AMENDED IN ASSEMBLY JUNE 20, 2022
AMENDED IN ASSEMBLY AUGUST 23, 2021
AMENDED IN SENATE APRIL 12, 2021
AMENDED IN SENATE MARCH 8, 2021
SENATE BILL No. 6
Introduced by Senators Caballero, Eggman, and Rubio
(Principal coauthors: Senators Atkins, Durazo, Gonzalez, Hertzberg, and Wiener)
(Coauthors: Senators Cortese, Hueso, Roth, and McGuire) (Coauthors: Assembly Members Arambula, Carrillo, Cooper, Gipson, Quirk-Silva, and Robert Rivas)
December 7, 2020
An act to amend Section 65913.4 of, and to add and repeal Sections Section 65852.23 and 65852.24 of, the Government Code, relating to land use.
legislative counsel’s digest
SB 6, as amended, Caballero. Local planning: housing: commercial zones.
The Planning and Zoning Law requires each county and city to adopt a comprehensive, long-term general plan for its physical development, and the de velopment of certain lands outside its boundaries, that includes, among other mandatory elements, a housing element. Existing law requires that the housing element include, among other things, an inventory of land suitable and available for residential development. If the inventory of sites does not identify adequate sites to accommodate the need for groups of all households pursuant to specified law, existing law requires the local government to rezone sites within specified time
95 periods and that this rezoning accommodate 100% of the need for housing for very low and low-income households on sites that will be zoned to permit owner-occupied and rental multifamily residential use by right for specified developments.
This bill, the Neighborhood Homes Act, w ould deem a housing development project, as defined, an allo wable use on a neighborhood lot, which is defined as a parcel within an office or retail commercial zone that is not adjacent to an industrial use. parcel that is within a zone where office, retail, or parking ar e a principally permitted use , if the development and site meet specified r equirements, including that the site is not adjacent to an industrial use or a gricultural use. The bill would require the density for a housing de velopment under these provisions to meet or e xceed the density deemed appropriate to accommodate housing for lo wer income households according to the type of local jurisdiction, including a density of at least 20 units per acre for a sub urban jurisdiction. The bill w ould require the housing development to meet all other local requirements for a neighborhood lot, requirements, other than those that prohibit residential use, or allow residential use at a lower density than that required by the bill. The bill would provide that a housing de velopment under these pro visions is subject to the local zoning, parking, design, and other ordinances, local code requirements, and procedures applicable to the processing and permitting of a housing de velopment in a zone that allo ws for the housing with the density required by the act. If more than one zoning designation of the local agenc y allows for housing with the density required by the act, the bill would require that the zoning standards that apply to the closest parcel that allo ws residential use at a density that meets the requirements of the act w ould apply. If the e xisting zoning designation allows residential use at a density greater than that required by the act, the bill w ould require that the e xisting zoning designation for the parcel would apply. The bill would also require that a housing development under these pro visions comply with public notice, comment, hearing, or other procedures applicable to a housing development in a zone with the applicable density . The bill w ould require that the housing de velopment is subject to a recorded deed restriction with an unspecified a 15% af fordability requirement, as provided. The bill w ould require that a de veloper mak e specified certifications to the local agenc y, including, among others, that all contractors and subcontractors performing work on the project will be required to pay either certify that the development is a public work, as 95 — 2 — SB 6
defined, or is not in its entirety a public work, but that all construction workers will be paid pre vailing w ages, as pro vided. F or specified projects, the de veloper would be required to seek bids containing an enforceable commitment that all contractors and subcontractors performing w ork on the project will use provided, or certify that a skilled and trained w orkforce, as defined. defined, will be used to perform all construction work on the de velopment, as pr ovided. The bill would require a local agenc y to require that a rental of an y unit created pursuant to the bill’ s provisions be for a term longer than 30 days. The bill would authorize a local agency to exempt a neighborhood lot parcel from these provisions in its land use element of the general plan if the local agency makes written findings supported by substantial evidence that the local agency concurrently reallocates reallocated the lost residential density to other lots so that there is no net loss in residential density in the jurisdiction, as provided. The bill would specify that it does not alter or af fect the application of an y housing, environmental, or labor la w applicable to a housing de velopment authorized by these pro visions, including, b ut not limited to, the California Coastal Act, the California Environmental Quality Act, the Housing Accountability Act, obligations to affirmati vely further f air housing, and any state or local af fordability laws or tenant protection laws. The bill w ould require an applicant of a housing de velopment under these pro visions to pro vide notice of a pending application to each commercial tenant of the neighborhood lot. parcel. The bill would repeal these provisions on January 1, 2029.
The bill w ould include findings that changes proposed by the Neighborhood Homes Act address a matter of statewide concern rather than a municipal af fair and, therefore, apply to all cities, including charter cities.
The Housing Accountability Act, which is part of the Planning and Zoning Law, prohibits a local agency from disapproving, or conditioning approval in a manner that renders infeasible, a housing de velopment project, as defined for purposes of the act, for v ery lo w, lo w-, or moderate-income households or an emergency shelter unless the local agency makes specified written findings based on a preponderance of the evidence in the record. That act states that it shall not be construed to prohibit a local agency from requiring a housing development project to comply with objective, quantifiable, written development standards, conditions, and policies appropriate to, and consistent with, meeting the jurisdiction’s share of the regional housing need, except as provided. 95 SB 6 — 3 —
That act further pro vides that a housing de velopment project or emergency shelter shall be deemed consistent, compliant, and in conformity with an applicable plan, program, polic y, ordinance, standard, requirement, or other similar provision if there is substantial evidence that w ould allow a reasonable person to conclude that the housing de velopment project or emer gency shelter is consistent, compliant, or in conformity.
The bill w ould pro vide that for purposes of the Housing Accountability Act, a proposed housing de velopment project is consistent, compliant, and in conformity with an applicable plan, program, polic y, ordinance, standard, requirement, or other similar provision if the housing de velopment project is consistent with the standards applied to the parcel pursuant to specified pro visions of the Neighborhood Homes Act and if none of the square footage in the project is designated for hotel, motel, bed and breakf ast inn, or other transient lodging use, except for a residential hotel, as defined.
The Planning and Zoning Law, until January 1, 2026, also authorizes a development proponent to submit an application for a multif amily housing de velopment that is subject to a streamlined, ministerial approval process, as pro vided, and not subject to a conditional use permit, if the de velopment satisfies specified objecti ve planning standards, including a requirement that the site on which the development is proposed is zoned for residential use or residential mixed-use development, or has a general plan designation that allo ws residential use or a mix of residential and nonresidential uses, with at least 2⁄3 of the square footage of the de velopment designated for residential use. Under that la w, the proposed de velopment is also required to be consistent with objecti ve zoning standards, objecti ve subdivision standards, and objective design review standards in effect at the time the development is submitted to the local government.
This bill w ould permit the de velopment to be proposed for a site zoned for office or retail commercial use consistent with the above-described Neighborhood Homes Act if the site has had no commercial tenants on 50% or more of its total usable net interior square footage for a period of at least 3 years prior to the submission of the application. The bill w ould also pro vide that a project located on a neighborhood lot, as defined, shall be deemed consistent with objective zoning standards, objective design standards, and objective subdivision standards if the project is consistent with the applicable pro visions of the Neighborhood Homes Act.
95 — 4 — SB 6
By expanding the crime of perjury and imposing new duties on local agencies with regard to local planning and zoning, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimb urse local agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for specified reasons.
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 65852.23 is added to the Government line 2 Code, to read:
line 3 65852.23. (a) (1) This section shall be kno wn, and may be line 4 cited, as the Neighborhood Homes Act.
line 5 (2) The Le gislature finds and declares that creating more line 6 affordable housing is critical to the achie vement of re gional line 7 housing needs assessment goals, and that housing units developed line 8 at higher densities may generate af fordability by design for line 9 California residents, without the necessity of public subsidies, line 10 income eligibility, occupancy restrictions, lottery procedures, or line 11 other legal requirements applicable to deed restricted af fordable line 12 housing to serve very low and low-income residents and special line 13 needs residents.
line 14 (b) A housing development project shall be deemed an allowable line 15 use on a neighborhood lot parcel that is within a zone where office, line 16 retail, or parking ar e a principally permitted use if it complies line 17 with all of the following:
line 18 (1) (A) The density for the housing development shall meet or line 19 exceed the applicable density deemed appropriate to accommodate line 20 housing for lo wer income households as follo ws: in that line 21 jurisdiction as specified in subparagraph (B) of paragraph (3) of line 22 subdivision (c) of Section 65583.2.
line 23 (i) For an incorporated city within a nonmetropolitan county line 24 and for a nonmetropolitan county that has a micropolitan area, line 25 sites allowing at least 15 units per acre.
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line 1 (ii) For an unincorporated area in a nonmetropolitan county not line 2 included in subparagraph (A), sites allowing at least 10 units per line 3 acre.
line 4 (iii) For a suburban jurisdiction, sites allowing at least 20 units line 5 per acre.
line 6 (iv) For a jurisdiction in a metropolitan county , sites allowing line 7 at least 30 units per acre.
line 8 (B) “Metropolitan county ,” “nonmetropolitan county ,” line 9 “nonmetropolitan county with a micropolitan area, ” and line 10 “suburban,” shall ha ve the same meanings as defined in line 11 subdivisions (d), (e), and (f) of Section 65583.2. line 12 (2) (A) The housing de velopment shall be subject to local line 13 zoning, parking, design, and other ordinances, local code line 14 requirements, and procedures applicable to the processing and line 15 permitting of a housing development in a zone that allows for the line 16 housing with the density described in paragraph (1). line 17 (B) If more than one zoning designation of the local agenc y line 18 allows for housing with the density described in paragraph (1), the line 19 zoning standards applicable to a parcel that allows residential use line 20 pursuant to this section shall be the zoning standards that apply to line 21 the closest parcel that allows residential use at a density that meets line 22 the requirements of paragraph (1).
line 23 (C) If the existing zoning designation for the parcel, as adopted line 24 by the local government, allows residential use at a density greater line 25 than that required in paragraph (1), the existing zoning designation line 26 shall apply.
line 27 (3) The housing de velopment shall comply with an y public line 28 notice, comment, hearing, or other procedures imposed by the line 29 local agency on a housing de velopment in the applicable zoning line 30 designation identified in paragraph (2).
line 31 (4) The housing development shall be subject to a recorded deed line 32 restriction requiring that at least __ 15 percent of the units ha ve line 33 an affordable housing cost or af fordable rent for lo wer income line 34 households.
line 35 (5) All other local requirements for a neighborhood lot, parcel, line 36 other than those that prohibit residential use, or allo w residential line 37 use at a lower density than provided in paragraph (1). line 38 (6) A de veloper has certified to the local agenc y that it has line 39 satisfied the requirements of Section 65852.24. line 40 (6) The developer has done both of the following:
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line 1 (A) Certified to the local agency that either of the following is line 2 true:
line 3 (i) The entirety of the development is a public work for purposes line 4 of Chapter 1 (commencing with Section 1720) of Part 7 of Division line 5 2 of the Labor Code.
line 6 (ii) The development is not in its entirety a public work for which line 7 prevailing wages must be paid under Article 2 (commencing with line 8 Section 1720) of Chapter 1 of P art 2 of Division 2 of the Labor line 9 Code, but all construction work ers employed on construction of line 10 the development will be paid at least the g eneral prevailing rate line 11 of per diem wa ges for the type of work and g eographic area, as line 12 determined by the Dir ector of Industrial Relations pur suant to line 13 Sections 1773 and 1773.9 of the Labor Code , e xcept that line 14 apprentices registered in programs approved by the Chief of the line 15 Division of Apprenticeship Standards may be paid at least the line 16 applicable apprentice prevailing rate. If the development is subject line 17 to this subparagraph, then for those portions of the de velopment line 18 that are not a public work all of the following shall apply:
line 19 (I) The de veloper shall ensur e that the pr evailing wa ge line 20 requirement is included in all contracts for the performance of all line 21 construction work.
line 22 (II) All contr actors and subcontr actors shall pay to all line 23 construction workers employed in the e xecution of the work at line 24 least the g eneral prevailing rate of per diem wa ges, except that line 25 apprentices registered in programs approved by the Chief of the line 26 Division of Apprenticeship Standards may be paid at least the line 27 applicable apprentice prevailing rate.
line 28 (III) Except as provided in subclause (V), all contr actors and line 29 subcontractors shall maintain and verify payroll records pursuant line 30 to Section 1776 of the Labor Code and mak e those r ecords line 31 available for inspection and copying as provided therein. line 32 (IV) Except as provided in subclause (V), the obligation of the line 33 contractors and subcontr actors to pay pr evailing wages may be line 34 enforced by the Labor Commissioner thr ough the issuance of a line 35 civil wage and penalty assessment pursuant to Section 1741 of the line 36 Labor Code, which may be reviewed pursuant to Section 1742 of line 37 the Labor Code , within 18 months after the completion of the line 38 development, or by an underpaid worker through an administrative line 39 complaint or civil action, or by a joint labor -management line 40 committee though a civil action under Section 1771.2 of the Labor 95 SB 6 — 7 —
line 1 Code. If a civil wa ge and penalty assessment is issued, the line 2 contractor, subcontractor, and surety on a bond or bonds issued line 3 to secure the payment of wa ges covered by the assessment shall line 4 be liable for liquidated damages pursuant to Section 1742.1 of the line 5 Labor Code.
line 6 (V) Subclauses (III) and (IV) shall not apply if all contr actors line 7 and subcontr actors performing work on the de velopment ar e line 8 subject to a project labor agreement that requires the payment of line 9 prevailing wa ges to all construction work ers employed in the line 10 execution of the development and provides for enforcement of that line 11 obligation through an arbitration procedure. For purposes of this line 12 clause, “project labor agreement” has the same meaning as set line 13 forth in par agraph (1) of subdivision (b) of Section 2500 of the line 14 Public Contract Code.
line 15 (VI) Notwithstanding subdivision (c) of Section 1773.1 of the line 16 Labor Code, the requirement that employer payments not reduce line 17 the obligation to pay the hourly str aight time or overtime wages line 18 found to be prevailing shall not apply if otherwise pr ovided in a line 19 bona fide collective bar gaining agreement covering the work er. line 20 The requirement to pay at least the general prevailing rate of per line 21 diem wa ges does not pr eclude use of an alternative workweek line 22 schedule adopted pur suant to Section 511 or 514 of the Labor line 23 Code.
line 24 (B) Certified to the local a gency that a skilled and tr ained line 25 workforce will be used to perform all construction work on the line 26 development.
line 27 (i) For purposes of this section, “skilled and trained workforce” line 28 has the same meaning as pr ovided in Chapter 2.9 (commencing line 29 with Section 2600) of Part 1 of Division 2 of the Public Contract line 30 Code.
line 31 (ii) If the de veloper has certified that a skilled and tr ained line 32 workforce will be used to construct all work on development and line 33 the application is approved, the following shall apply:
line 34 (I) The de veloper shall r equire in all contr acts for the line 35 performance of work that e very contractor and subcontractor at line 36 every tier will individually use a skilled and trained workforce to line 37 construct the development.
line 38 (II) Every contractor and subcontractor shall use a skilled and line 39 trained workforce to construct the development. 95 — 8 — SB 6
line 1 (III) Except as provided in subclause (IV), the developer shall line 2 provide to the local a gency, on a monthly basis while the line 3 development or contr act is being performed, a r eport line 4 demonstrating compliance with Chapter 2.9 (commencing with line 5 Section 2600) of Part 1 of Division 2 of the Public Contract Code. line 6 A monthly r eport provided to the local go vernment pursuant to line 7 this subclause shall be a public record under the California Public line 8 Records Act (Chapter 3.5 (commencing with Section 6250) of line 9 Division 7 of Title 1) and shall be open to public inspection. A line 10 developer that fails to pr ovide a monthly r eport demonstrating line 11 compliance with Chapter 2.9 (commencing with Section 2600) of line 12 Part 1 of Division 2 of the Public Contract Code shall be subject line 13 to a civil penalty of ten thousand dollars ($10,000) per month for line 14 each month for whic h the r eport has not been pr ovided. Any line 15 contractor or subcontractor that fails to use a skilled and trained line 16 workforce shall be subject to a civil penalty of two hundred dollars line 17 ($200) per day for each worker employed in contravention of the line 18 skilled and tr ained workfor ce r equirement. P enalties may be line 19 assessed by the Labor Commissioner within 18 months of line 20 completion of the de velopment using the same pr ocedures for line 21 issuance of civil wage and penalty assessments pursuant to Section line 22 1741 of the Labor Code , and may be r eviewed pursuant to the line 23 same procedures in Section 1742 of the Labor Code . Penalties line 24 shall be paid to the State Public Works Enforcement Fund. line 25 (IV) Subclause (III) shall not apply if all contr actors and line 26 subcontractors performing work on the de velopment are subject line 27 to a pr oject labor a greement that r equires compliance with the line 28 skilled and tr ained workfor ce r equirement and pr ovides for line 29 enforcement of that obligation through an arbitration procedure. line 30 For purposes of this subpar agraph, “project labor a greement” line 31 has the same meaning as set forth in paragraph (1) of subdivision line 32 (b) of Section 2500 of the Public Contract Code. line 33 (c) A local agency shall require that a rental of any unit created line 34 pursuant to this section be for a term longer than 30 days. line 35 (d) (1) A local agency may exempt a neighborhood lot parcel line 36 from this section in its land use element of the general plan if the line 37 local agency concurrently reallocates the lost residential density line 38 to other lots so that there is no net loss in residential density in the line 39 jurisdiction. if the local agency makes written findings supported line 40 by substantial evidence of either of the following:
95 SB 6 — 9 —
line 1 (A) The local a gency concurr ently r eallocated the lost line 2 residential density to other lots so that ther e is no net loss in line 3 residential density in the jurisdiction.
line 4 (B) The lost residential density from each exempted parcel can line 5 be accommodated on a site or sites allowing residential densities line 6 at or above those specified in paragraph (2) of subdivision (b) and line 7 in e xcess of the acr eage r equired to accommodate the local line 8 agency’s share of housing for lower income households. line 9 (2) A local agency may reallocate the residential density from line 10 an exempt neighborhood lot parcel pursuant to this subdi vision line 11 only if the site or sites chosen by the local agenc y to which the line 12 residential density is reallocated meet both of the follo wing line 13 requirements:
line 14 (A) The site or sites are suitable for residential de velopment. line 15 For purposes of this subparagraph, “site or sites suitable for line 16 residential development” shall ha ve the same meaning as “land line 17 suitable for residential de velopment,” as defined in Section line 18 65583.2.
line 19 (B) The site or sites are subject to an ordinance that allows for line 20 development by right.
line 21 (e) (1) This section does not alter or lessen the applicability of line 22 any housing, environmental, or labor law applicable to a housing line 23 development authorized by this section, including, but not limited line 24 to, the following:
line 25 (A) The California Coastal Act of 1976 (Di vision 20 line 26 (commencing with Section 30000) of the Public Resources Code). line 27 (B) The California En vironmental Quality Act (Di vision 13 line 28 (commencing with Section 21000) of the Public Resources Code). line 29 (C) The Housing Accountability Act (Section 65589.5). line 30 (D) The Density Bonus Law (Section 65915).
line 31 (E) Obligations to affirmatively further fair housing, pursuant line 32 to Section 8899.50.
line 33 (F) State or local affordable housing laws.
line 34 (G) State or local tenant protection laws.
line 35 (2) All local demolition ordinances shall apply to a project line 36 developed on a neighborhood lot. pursuant to this section. line 37 (3) For purposes of the Housing Accountability Act (Section line 38 65589.5), a proposed housing development project that is consistent line 39 with the provisions of subdivision (b) shall be deemed consistent, 95 — 10 — SB 6
line 1 compliant, and in conformity with an applicable plan, program, line 2 policy, ordinance, standard, requirement, or other similar provision. line 3 (4) Notwithstanding an y other pro vision of this section, for line 4 purposes of the Density Bonus Law (Section 65915), an applicant line 5 for a housing de velopment under this section may apply for a line 6 density bonus pursuant to Section 65915.
line 7 (f) An applicant for a housing de velopment under this section line 8 shall provide written notice of the pending application to each line 9 commercial tenant on the neighborhood lot par cel when the line 10 application is submitted.
line 11 (g) Notwithstanding Section 65913.4, a project on a line 12 neighborhood lot subject to this section shall not be eligible for line 13 streamlining pursuant to Section 65913.4 if it meets either of the line 14 following conditions:
line 15 (1) The site has previously been developed pursuant to Section line 16 65913.4 with a project of 10 units or fewer.
line 17 (2) The developer of the project or any person acting in concert line 18 with the developer has previously proposed a project pursuant to line 19 Section 65913.4 of 10 units or fe wer on the same or an adjacent line 20 site.
line 21 (h) Each local a gency shall include the number of sites line 22 developed and the number of units constructed pur suant to this line 23 section in its annual pr ogress r eport r equired pur suant to line 24 paragraph (2) of subdivision (a) of Section 65400. line 25 (h)
line 26 (i) For purposes of this section:
line 27 (1) “Housing development project” means a project consisting line 28 of any of the following:
line 29 (A) Residential units only.
line 30 (B) Mixed-use de velopments consisting of residential and line 31 nonresidential retail commercial or office uses, and at least 50 line 32 percent of the square footage of the ne w construction associated line 33 with the project is designated for residential use. None of the square line 34 footage of an y such de velopment shall be designated for hotel, line 35 motel, bed and breakfast inn, or other transient lodging use, except line 36 for a residential hotel.
line 37 (2) “Local agency” means a city, including a charter city, county, line 38 or a city and county.
line 39 (3) “Neighborhood lot” means a parcel within an office or retail line 40 commercial zone that is not adjacent to an industrial use. 95 SB 6 — 11 —
line 1 (4)
line 2 (3) “Office or retail commercial zone” means any commercial line 3 zone, except for zones where office uses and retail uses are not line 4 permitted, or are permitted only as an accessory use. line 5 (5)
line 6 (4) “Residential hotel” has the same meaning as defined in line 7 Section 50519 of the Health and Safety Code.
line 8 (i) The Legislature finds and declares that ensuring access to line 9 affordable housing is a matter of state wide concern and is not a line 10 municipal affair as that term is used in Section 5 of Article XI of line 11 the California Constitution. Therefore, this section applies to all line 12 cities, including charter cities.
line 13 (j) This section shall remain in effect only until January 1, 2029, line 14 and as of that date is repealed.
line 15 SEC. 2. Section 65852.24 is added to the Government Code, line 16 to read:
line 17 65852.24. A de veloper with a project subject to Section line 18 65852.23 shall do all of the following:
line 19 (a) At least seven days prior to issuing a bid solicitation for the line 20 project, send a notice of the solicitation that describes the project line 21 to the follo wing entities within the jurisdiction of the proposed line 22 project site:
line 23 (1) Any bona fide labor or ganization representing w orkers in line 24 the b uilding and construction trades who may perform w ork line 25 necessary to complete the project.
line 26 (2) Any organization representing contractors that may perform line 27 work necessary to complete the project.
line 28 (b) Certify to the local agenc y that all contractors and line 29 subcontractors performing work on the project will be required to line 30 pay prevailing wages for any proposed construction, alteration, or line 31 repair in accordance with Chapter 1 (commencing with Section line 32 1720) of Part 7 of Division 2 of the Labor Code. line 33 (1) The de veloper shall ensure that the pre vailing w age line 34 requirement is included in all contracts for the performance of all line 35 construction work.
line 36 (2) All contractors and subcontractors shall pay to all line 37 construction workers employed in the e xecution of the w ork at line 38 least the general pre vailing rate of per diem w ages, except that line 39 apprentices registered in programs appro ved by the Chief of the 95 — 12 — SB 6
line 1 Division of Apprenticeship Standards may be paid at least the line 2 applicable apprentice prevailing rate.
line 3 (3) Except as pro vided in paragraph (5), all contractors and line 4 subcontractors shall maintain and verify payroll records pursuant line 5 to Section 1776 of the Labor Code, and mak e those records line 6 available for inspection and copying as provided therein. line 7 (4) Except as provided in paragraph (5), the oblig ation of the line 8 contractors and subcontractors to pay pre vailing wages may be line 9 enforced by the Labor Commissioner through the issuance of a line 10 civil wage and penalty assessment pursuant to Section 1741 of the line 11 Labor Code, which may be reviewed pursuant to Section 1742 of line 12 the Labor Code, within 18 months after the completion of the line 13 development, or by an underpaid worker through an administrative line 14 complaint or ci vil action, or by a joint labor -management line 15 committee though a civil action under Section 1771.2 of the Labor line 16 Code. If a ci vil w age and penalty assessment is issued, the line 17 contractor, subcontractor, and surety on a bond or bonds issued to line 18 secure the payment of wages covered by the assessment shall be line 19 liable for liquidated damages pursuant to Section 1742.1 of the line 20 Labor Code.
line 21 (5) Paragraphs (3) and (4) shall not apply if all contractors and line 22 subcontractors performing work on the de velopment are subject line 23 to a project labor agreement that requires the payment of prevailing line 24 wages to all construction w orkers employed in the e xecution of line 25 the development and provides for enforcement of that oblig ation line 26 through an arbitration procedure. F or purposes of this clause, line 27 “project labor agreement” has the same meaning as set forth in line 28 paragraph (1) of subdi vision (b) of Section 2500 of the Public line 29 Contract Code.
line 30 (c) (1) For projects with onsite construction, alteration, or repair line 31 costs totaling twenty-five million dollars ($25,000,000) or more line 32 the de veloper shall seek bids containing an enforceable line 33 commitment that all contractors and subcontractors performing line 34 work on the project will use a skilled and trained w orkforce to line 35 perform any rehabilitation, construction, or alterations w ork on line 36 the project that f alls within an apprenticeable occupation in the line 37 building and construction trades.
line 38 (A) If the developer receives at least two bids from contractors line 39 with an enforceable commitment to employ a skilled and trained line 40 workforce, the contract shall be a warded to the lo west qualified 95 SB 6 — 13 —
line 1 bidder and the de veloper shall certify to the local agenc y that a line 2 skilled and trained w orkforce will be used to perform all line 3 construction work on the development.
line 4 (B) If the developer receives fewer than two qualified bids from line 5 contractors with an enforceable commitment to emplo y a skilled line 6 and trained workforce, the contract may be awarded to the lowest line 7 responsive bidder without the skilled and trained w orkforce line 8 requirement. In such cases, the project must instead comply with line 9 subdivision (d).
line 10 (2) The developer shall establish minimum qualifications that line 11 are, to the maximum e xtent possible, quantifiable and objecti ve. line 12 Only criterion, and minimum thresholds for any criterion, that are line 13 reasonably necessary to ensure that any bidder awarded a project line 14 can successfully complete the proposed scope shall be utilized by line 15 the project proponent.
line 16 (3) If the developer has certified, pursuant to paragraph (1), that line 17 a skilled and trained workforce will be used to construct all work line 18 on de velopment and the application is appro ved, all of the line 19 following shall apply:
line 20 (A) The de veloper shall require in all contracts for the line 21 performance of w ork that e very contractor and subcontractor at line 22 every tier will individually use a skilled and trained workforce to line 23 construct the development.
line 24 (B) Every contractor and subcontractor shall use a skilled and line 25 trained workforce to construct the development. line 26 (C) Except as provided in subparagraph (D), the developer shall line 27 provide to the local agenc y, on a monthly basis while the line 28 development or contract is being performed, a report demonstrating line 29 compliance with Chapter 2.9 (commencing with Section 2600) of line 30 Part 1 of Division 2 of the Public Contract Code. A monthly report line 31 provided to the local go vernment pursuant to this subparagraph line 32 shall be a public record under the California Public Records Act line 33 (Chapter 3.5 (commencing with Section 6250) of Di vision 7 of line 34 Title 1) and shall be open to public inspection. A developer that line 35 fails to provide a monthly report demonstrating compliance with line 36 Chapter 2.9 (commencing with Section 2600) of Part 1 of Division line 37 2 of the Public Contract Code shall be subject to a civil penalty of line 38 ten thousand dollars ($10,000) per month for each month for which line 39 the report has not been provided. Any contractor or subcontractor line 40 that fails to use a skilled and trained workforce shall be subject to 95 — 14 — SB 6
line 1 a civil penalty of tw o hundred dollars ($200) per day for each line 2 worker emplo yed in contra vention of the skilled and trained line 3 workforce requirement. Penalties may be assessed by the Labor line 4 Commissioner within 18 months of completion of the development line 5 using the same procedures for issuance of civil wage and penalty line 6 assessments pursuant to Section 1741 of the Labor Code, and may line 7 be reviewed pursuant to the same procedures in Section 1742 of line 8 the Labor Code. Penalties shall be paid to the State Public Works line 9 Enforcement Fund.
line 10 (D) Subparagraph (C) shall not apply if all contractors and line 11 subcontractors performing work on the de velopment are subject line 12 to a project labor agreement that requires compliance with the line 13 skilled and trained w orkforce requirement and pro vides for line 14 enforcement of that oblig ation through an arbitration procedure. line 15 For purposes of this subparagraph, “project labor agreement” has line 16 the same meaning as set forth in paragraph (1) of subdivision (b) line 17 of Section 2500 of the Public Contract Code.
line 18 (4) For purposes of this subdi vision, “skilled and trained line 19 workforce” has the same meaning as pro vided in Chapter 2.9 line 20 (commencing with Section 2600) of P art 1 of Di vision 2 of the line 21 Public Contract Code.
line 22 (d) For projects with construction, alteration, or repair costs line 23 totaling less than twenty-five million dollars ($25,000,000) or as line 24 specified in subdi vision (c), the de veloper shall notify the local line 25 agency and the Department of Industrial Relations within fiv e line 26 calendar days of the contract award.
line 27 (e) This section shall remain in effect only until January 1, 2029, line 28 and as of that date is repealed.
line 29 SEC. 3. Section 65913.4 of the Government Code is amended line 30 to read:
line 31 65913.4. (a) A de velopment proponent may submit an line 32 application for a de velopment that is subject to the streamlined, line 33 ministerial approval process pro vided by subdi vision (c) and is line 34 not subject to a conditional use permit if the development complies line 35 with subdivision (b) and satisfies all of the follo wing objective line 36 planning standards:
line 37 (1) The development is a multifamily housing development that line 38 contains two or more residential units.
line 39 (2) The development and the site on which it is located satisfy line 40 all of the following:
95 SB 6 — 15 —
line 1 (A) It is a legal parcel or parcels located in a city if, and only line 2 if, the city boundaries include some portion of either an urbanized line 3 area or urban cluster, as designated by the United States Census line 4 Bureau, or , for unincorporated areas, a le gal parcel or parcels line 5 wholly within the boundaries of an urbanized area or urban cluster, line 6 as designated by the United States Census Bureau. line 7 (B) At least 75 percent of the perimeter of the site adjoins parcels line 8 that are developed with urban uses. For the purposes of this section, line 9 parcels that are only separated by a street or highw ay shall be line 10 considered to be adjoined.
line 11 (C) (i) A site that meets the requirements of clause (ii) and line 12 satisfies any of the following:
line 13 (I) The site is zoned for residential use or residential mixed-use line 14 development.
line 15 (II) The site has a general plan designation that allows residential line 16 use or a mix of residential and nonresidential uses. line 17 (III) The site is zoned for office or retail commercial use and line 18 has had no commercial tenants on 50 percent or more of its total line 19 usable net interior square footage for a period of at least three years line 20 prior to the submission of the application.
line 21 (ii) At least two-thirds of the square footage of the development line 22 is designated for residential use. Additional density, floor area, line 23 and units, and an y other concession, incenti ve, or w aiver of line 24 development standards granted pursuant to the Density Bonus Law line 25 in Section 65915 shall be included in the square footage line 26 calculation. The square footage of the de velopment shall not line 27 include underground space, such as basements or under ground line 28 parking garages.
line 29 (3) (A) The development proponent has committed to record, line 30 prior to the issuance of the first b uilding permit, a land use line 31 restriction or co venant pro viding that an y lo wer or moderate line 32 income housing units required pursuant to subparagraph (B) of line 33 paragraph (4) shall remain a vailable at af fordable housing costs line 34 or rent to persons and f amilies of lower or moderate income for line 35 no less than the following periods of time:
line 36 (i) Fifty-five years for units that are rented. line 37 (ii) Forty-five years for units that are owned. line 38 (B) The city or county shall require the recording of covenants line 39 or restrictions implementing this paragraph for each parcel or unit line 40 of real property included in the development.
95 — 16 — SB 6
line 1 (4) The development satisfies subparagraphs (A) and (B) below:
line 2 (A) Is located in a locality that the department has determined line 3 is subject to this subparagraph on the basis that the number of units line 4 that have been issued building permits, as shown on the most recent line 5 production report recei ved by the department, is less than the line 6 locality’s share of the regional housing needs, by income category, line 7 for that reporting period. A locality shall remain eligible under line 8 this subparagraph until the department’s determination for the next line 9 reporting period.
line 10 (B) The development is subject to a requirement mandating a line 11 minimum percentage of below market rate housing based on one line 12 of the following:
line 13 (i) The locality did not submit its latest production report to the line 14 department by the time period required by Section 65400, or that line 15 production report reflects that there were fe wer units of abo ve line 16 moderate-income housing issued b uilding permits than were line 17 required for the regional housing needs assessment cycle for that line 18 reporting period. In addition, if the project contains more than 10 line 19 units of housing, the project does either of the following:
line 20 (I) The project dedicates a minimum of 10 percent of the total line 21 number of units to housing affordable to households making at or line 22 below 80 percent of the area median income. Ho wever, if the line 23 locality has adopted a local ordinance that requires that greater line 24 than 10 percent of the units be dedicated to housing affordable to line 25 households making below 80 percent of the area median income, line 26 that local ordinance applies.
line 27 (II) (ia) If the project is located within the San Francisco Bay line 28 area, the project, in lieu of complying with subclause (I), dedicates line 29 20 percent of the total number of units to housing af fordable to line 30 households making below 120 percent of the area median income line 31 with the average income of the units at or belo w 100 percent of line 32 the area median income. Ho wever, a local ordinance adopted by line 33 the locality applies if it requires greater than 20 percent of the units line 34 be dedicated to housing af fordable to households making at or line 35 below 120 percent of the area median income, or requires that any line 36 of the units be dedicated at a le vel deeper than 120 percent. In line 37 order to comply with this subclause, the rent or sale price charged line 38 for units that are dedicated to housing af fordable to households line 39 between 80 percent and 120 percent of the area median income line 40 shall not exceed 30 percent of the gross income of the household. 95 SB 6 — 17 —
line 1 (ib) For purposes of this subclause, “San Francisco Bay area” line 2 means the entire area within the territorial boundaries of the line 3 Counties of Alameda, Contra Costa, Marin, Napa, San Mateo, line 4 Santa Clara, Solano, and Sonoma, and the City and County of San line 5 Francisco.
line 6 (ii) The locality’s latest production report reflects that there line 7 were fewer units of housing issued building permits affordable to line 8 either v ery lo w income or lo w-income households by income line 9 category than were required for the re gional housing needs line 10 assessment cycle for that reporting period, and the project seeking line 11 approval dedicates 50 percent of the total number of units to line 12 housing affordable to households making at or belo w 80 percent line 13 of the area median income. Ho wever, if the locality has adopted line 14 a local ordinance that requires that greater than 50 percent of the line 15 units be dedicated to housing affordable to households making at line 16 or below 80 percent of the area median income, that local ordinance line 17 applies.
line 18 (iii) The locality did not submit its latest production report to line 19 the department by the time period required by Section 65400, or line 20 if the production report reflects that there were fe wer units of line 21 housing affordable to both income levels described in clauses (i) line 22 and (ii) that were issued b uilding permits than were required for line 23 the re gional housing needs assessment c ycle for that reporting line 24 period, the project seeking approval may choose between utilizing line 25 clause (i) or (ii).
line 26 (C) (i) A development proponent that uses a unit of affordable line 27 housing to satisfy the requirements of subparagraph (B) may also line 28 satisfy any other local or state requirement for affordable housing, line 29 including local ordinances or the Density Bonus La w in Section line 30 65915, provided that the de velopment proponent complies with line 31 the applicable requirements in the state or local law. line 32 (ii) A de velopment proponent that uses a unit of af fordable line 33 housing to satisfy any other state or local affordability requirement line 34 may also satisfy the requirements of subparagraph (B), pro vided line 35 that the de velopment proponent complies with applicable line 36 requirements of subparagraph (B).
line 37 (iii) A de velopment proponent may satisfy the af fordability line 38 requirements of subparagraph (B) with a unit that is restricted to line 39 households with incomes lower than the applicable income limits line 40 required in subparagraph (B).
95 — 18 — SB 6
line 1 (5) The development, excluding any additional density or an y line 2 other concessions, incentives, or waivers of development standards line 3 granted pursuant to the Density Bonus La w in Section 65915, is line 4 consistent with objective zoning standards, objective subdivision line 5 standards, and objective design review standards in ef fect at the line 6 time that the de velopment is submitted to the local go vernment line 7 pursuant to this section, or at the time a notice of intent is submitted line 8 pursuant to subdivision (b), whichever occurs earlier. For purposes line 9 of this paragraph, “objecti ve zoning standards, ” “objecti ve line 10 subdivision standards,” and “objecti ve design re view standards” line 11 mean standards that in volve no personal or subjecti ve judgment line 12 by a public official and are uniformly v erifiable by reference to line 13 an e xternal and uniform benchmark or criterion a vailable and line 14 knowable by both the development applicant or proponent and the line 15 public official before submittal. These standards may be embodied line 16 in alternative objective land use specifications adopted by a city line 17 or county, and may include, but are not limited to, housing overlay line 18 zones, specific plans, inclusionary zoning ordinances, and density line 19 bonus ordinances, subject to the following:
line 20 (A) A development shall be deemed consistent with the objective line 21 zoning standards related to housing density , as applicable, if the line 22 density proposed is compliant with the maximum density allowed line 23 within that land use designation, notwithstanding an y specified line 24 maximum unit allocation that may result in fewer units of housing line 25 being permitted.
line 26 (B) In the event that objective zoning, general plan, subdivision, line 27 or design re view standards are mutually inconsistent, a line 28 development shall be deemed consistent with the objective zoning line 29 and subdi vision standards pursuant to this subdi vision if the line 30 development is consistent with the standards set forth in the general line 31 plan.
line 32 (C) It is the intent of the Le gislature that the objective zoning line 33 standards, objective subdivision standards, and objecti ve design line 34 review standards described in this paragraph be adopted or line 35 amended in compliance with the requirements of Chapter 905 of line 36 the Statutes of 2004.
line 37 (D) The amendments to this subdivision made by the act adding line 38 this subparagraph do not constitute a change in, but are declaratory line 39 of, existing law.
95 SB 6 — 19 —
line 1 (E) A project located on a neighborhood lot, as defined in line 2 Section 65852.23, shall be deemed consistent with objective zoning line 3 standards, objective design standards, and objecti ve subdivision line 4 standards if the project is consistent with the pro visions of line 5 subdivision (b) of Section 65852.23 and if none of the square line 6 footage in the project is designated for hotel, motel, bed and line 7 breakfast inn, or other transient lodging use, except for a residential line 8 hotel. For purposes of this subdi vision, “residential hotel” shall line 9 have the same meaning as defined in Section 50519 of the Health line 10 and Safety Code.
line 11 (6) The development is not located on a site that is an y of the line 12 following:
line 13 (A) A coastal zone, as defined in Di vision 20 (commencing line 14 with Section 30000) of the Public Resources Code. line 15 (B) Either prime farmland or farmland of statewide importance, line 16 as defined pursuant to United States Department of Agriculture line 17 land inventory and monitoring criteria, as modified for California, line 18 and designated on the maps prepared by the F armland Mapping line 19 and Monitoring Program of the Department of Conserv ation, or line 20 land zoned or designated for agricultural protection or preservation line 21 by a local ballot measure that w as approved by the voters of that line 22 jurisdiction.
line 23 (C) Wetlands, as defined in the United States Fish and Wildlife line 24 Service Manual, Part 660 FW 2 (June 21, 1993).
line 25 (D) Within a very high fire hazard severity zone, as determined line 26 by the Department of F orestry and Fire Protection pursuant to line 27 Section 51178, or within a high or v ery high fire hazard severity line 28 zone as indicated on maps adopted by the Department of Forestry line 29 and Fire Protection pursuant to Section 4202 of the Public line 30 Resources Code. This subparagraph does not apply to sites line 31 excluded from the specified hazard zones by a local agenc y, line 32 pursuant to subdi vision (b) of Section 51179, or sites that ha ve line 33 adopted fire hazard mitig ation measures pursuant to e xisting line 34 building standards or state fire mitigation measures applicable to line 35 the development.
line 36 (E) A hazardous w aste site that is listed pursuant to Section line 37 65962.5 or a hazardous waste site designated by the Department line 38 of Toxic Substances Control pursuant to Section 25356 of the line 39 Health and Safety Code, unless the State Department of Public line 40 Health, State Water Resources Control Board, or Department of 95 — 20 — SB 6
line 1 Toxic Substances Control has cleared the site for residential use line 2 or residential mixed uses.
line 3 (F) Within a delineated earthquake fault zone as determined by line 4 the State Geologist in an y official maps published by the State line 5 Geologist, unless the development complies with applicable seismic line 6 protection b uilding code standards adopted by the California line 7 Building Standards Commission under the California Building line 8 Standards La w (P art 2.5 (commencing with Section 18901) of line 9 Division 13 of the Health and Safety Code), and by an y local line 10 building department under Chapter 12.2 (commencing with Section line 11 8875) of Division 1 of Title 2.
line 12 (G) Within a special flood hazard area subject to inundation by line 13 the 1 percent annual chance flood (100-year flood) as determined line 14 by the Federal Emer gency Management Agency in an y official line 15 maps published by the Federal Emergency Management Agency. line 16 If a development proponent is able to satisfy all applicable federal line 17 qualifying criteria in order to pro vide that the site satisfies this line 18 subparagraph and is otherwise eligible for streamlined appro val line 19 under this section, a local government shall not deny the application line 20 on the basis that the development proponent did not comply with line 21 any additional permit requirement, standard, or action adopted by line 22 that local government that is applicable to that site. A development line 23 may be located on a site described in this subparagraph if either line 24 of the following are met:
line 25 (i) The site has been subject to a Letter of Map Re vision line 26 prepared by the Federal Emer gency Management Agency and line 27 issued to the local jurisdiction.
line 28 (ii) The site meets Federal Emer gency Management Agency line 29 requirements necessary to meet minimum flood plain management line 30 criteria of the National Flood Insurance Program pursuant to Part line 31 59 (commencing with Section 59.1) and P art 60 (commencing line 32 with Section 60.1) of Subchapter B of Chapter I of Title 44 of the line 33 Code of Federal Regulations.
line 34 (H) Within a regulatory floodway as determined by the Federal line 35 Emergency Management Agency in any official maps published line 36 by the Federal Emer gency Management Agency, unless the line 37 development has recei ved a no-rise certification in accordance line 38 with Section 60.3(d)(3) of Title 44 of the Code of Federal line 39 Regulations. If a de velopment proponent is able to satisfy all line 40 applicable federal qualifying criteria in order to pro vide that the 95 SB 6 — 21 —
line 1 site satisfies this subparagraph and is otherwise eligible for line 2 streamlined approval under this section, a local government shall line 3 not den y the application on the basis that the de velopment line 4 proponent did not comply with any additional permit requirement, line 5 standard, or action adopted by that local go vernment that is line 6 applicable to that site.
line 7 (I) Lands identified for conserv ation in an adopted natural line 8 community conservation plan pursuant to the Natural Community line 9 Conservation Planning Act (Chapter 10 (commencing with Section line 10 2800) of Di vision 3 of the Fish and Game Code), habitat line 11 conservation plan pursuant to the federal Endangered Species Act line 12 of 1973 (16 U.S.C. Sec. 1531 et seq.), or other adopted natural line 13 resource protection plan.
line 14 (J) Habitat for protected species identified as candidate, line 15 sensitive, or species of special status by state or federal agencies, line 16 fully protected species, or species protected by the federal line 17 Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), line 18 the California Endangered Species Act (Chapter 1.5 (commencing line 19 with Section 2050) of Division 3 of the Fish and Game Code), or line 20 the Native Plant Protection Act (Chapter 10 (commencing with line 21 Section 1900) of Division 2 of the Fish and Game Code). line 22 (K) Lands under conservation easement.
line 23 (7) The development is not located on a site where an y of the line 24 following apply:
line 25 (A) The de velopment w ould require the demolition of the line 26 following types of housing:
line 27 (i) Housing that is subject to a recorded co venant, ordinance, line 28 or la w that restricts rents to le vels af fordable to persons and line 29 families of moderate, low, or very low income.
line 30 (ii) Housing that is subject to any form of rent or price control line 31 through a public entity’s valid exercise of its police power. line 32 (iii) Housing that has been occupied by tenants within the past line 33 10 years.
line 34 (B) The site was previously used for housing that was occupied line 35 by tenants that w as demolished within 10 years before the line 36 development proponent submits an application under this section. line 37 (C) The development would require the demolition of a historic line 38 structure that w as placed on a national, state, or local historic line 39 register.
95 — 22 — SB 6
line 1 (D) The property contains housing units that are occupied by line 2 tenants, and units at the property are, or were, subsequently offered line 3 for sale to the general public by the subdivider or subsequent owner line 4 of the property.
line 5 (8) The development proponent has done both of the following, line 6 as applicable:
line 7 (A) Certified to the locality that either of the following is true, line 8 as applicable:
line 9 (i) The entirety of the development is a public work for purposes line 10 of Chapter 1 (commencing with Section 1720) of Part 7 of Division line 11 2 of the Labor Code.
line 12 (ii) If the development is not in its entirety a public w ork, that line 13 all construction w orkers emplo yed in the e xecution of the line 14 development will be paid at least the general prevailing rate of per line 15 diem w ages for the type of w ork and geographic area, as line 16 determined by the Director of Industrial Relations pursuant to line 17 Sections 1773 and 1773.9 of the Labor Code, e xcept that line 18 apprentices registered in programs appro ved by the Chief of the line 19 Division of Apprenticeship Standards may be paid at least the line 20 applicable apprentice prevailing rate. If the development is subject line 21 to this subparagraph, then for those portions of the de velopment line 22 that are not a public work all of the following shall apply:
line 23 (I) The development proponent shall ensure that the prevailing line 24 wage requirement is included in all contracts for the performance line 25 of the work.
line 26 (II) All contractors and subcontractors shall pay to all line 27 construction workers employed in the e xecution of the w ork at line 28 least the general pre vailing rate of per diem w ages, except that line 29 apprentices registered in programs appro ved by the Chief of the line 30 Division of Apprenticeship Standards may be paid at least the line 31 applicable apprentice prevailing rate.
line 32 (III) Except as pro vided in subclause (V), all contractors and line 33 subcontractors shall maintain and verify payroll records pursuant line 34 to Section 1776 of the Labor Code and mak e those records line 35 available for inspection and copying as provided therein. line 36 (IV) Except as provided in subclause (V), the obligation of the line 37 contractors and subcontractors to pay pre vailing wages may be line 38 enforced by the Labor Commissioner through the issuance of a line 39 civil wage and penalty assessment pursuant to Section 1741 of the line 40 Labor Code, which may be reviewed pursuant to Section 1742 of 95 SB 6 — 23 —
line 1 the Labor Code, within 18 months after the completion of the line 2 development, by an underpaid w orker through an administrati ve line 3 complaint or ci vil action, or by a joint labor -management line 4 committee through a civil action under Section 1771.2 of the Labor line 5 Code. If a ci vil w age and penalty assessment is issued, the line 6 contractor, subcontractor, and surety on a bond or bonds issued to line 7 secure the payment of wages covered by the assessment shall be line 8 liable for liquidated damages pursuant to Section 1742.1 of the line 9 Labor Code.
line 10 (V) Subclauses (III) and (IV) shall not apply if all contractors line 11 and subcontractors performing work on the development are subject line 12 to a project labor agreement that requires the payment of prevailing line 13 wages to all construction w orkers employed in the e xecution of line 14 the development and provides for enforcement of that oblig ation line 15 through an arbitration procedure. F or purposes of this clause, line 16 “project labor agreement” has the same meaning as set forth in line 17 paragraph (1) of subdi vision (b) of Section 2500 of the Public line 18 Contract Code.
line 19 (VI) Notwithstanding subdivision (c) of Section 1773.1 of the line 20 Labor Code, the requirement that employer payments not reduce line 21 the obligation to pay the hourly straight time or o vertime wages line 22 found to be prevailing shall not apply if otherwise pro vided in a line 23 bona fide collecti ve bargaining agreement co vering the w orker. line 24 The requirement to pay at least the general pre vailing rate of per line 25 diem w ages does not preclude use of an alternati ve w orkweek line 26 schedule adopted pursuant to Section 511 or 514 of the Labor line 27 Code.
line 28 (B) (i) For de velopments for which an y of the follo wing line 29 conditions apply, certified that a skilled and trained w orkforce line 30 shall be used to complete the de velopment if the application is line 31 approved:
line 32 (I) On and after January 1, 2018, until December 31, 2021, the line 33 development consists of 75 or more units with a residential line 34 component that is not 100 percent subsidized af fordable housing line 35 and will be located within a jurisdiction located in a coastal or bay line 36 county with a population of 225,000 or more.
line 37 (II) On and after January 1, 2022, until December 31, 2025, the line 38 development consists of 50 or more units with a residential line 39 component that is not 100 percent subsidized af fordable housing 95 — 24 — SB 6
line 1 and will be located within a jurisdiction located in a coastal or bay line 2 county with a population of 225,000 or more.
line 3 (III) On and after January 1, 2018, until December 31, 2019, line 4 the development consists of 75 or more units with a residential line 5 component that is not 100 percent subsidized af fordable housing line 6 and will be located within a jurisdiction with a population of fewer line 7 than 550,000 and that is not located in a coastal or bay county. line 8 (IV) On and after January 1, 2020, until December 31, 2021, line 9 the development consists of more than 50 units with a residential line 10 component that is not 100 percent subsidized af fordable housing line 11 and will be located within a jurisdiction with a population of fewer line 12 than 550,000 and that is not located in a coastal or bay county. line 13 (V) On and after January 1, 2022, until December 31, 2025, the line 14 development consists of more than 25 units with a residential line 15 component that is not 100 percent subsidized af fordable housing line 16 and will be located within a jurisdiction with a population of fewer line 17 than 550,000 and that is not located in a coastal or bay county. line 18 (ii) For purposes of this section, “skilled and trained workforce” line 19 has the same meaning as pro vided in Chapter 2.9 (commencing line 20 with Section 2600) of Part 1 of Division 2 of the Public Contract line 21 Code.
line 22 (iii) If the de velopment proponent has certified that a skilled line 23 and trained workforce will be used to complete the de velopment line 24 and the application is approved, the following shall apply:
line 25 (I) The applicant shall require in all contracts for the line 26 performance of w ork that e very contractor and subcontractor at line 27 every tier will individually use a skilled and trained workforce to line 28 complete the development.
line 29 (II) Every contractor and subcontractor shall use a skilled and line 30 trained workforce to complete the development.
line 31 (III) Except as provided in subclause (IV), the applicant shall line 32 provide to the locality, on a monthly basis while the development line 33 or contract is being performed, a report demonstrating compliance line 34 with Chapter 2.9 (commencing with Section 2600) of P art 1 of line 35 Division 2 of the Public Contract Code. A monthly report provided line 36 to the locality pursuant to this subclause shall be a public record line 37 under the California Public Records Act (Chapter 3.5 (commencing line 38 with Section 6250) of Division 7 of Title 1) and shall be open to line 39 public inspection. An applicant that f ails to pro vide a monthly line 40 report demonstrating compliance with Chapter 2.9 (commencing 95 SB 6 — 25 —
line 1 with Section 2600) of Part 1 of Division 2 of the Public Contract line 2 Code shall be subject to a ci vil penalty of ten thousand dollars line 3 ($10,000) per month for each month for which the report has not line 4 been provided. Any contractor or subcontractor that fails to use a line 5 skilled and trained workforce shall be subject to a civil penalty of line 6 two hundred dollars ($200) per day for each worker employed in line 7 contravention of the skilled and trained w orkforce requirement. line 8 Penalties may be assessed by the Labor Commissioner within 18 line 9 months of completion of the de velopment using the same line 10 procedures for issuance of ci vil w age and penalty assessments line 11 pursuant to Section 1741 of the Labor Code, and may be reviewed line 12 pursuant to the same procedures in Section 1742 of the Labor line 13 Code. Penalties shall be paid to the State Public Works line 14 Enforcement Fund.
line 15 (IV) Subclause (III) shall not apply if all contractors and line 16 subcontractors performing work on the de velopment are subject line 17 to a project labor agreement that requires compliance with the line 18 skilled and trained w orkforce requirement and pro vides for line 19 enforcement of that oblig ation through an arbitration procedure. line 20 For purposes of this subparagraph, “project labor agreement” has line 21 the same meaning as set forth in paragraph (1) of subdivision (b) line 22 of Section 2500 of the Public Contract Code.
line 23 (C) Notwithstanding subparagraphs (A) and (B), a development line 24 that is subject to approval pursuant to this section is exempt from line 25 any requirement to pay pre vailing w ages or use a skilled and line 26 trained workforce if it meets both of the following:
line 27 (i) The project includes 10 or fewer units.
line 28 (ii) The project is not a public work for purposes of Chapter 1 line 29 (commencing with Section 1720) of P art 7 of Di vision 2 of the line 30 Labor Code.
line 31 (9) The development did not or does not involve a subdivision line 32 of a parcel that is, or, notwithstanding this section, would otherwise line 33 be, subject to the Subdivision Map Act (Division 2 (commencing line 34 with Section 66410)) or any other applicable law authorizing the line 35 subdivision of land, unless the development is consistent with all line 36 objective subdivision standards in the local subdivision ordinance, line 37 and either of the following apply:
line 38 (A) The development has received or will receive financing or line 39 funding by means of a low-income housing tax credit and is subject 95 — 26 — SB 6
line 1 to the requirement that pre vailing w ages be paid pursuant to line 2 subparagraph (A) of paragraph (8).
line 3 (B) The de velopment is subject to the requirement that line 4 prevailing wages be paid, and a skilled and trained workforce used, line 5 pursuant to paragraph (8).
line 6 (10) The development shall not be upon an e xisting parcel of line 7 land or site that is governed under the Mobilehome Residency Law line 8 (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2 line 9 of Division 2 of the Ci vil Code), the Recreational Vehicle Park line 10 Occupancy Law (Chapter 2.6 (commencing with Section 799.20) line 11 of Title 2 of P art 2 of Di vision 2 of the Ci vil Code), the line 12 Mobilehome Parks Act (Part 2.1 (commencing with Section 18200) line 13 of Division 13 of the Health and Safety Code), or the Special line 14 Occupancy Parks Act (Part 2.3 (commencing with Section 18860) line 15 of Division 13 of the Health and Safety Code).
line 16 (b) (1) (A) (i) Before submitting an application for a line 17 development subject to the streamlined, ministerial appro val line 18 process described in subdivision (c), the development proponent line 19 shall submit to the local government a notice of its intent to submit line 20 an application. The notice of intent shall be in the form of a line 21 preliminary application that includes all of the information line 22 described in Section 65941.1, as that section read on January 1, line 23 2020.
line 24 (ii) Upon receipt of a notice of intent to submit an application line 25 described in clause (i), the local go vernment shall eng age in a line 26 scoping consultation re garding the proposed de velopment with line 27 any California Nati ve American tribe that is traditionally and line 28 culturally affiliated with the geographic area, as described in line 29 Section 21080.3.1 of the Public Resources Code, of the proposed line 30 development. In order to expedite compliance with this subdivision, line 31 the local government shall contact the Native American Heritage line 32 Commission for assistance in identifying an y California Nati ve line 33 American tribe that is traditionally and culturally affiliated with line 34 the geographic area of the proposed development. line 35 (iii) The timeline for noticing and commencing a scoping line 36 consultation in accordance with this subdivision shall be as follows:
line 37 (I) The local go vernment shall pro vide a formal notice of a line 38 development proponent’s notice of intent to submit an application line 39 described in clause (i) to each California Nati ve American tribe line 40 that is traditionally and culturally affiliated with the geographic 95 SB 6 — 27 —
line 1 area of the proposed development within 30 days of receiving that line 2 notice of intent. The formal notice pro vided pursuant to this line 3 subclause shall include all of the following:
line 4 (ia) A description of the proposed development. line 5 (ib) The location of the proposed development.
line 6 (ic) An in vitation to eng age in a scoping consultation in line 7 accordance with this subdivision.
line 8 (II) Each California Native American tribe that receives a formal line 9 notice pursuant to this clause shall have 30 days from the receipt line 10 of that notice to accept the in vitation to eng age in a scoping line 11 consultation.
line 12 (III) If the local go vernment receives a response accepting an line 13 invitation to eng age in a scoping consultation pursuant to this line 14 subdivision, the local go vernment shall commence the scoping line 15 consultation within 30 days of receiving that response. line 16 (B) The scoping consultation shall recognize that California line 17 Native American tribes traditionally and culturally affiliated with line 18 a geographic area ha ve knowledge and expertise concerning the line 19 resources at issue and shall tak e into account the cultural line 20 significance of the resource to the culturally affiliated California line 21 Native American tribe.
line 22 (C) The parties to a scoping consultation conducted pursuant line 23 to this subdivision shall be the local government and any California line 24 Native American tribe traditionally and culturally affiliated with line 25 the geographic area of the proposed development. More than one line 26 California Nati ve American tribe traditionally and culturally line 27 affiliated with the geographic area of the proposed de velopment line 28 may participate in the scoping consultation. Ho wever, the local line 29 government, upon the request of any California Native American line 30 tribe traditionally and culturally affiliated with the geographic area line 31 of the proposed development, shall engage in a separate scoping line 32 consultation with that California Nati ve American tribe. The line 33 development proponent and its consultants may participate in a line 34 scoping consultation process conducted pursuant to this subdivision line 35 if all of the following conditions are met:
line 36 (i) The de velopment proponent and its consultants agree to line 37 respect the principles set forth in this subdivision. line 38 (ii) The development proponent and its consultants eng age in line 39 the scoping consultation in good faith.
95 — 28 — SB 6
line 1 (iii) The California Native American tribe participating in the line 2 scoping consultation approves the participation of the development line 3 proponent and its consultants. The California Nati ve American line 4 tribe may rescind its appro val at an y time during the scoping line 5 consultation, either for the duration of the scoping consultation or line 6 with respect to an y particular meeting or discussion held as part line 7 of the scoping consultation.
line 8 (D) The participants to a scoping consultation pursuant to this line 9 subdivision shall comply with all of the following confidentiality line 10 requirements:
line 11 (i) Subdivision (r) of Section 6254.
line 12 (ii) Section 6254.10.
line 13 (iii) Subdivision (c) of Section 21082.3 of the Public Resources line 14 Code.
line 15 (iv) Subdivision (d) of Section 15120 of Title 14 of the line 16 California Code of Regulations.
line 17 (v) Any additional confidentiality standards adopted by the line 18 California Nati ve American tribe participating in the scoping line 19 consultation.
line 20 (E) The California En vironmental Quality Act (Di vision 13 line 21 (commencing with Section 21000) of the Public Resources Code) line 22 shall not apply to a scoping consultation conducted pursuant to line 23 this subdivision.
line 24 (2) (A) If, after concluding the scoping consultation, the parties line 25 find that no potential tribal cultural resource would be affected by line 26 the proposed development, the development proponent may submit line 27 an application for the proposed development that is subject to the line 28 streamlined, ministerial approval process described in subdivision line 29 (c).
line 30 (B) If, after concluding the scoping consultation, the parties line 31 find that a potential tribal cultural resource could be af fected by line 32 the proposed de velopment and an enforceable agreement is line 33 documented between the California Native American tribe and the line 34 local government on methods, measures, and conditions for tribal line 35 cultural resource treatment, the development proponent may submit line 36 the application for a de velopment subject to the streamlined, line 37 ministerial approval process described in subdivision (c). The local line 38 government shall ensure that the enforceable agreement is included line 39 in the requirements and conditions for the proposed development. 95 SB 6 — 29 —
line 1 (C) If, after concluding the scoping consultation, the parties line 2 find that a potential tribal cultural resource could be af fected by line 3 the proposed de velopment and an enforceable agreement is not line 4 documented between the California Native American tribe and the line 5 local government regarding methods, measures, and conditions line 6 for tribal cultural resource treatment, the de velopment shall not line 7 be eligible for the streamlined, ministerial appro val process line 8 described in subdivision (c).
line 9 (D) For purposes of this paragraph, a scoping consultation shall line 10 be deemed to be concluded if either of the following occur:
line 11 (i) The parties to the scoping consultation document an line 12 enforceable agreement concerning methods, measures, and line 13 conditions to avoid or address potential impacts to tribal cultural line 14 resources that are or may be present.
line 15 (ii) One or more parties to the scoping consultation, acting in line 16 good f aith and after reasonable ef fort, conclude that a mutual line 17 agreement on methods, measures, and conditions to a void or line 18 address impacts to tribal cultural resources that are or may be line 19 present cannot be reached.
line 20 (E) If the de velopment or en vironmental setting substantially line 21 changes after the completion of the scoping consultation, the local line 22 government shall notify the California Nati ve American tribe of line 23 the changes and eng age in a subsequent scoping consultation if line 24 requested by the California Native American tribe. line 25 (3) A local go vernment may only accept an application for line 26 streamlined, ministerial approval pursuant to this section if one of line 27 the following applies:
line 28 (A) A California Native American tribe that received a formal line 29 notice of the development proponent’s notice of intent to submit line 30 an application pursuant to subclause (I) of clause (iii) of line 31 subparagraph (A) of paragraph (1) did not accept the invitation to line 32 engage in a scoping consultation.
line 33 (B) The California Native American tribe accepted an invitation line 34 to engage in a scoping consultation pursuant to subclause (II) of line 35 clause (iii) of subparagraph (A) of paragraph (1) but substantially line 36 failed to eng age in the scoping consultation after repeated line 37 documented attempts by the local go vernment to eng age the line 38 California Native American tribe.
line 39 (C) The parties to a scoping consultation pursuant to this line 40 subdivision find that no potential tribal cultural resource will be 95 — 30 — SB 6
line 1 affected by the proposed de velopment pursuant to subparagraph line 2 (A) of paragraph (2).
line 3 (D) A scoping consultation between a California Nati ve line 4 American tribe and the local go vernment has occurred in line 5 accordance with this subdi vision and resulted in agreement line 6 pursuant to subparagraph (B) of paragraph (2).
line 7 (4) A project shall not be eligible for the streamlined, ministerial line 8 process described in subdivision (c) if any of the following apply:
line 9 (A) There is a tribal cultural resource that is on a national, state, line 10 tribal, or local historic register list located on the site of the project. line 11 (B) There is a potential tribal cultural resource that could be line 12 affected by the proposed development and the parties to a scoping line 13 consultation conducted pursuant to this subdi vision do not line 14 document an enforceable agreement on methods, measures, and line 15 conditions for tribal cultural resource treatment, as described in line 16 subparagraph (C) of paragraph (2).
line 17 (C) The parties to a scoping consultation conducted pursuant line 18 to this subdi vision do not agree as to whether a potential tribal line 19 cultural resource will be affected by the proposed development. line 20 (5) (A) If, after a scoping consultation conducted pursuant to line 21 this subdi vision, a project is not eligible for the streamlined, line 22 ministerial process described in subdi vision (c) for an y or all of line 23 the following reasons, the local government shall provide written line 24 documentation of that f act, and an e xplanation of the reason for line 25 which the project is not eligible, to the de velopment proponent line 26 and to any California Native American tribe that is a party to that line 27 scoping consultation:
line 28 (i) There is a tribal cultural resource that is on a national, state, line 29 tribal, or local historic register list located on the site of the project, line 30 as described in subparagraph (A) of paragraph (4). line 31 (ii) The parties to the scoping consultation have not documented line 32 an enforceable agreement on methods, measures, and conditions line 33 for tribal cultural resource treatment, as described in subparagraph line 34 (C) of paragraph (2) and subparagraph (B) of paragraph (4). line 35 (iii) The parties to the scoping consultation do not agree as to line 36 whether a potential tribal cultural resource will be affected by the line 37 proposed de velopment, as described in subparagraph (C) of line 38 paragraph (4).
line 39 (B) The written documentation pro vided to a de velopment line 40 proponent pursuant to this paragraph shall include information on 95 SB 6 — 31 —
line 1 how the development proponent may seek a conditional use permit line 2 or other discretionary approval of the development from the local line 3 government.
line 4 (6) This section is not intended, and shall not be construed, to line 5 limit consultation and discussion between a local government and line 6 a California Nati ve American tribe pursuant to other applicable line 7 law, confidentiality pro visions under other applicable la w, the line 8 protection of religious exercise to the fullest extent permitted under line 9 state and federal law, or the ability of a California Native American line 10 tribe to submit information to the local government or participate line 11 in any process of the local government.
line 12 (7) For purposes of this subdivision:
line 13 (A) “Consultation” means the meaningful and timely process line 14 of seeking, discussing, and considering carefully the vie ws of line 15 others, in a manner that is cognizant of all parties’ cultural values line 16 and, where feasible, seeking agreement. Consultation between line 17 local governments and California Native American tribes shall be line 18 conducted in a w ay that is mutually respectful of each party’ s line 19 sovereignty. Consultation shall also recognize the tribes’ potential line 20 needs for confidentiality with respect to places that have traditional line 21 tribal cultural importance. A lead agency shall consult the tribal line 22 consultation best practices described in the “State of California line 23 Tribal Consultation Guidelines: Supplement to the General Plan line 24 Guidelines” prepared by the Office of Planning and Research. line 25 (B) “Scoping” means the act of participating in early discussions line 26 or in vestigations between the local go vernment and California line 27 Native American tribe, and the de velopment proponent if line 28 authorized by the California Native American tribe, regarding the line 29 potential effects a proposed development could have on a potential line 30 tribal cultural resource, as defined in Section 21074 of the Public line 31 Resources Code, or California Native American tribe, as defined line 32 in Section 21073 of the Public Resources Code.
line 33 (8) This subdivision shall not apply to any project that has been line 34 approved under the streamlined, ministerial appro val process line 35 provided under this section before the ef fective date of the act line 36 adding this subdivision.
line 37 (c) (1) If a local go vernment determines that a de velopment line 38 submitted pursuant to this section is in conflict with an y of the line 39 objective planning standards specified in subdi vision (a), it shall line 40 provide the de velopment proponent written documentation of 95 — 32 — SB 6
line 1 which standard or standards the de velopment conflicts with, and line 2 an explanation for the reason or reasons the development conflicts line 3 with that standard or standards, as follows:
line 4 (A) Within 60 days of submittal of the development to the local line 5 government pursuant to this section if the de velopment contains line 6 150 or fewer housing units.
line 7 (B) Within 90 days of submittal of the development to the local line 8 government pursuant to this section if the de velopment contains line 9 more than 150 housing units.
line 10 (2) If the local go vernment f ails to pro vide the required line 11 documentation pursuant to paragraph (1), the de velopment shall line 12 be deemed to satisfy the objective planning standards specified in line 13 subdivision (a).
line 14 (3) For purposes of this section, a de velopment is consistent line 15 with the objective planning standards specified in subdivision (a) line 16 if there is substantial evidence that would allow a reasonable person line 17 to conclude that the development is consistent with the objective line 18 planning standards.
line 19 (d) (1) Any design re view or public o versight of the line 20 development may be conducted by the local government’s planning line 21 commission or an y equivalent board or commission responsible line 22 for review and approval of development projects, or the city council line 23 or board of supervisors, as appropriate. That design re view or line 24 public o versight shall be objecti ve and be strictly focused on line 25 assessing compliance with criteria required for streamlined projects, line 26 as well as an y reasonable objecti ve design standards published line 27 and adopted by ordinance or resolution by a local jurisdiction line 28 before submission of a de velopment application, and shall be line 29 broadly applicable to de velopment within the jurisdiction. That line 30 design review or public o versight shall be completed as follo ws line 31 and shall not in any way inhibit, chill, or preclude the ministerial line 32 approval provided by this section or its effect, as applicable:
line 33 (A) Within 90 days of submittal of the development to the local line 34 government pursuant to this section if the de velopment contains line 35 150 or fewer housing units.
line 36 (B) Within 180 days of submittal of the de velopment to the line 37 local go vernment pursuant to this section if the de velopment line 38 contains more than 150 housing units.
line 39 (2) If the de velopment is consistent with the requirements of line 40 subparagraph (A) or (B) of paragraph (9) of subdi vision (a) and 95 SB 6 — 33 —
line 1 is consistent with all objecti ve subdivision standards in the local line 2 subdivision ordinance, an application for a subdi vision pursuant line 3 to the Subdivision Map Act (Division 2 (commencing with Section line 4 66410)) shall be exempt from the requirements of the California line 5 Environmental Quality Act (Division 13 (commencing with Section line 6 21000) of the Public Resources Code) and shall be subject to the line 7 public oversight timelines set forth in paragraph (1). line 8 (e) (1) Notwithstanding an y other la w, a local go vernment, line 9 whether or not it has adopted an ordinance governing automobile line 10 parking requirements in multif amily de velopments, shall not line 11 impose automobile parking standards for a streamlined line 12 development that was approved pursuant to this section in any of line 13 the following instances:
line 14 (A) The development is located within one-half mile of public line 15 transit.
line 16 (B) The development is located within an architecturally and line 17 historically significant historic district.
line 18 (C) When on-street parking permits are required but not offered line 19 to the occupants of the development.
line 20 (D) When there is a car share vehicle located within one block line 21 of the development.
line 22 (2) If the development does not fall within any of the categories line 23 described in paragraph (1), the local government shall not impose line 24 automobile parking requirements for streamlined de velopments line 25 approved pursuant to this section that e xceed one parking space line 26 per unit.
line 27 (f) (1) If a local government approves a development pursuant line 28 to this section, then, notwithstanding any other law, that approval line 29 shall not expire if the project includes public investment in housing line 30 affordability, beyond tax credits, where 50 percent of the units are line 31 affordable to households making at or below 80 percent of the area line 32 median income.
line 33 (2) (A) If a local government approves a development pursuant line 34 to this section and the project does not include 50 percent of the line 35 units affordable to households making at or belo w 80 percent of line 36 the area median income, that approval shall remain valid for three line 37 years from the date of the final action establishing that appro val, line 38 or if litigation is filed challenging that approval, from the date of line 39 the final judgment upholding that approval. Approval shall remain line 40 valid for a project pro vided that v ertical construction of the 95 — 34 — SB 6
line 1 development has be gun and is in progress. F or purposes of this line 2 subdivision, “in progress” means one of the following:
line 3 (i) The construction has begun and has not ceased for more than line 4 180 days.
line 5 (ii) If the de velopment requires multiple b uilding permits, an line 6 initial phase has been completed, and the project proponent has line 7 applied for and is diligently pursuing a b uilding permit for a line 8 subsequent phase, pro vided that once it has been issued, the line 9 building permit for the subsequent phase does not lapse. line 10 (B) Notwithstanding subparagraph (A), a local government may line 11 grant a project a one-time, one-year e xtension if the project line 12 proponent can pro vide documentation that there has been line 13 significant progress toward getting the development construction line 14 ready, such as filing a building permit application. line 15 (3) If a local government approves a development pursuant to line 16 this section, that approval shall remain valid for three years from line 17 the date of the final action establishing that appro val and shall line 18 remain valid thereafter for a project so long as vertical construction line 19 of the development has begun and is in progress. Additionally, the line 20 development proponent may request, and the local go vernment line 21 shall have discretion to grant, an additional one-year extension to line 22 the original three-year period. The local government’s action and line 23 discretion in determining whether to grant the foregoing extension line 24 shall be limited to considerations and processes set forth in this line 25 section.
line 26 (g) (1) (A) A de velopment proponent may request a line 27 modification to a development that has been appro ved under the line 28 streamlined, ministerial approval process provided in subdivision line 29 (b) if that request is submitted to the local government before the line 30 issuance of the final building permit required for construction of line 31 the development.
line 32 (B) Except as provided in paragraph (3), the local government line 33 shall approve a modification if it determines that the modification line 34 is consistent with the objecti ve planning standards specified in line 35 subdivision (a) that were in effect when the original development line 36 application was first submitted.
line 37 (C) The local go vernment shall e valuate an y modifications line 38 requested pursuant to this subdi vision for consistenc y with the line 39 objective planning standards using the same assumptions and line 40 analytical methodology that the local government originally used 95 SB 6 — 35 —
line 1 to assess consistency for the de velopment that was approved for line 2 streamlined, ministerial approval pursuant to subdivision (b). line 3 (D) A guideline that was adopted or amended by the department line 4 pursuant to subdi vision (j) after a de velopment w as appro ved line 5 through the streamlined ministerial approval process described in line 6 subdivision (b) shall not be used as a basis to den y proposed line 7 modifications.
line 8 (2) Upon receipt of the developmental proponent’s application line 9 requesting a modification, the local go vernment shall determine line 10 if the requested modification is consistent with the objecti ve line 11 planning standard and either appro ve or den y the modification line 12 request within 60 days after submission of the modification, or line 13 within 90 days if design review is required.
line 14 (3) Notwithstanding paragraph (1), the local go vernment may line 15 apply objective planning standards adopted after the development line 16 application was first submitted to the requested modification in line 17 any of the following instances:
line 18 (A) The development is revised such that the total number of line 19 residential units or total square footage of construction changes line 20 by 15 percent or more.
line 21 (B) The development is revised such that the total number of line 22 residential units or total square footage of construction changes line 23 by 5 percent or more and it is necessary to subject the development line 24 to an objecti ve standard be yond those in ef fect when the line 25 development application w as submitted in order to mitig ate or line 26 avoid a specific, adv erse impact, as that term is defined in line 27 subparagraph (A) of paragraph (1) of subdi vision (j) of Section line 28 65589.5, upon the public health or safety and there is no feasible line 29 alternative method to satisfactorily mitigate or avoid the adverse line 30 impact.
line 31 (C) Objective b uilding standards contained in the California line 32 Building Standards Code (T itle 24 of the California Code of line 33 Regulations), including, b ut not limited to, b uilding, plumbing, line 34 electrical, fire, and grading codes, may be applied to all line 35 modifications.
line 36 (4) The local go vernment’s review of a modification request line 37 pursuant to this subdivision shall be strictly limited to determining line 38 whether the modification, including any modification to previously line 39 approved density bonus concessions or w aivers, modify the line 40 development’s consistency with the objective planning standards 95 — 36 — SB 6
line 1 and shall not reconsider prior determinations that are not affected line 2 by the modification.
line 3 (h) (1) A local go vernment shall not adopt or impose an y line 4 requirement, including, b ut not limited to, increased fees or line 5 inclusionary housing requirements, that applies to a project solely line 6 or partially on the basis that the project is eligible to recei ve line 7 ministerial or streamlined approval pursuant to this section. line 8 (2) A local government shall issue a subsequent permit required line 9 for a development approved under this section if the application line 10 substantially complies with the de velopment as it w as approved line 11 pursuant to subdivision (c). Upon receipt of an application for a line 12 subsequent permit, the local government shall process the permit line 13 without unreasonable delay and shall not impose an y procedure line 14 or requirement that is not imposed on projects that are not approved line 15 pursuant to this section. Issuance of subsequent permits shall line 16 implement the appro ved development, and re view of the permit line 17 application shall not inhibit, chill, or preclude the de velopment. line 18 For purposes of this paragraph, a “subsequent permit” means a line 19 permit required subsequent to receiving approval under subdivision line 20 (c), and includes, b ut is not limited to, demolition, grading, line 21 encroachment, and building permits and final maps, if necessary. line 22 (3) (A) If a public impro vement is necessary to implement a line 23 development that is subject to the streamlined, ministerial approval line 24 pursuant to this section, including, b ut not limited to, a bic ycle line 25 lane, sidewalk or w alkway, public transit stop, dri veway, street line 26 paving or overlay, a curb or gutter, a modified intersection, a street line 27 sign or street light, landscape or hardscape, an abo ve-ground or line 28 underground utility connection, a w ater line, fire h ydrant, storm line 29 or sanitary sewer connection, retaining wall, and any related work, line 30 and that public improvement is located on land owned by the local line 31 government, to the e xtent that the public impro vement requires line 32 approval from the local go vernment, the local go vernment shall line 33 not exercise its discretion over any approval relating to the public line 34 improvement in a manner that would inhibit, chill, or preclude the line 35 development.
line 36 (B) If an application for a public impro vement described in line 37 subparagraph (A) is submitted to a local go vernment, the local line 38 government shall do all of the following:
95 SB 6 — 37 —
line 1 (i) Consider the application based upon any objective standards line 2 specified in an y state or local la ws that were in ef fect when the line 3 original development application was submitted.
line 4 (ii) Conduct its review and approval in the same manner as it line 5 would evaluate the public impro vement if required by a project line 6 that is not eligible to recei ve ministerial or streamlined appro val line 7 pursuant to this section.
line 8 (C) If an application for a public impro vement described in line 9 subparagraph (A) is submitted to a local go vernment, the local line 10 government shall not do either of the following:
line 11 (i) Adopt or impose an y requirement that applies to a project line 12 solely or partially on the basis that the project is eligible to receive line 13 ministerial or streamlined approval pursuant to this section. line 14 (ii) Unreasonably delay in its consideration, review, or approval line 15 of the application.
line 16 (i) (1) This section shall not affect a development proponent’s line 17 ability to use any alternative streamlined by right permit processing line 18 adopted by a local go vernment, including the pro visions of line 19 subdivision (i) of Section 65583.2.
line 20 (2) This section shall not pre vent a de velopment from also line 21 qualifying as a housing de velopment project entitled to the line 22 protections of Section 65589.5. This paragraph does not constitute line 23 a change in, but is declaratory of, existing law. line 24 (j) The California En vironmental Quality Act (Di vision 13 line 25 (commencing with Section 21000) of the Public Resources Code) line 26 does not apply to actions taken by a state agency, local government, line 27 or the San Francisco Bay Area Rapid Transit District to:
line 28 (1) Lease, con vey, or encumber land o wned by the local line 29 government or the San Francisco Bay Area Rapid Transit District line 30 or to f acilitate the lease, con veyance, or encumbrance of land line 31 owned by the local government, or for the lease of land owned by line 32 the San Francisco Bay Area Rapid Transit District in association line 33 with an eligible TOD project, as defined pursuant to Section line 34 29010.1 of the Public Utilities Code, nor to an y decisions line 35 associated with that lease, or to pro vide financial assistance to a line 36 development that recei ves streamlined appro val pursuant to this line 37 section that is to be used for housing for persons and f amilies of line 38 very low, low, or moderate income, as defined in Section 50093 line 39 of the Health and Safety Code.
95 — 38 — SB 6
line 1 (2) Approve improvements located on land owned by the local line 2 government or the San Francisco Bay Area Rapid Transit District line 3 that are necessary to implement a de velopment that recei ves line 4 streamlined approval pursuant to this section that is to be used for line 5 housing for persons and f amilies of v ery low, low, or moderate line 6 income, as defined in Section 50093 of the Health and Safety Code. line 7 (k) For purposes of this section, the follo wing terms have the line 8 following meanings:
line 9 (1) “Affordable housing cost” has the same meaning as set forth line 10 in Section 50052.5 of the Health and Safety Code. line 11 (2) “Affordable rent” has the same meaning as set forth in line 12 Section 50053 of the Health and Safety Code.
line 13 (3) “Department” means the Department of Housing and line 14 Community Development.
line 15 (4) “Development proponent” means the developer who submits line 16 an application for streamlined approval pursuant to this section. line 17 (5) “Completed entitlements” means a housing de velopment line 18 that has received all the required land use approvals or entitlements line 19 necessary for the issuance of a building permit. line 20 (6) “Locality” or “local government” means a city, including a line 21 charter city, a county , including a charter county , or a city and line 22 county, including a charter city and county.
line 23 (7) “Moderate income housing units” means housing units with line 24 an af fordable housing cost or af fordable rent for persons and line 25 families of moderate income, as that term is defined in Section line 26 50093 of the Health and Safety Code.
line 27 (8) “Production report” means the information reported pursuant line 28 to subparagraph (H) of paragraph (2) of subdivision (a) of Section line 29 65400.
line 30 (9) “State agenc y” includes e very state office, officer , line 31 department, division, bureau, board, and commission, but does not line 32 include the California State Uni versity or the Uni versity of line 33 California.
line 34 (10) “Subsidized” means units that are price or rent restricted line 35 such that the units are af fordable to households meeting the line 36 definitions of very low and lower income, as defined in Sections line 37 50079.5 and 50105 of the Health and Safety Code. line 38 (11) “Reporting period” means either of the following:
line 39 (A) The first half of the re gional housing needs assessment line 40 cycle.
95 SB 6 — 39 —
line 1 (B) The last half of the regional housing needs assessment cycle. line 2 (12) “Urban uses” means an y current or former residential, line 3 commercial, public institutional, transit or transportation passenger line 4 facility, or retail use, or any combination of those uses. line 5 (l) The department may re view, adopt, amend, and repeal line 6 guidelines to implement uniform standards or criteria that line 7 supplement or clarify the terms, references, or standards set forth line 8 in this section. Any guidelines or terms adopted pursuant to this line 9 subdivision shall not be subject to Chapter 3.5 (commencing with line 10 Section 11340) of Part 1 of Division 3 of Title 2 of the Government line 11 Code.
line 12 (m) The determination of whether an application for a line 13 development is subject to the streamlined ministerial appro val line 14 process provided by subdivision (c) is not a “project” as defined line 15 in Section 21065 of the Public Resources Code.
line 16 (n) It is the polic y 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 appro val and pro vision of, increased line 19 housing supply.
line 20 (o) This section shall remain in effect only until January 1, 2026, line 21 and as of that date is repealed.
line 22 SEC. 2. Section 65913.4 of the Government Code is amended line 23 to read:
line 24 65913.4. (a) A de velopment proponent may submit an line 25 application for a de velopment that is subject to the streamlined, line 26 ministerial approval process pro vided by subdi vision (c) and is line 27 not subject to a conditional use permit if the development complies line 28 with subdivision (b) and satisfies all of the follo wing objective line 29 planning standards:
line 30 (1) The development is a multifamily housing development that line 31 contains two or more residential units.
line 32 (2) The development and the site on which it is located satisfy line 33 all of the following:
line 34 (A) It is a legal parcel or parcels located in a city if, and only line 35 if, the city boundaries include some portion of either an urbanized line 36 area or urban cluster, as designated by the United States Census line 37 Bureau, or , for unincorporated areas, a le gal parcel or parcels line 38 wholly within the boundaries of an urbanized area or urban cluster, line 39 as designated by the United States Census Bureau. 95 — 40 — SB 6
line 1 (B) At least 75 percent of the perimeter of the site adjoins parcels line 2 that are developed with urban uses. For the purposes of this section, line 3 parcels that are only separated by a street or highw ay shall be line 4 considered to be adjoined.
line 5 (C) (i) A site that meets the r equirements of clause (ii) and line 6 satisfies any of the following:
line 7 (I) The site is zoned for residential use or residential mixed-use line 8 development.
line 9 (II) The site has a g eneral plan designation that allows line 10 residential use or a mix of residential and nonresidential uses. line 11 (III) The site is zoned for office or r etail commercial use and line 12 has had no commercial tenants on 50 percent or more of its total line 13 usable net interior squar e footage for a period of at least thr ee line 14 years prior to the submission of the application. line 15 (C) It is zoned for residential use or residential mix ed-use line 16 development, or has a general plan designation that allo ws line 17 residential use or a mix of residential and nonresidential uses, and line 18 at least
line 19 (ii) At least two-thirds of the square footage of the development line 20 is designated for residential use. Additional density, floor area, line 21 and units, and an y other concession, incenti ve, or w aiver of line 22 development standards granted pursuant to the Density Bonus Law line 23 in Section 65915 shall be included in the square footage line 24 calculation. The square footage of the de velopment shall not line 25 include underground space, such as basements or under ground line 26 parking garages.
line 27 (3) (A) The development proponent has committed to record, line 28 prior to the issuance of the first b uilding permit, a land use line 29 restriction or co venant pro viding that an y lo wer or moderate line 30 income housing units required pursuant to subparagraph (B) of line 31 paragraph (4) shall remain a vailable at af fordable housing costs line 32 or rent to persons and f amilies of lower or moderate income for line 33 no less than the following periods of time:
line 34 (i) Fifty-five years for units that are rented. line 35 (ii) Forty-five years for units that are owned. line 36 (B) The city or county shall require the recording of covenants line 37 or restrictions implementing this paragraph for each parcel or unit line 38 of real property included in the development.
line 39 (4) The development satisfies subparagraphs (A) and (B) below:
95 SB 6 — 41 —
line 1 (A) Is located in a locality that the department has determined line 2 is subject to this subparagraph on the basis that the number of units line 3 that have been issued building permits, as shown on the most recent line 4 production report recei ved by the department, is less than the line 5 locality’s share of the regional housing needs, by income category, line 6 for that reporting period. A locality shall remain eligible under line 7 this subparagraph until the department’s determination for the next line 8 reporting period.
line 9 (B) The development is subject to a requirement mandating a line 10 minimum percentage of below market rate housing based on one line 11 of the following:
line 12 (i) The locality did not submit its latest production report to the line 13 department by the time period required by Section 65400, or that line 14 production report reflects that there were fe wer units of abo ve line 15 moderate-income housing issued b uilding permits than were line 16 required for the regional housing needs assessment cycle for that line 17 reporting period. In addition, if the project contains more than 10 line 18 units of housing, the project does either of the following:
line 19 (I) The project dedicates a minimum of 10 percent of the total line 20 number of units to housing affordable to households making at or line 21 below 80 percent of the area median income. Ho wever, if the line 22 locality has adopted a local ordinance that requires that greater line 23 than 10 percent of the units be dedicated to housing affordable to line 24 households making below 80 percent of the area median income, line 25 that local ordinance applies.
line 26 (II) (ia) If the project is located within the San Francisco Bay line 27 area, the project, in lieu of complying with subclause (I), dedicates line 28 20 percent of the total number of units to housing af fordable to line 29 households making below 120 percent of the area median income line 30 with the average income of the units at or belo w 100 percent of line 31 the area median income. Ho wever, a local ordinance adopted by line 32 the locality applies if it requires greater than 20 percent of the units line 33 be dedicated to housing af fordable to households making at or line 34 below 120 percent of the area median income, or requires that any line 35 of the units be dedicated at a le vel deeper than 120 percent. In line 36 order to comply with this subclause, the rent or sale price charged line 37 for units that are dedicated to housing af fordable to households line 38 between 80 percent and 120 percent of the area median income line 39 shall not exceed 30 percent of the gross income of the household. 95 — 42 — SB 6
line 1 (ib) For purposes of this subclause, “San Francisco Bay area” line 2 means the entire area within the territorial boundaries of the line 3 Counties of Alameda, Contra Costa, Marin, Napa, San Mateo, line 4 Santa Clara, Solano, and Sonoma, and the City and County of San line 5 Francisco.
line 6 (ii) The locality’s latest production report reflects that there line 7 were fewer units of housing issued building permits affordable to line 8 either v ery lo w income or lo w-income households by income line 9 category than were required for the re gional housing needs line 10 assessment cycle for that reporting period, and the project seeking line 11 approval dedicates 50 percent of the total number of units to line 12 housing affordable to households making at or belo w 80 percent line 13 of the area median income. Ho wever, if the locality has adopted line 14 a local ordinance that requires that greater than 50 percent of the line 15 units be dedicated to housing affordable to households making at line 16 or below 80 percent of the area median income, that local ordinance line 17 applies.
line 18 (iii) The locality did not submit its latest production report to line 19 the department by the time period required by Section 65400, or line 20 if the production report reflects that there were fe wer units of line 21 housing affordable to both income levels described in clauses (i) line 22 and (ii) that were issued b uilding permits than were required for line 23 the re gional housing needs assessment c ycle for that reporting line 24 period, the project seeking approval may choose between utilizing line 25 clause (i) or (ii).
line 26 (C) (i) A development proponent that uses a unit of affordable line 27 housing to satisfy the requirements of subparagraph (B) may also line 28 satisfy any other local or state requirement for affordable housing, line 29 including local ordinances or the Density Bonus La w in Section line 30 65915, provided that the de velopment proponent complies with line 31 the applicable requirements in the state or local law. line 32 (ii) A de velopment proponent that uses a unit of af fordable line 33 housing to satisfy any other state or local affordability requirement line 34 may also satisfy the requirements of subparagraph (B), pro vided line 35 that the de velopment proponent complies with applicable line 36 requirements of subparagraph (B).
line 37 (iii) A de velopment proponent may satisfy the af fordability line 38 requirements of subparagraph (B) with a unit that is restricted to line 39 households with incomes lower than the applicable income limits line 40 required in subparagraph (B).
95 SB 6 — 43 —
line 1 (5) The development, excluding any additional density or an y line 2 other concessions, incentives, or waivers of development standards line 3 granted pursuant to the Density Bonus La w in Section 65915, is line 4 consistent with objective zoning standards, objective subdivision line 5 standards, and objective design review standards in ef fect at the line 6 time that the de velopment is submitted to the local go vernment line 7 pursuant to this section, or at the time a notice of intent is submitted line 8 pursuant to subdivision (b), whichever occurs earlier. For purposes line 9 of this paragraph, “objecti ve zoning standards, ” “objecti ve line 10 subdivision standards,” and “objecti ve design re view standards” line 11 mean standards that in volve no personal or subjecti ve judgment line 12 by a public official and are uniformly v erifiable by reference to line 13 an e xternal and uniform benchmark or criterion a vailable and line 14 knowable by both the development applicant or proponent and the line 15 public official before submittal. These standards may be embodied line 16 in alternative objective land use specifications adopted by a city line 17 or county, and may include, but are not limited to, housing overlay line 18 zones, specific plans, inclusionary zoning ordinances, and density line 19 bonus ordinances, subject to the following:
line 20 (A) A development shall be deemed consistent with the objective line 21 zoning standards related to housing density , as applicable, if the line 22 density proposed is compliant with the maximum density allowed line 23 within that land use designation, notwithstanding an y specified line 24 maximum unit allocation that may result in fewer units of housing line 25 being permitted.
line 26 (B) In the event that objective zoning, general plan, subdivision, line 27 or design re view standards are mutually inconsistent, a line 28 development shall be deemed consistent with the objective zoning line 29 and subdi vision standards pursuant to this subdi vision if the line 30 development is consistent with the standards set forth in the general line 31 plan.
line 32 (C) It is the intent of the Le gislature that the objective zoning line 33 standards, objective subdivision standards, and objecti ve design line 34 review standards described in this paragraph be adopted or line 35 amended in compliance with the requirements of Chapter 905 of line 36 the Statutes of 2004.
line 37 (D) The amendments to this subdivision made by the act adding line 38 this subparagraph do not constitute a change in, but are declaratory line 39 of, existing law.
95 — 44 — SB 6
line 1 (E) A project that satisfies the requirements of Section 65852.23 line 2 shall be deemed consistent with objective zoning standar ds, line 3 objective design standar ds, and objective subdivision standar ds line 4 if the project is consistent with the pr ovisions of subdivision (b) line 5 of Section 65852.23 and if none of the square footage in the project line 6 is designated for hotel, motel, bed and br eakfast inn, or other line 7 transient lodging use, except for a residential hotel. For purposes line 8 of this subdivision, “residential hotel” shall have the same meaning line 9 as defined in Section 50519 of the Health and Safety Code. line 10 (6) The development is not located on a site that is an y of the line 11 following:
line 12 (A) A coastal zone, as defined in Di vision 20 (commencing line 13 with Section 30000) of the Public Resources Code. line 14 (B) Either prime farmland or farmland of statewide importance, line 15 as defined pursuant to United States Department of Agriculture line 16 land inventory and monitoring criteria, as modified for California, line 17 and designated on the maps prepared by the F armland Mapping line 18 and Monitoring Program of the Department of Conserv ation, or line 19 land zoned or designated for agricultural protection or preservation line 20 by a local ballot measure that w as approved by the voters of that line 21 jurisdiction.
line 22 (C) Wetlands, as defined in the United States Fish and Wildlife line 23 Service Manual, Part 660 FW 2 (June 21, 1993).
line 24 (D) Within a very high fire hazard severity zone, as determined line 25 by the Department of F orestry and Fire Protection pursuant to line 26 Section 51178, or within a high or v ery high fire hazard severity line 27 zone as indicated on maps adopted by the Department of Forestry line 28 and Fire Protection pursuant to Section 4202 of the Public line 29 Resources Code. This subparagraph does not apply to sites line 30 excluded from the specified hazard zones by a local agenc y, line 31 pursuant to subdi vision (b) of Section 51179, or sites that ha ve line 32 adopted fire hazard mitig ation measures pursuant to e xisting line 33 building standards or state fire mitigation measures applicable to line 34 the development.
line 35 (E) A hazardous w aste site that is listed pursuant to Section line 36 65962.5 or a hazardous waste site designated by the Department line 37 of Toxic Substances Control pursuant to Section 25356 of the line 38 Health and Safety Code, unless the State Department of Public line 39 Health, State Water Resources Control Board, or Department of 95 SB 6 — 45 —
line 1 Toxic Substances Control has cleared the site for residential use line 2 or residential mixed uses.
line 3 (F) Within a delineated earthquake fault zone as determined by line 4 the State Geologist in an y official maps published by the State line 5 Geologist, unless the development complies with applicable seismic line 6 protection b uilding code standards adopted by the California line 7 Building Standards Commission under the California Building line 8 Standards La w (P art 2.5 (commencing with Section 18901) of line 9 Division 13 of the Health and Safety Code), and by an y local line 10 building department under Chapter 12.2 (commencing with Section line 11 8875) of Division 1 of Title 2.
line 12 (G) Within a special flood hazard area subject to inundation by line 13 the 1 percent annual chance flood (100-year flood) as determined line 14 by the Federal Emer gency Management Agency in an y official line 15 maps published by the Federal Emergency Management Agency. line 16 If a development proponent is able to satisfy all applicable federal line 17 qualifying criteria in order to pro vide that the site satisfies this line 18 subparagraph and is otherwise eligible for streamlined appro val line 19 under this section, a local government shall not deny the application line 20 on the basis that the development proponent did not comply with line 21 any additional permit requirement, standard, or action adopted by line 22 that local government that is applicable to that site. A development line 23 may be located on a site described in this subparagraph if either line 24 of the following are met:
line 25 (i) The site has been subject to a Letter of Map Re vision line 26 prepared by the Federal Emer gency Management Agency and line 27 issued to the local jurisdiction.
line 28 (ii) The site meets Federal Emer gency Management Agency line 29 requirements necessary to meet minimum flood plain management line 30 criteria of the National Flood Insurance Program pursuant to Part line 31 59 (commencing with Section 59.1) and P art 60 (commencing line 32 with Section 60.1) of Subchapter B of Chapter I of Title 44 of the line 33 Code of Federal Regulations.
line 34 (H) Within a regulatory floodway as determined by the Federal line 35 Emergency Management Agency in any official maps published line 36 by the Federal Emer gency Management Agency, unless the line 37 development has recei ved a no-rise certification in accordance line 38 with Section 60.3(d)(3) of Title 44 of the Code of Federal line 39 Regulations. If a de velopment proponent is able to satisfy all line 40 applicable federal qualifying criteria in order to pro vide that the 95 — 46 — SB 6
line 1 site satisfies this subparagraph and is otherwise eligible for line 2 streamlined approval under this section, a local government shall line 3 not den y the application on the basis that the de velopment line 4 proponent did not comply with any additional permit requirement, line 5 standard, or action adopted by that local go vernment that is line 6 applicable to that site.
line 7 (I) Lands identified for conserv ation in an adopted natural line 8 community conservation plan pursuant to the Natural Community line 9 Conservation Planning Act (Chapter 10 (commencing with Section line 10 2800) of Di vision 3 of the Fish and Game Code), habitat line 11 conservation plan pursuant to the federal Endangered Species Act line 12 of 1973 (16 U.S.C. Sec. 1531 et seq.), or other adopted natural line 13 resource protection plan.
line 14 (J) Habitat for protected species identified as candidate, line 15 sensitive, or species of special status by state or federal agencies, line 16 fully protected species, or species protected by the federal line 17 Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), line 18 the California Endangered Species Act (Chapter 1.5 (commencing line 19 with Section 2050) of Division 3 of the Fish and Game Code), or line 20 the Native Plant Protection Act (Chapter 10 (commencing with line 21 Section 1900) of Division 2 of the Fish and Game Code). line 22 (K) Lands under conservation easement.
line 23 (7) The development is not located on a site where an y of the line 24 following apply:
line 25 (A) The de velopment w ould require the demolition of the line 26 following types of housing:
line 27 (i) Housing that is subject to a recorded co venant, ordinance, line 28 or la w that restricts rents to le vels af fordable to persons and line 29 families of moderate, low, or very low income.
line 30 (ii) Housing that is subject to any form of rent or price control line 31 through a public entity’s valid exercise of its police power. line 32 (iii) Housing that has been occupied by tenants within the past line 33 10 years.
line 34 (B) The site was previously used for housing that was occupied line 35 by tenants that w as demolished within 10 years before the line 36 development proponent submits an application under this section. line 37 (C) The development would require the demolition of a historic line 38 structure that w as placed on a national, state, or local historic line 39 register.
95 SB 6 — 47 —
line 1 (D) The property contains housing units that are occupied by line 2 tenants, and units at the property are, or were, subsequently offered line 3 for sale to the general public by the subdivider or subsequent owner line 4 of the property.
line 5 (8) The development proponent has done both of the following, line 6 as applicable:
line 7 (A) Certified to the locality that either of the following is true, line 8 as applicable:
line 9 (i) The entirety of the development is a public work for purposes line 10 of Chapter 1 (commencing with Section 1720) of Part 7 of Division line 11 2 of the Labor Code.
line 12 (ii) If the development is not in its entirety a public w ork, that line 13 all construction w orkers emplo yed in the e xecution of the line 14 development will be paid at least the general prevailing rate of per line 15 diem w ages for the type of w ork and geographic area, as line 16 determined by the Director of Industrial Relations pursuant to line 17 Sections 1773 and 1773.9 of the Labor Code, e xcept that line 18 apprentices registered in programs appro ved by the Chief of the line 19 Division of Apprenticeship Standards may be paid at least the line 20 applicable apprentice prevailing rate. If the development is subject line 21 to this subparagraph, then for those portions of the de velopment line 22 that are not a public work all of the following shall apply:
line 23 (I) The development proponent shall ensure that the prevailing line 24 wage requirement is included in all contracts for the performance line 25 of the work.
line 26 (II) All contractors and subcontractors shall pay to all line 27 construction workers employed in the e xecution of the w ork at line 28 least the general pre vailing rate of per diem w ages, except that line 29 apprentices registered in programs appro ved by the Chief of the line 30 Division of Apprenticeship Standards may be paid at least the line 31 applicable apprentice prevailing rate.
line 32 (III) Except as pro vided in subclause (V), all contractors and line 33 subcontractors shall maintain and verify payroll records pursuant line 34 to Section 1776 of the Labor Code and mak e those records line 35 available for inspection and copying as provided therein. line 36 (IV) Except as provided in subclause (V), the obligation of the line 37 contractors and subcontractors to pay pre vailing wages may be line 38 enforced by the Labor Commissioner through the issuance of a line 39 civil wage and penalty assessment pursuant to Section 1741 of the line 40 Labor Code, which may be reviewed pursuant to Section 1742 of 95 — 48 — SB 6
line 1 the Labor Code, within 18 months after the completion of the line 2 development, by an underpaid w orker through an administrati ve line 3 complaint or ci vil action, or by a joint labor -management line 4 committee through a civil action under Section 1771.2 of the Labor line 5 Code. If a ci vil w age and penalty assessment is issued, the line 6 contractor, subcontractor, and surety on a bond or bonds issued to line 7 secure the payment of wages covered by the assessment shall be line 8 liable for liquidated damages pursuant to Section 1742.1 of the line 9 Labor Code.
line 10 (V) Subclauses (III) and (IV) shall not apply if all contractors line 11 and subcontractors performing work on the development are subject line 12 to a project labor agreement that requires the payment of prevailing line 13 wages to all construction w orkers employed in the e xecution of line 14 the development and provides for enforcement of that oblig ation line 15 through an arbitration procedure. F or purposes of this clause, line 16 “project labor agreement” has the same meaning as set forth in line 17 paragraph (1) of subdi vision (b) of Section 2500 of the Public line 18 Contract Code.
line 19 (VI) Notwithstanding subdivision (c) of Section 1773.1 of the line 20 Labor Code, the requirement that employer payments not reduce line 21 the obligation to pay the hourly straight time or o vertime wages line 22 found to be prevailing shall not apply if otherwise pro vided in a line 23 bona fide collecti ve bargaining agreement co vering the w orker. line 24 The requirement to pay at least the general pre vailing rate of per line 25 diem w ages does not preclude use of an alternati ve w orkweek line 26 schedule adopted pursuant to Section 511 or 514 of the Labor line 27 Code.
line 28 (B) (i) For de velopments for which an y of the follo wing line 29 conditions apply, certified that a skilled and trained w orkforce line 30 shall be used to complete the de velopment if the application is line 31 approved:
line 32 (I) On and after January 1, 2018, until December 31, 2021, the line 33 development consists of 75 or more units with a residential line 34 component that is not 100 percent subsidized af fordable housing line 35 and will be located within a jurisdiction located in a coastal or bay line 36 county with a population of 225,000 or more.
line 37 (II) On and after January 1, 2022, until December 31, 2025, the line 38 development consists of 50 or more units with a residential line 39 component that is not 100 percent subsidized af fordable housing 95 SB 6 — 49 —
line 1 and will be located within a jurisdiction located in a coastal or bay line 2 county with a population of 225,000 or more.
line 3 (III) On and after January 1, 2018, until December 31, 2019, line 4 the development consists of 75 or more units with a residential line 5 component that is not 100 percent subsidized af fordable housing line 6 and will be located within a jurisdiction with a population of fewer line 7 than 550,000 and that is not located in a coastal or bay county. line 8 (IV) On and after January 1, 2020, until December 31, 2021, line 9 the development consists of more than 50 units with a residential line 10 component that is not 100 percent subsidized af fordable housing line 11 and will be located within a jurisdiction with a population of fewer line 12 than 550,000 and that is not located in a coastal or bay county. line 13 (V) On and after January 1, 2022, until December 31, 2025, the line 14 development consists of more than 25 units with a residential line 15 component that is not 100 percent subsidized af fordable housing line 16 and will be located within a jurisdiction with a population of fewer line 17 than 550,000 and that is not located in a coastal or bay county. line 18 (ii) For purposes of this section, “skilled and trained workforce” line 19 has the same meaning as pro vided in Chapter 2.9 (commencing line 20 with Section 2600) of Part 1 of Division 2 of the Public Contract line 21 Code.
line 22 (iii) If the de velopment proponent has certified that a skilled line 23 and trained workforce will be used to complete the de velopment line 24 and the application is approved, the following shall apply:
line 25 (I) The applicant shall require in all contracts for the line 26 performance of w ork that e very contractor and subcontractor at line 27 every tier will individually use a skilled and trained workforce to line 28 complete the development.
line 29 (II) Every contractor and subcontractor shall use a skilled and line 30 trained workforce to complete the development.
line 31 (III) Except as provided in subclause (IV), the applicant shall line 32 provide to the locality, on a monthly basis while the development line 33 or contract is being performed, a report demonstrating compliance line 34 with Chapter 2.9 (commencing with Section 2600) of P art 1 of line 35 Division 2 of the Public Contract Code. A monthly report provided line 36 to the locality pursuant to this subclause shall be a public record line 37 under the California Public Records Act (Chapter 3.5 (commencing line 38 with Section 6250) of Division 7 of Title 1) and shall be open to line 39 public inspection. An applicant that f ails to pro vide a monthly line 40 report demonstrating compliance with Chapter 2.9 (commencing 95 — 50 — SB 6
line 1 with Section 2600) of Part 1 of Division 2 of the Public Contract line 2 Code shall be subject to a ci vil penalty of ten thousand dollars line 3 ($10,000) per month for each month for which the report has not line 4 been provided. Any contractor or subcontractor that fails to use a line 5 skilled and trained workforce shall be subject to a civil penalty of line 6 two hundred dollars ($200) per day for each worker employed in line 7 contravention of the skilled and trained w orkforce requirement. line 8 Penalties may be assessed by the Labor Commissioner within 18 line 9 months of completion of the de velopment using the same line 10 procedures for issuance of ci vil w age and penalty assessments line 11 pursuant to Section 1741 of the Labor Code, and may be reviewed line 12 pursuant to the same procedures in Section 1742 of the Labor line 13 Code. Penalties shall be paid to the State Public Works line 14 Enforcement Fund.
line 15 (IV) Subclause (III) shall not apply if all contractors and line 16 subcontractors performing work on the de velopment are subject line 17 to a project labor agreement that requires compliance with the line 18 skilled and trained w orkforce requirement and pro vides for line 19 enforcement of that oblig ation through an arbitration procedure. line 20 For purposes of this subparagraph, “project labor agreement” has line 21 the same meaning as set forth in paragraph (1) of subdivision (b) line 22 of Section 2500 of the Public Contract Code.
line 23 (C) Notwithstanding subparagraphs (A) and (B), a development line 24 that is subject to approval pursuant to this section is exempt from line 25 any requirement to pay pre vailing w ages or use a skilled and line 26 trained workforce if it meets both of the following:
line 27 (i) The project includes 10 or fewer units.
line 28 (ii) The project is not a public work for purposes of Chapter 1 line 29 (commencing with Section 1720) of P art 7 of Di vision 2 of the line 30 Labor Code.
line 31 (9) The development did not or does not involve a subdivision line 32 of a parcel that is, or, notwithstanding this section, would otherwise line 33 be, subject to the Subdivision Map Act (Division 2 (commencing line 34 with Section 66410)) or any other applicable law authorizing the line 35 subdivision of land, unless the development is consistent with all line 36 objective subdivision standards in the local subdivision ordinance, line 37 and either of the following apply:
line 38 (A) The development has received or will receive financing or line 39 funding by means of a low-income housing tax credit and is subject 95 SB 6 — 51 —
line 1 to the requirement that pre vailing w ages be paid pursuant to line 2 subparagraph (A) of paragraph (8).
line 3 (B) The de velopment is subject to the requirement that line 4 prevailing wages be paid, and a skilled and trained workforce used, line 5 pursuant to paragraph (8).
line 6 (10) The development shall not be upon an e xisting parcel of line 7 land or site that is governed under the Mobilehome Residency Law line 8 (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2 line 9 of Division 2 of the Ci vil Code), the Recreational Vehicle Park line 10 Occupancy Law (Chapter 2.6 (commencing with Section 799.20) line 11 of Title 2 of P art 2 of Di vision 2 of the Ci vil Code), the line 12 Mobilehome Parks Act (Part 2.1 (commencing with Section 18200) line 13 of Division 13 of the Health and Safety Code), or the Special line 14 Occupancy Parks Act (Part 2.3 (commencing with Section 18860) line 15 of Division 13 of the Health and Safety Code).
line 16 (b) (1) (A) (i) Before submitting an application for a line 17 development subject to the streamlined, ministerial appro val line 18 process described in subdivision (c), the development proponent line 19 shall submit to the local government a notice of its intent to submit line 20 an application. The notice of intent shall be in the form of a line 21 preliminary application that includes all of the information line 22 described in Section 65941.1, as that section read on January 1, line 23 2020.
line 24 (ii) Upon receipt of a notice of intent to submit an application line 25 described in clause (i), the local go vernment shall eng age in a line 26 scoping consultation re garding the proposed de velopment with line 27 any California Nati ve American tribe that is traditionally and line 28 culturally affiliated with the geographic area, as described in line 29 Section 21080.3.1 of the Public Resources Code, of the proposed line 30 development. In order to expedite compliance with this subdivision, line 31 the local government shall contact the Native American Heritage line 32 Commission for assistance in identifying an y California Nati ve line 33 American tribe that is traditionally and culturally affiliated with line 34 the geographic area of the proposed development. line 35 (iii) The timeline for noticing and commencing a scoping line 36 consultation in accordance with this subdivision shall be as follows:
line 37 (I) The local go vernment shall pro vide a formal notice of a line 38 development proponent’s notice of intent to submit an application line 39 described in clause (i) to each California Nati ve American tribe line 40 that is traditionally and culturally affiliated with the geographic 95 — 52 — SB 6
line 1 area of the proposed development within 30 days of receiving that line 2 notice of intent. The formal notice pro vided pursuant to this line 3 subclause shall include all of the following:
line 4 (ia) A description of the proposed development. line 5 (ib) The location of the proposed development.
line 6 (ic) An in vitation to eng age in a scoping consultation in line 7 accordance with this subdivision.
line 8 (II) Each California Native American tribe that receives a formal line 9 notice pursuant to this clause shall have 30 days from the receipt line 10 of that notice to accept the in vitation to eng age in a scoping line 11 consultation.
line 12 (III) If the local go vernment receives a response accepting an line 13 invitation to eng age in a scoping consultation pursuant to this line 14 subdivision, the local go vernment shall commence the scoping line 15 consultation within 30 days of receiving that response. line 16 (B) The scoping consultation shall recognize that California line 17 Native American tribes traditionally and culturally affiliated with line 18 a geographic area ha ve knowledge and expertise concerning the line 19 resources at issue and shall tak e into account the cultural line 20 significance of the resource to the culturally affiliated California line 21 Native American tribe.
line 22 (C) The parties to a scoping consultation conducted pursuant line 23 to this subdivision shall be the local government and any California line 24 Native American tribe traditionally and culturally affiliated with line 25 the geographic area of the proposed development. More than one line 26 California Nati ve American tribe traditionally and culturally line 27 affiliated with the geographic area of the proposed de velopment line 28 may participate in the scoping consultation. Ho wever, the local line 29 government, upon the request of any California Native American line 30 tribe traditionally and culturally affiliated with the geographic area line 31 of the proposed development, shall engage in a separate scoping line 32 consultation with that California Nati ve American tribe. The line 33 development proponent and its consultants may participate in a line 34 scoping consultation process conducted pursuant to this subdivision line 35 if all of the following conditions are met:
line 36 (i) The de velopment proponent and its consultants agree to line 37 respect the principles set forth in this subdivision. line 38 (ii) The development proponent and its consultants eng age in line 39 the scoping consultation in good faith.
95 SB 6 — 53 —
line 1 (iii) The California Native American tribe participating in the line 2 scoping consultation approves the participation of the development line 3 proponent and its consultants. The California Nati ve American line 4 tribe may rescind its appro val at an y time during the scoping line 5 consultation, either for the duration of the scoping consultation or line 6 with respect to an y particular meeting or discussion held as part line 7 of the scoping consultation.
line 8 (D) The participants to a scoping consultation pursuant to this line 9 subdivision shall comply with all of the following confidentiality line 10 requirements:
line 11 (i) Subdivision (r) of Section 6254.
line 12 (ii) Section 6254.10.
line 13 (iii) Subdivision (c) of Section 21082.3 of the Public Resources line 14 Code.
line 15 (iv) Subdivision (d) of Section 15120 of Title 14 of the line 16 California Code of Regulations.
line 17 (v) Any additional confidentiality standards adopted by the line 18 California Nati ve American tribe participating in the scoping line 19 consultation.
line 20 (E) The California En vironmental Quality Act (Di vision 13 line 21 (commencing with Section 21000) of the Public Resources Code) line 22 shall not apply to a scoping consultation conducted pursuant to line 23 this subdivision.
line 24 (2) (A) If, after concluding the scoping consultation, the parties line 25 find that no potential tribal cultural resource would be affected by line 26 the proposed development, the development proponent may submit line 27 an application for the proposed development that is subject to the line 28 streamlined, ministerial approval process described in subdivision line 29 (c).
line 30 (B) If, after concluding the scoping consultation, the parties line 31 find that a potential tribal cultural resource could be af fected by line 32 the proposed de velopment and an enforceable agreement is line 33 documented between the California Native American tribe and the line 34 local government on methods, measures, and conditions for tribal line 35 cultural resource treatment, the development proponent may submit line 36 the application for a de velopment subject to the streamlined, line 37 ministerial approval process described in subdivision (c). The local line 38 government shall ensure that the enforceable agreement is included line 39 in the requirements and conditions for the proposed development. 95 — 54 — SB 6
line 1 (C) If, after concluding the scoping consultation, the parties line 2 find that a potential tribal cultural resource could be af fected by line 3 the proposed de velopment and an enforceable agreement is not line 4 documented between the California Native American tribe and the line 5 local government regarding methods, measures, and conditions line 6 for tribal cultural resource treatment, the de velopment shall not line 7 be eligible for the streamlined, ministerial appro val process line 8 described in subdivision (c).
line 9 (D) For purposes of this paragraph, a scoping consultation shall line 10 be deemed to be concluded if either of the following occur:
line 11 (i) The parties to the scoping consultation document an line 12 enforceable agreement concerning methods, measures, and line 13 conditions to avoid or address potential impacts to tribal cultural line 14 resources that are or may be present.
line 15 (ii) One or more parties to the scoping consultation, acting in line 16 good f aith and after reasonable ef fort, conclude that a mutual line 17 agreement on methods, measures, and conditions to a void or line 18 address impacts to tribal cultural resources that are or may be line 19 present cannot be reached.
line 20 (E) If the de velopment or en vironmental setting substantially line 21 changes after the completion of the scoping consultation, the local line 22 government shall notify the California Nati ve American tribe of line 23 the changes and eng age in a subsequent scoping consultation if line 24 requested by the California Native American tribe. line 25 (3) A local go vernment may only accept an application for line 26 streamlined, ministerial approval pursuant to this section if one of line 27 the following applies:
line 28 (A) A California Native American tribe that received a formal line 29 notice of the development proponent’s notice of intent to submit line 30 an application pursuant to subclause (I) of clause (iii) of line 31 subparagraph (A) of paragraph (1) did not accept the invitation to line 32 engage in a scoping consultation.
line 33 (B) The California Native American tribe accepted an invitation line 34 to engage in a scoping consultation pursuant to subclause (II) of line 35 clause (iii) of subparagraph (A) of paragraph (1) but substantially line 36 failed to eng age in the scoping consultation after repeated line 37 documented attempts by the local go vernment to eng age the line 38 California Native American tribe.
line 39 (C) The parties to a scoping consultation pursuant to this line 40 subdivision find that no potential tribal cultural resource will be 95 SB 6 — 55 —
line 1 affected by the proposed de velopment pursuant to subparagraph line 2 (A) of paragraph (2).
line 3 (D) A scoping consultation between a California Nati ve line 4 American tribe and the local go vernment has occurred in line 5 accordance with this subdi vision and resulted in agreement line 6 pursuant to subparagraph (B) of paragraph (2).
line 7 (4) A project shall not be eligible for the streamlined, ministerial line 8 process described in subdivision (c) if any of the following apply:
line 9 (A) There is a tribal cultural resource that is on a national, state, line 10 tribal, or local historic register list located on the site of the project. line 11 (B) There is a potential tribal cultural resource that could be line 12 affected by the proposed development and the parties to a scoping line 13 consultation conducted pursuant to this subdi vision do not line 14 document an enforceable agreement on methods, measures, and line 15 conditions for tribal cultural resource treatment, as described in line 16 subparagraph (C) of paragraph (2).
line 17 (C) The parties to a scoping consultation conducted pursuant line 18 to this subdi vision do not agree as to whether a potential tribal line 19 cultural resource will be affected by the proposed development. line 20 (5) (A) If, after a scoping consultation conducted pursuant to line 21 this subdi vision, a project is not eligible for the streamlined, line 22 ministerial process described in subdi vision (c) for an y or all of line 23 the following reasons, the local government shall provide written line 24 documentation of that f act, and an e xplanation of the reason for line 25 which the project is not eligible, to the de velopment proponent line 26 and to any California Native American tribe that is a party to that line 27 scoping consultation:
line 28 (i) There is a tribal cultural resource that is on a national, state, line 29 tribal, or local historic register list located on the site of the project, line 30 as described in subparagraph (A) of paragraph (4). line 31 (ii) The parties to the scoping consultation have not documented line 32 an enforceable agreement on methods, measures, and conditions line 33 for tribal cultural resource treatment, as described in subparagraph line 34 (C) of paragraph (2) and subparagraph (B) of paragraph (4). line 35 (iii) The parties to the scoping consultation do not agree as to line 36 whether a potential tribal cultural resource will be affected by the line 37 proposed de velopment, as described in subparagraph (C) of line 38 paragraph (4).
line 39 (B) The written documentation pro vided to a de velopment line 40 proponent pursuant to this paragraph shall include information on 95 — 56 — SB 6
line 1 how the development proponent may seek a conditional use permit line 2 or other discretionary approval of the development from the local line 3 government.
line 4 (6) This section is not intended, and shall not be construed, to line 5 limit consultation and discussion between a local government and line 6 a California Nati ve American tribe pursuant to other applicable line 7 law, confidentiality pro visions under other applicable la w, the line 8 protection of religious exercise to the fullest extent permitted under line 9 state and federal law, or the ability of a California Native American line 10 tribe to submit information to the local government or participate line 11 in any process of the local government.
line 12 (7) For purposes of this subdivision:
line 13 (A) “Consultation” means the meaningful and timely process line 14 of seeking, discussing, and considering carefully the vie ws of line 15 others, in a manner that is cognizant of all parties’ cultural values line 16 and, where feasible, seeking agreement. Consultation between line 17 local governments and Native American tribes shall be conducted line 18 in a w ay that is mutually respectful of each party’ s sovereignty. line 19 Consultation shall also recognize the tribes’ potential needs for line 20 confidentiality with respect to places that ha ve traditional tribal line 21 cultural importance. A lead agenc y shall consult the tribal line 22 consultation best practices described in the “State of California line 23 Tribal Consultation Guidelines: Supplement to the General Plan line 24 Guidelines” prepared by the Office of Planning and Research. line 25 (B) “Scoping” means the act of participating in early discussions line 26 or in vestigations between the local go vernment and California line 27 Native American tribe, and the de velopment proponent if line 28 authorized by the California Native American tribe, regarding the line 29 potential effects a proposed development could have on a potential line 30 tribal cultural resource, as defined in Section 21074 of the Public line 31 Resources Code, or California Native American tribe, as defined line 32 in Section 21073 of the Public Resources Code.
line 33 (8) This subdivision shall not apply to any project that has been line 34 approved under the streamlined, ministerial appro val process line 35 provided under this section before the ef fective date of the act line 36 adding this subdivision.
line 37 (c) (1) If a local go vernment determines that a de velopment line 38 submitted pursuant to this section is in conflict with an y of the line 39 objective planning standards specified in subdi vision (a), it shall line 40 provide the de velopment proponent written documentation of 95 SB 6 — 57 —
line 1 which standard or standards the de velopment conflicts with, and line 2 an explanation for the reason or reasons the development conflicts line 3 with that standard or standards, as follows:
line 4 (A) Within 60 days of submittal of the development to the local line 5 government pursuant to this section if the de velopment contains line 6 150 or fewer housing units.
line 7 (B) Within 90 days of submittal of the development to the local line 8 government pursuant to this section if the de velopment contains line 9 more than 150 housing units.
line 10 (2) If the local go vernment f ails to pro vide the required line 11 documentation pursuant to paragraph (1), the de velopment shall line 12 be deemed to satisfy the objective planning standards specified in line 13 subdivision (a).
line 14 (3) For purposes of this section, a de velopment is consistent line 15 with the objective planning standards specified in subdivision (a) line 16 if there is substantial evidence that would allow a reasonable person line 17 to conclude that the development is consistent with the objective line 18 planning standards.
line 19 (d) (1) Any design re view or public o versight of the line 20 development may be conducted by the local government’s planning line 21 commission or an y equivalent board or commission responsible line 22 for review and approval of development projects, or the city council line 23 or board of supervisors, as appropriate. That design re view or line 24 public o versight shall be objecti ve and be strictly focused on line 25 assessing compliance with criteria required for streamlined projects, line 26 as well as an y reasonable objecti ve design standards published line 27 and adopted by ordinance or resolution by a local jurisdiction line 28 before submission of a de velopment application, and shall be line 29 broadly applicable to de velopment within the jurisdiction. That line 30 design review or public o versight shall be completed as follo ws line 31 and shall not in any way inhibit, chill, or preclude the ministerial line 32 approval provided by this section or its effect, as applicable:
line 33 (A) Within 90 days of submittal of the development to the local line 34 government pursuant to this section if the de velopment contains line 35 150 or fewer housing units.
line 36 (B) Within 180 days of submittal of the de velopment to the line 37 local go vernment pursuant to this section if the de velopment line 38 contains more than 150 housing units.
line 39 (2) If the de velopment is consistent with the requirements of line 40 subparagraph (A) or (B) of paragraph (9) of subdi vision (a) and 95 — 58 — SB 6
line 1 is consistent with all objecti ve subdivision standards in the local line 2 subdivision ordinance, an application for a subdi vision pursuant line 3 to the Subdivision Map Act (Division 2 (commencing with Section line 4 66410)) shall be exempt from the requirements of the California line 5 Environmental Quality Act (Division 13 (commencing with Section line 6 21000) of the Public Resources Code) and shall be subject to the line 7 public oversight timelines set forth in paragraph (1). line 8 (e) (1) Notwithstanding an y other la w, a local go vernment, line 9 whether or not it has adopted an ordinance governing automobile line 10 parking requirements in multif amily de velopments, shall not line 11 impose automobile parking standards for a streamlined line 12 development that was approved pursuant to this section in any of line 13 the following instances:
line 14 (A) The development is located within one-half mile of public line 15 transit.
line 16 (B) The development is located within an architecturally and line 17 historically significant historic district.
line 18 (C) When on-street parking permits are required but not offered line 19 to the occupants of the development.
line 20 (D) When there is a car share vehicle located within one block line 21 of the development.
line 22 (2) If the development does not fall within any of the categories line 23 described in paragraph (1), the local government shall not impose line 24 automobile parking requirements for streamlined de velopments line 25 approved pursuant to this section that e xceed one parking space line 26 per unit.
line 27 (f) (1) If a local government approves a development pursuant line 28 to this section, then, notwithstanding any other law, that approval line 29 shall not e xpire if the project satisfies both of the follo wing line 30 requirements:
line 31 (A) The project includes public in vestment in housing line 32 affordability, beyond tax credits.
line 33 (B) At least 50 percent of the units are affordable to households line 34 making at or below 80 percent of the area median income. line 35 (2) (A) If a local government approves a development pursuant line 36 to this section, and the project does not satisfy the requirements line 37 of subparagraphs (A) and (B) of paragraph (1), that approval shall line 38 remain v alid for three years from the date of the final action line 39 establishing that approval, or if litigation is filed challenging that line 40 approval, from the date of the final judgment upholding that 95 SB 6 — 59 —
line 1 approval. Approval shall remain v alid for a project pro vided line 2 construction activity, including demolition and grading acti vity, line 3 on the development site has begun pursuant to a permit issued by line 4 the local jurisdiction and is in progress. F or purposes of this line 5 subdivision, “in progress” means one of the following:
line 6 (i) The construction has begun and has not ceased for more than line 7 180 days.
line 8 (ii) If the de velopment requires multiple b uilding permits, an line 9 initial phase has been completed, and the project proponent has line 10 applied for and is diligently pursuing a b uilding permit for a line 11 subsequent phase, pro vided that once it has been issued, the line 12 building permit for the subsequent phase does not lapse. line 13 (B) Notwithstanding subparagraph (A), a local government may line 14 grant a project a one-time, one-year e xtension if the project line 15 proponent can pro vide documentation that there has been line 16 significant progress toward getting the development construction line 17 ready, such as filing a building permit application. line 18 (3) If the de velopment proponent requests a modification line 19 pursuant to subdivision (g), then the time during which the approval line 20 shall remain v alid shall be e xtended for the number of days line 21 between the submittal of a modification request and the date of its line 22 final approval, plus an additional 180 days to allow time to obtain line 23 a building permit. If litigation is filed relating to the modification line 24 request, the time shall be further extended during the pendency of line 25 the litigation. The extension required by this paragraph shall only line 26 apply to the first request for a modification submitted by the line 27 development proponent.
line 28 (4) The amendments made to this subdi vision by the act that line 29 added this paragraph shall also be retroacti vely applied to line 30 developments approved prior to January 1, 2022. line 31 (g) (1) (A) A de velopment proponent may request a line 32 modification to a development that has been appro ved under the line 33 streamlined, ministerial approval process provided in subdivision line 34 (c) if that request is submitted to the local government before the line 35 issuance of the final building permit required for construction of line 36 the development.
line 37 (B) Except as provided in paragraph (3), the local government line 38 shall approve a modification if it determines that the modification line 39 is consistent with the objecti ve planning standards specified in 95 — 60 — SB 6
line 1 subdivision (a) that were in effect when the original development line 2 application was first submitted.
line 3 (C) The local go vernment shall e valuate an y modifications line 4 requested pursuant to this subdi vision for consistenc y with the line 5 objective planning standards using the same assumptions and line 6 analytical methodology that the local government originally used line 7 to assess consistency for the de velopment that was approved for line 8 streamlined, ministerial approval pursuant to subdivision (c). line 9 (D) A guideline that was adopted or amended by the department line 10 pursuant to subdi vision ( l) after a de velopment w as appro ved line 11 through the streamlined, ministerial approval process described in line 12 subdivision (c) shall not be used as a basis to den y proposed line 13 modifications.
line 14 (2) Upon receipt of the de velopment proponent’s application line 15 requesting a modification, the local go vernment shall determine line 16 if the requested modification is consistent with the objecti ve line 17 planning standard and either appro ve or den y the modification line 18 request within 60 days after submission of the modification, or line 19 within 90 days if design review is required.
line 20 (3) Notwithstanding paragraph (1), the local go vernment may line 21 apply objective planning standards adopted after the development line 22 application was first submitted to the requested modification in line 23 any of the following instances:
line 24 (A) The development is revised such that the total number of line 25 residential units or total square footage of construction changes line 26 by 15 percent or more. The calculation of the square footage of line 27 construction changes shall not include underground space. line 28 (B) The development is revised such that the total number of line 29 residential units or total square footage of construction changes line 30 by 5 percent or more and it is necessary to subject the development line 31 to an objecti ve standard be yond those in ef fect when the line 32 development application w as submitted in order to mitig ate or line 33 avoid a specific, adv erse impact, as that term is defined in line 34 subparagraph (A) of paragraph (1) of subdi vision (j) of Section line 35 65589.5, upon the public health or safety and there is no feasible line 36 alternative method to satisfactorily mitigate or avoid the adverse line 37 impact. The calculation of the square footage of construction line 38 changes shall not include underground space.
line 39 (C) (i) Objective building standards contained in the California line 40 Building Standards Code (T itle 24 of the California Code of 95 SB 6 — 61 —
line 1 Regulations), including, b ut not limited to, b uilding plumbing, line 2 electrical, fire, and grading codes, may be applied to all line 3 modification applications that are submitted prior to the first line 4 building permit application. Those standards may be applied to line 5 modification applications submitted after the first building permit line 6 application if agreed to by the development proponent. line 7 (ii) The amendments made to clause (i) by the act that added line 8 clause (i) shall also be retroacti vely applied to modification line 9 applications submitted prior to January 1, 2022. line 10 (4) The local go vernment’s review of a modification request line 11 pursuant to this subdivision shall be strictly limited to determining line 12 whether the modification, including any modification to previously line 13 approved density bonus concessions or w aivers, modify the line 14 development’s consistency with the objective planning standards line 15 and shall not reconsider prior determinations that are not affected line 16 by the modification.
line 17 (h) (1) A local go vernment shall not adopt or impose an y line 18 requirement, including, b ut not limited to, increased fees or line 19 inclusionary housing requirements, that applies to a project solely line 20 or partially on the basis that the project is eligible to recei ve line 21 ministerial or streamlined approval pursuant to this section. line 22 (2) (A) A local go vernment shall issue a subsequent permit line 23 required for a de velopment appro ved under this section if the line 24 application substantially complies with the development as it was line 25 approved pursuant to subdi vision (c). Upon receipt of an line 26 application for a subsequent permit, the local go vernment shall line 27 process the permit without unreasonable delay and shall not impose line 28 any procedure or requirement that is not imposed on projects that line 29 are not approved pursuant to this section. The local government line 30 shall consider the application for subsequent permits based upon line 31 the objective standards specified in an y state or local la ws that line 32 were in ef fect when the original de velopment application w as line 33 submitted, unless the development proponent agrees to a change line 34 in objecti ve standards. Issuance of subsequent permits shall line 35 implement the appro ved development, and re view of the permit line 36 application shall not inhibit, chill, or preclude the de velopment. line 37 For purposes of this paragraph, a “subsequent permit” means a line 38 permit required subsequent to receiving approval under subdivision line 39 (c), and includes, b ut is not limited to, demolition, grading, line 40 encroachment, and building permits and final maps, if necessary. 95 — 62 — SB 6
line 1 (B) The amendments made to subparagraph (A) by the act that line 2 added this subparagraph shall also be retroacti vely applied to line 3 subsequent permit applications submitted prior to January 1, 2022. line 4 (3) (A) If a public impro vement is necessary to implement a line 5 development that is subject to the streamlined, ministerial approval line 6 pursuant to this section, including, b ut not limited to, a bic ycle line 7 lane, sidewalk or w alkway, public transit stop, dri veway, street line 8 paving or overlay, a curb or gutter, a modified intersection, a street line 9 sign or street light, landscape or hardscape, an abo ve-ground or line 10 underground utility connection, a w ater line, fire h ydrant, storm line 11 or sanitary sewer connection, retaining wall, and any related work, line 12 and that public improvement is located on land owned by the local line 13 government, to the e xtent that the public impro vement requires line 14 approval from the local go vernment, the local go vernment shall line 15 not exercise its discretion over any approval relating to the public line 16 improvement in a manner that would inhibit, chill, or preclude the line 17 development.
line 18 (B) If an application for a public impro vement described in line 19 subparagraph (A) is submitted to a local go vernment, the local line 20 government shall do all of the following:
line 21 (i) Consider the application based upon any objective standards line 22 specified in an y state or local la ws that were in ef fect when the line 23 original development application was submitted. line 24 (ii) Conduct its review and approval in the same manner as it line 25 would evaluate the public impro vement if required by a project line 26 that is not eligible to recei ve ministerial or streamlined appro val line 27 pursuant to this section.
line 28 (C) If an application for a public impro vement described in line 29 subparagraph (A) is submitted to a local go vernment, the local line 30 government shall not do either of the following:
line 31 (i) Adopt or impose an y requirement that applies to a project line 32 solely or partially on the basis that the project is eligible to receive line 33 ministerial or streamlined approval pursuant to this section. line 34 (ii) Unreasonably delay in its consideration, review, or approval line 35 of the application.
line 36 (i) (1) This section shall not affect a development proponent’s line 37 ability to use any alternative streamlined by right permit processing line 38 adopted by a local go vernment, including the pro visions of line 39 subdivision (i) of Section 65583.2.
95 SB 6 — 63 —
line 1 (2) This section shall not pre vent a de velopment from also line 2 qualifying as a housing de velopment project entitled to the line 3 protections of Section 65589.5. This paragraph does not constitute line 4 a change in, but is declaratory of, existing law. line 5 (j) The California En vironmental Quality Act (Di vision 13 line 6 (commencing with Section 21000) of the Public Resources Code) line 7 does not apply to actions taken by a state agency, local government, line 8 or the San Francisco Bay Area Rapid Transit District to:
line 9 (1) Lease, con vey, or encumber land o wned by the local line 10 government or the San Francisco Bay Area Rapid Transit District line 11 or to f acilitate the lease, con veyance, or encumbrance of land line 12 owned by the local government, or for the lease of land owned by line 13 the San Francisco Bay Area Rapid Transit District in association line 14 with an eligible TOD project, as defined pursuant to Section line 15 29010.1 of the Public Utilities Code, nor to an y decisions line 16 associated with that lease, or to pro vide financial assistance to a line 17 development that recei ves streamlined appro val pursuant to this line 18 section that is to be used for housing for persons and f amilies of line 19 very low, low, or moderate income, as defined in Section 50093 line 20 of the Health and Safety Code.
line 21 (2) Approve improvements located on land owned by the local line 22 government or the San Francisco Bay Area Rapid Transit District line 23 that are necessary to implement a de velopment that recei ves line 24 streamlined approval pursuant to this section that is to be used for line 25 housing for persons and f amilies of v ery low, low, or moderate line 26 income, as defined in Section 50093 of the Health and Safety Code. line 27 (k) For purposes of this section, the follo wing terms have the line 28 following meanings:
line 29 (1) “Affordable housing cost” has the same meaning as set forth line 30 in Section 50052.5 of the Health and Safety Code. line 31 (2) (A) Subject to the qualification provided by subparagraph line 32 (B), “affordable rent” has the same meaning as set forth in Section line 33 50053 of the Health and Safety Code.
line 34 (B) For a development for which an application pursuant to this line 35 section was submitted prior to January 1, 2019, that includes 500 line 36 units or more of housing, and that dedicates 50 percent of the total line 37 number of units to housing af fordable to households making at, line 38 or below, 80 percent of the area median income, af fordable rent line 39 for at least 30 percent of these units shall be set at an af fordable line 40 rent as defined in subparagraph (A) and “affordable rent” for the 95 — 64 — SB 6
line 1 remainder of these units shall mean a rent that is consistent with line 2 the maximum rent levels for a housing development that receives line 3 an allocation of state or federal lo w-income housing tax credits line 4 from the California Tax Credit Allocation Committee. line 5 (3) “Department” means the Department of Housing and line 6 Community Development.
line 7 (4) “Development proponent” means the developer who submits line 8 an application for streamlined approval pursuant to this section. line 9 (5) “Completed entitlements” means a housing de velopment line 10 that has received all the required land use approvals or entitlements line 11 necessary for the issuance of a building permit. line 12 (6) “Locality” or “local government” means a city, including a line 13 charter city, a county , including a charter county , or a city and line 14 county, including a charter city and county.
line 15 (7) “Moderate income housing units” means housing units with line 16 an af fordable housing cost or af fordable rent for persons and line 17 families of moderate income, as that term is defined in Section line 18 50093 of the Health and Safety Code.
line 19 (8) “Production report” means the information reported pursuant line 20 to subparagraph (H) of paragraph (2) of subdivision (a) of Section line 21 65400.
line 22 (9) “State agenc y” includes e very state office, officer , line 23 department, division, bureau, board, and commission, but does not line 24 include the California State Uni versity or the Uni versity of line 25 California.
line 26 (10) “Subsidized” means units that are price or rent restricted line 27 such that the units are af fordable to households meeting the line 28 definitions of very low and lower income, as defined in Sections line 29 50079.5 and 50105 of the Health and Safety Code. line 30 (11) “Reporting period” means either of the following:
line 31 (A) The first half of the re gional housing needs assessment line 32 cycle.
line 33 (B) The last half of the regional housing needs assessment cycle. line 34 (12) “Urban uses” means an y current or former residential, line 35 commercial, public institutional, transit or transportation passenger line 36 facility, or retail use, or any combination of those uses. line 37 (l) The department may re view, adopt, amend, and repeal line 38 guidelines to implement uniform standards or criteria that line 39 supplement or clarify the terms, references, or standards set forth line 40 in this section. Any guidelines or terms adopted pursuant to this 95 SB 6 — 65 —
line 1 subdivision shall not be subject to Chapter 3.5 (commencing with line 2 Section 11340) of Part 1 of Division 3 of Title 2 of the Government line 3 Code.
line 4 (m) The determination of whether an application for a line 5 development is subject to the streamlined ministerial appro val line 6 process provided by subdivision (c) is not a “project” as defined line 7 in Section 21065 of the Public Resources Code.
line 8 (n) It is the polic y of the state that this section be interpreted line 9 and implemented in a manner to afford the fullest possible weight line 10 to the interest of, and the appro val and pro vision of, increased line 11 housing supply.
line 12 (o) This section shall remain in effect only until January 1, 2026, line 13 and as of that date is repealed.
line 14 SEC. 4.
line 15 SEC. 3. No reimbursement is required by this act pursuant to line 16 Section 6 of Article XIIIB of the California Constitution because line 17 a local agency or school district has the authority to le vy service line 18 charges, fees, or assessments sufficient to pay for the program or line 19 level of service mandated by this act or because costs that may be line 20 incurred by a local agenc y or school district will be incurred line 21 because this act creates a ne w crime or infraction, eliminates a line 22 crime or infraction, or changes the penalty for a crime or infraction, line 23 within the meaning of Section 17556 of the Government Code, or line 24 changes the definition of a crime within the meaning of Section 6 line 25 of Article XIII B of the California Constitution.
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95 — 66 — SB 6