Monte Sereno City Council
August 16, 2022

AGENDA
City of Monte Sereno
Tuesday, August 16, 2022
City Council
7:00 PM
Monte Sereno City Council Chambers - 18041 Saratoga -
Los Gatos Road, Monte Sereno, Ca 95030
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All comments should be a maximum of 350 words, which corresponds to approximately three (3) minutes of speaking time. If a comment is received after the agenda item is heard but before the close of the meeting, the comment will still be included as a part of the record of the meeting but will not be read into the record. Any member of the public who needs accommodations should email or call the City Manager who will use his best efforts to provide reasonable accommodations to provide as much accessibility as possible while also maintaining public safety in accordance with the City procedure for resolving reasonable accommodation requests. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Manager at 408-498-5285 or [email protected]. If requested of the City Manager, agendas and documents in the agenda packet can be made available in appropriate alternative formats to persons with a disability.

Page

CALL TO ORDER

PLEDGE OF ALLEGIANCE

ROLL CALL

ORDERS OF THE DAY
The Mayor, or a majority of the Council by vote, may change the order of business, except for public hearings on the agenda for a set time.

PRESENTATIONS

1. West Valley Clean Water: New Municipal Regional Stormwater Permit (MRP 3.0)
City of Monte Sereno MRP 3.0 Memorandum 8-9-2022
Presentation
4 - 24

ORAL COMMUNICATIONS
Persons wishing to address the Council on any matter of City business not listed on the agenda may do so at this time. Each speaker will normally be allotted three minutes, subject to the Mayor or a majority of the Council’s ability to limit the amount of time allocated to speakers based on the number of speakers and the need for expedient administration of City business in light of the number and length of items on the agenda.

WRITTEN COMMUNICATIONS
Copies of communications have been provided to Council for review prior to this meeting. Council Members desiring to read or discuss any written communication may do so at this time. No action may be taken except to place a particular item on a future agenda for Council consideration.

CONSENT CALENDAR
It is recommended that all items listed below be acted on simultaneously unless separate discussion and/or action is required by a Councilmember. One public comment period will be provided, although speakers speaking on more than one item may be allocated additional time by the Mayor or a majority of the Council.

1. Approve the Minutes of the June 21, 2022 and August 2, 2022 Regular City Council Meeting, and the Minutes of the May 24, 2022 and July 21, 2022 Special City Council Meeting
Staff recommends approval of the minutes of the June 21, 2022 Regular City Council Meeting, and the minutes of the July 21, 2022 Special City Council Meeting.

Staff Report -SR-22-148 - Pdf
25 - 42

2. Approve Warrant List Dated August 16, 2022 in the Amount $154,451.08
Staff recommends the City Council approve the Warrant List.

Staff Report - SR-22-187 - Pdf
43 - 45

PUBLIC HEARINGS

UNFINISHED BUSINESS

NEW BUSINESS

1. Discuss and Consider Nominees for Monte Sereno Citizen of the Year Nominee(s) and Make Appointment
Staff recommends that the City Council consider the nominee(s) for Citizen of the Year and make an appointment.

Staff Report - SR-22-186 - Pdf
46 - 50

2. Discuss and Consider City's Position on Legislative Bills 51 - 109

Staff recommends the City Council discuss and consider City position on various legislative bills.

Staff Report - SR-22-188 - Pdf

3. Consider and Accept the City Manager's Quarterly Report Staff recommends that the City Council consider and accept the City Manager's quarterly report.

Staff Report - SR-22-189 - Pdf
110 - 118

COMMITTEE/COMMISSION REPORTS
This time is set aside to allow Councilmembers serving on Council committees or appointed by the City to serve on the boards, commissions or committees of other agencies to present a verbal report on the activities of the respective boards, commissions or committees on which they serve. No discussion or action may be taken other than to place the matter on a future agenda.

Cities Association Board of Directors - Ellahie/Mekechuk Cities Association Legislative Action Committee - Ellahie/Mekechuk Cities Association City Selection Committee - Ellahie/Lawler Valley Transportation Authority PAC - Mekechuk/Leuthold Silicon Valley Animal Control Authority - Lawler/Turner Silicon Valley Clean Energy Authority - Ellahie/Mekechuk West Valley Clean Water Board - Mekechuk/Turner
West Valley Mayors and Managers - Ellahie/Mekechuk
West Valley Sanitation District - Turner/Leuthold
West Valley Solid Waste/Recycling JPA - Mekechuk/Turner Youth Commission - Lawler/Turner
Valley Water - Lawler/Mekechuk

COUNCIL MEMBER COMMENTS
This time is set aside to allow Councilmembers to make brief announcements or reports on the Councilmember’s own activities. No discussion or action may be taken other than to place the matter on a future agenda.

CITY MANAGER’S REPORT

FUTURE AGENDA ITEMS
This time is set aside to allow Councilmembers to make a specific request for an item to be placed on a future agenda. No discussion or other action may be taken.

ADJOURN
* All items on the agenda are subject to action/or change by the City Council In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk (408) 354-7635. If requested of the City Clerk, agendas and documents in the agenda packet can be made available in appropriate alternative formats to persons with a disability.

Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. [28CFR 35.102-35.104 ADA Title II]

MEMORANDUM
Date: August 9, 2022
To: Monte Sereno City Council
From: Sheila Tucker, Executive Director
Subject: New Municipal Regional Stormwater Permit (MRP 3.0) Recommendation
Receive information on the new Municipal Regional Permit (Order R2-2022-0018) adopted by the San Francisco Bay Regional Water Quality Control Board (Regional Water Board) on May 11, 2022, and effective July 1, 2022.

Summary
On May 11, 2022, the Regional Water Board adopted the third iteration of the Municipal Regional NPDES Permit (i.e., MRP 3.0). The reissued MRP includes requirements that 79 cities, towns, counties, and flood control districts surrounding San Francisco Bay, including the City of Monte Sereno, must implement to reduce the impacts of stormwater runoff on local creeks and the San Francisco Bay. This information memorandum provides a brief background on the reissued MRP and describes the primary changes from the previous permit (MRP 2.0), including new and expanded requirements.

Background
The City of Monte Sereno (City) is subject to the requirements described in the Municipal Regional NPDES Permit (i.e., MRP 3.0), which was recently adopted by the San Francisco Bay Regional Water Quality Control Board (Regional Water Board) and became effective on July 1, 2022. The reissued permit applies to 79 cities, towns, counties, and flood control agencies that discharge stormwater to San Francisco Bay, collectively referred to as Permittees. The City is a member of the West Valley Clean Water Program Authority (Authority), along with the cities of Campbell, Saratoga, and the Town of Los Gatos. The Authority is a Joint Powers Authority that exists to coordinate stormwater programs to meet Permit requirements. The City also participates in the Santa Clara Valley Urban Runoff Pollution Prevention Program (SCVURPPP) to coordinate stormwater management activities and implements some of the requirements in MRP 3.0 at the countywide level.

The Regional Water Board’s authority to issue MRP 3.0 is derived from the U.S. Environmental Protection Agency’s National Pollutant Discharge Elimination System (NPDES), which was developed under the Federal Clean Water Act and implemented by the State of California. The first MRP (“MRP 1.0”) was adopted on October 14, 2009, and reissued on November 11, 2015 (“MRP 2.0”), and May 11, 2022 (“MRP 3.0”).

Discussion
MRP 3.0 is a complex Permit that maintains and increases the regulatory requirements that public agencies comply with to address potential impacts associated with discharges to local creeks and the San Francisco Bay from municipal storm drain systems. There are a number of requirements

WEST VALLEY CLEAN WATER PROGRAM Municipal Regional Stormwater Permit

_____________________________________________________________________________________________________________________ expanded from MRP 2.0 and several new requirements. Table 1 below lists the key MRP 3.0 provisions that are applicable to Permittees in Santa Clara County and identifies whether the changes to the requirements are new, significant, or minor. The C.3. New Development and Redevelopment requirements will have the most significant impact on the City of Monte Sereno.

Table 1. MRP 3.0 Provisions that are applicable to Santa Clara County Permittees Provision Significance of Change from
MRP 2.0
C.2. Municipal Operations Minor
C.3. New Development and Redevelopment Significant
C.4. Industrial and Commercial Site Controls Minor
C.5. Illicit Discharge Detection and Elimination Minor
C.6. Construction Site Control Minor
C.7. Public Information and Outreach Minor
C.8. Water Quality Monitoring Significant
C.9. Pesticides Toxicity Control Minor
C.10. Trash Load Reduction Significant
C.11. Mercury Controls Significant
C.12. Polychlorinated Biphenyls (PCBs) Controls Significant C.13. Copper Controls Minor
C.14. Bacteria Control for Impaired Water Bodies
(Mountain View and Sunnyvale Only) New
C.15. Exempted and Conditionally Exempted
Discharges Minor
C.17. Discharges Associated with Unsheltered
Homeless New
C.20. Cost Reporting New
C.21. Asset Management New
SUMMARY OF SIGNIFICANT CHANGES AND NEW REQUIREMENTS IN MRP 3.0:

Provision C.3 - Requirements for New Development and Redevelopment Projects New development and development projects above certain impervious surface area thresholds are required to treat stormwater runoff using Low Impact Development (LID) techniques or Green Stormwater Infrastructure (GSI). These techniques include the construction of bioretention areas, pervious pavement, and infiltration structural control measures. MRP 3.0 reduces the impervious surface area thresholds from 10,000 sf to 5,000 sf for most types of projects. Beginning July 1, 2023, the following projects will be required to implement LID treatment:
 Private and public new development and redevelopment projects that replace/create ≥ 5,000 sf of impervious area.

WEST VALLEY CLEAN WATER PROGRAM Municipal Regional Stormwater Permit

_____________________________________________________________________________________________________________________  New roads or lane additions that replace/create ≥ 5,000 sf of impervious area.  Some road repair or improvement activities ≥ 5,000 sf of contiguous impervious area.  Road reconstruction and pavement widening projects that create/replace ≥ 1 acre of contiguous impervious area, including major utility trenching projects.  Single-family homes that create/replace ≥ 10,000 sf of impervious area.

Permittees are also required to retrofit existing public streets and parking lots to treat stormwater runoff with LID/GSI measures. The City must construct GSI projects during the permit term to meet the MRP 3.0 target of 3 acres treated per 50,000 population. The City’s GSI target is .21 acres. The target can be met at the countywide level; however, the City must individually implement at least one GSI project, with a minimum of 0.2 acres treated. Monte Sereno’s future CIP project to retrofit its City Hall/Annex parking lot will be a key opportunity to comply with the City’s MRP 3.0 GSI target.

Provision C.10 Trash Controls
Permittees are required to continue implementing control measures and other actions to reduce trash loads from municipal storm drain systems and achieve the following trash reduction benchmarks (relative to established baseline levels) to 90 percent trash reduction by June 30, 2023, and 100 percent trash reduction by June 30, 2025. All jurisdictional land areas in the City of Monte Sereno are generating very low levels of trash and therefore the City has achieved a 100% trash reduction level (i.e., no adverse impact to receiving waters consistent with the MRP).

Provisions C.11/C.12 - Mercury/Polychlorinated Biphenyls (PCBs) Controls PCBs and mercury are legacy pollutants that were once commonly used in industrial and electrical applications, building materials, and household items. The U.S. banned the production of PCBs over 40 years ago and the extent of mercury sources/uses has decreased, but past pollution continues to linger in Bay Area soils and waters. These MRP provisions require Permittees to implement source control measures (e.g., managing building demolition waste), treatment control measures (e.g., implementing GSI), and outreach measures (e.g., proper disposal of mercury-containing products) to continue to address the levels of these pollutants in stormwater. MRP 3.0 adds requirements to implement controls to address stormwater runoff from older industrial areas (a total of 664 acres in Santa Clara County) and controls that reduce the risk of PCBs in bridges and overpasses (when repaired or replaced) from entering stormwater.

MRP 3.0 does allow for an exemption of PCB demolition requirements for communities like Monte Sereno with no applicable structures. The Authority will be working with the City over the next year to prepare and submit a justification to the Water Board for this exemption.

Provision C.8 - Water Quality Monitoring
There are significant changes to the water quality monitoring requirements included in MRP provision C.8. Some types of monitoring programs that assessed creek health and investigated the sources of pollutants/impacts have been eliminated, however significant new requirements for monitoring trash and effectiveness of LID systems have been added to this provision.

SCVURPPP conducts monitoring on behalf of all Permittee to comply with this provision but the monitoring requires coordination and funding from all Permitees.

Provision C.17 - Discharges Associated with Unsheltered Homeless Populations MRP 3.0 adds a new requirement to address potential stormwater quality concerns associated with unsheltered homeless populations. The City is required to develop maps identifying the approximate location(s) of unsheltered homeless populations, compile information on current

WEST VALLEY CLEAN WATER PROGRAM Municipal Regional Stormwater Permit

_____________________________________________________________________________________________________________________ practices to manage discharges associated with these populations, and plan for the implementation of enhanced actions to address current/potential stormwater quality concerns.

The City will not likely be impacted by these requirements given the lack of people without housing in Monte Sereno.

Provision C.21 - Cost Reporting
MRP 3.0 includes a new provision that requires Permittees to develop a regional cost reporting framework and methodology by June 30, 2023. Starting in FY2024-25, the City will be required to track its costs of complying with the MRP and submit these cost estimates annually to the Regional Water Board, using the approved framework.

Provision C.22 - Asset Management
MRP 3.0 includes a new provision that requires Permittees to develop and implement an Asset Management Plan in order to ensure the satisfactory condition of all publicly-owned water qualityrelated assets (e.g., stormwater treatment controls and trash capture devices) constructed during this permit and previous permit terms. The City currently maintains four trash capture devices.

FINANCIAL IMPACT
The City primarily funds stormwater permit compliance activities through a storm sewer assessment on the county tax roll. The residential rate is a flat rate at $16.58 per parcel. The assessment was established in 1992 and has not been increased since 1994. The City has not kept pace with the rising cost of stormwater requirements and also funds a portion of the program not covered by the storm sewer assessment from its General Fund. The table below summarizes the City’s FY2022-23 budget, the anticipated revenue from the property assessment, and charges for service.

FY2022-23
Operating Budget
Estimated FY2022-23
Property Assessment
Charge for Service
(General Funded)
Monte Sereno $33,272 $21,783 $11,489
The new and expanded requirements will likely have significant resource implications to public agencies throughout the Bay Area. In 2021, the Authority completed a Cost of Service and Longterm Funding Options Study. The study indicated that the cost of MRP 3.0 over the 5-year permit term may escalate in aggregate up to 30%. This is a planning-level estimate. Authority staff was directed to further evaluate cost recovery options and a public opinion poll after the November 2022 General Election to measure community priorities and willingness to support a potential future joint stormwater property-related fee. Staff will return to the Board in early 2023 for discussion and further direction on potential future polling.

MUNICIPAL REGIONAL

STORMWATER PERMIT
Overview of Expanded and New Requirements
Sheila Tucker
August 16, 2022

PRESENTATION OUTLINE
 Background on Municipal Regional Permit (MRP)
 Significant Changes & New Requirements in the
Reissued MRP
 Modified Provisions
• New/Redevelopment Controls (C.3)
• Water Quality Monitoring (C.8)
• Trash Load Reduction (C.10)
• Mercury & PCBs Controls (C.11/C.12)
• Bacteria Controls (C.14)
 New Provisions
• Unsheltered Homeless Populations (C.17)
• Cost Reporting (C.20)
• Asset Management (C.21)

REGULATORY BACKGROUND

MUNICIPAL STORMWATER PERMITS
 Addresses water discharged from storm drain systems
that does not go to a wastewater treatment plant or
receive treatment.
 Since 1987, the federal Clean Water Act (CWA)
regulates stormwater discharges from municipal storm
drain systems via National Pollutant Discharge
Elimination System (NPDES) permits.
 NPDES permits issued by States/EPA require public
agencies to implement measures to control
stormwater pollution.
 Santa Clara Valley agencies were issued the nation’s
first NPDES municipal stormwater permit in 1990 by
the SF Bay Regional Water Quality Control Board.

BAY AREA MUNICIPAL REGIONAL PERMIT (MRP)
4  MRP (“MRP 3.0”) reissued in May 2022;
effective on July 1, 2022. Five-year term.
 SCVURPPP assists County, Valley Water
and 13 cities/towns in Santa Clara Valley
with countywide programs and
compliance.
 West Valley Clean Water Authority
established 2018 to assist compliance
with permit.
 The Municipal Regional Stormwater NPDES Permit (MRP) issued to 79 agencies in the Bay Area, including the cities of Campbell, Monte Sereno, Saratoga and Town of Los Gatos.

MRP PROVISIONS APPLICABLE TO SC VALLEY AGENCIES
5 C.2 Municipal
Operations
C.3 New
Development and
Redevelopment
C.4 Industrial/
Commercial Site
Controls
C.5 Illicit
Discharge
Controls
C.6 Construction
Site Controls
C.7 Public
Information and
Outreach
C.15 Exempted
and Conditionally
Exempted
Discharges
C.17 Unsheltered
Homeless
Populations
Significant changes
New provision
Minor changes
C.9 Pesticides
Toxicity Control
C.10 Trash Load
Reduction
C.11/12 PCB
and Mercury
Controls
C.13 Copper
Controls
C.14 Bacteria
Controls
C.8 Water Quality
Monitoring
C.20 Cost
Reporting
C.21 Asset
Management
Topic Specific Pollutant Specific Monitoring/Reporting

Landscaped areas
and pervious
surfaces capture
runoff, reducing the
quantity of pollutants
flowing into local
creeks
Runoff and pollutants
flow directly into local
creeks via storm
drains
PROVISION C.3 - NEW AND REDEVELOPMENT
Background
Development projects
must implement Low
Impact Development
(LID) measures or
Green Stormwater
Infrastructure (GSI) to
capture and treat
stormwater

PROVISION C.3 - NEW AND REDEVELOPMENT
Background
 Development projects are regulated based on how much impervious surface is created or replaced on a development site
 Projects that create/replace impervious surface area above certain thresholds are required to treat stormwater runoff using LID treatment methods
 Municipalities are also required to retrofit existing public streets and parking lots to treat runoff with LID/GSI measures
Pervious Surfaces Bioretention Areas (rain gardens) Disconnected Downspouts

PROVISION C.3 - NEW AND REDEVELOPMENT
Significant Changes
 Regulated project size threshold lowered to 5,000 ft2 of impervious area for most project types:
 Private and public new development and redevelopment
projects
 New roads or lane additions
 Some road repair or improvement activities
 Road reconstruction and pavement widening projects
are now regulated at a threshold of 1 acre of contiguous impervious area
 Single-family homes are now regulated at a threshold
of 10,000 ft2 of impervious area

PROVISION C.3 - NEW AND REDEVELOPMENT
Significant Changes
 GSI Planning and Implementation (retrofit projects)
 Municipalities must continue to implement the actions in their 2019 GSI Plans
 Municipalities must continue to look for opportunities to integrate GSI into planned public projects where feasible  Municipalities must construct GSI projects during permit term to meet targets of 3 acres treated per 50,000
(Monte Sereno target = .21 acres)
 Targets can be met at the countywide level
 If countywide approach chosen, each municipality must implement at least one GSI project, with a minimum of 0.2 acres treated

PROVISION C.10 - TRASH CONTROLS
Significant Changes
 Reduce trash entering receiving
water from storm drain systems
 New Benchmarks:
 90% trash reduction
by June 30, 2023
 100% trash reduction
(no adverse impact to waters)
by June 30, 2025

PROVISIONS C.11/C.12 - MERCURY/PCB CONTROLS
Background
Legacy pollutants still detected in Bay Area soils and
waters
 Polychlorinated Biphenyls (PCBs) Sources
(manufacturing banned in 1979)
 Electrical equipment, including transformers and capacitors  Hydraulic fluids, dust control, flame retardants, lubricants, paints, sealants, wood preservatives, inks, dyes and plasticizers.  Construction materials such as caulking, insulation, roofing and siding materials.
 Mercury Sources
 Mining
 Fossil fuel combustion
 Concrete production
 Consumer goods (fluorescent light bulbs, batteries)

Continuing Programs
• Identify and manage properties that may be sources of PCBs/mercury
• Manage PCBs-containing materials and wastes during building demolition
• Control PCBs from oil-filled equipment at municipally-owned electrical utilities
New Programs
• Implement treatment measures for runoff from Old Industrial Areas (664 acres in Santa Clara County)
• Control PCBs from materials in bridges and overpasses (when repaired or replaced)
• Exemptions for PCB demolition program requirements for cities with no applicable structures
PROVISIONS C.11/C.12 - MERCURY/PCB CONTROLS
Significant Changes Page 19 of 118
PROVISION C.8 – WATER QUALITY MONITORING
Significant Changes
 Monitor effectiveness of LID systems
 Monitor certain pollutants entering
receiving waters
 Increased requirements for trash monitoring
 Levels of trash discharged from storm drains
during storm events
 In-stream trash monitoring during storm events
 Assess trash levels on shorelines and/or
streambanks

NEW PROVISIONS
C.17 Discharges Associated
with Unsheltered
Homeless Populations
• Identify and implement
practices to manage
discharges associated
with unsheltered
homeless populations
that impact water quality
C.20 Cost Reporting
• Develop and submit a
regional cost reporting
framework
by June 30, 2023
• Submit annual analysis of
stormwater program
costs starting with
FY 24-25
C.21 Asset Management
• Develop and implement
an Asset Management
Plan for management of
hard assets related to
stormwater quality (e.g.,
LID controls & trash
devices)

FY2022-23
Operating
Budget
Estimated FY2022-
23 Property
Assessment
Revenue
Charge for
Service (General
Funded)
$33,272 $21,783 $11,489
15 STORMWATER REVENUE & COST OF SERVICE
Campbell

35.1%
Los Gatos

32.5%
Monte
Sereno

2.7%
Saratoga

29.7%
Authority's Budget
Apportionment
 Funded through property assessment and GF.
 Assessment established in 1992, $16.58 per parcel.
 Authority FY2022-23 budget, the anticipated revenue from the property assessment, and charges for service.
 Authority’s budget is approx. $1 million/year; MS is 2.7%  SCVURPPP’s budget is approx. $5 million/year; MS is .14%

FISCAL IMPACTS OF MRP 3.0
 Expanded public resources will be needed to comply with MRP 3.0  Authority conducted cost of service and funding needs assessment in 2021.  Study indicated cost of MRP 3.0 over the 5-year permit term may escalate in aggregate up to 30%.
 Planning-level estimate; does not include capital projects.  Potential funding sources & opportunities for increase efficiencies  New user fee - Authority evaluating a potential public opinion poll after the November 2022 General Election to measure community priorities and willingness to support a potential future joint stormwater property-related fee.  Expanded fees on private development/properties, commercial/industrial businesses to support plan review/approval and inspections
 Solid waste fees
 Regional/Program-wide collaboration on tasks/projects  State/Federal grant opportunities

QUESTIONS
Sheila Tucker
Executive Director
West Valley Clean Water Authority
1 West Campbell Avenue #H73
Campbell, CA 95008-1039
[email protected]

(408) 354-4734

STAFF REPORT
Meeting: City Council - Aug 16 2022
Agenda Heading: CONSENT CALENDAR
Staff Contact: Michelle Estabillo, City Clerk
Department: City Clerk
Title: Approve the Minutes of the June 21, 2022 and August 2, 2022 Regular City Council Meeting, and the Minutes of the May 24, 2022 and July 21, 2022 Special City Council Meeting
Recommendation(s):

Staff recommends approval of the minutes of the June 21, 2022 Regular City Council Meeting, and the minutes of the July 21, 2022 Special City Council Meeting.

Fiscal Impact:

There are no unbudgeted fiscal impacts with this agenda item.

Public Noticing:

The City Council’s agenda was posted at City Hall and the agenda and this report appear on the City’s website.

Attachments:
5-24-22 Special Joint Meeting Minutes DRAFT
6-21-22 Regular Meeting Minutes DRAFT
7-21-22 Regular Meeting Minutes DRAFT
8-2-22 Regular Meeting Minutes DRAFT

MONTE SERENO JOINT CITY

COUNCIL AND SITE &

ARCHITECTURAL COMMISSION

MEETING MINUTES

SPECIAL MEETING
6:00 p.m.

May 24, 2022

MEETING CALLED TO ORDER
At approximately 6:00 p.m., Mayor Ellahie called the meeting to order.

PLEDGE OF ALLEGIANCE
Mayor Pro Tempore Mekechuk conducted the Pledge of the Allegiance.

ROLL CALL

Present: Councilmember Lawler, Councilmember Leuthold, Councilmember Turner, Mayor Pro Tempore Mekechuk, and Mayor Ellahie
Commissioner Zeidler, Commissioner Sharma, Commissioner Bucher, Balasubramanian and Chair White

Absent: None
Staff Present: City Manager Leonardis, City Attorney Rudin, Deputy City Clerk GonzalezLangarica and City Clerk Estabillo

ORDERS OF THE DAY
There were no changes.

ORAL COMMUNICATION
Mayor Pro Tempore shared information on an accident on Daves Avenue on Saturday evening.

WRITTEN COMMUNICATIONS
There were none.

NEW BUSINESS

1. Housing Element Update: Sites Inventory and Project Schedule City Planner Perkins presented report. Council and Commissioners held discussion.

Public comment was received from the following people:

Erik Ramakrishnan
Brian Walsh
Skip Piercen
Atif
Sarah
Tony Jeans
Michelle
Staff was directed to create a survey and do an active outreach with the public to be able to generate letters of intent by the residents.

MOTION: Motion by Mayor Pro Tempore Mekechuk to table the discussion on rezoning on Vineland Avenue and Bicknell Road. Seconded by Councilmember Leuthold.

VOTE: Motion passed unanimously. (10-0-0)

2. Provide Direction to Staff on SB9 Ordinance Modifications City Planner Perkins presented report. Council and Commissioners held discussion.

Public comment was received from the following people:

Brian Walsh
Erik Ramakrishnan
Justin Lerman
Janet Chaffin
Kevin Hayes
Tony Jeans
Trevor Schwartz
Michelle Walsh
Skip Piercen

Paul Corolla
Reach out to the community as part of the ADU survey talked earlier to talk about SB9 make sure the community know that SB9 and get feedback.

ADJOURN
The meeting adjourned at approximately 9:42 p.m.

Javed I. Ellahie, Mayor
ATTEST:

Michelle Estabillo, City Clerk

MONTE SERENO CITY COUNCIL

MEETING MINUTES

REGULAR MEETING
7:00 p.m.

June 21, 2022

MEETING CALLED TO ORDER
At approximately 7:00 p.m., Mayor Ellahie called the meeting to order.

PLEDGE OF ALLEGIANCE
Councilmember Lawler conducted the Pledge of the Allegiance.

ROLL CALL

Present: Councilmember Lawler, Councilmember Leuthold, Councilmember Turner, Mayor Pro Tempore Mekechuk, and Mayor Ellahie

Absent: None
Staff Present: City Manager Leonardis, City Attorney Rudin, Finance Officer Samoranos, City Planner Perkins, City Clerk Estabillo and Deputy City Clerk Gonzalez-Langarica

Absent: None

ORDERS OF THE DAY
There were no changes.

PRESENTATIONS
There were no presentations.

ORAL COMMUNICATIONS
Oral communications were provided by Ms. Philips and Philip Levine.

WRITTEN COMMUNICATIONS
There were none.

CONSENT CALENDAR (TO BE ACTED UPON BY A SINGLE MOTION)

1. Approve the Minutes of May 17, 2022 and June 7, 2022 Regular City Council Meeting

2. Approved the Warrant List Dated June 21, 2022, in the Amount of $97,440.04

3. Accept the Treasurer’s Report for the Period Ending April 30, 2022

4. Accept Revenues and Expenditures Report for the Month Ending April 30, 2022

5. Accept the Significant Full Year to Date Variances to Mid Year Budget Narrative for the Month Ending April 30, 2022

6. Accept the LAIF Investment Report for April 30, 2022

7. Authorize the City Manager to Submit Applications for the One Bay Area Grant (OBAG) Cycle 3 to the Santa Clara Valley Transportation Authority (VTA) for Three Candidate Projects MOTION: Motion by Mayor Pro Tempore Mekechuk to approve the Consent Calendar as amended. Seconded by Councilmember Lawler.

VOTE: Motion passed unanimously. (5-0-0)

PUBLIC HEARINGS
There were none.

UNFINISHED BUSINESS
There were none.

NEW BUSINESSS

2. Consider and Approve the First Amendment to Agreement Between the City of Monte Sereno and Steven Leonardis for Employment as City Manager
MOTION: Motion by Councilmember Turner to approve the First Amendment to Agreement between City of Monte Sereno and Steven Leonardis for employment as City Manager. Seconded by Mayor Pro Tempore Mekechuk.

VOTE: Motion passed unanimously. (5-0-0)

4. Discussion and Provide Direction to the Mayor on the City of Monte Sereno’s Position on Legislation Being Considered by the Santa Clara County Cities Association Mayor Ellahie provided a report on the legislation being considered by the Santa Clara County Cities Association and stated at AB2181 (Berman) regarding Santa Clara Valley Transportation Authority Board of Directors has been withdrawn and will not considered by the Cities Association.

By consensus, the Council agreed to oppose AB 2011 (Wicks) Affordable Housing and High Road Jobs Act of 2022; to oppose AB 2097 (Friedman) Residential and Commercial Development Parking Requirements; and to oppose SB 897 (Wieckowski) Accessory Dwelling Units

1. Consider and Approve Fiscal Year 2022-2023 Operating and Capital Budget and Adopt a Resolution Adopting the Proposed Fiscal Year 2022-2023 Operating and Capital Budget RESOLUTION NO. 22-3854
Finance Manager Reynold Samoranos presented the fiscal year 2022-2023 Operating and Capital Budget to the Council and discussion ensued.

MOTION: Motion by Mayor Pro Tempore Mekechuk to approve the FY2022-2023 Operating and Capital Budget. Seconded by Councilmember Lawler.

VOTE: Motion passed unanimously. (4--1-0; Noes: Turner)

3. Discussion and Provide Direction to Staff Regarding Reducing Building Permit and Plan Check Fees for Accessory Dwelling Units When the Property Owner Has Formally Notified the City of Their Intention to Construct an Accessory Dwelling Unit for the Next RHNA Cycle City Planner Diana Perkins presented the staff report and discussion ensued.

Public Comment was received from D. Lively, Steven Walker, By consensus, the Council directed staff to reduce building permit and plan check fees for Accessory Dwelling Units and return to Council in a Special Meeting in July to consider staff’s recommendation.

5. Housing Element Update: Draft Programs and Project Schedule City Planner Diana Perkins provided the staff report and discussion ensued.

ADJOURN TO CLOSED SESSION
The Council adjourned to Closed Session at approximately 8:45 p.m.

1. LIABILITY CLAIMS
(Government Code § 54956.95)
Claimant: Rowena Turner
Agency claimed against: City of Monte Sereno

RECONVENE TO OPEN SESSION
The Council reconvened to Open Session at approximately 9:22 p.m. with Councilmember Leuthold, Councilmember Lawler, Mayor Pro Tempore Mekechuk, and Mayor Ellahie present.

REPORT ON ACTION TAKEN DURING CLOSED SESSION
Mayor Ellahie reported that the Council voted unanimously to reject the claim filed by Rowena Turner for untimely filing.

Mayor Ellahie also reported that Councilmember Turner recused herself from the Closed Session.

COMMITTEE/COMMISSION REPORTS
Councilmember Leuthold stated there was nothing to report for the Santa Clara County Library Joint Powers Authority (JPA) and spoke about the newsletters the JPA sends out. He also stated the Housing Ad Hoc Committee met but spoke about its meeting in a previous agenda item tonight.

Councilmember Lawler stated there is nothing to report.

Mayor Pro Tempore Mekechuk reported that he and Mayor Ellahie and Silicon Valley Clean Energy had a meeting to discuss a new grant program for the Annex. He also spoke about at Valley Transportation Authority for AB 2181.

Mayor Ellahie attended the Cities Association meeting held at the Winchester Mystery House. He reported that the West Valley Mayors and Managers meetings are now being held in person and that the City of Saratoga is this year.

Councilmember Turner attended the meeting at approximately 9:32 p.m. She reported that the Monte Sereno CERT group is holding a Neighborhood Watch meeting and stated that the proposed Community Center will not be used an Emergency Operations Center.

COUNCILMEMBER COMMENTS
Mayor Pro Tempore Mekechuk congratulated Councilmember Lawler in her strong showing in the State Assembly race.

CITY MANAGER’S REPORT
City Manager Leonardis thanked the Council for his pay increase in an earlier agenda item. He also reminded that the City Picnic is scheduled for August 21 from 11:30 a.m. to 2:00 p.m.

FUTURE AGENDA ITEMS
There were none.

ADJOURN
The meeting adjourned at approximately 9:41 p.m.

Javed I. Ellahie, Mayor
ATTEST:
_______________________________
Michelle Estabillo, City Clerk

MONTE SERENO CITY COUNCIL

MEETING MINUTES

SPECIAL MEETING
7:00 p.m.

July 21, 2022

MEETING CALLED TO ORDER
At approximately 7:00 p.m., Mayor Ellahie called the meeting to order.

PLEDGE OF ALLEGIANCE
Mayor Pro Tempore Mekechuk conducted the Pledge of the Allegiance.

ROLL CALL

Present: Councilmember Leuthold, Councilmember Turner, Mayor Pro Tempore Mekechuk, and Mayor Ellahie

Absent: Councilmember Lawler
Staff Present: City Attorney Rudin, Finance Officer Samaranos, City Planner Perkins, City Clerk Estabillo and Deputy City Clerk Gonzalez-Langarica

Absent: City Manager Leonardis

ORDERS OF THE DAY
There were no changes.

ORAL COMMUNICATIONS
There were none.

WRITTEN COMMUNICATIONS
There were none.

CONSENT CALENDAR (TO BE ACTED UPON BY A SINGLE MOTION)
Mayor Ellahie pulled Consent Calendar Agenda Items No. 1 and No. 2 for discussion.

3. Adoption of Resolution Establishing and Fixing the Amount of Special Real Property Tax Levy for Police Protection Purposes for the Fiscal Year 2022-23 MOTION: Motion by Mayor Pro Tempore Mekechuk to approve the Consent Calendar. Seconded by Councilmember Lawler.

VOTE: Motion passed unanimously. (5-0-0)

1. Approve Warrant List Dated July 21, 2022 in the amount of $397,444.90 MOTION: Motion by Councilmember Leuthold to approve the Warrant List dated July 21, 2022 in the amount of $397,444.90. Seconded by Councilmember Lawler.

VOTE: Motion passed unanimously. (5-0-0)

2. Consider and Resolution Extending Teleconferencing of City Council Meetings Pursuant to Government Code Section 54953 (AB 361) RESOLUTION NO. 22-3855 MOTION: Motion by Councilmember Turner to adopt the resolution extending teleconferencing of City Council meetings pursuant to Government Code Section 54953 for the next 30 days. Seconded by Mayor Pro Tempore Mekechuk.

VOTE: Motion passed unanimously. (5-0-0)

PUBLIC HEARINGS
There were none.

UNFINISHED BUSINESS
There were none.

NEW BUSINESSS

1. Consider Reducing Building Permit and Plan Check Fees for Accessory Dwelling Units or SB-9 Dwelling Unit When the Property Owner has Formally Notified the City of their Intention to Construct for the Next RHNA Cycle RESOLUTION NO. 22-3857 Public Comment was received from the following people:

D. Lively
Ingrid B.

MOTION: Motion by Councilmember Leuthold to adopt the resolution with an amendment to Section No. #2 to clarify that the entitlement of reduction in reduction of fees will run with the land. Seconded by Mayor Pro Tempore Mekechuk.

VOTE: Motion passed unanimously. (5-0)

2. Update from the Housing Element Ad Hoc Committee Regarding Outreach and Incentives for Creating Accessory Dwelling Units
City Planner Diana Perkins and the Housing Element Ad Hoc Committee members Mayor Pro Tempore Mekechuk and Councilmember Leuthold provided an update.

Public Comment was received by the following people:

Ishaan Prassad
Steven Walker
Aiden Zhang
Alex

ADJOURN
The meeting adjourned at approximately 8:34 p.m.

Javed I. Ellahie, Mayor
ATTEST:
_______________________________
Michelle Estabillo, City Clerk

MONTE SERENO CITY COUNCIL

MEETING MINUTES

REGULAR MEETING
7:00 p.m.

August 2, 2022

MEETING CALLED TO ORDER
At approximately 7:42 p.m., Mayor Ellahie called the meeting to order.

PLEDGE OF ALLEGIANCE
Councilmember Turner conducted the Pledge of the Allegiance.

ROLL CALL

Present: Councilmember Lawler, Councilmember Leuthold, Councilmember Turner, Mayor Pro Tempore Mekechuk, and Mayor Ellahie

Absent: None
Staff Present: City Manager Leonardis, City Attorney Rudin, Finance Officer Samoranos, City Planner Perkins, City Engineer Jessica Kahn and City Clerk Estabillo

Absent: None

ORDERS OF THE DAY
There were no changes.

PRESENTATIONS
There were no presentations.

ORAL COMMUNICATIONS
Oral communications were provided by Adesh Kumar.

WRITTEN COMMUNICATIONS
There were none.

CONSENT CALENDAR (TO BE ACTED UPON BY A SINGLE MOTION)

1. Approve the Warrant List Dated August 2, 2022, in the Amount of $54,405.56

2. Accept the Treasurer’s Report for the Period Ending May 31, 2022

3. Accept the LAIF Investment Report for May 31, 2022

4. Accept the Significant Full Year to Date Variances to Mid Year Budget Narrative for the Month Ending May 31, 2022

5. Accept the Revenue and Expenditure Report for the Period Ending May 31, 2022

6. Award of Contract to McKim Corporation for Fiscal Year 2022-2023 Pavement Management Program Construction Project in Total Amount Not to Exceed $342,571 and Determining Project Exempt from CEQA Pursuant to CEQA Guidelines Section 15301 RESOLUTION NO. 22-3858
MOTION: Motion by Councilmember Lawler to approve the Consent Calendar.

Seconded by Mayor Pro Tempore Mekechuk.

VOTE: Motion passed unanimously. (5-0-0)

PUBLIC HEARINGS

1. Consider Application 2022-3034 for a Use Permit for a New Approximately 5,022 Square-Foot Sport Court (Tennis Court) at 18216 Daves Avenue RESOLUTION NO. 22-3857 MOTION: Motion by Councilmember Leuthold to approve the application for a use permit for a new approximately 5,022 square-foot sport court (tennis court) at 18216 Daves Avenue. Seconded by Mayor Pro Tempore Mekechuk.

VOTE: Motion passed unanimously. (5-0-0)

UNFINISHED BUSINESS
There were none.

NEW BUSINESSS

1. Consider and Appoint a Member to the 2022-2023 Monte Sereno Youth Commission MOTION: Motion by Mayor Pro Tempore Mekechuk to appoint Yash Sharma to the Youth Commission. Seconded by Councilmember Turner.

VOTE: Motion passed unanimously. (5-0-0)

2. Consider and Designate Voting Delegate and Alternatives to the League of California Cities MOTION: Motion by Mayor Pro Tempore Mekechuk to designate Councilmember Turner as voting delegate and Mayor Ellahie as the alternate to the League of California Cities. Seconded by Councilmember Lawler.

VOTE: Motion passed unanimously. (5-0-0)

3. Discuss and Consider Revisions to Chapter 12.03 of the Monte Sereno Municipal Code Establishment of the Monte Sereno Youth Commission and Consider Adding an Attendance Policy to Section 12.03
MOTION: Motion by Mayor Pro Tempore Mekechuk to revise Chapter 12.03.040 of the Monte Sereno Municipal Code – Removal Process to state “B. The member fails to attend two (2) consecutive regular Youth Commission meetings without an approved excuse by the City Manager” and to return to Council with an amended ordinance reflecting this change for approval.

Seconded by Councilmember Lawler.

VOTE: Motion passed unanimously. (5-0-0)

4. Discussion and Direction Regarding the City of Monte Sereno’s Continued Membership in the Santa Clara County Cities Association
Public Comment was received from Margaret Abe-Koga.

MOTION: Motion by Councilmember Leuthold to have Mayor Ellahie draft a letter to the Santa Clara County Cities Association expressing the City’s membership concerns and return to Council in October of this year for further discussion. Seconded by Mayor Pro Tempore Mekechuk.

VOTE: Motion passed unanimously. (5-0-0)

5. Consider Revisions to the City of Monte Sereno Ad Hoc Committee MOTION: Motion by Councilmember Leuthold to re-appoint the existing members of Housing and Legislation, Veteran’s Memorial, Operations and Outreach Committee, Climate Ad Hoc Committee to their respective Ad Hoc Committees and extend the expiration date of the Housing and Legislation, Veteran’s Memorial, Operations and Outreach Committee, Climate Ad Hoc Committees to December 31, 2022 and to return to the Council on September 6, 2022 to discuss creating a standing Finance Committee.

Seconded by Mayor Pro Tempore Mekechuk.

COMMITTEE/COMMISSION REPORTS
Mayor Pro Tempore Mekechuk stated he attended the Silicon Valley Clean Energy Finance Administration meeting, and they are recommending adoption of the budget and revenue fee.

Councilmember Lawler stated that Silicon Valley Animal Control Authority will be attending the City picnic and that they are holding their annual “Pour for Paws” fundraising event on September 10.

COUNCILMEMBER COMMENTS
Mayor Pro Tempore Mekechuk stated he will not be attending the August 16, 2022 Council meeting because he will be out of the country. He also spoke about the coverage the City received from the San Jose Mercury News regarding the ADU Incentive Program.

Councilmember Leuthold thanked staff and the consultant on work on the Housing Element. He also reminded Council to refrain from commenting on social media posts relating to City business as it is a violation of the Brown Act. City Attorney Rudin reiterated that Council should not be replying to posts and/or comments related to City business on social media.

Councilmember Lawler requested to have Valley Water listed on the agenda under Committee/Commission Reports.

CITY MANAGER’S REPORT
City Manager Leonardis provided an update on the City Picnic as well as clean-up on Highway 9.

FUTURE AGENDA ITEMS
There were none.

ADJOURN
The meeting adjourned at approximately 9:03 p.m.

Javed I. Ellahie, Mayor
ATTEST:
_______________________________
Michelle Estabillo, City Clerk

STAFF REPORT
Meeting: City Council - Aug 16 2022
Agenda Heading: CONSENT CALENDAR
Staff Contact: Reynold Samoranos,
Department: Finance Manager
Title: Approve Warrant List Dated August 16, 2022 in the Amount $154,451.08 Recommendation(s):

Staff recommends the City Council approve the Warrant List.

Fiscal Impact:

There are no unbudgeted fiscal impact with this agenda item.

Public Noticing:

The City Council's agenda was posted at City Hall and the Agenda and this report appear on the City's website.

Attachments:
2022 08 16 Warrants List

CITY OF MONTE SERENO
REGISTER OF ACCOUNTS PAYABLE AS OF THESE DATES:

August 16, 2022
CHECK
NO. TO FOR AMOUNT ACCOUNT NO.
19927 Prime Tree Care, Inc.

Trim and spray all trees at City Hall,
spray Pine trees on Robin & Anne Ln,
trim Redwoods by Winchester Blvd,
remove fallen trees
6,900.00 01-860
19928 Vantagepoint Transfer
Agent-301546 Fund 457 retirement plan 2,916.64 01-660 149 19929 Association of Bay Area
Governments Utilities - natural gas for City Hall 180.00 01-705 19930 Alana Consulting, LLC
Plan Checks (07-04-2022 to 07-31-2022)
$9373 and ePermit development for
Planning $6325.
15,697.50 01-765
19931 Bay Area News Group Classified advertising for 2022 Annual Pavement Project 1,628.40 01-565
19932 Burke,Williams &
Sorensen, LLP
General litigation ($10.8k), Padgett case
($444), Greenwood Ln case ($439), City
Attorney Services ($7145), Labor
Negotiations ($372).
19,177.37 01-425
01-427
19933 COMCAST Internet service for City Hall 106.67 01-720 19934 corodata Shredding,
Inc.

Storage - Standard record carton, 3"
Blueprint Tube carton and plan carton 52.50 01-710
19935 Dicar Networks, Inc. Total Care IT services ($1325) and renewal software licenses ($1006) 2,331.00 01-535 01-811 19936 First Choice Coffee
Services
Drinking water service, coffee supplies
and water cooler rental 238.95 01-710
19937 Frontier
Communications Landline for City Hall 63.70 01-720
19938 Hillview Design Print
Media
Postcards for BPMP mailing. Sent 1510
postcards. 1,333.73 01-725
19939 KTUA
Daves Concept plan project (CIP-2022-
C) $2401 and Monte Sereno Bicycle
Pedestrian Master Plan (CIP-2022-F)
$761.
3,162.37 05-870
05-905
19940 MSI Litho
Monte Sereno Building Permit Fee
Discount postcard ($1207), Sorry We
Missed You Door Hanger ($404), ADU
Intention 2-Part NCR Form plus SB9
Intention 2-Part NCR Form ($617)
2,229.18 01-710
19941 Pacific Gas & Electric Utilities - electricity for Rose Andrews Lighting District 46.60 50-945
19942 San Jose Water Utilities - Water Services City Hall ($117) and Annex Building ($227) 343.47 01-705
19943 State Compensation Ins
Fund Workers' Comp premium 335.09 01-642

CITY OF MONTE SERENO
REGISTER OF ACCOUNTS PAYABLE AS OF THESE DATES:

August 16, 2022
19944 TL Engineering Neigborhood Improvement Project on Daves (CIP-2022-C) 3,530.00 05-870
19945 Town of Los Gatos
Finance Depa Police Services at FY 2022-23 new rates 84,217.00 03-545 19946 Twrl Inc. Black milk tea beverages for City Hall 345.60 01-710 19947 Wells Fargo Bank
Office Supplies ($2.7k), Zoom & Office
phone services ($91), Southwest travel
($188), Cal Cities Registration ($650),
International Code Council ($1.6k),
Maureen Kane City Clerk training
($1.7k), US postmaster mailing ($1.4k),
computer software license renewal
($771) and supplies for building repairs
($105).
9,577.06
01-710
01-720
07-740
01-745
01-770
01-811
01-860
19948 Burke,Williams &
Sorensen, LLP Shekar v. Monte Sereno case 38.25 01-427
Total $154,451.08

I, REYNOLD SAMORANOS, FINANCIAL AND ADMINISTRATION OFFICER DO HEREBY CERTIFY THAT THE

PROCEEDING ACCOUNTS HAVE BEEN CHECKED AND FOUND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF.

STAFF REPORT
Meeting: City Council - Aug 16 2022
Agenda Heading: NEW BUSINESS
Staff Contact: Steve Leonardis,
Department: City Manager
Title: Discuss and Consider Nominees for Monte Sereno Citizen of the Year Nominee(s) and Make Appointment
Recommendation(s):

Staff recommends that the City Council consider the nominee(s) for Citizen of the Year and make an appointment.

Background Information:

On March 22, 2022, The Monte Sereno City Council met for its annual Strategic Goal Setting Session. Under the goal category titled “Provide Quality Public Service” Monte Sereno City Council voted to approve a Monte Sereno “Citizen of the Year” program. On May 25, 2022, City staff sent notification out to Monte Sereno residents calling for nominations for Monte Sereno Citizen of the Year. The Citizen of the Year was to be selected by City Council at the 2nd meeting in August and introduced by the Mayor at the Monte Sereno Annual City Picnic on August 21st, 2022. The Monte Sereno Citizen of the Year will remain as Citizen of the Year until the next Citizen of the Year is appointed in August of 2023.

Fiscal Impact:

There are no unbudgeted fiscal impacts with this agenda item.

Alternatives:

1. Select the Monte Sereno Citizen of the Year

2. Postpone selection of the Monte Sereno Citizen of the Year Conclusion:

Quality Public Service and Community Engagement are the objectives of the Monte Sereno City Council. The Citizen of the Year award will engage the community of Monte Sereno and offer an opportunity to honor an outstanding resident nominated by their peers in the Monte Sereno Community in its inaugural year.

Public Noticing:

The City Council’s agenda was posted at City Hall and the agenda and this report appear on the City’s website.

Attachments:

Citizen of the Year Nomination Form
K. Rhind Citizen of the Year Nomination

Citizen of the Year Nomination Form
Do you know an outstanding Monte Sereno resident? An individual who goes above and beyond the call to serve their community? If you do, please consider nominating your choice for Monte Sereno “Citizen of the Year.” The nomination period will begin June 1st and end August 1st. The chosen Monte Sereno Citizen of the Year will be honored by the Mayor of Monte Sereno at the annual Monte Sereno picnic August 21, 2022 11:30-2pm. Deadline to submit applications is Monday, August 1, 2022.

Please Print Clearly
Nominee information:

First and last name_____________________________________________________ Address: ____________________________________________________________ City: ________________________________________________________________ Zip Code: ____________________________________________________________ Contact Number: ______________________________________________________ Email:_______________________________________________________________ Nominator Information
Name of Nominator: ____________________________________________________ Relation to Nominee: ___________________________________________________ Email: _______________________________________________________________ Contact Number: _______________________________________________________ Please list any groups/organizations the nominee may belong to:
________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ _
What specific community service projects has the nominee participated in within the last 5 years? ________________________________________________________________________________ ________________________________________________________________________________ __
Please state reasons why you believe this resident should be recognized by the community for their contributions, positive influence, and role model qualities. ________________________________________________________________________________ ________________________________________________________________________________ Nominations should be submitted to Michelle Estabillo either by e-mail to [email protected] or drop off in person at:
18041 Saratoga Los Gatos Road,
Monte Sereno, CA 95030.
18041 Saratoga-Los Gatos Road
Monte Sereno, California 95030-4299
Telephone: 408.354.7635
Fax: 408.395.7653
www.cityofmontesereno.org

Citizen of the Year Nomination Form
Do you know an outstanding Monte Sereno resident? An individual who goes above and beyond the call to serve their community? If you do, please consider nominating your choice for Monte Sereno “Citizen of the Year.” The nomination period will begin June 1st and end August 1st. The chosen Monte Sereno Citizen of the Year will be honored by the Mayor of Monte Sereno at the annual Monte Sereno picnic August 21, 2022 11:30-2pm. Deadline to submit applications is Monday, August 1, 2022.

Please Print Clearly
Nominee information:

First and last name__ Kay Rhind ______________________________ Address: __18435 Twin Creeks Road_ __________________________ City: ___Monte Sereno______________________________________ Zip Code: ____95030________________________________________ Contact Number: ______408-316-6058_________________________ Email:[email protected]____________________________ Nominator Information
Name of Nominator: __ Yan Zhao___________________________________________ Relation to Nominee: ___Councilmember/former mayor, City of Saratoga__________ Email: [email protected]___________________________________ Contact Number: __408-206-9681__________________________________________ Please list any groups/organizations the nominee may belong to:

Twin creeks Neighborhood Watch Group
What specific community service projects has the nominee participated in within the last 5 years? Kay Rhind is a mover and shaker in the community, driving the creation of Monte Sereno’s Neighborhood Watch program in the Twin Creeks/Via Caballero area. There are 130 residents involved in this group, covering 60 homes. This group was created not only to address crime prevention issues, but also to strengthen the sense of community and promote unity in this Monte Sereno neighborhood.

Kay took the initiative, and, along with 3 team leaders, she recruited her neighbors, organized the group, and got people working together in planning to make their homes more secure. Kay implemented the processes enabling neighbors to be alert, watch out for each other and report activities that raise suspicions to LGMS law enforcement.

Please state reasons why you believe this resident should be recognized by the community for their contributions, positive influence, and role model qualities.

Kay takes the lead, communicating frequently with the Los Gatos Police department and Monte Sereno’s Emergency Preparedness group to coordinate events, meet-ups, and get-togethers in order to raise awareness when crimes and home break-ins. She organizes events where residents get to know each other and become the eyes and ears for their neighborhood. Kay and her team leaders were responsible for installing license plates readers, NW street signs, creating the protocols for reporting home break-ins, other crimes, suspicious activities, even unsafe motorists. They even help to make sure pets are safe.

But the work has not stopped here. Kay continues to be a vital force now planning to incorporate the LGMS CERT Program as part of the NW Group to include disaster preparedness, fire evacuation, search and rescue, and fostering a spirit of neighbors helping neighbors in the event of a natural disaster or other emergency. Kay and her team have worked with the Saratoga CERT organization to coordinate activities should the need arise. She also reached out to me to request to connect their neighborhood flocks with Saratoga Automatic License Plate Reader system, which is monitored by the Santa Clara Sheriff Department. She has organized her Neighborhood Watch group participating in community cleanups, block parties and other activities that strive to improve the quality of life in Monte Sereno and to make new and frequent connections.

Kay is a role model, exemplifying the qualities of citizenship that we would hope to see in all of our residents. I think she well deserves the title of Citizen of the Year. I hope you all agree.

Nominations should be submitted to Michelle Estabillo either by e-mail to [email protected] or drop off in person at:
18041 Saratoga Los Gatos Road,
Monte Sereno, CA 95030.

STAFF REPORT
Meeting: City Council - Aug 16 2022
Agenda Heading: NEW BUSINESS
Staff Contact: Steve Leonardis,
Department: City Manager
Title: Discuss and Consider City's Position on Legislative Bills Recommendation(s):

Staff recommends the City Council discuss and consider City position on various legislative bills.

Background Information:

On August 4, 2022, Mayor Ellahie requested that staff place an item on the August 16, 2022 agenda for Council to discuss and consider various legislative bills. Below is a brief summary of the bills being considered:

SB 92 (Portantino D) General plans: circulation element: bicycle and pedestrian plans and traffic calming plans.: SB 932 requires a county or city to include a map of the high injury network in its General Plan and would further require a county or city to identify and prioritize safety improvements that would address serious and injurious traffic collisions.

AB 2011 (Wicks D) Affordable Housing and High Roads Jobs Act of 2022: This bill would create the Affordable Housing and High Road Jobs Act of 2022, which would make certain housing developments that meet specified affordability and site criteria and objective development standards a use by right within a zone where office, retail, or parking are a principally permitted use, and would subject these development projects to one of 2 streamlined, ministerial review processes.

AB 916 (Salas D) Zoning: accessory dwelling units: bedroom addition: This bill would prohibit a city or county legislative body from adopting or enforcing an ordinance requiring a public hearing as a condition of reconfiguring existing space to increase the bedroom count within an existing dwelling unit.

SB 897 (Weickowski D) Accessory dwelling units: junior accessory dwelling units: This bill would require that the standards imposed on accessory dwelling units be objective. For purposes of this requirement, the bill would define "objective standard" as a standard that involves no personal or subjective judgment by a public official and is uniformly verifiable, as specified. The bill would also prohibit a local agency from denying an application for a permit to create an accessory dwelling unit due to the correction of nonconforming zoning conditions,

building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the accessory dwelling unit.

AB 2097 (Friedman D) Residential, commercial, or other development types: parking requirements: Prohibits public agencies from enforcing minimum automobile parking requirements for developments located close to public transit.

AB 1985 (Rivas, Robert D) Organic waste: recovered organic waste product procurement targets: This bill would require any penalties imposed by the department on a local jurisdiction that fails to meet its recovered organic waste procurement target to be imposed pursuant to a specified schedule based on the percentage of the local jurisdiction's recovered organic waste product procurement target achieved.

SB 833 (Dodd, B) Community Energy Resilience Act of 2022: This bill would require the commission to develop and implement a grant program to award grants through a noncompetitive process for local governments to develop community energy resilience plans that help achieve energy resilience objectives and state clean energy and air quality goals.

Fiscal Impact:

There are no unbudgeted fiscal impacts with this report.

Public Noticing:

The City Council’s agenda was posted at City Hall and the agenda and this report appear on the City’s website.

Attachments:

Bill Text CA SB932
Bill Text CA AB2011
Bill Text CA AB916
Bill Text CA SB897
Bill Text CA AB2097
Bill Text CA AB1985
Bill Text CA SB833

SENATE BILL NO. 932
Bill Text: CA SB932 | 2021-2022 | Regular Session | Amended California Senate Bill 932
Bill Title: General plans: circulation element: bicycle and pedestrian plans and traffic calming plans.

Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed) 2022-08-03 - August 3 set for first hearing. Placed on suspense file. [SB932 Detail] Download: California-2021-SB932-Amended.html
AMENDED IN ASSEMBLY JUNE 20, 2022
AMENDED IN SENATE MAY 04, 2022
AMENDED IN SENATE MARCH 23, 2022
CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION
Introduced by Senator Portantino
February 07, 2022
An act to amend Sections 65300.5 and 65302 of the Government Code, relating to land use.

LEGISLATIVE COUNSEL'S DIGEST
SB 932, as amended, Portantino. General plans: circulation element: bicycle and pedestrian plans and traffic calming plans.

Existing law states the Legislature’s intention that a county or city general plan and the elements and parts of that general plan comprise an integrated, internally consistent and compatible statement of policies for the adopting agency.

This bill would emphasize the intent of the Legislature to fight climate change with these provisions.

Existing law, the Planning and Zoning Law, requires the legislative body of a city or county to adopt a comprehensive general plan that includes various elements, including a circulation element. Existing law requires the circulation element to consist of the general location and extent of existing and proposed major thoroughfares, transportation routes, terminals, any military airports and ports, and other local public utilities and facilities. Existing law requires the legislative body, upon any substantive revision of the circulation element, to modify the circulation element to plan for a balanced, multimodal transportation network that meets the needs of all users of streets, roads, and highways for safe and convenient travel in a manner that is suitable to the rural, suburban, or urban context of the general plan. Existing law defines “users of streets, roads, and highways” to mean bicyclists, children, persons with disabilities, motorists, movers of commercial goods, pedestrians, users of public transportation, and seniors.

This bill would require the legislative body, upon the next any substantive revision of the circulation element, on or before June 30, 2024, after January 1, 2025, to develop or update the plan for a balanced, multimodal transportation network, as specified, and to ensure that the plan includes bicycle and pedestrian plans and traffic calming plans for any urbanized area, as defined, within the scope of the county or city general plan. By adding to the duties of county and city officials in the administration of their land use planning duties, this bill would impose a state-mandated local program.

This bill would require a county or city to begin implementation of the plan within 2 years of the date of adoption of the plan. The bill would allow a county or city to have 20 25 years to implement the plan. This bill would increase the 20-year 25-year implementation

period based on whether the measures introduced by a county or city work to reduce its percentage of traffic violence within a specified period of time. The bill would allow a county or city that fails to comply with the implementation provisions due to unforeseen circumstances to be exempt from the provisions upon a written finding, as specified.

Commencing January 1, 2024, 2025, this bill would allow a person injured within the right-of-way right-of-way, in specified areas, in a collision with a motor vehicle to have a cause of action for failure to comply with these provisions against specified counties. The bill would make this cause of action inoperative after January 1, 2028.

This bill would state the intent of the Legislature to create an annual grant program, relating to the above provisions, to award funding to any county or city upon a showing of its implementation of timely and effective short-term efforts to mitigate bicycle, pedestrian, and other human-powered transportation micromobility device, as defined, injuries and fatalities, as provided. The bill would define various terms for its purposes.

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

Statutory provisions establish procedures for making that reimbursement.

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

Digest Key
Vote: majority Appropriation: no Fiscal Committee: yes Local Program: yes Bill Text
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1. Section 65300.5 of the Government Code is amended to read:
65300.5. (a) In construing the provisions of this article, the Legislature intends that the general plan and elements and parts thereof comprise an integrated, internally consistent and compatible statement of policies for the adopting agency. (b) The Legislature intends that the provisions of this article, as stated in paragraph (4) of subdivision (g) of Section 65302, support and encourage communities in reaching the state’s environmental and climate objectives. Climate change causes catastrophic threats to lives, property, and resources in California, and continues to affect all parts of the Californian economy and environment. This provision is intended to encourage measures that enable communities to adapt to the impacts of climate change including, but not limited to, higher average temperatures, decreased air and water quality, the spread of infectious and vectorborne diseases, other public health impacts, extreme weather events, sea level rise, flooding, heat waves, wildfires, drought, and community planning and zoning development. and drought.

SEC. 2. Section 65302 of the Government Code is amended to read:
65302. The general plan shall consist of a statement of development policies and shall include a diagram or diagrams and text setting forth objectives, principles, standards, and plan proposals. The plan shall include the following elements:
(a) A land use element that designates the proposed general distribution and general location and extent of the uses of the land for housing, business, industry, open space, including agriculture, natural resources, recreation, and enjoyment of scenic beauty, education, public buildings and grounds, solid and liquid waste disposal facilities, greenways, as defined in Section 816.52 of the Civil Code, and other categories of public and private uses of land. The location and designation of the extent of the uses of the land for public and private uses shall consider the identification of land and natural resources pursuant to paragraph (3) of subdivision (d). The land use element shall include a statement of the standards of population density and building intensity recommended for the various districts and other territory covered by the plan. The land use element shall identify and annually review those areas covered by the plan that are subject to flooding identified by flood plain mapping prepared by the Federal Emergency Management Agency (FEMA) or the Department of Water Resources. The land use element shall also do both of the following:
(1) Designate in a land use category that provides for timber production those parcels of real property zoned for timberland production pursuant to the California Timberland Productivity Act of 1982 (Chapter 6.7 (commencing with Section 51100) of Part 1 of Division 1 of Title 5).
(2) Consider the impact of new growth on military readiness activities carried out on military bases, installations, and operating and training areas, when proposing zoning ordinances or designating land uses covered by the general plan for land, or other territory adjacent to military facilities, or underlying designated military aviation routes and airspace. (A) In determining the impact of new growth on military readiness activities, information provided by military facilities shall be considered. Cities and counties shall address military impacts based on information from the military and other sources. (B) The following definitions govern this paragraph:
(i) “Military readiness activities” mean all of the following:
(I) Training, support, and operations that prepare the members of the military for combat.

(II) Operation, maintenance, and security of any military installation. (III) Testing of military equipment, vehicles, weapons, and sensors for proper operation or suitability for combat use. (ii) “Military installation” means a base, camp, post, station, yard, center, homeport facility for any ship, or other activity under the jurisdiction of the United States Department of Defense as defined in paragraph (1) of subsection (e) of Section 2687 of Title 10 of the United States Code.
(b) (1) A circulation element consisting of the general location and extent of existing and proposed major thoroughfares, transportation routes, terminals, any military airports and ports, and other local public utilities and facilities, all correlated with the land use element of the plan.
(2) (A) Commencing January 1, 2011, upon any substantive revision of the circulation element, the legislative body shall modify the circulation element to plan for a balanced, multimodal transportation network that meets the needs of all users of streets, roads, and highways for safe and convenient travel in a manner that is suitable to the rural, suburban, or urban context of the general plan. (B) Upon the next any substantive revision of the circulation element on or after June 30, 2024, January 1, 2025, the legislative body shall develop or update the plan for a balanced, multimodal transportation network required by subparagraph (A), and shall ensure the plan includes the following for any urbanized area, as defined in Section 21071 of the Public Resources Code, area within the scope of the general plan:
(i) The development of and implementation of bicycle plans, pedestrian plans, and traffic calming plans for which implementation shall commence no later than two years from the date the circulation element is modified. The modified circulation element The bicycle plans, pedestrian plans, and traffic calming plans shall address all of the following:
(I)Use evidence-based strategies intended to eliminate traffic fatalities, with an emphasis on fatalities of bicyclists, pedestrians, and users of any other form of human-powered transportation. (II)
(I) Identify safety corridors and any land or facility that generates high concentrations of bicyclists or pedestrians, as those terms are defined in Section 22358.7 of the Vehicle Code, and include safety measures specific to those areas. pedestrians. (II) Use evidence-based strategies to develop safety measures specific to those areas that are intended to eliminate traffic fatalities, with an emphasis on fatalities of bicyclists, pedestrians, and users of any other form of micromobility device in the areas identified in subclause (I).
(III) Establish traffic calming measures around schools and parks, and within business activity districts, as defined in Section 22358.9 of the Vehicle Code. districts.
(ii) (I) A county or city shall begin implementation of the modified circulation element plan within two years of the date of adoption of the plan.
(II) A county or city shall complete implementation of the plan for a multimodal transportation network, including all bicycle plans, pedestrian plans, and traffic calming plans iterated in the modified circulation element, and the construction of any related infrastructure, within 20 25 years of the date of adoption of the modified circulation element. (III) A county or city shall have an additional 10 years to complete implementation if the circulation element contains measures that decrease traffic fatalities by at least 20 percent within the first 5 years of its implementation period, and the county or city implements those measures within those 5 years. (IV) A county or city shall not be required to comply with the requirements of this clause upon making a written finding based on substantial evidence that its failure to comply with the requirements of this clause are the result of unforeseen circumstances outside of the control of the county or city. (iii) (I) Beginning January 1, 2024, 2025, failure by a county or city to comply with the requirements of this subparagraph shall create a cause of action for bicyclists, pedestrians, and users of any other form of human-powered transportation micromobility device injured within the right-of-way in the areas identified in subclause (I) of clause (i) in a collision with a motor vehicle in high injury areas in the Counties of Alameda, Contra Costa, Los Angeles, Orange, Riverside, Sacramento, San Bernardino, San Diego, San Francisco, and Santa Clara. For the purposes of this subdivision, “high injury areas” means:
(ia)The 10 locations within a county or city that have the highest rate of incidents of injuries to bicyclists, pedestrians, and users of any other form of human-powered transportation. (ib)If less than 10 locations, the locations within a county or city that, when combined, account for 50.1 percent or more of all incidents of injuries to bicyclists, pedestrians, and users of any other form of human-powered transportation. (II) This clause shall become inoperative on January 1, 2028. (iv) For the purposes of this subparagraph, the following definitions shall apply:
(I) “Business activity district” has the same meaning as defined in Section 22358.9 of the Vehicle Code. (II) “Land facilities that generate high concentrations of bicyclists or pedestrians” has the same meaning as described in Section 22358.7 of the Vehicle Code.

(III) “Micromobility device” means a bicycle, electric bicycle, or motorized scooter as those terms are defined and described in Division 1 (commencing with Section 100) of the Vehicle Code. (IV) “Safety corridor” has the same meaning as defined in Section 22358.7 of the Vehicle Code. (V) “Urbanized area” has the same meaning as defined in Section 21071 of the Public Resources Code. (C) For purposes of this paragraph, “users of streets, roads, and highways” mean bicyclists, children, persons with disabilities, motorists, movers of commercial goods, pedestrians, users of public transportation, and seniors. (c) A housing element as provided in Article 10.6 (commencing with Section 65580). (d) (1) A conservation element for the conservation, development, and utilization of natural resources, including water and its hydraulic force, forests, soils, rivers and other waters, harbors, fisheries, wildlife, minerals, and other natural resources. The conservation element shall consider the effect of development within the jurisdiction, as described in the land use element, on natural resources located on public lands, including military installations. That portion of the conservation element including waters shall be developed in coordination with any countywide water agency and with all district and city agencies, including flood management, water conservation, or groundwater agencies that have developed, served, controlled, managed, or conserved water of any type for any purpose in the county or city for which the plan is prepared. Coordination shall include the discussion and evaluation of any water supply and demand information described in Section 65352.5, if that information has been submitted by the water agency to the city or county.
(2) The conservation element may also cover all of the following:
(A) The reclamation of land and waters.
(B) Prevention and control of the pollution of streams and other waters. (C) Regulation of the use of land in stream channels and other areas required for the accomplishment of the conservation plan. (D) Prevention, control, and correction of the erosion of soils, beaches, and shores. (E) Protection of watersheds.
(F) The location, quantity, and quality of the rock, sand, and gravel resources. (3) Upon the next revision of the housing element on or after January 1, 2009, the conservation element shall identify rivers, creeks, streams, flood corridors, riparian habitats, and land that may accommodate floodwater for purposes of groundwater recharge and stormwater management.
(e) An open-space element as provided in Article 10.5 (commencing with Section 65560). (f) (1) A noise element that shall identify and appraise noise problems in the community. The noise element shall analyze and quantify, to the extent practicable, as determined by the legislative body, current and projected noise levels for all of the following sources:
(A) Highways and freeways.
(B) Primary arterials and major local streets.
(C) Passenger and freight online railroad operations and ground rapid transit systems. (D) Commercial, general aviation, heliport, helistop, and military airport operations, aircraft overflights, jet engine test stands, and all other ground facilities and maintenance functions related to airport operation. (E) Local industrial plants, including, but not limited to, railroad classification yards. (F) Other ground stationary noise sources, including, but not limited to, military installations, identified by local agencies as contributing to the community noise environment.
(2) Noise contours shall be shown for all of these sources and stated in terms of community noise equivalent level (CNEL) or daynight average sound level (Ldn). The noise contours shall be prepared on the basis of noise monitoring or following generally accepted noise modeling techniques for the various sources identified in subparagraphs (A) to (F) of paragraph (1), inclusive. (3) The noise contours shall be used as a guide for establishing a pattern of land uses in the land use element that minimizes the exposure of community residents to excessive noise.
(4) The noise element shall include implementation measures and possible solutions that address existing and foreseeable noise problems, if any. The adopted noise element shall serve as a guideline for compliance with the state’s noise insulation standards. (g) (1) A safety element for the protection of the community from any unreasonable risks associated with the effects of seismically induced surface rupture, ground shaking, ground failure, tsunami, seiche, and dam failure; slope instability leading to mudslides and landslides; subsidence; liquefaction; and other seismic hazards identified pursuant to Chapter 7.8 (commencing with Section 2690) of Division 2 of the Public Resources Code, and other geologic hazards known to the legislative body; flooding; and wildland and urban fires. The safety element shall include mapping of known seismic and other geologic hazards. It shall also address evacuation routes, military installations, peakload water supply requirements, and minimum road widths and clearances around structures, as those items relate to identified fire and geologic hazards.

(2) The safety element, upon the next revision of the housing element on or after January 1, 2009, shall also do the following:
(A) Identify information regarding flood hazards, including, but not limited to, the following:
(i) Flood hazard zones. As used in this subdivision, “flood hazard zone” means an area subject to flooding that is delineated as either a special hazard area or an area of moderate or minimal hazard on an official flood insurance rate map issued by FEMA.

The identification of a flood hazard zone does not imply that areas outside the flood hazard zones or uses permitted within flood hazard zones will be free from flooding or flood damage. (ii) National Flood Insurance Program maps published by FEMA. (iii) Information about flood hazards that is available from the United States Army Corps of Engineers. (iv) Designated floodway maps that are available from the Central Valley Flood Protection Board. (v) Dam failure inundation maps prepared pursuant to Section 6161 of the Water Code that are available from the Department of Water Resources.
(vi) Awareness Floodplain Mapping Program maps and 200-year flood plain maps that are or may be available from, or accepted by, the Department of Water Resources.
(vii) Maps of levee protection zones.
(viii) Areas subject to inundation in the event of the failure of project or nonproject levees or floodwalls. (ix) Historical data on flooding, including locally prepared maps of areas that are subject to flooding, areas that are vulnerable to flooding after wildfires, and sites that have been repeatedly damaged by flooding. (x) Existing and planned development in flood hazard zones, including structures, roads, utilities, and essential public facilities. (xi) Local, state, and federal agencies with responsibility for flood protection, including special districts and local offices of emergency services.
(B) Establish a set of comprehensive goals, policies, and objectives based on the information identified pursuant to subparagraph (A), for the protection of the community from the unreasonable risks of flooding, including, but not limited to:
(i) Avoiding or minimizing the risks of flooding to new development. (ii) Evaluating whether new development should be located in flood hazard zones, and identifying construction methods or other methods to minimize damage if new development is located in flood hazard zones. (iii) Maintaining the structural and operational integrity of essential public facilities during flooding. (iv) Locating, when feasible, new essential public facilities outside of flood hazard zones, including hospitals and health care facilities, emergency shelters, fire stations, emergency command centers, and emergency communications facilities or identifying construction methods or other methods to minimize damage if these facilities are located in flood hazard zones. (v) Establishing cooperative working relationships among public agencies with responsibility for flood protection. (C) Establish a set of feasible implementation measures designed to carry out the goals, policies, and objectives established pursuant to subparagraph (B).
(3) Upon the next revision of the housing element on or after January 1, 2014, the safety element shall be reviewed and updated as necessary to address the risk of fire for land classified as state responsibility areas, as defined in Section 4102 of the Public Resources Code, and land classified as very high fire hazard severity zones, as defined in Section 51177. This review shall consider the advice included in the Office of Planning and Research’s most recent publication of “Fire Hazard Planning, General Plan Technical Advice Series” and shall also include all of the following:
(A) Information regarding fire hazards, including, but not limited to, all of the following:
(i) Fire hazard severity zone maps available from the Office of the State Fire Marshal. (ii) Any historical data on wildfires available from local agencies or a reference to where the data can be found. (iii) Information about wildfire hazard areas that may be available from the United States Geological Survey. (iv) General location and distribution of existing and planned uses of land in very high fire hazard severity zones and in state responsibility areas, including structures, roads, utilities, and essential public facilities. The location and distribution of planned uses of land shall not require defensible space compliance measures required by state law or local ordinance to occur on publicly owned lands or open space designations of homeowner associations. (v) Local, state, and federal agencies with responsibility for fire protection, including special districts and local offices of emergency services.
(B) A set of goals, policies, and objectives based on the information identified pursuant to subparagraph (A) for the protection of the community from the unreasonable risk of wildfire.

(C) A set of feasible implementation measures designed to carry out the goals, policies, and objectives based on the information identified pursuant to subparagraph (B), including, but not limited to, all of the following:
(i) Avoiding or minimizing the wildfire hazards associated with new uses of land. (ii) Locating, when feasible, new essential public facilities outside of high fire risk areas, including, but not limited to, hospitals and health care facilities, emergency shelters, emergency command centers, and emergency communications facilities, or identifying construction methods or other methods to minimize damage if these facilities are located in a state responsibility area or very high fire hazard severity zone.
(iii) Designing adequate infrastructure if a new development is located in a state responsibility area or in a very high fire hazard severity zone, including safe access for emergency response vehicles, visible street signs, and water supplies for structural fire suppression.
(iv) Working cooperatively with public agencies with responsibility for fire protection. (D) If a city or county has adopted a fire safety plan or document separate from the general plan, an attachment of, or reference to, a city or county’s adopted fire safety plan or document that fulfills commensurate goals and objectives and contains information required pursuant to this paragraph.
(4) Upon the next revision of a local hazard mitigation plan, adopted in accordance with the federal Disaster Mitigation Act of 2000 (Public Law 106-390), on or after January 1, 2017, or, if a local jurisdiction has not adopted a local hazard mitigation plan, beginning on or before January 1, 2022, the safety element shall be reviewed and updated as necessary to address climate adaptation and resiliency strategies applicable to the city or county. This review shall consider advice provided in the Office of Planning and Research’s General Plan Guidelines and shall include all of the following:
(A) (i) A vulnerability assessment that identifies the risks that climate change poses to the local jurisdiction and the geographic areas at risk from climate change impacts, including, but not limited to, an assessment of how climate change may affect the risks addressed pursuant to paragraphs (2) and (3).
(ii) Information that may be available from federal, state, regional, and local agencies that will assist in developing the vulnerability assessment and the adaptation policies and strategies required pursuant to subparagraph (B), including, but not limited to, all of the following:
(I) Information from the internet-based Cal-Adapt tool. (II) Information from the most recent version of the California Adaptation Planning Guide. (III) Information from local agencies on the types of assets, resources, and populations that will be sensitive to various climate change exposures.
(IV) Information from local agencies on their current ability to deal with the impacts of climate change. (V) Historical data on natural events and hazards, including locally prepared maps of areas subject to previous risk, areas that are vulnerable, and sites that have been repeatedly damaged. (VI) Existing and planned development in identified at-risk areas, including structures, roads, utilities, and essential public facilities.
(VII) Federal, state, regional, and local agencies with responsibility for the protection of public health and safety and the environment, including special districts and local offices of emergency services. (B) A set of adaptation and resilience goals, policies, and objectives based on the information specified in subparagraph (A) for the protection of the community.
(C) A set of feasible implementation measures designed to carry out the goals, policies, and objectives identified pursuant to subparagraph (B), including, but not limited to, all of the following:
(i) Feasible methods to avoid or minimize climate change impacts associated with new uses of land. (ii) The location, when feasible, of new essential public facilities outside of at-risk areas, including, but not limited to, hospitals and health care facilities, emergency shelters, emergency command centers, and emergency communications facilities, or identifying construction methods or other methods to minimize damage if these facilities are located in at-risk areas. (iii) The designation of adequate and feasible infrastructure located in an at-risk area. (iv) Guidelines for working cooperatively with relevant local, regional, state, and federal agencies. (v) The identification of natural infrastructure that may be used in adaptation projects, where feasible. Where feasible, the plan shall use existing natural features and ecosystem processes, or the restoration of natural features and ecosystem processes, when developing alternatives for consideration. For purposes of this clause, “natural infrastructure” means using natural ecological systems or processes to reduce vulnerability to climate change related hazards, or other related climate change effects, while increasing the long-term adaptive capacity of coastal and inland areas by perpetuating or restoring ecosystem services. This includes, but is not limited to, the conservation, preservation, or sustainable management of any form of aquatic or terrestrial vegetated open space, such as beaches, dunes, tidal marshes, reefs, seagrass, parks, rain gardens, and urban

tree canopies. It also includes systems and practices that use or mimic natural processes, such as permeable pavements, bioswales, and other engineered systems, such as levees that are combined with restored natural systems, to provide clean water, conserve ecosystem values and functions, and provide a wide array of benefits to people and wildlife. (D) (i) If a city or county has adopted the local hazard mitigation plan, or other climate adaptation plan or document that fulfills commensurate goals and objectives and contains the information required pursuant to this paragraph, separate from the general plan, an attachment of, or reference to, the local hazard mitigation plan or other climate adaptation plan or document. (ii) Cities or counties that have an adopted hazard mitigation plan, or other climate adaptation plan or document that substantially complies with this section, or have substantially equivalent provisions to this subdivision in their general plans, may use that information in the safety element to comply with this subdivision, and shall summarize and incorporate by reference into the safety element the other general plan provisions, climate adaptation plan or document, specifically showing how each requirement of this subdivision has been met.
(5) Upon the next revision of the housing element on or after January 1, 2020, the safety element shall be reviewed and updated as necessary to identify residential developments in any hazard area identified in the safety element that do not have at least two emergency evacuation routes.
(6) After the initial revision of the safety element pursuant to paragraphs (2), (3), (4), and (5), the planning agency shall review and, if necessary, revise the safety element upon each revision of the housing element or local hazard mitigation plan, but not less than once every eight years, to identify new information relating to flood and fire hazards and climate adaptation and resiliency strategies applicable to the city or county that was not available during the previous revision of the safety element. (7) Cities and counties that have flood plain management ordinances that have been approved by FEMA that substantially comply with this section, or have substantially equivalent provisions to this subdivision in their general plans, may use that information in the safety element to comply with this subdivision, and shall summarize and incorporate by reference into the safety element the other general plan provisions or the flood plain ordinance, specifically showing how each requirement of this subdivision has been met. (8) Before the periodic review of its general plan and before preparing or revising its safety element, each city and county shall consult the California Geological Survey of the Department of Conservation, the Central Valley Flood Protection Board, if the city or county is located within the boundaries of the Sacramento and San Joaquin Drainage District, as set forth in Section 8501 of the Water Code, and the Office of Emergency Services for the purpose of including information known by and available to the department, the agency, and the board required by this subdivision. (9) To the extent that a county’s safety element is sufficiently detailed and contains appropriate policies and programs for adoption by a city, a city may adopt that portion of the county’s safety element that pertains to the city’s planning area in satisfaction of the requirement imposed by this subdivision.
(h) (1) An environmental justice element, or related goals, policies, and objectives integrated in other elements, that identifies disadvantaged communities within the area covered by the general plan of the city, county, or city and county, if the city, county, or city and county has a disadvantaged community. The environmental justice element, or related environmental justice goals, policies, and objectives integrated in other elements, shall do all of the following:
(A) Identify objectives and policies to reduce the unique or compounded health risks in disadvantaged communities by means that include, but are not limited to, the reduction of pollution exposure, including the improvement of air quality, and the promotion of public facilities, food access, safe and sanitary homes, and physical activity. (B) Identify objectives and policies to promote civic engagement in the public decisionmaking process. (C) Identify objectives and policies that prioritize improvements and programs that address the needs of disadvantaged communities.
(2) A city, county, or city and county subject to this subdivision shall adopt or review the environmental justice element, or the environmental justice goals, policies, and objectives in other elements, upon the adoption or next revision of two or more elements concurrently on or after January 1, 2018.
(3) By adding this subdivision, the Legislature does not intend to require a city, county, or city and county to take any action prohibited by the United States Constitution or the California Constitution. (4) For purposes of this subdivision, the following terms shall apply:
(A) “Disadvantaged communities” means an area identified by the California Environmental Protection Agency pursuant to Section 39711 of the Health and Safety Code or an area that is a low-income area that is disproportionately affected by environmental pollution and other hazards that can lead to negative health effects, exposure, or environmental degradation. (B) “Public facilities” includes public improvements, public services, and community amenities, as defined in subdivision (d) of Section 66000.
(C) “Low-income area” means an area with household incomes at or below 80 percent of the statewide median income or with household incomes at or below the threshold designated as low income by the Department of Housing and Community Development’s list of state income limits adopted pursuant to Section 50093 of the Health and Safety Code.

SEC. 3. It is the intent of the Legislature to create an annual grant program, and an appropriation thereof, to be awarded to any county or city for the purposes of meeting the requirements of Section 65302 of the Government Code, as amended by this act, upon a

showing of its implementation of timely and effective short-term efforts to mitigate bicycle, pedestrian, and other human-powered transportation injuries and fatalities. micromobility device injuries and fatalities, as that term is defined in subclause (III) of clause (iv) of subparagraph (B) of paragraph (2) of subdivision (b). It is the intent of the Legislature that the creation of this grant program will incentivize any county or city with few financial resources to take small, affordable steps towards fulfilling its traffic and street safety goals.

SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.

ASSEMBLY BILL NO. 2011
Bill Text: CA AB2011 | 2021-2022 | Regular Session | Amended California Assembly Bill 2011
Bill Title: Affordable Housing and High Road Jobs Act of 2022.

Spectrum: Strong Partisan Bill (Democrat 13-1)
Status: (Engrossed) 2022-08-02 - In committee: Referred to suspense file. [AB2011 Detail] Download: California-2021-AB2011-Amended.html
AMENDED IN SENATE JUNE 23, 2022
AMENDED IN SENATE JUNE 14, 2022
AMENDED IN ASSEMBLY MAY 11, 2022
AMENDED IN ASSEMBLY APRIL 18, 2022
AMENDED IN ASSEMBLY MARCH 24, 2022
CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION
Introduced by Assembly Members Wicks, Bloom, Grayson, Quirk-Silva, and Villapudua (Principal coauthor: Senator Wiener)
(Coauthors: Assembly Members Alvarez, Berman, Mike Fong, Mayes, Reyes, Quirk, Robert Rivas, and Blanca Rubio) February 14, 2022
An act to amend Sections 65400 and 65585 of, and to add Chapter 4.1 (commencing with Section 65912.100) to, to Division 1 of Title 7 of of, the Government Code, relating to housing.

LEGISLATIVE COUNSEL'S DIGEST
AB 2011, as amended, Wicks. Affordable Housing and High Road Jobs Act of 2022.

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

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

This bill would require the Labor Commissioner to enforce the obligation to pay prevailing wages. The bill would require a development proponent for a development of 50 or more housing units approved by a local government pursuant to the above-described provisions to require construction contractors to participate in an apprenticeship program or request dispatch of apprentices from a statePage 61 of 118 approved apprenticeship program, and to make specified health care expenditures for construction craft employees. The bill would require the development proponent to certify compliance with those requirements to the local government and to report monthly to the local government that they are in compliance with those requirements. The bill would subject the development proponent and the construction contractors and subcontractors to specified civil penalties for failing to comply with those requirements, and would require the penalty funds to be deposited in the State Public Works Enforcement Fund. The bill would prohibit a local government from imposing any requirement, including increased fees, on the basis that the project is eligible to receive ministerial or streamlined approval. Because the bill would impose new duties on local governments, the bill would impose a state-mandated local program.

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

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

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

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

The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. CEQA does not apply to the approval of ministerial projects.

The
This bill would define “use by right” for purposes of the Affordable Housing and High Road Jobs Act of 2022, in part, as a development project that is not a project for purposes of CEQA, and the approval process established by this bill would be ministerial in nature, thereby exempting the approval of development projects subject to that approval process from CEQA.

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

Statutory provisions establish procedures for making that reimbursement.

This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.

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

Digest Key
Vote: majority Appropriation: no Fiscal Committee: yes Local Program: yes Bill Text
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1. Section 65400 of the Government Code is amended to read:
65400. (a) After the legislative body has adopted all or part of a general plan, the planning agency shall do both of the following:
(1) Investigate and make recommendations to the legislative body regarding reasonable and practical means for implementing the general plan or element of the general plan, so that it will serve as an effective guide for orderly growth and development, preservation and conservation of open-space land and natural resources, and the efficient expenditure of public funds relating to the subjects addressed in the general plan.
(2) Provide by April 1 of each year an annual report to the legislative body, the Office of Planning and Research, and the Department of Housing and Community Development that includes all of the following:
(A) The status of the plan and progress in its implementation. (B) (i) The progress in meeting its share of regional housing needs determined pursuant to Section 65584 and local efforts to remove governmental constraints to the maintenance, improvement, and development of housing pursuant to paragraph (3) of subdivision (c) of Section 65583.

(ii) The housing element portion of the annual report, as required by this paragraph, shall be prepared through the use of standards, forms, and definitions adopted by the Department of Housing and Community Development. The department may review, adopt, amend, and repeal the standards, forms, or definitions, to implement this article. Any standards, forms, or definitions adopted to implement this article shall not be subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2. Before and after adoption of the forms, the housing element portion of the annual report shall include a section that describes the actions taken by the local government towards completion of the programs and status of the local government’s compliance with the deadlines in its housing element. That report shall be considered at an annual public meeting before the legislative body where members of the public shall be allowed to provide oral testimony and written comments.
(iii) The report may include the number of units that have been completed pursuant to subdivision (c) of Section 65583.1. For purposes of this paragraph, committed assistance may be executed throughout the planning period, and the program under paragraph (1) of subdivision (c) of Section 65583.1 shall not be required. The report shall document how the units meet the standards set forth in that subdivision.
(iv) The planning agency shall include the number of units in a student housing development for lower income students for which the developer of the student housing development was granted a density bonus pursuant to subparagraph (F) of paragraph (1) of subdivision (b) of Section 65915.
(C) The number of housing development applications received in the prior year. (D) The number of units included in all development applications in the prior year. (E) The number of units approved and disapproved in the prior year. (F) The degree to which its approved general plan complies with the guidelines developed and adopted pursuant to Section 65040.2 and the date of the last revision to the general plan. (G) A listing of sites rezoned to accommodate that portion of the city’s or county’s share of the regional housing need for each income level that could not be accommodated on sites identified in the inventory required by paragraph (1) of subdivision (c) of Section 65583 and Section 65584.09. The listing of sites shall also include any additional sites that may have been required to be identified by Section 65863.
(H) The number of net new units of housing, including both rental housing and for-sale housing and any units that the County of Napa or the City of Napa may report pursuant to an agreement entered into pursuant to Section 65584.08, that have been issued a completed entitlement, a building permit, or a certificate of occupancy, thus far in the housing element cycle, and the income category, by area median income category, that each unit of housing satisfies. That production report shall, for each income category described in this subparagraph, distinguish between the number of rental housing units and the number of for-sale units that satisfy each income category. The production report shall include, for each entitlement, building permit, or certificate of occupancy, a unique site identifier that must include the assessor’s parcel number, but may include street address, or other identifiers.
(I) The number of applications submitted pursuant to subdivision (a) of Section 65913.4, the location and the total number of developments approved pursuant to subdivision (c) of Section 65913.4, the total number of building permits issued pursuant to subdivision (c) of Section 65913.4, the total number of units including both rental housing and for-sale housing by area median income category constructed using the process provided for in subdivision (c) of Section 65913.4. (J) If the city or county has received funding pursuant to the Local Government Planning Support Grants Program (Chapter 3.1 (commencing with Section 50515) of Part 2 of Division 31 of the Health and Safety Code), the information required pursuant to subdivision (a) of Section 50515.04 of the Health and Safety Code. (K) The progress of the city or county in adopting or amending its general plan or local open-space element in compliance with its obligations to consult with California Native American tribes, and to identify and protect, preserve, and mitigate impacts to places, features, and objects described in Sections 5097.9 and 5097.993 of the Public Resources Code, pursuant to Chapter 905 of the Statutes of 2004.
(L) The following information with respect to density bonuses granted in accordance with Section 65915:
(i) The number of density bonus applications received by the city or county. (ii) The number of density bonus applications approved by the city or county. (iii) Data from a sample of projects, selected by the planning agency, approved to receive a density bonus from the city or county, including, but not limited to, the percentage of density bonus received, the percentage of affordable units in the project, the number of other incentives or concessions granted to the project, and any waiver or reduction of parking standards for the project.
(M) The following information with respect to each application submitted pursuant to Chapter 4.1 (commencing with Section 65912.100):
(i) The location of the project.
(ii) The status of the project, including whether it has been entitled, whether a building permit has been issued, and whether or not it has been completed.

(iii) The number of units in the project.
(iv) The number of units in the project that are rental housing. (v) The number of units in the project that are for-sale housing. (vi) The household income category of the units, as determined pursuant to subdivision (f) of Section 65584. (b) If a court finds, upon a motion to that effect, that a city, county, or city and county failed to submit, within 60 days of the deadline established in this section, the housing element portion of the report required pursuant to subparagraph (B) of paragraph (2) of subdivision (a) that substantially complies with the requirements of this section, the court shall issue an order or judgment compelling compliance with this section within 60 days. If the city, county, or city and county fails to comply with the court’s order within 60 days, the plaintiff or petitioner may move for sanctions, and the court may, upon that motion, grant appropriate sanctions. The court shall retain jurisdiction to ensure that its order or judgment is carried out. If the court determines that its order or judgment is not carried out within 60 days, the court may issue further orders as provided by law to ensure that the purposes and policies of this section are fulfilled. This subdivision applies to proceedings initiated on or after the first day of October following the adoption of forms and definitions by the Department of Housing and Community Development pursuant to paragraph (2) of subdivision (a), but no sooner than six months following that adoption.
(c) The Department of Housing and Community Development shall post a report submitted pursuant to this section on its internet website within a reasonable time of receiving the report.

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

(i) (1) (A) The department shall review any action or failure to act by the city, county, or city and county that it determines is inconsistent with an adopted housing element or Section 65583, including any failure to implement any program actions included in the housing element pursuant to Section 65583. The department shall issue written findings to the city, county, or city and county as to whether the action or failure to act substantially complies with this article, and provide a reasonable time no longer than 30 days for the city, county, or city and county to respond to the findings before taking any other action authorized by this section, including the action authorized by subparagraph (B).
(B) If the department finds that the action or failure to act by the city, county, or city and county does not substantially comply with this article, and if it has issued findings pursuant to this section that an amendment to the housing element substantially complies with this article, the department may revoke its findings until it determines that the city, county, or city and county has come into compliance with this article.
(2) The department may consult with any local government, public agency, group, or person, and shall receive and consider any written comments from any public agency, group, or person, regarding the action or failure to act by the city, county, or city and county described in paragraph (1), in determining whether the housing element substantially complies with this article. (j) The department shall notify the city, county, or city and county and may notify the office of the Attorney General that the city, county, or city and county is in violation of state law if the department finds that the housing element or an amendment to this element, or any action or failure to act described in subdivision (i), does not substantially comply with this article or that any local government has taken an action in violation of the following:
(1) Housing Accountability Act (Section 65589.5).
(2) Section 65863.
(3) Chapter 4.3 (commencing with Section 65915.) 65915). (4) Section 65008.
(5) Housing Crisis Act of 2019 (Chapter 654, Statutes of 2019, Sections 65941.1, 65943, and 66300). (6) Section 8899.50.
(7) Section 65913.4.
(8) Article 11 (commencing with Section 65650).
(9) Article 12 (commencing with Section 65660).
(10) Section 65913.11.
(11) Chapter 4.1 (commencing with Section 65912.100).
(k) Commencing July 1, 2019, prior to the Attorney General bringing any suit for a violation of the provisions identified in subdivision (j) related to housing element compliance and seeking remedies available pursuant to this subdivision, the department shall offer the jurisdiction the opportunity for two meetings in person or via telephone to discuss the violation, and shall provide the jurisdiction written findings regarding the violation. This paragraph does not affect any action filed prior to the effective date of this section. The requirements set forth in this subdivision do not apply to any suits brought for a violation or violations of paragraphs (1) and (3) to (9), inclusive, of subdivision (j).
(l) In any action or special proceeding brought by the Attorney General relating to housing element compliance pursuant to a notice or referral under subdivision (j), the Attorney General may request, upon a finding of the court that the housing element does not substantially comply with the requirements of this article pursuant to this section, that the court issue an order or judgment directing the jurisdiction to bring its housing element into substantial compliance with the requirements of this article. The court shall retain jurisdiction to ensure that its order or judgment is carried out. If a court determines that the housing element of the jurisdiction substantially complies with this article, it shall have the same force and effect, for purposes of eligibility for any financial assistance that requires a housing element in substantial compliance and for purposes of any incentives provided under Section 65589.9, as a determination by the department that the housing element substantially complies with this article. (1) If the jurisdiction has not complied with the order or judgment after 12 months, the court shall conduct a status conference.

Following the status conference, upon a determination that the jurisdiction failed to comply with the order or judgment compelling substantial compliance with the requirements of this article, the court shall impose fines on the jurisdiction, which shall be deposited into the Building Homes and Jobs Trust Fund. Any fine levied pursuant to this paragraph shall be in a minimum amount of ten thousand dollars ($10,000) per month, but shall not exceed one hundred thousand dollars ($100,000) per month, except as provided in paragraphs (2) and (3). In the event that the jurisdiction fails to pay fines imposed by the court in full and on time, the court may require the Controller to intercept any available state and local funds and direct such funds to the Building Homes and Jobs Trust Fund to correct the jurisdiction’s failure to pay. The intercept of the funds by the Controller for this purpose shall not violate any provision of the California Constitution.
(2) If the jurisdiction has not complied with the order or judgment after three months following the imposition of fees described in paragraph (1), the court shall conduct a status conference. Following the status conference, if the court finds that the fees imposed pursuant to paragraph (1) are insufficient to bring the jurisdiction into compliance with the order or judgment, the court may multiply the fine determined pursuant to paragraph (1) by a factor of three. In the event that the jurisdiction fails to pay fines imposed by the court in full and on time, the court may require the Controller to intercept any available state and local funds and direct such funds to

the Building Homes and Jobs Trust Fund to correct the jurisdiction’s failure to pay. The intercept of the funds by the Controller for this purpose shall not violate any provision of the California Constitution. (3) If the jurisdiction has not complied with the order or judgment six months following the imposition of fees described in paragraph (1), the court shall conduct a status conference. Upon a determination that the jurisdiction failed to comply with the order or judgment, the court may impose the following:
(A) If the court finds that the fees imposed pursuant to paragraphs (1) and (2) are insufficient to bring the jurisdiction into compliance with the order or judgment, the court may multiply the fine determined pursuant to paragraph (1) by a factor of six.

In the event that the jurisdiction fails to pay fines imposed by the court in full and on time, the court may require the Controller to intercept any available state and local funds and direct such funds to the Building Homes and Jobs Trust Fund to correct the jurisdiction’s failure to pay. The intercept of the funds by the Controller for this purpose shall not violate any provision of the California Constitution.
(B) The court may order remedies available pursuant to Section 564 of the Code of Civil Procedure, under which the agent of the court may take all governmental actions necessary to bring the jurisdiction’s housing element into substantial compliance pursuant to this article in order to remedy identified deficiencies. The court shall determine whether the housing element of the jurisdiction substantially complies with this article and, once the court makes that determination, it shall have the same force and effect, for all purposes, as the department’s determination that the housing element substantially complies with this article. An agent appointed pursuant to this paragraph shall have expertise in planning in California. (4) This subdivision does not limit a court’s discretion to apply any and all remedies in an action or special proceeding for a violation of any law identified in subdivision (j).
(m) In determining the application of the remedies available under subdivision (l), the court shall consider whether there are any mitigating circumstances delaying the jurisdiction from coming into compliance with state housing law. The court may consider whether a city, county, or city and county is making a good faith effort to come into substantial compliance or is facing substantial undue hardships.
(n) Nothing in this section shall limit the authority of the office of the Attorney General to bring a suit to enforce state law in an independent capacity. The office of the Attorney General may seek all remedies available under law including those set forth in this section.
(o) Notwithstanding Sections 11040 and 11042, if the Attorney General declines to represent the department in any action or special proceeding brought pursuant to a notice or referral under subdivision (j) the department may appoint or contract with other counsel for purposes of representing the department in the action or special proceeding. (p) Notwithstanding any other provision of law, the statute of limitations set forth in subdivision (a) of Section 338 of the Code of Civil Procedure shall apply to any action or special proceeding brought by the Office of the Attorney General or pursuant to a notice or referral under subdivision (j), or by the department pursuant to subdivision (o).

SEC. 3. Chapter 4.1 (commencing with Section 65912.100) is added to Division 1 of Title 7 of the Government Code, to read:

CHAPTER 4.1. Affordable Housing and High Road Jobs Act of 2022 Article 1. General Provisions
65912.100. This chapter shall be known and cited as the Affordable Housing and High Road Jobs Act of 2022. 65912.101. For purposes of this chapter, the following terms have the following meanings:
(a) “Commercial corridor” means a highway, as defined in Section 360 of the Vehicle Code, that is not a freeway, as defined in Section 332 of the Vehicle Code, and that has a right-of-way, as defined in Section 525 of the Vehicle Code, of at least 70 and not greater than 150 feet.
(b) “Development proponent” means a developer who submits a housing development project application to a local government under the streamlined, ministerial review process pursuant to this chapter. (c) “Extremely low income households” has the same meaning as defined in Section 50106 of the Health and Safety Code. (c)
(d) “Health care expenditures” include contributions under Sections 501(c) or (d) or 401(a) of the Internal Revenue Code and payments toward “medical care” as defined under Section 213(d)(1) of the Internal Revenue Code. (e) “Housing development project” has the same meaning as defined in Section 65589.5. (d)
(f) “Industrial use” means utilities, manufacturing, transportation storage and maintenance facilities, and warehousing uses. “Industrial use” does not include power substations or utility conveyances such as power lines, broadband wires, and pipes. (g) “Local affordable housing requirement” means either of the following:

(1) A local government requirement, as a condition of development of residential units, that a housing development project include a certain percentage of units affordable to, and occupied by, extremely low, very low, lower, and moderate-income households as a condition of development of residential units.
(2) A local government requirement allowing a housing development project to be a use by right if the project includes a certain percentage of units affordable to, and occupied by, extremely low, very low, lower, and moderate-income households as a condition of development of residential units.
(e)
(h) “Local government” means a city, including a charter city, a county, including a charter county, or a city and county, including a charter city and county.
(i) Lower income households” has the same meaning as defined in Section 50079.5 of the Health and Safety Code. (f)
(j) “Major transit stop” has the same meaning as defined in subdivision (b) of Section 21155 of the Public Resources Code. (k) “Moderate-income households” means households of persons and families of moderate income, as defined in Section 50093 of the Health and Safety Code.
(l) “Multifamily” means a property with five or more housing units. (g)
(m) “Neighborhood plan” means a specific plan adopted pursuant to Article 8 (commencing with Section 65450) of Chapter 3, or an area plan, precise plan, urban village plan, or master plan that has been adopted by a local government. (h)
(n) “Principally permitted use” means a use that may occupy more than one-third of the square footage of designated use on the site and does not require a conditional use permit.
(i)
(o) “Side street” means a highway, as defined in Section 360 of the Vehicle Code, that is not a freeway, as defined in Section 332 of the Vehicle Code, and that has a right-of-way, as defined in Section 525 of the Vehicle Code, of at least 25 and fewer than 70 feet. (j)
(p) “Urban uses” means any current or former residential, commercial, public institutional, transit or transportation passenger facility, or retail use, or any combination of those uses.
(q) “Use by right” means a development project that satisfies both of the following conditions:
(1) The development project does not require a conditional use permit, planned unit development permit, or other discretionary local government review.
(2) The development project is not a “project” for purposes of Division 13 (commencing with Section 21000) of the Public Resources Code.
(r) “Very low income households” has the same meaning as defined in Section 50105 of the Health and Safety Code. 65912.102. The department may review, adopt, amend, and repeal guidelines to implement uniform standards or criteria that supplement or clarify the terms, references, or standards set forth in this chapter. Any guidelines or terms adopted pursuant to this section are not subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. 65912.103. For purposes of establishing the total number of units in a development under this chapter, a development project includes both of the following:
(a) All projects developed on a site, regardless of when those developments occur. (b) All projects developed on sites adjacent to a site developed pursuant to this chapter if, after January 1, 2022, the adjacent site had been subdivided from the site developed pursuant to this chapter.

Article 2. Affordable Housing Developments in Commercial Zones 65912.110. Notwithstanding any inconsistent provision of a local government’s general plan, specific plan, zoning ordinance, or regulation, a housing development shall be a use by right within a zone where office, retail, or parking are a principally permitted use and shall be subject to streamlined, ministerial review pursuant to Section 65912.114 if the proposed housing development satisfies all of the requirements in Sections 65912.111, 65912.112, and 65912.113. 65912.111. A development project shall not be subject to the streamlined, ministerial review process provided by Section 65912.114 unless the development is proposed to be located on a site that satisfies all of the following criteria:

(a) It is a legal parcel or parcels that meet either of the following:
(1) It is within a city where the city boundaries include some portion of either an urbanized area or urban cluster, as designated by the United States Census Bureau.
(2) It is in an unincorporated area, and the legal parcel or parcels are wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau. (b) At least 75 percent of the perimeter of the site adjoins parcels that are developed with urban uses. For purposes of this subdivision, parcels that are only separated by a street or highway shall be considered to be adjoined. (c) (1) It is not on a site or adjoined to any site where more than one-third of the square footage on the site is dedicated to industrial use.
(2) For purposes of this subdivision, parcels only separated by a street or highway shall be considered to be adjoined. (3) For purposes of this subdivision, “dedicated to industrial use” means either of the following:
(A) The square footage is currently being used as an industrial use. (B) The most recently permitted use of the square footage is an industrial use. (d) It satisfies the requirements specified in subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) of Section 65913.4. (e) It is not located within 500 feet of a freeway, as defined in Section 332 of the Vehicle Code. (f) It is not an existing parcel of land or site that is governed under the Mobilehome Residency Law (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2 of Division 2 of the Civil Code), the Recreational Vehicle Park Occupancy Law (Chapter 2.6 (commencing with Section 799.20) of Title 2 of Part 2 of Division 2 of the Civil Code), the Mobilehome Parks Act (Part 2.1 (commencing with Section 18200) of Division 13 of the Health and Safety Code), or the Special Occupancy Parks Act (Part 2.3 (commencing with Section 18860) of Division 13 of the Health and Safety Code). (g) For a site within a neighborhood plan area, the site satisfies both of the following conditions:
(1) The neighborhood plan applicable to the site was adopted on or before January 1, 2024, and a notice of preparation was issued before January 1, 2022, pursuant to the requirements of Sections 21080.4 and 21092 of the Public Resources Code. (2) The neighborhood plan applicable to the site allows residential use a multifamily housing development project on the site. (h) For a vacant site, it does not contain tribal cultural resources as defined by Section 21074 of the Public Resources Code that could be affected by the development that were found pursuant to a consultation as described by Section 21080.3.1 of the Public Resources Code and the effects of which cannot be mitigated pursuant to the process described in Section 21080.3.2 of the Public Resources Code.
65912.112. A development project shall not be subject to the streamlined, ministerial review process provided by Section 65912.114 unless the development proposal meets all of the following affordability criteria:
(a) One hundred percent of the units within the development project, excluding managers’ units, shall be dedicated to lower income households, as defined in Section 50079.5 of the Health and Safety Code, households at an affordable cost, as defined by Section 50052.5, 50052.5 of the Health and Safety Code, or an affordable rent set in an amount consistent with the rent limits established by the California Tax Credit Allocation Committee.
(b) The units shall be subject to a recorded deed restriction for a period of 55 years for rental units and 45 years for owner-occupied units.
65912.113. A development project shall not be subject to the streamlined, ministerial review process provided by Section 65912.114 unless the development proposal meets all of the following objective development standards:
(a) The development shall be a multifamily housing development project, as defined by paragraph (2) of subdivision (h) of Section 65589.5. project.
(b) The residential density for the development will meet or exceed the applicable density deemed appropriate to accommodate housing for lower income households in that jurisdiction as specified in paragraph (3) of subdivision (c) of Section 65583.2. (c) The development will meet the following objective zoning standards, objective subdivision standards, and objective design review standards:
(1) The applicable standards shall be those for the zone that allows residential use at a greater density between the following:
(A) The existing zoning designation for the parcel. parcel if existing zoning allows multifamily residential use. (B) The zoning designation for the closest parcel that allows residential use at a density that meets the requirements of subdivision (b).
(2) The applicable standards shall be those in effect at the time that the development application is submitted to the local government pursuant to this article.

(3)The applicable standards shall not preclude any additional density or any other concessions, incentives, or waivers of development standards granted pursuant to the Density Bonus Law in Section 65915. (d) For purposes of this section, “objective zoning standards,” “objective subdivision standards,” and “objective design review standards” mean standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official before submittal. These standards may be embodied in alternative objective land use specifications adopted by a city or county, and may include, but are not limited to, housing overlay zones, specific plans, inclusionary zoning ordinances, and density bonus ordinances, subject to the following:
(1) A development shall be deemed consistent with the objective zoning standards related to housing density, as applicable, if the density proposed is compliant with the maximum density allowed within that land use designation, notwithstanding any specified maximum unit allocation that may result in fewer units of housing being permitted. (2) In the event that objective zoning, general plan, subdivision, or design review standards are mutually inconsistent, a development shall be deemed consistent with the objective zoning and subdivision standards pursuant to this section if the development is consistent with the standards set forth in the general plan. 65912.114. (a) If the local government determines that the proposed development is in conflict with any of the objective planning standards specified in this article, it shall provide the development proponent written documentation of which standard or standards the development conflicts with, and an explanation for the reason or reasons the development conflicts with that standard or standards, within the following timeframes:
(1) Within 60 days of submittal of the development proposal to the local government if the development contains 150 or fewer housing units.
(2) Within 90 days of submittal of the development proposal to the local government if the development contains more than 150 housing units.
(b) If the local government fails to provide the required documentation pursuant to subdivision (a), the development shall be deemed to satisfy the required objective planning standards.
(c) For purposes of this section, a development is consistent with the objective planning standards if there is substantial evidence that would allow a reasonable person to conclude that the development is consistent with the objective planning standards. (d) The determination of whether a proposed project submitted pursuant to this section is or is not in conflict with the objective planning standards is not a “project” as defined in Section 21065 of the Public Resources Code. (e) Design review of the development may be conducted by the local government’s planning commission or any equivalent board or commission responsible for review and approval of development projects, or the city council or board of supervisors, as appropriate.

That design review shall be objective and be strictly focused on assessing compliance with criteria required for streamlined, ministerial review of projects, as well as any reasonable objective design standards published and adopted by ordinance or resolution by a local jurisdiction before submittal of the development to the local government, and shall be broadly applicable to developments within the jurisdiction. That design review shall be completed as follows and shall not in any way inhibit, chill, or preclude the ministerial approval provided by this section or its effect, as applicable:
(1) Within 90 days of submittal of the development proposal to the local government pursuant to this section if the development contains 150 or fewer housing units.
(2) Within 180 days of submittal of the development proposal to the local government pursuant to this section if the development contains more than 150 housing units.
(f) A development proposed pursuant to this article shall be eligible for a density bonus, incentives or concessions, waivers or reductions of development standards, and parking ratios pursuant to Section 65915. (f)
(g) The local government shall ensure that the project satisfies the requirements specified in subdivision (d) of Section 66300, regardless of whether the development is within or not within an affected city or within or not within an affected county. (g)
(h) If the development is consistent with all objective subdivision standards in the local subdivision ordinance, an application for a subdivision pursuant to the Subdivision Map Act (Division 2 (commencing with Section 66410)) shall be exempt from the requirements of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code). (i) A local agency may exempt a parcel from this section if the agency makes written findings establishing all of the following:
(1) The agency has identified parcels that otherwise would not be eligible for development pursuant to this chapter. (2) The parcels identified in paragraph (1) meet the criteria described in subdivisions (a) through (f) of Section 65912.111. (3) The agency has permitted the parcels identified in paragraph (1) to be developed pursuant to the requirements of this chapter.

(4) The development of the parcels pursuant to paragraph (3) will result in no net loss of the total potential residential density in the jurisdiction.
(5) The development of the parcels pursuant to paragraph (3) will result is no net loss of the potential residential density of housing affordable to lower income households in the jurisdiction. (h)
(j) A local government’s approval of a development pursuant to this section shall, notwithstanding any other law, be subject to the expiration timeframes specified in subdivision (f) of Section 65913.4. (i)
(k) Any proposed modifications to a development project approved pursuant to this section shall be undertaken pursuant to subdivision (g) of Section 65913.4.
(j)
(l) A local government shall not adopt or impose any requirement, including, but not limited to, increased fees or inclusionary housing requirements, that applies to a project solely or partially on the basis that the project is eligible to receive streamlined, ministerial review pursuant to this section.
(k)
(m) A local government shall issue a subsequent permit required for a development approved under this section pursuant to paragraph (2) of subdivision (h) of Section 65913.4.
(l)
(n) A public improvement that is necessary to implement a development that is approved pursuant to this section shall be undertaken pursuant to paragraph (3) of subdivision (h) of Section 65913.4.

Article 3. Mixed-Income Housing Developments Along Commercial Corridors 65912.120. Notwithstanding any inconsistent provision of a local government’s general plan, specific plan, zoning ordinance, or regulation, a housing development shall be a use by right within a zone where office, retail, or parking are a principally permitted use and shall be subject to streamlined, ministerial review pursuant to Section 65912.124 if the proposed housing development satisfies all of the requirements in Sections 65912.121, 65912.122, and 65912.123. 65912.121. A development project shall not be subject to the streamlined, ministerial review process provided by Section 65912.124 unless the development project is on a site that satisfies all of the following criteria:
(a) It is located on a legal parcel or parcels that meet either of the following:
(1) It is within a city where the city boundaries include some portion of either an urbanized area or urban cluster, as designated by the United States Census Bureau.
(2) It is in an unincorporated area, and the legal parcel or parcels are wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau. (b) The project site abuts a commercial corridor and has a frontage along the commercial corridor of a minimum of 50 feet. (c) The site is not greater than 20 acres.
(d) At least 75 percent of the perimeter of the site adjoins parcels that are developed with urban uses. For purposes of this subdivision, parcels that are only separated by a street or highway shall be considered to be adjoined. (e) (1) It is not on a site or adjoined to any site where more than one-third of the square footage on the site is dedicated to industrial use.
(2) For purposes of this subdivision, parcels only separated by a street or highway shall be considered to be adjoined. (3) For purposes of this subdivision, “dedicated to industrial use” means either of the following:
(A) The square footage is currently being used as an industrial use. (B) The most recently permitted use of the square footage is an industrial use. (f) It satisfies the requirements specified in subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) of Section 65913.4. (g) It is not located within 500 feet of a freeway, as defined in Section 332 of the Vehicle Code. (h) The development is not located on a site where any of the following apply:
(1) The development would require the demolition of the following types of housing:

(A) Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.
(B) Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power. (C) Housing that has been occupied by tenants within the past 10 years, excluding any manager’s units. (2) The site was previously used for permanent housing that was occupied by tenants, excluding any manager’s units, that was demolished within 10 years before the development proponent submits an application under this article. (3) The development would require the demolition of a historic structure that was placed on a national, state, or local historic register.
(4) The property contains housing units that are occupied by tenants, and units at the property are, or were, subsequently offered for sale to the general public by the subdivider or subsequent owner of the property. four or fewer dwelling units. (5) The property is vacant and zoned for housing but not for multifamily residential use. (i)
(6) The development shall not be upon an existing parcel of land or site that is governed under the Mobilehome Residency Law (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2 of Division 2 of the Civil Code), the Recreational Vehicle Park Occupancy Law (Chapter 2.6 (commencing with Section 799.20) of Title 2 of Part 2 of Division 2 of the Civil Code), the Mobilehome Parks Act (Part 2.1 (commencing with Section 18200) of Division 13 of the Health and Safety Code), or the Special Occupancy Parks Act (Part 2.3 (commencing with Section 18860) of Division 13 of the Health and Safety Code). (j)
(i) For a site within a neighborhood plan area, the site satisfies both of the following conditions:
(1) The neighborhood plan applicable to the site was adopted on or before January 1, 2024, and a notice of preparation was issued before January 1, 2022, pursuant to the requirements of Sections 21080.4 and 21092 of the Public Resources Code. (2) The neighborhood plan applicable to the site allows residential use a multifamily housing development project on the site. (k)
(j) For a vacant site, it does not contain tribal cultural resources as defined by Section 21074 of the Public Resources Code that could be affected by the development that were found pursuant to a consultation as described by Section 21080.3.1 of the Public Resources Code and the effects of which cannot be mitigated pursuant to the process described in Section 21080.3.2 of the Public Resources Code.
(k) It is the intent of the Legislature that this article will not apply in communities where the development of mixed-income housing would increase the risk of residential and business displacement. 65912.122. A development project shall not be subject to the streamlined, ministerial review process provided by Section 65912.124 unless the development project meets all of the following affordability criteria:
(a) A rental housing development shall have a recorded deed restriction that ensures that for a period of 55 years, 15 percent of the units include 15 percent of the units for lower income households. The development proponent shall agree to, and the local government shall ensure, the continued affordability of all affordable rental units included pursuant to this subdivision for 55 years.

Rents shall be set at an affordable rent, as defined in Section 50053 of the Health and Safety Code, to lower income households, as defined in Section 50079.5 of the Health and Safety Code. (b) (1) An owner-occupied housing development shall have a recorded deed restriction that ensures include either of the following affordability criteria for a period of 45 years: following:
(1)
(A) Thirty percent of the units must be offered at an affordable housing cost, as defined in Section 50052.5 of the Health and Safety Code, to moderate-income households, as defined in Section 50093 of the Health and Safety Code. households. (2)
(B) Fifteen percent of the units must be offered at an affordable housing cost, as defined in Section 50052.5 of the Health and Safety Code, to lower income households, as defined in Section 50079.5 of the Health and Safety Code. households. (2) The development proponent shall agree to, and the local government shall ensure, the continued affordability of all affordable ownership units for a period of 45 years.
(c) If the amount of affordable housing required by a local inclusionary housing ordinance exceeds that of this section, then the project shall abide by the local inclusionary housing ordinance. local government has a local affordable housing requirement, the housing development project shall comply with both of the following:
(1) The development project shall include the percentage of affordable units required by this section or the local requirement, whichever is higher.

(2) The development project shall meet the lowest income targeting in either policy. (d) Affordable units in the development project shall have the same bedroom and bathroom count ratio as the market rate units. units, be equitably distributed within the project, and have the same type or quality of appliances, fixtures, and finishes. 65912.123. A development project shall not be subject to the streamlined, ministerial review process provided by Section 65912.124 unless the development project meets all of the following objective development standards:
(a) The development shall be a multifamily housing development project, as defined by paragraph (2) of subdivision (h) of Section 65589.5. project.
(b) The residential density for the development shall be determined as follows:
(1) In a metropolitan jurisdiction, as determined pursuant to subdivisions (d) and (e) of Section 65853.2, 65583.2, the residential density for the development shall meet or exceed the greater of the following:
(A) The residential density allowed on the parcel by the local government. (B) For sites of less than one acre in size, 30 units per acre. (C) For sites of one acre in size or greater located on a commercial corridor of less than 100 feet in width, 40 units per acre. (D) For sites of one acre in size or greater located on a commercial corridor of 100 feet in width or greater, 60 units per acre. (E) Notwithstanding subparagraph (B), (C), or (D), for sites within one-half mile of a major transit stop, 80 units per acre. (2) In a jurisdiction that is not a metropolitan jurisdiction, as determined pursuant to subdivisions (d) and (e) of Section 65853.2, 65583.2, the residential density for the development shall meet or exceed the greater of the following:
(A) The residential density allowed on the parcel by the local government. (B) For sites of less than one acre in size, 20 units per acre. (C) For sites of one acre in size or greater located on a commercial corridor of less than 100 feet in width, 30 units per acre. (D) For sites of one acre in size or greater located on a commercial corridor of 100 feet in width or greater, 50 units per acre. (E) Notwithstanding subparagraph (B), (C), or (D), for sites within one-half mile of a major transit stop, 70 units per acre. (c) The height limit applicable to the housing development shall be the greater of the following:
(1) The height allowed on the parcel by the local government. (2) For sites on a commercial corridor of less than 100 feet in width, 35 feet. (3) For sites on a commercial corridor of 100 feet in width or greater, 45 feet. (4) Notwithstanding paragraphs (2) and (3), for sites within one-half mile of a major transit stop and within a city with a population of greater than 100,000, 65 feet.
(d) The property meets the following setback standards:
(1) For the portion of the property that fronts a commercial corridor, the following shall occur:
(A) No setbacks shall be required.
(B) All parking must be set back at least 25 feet.
(C) On the ground floor, a building or buildings must abut within 10 feet of the property line for at least 80 percent of the frontage.
(2) For the portion of the property that fronts a side street, a building or buildings must abut within 10 feet of the property line for at least 60 percent of the frontage.
(3) For the portion of the property that abuts an adjoining property that also abuts the same commercial corridor as the property, no setbacks are required unless the adjoining property contains a residential use that was constructed prior to the enactment of this chapter, in which case the requirements of subparagraph (A) of paragraph (4) applies. apply. (4) For the portion of the property line that does not abut a commercial corridor, a side street, or an adjoining property that also abuts the same commercial corridor as the property, the following shall occur:
(A) Along property lines that abut a property that contains a residential use, the following shall occur:
(i) The ground floor of the development project shall be set back at 10 feet. The amount required to be set back may be decreased by the local government.

(ii) Starting with the second floor of the property, each subsequent floor of the development project shall be stepped back in an amount equal to seven feet multiplied by the floor number. For purposes of this paragraph, the ground floor counts as the first floor. The amount required to be stepped back may be decreased by the local government. (B) Along property lines that abut a property that does not contain a residential use, the development shall be set back 15 feet.

The amount required to be stepped back may be decreased by the local government. (e) No parking shall be required, except that this article shall not reduce, eliminate, or preclude the enforcement of any requirement imposed on a new multifamily residential or nonresidential development to provide bicycle parking, electric vehicle supply equipment installed parking spaces, or parking spaces that are accessible to persons with disabilities that would have otherwise applied to the development if this article did not apply.
(f) Other objective zoning standards, objective subdivision standards, and objective design review standards as follows:
(1) The applicable standards shall be those for the closest zone in the city, county, or city and county that allows multifamily residential use at the residential density determined pursuant to subdivision (b). If no zone exists that allows the residential density determined pursuant to subdivision (b), the applicable standards shall be those for the zone that allows the greatest density within the city, county, or city and county.
(2) The applicable standards shall be those in effect at the time that the development application is submitted to the local government pursuant to this article.
(3) The applicable standards may include a requirement for that up to one-half of the ground floor of the housing development project be dedicated to retail in the project. use.
(4)The applicable standards shall not preclude any additional density or any other concessions, incentives, or waivers of development standards granted pursuant to the Density Bonus Law in Section 65915. (5)
(4) For purposes of this section, “objective zoning standards,” “objective subdivision standards,” and “objective design review standards” mean standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official before submittal. These standards may be embodied in alternative objective land use specifications adopted by a city or county, and may include, but are not limited to, housing overlay zones, specific plans, inclusionary zoning ordinances, and density bonus ordinances. In the event that objective zoning, general plan, subdivision, or design review standards are mutually inconsistent, a development shall be deemed consistent with the objective zoning and subdivision standards pursuant to this subdivision if the development is consistent with the standards set forth in the general plan. 65912.124. (a) If the local government determines that the proposed housing development is in conflict with any of the objective planning standards specified in this article, it shall provide the development proponent written documentation of which standard or standards the development conflicts with, and an explanation for the reason or reasons the development conflicts with that standard or standards, within the following timeframes:
(1) Within 60 days of submittal of the development proposal to the local government if the development contains 150 or fewer housing units.
(2) Within 90 days of submittal of the development proposal to the local government if the development contains more than 150 housing units.
(b) If the local government fails to provide the required documentation pursuant to subdivision (a), the development shall be deemed to satisfy the required objective planning standards.
(c) For purposes of this section, a development is consistent with the objective planning standards if there is substantial evidence that would allow a reasonable person to conclude that the development is consistent with the objective planning standards. (d) The determination of whether a proposed project submitted pursuant to this section is or is not in conflict with the objective planning standards is not a “project” as defined in Section 21065 of the Public Resources Code. (e) Design review of the development may be conducted by the local government’s planning commission or any equivalent board or commission responsible for review and approval of development projects, or the city council or board of supervisors, as appropriate.

That design review shall be objective and be strictly focused on assessing compliance with criteria required for streamlined, ministerial review of projects, as well as any reasonable objective design standards published and adopted by ordinance or resolution by a local jurisdiction before submittal of the development to the local government, and shall be broadly applicable to developments within the jurisdiction. That design review shall be completed as follows and shall not in any way inhibit, chill, or preclude the ministerial approval provided by this section or its effect, as applicable:
(1) Within 90 days of submittal of the development proposal to the local government pursuant to this section if the development contains 150 or fewer housing units.
(2) Within 180 days of submittal of the development proposal to the local government pursuant to this section if the development contains more than 150 housing units.

(f) A housing development proposed pursuant to this article shall be eligible for a density bonus, incentives or concessions, waivers or reductions of development standards, and parking ratios pursuant to Section 65915, except that the project shall not use a concession to reduce a local government requirement for the provision of ground floor retail that is consistent with the allowance contained in paragraph (3) of subdivision (f) of Section 65912.123.
(f)
(g) The local government shall ensure that the project satisfies the requirements specified in subdivision (d) of Section 66300, regardless of whether the development is within or not within an affected city or within or not within an affected county. (g)
(h) If the development is consistent with all objective subdivision standards in the local subdivision ordinance, an application for a subdivision pursuant to the Subdivision Map Act (Division 2 (commencing with Section 66410)) shall be exempt from the requirements of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code). (i) A local agency may exempt a parcel from this section if the agency makes written findings establishing all of the following:
(1) The agency has identified parcels that otherwise would not be eligible for development pursuant to this chapter. (2) The parcels identified in paragraph (1) meet the criteria described in subdivisions (a), (d), (e), (f), (g), and (h) of Section 65912.121.
(3) The agency has permitted the parcels identified in paragraph (1) to be developed pursuant to the requirements of this chapter. (4) The development of the parcels pursuant to paragraph (3) will result in no net loss of the total potential residential density in the jurisdiction.
(5) The development of the parcels pursuant to paragraph (3) will result is no net loss of the potential residential density of housing affordable to lower income households in the jurisdiction. (h)
(j) A local government’s approval of a development pursuant to this section shall, notwithstanding any other law, be subject to the expiration timeframes specified in subdivision (f) of Section 65913.4. (i)
(k) Any proposed modifications to a development project approved pursuant to this section shall be undertaken pursuant to subdivision (g) of Section 65913.4.
(j)
(l) A local government shall not adopt or impose any requirement, including, but not limited to, increased fees or inclusionary housing requirements, that applies to a project solely or partially on the basis that the project is eligible to receive streamlined, ministerial review pursuant to this section.
(k)
(m) A local government shall issue a subsequent permit required for a development approved under this section pursuant to paragraph (2) of subdivision (h) of Section 65913.4.
(l)
(n) A public improvement that is necessary to implement a development that is approved pursuant to this section shall be undertaken pursuant to paragraph (3) of subdivision (h) of Section 65913.4.

Article 4. Labor Standards
65912.130. A development project approved by a local government pursuant to Article 2 (commencing with Section 65912.110) or Article 3 (commencing with Section 65912.120) shall meet all of the following labor standards:
(a) The development proponent shall require in contracts with construction contractors, and shall certify to the local government, that the standards specified in this section will be met in project construction. (b) A development that is not in its entirety a public work for purposes of Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code and approved by a local government pursuant to Article 2 (commencing with Section 65912.110) or Article 3 (commencing with Section 65912.120) shall be subject to all of the following:
(1) All construction workers employed in the execution of the development shall be paid at least the general prevailing rate of per diem wages for the type of work and geographic area, as determined by the Director of Industrial Relations pursuant to Sections 1773 and 1773.9 of the Labor Code, except that apprentices registered in programs approved by the Chief of the Division of Apprenticeship Standards may be paid at least the applicable apprentice prevailing rate. (2) The development proponent shall ensure that the prevailing wage requirement is included in all contracts for the performance of the work for those portions of the development that are not a public work.

(3) All contractors and subcontractors for those portions of the development that are not a public work shall comply with both of the following:
(A) Pay to all construction workers employed in the execution of the work at least the general prevailing rate of per diem wages, except that apprentices registered in programs approved by the Chief of the Division of Apprenticeship Standards may be paid at least the applicable apprentice prevailing rate.
(B) Maintain and verify payroll records pursuant to Section 1776 of the Labor Code and make those records available for inspection and copying as provided in that section. This subparagraph does not apply if all contractors and subcontractors performing work on the development are subject to a project labor agreement that requires the payment of prevailing wages to all construction workers employed in the execution of the development and provides for enforcement of that obligation through an arbitration procedure. For purposes of this subparagraph, “project labor agreement” has the same meaning as set forth in paragraph (1) of subdivision (b) of Section 2500 of the Public Contract Code. (c) (1) The obligation of the contractors and subcontractors to pay prevailing wages pursuant to this section may be enforced by any of the following:
(A) The Labor Commissioner through the issuance of a civil wage and penalty assessment pursuant to Section 1741 of the Labor Code, which may be reviewed pursuant to Section 1742 of the Labor Code, within 18 months after the completion of the development.
(B) An underpaid worker through an administrative complaint or civil action. (C) A joint labor-management committee through a civil action under Section 1771.2 of the Labor Code. (2) If a civil wage and penalty assessment is issued pursuant to this section, the contractor, subcontractor, and surety on a bond or bonds issued to secure the payment of wages covered by the assessment shall be liable for liquidated damages pursuant to Section 1742.1 of the Labor Code.
(3) This subdivision does not apply if all contractors and subcontractors performing work on the development are subject to a project labor agreement that requires the payment of prevailing wages to all construction workers employed in the execution of the development and provides for enforcement of that obligation through an arbitration procedure. For purposes of this subdivision, “project labor agreement” has the same meaning as set forth in paragraph (1) of subdivision (b) of Section 2500 of the Public Contract Code.
(d) Notwithstanding subdivision (c) of Section 1773.1 of the Labor Code, the requirement that employer payments not reduce the obligation to pay the hourly straight time or overtime wages found to be prevailing does not apply to those portions of development that are not a public work if otherwise provided in a bona fide collective bargaining agreement covering the worker. (e) The requirement of this section to pay at least the general prevailing rate of per diem wages does not preclude use of an alternative workweek schedule adopted pursuant to Section 511 or 514 of the Labor Code. 65912.131. In addition to the requirements of Section 65912.130, a development of 50 or more housing units approved by a local government pursuant to Article 2 (commencing with Section 65912.110) or Article 3 (commencing with Section 65912.120) shall meet all of the following labor standards:
(a) The development proponent shall require in contracts with construction contractors and shall certify to the local government that each contractor of any tier who will employ construction craft employees or will let subcontracts for at least 1,000 hours shall satisfy the requirements in subdivisions (b) and (c). A construction contractor is deemed in compliance with subdivisions (b) and (c) if it is signatory to a valid collective bargaining agreement that requires utilization of registered apprentices and expenditures on health care for employees and dependents.
(b) A contractor with construction craft employees shall either participate in an apprenticeship program approved by the State of California Division of Apprenticeship Standards pursuant to Section 3075 of the Labor Code, or request the dispatch of apprentices from a state-approved apprenticeship program under the terms and conditions set forth in Section 1777.5 of the Labor Code. A contractor without construction craft employees shall show a contractual obligation that its subcontractors comply with this subdivision. (c) Each contractor with construction craft employees shall make health care expenditures for each employee in an amount per hour worked on the development equivalent to at least the hourly pro rata cost of a Covered California Platinum level plan for two 40-yearold adults and two dependents 0 to 14 years of age for the Covered California rating area in which the development is located. A contractor without construction craft employees shall show a contractual obligation that its subcontractors comply with this subdivision.

Qualifying expenditures shall be credited toward compliance with prevailing wage payment requirements set forth in Section 65912.102. 65912.130.
(d) (1) The development proponent shall provide to the local government, on a monthly basis while its construction contracts on the development are being performed, a report demonstrating compliance with subdivisions (b) and (c). The reports shall be considered public records under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1), and shall be open to public inspection.
(2) A development proponent that fails to provide the monthly report shall be subject to a civil penalty for each month for which the report has not been provided, in the amount of 10 percent of the dollar value of construction work performed by that contractor on the development in the month in question, up to a maximum of ten thousand dollars ($10,000). Any contractor or subcontractor that fails to comply with subdivision (b) or (c) shall be subject to a civil penalty of two hundred dollars ($200) per day for each worker employed in contravention of subdivision (b) or (c). Page 75 of 118 (3) Penalties may be assessed by the Labor Commissioner within 18 months of completion of the development using the procedures for issuance of civil wage and penalty assessments specified in Section 1741 of the Labor Code, and may be reviewed pursuant to Section 1742 of the Labor Code. Penalties shall be deposited in the State Public Works Enforcement Fund established pursuant to Section 1771.3 of the Labor Code.
(e) Each construction contractor shall maintain and verify payroll records pursuant to Section 1776 of the Labor Code. Each construction contractor shall submit payroll records directly to the Labor Commissioner at least monthly in a format prescribed by the Labor Commissioner in accordance with subparagraph (A) of paragraph (3) of subdivision (a) of Section 1771.4 of the Labor Code. The records shall include a statement of fringe benefits. Upon request by a joint labor-management cooperation committee established pursuant to the Federal Labor Management Cooperation Act of 1978 (29 U.S.C. Sec. 175a), the records shall be provided pursuant to subdivision (e) of Section 1776 of the Labor Code.
(f) All construction contractors shall report any change in apprenticeship program participation or health care expenditures to the local government within 10 business days, and shall reflect those changes on the monthly report. The reports shall be considered public records pursuant to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1) and shall be open to public inspection.
(g) A joint labor-management cooperation committee established pursuant to the Federal Labor Management Cooperation Act of 1978 (29 U.S.C. Sec. 175a) shall have standing to sue a construction contractor for failure to make health care expenditures pursuant to subdivision (c) in accordance with Section 218.7 or 218.8 of the Labor Code.

Article 5. Severability
65912.140. The provisions of subdivision (c) of Section 65912.131 concerning health care expenditure are distinct and severable from the remaining provisions of this chapter. However, Article 4 (commencing with Section 65912.130) is a material and integral part of this chapter and is not severable. If any provision of Article 4 (commencing with Section 65912.130) or its application, exclusive of those included in subdivision (c) of Section 65912.131, is held invalid, this entire chapter shall be null and void.

SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, or because costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.

However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.

ASSEMBLY BILL NO. 916
Bill Text: CA AB916 | 2021-2022 | Regular Session | Amended California Assembly Bill 916
Bill Title: Zoning: accessory dwelling units: bedroom addition.

Spectrum: Bipartisan Bill
Status: (Engrossed) 2022-08-02 - Read second time. Ordered to third reading. [AB916 Detail] Download: California-2021-AB916-Amended.html
AMENDED IN SENATE JUNE 23, 2022
AMENDED IN SENATE JUNE 20, 2022
AMENDED IN SENATE MAY 11, 2022
AMENDED IN ASSEMBLY JANUARY 03, 2022
AMENDED IN ASSEMBLY APRIL 06, 2021
CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION
Introduced by Assembly Members Salas and Quirk-Silva
(Coauthors: Assembly Members Cunningham, Flora, Gray, Grayson, Lackey, Low, Mayes, Petrie-Norris, Valladares, Villapudua, and Waldron)
(Coauthors: Senators Hurtado and Newman)
February 17, 2021
An act to amend Section 65852.2 of, and to add Section 65850.02 to, the Government Code, relating to housing.

LEGISLATIVE COUNSEL'S DIGEST
AB 916, as amended, Salas. Zoning: accessory dwelling units: bedroom addition.

The Planning and Zoning Law authorizes the legislative body of any county or city to adopt ordinances that regulate the use of buildings, structures, and land as between industry, business, residences, open space, and other purposes.

This bill would prohibit a city or county legislative body from adopting or enforcing an ordinance requiring a public hearing as a condition of adding space for additional bedrooms or reconfiguring existing space to increase the bedroom count within an existing house, condominium, apartment, or dwelling. dwelling unit. The bill would apply these provisions only to a permit application for no more than 2 additional bedrooms within an existing dwelling unit. The bill would specify that these provisions are not to be construed to prohibit a local agency from requiring a public hearing for a proposed project that would increase the number of dwelling units within an existing structure. The bill would include findings that ensuring adequate housing is a matter of statewide concern and is not a municipal affair, and that the provision applies to all cities, including charter cities.

The Planning and Zoning Law also authorizes a local agency, by ordinance or ministerial approval, to provide for the creation of accessory dwelling units in areas zoned for residential use, as specified. Existing law provides that an accessory dwelling unit may either be an attached or detached residential dwelling unit, and prescribes the minimum and maximum unit size requirements and height limitations a local agency may establish, including a 16-feet height limitation. Existing law provides that a local agency shall ministerially approve an application for a building permit within a residential or mixed-use zone to create not more than 2 accessory

dwelling units that are located on a lot that has an existing multifamily dwelling, but are detached from that multifamily dwelling and are subject to a height limitation of 16 feet, among other requirements.

This bill would instead authorize a local agency to establish a height limitation of lower than 18 feet, as specified, for those accessory dwelling units. The bill would create an exception from that limitation to permit a local agency to impose a height limitation of not less than 25 feet if the accessory dwelling unit is within 1/2 mile walking distance of a major transit stop or a high-quality transit corridor, as defined, or not less than 25 feet or the height limitation in the local zoning ordinance that applies to the primary dwelling unit, whichever is lower, if the accessory dwelling unit is attached to a primary dwelling. The bill would specify that a local agency shall ministerially approve an application for a building permit within a residential or mixed-use zone to create not more than 2 accessory dwelling units that are located on a lot that has an existing multifamily dwelling, but are detached from that multifamily dwelling and are subject to the above-described height limitations and specified setbacks. The bill would prohibit a local agency from requiring a modification of an existing multifamily dwelling that exceeds this height limitation or has a rear or side setback of less than 4 feet. The bill would also prohibit a local agency from rejecting an application to construct an accessory dwelling unit pursuant to these provisions on the basis that the existing multifamily dwelling exceeds the applicable height limitation or has a rear or side setback of less than 4 feet.

By imposing additional duties on local officials, the bill would impose a state-mandated local program.

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

Statutory provisions establish procedures for making that reimbursement.

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

Digest Key
Vote: majority Appropriation: no Fiscal Committee: yes Local Program: yes Bill Text
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1. Section 65850.02 is added to the Government Code, immediately following Section 65850.01, to read:
65850.02. (a) Notwithstanding any other local law, with respect to land zoned for residential use, the legislative body of a city or county shall not adopt or enforce an ordinance requiring a public hearing as a condition of adding space for additional bedrooms or reconfiguring existing space to increase the bedroom count within an existing house, condominium, apartment, or dwelling. dwelling unit.
(b) This section shall only apply to a permit application for no more than two additional bedrooms within an existing dwelling unit. (c) This section shall not be construed to prohibit a local agency from requiring a public hearing for a proposed project that would increase the number of dwelling units within an existing structure. (b)
(d) The Legislature finds and declares that ensuring adequate housing is a matter of statewide concern and is not a municipal affair, as that term is used in Section 5 of Article IX of the California Constitution. Therefore, this section applies to all cities, including charter cities.

SEC. 2. Section 65852.2 of the Government Code, as amended by Section 1 of Chapter 343 of the Statutes of 2021, is amended to read:
65852.2. (a) (1) A local agency may, by ordinance, provide for the creation of accessory dwelling units in areas zoned to allow singlefamily or multifamily dwelling residential use. The ordinance shall do all of the following:
(A) Designate areas within the jurisdiction of the local agency where accessory dwelling units may be permitted. The designation of areas may be based on the adequacy of water and sewer services and the impact of accessory dwelling units on traffic flow and public safety. A local agency that does not provide water or sewer services shall consult with the local water or sewer service provider regarding the adequacy of water and sewer services before designating an area where accessory dwelling units may be permitted.
(B) (i) Impose standards on accessory dwelling units that include, but are not limited to, parking, height, setback, landscape, architectural review, maximum size of a unit, and standards that prevent adverse impacts on any real property that is listed in the California Register of Historical Resources. These standards shall not include requirements on minimum lot size. (ii) Notwithstanding clause (i), a local agency may reduce or eliminate parking requirements for any accessory dwelling unit located within its jurisdiction.
(C) Provide that accessory dwelling units do not exceed the allowable density for the lot upon which the accessory dwelling unit is located, and that accessory dwelling units are a residential use that is consistent with the existing general plan and zoning

designation for the lot.
(D) Require the accessory dwelling units to comply with all of the following:
(i) Except as provided in Section 65852.26, the accessory dwelling unit may be rented separate from the primary residence, but may not be sold or otherwise conveyed separate from the primary residence. (ii) The lot is zoned to allow single-family or multifamily dwelling residential use and includes a proposed or existing dwelling. (iii) The accessory dwelling unit is either attached to, or located within, the proposed or existing primary dwelling, including attached garages, storage areas, or similar uses, or an accessory structure is detached from the proposed or existing primary dwelling and located on the same lot as the proposed or existing primary dwelling. (iv) If there is an existing primary dwelling, the total floor area of an attached accessory dwelling unit shall not exceed 50 percent of the existing primary dwelling.
(v) The total floor area for a detached accessory dwelling unit shall not exceed 1,200 square feet. (vi) No passageway shall be required in conjunction with the construction of an accessory dwelling unit. (vii) No setback shall be required for an existing living area or accessory structure or a structure constructed in the same location and to the same dimensions as an existing structure that is converted to an accessory dwelling unit or to a portion of an accessory dwelling unit, and a setback of no more than four feet from the side and rear lot lines shall be required for an accessory dwelling unit that is not converted from an existing structure or a new structure constructed in the same location and to the same dimensions as an existing structure.
(viii) Local building code requirements that apply to detached dwellings, as appropriate. (ix) Approval by the local health officer where a private sewage disposal system is being used, if required. (x) (I) Parking requirements for accessory dwelling units shall not exceed one parking space per accessory dwelling unit or per bedroom, whichever is less. These spaces may be provided as tandem parking on a driveway. (II) Offstreet parking shall be permitted in setback areas in locations determined by the local agency or through tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions. (III) This clause shall not apply to an accessory dwelling unit that is described in subdivision (d). (xi) When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit or converted to an accessory dwelling unit, the local agency shall not require that those offstreet parking spaces be replaced.
(xii) Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary residence. (2) The ordinance shall not be considered in the application of any local ordinance, policy, or program to limit residential growth. (3) A permit application for an accessory dwelling unit or a junior accessory dwelling unit shall be considered and approved ministerially without discretionary review or a hearing, notwithstanding Section 65901 or 65906 or any local ordinance regulating the issuance of variances or special use permits. The permitting agency shall act on the application to create an accessory dwelling unit or a junior accessory dwelling unit within 60 days from the date the local agency receives a completed application if there is an existing single-family or multifamily dwelling on the lot. If the permit application to create an accessory dwelling unit or a junior accessory dwelling unit is submitted with a permit application to create a new single-family dwelling on the lot, the permitting agency may delay acting on the permit application for the accessory dwelling unit or the junior accessory dwelling unit until the permitting agency acts on the permit application to create the new single-family dwelling, but the application to create the accessory dwelling unit or junior accessory dwelling unit shall be considered without discretionary review or hearing. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay. If the local agency has not acted upon the completed application within 60 days, the application shall be deemed approved. A local agency may charge a fee to reimburse it for costs incurred to implement this paragraph, including the costs of adopting or amending any ordinance that provides for the creation of an accessory dwelling unit.
(4) An existing ordinance governing the creation of an accessory dwelling unit by a local agency or an accessory dwelling ordinance adopted by a local agency shall provide an approval process that includes only ministerial provisions for the approval of accessory dwelling units and shall not include any discretionary processes, provisions, or requirements for those units, except as otherwise provided in this subdivision. If a local agency has an existing accessory dwelling unit ordinance that fails to meet the requirements of this subdivision, that ordinance shall be null and void and that agency shall thereafter apply the standards established in this subdivision for the approval of accessory dwelling units, unless and until the agency adopts an ordinance that complies with this section.
(5) No other local ordinance, policy, or regulation shall be the basis for the delay or denial of a building permit or a use permit under this subdivision.
(6) This subdivision establishes the maximum standards that local agencies shall use to evaluate a proposed accessory dwelling unit on a lot that includes a proposed or existing single-family dwelling. No additional standards, other than those provided in this

subdivision, shall be used or imposed, including any owner-occupant requirement, except that a local agency may require that the property be used for rentals of terms longer than 30 days. (7) A local agency may amend its zoning ordinance or general plan to incorporate the policies, procedures, or other provisions applicable to the creation of an accessory dwelling unit if these provisions are consistent with the limitations of this subdivision. (8) An accessory dwelling unit that conforms to this subdivision shall be deemed to be an accessory use or an accessory building and shall not be considered to exceed the allowable density for the lot upon which it is located, and shall be deemed to be a residential use that is consistent with the existing general plan and zoning designations for the lot. The accessory dwelling unit shall not be considered in the application of any local ordinance, policy, or program to limit residential growth. (b) When a local agency that has not adopted an ordinance governing accessory dwelling units in accordance with subdivision (a) receives an application for a permit to create an accessory dwelling unit pursuant to this subdivision, the local agency shall approve or disapprove the application ministerially without discretionary review pursuant to subdivision (a). The permitting agency shall act on the application to create an accessory dwelling unit or a junior accessory dwelling unit within 60 days from the date the local agency receives a completed application if there is an existing single-family or multifamily dwelling on the lot. If the permit application to create an accessory dwelling unit or a junior accessory dwelling unit is submitted with a permit application to create a new singlefamily dwelling on the lot, the permitting agency may delay acting on the permit application for the accessory dwelling unit or the junior accessory dwelling unit until the permitting agency acts on the permit application to create the new single-family dwelling, but the application to create the accessory dwelling unit or junior accessory dwelling unit shall still be considered ministerially without discretionary review or a hearing. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay. If the local agency has not acted upon the completed application within 60 days, the application shall be deemed approved. (c) (1) Subject to paragraph (2), a local agency may establish minimum and maximum unit size requirements for both attached and detached accessory dwelling units.
(2) Notwithstanding paragraph (1), a local agency shall not establish by ordinance any of the following:
(A) A minimum square footage requirement for either an attached or detached accessory dwelling unit that prohibits an efficiency unit.
(B) A maximum square footage requirement for either an attached or detached accessory dwelling unit that is less than either of the following:
(i) 850 square feet.
(ii) 1,000 square feet for an accessory dwelling unit that provides more than one bedroom. (C) Any other minimum or maximum size for an accessory dwelling unit, size based upon a percentage of the proposed or existing primary dwelling, or limits on lot coverage, floor area ratio, open space, and minimum lot size, for either attached or detached dwellings that does not permit at least an 800 square foot accessory dwelling unit that is lower than the applicable height limitation in clause (ii) of subparagraph (B) of paragraph (1) of subdivision (e), with four-foot side and rear yard setbacks to be constructed in compliance with all other local development standards. (d) Notwithstanding any other law, a local agency, whether or not it has adopted an ordinance governing accessory dwelling units in accordance with subdivision (a), shall not impose parking standards for an accessory dwelling unit in any of the following instances:
(1) The accessory dwelling unit is located within one-half mile walking distance of public transit. (2) The accessory dwelling unit is located within an architecturally and historically significant historic district. (3) The accessory dwelling unit is part of the proposed or existing primary residence or an accessory structure. (4) When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit. (5) When there is a car share vehicle located within one block of the accessory dwelling unit. (e) (1) Notwithstanding subdivisions (a) to (d), inclusive, a local agency shall ministerially approve an application for a building permit within a residential or mixed-use zone to create any of the following:
(A) One accessory dwelling unit and one junior accessory dwelling unit per lot with a proposed or existing single-family dwelling if all of the following apply:
(i) The accessory dwelling unit or junior accessory dwelling unit is within the proposed space of a single-family dwelling or existing space of a single-family dwelling or accessory structure and may include an expansion of not more than 150 square feet beyond the same physical dimensions as the existing accessory structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress. (ii) The space has exterior access from the proposed or existing single-family dwelling. (iii) The side and rear setbacks are sufficient for fire and safety. (iv) The junior accessory dwelling unit complies with the requirements of Section 65852.22.

(B) One detached, new construction, accessory dwelling unit that does not exceed four-foot side and rear yard setbacks for a lot with a proposed or existing single-family dwelling. The accessory dwelling unit may be combined with a junior accessory dwelling unit described in subparagraph (A). A local agency may impose the following conditions on the accessory dwelling unit:
(i) A total floor area limitation of not more than 800 square feet. (ii) A height limitation of 18 feet, except as follows:
(I) The local agency may impose a height limitation of not less than 25 feet if the accessory dwelling unit is within one-half mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code.
(II) The local agency may impose a height limitation of not less than 25 feet or the height limitation in the local zoning ordinance that applies to the primary dwelling, whichever is lower, if the accessory dwelling unit is attached to a primary dwelling.
(C) (i) Multiple accessory dwelling units within the portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings.
(ii) A local agency shall allow at least one accessory dwelling unit within an existing multifamily dwelling and shall allow up to 25 percent of the existing multifamily dwelling units.
(D) (i) Not more than two accessory dwelling units that are located on a lot that has an existing or proposed multifamily dwelling, but are detached from that multifamily dwelling and are subject to the applicable height limitation in clause (ii) of subparagraph (B) and rear yard and side setbacks of no more than four feet. (ii) If the existing multifamily dwelling exceeds the applicable height limitation in clause (ii) of subparagraph (B) or has a rear or side setback of less than four feet, the local agency shall not require any modification of the existing multifamily dwelling to satisfy the requirements of this subparagraph.
(iii) A local agency shall not reject an application to construct an accessory dwelling unit authorized under this subparagraph on the basis that the existing multifamily dwelling exceeds the applicable height limitation in clause (ii) of subparagraph (B) or has a rear or side setback of less than four feet.
(2) A local agency shall not require, as a condition for ministerial approval of a permit application for the creation of an accessory dwelling unit or a junior accessory dwelling unit, the correction of nonconforming zoning conditions. (3) The installation of fire sprinklers shall not be required in an accessory dwelling unit if sprinklers are not required for the primary residence.
(4) A local agency shall require that a rental of the accessory dwelling unit created pursuant to this subdivision be for a term longer than 30 days.
(5) A local agency may require, as part of the application for a permit to create an accessory dwelling unit connected to an onsite wastewater treatment system, a percolation test completed within the last five years, or, if the percolation test has been recertified, within the last 10 years.
(6) Notwithstanding subdivision (c) and paragraph (1) a local agency that has adopted an ordinance by July 1, 2018, providing for the approval of accessory dwelling units in multifamily dwelling structures shall ministerially consider a permit application to construct an accessory dwelling unit that is described in paragraph (1), and may impose standards including, but not limited to, design, development, and historic standards on said accessory dwelling units. These standards shall not include requirements on minimum lot size.
(f) (1) Fees charged for the construction of accessory dwelling units shall be determined in accordance with Chapter 5 (commencing with Section 66000) and Chapter 7 (commencing with Section 66012). (2) An accessory dwelling unit shall not be considered by a local agency, special district, or water corporation to be a new residential use for purposes of calculating connection fees or capacity charges for utilities, including water and sewer service, unless the accessory dwelling unit was constructed with a new single-family dwelling. (3) (A) A local agency, special district, or water corporation shall not impose any impact fee upon the development of an accessory dwelling unit less than 750 square feet. Any impact fees charged for an accessory dwelling unit of 750 square feet or more shall be charged proportionately in relation to the square footage of the primary dwelling unit. (B) For purposes of this paragraph, “impact fee” has the same meaning as the term “fee” is defined in subdivision (b) of Section 66000, except that it also includes fees specified in Section 66477. “Impact fee” does not include any connection fee or capacity charge charged by a local agency, special district, or water corporation. (4) For an accessory dwelling unit described in subparagraph (A) of paragraph (1) of subdivision (e), a local agency, special district, or water corporation shall not require the applicant to install a new or separate utility connection directly between the accessory dwelling unit and the utility or impose a related connection fee or capacity charge, unless the accessory dwelling unit was constructed with a new single-family home.

(5) For an accessory dwelling unit that is not described in subparagraph (A) of paragraph (1) of subdivision (e), a local agency, special district, or water corporation may require a new or separate utility connection directly between the accessory dwelling unit and the utility. Consistent with Section 66013, the connection may be subject to a connection fee or capacity charge that shall be proportionate to the burden of the proposed accessory dwelling unit, based upon either its square feet or the number of its drainage fixture unit (DFU) values, as defined in the Uniform Plumbing Code adopted and published by the International Association of Plumbing and Mechanical Officials, upon the water or sewer system. This fee or charge shall not exceed the reasonable cost of providing this service.
(g) This section does not limit the authority of local agencies to adopt less restrictive requirements for the creation of an accessory dwelling unit.
(h) (1) A local agency shall submit a copy of the ordinance adopted pursuant to subdivision (a) to the Department of Housing and Community Development within 60 days after adoption. After adoption of an ordinance, the department may submit written findings to the local agency as to whether the ordinance complies with this section. (2) (A) If the department finds that the local agency’s ordinance does not comply with this section, the department shall notify the local agency and shall provide the local agency with a reasonable time, no longer than 30 days, to respond to the findings before taking any other action authorized by this section.
(B) The local agency shall consider the findings made by the department pursuant to subparagraph (A) and shall do one of the following:
(i) Amend the ordinance to comply with this section.
(ii) Adopt the ordinance without changes. The local agency shall include findings in its resolution adopting the ordinance that explain the reasons the local agency believes that the ordinance complies with this section despite the findings of the department.
(3) (A) If the local agency does not amend its ordinance in response to the department’s findings or does not adopt a resolution with findings explaining the reason the ordinance complies with this section and addressing the department’s findings, the department shall notify the local agency and may notify the Attorney General that the local agency is in violation of state law. (B) Before notifying the Attorney General that the local agency is in violation of state law, the department may consider whether a local agency adopted an ordinance in compliance with this section between January 1, 2017, and January 1, 2020. (i) The department may review, adopt, amend, or repeal guidelines to implement uniform standards or criteria that supplement or clarify the terms, references, and standards set forth in this section. The guidelines adopted pursuant to this subdivision are not subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2. (j) As used in this section, the following terms mean:
(1) “Accessory dwelling unit” means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. An accessory dwelling unit also includes the following:
(A) An efficiency unit.
(B) A manufactured home, as defined in Section 18007 of the Health and Safety Code. (2) “Accessory structure” means a structure that is accessory and incidental to a dwelling located on the same lot. (3) “Efficiency unit” has the same meaning as defined in Section 17958.1 of the Health and Safety Code. (4) “Living area” means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.
(5) “Local agency” means a city, county, or city and county, whether general law or chartered. (6) “Nonconforming zoning condition” means a physical improvement on a property that does not conform to current zoning standards.
(7) “Passageway” means a pathway that is unobstructed, clear to the sky, and extends from a street to one entrance of the accessory dwelling unit.
(8) “Proposed dwelling” means a dwelling that is the subject of a permit application and that meets the requirements for permitting. (9) “Public transit” means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public. (10) “Tandem parking” means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.
(k) A local agency shall not issue a certificate of occupancy for an accessory dwelling unit before the local agency issues a certificate of occupancy for the primary dwelling.

(l) Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code), except that the local government shall not be required to hold public hearings for coastal development permit applications for accessory dwelling units. (m) A local agency may count an accessory dwelling unit for purposes of identifying adequate sites for housing, as specified in subdivision (a) of Section 65583.1, subject to authorization by the department and compliance with this division. (n) In enforcing building standards pursuant to Article 1 (commencing with Section 17960) of Chapter 5 of Part 1.5 of Division 13 of the Health and Safety Code for an accessory dwelling unit described in paragraph (1) or (2) below, a local agency, upon request of an owner of an accessory dwelling unit for a delay in enforcement, shall delay enforcement of a building standard, subject to compliance with Section 17980.12 of the Health and Safety Code:
(1) The accessory dwelling unit was built before January 1, 2020. (2) The accessory dwelling unit was built on or after January 1, 2020, in a local jurisdiction that, at the time the accessory dwelling unit was built, had a noncompliant accessory dwelling unit ordinance, but the ordinance is compliant at the time the request is made. (o) This section shall remain in effect only until January 1, 2025, and as of that date is repealed.

SEC. 3. Section 65852.2 of the Government Code, as amended by Section 2 of Chapter 343 of the Statutes of 2021, is amended to read:
65852.2. (a) (1) A local agency may, by ordinance, provide for the creation of accessory dwelling units in areas zoned to allow singlefamily or multifamily dwelling residential use. The ordinance shall do all of the following:
(A) Designate areas within the jurisdiction of the local agency where accessory dwelling units may be permitted. The designation of areas may be based on the adequacy of water and sewer services and the impact of accessory dwelling units on traffic flow and public safety. A local agency that does not provide water or sewer services shall consult with the local water or sewer service provider regarding the adequacy of water and sewer services before designating an area where accessory dwelling units may be permitted.
(B) (i) Impose standards on accessory dwelling units that include, but are not limited to, parking, height, setback, landscape, architectural review, maximum size of a unit, and standards that prevent adverse impacts on any real property that is listed in the California Register of Historical Resources. These standards shall not include requirements on minimum lot size. (ii) Notwithstanding clause (i), a local agency may reduce or eliminate parking requirements for any accessory dwelling unit located within its jurisdiction.
(C) Provide that accessory dwelling units do not exceed the allowable density for the lot upon which the accessory dwelling unit is located, and that accessory dwelling units are a residential use that is consistent with the existing general plan and zoning designation for the lot.
(D) Require the accessory dwelling units to comply with all of the following:
(i) Except as provided in Section 65852.26, the accessory dwelling unit may be rented separate from the primary residence, but may not be sold or otherwise conveyed separate from the primary residence. (ii) The lot is zoned to allow single-family or multifamily dwelling residential use and includes a proposed or existing dwelling. (iii) The accessory dwelling unit is either attached to, or located within, the proposed or existing primary dwelling, including attached garages, storage areas, or similar uses, or an accessory structure is detached from the proposed or existing primary dwelling and located on the same lot as the proposed or existing primary dwelling. (iv) If there is an existing primary dwelling, the total floor area of an attached accessory dwelling unit shall not exceed 50 percent of the existing primary dwelling.
(v) The total floor area for a detached accessory dwelling unit shall not exceed 1,200 square feet. (vi) No passageway shall be required in conjunction with the construction of an accessory dwelling unit. (vii) No setback shall be required for an existing living area or accessory structure or a structure constructed in the same location and to the same dimensions as an existing structure that is converted to an accessory dwelling unit or to a portion of an accessory dwelling unit, and a setback of no more than four feet from the side and rear lot lines shall be required for an accessory dwelling unit that is not converted from an existing structure or a new structure constructed in the same location and to the same dimensions as an existing structure.
(viii) Local building code requirements that apply to detached dwellings, as appropriate. (ix) Approval by the local health officer where a private sewage disposal system is being used, if required. (x) (I) Parking requirements for accessory dwelling units shall not exceed one parking space per accessory dwelling unit or per bedroom, whichever is less. These spaces may be provided as tandem parking on a driveway. (II) Offstreet parking shall be permitted in setback areas in locations determined by the local agency or through tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon

specific site or regional topographical or fire and life safety conditions. (III) This clause shall not apply to an accessory dwelling unit that is described in subdivision (d). (xi) When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit or converted to an accessory dwelling unit, the local agency shall not require that those offstreet parking spaces be replaced.
(xii) Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary residence. (2) The ordinance shall not be considered in the application of any local ordinance, policy, or program to limit residential growth. (3) A permit application for an accessory dwelling unit or a junior accessory dwelling unit shall be considered and approved ministerially without discretionary review or a hearing, notwithstanding Section 65901 or 65906 or any local ordinance regulating the issuance of variances or special use permits. The permitting agency shall act on the application to create an accessory dwelling unit or a junior accessory dwelling unit within 60 days from the date the local agency receives a completed application if there is an existing single-family or multifamily dwelling on the lot. If the permit application to create an accessory dwelling unit or a junior accessory dwelling unit is submitted with a permit application to create a new single-family dwelling on the lot, the permitting agency may delay acting on the permit application for the accessory dwelling unit or the junior accessory dwelling unit until the permitting agency acts on the permit application to create the new single-family dwelling, but the application to create the accessory dwelling unit or junior accessory dwelling unit shall be considered without discretionary review or hearing. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay. If the local agency has not acted upon the completed application within 60 days, the application shall be deemed approved. A local agency may charge a fee to reimburse it for costs incurred to implement this paragraph, including the costs of adopting or amending any ordinance that provides for the creation of an accessory dwelling unit.
(4) An existing ordinance governing the creation of an accessory dwelling unit by a local agency or an accessory dwelling ordinance adopted by a local agency shall provide an approval process that includes only ministerial provisions for the approval of accessory dwelling units and shall not include any discretionary processes, provisions, or requirements for those units, except as otherwise provided in this subdivision. If a local agency has an existing accessory dwelling unit ordinance that fails to meet the requirements of this subdivision, that ordinance shall be null and void and that agency shall thereafter apply the standards established in this subdivision for the approval of accessory dwelling units, unless and until the agency adopts an ordinance that complies with this section.
(5) No other local ordinance, policy, or regulation shall be the basis for the delay or denial of a building permit or a use permit under this subdivision.
(6) (A) This subdivision establishes the maximum standards that local agencies shall use to evaluate a proposed accessory dwelling unit on a lot that includes a proposed or existing single-family dwelling. No additional standards, other than those provided in this subdivision, shall be used or imposed except that, subject to subparagraph (B), a local agency may require an applicant for a permit issued pursuant to this subdivision to be an owner-occupant or that the property be used for rentals of terms longer than 30 days. (B) Notwithstanding subparagraph (A), a local agency shall not impose an owner-occupant requirement on an accessory dwelling unit permitted between January 1, 2020, and January 1, 2025, during which time the local agency was prohibited from imposing an owner-occupant requirement.
(7) A local agency may amend its zoning ordinance or general plan to incorporate the policies, procedures, or other provisions applicable to the creation of an accessory dwelling unit if these provisions are consistent with the limitations of this subdivision. (8) An accessory dwelling unit that conforms to this subdivision shall be deemed to be an accessory use or an accessory building and shall not be considered to exceed the allowable density for the lot upon which it is located, and shall be deemed to be a residential use that is consistent with the existing general plan and zoning designations for the lot. The accessory dwelling unit shall not be considered in the application of any local ordinance, policy, or program to limit residential growth. (b) When a local agency that has not adopted an ordinance governing accessory dwelling units in accordance with subdivision (a) receives an application for a permit to create an accessory dwelling unit pursuant to this subdivision, the local agency shall approve or disapprove the application ministerially without discretionary review pursuant to subdivision (a). The permitting agency shall act on the application to create an accessory dwelling unit or a junior accessory dwelling unit within 60 days from the date the local agency receives a completed application if there is an existing single-family or multifamily dwelling on the lot. If the permit application to create an accessory dwelling unit or a junior accessory dwelling unit is submitted with a permit application to create a new singlefamily dwelling on the lot, the permitting agency may delay acting on the permit application for the accessory dwelling unit or the junior accessory dwelling unit until the permitting agency acts on the permit application to create the new single-family dwelling, but the application to create the accessory dwelling unit or junior accessory dwelling unit shall still be considered ministerially without discretionary review or a hearing. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay. If the local agency has not acted upon the completed application within 60 days, the application shall be deemed approved. (c) (1) Subject to paragraph (2), a local agency may establish minimum and maximum unit size requirements for both attached and detached accessory dwelling units.
(2) Notwithstanding paragraph (1), a local agency shall not establish by ordinance any of the following:
(A) A minimum square footage requirement for either an attached or detached accessory dwelling unit that prohibits an efficiency unit.

(B) A maximum square footage requirement for either an attached or detached accessory dwelling unit that is less than either of the following:
(i) 850 square feet.
(ii) 1,000 square feet for an accessory dwelling unit that provides more than one bedroom. (C) Any other minimum or maximum size for an accessory dwelling unit, size based upon a percentage of the proposed or existing primary dwelling, or limits on lot coverage, floor area ratio, open space, and minimum lot size, for either attached or detached dwellings that does not permit at least an 800 square foot accessory dwelling unit that is lower than the applicable height limitation in clause (ii) of subparagraph (B) of paragraph (1) of subdivision (e), with four-foot side and rear yard setbacks to be constructed in compliance with all other local development standards. (d) Notwithstanding any other law, a local agency, whether or not it has adopted an ordinance governing accessory dwelling units in accordance with subdivision (a), shall not impose parking standards for an accessory dwelling unit in any of the following instances:
(1) The accessory dwelling unit is located within one-half mile walking distance of public transit. (2) The accessory dwelling unit is located within an architecturally and historically significant historic district. (3) The accessory dwelling unit is part of the proposed or existing primary residence or an accessory structure. (4) When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit. (5) When there is a car share vehicle located within one block of the accessory dwelling unit. (e) (1) Notwithstanding subdivisions (a) to (d), inclusive, a local agency shall ministerially approve an application for a building permit within a residential or mixed-use zone to create any of the following:
(A) One accessory dwelling unit and one junior accessory dwelling unit per lot with a proposed or existing single-family dwelling if all of the following apply:
(i) The accessory dwelling unit or junior accessory dwelling unit is within the proposed space of a single-family dwelling or existing space of a single-family dwelling or accessory structure and may include an expansion of not more than 150 square feet beyond the same physical dimensions as the existing accessory structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress. (ii) The space has exterior access from the proposed or existing single-family dwelling. (iii) The side and rear setbacks are sufficient for fire and safety. (iv) The junior accessory dwelling unit complies with the requirements of Section 65852.22. (B) One detached, new construction, accessory dwelling unit that does not exceed four-foot side and rear yard setbacks for a lot with a proposed or existing single-family dwelling. The accessory dwelling unit may be combined with a junior accessory dwelling unit described in subparagraph (A). A local agency may impose the following conditions on the accessory dwelling unit:
(i) A total floor area limitation of not more than 800 square feet. (ii) A height limitation of 18 feet, except as follows:
(I) The local agency may impose a height limitation of not less than 25 feet if the accessory dwelling unit is within one-half mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code.
(II) The local agency may impose a height limitation of not less than 25 feet or the height limitation in the local zoning ordinance that applies to the primary dwelling, whichever is lower, if the accessory dwelling units is attached to a primary dwelling.
(C) (i) Multiple accessory dwelling units within the portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings.
(ii) A local agency shall allow at least one accessory dwelling unit within an existing multifamily dwelling and shall allow up to 25 percent of the existing multifamily dwelling units.
(D) (i) Not more than two accessory dwelling units that are located on a lot that has an existing or proposed multifamily dwelling, but are detached from that multifamily dwelling and are subject to the applicable height limitation in clause (ii) of subparagraph (B) and rear yard and side setbacks of no more than four feet. (ii) If the existing multifamily dwelling exceeds the applicable height limitation in clause (ii) of subparagraph (B) or has a rear or side setback of less than four feet, the local agency shall not require any modification of the existing multifamily dwelling to satisfy the requirements of this subparagraph.
(iii) A local agency shall not reject an application to construct an accessory dwelling unit authorized under this subparagraph on the basis that the existing multifamily dwelling exceeds the applicable height limitation in clause (ii) of subparagraph (B) or has

a rear or side setback of less than four feet.
(2) A local agency shall not require, as a condition for ministerial approval of a permit application for the creation of an accessory dwelling unit or a junior accessory dwelling unit, the correction of nonconforming zoning conditions. (3) The installation of fire sprinklers shall not be required in an accessory dwelling unit if sprinklers are not required for the primary residence.
(4) A local agency may require owner occupancy for either the primary dwelling or the accessory dwelling unit on a single-family lot, subject to the requirements of paragraph (6) of subdivision (a). (5) A local agency shall require that a rental of the accessory dwelling unit created pursuant to this subdivision be for a term longer than 30 days.
(6) A local agency may require, as part of the application for a permit to create an accessory dwelling unit connected to an onsite wastewater treatment system, a percolation test completed within the last five years, or, if the percolation test has been recertified, within the last 10 years.
(7) Notwithstanding subdivision (c) and paragraph (1) a local agency that has adopted an ordinance by July 1, 2018, providing for the approval of accessory dwelling units in multifamily dwelling structures shall ministerially consider a permit application to construct an accessory dwelling unit that is described in paragraph (1), and may impose standards including, but not limited to, design, development, and historic standards on said accessory dwelling units. These standards shall not include requirements on minimum lot size.
(f) (1) Fees charged for the construction of accessory dwelling units shall be determined in accordance with Chapter 5 (commencing with Section 66000) and Chapter 7 (commencing with Section 66012). (2) An accessory dwelling unit shall not be considered by a local agency, special district, or water corporation to be a new residential use for purposes of calculating connection fees or capacity charges for utilities, including water and sewer service, unless the accessory dwelling unit was constructed with a new single-family dwelling. (3) (A) A local agency, special district, or water corporation shall not impose any impact fee upon the development of an accessory dwelling unit less than 750 square feet. Any impact fees charged for an accessory dwelling unit of 750 square feet or more shall be charged proportionately in relation to the square footage of the primary dwelling unit. (B) For purposes of this paragraph, “impact fee” has the same meaning as the term “fee” is defined in subdivision (b) of Section 66000, except that it also includes fees specified in Section 66477. “Impact fee” does not include any connection fee or capacity charge charged by a local agency, special district, or water corporation. (4) For an accessory dwelling unit described in subparagraph (A) of paragraph (1) of subdivision (e), a local agency, special district, or water corporation shall not require the applicant to install a new or separate utility connection directly between the accessory dwelling unit and the utility or impose a related connection fee or capacity charge, unless the accessory dwelling unit was constructed with a new single-family dwelling.
(5) For an accessory dwelling unit that is not described in subparagraph (A) of paragraph (1) of subdivision (e), a local agency, special district, or water corporation may require a new or separate utility connection directly between the accessory dwelling unit and the utility. Consistent with Section 66013, the connection may be subject to a connection fee or capacity charge that shall be proportionate to the burden of the proposed accessory dwelling unit, based upon either its square feet or the number of its drainage fixture unit (DFU) values, as defined in the Uniform Plumbing Code adopted and published by the International Association of Plumbing and Mechanical Officials, upon the water or sewer system. This fee or charge shall not exceed the reasonable cost of providing this service.
(g) This section does not limit the authority of local agencies to adopt less restrictive requirements for the creation of an accessory dwelling unit.
(h) (1) A local agency shall submit a copy of the ordinance adopted pursuant to subdivision (a) to the Department of Housing and Community Development within 60 days after adoption. After adoption of an ordinance, the department may submit written findings to the local agency as to whether the ordinance complies with this section. (2) (A) If the department finds that the local agency’s ordinance does not comply with this section, the department shall notify the local agency and shall provide the local agency with a reasonable time, no longer than 30 days, to respond to the findings before taking any other action authorized by this section.
(B) The local agency shall consider the findings made by the department pursuant to subparagraph (A) and shall do one of the following:
(i) Amend the ordinance to comply with this section.
(ii) Adopt the ordinance without changes. The local agency shall include findings in its resolution adopting the ordinance that explain the reasons the local agency believes that the ordinance complies with this section despite the findings of the department.
(3) (A) If the local agency does not amend its ordinance in response to the department’s findings or does not adopt a resolution with findings explaining the reason the ordinance complies with this section and addressing the department’s findings, the department

shall notify the local agency and may notify the Attorney General that the local agency is in violation of state law. (B) Before notifying the Attorney General that the local agency is in violation of state law, the department may consider whether a local agency adopted an ordinance in compliance with this section between January 1, 2017, and January 1, 2020. (i) The department may review, adopt, amend, or repeal guidelines to implement uniform standards or criteria that supplement or clarify the terms, references, and standards set forth in this section. The guidelines adopted pursuant to this subdivision are not subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2. (j) As used in this section, the following terms mean:
(1) “Accessory dwelling unit” means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. An accessory dwelling unit also includes the following:
(A) An efficiency unit.
(B) A manufactured home, as defined in Section 18007 of the Health and Safety Code. (2) “Accessory structure” means a structure that is accessory and incidental to a dwelling located on the same lot. (3) “Efficiency unit” has the same meaning as defined in Section 17958.1 of the Health and Safety Code. (4) “Living area” means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.
(5) “Local agency” means a city, county, or city and county, whether general law or chartered. (6) “Nonconforming zoning condition” means a physical improvement on a property that does not conform to current zoning standards.
(7) “Passageway” means a pathway that is unobstructed, clear to the sky, and extends from a street to one entrance of the accessory dwelling unit.
(8) “Proposed dwelling” means a dwelling that is the subject of a permit application and that meets the requirements for permitting. (9) “Public transit” means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public. (10) “Tandem parking” means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.
(k) A local agency shall not issue a certificate of occupancy for an accessory dwelling unit before the local agency issues a certificate of occupancy for the primary dwelling.
(l) Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code), except that the local government shall not be required to hold public hearings for coastal development permit applications for accessory dwelling units. (m) A local agency may count an accessory dwelling unit for purposes of identifying adequate sites for housing, as specified in subdivision (a) of Section 65583.1, subject to authorization by the department and compliance with this division. (n) In enforcing building standards pursuant to Article 1 (commencing with Section 17960) of Chapter 5 of Part 1.5 of Division 13 of the Health and Safety Code for an accessory dwelling unit described in paragraph (1) or (2) below, a local agency, upon request of an owner of an accessory dwelling unit for a delay in enforcement, shall delay enforcement of a building standard, subject to compliance with Section 17980.12 of the Health and Safety Code:
(1) The accessory dwelling unit was built before January 1, 2020. (2) The accessory dwelling unit was built on or after January 1, 2020, in a local jurisdiction that, at the time the accessory dwelling unit was built, had a noncompliant accessory dwelling unit ordinance, but the ordinance is compliant at the time the request is made. (o) This section shall become operative on January 1, 2025.

SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.

SENATE BILL NO. 897
Bill Text: CA SB897 | 2021-2022 | Regular Session | Amended California Senate Bill 897
Bill Title: Accessory dwelling units: junior accessory dwelling units.

Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed) 2022-08-03 - August 3 hearing postponed by committee. [SB897 Detail] Download: California-2021-SB897-Amended.html
AMENDED IN ASSEMBLY AUGUST 01, 2022
AMENDED IN ASSEMBLY JUNE 30, 2022
AMENDED IN ASSEMBLY JUNE 20, 2022
AMENDED IN ASSEMBLY JUNE 16, 2022
AMENDED IN SENATE MAY 19, 2022
AMENDED IN SENATE APRIL 18, 2022
AMENDED IN SENATE MARCH 14, 2022
CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION
Introduced by Senator Wieckowski
February 01, 2022
An act to amend Section 65852.22 of, to add Section 65852.23 to, and to repeal and amend Section 65852.2 of, the Government Code, and to amend Section 17980.12 of the Health and Safety Code, relating to land use.

LEGISLATIVE COUNSEL'S DIGEST
SB 897, as amended, Wieckowski. Accessory dwelling units: junior accessory dwelling units. (1) Existing law, the Planning and Zoning Law, authorizes a local agency, by ordinance or ministerial approval, to provide for the creation of accessory dwelling units in areas zoned for residential use, as specified. Existing law authorizes a local agency to impose standards on accessory dwelling units that include, but are not limited to, parking, height, setback, landscape, architectural review, and maximum size of a unit.

This bill would require that the standards imposed on accessory dwelling units be objective. For purposes of this requirement, the bill would define “objective standard” as a standard that involves no personal or subjective judgment by a public official and is uniformly verifiable, as specified. The bill would also prohibit a local agency from denying an application for a permit to create an accessory dwelling unit due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the accessory dwelling unit.

This bill would require a local agency to review and issue a demolition permit for a detached garage that is to be replaced by an accessory dwelling unit at the same time as it reviews and issues the permit for the accessory dwelling unit. The bill would prohibit an applicant from being required to provide written notice or post a placard for the demolition of a detached garage that is to be replaced by an accessory dwelling unit, as specified.

Existing law provides that an accessory dwelling unit may either be an attached or detached residential dwelling unit, and prescribes the minimum and maximum unit size requirements, height limitations, and setback requirements that a local agency may establish, including a 16-foot height limitation and a 4-foot side and rear setback requirement.

This bill would increase the maximum height limitation that may be imposed by a local agency on an accessory dwelling unit to 18 feet if the accessory dwelling unit is within 1/2 mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined, or if the accessory dwelling unit is detached and on a lot that has an existing multifamily, multistory dwelling, as specified.

The bill would increase the maximum height limitation that may be imposed by a local agency on an accessory dwelling unit to 25 feet if the accessory dwelling unit is attached to a primary dwelling.

Existing law requires an ordinance that provides for the creation of an accessory dwelling unit to require accessory dwelling units to comply with local building code requirements that apply to detached dwellings, as appropriate. Existing law also prohibits an ordinance from requiring an accessory dwelling unit to provide fire sprinklers if they are not required for the primary residence.

This bill would provide that the construction of an accessory dwelling unit does not constitute a Group R occupancy change under the local building code, except as specified. The bill would prohibit the construction of an accessory dwelling unit from triggering a requirement that fire sprinklers be installed in the existing primary dwelling.

Existing law provides that a local agency shall ministerially approve an application for a building permit within a residential or mixeduse zone to create not more than 2 accessory dwelling units that are located on a lot that has an existing multifamily dwelling, but are detached from that multifamily dwelling and are subject to a height limitation of 16 feet and a 4-foot side and rear setback requirement.

This bill would change the height limitation applicable to an accessory dwelling unit subject to ministerial approval to 18 feet if the accessory dwelling unit is within 1/2 mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined, or if the accessory dwelling unit is detached and on a lot that has an existing multifamily, multistory dwelling, as specified. The bill would change the height limitation applicable to an accessory dwelling unit subject to ministerial approval to 25 feet if the accessory dwelling unit is attached to a primary dwelling. The bill, if the existing multifamily dwelling exceeds applicable height requirements or has a rear or side setback of less than 4 feet, would prohibit a local agency from requiring any modification to the existing multifamily dwelling to satisfy these requirements. The bill would prohibit a local agency from rejecting an application for an accessory dwelling unit because the existing multifamily dwelling exceeds applicable height requirements or has a rear or side setback of less than 4 feet.

Existing law prohibits a local agency from imposing parking standards on certain accessory dwelling units, including those that are located within 1/2-mile walking distance of public transit.

This bill would also prohibit a local agency from imposing any parking standards on an accessory dwelling unit that is included in an application to create a new single-family dwelling unit or a new multifamily dwelling on the same lot, provided that the accessory dwelling unit meets other specified requirements.
(2) Existing law also provides for the creation of junior accessory dwelling units by local ordinance, or, if a local agency has not adopted an ordinance, by ministerial approval, in accordance with specified standards and conditions. Existing law requires an ordinance that provides for the creation of a junior accessory dwelling unit to, among other things, (A) require that the unit be constructed within the walls of the proposed or existing single-family residence, (B) require that the unit include a separate entrance from the main entrance to the proposed or existing single-family residence, and (C) require owner-occupancy in the single-family residence in which the junior accessory dwelling unit is permitted.

This bill would specify that enclosed uses within the proposed or existing single-family residence, such as attached garages, are considered a part of the proposed or existing single-family residence. The bill would require a junior accessory dwelling unit that does not include a separate bathroom to include a separate entrance from the main entrance to the structure, with an interior entry to the main living area. The bill would also prohibit a local agency from denying an application for a permit to create a junior accessory dwelling unit due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the junior accessory dwelling unit. (3) Existing law requires a local agency, in enforcing building standards applicable to accessory dwelling units, to delay enforcement for up to 5 years upon the owner submitting an application requesting the delay on the basis that correcting the violation is not necessary to protect health and safety.

This bill would prohibit a local agency from denying a permit for an unpermitted accessory dwelling unit that was constructed before January 1, 2018, because, among other things, the unit is in violation of building standards or state or local standards applicable to accessory dwelling units, unless the local agency makes a finding that correcting the violation is necessary to protect the health and safety of the public or occupants of the structure. This bill would specify that this prohibition does not apply to a building that is deemed substandard under specified provisions of law.
(4) Existing law requires the Department of Housing and Community Development to administer various programs intended to promote the development of housing, including the Multifamily Housing Program, pursuant to which the department provides financial assistance in the form of deferred payment loans to pay for the eligible costs of development for specified activities.

This bill would state the intent of the Legislature that accessory dwelling unit grant programs provide funding for predevelopment costs and facilitate accountability and oversight, as specified.

(5) By imposing new duties on local governments with respect to the approval of accessory dwelling units and junior accessory dwelling units, the bill would impose a state-mandated local program.

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

Statutory provisions establish procedures for making that reimbursement.

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

Digest Key
Vote: majority Appropriation: no Fiscal Committee: yes Local Program: yes Bill Text
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1. It is the intent of the Legislature to ensure that grant programs that fund the construction and maintenance of accessory dwelling units undertake both of the following:
(a) Provide funding for predevelopment costs, such as development of plans and permitting of accessory dwelling units. (b) Facilitate accountability and oversight, including annual reporting on outcomes to the Legislature.

SEC. 2. Section 65852.2 of the Government Code, as amended by Section 1 of Chapter 343 of the Statutes of 2021, is amended to read:
65852.2. (a) (1) A local agency may, by ordinance, provide for the creation of accessory dwelling units in areas zoned to allow singlefamily or multifamily dwelling residential use. The ordinance shall do all of the following:
(A) Designate areas within the jurisdiction of the local agency where accessory dwelling units may be permitted. The designation of areas may be based on the adequacy of water and sewer services and the impact of accessory dwelling units on traffic flow and public safety. A local agency that does not provide water or sewer services shall consult with the local water or sewer service provider regarding the adequacy of water and sewer services before designating an area where accessory dwelling units may be permitted.
(B) (i) Impose objective standards on accessory dwelling units that include, but are not limited to, parking, height, setback, landscape, architectural review, maximum size of a unit, and standards that prevent adverse impacts on any real property that is listed in the California Register of Historical Resources. These standards shall not include requirements on minimum lot size. (ii) Notwithstanding clause (i), a local agency may reduce or eliminate parking requirements for any accessory dwelling unit located within its jurisdiction.
(C) Provide that accessory dwelling units do not exceed the allowable density for the lot upon which the accessory dwelling unit is located, and that accessory dwelling units are a residential use that is consistent with the existing general plan and zoning designation for the lot.
(D) Require the accessory dwelling units to comply with all of the following:
(i) Except as provided in Section 65852.26, the accessory dwelling unit may be rented separate from the primary residence, but may not be sold or otherwise conveyed separate from the primary residence. (ii) The lot is zoned to allow single-family or multifamily dwelling residential use and includes a proposed or existing dwelling. (iii) The accessory dwelling unit is either attached to, or located within, the proposed or existing primary dwelling, including attached garages, storage areas or similar uses, or an accessory structure or detached from the proposed or existing primary dwelling and located on the same lot as the proposed or existing primary dwelling. (iv) If there is an existing primary dwelling, the total floor area of an attached accessory dwelling unit shall not exceed 50 percent of the existing primary dwelling.
(v) The total floor area for a detached accessory dwelling unit shall not exceed 1,200 square feet. (vi) No passageway shall be required in conjunction with the construction of an accessory dwelling unit. (vii) No setback shall be required for an existing living area or accessory structure or a structure constructed in the same location and to the same dimensions as an existing structure that is converted to an accessory dwelling unit or to a portion of an accessory dwelling unit, and a setback of no more than four feet from the side and rear lot lines shall be required for an accessory dwelling unit that is not converted from an existing structure or a new structure constructed in the same location and to the same dimensions as an existing structure.
(viii) Local building code requirements that apply to detached dwellings, except that the construction of an accessory dwelling unit shall not constitute a Group R occupancy change under the local building code, as described in Section 310 of the

California Building Code (Title 24 of the California Code of Regulations). Regulations), unless the building official or enforcement agency of the local agency makes a written finding based on substantial evidence in the record that the construction of the accessory dwelling unit could have a specific, adverse impact on public health and safety. Nothing in this clause shall be interpreted to prevent a local agency from changing the occupancy code of a space that was unhabitable space or was only permitted for nonresidential use and was subsequently converted into a for residential use pursuant to this section. (ix) Approval by the local health officer where a private sewage disposal system is being used, if required. (x) (I) Parking requirements for accessory dwelling units shall not exceed one parking space per accessory dwelling unit or per bedroom, whichever is less. These spaces may be provided as tandem parking on a driveway. (II) Offstreet parking shall be permitted in setback areas in locations determined by the local agency or through tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions. (III) This clause shall not apply to an accessory dwelling unit that is described in subdivision (d). (xi) When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit or converted to an accessory dwelling unit, the local agency shall not require that those offstreet parking spaces be replaced.
(xii) Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary residence.

The construction of an accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.
(2) The ordinance shall not be considered in the application of any local ordinance, policy, or program to limit residential growth. (3) A permit application for an accessory dwelling unit or a junior accessory dwelling unit shall be considered and approved ministerially without discretionary review or a hearing, notwithstanding Section 65901 or 65906 or any local ordinance regulating the issuance of variances or special use permits. The permitting agency shall either approve or deny the application to create an accessory dwelling unit or a junior accessory dwelling unit within 60 days from the date the local agency receives a completed application if there is an existing single-family or multifamily dwelling on the lot. If the permit application to create an accessory dwelling unit or a junior accessory dwelling unit is submitted with a permit application to create a new single-family or multifamily dwelling on the lot, the permitting agency may delay approving or denying the permit application for the accessory dwelling unit or the junior accessory dwelling unit until the permitting agency approves or denies on the permit application to create the new singlefamily dwelling, but the application to create the accessory dwelling unit or junior accessory dwelling unit shall be considered without discretionary review or hearing. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay. If the local agency has not approved or denied the completed application within 60 days, the application shall be deemed approved. A local agency may charge a fee to reimburse it for costs incurred to implement this paragraph, including the costs of adopting or amending any ordinance that provides for the creation of an accessory dwelling unit. (4) The ordinance shall require that a demolition permit for a detached garage that is to be replaced with an accessory dwelling unit be reviewed with the application for the accessory dwelling unit and issued at the same time. (5) The ordinance shall not require, and the applicant shall not be otherwise required, to provide written notice or post a placard for the demolition of a detached garage that is to be replaced with an accessory dwelling unit, unless the property is located within an architecturally and historically significant historic district. (6) An existing ordinance governing the creation of an accessory dwelling unit by a local agency or an accessory dwelling ordinance adopted by a local agency shall provide an approval process that includes only ministerial provisions for the approval of accessory dwelling units and shall not include any discretionary processes, provisions, or requirements for those units, except as otherwise provided in this subdivision. If a local agency has an existing accessory dwelling unit ordinance that fails to meet the requirements of this subdivision, that ordinance shall be null and void and that agency shall thereafter apply the standards established in this subdivision for the approval of accessory dwelling units, unless and until the agency adopts an ordinance that complies with this section.
(7) No other local ordinance, policy, or regulation shall be the basis for the delay or denial of a building permit or a use permit under this subdivision.
(8) (A) This subdivision establishes the maximum standards that local agencies shall use to evaluate a proposed accessory dwelling unit on a lot that includes a proposed or existing single-family dwelling. No additional standards, other than those provided in this subdivision, shall be used or imposed, except that, subject to subparagraphs (B) and (C), a local agency may require an applicant for a permit issued pursuant to this subdivision to be an owner-occupant. (B) (i) Notwithstanding subparagraph (A), a local agency shall not impose an owner-occupant requirement on an accessory dwelling unit before January 1, 2025.
(ii) Notwithstanding subparagraph (A), a local agency shall not impose an owner-occupant requirement on an accessory dwelling unit that was permitted between January 1, 2020, and January 1, 2025. (C) Notwithstanding subparagraphs (A) and (B), a local agency may require that an accessory dwelling unit be used for rentals of terms longer than 30 days.

(9) A local agency may amend its zoning ordinance or general plan to incorporate the policies, procedures, or other provisions applicable to the creation of an accessory dwelling unit if these provisions are consistent with the limitations of this subdivision. (10) An accessory dwelling unit that conforms to this subdivision shall be deemed to be an accessory use or an accessory building and shall not be considered to exceed the allowable density for the lot upon which it is located, and shall be deemed to be a residential use that is consistent with the existing general plan and zoning designations for the lot. The accessory dwelling unit shall not be considered in the application of any local ordinance, policy, or program to limit residential growth. (b) When a local agency that has not adopted an ordinance governing accessory dwelling units in accordance with subdivision (a) receives an application for a permit to create an accessory dwelling unit pursuant to this subdivision, the local agency shall approve or disapprove the application ministerially without discretionary review pursuant to subdivision (a). The permitting agency shall either approve or deny the application to create an accessory dwelling unit or a junior accessory dwelling unit within 60 days from the date the local agency receives a completed application if there is an existing single-family or multifamily dwelling on the lot. If the permit application to create an accessory dwelling unit or a junior accessory dwelling unit is submitted with a permit application to create a new single-family or multifamily dwelling on the lot, the permitting agency may delay approving or denying the permit application for the accessory dwelling unit or the junior accessory dwelling unit until the permitting agency approves or denies the permit application to create the new single-family dwelling, but the application to create the accessory dwelling unit or junior accessory dwelling unit shall still be considered ministerially without discretionary review or a hearing. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay. If the local agency has not approved or denied the completed application within 60 days, the application shall be deemed approved.
(c) (1) Subject to paragraph (2), a local agency may establish minimum and maximum unit size requirements for both attached and detached accessory dwelling units.
(2) Notwithstanding paragraph (1), a local agency shall not establish by ordinance any of the following:
(A) A minimum square footage requirement for either an attached or detached accessory dwelling unit that prohibits an efficiency unit.
(B) A maximum square footage requirement for either an attached or detached accessory dwelling unit that is less than either of the following:
(i) 850 square feet.
(ii) 1,000 square feet for an accessory dwelling unit that provides more than one bedroom. (C) Any requirement for a zoning clearance or separate zoning review or any other minimum or maximum size for an accessory dwelling unit, size based upon a percentage of the proposed or existing primary dwelling, or limits on lot coverage, floor area ratio, open space, and minimum lot size, for either attached or detached dwellings that does not permit at least an 800 square foot accessory dwelling unit that is lower than the applicable height limitation in clause (ii) of subparagraph (B) of paragraph (1) of subdivision (e) with four-foot side and rear yard setbacks to be constructed in compliance with all other local development standards.
(d) Notwithstanding any other law, and whether or not the local agency has adopted an ordinance governing accessory dwelling units in accordance with subdivision (a), all of the following shall apply:
(1) The local agency shall not impose any parking standards for an accessory dwelling unit in any of the following instances:
(A) Where the accessory dwelling unit is located within one-half mile walking distance of public transit. (B) Where the accessory dwelling unit is located within an architecturally and historically significant historic district. (C) Where the accessory dwelling unit is part of the proposed or existing primary residence or an accessory structure. (D) When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit. (E) When there is a car share vehicle located within one block of the accessory dwelling unit. (F) (1) When a permit application for an accessory dwelling unit is submitted with a permit application to create a new singlefamily dwelling or a new multifamily dwelling on the same lot, provided that the accessory dwelling unit or the parcel satisfies any other criteria listed in this paragraph.
(2) The local agency shall not deny an application for a permit to create an accessory dwelling unit due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the accessory dwelling unit. (e) (1) Notwithstanding subdivisions (a) to (d), inclusive, a local agency shall ministerially approve an application for a building permit within a residential or mixed-use zone to create any of the following:
(A) One accessory dwelling unit and one junior accessory dwelling unit per lot with a proposed or existing single-family dwelling if all of the following apply:
(i) The accessory dwelling unit or junior accessory dwelling unit is within the proposed space of a single-family dwelling or existing space of a single-family dwelling or accessory structure and may include an expansion of not more than 150 square

feet beyond the same physical dimensions as the existing accessory structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress. (ii) The space has exterior access from the proposed or existing single-family dwelling. (iii) The side and rear setbacks are sufficient for fire and safety. (iv) The junior accessory dwelling unit complies with the requirements of Section 65852.22. (B) One detached, new construction, accessory dwelling unit that does not exceed four-foot side and rear yard setbacks for a lot with a proposed or existing single-family dwelling. The accessory dwelling unit may be combined with a junior accessory dwelling unit described in subparagraph (A). A local agency may impose the following conditions on the accessory dwelling unit:
(i) A total floor area limitation of not more than 800 square feet. (ii) A height limitation of 16 feet, except as follows:
(I) The local agency may impose a height limitation of not less than 18 feet on a detached accessory dwelling unit, if the accessory dwelling unit is within one-half mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code. A local agency shall allow an additional 2 feet in height to accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the primary dwelling unit.
(II) A local agency may impose a height limitation of not less than 18 feet on a detached accessory dwelling unit if the accessory dwelling unit is on a lot that has an existing multifamily, multistory dwelling. (III) The local agency may impose a height limitation of not less than 25 feet or the height limitation in the local zoning ordinance that applies to the primary dwelling, whichever is lower, if the accessory dwelling unit is attached to a primary dwelling.
(C) (i) Multiple accessory dwelling units within the portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings.
(ii) A local agency shall allow at least one accessory dwelling unit within an existing multifamily dwelling and shall allow up to 25 percent of the existing multifamily dwelling units.
(D) (i) Not more than two accessory dwelling units that are located on a lot that has an existing or proposed multifamily dwelling, but are detached from that multifamily dwelling and are subject to the applicable height limitation in clause (ii) of subparagraph (B) and rear yard and side setbacks of no more than 4 feet. (ii) If the existing multifamily dwelling has a rear or side setback of less than 4 feet, the local agency shall not require any modification of the existing multifamily dwelling as a condition of approving the application to construct an accessory dwelling unit that satisfies the requirements of this subparagraph. (2) A local agency shall not require, as a condition for ministerial approval of a permit application for the creation of an accessory dwelling unit or a junior accessory dwelling unit, the correction of nonconforming zoning conditions. (3) The installation of fire sprinklers shall not be required in an accessory dwelling unit if sprinklers are not required for the primary residence. The construction of an accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in the existing multifamily dwelling.
(4) A local agency may require owner-occupancy for either the primary dwelling or the accessory dwelling unit on a single-family lot, subject to the requirements of paragraph (8) of subdivision (a). (5) A local agency shall require that a rental of the accessory dwelling unit created pursuant to this subdivision be for a term longer than 30 days.
(6) A local agency may require, as part of the application for a permit to create an accessory dwelling unit connected to an onsite wastewater treatment system, a percolation test completed within the last five years, or, if the percolation test has been recertified, within the last 10 years.
(7) Notwithstanding subdivision (c) and paragraph (1) a local agency that has adopted an ordinance by July 1, 2018, providing for the approval of accessory dwelling units in multifamily dwelling structures shall ministerially consider a permit application to construct an accessory dwelling unit that is described in paragraph (1), and may impose objective standards including, but not limited to, design, development, and historic standards on said accessory dwelling units. These standards shall not include requirements on minimum lot size.
(f) (1) Fees charged for the construction of accessory dwelling units shall be determined in accordance with Chapter 5 (commencing with Section 66000) and Chapter 7 (commencing with Section 66012). (2) An accessory dwelling unit shall not be considered by a local agency, special district, or water corporation to be a new residential use for purposes of calculating connection fees or capacity charges for utilities, including water and sewer service, unless the accessory dwelling unit was constructed with a new single-family dwelling.

(3) (A) A local agency, special district, or water corporation shall not impose any impact fee upon the development of an accessory dwelling unit less than 750 square feet. Any impact fees charged for an accessory dwelling unit of 750 square feet or more shall be charged proportionately in relation to the square footage of the primary dwelling unit. (B) For purposes of this paragraph, “impact fee” has the same meaning as the term “fee” is defined in subdivision (b) of Section 66000, except that it also includes fees specified in Section 66477. “Impact fee” does not include any connection fee or capacity charge charged by a local agency, special district, or water corporation. (4) For an accessory dwelling unit described in subparagraph (A) of paragraph (1) of subdivision (e), a local agency, special district, or water corporation shall not require the applicant to install a new or separate utility connection directly between the accessory dwelling unit and the utility or impose a related connection fee or capacity charge, unless the accessory dwelling unit was constructed with a new single-family dwelling.
(5) For an accessory dwelling unit that is not described in subparagraph (A) of paragraph (1) of subdivision (e), a local agency, special district, or water corporation may require a new or separate utility connection directly between the accessory dwelling unit and the utility. Consistent with Section 66013, the connection may be subject to a connection fee or capacity charge that shall be proportionate to the burden of the proposed accessory dwelling unit, based upon either its square feet or the number of its drainage fixture unit (DFU) values, as defined in the Uniform Plumbing Code adopted and published by the International Association of Plumbing and Mechanical Officials, upon the water or sewer system. This fee or charge shall not exceed the reasonable cost of providing this service.
(g) This section does not limit the authority of local agencies to adopt less restrictive requirements for the creation of an accessory dwelling unit.
(h) (1) A local agency shall submit a copy of the ordinance adopted pursuant to subdivision (a) to the Department of Housing and Community Development within 60 days after adoption. After adoption of an ordinance, the department may submit written findings to the local agency as to whether the ordinance complies with this section. (2) (A) If the department finds that the local agency’s ordinance does not comply with this section, the department shall notify the local agency and shall provide the local agency with a reasonable time, no longer than 30 days, to respond to the findings before taking any other action authorized by this section.
(B) The local agency shall consider the findings made by the department pursuant to subparagraph (A) and shall do one of the following:
(i) Amend the ordinance to comply with this section.
(ii) Adopt the ordinance without changes. The local agency shall include findings in its resolution adopting the ordinance that explain the reasons the local agency believes that the ordinance complies with this section despite the findings of the department.
(3) (A) If the local agency does not amend its ordinance in response to the department’s findings or does not adopt a resolution with findings explaining the reason the ordinance complies with this section and addressing the department’s findings, the department shall notify the local agency and may notify the Attorney General that the local agency is in violation of state law. (B) Before notifying the Attorney General that the local agency is in violation of state law, the department may consider whether a local agency adopted an ordinance in compliance with this section between January 1, 2017, and January 1, 2020. (i) The department may review, adopt, amend, or repeal guidelines to implement uniform standards or criteria that supplement or clarify the terms, references, and standards set forth in this section. The guidelines adopted pursuant to this subdivision are not subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2. (j) As used in this section, the following terms mean:
(1) “Accessory dwelling unit” means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. An accessory dwelling unit also includes the following:
(A) An efficiency unit.
(B) A manufactured home, as defined in Section 18007 of the Health and Safety Code. (2) “Accessory structure” means a structure that is accessory and incidental to a dwelling located on the same lot. (3) “Efficiency unit” has the same meaning as defined in Section 17958.1 of the Health and Safety Code. (4) “Living area” means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.
(5) “Local agency” means a city, county, or city and county, whether general law or chartered. (6) “Nonconforming zoning condition” means a physical improvement on a property that does not conform with current zoning standards.

(7) “Objective standards” means standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal. (8) “Passageway” means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit.
(9) “Proposed dwelling” means a dwelling that is the subject of a permit application and that meets the requirements for permitting. (10) “Public transit” means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public. (11) “Tandem parking” means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.
(k) A local agency shall not issue a certificate of occupancy for an accessory dwelling unit before the local agency issues a certificate of occupancy for the primary dwelling.
(l) Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code), except that the local government shall not be required to hold public hearings for coastal development permit applications for accessory dwelling units. (m) A local agency may count an accessory dwelling unit for purposes of identifying adequate sites for housing, as specified in subdivision (a) of Section 65583.1, subject to authorization by the department and compliance with this division. (n) In enforcing building standards pursuant to Article 1 (commencing with Section 17960) of Chapter 5 of Part 1.5 of Division 13 of the Health and Safety Code for an accessory dwelling unit described in paragraph (1) or (2), a local agency, upon request of an owner of an accessory dwelling unit for a delay in enforcement, shall delay enforcement of a building standard, subject to compliance with Section 17980.12 of the Health and Safety Code:
(1) The accessory dwelling unit was built before January 1, 2020. (2) The accessory dwelling unit was built on or after January 1, 2020, in a local jurisdiction that, at the time the accessory dwelling unit was built, had a noncompliant accessory dwelling unit ordinance, but the ordinance is compliant at the time the request is made.

SEC. 3. Section 65852.2 of the Government Code, as amended by Section 2 of Chapter 343 of the Statutes of 2021, is repealed.

SEC. 4. Section 65852.22 of the Government Code is amended to read:
65852.22. (a) Notwithstanding Section 65852.2, a local agency may, by ordinance, provide for the creation of junior accessory dwelling units in single-family residential zones. The ordinance may require a permit to be obtained for the creation of a junior accessory dwelling unit, and shall do all of the following:
(1) Limit the number of junior accessory dwelling units to one per residential lot zoned for single-family residences with a singlefamily residence built, or proposed to be built, on the lot. (2) Require owner-occupancy in the single family residence in which the junior accessory dwelling unit will be permitted. The owner may reside in either the remaining portion of the structure or the newly created junior accessory dwelling unit. Owner-occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization. (3) Require the recordation of a deed restriction, which shall run with the land, shall be filed with the permitting agency, and shall include both of the following:
(A) A prohibition on the sale of the junior accessory dwelling unit separate from the sale of the single-family residence, including a statement that the deed restriction may be enforced against future purchasers. (B) A restriction on the size and attributes of the junior accessory dwelling unit that conforms with this section. (4) Require a permitted junior accessory dwelling unit to be constructed within the walls of the proposed or existing single-family residence. For purposes of this paragraph, enclosed uses within the residence, such as attached garages, are considered a part of the proposed or existing single-family residence.
(5) (A) Require a permitted junior accessory dwelling unit to include a separate entrance from the main entrance to the proposed or existing single-family residence or attached to a detached accessory dwelling unit. (B) If a permitted junior accessory dwelling unit does not include a separate bathroom, the permitted junior accessory dwelling unit shall include a separate entrance from the main entrance to the structure, with an interior entry to the main living area. (6) Require the permitted junior accessory dwelling unit to include an efficiency kitchen, which shall include all of the following:
(A) A cooking facility with appliances.
(B) A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.

(b) (1) An ordinance shall not require additional parking as a condition to grant a permit. (2) This subdivision shall not be interpreted to prohibit the requirement of an inspection, including the imposition of a fee for that inspection, to determine if the junior accessory dwelling unit complies with applicable building standards. (c) An application for a permit pursuant to this section shall, notwithstanding Section 65901 or 65906 or any local ordinance regulating the issuance of variances or special use permits, be considered ministerially, without discretionary review or a hearing. The permitting agency shall either approve or deny the application to create a junior accessory dwelling unit within 60 days from the date the local agency receives a completed application if there is an existing single-family dwelling on the lot. If the permit application to create a junior accessory dwelling unit is submitted with a permit application to create a new single-family dwelling on the lot, the permitting agency may delay approving or denying the permit application for the junior accessory dwelling unit until the permitting agency approves or denies the permit application to create the new single-family dwelling, but the application to create the junior accessory dwelling unit shall still be considered ministerially without discretionary review or a hearing. If the applicant requests a delay, the 60- day time period shall be tolled for the period of the delay. A local agency may charge a fee to reimburse the local agency for costs incurred in connection with the issuance of a permit pursuant to this section. (d) A local agency shall not deny an application for a permit to create a junior accessory dwelling unit pursuant to this section due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and that are not affected by the construction of the junior accessory dwelling unit. (e) For purposes of any fire or life protection ordinance or regulation, a junior accessory dwelling unit shall not be considered a separate or new dwelling unit. This section shall not be construed to prohibit a city, county, city and county, or other local public entity from adopting an ordinance or regulation relating to fire and life protection requirements within a single-family residence that contains a junior accessory dwelling unit so long as the ordinance or regulation applies uniformly to all single-family residences within the zone regardless of whether the single-family residence includes a junior accessory dwelling unit or not. (f) For purposes of providing service for water, sewer, or power, including a connection fee, a junior accessory dwelling unit shall not be considered a separate or new dwelling unit.
(g) This section shall not be construed to prohibit a local agency from adopting an ordinance or regulation related to a service or a connection fee for water, sewer, or power, that applies to a single-family residence that contains a junior accessory dwelling unit, so long as that ordinance or regulation applies uniformly to all single-family residences regardless of whether the single-family residence includes a junior accessory dwelling unit.
(h) If a local agency has not adopted a local ordinance pursuant to this section, the local agency shall ministerially approve a permit to construct a junior accessory dwelling unit that satisfies the requirements set forth in subparagraph (A) of paragraph (1) of subdivision (e) of Section 65852.2 and the requirements of this section. (i) For purposes of this section, the following terms have the following meanings:
(1) “Junior accessory dwelling unit” means a unit that is no more than 500 square feet in size and contained entirely within a singlefamily residence. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure.
(2) “Local agency” means a city, county, or city and county, whether general law or chartered.

SEC. 5. Section 65852.23 is added to the Government Code, to read:
65852.23. (a) Notwithstanding any other law, and except as otherwise provided in subdivision (b), a local agency shall not deny a permit for an unpermitted accessory dwelling unit that was constructed before January 1, 2018, due to either of the following:
(1) The accessory dwelling unit is in violation of building standards pursuant to Article 1 (commencing with Section 17960) of Chapter 5 of Part 1.5 of Division 13 of the Health and Safety Code. (2) The accessory dwelling unit does not comply with Section 65852.2 or any local ordinance regulating accessory dwelling units. (b) Notwithstanding subdivision (a), a local agency may deny a permit for an accessory dwelling unit subject to subdivision (a) if the local agency makes a finding that correcting the violation is necessary to protect the health and safety of the public or occupants of the structure.
(c) The section shall not apply to a building that is deem substandard pursuant to Section 17920.3 of the Health and Safety Code.

SEC. 6. Section 17980.12 of the Health and Safety Code is amended to read:
17980.12. (a) (1) An enforcement agency, until January 1, 2030, that issues to an owner of an accessory dwelling unit described in subparagraph (A) or (B) below, a notice to correct a violation of any provision of any building standard pursuant to this part shall include in that notice a statement that the owner of the unit has a right to request a delay in enforcement pursuant to this subdivision:
(A) The accessory dwelling unit was built before January 1, 2020. (B) The accessory dwelling unit was built on or after January 1, 2020, in a local jurisdiction that, at the time the accessory dwelling unit was built, had a noncompliant accessory dwelling unit ordinance, but the ordinance is compliant at the time the request is made.

(2) The owner of an accessory dwelling unit that receives a notice to correct violations or abate nuisances as described in paragraph (1) may, in the form and manner prescribed by the enforcement agency, submit an application to the enforcement agency requesting that enforcement of the violation be delayed for five years on the basis that correcting the violation is not necessary to protect health and safety.
(3) A local agency shall not require, as a condition for ministerial approval of a permit application for the creation of an accessory dwelling unit or a junior accessory dwelling unit, the correction of a violation on the primary dwelling unit, provided that correcting the violation is not necessary to protect health and safety. (4) The enforcement agency shall grant an application described in paragraph (2) if the enforcement agency determines that correcting the violation is not necessary to protect health and safety. In making this determination, the enforcement agency shall consult with the entity responsible for enforcement of building standards and other regulations of the State Fire Marshal pursuant to Section 13146.
(5) The enforcement agency shall not approve any applications pursuant to this section on or after January 1, 2030. However, any delay that was approved by the enforcement agency before January 1, 2030, shall be valid for the full term of the delay that was approved at the time of the initial approval of the application pursuant to paragraph (4). (b) For purposes of this section, “accessory dwelling unit” has the same meaning as defined in Section 65852.2. (c) This section shall remain in effect only until January 1, 2035, and as of that date is repealed.

SEC. 7. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.

ASSEMBLY BILL NO. 2097
Bill Text: CA AB2097 | 2021-2022 | Regular Session | Amended California Assembly Bill 2097
Bill Title: Residential, commercial, or other development types: parking requirements.

Spectrum: Partisan Bill (Democrat 5-0)
Status: (Engrossed) 2022-08-08 - In committee: Referred to suspense file. [AB2097 Detail] Download: California-2021-AB2097-Amended.html
AMENDED IN SENATE JUNE 23, 2022
AMENDED IN SENATE JUNE 09, 2022
AMENDED IN ASSEMBLY MAY 19, 2022
CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION
Introduced by Assembly Member Friedman
(Coauthors: Assembly Members Lee and Ward)
(Coauthors: Senators Skinner and Wiener)
February 14, 2022
An act to add Section 65863.2 to the Government Code, relating to land use.

LEGISLATIVE COUNSEL'S DIGEST
AB 2097, as amended, Friedman. Residential, commercial, or other development types: parking requirements.

The Planning and Zoning Law requires each county and city to adopt a comprehensive, long-term general plan for its physical development, and the development of certain lands outside its boundaries, that includes, among other mandatory elements, a land use element, and a conservation element. Existing law also permits variances to be granted from the parking requirements of a zoning ordinance for nonresidential development if the variance will be an incentive to the development and the variance will facilitate access to the development by patrons of public transit facilities.

This bill would prohibit a public agency agency, in a county with a population of 600,000 or more, from imposing a minimum automobile parking requirement, or enforcing a minimum automobile parking requirement, on any of specified residential, commercial, or other development types if the project is located within 1/2 mile of public transit, as defined. The bill would also prohibit a public agency, in a county with a population of less than 600,000, and a city with a population of 75,000 or more, from imposing or enforcing a minimum automobile parking requirement on specified residential, commercial, or other development types if the project is located within 1/4 mile of public transit. For a city with a population of less than 75,000, or a county with a population of less than 600,000, the bill would authorize that city or county to adopt an ordinance or resolution that applies certain prohibitions regarding the abovedescribed parking requirements within its boundaries. When a project provides parking voluntarily, the bill would authorize a public agency to impose specified requirements on the voluntary parking. The bill would prohibit these provisions from reducing, eliminating, or precluding the enforcement of any requirement imposed on a new multifamily or nonresidential development to provide electric vehicle supply equipment installed parking spaces or parking spaces that are accessible to persons with disabilities. The bill, notwithstanding the above provisions, would also require the development project to provide parking, as required by local ordinance,

for employees and other workers of hotels, motels, bed and breakfast inns, transient lodgings, and event centers. The bill would exempt certain commercial parking requirements from these provisions if the requirements of the bill conflict with an existing contractual agreement of the public agency that was executed before January 1, 2023.

By changing the duties of local planning officials, this bill would impose a state-mandated local program.

The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.

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

Statutory provisions establish procedures for making that reimbursement.

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

Digest Key
Vote: majority Appropriation: no Fiscal Committee: yes Local Program: yes Bill Text
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1. Section 65863.2 is added to the Government Code, to read:
65863.2. (a) A (1) In a county with a population of 600,000 or more, a public agency shall not impose a minimum automobile parking requirement, or enforce a minimum automobile parking requirement, on any of the following residential, commercial, or other development types if the project is located within one-half mile of public transit:
(1)
(A) A residential development with 40 or fewer units of housing. (2)
(B) A mixed-use development with 40 or fewer units of housing. (3)
(C) A residential or mixed-use development of any size in which at least 11 percent of the units will be affordable to very low income households, 20 percent of the units will be affordable to lower income households, or 40 percent of the units will be affordable to moderate-income households for at least 55 years. (4)
(D) Commercial or other development.
(2) In a county with a population of less than 600,000:
(A) In a city with a population of 75,000 or more, a public agency shall not impose a minimum automobile parking requirement, or enforce a minimum automobile parking requirement, on any of the following residential, commercial, or other development types if the project is located within one-quarter mile of public transit:
(i) A residential development with 40 or fewer units of housing. (ii) A mixed-use development with 40 or fewer units of housing. (iii) A residential or mixed-use development of any size in which at least 11 percent of the units will be affordable to very low income households, 20 percent of the units will be affordable to lower income households, or 40 percent of the units will be affordable to moderate-income households for at least 55 years. (iv) Commercial or other development.
(B) A city with a population of less than 75,000, or a county with a population of less than 600,000, may adopt an ordinance or resolution that applies the prohibitions of subparagraph (A) of paragraph (2) or paragraph (1) within its boundaries. This authority is in addition to any other authority provided by law for a city or county to reduce automobile parking requirements within its jurisdiction.
(b) When a project provides parking voluntarily, a public agency may impose requirements on that voluntary parking to require spaces for car share vehicles, require spaces to be shared with the public, or require parking owners to charge for parking. (c) Subdivision (a) shall not reduce, eliminate, or preclude the enforcement of any requirement imposed on a new multifamily residential or nonresidential development to provide electric vehicle supply equipment installed parking spaces or parking spaces that are accessible to persons with disabilities that would have otherwise applied to the development if this section did not apply.