes Table General Plan is inappropriate document for establishing noise limits (as opposed to
compatibility criteria). Noise limits are addressed
in LFMC.
Figures 1
and 2
New “Existing” and year “2040”
noise contours maps, based on
the 2040 General Plan update
Appendix E Noise Background
Report, added.
Maps assist with determining which proposed
projects may be exposed to noise levels that
exceed the standards in Table PS-1 of the GPPSE and Table 3-1 of the Local Thresholds of Significance Guide.
Item: 3
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Attachment 1 - April 3, 2025 Planning Commission Staff Report Goal PS-5 –
Emergency
Operations
Adds a footnote to PS-5.2: “The Local Hazard
Mitigation Plan (LHMP) for the City of Lake Forest was
developed in accordance with the Disaster Mitigation
Act of 2000 (DMA 2000) and followed FEMA’s Local
Hazard Mitigation Plan guidance. The LHMP
incorporates a process where hazards are identified
and profiled, the people and facilities at risk are
analyzed, and mitigation actions are developed to
reduce or eliminate hazard risk. The LHMP is a
separate document adopted into the Safety Element of
the General Plan by Resolution No. 2024-36, in
compliance with AB 2140. It is available electronically at https:lakeforestca.gov/en/LHMP.”
LHMP implementation
items include the adoption
of the LHMP into the Public
Safety Element. Makes
Lake Forest eligible for
potential State funding
under AB 2140,
UDOCUMENT: Lake Forest Municipal Code (“LFMC”) Chapter 11.16 – Noise Control
SECTION CHANGE REASON/EXAMPLES
11.16.020 -
Definitions
Adds, deletes, and modifies
definitions.
Added definitions correspond to new terms
used in the draft update and deleted
definitions correspond to terms not used.
11.16.030 –
Measurement
of Noise Levels
Revises and clarifies how noise
levels are measured for purposes of
determining compliance with noise
limits. Adds: “at the property line of
the receiving use”, measurements
“of at least 15 minutes”, and the use
of “A-weighting network (dBA)”.
Deletes provisions for interior noise
measurements.
Eliminates current ambiguities in
measurement of noise levels, consistent
with contemporary best practices; Interior
noise levels can be assumed from exterior
levels; can be difficult for Code
Enforcement to obtain.
11.16.040 –
Exterior Noise
Standards
Deletes the designation of the entire
City as “Noise Zone 1”.
Single noise zone designation is
problematic because it implies uniform
noise limits in residential, commercial, and
industrial zones; inconsistent with the City
noise standards; inconsistent with
provisions for distinct noise limits for: (a)
residential uses in residential zones and
(b) residential uses in mixed-use zones,
proposed as part of this update
Establishes new exterior noise limits
at residential in residential zones,
residential in mixed-use zones,
places of worship, hospitals, and
schools.
Necessary to provide distinct noise limits
for residential and mixed-use zones;
Increases daytime noise limit in
residential zones by 5 dBA (to
60dBA).
Studies have shown that normal
conversation typically occurs at
approximately 60 dBA; exposure to louder
noise could disrupt normal conversation
and thus be at an impact level.
Item: 3
163
Attachment 1 - April 3, 2025 Planning Commission Staff Report Eliminates complex provisions for
graduated increases in noise
limits based on the duration of
the noise; clarifies limit based on
ambient noise level.
Contemporary best practices.
Adds provision for 5 dBA
reduction in limit for Impulsive
Noise, Simple Tone Noise,
amplified speech/music and any
combination thereof.
Data indicates that these noise sources
are more annoying; amplified
speech/music may be unnecessary and
controlled more easily.
Clarifies that when noise
generated at a non-residential
property affects a residential
property, the noise standard for
the residential property applies.
Clarifies standard
11.116.050 – Interior
Noise Standards
(Deleted)
Eliminates interior noise
standards.
Unnecessary, since: (1) interior noise
levels can be assumed from exterior
noise levels; and (2) an exterior-only
standard facilitates Code enforcement
by eliminating the need to be granted
interior access to homes, thus
minimizing the need to disturb
residents, and allows for enforcement of
anonymous complaints at multi-family
residential property.
11.16.050 –
Exemptions
Make clears that exemption for
construction-related noise applies
to permitted work, not exceeding
80dBA.
Clarifies standard
Deletes obsolete exemptions for
agricultural operations.
Clean up of obsolete standard.
Deletes provisions addressing
waste collection
Redundant with LFMC Chapter 16.05 –
Integrated Waste Management -
Collection
11.16.070 – Schools,
Hospitals, Churches
(Deleted)
Deletes redundant “School,
hospitals and churches – Special
provisions” section
Standards for these uses are included
in the new version of Table 1 – Exterior
Noise Standards
11.16.060 – Loud
Noises (New)
Establishes that certain loud
noises (e.g., from soundamplifying equipment, illegally modified vehicle exhausts)
exceeding the City’s standards
constitute a nuisance.
Supports/facilitates Code enforcement
of noise with greater annoyance
potential.
11.16.080 –
Construction (New)
Establishes new limits) on
construction noise and related
provisions; Retains current hours
for construction (7:00 a.m. to 8:00
p.m.) but establishes new limit
(80 dBA) at nearby noisesensitive uses; Establishes a
In accordance with GP-PSE action PS6e directive; Consistent with best practices; Addresses recent case law; 80
dBA is a moderately high noise level,
close to limit considered by official
organizations like NIOSH (National
Institute for Occupational Safety and
Item: 3
164
Attachment 1 - April 3, 2025 Planning Commission Staff Report requirement for a Construction
Noise Management Plan when
Health) and OSHA (Occupational Safety
and Health
Item: 3
165
Attachment 1 - April 3, 2025 Planning Commission Staff Report construction
has the
potential to
exceed the
80 dBA
standard.
Administration) to
be maximum timeweighted average
limit humans
should be exposed
to for periods
exceeding 8
hours/day.
Examples of
comparable noise
levels include a
garbage disposal or
vacuum cleaner at
15 meters distance.
Necessary to
assess
construction noise
impacts under
CEQA.
11.16.090 – Vibration (New) Establishes a
limit/standard
for vibration,
by reference
to Caltrans
standard;
Includes
provision for
determining
when
vibration
(what
projects)
should be
assessed,
and, when
applicable
based on the
assessment,
a
requirement
for a
Vibration
Monitoring
and
Construction
Contingency
Plan.
In accordance with
GP-PSE action PS6e directive;
Commonly
referenced/adopted
standard; City
currently has no
vibration
standards;
Necessary to
assess vibration
impacts under
CEQA.
Requirement for
plan may serve as
a project feature
that avoids need
for otherwise
unnecessary EIR.
11.16.100 – Enforcement (New) Adds and
clarifies
provisions for
enforcement
of noise
Allow for cost
recovery .
Item: 3
166
Attachment 1 - April 3, 2025 Planning Commission Staff Report regulations,
including
cost recovery
for legal
action to
abate
violations
11.16.100 – Variance Procedure (Deleted) Deletes
Variance
Procedure
section.
Under State law, a
variance has a
specific meaning,
and is subject to
specific findings,
which are
inconsistent with its
intended use in the
current Variance
Procedure section.
Replaced by new
section 11.16.110
– Permit to
Temporarily
Exceed Noise
Limits.
11.16.110 – Noise Variance Board (Deleted)/ Permit To
Temporarily Exceed Noise Limits (New)
Eliminates
“Noise
Variance
Board”
section and
replaces
them with a
“Permit to
Temporarily
Exceed
Noise Limits”
section.
The City has never
established a
Noise Variance
Board, and the
procedures for
establishing,
maintaining, and
convening such a
board are overly
complex and
unnecessary, given
that there has not
been a need for
such a board in the
30 years since City
incorporation. The
proposed Permit to
Temporarily
Exceed Noise
Limits section
renders such
requests subject to
City Manager
review and
approval and
establishes
corresponding
permit application
Item: 3
167
Attachment 1 - April 3, 2025 Planning Commission Staff Report procedures and
review criteria.
DOCUMENT: CEQA Significance Thresholds Guide
SECTION CHANGE REASON/EXAMPLES
1.3 – Summary Of Significance Thresholds
Item: 3
168
Attachment 1 - April 3, 2025 Planning Commission Staff Report Traffic
Noise
Eliminates 5 dBA CNEL increase from
noise levels below 60dBA CNEL as a
criteria defining a significant impact
60dBA is the typical level of
unamplified conversation; noise
up to 60dBA is typically not
considered annoying.
Constructio
n Noise
Establishes new thresholds of significance
for construction noise.
Pursuant to recent case law.
Vibration Establishes new thresholds of significance
for construction vibration based on
Caltrans standards
Supports and strengthens
defensibility of CEQA
determinations.
3.3 – Applicable
Noise Standards
Public
Safety
Element of
The
General
Plan
Adds provisions referencing a Supreme
Court decision, which determined it is
generally no longer the purview of CEQA
to evaluate the impact of existing
environmental conditions on a project
Provides information related to
State legal requirements.
Updates reference to Public Safety
Element Noise section (incorporates the
amended version of Table 3-1 addressing
Land Use Compatibility from the General
Plan).
Consistency with revisions to
Public Safety Element
Incorporates the amended version of
Table 3-1 – Exterior Noise Standards,
from the draft LFMC update and stipulates
that a project would normally have a
significant noise impact if it exceeds the
standards contained therein.
Consistency with revisions to
LFMC
Noise
Ordinance
Incorporates the construction noise
standards (Table 3-2) from the draft LFMC
update as thresholds of significance.
Consistency with revisions to
LFMC
3.4 – Thresholds
Of Significance
Traffic
Noise
Revises threshold to establish that a 3
dBA CNEL increase in noise will be
considered significant when existing noise
levels are between 60 dBA and 65 dBA
CNEL, and a 1.5 dBA CNEL increase in
noise will be considered significant when
existing noise levels exceed 65 dBA
CNEL.
Generally, a 3 dBA increase in
noise levels is barely perceptible,
and a 5 dBA increase in noise
levels is clearly perceptible.
In areas where the existing
ambient noise level exceeds 65
dBA CNEL, the noise
environment is considered
degraded and a lesser increase in
ambient noise levels is
considered significant.
Stationary
Noise
Adds reference to Table 3-2 (which is included in the CEQA Thresholds document) instead of reference to LFMC.
Constructio
n Noise (new)
Restates new construction noise standard
from LFMC.
Consistency with revisions to
LFMC.
Item: 3
169
Attachment 1 - April 3, 2025 Planning Commission Staff Report Vibration (new) Restates new vibration standard from
LFMC.
Consistency with revisions to
LFMC.
3.5 – Potential Mitigation Deletes potential mitigation measures that are not proper mitigation measures
(e.g., cannot be verified or do not
reduce noise or vibration).
Contemporary best practices.
Adds lists of potential mitigation
measures for projects that are likely to
exceed the stated stationary noise,
traffic noise, and vibration (all new)
impact thresholds, respectively.
May facilitate CEQA process,
assist project
applicants/developers.
Requirement For
Subsequent
Noise Analysis
(deleted)
Eliminates provisions for requiring
“subsequent noise analysis” in
conjunction with the
CEQA/environmental impact
assessment process.
Under CEQA, impact analysis
may not be deferred to a postentitlement approval stage.
Item: 3
170
Attachment 1 - April 3, 2025 Planning Commission Staff Report ATTACHMENT 2
RESOLUTION NO. ______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LAKE FOREST, CALIFORNIA AMENDING THE NOISE
SECTION AND EMERGENCY OPERATIONS SECTION OF
THE GENERAL PLAN 2040 PUBLIC SAFETY ELEMENT
AND FINDING SAID ACTION TO BE EXEMPT FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT
WHEREAS, Lake Forest General Plan 2040 Public Safety Element implementation action PS-6a calls for the update of Chapter 11.16 of the Lake Forest Municipal Code to: (1) ensure that the noise standards are consistent with the General Plan; (2) require that new residential, mixed-use with a residential component, and other noise-sensitive development be designed to minimize noise exposure to noise sensitive uses through incorporation of site planning and architectural techniques; and (3) include noise standards for residential uses within a mixed-use development; and WHEREAS, General Plan 2040 Public Safety Element implementation action PS6e calls for the update of Chapter 11.16 of the Lake Forest Municipal Code to require certain measures for construction, including: restricting construction activities to certain hours; requiring a construction management plan; requiring noise reduction measures related to equipment and trucks and impact tools; standards for stationary noise sources and delivery of materials; and minimization of vibration impacts; and WHEREAS, the City Council will, concurrently with proposed amendments to the Noise section of the General Plan 2040 Public Safety Element, consider adopting related updates to Lake Forest Municipal Code Chapter 11.16 and the City of Lake Forest CEQA Significance Thresholds Guide, which modify the City’s noise policies and standards and thereby implement implementation actions PS-6a and PS-6e; and WHEREAS, implementation of General Plan implementation actions PS-6a and PS-6e, by amending Chapter 11.16 of the Lake Forest Municipal Code and the City of Lake Forest CEQA Significance Thresholds Guide, necessitates concurrent amendments to the General Plan 2040 Public Safety Element to maintain consistency between the three documents, and to incorporate further refinements which update, clarify, simplify, address certain omissions and incorporate certain contemporary best practices for regulating noise; and
WHEREAS, the proposed amendments to the General Plan 2040 Public Safety Element provide for consistency with concurrently proposed amendments to Chapter
11.16 of the Lake Forest Municipal Code and the Noise Thresholds of Significance; and WHEREAS, on September 3, 2024, the City Council approved a revised Local Hazard Mitigation Plan (“LHMP”) in coordination with FEMA and the Governor’s Office of Emergency Services (“CalOES”) and, pursuant to AB 2140, the City can opt to incorporate the approved LHMP into the Safety Element of its General Plan. Taking that action allows the City to become eligible for additional state funding after a disaster occurs; and
WHEREAS, the proposed amendment to the Emergency Operations section of the General Plan 2040 Public Safety Element Public is to comply with the optional requirements of AB 2140; and
WHEREAS, on June 2, 2020, the City Council certified the Final Environmental Impact Report (State Clearinghouse No. 2019090102) (“EIR”) for and approved the 2040 Lake Forest General Plan; and
WHEREAS, in connection with its certification of the EIR, the City Council made the necessary CEQA findings, adopted a Mitigation Monitoring and Reporting Program, and adopted a Statement of Overriding Considerations for the 2040 Lake Forest General Plan; and
WHEREAS, on April 3, 2025, the City of Lake Forest Planning Commission conducted a noticed public hearing to consider the draft updated documents, at which the public was provided the opportunity to comment; and
WHEREAS, On April 3, 2025, the City of Lake Forest Planning Commission adopted Planning Commission Resolutions 2025-08, 2025-09, and 2025-10 recommending that the City Council adopt an ordinance and resolutions approving the draft updates to the City’s noise policies and standards; and WHEREAS, the draft amendments to the General Plan Public Safety Element were made available for public review and comment for 30 days prior to the public hearing at which the Planning Commission considered the draft amendments; and WHEREAS, on May 6, 2025, the City Council conducted a duly noticed public hearing to consider the draft updated documents, including the proposed General Plan amendment, at which the public was provided the opportunity to comment.
WHEREAS, Based on the entire record before the City Council and all written and oral evidence presented, the City Council finds the proposed project complies with the California Environmental Quality Act (CEQA) for the reasons set forth in this Resolution.
NOW, THEREFORE, FOLLOWING A PUBLIC HEARING PROCESS, THE CITY
COUNCIL OF THE CITY OF LAKE FOREST, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE, FIND AND ORDER AS FOLLOWS:
SECTION 1. The recitals provided above are true and correct and are hereby incorporated by reference into this Resolution.
SECTION 2. Based on the substantial evidence set forth in the administrative record, including but not limited to the previously certified EIR for the 2040 Lake Forest General Plan EIR (SCH #2019090102), the City Council finds that no further environmental review is necessary based on the following findings of fact:
A. The proposed revisions to the General Plan Public Safety Element are within the scope of the 2040 Lake Forest General Plan EIR (State Clearinghouse No. 2019090102) that was certified by the City on June 2, 2020, and were contemplated as General Plan 2040 Public Safety Element. Specifically, B. None of the conditions in Public Resources Code Section 21166 and/or State CEQA Guidelines Section 15162 are triggered by the proposed amendments to the General Plan 2040 Public Safety Element. Specifically,
1. Substantial changes are not proposed in the project that would require major revisions of the previously certified 2040 Lake Forest General Plan EIR (SCH #2019090102) due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and
2. Substantial changes with respect to the circumstances under which the project is undertaken that would require major revisions to the previously certified 2040 Lake Forest General Plan EIR (SCH #2019090102) due to the involvement of new significant environmental effects or a substantial increase in the severity of the previously identified significant effects have not occurred; and
3. New information of substantial importance that was not known and could not have been known with the exercise of reasonable diligence at the time the 2040 Lake Forest General Plan EIR (SCH
#2019090102) was certified or adopted, as applicable, showing any of the following, has not come to light: (i) that the project would have one or more significant effects not discussed in the earlier environmental documentation; (ii) that significant effects previously examined would be substantially more severe than shown in the earlier environmental documentation; (iii) that mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects, but the project proponents declined to adopt such measures; or (iv) that mitigation measures or alternatives considerably different from those previously analyzed would substantially reduce one or more significant effects on the environment, but which the project proponents declined to adopt.
C. Based on these findings and all evidence in the record, the City Council hereby finds and declares that the proposed revisions to the General Plan Public Safety Element are not subject to further environmental review under CEQA.
SECTION 3. Based upon substantial evidence set forth in the record of proceedings, including but not limited to the April 3, 2025 Planning Commission Staff Report on the proposed amendments to the General Plan Public Safety Element, Chapter
11.16 Lake Forest Municipal Code, and the Noise Thresholds of Significance, the April 3, 2025 Planning Commission Resolutions 2025-08, 2025-09, and 2025-10 recommending adoption of the proposed amendments to the General Plan Public Safety Element, Chapter 11.16 Lake Forest Municipal Code, and the Noise Thresholds of Significance, and the May 6, 2025 City Council Staff Report on the proposed amendments to the General Plan Public Safety Element, Chapter 11.16 Lake Forest Municipal Code, and the Noise Thresholds of Significance, the City Council for the City of Lake Forest hereby repeals and replaces the Noise section of the 2040 General Plan Public Safety Element, in its entirety, with the amended = Noise section of the 2040 General Plan Public Safety Element, as set forth in Exhibit A, attached hereto and incorporated herein by this reference.
SECTION 4. This Resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall attest to and certify the vote adopting this Resolution.
SECTION 5. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Resolution for any reason is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Resolution. The City Council hereby declares that it would have adopted this Resolution, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.
SECTION 6. Custodian of Records. The documents and materials that constitute the record of proceedings on which these findings are based are located at City Hall for the City of Lake Forest, located at 100 Civic Center Drive, Lake Forest, California. The City Clerk is the custodian of the record of proceedings.
SECTION 7. Notice of Determination. Staff is directed to file a Notice of Determination with the County of Orange and the State Clearinghouse within five (5) working days of approval of this Resolution.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Lake Forest, California on __________, 2025, by the following vote, to wit:
________________________________
SCOTT VOIGTS
MAYOR
ATTEST:
______________________________________
THY MERRITT
ACTING CITY CLERK
APPROVED AS TO FORM:
__________________________
MATTHEW E. RICHARDSON
CITY ATTORNEY
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF LAKE FOREST )
I, Thy Merritt, Acting City Clerk of the City of Lake Forest, California, do hereby certify that the foregoing Resolution No. 2025-__ was duly passed and adopted at a regular meeting of the Lake Forest City Council on the _____ day of _________ 2025, by the following vote, to wit:
AYES: COUNCIL MEMBERS
NOES: COUNCIL MEMBERS
ABSTAIN: COUNCIL MEMBERS
ABSENT: COUNCIL MEMBERS
_______________________________
THY MERRITT
ACTING CITY CLERK
EXHIBIT A
(begins on following page)
Introduction to Public Safety
The goal of Lake Forest’s Public Safety Element is to reduce the risk of death, injury, property damage, economic loss, and harm due to natural and manmade disasters. This element will view risks on both a short-term and long-term basis, and will place a special emphasis on local and regional risk factors.
The Public Safety Element closely relates to the Public Facilities Element and supports the City’s Emergency Management Plan. The long-term risks associated with Climate Change are also addressed in here.
Organization of Element
The Public Safety Element will address each of the topics below as they relate to Lake Forest. The goals and policies of this element are organized around the following topics:
• Seismic and Geologic Hazards
• Fire Safety
• Flooding
• Hazardous Waste and Materials
• Emergency Operations
• Noise
• Climate Change and Resiliency Planning
…
Contents:
+ Seismic and
Geologic
Hazards
+ Fire Safety
+ Flooding
+ Hazardous
Waste and
Materials
+ Emergency
Operations
+ Noise
+ Climate Change
and Resiliency
Planning
GOAL PS-6 NOISE
A comfortable community environment that is free from excessive noise pollution.
PS-6 Policies
Land Use Planning. Require development and infrastructure projects to be consistent with the maximum allowable noise exposure criteria identified in
PS-6.1 Table PS-1 to ensure acceptable noise levels for future development.
PS-6.2 Noise-Sensitive Land Uses. Ensure appropriate features are incorporated into the design of noise-sensitive land uses to prevent unacceptable noise exposure.
PS-6.3 Site Design. Require site planning and project design techniques to minimize noise impacts adjacent to sensitive uses in order to comply with City standards.
PS-6.4 Noise Control. Ensure that noise levels do not exceed the limits established in Error! Reference source not found. by incorporating sound-reduction design in new construction and retrofit projects impacted by non-transportation-related noise sources.
PS-6.5 Roadway Noise. Encourage nonmotorized transportation alternatives for local trips and the implementation of noise sensitivity measures in the public realm, including traffic-calming road design, lateral separation, natural buffers, and setbacks to decrease excessive motor vehicle noise.
PS-6.6 Highway Noise. Continue to coordinate with the California Department of Transportation (Caltrans) and the Transportation Corridor Agencies (TCA) to achieve maximum noise abatement in the design of new highway projects or improvements along I-5 and CA-241.
PS-6.7 Vehicles and Trucks. Monitor and enforce speed limits and motor vehicle codes requiring adequate mufflers on all types of vehicles traveling through the City.
PS-6.8 Commercial Noise. Require the use of noise attenuation measures, including screening and buffering techniques, for all new commercial development expected to produce excessive noise; in existing cases where the City’s noise standards are exceeded, work with Code Enforcement to require compliance.
PS-6.9 Interjurisdictional Coordination. Coordinate with neighboring cities to prevent and minimize exceedance of noise standards along the City's boundaries.
PS-6.10 Airplane Noise. Maintain communication with John Wayne Airport and other relevant air transportation agencies to minimize the noise-related impacts of air travel on the City.
PS-6 Actions
PS-6a (reserved)
PS-6b To ensure that noise does not adversely affect new sensitive receptors, the City will use land use compatibility noise criteria for various land use types in Table PS-1 when making planning and development decisions. The criteria in Table PS-1 represent the acceptable noise level for new sensitive receptors.
Existing and future noise contours from transportation noise in the City are provided in Figure 1 and Figure 2. The future noise contours in Figure 2 will be used as a guide for land use and development decisions. If the noise level at a project does not exceed the outdoor activity area allowable noise level in Table PS-1, the project is considered compatible with the noise environment.
If the project will exceed the allowable outdoor activity area and interior space noise levels in Table PS-1, the project proponent shall be required to demonstrate (with an acoustical analysis) that the project is designed to attenuate noise to meet the criteria in Table PS-1, and California Building Standards Code, and California Green Building Standards Code (Title 24) interior noise standards. If the project is not designed to meet the noise criteria, noise reduction measures may be recommended in the analysis. If the analysis demonstrates that the noise criteria can be met with implementation of the noise reduction measures, the project may be approved with the noise reduction measures required as conditions of project approval.
PS-6c To ensure that noise from new development does not adversely affect existing sensitive receptors, the City will require acoustical studies for all new discretionary projects, including those related to development and transportation, which have the potential to generate stationary noise impacts which exceed the criteria identified in the Municipal Code. The studies shall include existing ambient noise measurements, estimates of projected noise levels, and noise reduction measures necessary to ensure compliance with this element.
PS-6d In making a determination of traffic noise impacts under the California Environmental Quality Act (CEQA), a significant impact will occur if ambient noise levels have a substantial increase and the resultant noise levels are in excess of the City’s criteria. Generally, a 3 A-weighted decibel (dBA) increase in noise levels is barely perceptible. Therefore, increases in noise levels shall be considered significant when the following occurs:
• When existing noise levels are between 60 dBA and 65 dBA CNEL, a 3 dBA CNEL increase in noise will be considered significant;
• When existing noise levels exceed 65 dBA CNEL, a 1.5 dBA CNEL increase in noise will be considered significant.
PS-6e (reserved)
PS-6f The City should require new residential projects located adjacent to freeways or rail lines to follow applicable Caltrans-adopted vibration criteria to ensure that residential uses are not exposed to vibrations exceeding annoyance thresholds. When required, this shall be accomplished through a vibration study estimating vibration levels at the habitable buildings of the vibration-sensitive use and providing reduction measures necessary to ensure compliance with applicable criteria.
Table PS-1: Land Use Compatibility for Community Noise Environment 5, 6 Interior Spaces
Land Use
1 Outdoor
Activity Areas 2, 3
Ldn, dBA Ldn, dBA Leq, dBA 4
Residential 60 45 –
Motels/Hotels 65 45 –
Mixed-Use 65 45 –
Hospitals, Nursing Homes 60 45 –
Theaters, Auditoriums – – 35
Places of Worship 60 – 40
Office Buildings 65 – 45
Schools, Libraries, Museums 70 – 45
Playgrounds, Neighborhood Parks 70 – -
Industrial 75 – 45
Golf Courses, Water Recreation 70 – –
1. Where a proposed use is not specifically listed, the use shall comply with the criteria for the most similar use as determined by the City.
2. Outdoor activity areas for residential development are considered to be the private exterior living area of single-family homes and the main common areas where people generally congregate for multi-family and residential components of mixed-use developments.
Outdoor activity areas for non-residential developments are the common areas where people generally congregate, including community centers, pool areas, and outside lunch facilities. New multi-family developments and residential components of mixed-use developments with balconies or patios that are exposed to noise that exceeds the outdoor criteria in this table are required to provide occupancy disclosure notices to all future tenants regarding potential noise impacts.
3. In areas where it is not possible for a new project to reduce exterior noise levels to achieve the outdoor activity area criteria using a practical application of the best noise-reduction technology, as determined by a qualified acoustician, an increase of up to 5 dBA Ldn over the outdoor standard will be allowed provided that available exterior noise reduction measures have been implemented and interior noise levels are in compliance with this table
4. Determined for a typical operating hour during periods of use.
5. In accordance with Policy PS-6b, this table shall be used for land use compatibility noise criteria when making planning and development decisions. These criteria represent the acceptable noise level for new sensitive receptors. These criteria are not to be retroactively applied for existing uses. These criteria are also not generally intended for use as CEQA significance thresholds for noise generated by new projects to existing receptors; that purpose is achieved by compliance with Municipal Code standards.
6. Abbreviations: dB = decibel; Leq = equivalent noise level; Ldn = Day-Night Average Level …
GOAL PS-5 Emergency Operations
A community that is highly prepared and equipped to handle emergency situations, in order to minimize loss of life, injury, property damage, and disruption of vital services.
PS-5 Policies
PS-5.1 Critical Facilities. Coordinate with service providers to ensure the resilience of critical facilities, lifeline services, and infrastructure, and plan for the use of critical facilities during post-disaster response and recovery.
PS-5.2 Emergency Preparedness Plans. Maintain an updated Emergency Operations Plan specific to Lake Forest.1
PS-5.3 Local Coordination. Coordinate with local key stakeholders (officials, schools, businesses, and organizations) within the community to make them aware of their role in the emergency plan and the necessary requirements in case of emergency.
PS-5.4 Automatic and Mutual Aid. Continue to participate in automatic and mutual aid agreements with adjacent service providers to ensure efficient and adequate resources, facilities, and support services during and after emergencies.
PS-5.5 Communications. Evaluate the potential to utilize a comprehensive emergency communication system that allows for efficient connection in case of emergency.
PS-5.6 Emergency Evacuation Routes and Access. Work with the Orange County Fire Authority and the Orange County Sherriff’s Department to maintain, update, and regularly exercise emergency access, protocols, and evacuation routes to assess their effectiveness.
PS-5.7 Emergency Shelters. Periodically coordinate with emergency shelter providers to ensure that necessary equipment supplies are available in case of emergency.
PS-5.8 Community Training Programs. Continue to support community-based emergency training programs as a valuable asset to the community.
PS-5.9 Public Awareness. Prepare residents for emergency situations by making emergency strategies, including evacuation routes, publicly-known and easily accessible.
PS-5.10 School Safety. Coordinate with local schools related to their programs and practices regarding emergency preparedness.
PS-5 Actions
PS-5a Explore grant funding for the preparation of a Local Hazard Mitigation Plan for the City of Lake Forest.
PS-5b Regularly practice implementation of the City’s Emergency Operations Plan and update it regularly.
PS-5c Regularly review County and State emergency response procedures that must be coordinated with City procedures.
1 The Local Hazard Mitigation Plan (LHMP) for the City of Lake Forest was developed in accordance with the Disaster Mitigation Act of 2000 (DMA 2000) and followed FEMA’s Local Hazard Mitigation Plan guidance. The LHMP incorporates a process where hazards are identified and profiled, the people and facilities at risk are analyzed, and mitigation actions are developed to reduce or eliminate hazard risk. The LHMP is a separate document adopted into the Safety Element of the General Plan by Resolution No. 2024-36, in compliance with AB 2140. It is available electronically at https:lakeforestca.gov/en/LHMP.” LFMC Ch. 11.16 – Noise Control Update
ATTACHMENT 3
LFMC Ch. 11.16 – Noise Control Update
ORDINANCE NO. ______
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LAKE FOREST, CALIFORNIA AMENDING CHAPTER 11.16 OF
THE LAKE FOREST MUNICIPAL CODE RELATING TO NOISE
CONTROL AND FINDING SAID ACTION TO BE EXEMPT
FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
WHEREAS, Lake Forest General Plan 2040 Public Safety Element implementation action PS-6a calls for the update of Chapter 11.16 of the Lake Forest Municipal Code to: (1) ensure that the noise standards are consistent with the General Plan; (2) require that new residential, mixed-use with a residential component, and other noise-sensitive development be designed to minimize noise exposure to noise sensitive uses through incorporation of site planning and architectural techniques; and (3) include noise standards for residential uses within a mixed-use development; and
WHEREAS, General Plan 2040 Public Safety Element implementation action PS-6e calls for the update of Chapter 11.16 of the Lake Forest Municipal Code to require certain measures for construction, including: restricting construction activities to certain hours; requiring a construction management plan; requiring noise reduction measures related to equipment and trucks and impact tools; standards for stationary noise sources and delivery of materials; and minimization of vibration impacts; and
WHEREAS, the draft ordinance (“Exhibit A” attached hereto) implements General Plan Public Safety Element implementation actions PS-6a and PS-6e by amending Chapter 11.16 of the Lake Forest Municipal Code accordingly, and includes further refinements which clarify, simplify, address certain omissions and incorporate certain contemporary best practices for regulating noise.
WHEREAS, in addition to the updates to the Lake Forest Municipal Code identified above, the City Council will concurrently consider adopting related updates to the Lake Forest General Plan 2040 Public Safety Element and the City of Lake Forest CEQA Significance Thresholds Guide, which modify the City’s noise policies and standards; and WHEREAS, the proposed amendments to Chapter 11.16 of the Lake Forest Municipal Code, in addition to implementing General Plan implementation actions PS-6a and PS-6e, provide for consistency with the proposed amendments to the General Plan 2040 Public Safety Element and the Noise Thresholds of Significance; and WHEREAS, on June 2, 2020, the City Council certified the Final Environmental Impact Report (State Clearinghouse No. 2019090102) (“EIR”) for and approved the 2040 Lake Forest General Plan; and
WHEREAS, in connection with its certification of the EIR, the City Council made the necessary CEQA findings, adopted a Mitigation Monitoring and Reporting Program, and adopted a Statement of Overriding Considerations for the 2040 Lake Forest General Plan; and
LFMC Ch. 11.16 – Noise Control Update
WHEREAS, On April 3, 2025, the Lake Forest Planning Commission conducted a duly noticed public hearing at which the Planning Commission reviewed proposed amendments to Chapter 11.16 of the Lake Forest Municipal Code and provided an opportunity for public comment; and
WHEREAS, On April 3, 2025, the Lake Forest Planning Commission adopted a Planning Commission Resolution 2025-09 recommending that the City Council adopt an ordinance amending Chapter 11.16 of the Lake Forest Municipal Code; and WHEREAS, the draft amendments to Chapter 11.16 of the Lake Forest Municipal Code were made available for public review and comment for 30 days prior to the public hearing at which the Planning Commission considered the draft ordinance; and WHEREAS, on May 6, 2025, the City Council conducted a duly noticed public hearing to consider the draft updated documents, including the proposed ordinance, at which the public was provided the opportunity to comment; and
WHEREAS, based on the entire record before the City Council and all written and oral evidence presented, the City Council finds the proposed project complies with the California Environmental Quality Act (CEQA) for the reasons set forth in this Resolution.
NOW, THEREFORE, FOLLOWING A PUBLIC HEARING PROCESS, THE CITY COUNCIL OF THE CITY OF LAKE FOREST DOES ORDAIN AS FOLLOWS:
SECTION 1. RECITALS. The City Council hereby finds that the foregoing recitals are true and correct and are incorporated herein as substantive findings of this Ordinance.
S SECTION 2. COMPLIANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT: Based on the substantial evidence set forth in the administrative record, including but not limited to the previously certified EIR for the 2040 Lake Forest General Plan EIR (SCH #2019090102), The City Council finds that no further environmental review be required based on the following findings of fact:
A. The proposed amendments to the Lake Forest Municipal Code are within the scope of the 2040 Lake Forest General Plan EIR (State Clearinghouse No. 2019090102) that was certified by the City on June 2, 2020, and were contemplated as future actions in the EIR.
B. Moreover, none of the conditions in Public Resources Code Section 21166 and/or State CEQA Guidelines Section 15162 are triggered by the proposed amendments to the Lake Forest Municipal Code. Specifically,
1. Substantial changes are not proposed to the project that would require major revisions of the previously certified 2040 Lake Forest General Plan EIR (SCH #2019090102) due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and
2. Substantial changes with respect to the circumstances under which the project is undertaken that would require major revisions to the previously certified 2040 Lake Forest General Plan EIR (SCH #2019090102) due to the involvement of LFMC Ch. 11.16 – Noise Control Update
new significant environmental effects or a substantial increase in the severity of the previously identified significant effects have not occurred; and
3. New information of substantial importance that was not known and could not have been known with the exercise of reasonable diligence at the time the 2040 Lake Forest General Plan EIR (SCH #2019090102) was certified or adopted, as applicable, showing any of the following, has not come to light: (i) that the project would have one or more significant effects not discussed in the earlier environmental documentation; (ii) that significant effects previously examined would be substantially more severe than shown in the earlier environmental documentation; (iii) that mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects, but the project proponents declined to adopt such measures; or (iv) that mitigation measures or alternatives considerably different from those previously analyzed would substantially reduce one or more significant effects on the environment, but which the project proponents declined to adopt.
C. For these reasons, the City Council finds and declares that the proposed revisions to Lake Forest Municipal Code Chapter 11.16 are not subject to further environmental review under CEQA.
SECTION 3. Based upon substantial evidence set forth in the record of proceedings, including but not limited to the April 3, 2025, Planning Commission Staff Report on the proposed amendments to the General Plan Public Safety Element, Chapter 11.16 Lake Forest Municipal Code, and the Noise Thresholds of Significance, the April 3, 2025 Planning Commission Resolutions 2025-08, 2025-09, and 2025-10 recommending adoption of the proposed amendments to the General Plan Public Safety Element, Chapter 11.16 Lake Forest Municipal Code, and the Noise Thresholds of Significance, and the May 6, 2025 City Council Staff Report on the proposed amendments to Chapter 11.16, the General Plan Public Safety Element, and the Noise Thresholds of Significance, the City Council for the City of Lake Forest hereby repeals and replaces Chapter 11.16 of the Lake Forest Municipal Code, in its entirety, with the ordinance as set forth in Exhibit A, attached hereto and incorporated herein by this reference.
SECTION 4. GENERAL PLAN: The City Council hereby finds that the proposed amendment to Chapter 11.16 of the Lake Forest Municipal Code is compatible with the policies and actions specified in the concurrently amended City of Lake Forest General Plan Public Safety Element in that:
A. The City of Lake Forest has officially adopted a General Plan.
B. General Plan Action PS-6a calls for the update if Chapter 11.16 of the Lake Forest Municipal Code to ensure that the noise standards are consistent with this General Plan, including Tables PS-1 and PS-2, and to require new residential, mixed-use with a residential component, and other noise-sensitive development to be designed to minimize noise exposure to noise sensitive uses through incorporation of site planning and architectural techniques. The update shall also include noise standards for residential uses within a mixed-use development, which may differ from other adopted residential noise standards.
LFMC Ch. 11.16 – Noise Control Update
C. General Plan Action PS-6e calls for update of the City’s Noise Ordinance (Chapter
11.16) to reflect the noise standards established in this General Plan.
D. The City Council will consider, concurrently with this amendment to the Lake Forest Municipal Code amendments to the Noise section of General Plan Public Safety Element.
SECTION 5. HEALTH, SAFETY, AND WELFARE. Based on the entire record before the City Council and all written and oral evidence presented to the City Council, the City Council finds that this Municipal Code Amendment promotes the public health, safety, and welfare of the community because it will promote a comfortable community environment that is free from excessive noise pollution.
SECTION 6. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance for any reason is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.
SECTION 6. CUSTODIAN OF RECORDS. The documents and materials that constitute the record of proceedings on which these findings are based are located at City Hall for the City of Lake Forest, located at 100 Civic Center Drive, Lake Forest, California.
The City Clerk is the custodian of the record of proceedings.
SECTION 7. NOTICE OF DETERMINATION. Staff is directed to file a Notice of Determination with the County of Orange and the State Clearinghouse within five (5) working days of approval of this Resolution.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Lake Forest, California, at a regular meeting of the City Council held on __________, 2025 by the following vote, to wit:
_______________________________
SCOTT VOIGTS
MAYOR
ATTEST:
______________________________________
THY MERRITT
ACTING CITY CLERK
LFMC Ch. 11.16 – Noise Control Update
APPROVED AS TO FORM:
______________________________________
MATTHEW RICHARDSON
CITY ATTORNEY
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF LAKE FOREST )
I, Thy Merritt, Acting City Clerk of the City of Lake Forest, California do hereby certify that the foregoing Ordinance No. 2025-__ was duly passed and adopted at a regular meeting of the Lake Forest City Council on the _____ day of ________ 2025, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
________________________
THY MERRITT
ACTING CITY CLERK
LFMC Ch. 11.16 – Noise Control Update
EXHIBIT A
LFMC Ch. 11.16 – Noise Control Update
Chapter 11.16
NOISE CONTROL
Sections:
11.16.010 Declaration of policy.
11.16.020 Definitions.
11.16.030 Measurement of noise levels.
11.16.040 Exterior noise standards.
11.16.050 Exemptions.
11.16.060 Loud noises.
11.16.070 Motor vehicle racing.
11.16.080 Construction.
11.16.090 Vibration.
11.16.100 Enforcement.
11.16.110 Permit to temporarily exceed noise limits.
11.16.010 Declaration of policy.
In order to control unnecessary, excessive and annoying sounds, it is hereby declared to be the policy of the City to prohibit such sounds generated from all sources as specified in this chapter.
It is determined that certain sound levels are detrimental to public health, welfare, and safety, and contrary to public interest.
11.16.020 Definitions.
The following words, phrases and terms as used in this chapter shall have the meaning as indicated below:
“Ambient Noise Level” shall mean the all-encompassing noise level associated with a given environment, being a composite of sounds from all sources, excluding an alleged offensive noise, at a location and approximate time at which a comparison with an alleged offensive noise is to be made. “A-weighted Decibel (dBA)” means the overall frequency-weighted sound level in Decibels that approximates the frequency response of the human ear as represented by the A-weighted network.
The reference pressure is 20 micropascals.
“Chief” shall mean Chief of Police Services.
“Construction” shall mean any demolition or building construction requiring a building permit, and any excavating or filling of earth material requiring a grading permit, or any combination thereof conducted at a site to prepare said site for construction or other improvements thereon. “Decibel (dB)” shall mean a unit which denotes the ratio between two quantities which are proportional to power: the number of decibels corresponding to the ratio of two amounts of power is ten times the logarithm to the base ten of this ratio.
“Director” shall mean the Director of Community Development. “Domestic Power Tool” means a mechanically powered saw, sander, drill, grinder, lawn or garden tool, snow blower, or similar device that is used in residential areas for work that is typically done by or for residential occupants.
“Dwelling Unit” shall have the same meaning as in Section 9.04.030(D). “Emergency Machinery, Vehicle or Work” shall mean any machinery, vehicle or work used, employed or performed in an effort to protect, provide or restore safe conditions in the community or for the citizenry, or work by private or public utilities when restoring utility service. “Equivalent Continuous Sound Level (Leq)” means the value of an equivalent, steady sound level which, in a stated period, has the same sound energy as the time-varying sound. Thus, the Leq metric is a single numerical value that represents the equivalent amount of variable sound energy received at a location over the specified duration.
“Impulsive Noise” shall mean noise of short duration, usually less than one second, with an abrupt onset and rapid decay, such as a sudden bang.
LFMC Ch. 11.16 – Noise Control Update
“Industrial Property” means a parcel of real property which is developed and used in part or in whole for manufacturing, storage and distribution, research and development, office, or other noncommercial, non-residential uses. “Maintenance of Real Property” refers to the action of maintaining and the overall upkeep of a real property (i.e., fixed property, otherwise referred to as immovable property). “Maximum Sound Level (dBA Lmax)” means the highest RMS sound level measured during the measurement period.
“Mobile Noise Source” shall mean any transportation related noise source operating on public roadways.
“Mixed-Use” shall mean the definition of “Mixed-Use” in Section 9.04.030. “Noise Level” shall mean the “A” weighted Sound Pressure Level in Decibels obtained by using a Sound Level Meter at slow response with a reference pressure of 20 micronewtons per square meter.
The unit of measurement shall be designated as dBA.
“Noise-Sensitive Land Use” includes uses listed in Table 1 below. “Person” shall mean a person, firm, association, co-partnership, joint venture, corporation, or any entity, public or private in nature.
“Residential Property” shall mean a parcel of real property that is developed and used either in part or in whole for residential purposes. This does not include hotels or motels but does include other transitory lodgings.
“Root-Mean-Square Sound Level (RMS)” means the square root of the average of the square of the sound pressure over the measurement period.
“Simple Tone Noise” shall mean a noise characterized by a predominant frequency or frequencies such that other frequencies cannot be readily distinguished. “Sound Amplifying Equipment” means any machine or device used for the amplification of the human voice, music, or any other sound, excluding standard automobile stereos when used and heard only by the occupants of the vehicle and as used in this chapter, warning devices on authorized Emergency Vehicles, or horns or other warning devices on any vehicle used for traffic safety purposes. “Sound Level Meter” shall mean an instrument meeting American National Standard Institute’s Standard S1.4-1971 for Type 1 or Type 2 sound level meters or an instrument and the associated recording and analyzing equipment which will provide equivalent data. “Sound Pressure Level” of a sound, in Decibels, shall mean 20 times the logarithm to the base 10 of the ratio of the pressure of the sound to a reference pressure, which reference pressure shall be explicitly stated.
“Stationary Noise Source” shall mean a stationary device which creates sounds while fixed in place or motionless, including but not limited to industrial and commercial machinery and equipment, pumps, fans, compressors, generators, air conditioners, and refrigeration equipment. Also, vehicles on private property.
“Vibration-Sensitive Land Use” means residential, hotels, motels, schools, hospitals and medical offices with vibration-sensitive equipment, places of worship, cultural land uses, commercial, office and government uses. Outdoor areas with no buildings and industrial and manufacturing uses are not considered vibration sensitive. All structures should be considered for potential damage analysis related to construction activities.
11.16.030 Measurement of noise levels.
Any Noise Level measurements made pursuant to the provisions of this chapter shall be performed using a Sound Level Meter as defined in Section 11.16.020. While the exterior noise standards in Section 11.16.040 are applied at the property line of the receiving use, the location for measuring Noise Levels may be at any publicly accessible point near the affected property line if it can LFMC Ch. 11.16 – Noise Control Update
be determined that the measurement point is acoustically similar to the property line. The measurement shall be made at a point at least four feet from reflective surfaces and at least four feet away from reflective surfaces, and for a duration of at least 15 minutes. The measurement shall be made using the A-weighting network (dBA) with “slow” meter response. Impulsive or impact noises shall be measured using “fast” meter response. The purpose of the measurement is to determine if the alleged noise violation exceeds the standards established in Section 11.16.040. If, for any reason, the alleged offending noise cannot be turned off, shut down, or temporarily eliminated from the area, then the Ambient Noise Level shall be estimated by performing a representative measurement in the same general area of the noise source but at a sufficient distance such that the noise is inaudible.
11.16.040 Exterior noise standards.
A. The following exterior noise standards set limits for noise that land uses are allowed to generate as received by other land uses. These standards may be used during Code enforcement of potential noise violations. For purposes of determining potential project impacts during environmental impact review processes pursuant to the California Environmental Quality Act (“CEQA”), the average hourly level (Leq) standards shall be utilized unless all sources are impact in nature. The standards shall apply to the corresponding land use in Residential and Mixed-Use zones only. It is unlawful for any person to create any noise either within or outside the City due to a Stationary Noise Source (or any Mobile Noise Source not pre-empted by State or Federal laws), or to allow the creation of any noise on property owned, leased, occupied, or otherwise controlled by such person, which causes the Noise Level when measured at the property line of any residential use in a residential or mixed use zone, to exceed the applicable noise standards listed in Table 1 – Exterior Noise Standards:
TABLE 1 – EXTERIOR NOISE STANDARDS
Land Use
Noise Level (dBA
Leq)
Noise Level (dBA
Lmax) Time Period
60 80 7:00 a.m.–10:00
Residential in Residential p.m.
Zones 50 70 10:00 p.m.–7:00
a.m.
65 85 7:00 a.m.–10:00
Residential Portion of Mixed- p.m.
Use in Mixed-Use Zones 50 70 10:00 p.m.–7:00
a.m.
Places of Worship, Hospitals,
and Schools in Residential
and Mixed-Use Zones
65 85 All Hours
Places of Worship, Hospitals,
and Schools in Commercial
and Industrial Zones
70 90 All Hours
B. In the event the alleged offensive noise consists entirely of Impulsive Noise, Simple Tone Noise, amplified speech, music, or any combination thereof, each of the above Noise Levels shall be reduced by five dBA. Such noises are generally considered to be particularly annoying and are a primary source of noise complaints.
C. If the alleged offense affects a property outside the City’s jurisdiction, the exterior noise standards shall be enforced at the City boundary.
LFMC Ch. 11.16 – Noise Control Update
D. In the event the measured Ambient Noise Level exceeds any of the noise limit categories above, the noise limit as applied to the contribution of the source(s) in question shall be the Ambient Noise Level.
E. If the noise source and the affected property are within different land use categories, the noise standards of the affected property shall apply.
F. For Mixed-Use residential land uses affected by noise on the same property (e.g., commercial sources affecting the residential portion of the same property), the exterior noise standard shall be applicable at exterior areas provided for private or common usable open space purposes.
Private usable open space is defined as usable open space intended for use by occupants of one Dwelling Unit, normally including yards, decks, and balconies. Common usable open space is defined as open space intended for common use by any/all residents of a development, including swimming pools, recreation courts, patios, open landscaped areas, and greenbelts with pedestrian walkways and bicycle trails, but not including off-street parking and loading areas or driveways. If no balcony or private open space is provided for a residential unit, the noise limit shall be applicable at the exterior of accessible openings (doors and windows) to the unit.
11.16.050 Exemptions.
The following activities shall be exempt from the provisions of this chapter:
A. Activities, such as school bands, school athletics, and school entertainment events, not constituting “special events” (as defined in Section 5.05.020 of the Municipal Code) conducted on the grounds of any public or private nursery, elementary, intermediate, or secondary school or college.
B. “Special events” as defined in Section 5.05.020 provided said events are conducted pursuant to a special event permit issued as described in Chapter 5.05. However, this exemption shall not preclude use of the standards set forth in Section 11.16.040 (“Exterior noise standards”) as a guide for the application, review, or issuance of special event permits.
C. Any mechanical device, apparatus or equipment used, related to, or connected with Emergency Machinery, Vehicles, or Work.
D. Noise sources associated with Construction, repair, remodeling, or grading of any real property, provided that: (1) the City has issued a building permit, grading permit, or similar permit for such activities; (2) said activities do not take place between the hours of 8:00 p.m. and 7:00 a.m., Monday through Saturday, or at any time on Sunday or a legal City of Lake Forest holiday; and (3) the average Construction Noise Levels do not exceed 80 dBA Leq at the first floor of nearby NoiseSensitive Residential Uses.
E. Noise sources associated with the Maintenance of Real Property and use of Domestic Power Tools, provided said activities take place between 7:00 a.m. and 8:00 p.m. on any day except Sunday or a legal City of Lake Forest holiday, or between the hours of 9:00 a.m. and 8:00 p.m. on Sunday or a legal City of Lake Forest holiday.
F. Any activity to the extent regulation thereof has been preempted by State or Federal law.
G. Noise sources associated with solid waste collection and removal, provided such activities take place in accordance with LFMC Section 16.05.000(D).
11.16.060 Loud Noises
It is unlawful for any person to:
A. Use, operate, or permit to be operated any sound-amplifying equipment or speaker for producing or reproducing sound that exceeds the noise standards in section 11.16.040.
B. Maintain, manage, or control any business or Residential Property in violation of subsection A.
LFMC Ch. 11.16 – Noise Control Update
C. Repair, rebuild, modify, or test any motor vehicle or motorcycle in such a manner as to exceed the noise standards in section 11.16.040.
D. Sound or permit the sounding of any amplified signal from a bell, chime, siren, whistle, vehicle horn or similar device, intended primarily for non-emergency purposes which exceeds the noise standards in section 11.16.040. Devices used in conjunction with schools and places of worship shall be exempt from this provision.
E. Operate or cause to be operated any motor vehicle or motorcycle not equipped with a legally compliant muffler or other sound dissipative device in good working order and in constant operation. No person shall remove or render inoperative, or cause to be removed or rendered inoperative, other than for purposes of maintenance, repair, or replacement, any muffler or sound dissipative device on a motor vehicle or motorcycle.
F. Own, maintain, control, or operate any premises or property where noise in violation of
11.16.040 and/or 11.16.060 continues after being informed, anytime within the preceding 30 days by the Police Department or Community Development Department that a violation of this chapter has been committed on said premises.
G. Violations of this section are hereby declared a nuisance per se.
11.16.070 Motor vehicle racing.
It is unlawful to conduct motor vehicle racing, testing, timing or similar noise-producing activities at raceways, speedways, off-road vehicle courses, drag strips or other similar places, including, but not limited to, the operation of midget race cars, drag cars, motorcycles, off-road vehicles, and specialty automobiles, between the hours of 11:30 p.m. and 8:00 a.m.
11.16.080 Construction.
The following regulations set hours, allowed noise levels, and best management practices for construction noise that occurs within the City of Lake Forest. These standards may be used during code enforcement of potential noise violations or used to determine potential project impacts during environmental review processes pursuant to the California Environmental Quality Act (“CEQA”). The following is required for construction:
A. Construction activities, including delivery of material or equipment, shall not take place between the hours of 8:00 p.m. and 7:00 a.m., Monday through Saturday, or at any time on Sunday or a City holiday; and the average Construction Noise Levels shall not exceed 80 dBA Leq(1-hour) at the first floor of nearby Noise-Sensitive Land Uses.
B. If construction noise has the potential to exceed the standards in section 11.16.090.A., as determined by code enforcement of noise violations, analysis of potential construction noise impacts during a review pursuant to the California Environmental Quality Act, or if construction using heavy equipment is proposed within 100 feet of Noise-Sensitive Land Uses, a Construction Noise Management Plan shall be prepared by a qualified acoustician and submitted by the applicant. The noise reduction measures shall be determined in the plan and shall be quantified to demonstrate that noise levels would not exceed the standards.
11.16.090 Vibration
A. Operating or permitting the operation of any device that creates vibration that exceeds current published Caltrans vibration criteria at a receiving Vibration-Sensitive Land Use is prohibited.
B. For projects implementing a phase or phases of construction that incorporate equipment as presented in Table 2 below: during the pre-building permit issuance phase and after a specific equipment list has been determined: 1) A qualified structural engineer, as approved by the Director of Community Development, or designee shall identify all structures that are located LFMC Ch. 11.16 – Noise Control Update
within the distances established in Table 2 and that have the potential to be affected by ground-borne vibration originating from the construction; and 2) A qualified acoustical engineer shall compile a list of proposed construction equipment and compare to the City’s accepted vibration criteria. If it is determined that the proposed equipment would generate vibration levels below the City’s standard of 0.3 inches per second (in/sec) peak particle velocity (PPV), no further vibration assessment is necessary. However, if vibration levels would potentially exceed the City’s standard of 0.3 in/sec PPV, the Project Applicant shall develop a Vibration Monitoring and Construction Contingency Plan for approval by the Director of Community Development, or designee, to ensure that vibration levels would not exceed the City’s accepted vibration damage criteria of 0.3 in/sec PPV. If a Vibration Monitoring and Construction Contingency Plan is deemed necessary, monitoring of vibration during initial construction activities shall be required. Monitoring results may indicate the need for more or less intensive measurements. The Vibration Monitoring and Construction Contingency Plan, at the discretion of the Director of Community Development or designee, shall include the following items as necessary:
• Identification of structures where monitoring would be conducted; • A vibration monitoring schedule;
• Defined structure-specific vibration limits;
• Photographic, elevation, and crack surveys to document before and after construction conditions; and
• Identification of construction contingencies for when vibration levels approach the limits.
When vibration levels approach the limits specified in this Chapter, construction shall be suspended and contingencies identified in the approved Vibration Monitoring and Construction Contingency Plan shall be implemented as necessary to lower vibration levels. For some projects, the ability to shield or protect the affected building from potential vibration impacts may be possible as an alternative to changing construction methods.
TABLE 2: VIBRATION ASSESSMENT GUIDELINES
Phase of Construction Distance (ft)
Grading
-Large Equipment
*Example: D9 Dozer, Loaded Dump Truck 15
-Impact Hand tools
*Example: Jackhammer 10
Pile Driving
-Impact Pile Driver 300 or within 5 times the depth of the pile, whichever is less
-Vibratory Pile Driver 150 or within 5 times the depth of the pile, whichever is less
11.16.100 Enforcement.
A. The Director or Chief and their duly authorized representatives shall enforce the provisions of this chapter. The Chief and their duly authorized representatives are authorized pursuant to Penal Code Section 836.5 to arrest any person without a warrant when they have reasonable cause to believe that such person has violated a provision of this chapter in their presence. No person shall interfere LFMC Ch. 11.16 – Noise Control Update
with, oppose, or resist any authorized person charged with the enforcement of this chapter while such person is engaged in the performance of his duty.
B. If the Director or Chief and their duly authorized representatives conduct noise monitoring tests or other noise measurement readings for purposes of enforcement, and the Noise Level is found to exceed the limits specified in this chapter, the property owner or responsible party shall be required to pay the City’s cost of the noise monitoring tests or readings.
11.16.110 Permit to temporarily exceed noise limits
A. Applications. The owner or operator of a noise source may file an application for a permit to temporarily exceed the noise limits in this chapter. The application shall set forth: (1) all facts regarding the request, including a detailed description of the noise source and proposed dates and times the noise limits would be exceeded; (2) the reasons why compliance with the noise limits cannot be achieved and the basis for such a determination; (3) all actions the applicant has taken, intends to take, and any proposed methods to minimize noise during the temporary activity; and (4) any such additional information relevant to the request the Director may require.
B. Permit Fee. The application shall be accompanied by a fee in the current amount established by resolution of the City Council. A separate application shall be filed for each noise source; provided, however, that several Mobile Noise Sources under common ownership or several fixed sources on a single property may be combined into one application.
C. Permit Processing. Within five days of receipt of a complete application, the Director shall forward the application to the City Manager for a determination. An applicant shall remain subject to the terms of this chapter unless and until a permit to temporarily exceed noise limits is granted.
D. City Manager Review, Authority, and Decision. The City Manager shall consider the likely magnitude of nuisance caused by the proposed noise, the uses of property within the area of impingement by the noise, time of day factors related to potential impacts to surrounding property occupants, and any other relevant considerations including, but not limited to, the fact that a noise generator in question commenced operations prior to the existence of a noise-sensitive use affected by noise from such facility, and the general public interest and welfare.
The City Manager is authorized to grant a permit to temporarily exceed the noise limits of this chapter for a period not to exceed 30 days if the City Manager finds such temporary waiver:
1. would be in the public interest and there is no feasible and prudent alternative to the activity, or the method of conducting the activity, for which the temporary waiver is sought; and
2. that strict compliance with the requirements of this chapter will cause practical difficulties, unnecessary hardship, or unreasonable expense.
After reviewing the application and all relevant facts and information, the City Manager shall render a decision on the application. Such decision shall be transmitted to the applicant in written form within ten days of the application submittal. The City Manager’s decision shall be final.
E. Permit Requirements. A permit shall be for a limited period and may be subject to any terms, conditions, and requirements as the City Manager deems reasonable to achieve maximum compliance with the provisions of this chapter. Such terms, conditions and requirements may include, but shall not be limited to, limitations on Noise Levels and operating hours, and a requirement to implement noise attenuation measures.
ATTACHMENT 4
RESOLUTION NO. ______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE
FOREST, CALIFORNIA AMENDING THE CITY’S LOCAL
THRESHOLDS OF SIGNIFICANCE GUIDE FOR IMPLEMENTING
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) TO
ESTABLISH REVISED NOISE THRESHOLDS, AND FINDING SAID
ACTION TO BE EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT
WHEREAS, Public Resources Code, section 21082 requires all public agencies to adopt objectives, criteria and procedures for (1) the evaluation of public and private projects undertaken or approved by such public agencies, and (2) the preparation, if required, of environmental impact reports and negative declarations in connection with that evaluation; and
WHEREAS, State CEQA Guidelines, section 15064.7(a) defines a threshold of significance as “an identifiable quantitative, qualitative or performance level of a particular environmental effect, noncompliance with means the effect will normally be determined to be significant by the agency and compliance with means the effect normally will be determined to be less than significant”; and WHEREAS, State CEQA Guidelines, section 15064.7(b) requires that thresholds of significance must be adopted by ordinance, resolution, rule, or regulations, developed through a public review process, and supported by substantial evidence; and
WHEREAS, the Lake Forest City Council adopted the City of Lake Forest CEQA Significance Thresholds Guide in 2001, which has since been amended and which serves as an internal guidance document for City staff be used for the review of projects, and in the preparation of environmental documents pursuant to the California Environmental Quality Act (CEQA); and
WHEREAS, the City of Lake Forest CEQA Significance Thresholds Guide contains thresholds of significance that are based on and reference standards in Chapter 11.16 of the Lake Forest Municipal Code; and
WHEREAS, in conjunction with the 2020 adoption of the Lake Forest General Plan 2040 Public Safety Element, the City Council adopted implementation action PS-6a, which calls for the update of Chapter 11.16 of the Lake Forest Municipal Code to: (1) ensure that the noise standards are consistent with the General Plan; (2) require new residential, mixed-use with a residential component, and other noise-sensitive development to be designed to minimize noise exposure to noise sensitive uses through incorporation of site planning and architectural techniques; and (3) include noise standards for residential uses within a mixed-use development; and
WHEREAS, in conjunction with the adoption of the Lake Forest General Plan 2040 Public Safety Element, the City Council adopted implementation action PS-6e, which calls for the update of Chapter 11.16 of the Lake Forest Municipal Code to require certain measures for construction, including: restricting construction activities to certain hours; requiring a construction management plan; requiring noise reduction measures related to equipment and trucks and impact tools; standards for stationary noise sources and delivery of materials; and minimization of vibration impacts; and
WHEREAS, the updates to the Lake Forest Municipal Code identified above, along with related updates to the Lake Forest General Plan 2040 Public Safety Element, adopted concurrently with this update of the CEQA Significance Thresholds Guide, change the City’s criteria for determining the significance of development-related noise impacts of projects; and
WHEREAS, the City of Lake Forest, following a public hearing process, wishes to adopt revised Noise Thresholds of Significance that are consistent with concurrently adopted revised criteria in the General Plan 2040 Public Safety Element and Chapter 11.16 of the Lake Forest Municipal Code, which would apply to projects in the City of Lake Forest that are subject to CEQA; and WHEREAS, to achieve this, the City must revise its local CEQA Significance Thresholds Guide to integrate the revised noise thresholds.
WHEREAS, on June 2, 2020, the City Council certified the Final Environmental Impact Report (State Clearinghouse No. 2019090102) (“EIR”) for and approved the 2040 Lake Forest General Plan; and
WHEREAS, in connection with its certification of the EIR, the City Council made the necessary CEQA findings, adopted a Mitigation Monitoring and Reporting Program, and adopted a Statement of Overriding Considerations for the 2040 Lake Forest General Plan; and
WHEREAS, On April 3, 2025, the Lake Forest Planning Commission conducted a duly noticed public hearing at which the Planning Commission reviewed proposed amendments to the City’s Local Thresholds of Significance Guide for Implementing The California Environmental Quality Act (CEQA) and provided an opportunity for public comment; and
WHERAS, On April 3, 2025, the Lake Forest Planning Commission adopted a Planning Commission Resolution 2025-10 recommending that the City Council adopt a resolution amending the City’s Local Thresholds of Significance Guide for Implementing The California Environmental Quality Act (CEQA); and WHEREAS, on May 6, 2025, the City Council conducted a duly noticed public hearing to consider the draft updated documents, including the proposed amendments to the City’s Local Thresholds of Significance Guide for Implementing The California Environmental Quality Act (CEQA), at which the public was provided the opportunity to comment.
WHEREAS, based on the entire record before the City Council and all written and oral evidence presented, the City Council finds the proposed project complies with the California Environmental Quality Act (CEQA) for the reasons set forth in this Resolution.
NOW, THEREFORE, the City Council of the City of Lake Forest hereby resolves as follows:
SECTION 1. The recitals are each incorporated by reference and adopted as findings by the City Council.
SECTION 2. Based on the substantial evidence set forth in the administrative record, including but not limited to the previously certified EIR for the 2040 Lake Forest General Plan EIR (SCH #2019090102), the City Council finds that no further environmental review is necessary based on the following findings of fact:
A. The proposed revised noise thresholds of significance are within the scope of the 2040 Lake Forest General Plan EIR (State Clearinghouse No. 2019090102) that was certified by the City on June 2, 2020, and were contemplated as future actions in the EIR.
B. Moreover, none of the conditions in Public Resources Code Section 21166 and/or State CEQA Guidelines Section 15162 are triggered by the proposed revised noise thresholds of significance. Specifically, a. Substantial changes are not proposed in the project that would require major revisions of the previously certified 2040 Lake Forest General Plan EIR (SCH #2019090102) due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and b. Substantial changes with respect to the circumstances under which the project is undertaken that would require major revisions to the previously certified 2040 Lake Forest General Plan EIR (SCH #2019090102) due to the involvement of new significant
environmental effects or a substantial increase in the severity of the previously identified significant effects have not occurred; and c. New information of substantial importance that was not known and could not have been known with the exercise of reasonable diligence at the time the 2040 Lake Forest General Plan EIR (SCH
#2019090102) was certified or adopted, as applicable, showing any of the following, has not come to light: (i) that the project would have one or more significant effects not discussed in the earlier environmental documentation; (ii) that significant effects previously examined would be substantially more severe than shown in the earlier environmental documentation; (iii) that mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects, but the project proponents declined to adopt such measures; or (iv) that mitigation measures or alternatives considerably different from those previously analyzed would substantially reduce one or more significant effects on the environment, but which the project proponents declined to adopt.
C. For these reasons, the revised noise standards are not subject to further environmental review under CEQA.
SECTION 3. Based upon substantial evidence set forth in the record of proceedings, including but not limited to the April 3, 2025, Planning Commission Staff Report on the revised noise thresholds of significance, the April 3, 2025 Planning Commission Resolutions 2025-10 recommending adoption of the proposed amendments to the noise thresholds of significance, and the May 6, 2025 City Council Staff Report on the proposed amendments to the General Plan Public Safety Element, Chapter 11.16 Lake Forest Municipal Code, and the Noise Thresholds of Significance, the City Council for the City of Lake Forest hereby adopts the revised noise thresholds set forth in Exhibit A, City of Lake Forest CEQA Significance Thresholds Guide, attached hereto and incorporated herein by this reference.
SECTION 4. This Resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall attest to and certify the vote adopting this Resolution.
SECTION 5. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Resolution for any reason is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Resolution. The City Council hereby declares that it would have adopted this Resolution, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.
SECTION 6. Custodian of Records. The documents and materials that constitute the record of proceedings on which these findings are based are located at City Hall for the City of Lake Forest, located at 100 Civic Center Drive, Lake Forest, California. The City Clerk is the custodian of the record of proceedings.
SECTION 7. Notice of Determination. Staff is directed to file a Notice of Determination with the County of Orange within five (5) working days of approval of this Resolution.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Lake Forest, California on __________, 2025 by the following vote, to wit:
________________________________
SCOTT VOIGTS
MAYOR
ATTEST:
______________________________________
THY MERRITT
ACTING CITY CLERK
APPROVED AS TO FORM:
__________________________
MATTHEW E. RICHARDSON
CITY ATTORNEY
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF LAKE FOREST )
I, Thy Merritt, Acting City Clerk of the City of Lake Forest, California, do hereby certify that the foregoing Resolution No. 2025-__ was duly passed and adopted at a regular meeting of the Lake Forest City Council on the ____ day of _______ 2025, by the following vote, to wit:
AYES: COUNCIL MEMBERS
NOES: COUNCIL MEMBERS
ABSTAIN: COUNCIL MEMBERS
ABSENT: COUNCIL MEMBERS
_______________________________
THY MERRITT
ACTING CITY CLERK
EXHIBIT A
(begins on following page)
APPENDIX 1
CITY OF LAKE FOREST
CEQA SIGNIFICANCE THRESHOLDS GUIDE
Published November 20, 2001
Revised _____________, 2025
55136.0410A\41955431.1
TABLE OF CONTENTS
Section Page
1 INTRODUCTION..........................................................................................................1
1.1 CEQA Significance Thresholds............................................................................1
1.2 City of Lake Forest ..............................................................................................2
1.3 Summary of Significance Thresholds ..................................................................2 2 CIRCULATION/TRANSPORTATION...........................................................................7
2.1 Background .........................................................................................................7
2.2 Thresholds of Significance...................................................................................8
2.3 Potential Mitigation ..............................................................................................8
2.4 References ..........................................................................................................9 3 NOISE ........................................................................................................................10
3.1 Background .......................................................................................................10
3.2 Noise Metrics.....................................................................................................10
3.3 Applicable Noise Standards...............................................................................11
3.4 Thresholds of Significance.................................................................................13
3.5 Potential Mitigation ............................................................................................13
3.6 References ........................................................................................................15 4 AIR QUALITY ............................................................................................................16
4.1 Background .......................................................................................................16
4.2 Regulatory and Planning Setting .......................................................................17
4.3 Established SCAQMD Air Pollution Thresholds.................................................20
4.4 Thresholds of Significance.................................................................................22
4.5 SCAQMD Additional Indicators for Air Quality Impacts......................................23
4.6 Potential Mitigation ............................................................................................23
4.7 References ........................................................................................................24 5 LAND USE .................................................................................................................25
5.1 Background .......................................................................................................25
5.2 Land Use Goals, Policies, and Regulations.......................................................25
5.3 Thresholds of Significance.................................................................................26
5.4 Potential Mitigation ............................................................................................26
5.5 References ........................................................................................................27 6 AESTHETICS.............................................................................................................28
6.1 Background .......................................................................................................28
6.2 Aesthetic/Design Guidelines and Standards......................................................28
6.3 Assessment of Visual Changes.........................................................................29
6.4 Thresholds of Significance.................................................................................30
55136.0410A\41955431.1
6.5 Potential Mitigation ............................................................................................30
6.6 References ........................................................................................................32 7 WATER RESOURCES...............................................................................................33
7.1 Background .......................................................................................................33
7.2 Water Quality Regulatory Setting ......................................................................34
7.3 Thresholds of Significance.................................................................................35
7.4 Potential Mitigation ............................................................................................36
7.5 References ........................................................................................................38 8 LIST OF PREPARERS ..............................................................................................39
8.1 City of Lake Forest ............................................................................................39
8.2 Consultant .........................................................................................................39 City of Lake Forest
CEQA Significance Thresholds Guide
3 Circulation/Transportation
SECTION 1 INTRODUCTION
1.1 CEQA SIGNIFICANCE THRESHOLDS
The City of Lake Forest CEQA Significance Thresholds Guide has been prepared as an internal guidance document for City staff. The information presented herein shall be used by staff for the review of projects, and in the preparation of environmental documents pursuant to the California Environmental Quality Act (CEQA). CEQA requires the analysis of discretionary projects to disclose their potential effects on the environment.
As stated in Section 15064(a) of the State CEQA Guidelines, “Determining whether a project may have a significant effect plays a critical role in the CEQA process.” The identification of significance of an impact determines the level of environmental review required and the need for mitigation measures to reduce or eliminate project impacts. The tools used by a lead agency to make significance determinations include but are not limited to: CEQA’s Mandatory Findings of Significance, Appendix G of the CEQA Guidelines (the model Initial Study checklist), agency (e.g., South Coast Air Quality Management District, Governor's Office of Planning and Research) regulatory standards and guides, consultation with other agencies, and the lead agency’s specific thresholds of significance. As defined in the CEQA Guidelines (Section 15064.7) “a threshold of significance is an identifiable quantitative, qualitative or performance level of a particular environmental effect, non-compliance with which means the effect will normally be determined to be significant by the agency and compliance with which means the effect normally will be determined to be less than significant.”
Section 15064(b)(1) of the State CEQA Guidelines states: “The determination of whether a project may have a significant effect on the environment calls for careful judgment on the part of the public agency involved, based to the extent possible on scientific and factual data. An ironclad definition of significant effect is not always possible because the significance of an activity may vary with the setting.” The City of Lake Forest CEQA Significance Thresholds Guide is a tool that compiles information that is useful in the preparation of environmental documents. This information can be used to improve the level of consistency, predictability, and objectivity of the City’s environmental documents. The Guide provides assistance in evaluating the significance of project impacts for six key topical issues in the City of Lake Forest: circulation/transportation, noise, air quality, land use, aesthetics, and water resources. For each topical issue, the following information is provided:
background information; discussion of relevant standards, planning guidelines, policies etc.; thresholds of significance; and potential mitigation. It should be noted that the mitigation measures suggested in this document are examples of the types of mitigation that could be applied to a project to reduce identified environmental impacts. The actual mitigation recommended for a project will vary depending on the project itself, the specific impact, and other issues that may arise on a case-by- case basis. It is not intended that each mitigation measure identified in this document be applied to every project or that the mitigation be written exactly as presented herein. Similarly, there may be mitigation required of a project that is not identified in this document.
The City of Lake Forest CEQA Significance Thresholds Guide provides guidance and does not require mandatory application of all thresholds for every project. The guidance provided in this document does not substitute for the use of independent judgment to determine significance or the evaluation of the evidence in the record but is intended to provide sufficient flexibility to use the most appropriate criteria (i.e., on a case-by-case basis) for a particular project. (See Mejia v. City of City of Lake Forest
CEQA Significance Thresholds Guide
4 Circulation/Transportation
Los Angeles (2005) 130 Cal.App.4th 322; Protect the Historic Amador Waterways v. Amador Water Agency (2004) 116 Cal.App.4th 1099.) CEQA includes additional topics and requirements that are not addressed in this City of Lake Forest CEQA Significance Thresholds Guide. Section 15064(b)(2) of the State CEQA Guidelines states: “Thresholds of significance, as defined in Section 15064.7(a), may assist lead agencies in determining whether a project may cause a significant impact. When using a threshold, the lead agency should briefly explain how compliance with the threshold means that the project's impacts are less than significant. Compliance with the threshold does not relieve a lead agency of the obligation to consider substantial evidence indicating that the project’s environmental effects may still be significant." The lead agency is responsible for ensuring that all CEQA requirements are met.
1.2 CITY OF LAKE FOREST
The City of Lake Forest is located between the coastal floodplain and the Santa Ana Mountains.
The western portion of the City is near sea level while the northeastern portion of the City becomes progressively higher and steeper, reaching elevations of up to 1,500 feet. The Santa Ana Mountains can be seen from various points within the City (including major roadways) while the Saddleback Valley floor and the Pacific Ocean can be seen from the higher elevations. The Recreation and Resources Element of the City of Lake Forest General Plan states that, “Lake Forest’s recreational amenities and natural resources form an important part of its unique character and quality of life. In our community, these resources include the City’s parks and trails, natural open space areas, scenic vistas, and cultural, and biological, resources. It is important to understand, document, and appreciate these resources so that these valuable pieces of the community can be preserved and protected for future generations.” Notable natural features in the City include the foothills of the Santa Ana Mountains and natural water courses. The Whiting Ranch Wilderness Park is a prominent visual feature in the northern portion of the City located generally between the planned communities of Portola Hills and Foothill Ranch. There are five water courses that traverse the City: Aliso Creek, Serrano Creek, Borrego Canyon Wash, and two smaller creeks. While portions of these creeks are channelized for flood control purposes, significant portions of Aliso Creek and Serrano Creek include trails and open space and have a natural/undeveloped character. The City of Lake Forest also has four man-made lakes, three located within residential developments and one in Veterans Park.
The City developed as a series of primarily residential Planned Communities. Development within each Planned Community is designed to be compatible and form a consistent visual image. In older areas of the City, particularly near I-5, residential neighborhoods were not developed as part of Planned Communities and have less architectural and visual consistency.
Low-scale (one- to three-story) commercial development is concentrated near I-5 and along the primary arterials of El Toro Road, Lake Forest Drive, Bake Parkway and Portola Parkway. Existing sources of night lighting within the City include commercial districts, parking areas, outdoor sports facilities, and roadways.
1.3 SUMMARY OF SIGNIFICANCE THRESHOLDS
The following provides a summary of the thresholds of significance presented in Sections 2 through 7 of this document.
City of Lake Forest
CEQA Significance Thresholds Guide
5 Circulation/Transportation
Circulation/Transportation
A proposed project would normally have a significant impact if it is determined to:
• Not meet any of the screening criteria described in Attachment 1 to this CEQA SignificanceThreshold Guide – City of Lake Forest Transportation Analysis Guidelines; and • Exceed any of the vehicle miles traveled (VMT) thresholds described in Attachment 1 to this CEQA Significance Threshold Guide – City of Lake Forest Transportation Analysis Guidelines; and/or
• Conflict with program plan, ordinance or policy addressing the circulation system, including transit, roadway, bicycle, and pedestrian facilities; and/or • Includes design features or uses that may cause traffic hazards such as sharp curves, tight turning radii from streets, limited roadway visibility, short merging lanes, uneven road grades, or any other conditions determined by the City traffic engineer to be a hazard; and/or • Results in inadequate emergency access.
NOISE
Traffic Noise
A proposed project would normally have a significant offsite traffic noise impact if one of the following criteria are met:
• When existing noise levels are between 60 dBA and 65 dBA CNEL, a 3 dBA CNEL increase in noise will be considered significant;
• When existing noise levels exceed 65 dBA CNEL, a 1.5 dBA CNEL increase in noise will be considered significant.
Stationary Noise
The project would normally have a significant stationary noise impact if it would:
• Exceed the stationary source noise criteria for the City of Lake Forest as specified by the exterior noise standards set forth in the Noise Control Chapter (11.16) of the Lake Forest Municipal Code.
Construction Noise
The project would normally have a significant construction noise impact if it would:
• Exceed 80 dBA Leq(1-hour) between the hours of 7:00 a.m. and 8:00 p.m., Monday through Saturday.1
Vibration
The project would normally have a significant vibration impact if it would:
1 Construction is prohibited between 8:00 p.m. and 7:00 a.m., Monday through Saturday, or at any time on Sunday or a City holiday.
City of Lake Forest
CEQA Significance Thresholds Guide
6 Circulation/Transportation
• Exceed the applicable standards from the Federal Transit Administration (FTA) or Caltrans vibration limits.
City of Lake Forest
CEQA Significance Thresholds Guide
Noise
SECTION 3 – NOISE
3.1 BACKGROUND
Potential noise and vibration impacts are commonly divided into two groups: short-term construction and long- term operational (stationary source and mobile vehicular noise). Shortterm impacts are usually associated with noise and vibration generated by construction activities.
Long-term impacts include effects on surrounding land uses generated by a project once it is operational, and those impacts which occur at a project site. Construction-related and operational noise and vibration impacts are addressed in this section.
Noise has been defined as unwanted sound, and it is known to have adverse effects on people.
Based on these effects, criteria have been established to help protect public health and safety and prevent disruption of certain human activities. These criteria are based on such known impacts of noise on people as hearing loss, speech interference, sleep interference, physiological responses, and annoyance.
Most noise metrics use the A-weighted noise level to quantify noise impacts on humans. Aweighting is a frequency weighting that accounts for human sensitivity to different frequencies.
When the A-scale is used, the decibel levels are represented by dBA (A-weighted decibels). The City of Lake Forest’s noise standards are expressed in terms of dBA. On this scale, the range of human hearing extends from about 3 dBA to about 140 dBA. A 10 dBA increase is judged by most people as a doubling of the sound level. Generally, noise increases of less than three dB are not detectable by the human ear.
Everyday sounds normally range from 30 dBA (very quiet) to 100 dBA (very loud). Noise from transportation activities (transportation corridors, major arterials, collector roadways, railroad, etc.) is the primary component of the noise environment in the City of Lake Forest. Noise generated by construction equipment, including trucks, graders, bulldozers, concrete mixers, pile drivers, and portable generators, can reach high levels. Noise levels from construction equipment generally range from 76 to 91 dBA for equipment powered by internal combustion engines, saws, and vibrating equipment, and from the mid-80s to more than 100 dBA for impact equipment.
Excavation and grading activities typically represent the highest potential for noise impacts.
3.2 NOISE METRICS
To account for the fluctuation in noise levels over time, noise impacts are commonly evaluated using time-averaged noise levels. Two of the most used noise scales are the Equivalent Continuous Sound Level (LEQ) and the Community Noise Equivalent Level (CNEL).
LEQ is the sound level corresponding to a steady-state sound level containing the same total energy as a time-varying signal over a given sample period. LEQ is the "energy" average noise level during the time period of the sample. LEQ can be measured for any time period but is typically measured for one hour. It is the energy sum of all the events and background noise levels that occur during that time period.
LMAX means the highest sound level measured during the measurement period.
CNEL is the predominant rating scale used in California for land use compatibility assessment. The CNEL scale represents a time weighted 24-hour average noise level based on the A-weighted City of Lake Forest
CEQA Significance Thresholds Guide
Noise
decibel. “Time-weighted” means that noise that occurs during certain sensitive time periods is penalized in noise analyses. Noises occurring in the evening (7:00 p.m. to 10:00 p.m.) are penalized by 5 dBA and nighttime (10:00 p.m. to 7:00 a.m.) noises are penalized by 10 dBA. A CNEL noise level may be reported as a "CNEL of 60 dBA," "60 dBA CNEL," or simply "60 CNEL."
3.3 APPLICABLE NOISE STANDARDS
The City of Lake Forest General Plan (Public Safety Element) and the Municipal Code (Chapter
11.16 – Noise Control) establish noise standards for the City.
PUBLIC SAFETY ELEMENT OF THE GENERAL PLAN
Table PS-1 of the Public Safety Element summarizes land use compatibility noise standards for various types of land uses (Table 3-1 below). As a result of the Supreme Court decision regarding the assessment of the environment’s impacts on projects (California Building Industry Association (CBIA) v. Bay Area Air Quality Management District (BAAQMD), 62 Cal. 4th 369 (No. S 213478) issued December 17, 2015), it is generally no longer the purview of the CEQA process to evaluate the impact of existing environmental conditions on any given project. As a result, while noise from existing sources is taken into account as part of the baseline, the direct effects of noise from nearby noise sources relative to land use compatibility of a future project is typically no longer a required topic for impact evaluation under CEQA. Generally, no determination of significance is required with the exception of new school projects, projects significantly affected by airport noise, and project’s that would exacerbate existing conditions (i.e., projects that would have a significant operational impact that could expose on-site users to substantial noise). In the cases of these exceptions, the noise and land use compatibility standards from Table 3-1 should be used to evaluate the potential impact of surrounding noise sources on future sensitive project residents, workers, or users.
TABLE 3-1
LAND USE COMPATIBILITY FOR COMMUNITY NOISE ENVIRONMENT5, 6 Interior Spaces
Land Use
1 Outdoor
Activity Areas 2, 3
Ldn, dBA Ldn, dBA Leq, dBA 4
Residential 60 45 –
Motels/Hotels 65 45 –
Mixed-Use 65 45 –
Hospitals, Nursing Homes 60 45 –
Theaters, Auditoriums – – 35
Churches 60 – 40
Office Buildings 65 – 45
Schools, Libraries, Museums 70 – 45
Playgrounds, Neighborhood Parks 70 – -
Industrial 75 – 45
Golf Courses, Water Recreation 70 – –
1. Where a proposed use is not specifically listed, the use shall comply with the criteria for the most similar use as determined by the City.
City of Lake Forest
CEQA Significance Thresholds Guide
Noise
2. Outdoor activity areas for residential development are considered to be the private exterior living area of single-family homes and the main common areas where people generally congregate for multi-family and residential components of mixed-use developments.
Outdoor activity areas for non-residential developments are the common areas where people generally congregate, including community centers, pool areas, and outside lunch facilities. New multi-family developments and residential components of mixed-use developments with balconies or patios that are exposed to noise that exceeds the outdoor criteria in this table are required to provide occupancy disclosure notices to all future tenants regarding potential noise impacts.
3. In areas where it is not possible for a new project to reduce exterior noise levels to achieve the outdoor activity area criteria using a practical application of the best noise-reduction technology, as determined by a qualified acoustician, an increase of up to 5 dBA Ldn over the outdoor standard will be allowed provided that available exterior noise reduction measures have been implemented and interior noise levels are in compliance with this table
4. Determined for a typical operating hour during periods of use.
5. In accordance with Policy PS-6b, this table shall be used for land use compatibility noise criteria when making planning and development decisions. These criteria represent the acceptable noise level for new sensitive receptors. These criteria are not to be retroactively applied for existing uses. These criteria are also not generally intended for use as CEQA significance thresholds for noise generated by new projects to existing receptors; that purpose is achieved by compliance with Municipal Code standards.
6. Abbreviations: dB = decibel; Leq = equivalent noise level; Ldn = Day-Night Average Level NOISE ORDINANCE The Noise Control Chapter (11.16) of the Lake Forest Municipal Code (“Noise Ordinance”), is designed to protect people from non-transportation (stationary) noise sources such as music, construction activity, machinery, and equipment such as air conditioners. The Noise Ordinance sets limits for stationary noise sources, depending on the type of land use that is receiving the noise.
Table 3-2 lists the A-weighted noise level (dBA) limit for these sources. The ordinance applies different criteria during different time periods. The noise criteria are more stringent in late night and early morning hours and reflect a heightened sensitivity to noise during these time periods.
For purposes of determining potential project impacts during environmental impact review processes pursuant to the California Environmental Quality Act (“CEQA”), the average hourly level (Leq) standards shall be utilized unless all sources are impact in nature.
TABLE 3-2
CITY OF LAKE FOREST NOISE ORDINANCE EXTERIOR NOISE STANDARDS Land Use Noise Level (Leq,
dBA)
Noise Level
(Lmax, dBA) Time Period
60 80 7:00 a.m.–10:00
Residential in p.m.
Residential Zones 50 70 10:00 p.m.–7:00
a.m.
65 85 7:00 a.m.–10:00
p.m. Residential Portion of
Mixed-Use in MixedUse Zones 50 70 10:00 p.m.–7:00
a.m.
Churches, Hospitals,
and Schools in
Residential and MixedUse Zones
65 85 All Hours
Churches, Hospitals,
and Schools in
Commercial and
Industrial Zones
70 90 All Hours
Section 11.16.050 of the Noise Ordinance identifies specific activities that would be exempt from the provisions of the noise restrictions. Exempted activities include, but are not limited to, construction, repair, remodeling, and grading, provided that: (1) the City has issued a building City of Lake Forest
CEQA Significance Thresholds Guide
Noise
permit, grading permit, or similar permit for such activities; (2) said activities do not take place between the hours of 8:00 p.m. and 7:00 a.m. Monday through Saturday, or at any time on Sunday or a legal City of Lake Forest holiday; and (3) the average construction noise levels do not exceed 80 dBA Leq(1-hour) at nearby “noise-sensitive land uses,” as that term is defined in Section
11.16.020 of the Municipal Code.
3.4 THRESHOLDS OF SIGNIFICANCE
TRAFFIC NOISE
Generally, a 3 dBA increase in noise levels is barely perceptible, and a 5 dBA increase in noise levels is clearly perceptible. In areas where the existing ambient noise level exceeds 65 dBA CNEL, the noise environment is considered degraded and less of an increase in ambient noise levels is allowed. Therefore, a proposed project would normally have a significant offsite traffic noise impact if one of the following criteria are met:
• When existing noise levels are between 60 dBA and 65 dBA CNEL, a 3 dBA CNEL increase in noise will be considered significant;
• When existing noise levels exceed 65 dBA CNEL, a 1.5 dBA CNEL increase in noise will be considered significant.
STATIONARY NOISE
The Noise Ordinance sets limits on the level and duration of time a stationary noise source (e.g., mechanical equipment) may impact a noise-sensitive area. Table 3-2 outlines these noise limits.
The determination that a project has the potential to exceed the City’s established noise limits is typically based on a noise technical report prepared by a qualified acoustical consultant. The project would normally have a significant stationary noise impact if it would exceed the stationary source noise criteria for the City of Lake Forest as specified in Table 3-2.
CONSTRUCTION NOISE
Per Section 11.16.050, a project would normally have a significant construction noise impact if construction noise exceeds 80 dBA Leq at nearby Noise-Sensitive Residential Land Uses, as that term is defined in the Municipal Code, between the hours of 7:00 a.m. and 8:00 p.m., Monday through Saturday, or exceeds Municipal Code standards at nearby Noise-Sensitive Residential Land Uses between 8:00 p.m. and 7:00 a.m., Monday through Saturday, or at any time on Sunday or a legal City of Lake Forest holiday.
VIBRATION
The Noise Control Chapter (11.16) of the Lake Forest Municipal Code states that operating or permitting the operation of any device that creates vibration that is distinctly perceptible to an individual at a receiving vibration-sensitive land use is prohibited. A project would normally have a significant vibration impact if it would exceed applicable criteria from the FTA or Caltrans regarding vibration damage and annoyance limits.
3.5 POTENTIAL MITIGATION
The mitigation measures listed in this section are examples of the types of mitigation that could be applied to a project to reduce identified noise impacts. The actual mitigation recommended for a project will vary depending on the project itself, the specific impact, and other issues that may arise on a case-by-case basis. It is not intended that each mitigation measure identified in this section be applied to every project or that the mitigation be written exactly as presented herein.
Similarly, mitigation may be required that is not identified in this document.
CONSTRUCTION NOISE
Potential mitigation measures for short-term construction-related noise impacts that exceed the significance thresholds may include:
• Use of noise control techniques (e.g., absorptive mufflers, use of intake silencers, engine enclosures and acoustically attenuating shields or shrouds) on equipment and trucks used for project construction.
• Use of temporary sound barriers/blankets between construction equipment and nearby sensitive receptors. Barriers must be constructed with solid material with a density of at least 1 pound per square foot with no gaps from the ground to the top of the barrier and must be lined on the construction side with acoustical blanket. • Use of hydraulically or electrically powered impact tools (e.g., jack hammers, pavement breakers, and rock drills) for project construction to avoid noise associated with compressed air exhaust from pneumatically powered tools. However, where use of pneumatic tools is unavoidable, an exhaust muffler and/or sound attenuation barriers/blankets on the compressed air exhaust may be used. Quieter procedures would include, for example, drills rather than impact equipment.
• Use of temporary power poles or the electrical grid instead of generators. • Locating stationary noise sources as far from adjacent properties as possible, and use of temporary sheds, insulation barriers, or other measures as determined by the City. • To the extent consistent with applicable safety regulations, use of trucks with SAE J994 Class "D" or equivalent reverse motion alarms (ambient-adjusting, or “smart alarms” that automatically adjust the alarm to 5 dBA above the ambient near the operating equipment) or switched off back-up alarms with human spotters in compliance with all safety requirements and laws. • Truck routes that avoid residential areas to the extent possible.
STATIONARY NOISE SOURCES
Potential mitigation measures for long-term stationary noise impacts that exceed the significance thresholds may include:
• Redesign the source to radiate less noise (e.g., substitute a quieter equipment type/process or enclose the source with sound absorbent material);
• Use insulation or construct solid barriers between noise sources and noise receivers; • Separate noise sources from noise receivers by distances sufficient to attenuate the noise to acceptable levels;
• Locate delivery, truck loading, or trash pickup areas as far from “noise-sensitive land uses” (as that term is defined in Section 11.16.020 of the Municipal Code) as possible; • Limit delivery and loading/unloading hours;
• Insulate structures;
• Limit the hours of use of noise-generating equipment; • Require a follow-up acoustical analysis once preliminary noise reduction considerations are presented;
• Inspect noise generating equipment prior to issuance of occupancy permits to verify onsite containment of noise.
TRAFFIC NOISE
Potential mitigation measures for long-term mobile noise impacts that exceed the significance thresholds may include:
• Attenuate noise by using barriers;
• Installation of “quiet pavement” (e.g., rubberized asphalt); • Redirect sound transmission paths;
VIBRATION
Potential mitigation measures for vibration impacts that exceed the significance thresholds may include:
• Use of equipment that generates lower vibration levels (e.g., static rollers instead of vibratory rollers, smaller earthmoving equipment when within close distances of receptors, alternatives to impact pile driving);
• Increase or establish minimum property line setbacks for vibration-generating equipment; • Require vibration monitoring during applicable phases of construction.
3.6 REFERENCES
• City of Lake Forest 2020 General Plan – Public Safety Element • City of Lake Forest Municipal Code, Chapter 11.16 – Noise Control.
ATTACHMENT 5
CITY COUNCIL AGENDA REPORT
MEETING DATE: 5/6/2025
DEPARTMENT: City Clerk
SUBJECT:
CONSIDERATION OF PROCLAMATIONS DECLARING THE MONTH OF MAY
AS ASIAN AMERICAN PACIFIC ISLANDER HERITAGE MONTH AND JEWISH
HERITAGE MONTH
RECOMMENDED ACTION(S):
Exercise discretion in considering Proclamations declaring the month of May as Asian American Pacific Islander Heritage Month and Jewish Heritage Month.
EXECUTIVE SUMMARY:
City Council Policy CC.07.05 states that City Council Consensus for the purpose of placing an item on the City Council Agenda for future consideration may be achieved with the assent of two (2) Council Members (Attachment 1). At the April 15, 2025, Regular City Council meeting, Council Member Benjamin Yu received consensus to discuss proclaiming the month of May as Asian American Pacific Islander Heritage Month and Jewish Heritage Month (Attachment 2).
Attached is the City Council Recognitions Policy which may assist the City Council’s discussion (Attachment 3). Inasmuch as the City Council requested that this item be placed on the agenda, any further direction is at its sole discretion.
FISCAL IMPACT:
Fiscal impact is dependent upon City Council action.
ATTACHMENTS:
1. Consensus for Placing Items on the Agenda Policy
2. April 15, 2025, Minute Excerpt
3. Recognitions Policy
Initiated By: Thy Merritt, Acting City Clerk
Submitted By: Thy Merritt, Acting City Clerk
Approved By: Debra Rose, City Manager
ATTACHMENT 1
City Council Policy: CC.07.05: Consensus for Placing Items on the Agenda Adopted 1991; Amended by Minute Order 12/18/12; 1/6/15; 9/1/15; 3/1/16; 7/11/17; 3/6/18; 1/18/22 Page 1 of 1 CITY COUNCIL POLICY: CONSENSUS FOR
PLACING ITEMS ON THE AGENDA
Reaffirmed January 7, 2025 CC.07.05
City Council Members periodically seek to place items for consideration by the City Council on the City Council Agenda for full discussion.
PURPOSE
This Policy establishes guidelines for Council Member requests to place items on the City Council Agenda for consideration and defines Council Consensus for that purpose.
REQUESTS FOR COUNCIL CONSENSUS
Definition - City Council Consensus for the purpose of placing an item on the City Council Agenda for future consideration may be achieved with the assent of two (2) Council Members.
Agenda Items - During the City Council meetings, Council Members may request an item be placed on a future City Council agenda for consideration. If the Council Member desires a specific agenda date, the Council Member shall state his or her request for City Council consensus.
• A consensus agenda item would require a full agenda report including analysis and a staff recommendation, if appropriate.
• All items with significant budgetary impact (defined as in excess of $30,000), or capital improvement projects, will be agendized at the annual budget workshop.
• Council Members will be limited to introducing no more than four (4) agendized items per calendar year, not including items considered during the annual budget workshop.
• Consensus items sought in addition to the four (4) per Council Member, per calendar year, must be achieved with a super majority vote of four (4) Council Members.
• In the event a Council Member does not state a desire for a specific agenda date, and the item does not contain significant budgetary impact so as to be scheduled during the annual budget workshop, the City Manager shall agendize the item at a future meeting date at his/her discretion.
AUTHORIZED BY
Lake Forest City Council January 7, 2025, Item No. 16
ATTACHMENT 2
DRAFT MINUTE EXCERPT
LAKE FOREST REGULAR CITY COUNCIL MEETING
April 15, 2025
______________________________________________________________________ CITY COUNCIL COMMENTS:
Council Member Yu: Council Member Yu received consensus from Mayor Voigts to discuss proclamations declaring
the month of May as Asian American Pacific
Islander Heritage Month and Jewish Heritage
Month. He wished everyone a Happy Easter.
ATTACHMENT 3
City Council Policy: CC.07.12: Recognitions - Proclamations, Certificates, and/or City Paraphernalia Adopted 1993
Amended by Minute Order 7/2/19; Revised 7/5/23; 1/16/24 Page 1 of 6 CITY COUNCIL POLICY: RECOGNITIONS -
PROCLAMATIONS, CERTIFICATES, AND/OR
CITY PARAPHERNALIA
Revised: January 7, 2025 CC.07.12
1. PURPOSE
To establish guidelines for the City Council’s consideration for recognition of individuals, groups, and events by issuance of proclamations, certificates, and/or City paraphernalia on matters within the City’s subject matter jurisdiction and which most immediately affect the City of Lake Forest.
2. BACKGROUND
On a regular basis, the City of Lake Forest receives requests from individuals, groups, and organizations for various types of recognition. The purpose of this policy is to provide guidelines for the City’s consideration of these requests upon matters within the City’s jurisdiction, and to preserve Council meeting time and resources for those matters upon which the City Council’s decisions have direct and concrete consequence for the City. Current practice allows for the City Council to determine which presentations are agendized and which are appropriate to be presented at an event outside of a formal City Council meeting.
Requests made by members of the City Council are reviewed by the Mayor and may be approved at the Mayor’s discretion. Any member of the City Council may use the consensus process to request a recognition.
3. POLICY
It is the policy of the City Council that staff will use the guidelines of this policy as a basis for deciding appropriate recognition. The City Clerk will process all requests for recognition that meet this policy. All others will be approved at the discretion of the Mayor.
4. DEFINITIONS
Certificates: A certificate is a type of recognition of an individual or group. A certificate is prepared in response to the type of recognition requested. Types of certificates may include: Certificate of Commendation, Certificate of Recognition, Certificate of Appreciation, City Council Policy: CC.07.12: Recognitions - Proclamations, Certificates, and/or City Paraphernalia Adopted 1993
Amended by Minute Order 7/2/19; Revised 7/5/23; 1/16/24 Page 2 of 6 and Certificate of Appointment. Certificates are prepared for signature of all members of the City Council, if requested by a majority of the City Council. This may be presented at a City Council meeting or outside event. Certificates are not issued for religious observations, matters of foreign policy of the United States, ethnic celebrations, or recognition that is not local to the community in nature. Certificates are considered when:
1. Their primary purpose is to recognize individuals or groups, local issues, actions, and/or programs that contribute to the City of Lake Forest. (Examples include notable achievements at a local school.)
2. Their primary purpose is to acknowledge a noteworthy occurrence that took place in the City of Lake Forest. (Examples include recognizing a life-saving act in Lake Forest.)
3. Their primary purpose is to acknowledge issues that directly impact the operations of the City of Lake Forest.
Proclamations: Proclamations may be issued to designate a day, week, month, or year that an event, individual, organization or cause shall be recognized or observed. Proclamations may also be issued to individuals or organizations in recognition of efforts, actions, or accomplishments of an individual or group when those efforts, actions or accomplishments have had a direct positive effect or contribution on the community. Proclamations are not issued when a topic is regarding the following:
• Matters of foreign policy of the United States of America or its relationship to other countries of the world except at the expressed request of an elected official of the federal government or an authorized representative of a department or agency of the federal government.
• Items outside the subject matter jurisdiction of the City of Lake Forest.
• Matters that do not directly impact the City of Lake Forest.
There are two types of Proclamations: (1) a letter size document observing event or occasion and (2) a legal size document that includes details of occasion and whereas statements, similar to a City Council City Council Policy: CC.07.12: Recognitions - Proclamations, Certificates, and/or City Paraphernalia Adopted 1993
Amended by Minute Order 7/2/19; Revised 7/5/23; 1/16/24 Page 3 of 6 resolution. The Mayor has discretion as to the appropriateness and type of recognition. Proclamations are prepared by the City Clerk and signed by the City Council and may be presented at a City Council meeting or outside event.
Standard Plaques: Standard plaques are an appropriate means of recognition for significant service to the City. Presentation of a standard plaque is at the discretion of the Mayor with concurrence of a majority of the City Council.
City Tile Plaque: The City tile plaque is an appropriate means of recognizing the service of a Director, City Commissioner, Eagle Scout/Girl Scout Gold Award service project benefitting the City of Lake Forest, High School Liaison, or dignitaries visiting from other jurisdictions.
Presentation of a City tile plaque is at the discretion of the Mayor with concurrence of a majority of the City Council.
In Memoriam Certificate / Dedication of a Meeting: There are times when a meeting is dedicated to the memory of an individual. The Mayor would initiate this action. When a meeting is dedicated, a notation appears on the agenda and the Mayor announces that the meeting is in memory of said individual. After the meeting is held or adjourned, an appropriate certificate “In Memoriam” may be requested by the family to acknowledge the dedication.
City Lapel Pin: City lapel pins include the City logo. They are presented to City staff, City Commissioners when appointed, and guests of the City as determined by the Mayor and/or City Council Members and/or City Manager, City Clerk or Department Directors.
Letter of Commendation: The Mayor at his/her discretion may opt to recognize an event or individual, such as earning the prestigious Eagle Scout or Girl Scout Gold Award.
City Council Policy: CC.07.12: Recognitions - Proclamations, Certificates, and/or City Paraphernalia Adopted 1993
Amended by Minute Order 7/2/19; Revised 7/5/23; 1/16/24 Page 4 of 6
5. TYPE OF RECOGNITION REQUESTS
The following are recognition guidelines, which will be implemented by the Mayor.
Community Events, Community Organizations
In response to requests for recognition received from various community organizations, the Mayor will consider the significance of the event to the entire community and provide direction to staff on proceeding with the request accordingly.
Athletic / Academic Accomplishments
Recognition of athletic/academic accomplishments may be given when an individual or team reaches a significant level of competition on a regional, state, or national level. Additionally, recognition may be given for a championship at a county level if the competitor continues to compete at a state and/or national level. Recognition should occur when the highest level of competition is completed.
Athletic recognition should be limited to children of High School age or greater competing in school-related or publicly conducted and sanctioned competitions.
Adults residing in the community may also be recognized for their athletic achievements in well-recognized sporting events. The determination of when recognition is appropriate shall be the responsibility of City Council.
Acts of Heroism
Commendations may be given to residents of Lake Forest who perform heroic acts and to non-residents who perform acts of heroism to save the life or property of a City resident, or take significant steps to improve the City’s community wellbeing or reputation. The commendation should be presented at a City Council Meeting. Nominations for acts of heroism may be received through the Community Heroes program and are to be reviewed the Deputy City Manager or their designee within one week of the receipt of nomination. Following the review of the nomination, staff contacts the requester to discuss the details of the request. In addition to official recognition at a public City Council meeting, every community hero will be added to the City’s dedicated webpage describing the heroic act that resulted in the recognition each hero received.
City Council Policy: CC.07.12: Recognitions - Proclamations, Certificates, and/or City Paraphernalia Adopted 1993
Amended by Minute Order 7/2/19; Revised 7/5/23; 1/16/24 Page 5 of 6 Non-Profit Organizations, Yearly Commemorative Events
In response to requests for recognition received from various non-profit organizations, the Mayor will consider those requests not covered as to the significance of the event to the entire community and provide direction to staff on proceeding with the request accordingly.
Eagle Scouts and Silver Arrow Scouts / Girl Scout Silver and Gold Award
A letter of commendation may be prepared to recognize City residents who achieve the rank of Eagle Scout and Silver Arrow Scout or Girl Scout Silver or Gold Award. The letter will be presented in a certificate folder and may be presented by the Mayor or a member of the City Council at either a court of Honor or a City Council meeting. Scouts completing their final projects within the legal boundaries of the City of Lake Forest will be honored with a tile plaque.
City Commissioners
Newly appointed commissioners will be presented with a City lapel pin and a Certificate of Appointment at the City Council meeting at which the Oath of Office is taken. Commissioners who complete their terms of office will be presented with a City Tile Plaque at a City Council meeting.
Commission Chairpersons will be recognized with a Certificate of Recognition at the end of their term.
Regional Events and Recognition for Other Cities.
Appropriate certificates or proclamations may be prepared for regional events or in response to requests from other cities. The form of presentation will be evaluated by the Mayor for presentation to City Council for final action.
National Day/ Week / Month or Dates of Observance
A proclamation may be issued by/to an organization or individual who has a direct association with the recognition.
City Council Policy: CC.07.12: Recognitions - Proclamations, Certificates, and/or City Paraphernalia Adopted 1993
Amended by Minute Order 7/2/19; Revised 7/5/23; 1/16/24 Page 6 of 6 Anniversary
A Certificate or Proclamation of Anniversary may be prepared to commemorate an anniversary for a community service organization located in the City, a company doing business within the City, or another public agency. The organization being honored shall be invited to send a representative to a City Council meeting to receive the award.
Limitation of requests include:
• A Proclamation request will be honored only for major anniversary (e.g., 25th, 50th, 100th, etc.)
• For all non-major anniversaries, a Certificate of Recognition may be provided.
Mayor’s Award
An award may be presented to one City staff member to recognize outstanding performance and achievement during the year. The established criterion and procedure for the Mayor’s Award is found in the Mayor’s Award Administrative Policy.
6. Procedure.
It is the policy of the City Council that when a request for recognition is received, certificates, proclamations, plaques, and other recognitions awards shall be prepared by the City Clerk in accordance with the adopted guidelines of this policy. The Community Hero awards will be prepared by the Communication and Marketing Division. If a request for recognition is not clearly consistent with any of the request categories, the Mayor will provide direction and staff will prepare the necessary recognition.
AUTHORIZED BY
Lake Forest City Council January 7, 2025, Item No. 16
CITY COUNCIL AGENDA REPORT
MEETING DATE: 5/6/2025
DEPARTMENT: City Manager
SUBJECT:
LEGISLATIVE AND REGULATORY MATTERS
RECOMMENDED ACTION(S):
1. Receive and file a report summarizing legislative and regulatory matters with the potential to impact the City of Lake Forest.
2. Adopt the policy positions recommended by staff on various legislation with the potential to impact the City of Lake Forest.
3. Exercise City Council discretion in adopting a Resolution entitled: A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE
FOREST, CALIFORNIA TO OPPOSE SOUTH COAST AIR QUALITY AND MANAGEMENT DISTRICT’S PROPOSED AMENDED RULES 1111 AND
1121
EXECUTIVE SUMMARY:
As part of its Legislative and Regulatory Program, the City Council adopts a Legislative and Regulatory Platform before the State’s Legislative Session starts.
This platform contains policy guidelines rooted in the preservation of local control and municipal financial independence. The City Council adopted the 2025-2027 Legislative and Regulatory Platform (Attachment 1) on January 7, 2025.
Legislative Matters
This report provides a summary of proposed legislation with the potential to significantly impact the operational, financial position, or decision-making capacity of the City of Lake Forest. Each summary below includes a staff recommendation on whether the City Council should support or oppose the legislation. The positions and recommendations from CalCities and the Association of California Cities – Orange County (“ACC-OC”) are also included in this report if a position has been adopted or specified. Aside from CalCities and ACC-OC, only the Orange County Business Council (“OCBC”) has released positions on proposed legislation. OCBC has not taken a position on any of the legislation discussed in this report.
Emergency and Disaster Management
Assembly Bill 226
Title: California FAIR Plan Association.
Staff Recommendation: Support
CalCities Position: Pending
ACC-OC Position: Support
Status: 2nd House – Policy Committee
AB 226 would authorize the California FAIR Plan Association to request that the California Infrastructure and Economic Development Bank issue bonds to finance the costs of claims, increase liquidity and claims-paying capacity of the association, and refund bonds previously issued for that purpose. This bill does not impose direct requirements on local governments, but it could indirectly benefit cities by stabilizing the FAIR Plan’s capacity to insure residential and commercial properties in high-risk fire zones.
Assembly Bill 846
Title: Endangered species: incidental take: wildfire preparedness activities.
Staff Recommendation: Support
CalCities Position: Sponsor
ACC-OC Position: Not Specified
Status: 1st House – Policy Committee
AB 846 would allow local agencies to provide the California Department of Fish and Wildlife (“CDFW”) with a wildfire preparedness plan to determine if certain permits are needed for vegetation management. The plan would include specific information, including the location and type of vegetation management activities that are planned, that the local agency has complied with CEQA, and any planned environmental mitigation or conservation measures the local agency plans to take as part of their plan. CDFW would have 90 days to review the plan.
If CDFW determines certain permits are needed, they would be required to issue the permit within 45 days and issue the permit for a 5-year period. This will improve communication between local agencies and the state on wildfire preparedness activities.
Housing and Community Development
Assembly Bill 650
Title: Planning and zoning: housing element: regional housing needs allocation.
Staff Recommendation: Support
CalCities Position: Sponsor
ACC-OC Position: Not Specified
Status: 1st House – Policy Committee
The City of Lake Forest faced several challenges in getting our housing element certified. While our Community Development Department drafted a complete draft document initially in September of 2021, responded promptly and completely to all HCD comments, and maintained open and professional communication with the City’s representative at HCD, it took three years to achieve compliance. This was primarily due to factors including unclear guidance, changing criteria or standards during a process, conflicting corrections, and extended review timeframes by HCD which delayed the City’s progress and made it more difficult to achieve the common goal of a certified Housing Element.
AB 650 would help address some of these issues by allowing local governments to begin updating a housing element six months early. The bill would also require HCD to provide specific text and analysis that must be included in the housing element to remedy deficiencies, ensuring that local governments are not penalized when HCD identifies additional deficiencies not previously identified in prior review letters.
Assembly Bill 874
Title: Mitigation Fee Act: waiver of fees: affordable rental housing.
Staff Recommendation: Oppose
CalCities Position: Pending
ACC-OC Position: Not Specified
Status: 1st House – Policy Committee
AB 874 requires local agencies to waive fees for the construction of public improvements or facilities for residential developments that are subject to a regulatory agreement with a public entity. The agreement must ensure that at least 49% of the units (excluding manager units) are reserved for occupancy by lower-income households at affordable rents, and the agreement must be in place for at least 55 years. This bill excludes fees related to the construction or reconstruction of school facilities, code enforcement, inspection services, and fees associated with the enforcement of local ordinances or state law. Despite these exclusions, not being able to collect certain construction fees places a burden on local governments and the public services associated with construction.
Assembly Bill 1206
Title: Single-family and multifamily housing units: preapproved plans.
Staff Recommendation: Oppose
CalCities Position: Oppose Unless Amended
ACC-OC Position: Not Specified
Status: 1st House – Fiscal Committee
AB 1206 would require all local jurisdictions by January 1, 2026, to develop a program for preapproval of single-family and multifamily residential housing plans. In addition, the measure would require local agencies to ministerially approve within 30 days of receiving a completed application for a preapproved single-family and multi-family plan. Preapproved plans for larger, more complex structures are not feasible with California's varying local climactic, geographic, and topographic conditions. As a result, a one-size-fits-all approach for single family and multi-family housing will not be feasible at the local level and will reduce local authority over planning decisions.
Recovery Housing
Senate Bill 35
Title: Alcohol and drug programs.
Staff Recommendation: Support
CalCities Position: Sponsor
ACC-OC Position: Not Specified
Status: 1st House – Fiscal Committee
SB 35 would enhance the oversight and enforcement of existing state licensing laws for alcohol and drug treatment facilities. A recent state audit revealed that DHCS has not consistently investigated allegations of unlicensed facilities providing or advertising treatment services. To address these gaps, the auditor recommended that DHCS improve the timeliness of inspections and complaint investigations, conduct more site visits, and establish follow-up procedures to ensure unlicensed facilities cease unlawful operations. SB 35 would implement these recommendations by requiring DHCS to meet specific timelines for investigating allegations of unlicensed treatment services.
Senate Bill 329
Title: Alcohol and drug recovery or treatment facilities: investigations.
Staff Recommendation: Support
CalCities Position: Sponsor
ACC-OC Position: Support
Status: 1st House – Fiscal Committee
SB 329 would require the DHCS to complete timely investigations into complaints about alcohol or drug treatment facilities. While existing law requires DHCS to investigate complaints against licensed alcohol and drug treatment facilities, it does not establish timelines for completing those investigations. This bill will create clear, reasonable deadlines – aligned with existing DHCS policy – to enhance public transparency and ensure providers are held accountable for delivering high-quality treatment and care.
This bill is coauthored by Assemblymember Diane Dixon.
Assembly Bill 3
Title: Alcohol and drug treatment facilities: local regulation.
Staff Recommendation: Support
CalCities Position: Watch
ACC-OC Position: Support
Status: 1st House – Policy Committee
AB 3 would clarify that an alcohol or drug recovery or treatment facility serving six or fewer persons is not considered a residential use of property for purposes of local regulation if it is part of a larger operation involving multiple single-family dwellings under shared ownership, management, or amenities and located within 300 feet of one another. The bill would also remove this residential designation if a dwelling shares ownership, management, or amenities with a commercially owned and licensed facility anywhere in the state. By narrowing the automatic classification of these facilities as residential, AB 3 would allow local governments to better regulate these facilities within their jurisdiction.
This bill was introduced and authored by Assemblymember Diane Dixon.
Assembly Bill 424
Title: Alcohol and other drug programs: complaints.
Staff Recommendation: Support
CalCities Position: Sponsor
ACC-OC Position: Support
Status: 1st House – Fiscal Committee
AB 424 would require the DHCS to provide status updates to individuals who have filed a complaint against a licensed alcohol or drug treatment facility. More specifically, DHCS will be required to notify individuals at three key points: when their complaint is received when the investigation concludes, and the outcome of the investigation. Currently, DHCS does not automatically provide this information. Instead, complainants must file a Public Records Act (“PRA”) request, which can take months – sometimes over a year – to receive a response. AB 424 would help cities stay informed and support a more transparent oversight process.
Assembly Bill 425
Title: Certification of alcohol or other drug programs.
Staff Recommendation: Support
CalCities Position: Watch
ACC-OC Position: Support
Status: 1st House – Fiscal Committee
Current law grants the sole authority in state government to the State Department of Health Care Services to certify alcohol or other drug programs and to license adult alcohol or other drug recovery or treatment facilities. Current law requires the department to adopt the American Society of Addiction Medicine (“ASAM”) treatment criteria, or an equivalent evidence-based standard, as the minimum standard of care for licensed facilities and requires a licensee to maintain those standards with respect to the level of care to be provided by the licensee. AB 425 would similarly require the department to adopt the ASAM treatment criteria, or an equivalent evidence-based standard, as the minimum standard of care for alcohol or other drug programs certified by the department.
The bill would also require certified programs to maintain those standards with respect to the level of care to be provided by the certified program.
Assembly Bill 492
Title: Alcohol and drug programs: licensing.
Staff Recommendation: Support
CalCities Position: Sponsor
ACC-OC Position: Support
Status: 1st House – Fiscal Committee
Currently, the California Department of Health Care Services (“DHCS”) is not required to notify local governments when approving licenses for new alcohol and drug treatment facilities. AB 492 will require DHCS to notify cities of these facilities. Similar notification requirements are already in place for liquor licenses, cannabis businesses, and syringe exchange programs. This bill will enable cities to better coordinate services and identify emerging trends and potential gaps in the state's approach to treatment needs.
This bill is coauthored by Assemblymember Diane Dixon.
Assembly Bill 877
Title: Health care coverage: substance use disorder: residential facilities.
Staff Recommendation: Support
CalCities Position: Watch
ACC-OC Position: Not Specified
Status: 1st House – Policy Committee
AB 877 would require the Department of Managed Health Care, Department of Insurance, and the Department of Health Care Services to jointly prepare and send a letter to the chief financial officers of all California health care service plans, health insurers, and Medi-Cal managed care plans that provide coverage for substance use disorder treatment in residential facilities. The bill would require the letter to include, among other things, a statement informing the plan or insurer that substance use disorder treatment in licensed and certified or unlicensed residential facilities is almost exclusively nonmedical, with rare exceptions. The bill aims to improve billing accuracy and transparency between state regulators and insurers regarding coverage of residential substance use disorder treatment.
This bill was introduced and authored by Assemblymember Diane Dixon.
Transportation
Assembly Bill 544
Title: Electric bicycles: required equipment.
Staff Recommendation: Support
CalCities Position: Support
ACC-OC Position: Not Specified
Status: 1st House – Fiscal Committee
AB 544 would expand safety requirements for e-bikes by requiring them to be equipped at all times with a red rear reflector or red light with a built-in reflector that is visible from 500 feet. The bill also updates helmet requirements for minors operating electric bicycles. If a minor is cited for a violation, a minor may avoid a fine and court record by showing proof of ownership of a complaint helmet and completion of a specialized electric bicycle safety course. Requiring minors to wear helmets aligns with existing safety regulations for traditional bicycles and motorcycles, reinforcing the importance of protective gear in preventing serious head injuries. Additionally, requiring e-bikes to be equipped with proper rear lighting or reflectors is essential for visibility, especially in low-light conditions, thereby reducing the risk of collisions.
Assembly Bill 545
Title: Electric bicycles: required equipment.
Staff Recommendation: Support
CalCities Position: Track
ACCOC Position: Not Specified
Status: 1st House – Fiscal Committee
AB 545 would ban the sale of applications designed to modify the speed capabilities of e-bikes that make said bikes no longer meet the state’s definition of an e-bike. While current law already prohibits tampering with e-bikes or selling physical devices for this purpose, this bill closes a loophole by addressing software-based modifications. Modifying e-bikes to exceed legal speed thresholds creates significant safety concerns for both riders and the public, particularly as use increases on shared roads, sidewalks, and trails.
Assembly Bill 965
Title: Vehicles: electric bicycles.
Staff Recommendation: Support
CalCities Position: Track
ACC-OC Position: Not Specified
Status: 1st House – Policy Committee
AB 965 would ban the sale of class 3 electric bicycles (e-bikes) to individuals under 16 years of age. Existing law already prohibits individuals under 16 from operating a class 3 e-bike, which are a category of e-bikes that can reach a maximum speed of 28 mph with pedal assistance. However, current statute does not restrict the sale of class 3 e-bikes to persons under the age of 16. This bill would close that gap by making it an infraction, punishable by a fine of up to $250.
Regulatory Matters
Proposed Rulemaking – Gas and Electric Appliances
The South Coast Air Quality Management District (“SCAQMD”) is the regional agency responsible for improving air quality across much of Southern California, including Los Angeles, Orange, Riverside, and San Bernardino counties. It regulates emissions from stationary sources such as refineries, industrial facilities, and residential appliances. As part of its rulemaking process, SCAQMD periodically develops regulations aimed at reducing emissions from various sources, including equipment, paints, and consumer products.
In late 2023, SCAQMD introduced proposed amendments to Rules 1111 and 1121, a phase in of zero-emission standards for residential gas-powered appliances like furnaces and water heaters. The original proposal mandated zero-emission requirements for new buildings starting in 2026 and for existing buildings by 2029, when equipment would need replacement. This proposal faced strong public opposition due to concerns over affordability, grid capacity, and the impact on low-income communities, small businesses, and schools.
In response, the agency revised the proposal in February 2025, shifting from a strict zero-emissions mandate to a more flexible compliance model. Under this new “glide path” approach, manufacturers can continue selling both gas and electric units while working toward phased compliance targets. Starting in 2027, manufacturers must ensure that 30% of appliances installed in new buildings or replacements are electric, increasing incrementally to 90% by 2036. If manufacturers fall short of these targets, they must pay a mitigation fee – $500 per excess gas furnace and $250 per gas water heater. These fees apply only to manufacturers and do not affect existing appliances that remain in good working order.
The final decision on the proposed rules will be made at the public hearing on June 6, 2025. At its sole discretion, the City Council may adopt a formal position via a Resolution. A draft resolution for consideration is attached (Attachment 2).
Any action on this regulatory item would be at the sole discretion of the City Council.
FISCAL IMPACT:
There is no fiscal impact associated with the recommended actions.
ATTACHMENTS:
1. 2025-2027 Legislative and Regulatory Platform
2. Bill Texts
3. Draft Resolution
Initiated By: Nidia Ruelas, Assistant to the City Manager Submitted By: Debra Rose, City Manager
Approved By: Debra Rose, City Manager
ATTACHMENT 1
2 CITY OF LAKE FOREST
2025-2027 LEGISLATIVE AND REGULATORY PLATFORM
I. INTRODUCTION
The Legislative and Regulatory Platform (“Platform”) defines the City's Policy guidelines and provides the foundation for advocacy efforts at the federal, state, and local levels. Staff uses this Platform to identify relevant topic areas and subject matter, and makes recommendations to City Council on specific legislation or regulations consistent with the policy guidelines. Additionally, in the event it is necessary for the City to respond to a legislative proposal in a timeframe that does not allow the City Council to take formal action, staff would express positions on bills in accordance with these guidelines, and then seek City Council direction at the appropriate time.
II. GUIDING PRINCIPLES
1. Support Public Safety
Support legislation or regulations that provides the City with the ability to maintain high-level public safety for its residents and businesses. Support measures and initiatives that preserve law enforcement action that provide residents with the safety needed to achieve a desirable quality of life. Oppose efforts that would diminish the City’s ability to properly fund its police services.
2. Preserve Local Control
Preserve and protect the City’s powers, duties, and prerogatives to enact local legislation and policy direction concerning local affairs and oppose legislation or regulations that preempts local authority. Oppose measures that seek to preempt or degrade local control.
3. Fiscal Responsibility and Economic Development
Support measures that promote fiscal stability, financial independence, preserve the City’s revenue base, and maximum local control over local government budgeting. Oppose measures that shift local funds to the county, state, or federal governments and/or make cities more dependent on the county, state, or federal governments for financial stability.
4. Housing and Land Use
3 Support legislation or regulations that preserves local authority and flexibility in housing and land use regulations to safeguard community character, health, and safety. Oppose legislation or regulations that would hinder the unique needs and priorities of the community or negatively affect local governance or property rights.
5. Environment
Support legislative and regulatory measures that prioritize responsible resource management and local autonomy in environmental regulation.
Advocate for streamlined regulatory processes that reduce unnecessary bureaucracy. Oppose policies that impose undue restrictions on local decision-making and limit the availability of diverse energy options.
III. POLICY STATEMENTS
1. Public Safety
• The City opposes any state or federal mandates that would undermine local decision-making in critical areas in Public Safety. • The City supports legislation or regulations to address safety concerns related to e-bikes, fentanyl, and retail theft mitigation. • The City supports legislation or regulations that would help to fund regional transportation projects that sustain the City’s regional public safety model.
2. Local Control
• The City supports legislation or regulations that lead to greater financial independence from federal, state and/or county government, and protect local resources from seizure by federal, state and/or county agencies.
• The City supports legislation or regulations maintaining maximum local flexibility in all areas of its responsibility and operations and opposes legislation that imposes intrusive, unnecessary, or unfunded stateimposed mandates or preempts local authority. • The City opposes legislation or regulations that make the City more dependent on federal, state, and/or county government or agencies for policy direction.
4 • The City opposes legislation or regulations to limit the City’s ability to contract for municipal services.
• The City opposes any legislation or regulations that are inconsistent with the doctrine of home rule, interferes with local exercise of police powers over local land use, or requires a federal, state, and/or county entity to develop model planning practices and policies. • The City supports legislation or regulations that bolster programmatic and grant funding available for local governments to access in order to fund infrastructure projects, or other improvements which would benefit the community, including federal Community Project Funding/ Congressionally Directed Spending.
• The City supports maximum flexibility with regard to expending grant funds that address economic recovery associated with public health declarations, natural disasters, and other emergencies, as well as the other needs of the City in which grant funds can be utilized.
3. Fiscal Responsibility and Economic Development
• The City supports bills that would lower taxation rates for businesses and residents.
• The City opposes legislation, regulations, or ballot initiatives that would alter the legislative intent of Proposition 13, including a split realproperty tax roll that would affect commercial property and any amendment that would affect residential property.
• The City Council opposes efforts by the State Legislature to assess taxes on public goods and services such as water and electricity. • The City opposes legislation that would lower the vote threshold as a method to impose new taxes or create new financing opportunities. • The City supports efforts to reestablish the authority and financing capability previously afforded to local governments by redevelopment through legislation or regulations designed to support businesses through economic development and the City supports efforts to facilitate economic development efforts that enhance opportunities for local businesses.
• The City supports legislation or regulations that would amend existing law to ensure that prevailing wage rates do not impede its ability to pursue small-dollar projects and lower operating costs. 5 • The City supports policies that prioritize private sector investment and economic development. The City opposes the imposition of stringent regulations that could stifle business innovation, hinder economic growth, or discourage investment in the community.
4. Housing and Land Use
• The City supports efforts to amend the current occupancy calculation in the Uniform Housing Code (“UHC”) to achieve a more reasonable standard, thereby, improving the health, safety, and residential character of our community.
• The City supports efforts, at both the federal and state level, to provide local agencies with regulatory tools related to short-term rentals and other uses in residential areas that may affect the quality of life. • The City supports the continuation and funding of federal housing assistance programs, such as vouchers or rental assistance, including those funded through existing grant programs such as the Community Development Block Grant (“CDBG”).
5. Transportation
• The City supports funding for investments in transportation which aim to reduce traffic and pollution; including investments in roads, public transportation networks, mass transit systems such as rail, and bicycle/ pedestrian infrastructure, such as funding for project design, construction, and maintenance.
6. Environment
• The City supports modification to the California Environmental Quality Act (“CEQA”) and the National Environmental Policy Act (“NEPA”) to eliminate duplicative and unnecessary provisions of the existing law. • The City supports legislative and regulatory efforts that reduce or delay the financial and compliance impacts of State-mandated organics recycling.
• The City opposes Municipal Separate Storm Sewer System (“MS4”) permit requirements that impose undue costs or burdens on municipalities or limit local flexibility in managing stormwater pollution. 6 • The City opposes gas to electric transition efforts that would impose undue financial burdens for residents, local businesses, and property owners.
• The City supports legislation or regulations to lengthen the duration of National Pollutant Discharge Elimination System (“NPDES”) permits for stormwater discharge under the Clean Water Act (“CWA”) from five (5) to ten (10) years, and strengthening federal programs designed to assist municipalities in achieving NPDES permit compliance.
7. Social and Demographics
• The City supports religious freedom and legislation or regulations protecting religious freedom at both the state and federal level. • The City supports legislation or regulations that advance the practice or policy of favoring individuals in hiring and similar contexts based solely on abilities and personal merits, including education, skills, experience, and other similar factors.
8. Wildlife and Natural Disaster
• The City supports legislation and regulations which puts safeguards on and curbs the cost of homeowners insurance premium increases and the cancellation of insurance, on account of wildfire and other natural disasters.
IV. LEGISLATIVE DIRECTION
• Staff may continue to advocate a position for a bill which has been amended into a new bill number as long as the language and intent remain substantially unchanged.
• The City shall monitor and take into consideration the strategic goals and positions adopted by local and regional agencies, including but not limited to the following:
Association of California
Cities – Orange County (ACCOC)
County of Orange
El Toro Water District (ETWD)
Irvine Ranch Water District
(IRWD)
League of California Cities
(CalCities)
7 Orange County-American
Planning Association (OCAPA)
Orange County Business
Council (OCBC)
Orange County Council of
Governments (OCCOG)
Orange County Fire Authority
(OCFA)
Orange County Sheriff’s
Department (OCSD)
Orange County Transportation
Authority (OCTA)
South Coast Air Quality
Management district (South
Coast AQMD)
V. LEGISLATIVE PROCEDURES
1) Develop and adopt a legislative and regulatory platform every two years based on the long-term strategic vision and current needs of the City. 2) Monitor and analyze proposed legislative and regulatory matters to determine effects on the City’s municipal operations and service to its residents and businesses.
3) Staff will stay up to date on legislative and regulatory matters relevant to their respective department.
4) Present legislative and regulatory matters to the City Council periodically throughout the legislative calendar.
5) Communicate the City’s position on proposed legislation or regulations through letters of support or opposition for legislation or regulations that is impactful to the City.
6) Work regularly with state and federal lobbyists to ensure that the City’s voice is well represented.
ATTACHMENT 2
california legislature—2025–26 regular session
ASSEMBLY BILL No. 226
Introduced by Assembly Members Calderon and Alvarez
(Principal coauthors: Assembly MembersBryan,Harabedian, Irwin, Schiavo, Schultz, and Zbur)
(Coauthors: Assembly Members Addis, Berman, Connolly, Elhawary, Ortega, Pellerin, Ransom, Sharp-Collins, and Stefani)
January 9, 2025
An act to add Section 63087.5 to, and to add Article 11 (commencing with Section 63049.75) to Chapter 2 of Division 1 of Title 6.7 of, the Government Code, and to add Section 10100.3 to the Insurance Code, relating to insurance, making an appropriation therefor, and declaring the urgency thereof, to take effect immediately.
legislative counsel’s digest
AB 226, as introduced, Calderon. California FAIR Plan Association.
The California FAIR Plan Association is a joint reinsurance association in which all insurers licensed to write basic property insurance participate in administering a program for the equitable apportionment of basic property insurance for persons who are unable to obtain that coverage through normal channels. Existing law requires the association’s plan of operation and any amendment to the plan to be approved by the Insurance Commissioner. Existing law establishes the California Infrastructure and Economic Development Bank and authorizes it to issue bonds to provide funds for the payment of costs of a project for a participating party or upon request by a state entity.
This bill would authorize the association, if granted prior approval from the commissioner, to request the California Infrastructure and Economic Development Bank to issue bonds, and would authorize the Revised 3-5-25—See last page. 99
bank to issue those bonds to finance the costs of claims, to increase liquidity and claims-paying capacity of the association, and to refund bonds previously issued for that purpose. The bill would specify that the association is a participating party and that financing all or any portion of the costs of claims or to increase liquidity and the claims-paying capacity of the association is a project for bond purposes.
The bill would authorize the bank to loan the proceeds of issued bonds to the association, and would authorize the association to enter into a loan agreement with the bank and to enter into a line of credit agreement with an institutional lender or broker-dealer.
This bill would require the association, if the above-described bonds, loan agreements, or lines of credit received the prior approval of the commissioner, to assess members in the amounts and at the times necessary to timely pay in full all obligations of the association with respect to those bonds, loan agreements, or lines of credit and related agreements, as specified.
Existing law establishes the California Infrastructure and Economic Development Bank Fund, a continuously appropriated fund, for the purpose of implementing the objectives of the bank.
To the extent that the bill would result in additional revenues being deposited into the California Infrastructure and Economic Development Bank Fund, the bill would make an appropriation.
This bill would declare that it is to take effect immediately as an urgency statute.
Vote: 2⁄3. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: no.
The people of the State of California do enact as follows:
line 1 SECTION 1. Article 11 (commencing with Section 63049.75) line 2 is added to Chapter 2 of Division 1 of Title 6.7 of the Government line 3 Code, to read:
line 4
line 5 Article 11. California FAIR Plan Association Financing line 6
line 7 63049.75. (a) Notwithstanding any other provision of this line 8 division, pursuant to Section 10100.3 of the Insurance Code and line 9 upon approval of the bank, a financing of the costs of paid claims line 10 or to increase liquidity and claims-paying capacity upon the request line 11 of the California FAIR Plan Association shall be deemed to be in 99 AB 226 — 2 —
line 1 the public interest and eligible for financing by the bank. Article line 2 3 (commencing with Section 63040), Article 4 (commencing with line 3 Section 63042), Article 5 (commencing with Section 63043), line 4 Article 5.5 (commencing with Section 63047.1), Article 6 line 5 (commencing with Section 63048), Article 6.3 (commencing with line 6 Section 63048.55), Article 6.5 (commencing with Section 63048.6), line 7 Article 6.7 (commencing with Section 63048.91), Article 7 line 8 (commencing with Section 63049), Article 8 (commencing with line 9 Section 63049.6), Article 9 (commencing with Section 63049.67), line 10 and Article 10 (commencing with Section 63049.70) shall not line 11 apply to that financing provided by the bank.
line 12 (b) Notwithstanding any other provision of this division, the line 13 bank shall not have authority over any matter that is subject to the line 14 approval of, or otherwise regulated by, the Insurance Commissioner line 15 under Part 1 (commencing with Section 1880) of Division 2 of the line 16 Insurance Code. The bank shall have the right to enforce all line 17 obligations of the California FAIR Plan Association under the line 18 agreements relating to bonds issued under this section. line 19 (c) The bank may issue taxable or tax-exempt bonds pursuant line 20 to Chapter 5 (commencing with Section 63070) to finance the costs line 21 of claims or to increase liquidity and claims-paying capacity of line 22 the California FAIR Plan Association, and to refund bonds line 23 previously issued for that purpose, and may loan the proceeds line 24 thereof to the California FAIR Plan Association. Bond proceeds line 25 may also be used to fund necessary reserves, capitalized interest, line 26 credit or liquidity enhancement costs, and costs of issuance. line 27 (d) Bonds issued under this section shall not be deemed to line 28 constitute a debt or liability of the state or of any political line 29 subdivision thereof, other than the bank, or a pledge of the faith line 30 and credit of the state or of any political subdivision, but shall be line 31 payable solely from the fund and other revenues and assets securing line 32 the bonds. All bonds issued under this article shall contain on the line 33 face of the bonds a statement to that effect.
line 34 SEC. 2. Section 63087.5 is added to the Government Code, line 35 immediately following Section 63087, to read:
line 36 63087.5. For purposes of this chapter:
line 37 (a) “Participating party” includes the California FAIR Plan line 38 Association.
line 39 (b) “Project” has the same meaning as defined in Section 63010, line 40 and also includes financing all or any portion of the costs of claims 99 — 3 — AB 226
line 1 or to increase liquidity and the claims-paying capacity of the line 2 California FAIR Plan Association in an amount, together with line 3 necessary reserves, capitalized interest, credit or liquidity line 4 enhancement costs, or costs of issuance, that may be determined line 5 by the California FAIR Plan Association, with prior approval from line 6 the Insurance Commissioner, in a request to the bank made line 7 pursuant to Section 63049.75.
line 8 SEC. 3. Section 10100.3 is added to the Insurance Code, to line 9 read:
line 10 10100.3. (a) If granted prior approval from the commissioner, line 11 the association may do all of the following:
line 12 (1) Request the California Infrastructure and Economic line 13 Development Bank to issue bonds from time to time to finance all line 14 or any portion of the costs of claims or to increase liquidity and line 15 claims-paying capacity, pursuant to Section 63049.75 of the line 16 Government Code.
line 17 (2) Enter into loan agreements with the California Infrastructure line 18 and Economic Development Bank, pursuant to Section 63049.75 line 19 of the Government Code.
line 20 (3) Enter into line of credit agreements with one or more line 21 institutional lenders, as defined in Section 22600 of the Financial line 22 Code, or one or more broker-dealers, as defined in Section 25004 line 23 of the Corporations Code, for the purpose of financing the costs line 24 of claims or to increase liquidity and claims-paying capacity and line 25 to refund lines of credit previously incurred for that purpose. line 26 (4) Secure those loan agreements or line of credit agreements line 27 by a pledge of, and the grant of a lien and security interest in, line 28 collateral, including premiums, revenues, and receivables. That line 29 pledge, lien, and security interest is subject to Division 9 line 30 (commencing with Section 9101) of the Commercial Code. line 31 (5) Enter into any other agreement or take any other action line 32 necessary or convenient to the execution and delivery of bonds, line 33 loan agreements, or line of credit agreements.
line 34 (b) If the bonds, loan agreements, or lines of credit described line 35 in subdivision (a) have received the prior approval of the line 36 commissioner as provided in subdivision (a), the association shall line 37 assess members in the amounts and at the times necessary to timely line 38 pay in full all obligations of the association with respect to those line 39 bonds, loan agreements, and lines of credit and all obligations of line 40 the association under agreements entered into pursuant to paragraph 99 AB 226 — 4 —
line 1 (5) of subdivision (a). Once approved by the commissioner, specific line 2 repayment terms, including those relating to assessment, shall not line 3 be altered by subsequent amendment to the plan of operation, and line 4 amendments to the plan of operation shall not impair the timely line 5 payment in full of any obligations of the association with respect line 6 to those bonds, loan agreements, and lines of credit and all line 7 obligations of the association under agreements entered into line 8 pursuant to paragraph (5) of subdivision (a).
line 9 SEC. 4. This act is an urgency statute necessary for the line 10 immediate preservation of the public peace, health, or safety within line 11 the meaning of Article IV of the California Constitution and shall line 12 go into immediate effect. The facts constituting the necessity are:
line 13 California is now experiencing a severe property insurance line 14 availability crisis in the state. This crisis in availability within the line 15 property insurance market normally provided by admitted insurers line 16 and licensed surplus line brokers is having the result that needed line 17 coverage is often unavailable in the normal insurance market, line 18 forcing consumers to resort to the “nonadmitted” or “secondary line 19 market,” which are insurance alternatives not overseen by the line 20 Department of Insurance. Consumers are also having to purchase line 21 much more insurance through the California FAIR Plan line 22 Association, and the association has grown to such an extent that line 23 its financial capacity to pay claims after a catastrophic fire is line 24 unlikely.
line 25 The Legislature finds that access to basic property insurance line 26 suitable for protection of all types of habitational risk, including line 27 personal and commercial lines of insurance, has become line 28 increasingly unavailable and that, as a result, all Californians may line 29 suffer because of this unavailability. In order for insurance line 30 consumers to obtain adequate policy coverage from the California line 31 FAIR Plan, which is subject to regulation by the commissioner, line 32 as soon as possible, it is necessary that this act take effect line 33 immediately.
line 34
line 35
REVISIONS: line 36
Heading—Line 4. line 37
line 38
O
99 — 5 — AB 226
AMENDED IN ASSEMBLY MARCH 27, 2025
california legislature—2025–26 regular session
ASSEMBLY BILL No. 846
Introduced by Assembly Member Connolly
(Coauthor: Assembly Member Lackey)
February 19, 2025
An act to add Article 3.6 (commencing with Section 2089.01) to Chapter 1.5 of Division 3 of the Fish and Game Code, relating to fish and wildlife.
legislative counsel’s digest
AB 846, as amended, Connolly. Endangered species: incidental take:
wildfire preparedness activities.
The California Endangered Species Act prohibits the taking of an endangered, threatened, or candidate species, except as specified. Under the act, the Department of Fish and Wildlife (department) may authorize the take of listed species by certain entities through permits or memorandums of understanding for specified purposes. Existing law requires the State Fire Marshal to identify areas in the state as moderate, high, and very high fire hazard severity zones based on consistent statewide criteria and based on the severity of fire hazard that is expected to prevail in those areas. Existing law requires a local agency to designate, by ordinance, moderate, high, and very high fire hazard severity zones in its jurisdiction within 120 days of receiving recommendations from the State Fire Marshal, as provided.
This bill would authorize a city, county, city and county, special district, or other local agency to submit to the department a wildfire preparedness plan to conduct wildfire preparedness activities on land designated as a fire hazard severity zone, as defined, that minimizes
98 impacts to wildlife and habitat for candidate, threatened, and endangered species. The bill would require the wildfire preparedness plan to include, among other things, a brief description of the planned wildfire preparedness activities, the approximate dates for the activities, and a description of the candidate, endangered, and threatened species within the plan area. The bill would authorize the department to impose a fee on a local agency for the cost of reviewing a wildfire preparedness plan submitted by that local agency, as specified. The bill would require the department, if sufficient information is included in the wildfire preparedness plan for the department to determine if an incidental take permit is required, to notify the local agency within 90 days of receipt of the wildfire preparedness plan if an incidental take permit or other permit is needed, or if there are other considerations, exemptions, or streamlined pathways that the wildfire preparedness activities qualify for, including, but not limited to, the State Board of Forestry and Fire Protection’s California Vegetation Treatment Program. The bill would require the department to provide the local agency, in its notification, with guidance that includes, among other things, a description of the candidate, endangered, and threatened species within the plan area and measures to avoid, minimize, and fully mitigate the take of the candidate, threatened, and endangered species, as provided. The bill would require the department, on or before July 1, 2026, to make a standard wildfire preparedness plan submission form publicly available on its internet website. The bill also would require the department, commencing January 1, 2027, to annually post on its internet website a summary of the wildfire preparedness plans submitted and include specified information in that summary.
This bill would require the department, upon an appropriation by the Legislature, in consultation with the Office of the State Fire Marshal, and using existing data and information collected by the department and the office, as specified, to develop maps identifying critical habitats within specified fire hazard severity zones, and to update the maps at least once every 5 years thereafter. The bill would require the maps to be made available to a city, county, city and county, special district, or other local agency, as provided.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
98 AB 846 — 2 —
The people of the State of California do enact as follows:
line 1 SECTION 1. Article 3.6 (commencing with Section 2089.01) line 2 is added to Chapter 1.5 of Division 3 of the Fish and Game Code, line 3 to read:
line 4
line 5 Article 3.6. Incidental Take Associated with Wildfire line 6 Preparedness Activities
line 7
line 8 2089.01. (a) The Legislature finds and declares the importance line 9 of undertaking wildfire preparedness activities to reduce the risk line 10 of catastrophic wildfire. It is the intent of the Legislature that this line 11 article provides for enhanced consultation and coordination line 12 between agencies seeking to implement vegetation management line 13 and other wildfire preparedness activities and the department in line 14 order to facilitate the subsequent application for and timely line 15 approval of any necessary incidental take permits required before line 16 undertaking the wildfire preparedness activities. line 17 (b) (1) A city, county, city and county, special district, or other line 18 local agency may submit to the department a wildfire preparedness line 19 plan to conduct wildfire preparedness activities on land designated line 20 as a fire hazard severity zone, pursuant to subdivision (a) of Section line 21 51179 of the Government Code or Section 4203 of the Public line 22 Resources Code, that minimizes impacts to wildlife and habitat line 23 for candidate, threatened, and endangered species. line 24 (2) The department may impose a fee on a local agency line 25 described in paragraph (1) for the cost of reviewing the wildfire line 26 preparedness plan submitted by that local agency, consistent with line 27 the department’s fee authority.
line 28 (c) A wildfire preparedness plan submitted pursuant to line 29 subdivision (b) shall include all of the following:
line 30 (1) The name and contact information of the participating local line 31 agency.
line 32 (2) A brief description of the planned wildfire preparedness line 33 activities, including a description of the lands within the fire hazard line 34 severity zone.
line 35 (3) The approximate dates for which wildfire preparedness line 36 activities are proposed to occur.
line 37 (4) A description of the candidate, endangered, and threatened line 38 species within the plan area.
98 — 3 — AB 846
line 1 (5) (A) A description of how the local agency is compliant with line 2 the California Environmental Quality Act (Division 13 line 3 (commencing with Section 21000) of the Public Resources Code), line 4 and any planned environmental mitigation or conservation line 5 measures the local agency plans to take.
line 6 (B) The planned environmental mitigation or conservation line 7 measures pursuant to paragraph subparagraph (A) shall include, line 8 as applicable, measures to avoid, minimize, and fully mitigate the line 9 take of candidate, endangered, and threatened species during the line 10 practices to be conducted under the wildfire preparedness plan. line 11 (d) (1) Within 90 days of receipt of the wildfire preparedness line 12 plan, the department shall, if sufficient information is included in line 13 the wildfire preparedness plan for the department to determine if line 14 an incidental take permit is required, notify the local agency if an line 15 incidental take permit or other permit is needed, or if there are line 16 other considerations, exemptions, or streamlined pathways that line 17 the wildfire preparedness activities qualify for, including, but not line 18 limited to, the State Board of Forestry and Fire Protection’s line 19 California Vegetation Treatment Program.
line 20 (2) The department shall provide the local agency with the line 21 following guidance, as applicable, in its notification:
line 22 (A) A description of candidate, endangered, and threatened line 23 species within the plan area.
line 24 (B) Measures to avoid, minimize, and fully mitigate the take of line 25 candidate, endangered, and threatened species during practices line 26 conducted under the plan.
line 27 (C) Any additional guidance to facilitate the completion and line 28 approval of a local agency’s application to the department for an line 29 incidental take permit pursuant to Section 2081. line 30 (3) The department shall consult with the State Board of Forestry line 31 and Fire Protection and the Department of Forestry and Fire line 32 Protection if technical assistance to evaluate a wildfire preparedness line 33 plan is needed.
line 34 (e) On or before July 1, 2026, the department shall make line 35 publicly available on its internet website a standard form for a line 36 local agency to use when submitting a wildfire preparedness plan line 37 pursuant to subdivision (b).
line 38 (f) (1) If the department determines any activities in a wildfire line 39 preparedness plan submitted pursuant to subdivision (b) require line 40 an incidental take permit, the department shall approve or deny 98 AB 846 — 4 —
line 1 the incidental take permit consistent with Section 2081 within 45 line 2 days of receiving a complete incidental take permit application line 3 from the local agency.
line 4 (2) An incidental take permit approved pursuant to this line 5 subdivision shall be for a term of no less than five years and shall line 6 be eligible for a permit renewal authorization by the department. line 7 (g) Commencing January 1, 2027, the department shall annually line 8 post a summary of wildfire preparedness plans submitted pursuant line 9 to subdivision (b) on its internet website, including, but not limited line 10 to, the status of the wildfire preparedness plans, information line 11 regarding which regions of the state the wildfire preparedness line 12 plans were received from, the dates when the wildfire preparedness line 13 plans were submitted, the number of incidental take permits issued line 14 pursuant to this section, and a summary of the other considerations, line 15 exemptions, or streamlined pathways local agencies were advised line 16 can be used to advance wildfire preparation activities. line 17 (h) This section does not preclude the department and a local line 18 agency from mutually agreeing to an extension of a timeline line 19 described in subdivision (d) or (f).
line 20 (i) For the purposes of this article, a “wildfire preparedness line 21 plan” means a plan designed by a local agency or jurisdiction that line 22 meets all of the following criteria:
line 23 (1) Protects communities from the threat of wildfire through line 24 vegetation management practices that, to the maximum extent line 25 practicable, avoid and minimize the take of candidate, endangered, line 26 and threatened species, while encouraging the enhancement of line 27 habitat.
line 28 (2) Is supported by the best available scientific information for line 29 both wildfire preparedness and conservation practices. line 30 (3) Is designed to provide sufficient flexibility to maximize line 31 participation and to gain the maximum protection of life and line 32 property from the threat of wildfire without compromising wildlife line 33 benefits.
line 34 2089.02. (a) (1) Upon an appropriation by the Legislature line 35 for this purpose, in consultation with the Office of the State Fire line 36 Marshal, and using existing data and information collected by the line 37 department and the Office of the State Fire Marshal, including, line 38 but not limited to, the State Board of Forestry and Fire Protection’s line 39 California Vegetation Treatment Program, the department shall line 40 develop maps identifying critical habitats within lands designated 98 — 5 — AB 846
line 1 as moderate, high, or very high fire hazard severity zones pursuant line 2 to subdivision (a) of Section 51179 of the Government Code and line 3 the fire hazard severity zones designated by regulation pursuant line 4 to Section 4203 of the Public Resources Code.
line 5 (2) The department shall update the maps developed pursuant line 6 to paragraph (1) at least once every five years. line 7 (b) The maps shall be made available to a city, county, city and line 8 county, special district, or other local agency for wildfire planning line 9 and preparedness purposes in order to protect life and property.
O
98 AB 846 — 6 —
AMENDED IN ASSEMBLY APRIL 24, 2025
AMENDED IN ASSEMBLY MARCH 28, 2025
california legislature—2025–26 regular session
ASSEMBLY BILL No. 650
Introduced by Assembly Member Papan
February 13, 2025
An act to amend Sections 65583, 65584, 65584.01, 65584.03, 65584.04, 65584.05, 65585, and 65589.5 and 65585 of the Government Code, relating to land use.
legislative counsel’s digest
AB 650, as amended, Papan. Planning and zoning: housing element:
regional housing needs allocation.
(1) 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, which includes, among other mandatory elements, a housing element. Existing law requires a public agency to administer its programs and activities relating to housing and community development in a manner to affirmatively further fair housing, and take no action that is materially inconsistent with its obligation to affirmatively further fair housing. Existing law defines “affirmatively furthering fair housing,” as provided.
The Planning and Zoning Law requires that a housing element include, among other things, a program that sets forth a schedule of actions during the planning period. Existing law requires the Department of Housing and Community Development to develop a standardized reporting format for programs and actions taken pursuant to the requirement to affirmatively further fair housing.
97 This bill would require the department to develop the above-described standardized reporting format on or before December 31, 2026. (2) Existing law requires, for the 4th and subsequent revisions of the housing element, the department to determine the existing and projected need for housing for each region, as specified. Existing law requires the department, in consultation with the council of governments, to determine the existing and projected need of housing for each region at least 2 years prior to the scheduled revision of the housing element, as provided. Existing law requires the department to meet and consult with the council of governments regarding the assumptions and methodology to be used to determine the region’s housing needs at least 26 months prior to the scheduled revision of the housing element, as provided.
This bill bill, except as specified, would extend the above-described timeline for the department to determine the existing and projected need of housing for each region from 2 years to 30 months 3 years prior to the scheduled revision of the housing element, and the above-described timeline to meet and consult with a council of governments from at least 26 months to at least 32 38 months prior to the scheduled revision of the housing element, respectively.
(3) Existing law authorizes at least 2 or more cities and a county, or counties, and at least 28 months prior to the scheduled housing element revision, to form a subregional entity to allocate the subregion’s existing and projected housing need among its members. If the council of governments does not receive a notification of this formation at least 28 months prior to the update, existing law requires the council of governments to implement specified requirements regarding the regional housing need process. Existing law requires the council of governments to determine the share of regional housing need assigned to each delegate subregion at least 25 months prior to the scheduled revision.
This bill would extend the above-described timeline for cities and counties to form a subregional entity to allocate the subregion’s housing need, as provided, from 28 months to 34 months, and the above-described timeline for the council of governments to determine the share of regional housing need assigned to each subregion from 25 months to 31 months, respectively.
(3)
(4) Existing law, at least 2 years before a scheduled revision of the housing element, as specified, requires each council of governments, or delegate subregion as applicable, to develop, in consultation with 97 AB 650 — 2 —
the department, a proposed methodology for distributing the existing and projected regional housing need to jurisdictions, as specified.
Existing law, at least 1 1⁄2 years before a scheduled revision of the housing element, as specified, requires each council of governments and delegate subregion, as applicable, to distribute a draft allocation of regional housing needs to each local government in the region or subregion, where applicable, and the department, as specified.
This bill, except with respect to the 7th housing element cycle for councils of governments with a housing element revision due date during the 2027 calendar year, would instead require that the above-described methodology be developed from at least 2 1⁄2 years before a scheduled revision of the housing element, and that the distribution of the draft allocation plan be made at least 2 years before a scheduled revision of the housing element, respectively. (4)
(5) Existing law requires a planning agency to submit a copy of its draft housing element or amendments to its housing element or housing element revision to the department for review, and requires the department to notify the city, county, or city and county with written findings if the department finds that the housing element or the amendment does not substantially comply with specified law. If the department finds that the draft housing element or draft amendment is not in substantial compliance, existing law requires the jurisdiction to either update the draft to substantially comply with specified law, or adopt the draft housing element or amendment without changes, as provided.
This bill would require the department, if the department finds that a draft element or draft amendment does not substantially comply, as described above, to (A) identify and explain the specific deficiencies in the draft element or draft amendment and (B) provide the specific analysis or text that the department expects the planning agency to include in the draft element or draft amendment to remedy those deficiencies, as specified. The bill would require a jurisdiction, in updating a noncompliant housing element or amendment under the above-described provisions, to include the specific analysis or text in its draft element or amendment. The bill would also exempt a jurisdiction from certain requirements to approve a so-called “builder’s remedy project” under specified law for the period during which the department is reviewing that jurisdiction’s updated draft element or draft amendment after submission of the updated element or amendment, 97 — 3 — AB 650
as described above, or for 90 days from the date the department notifies the planning agency of additional deficiencies with the draft, as provided. The bill would make various conforming changes in this regard.
(5)
(6) By imposing additional duties on local governments, this bill would create 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:
line 1 SECTION 1. Section 65583 of the Government Code is line 2 amended to read:
line 3 65583. The housing element shall consist of an identification line 4 and analysis of existing and projected housing needs and a line 5 statement of goals, policies, quantified objectives, financial line 6 resources, and scheduled programs for the preservation, line 7 improvement, and development of housing. The housing element line 8 shall identify adequate sites for housing, including rental housing, line 9 factory-built housing, mobilehomes, and emergency shelters, and line 10 shall make adequate provision for the existing and projected needs line 11 of all economic segments of the community. The housing element line 12 shall contain all of the following:
line 13 (a) An assessment of housing needs and an inventory of line 14 resources and constraints that are relevant to the meeting of these line 15 needs. The assessment and inventory shall include all of the line 16 following:
line 17 (1) An analysis of population and employment trends and line 18 documentation of projections and a quantification of the locality’s line 19 existing and projected housing needs for all income levels. These line 20 existing and projected needs shall include the locality’s share of line 21 the regional housing need in accordance with Section 65584. line 22 (2) An analysis and documentation of household characteristics, line 23 including level of payment compared to ability to pay, housing 97 AB 650 — 4 —
line 1 characteristics, including overcrowding, and housing stock line 2 condition.
line 3 (3) An inventory of land suitable and available for residential line 4 development, including vacant sites and sites having realistic and line 5 demonstrated potential for redevelopment during the planning line 6 period to meet the locality’s housing need for a designated income line 7 level, and an analysis of the relationship of zoning and public line 8 facilities and services to these sites, and an analysis of the line 9 relationship of the sites identified in the land inventory to the line 10 jurisdiction’s duty to affirmatively further fair housing. line 11 (4) (A) The identification of one or more zoning designations line 12 that allow residential uses, including mixed uses, where emergency line 13 shelters are allowed as a permitted use without a conditional use line 14 or other discretionary permit and that are suitable for residential line 15 uses. The identified zoning designations shall include sufficient line 16 sites meeting the requirements of subparagraph (H) with sufficient line 17 capacity, as described in subparagraph (I), to accommodate the line 18 need for emergency shelter identified in paragraph (7), except that line 19 each local government shall identify a zoning designation or line 20 designations that can accommodate at least one year-round line 21 emergency shelter. If the local government cannot identify a zoning line 22 designation or designations with sufficient capacity, the local line 23 government shall include a program to amend its zoning ordinance line 24 to meet the requirements of this paragraph within one year of the line 25 adoption of the housing element. The local government may line 26 identify additional zoning designations where emergency shelters line 27 are permitted with a conditional use permit. The local government line 28 shall also demonstrate that existing or proposed permit processing, line 29 development, and management standards that apply to emergency line 30 shelters are objective and encourage and facilitate the development line 31 of, or conversion to, emergency shelters.
line 32 (B) Emergency shelters shall only be subject to the following line 33 written, objective standards:
line 34 (i) The maximum number of beds or persons permitted to be line 35 served nightly by the facility.
line 36 (ii) Sufficient parking to accommodate all staff working in the line 37 emergency shelter, provided that the standards do not require more line 38 parking for emergency shelters than other residential or commercial line 39 uses within the same zone.
97 — 5 — AB 650
line 1 (iii) The size and location of exterior and interior onsite waiting line 2 and client intake areas.
line 3 (iv) The provision of onsite management.
line 4 (v) The proximity to other emergency shelters, provided that line 5 emergency shelters are not required to be more than 300 feet apart. line 6 (vi) The length of stay.
line 7 (vii) Lighting.
line 8 (viii) Security during hours that the emergency shelter is in line 9 operation.
line 10 (C) For purposes of this paragraph, “emergency shelter” shall line 11 include other interim interventions, including, but not limited to, line 12 a navigation center, bridge housing, and respite or recuperative line 13 care.
line 14 (D) The permit processing, development, and management line 15 standards applied under this paragraph shall not be deemed to be line 16 discretionary acts within the meaning of the California line 17 Environmental Quality Act (Division 13 (commencing with Section line 18 21000) of the Public Resources Code).
line 19 (E) If a local government has adopted written, objective line 20 standards pursuant to subparagraph (B), the local government shall line 21 include an analysis of the standards in the analysis of constraints line 22 pursuant to paragraph (5).
line 23 (F) A local government that can demonstrate, to the satisfaction line 24 of the department, the existence of one or more emergency shelters line 25 either within its jurisdiction or pursuant to a multijurisdictional line 26 agreement that can accommodate that jurisdiction’s need and the line 27 needs of the other jurisdictions that are a part of the agreement for line 28 emergency shelter identified in paragraph (7) may comply with line 29 the zoning requirements of subparagraph (A) by identifying a line 30 zoning designation where new emergency shelters are allowed line 31 with a conditional use permit.
line 32 (G) A local government with an existing ordinance or ordinances line 33 that comply with this paragraph shall not be required to take line 34 additional action to identify zoning designations for emergency line 35 shelters. The housing element must only describe how existing line 36 ordinances, policies, and standards are consistent with the line 37 requirements of this paragraph.
line 38 (H) The zoning designation or designations where emergency line 39 shelters are allowed, as described in subparagraph (A), shall include line 40 sites that meet at least one of the following standards:
97 AB 650 — 6 —
line 1 (i) Vacant sites zoned for residential use.
line 2 (ii) Vacant sites zoned for nonresidential use that allow line 3 residential development, if the local government can demonstrate line 4 how the sites with this zoning designation that are being used to line 5 satisfy the requirements of paragraph (1) are located near amenities line 6 and services that serve people experiencing homelessness, which line 7 may include health care, transportation, retail, employment, and line 8 social services, or that the local government will provide free line 9 transportation to services or offer services onsite. line 10 (iii) Nonvacant sites zoned for residential use or for line 11 nonresidential use that allow residential development that are line 12 suitable for use as a shelter in the current planning period, or which line 13 can be redeveloped for use as a shelter in the current planning line 14 period. A nonvacant site with an existing use shall be presumed line 15 to impede emergency shelter development absent an analysis based line 16 on substantial evidence that the use is likely to be discontinued line 17 during the planning period. The analysis shall consider current line 18 market demand for the current uses, market conditions, and line 19 incentives or standards to encourage shelter development. line 20 (I) The zoning designation or designations shall have sufficient line 21 sites meeting the requirements of subparagraph (H) to line 22 accommodate the need for shelters identified pursuant to paragraph line 23 (7). The number of people experiencing homelessness that can be line 24 accommodated on any site shall be demonstrated by dividing the line 25 square footage of the site by a minimum of 200 square feet per line 26 person, unless the locality can demonstrate that one or more line 27 shelters were developed on sites that have fewer square feet per line 28 person during the prior planning period or the locality provides line 29 similar evidence to the department demonstrating that the site can line 30 accommodate more people experiencing homelessness. Any line 31 standard applied pursuant to this subparagraph is intended only line 32 for calculating site capacity pursuant to this section, and shall not line 33 be construed as establishing a development standard applicable to line 34 the siting, development, or approval of a shelter. line 35 (J) Notwithstanding subparagraph (H), a local government may line 36 accommodate the need for emergency shelters identified pursuant line 37 to paragraph (7) on sites owned by the local government if it line 38 demonstrates with substantial evidence that the sites will be made line 39 available for emergency shelter during the planning period, they line 40 are suitable for residential use, and the sites are located near 97 — 7 — AB 650
line 1 amenities and services that serve people experiencing line 2 homelessness, which may include health care, transportation, retail, line 3 employment, and social services, or that the local government will line 4 provide free transportation to services or offer services onsite. line 5 (5) An analysis of potential and actual governmental constraints line 6 upon the maintenance, improvement, or development of housing line 7 for all income levels, including the types of housing identified in line 8 paragraph (1) of subdivision (c), and for persons with disabilities line 9 as identified in the analysis pursuant to paragraph (7), including line 10 land use controls, building codes and their enforcement, site line 11 improvements, fees, and other exactions required of developers, line 12 local processing and permit procedures, historic preservation line 13 practices and policies and an assessment of how existing and line 14 proposed historic designations affect the locality’s ability to meet line 15 its share of the housing need pursuant to paragraph (1), and any line 16 locally adopted ordinances that directly impact the cost and supply line 17 of residential development. The analysis shall also demonstrate line 18 local efforts to remove governmental constraints that hinder the line 19 locality from meeting its share of the regional housing need in line 20 accordance with Section 65584 and from meeting the need for line 21 housing for persons with disabilities, supportive housing, line 22 transitional housing, and emergency shelters identified pursuant line 23 to paragraph (7).
line 24 (6) An analysis of potential and actual nongovernmental line 25 constraints upon the maintenance, improvement, or development line 26 of housing for all income levels, including the availability of line 27 financing, the price of land, the cost of construction, the requests line 28 to develop housing at densities below those anticipated in the line 29 analysis required by subdivision (c) of Section 65583.2, and the line 30 length of time between receiving approval for a housing line 31 development and submittal of an application for building permits line 32 for that housing development that hinder the construction of a line 33 locality’s share of the regional housing need in accordance with line 34 Section 65584. The analysis shall also demonstrate local efforts line 35 to remove nongovernmental constraints that create a gap between line 36 the locality’s planning for the development of housing for all line 37 income levels and the construction of that housing. line 38 (7) (A) An analysis of any special housing needs, such as those line 39 of the elderly; persons with disabilities, including a developmental line 40 disability, as defined in Section 4512 of the Welfare and 97 AB 650 — 8 —
line 1 Institutions Code; extremely low income households; large line 2 families; farmworkers; families with female heads of households; line 3 and families and persons in need of emergency shelter. The need line 4 for emergency shelter shall be assessed based on the capacity line 5 necessary to accommodate the most recent homeless point-in-time line 6 count conducted before the start of the planning period, the need line 7 for emergency shelter based on number of beds available on a line 8 year-round and seasonal basis, the number of shelter beds that go line 9 unused on an average monthly basis within a one-year period, and line 10 the percentage of those in emergency shelters that move to line 11 permanent housing solutions. The need for emergency shelter may line 12 be reduced by the number of supportive housing units that are line 13 identified in an adopted 10-year plan to end chronic homelessness line 14 and that are either vacant or for which funding has been identified line 15 to allow construction during the planning period. An analysis of line 16 special housing needs by a city or county may include an analysis line 17 of the need for frequent user coordinated care housing services. line 18 (B) For the seventh and subsequent revisions of the housing line 19 element, the analysis required in subparagraph (A) shall also line 20 include an analysis of the housing needs of acutely and extremely line 21 low income households.
line 22 (8) An analysis of opportunities for energy conservation with line 23 respect to residential development. Cities and counties are line 24 encouraged to include weatherization and energy efficiency line 25 improvements as part of publicly subsidized housing rehabilitation line 26 projects. This may include energy efficiency measures that line 27 encompass the building envelope, its heating and cooling systems, line 28 and its electrical system.
line 29 (9) An analysis of existing assisted housing developments that line 30 are eligible to change from low-income housing uses during the line 31 next 10 years due to termination of subsidy contracts, mortgage line 32 prepayment, or expiration of restrictions on use. “Assisted housing line 33 developments,” for the purpose of this section, shall mean line 34 multifamily rental housing that receives governmental assistance line 35 under federal programs listed in subdivision (a) of Section line 36 65863.10, state and local multifamily revenue bond programs, line 37 local redevelopment programs, the federal Community line 38 Development Block Grant Program, or local in-lieu fees. “Assisted line 39 housing developments” shall also include multifamily rental units line 40 that were developed pursuant to a local inclusionary housing 97 — 9 — AB 650
line 1 program or used to qualify for a density bonus pursuant to Section line 2 65916.
line 3 (A) The analysis shall include a listing of each development by line 4 project name and address, the type of governmental assistance line 5 received, the earliest possible date of change from low-income line 6 use, and the total number of elderly and nonelderly units that could line 7 be lost from the locality’s low-income housing stock in each year line 8 during the 10-year period. For purposes of state and federally line 9 funded projects, the analysis required by this subparagraph need line 10 only contain information available on a statewide basis. line 11 (B) The analysis shall estimate the total cost of producing new line 12 rental housing that is comparable in size and rent levels, to replace line 13 the units that could change from low-income use, and an estimated line 14 cost of preserving the assisted housing developments. This cost line 15 analysis for replacement housing may be done aggregately for line 16 each five-year period and does not have to contain a line 17 project-by-project cost estimate.
line 18 (C) The analysis shall identify public and private nonprofit line 19 corporations known to the local government that have legal and line 20 managerial capacity to acquire and manage these housing line 21 developments.
line 22 (D) The analysis shall identify and consider the use of all federal, line 23 state, and local financing and subsidy programs that can be used line 24 to preserve, for lower income households, the assisted housing line 25 developments, identified in this paragraph, including, but not line 26 limited to, federal Community Development Block Grant Program line 27 funds, tax increment funds received by a redevelopment agency line 28 of the community, and administrative fees received by a housing line 29 authority operating within the community. In considering the use line 30 of these financing and subsidy programs, the analysis shall identify line 31 the amounts of funds under each available program that have not line 32 been legally obligated for other purposes and that could be line 33 available for use in preserving assisted housing developments. line 34 (b) (1) A statement of the community’s goals, quantified line 35 objectives, and policies relative to affirmatively furthering fair line 36 housing and to the maintenance, preservation, improvement, and line 37 development of housing.
line 38 (2) It is recognized that the total housing needs identified line 39 pursuant to subdivision (a) may exceed available resources and line 40 the community’s ability to satisfy this need within the content of 97 AB 650 — 10 —
line 1 the general plan requirements outlined in Article 5 (commencing line 2 with Section 65300). Under these circumstances, the quantified line 3 objectives need not be identical to the total housing needs. The line 4 quantified objectives shall establish the maximum number of line 5 housing units by income category that can be constructed, line 6 rehabilitated, and conserved over a five-year time period. line 7 (c) A program that sets forth a schedule of actions during the line 8 planning period, each with a timeline for implementation, that may line 9 recognize that certain programs are ongoing, such that there will line 10 be beneficial impacts of the programs within the planning period, line 11 that the local government is undertaking or intends to undertake line 12 to implement the policies and achieve the goals and objectives of line 13 the housing element through the administration of land use and line 14 development controls, the provision of regulatory concessions and line 15 incentives, the utilization of appropriate federal and state financing line 16 and subsidy programs when available, and the utilization of moneys line 17 in a low- and moderate-income housing fund of an agency if the line 18 locality has established a redevelopment project area pursuant to line 19 the Community Redevelopment Law (Division 24 (commencing line 20 with Section 33000) of the Health and Safety Code). In order to line 21 make adequate provision for the housing needs of all economic line 22 segments of the community, the program shall do all of the line 23 following:
line 24 (1) Identify actions that will be taken to make sites available line 25 during the planning period with appropriate zoning and line 26 development standards and with services and facilities to line 27 accommodate that portion of the city’s or county’s share of the line 28 regional housing need for all income levels that could not be line 29 accommodated on sites identified in the inventory completed line 30 pursuant to paragraph (3) of subdivision (a) without rezoning, and line 31 to comply with the requirements of Section 65584.09. Sites shall line 32 be identified as needed to affirmatively further fair housing and line 33 to facilitate and encourage the development of a variety of types line 34 of housing for all income levels, including multifamily rental line 35 housing, factory-built housing, mobilehomes, housing for line 36 agricultural employees, supportive housing, single-room occupancy line 37 units, emergency shelters, and transitional housing. line 38 (A) Where the inventory of sites, pursuant to paragraph (3) of line 39 subdivision (a), does not identify adequate sites to accommodate line 40 the need for groups of all household income levels pursuant to 97 — 11 — AB 650
line 1 Section 65584, a program for rezoning of those sites, subject to line 2 the following deadlines:
line 3 (i) For the adoption of the sixth revision of the housing element, line 4 jurisdictions with an eight-year housing element planning period line 5 pursuant to Section 65588, including adoption of minimum density line 6 and development standards or, for a jurisdiction in the coastal zone, line 7 any necessary local coastal program amendments related to land line 8 use designations, changes in intensity of land use, zoning line 9 ordinances, or zoning district maps, consistent with Sections 30512, line 10 30512.2, 30513, and 30514 of the Public Resources Code, shall line 11 be completed no later than three years after either the date the line 12 housing element is adopted pursuant to subdivision (f) of Section line 13 65585 or the date that is 90 days after receipt of comments from line 14 the department pursuant to subdivision (b) of Section 65585, line 15 whichever is earlier, unless the deadline is extended pursuant to line 16 subdivision (f). Notwithstanding the foregoing, for a local line 17 government that fails to adopt a housing element that the line 18 department has found to be in substantial compliance with this line 19 article within 120 days of the statutory deadline in Section 65588 line 20 for adoption of the housing element, rezoning of those sites, line 21 including adoption of minimum density and development standards line 22 or, for a jurisdiction in the coastal zone, any necessary local coastal line 23 program amendments related to land use designations, changes in line 24 intensity of land use, zoning ordinances, or zoning district maps, line 25 consistent with Sections 30512, 30512.2, 30513, and 30514 of the line 26 Public Resources Code, shall be completed no later than one year line 27 from the statutory deadline in Section 65588 for adoption of the line 28 housing element.
line 29 (ii) For adoption of the seventh and all subsequent revisions of line 30 the housing element, rezonings shall be completed no later than line 31 one year from the statutory deadline in Section 65588 for adoption line 32 of the housing element.
line 33 (iii) Notwithstanding clause (ii), for the adoption of the seventh line 34 and all subsequent revisions of the housing element, rezonings line 35 shall be completed no later than three years and 90 days after the line 36 statutory deadline in Section 65588 for adoption of the housing line 37 element, unless the deadline is extended pursuant to subdivision line 38 (f). This clause shall apply only if the local government complies line 39 with all of the following:
97 AB 650 — 12 —
line 1 (I) The local government submits a draft element or draft line 2 amendment to the department for review pursuant to paragraph line 3 (1) of subdivision (b) of Section 65585 at least 90 days before the line 4 statutory deadline established in Section 65588 for adoption of the line 5 housing element.
line 6 (II) The local government receives from the department findings line 7 that the draft element or draft amendment substantially complies line 8 with this article pursuant to paragraph (3) of subdivision (b) of line 9 Section 65585 on or before the statutory deadline set forth in line 10 Section 65588 for adoption of the housing element. line 11 (III) The local government adopts the draft element or draft line 12 amendment that the department found to substantially comply with line 13 this article no later than 120 days after the statutory deadline set line 14 forth in Section 65588.
line 15 (B) Where the inventory of sites, pursuant to paragraph (3) of line 16 subdivision (a), does not identify adequate sites to accommodate line 17 the need for groups of all household income levels pursuant to line 18 Section 65584, the program shall identify sites that can be line 19 developed for housing within the planning period pursuant to line 20 subdivision (h) of Section 65583.2. The identification of sites shall line 21 include all components specified in Section 65583.2. line 22 (C) Where the inventory of sites pursuant to paragraph (3) of line 23 subdivision (a) does not identify adequate sites to accommodate line 24 the need for farmworker housing, the program shall provide for line 25 sufficient sites to meet the need with zoning that permits line 26 farmworker housing use by right, including density and line 27 development standards that could accommodate and facilitate the line 28 feasibility of the development of farmworker housing for low- and line 29 very low income households.
line 30 (2) (A) Assist in the development of adequate housing to meet line 31 the needs of extremely low, very low, low-, and moderate-income line 32 households.
line 33 (B) For the seventh and subsequent revisions of the housing line 34 element, the program shall also assist in the development of line 35 adequate housing to meet the needs of acutely low income line 36 households.
line 37 (3) Address and, where appropriate and legally possible, remove line 38 governmental and nongovernmental constraints to the maintenance, line 39 improvement, and development of housing, including housing for line 40 all income levels and housing for persons with disabilities. The 97 — 13 — AB 650
line 1 program shall remove constraints to, and provide reasonable line 2 accommodations for housing designed for, intended for occupancy line 3 by, or with supportive services for, persons with disabilities. line 4 Transitional housing and supportive housing shall be considered line 5 a residential use of property and shall be subject only to those line 6 restrictions that apply to other residential dwellings of the same line 7 type in the same zone. Supportive housing, as defined in Section line 8 65650, shall be a use by right in all zones where multifamily and line 9 mixed uses are permitted, as provided in Article 11 (commencing line 10 with Section 65650).
line 11 (4) Conserve and improve the condition of the existing line 12 affordable housing stock, which may include addressing ways to line 13 mitigate the loss of dwelling units demolished by public or private line 14 action.
line 15 (5) Promote and affirmatively further fair housing opportunities line 16 and promote housing throughout the community or communities line 17 for all persons regardless of race, religion, sex, marital status, line 18 ancestry, national origin, color, familial status, or disability, and line 19 other characteristics protected by the California Fair Employment line 20 and Housing Act (Part 2.8 (commencing with Section 12900) of line 21 Division 3 of Title 2), Section 65008, and any other state and line 22 federal fair housing and planning law.
line 23 (6) Preserve for lower income households the assisted housing line 24 developments identified pursuant to paragraph (9) of subdivision line 25 (a). The program for preservation of the assisted housing line 26 developments shall utilize, to the extent necessary, all available line 27 federal, state, and local financing and subsidy programs identified line 28 in paragraph (9) of subdivision (a), except where a community has line 29 other urgent needs for which alternative funding sources are not line 30 available. The program may include strategies that involve local line 31 regulation and technical assistance.
line 32 (7) Develop a plan that incentivizes and promotes the creation line 33 of accessory dwelling units that can be offered at affordable rent, line 34 as defined in Section 50053 of the Health and Safety Code, for line 35 very low, low-, or moderate-income households. For purposes of line 36 this paragraph, “accessory dwelling units” has the same meaning line 37 as “accessory dwelling unit” as defined in subdivision (a) of line 38 Section 66313.
line 39 (8) Include an identification of the agencies and officials line 40 responsible for the implementation of the various actions and the 97 AB 650 — 14 —
line 1 means by which consistency will be achieved with other general line 2 plan elements and community goals.
line 3 (9) Include a diligent effort by the local government to achieve line 4 public participation of all economic segments of the community line 5 in the development of the housing element, and the program shall line 6 describe this effort.
line 7 (10) (A) Affirmatively further fair housing in accordance with line 8 Chapter 15 (commencing with Section 8899.50) of Division 1 of line 9 Title 2. The program shall include an assessment of fair housing line 10 in the jurisdiction that shall include all of the following line 11 components:
line 12 (i) A summary of fair housing issues in the jurisdiction and an line 13 assessment of the jurisdiction’s fair housing enforcement and fair line 14 housing outreach capacity.
line 15 (ii) An analysis of available federal, state, and local data and line 16 knowledge to identify integration and segregation patterns and line 17 trends, racially or ethnically concentrated areas of poverty and line 18 affluence, disparities in access to opportunity, and disproportionate line 19 housing needs, including displacement risk. The analysis shall line 20 identify and examine such patterns, trends, areas, disparities, and line 21 needs, both within the jurisdiction and comparing the jurisdiction line 22 to the region in which it is located, based on race and other line 23 characteristics protected by the California Fair Employment and line 24 Housing Act (Part 2.8 (commencing with Section 12900) of line 25 Division 3 of Title 2) and Section 65008.
line 26 (iii) An assessment of the contributing factors, including the line 27 local and regional historical origins and current policies and line 28 practices, for the fair housing issues identified under clauses (i) line 29 and (ii).
line 30 (iv) An identification of the jurisdiction’s fair housing priorities line 31 and goals, giving highest priority to those factors identified in line 32 clause (iii) that limit or deny fair housing choice or access to line 33 opportunity, or negatively impact fair housing or civil rights line 34 compliance, and identifying the metrics and milestones for line 35 determining what fair housing results will be achieved. line 36 (v) Strategies and actions to implement those priorities and line 37 goals, which may include, but are not limited to, enhancing line 38 mobility strategies and encouraging development of new affordable line 39 housing in areas of opportunity, as well as place-based strategies line 40 to encourage community revitalization, including preservation of 97 — 15 — AB 650
line 1 existing affordable housing, and protecting existing residents from line 2 displacement.
line 3 (B) A jurisdiction that completes or revises an assessment of line 4 fair housing pursuant to Subpart A (commencing with Section line 5 5.150) of Part 5 of Subtitle A of Title 24 of the Code of Federal line 6 Regulations, as published in Volume 80 of the Federal Register, line 7 Number 136, page 42272, dated July 16, 2015, or an analysis of line 8 impediments to fair housing choice in accordance with the line 9 requirements of Section 91.225 of Title 24 of the Code of Federal line 10 Regulations in effect before August 17, 2015, may incorporate line 11 relevant portions of that assessment or revised assessment of fair line 12 housing or analysis or revised analysis of impediments to fair line 13 housing into its housing element.
line 14 (C) (i) The requirements of this paragraph shall apply to housing line 15 elements due to be revised pursuant to Section 65588 on or after line 16 January 1, 2021.
line 17 (ii) The assessment required pursuant to this paragraph shall be line 18 completed before the planning agency makes its first draft revision line 19 of a housing element available for public comment pursuant to line 20 subdivision (b) of Section 65585.
line 21 (D) (i) On or before December 31, 2026, the department shall line 22 develop a standardized reporting format for programs and actions line 23 taken pursuant to this paragraph. The standardized reporting format line 24 shall enable the reporting of all of the assessment components line 25 listed in subparagraph (A) and, at a minimum, include all of the line 26 following fields:
line 27 (I) Timelines for implementation.
line 28 (II) Responsible party or parties.
line 29 (III) Resources committed from the local budget to affirmatively line 30 further fair housing.
line 31 (IV) Action areas.
line 32 (V) Potential impacts of the program.
line 33 (ii) A local government shall utilize the standardized report line 34 format developed pursuant to this subparagraph for the seventh line 35 and each subsequent revision of the housing element. line 36 (d) (1) A local government may satisfy all or part of its line 37 requirement to identify a zone or zones suitable for the line 38 development of emergency shelters pursuant to paragraph (4) of line 39 subdivision (a) by adopting and implementing a multijurisdictional line 40 agreement, with a maximum of two other adjacent communities, 97 AB 650 — 16 —
line 1 that requires the participating jurisdictions to develop at least one line 2 year-round emergency shelter within two years of the beginning line 3 of the planning period.
line 4 (2) The agreement shall allocate a portion of the new shelter line 5 capacity to each jurisdiction as credit toward its emergency shelter line 6 need, and each jurisdiction shall describe how the capacity was line 7 allocated as part of its housing element.
line 8 (3) Each member jurisdiction of a multijurisdictional agreement line 9 shall describe in its housing element all of the following:
line 10 (A) How the joint facility will meet the jurisdiction’s emergency line 11 shelter need.
line 12 (B) The jurisdiction’s contribution to the facility for both the line 13 development and ongoing operation and management of the line 14 facility.
line 15 (C) The amount and source of the funding that the jurisdiction line 16 contributes to the facility.
line 17 (4) The aggregate capacity claimed by the participating line 18 jurisdictions in their housing elements shall not exceed the actual line 19 capacity of the shelter.
line 20 (e) Except as otherwise provided in this article, amendments to line 21 this article that alter the required content of a housing element line 22 shall apply to both of the following:
line 23 (1) A housing element or housing element amendment prepared line 24 pursuant to subdivision (e) of Section 65588 or Section 65584.02, line 25 when a city, county, or city and county submits a draft to the line 26 department for review pursuant to Section 65585 more than 90 line 27 days after the effective date of the amendment to this section. line 28 (2) Any housing element or housing element amendment line 29 prepared pursuant to subdivision (e) of Section 65588 or Section line 30 65584.02, when the city, county, or city and county fails to submit line 31 the first draft to the department before the due date specified in line 32 Section 65588 or 65584.02.
line 33 (f) The deadline for completing required rezoning pursuant to line 34 subparagraph (A) of paragraph (1) of subdivision (c) shall be line 35 extended by one year if the local government has completed the line 36 rezoning at densities sufficient to accommodate at least 75 percent line 37 of the units for lower income households and if the legislative line 38 body at the conclusion of a public hearing determines, based upon line 39 substantial evidence, that any of the following circumstances exists:
97 — 17 — AB 650
line 1 (1) The local government has been unable to complete the line 2 rezoning because of the action or inaction beyond the control of line 3 the local government of any other state, federal, or local agency. line 4 (2) The local government is unable to complete the rezoning line 5 because of infrastructure deficiencies due to fiscal or regulatory line 6 constraints.
line 7 (3) The local government must undertake a major revision to line 8 its general plan in order to accommodate the housing-related line 9 policies of a sustainable communities strategy or an alternative line 10 planning strategy adopted pursuant to Section 65080. line 11 The resolution and the findings shall be transmitted to the line 12 department together with a detailed budget and schedule for line 13 preparation and adoption of the required rezonings, including plans line 14 for citizen participation and expected interim action. The schedule line 15 shall provide for adoption of the required rezoning within one year line 16 of the adoption of the resolution.
line 17 (g) (1) If a local government fails to complete the rezoning by line 18 the deadline provided in subparagraph (A) of paragraph (1) of line 19 subdivision (c), as it may be extended pursuant to subdivision (f), line 20 except as provided in paragraph (2), a local government may not line 21 disapprove a housing development project, nor require a line 22 conditional use permit, planned unit development permit, or other line 23 locally imposed discretionary permit, or impose a condition that line 24 would render the project infeasible, if the housing development line 25 project, (A) is proposed to be located on a site required to be line 26 rezoned pursuant to the program action required by that line 27 subparagraph and, (B) complies with applicable, objective general line 28 plan and zoning standards and criteria, including design review line 29 standards, described in the program action required by that line 30 subparagraph. Any subdivision of sites shall be subject to the line 31 Subdivision Map Act (Division 2 (commencing with Section line 32 66410)). Design review shall not constitute a “project” for purposes line 33 of Division 13 (commencing with Section 21000) of the Public line 34 Resources Code.
line 35 (2) A local government may disapprove a housing development line 36 described in paragraph (1) if it makes written findings supported line 37 by substantial evidence on the record that both of the following line 38 conditions exist:
line 39 (A) The housing development project would have a specific, line 40 adverse impact upon the public health or safety unless the project 97 AB 650 — 18 —
line 1 is disapproved or approved upon the condition that the project be line 2 developed at a lower density. As used in this paragraph, a “specific, line 3 adverse impact” means a significant, quantifiable, direct, and line 4 unavoidable impact, based on objective, identified written public line 5 health or safety standards, policies, or conditions as they existed line 6 on the date the application was deemed complete. line 7 (B) There is no feasible method to satisfactorily mitigate or line 8 avoid the adverse impact identified pursuant to paragraph (1), other line 9 than the disapproval of the housing development project or the line 10 approval of the project upon the condition that it be developed at line 11 a lower density.
line 12 (3) The applicant or any interested person may bring an action line 13 to enforce this subdivision. If a court finds that the local agency line 14 disapproved a project or conditioned its approval in violation of line 15 this subdivision, the court shall issue an order or judgment line 16 compelling compliance within 60 days. The court shall retain line 17 jurisdiction to ensure that its order or judgment is carried out. If line 18 the court determines that its order or judgment has not been carried line 19 out within 60 days, the court may issue further orders to ensure line 20 that the purposes and policies of this subdivision are fulfilled. In line 21 any such action, the city, county, or city and county shall bear the line 22 burden of proof.
line 23 (4) For purposes of this subdivision, “housing development line 24 project” means a project to construct residential units for which line 25 the project developer provides sufficient legal commitments to the line 26 appropriate local agency to ensure the continued availability and line 27 use of at least 49 percent of the housing units for very low, low-, line 28 and moderate-income households with an affordable housing cost line 29 or affordable rent, as defined in Section 50052.5 or 50053 of the line 30 Health and Safety Code, respectively, for the period required by line 31 the applicable financing.
line 32 (h) An action to enforce the program actions of the housing line 33 element shall be brought pursuant to Section 1085 of the Code of line 34 Civil Procedure.
line 35 (i) Notwithstanding any other law, the otherwise applicable line 36 timeframe set forth in paragraph (2) of subdivision (b) and line 37 subdivision (d) of Section 21080.3.1 of the Public Resources Code, line 38 and paragraph (3) of subdivision (d) of Section 21082.3 of the line 39 Public Resources Code, for a Native American tribe to respond to line 40 a lead agency and request consultation in writing is extended by 97 — 19 — AB 650
line 1 30 days for any housing development project application line 2 determined or deemed to be complete on or after March 4, 2020, line 3 and prior to December 31, 2021.
line 4 (j) On or after January 1, 2024, at the discretion of the line 5 department, the analysis of government constraints pursuant to line 6 paragraph (5) of subdivision (a) may include an analysis of line 7 constraints upon the maintenance, improvement, or development line 8 of housing for persons with a characteristic identified in subdivision line 9 (b) of Section 51 of the Civil Code. The implementation of this line 10 subdivision is contingent upon an appropriation by the Legislature line 11 in the annual Budget Act or another statute for this purpose. line 12 SEC. 2. Section 65584 of the Government Code is amended line 13 to read:
line 14 65584. (a) (1) For the fourth and subsequent revisions of the line 15 housing element pursuant to Section 65588, the department shall line 16 determine the existing and projected need for housing for each line 17 region pursuant to this article. For purposes of subdivision (a) of line 18 Section 65583, the share of a city or county of the regional housing line 19 need shall include that share of the housing need of persons at all line 20 income levels within the area significantly affected by the general line 21 plan of the city or county.
line 22 (2) It is the intent of the Legislature that cities, counties, and line 23 cities and counties should undertake all necessary actions to line 24 encourage, promote, and facilitate the development of housing to line 25 accommodate the entire regional housing need, and reasonable line 26 actions should be taken by local and regional governments to line 27 ensure that future housing production meets, at a minimum, the line 28 regional housing need established for planning purposes. These line 29 actions shall include applicable reforms and incentives in Section line 30 65582.1.
line 31 (3) The Legislature finds and declares that insufficient housing line 32 in job centers hinders the state’s environmental quality and runs line 33 counter to the state’s environmental goals. In particular, when line 34 Californians seeking affordable housing are forced to drive longer line 35 distances to work, an increased amount of greenhouse gases and line 36 other pollutants are released and puts in jeopardy the achievement line 37 of the state’s climate goals, as established pursuant to Section line 38 38566 of the Health and Safety Code, and clean air goals. line 39 (b) (1) (A) The department, in consultation with each council line 40 of governments, shall determine each region’s existing and 97 AB 650 — 20 —
line 1 projected housing need pursuant to Section 65584.01 at least 30 line 2 months three years prior to the scheduled revision required line 3 pursuant to Section 65588. The 65588, except in the following line 4 circumstances:
line 5 (i) For regions with a scheduled housing element revision due line 6 date in the 2027 calendar year, the department shall determine line 7 the region’s housing need at least two years before the scheduled line 8 revision.
line 9 (ii) For regions with a scheduled housing element revision due line 10 date in the 2028 calendar year or the first six months of the 2029 line 11 calendar year, the department shall determine the region’s housing line 12 need at least 32 months before the scheduled revision. line 13 (B) For cities and counties without a council of governments, line 14 the department shall determine each region’s existing and line 15 projected housing need pursuant to Section 65584.01 at least 30 line 16 months before the scheduled revision required pursuant to Section line 17 65588, except for cities and counties with a scheduled housing line 18 element revision due date in the 2027 calendar year or the first line 19 six months of the 2028 calendar year, the department shall line 20 determine their existing and projected housing need at least two line 21 years before the scheduled revision.
line 22 (2) The appropriate council of governments, or for cities and line 23 counties without a council of governments, the department, shall line 24 adopt a final regional housing need plan that allocates a share of line 25 the regional housing need to each city, county, or city and county line 26 at least one year prior to the scheduled revision for the region line 27 required by Section 65588. The allocation plan prepared by a line 28 council of governments shall be prepared pursuant to Sections line 29 65584.04 and 65584.05.
line 30 (c) Notwithstanding any other provision of law, the due dates line 31 for the determinations of the department or for the council of line 32 governments, respectively, regarding the regional housing need line 33 may be extended by the department by not more than 60 days if line 34 the extension will enable access to more recent critical population line 35 or housing data from a pending or recent release of the United line 36 States Census Bureau or the Department of Finance. If the due line 37 date for the determination of the department or the council of line 38 governments is extended for this reason, the department shall line 39 extend the corresponding housing element revision deadline line 40 pursuant to Section 65588 by not more than 60 days. 97 — 21 — AB 650
line 1 (d) The regional housing needs allocation plan shall further all line 2 of the following objectives:
line 3 (1) Increasing the housing supply and the mix of housing types, line 4 tenure, and affordability in all cities and counties within the region line 5 in an equitable manner, which shall result in each jurisdiction line 6 receiving an allocation of units for low- and very low income line 7 households. The regional housing needs allocation plan shall line 8 allocate units for extremely low- low and acutely low income line 9 households in a manner that is roughly proportional to, and within line 10 a range of 3 percent of, the housing need for very low income line 11 households.
line 12 (2) Promoting infill development and socioeconomic equity, line 13 the protection of environmental and agricultural resources, the line 14 encouragement of efficient development patterns, and the line 15 achievement of the region’s greenhouse gas reductions targets line 16 provided by the State Air Resources Board pursuant to Section line 17 65080.
line 18 (3) Promoting an improved intraregional relationship between line 19 jobs and housing, including an improved balance between the line 20 number of low-wage jobs and the number of housing units line 21 affordable to low-wage workers in each jurisdiction. line 22 (4) Allocating a lower proportion of housing need to an income line 23 category when a jurisdiction already has a disproportionately high line 24 share of households in that income category, as compared to the line 25 countywide distribution of households in that category from the line 26 most recent American Community Survey.
line 27 (5) Affirmatively furthering fair housing.
line 28 (e) For purposes of this section, “affirmatively furthering fair line 29 housing” means taking meaningful actions, in addition to line 30 combating discrimination, that overcome patterns of segregation line 31 and foster inclusive communities free from barriers that restrict line 32 access to opportunity based on protected characteristics. line 33 Specifically, affirmatively furthering fair housing means taking line 34 meaningful actions that, taken together, address significant line 35 disparities in housing needs and in access to opportunity, replacing line 36 segregated living patterns with truly integrated and balanced living line 37 patterns, transforming racially and ethnically concentrated areas line 38 of poverty into areas of opportunity, and fostering and maintaining line 39 compliance with civil rights and fair housing laws. 97 AB 650 — 22 —
line 1 (f) (1) Subject to paragraph (2), for purposes of this section line 2 with respect to revisions of the housing element through the sixth line 3 revision, “household income levels” are as determined by the line 4 department pursuant to the following code sections:
line 5 (A) Very low incomes, as defined by Section 50105 of the line 6 Health and Safety Code.
line 7 (B) Lower incomes, as defined by Section 50079.5 of the Health line 8 and Safety Code.
line 9 (C) Moderate incomes, as defined by Section 50093 of the line 10 Health and Safety Code.
line 11 (D) Above moderate incomes are those exceeding the line 12 moderate-income level of Section 50093 of the Health and Safety line 13 Code.
line 14 (2) For purposes of this section with respect to the seventh and line 15 subsequent revisions of the housing element, “household income line 16 levels” are as determined by the department in accordance with line 17 the definitions of acutely low, extremely low, very low, low, line 18 moderate, and above moderate income in Section 65582. line 19 (g) Notwithstanding any other provision of law, determinations line 20 made by the department, a council of governments, or a city or line 21 county pursuant to this section or Section 65584.01, 65584.02, line 22 65584.03, 65584.04, 65584.05, 65584.06, 65584.07, or 65584.08 line 23 are exempt from the California Environmental Quality Act line 24 (Division 13 (commencing with Section 21000) of the Public line 25 Resources Code).
line 26 SEC. 3. Section 65584.01 of the Government Code is amended line 27 to read:
line 28 65584.01. For the fourth and subsequent revision of the housing line 29 element pursuant to Section 65588, the department, in consultation line 30 with each council of governments, where applicable, shall line 31 determine the existing and projected need for housing for each line 32 region in the following manner:
line 33 (a) The department’s determination shall be based upon line 34 population projections produced by the Department of Finance line 35 and regional population forecasts used in preparing regional line 36 transportation plans, in consultation with each council of line 37 governments. If the total regional population forecast for the line 38 projection year, developed by the council of governments and used line 39 for the preparation of the regional transportation plan, is within a line 40 range of 1.5 percent of the total regional population forecast for 97 — 23 — AB 650
line 1 the projection year by the Department of Finance, then the line 2 population forecast developed by the council of governments shall line 3 be the basis from which the department determines the existing line 4 and projected need for housing in the region. If the difference line 5 between the total population projected by the council of line 6 governments and the total population projected for the region by line 7 the Department of Finance is greater than 1.5 percent, then the line 8 department and the council of governments shall meet to discuss line 9 variances in methodology used for population projections and seek line 10 agreement on a population projection for the region to be used as line 11 a basis for determining the existing and projected housing need line 12 for the region. If agreement is not reached, then the population line 13 projection for the region shall be the population projection for the line 14 region prepared by the Department of Finance as may be modified line 15 by the department as a result of discussions with the council of line 16 governments.
line 17 (b) (1) At least 32 38 months prior to the scheduled revision line 18 pursuant to Section 65588 and prior to developing the existing and line 19 projected housing need for a region, the department shall meet and line 20 consult with the council of governments regarding the assumptions line 21 and methodology to be used by the department to determine the line 22 region’s housing needs. needs, except for the seventh housing line 23 element cycle, for which the department shall meet and consult line 24 with the council of governments at least two months prior to line 25 developing the existing and projected housing need for a region line 26 pursuant to the timelines in subparagraph (A) of paragraph (1) line 27 of subdivision (b) of Section 65584. The council of governments line 28 shall provide data assumptions from the council’s projections, line 29 including, if available, the following data for the region:
line 30 (A) Anticipated household growth associated with projected line 31 population increases.
line 32 (B) Household size data and trends in household size. line 33 (C) The percentage of households that are overcrowded and the line 34 overcrowding rate for a comparable housing market. For purposes line 35 of this subparagraph:
line 36 (i) The term “overcrowded” means more than one resident per line 37 room in each room in a dwelling.
line 38 (ii) The term “overcrowded rate for a comparable housing line 39 market” means that the overcrowding rate is no more than the 97 AB 650 — 24 —
line 1 average overcrowding rate in comparable regions throughout the line 2 nation, as determined by the council of governments. line 3 (D) The rate of household formation, or headship rates, based line 4 on age, gender, ethnicity, or other established demographic line 5 measures.
line 6 (E) The vacancy rates in existing housing stock, and the vacancy line 7 rates for healthy housing market functioning and regional mobility, line 8 as well as housing replacement needs. For purposes of this line 9 subparagraph, the vacancy rate for a healthy rental housing market line 10 shall be considered no less than 5 percent.
line 11 (F) Other characteristics of the composition of the projected line 12 population.
line 13 (G) The relationship between jobs and housing, including any line 14 imbalance between jobs and housing.
line 15 (H) The percentage of households that are cost burdened and line 16 the rate of housing cost burden for a healthy housing market. For line 17 the purposes of this subparagraph:
line 18 (i) The term “cost burdened” means the share of very low, low-, line 19 moderate-, and above moderate-income households that are paying line 20 more than 30 percent of household income on housing costs. line 21 (ii) The term “rate of housing cost burden for a healthy housing line 22 market” means that the rate of households that are cost burdened line 23 is no more than the average rate of households that are cost line 24 burdened in comparable regions throughout the nation, as line 25 determined by the council of governments.
line 26 (I) The loss of units during a state of emergency that was line 27 declared by the Governor pursuant to the California Emergency line 28 Services Act (Chapter 7 (commencing with Section 8550) of line 29 Division 1 of Title 2), during the planning period immediately line 30 preceding the relevant revision pursuant to Section 65588 that line 31 have yet to be rebuilt or replaced at the time of the data request. line 32 (J) The housing needs of individuals and families experiencing line 33 homelessness.
line 34 (i) The data utilized by the council of governments shall align line 35 with homelessness data best practices as determined by the line 36 department.
line 37 (ii) Sources of homelessness data may include the Homeless line 38 Data Integration System administered by the Interagency Council line 39 on Homelessness, the homeless point-in-time count, or other line 40 sources deemed appropriate by the department.
97 — 25 — AB 650
line 1 (2) The department may accept or reject the information line 2 provided by the council of governments or modify its own line 3 assumptions or methodology based on this information. After line 4 consultation with the council of governments, the department shall line 5 make determinations in writing on the assumptions for each of the line 6 factors listed in subparagraphs (A) to (I), inclusive, of paragraph line 7 (1) and the methodology it shall use and shall provide these line 8 determinations to the council of governments. The methodology line 9 submitted by the department may make adjustments based on the line 10 region’s total projected households, which includes existing line 11 households as well as projected households.
line 12 (c) (1) After consultation with the council of governments, the line 13 department shall make a determination of the region’s existing line 14 and projected housing need based upon the assumptions and line 15 methodology determined pursuant to subdivision (b). The region’s line 16 existing and projected housing need shall reflect the achievement line 17 of a feasible balance between jobs and housing within the region line 18 using the regional employment projections in the applicable line 19 regional transportation plan. Within 30 days following notice of line 20 the determination from the department, the council of governments line 21 may file an objection to the department’s determination of the line 22 region’s existing and projected housing need with the department. line 23 (2) The objection shall be based on and substantiate either of line 24 the following:
line 25 (A) The department failed to base its determination on the line 26 population projection for the region established pursuant to line 27 subdivision (a), and shall identify the population projection which line 28 the council of governments believes should instead be used for the line 29 determination and explain the basis for its rationale. line 30 (B) The regional housing need determined by the department line 31 is not a reasonable application of the methodology and assumptions line 32 determined pursuant to subdivision (b). The objection shall include line 33 a proposed alternative determination of its regional housing need line 34 based upon the determinations made in subdivision (b), including line 35 analysis of why the proposed alternative would be a more line 36 reasonable application of the methodology and assumptions line 37 determined pursuant to subdivision (b).
line 38 (3) If a council of governments files an objection pursuant to line 39 this subdivision and includes with the objection a proposed line 40 alternative determination of its regional housing need, it shall also 97 AB 650 — 26 —
line 1 include documentation of its basis for the alternative determination. line 2 Within 45 days of receiving an objection filed pursuant to this line 3 section, the department shall consider the objection and make a line 4 final written determination of the region’s existing and projected line 5 housing need that includes an explanation of the information upon line 6 which the determination was made.
line 7 (4) In regions in which the department is required to distribute line 8 the regional housing need pursuant to Section 65584.06, no city line 9 or county may file an objection to the regional housing need line 10 determination.
line 11 (d) Statutory changes enacted after the date the department line 12 issued a final determination pursuant to this section shall not be a line 13 basis for a revision of the final determination. line 14 SEC. 4. Section 65584.03 of the Government Code is amended line 15 to read:
line 16 65584.03. (a) At least 28 34 months prior to the scheduled line 17 housing element update required by Section 65588, at least two line 18 or more cities and a county, or counties, may form a subregional line 19 entity for the purpose of allocation of the subregion’s existing and line 20 projected need for housing among its members in accordance with line 21 the allocation methodology established pursuant to Section line 22 65584.04. The purpose of establishing a subregion shall be to line 23 recognize the community of interest and mutual challenges and line 24 opportunities for providing housing within a subregion. A line 25 subregion formed pursuant to this section may include a single line 26 county and each of the cities in that county or any other line 27 combination of geographically contiguous local governments and line 28 shall be approved by the adoption of a resolution by each of the line 29 local governments in the subregion as well as by the council of line 30 governments. All decisions of the subregion shall be approved by line 31 vote as provided for in rules adopted by the local governments line 32 comprising the subregion or shall be approved by vote of the line 33 county or counties, if any, and the majority of the cities with the line 34 majority of population within a county or counties. line 35 (b) Upon formation of the subregional entity, the entity shall line 36 notify the council of governments of this formation. If the council line 37 of governments has not received notification from an eligible line 38 subregional entity at least 28 34 months prior to the scheduled line 39 housing element update required by Section 65588, the council of line 40 governments shall implement the provisions of Sections 65584 97 — 27 — AB 650
line 1 and 65584.04. The delegate subregion and the council of line 2 governments shall enter into an agreement that sets forth the line 3 process, timing, and other terms and conditions of the delegation line 4 of responsibility by the council of governments to the subregion. line 5 (c) At least 25 31 months prior to the scheduled revision, the line 6 council of governments shall determine the share of regional line 7 housing need assigned to each delegate subregion. The share or line 8 shares allocated to the delegate subregion or subregions by a line 9 council of governments shall be in a proportion consistent with line 10 the distribution of households assumed for the comparable time line 11 period of the applicable regional transportation plan. Prior to line 12 allocating the regional housing needs to any delegate subregion line 13 or subregions, the council of governments shall hold at least one line 14 public hearing, and may consider requests for revision of the line 15 proposed allocation to a subregion. If a proposed revision is line 16 rejected, the council of governments shall respond with a written line 17 explanation of why the proposed revised share has not been line 18 accepted.
line 19 (d) Each delegate subregion shall fully allocate its share of the line 20 regional housing need to local governments within its subregion. line 21 If a delegate subregion fails to complete the regional housing need line 22 allocation process among its member jurisdictions in a manner line 23 consistent with this article and with the delegation agreement line 24 between the subregion and the council of governments, the line 25 allocations to member jurisdictions shall be made by the council line 26 of governments.
line 27 SEC. 4.
line 28 SEC. 5. Section 65584.04 of the Government Code is amended line 29 to read:
line 30 65584.04. (a) At least two and one-half years before a line 31 scheduled revision required by Section 65588, each council of line 32 governments, or delegate subregion as applicable, shall develop, line 33 in consultation with the department, a proposed methodology for line 34 distributing the existing and projected regional housing need to line 35 cities, counties, and cities and counties within the region or within line 36 the subregion, where applicable pursuant to this section. The line 37 methodology shall further the objectives listed in subdivision (d) line 38 of Section 65584.
line 39 (b) (1) No more than six months before the development of a line 40 proposed methodology for distributing the existing and projected 97 AB 650 — 28 —
line 1 housing need, each council of governments shall survey each of line 2 its member jurisdictions to request, at a minimum, information line 3 regarding the factors listed in subdivision (e) that will allow the line 4 development of a methodology based upon the factors established line 5 in subdivision (e).
line 6 (2) With respect to the objective in paragraph (5) of subdivision line 7 (d) of Section 65584, the survey shall review and compile line 8 information that will allow the development of a methodology line 9 based upon the issues, strategies, and actions that are included, as line 10 available, in an Analysis of Impediments to Fair Housing Choice line 11 or an Assessment of Fair Housing completed by any city or county line 12 or the department that covers communities within the area served line 13 by the council of governments, and in housing elements adopted line 14 pursuant to this article by cities and counties within the area served line 15 by the council of governments.
line 16 (3) The council of governments shall seek to obtain the line 17 information in a manner and format that is comparable throughout line 18 the region and utilize readily available data to the extent possible. line 19 (4) The information provided by a local government pursuant line 20 to this section shall be used, to the extent possible, by the council line 21 of governments, or delegate subregion as applicable, as source line 22 information for the methodology developed pursuant to this section. line 23 The survey shall state that none of the information received may line 24 be used as a basis for reducing the total housing need established line 25 for the region pursuant to Section 65584.01.
line 26 (5) If the council of governments fails to conduct a survey line 27 pursuant to this subdivision, a city, county, or city and county may line 28 submit information related to the items listed in subdivision (e) line 29 before the public comment period provided for in subdivision (d). line 30 (c) The council of governments shall electronically report the line 31 results of the survey of fair housing issues, strategies, and actions line 32 compiled pursuant to paragraph (2) of subdivision (b). The report line 33 shall describe common themes and effective strategies employed line 34 by cities and counties within the area served by the council of line 35 governments, including common themes and effective strategies line 36 around avoiding the displacement of lower income households. line 37 The council of governments shall also identify significant barriers line 38 to affirmatively furthering fair housing at the regional level and line 39 may recommend strategies or actions to overcome those barriers. line 40 A council of governments or metropolitan planning organization, 97 — 29 — AB 650
line 1 as appropriate, may use this information for any other purpose, line 2 including publication within a regional transportation plan adopted line 3 pursuant to Section 65080 or to inform the land use assumptions line 4 that are applied in the development of a regional transportation line 5 plan.
line 6 (d) Public participation and access shall be required in the line 7 development of the methodology and in the process of drafting line 8 and adoption of the allocation of the regional housing needs. line 9 Participation by organizations other than local jurisdictions and line 10 councils of governments shall be solicited in a diligent effort to line 11 achieve public participation of all economic segments of the line 12 community as well as members of protected classes under Section line 13 12955 and households with special housing needs under paragraph line 14 (7) of subdivision (a) of Section 65583. The proposed line 15 methodology, along with any relevant underlying data and line 16 assumptions, an explanation of how information about local line 17 government conditions gathered pursuant to subdivision (b) has line 18 been used to develop the proposed methodology, how each of the line 19 factors listed in subdivision (e) is incorporated into the line 20 methodology, and how the proposed methodology furthers the line 21 objectives listed in subdivision (d) of Section 65584, shall be line 22 distributed to all cities, counties, any subregions, and members of line 23 the public who have made a written or electronic request for the line 24 proposed methodology and published on the council of line 25 governments’, or delegate subregion’s, internet website. The line 26 council of governments, or delegate subregion, as applicable, shall line 27 conduct at least one public hearing to receive oral and written line 28 comments on the proposed methodology.
line 29 (e) To the extent that sufficient data is available from local line 30 governments pursuant to subdivision (b) or other sources, each line 31 council of governments, or delegate subregion as applicable, shall line 32 consider including the following factors in developing the line 33 methodology that allocates regional housing needs:
line 34 (1) Each member jurisdiction’s existing and projected jobs and line 35 housing relationship. This shall include an estimate based on line 36 readily available data on the number of low-wage jobs within the line 37 jurisdiction and how many housing units within the jurisdiction line 38 are affordable to low-wage workers as well as an estimate based line 39 on readily available data, of projected job growth and projected 97 AB 650 — 30 —
line 1 household growth by income level within each member jurisdiction line 2 during the planning period.
line 3 (2) The opportunities and constraints to development of line 4 additional housing in each member jurisdiction, including all of line 5 the following:
line 6 (A) Lack of capacity for sewer or water service due to federal line 7 or state laws, regulations or regulatory actions, or supply and line 8 distribution decisions made by a sewer or water service provider line 9 other than the local jurisdiction that preclude the jurisdiction from line 10 providing necessary infrastructure for additional development line 11 during the planning period.
line 12 (B) The availability of land suitable for urban development or line 13 for conversion to residential use, the availability of underutilized line 14 land, and opportunities for infill development and increased line 15 residential densities. The council of governments may not limit line 16 its consideration of suitable housing sites or land suitable for urban line 17 development to existing zoning ordinances and land use restrictions line 18 of a locality, but shall consider the potential for increased line 19 residential development under alternative zoning ordinances and line 20 land use restrictions. The determination of available land suitable line 21 for urban development may exclude lands where the Federal line 22 Emergency Management Agency (FEMA) or the Department of line 23 Water Resources has determined that the flood management line 24 infrastructure designed to protect that land is not adequate to avoid line 25 the risk of flooding.
line 26 (C) Lands preserved or protected from urban development under line 27 existing federal or state programs, or both, designed to protect line 28 open space, farmland, environmental habitats, and natural resources line 29 on a long-term basis, including land zoned or designated for line 30 agricultural protection or preservation that is subject to a local line 31 ballot measure that was approved by the voters of that jurisdiction line 32 that prohibits or restricts conversion to nonagricultural uses. line 33 (D) County policies to preserve prime agricultural land, as line 34 defined pursuant to Section 56064, within an unincorporated area line 35 and land within an unincorporated area zoned or designated for line 36 agricultural protection or preservation that is subject to a local line 37 ballot measure that was approved by the voters of that jurisdiction line 38 that prohibits or restricts its conversion to nonagricultural uses. line 39 (E) Emergency evacuation route capacity, wildfire risk, sea line 40 level rise, and other impacts caused by climate change. 97 — 31 — AB 650
line 1 (3) The distribution of household growth assumed for purposes line 2 of a comparable period of regional transportation plans and line 3 opportunities to maximize the use of public transportation and line 4 existing transportation infrastructure.
line 5 (4) Agreements between a county and cities in a county to direct line 6 growth toward incorporated areas of the county and land within line 7 an unincorporated area zoned or designated for agricultural line 8 protection or preservation that is subject to a local ballot measure line 9 that was approved by the voters of the jurisdiction that prohibits line 10 or restricts conversion to nonagricultural uses. line 11 (5) The loss of units contained in assisted housing developments, line 12 as defined in paragraph (9) of subdivision (a) of Section 65583, line 13 that changed to non-low-income use through mortgage prepayment, line 14 subsidy contract expirations, or termination of use restrictions. line 15 (6) The percentage of existing households at each of the income line 16 levels listed in subdivision (f) of Section 65584 that are paying line 17 more than 30 percent and more than 50 percent of their income in line 18 rent.
line 19 (7) The rate of overcrowding.
line 20 (8) The housing needs of farmworkers.
line 21 (9) The housing needs generated by the presence of a private line 22 university or a campus of the California State University or the line 23 University of California within any member jurisdiction. line 24 (10) The housing needs of individuals and families experiencing line 25 homelessness. If a council of governments has surveyed each of line 26 its member jurisdictions pursuant to subdivision (b) on or before line 27 January 1, 2020, this paragraph shall apply only to the development line 28 of methodologies for the seventh and subsequent revisions of the line 29 housing element.
line 30 (11) The loss of units during a state of emergency that was line 31 declared by the Governor pursuant to the California Emergency line 32 Services Act (Chapter 7 (commencing with Section 8550) of line 33 Division 1 of Title 2), during the planning period immediately line 34 preceding the relevant revision pursuant to Section 65588 that line 35 have yet to be rebuilt or replaced at the time of the analysis. line 36 (12) The region’s greenhouse gas emissions targets provided line 37 by the State Air Resources Board pursuant to Section 65080. line 38 (13) Any other factors adopted by the council of governments, line 39 that further the objectives listed in subdivision (d) of Section line 40 65584, provided that the council of governments specifies which 97 AB 650 — 32 —
line 1 of the objectives each additional factor is necessary to further. The line 2 council of governments may include additional factors unrelated line 3 to furthering the objectives listed in subdivision (d) of Section line 4 65584 so long as the additional factors do not undermine the line 5 objectives listed in subdivision (d) of Section 65584 and are applied line 6 equally across all household income levels as described in line 7 subdivision (f) of Section 65584 and the council of governments line 8 makes a finding that the factor is necessary to address significant line 9 health and safety conditions.
line 10 (f) The council of governments, or delegate subregion, as line 11 applicable, shall explain in writing how each of the factors line 12 described in subdivision (e) was incorporated into the methodology line 13 and how the methodology furthers the objectives listed in line 14 subdivision (d) of Section 65584. The methodology may include line 15 numerical weighting. This information, and any other supporting line 16 materials used in determining the methodology, shall be posted line 17 on the council of governments’, or delegate subregion’s, internet line 18 website.
line 19 (g) The following criteria shall not be a justification for a line 20 determination or a reduction in a jurisdiction’s share of the regional line 21 housing need:
line 22 (1) Any ordinance, policy, voter-approved measure, or standard line 23 of a city or county that directly or indirectly limits the number of line 24 residential building permits issued by a city or county. line 25 (2) Prior underproduction of housing in a city or county from line 26 the previous regional housing need allocation, as determined by line 27 each jurisdiction’s annual production report submitted pursuant line 28 to subparagraph (H) of paragraph (2) of subdivision (a) of Section line 29 65400.
line 30 (3) Stable population numbers in a city or county from the line 31 previous regional housing needs cycle.
line 32 (h) Following the conclusion of the public comment period line 33 described in subdivision (d) on the proposed allocation line 34 methodology, and after making any revisions deemed appropriate line 35 by the council of governments, or delegate subregion, as applicable, line 36 as a result of comments received during the public comment period, line 37 and as a result of consultation with the department, each council line 38 of governments, or delegate subregion, as applicable, shall publish line 39 a draft allocation methodology on its internet website and submit 97 — 33 — AB 650
line 1 the draft allocation methodology, along with the information line 2 required pursuant to subdivision (e), to the department. line 3 (i) Within 60 days, the department shall review the draft line 4 allocation methodology and report its written findings to the line 5 council of governments, or delegate subregion, as applicable. In line 6 its written findings the department shall determine whether the line 7 methodology furthers the objectives listed in subdivision (d) of line 8 Section 65584. If the department determines that the methodology line 9 is not consistent with subdivision (d) of Section 65584, the council line 10 of governments, or delegate subregion, as applicable, shall take line 11 one of the following actions:
line 12 (1) Revise the methodology to further the objectives listed in line 13 subdivision (d) of Section 65584 and adopt a final regional, or line 14 subregional, housing need allocation methodology. line 15 (2) Adopt the regional, or subregional, housing need allocation line 16 methodology without revisions and include within its resolution line 17 of adoption findings, supported by substantial evidence, as to why line 18 the council of governments, or delegate subregion, believes that line 19 the methodology furthers the objectives listed in subdivision (d) line 20 of Section 65584 despite the findings of the department. line 21 (j) If the department’s findings are not available within the time line 22 limits set by subdivision (i), the council of governments, or delegate line 23 subregion, may act without them.
line 24 (k) Upon either action pursuant to subdivision (i), the council line 25 of governments, or delegate subregion, shall provide notice of the line 26 adoption of the methodology to the jurisdictions within the region, line 27 or delegate subregion, as applicable, and to the department, and line 28 shall publish the adopted allocation methodology, along with its line 29 resolution and any adopted written findings, on its internet website. line 30 (l) The department may, within 45 days, review the adopted line 31 methodology and report its findings to the council of governments, line 32 or delegate subregion.
line 33 (m) (1) It is the intent of the Legislature that housing planning line 34 be coordinated and integrated with the regional transportation plan. line 35 To achieve this goal, the allocation plan shall allocate housing line 36 units within the region consistent with the development pattern line 37 included in the sustainable communities strategy. line 38 (2) (A) The final allocation plan shall ensure that the total line 39 regional housing need, by income category, as determined under line 40 Section 65584, is maintained, and that each jurisdiction in the 97 AB 650 — 34 —
line 1 region receive an allocation of units for low- and very low income line 2 households.
line 3 (B) For the seventh and subsequent revisions of the housing line 4 element, the allocation to each region required under subparagraph line 5 (A) shall also include an allocation of units for acutely low and line 6 extremely low income households.
line 7 (3) The resolution approving the final housing need allocation line 8 plan shall demonstrate that the plan is consistent with the line 9 sustainable communities strategy in the regional transportation line 10 plan and furthers the objectives listed in subdivision (d) of Section line 11 65584.
line 12 (n) This section shall become operative on January 1, 2025. line 13 (o) For the seventh housing element cycle, the changes to this line 14 section made by the act adding this subdivision shall not apply to line 15 councils of governments with a housing element revision due date line 16 during the 2027 calendar year.
line 17 SEC. 5.
line 18 SEC. 6. Section 65584.05 of the Government Code is amended line 19 to read:
line 20 65584.05. (a) At least two years before the scheduled revision line 21 required by Section 65588, each council of governments and line 22 delegate subregion, as applicable, shall distribute a draft allocation line 23 of regional housing needs to each local government in the region line 24 or subregion, where applicable, and the department, based on the line 25 methodology adopted pursuant to Section 65584.04 and shall line 26 publish the draft allocation on its internet website. The council of line 27 governments may additionally distribute the draft allocation plan line 28 upon adoption of the final methodology reviewed and accepted line 29 by the department pursuant to paragraph (2) of subdivision (i) of line 30 Section 65584.04. The draft allocation shall include the underlying line 31 data and methodology on which the allocation is based, and a line 32 statement as to how it furthers the objectives listed in subdivision line 33 (d) of Section 65584. It is the intent of the Legislature that the draft line 34 allocation should be distributed before the completion of the update line 35 of the applicable regional transportation plan. The draft allocation line 36 shall distribute to localities and subregions, if any, within the region line 37 the entire regional housing need determined pursuant to Section line 38 65584.01 or within subregions, as applicable, the subregion’s entire line 39 share of the regional housing need determined pursuant to Section line 40 65584.03.
97 — 35 — AB 650
line 1 (b) Within 30 days following receipt of the draft allocation, a line 2 local government within the region or the delegate subregion, as line 3 applicable, or the department may appeal to the council of line 4 governments or the delegate subregion for a revision of the share line 5 of the regional housing need proposed to be allocated to one or line 6 more local governments. Appeals shall be based upon comparable line 7 data available for all affected jurisdictions and accepted planning line 8 methodology, and supported by adequate documentation, and shall line 9 include a statement as to why the revision is necessary to further line 10 the intent of the objectives listed in subdivision (d) of Section line 11 65584. An appeal pursuant to this subdivision shall be consistent line 12 with, and not to the detriment of, the development pattern in an line 13 applicable sustainable communities strategy developed pursuant line 14 to paragraph (2) of subdivision (b) of Section 65080. Appeals shall line 15 be limited to any of the following circumstances:
line 16 (1) The council of governments or delegate subregion, as line 17 applicable, failed to adequately consider the information submitted line 18 pursuant to subdivision (b) of Section 65584.04. line 19 (2) The council of governments or delegate subregion, as line 20 applicable, failed to determine the share of the regional housing line 21 need in accordance with the information described in, and the line 22 methodology established pursuant to, Section 65584.04, and in a line 23 manner that furthers, and does not undermine, the intent of the line 24 objectives listed in subdivision (d) of Section 65584. line 25 (3) A significant and unforeseen change in circumstances has line 26 occurred in the local jurisdiction or jurisdictions that merits a line 27 revision of the information submitted pursuant to subdivision (b) line 28 of Section 65584.04. Appeals on this basis shall only be made by line 29 the jurisdiction or jurisdictions where the change in circumstances line 30 has occurred.
line 31 (c) At the close of the period for filing appeals pursuant to line 32 subdivision (b), the council of governments or delegate subregion, line 33 as applicable, shall notify all other local governments within the line 34 region or delegate subregion and the department of all appeals and line 35 shall make all materials submitted in support of each appeal line 36 available on a publicly available internet website. Local line 37 governments and the department may, within 45 days, comment line 38 on one or more appeals. If no appeals are filed, the draft allocation line 39 may be adopted pursuant to subdivision (g).
97 AB 650 — 36 —
line 1 (d) No later than 30 days after the close of the comment period, line 2 and after providing all local governments within the region or line 3 delegate subregion, as applicable, at least 10 days prior notice, the line 4 council of governments or delegate subregion shall conduct one line 5 public hearing to consider all appeals filed pursuant to subdivision line 6 (b) and all comments received pursuant to subdivision (c). line 7 (e) No later than 45 days after the public hearing pursuant to line 8 subdivision (d), the council of governments or delegate subregion, line 9 as applicable, shall do all of the following:
line 10 (1) Make a final determination that either accepts, rejects, or line 11 modifies each appeal for a revised share filed pursuant to line 12 subdivision (b). Final determinations shall be based upon the line 13 information and methodology described in Section 65584.04 and line 14 whether the revision is necessary to further the objectives listed line 15 in subdivision (d) of Section 65584. The final determination shall line 16 be in writing and shall include written findings as to how the line 17 determination is consistent with this article. The final determination line 18 on an appeal may require the council of governments or delegate line 19 subregion, as applicable, to adjust the share of the regional housing line 20 need allocated to one or more local governments that are not the line 21 subject of an appeal.
line 22 (2) Issue a proposed final allocation plan.
line 23 (3) Submit the proposed final allocation plan to the department. line 24 (4) Set a date for a public hearing to adopt a final allocation line 25 plan pursuant to subdivision (g).
line 26 (f) In the proposed final allocation plan, the council of line 27 governments or delegate subregion, as applicable, shall adjust line 28 allocations to local governments based upon the results of the line 29 appeals process. If the adjustments total 7 percent or less of the line 30 regional housing need determined pursuant to Section 65584.01, line 31 or, as applicable, total 7 percent or less of the subregion’s share line 32 of the regional housing need as determined pursuant to Section line 33 65584.03, then the council of governments or delegate subregion, line 34 as applicable, shall distribute the adjustments proportionally to all line 35 local governments. If the adjustments total more than 7 percent of line 36 the regional housing need, then the council of governments or line 37 delegate subregion, as applicable, shall develop a methodology to line 38 distribute the amount greater than the 7 percent to local line 39 governments. The total distribution of housing need shall not equal line 40 less than the regional housing need, as determined pursuant to 97 — 37 — AB 650
line 1 Section 65584.01, nor shall the subregional distribution of housing line 2 need equal less than its share of the regional housing need as line 3 determined pursuant to Section 65584.03.
line 4 (g) Within 45 days after the issuance of the proposed final line 5 allocation plan by the council of governments and each delegate line 6 subregion, as applicable, the council of governments shall hold a line 7 public hearing to adopt a final allocation plan. To the extent that line 8 the final allocation plan fully allocates the regional share of line 9 statewide housing need, as determined pursuant to Section line 10 65584.01 and has taken into account all appeals, the council of line 11 governments shall have final authority to determine the distribution line 12 of the region’s existing and projected housing need as determined line 13 pursuant to Section 65584.01. The council of governments shall line 14 submit its final allocation plan to the department within three days line 15 of adoption. Within 15 days after the department’s receipt of the line 16 final allocation plan adopted by the council of governments, the line 17 department shall determine if the final allocation plan is consistent line 18 with the existing and projected housing need for the region, as line 19 determined pursuant to Section 65584.01. The department may line 20 revise the determination of the council of governments if necessary line 21 to obtain this consistency.
line 22 (h) Any authority of the council of governments to review and line 23 revise the share of a city or county of the regional housing need line 24 under this section shall not constitute authority to revise, approve, line 25 or disapprove the manner in which the share of the city or county line 26 of the regional housing need is implemented through its housing line 27 program.
line 28 (i) Any time period in subdivision (d) or (e) may be extended line 29 by a council of governments or delegate subregion, as applicable, line 30 for up to 30 days. Any time period in subdivision (b), (c), (d), (e), line 31 or (g) may be reduced by a council of governments or delegate line 32 subregion, as applicable, to facilitate earlier adoption of the final line 33 allocation plan. No time period shall be reduced to fewer than a line 34 minimum of 10 days.
line 35 (j) The San Diego Association of Governments may follow the line 36 process in this section for the draft and final allocation plan for line 37 the sixth revision of the housing element notwithstanding such line 38 actions being carried out before the adoption of an updated regional line 39 transportation plan and sustainable communities strategy. 97 AB 650 — 38 —
line 1 (k) For the seventh housing element cycle, the changes to this line 2 section made by the act adding this subdivision shall not apply to line 3 councils of governments with a housing element revision due date line 4 during the 2027 calendar year.
line 5 SEC. 6.
line 6 SEC. 7. Section 65585 of the Government Code is amended line 7 to read:
line 8 65585. (a) In the preparation of its housing element, each city line 9 and county shall consider the guidelines adopted by the department line 10 pursuant to Section 50459 of the Health and Safety Code. Those line 11 guidelines shall be advisory to each city or county in the line 12 preparation of its housing element.
line 13 (b) (1) (A) At least 90 days prior to adoption of a revision of line 14 its housing element pursuant to subdivision (e) of Section 65588, line 15 or at least 60 days prior to the adoption of a subsequent amendment line 16 to this element, the planning agency shall submit a draft element line 17 revision or draft amendment to the department. The local line 18 government of the planning agency shall make the first draft line 19 revision of a housing element available for public comment for at line 20 least 30 days and, if any comments are received, the local line 21 government shall take at least 10 business days after the 30-day line 22 public comment period to consider and incorporate public line 23 comments into the draft revision prior to submitting it to the line 24 department. For any subsequent draft revision, the local line 25 government shall post the draft revision on its internet website and line 26 shall email a link to the draft revision to all individuals and line 27 organizations that have previously requested notices relating to line 28 the local government’s housing element at least seven days before line 29 submitting the draft revision to the department. line 30 (B) The planning agency staff shall collect and compile the line 31 public comments regarding the housing element received by the line 32 city, county, or city and county and provide these comments to line 33 each member of the legislative body before it adopts the housing line 34 element.
line 35 (C) The department shall review the draft and report its written line 36 findings to the planning agency within 90 days of its receipt of the line 37 first draft submittal for each housing element revision pursuant to line 38 subdivision (e) of Section 65588 or within 60 days of its receipt line 39 of a subsequent draft amendment or an adopted revision or adopted line 40 amendment to an element. The department shall not review the 97 — 39 — AB 650
line 1 first draft submitted for each housing element revision pursuant line 2 to subdivision (e) of Section 65588 until the local government has line 3 made the draft available for public comment for at least 30 days line 4 and, if comments were received, has taken at least 10 business line 5 days to consider and incorporate public comments pursuant to line 6 paragraph (1).
line 7 (2) (A) At least 90 days prior to the initial adoption of a revision line 8 of its housing element pursuant to subdivision (e) of Section 65588, line 9 and at least 7 days prior to any subsequent adoption submittal if line 10 changes have occurred to the inventory of sites, a local government line 11 shall do both of the following:
line 12 (i) Make a draft of its inventory of sites required pursuant to line 13 paragraph (3) of subdivision (a) of Section 65583 available to the line 14 department and the public and post the draft inventory on its line 15 internet website.
line 16 (ii) Send an email to all individuals and organizations that have line 17 previously requested notices notifying them that the inventory has line 18 been updated that includes a link to the draft inventory on its line 19 website.
line 20 (B) The requirements of this paragraph shall apply to the seventh line 21 and each subsequent revision of the housing element. line 22 (c) In the preparation of its findings, the department may consult line 23 with any public agency, group, or person. The department shall line 24 receive and consider any written comments from any public line 25 agency, group, or person regarding the draft or adopted element line 26 or amendment under review.
line 27 (d) In its written findings, the department shall determine line 28 whether the draft element or draft amendment substantially line 29 complies with this article. If the department finds that the draft line 30 element or draft amendment does not substantially comply with line 31 this article, the department shall in a written communication to the line 32 planning agency do both of the following:
line 33 (1) Identify and explain the specific deficiencies in the draft line 34 element or draft amendment, including a reference to each line 35 subdivision of Section 65583 that the draft element or draft line 36 amendment does not comply with.
line 37 (2) Provide the specific analysis or text that the department line 38 expects the planning agency to include in the draft element or draft line 39 amendment to remedy the deficiencies identified in paragraph (1). 97 AB 650 — 40 —
line 1 (e) Prior to the adoption of its draft element or draft amendment, line 2 the legislative body shall consider the findings made, and the line 3 specific analysis or text required, by the department. If the line 4 department’s findings are not available within the time limits set line 5 by this section, the legislative body may act without them. line 6 (f) If the department finds that the draft element or draft line 7 amendment does not substantially comply with this article, the line 8 legislative body shall take one of the following actions:
line 9 (1) (A) Include the specific analysis or text in the draft element line 10 or draft amendment to substantially comply with this article, as line 11 required by the department pursuant to subdivision (d). line 12 (B) Any change to a draft element or draft amendment pursuant line 13 to subparagraph (A) shall be completed in accordance with line 14 subdivision (b). This subparagraph does not constitute a change line 15 in, but is declaratory of, existing law.
line 16 (C) Notwithstanding Section 65589.5, a jurisdiction shall not line 17 be required to approve a builder’s remedy project, as defined in line 18 paragraph (11) of subdivision (h) of Section 65889.5, within the line 19 planning agency’s jurisdiction during either of the following line 20 periods:
line 21 (i) The duration of the department’s review of a draft element line 22 or draft amendment revised pursuant to this paragraph. line 23 (ii) Ninety days from the date the department notifies the line 24 planning agency of additional deficiencies not previously identified line 25 by the department in response to the prior submission of the draft line 26 element or draft amendment.
line 27 (2) Adopt the draft element or draft amendment without the line 28 specific analysis or text required by the department pursuant to line 29 subdivision (d). The legislative body shall include in its resolution line 30 of adoption written findings that explain the reasons the legislative line 31 body believes that the draft element or draft amendment line 32 substantially complies with this article despite the findings of, and line 33 specific analysis or text required by, the department. line 34 (g) (1) Promptly following the adoption of its element or line 35 amendment, the planning agency shall submit a copy of the adopted line 36 element or amendment and any findings made pursuant to line 37 paragraph (2) of subdivision (f) to the department. line 38 (2) This subdivision shall not be construed to excuse a legislative line 39 body from complying with subdivision (f). This paragraph does line 40 not constitute a change in, but is declaratory of, existing law. 97 — 41 — AB 650
line 1 (h) The department shall, within 60 days, review adopted line 2 housing elements or amendments and any findings pursuant to line 3 paragraph (2) of subdivision (f), make a finding as to whether the line 4 adopted element or amendment is in substantial compliance with line 5 this article, and report its findings to the planning agency. If the line 6 department finds that the adopted element or amendment is not in line 7 substantial compliance with this article, the department shall line 8 identify each subdivision of Section 65583 that the housing element line 9 does not substantially comply with and provide the specific analysis line 10 or text to the planning agency that, if adopted, would bring the line 11 housing element or amendment into substantial compliance. line 12 (i) (1) (A) The department shall review any action or failure line 13 to act by the city, county, or city and county that it determines is line 14 inconsistent with an adopted housing element or Section 65583, line 15 including any failure to implement any program actions included line 16 in the housing element pursuant to Section 65583. The department line 17 shall issue written findings to the city, county, or city and county line 18 as to whether the action or failure to act substantially complies line 19 with this article, and provide a reasonable time no longer than 30 line 20 days for the city, county, or city and county to respond to the line 21 findings before taking any other action authorized by this section, line 22 including the action authorized by subparagraph (C). line 23 (B) If the department finds that the city’s, county’s, or city and line 24 county’s action or failure to act does not substantially comply with line 25 its adopted housing element or its obligations pursuant to Section line 26 65583, there shall be a rebuttable presumption of invalidity in any line 27 legal action challenging that action or failure to act. line 28 (C) If the department finds that the action or failure to act by line 29 the city, county, or city and county does not substantially comply line 30 with this article, and if it has issued findings pursuant to this section line 31 that an amendment to the housing element substantially complies line 32 with this article, the department may revoke its findings until it line 33 determines that the city, county, or city and county has come into line 34 compliance with this article.
line 35 (2) The department may consult with any local government, line 36 public agency, group, or person, and shall receive and consider line 37 any written comments from any public agency, group, or person, line 38 regarding the action or failure to act by the city, county, or city line 39 and county described in paragraph (1), in determining whether the line 40 housing element substantially complies with this article. 97 AB 650 — 42 —
line 1 (j) The department shall notify the city, county, or city and line 2 county and may notify the office of the Attorney General that the line 3 city, county, or city and county is in violation of state law if the line 4 department finds that the housing element or an amendment to this line 5 element, or any action or failure to act described in subdivision line 6 (j), does not substantially comply with this article or that any local line 7 government has taken an action in violation of the following:
line 8 (1) Housing Accountability Act (Section 65589.5). line 9 (2) Section 65863.
line 10 (3) Chapter 4.3 (commencing with Section 65915). line 11 (4) Section 65008.
line 12 (5) Housing Crisis Act of 2019 (Chapter 654, Statutes of 2019, line 13 Sections 65941.1, 65943, and 66300).
line 14 (6) Section 8899.50.
line 15 (7) Section 65913.4.
line 16 (8) Article 11 (commencing with Section 65650). line 17 (9) Article 12 (commencing with Section 65660). line 18 (10) Section 65913.11.
line 19 (11) Section 65400.
line 20 (12) Section 65863.2.
line 21 (13) Chapter 4.1 (commencing with Section 65912.100). line 22 (14) Section 65905.5.
line 23 (15) Chapter 13 (commencing with Section 66310). line 24 (16) Section 65852.21.
line 25 (17) Section 65852.24.
line 26 (18) Section 66411.7.
line 27 (19) Section 65913.16.
line 28 (20) Article 2 (commencing with Section 66300.5) of Chapter line 29 12.
line 30 (21) Section 65852.28.
line 31 (22) Section 65913.4.5.
line 32 (23) Section 66499.41.
line 33 (24) Homeless Housing, Assistance, and Prevention program line 34 (Chapter 6 (commencing with Section 50216) and Chapter 6.5 line 35 (commencing with Section 50230) of Part 1 of Division 31 of the line 36 Health and Safety Code).
line 37 (25) Encampment Resolution Funding program (Chapter 7 line 38 (commencing with Section 50250) of Part 1 of Division 31 of the line 39 Health and Safety Code).
97 — 43 — AB 650
line 1 (26) Family Homelessness Challenge Grants and Technical line 2 Assistance Program (Chapter 8 (commencing with Section 50255) line 3 of Part 1 of Division 31 of the Health and Safety Code). line 4 (27) (A) Article 11.5 (commencing with Section 65658). line 5 (B) This paragraph shall become operative only if Assembly line 6 Bill 3068 of the 2023–24 Regular Session of the Legislature is line 7 enacted and takes effect on or before January 1, 2025. line 8 (k) Commencing July 1, 2019, prior to the Attorney General line 9 bringing any suit for a violation of the provisions identified in line 10 subdivision (j) related to housing element compliance and seeking line 11 remedies available pursuant to this subdivision, the department line 12 shall offer the jurisdiction the opportunity for two meetings in line 13 person or via telephone to discuss the violation, and shall provide line 14 the jurisdiction written findings regarding the violation. This line 15 paragraph does not affect any action filed prior to the effective line 16 date of this section. The requirements set forth in this subdivision line 17 do not apply to any suits brought for a violation or violations of line 18 paragraphs (1) and (3) to (9), inclusive, of subdivision (j). line 19 (l) In any action or special proceeding brought by the Attorney line 20 General relating to housing element compliance pursuant to a line 21 notice or referral under subdivision (j), the Attorney General may line 22 request, upon a finding of the court that the housing element does line 23 not substantially comply with the requirements of this article line 24 pursuant to this section, that the court issue an order or judgment line 25 directing the jurisdiction to bring its housing element into line 26 substantial compliance with the requirements of this article. The line 27 court shall retain jurisdiction to ensure that its order or judgment line 28 is carried out. If a court determines that the housing element of line 29 the jurisdiction substantially complies with this article, it shall line 30 have the same force and effect, for purposes of eligibility for any line 31 financial assistance that requires a housing element in substantial line 32 compliance and for purposes of any incentives provided under line 33 Section 65589.9, as a determination by the department that the line 34 housing element substantially complies with this article. line 35 (1) If the jurisdiction has not complied with the order or line 36 judgment after 12 months, the court shall conduct a status line 37 conference. Following the status conference, upon a determination line 38 that the jurisdiction failed to comply with the order or judgment line 39 compelling substantial compliance with the requirements of this line 40 article, the court shall impose fines on the jurisdiction, which shall 97 AB 650 — 44 —
line 1 be deposited into the Building Homes and Jobs Trust Fund. Any line 2 fine levied pursuant to this paragraph shall be in a minimum line 3 amount of ten thousand dollars ($10,000) per month, but shall not line 4 exceed one hundred thousand dollars ($100,000) per month, except line 5 as provided in paragraphs (2) and (3). In the event that the line 6 jurisdiction fails to pay fines imposed by the court in full and on line 7 time, the court may require the Controller to intercept any available line 8 state and local funds and direct such funds to the Building Homes line 9 and Jobs Trust Fund to correct the jurisdiction’s failure to pay. line 10 The intercept of the funds by the Controller for this purpose shall line 11 not violate any provision of the California Constitution. line 12 (2) If the jurisdiction has not complied with the order or line 13 judgment after three months following the imposition of fees line 14 described in paragraph (1), the court shall conduct a status line 15 conference. Following the status conference, if the court finds that line 16 the fees imposed pursuant to paragraph (1) are insufficient to bring line 17 the jurisdiction into compliance with the order or judgment, the line 18 court may multiply the fine determined pursuant to paragraph (1) line 19 by a factor of three. In the event that the jurisdiction fails to pay line 20 fines imposed by the court in full and on time, the court may line 21 require the Controller to intercept any available state and local line 22 funds and direct such funds to the Building Homes and Jobs Trust line 23 Fund to correct the jurisdiction’s failure to pay. The intercept of line 24 the funds by the Controller for this purpose shall not violate any line 25 provision of the California Constitution.
line 26 (3) If the jurisdiction has not complied with the order or line 27 judgment six months following the imposition of fees described line 28 in paragraph (1), the court shall conduct a status conference. Upon line 29 a determination that the jurisdiction failed to comply with the order line 30 or judgment, the court may impose the following:
line 31 (A) If the court finds that the fees imposed pursuant to line 32 paragraphs (1) and (2) are insufficient to bring the jurisdiction into line 33 compliance with the order or judgment, the court may multiply line 34 the fine determined pursuant to paragraph (1) by a factor of six. line 35 In the event that the jurisdiction fails to pay fines imposed by the line 36 court in full and on time, the court may require the Controller to line 37 intercept any available state and local funds and direct such funds line 38 to the Building Homes and Jobs Trust Fund to correct the line 39 jurisdiction’s failure to pay. The intercept of the funds by the 97 — 45 — AB 650
line 1 Controller for this purpose shall not violate any provision of the line 2 California Constitution.
line 3 (B) The court may order remedies available pursuant to Section line 4 564 of the Code of Civil Procedure, under which the agent of the line 5 court may take all governmental actions necessary to bring the line 6 jurisdiction’s housing element into substantial compliance pursuant line 7 to this article in order to remedy identified deficiencies. The court line 8 shall determine whether the housing element of the jurisdiction line 9 substantially complies with this article and, once the court makes line 10 that determination, it shall have the same force and effect, for all line 11 purposes, as the department’s determination that the housing line 12 element substantially complies with this article. An agent appointed line 13 pursuant to this paragraph shall have expertise in planning in line 14 California.
line 15 (4) This subdivision does not limit a court’s discretion to apply line 16 any and all remedies in an action or special proceeding for a line 17 violation of any law identified in subdivision (j). line 18 (m) In determining the application of the remedies available line 19 under subdivision (l), the court shall consider whether there are line 20 any mitigating circumstances delaying the jurisdiction from coming line 21 into compliance with state housing law. The court may consider line 22 whether a city, county, or city and county is making a good faith line 23 effort to come into substantial compliance or is facing substantial line 24 undue hardships.
line 25 (n) Nothing in this section shall limit the authority of the office line 26 of the Attorney General to bring a suit to enforce state law in an line 27 independent capacity. The office of the Attorney General may seek line 28 all remedies available under law including those set forth in this line 29 section.
line 30 (o) Notwithstanding Sections 11040 and 11042, if the Attorney line 31 General declines to represent the department in any action or line 32 special proceeding brought pursuant to a notice or referral under line 33 subdivision (j), the department may appoint or contract with other line 34 counsel for purposes of representing the department in the action line 35 or special proceeding.
line 36 (p) Notwithstanding any other provision of law, the statute of line 37 limitations set forth in subdivision (a) of Section 338 of the Code line 38 of Civil Procedure shall apply to any action or special proceeding line 39 brought by the office of the Attorney General or pursuant to a 97 AB 650 — 46 —
line 1 notice or referral under subdivision (j), or by the department line 2 pursuant to subdivision (o).
line 3 (q) The amendments to this section made by the act adding this line 4 subdivision shall not be construed to limit the department’s ability line 5 to enforce programmatic requirements or remedies against cities, line 6 counties, and continuums of care pursuant to the Homeless line 7 Housing, Assistance, and Prevention program (Chapter 6 line 8 (commencing with Section 50216) and Chapter 6.5 (commencing line 9 with Section 50230) of Part 1 of Division 31 of the Health and line 10 Safety Code), the Encampment Resolution Funding program line 11 (Chapter 7 (commencing with Section 50250)), and the Family line 12 Homelessness Challenge Grants and Technical Assistance Program line 13 (Chapter 8 (commencing with Section 50255)).
line 14 SEC. 7. Section 65589.5 of the Government Code is amended line 15 to read:
line 16 65589.5. (a) (1) The Legislature finds and declares all of the line 17 following:
line 18 (A) The lack of housing, including emergency shelters, is a line 19 critical problem that threatens the economic, environmental, and line 20 social quality of life in California.
line 21 (B) California housing has become the most expensive in the line 22 nation. The excessive cost of the state’s housing supply is partially line 23 caused by activities and policies of many local governments that line 24 limit the approval of housing, increase the cost of land for housing, line 25 and require that high fees and exactions be paid by producers of line 26 housing.
line 27 (C) Among the consequences of those actions are discrimination line 28 against low-income and minority households, lack of housing to line 29 support employment growth, imbalance in jobs and housing, line 30 reduced mobility, urban sprawl, excessive commuting, and air line 31 quality deterioration.
line 32 (D) Many local governments do not give adequate attention to line 33 the economic, environmental, and social costs of decisions that line 34 result in disapproval of housing development projects, reduction line 35 in density of housing projects, and excessive standards for housing line 36 development projects.
line 37 (2) In enacting the amendments made to this section by the act line 38 adding this paragraph, the Legislature further finds and declares line 39 the following:
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line 1 (A) California has a housing supply and affordability crisis of line 2 historic proportions. The consequences of failing to effectively line 3 and aggressively confront this crisis are hurting millions of line 4 Californians, robbing future generations of the chance to call line 5 California home, stifling economic opportunities for workers and line 6 businesses, worsening poverty and homelessness, and undermining line 7 the state’s environmental and climate objectives. line 8 (B) While the causes of this crisis are multiple and complex, line 9 the absence of meaningful and effective policy reforms to line 10 significantly enhance the approval and supply of housing affordable line 11 to Californians of all income levels is a key factor. line 12 (C) The crisis has grown so acute in California that supply, line 13 demand, and affordability fundamentals are characterized in the line 14 negative: underserved demands, constrained supply, and protracted line 15 unaffordability.
line 16 (D) According to reports and data, California has accumulated line 17 an unmet housing backlog of nearly 2,000,000 units and must line 18 provide for at least 180,000 new units annually to keep pace with line 19 growth through 2025.
line 20 (E) California’s overall home ownership rate is at its lowest line 21 level since the 1940s. The state ranks 49th out of the 50 states in line 22 home ownership rates as well as in the supply of housing per capita. line 23 Only one-half of California’s households are able to afford the line 24 cost of housing in their local regions.
line 25 (F) Lack of supply and rising costs are compounding inequality line 26 and limiting advancement opportunities for many Californians. line 27 (G) The majority of California renters, more than 3,000,000 line 28 households, pay more than 30 percent of their income toward rent line 29 and nearly one-third, more than 1,500,000 households, pay more line 30 than 50 percent of their income toward rent.
line 31 (H) When Californians have access to safe and affordable line 32 housing, they have more money for food and health care; they are line 33 less likely to become homeless and in need of
line 34 government-subsidized services; their children do better in school; line 35 and businesses have an easier time recruiting and retaining line 36 employees.
line 37 (I) An additional consequence of the state’s cumulative housing line 38 shortage is a significant increase in greenhouse gas emissions line 39 caused by the displacement and redirection of populations to states line 40 with greater housing opportunities, particularly working- and 97 AB 650 — 48 —
line 1 middle-class households. California’s cumulative housing shortfall line 2 therefore has not only national but international environmental line 3 consequences.
line 4 (J) California’s housing picture has reached a crisis of historic line 5 proportions despite the fact that, for decades, the Legislature has line 6 enacted numerous statutes intended to significantly increase the line 7 approval, development, and affordability of housing for all income line 8 levels, including this section.
line 9 (K) The Legislature’s intent in enacting this section in 1982 and line 10 in expanding its provisions since then was to significantly increase line 11 the approval and construction of new housing for all economic line 12 segments of California’s communities by meaningfully and line 13 effectively curbing the capability of local governments to deny, line 14 reduce the density for, or render infeasible housing development line 15 projects and emergency shelters. That intent has not been fulfilled. line 16 (L) It is the policy of the state that this section be interpreted line 17 and implemented in a manner to afford the fullest possible weight line 18 to the interest of, and the approval and provision of, housing. line 19 (3) It is the intent of the Legislature that the conditions that line 20 would have a specific, adverse impact upon the public health and line 21 safety, as described in paragraph (2) of subdivision (d) and line 22 paragraph (1) of subdivision (j), arise infrequently. line 23 (4) It is the intent of the Legislature that the amendments line 24 removing provisions from subparagraphs (D) and (E) of paragraph line 25 (6) of subdivision (h) and adding those provisions to Sections line 26 65589.5.1 and 65589.5.2 by Assembly Bill 1413 (2023), insofar line 27 as they are substantially the same as existing law, shall be line 28 considered restatements and continuations of existing law, and not line 29 new enactments.
line 30 (b) It is the policy of the state that a local government not reject line 31 or make infeasible housing development projects, including line 32 emergency shelters, that contribute to meeting the need determined line 33 pursuant to this article without a thorough analysis of the economic, line 34 social, and environmental effects of the action and without line 35 complying with subdivision (d).
line 36 (c) The Legislature also recognizes that premature and line 37 unnecessary development of agricultural lands for urban uses line 38 continues to have adverse effects on the availability of those lands line 39 for food and fiber production and on the economy of the state. line 40 Furthermore, it is the policy of the state that development should 97 — 49 — AB 650
line 1 be guided away from prime agricultural lands; therefore, in line 2 implementing this section, local jurisdictions should encourage, line 3 to the maximum extent practicable, in filling existing urban areas. line 4 (d) For a housing development project for very low, low-, or line 5 moderate-income households, or an emergency shelter, a local line 6 agency shall not disapprove the housing development project or line 7 emergency shelter, or condition approval in a manner that renders line 8 the housing development project or emergency shelter infeasible, line 9 including through the use of design review standards, unless it line 10 makes written findings, based upon a preponderance of the line 11 evidence in the record, as to one of the following:
line 12 (1) The jurisdiction has adopted a housing element pursuant to line 13 this article that has been revised in accordance with Section 65588, line 14 is in substantial compliance with this article, and the jurisdiction line 15 has met or exceeded its share of the regional housing need line 16 allocation pursuant to Section 65584 for the planning period for line 17 the income category proposed for the housing development project, line 18 provided that any disapproval or conditional approval shall not be line 19 based on any of the reasons prohibited by Section 65008. If the line 20 housing development project includes a mix of income categories, line 21 and the jurisdiction has not met or exceeded its share of the regional line 22 housing need for one or more of those categories, then this line 23 paragraph shall not be used to disapprove or conditionally approve line 24 the housing development project. The share of the regional housing line 25 need met by the jurisdiction shall be calculated consistently with line 26 the forms and definitions that may be adopted by the Department line 27 of Housing and Community Development pursuant to Section line 28 65400. In the case of an emergency shelter, the jurisdiction shall line 29 have met or exceeded the need for emergency shelter, as identified line 30 pursuant to paragraph (7) of subdivision (a) of Section 65583. Any line 31 disapproval or conditional approval pursuant to this paragraph line 32 shall be in accordance with applicable law, rule, or standards. line 33 (2) The housing development project or emergency shelter as line 34 proposed would have a specific, adverse impact upon the public line 35 health or safety, and there is no feasible method to satisfactorily line 36 mitigate or avoid the specific, adverse impact without rendering line 37 the development unaffordable to low- and moderate-income line 38 households or rendering the development of the emergency shelter line 39 financially infeasible. As used in this paragraph, a “specific, line 40 adverse impact” means a significant, quantifiable, direct, and 97 AB 650 — 50 —
line 1 unavoidable impact, based on objective, identified written public line 2 health or safety standards, policies, or conditions as they existed line 3 on the date the application was deemed complete. The following line 4 shall not constitute a specific, adverse impact upon the public line 5 health or safety:
line 6 (A) Inconsistency with the zoning ordinance or general plan line 7 land use designation.
line 8 (B) The eligibility to claim a welfare exemption under line 9 subdivision (g) of Section 214 of the Revenue and Taxation Code. line 10 (3) The denial of the housing development project or imposition line 11 of conditions is required in order to comply with specific state or line 12 federal law, and there is no feasible method to comply without line 13 rendering the development unaffordable to low- and line 14 moderate-income households or rendering the development of the line 15 emergency shelter financially infeasible.
line 16 (4) The housing development project or emergency shelter is line 17 proposed on land zoned for agriculture or resource preservation line 18 that is surrounded on at least two sides by land being used for line 19 agricultural or resource preservation purposes, or which does not line 20 have adequate water or wastewater facilities to serve the project. line 21 (5) On the date an application for the housing development line 22 project or emergency shelter was deemed complete, the jurisdiction line 23 had adopted a revised housing element that was in substantial line 24 compliance with this article, and the housing development project line 25 or emergency shelter was inconsistent with both the jurisdiction’s line 26 zoning ordinance and general plan land use designation as specified line 27 in any element of the general plan.
line 28 (A) This paragraph shall not be utilized to disapprove or line 29 conditionally approve a housing development project proposed on line 30 a site, including a candidate site for rezoning, that is identified as line 31 suitable or available for very low, low-, or moderate-income line 32 households in the jurisdiction’s housing element if the housing line 33 development project is consistent with the density specified in the line 34 housing element, even though the housing development project line 35 was inconsistent with both the jurisdiction’s zoning ordinance and line 36 general plan land use designation on the date the application was line 37 deemed complete.
line 38 (B) If the local agency has failed to identify a zone or zones line 39 where emergency shelters are allowed as a permitted use without line 40 a conditional use or other discretionary permit, has failed to 97 — 51 — AB 650
line 1 demonstrate that the identified zone or zones include sufficient line 2 capacity to accommodate the need for emergency shelter identified line 3 in paragraph (7) of subdivision (a) of Section 65583, or has failed line 4 to demonstrate that the identified zone or zones can accommodate line 5 at least one emergency shelter, as required by paragraph (4) of line 6 subdivision (a) of Section 65583, then this paragraph shall not be line 7 utilized to disapprove or conditionally approve an emergency line 8 shelter proposed for a site designated in any element of the general line 9 plan for industrial, commercial, or multifamily residential uses. In line 10 any action in court, the burden of proof shall be on the local agency line 11 to show that its housing element does satisfy the requirements of line 12 paragraph (4) of subdivision (a) of Section 65583. line 13 (6) On the date an application for the housing development line 14 project or emergency shelter was deemed complete, the jurisdiction line 15 did not have an adopted revised housing element that was in line 16 substantial compliance with this article and the housing line 17 development project is not a builder’s remedy project. line 18 (7) On the date an application for the housing development line 19 project or emergency shelter was deemed complete, the jurisdiction line 20 did not have an adopted revised housing element that was in line 21 substantial compliance with this article, and the housing line 22 development project is a builder’s remedy project, and at least one line 23 of the conditions described in subparagraph (C) of paragraph (1) line 24 of subdivision (f) of Section 65585 applies.
line 25 (e) Nothing in this section shall be construed to relieve the local line 26 agency from complying with the congestion management program line 27 required by Chapter 2.6 (commencing with Section 65088) of line 28 Division 1 of Title 7 or the California Coastal Act of 1976 line 29 (Division 20 (commencing with Section 30000) of the Public line 30 Resources Code). Neither shall anything in this section be line 31 construed to relieve the local agency from making one or more of line 32 the findings required pursuant to Section 21081 of the Public line 33 Resources Code or otherwise complying with the California line 34 Environmental Quality Act (Division 13 (commencing with Section line 35 21000) of the Public Resources Code).
line 36 (f) (1) Except as provided in paragraphs (6) and (8) of this line 37 subdivision, and subdivision (o), nothing in this section shall be line 38 construed to prohibit a local agency from requiring the housing line 39 development project to comply with objective, quantifiable, written line 40 development standards, conditions, and policies appropriate to, 97 AB 650 — 52 —
line 1 and consistent with, meeting the jurisdiction’s share of the regional line 2 housing need pursuant to Section 65584. However, the line 3 development standards, conditions, and policies shall be applied line 4 to facilitate and accommodate development at the density permitted line 5 on the site and proposed by the development. Nothing in this line 6 section shall limit a project’s eligibility for a density bonus, line 7 incentive, or concession, or waiver or reduction of development line 8 standards and parking ratios, pursuant to Section 65915. line 9 (2) Except as provided in subdivision (o), nothing in this section line 10 shall be construed to prohibit a local agency from requiring an line 11 emergency shelter project to comply with objective, quantifiable, line 12 written development standards, conditions, and policies that are line 13 consistent with paragraph (4) of subdivision (a) of Section 65583 line 14 and appropriate to, and consistent with, meeting the jurisdiction’s line 15 need for emergency shelter, as identified pursuant to paragraph line 16 (7) of subdivision (a) of Section 65583. However, the development line 17 standards, conditions, and policies shall be applied by the local line 18 agency to facilitate and accommodate the development of the line 19 emergency shelter project.
line 20 (3) Except as provided in subdivision (o), nothing in this section line 21 shall be construed to prohibit a local agency from imposing fees line 22 and other exactions otherwise authorized by law that are essential line 23 to provide necessary public services and facilities to the housing line 24 development project or emergency shelter.
line 25 (4) For purposes of this section, a housing development project line 26 or emergency shelter shall be deemed consistent, compliant, and line 27 in conformity with an applicable plan, program, policy, ordinance, line 28 standard, requirement, or other similar provision if there is line 29 substantial evidence that would allow a reasonable person to line 30 conclude that the housing development project or emergency line 31 shelter is consistent, compliant, or in conformity. line 32 (5) For purposes of this section, a change to the zoning ordinance line 33 or general plan land use designation subsequent to the date the line 34 application was deemed complete shall not constitute a valid basis line 35 to disapprove or condition approval of the housing development line 36 project or emergency shelter.
line 37 (6) Notwithstanding paragraphs (1) to (5), inclusive, all of the line 38 following apply to a housing development project that is a builder’s line 39 remedy project:
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line 1 (A) A local agency may only require the project to comply with line 2 the objective, quantifiable, written development standards, line 3 conditions, and policies that would have applied to the project had line 4 it been proposed on a site with a general plan designation and line 5 zoning classification that allow the density and unit type proposed line 6 by the applicant. If the local agency has no general plan designation line 7 or zoning classification that would have allowed the density and line 8 unit type proposed by the applicant, the development proponent line 9 may identify any objective, quantifiable, written development line 10 standards, conditions, and policies associated with a different line 11 general plan designation or zoning classification within that line 12 jurisdiction, that facilitate the project’s density and unit type, and line 13 those shall apply.
line 14 (B) (i) Except as authorized by paragraphs (1) to (4), inclusive, line 15 of subdivision (d), a local agency shall not apply any individual line 16 or combination of objective, quantifiable, written development line 17 standards, conditions, and policies to the project that do any of the line 18 following:
line 19 (I) Render the project infeasible.
line 20 (II) Preclude a project that meets the requirements allowed to line 21 be imposed by subparagraph (A), as modified by any density bonus, line 22 incentive, or concession, or waiver or reduction of development line 23 standards and parking ratios, pursuant to Section 65915, from line 24 being constructed as proposed by the applicant. line 25 (ii) The local agency shall bear the burden of proof of complying line 26 with clause (i).
line 27 (C) (i) A project applicant that qualifies for a density bonus line 28 pursuant to Section 65915 shall receive two incentives or line 29 concessions in addition to those granted pursuant to paragraph (2) line 30 of subdivision (d) of Section 65915.
line 31 (ii) For a project seeking density bonuses, incentives, line 32 concessions, or any other benefits pursuant to Section 65915, and line 33 notwithstanding paragraph (6) of subdivision (o) of Section 65915, line 34 for purposes of this paragraph, maximum allowable residential line 35 density or base density means the density permitted for a builder’s line 36 remedy project pursuant to subparagraph (C) of paragraph (11) of line 37 subdivision (h).
line 38 (iii) A local agency shall grant any density bonus pursuant to line 39 Section 65915 based on the number of units proposed and 97 AB 650 — 54 —
line 1 allowable pursuant to subparagraph (C) of paragraph (11) of line 2 subdivision (h).
line 3 (iv) A project that dedicates units to extremely low-income line 4 households pursuant to subclause (I) of clause (i) of subparagraph line 5 (C) of paragraph (3) of subdivision (h) shall be eligible for the line 6 same density bonus, incentives or concessions, and waivers or line 7 reductions of development standards as provided to a housing line 8 development project that dedicates three percentage points more line 9 units to very low income households pursuant to paragraph (2) of line 10 subdivision (f) of Section 65915.
line 11 (v) All units dedicated to extremely low-income, very low line 12 income, low-income, and moderate-income households pursuant line 13 to paragraph (11) of subdivision (h) shall be counted as affordable line 14 units in determining whether the applicant qualifies for a density line 15 bonus pursuant to Section 65915.
line 16 (D) (i) The project shall not be required to apply for, or receive line 17 approval of, a general plan amendment, specific plan amendment, line 18 rezoning, or other legislative approval.
line 19 (ii) The project shall not be required to apply for, or receive, line 20 any approval or permit not generally required of a project of the line 21 same type and density proposed by the applicant. line 22 (iii) Any project that complies with this paragraph shall be line 23 deemed consistent, compliant, and in conformity with an applicable line 24 plan, program, policy, ordinance, standard, requirement, line 25 redevelopment plan and implementing instruments, or other similar line 26 provision for all purposes, and shall not be considered or treated line 27 as a nonconforming lot, use, or structure for any purpose. line 28 (E) A local agency shall not adopt or impose any requirement, line 29 process, practice, or procedure or undertake any course of conduct, line 30 including, but not limited to, increased fees or inclusionary housing line 31 requirements, that applies to a project solely or partially on the line 32 basis that the project is a builder’s remedy project. line 33 (F) (i) A builder’s remedy project shall be deemed to be in line 34 compliance with the residential density standards for the purposes line 35 of complying with subdivision (b) of Section 65912.123. line 36 (ii) A builder’s remedy project shall be deemed to be in line 37 compliance with the objective zoning standards, objective line 38 subdivision standards, and objective design review standards for line 39 the purposes of complying with paragraph (5) of subdivision (a) line 40 of Section 65913.4.
97 — 55 — AB 650
line 1 (G) (i) (I) If the local agency had a local affordable housing line 2 requirement, as defined in Section 65912.101, that on January 1, line 3 2024, required a greater percentage of affordable units than line 4 required under subparagraph (A) of paragraph (11) of subdivision line 5 (h), or required an affordability level deeper than what is required line 6 under subparagraph (A) of paragraph (11) of subdivision (h), then, line 7 except as provided in subclauses (II) and (III), the local agency line 8 may require a housing development for mixed-income households line 9 to comply with an otherwise lawfully applicable local affordability line 10 percentage or affordability level. The local agency shall not require line 11 housing for mixed-income households to comply with any other line 12 aspect of the local affordable housing requirement. line 13 (II) Notwithstanding subclause (I), the local affordable housing line 14 requirements shall not be applied to require housing for line 15 mixed-income households to dedicate more than 20 percent of the line 16 units to affordable units of any kind.
line 17 (III) Housing for mixed-income households that is required to line 18 dedicate 20 percent of the units to affordable units shall not be line 19 required to dedicate any of the affordable units at an income level line 20 deeper than lower income households, as defined in Section line 21 50079.5 of the Health and Safety Code.
line 22 (IV) A local agency may only require housing for mixed-income line 23 households to comply with the local percentage requirement or line 24 affordability level described in subclause (I) if it first makes written line 25 findings, supported by a preponderance of evidence, that line 26 compliance with the local percentage requirement or the line 27 affordability level, or both, would not render the housing line 28 development project infeasible. If a reasonable person could find line 29 compliance with either requirement, either alone or in combination, line 30 would render the project infeasible, the project shall not be required line 31 to comply with that requirement.
line 32 (ii) Affordable units in the development project shall have a line 33 comparable bedroom and bathroom count as the market rate units. line 34 (iii) Each affordable unit dedicated pursuant to this subparagraph line 35 shall count toward satisfying a local affordable housing line 36 requirement. Each affordable unit dedicated pursuant to a local line 37 affordable housing requirement that meets the criteria established line 38 in this subparagraph shall count towards satisfying the requirements line 39 of this subparagraph. This is declaratory of existing law. 97 AB 650 — 56 —
line 1 (7) (A) For a housing development project application that is line 2 deemed complete before January 1, 2025, the development line 3 proponent for the project may choose to be subject to the provisions line 4 of this section that were in place on the date the preliminary line 5 application was submitted, or, if the project meets the definition line 6 of a builder’s remedy project, it may choose to be subject to any line 7 or all of the provisions of this section applicable as of January 1, line 8 2025.
line 9 (B) Notwithstanding subdivision (c) of Section 65941.1, for a line 10 housing development project deemed complete before January 1, line 11 2025, the development proponent may choose to revise their line 12 application so that the project is a builder’s remedy project, without line 13 being required to resubmit a preliminary application, even if the line 14 revision results in the number of residential units or square footage line 15 of construction changing by 20 percent or more. line 16 (8) A housing development project proposed on a site that is line 17 identified as suitable or available for very low, low-, or line 18 moderate-income households in the jurisdiction’s housing element, line 19 that is consistent with the density specified in the most recently line 20 updated and adopted housing element, and that is inconsistent with line 21 both the jurisdiction’s zoning ordinance and general plan land use line 22 designation on the date the application was deemed complete, shall line 23 be subject to the provisions of subparagraphs (A), (B), and (D) of line 24 paragraph (6) and paragraph (9).
line 25 (9) For purposes of this subdivision, “objective, quantifiable, line 26 written development standards, conditions, and policies” means line 27 criteria that involve no personal or subjective judgment by a public line 28 official and are uniformly verifiable by reference to an external line 29 and uniform benchmark or criterion available and knowable by line 30 both the development applicant or proponent and the public official line 31 before submittal, including, but not limited to, any standard, line 32 ordinance, or policy described in paragraph (4) of subdivision (o). line 33 Nothing herein shall affect the obligation of the housing line 34 development project to comply with the minimum building line 35 standards approved by the California Building Standards line 36 Commission as provided in Part 2.5 (commencing with Section line 37 18901) of Division 13 of the Health and Safety Code. In the event line 38 that applicable objective, quantifiable, written development line 39 standards, conditions, and policies are mutually inconsistent, a line 40 development shall be deemed consistent with the criteria that 97 — 57 — AB 650
line 1 permits the density and unit type closest to that of the proposed line 2 project.
line 3 (g) This section shall be applicable to charter cities because the line 4 Legislature finds that the lack of housing, including emergency line 5 shelter, is a critical statewide problem.
line 6 (h) The following definitions apply for the purposes of this line 7 section:
line 8 (1) “Feasible” means capable of being accomplished in a line 9 successful manner within a reasonable period of time, taking into line 10 account economic, environmental, social, and technological factors. line 11 (2) “Housing development project” means a use consisting of line 12 any of the following:
line 13 (A) Residential units only.
line 14 (B) Mixed-use developments consisting of residential and line 15 nonresidential uses that meet any of the following conditions:
line 16 (i) At least two-thirds of the new or converted square footage line 17 is designated for residential use.
line 18 (ii) At least 50 percent of the new or converted square footage line 19 is designated for residential use and the project meets both of the line 20 following:
line 21 (I) The project includes at least 500 net new residential units. line 22 (II) No portion of the project is designated for use as a hotel, line 23 motel, bed and breakfast inn, or other transient lodging, except a line 24 portion of the project may be designated for use as a residential line 25 hotel, as defined in Section 50519 of the Health and Safety Code. line 26 (iii) At least 50 percent of the net new or converted square line 27 footage is designated for residential use and the project meets all line 28 of the following:
line 29 (I) The project includes at least 500 net new residential units. line 30 (II) The project involves the demolition or conversion of at least line 31 100,000 square feet of nonresidential use.
line 32 (III) The project demolishes at least 50 percent of the existing line 33 nonresidential uses on the site.
line 34 (IV) No portion of the project is designated for use as a hotel, line 35 motel, bed and breakfast inn, or other transient lodging, except a line 36 portion of the project may be designated for use as a residential line 37 hotel, as defined in Section 50519 of the Health and Safety Code. line 38 (C) Transitional housing or supportive housing. line 39 (D) Farmworker housing, as defined in subdivision (h) of line 40 Section 50199.7 of the Health and Safety Code.
97 AB 650 — 58 —
line 1 (3) (A) “Housing for very low, low-, or moderate-income line 2 households” means housing for lower income households, line 3 mixed-income households, or moderate-income households. line 4 (B) “Housing for lower income households” means a housing line 5 development project in which 100 percent of the units, excluding line 6 managers’ units, are dedicated to lower income households, as line 7 defined in Section 50079.5 of the Health and Safety Code, at an line 8 affordable cost, as defined by Section 50052.5 of the Health and line 9 Safety Code, or an affordable rent set in an amount consistent with line 10 the rent limits established by the California Tax Credit Allocation line 11 Committee. The units shall be subject to a recorded deed restriction line 12 for a period of 55 years for rental units and 45 years for line 13 owner-occupied units.
line 14 (C) (i) “Housing for mixed-income households” means any of line 15 the following:
line 16 (I) A housing development project in which at least 7 percent line 17 of the total units, as defined in subparagraph (A) of paragraph (8) line 18 of subdivision (o) of Section 65915, are dedicated to extremely line 19 low income households, as defined in Section 50106 of the Health line 20 and Safety Code.
line 21 (II) A housing development project in which at least 10 percent line 22 of the total units, as defined in subparagraph (A) of paragraph (8) line 23 of subdivision (o) of Section 65915, are dedicated to very low line 24 income households, as defined in Section 50105 of the Health and line 25 Safety Code.
line 26 (III) A housing development project in which at least 13 percent line 27 of the total units, as defined in subparagraph (A) of paragraph (8) line 28 of subdivision (o) of Section 65915, are dedicated to lower income line 29 households, as defined in Section 50079.5 of the Health and Safety line 30 Code.
line 31 (IV) A housing development project in which there are 10 or line 32 fewer total units, as defined in subparagraph (A) of paragraph (8) line 33 of subdivision (o) of Section 65915, that is on a site that is smaller line 34 than one acre, and that is proposed for development at a minimum line 35 density of 10 units per acre.
line 36 (ii) All units dedicated to extremely low income, very low line 37 income, and low-income households pursuant to clause (i) shall line 38 meet both of the following:
97 — 59 — AB 650
line 1 (I) The units shall have an affordable housing cost, as defined line 2 in Section 50052.5 of the Health and Safety Code, or an affordable line 3 rent, as defined in Section 50053 of the Health and Safety Code. line 4 (II) The development proponent shall agree to, and the local line 5 agency shall ensure, the continued affordability of all affordable line 6 rental units included pursuant to this section for 55 years and all line 7 affordable ownership units included pursuant to this section for a line 8 period of 45 years.
line 9 (D) “Housing for moderate-income households” means a line 10 housing development project in which 100 percent of the units are line 11 sold or rented to moderate-income households, as defined in line 12 Section 50093 of the Health and Safety Code, at an affordable line 13 housing cost, as defined in Section 50052.5 of the Health and line 14 Safety Code, or an affordable rent, as defined in Section 50053 of line 15 the Health and Safety Code. The units shall be subject to a recorded line 16 deed restriction for a period of 55 years for rental units and 45 line 17 years for owner-occupied units.
line 18 (4) “Area median income” means area median income as line 19 periodically established by the Department of Housing and line 20 Community Development pursuant to Section 50093 of the Health line 21 and Safety Code.
line 22 (5) Notwithstanding any other law, until January 1, 2030, line 23 “deemed complete” means that the applicant has submitted a line 24 preliminary application pursuant to Section 65941.1 or, if the line 25 applicant has not submitted a preliminary application, has line 26 submitted a complete application pursuant to Section 65943. The line 27 local agency shall bear the burden of proof in establishing that the line 28 application is not complete.
line 29 (6) “Disapprove the housing development project” includes any line 30 instance in which a local agency does any of the following:
line 31 (A) Votes or takes final administrative action on a proposed line 32 housing development project application and the application is line 33 disapproved, including any required land use approvals or line 34 entitlements necessary for the issuance of a building permit. line 35 (B) Fails to comply with the time periods specified in line 36 subdivision (a) of Section 65950. An extension of time pursuant line 37 to Article 5 (commencing with Section 65950) shall be deemed to line 38 be an extension of time pursuant to this paragraph. line 39 (C) Fails to meet the time limits specified in Section 65913.3. 97 AB 650 — 60 —
line 1 (D) Fails to cease a course of conduct undertaken for an line 2 improper purpose, such as to harass or to cause unnecessary delay line 3 or needless increases in the cost of the proposed housing line 4 development project, that effectively disapproves the proposed line 5 housing development without taking final administrative action if line 6 all of the following conditions are met:
line 7 (i) The project applicant provides written notice detailing the line 8 challenged conduct and why it constitutes disapproval to the local line 9 agency established under Section 65100.
line 10 (ii) Within five working days of receiving the applicant’s written line 11 notice described in clause (i), the local agency shall post the notice line 12 on the local agency’s internet website, provide a copy of the notice line 13 to any person who has made a written request for notices pursuant line 14 to subdivision (f) of Section 21167 of the Public Resources Code, line 15 and file the notice with the county clerk of each county in which line 16 the project will be located. The county clerk shall post the notice line 17 and make it available for public inspection in the manner set forth line 18 in subdivision (c) of Section 21152 of the Public Resources Code. line 19 (iii) The local agency shall consider all objections, comments, line 20 evidence, and concerns about the project or the applicant’s written line 21 notice and shall not make a determination until at least 60 days line 22 after the applicant has given written notice to the local agency line 23 pursuant to clause (i).
line 24 (iv) Within 90 days of receipt of the applicant’s written notice line 25 described in clause (i), the local agency shall issue a written line 26 statement that it will immediately cease the challenged conduct or line 27 issue written findings that comply with both of the following line 28 requirements:
line 29 (I) The findings articulate an objective basis for why the line 30 challenged course of conduct is necessary.
line 31 (II) The findings provide clear instructions on what the applicant line 32 must submit or supplement so that the local agency can make a line 33 final determination regarding the next necessary approval or set line 34 the date and time of the next hearing.
line 35 (v) (I) If a local agency continues the challenged course of line 36 conduct described in the applicant’s written notice and fails to line 37 issue the written findings described in clause (iv), the local agency line 38 shall bear the burden of establishing that its course of conduct does line 39 not constitute a disapproval of the housing development project line 40 under this subparagraph in an action taken by the applicant. 97 — 61 — AB 650
line 1 (II) If an applicant challenges a local agency’s course of conduct line 2 as a disapproval under this subparagraph, the local agency’s written line 3 findings described in clause (iv) shall be incorporated into the line 4 administrative record and be deemed to be the final administrative line 5 action for purposes of adjudicating whether the local agency’s line 6 course of conduct constitutes a disapproval of the housing line 7 development project under this subparagraph.
line 8 (vi) A local agency’s action in furtherance of complying with line 9 the California Environmental Quality Act (Division 13 line 10 (commencing with Section 21000) of the Public Resources Code), line 11 including, but not limited to, imposing mitigating measures, shall line 12 not constitute project disapproval under this subparagraph. line 13 (E) Fails to comply with Section 65905.5. For purposes of this line 14 subparagraph, a builder’s remedy project shall be deemed to line 15 comply with the applicable, objective general plan and zoning line 16 standards in effect at the time an application is deemed complete. line 17 (F) (i) Determines that an application for a housing development line 18 project is incomplete pursuant to subdivision (a) or (b) of Section line 19 65943 and includes in the determination an item that is not required line 20 on the local agency’s submittal requirement checklist. The local line 21 agency shall bear the burden of proof that the required item is line 22 listed on the submittal requirement checklist.
line 23 (ii) In a subsequent review of an application pursuant to Section line 24 65943, requests the applicant provide new information that was line 25 not identified in the initial determination and upholds this line 26 determination in the final written determination on an appeal filed line 27 pursuant to subdivision (c) of Section 65943. The local agency line 28 shall bear the burden of proof that the required item was identified line 29 in the initial determination.
line 30 (iii) Determines that an application for a housing development line 31 project is incomplete pursuant to subdivision (a) or (b) of Section line 32 65943, a reasonable person would conclude that the applicant has line 33 submitted all of the items required on the local agency’s submittal line 34 requirement checklist, and the local agency upholds this line 35 determination in the final written determination on an appeal filed line 36 pursuant to subdivision (c) of Section 65943.
line 37 (iv) If a local agency determines that an application is line 38 incomplete under Section 65943 after two resubmittals of the line 39 application by the applicant, the local agency shall bear the burden 97 AB 650 — 62 —
line 1 of establishing that the determination is not an effective disapproval line 2 of a housing development project under this section. line 3 (G) Violates subparagraph (D) or (E) of paragraph (6) of line 4 subdivision (f).
line 5 (H) Makes a written determination that a preliminary application line 6 described in subdivision (a) of Section 65941.1 has expired or that line 7 the applicant has otherwise lost its vested rights under the line 8 preliminary application for any reason other than those described line 9 in subdivisions (c) and (d) of Section 65941.1.
line 10 (I) (i) Fails to make a determination of whether the project is line 11 exempt from the California Environmental Quality Act (Division line 12 13 (commencing with Section 21000) of the Public Resources line 13 Code), or commits an abuse of discretion, as defined in subdivision line 14 (b) of Section 65589.5.1 if all of the conditions in Section line 15 65589.5.1 are satisfied.
line 16 (ii) This subparagraph shall become inoperative on January 1, line 17 2031.
line 18 (J) (i) Fails to adopt a negative declaration or addendum for line 19 the project, to certify an environmental impact report for the line 20 project, or to approve another comparable environmental document, line 21 such as a sustainable communities environmental assessment line 22 pursuant to Section 21155.2 of the Public Resources Code, as line 23 required pursuant to the California Environmental Quality Act line 24 (Division 13 (commencing with Section 21000) of the Public line 25 Resources Code), if all of the conditions in Section 65589.5.2 are line 26 satisfied.
line 27 (ii) This subparagraph shall become inoperative on January 1, line 28 2031.
line 29 (7) (A) For purposes of this section and Sections 65589.5.1 and line 30 65589.5.2, “lawful determination” means any final decision about line 31 whether to approve or disapprove a statutory or categorical line 32 exemption or a negative declaration, addendum, environmental line 33 impact report, or comparable environmental review document line 34 under the California Environmental Quality Act (Division 13 line 35 (commencing with Section 21000) of the Public Resources Code) line 36 that is not an abuse of discretion, as defined in subdivision (b) of line 37 Section 65589.5.1 or subdivision (b) of Section 65589.5.2. line 38 (B) This paragraph shall become inoperative on January 1, 2031. line 39 (8) “Lower density” includes any conditions that have the same line 40 effect or impact on the ability of the project to provide housing. 97 — 63 — AB 650
line 1 (9) Until January 1, 2030, “objective” means involving no line 2 personal or subjective judgment by a public official and being line 3 uniformly verifiable by reference to an external and uniform line 4 benchmark or criterion available and knowable by both the line 5 development applicant or proponent and the public official. line 6 (10) Notwithstanding any other law, until January 1, 2030, line 7 “determined to be complete” means that the applicant has submitted line 8 a complete application pursuant to Section 65943. line 9 (11) “Builder’s remedy project” means a project that meets all line 10 of the following criteria:
line 11 (A) The project is a housing development project that provides line 12 housing for very low, low-, or moderate-income households. line 13 (B) On or after the date an application for the housing line 14 development project or emergency shelter was deemed complete, line 15 the jurisdiction did not have a housing element that was in line 16 substantial compliance with this article.
line 17 (C) The project has a density such that the number of units, as line 18 calculated before the application of a density bonus pursuant to line 19 Section 65915, complies with all of the following conditions:
line 20 (i) The density does not exceed the greatest of the following line 21 densities:
line 22 (I) Fifty percent greater than the minimum density deemed line 23 appropriate to accommodate housing for that jurisdiction as line 24 specified in subparagraph (B) of paragraph (3) of subdivision (c) line 25 of Section 65583.2.
line 26 (II) Three times the density allowed by the general plan, zoning line 27 ordinance, or state law, whichever is greater.
line 28 (III) The density that is consistent with the density specified in line 29 the housing element.
line 30 (ii) Notwithstanding clause (i), the greatest allowable density line 31 shall be 35 units per acre more than the amount allowable pursuant line 32 to clause (i), if any portion of the site is located within any of the line 33 following:
line 34 (I) One-half mile of a major transit stop, as defined in Section line 35 21064.3 of the Public Resources Code.
line 36 (II) A very low vehicle travel area, as defined in subdivision line 37 (h).
line 38 (III) A high or highest resource census tract, as identified by line 39 the latest edition of the “CTCAC/HCD Opportunity Map” 97 AB 650 — 64 —
line 1 published by the California Tax Credit Allocation Committee and line 2 the Department of Housing and Community Development. line 3 (D) (i) On sites that have a minimum density requirement and line 4 are located within one-half mile of a commuter rail station or a line 5 heavy rail station, the density of the project shall not be less than line 6 the minimum density required on the site.
line 7 (I) For purposes of this subparagraph, “commuter rail” means line 8 a railway that is not a light rail, streetcar, trolley, or tramway and line 9 that is for urban passenger train service consisting of local short line 10 distance travel operating between a central city and adjacent suburb line 11 with service operated on a regular basis by or under contract with line 12 a transit operator for the purpose of transporting passengers within line 13 urbanized areas, or between urbanized areas and outlying areas, line 14 using either locomotive-hauled or self-propelled railroad passenger line 15 cars, with multitrip tickets and specific station-to-station fares. line 16 (II) For purposes of this subparagraph, “heavy rail” means an line 17 electric railway with the capacity for a heavy volume of traffic line 18 using high speed and rapid acceleration passenger rail cars line 19 operating singly or in multicar trains on fixed rails, separate line 20 rights-of-way from which all other vehicular and foot traffic are line 21 excluded, and high platform loading.
line 22 (ii) On all other sites with a minimum density requirement, the line 23 density of the project shall not be less than the local agency’s line 24 minimum density or one-half of the minimum density deemed line 25 appropriate to accommodate housing for that jurisdiction as line 26 specified in subparagraph (B) of paragraph (3) of subdivision (c) line 27 of Section 65583.2, whichever is lower.
line 28 (E) The project site does not abut a site where more than line 29 one-third of the square footage on the site has been used, within line 30 the past three years, by a heavy industrial use, or a Title V line 31 industrial use, as those terms are defined in Section 65913.16. line 32 (12) “Condition approval” includes imposing on the housing line 33 development project, or attempting to subject it to, development line 34 standards, conditions, or policies.
line 35 (13) “Unit type” means the form of ownership and the kind of line 36 residential unit, including, but not limited to, single-family line 37 detached, single-family attached, for-sale, rental, multifamily, line 38 townhouse, condominium, apartment, manufactured homes and line 39 mobilehomes, factory-built housing, and residential hotel. 97 — 65 — AB 650
line 1 (14) “Proposed by the applicant” means the plans and designs line 2 as submitted by the applicant, including, but not limited to, density, line 3 unit size, unit type, site plan, building massing, floor area ratio, line 4 amenity areas, open space, parking, and ancillary commercial uses. line 5 (i) If any city, county, or city and county denies approval or line 6 imposes conditions, including design changes, lower density, or line 7 a reduction of the percentage of a lot that may be occupied by a line 8 building or structure under the applicable planning and zoning in line 9 force at the time the housing development project’s application is line 10 complete, that have a substantial adverse effect on the viability or line 11 affordability of a housing development for very low, low-, or line 12 moderate-income households, and the denial of the development line 13 or the imposition of conditions on the development is the subject line 14 of a court action which challenges the denial or the imposition of line 15 conditions, then the burden of proof shall be on the local legislative line 16 body to show that its decision is consistent with the findings as line 17 described in subdivision (d), and that the findings are supported line 18 by a preponderance of the evidence in the record, and with the line 19 requirements of subdivision (o).
line 20 (j) (1) When a proposed housing development project complies line 21 with applicable, objective general plan, zoning, and subdivision line 22 standards and criteria, including design review standards, in effect line 23 at the time that the application was deemed complete, but the local line 24 agency proposes to disapprove the project or to impose a condition line 25 that the project be developed at a lower density, the local agency line 26 shall base its decision regarding the proposed housing development line 27 project upon written findings supported by a preponderance of the line 28 evidence on the record that both of the following conditions exist:
line 29 (A) The housing development project would have a specific, line 30 adverse impact upon the public health or safety unless the project line 31 is disapproved or approved upon the condition that the project be line 32 developed at a lower density. As used in this paragraph, a “specific, line 33 adverse impact” means a significant, quantifiable, direct, and line 34 unavoidable impact, based on objective, identified written public line 35 health or safety standards, policies, or conditions as they existed line 36 on the date the application was deemed complete. line 37 (B) There is no feasible method to satisfactorily mitigate or line 38 avoid the adverse impact identified pursuant to paragraph (1), other line 39 than the disapproval of the housing development project or the 97 AB 650 — 66 —
line 1 approval of the project upon the condition that it be developed at line 2 a lower density.
line 3 (2) (A) If the local agency considers a proposed housing line 4 development project to be inconsistent, not in compliance, or not line 5 in conformity with an applicable plan, program, policy, ordinance, line 6 standard, requirement, or other similar provision as specified in line 7 this subdivision, it shall provide the applicant with written line 8 documentation identifying the provision or provisions, and an line 9 explanation of the reason or reasons it considers the housing line 10 development to be inconsistent, not in compliance, or not in line 11 conformity as follows:
line 12 (i) Within 30 days of the date that the application for the housing line 13 development project is determined to be complete, if the housing line 14 development project contains 150 or fewer housing units. line 15 (ii) Within 60 days of the date that the application for the line 16 housing development project is determined to be complete, if the line 17 housing development project contains more than 150 units. line 18 (B) If the local agency fails to provide the required line 19 documentation pursuant to subparagraph (A), the housing line 20 development project shall be deemed consistent, compliant, and line 21 in conformity with the applicable plan, program, policy, ordinance, line 22 standard, requirement, or other similar provision. line 23 (3) For purposes of this section, the receipt of a density bonus, line 24 incentive, concession, waiver, or reduction of development line 25 standards pursuant to Section 65915 shall not constitute a valid line 26 basis on which to find a proposed housing development project is line 27 inconsistent, not in compliance, or not in conformity, with an line 28 applicable plan, program, policy, ordinance, standard, requirement, line 29 or other similar provision specified in this subdivision. line 30 (4) For purposes of this section, a proposed housing development line 31 project is not inconsistent with the applicable zoning standards line 32 and criteria, and shall not require a rezoning, if the housing line 33 development project is consistent with the objective general plan line 34 standards and criteria but the zoning for the project site is line 35 inconsistent with the general plan. If the local agency has complied line 36 with paragraph (2), the local agency may require the proposed line 37 housing development project to comply with the objective line 38 standards and criteria of the zoning which is consistent with the line 39 general plan, however, the standards and criteria shall be applied line 40 to facilitate and accommodate development at the density allowed 97 — 67 — AB 650
line 1 on the site by the general plan and proposed by the proposed line 2 housing development project.
line 3 (k) (1) (A) (i) The applicant, a person who would be eligible line 4 to apply for residency in the housing development project or line 5 emergency shelter, or a housing organization may bring an action line 6 to enforce this section. If, in any action brought to enforce this line 7 section, a court finds that any of the following are met, the court line 8 shall issue an order pursuant to clause (ii):
line 9 (I) The local agency, in violation of subdivision (d), disapproved line 10 a housing development project or conditioned its approval in a line 11 manner rendering it infeasible for the development of an emergency line 12 shelter, or housing for very low, low-, or moderate-income line 13 households, including farmworker housing, without making the line 14 findings required by this section.
line 15 (II) The local agency, in violation of subdivision (j), disapproved line 16 a housing development project complying with applicable, line 17 objective general plan and zoning standards and criteria, or imposed line 18 a condition that the project be developed at a lower density, without line 19 making the findings required by this section.
line 20 (III) (ia) Subject to sub-subclause (ib), the local agency, in line 21 violation of subdivision (o), required or attempted to require a line 22 housing development project to comply with an ordinance, policy, line 23 or standard not adopted and in effect when a preliminary line 24 application was submitted.
line 25 (ib) This subclause shall become inoperative on January 1, 2030. line 26 (IV) The local agency violated a provision of this section line 27 applicable to a builder’s remedy project.
line 28 (ii) If the court finds that one of the conditions in clause (i) is line 29 met, the court shall issue an order or judgment compelling line 30 compliance with this section within a time period not to exceed line 31 60 days, including, but not limited to, an order that the local agency line 32 take action on the housing development project or emergency line 33 shelter. The court may issue an order or judgment directing the line 34 local agency to approve the housing development project or line 35 emergency shelter if the court finds that the local agency acted in line 36 bad faith when it disapproved or conditionally approved the line 37 housing development or emergency shelter in violation of this line 38 section. The court shall retain jurisdiction to ensure that its order line 39 or judgment is carried out and shall award reasonable attorney’s line 40 fees and costs of suit to the plaintiff or petitioner, provided, 97 AB 650 — 68 —
line 1 however, that the court shall not award attorney’s fees in either of line 2 the following instances:
line 3 (I) The court finds, under extraordinary circumstances, that line 4 awarding fees would not further the purposes of this section. line 5 (II) (ia) In a case concerning a disapproval within the meaning line 6 of subparagraph (I) or (J) of paragraph (6) of subdivision (h), the line 7 court finds that the local agency acted in good faith and had line 8 reasonable cause to disapprove the housing development project line 9 due to the existence of a controlling question of law about the line 10 application of the California Environmental Quality Act (Division line 11 13 (commencing with Section 21000) of the Public Resources line 12 Code) or implementing guidelines as to which there was a line 13 substantial ground for difference of opinion at the time of the line 14 disapproval.
line 15 (ib) This subclause shall become inoperative on January 1, 2031. line 16 (B) Upon a determination that the local agency has failed to line 17 comply with the order or judgment compelling compliance with line 18 this section within the time period prescribed by the court, the line 19 court shall impose fines on a local agency that has violated this line 20 section and require the local agency to deposit any fine levied line 21 pursuant to this subdivision into a local housing trust fund. The line 22 local agency may elect to instead deposit the fine into the Building line 23 Homes and Jobs Trust Fund. The fine shall be in a minimum line 24 amount of ten thousand dollars ($10,000) per housing unit in the line 25 housing development project on the date the application was line 26 deemed complete pursuant to Section 65943. In determining the line 27 amount of the fine to impose, the court shall consider the local line 28 agency’s progress in attaining its target allocation of the regional line 29 housing need pursuant to Section 65584 and any prior violations line 30 of this section. Fines shall not be paid out of funds already line 31 dedicated to affordable housing, including, but not limited to, Low line 32 and Moderate Income Housing Asset Funds, funds dedicated to line 33 housing for very low, low-, and moderate-income households, and line 34 federal HOME Investment Partnerships Program and Community line 35 Development Block Grant Program funds. The local agency shall line 36 commit and expend the money in the local housing trust fund line 37 within five years for the sole purpose of financing newly line 38 constructed housing units affordable to extremely low, very low, line 39 or low-income households. After five years, if the funds have not line 40 been expended, the money shall revert to the state and be deposited 97 — 69 — AB 650
line 1 in the Building Homes and Jobs Trust Fund for the sole purpose line 2 of financing newly constructed housing units affordable to line 3 extremely low, very low, or low-income households. line 4 (C) If the court determines that its order or judgment has not line 5 been carried out within 60 days, the court may issue further orders line 6 as provided by law to ensure that the purposes and policies of this line 7 section are fulfilled, including, but not limited to, an order to vacate line 8 the decision of the local agency and to approve the housing line 9 development project, in which case the application for the housing line 10 development project, as proposed by the applicant at the time the line 11 local agency took the initial action determined to be in violation line 12 of this section, along with any standard conditions determined by line 13 the court to be generally imposed by the local agency on similar line 14 projects, shall be deemed to be approved unless the applicant line 15 consents to a different decision or action by the local agency. line 16 (D) Nothing in this section shall limit the court’s inherent line 17 authority to make any other orders to compel the immediate line 18 enforcement of any writ brought under this section, including the line 19 imposition of fees and other sanctions set forth under Section 1097 line 20 of the Code of Civil Procedure.
line 21 (2) For purposes of this subdivision, “housing organization” line 22 means a trade or industry group whose local members are primarily line 23 engaged in the construction or management of housing units or a line 24 nonprofit organization whose mission includes providing or line 25 advocating for increased access to housing for low-income line 26 households and have filed written or oral comments with the local line 27 agency prior to action on the housing development project. A line 28 housing organization may only file an action pursuant to this line 29 section to challenge the disapproval of a housing development by line 30 a local agency. A housing organization shall be entitled to line 31 reasonable attorney’s fees and costs if it is the prevailing party in line 32 an action to enforce this section.
line 33 (l) If the court finds that the local agency (1) acted in bad faith line 34 when it violated this section and (2) failed to carry out the court’s line 35 order or judgment within the time period prescribed by the court, line 36 the court, in addition to any other remedies provided by this line 37 section, shall multiply the fine determined pursuant to subparagraph line 38 (B) of paragraph (1) of subdivision (k) by a factor of five. If a court line 39 has previously found that the local agency violated this section line 40 within the same planning period, the court shall multiply the fines 97 AB 650 — 70 —
line 1 by an additional factor for each previous violation. For purposes line 2 of this section, “bad faith” includes, but is not limited to, an action line 3 or inaction that is frivolous, pretextual, intended to cause line 4 unnecessary delay, or entirely without merit.
line 5 (m) (1) Any action brought to enforce the provisions of this line 6 section shall be brought pursuant to Section 1094.5 of the Code line 7 of Civil Procedure, and the local agency shall prepare and certify line 8 the record of proceedings in accordance with subdivision (c) of line 9 Section 1094.6 of the Code of Civil Procedure no later than 30 line 10 days after the petition is served, provided that the cost of line 11 preparation of the record shall be borne by the local agency, unless line 12 the petitioner elects to prepare the record as provided in subdivision line 13 (n) of this section. A petition to enforce the provisions of this line 14 section shall be filed and served no later than 90 days from the line 15 later of (1) the effective date of a decision of the local agency line 16 imposing conditions on, disapproving, or any other final action on line 17 a housing development project or (2) the expiration of the time line 18 periods specified in subparagraph (B) of paragraph (5) of line 19 subdivision (h). Upon entry of the trial court’s order, a party may, line 20 in order to obtain appellate review of the order, file a petition line 21 within 20 days after service upon it of a written notice of the entry line 22 of the order, or within such further time not exceeding an additional line 23 20 days as the trial court may for good cause allow, or may appeal line 24 the judgment or order of the trial court under Section 904.1 of the line 25 Code of Civil Procedure. If the local agency appeals the judgment line 26 of the trial court, the local agency shall post a bond, in an amount line 27 to be determined by the court, to the benefit of the plaintiff if the line 28 plaintiff is the project applicant.
line 29 (2) (A) A disapproval within the meaning of subparagraph (I) line 30 of paragraph (6) of subdivision (h) shall be final for purposes of line 31 this subdivision, if the local agency did not make a lawful line 32 determination within the time period set forth in paragraph (5) of line 33 subdivision (a) of Section 65589.5.1 after the applicant’s timely line 34 written notice.
line 35 (B) This paragraph shall become inoperative on January 1, 2031. line 36 (3) (A) A disapproval within the meaning of subparagraph (J) line 37 of paragraph (6) of subdivision (h) shall be final for purposes of line 38 this subdivision, if the local agency did not make a lawful line 39 determination within 90 days of the applicant’s timely written line 40 notice.
97 — 71 — AB 650
line 1 (B) This paragraph shall become inoperative on January 1, 2031. line 2 (n) In any action, the record of the proceedings before the local line 3 agency shall be filed as expeditiously as possible and, line 4 notwithstanding Section 1094.6 of the Code of Civil Procedure or line 5 subdivision (m) of this section, all or part of the record may be line 6 prepared (1) by the petitioner with the petition or petitioner’s points line 7 and authorities, (2) by the respondent with respondent’s points and line 8 authorities, (3) after payment of costs by the petitioner, or (4) as line 9 otherwise directed by the court. If the expense of preparing the line 10 record has been borne by the petitioner and the petitioner is the line 11 prevailing party, the expense shall be taxable as costs. line 12 (o) (1) Subject to paragraphs (2), (6), and (7), and subdivision line 13 (d) of Section 65941.1, a housing development project shall be line 14 subject only to the ordinances, policies, and standards adopted and line 15 in effect when a preliminary application including all of the line 16 information required by subdivision (a) of Section 65941.1 was line 17 submitted.
line 18 (2) Paragraph (1) shall not prohibit a housing development line 19 project from being subject to ordinances, policies, and standards line 20 adopted after the preliminary application was submitted pursuant line 21 to Section 65941.1 in the following circumstances:
line 22 (A) In the case of a fee, charge, or other monetary exaction, to line 23 an increase resulting from an automatic annual adjustment based line 24 on an independently published cost index that is referenced in the line 25 ordinance or resolution establishing the fee or other monetary line 26 exaction.
line 27 (B) A preponderance of the evidence in the record establishes line 28 that subjecting the housing development project to an ordinance, line 29 policy, or standard beyond those in effect when a preliminary line 30 application was submitted is necessary to mitigate or avoid a line 31 specific, adverse impact upon the public health or safety, as defined line 32 in subparagraph (A) of paragraph (1) of subdivision (j), and there line 33 is no feasible alternative method to satisfactorily mitigate or avoid line 34 the adverse impact.
line 35 (C) Subjecting the housing development project to an ordinance, line 36 policy, standard, or any other measure, beyond those in effect when line 37 a preliminary application was submitted is necessary to avoid or line 38 substantially lessen an impact of the project under the California line 39 Environmental Quality Act (Division 13 (commencing with Section line 40 21000) of the Public Resources Code).
97 AB 650 — 72 —
line 1 (D) The housing development project has not commenced line 2 construction within two and one-half years, or three and one-half line 3 years for an affordable housing project, following the date that the line 4 project received final approval. For purposes of this subparagraph:
line 5 (i) “Affordable housing project” means a housing development line 6 that satisfies both of the following requirements:
line 7 (I) Units within the development are subject to a recorded line 8 affordability restriction for at least 55 years for rental housing and line 9 45 years for owner-occupied housing, or the first purchaser of each line 10 unit participates in an equity sharing agreement as described in line 11 subparagraph (C) of paragraph (2) of subdivision (c) of Section line 12 65915.
line 13 (II) All of the units within the development, excluding managers’ line 14 units, are dedicated to lower income households, as defined by line 15 Section 50079.5 of the Health and Safety Code.
line 16 (ii) “Final approval” means that the housing development project line 17 has received all necessary approvals to be eligible to apply for, line 18 and obtain, a building permit or permits and either of the following line 19 is met:
line 20 (I) The expiration of all applicable appeal periods, petition line 21 periods, reconsideration periods, or statute of limitations for line 22 challenging that final approval without an appeal, petition, request line 23 for reconsideration, or legal challenge having been filed. line 24 (II) If a challenge is filed, that challenge is fully resolved or line 25 settled in favor of the housing development project. line 26 (E) The housing development project is revised following line 27 submittal of a preliminary application pursuant to Section 65941.1 line 28 such that the number of residential units or square footage of line 29 construction changes by 20 percent or more, exclusive of any line 30 increase resulting from the receipt of a density bonus, incentive, line 31 concession, waiver, or similar provision, including any other locally line 32 authorized program that offers additional density or other line 33 development bonuses when affordable housing is provided. For line 34 purposes of this subdivision, “square footage of construction” line 35 means the building area, as defined by the California Building line 36 Standards Code (Title 24 of the California Code of Regulations). line 37 (3) This subdivision does not prevent a local agency from line 38 subjecting the additional units or square footage of construction line 39 that result from project revisions occurring after a preliminary line 40 application is submitted pursuant to Section 65941.1 to the 97 — 73 — AB 650
line 1 ordinances, policies, and standards adopted and in effect when the line 2 preliminary application was submitted.
line 3 (4) For purposes of this subdivision, “ordinances, policies, and line 4 standards” includes general plan, community plan, specific plan, line 5 zoning, design review standards and criteria, subdivision standards line 6 and criteria, and any other rules, regulations, requirements, and line 7 policies of a local agency, as defined in Section 66000, including line 8 those relating to development impact fees, capacity or connection line 9 fees or charges, permit or processing fees, and other exactions. line 10 (5) This subdivision shall not be construed in a manner that line 11 would lessen the restrictions imposed on a local agency, or lessen line 12 the protections afforded to a housing development project, that are line 13 established by any other law, including any other part of this line 14 section.
line 15 (6) This subdivision shall not restrict the authority of a public line 16 agency or local agency to require mitigation measures to lessen line 17 the impacts of a housing development project under the California line 18 Environmental Quality Act (Division 13 (commencing with Section line 19 21000) of the Public Resources Code).
line 20 (7) With respect to completed residential units for which the line 21 project approval process is complete and a certificate of occupancy line 22 has been issued, nothing in this subdivision shall limit the line 23 application of later enacted ordinances, policies, and standards line 24 that regulate the use and occupancy of those residential units, such line 25 as ordinances relating to rental housing inspection, rent line 26 stabilization, restrictions on short-term renting, and business line 27 licensing requirements for owners of rental housing. line 28 (8) (A) This subdivision shall apply to a housing development line 29 project that submits a preliminary application pursuant to Section line 30 65941.1 before January 1, 2030.
line 31 (B) This subdivision shall become inoperative on January 1, line 32 2034.
line 33 (p) (1) Upon any motion for an award of attorney’s fees line 34 pursuant to Section 1021.5 of the Code of Civil Procedure, in a line 35 case challenging a local agency’s approval of a housing line 36 development project, a court, in weighing whether a significant line 37 benefit has been conferred on the general public or a large class line 38 of persons and whether the necessity of private enforcement makes line 39 the award appropriate, shall give due weight to the degree to which line 40 the local agency’s approval furthers policies of this section, 97 AB 650 — 74 —
line 1 including, but not limited to, subdivisions (a), (b), and (c), the line 2 suitability of the site for a housing development, and the line 3 reasonableness of the decision of the local agency. It is the intent line 4 of the Legislature that attorney’s fees and costs shall rarely, if ever, line 5 be awarded if a local agency, acting in good faith, approved a line 6 housing development project that satisfies conditions established line 7 in paragraph (1), (2), or (3) of subdivision (a) of Section 65589.5.1 line 8 or paragraph (1), (2), or (3) of subdivision (a) of Section 65589.5.2. line 9 (2) This subdivision shall become inoperative on January 1, line 10 2031.
line 11 (q) This section shall be known, and may be cited, as the line 12 Housing Accountability Act.
line 13 (r) The provisions of this section are severable. If any provision line 14 of this section or its application is held invalid, that invalidity shall line 15 not affect other provisions or applications that can be given effect line 16 without the invalid provision or application.
line 17 SEC. 8. No reimbursement is required by this act pursuant to line 18 Section 6 of Article XIIIB of the California Constitution because line 19 a local agency or school district has the authority to levy service line 20 charges, fees, or assessments sufficient to pay for the program or line 21 level of service mandated by this act, within the meaning of Section line 22 17556 of the Government Code.
O
97 — 75 — AB 650
california legislature—2025–26 regular session
ASSEMBLY BILL No. 874
Introduced by Assembly Member Ávila Farías
February 19, 2025
An act to add Section 66007.5 to the Government Code, relating to land use.
legislative counsel’s digest
AB 874, as introduced, Ávila Farías. Mitigation Fee Act: waiver of fees: affordable rental housing.
Existing law, the Mitigation Fee Act, imposes certain requirements on a local agency that imposes a fee as a condition of approval of a development project that is imposed to provide for an improvement to be constructed to serve the development project, or a fee for public improvements, as specified. The act also regulates fees for development projects and fees for specific purposes, including water and sewer connection fees, among others. The act, among other things, requires local agencies to comply with various conditions when imposing fees, extractions, or charges as a condition of approval of a proposed development or development project. The act prohibits a local agency that imposes fees or charges on a residential development for the construction of public improvements or facilities from requiring the payment of those fees or charges until the date of the final inspection or the date the certificate of occupancy is issued, whichever occurs first, except for utility service fees, as provided.
This bill would require a local agency to waive fees or charges that are collected by a local agency to fund the construction of public improvements or facilities for residential developments subject to a regulatory agreement with a public entity, as provided, that includes
99 certain income and affordability requirements. The bill would exclude from this requirement those fees or charges, as applicable, for the construction or reconstruction of school facilities or that cover the cost of code enforcement, inspection services, or other fees collected to pay for the cost of enforcement of local ordinances or state law.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 66007.5 is added to the Government line 2 Code, to read:
line 3 66007.5. (a) Notwithstanding Section 66007, and except as line 4 provided in subdivision (b), a local agency shall waive a fee or line 5 charge, imposed pursuant to this chapter and as further described line 6 in subdivision (b), for a residential development subject to a line 7 regulatory agreement with a public entity for a term of at least 55 line 8 years in which at least 49 percent of the total units, exclusive of line 9 manager units, are reserved for occupancy by lower income line 10 households, as defined in Section 50079.5 of the Health and Safety line 11 Code, at an affordable rent, as defined in Section 50053 of the line 12 Health and Safety Code.
line 13 (b) (1) This section shall not apply to fees or charges levied line 14 pursuant to Chapter 6 (commencing with Section 17620) of Part line 15 10.5 of Division 1 of Title 1 of the Education Code. line 16 (2) This section shall apply only to fees collected by a local line 17 agency to fund the construction of public improvements or line 18 facilities. This section shall not apply to fees collected to cover line 19 the cost of code enforcement, inspection services, or other fees line 20 collected to pay for the cost of enforcement of local ordinances or line 21 state law.
O
99 AB 874 — 2 —
AMENDED IN ASSEMBLY MARCH 27, 2025
california legislature—2025–26 regular session
ASSEMBLY BILL No. 1206
Introduced by Assembly Member Harabedian
(Coauthor: Assembly Member Haney)
February 21, 2025
An act to add Section 65852.29 to the Government Code, relating to housing.
legislative counsel’s digest
AB 1206, as amended, Harabedian. Single-family and multifamily housing units: preapproved plans.
Existing law, the Planning and Zoning Law, provides for the adoption and administration of zoning laws, ordinances, rules and regulations by counties and cities and the implementation of those general plans as may be in effect in those counties or cities. In that regard, existing law requires each local agency, by January 1, 2025, to develop a program for the preapproval of accessory dwelling unit plans.
This bill would require each local agency, as defined and by January July 1, 2026, to develop a program for the preapproval of single-family and multifamily residential housing plans, whereby the local agency accepts single-family and multifamily plan submissions for preapproval and approves or denies the preapproval applications, as specified. The bill would authorize a local agency to charge a fee to an applicant for the preapproval of a single-family or multifamily residential housing plan, as specified. The bill would require the local agency to post preapproved single-family or multifamily residential housing plans and the contact information of the applicant on the local agency’s internet website. The bill would require a local agency to either approve or deny
98 an application for a single-family or multifamily residential housing unit unit, both as defined, within 30 days that if the lot meets certain conditions and the application utilizes either a single-family or multifamily residential housing unit plan preapproved within the current triennial California Building Standards Code rulemaking cycle or a plan that is identical to a plan used in an application for a single-family or multifamily residential housing unit approved by the local agency within the current triennial California Building Standards Code rulemaking cycle. The bill would also provide that its provisions do not prevent a local agency from voluntarily accepting or admitting additional plans at higher densities in additional zoning districts into the preapproved housing plan program, at the local agency’s discretion. By imposing new duties on local agencies, the bill would create 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 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:
line 1 SECTION 1. Section 65852.29 is added to the Government line 2 Code, to read:
line 3 65852.29. (a) Each local agency shall, by January July 1, 2026, line 4 develop a program for the preapproval of single-family and line 5 multifamily residential housing plans. The program shall comply line 6 with all of the following:
line 7 (1) The local agency shall accept single-family and multifamily line 8 residential housing plan submissions for preapproval. line 9 (2) The local agency shall not restrict who may line 10 submitsingle-family and multifamily residential housing plan line 11 submissions for preapproval.
line 12 (3)
98 AB 1206 — 2 —
line 1 (2) (A) The local agency shall approve or deny the application line 2 for preapproval pursuant to the standards established in applicable line 3 state and local housing regulations.
line 4 (B) The local agency may charge the applicant the same line 5 permitting fees that the local agency would charge an applicant line 6 seeking approval for the same-sized single-family or multifamily line 7 residential housing unit in reviewing and approving a preapproved line 8 housing plan submission.
line 9 (4)
line 10 (3) (A) (i) Single-family and multifamily residential housing line 11 plans that are preapproved pursuant to this subdivision shall be line 12 posted on the local agency’s internet website.
line 13 (ii) The posting of a preapproved housing plan pursuant to clause line 14 (i) shall not be considered an endorsement of the applicant or line 15 approval of the applicant’s application for a Single-family line 16 single-family or multifamily residential housing unit by the local line 17 agency.
line 18 (B) (i) The local agency shall also post the contact information line 19 of the applicant of a preapproved housing plan, as provided by the line 20 applicant.
line 21 (ii) The local agency shall not be responsible for the accuracy line 22 of the contact information posted pursuant to clause (i). line 23 (C) A local agency shall remove a preapproved housing plan line 24 from their internet website within 30 days of receiving a request line 25 for removal from the applicant.
line 26 (5)
line 27 (4) A local agency may also admit plans that have been line 28 developed and preapproved by the local agency for single-family line 29 and multifamily residential housing plans into the program. line 30 (5) Nothing in this section shall prevent a local agency from line 31 voluntarily accepting or admitting additional plans at higher line 32 densities in additional zoning districts into the preapproved line 33 housing plan program, at the local agency’s discretion. line 34 (b) A local agency shall approve or deny an application for a line 35 single-family or multifamily residential housing unit ministerially line 36 without discretionary review, except that the local agency shall line 37 either approve or deny the application within 30 days from the line 38 date the local agency receives a completed application, if the lot line 39 for which the application is proposed meet the soil conditions, line 40 topography, flood zone, zoning regulations, and design review 98 — 3 — AB 1206
line 1 standards for which the preapproved plan was designed and the line 2 application utilizes either of the following:
line 3 (1) A plan for a single-family or multifamily residential housing line 4 unit that has been preapproved by the local agency within the line 5 current triennial California Building Standards Code rulemaking line 6 cycle.
line 7 (2) A plan that is identical to a plan used in an application for line 8 a single- or multifamily residential housing unit approved by the line 9 local agency within the current triennial California Building line 10 Standards Code rulemaking cycle.
line 11 (c) For purposes of this section, “single-family section:
line 12 (1) “Local agency” means a city, county, or city and county. line 13 (2) “Multifamlily residential housing unit” means a building line 14 containing 2 to 10 residential units.
line 15 (3) “Single-family residential housing unit,” “multifamily line 16 residential housing unit,” and “local agency” have unit” has the line 17 same meaning as those terms are defined in applicable housing line 18 regulations.
line 19 (d) The Legislature finds and declares that the lack of housing line 20 is a matter of statewide concern and is not a municipal affair as line 21 that term is used in Section 5 of Article XI of the California line 22 Constitution. Therefore, this section applies to all cities, including line 23 charter cities.
line 24 SEC. 2. No reimbursement is required by this act pursuant to line 25 Section 6 of Article XIIIB of the California Constitution because line 26 a local agency or school district has the authority to levy service line 27 charges, fees, or assessments sufficient to pay for the program or line 28 level of service mandated by this act, within the meaning of Section line 29 17556 of the Government Code.
O
98 AB 1206 — 4 —
AMENDED IN SENATE MARCH 10, 2025
SENATE BILL No. 35
Introduced by Senator Umberg
December 3, 2024
An act to amend Section 1019 of the Penal Code, relating to criminal procedure. Sections 11833.05 and 11834.31 of the Health and Safety Code, relating to public health.
legislative counsel’s digest
SB 35, as amended, Umberg. Criminal procedure: pleas. Alcohol and drug programs.
Existing law provides for the licensure and regulation of adult alcohol or other drug recovery or treatment facilities by the State Department of Public Health and prohibits the operation of one of those facilities without a current valid license. Existing law requires the department, if a facility is alleged to be in violation of that prohibition, to conduct a site visit to investigate the allegation. Existing law requires, if the department’s employee or agent finds evidence that the facility is providing services without a license, the employee or agent to take specified actions, including, among others, submitting the findings of the investigation to the department and issuing a written notice to the facility that includes the date by which the facility is required to cease providing services.
This bill would require the department to initiate that investigation within 10 days of receiving the allegation and complete the investigation within 60 days of initiating the investigation. The bill would require the employee or agent to provide the notice described above within 10 days of the employee or agency submitting their findings to the department and to conduct a followup site visit to determine whether
98 the facility has ceased providing services by the date specified in the notice. The bill would authorize these provisions to be enforced by the city attorney of a city in which the facility is located, or by the county counsel or the county behavioral health agency if the facility is located in the unincorporated area of the county, if the department fails to initiate or conclude the investigation in accordance with these time limits.
Existing law requires licensed adult alcohol or other drug recovery or treatment facilities and certified alcohol or other drug programs to disclose to the department whether any of its agents, partners, directors, officers, or owners has a specified interest in a recovery residence and requires the department to take action against an unlicensed facility that is disclosed as a recovery residence.
This bill would require the department, if it takes action against a recovery residence pursuant to that provision, to conduct a site visit of a certified program or licensed facility that has disclosed the specified interest in the recovery residence.
Existing law specifies that there are 6 kinds of pleas to an indictment or an information, or to a complaint charging a misdemeanor or infraction, one of which is a plea of not guilty. Existing law specifies that a plea of not guilty puts every material allegation of the accusatory pleading in issue except allegations regarding previous convictions.
This bill would make technical, nonsubstantive changes to that provision.
Vote: majority. Appropriation: no. Fiscal committee: no yes.
State-mandated local program: no.
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 11833.05 of the Health and Safety Code line 2 is amended to read:
line 3 11833.05. (a) A program certified by the department pursuant line 4 to Chapter 7.1 (commencing with Section 11832) or a facility line 5 licensed by the department pursuant to Chapter 7.5 (commencing line 6 with Section 11834.01) shall disclose to the department if any of line 7 its agents, partners, directors, officers, or owners, including a sole line 8 proprietor and member, has either of the following:
line 9 (1) Ownership or control of, or financial interest in, a recovery line 10 residence.
98 SB 35 — 2 —
line 1 (2) Any contractual relationship with an entity that regularly line 2 provides professional services or substance use disorder treatment line 3 or recovery services to clients of programs certified or facilities line 4 licensed by the department, if the entity is not part of the program line 5 certified or facility licensed by the department. line 6 (b) All programs certified or facilities licensed by the department line 7 shall make the disclosures pursuant to subdivision (a) upon initial line 8 licensure or certification, upon renewal of licensure or certification, line 9 and upon a licensed facility or certified program acquiring or line 10 starting a relationship that meets the description in paragraph (1) line 11 or (2) of subdivision (a).
line 12 (c) The department may suspend or revoke the certification of line 13 a program or license of a facility for failing to disclose the line 14 information required in subdivision (a).
line 15 (d) (1) The department shall take action pursuant to Section line 16 11834.31 against an unlicensed facility that is disclosed as a line 17 recovery residence pursuant to paragraph (1) of subdivision (a). line 18 This subdivision does not require an investigation of a recovery line 19 residence that is not alleged to be operating in violation of Section line 20 11834.30.
line 21 (2) If the department takes action against a recovery residence, line 22 as described in paragraph (1), the department shall conduct a site line 23 visit of a certified program or licensed facility that has disclosed line 24 an interest in the recovery residence pursuant to subdivision (a). line 25 (e) The department may refer a substantiated complaint against line 26 a recovery residence to other enforcement entities as appropriate line 27 under state or federal law, including the Department of Insurance, line 28 the Department of Managed Health Care, the Attorney General, line 29 and the United States Attorney General.
line 30 (f) For the purposes of this section, “recovery residence” means line 31 a residential dwelling that provides primary housing for individuals line 32 who seek a cooperative living arrangement that supports personal line 33 recovery from a substance use disorder and that does not require line 34 licensure by the department or does not provide licensable services, line 35 pursuant to Chapter 7.5 (commencing with Section 11834.01). A line 36 recovery residence may include, but is not limited to, residential line 37 dwellings commonly referred to as “sober living homes,” “sober line 38 living environments,” or “unlicensed alcohol and drug free line 39 residences.”
98 — 3 — SB 35
line 1 SEC. 2. Section 11834.31 of the Health and Safety Code is line 2 amended to read:
line 3 11834.31. (a) (1) If a facility is alleged to be in violation of line 4 Section 11834.30, the department shall conduct a site visit to line 5 investigate the allegation. If
line 6 (2) In conducting the investigation, the department shall do line 7 both of the following:
line 8 (A) Initiate an investigation of the allegation within 10 days of line 9 receiving the allegation.
line 10 (B) Complete the investigation within 60 days of the initiation line 11 of the of the investigation.
line 12 (3) The department may extend the time limits in paragraph (2) line 13 if it notifies the person who made the initial allegation and the line 14 time from receipt of the allegation to the conclusion of the line 15 investigation does not exceed 90 days.
line 16 (b) If the department’s employee or agent finds evidence that line 17 the facility is providing alcohol or other drug recovery, treatment, line 18 or detoxification services without a license, the employee or agent line 19 shall take the following actions:
line 20 (a)
line 21 (1) Submit the findings of the investigation to the department. line 22 (b)
line 23 (2) Upon departmental authorization, issue a written notice to line 24 the facility stating that the facility is operating in violation of line 25 Section 11834.30. The notice shall be provided to the facility within line 26 10 days of the employee or agency submitting their findings to the line 27 department pursuant to paragraph (1) and shall include all of the line 28 following:
line 29 (1)
line 30 (A) The date by which the facility shall cease providing services. line 31 (2)
line 32 (B) Notice that the department will assess against the facility a line 33 civil penalty of two thousand dollars ($2,000) per day for every line 34 day the facility continues to provide services beyond the date line 35 specified in the notice.
line 36 (3)
line 37 (C) Notice that the case will be referred for civil proceedings line 38 pursuant to Section 11834.32 in the event the facility continues to line 39 provide services beyond the date specified in the notice. line 40 (c)
98 SB 35 — 4 —
line 1 (3) Inform the facility of the licensing requirements of this line 2 chapter.
line 3 (4) Conduct a followup site visit to determine whether the facility line 4 has ceased providing services by the date specified in line 5 subparagraph (A) of paragraph (2).
line 6 (d)
line 7 (c) A person or entity found to be in violation of Section line 8 11834.30 shall be prohibited from applying for initial licensure line 9 for a period of five years from the date of the notice specified in line 10 paragraph (2) of subdivision (b).
line 11 (d) The provisions of this section may be enforced by the city line 12 attorney of a city in which the facility is located, or by the county line 13 counsel or the county behavioral health agency if the facility is line 14 located in the unincorporated area of the county, if the department line 15 fails to initiate or conclude the investigation in accordance with line 16 the time limits specified in subdivision (a).
line 17 SECTION 1. Section 1019 of the Penal Code is amended to line 18 read:
line 19 1019. A plea of not guilty puts every material allegation of the line 20 accusatory pleading in issue except those allegations regarding line 21 previous convictions of the defendant to which an answer is line 22 required by Section 1025.
O
98 — 5 — SB 35
AMENDED IN SENATE MARCH 28, 2025
SENATE BILL No. 329
Introduced bySenator BlakespearSenators Blakespear and Umberg (Coauthor: Senator Umberg)
(Coauthors: Assembly Members Davies and Dixon)
February 11, 2025
An act to add Section 11834.11 to the Health and Safety Code, relating to alcohol and drug programs.
legislative counsel’s digest
SB 329, as amended, Blakespear. Alcohol and drug recovery or treatment facilities: investigations.
Existing law provides for the licensure and regulation of alcohol or other drug recovery or treatment facilities by the State Department of Health Care Services. Existing law prohibits operating an alcohol or other drug recovery or treatment facility to provide recovery, treatment, or detoxification services within this state without first obtaining a current valid license. If a facility is alleged to be providing those services without a license, existing law requires the department to conduct a site visit to investigate the allegation. Existing law also authorizes the department to conduct announced or unannounced site visits to licensed facilities for the purpose of reviewing them for compliance, as specified.
This bill would require the department to assign a complaint under its jurisdiction regarding an alcohol or other drug recovery or treatment facility to an analyst for investigation within 10 days of receiving the complaint. If the department receives a complaint that does not fall under its jurisdiction, the bill would require the department to notify the complainant, in writing, that it does not investigate that type of complaint. The bill would require the department to complete an
98 investigation into a complaint regarding a facility within 60 days of receiving the complaint. assigning the complaint unless the department requires additional resources, as specified, to complete the investigation.
If the department is not able to complete an investigation within 60 days, the bill would require the department to notify the complainant, in writing, of the reason for the delay.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 11834.11 is added to the Health and line 2 Safety Code, to read:
line 3 11834.11. The department shall complete conduct an line 4 investigation into a complaint regarding an alcohol or other drug line 5 recovery or treatment facility in accordance with both of the line 6 following requirements: following:
line 7 (a) The (1) If the department determines that it has jurisdiction line 8 over a complaint, the department shall assign a complaint to an line 9 analyst for investigation within 10 days of receiving the complaint. line 10 (2) If the department receives a complaint that does not fall line 11 under its jurisdiction, the department shall notify the complainant line 12 in writing, including through electronic means, that it does not line 13 investigate that type of complaint.
line 14 (b) (1) The department shall complete an investigation within line 15 60 days of receiving the complaint. assigning the complaint unless line 16 the department requires either of the following:
line 17 (A) Assistance from local or other state agencies to complete line 18 the investigation.
line 19 (B) Significant additional resources to complete the line 20 investigation, as determined by the department. line 21 (2) If the department is not able to complete an investigation line 22 within 60 days, the department shall notify the complainant in line 23 writing, including through electronic means, of the reason for the line 24 delay.
O
98 SB 329 — 2 —
AMENDED IN ASSEMBLY MARCH 20, 2025
california legislature—2025–26 regular session
ASSEMBLY BILL No. 3
Introduced by Assembly Member Dixon
December 2, 2024
An act to amend Section 11834.23 of the Health and Safety Code, relating to alcohol and drug treatment facilities.
legislative counsel’s digest
AB 3, as amended, Dixon. Alcohol and drug treatment facilities:
local regulation.
Existing law declares that it is the policy of the state that each county and city shall permit and encourage the development of sufficient numbers and types of alcoholism or drug abuse recovery or treatment facilities as are commensurate with local need. Existing law requires an alcoholism or drug abuse recovery or treatment facility that serves 6 or fewer persons to be considered a residential use of property for the purposes of local regulation, regardless of whether or not unrelated persons are living together.
This bill would exempt an alcoholism or drug abuse recovery or treatment facility licensed on or after January 1, 2026, from being considered a residential use of property for the purposes of local regulation if the facility is located within 300 feet of another recovery or treatment facility, both facilities share the same owner or director or share programs or amenities, and the total number of residents in both facilities is greater than 6. multiple single-family dwellings are being used as a licensed or unlicensed alcohol or other drug recovery or treatment facility, they share an owner, a director, programs, or amenities with another facility, and any of the dwellings are within 300
98 feet of that facility, or if a single-family dwelling being used as an alcohol or other drug recovery or treatment facility shares an owner, a director, programs, or amenities with another facility that is commercially owned, operated, and licensed that is located anywhere in the state.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 11834.23 of the Health and Safety Code, line 2 as amended by Section 53 of Chapter 847 of the Statutes of 2024, line 3 is amended to read:
line 4 11834.23. (a) Whether or not unrelated persons are living line 5 together, an alcohol or other drug recovery or treatment facility line 6 that serves six or fewer persons shall be considered a residential line 7 use of property for the purposes of this article. In addition, the line 8 residents and operators of the facility shall be considered a family line 9 for the purposes of any law or zoning ordinance that relates to the line 10 residential use of property pursuant to this article. line 11 (b) For the purpose of all local ordinances, an alcohol or other line 12 drug recovery or treatment facility that serves six or fewer persons line 13 shall not be included within the definition of a boarding house, line 14 rooming house, institution or home for the care of minors, the line 15 aged, or persons with mental health disorders, foster care home, line 16 guest home, rest home, community residence, or other similar term line 17 that implies that the alcohol or other drug recovery or treatment line 18 home is a business run for profit or differs in any other way from line 19 a single-family residence.
line 20 (c) This section does not forbid a city, county, or other local line 21 public entity from placing restrictions on building heights, setback, line 22 lot dimensions, or placement of signs of an alcohol or other drug line 23 recovery or treatment facility that serves six or fewer persons as line 24 long as the restrictions are identical to those applied to other line 25 single-family residences.
line 26 (d) This section does not forbid the application to an alcohol or line 27 other drug recovery or treatment facility of any local ordinance line 28 that deals with health and safety, building standards, environmental line 29 impact standards, or any other matter within the jurisdiction of a line 30 local public entity. However, the ordinance shall not distinguish 98 AB 3 — 2 —
line 1 alcohol or other drug recovery or treatment facilities that serve six line 2 or fewer persons from other single-family dwellings or distinguish line 3 residents of alcohol or other drug recovery or treatment facilities line 4 from persons who reside in other single-family dwellings. line 5 (e) A conditional use permit, zoning variance, or other zoning line 6 clearance shall not be required of an alcohol or other drug recovery line 7 or treatment facility that serves six or fewer persons that is not line 8 required of a single-family residence in the same zone. line 9 (f) Use of a single-family dwelling for purposes of an alcohol line 10 or other drug recovery facility serving six or fewer persons shall line 11 not constitute a change of occupancy for purposes of Part 1.5 line 12 (commencing with Section 17910) of Division 13 or local building line 13 codes. However, this section does not supersede Section 13143 or line 14 13143.6, to the extent those sections are applicable to alcohol or line 15 other drug recovery or treatment facilities serving six or fewer line 16 residents.
line 17 (g) This section does not apply to a facility licensed on or after line 18 January 1, 2026, located within 300 feet of another facility line 19 described in this section, as measured from the nearest property line 20 line on which a facility is located to the nearest property line of line 21 the other facility, if both facilities share the same owner or director line 22 or share programs or amenities, and the total number of residents line 23 in both facilities is greater than six.
line 24 (g) This section does not apply if there are multiple single-family line 25 dwellings that are being used as a licensed or unlicensed alcohol line 26 or other drug recovery or treatment facility that shares an owner, line 27 a director, programs, or amenities with another facility and any line 28 of the dwellings are located within 300 feet of that facility, as line 29 measured from the nearest property line on which the facility is line 30 located to the nearest property lines of the individual single-family line 31 dwellings.
line 32 (h) This section does not apply if a single-family dwelling being line 33 used as a licensed or unlicensed alcohol or other drug recovery line 34 or treatment facility shares an owner, a director, programs, or line 35 amenities with a commercially owned, operated, and licensed line 36 facility that is located anywhere in the state.
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98 — 3 — AB 3
AMENDED IN ASSEMBLY MARCH 19, 2025
california legislature—2025–26 regular session
ASSEMBLY BILL No. 424
Introduced by Assembly Member Davies
February 5, 2025
An act to add Section 11834.33 to the Health and Safety Code, relating to alcohol and other drug programs.
legislative counsel’s digest
AB 424, as amended, Davies. Alcohol and other drug programs:
complaints.
Existing law provides for the licensure and regulation of alcohol or other drug recovery or treatment facilities serving adults by the State Department of Health Care Services, as prescribed. Existing law prohibits the operation, establishment, management, conduct, or maintenance of an alcohol or other drug recovery or treatment facility to provide recovery, treatment, or detoxification services within this state without first obtaining a current valid license.
This bill would, when the department receives a complaint against a licensed alcohol or other drug recovery or treatment facility, or a complaint alleging that a facility is unlawfully operating without a license, from a member of the public, require the department to provide, within 30 10 days of the date of the complaint, notice to the person filing the complaint that the complaint has been received and to provide, upon closing the complaint, notice to the person filing the complaint that the complaint has been closed and whether the department found the facility to be in violation of the provisions governing facility licensure and regulation.
98 Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 11834.33 is added to the Health and line 2 Safety Code, to read:
line 3 11834.33. When the department receives a complaint against line 4 an alcohol or other drug recovery or treatment facility licensed line 5 pursuant to this chapter, or against a facility alleged to be in line 6 violation of Section 11834.30, from a member of the public, the line 7 department shall do both of the following:
line 8 (a) Within 30 10 days of the date of the complaint, provide line 9 notice to the person filing the complaint that the complaint has line 10 been received.
line 11 (b) Upon closing the complaint, provide notice to the person line 12 filing the complaint that the complaint has been closed and whether line 13 the department found the facility to be in violation of this chapter.
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98 AB 424 — 2 —
AMENDED IN ASSEMBLY APRIL 24, 2025
california legislature—2025–26 regular session
ASSEMBLY BILL No. 425
Introduced by Assembly Member Davies
February 5, 2025
An act to add Section 11832.26 to the Health and Safety Code, relating to public health.
legislative counsel’s digest
AB 425, as amended, Davies. Certification of alcohol and or other drug programs.
Existing law grants the sole authority in state government to the State Department of Health Care Services to certify alcohol or other drug programs and to license adult alcohol or other drug abuse recovery or treatment facilities. Existing law requires the department to adopt the American Society of Addiction Medicine (ASAM) treatment criteria, or an equivalent evidence-based standard, as the minimum standard of care for licensed facilities and requires a licensee to maintain those standards with respect to the level of care to be provided by the licensee.
This bill would similarly require the department to adopt theAmerican Society of Addiction MedicineASAM treatment criteria, or an equivalent evidence-based standard, as the minimum standard of care for alcohol or other drug programs certified by the department. The bill would also require certified programs to maintain those standards with respect to the level of care to be provided by the certified program. The The bill would authorize the department to implement, interpret, or make specific this section implement these provisions by means of plan or provider bulletins or similar instructions until regulations are adopted and would require that regulations be adopted by January 1, 2026. 2027.
98 Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
The people of the State of California do enact as follows:
line 1 SECTION 1. (a) The Legislature finds and declares the line 2 following:
line 3 (1) Drug Medi-Cal organized delivery system (DMC-ODS) is line 4 a program for the organized delivery of substance use disorder line 5 (SUD) services to Medi-Cal-eligible individuals with SUD residing line 6 in a county that has elected to participate in the DMC-ODS line 7 program.
line 8 (2) Critical elements of DMC-ODS include providing a line 9 continuum of care modeled after the American Society of line 10 Addiction Medicine (ASAM) Criteria for SUD treatment services, line 11 increased local control and accountability, greater administrative line 12 oversight, creation of utilization controls to improve care and line 13 efficient use of resources, evidence-based practices in substance line 14 use treatment, and increased coordination with other systems of line 15 care.
line 16 (3) According to the State Department of Health Care Services, line 17 this approach provides Medi-Cal members with access to the care line 18 and system interaction needed in order to achieve sustainable line 19 recovery.
line 20 (b) It is the intent of the Legislature to assist all who seek SUD line 21 recovery in California to achieve sustainable recovery. Therefore, line 22 it is further the intent of the Legislature that all SUD programs line 23 certified by the State of California be required to meet or exceed line 24 ASAM standards and evidence-based practices.
line 25 SEC. 2. Section 11832.26 is added to the Health and Safety line 26 Code, to read:
line 27 11832.26. (a) The department shall adopt the American Society line 28 of Addiction Medicine treatment criteria criteria, or an equivalent line 29 evidence-based standard standard, as the minimum standard of line 30 care for an alcohol or other drug program certified in accordance line 31 with this chapter. A certified program shall maintain those line 32 standards with respect to the level of care to be provided by the line 33 certified program.
line 34 (b) The department may implement, interpret, or make specific line 35 this section by means of plan or provider bulletins or similar 98 AB 425 — 2 —
line 1 instructions until regulations are adopted. The department shall line 2 adopt regulations by January 1, 2026. 2027.
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98 — 3 — AB 425
california legislature—2025–26 regular session
ASSEMBLY BILL No. 492
Introduced by Assembly Member Valencia
(Principal coauthor: Senator Umberg)
(Coauthors: Assembly Members Davies, Dixon, and Petrie-Norris, and Sanchez)
February 10, 2025
An act to amend Section 11834.09 of the Health and Safety Code, relating to public health.
legislative counsel’s digest
AB 492, as introduced, Valencia. Alcohol and drug programs:
licensing.
Under existing law, the State Department of Health Care Services is responsible for administering prevention, treatment, and recovery services for alcohol and drug abuse and problem gambling. Existing law authorizes the department to issue a license to operate an alcohol or other drug recovery or treatment facility upon receipt of a completed written application, fire clearance, and licensing fee, as specified.
This bill would require the department, whenever it issues a license to operate an alcohol or other drug recovery or treatment facility, to concurrently provide written notification of the issuance of the license to the city or county in which the facility is located. The bill would require the notice to include the name and mailing address of the licensee and the location of the facility.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
Revised 4-23-25—See last page. 99
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 11834.09 of the Health and Safety Code line 2 is amended to read:
line 3 11834.09. (a) (1) The department may issue a single license line 4 to operate an alcohol or other drug recovery or treatment facility line 5 upon receipt of a completed written application, fire clearance, line 6 and licensing fee subject to the department’s review and line 7 determination that the applicant can comply with this chapter and line 8 regulations adopted pursuant to this chapter.
line 9 (2) Whenever the department issues a license pursuant to line 10 paragraph (1), the department shall concurrently provide written line 11 notification of the issuance of the license to the city in which the line 12 facility is located. If the facility is located within an unincorporated line 13 area, the notice shall instead be provided to the county. The notice line 14 shall include the name and mailing address of the licensee and line 15 the location of the facility.
line 16 (b) Failure to submit a completed written application, fire line 17 clearance, and payment of the required licensing fee in a timely line 18 manner shall result in termination of the department’s licensure line 19 review and shall require submission of a new application by the line 20 applicant.
line 21 (c) Failure of the applicant to demonstrate the ability to comply line 22 with this chapter or the regulations adopted pursuant to this chapter line 23 shall result in departmental denial of the application for licensure. line 24 (d) Initial licenses for new facilities shall be provisional for one line 25 year. During the term of the provisional license, the department line 26 may revoke the license for good cause. For the purposes of this line 27 section, “good cause” means failure to operate in compliance with line 28 this chapter or the regulations adopted pursuant to this chapter. A line 29 licensee may not reapply for an initial license for five years line 30 following a revocation of a provisional license. line 31 (e) On or before July 1, 2022, the department shall adopt line 32 regulations to implement this section in accordance with the line 33 Administrative Procedure Act (Chapter 3.5 (commencing with line 34 Section 11340) of Part 1 of Division 3 of Title 2 of the Government line 35 Code).
line 36 (f) Notwithstanding the rulemaking provisions of the line 37 Administrative Procedure Act, the department may implement, line 38 interpret, or make specific this section by means of provider 99 AB 492 — 2 —
line 1 bulletins, written guidelines, or similar instructions, until line 2 regulations are adopted.
line 3
line 4
REVISIONS: line 5
Heading—Line 3. line 6
line 7
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99 — 3 — AB 492
AMENDED IN ASSEMBLY APRIL 21, 2025
california legislature—2025–26 regular session
ASSEMBLY BILL No. 877
Introduced by Assembly Member Dixon
February 19, 2025
An act to add and repeal Section 1348.97 of the Health and Safety Code, to add and repeal Section 10127.25 of the Insurance Code, and to add and repeal Section 14124.17 of the Welfare and Institutions Code, relating to health care coverage.
legislative counsel’s digest
AB 877, as amended, Dixon. Health care coverage: substance use disorder: residential facilities.
Existing law provides for the regulation of health care service plans by the Department of Managed Health Care and health insurers by the Department of Insurance. Existing law requires a health care service plan contract or disability insurance policy to provide coverage for medically necessary treatment of mental health and substance use disorders, as defined, under the same terms and conditions applied to other medical conditions.
Existing law establishes the Medi-Cal program, which is administered by the State Department of Health Care Services and under which qualified low-income individuals receive medically necessary health care services, including specified mental health and substance use disorder services, pursuant to a schedule of benefits.
Existing law provides for the regulation of community care facilities that provide nonmedical care, including residential facilities, short-term residential therapeutic programs, and group homes by the State Department of Social Services. Existing law requires the care and
98 supervision provided by a short-term residential therapeutic program or group home to be nonmedical, except as otherwise permitted by law.
This bill would require the Department of Managed Health Care, the Department of Insurance, and the State Department of Health Care Services to prepare and send one letter to each chief financial officer of a health care service plan, health insurer, or Medi-Cal managed care plan that provides coverage, including out-of-network benefits, in California for substance use disorder in residential facilities, as defined.
The bill would require the letter to include, among other things, a statement informing the plan or insurer that substance use disorder treatment in licensed and certified or unlicensed residential facilities is almost exclusively nonmedical, with rare exceptions. The bill would authorize the Department of Managed Health Care, the Department of Insurance, and the State Department of Health Care Services to consult with each other, and would require those departments to consult with the State Department of Social Services, when preparing the contents of the letter. The bill would require the letters to be sent on or before an unspecified date. October 1, 2026.
The bill would repeal these provisions on January 1, 2027.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 1348.97 is added to the Health and Safety line 2 Code, to read:
line 3 1348.97. (a) The department shall prepare and send one digital line 4 or hardcopy letter to each chief financial officer of a health care line 5 service plan that provides coverage, including out-of-network line 6 benefits, in California for substance use disorder in residential line 7 facilities, in accordance with the following requirements:
line 8 (1) (A) The letter shall include a statement informing the health line 9 care service plan that substance use disorder treatment in licensed line 10 and certified or unlicensed residential facilities is almost line 11 exclusively nonmedical, with rare exceptions.
line 12 (B) The letter shall include a statement informing the health line 13 care service plan of the requirements to bill nonmedical treatment line 14 accordingly.
line 15 (2) The letter shall include a statement that informs the health line 16 care service plan of the circumstances that allow for medical 98 AB 877 — 2 —
line 1 treatment for substance use disorder in licensed and certified or line 2 unlicensed residential facilities.
line 3 (b) For purposes of this section, “residential facility” means a line 4 place, building, or premises that provides residential care or line 5 services. all of the following:
line 6 (1) Any family home, group care facility, or similar facility line 7 determined by the department, for 24-hour nonmedical care of line 8 persons in need of personal services, supervision, or assistance line 9 essential for sustaining the activities of daily living or for the line 10 protection of the individual.
line 11 (2) An alcohol or other drug program certified by the State line 12 Department of Health Care Services pursuant to Chapter 7.1 line 13 (commencing with Section 11832) of Part 2 of Division 10.5. line 14 (3) An alcohol or other drug recovery or treatment facility line 15 licensed by the State Department of Health Care Services pursuant line 16 to Chapter 7.5 (commencing with Section 11834.01) of Part 2 of line 17 Division 10.5.
line 18 (4) A recovery residence as defined in subdivision (f) of Section line 19 11833.05.
line 20 (c) The department shall consult with the State Department of line 21 Social Services, and may consult with the Department of Insurance line 22 and the State Department of Health Care Services, when preparing line 23 the content of the letters required by subdivision (a). line 24 (d) The department shall send the letters required by subdivision line 25 (a) on or before ____. October 1, 2026.
line 26 (e) This section shall remain in effect only until January 1, 2027, line 27 and as of that date is repealed.
line 28 SEC. 2. Section 10127.25 is added to the Insurance Code, to line 29 read:
line 30 10127.25. (a) The department shall prepare and send one line 31 digital or hardcopy letter to each chief financial officer of a health line 32 insurer that provides coverage, including out-of-network benefits, line 33 in California for substance use disorder in residential facilities, in line 34 accordance with the following requirements:
line 35 (1) (A) The letter shall include a statement informing the health line 36 insurer that substance use disorder treatment in licensed and line 37 certified or unlicensed residential facilities is almost exclusively line 38 nonmedical, with rare exceptions.
98 — 3 — AB 877
line 1 (B) The letter shall include a statement informing the health line 2 insurer of the requirements to bill nonmedical treatment line 3 accordingly.
line 4 (2) The letter shall include a statement that informs the health line 5 insurer of the circumstances that allow for medical treatment for line 6 substance use disorder in licensed and certified or unlicensed line 7 residential facilities.
line 8 (b) For purposes of this section, “residential facility” means a line 9 place, building, or premises that provides residential care or line 10 services. all of the following:
line 11 (1) Any family home, group care facility, or similar facility line 12 determined by the department, for 24-hour nonmedical care of line 13 persons in need of personal services, supervision, or assistance line 14 essential for sustaining the activities of daily living or for the line 15 protection of the individual.
line 16 (2) An alcohol or other drug program certified by the State line 17 Department of Health Care Services pursuant to Chapter 7.1 line 18 (commencing with Section 11832) of Part 2 of Division 10.5 of the line 19 Health and Safety Code.
line 20 (3) An alcohol or other drug recovery or treatment facility line 21 licensed by the State Department of Health Care Services pursuant line 22 to Chapter 7.5 (commencing with Section 11834.01) of Part 2 of line 23 Division 10.5 of the Health and Safety Code.
line 24 (4) A recovery residence as defined in subdivision (f) of Section line 25 11833.05 of the Health and Safety Code.
line 26 (c) The department shall consult with the State Department of line 27 Social Services, and may consult with the Department of Managed line 28 Health Care and the State Department of Health Care Services, line 29 when preparing the content of the letters required by subdivision line 30 (a).
line 31 (d) The department shall send the letters required by subdivision line 32 (a) on or before ____. October 1, 2026.
line 33 (e) This section shall remain in effect only until January 1, 2027, line 34 and as of that date is repealed.
line 35 SEC. 3. Section 14124.17 is added to the Welfare and line 36 Institutions Code, to read:
line 37 14124.17. (a) The department shall prepare and send one line 38 digital or hardcopy letter to each chief financial officer of a line 39 Medi-Cal managed care plan that provides coverage, including line 40 out-of-network benefits, in California for substance use disorder 98 AB 877 — 4 —
line 1 in residential facilities, in accordance with the following line 2 requirements:
line 3 (1) (A) The letter shall include a statement informing the line 4 Medi-Cal managed care plan that substance use disorder treatment line 5 in licensed and certified or unlicensed residential facilities is almost line 6 exclusively nonmedical, with rare exceptions.
line 7 (B) The letter shall include a statement informing the Medi-Cal line 8 managed care plan of the requirements to bill nonmedical treatment line 9 accordingly.
line 10 (2) The letter shall include a statement that informs the Medi-Cal line 11 managed care plan of the circumstances that allow for medical line 12 treatment for substance use disorder in licensed and certified or line 13 unlicensed residential facilities.
line 14 (b) For purposes of this section, “residential facility” means a line 15 place, building, or premises that provides residential care or line 16 services. all of the following:
line 17 (1) Any family home, group care facility, or similar facility line 18 determined by the department, for 24-hour nonmedical care of line 19 persons in need of personal services, supervision, or assistance line 20 essential for sustaining the activities of daily living or for the line 21 protection of the individual.
line 22 (2) An alcohol or other drug program certified by the line 23 department pursuant to Chapter 7.1 (commencing with Section line 24 11832) of Part 2 of Division 10.5 of the Health and Safety Code. line 25 (3) An alcohol or other drug recovery or treatment facility line 26 licensed by the department pursuant to Chapter 7.5 (commencing line 27 with Section 11834.01) of Part 2 of Division 10.5 of the Health line 28 and Safety Code.
line 29 (4) A recovery residence as defined in subdivision (f) of Section line 30 11833.05 of the Health and Safety Code.
line 31 (c) The department shall consult with the State Department of line 32 Social Services, and may consult with the Department of Managed line 33 Health Care and the Department of Insurance, when preparing the line 34 content of the letters required by subdivision (a). line 35 (d) The department shall send the letters required by subdivision line 36 (a) on or before ____. October 1, 2026.
line 37 (e) This section shall remain in effect only until January 1, 2027, line 38 and as of that date is repealed.