AGENDA
LEGISLATIVE POLICY COMMITTEE
REGULAR MEETING NOTICE
JUNE 4, 2024
PUBLIC MEETING 4:30 P.M.
MEMBERS
Steve Madison, Chair, District 6
Gene Masuda, District 4
Jess Rivas, District 5
Jason Lyon, District 7
STAFF
Brenda Harvey-Williams, Assistant City Manager
Javan Rad, Chief Assistant City Attorney
Tamer Sabha, Recording Secretary
MISSION STATEMENT
The City of Pasadena is dedicated to delivering exemplary municipal services, responsive to our entire community and consistent
with our history, culture and unique character.
In compliance with the Americans with Disabilities Act of 1990, Assistive Listening Devices are available from the City Clerk’s Office with a 24-hour advance notice.
Please call (626) 744-4124 to request use of a listening device.
Language translation services are available for this meeting by calling (626) 744-4124 at least 24 hours in advance.
Habrá servicio de interpretación disponible para éstas juntas llamando al (626) 744-4124 por lo menos con 24 horas de anticipación.
Items on the agenda may not be called in order listed.
Agendas and supporting documents are available on the Internet at http://www.cityofpasadena.net/commissions/city-council-legislative-policy-committee/ Materials related to an item on this Agenda submitted to the Legislative Policy Committee after distribution of the agenda packet will be posted online and listed as: “Supplemental Agenda Material Received after the Posting of the agenda”
PUBLIC COMMENT AT THE LEGISLATIVE POLICY COMMITTEE MEETING FOR JUNE 4, 2024 AT 4:30 P.M. WILL BE ACCEPTED IN-PERSON AND BY VIDEOCONFERENCE/TELECONFERENCE.
Link to City Meeting Policy:
cityofpasadena.net/CityCouncilMeetingPolicy
TO VIEW A LIVE STREAM OF THE MEETING:
http://pasadena.granicus.com/MediaPlayer.php?publish_id=9 AND
WWW.PASADENAMEDIA.ORG
In order to facilitate public participation at meetings the City will accept public comment in the following manner:
1. Whether participating in-person or virtually at the meeting, members of the public may provide public comment by submitting a speaker card prior to the start of public comment on that item, at the following webpage:
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If a public comment speaker wishes to speak on more than one agenda item, please indicate which items on the online form (multiple item speakers will be handled according to the process posted on the agenda and as specified in the City meeting policy). Public comments are limited to 3 minutes each, and the Chair and Committee may limit this time if reasonable under the circumstances.
2. In-person Meeting Participation: Complete an online speaker card at the following website: www.cityofpasadena.net/commissions/public-comment/ After submitting a public speaker card, members of the public may attend the meeting in-person by coming to the Pasadena City Council Chamber, Room S249 at City Hall at the date and start-time of the posted meeting.
Virtual Meeting Participation: For virtual participants, you may attend by connecting to the meeting using a computer, other electronic device, or by telephone. Please review the agenda to identify the published start time for the meeting and connect to the meeting just prior to, or at the start of the meeting.
To participate in public comment for an item and to be recognized to speak, it is required that the speaker login to the meeting using the same name or telephone number used on the Speaker Card form. This will allow City staff to locate and promote the speaker into the meeting when it is time for their public comment.
Participants’ phone calls to the Committee meeting will be recorded as part of the Committee meeting. By staying on the line and making public comment during the Committee meeting by phone, you are agreeing to have your phone call recorded. Following is the connectivity information for virtual participation:
Computer or electronic devices, join the meeting at: cityofpasadena.net/cczoom Telephone only dial-in: 1-669-900-6833, Meeting ID: 161 482 446
3. Speaker Card Help Line: If a public comment speaker needs assistance in completing a speaker card, please call the City Clerk’s Office at: (626) 744-4124.
Help line will open 30 minutes prior to the posted start time of the meeting.
4. Members of the public may submit correspondence of any length prior to the start of the meeting, at the following email address:
Written correspondence will be forwarded to the Legislative Policy Committee prior to the start of the meeting, posted online, and made part of the legislative record for the item.
LIVESTREAM WITH CAPTIONING IS AVAILABLE AT WWW.PASADENAMEDIA.ORG, AND ALSO AT WWW.CITYOFPASADENA.NET/COMMISSIONS/AGENDAS,
IF YOU NEED A REASONABLE MODIFICATION OR ACCOMMODATION PURSUANT
TO THE AMERICANS WITH DISABILITIES ACT
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AS SOON AS POSSIBLE AT (626) 744-4124 OR
[email protected].
REGULAR MEETING
AGENDA
LEGISLATIVE POLICY COMMITTEE
JUNE 4, 2024
Public Meeting: 4:30 P.M.
Council Chamber, Pasadena City Hall
100 North Garfield Avenue, Room S249
PUBLIC MEETING - 4:30 P.M.
ROLL CALL
PUBLIC COMMENT – Public comment will be limited to a total of 20 minutes at the beginning of the meeting and will continue at the conclusion of the meeting, if necessary. Please limit comments to 3 minutes each.
APPROVAL OF MINUTES
OLD BUSINESS
1. REVIEW OF SOUTH SAN RAFAEL FILMING GUIDELINES*
NEW BUSINESS
INFORMATION ONLY
2. BRIEFING BY CHRIS GIGLIO ON FEDERAL LEGISLATIVE MATTERS
3. BRIEFING BY KYRA EMANUELS ROSS ON STATE LEGISLATIVE MATTERS
4. REVIEW AND DISCUSSION OF CHARTER REFORM; CAMPAIGN
FINANCE/ETHICS REFORM; AND COUNCIL PARLIAMENTARY
PROCEDURES
5. REVIEW OF THE TAXPAYER PROTECTION ACT INITIATIVE 21-0042A1
6. REVIEW OF RECENT HOUSING LEGISLATION IN CALIFORNIA*
7. UPDATE ON CALTRANS HOME SALES
8. PAST AGENDAS FOR CITY BOARDS AND COMMISSIONS*
a. Accessibility and Disability Commission – May 30, 2024 b. Arts & Culture Commission – May 8, 2024
c. Environmental Advisory Commission – May 14, 2024
d. Hahamongna Watershed Park Advisory Committee – May 28, 2024 e. Historic Preservation Commission – June 4, 2024
f. Human Services Commission – May 8, 2024
g. Library Commission – May 29, 2024
h. Northwest Commission – May 14, 2024
i. Pasadena Rental Housing Board – May 8, 2024, May 22, 2024 j. Planning Commission – May 8, 2024
k. Recreation and Parks Commission – May 7, 2024, June 4, 2024 l. Reconnecting Communities 710 Advisory Group – May 15, 2024 m. Senior Commission – May 14, 2024
n. Transportation Advisory Commission – May 23, 2024, May 30, 2024
ADJOURN
MEMORANDUM
TO: LEGISLATIVE POLICY COMMITTEE
FROM: JENNIFER PAIGE, DIRECTOR OF THE PLANNING & COMMUNITY
DEVELOPMENT DEPARTMENT
DATE: JUNE 4, 2024
SUBJECT: PASADENA FILM ORDINANCE AND GUIDELINES
______________________________________________________________________
RECOMMENDATION:
Receive the report and provide direction to staff regarding the City’s film permitting process.
BACKGROUND:
At the February 28, 2024, Legislative Policy Committee meeting, staff made a presentation on the City’s Film Ordinance and the South San Rafael Special Filming District. Committee members requested staff to return with further information regarding the City’s existing filming regulations, the role of the Film Commissioner (originally known as the Film Liaison), properties with special filming conditions and recommendations to improve the film permitting process. This staff report is in response to the February 28th discussion.
EXISTING FILMING REGULATIONS:
In 1985, the City Council adopted Pasadena’s Film Ordinance to create procedures and regulations for filming. In 1992 and 2000, the City Council adopted General Filming Guidelines for the entire City and additional guidelines for areas that may generate more filming activity (e.g., Frequently Filmed Areas and Special Filming Districts). All commercial filming (including television, still photography, student films, director’s reels and other similar projects), whether on public or private property, require a commercial filming permit. The City’s Film Office coordinates all film production and reviews filming permits under the leadership of the Film Commissioner.
Legislative Policy Committee June 4, 2024
Pasadena Film Ordinance and Guidelines
The number of filming permits issued in the City remains high. However, it has not fully recovered since the COVID-19 pandemic and recent Hollywood labor disputes:
2019 – 466 permits
2020 – 183
2021 – 242
2022 – 288
2023 – 202
2024 – 97 (through mid-May)
The City’s General Filming Guidelines outline the number of filming permits allowed per quarter per property, filming hours, signature requirements, notification requirements and operational standards. They also provide procedures for filming complaints.
Attachment A provides a summary of the City’s General Filming Guidelines.
Frequently Filmed Areas
In the late 1980s, it became apparent that some areas of Pasadena generated more filming activity, which can negatively impact neighborhoods. In response, the City Council adopted guidelines in 1992 to provide more stringent conditions for filming permits for neighborhoods identified as Frequently Filmed Areas (FFAs). Since then, the Film Commissioner has designated 12 FFAs in residential neighborhoods, with the most recent established in 2000. See Attachment B for a map showing the locations of the FFAs.
If an area of the City is experiencing filming at the maximum levels allowed, which are a total of six days per quarter for residential areas and 15 days per quarter for commercial areas, they qualify to be considered an FAA. The Film Commissioner can then consider of the area should be designated an FAA. If designated, the Film Commissioner can also look at other actors that impact the FAA such as impacts from filming over the past 12 months, availability of on-street parking, width of streets, etc. The Film Commissioner defines the specific neighborhood boundary based on the location of the filming activity and all subsequent permits would then be subject to the guidelines of an FFA.
Properties in FFAs must comply with stricter signature requirements and street parking limitations compared to the rest of Pasadena. Attachment A compares the requirements for FFAs and the City’s General Filming Guidelines.
Special Filming Districts
The City Council approved the South San Rafael Special Filming District (SFD) in 1992 and approved guidelines to establish other SFDs in 2000. Such districts are neighborhood initiated and located in residentially zoned areas. They may also include customized guidelines and conditions of approval. A total of four SFDs have been created: South San Rafael, Panorama Glen, Grand/Palmetto and Hudson. See Legislative Policy Committee June 4, 2024
Pasadena Film Ordinance and Guidelines
Attachment B for a map showing the locations of the SFDs. The process to establish an SFD includes the following:
• Workshop #1 – Introduce the concept and process of creating an SFD. • Workshop #2 – Staff presents draft customized conditions to consider. • Approving the District and Conditions – A minimum 2/3rds of the property owners must agree to be part of the district and the guidelines. The South San Rafael SFD was also approved by the City Council.
• Revising or Disbanding the District – A minimum 2/3rds of the property owners must agree to revise or disband the district and/or the guidelines. Any changes to the South San Rafael SFD will also require approval by the City Council.
South San Rafael Special Filming District
The South San Rafael SFD includes 46 properties along South San Rafael Avenue between West Colorado Boulevard and La Loma Road. This portion of South San Rafael Avenue is developed with large estates; the street is narrow with limited space for on-street parking. Several high-profile movies and other television projects were filmed in this area in the late 1980s and early 1990s, negatively impacting residents.
The district was created in response to these concerns.
Properties in South San Rafael SFD must comply with significantly stricter signature and noticing requirements and street parking limitations compared to the rest of Pasadena.
Other Special Filming Districts
The other SFDs include Panorama Glen, Grand/Palmetto and Hudson. Properties in these districts must comply with the guidelines and requirements of FFAs. In addition, each district includes customized guidelines and conditions of approval. Examples include limiting filming on weekends, prohibiting helicopters and requiring minimum time periods between filming activities on individual properties.
Attachment A compares the requirements for SFDs, FFAs and the City’s General Filming Guidelines.
Block Agreements
Another form of filming neighborhood is Block Agreements. The Film Commissioner has approved five Block Agreements since 2000: Johnston Lake, Madison 1, Madison 2, Ninita and Elizabeth. Like SFDs, they are neighborhood initiated and include customized guidelines and conditions of approval. However, they typically do not meet the minimum criteria to be an FFA. In addition, rather than being subject to the conditions of FFAs or SFDs, they prefer a limited number of conditions to address a specific concern. In order for the Film Commissioner to approve a Block Agreement, 2/3rds of the property owners must agree to the customized guidelines and conditions.
See Attachment B for a map showing the locations of Block Agreements.
Legislative Policy Committee June 4, 2024
Pasadena Film Ordinance and Guidelines
ROLE OF THE FILM COMMISSIONER:
Pasadena Municipal Code Sections 17.70.060 (Film Liaison) and 17.61.090 (Film Permits) outline the responsibilities of the Film Commissioner. The Film Commissioner reviews filming permits for compliance with the City’s Film Ordinance and various guidelines, and has the authority to deny, approve or approve any permit with conditions. In most cases, filming permits are approved if they comply with all regulations. However, properties located in FFAs and SFDs receive extra scrutiny to ensure they do not negatively impact neighborhoods.
The Film Commissioner also has the authority to establish FFAs, provided the respective area meets the criteria to be considered an FFA. The Film Commissioner is also able to revise and remove FFAs. The Film Commissioner also oversees the process to establish, revise or disband SFDs and Block Agreements, at the request of a neighborhood. Film Commissioner decisions may be appealed by anyone to the Board of Zoning Appeals, and ultimately the City Council.
PROPERTIES WITH SPECIAL FILMING CONDITIONS:
As previously noted, the Film Commissioner has the authority to add special conditions to any film permit or property. In most instances, these have been added to specific filming permits rather than standing conditions for a property. However, the Film Commissioner has added special conditions that apply on an ongoing basis for the following properties or group of properties:
• 380 S. San Rafael Avenue (added in 2000) – Signatures required from the property owners of 310 and 350 S. San Rafael Avenue for any still photography or filming.
• 1288 Oakland Avenue (added in 2015) – Additional restrictions regarding still photography, parking, lighting, public safety and crew size. • 1260, 1272 and 1274 La Loma Road (added in 2015) – Properties share driveway access. Signatures are required from all property owners along the driveway. Small-scale still photography is excluded from this requirement (fewer than 20 cast and crew with no generator).
• Prospect Crescent Properties (any property that abuts Prospect Crescent regardless of the street address, added in 2018) – Prohibits filming after 7:00 p.m. daily and all filming on weekends and holidays. • 1500, 1504, 1508, 1512, 1520 and 1530 Marengo Avenue (added in 2019) – Properties share driveway access. Signatures are required from all property owners along the driveway. Small-scale still photography is excluded from this requirement.
If a property owner wants to have a special condition revised or removed, they must submit a written request to the Film Commissioner. The Film Commissioner may uphold, revise or remove the special conditions. The decision is provided in writing and Legislative Policy Committee June 4, 2024
Pasadena Film Ordinance and Guidelines
distributed to all affected property owners. The decision may be appealed by anyone to the Board of Zoning Appeals, and ultimately the City Council. The decision may also be called-up for review by a member of the City Council or Planning Commission.
RECOMMENDATIONS AND NEXT STEPS:
While the City receives few complaints about filming activities, the various guidelines in place can make the permitting and enforcement process confusing to City staff, property owners and industry professionals. In addition, the multiple layers of overlapping regulations may discourage filming activities in the City. After a thorough review of the City’s existing regulations, staff recommends the following:
• Conduct outreach to residents, property owners, industry professionals and other cities to determine best practices.
• Reevaluate FFAs and determine whether they still meet the criteria to be considered an FFA.
• Possibly consolidate FFAs and SFDs into one type of filming area. Consider requiring all new filming areas be neighborhood initiated. • Reevaluate Block Agreements including procedures to establish new Block Agreements and possibly replace Block Agreements with another program or remove entirely.
• Reevaluate the ability of the Film Commissioner to establish special conditions that apply on an ongoing basis for specific properties or group of properties. • Update the policies and procedures of the City’s Film Office and clarify the role of the Film Commissioner.
Staff will return to the Legislative Policy Committee at a later date with a summary of feedback received during outreach and a more detailed list of recommendations to streamline the film permitting process. Updates to the Film Ordinance will require Planning Commission review and City Council adoption of a Zoning Code Amendment.
Revisions to the various filming guidelines will require City Council adoption of a Resolution.
Attachments (2):
Attachment A – Summary of General Filming Guidelines, FFAs and SFDs Attachment B – Map of Filming Areas
ATTACHMENT A – SUMMARY OF GENERAL FILMING GUIDELINES, FFAs AND SFDs General Filming Guidelines
(Citywide)
Frequently Filmed
Areas (FFAs)
Special Filming Districts
(SFDs)
South San Rafael Special
Filming District (SFD)
Number of Filming
Permits:
• Residential – Up to 6 days of filming per quarter per calendar year, for a maximum 24 filming days per year • Nonresidential – Up to 15 days of filming per quarter per calendar year, for a maximum 60 filming days per year. • Still Photography and Pre/Post Filming Activities – Not included as filming days.
Filming &
Still Photography:
7 AM to 7 PM No signatures required.
Signatures from 51% of abutting
properties (defined as adjacent and
directly across the street).
7 PM to 10 PM Signatures from 51% of properties within 300 ft.
Signatures from 75% of abutting
properties plus 3 additional properties in
each direction.
Before 7 AM or
after 10 PM
• Sunday to Thursday:
Signatures from 75% of
properties within 300 ft.
• Friday & Saturday: Signatures
from 90% of properties within
300 ft.
Signatures from 100% of properties within 300 ft.
Signatures from 100% of abutting
properties plus 5 additional properties in
each direction.
Notification
Requirements:
Notices shall be distributed to all
properties within 300 ft. May be
waived for small-scale activities
when all activities are on-site
and occurs between 7 AM and
7 PM.
Notices shall be distributed to all properties within
300 ft.
Notices shall be mailed to all property
owners within 1,300 ft. with affidavits a
minimum 1 week before filming activity.
Street Parking &
Public Right-of-Way:
Signatures required for
properties directly impacted.
Signatures required for properties directly impacted.
Limited to 5 trucks and 1 generator.
Signatures required for properties
directly impacted. Limited to 5 trucks
and 1 generator. Shall only park on one
side of the street. Overnight parking is
prohibited.
City Personnel: Required for activities with 20 or more cast or crew. Required for all activities.
Public Safety: Not required but can be conditioned.
Required for activities with street
parking. Can be conditioned for other
activities.
Other:
These include requirements on application procedures, fees, operations, insurance, sound and lighting.
Customized guidelines
and conditions for each
district.
380 S. San Rafael Avenue has special
signature requirements.
Planning & Community Development
South
San Rafael
4 total:
Prospect,
Prospect Square,
Prospect Crescent &
Prospect Terrace
Armada
2 total:
Madison & OaklandPalmetto
210 Freeway
110 Freeway
PASADENA
ALTADENA
SAN MARINO
SOUTH PASADENA
LOS ANGELES
LA CANADA
SIERRA
MADRE
ARCADIA
ATTACHMENT B
MAP OF FILMING AREAS
Frequently Filmed Areas (FFAs)
(Established by Film Commissioner)
Special Filming Districts (SFDs)
(by Neighborhoods)
South San Rafael SFD
(by City Council & Neighborhood)
Block Agreements
(by Neighborhoods)
Elizabeth
Madison 1
Madison 2
Ninita
Hudson
Panorama Glen
Grand/Palmetto
Johnston Lake
Map of Filming Areas
Grand 3 total:
Filmore,
Alpine &
Miles
INFORMATION ITEMS
6. REVIEW OF RECENT HOUSING LEGISLATION IN CALIFORNIA*
MEMORANDUM
TO: Legislative Policy Committee Meeting
FROM: Jennifer Paige, Director of Planning and Community Development
DATE: June 4, 2024
SUBJECT: Recent Housing Legislation in California
The California Department of Housing and Community Development (HCD) identified significant housing challenges throughout the state in its 2018 housing assessment, and issued policy recommendations aimed at increasing production, lowering housing costs, and increasing accountability and enforcement for local jurisdictions to produce adequate housing supply. As a result, the state legislature has passed numerous bills in recent years addressing these recommendations. Continuing this trend, the 2023 legislative session resulted in the passage of a new package of housing and other planning related legislation.
An information presentation on the bills was presented to the Planning Commission at a special meeting on March 12, 2024. A summary of the bills is attached. Staff can also do a presentation on the bills to the Legislative Policy Committee at a future meeting, if requested.
Attachment A: 2023 New Housing Legislation Summary
P a g e 1 | 12
DISCLAIMER: This document is intended solely as a technical overview of new housing-related legislation. It is not intended to serve as legal advice regarding any jurisdiction's specific policies or any proposed housing development project. Local staff should consult with their city attorney or county counsel before taking any action to implement these changes.
ATTACHMENT A: 2023 New Housing Legislation Summary
This document was prepared for the Association of Bay Area Governments (ABAG) Regional Housing Technical Assistance (RHTA) program, in collaboration with the San Diego Association of Governments (SANDAG), to be shared with local planning staff. This document was further edited to apply to the Southern California Association of Governments (SCAG) region and the City of Pasadena. Below is a summary of significant housing legislation that was passed in the 2023 legislative session and subsequently signed into law by Governor Newsom. All bills become effective on January 1, 2024, unless otherwise noted.
Table of Contents
Processing Requirements (SB 4, SB 423, SB 684, AB 821, AB 1218, AB 1490)................................ ................................ .2 SB 4: Affordable Housing on Faith and Higher Education Land (Government Code § 65913.16). ..................................... 2 SB 423: Modifications to Streamlined Approval (Government Code § 65913.4) ............................................................... 3 SB 684: Subdivisions for 10 Units or Fewer (Government Code §§ 65852.28, 65913.4.5, 66499.41). .............................. 4 AB 821: General Plan and Zoning Consistency (Government Code § 65850). .................................................................... 6 AB 1218: Replacement Housing Requirements (Government Code §§ 65912.114, 65912.124, 65940, 66300, 66300.5, and 66300.6) ....................................................................................................................................................................... 6 AB 1490: Affordable Adaptive Reuse Projects (Government Code §§ 65913.12 and 65960.1) ......................................... 7 California Environmental Quality Act (AB 1449, AB 1633, SB 69) ................................ ................................ ................ 81 AB 1449: Affordable Housing CEQA Exemption (Public Resources Code § 21080.40) ..................................................... 81 AB 1633: Certain CEQA Violations Made Violations of the Housing Accountability Act (Government Code § 65589.5(h)) ............................................................................................................................................................................................. 8 SB 69: CEQA Notices of Determination (Public Resources Code § 21152) ......................................................................... 9 Density Bonus (AB 1287, SB 713, AB 323) ................................ ................................ ................................ ................ 104 AB 1287: Additional Density Bonuses (Government Code § 65915) ............................................................................. 104 SB 713: Definition of “Development Standard” (Government Code § 65915) .............................................................. 105 AB 323: Sale of Affordable Units (Government Code § 65915) ..................................................................................... 105 Accessory Dwelling Units (AB 976, AB 1332) ................................ ................................ ................................ ........... 116 Parking (AB 894, AB 1317, AB 1308) ................................ ................................ ................................ ........................ 127 AB 894: Shared Parking (Government Code § 65863.1) ................................................................................................ 127 AB 1317: Unbundled Parking (Civil Code § 1947.1) ....................................................................................................... 127 AB 1308: Parking for Single-Family Home Remodels (Government Code § 65863.3) ................................................... 128
P a g e 2 | 12
Processing Requirements --------------------------------------------------------------- (SB 4, SB 423, SB 684, AB 821, AB 1218, AB 1490)
SB 4: Affordable Housing on Faith and Higher Education Land (Government Code § 65913.16).
SB 4 requires that, upon the request of an applicant, a housing development project be a “use by right” on land owned by an independent institution of higher education or a religious institution if specified criteria are met.
Significant Provisions
To qualify for this “use by right” provision, the development site must meet the following requirements:
1. The land must be owned on or before January 1, 2024 by an independent institution of higher education or a religious institution;
2. The parcel must satisfy the requirements of Government Code §65913.4(a)(2)(A)-(B), (a)(6)(B)-(K), and (a)(7) (SB 35 Streamlined Ministerial Approval);
3. The development cannot be adjoining any site where more than 1/3 of the square footage on the site is dedicated to light industrial uses;
4. The housing units on the development may not be located within 1,200 feet of a site that is currently a heavy industrial use or where the most recent permitted use was heavy industrial, within 1,600 feet of a site that is either a site that is currently a Title V industrial use or where that was the most recent permitted use, and for a site where multifamily housing is not an existing permitted use, the housing units must not be located within 3,200 feet of a facility that actively extracts or refines oil or natural gas;
5. At least 80% of the development’s total units, except for a manager’s unit, must be for lower income households, up to 20% may be for moderate-income households and the units that are rented must be restricted for 55 years. The units that are sold must be restricted for 45 years or participate in an equity sharing agreement;
6. The development must comply with objective development standards that are not in conflict with the provisions of the statute;
7. If the development project requires demolition of existing residential units, or if residential units have been demolished in the last 5 years, it must comply with the replacement housing provisions in Government Code §66300(d) (Housing Crisis Act), whether or not the project is located in an affected city or county;
8. The applicant must certify that the project is either a public work or, if it includes more than ten units and is not in its entirety a public work, the applicant will ensure all construction workers are paid prevailing wages and other labor requirements provided in the statute are met;
9. The applicant must complete a Phase I environmental assessment and, if warranted, a Phase II environmental assessment;
10. If the development is 500 feet from a freeway, regularly occupied areas of the building must have air filtration media; and
11. The site may not contain tribal cultural resources that could be affected by the development and cannot be mitigated.
Housing developments eligible for by right approval under this statute may include certain ancillary uses on the ground floor: childcare centers and facilities operated by community-based organizations for recreational, social, or education services in single family residential zones; and in all other zones the development may include commercial uses that are permitted without a conditional use permit or planned unit development permit. A project that is eligible as a use by right includes any use that was previously existing and legally permitted on the site if it meets specified criteria: the total square footage of nonresidential space does not exceed the amount that previously existed or was permitted by a
P a g e 3 | 12
conditional use permit; the total parking requirement for the nonresidential space does not exceed the lesser of the amount existing or required by a conditional use permit; and the new uses abide by the same operational conditions as contained in the previous conditional use permit.
Housing developments eligible for approval are allowed the following density: (1) if the development is located in a zone that allows residential uses, it shall be allowed the default density specified for lower income housing in the community’s housing element and a height of one story above the maximum height otherwise applicable; however, if the local government allows for greater residential density or building heights on an adjoining parcel, the greater density or building height shall apply; (2) if the project is located in a zone that does not allow residential uses, the development project shall be allowed a density of 40 units per acre and a height of one story above the maximum height otherwise applicable; however, if the local government allows for greater residential density or building heights on an adjoining parcel, the greater density or building height shall apply, but the project may not use an incentive, waiver, or concession to increase the height of the development to greater than specified in the statute.
The proposed development must provide off-street parking of up to 1 space per unit, unless a state law or local ordinance provides for less parking, in which case that standard shall apply. However, a parking requirement may not be imposed if the parcel is located within 1/2-mile walking distance of a high-quality transit corridor or a major transit stop, or there is a car share vehicle located within 1 block of the parcel.
Approval of the development project under SB 4 is subject to expiration timeframes, modification requirements, necessary public improvements, and approval of subsequent permits as specified in SB 35.
Design review may be conducted by a local government’s planning commission or equivalent board or commission responsible for review and approval of development projects, or the city council or board of supervisors, as applicable.
The design review must be objective and focused on assessing compliance with criteria required for streamlined, ministerial review of projects, and reasonable objective design standards published and adopted by ordinance or resolution by a local jurisdiction before submittal of the development.
SB 423: Modifications to Streamlined Approval (Government Code § 65913.4) SB 423 amends the streamlined, ministerial approval process (generally known as the “SB 35” process) for qualifying multifamily and mixed-use affordable housing projects in most localities.
Significant Provisions
SB 423 expands the jurisdictions to which SB 35 may apply to include a locality that has not adopted a housing element that has been found in substantial compliance with housing element law by the California Department of Housing and Community Development (HCD). SB 423 also extends SB 35 to the Coastal Zone, with certain exceptions, and removes the prohibition against an SB 35 project being located within a high or very high fire hazard severity zone as indicated on maps adopted by the Department of Forestry and Fire Protection. However, unless the site has adopted specified fire hazard mitigation measures, the SB 35 streamlined, ministerial process is prohibited in very high fire hazard severity zones (as determined by the Department of Forestry and Fire Protection) and the statutorily defined state responsibility area. The SB 35 streamlined, ministerial process is also not applicable to housing development applications on sites within an equine or equestrian district (and meeting certain other requirements) submitted on or after January 1, 2024, but before July 1, 2025.
Previously, to be eligible for the SB 35 ministerial approval process, any project (rental or for-sale) in a jurisdiction that did not issue enough above moderate-income housing building permits was required to dedicate a minimum of 10% of total number of units to households making at or below 80% of area median income (AMI). With the SB 423 changes, rental projects in a jurisdiction that (i) did not issue enough above moderate-income housing permits or (ii) has not adopted a housing element that has been found in substantial compliance with housing element law by HCD or (iii) has not submitted an Annual Progress Report to HCD are now required to provide either (i) at least 10% of the total units to households making at or below 50% of AMI or (ii) comply with the locality’s inclusionary ordinance where that ordinance requires greater than 10% of the units to be dedicated to households making at or below 50% AMI. If the local P a g e 4 | 12
inclusionary policy requires units that are restricted to households with incomes higher than 50% AMI (in jurisdictions subject to the 10% requirement) or 80% AMI (in jurisdictions that have not met their very low or low income RHNA), then providing the 10% at 50% AMI or 50% at 80% AMI, as applicable, is deemed sufficient to satisfy the local inclusionary requirement.
SB 423 eliminates the ability of the local government to conduct public oversight of the development; design review may still be conducted by the planning commission or other equivalent board or commission responsible for design review.
However, if the development is in a moderate resource area, low resource area, or an area of high segregation and poverty, the local government is required to provide for a public meeting before the City Council within 45 days of receiving a notice of intent before the development proponent submits an application for the proposed development.
If the local government’s planning director or equivalent position determines the housing development project is consistent with objective planning standards, SB 423 requires approval of the development. The California Department of General Services may act in place of a local government for determining a development’s compliance with and eligibility for the SB 35 streamlined, ministerial process when the development is located on land owned by or leased to the state.
SB 423 requires a development proponent to certify to the local government that certain wage and labor standards will be met, including that all construction workers will be paid prevailing wages. These requirements do not apply to a project that consists of 10 or fewer units and is not a public work. Requirements to use a skilled and trained workforce have been substantially modified. Projects with over 50 units must also comply with apprenticeship requirements. Those more than 85 feet high must use a skilled and trained workforce unless qualified contractors are not available.
SB 684: Subdivisions for 10 Units or Fewer (Government Code §§ 65852.28, 65913.4.5, 66499.41).
SB 684 creates a streamlined approval process for development projects of 10 or fewer residential units on urban lots under 5 acres by adding 3 new sections to the Government Code. Local ordinances may be adopted to implement the provisions of SB 684 and the 3 statutes discussed below, which shall not be considered a project under the California Environmental Quality Act.
Significant Provisions
Parcel Maps; Tentative and Final Maps (Government Code § 66499.41) SB 684 requires local agencies to ministerially consider, without discretionary review or a hearing, a parcel map or a tentative and final map for a housing development project that meets certain size, density, and other requirements. The proposed subdivision must result in ten or fewer parcels and the proposed development project contains ten or fewer residential units. The lot to be subdivided must be zoned for multifamily development, not larger than 5 acres, substantially surrounded by qualified urban uses, as defined in the statute, and located either in a city that includes some portion of an urban area or in an urbanized area or urban cluster in a county with a population greater than 600,000. The newly created parcels may not be smaller than 600 square feet, unless otherwise authorized by the local agency in an ordinance. The parcels must comply with applicable objective standards of the Subdivision Map Act, be served by a public water system and municipal sewer system, may not have been created by an urban lot split (Government Code §66411.7), and must comply with the housing development provisions added by this bill (Government Code §65852.28). If a parcel has been created through this subdivision, a local agency is not required to permit further subdivision through an urban lot split (Government Code §66411.7).
The lot proposed to be subdivided may not be located on a site that is any of the following:
1. Prime farmland or farmland of statewide importance;
2. Wetlands;
3. In a very high fire hazard severity zone;
4. A hazardous waste site (with limited exceptions);
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5. Within an earthquake fault zone, unless the development complies with applicable seismic protection building codes;
6. In a special flood hazard area (with limited exceptions);
7. In a regulatory floodway;
8. Land identified for conservatio n in a community conservation plan, habitat conservation plan, or other natural resource protection plan;
9. Habitat for certain protected species; or
10. Under conservation easement.
Other requirements include the average total area of floor space of the proposed housing units cannot exceed 1,750 net habitable square feet, and that the proposed housing units must be one of the following: (a) constructed on fee simple ownership lots, (b) part of a common interest development, (c) part of a housing cooperative, or (d) owned by a community land trust. The housing development on the lot proposed to be subdivided cannot require demolition or alteration of housing (1) subject to a recorded covenant restricting affordability levels, (2) subject to local rent or price control, or (3) occupied by tenants within the preceding 5 years from the date of application, or (4) on a parcel where an owner withdrew accommodations from rent or lease within 15 years before the date of project application. Lots do not need to comply with any local requirements for size, width, depth, or dimensions of a parcel.
The project must comply with the local agency’s inclusionary ordinance, if such ordinance has been adopted, objective zoning and design standards that are not inconsistent with the provisions of the bill, result in at least as many units as the maximum allowable residential density, unless the parcel is identified in the jurisdiction's current housing element, in which case the project must result in at least as many units as projected for that parcel in the housing element and at the affordability levels and subject to a recorded affordability restriction of at least 45 years, and a local agency is not required to allow development of an accessory dwelling unit or junior accessory dwelling unit.
Finally, in jurisdictions that have adopted a compliant housing element, SB 684 shall not apply to sites located in a single- family residential horse keeping zone.
Section 66499.41 goes into effect on July 1, 2024, except for the subsection related to sites in single family residential horse keeping zones, which goes into effect on January 1, 2024.
Housing Development Project Applications (Government Code § 65852.28) Local agencies may impose objective zoning standards, subdivision standards, or objective design standards that do not conflict with this section or the ministerial subdivision provisions of SB 684.
However, a local agency may not impose objective zoning, subdivision, or design standards that:
1. Physically preclude the development of a project built to densities deemed appropriate to accommodate housing for lower income households as specified in Housing Element Law (Government Code § 65583.2(c)(3)(B))
2. Apply solely or partially because the subdivision or development was approved under this Section;
3. Require a setback between units, except as required in the California Building Code;
4. Require enclosed or covered parking;
5. Impose side and rear setbacks inconsistent with SB 9 (Government Code § 65852.21(b)(2)(B));
6. Impose parking requirements inconsistent with SB 9 (Government Code § 65852.21(c)(1)); or
7. Impose a floor area ratio standard of less than 1.0 for projects with 3-7 units or 1.25 for projects with 8-10 units.
Section 65852.28 goes into effect on July 1, 2024.
Building Permits (Government Code § 65913.4.5)
SB 684 provides that, for housing development projects consisting of 10 or fewer units, local agencies shall issue building permits based on the tentative or parcel map and its conditions of approval if the applicant has (1) received a tentative map approval or parcel map approval for the subdivision, and (2) submitted a building permit application that the local agency deemed complete pursuant to Government Code § 65913.3 (applications for post entitlement phase permits). At P a g e 6 | 12
the time of issuance, any dedication, improvement, and sewer requirements identified in the tentative map approval must be guaranteed.
Section 65913.4.5 also authorizes local agencies to:
• Condition issuance of the building permit on submission of a recorded covenant and agreement that states the applicant agrees that the building permit is issued on condition that a certificate of occupancy or equivalent final approval for the building will not be issued unless the final map has been recorded; and • Require security in an amount no greater than 300% of the total estimated cost of the improvements or the acts to be performed, in the form of bonds, instrument of credit when a public agency provides at least 20% of the financing for the portion of the agreement requiring security, pledge from a financial institution that the funds necessary to carry out the agreement are on deposit and guaranteed for payment, or a letter of credit, to ensure faithful performance of the requirements contained in the tentative or parcel map or conditions of approval.
The local agency may deny issuance of a building permit, tentative map, or development approval if the building official makes a written finding, based on a preponderance of the evidence, that construction of the proposed structure before recordation of a final map would have a specific, adverse impact to public health and safety and for which there is no feasible method to satisfactorily mitigate or avoid the impact.
Section 65913.4.5 goes into effect on July 1, 2024.
AB 821: General Plan and Zoning Consistency (Government Code § 65850).
AB 821 addresses what happens when a zoning ordinance is not consistent with the general plan when a project application that does not fall within the Housing Accountability Act and is consistent with the general plan, but not the zoning, is submitted. A local agency must either amend the zoning ordinance within 180 days of receipt of the development application to be consistent with the general plan; or, if the zoning ordinance is not amended within that time period, the local agency must process the development application and apply objective general plan standards, but not inconsistent zoning standards.
Any resident or property owner may bring an action in superior court to enforce compliance with the provisions of AB 821 within 90 days of either the enactment or amendment of a zoning ordinance or the agency’s failure to comply with this section.
AB 1218: Replacement Housing Requirements (Government Code §§ 65912.114, 65912.124, 65940, 66300, 66300.5, and 66300.6)
AB 1218 amends the Housing Crisis Act to expand replacement housing and relocation assistance requirements that apply when housing units are demolished. AB 1218 adds Government Code Sections 66300.5 and 66300.6, which now covers all the replacement housing and relocation requirements.
Significant Provisions
Under existing law, the following demolition protections apply to housing development projects that will require the demolition of residential units:
• The project must replace all existing or demolished protected units; • Any existing tenants must be allowed to occupy their units until 6 months before start of construction, with proper notice; and
• The developer must provide income-eligible occupants of any protected units with relocation benefits and a right of first return for a comparable unit affordable to the household in the new development.
A "housing development project" is a use consisting of (1) residential units only, (2) a mixed-use development with at least 2/3rds of the square footage designated for residential use, or (3) transitional or supportive housing. AB 1218 extends these protections to all development projects and to sites where protected housing units were demolished in P a g e 7 | 12
the last 5 years, unless all of the following conditions are met: (i) the project is an industrial use; (ii) the project site is entirely within a zone that does not allow residential uses; (iii) the applicable zoning was adopted before January 1, 2022; and (iv) the protected units that are or were on the project site are or were nonconforming uses.
Further, for development projects that are not housing development projects, AB 1218 provides that the required replacement housing must be developed prior to or concurrently with the development project and must be located within the same jurisdiction. The development proponent may contract with another entity to develop the replacement housing.
Finally, under current law, notice must be provided to existing occupants of units to be demolished 90 days before requiring the occupant to move, in accordance with Relocation Assistance Law requirements. AB 1218 amends these notice requirements, as described below.
AB 1490: Affordable Adaptive Reuse Projects (Government Code §§ 65913.12 and 65960.1) AB 1490 provides incentives, such as guaranteed permit turnaround times, for statutorily defined “extremely affordable adaptive reuse projects” (i.e., motel and hotel conversions).
Significant Provisions
For qualifying "extremely affordable adaptive reuse projects,” AB 1490 provides that a city's or county's planning agency must provide development determinations within 60 days of submittal of the completed proposal for the development project for projects of 150 or fewer housing units, and within 90 days for projects of 150 or more units. The application is “deemed consistent” if the jurisdiction does not respond within these timeframes.
To qualify for adaptive reuse incentives, multifamily housing development projects must satisfy certain criteria (i.e., be an “extremely affordable adaptive reuse project”), including:
• Occupancy of 100% of non-managers' units must be restricted to lower income households, with at least 50% of units dedicated to very low-income households, subject to a recorded deed restriction; • The development must involve retrofitting and repurposing a building that currently allows temporary dwelling or occupancy, and be entirely within the envelope of the existing building; • The site must be an infill parcel, but not a site or adjoined to any site where more than 1/3 of the footage on the site is dedicated to industrial use;
• Housing developments of 50 units or more must provide onsite management services; and • The housing development does not eliminate any existing open space on the parcel.
A local agency may impose objective design review standards for a housing development project submitted pursuant to AB 1490, except that it may not impose or require the curing of any preexisting conflict with: (i) maximum density requirements; (ii) maximum floor area ratio requirements; (iii) requirement to add additional parking; or (iv) requirement to add additional open space. A local agency may deny a project that satisfies the above criteria if the project is on or adjoining an industrial-use site and the local agency makes a finding that the development would have an adverse effect on public health and safety.
Finally, any local source of funding that can be used for affordable housing development must include adaptive reuse (i.e., the retrofitting and repurposing of an existing building to create new residential units) as an eligible type of project.
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California Environmental Quality Act ----------------------------------------------- (AB 1449, AB 1633, SB 69)
This section summarizes bills amending the California Environmental Quality Act (CEQA).
AB 1449: Affordable Housing CEQA Exemption (Public Resources Code § 21080.40) AB 1449 exempts from CEQA numerous public agency actions for an “affordable housing project,” as defined below.
Significant Provisions
If a housing development meets the requirements to be considered an “affordable housing project,” then the issuance of an entitlement; lease, conveyance, or encumbrance of public agency land (including any action to facilitate the lease, conveyance, or encumbrance of public agency land or land to be purchased by a public agency); actions to provide financial assistance; and rezoning, specific plan amendments, or general plan amendments required for construction of an affordable housing project, are all exempt from CEQA.
Additionally, to qualify for the exemption, the affordable housing project must be subject to a recorded California Tax Credit Allocation Committee regulatory agreement and adequately served by existing utilities or extensions, and the public agency must confirm that:
i) The project site meets the requirements of Government Code 65913.4(a)(6)(B)-(K); ii) The development proponent has completed a phase I environmental assessment and specified mitigation if a recognized environmental condition or hazardous substances are found; iii) If the site is vacant, the project site does not contain tribal cultural resources that could be affected by the development and could not be mitigated; and
iv) If multifamily housing is not a permitted use on the project site, the project cannot include housing within 500 feet of a highway, within 3,200 feet of an active facility that extracts or refines oil or natural gas, or within a very high fire hazard zone.
AB 1633: Certain CEQA Violations Made Violations of the Housing Accountability Act (Government Code § 65589.5(h))
AB 1633 amends the Housing Accountability Act to expand the definition of disapproval of a housing development project to include certain circumstances when a public agency fails to make determinations under CEQA or requires additional analysis before approving CEQA documents.
Significant Provisions
This legislation is intended to prohibit public agencies from using CEQA as a means of delaying or denying project approvals. Under AB 1633, applicants may utilize the remedies of the HAA to sue local agencies that use CEQA as a means to disapprove or delay a housing development.
AB 1633 amends Government Code Section 65589.5(h) to expand the definition of “disapprove the housing development project” to include (1) a failure to make a determination on whether a project is exempt from CEQA, or an abuse of discretion as defined in the legislation; or (2) the failure to adopt a negative declaration, addendum or to certify an EIR under certain circumstances.
The protections of AB 1633 only apply if there is substantial evidence in the record that the project meets the environmental eligibility standards for streamlining under SB 35 (Government Code §65913.4). Additionally, development projects utilizing this provision must be either:
a) Within 1/2-mile walking distance from a high-quality transit stop; b) Located in a very low vehicle travel area;
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c) Proximal, meaning within 1-mile (or 2 miles in a rural area) to 6 or more amenities as specified in the legislation such as a bus station, ferry terminal, pharmacy, supermarket, public library, school; or d) Parcels where at least 75% of the perimeter adjoins parcels that are developed with urban uses.
The density of the housing development must also meet or exceed 15 dwelling units per acre, and the parcel must be in an “urbanized area” as defined by Public Resources Code Section 21071. This includes cities where the population of the city plus 2 contiguous cities equals at least 100,000, and some County islands and areas within urban growth areas.
If the basis for the protections afforded by AB 1633 is that the development is exempt from CEQA, there must be substantial evidence in the record that the housing development is eligible for a CEQA exemption.
If the basis for the protection is that the public agency failed to adopt a negative declaration, addendum or EIR there must be a negative declaration, addendum or EIR or other comparable document prepared that if adopted would satisfy the requirements of CEQA, the public agency must have held a meeting to adopt the CEQA document, and the public agency either committed an abuse of discretion or failed to decide whether to adopt the CEQA document or require additional study. Abuse of discretion involving the preparation of an environmental review document means the public agency failed to adopt the appropriate CEQA document in bad faith without substantial evidence in the record to support a fair argument that further environmental analysis or study is required, and the public agency decided to require further environmental study.
Applicants must give the public agency timely notice that the agency’s action or inaction violates these provisions. If a public agency determines that a developer is not exempt from CEQA, the applicant must give notice within 35 days of the date the local agency gave the applicant notice of the determination. If the public agency has not taken any action on an exemption, timely notice from the applicant means notice given at least 60 days after the project application has been accepted as complete or deemed complete. If the public agency fails to adopt or certify an environmental review document, timely notice means notice given within 35 days of the public agency determining to require additional study.
If the public agency has not taken action on an environmental review document, timely notice means notice given within the time periods set out in CEQA for the preparation of the applicable environmental review document, or if there is no time period in CEQA, within 180 days.
Once a notice is received from an applicant, the local agency has 90 days to make the appropriate determination but may extend that time period if the notice involves a finding of exemption under CEQA for another 90 days by giving the applicant notice of the need for an extension. The legislation does not provide an option to extend the 90-day response period for notices related to the adoption, approval, or certification of an environmental review document. For applicant notices related to CEQA exemptions, the public agency is required to file the applicant’s notice with the County Clerk, and the County Clerk is to post the notice.
AB 1633 also provides additional protections for local government sued by opponents of a housing development project by limiting the circumstances under which the court may award attorneys’ fees to the opponents. The statute states that attorneys’ fees should rarely be awarded if the local agency acted in good faith in approving a housing development project.
SB 69: Notice of Exemptions (Public Resources Code § 21152) SB 69 requires that when a local agency files a notice of determination or notice of exemption, as applicable, with the county clerk of each county in which a project is located that it will also file the notice of determination with the State Clearing House in the Office of Planning and Research. The notice, including any subsequent or amended notice, must be posted by the Office of Planning and Research within 24 hours of receipt in the office and on the State Clearinghouse internet website and remain posted for 30 days.
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Density Bonus ----------------------------------------------------------------------------- (AB 1287, SB 713, AB 323)
AB 1287: Additional Density Bonuses (Government Code § 65915) AB 1287 increases the maximum density bonus to nearly 90% for the inclusion of more very low income, low income, or moderate-income housing.
Significant Provisions
AB 1287 requires a local jurisdiction to grant an additional density bonus where:
1. The housing development would not restrict more than 50% of the total units to moderate-income, lower income, or very low-income households;
2. The housing development does any one of the following: (i) provides 24% of the total units to lower income households; (ii) provides 15 % of the total units to very low -income households; or (iii) provides 44 of the total units to moderate income-households; and
3. The development provides 5% to 10% additional very low-income units, or 5% to 15% additional moderate-income units. In that case, the development is entitled to an additional density bonus of 20 % to 38.75%. For instance, a development with 25% very low-income units (15% plus 10%) is entitled to a total density bonus of 88.75% (50% bonus for 15% very low income, plus 38.75% bonus for an additional 10% very low income).
The bill also changes the definition of “maximum allowable residential density” or “base density” to mean “the greatest number of units allowed under the zoning ordinance, specific plan, or land use element of the general plan, or if a range of density is permitted, means the greatest number of units allowed by the specific zoning range, specific plan, or land use element of the general plan” and removes from the same definition the provision stating that the greater density prevails if the density allowed under the zoning ordinance is inconsistent with the density allowed under the land use element of the general plan or specific plan.
AB 1287 also increases the number of incentives and/or concessions for 100% lower-income projects from 4 to 5 and requires a jurisdiction to grant at least 4 incentives and/or concessions for a for-sale housing development project that provides either a total of 16% very low-income units or 45% moderate-income units.
Currently, density bonus law states that a local government may require reasonable documentation from an applicant to establish eligibility for a requested density bonus, incentives, concessions, waivers, reductions of development standards, and parking ratios. AB 1287 modifies this provision, such that a local government may not request reasonable documentation to establish eligibility for waivers. However another provision (Section 65915(j)(1)) appears to still allow reasonable documentation of eligibility for concessions.
SB 713: Definition of “Development Standard” (Government Code § 65915) SB 713 modifies the definition of “development standard” to provide that it includes “a regulation that is adopted by the local government or that is enacted by the local government’s electorate exercising its local initiative or referendum power, whether that power is derived from the California Constitution, statute, or the charter or ordinances of the local government.”
AB 323: Sale of Affordable Units (Government Code § 65915) AB 323 provides that any for-sale unit(s) that qualified an applicant for the award of a density bonus must be (i) sold to and occupied by a very, low, or moderate-income household for an affordable housing cost and subject to an equity sharing agreement, or (ii) if any such unit is not purchased by an income-qualified household within 180 days after the issuance of the certificate of occupancy, then it is sold to a qualified nonprofit housing corporation pursuant to a P a g e 11 | 12
recorded contract that satisfies the requirements of Revenue & Taxation Code Section 402.1(a)(10). For the purposes of the latter, “qualified nonprofit housing corporation” must meet all of the following criteria:
1. Has a determination letter from the Internal Revenue Service affirming its tax-exempt status pursuant to Internal Revenue Code Section 501(c)(3);
2. Not a private foundation (as defined in Internal Revenue Code Section 509);
3. Based in California;
4. All of the board members of the nonprofit corporation have their primary residence in California; and
5. The primary activity of the nonprofit corporation is the development and preservation of affordable home ownership housing in California; and
6. Incorporates within its initial purchase contracts a repurchase option requiring a subse quent purchaser of the property that desires to resell or convey the property to offer the qualified nonprofit corporation the right to repurchase the property prior to selling or conveying that property pursuant to an equity sharing agreement or affordability restrictions on the sale and conveyance of the property ensuring at least 45 years of affordability.
This bill also adds Section 714.7 to the Civil Code to prohibit a developer from selling any for-sale unit constructed pursuant to a local inclusionary ordinance to a purchaser that does not meet the income eligibility requirements unless such unit is not purchased by an income-qualifying household within 180 days of the issuance of the certificate of occupancy. In such case, the developer may sell the unit(s) to qualified nonprofit housing corporation as defined.
Violations of this new Civil Code Section 714.7 are punishable by a civil penalty of up to $15,000 for each violation.
Accessory Dwelling Units --------------------------------------------------------------- (AB 976, AB 1332)
AB 976 (Government Code § 65852.2) makes permanent the prohibition on owner occupancy requirements for accessory dwelling units. Owner-occupancy is still required to construct a junior accessory dwelling unit.
AB 1332 (Government Code § 65852.27) requires local agencies to develop a program to preapprove accessory dwelling unit plans by January 1, 2025. The program must meet the following requirements:
1. The local agency must a ccept accessory dwelling unit plan submissions for preapproval without restricting who may submit plans for preapproval.
2. The review must be based on the standards in Government Code Section 65852.2.
3. The local agency may charge the applicant for the preapproval of plans the same fees that the local agency would charge an applicant seeking approval of an accessory dwelling unit.
4. The local agency must post the preapproved accessory dwelling unit plans and the contact information of the applicant of a preapproved accessory dwelling unit plan on the local agency’s internet website. The plan must be removed from the website within 30 days of receiving a request for removal from the applicant.
The local agency must approve or deny an application for a detached ADU ministerially without discretionary review within 30 days from the date the local agency receives a completed application if the application either (1) utilizes a plan for an accessory dwelling unit that has been preapproved by the local agency within the current triennial California Building Standards Code rulemaking cycle, or (2) utilizes a plan that is identical to a plan used in an application for a detached accessory dwelling unit approved by the local agency within the current triennial California Building Standards Code rulemaking cycle.
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Parking --------------------------------------------------------------------------------------- (AB 894, AB 1317, AB 1308)
AB 894: Shared Parking (Government Code § 65863.1)
AB 894 allows underused parking lots to satisfy parking requirements on a different site.
Significant Provisions
When at least 20% of a development’s parking spaces are not occupied during the period in which shared parking is proposed, the owner may propose entering into a shared parking agreement to satisfy the parking requirements on another site, if the parcels sharing the parking are on the same, or contiguous parcels, separated by no more than 2,000 feet of travel by the shortest walking route, or if there is a plan for shuttles or other means to move people between the parking lot and the serviced site. If the underutilized parking is not used by the receiving parcel to meet the local agency’s parking requirements, the local agency must accept the shared parking agreement.
If the underutilized parking is being used by the receiving parcel to meet the local agency’s parking requirements, the local agency must approve the shared parking agreement if the agreement includes a parking analysis using peer- reviewed methodologies developed by a professional planning association and the agreement either secures the long- term provision of parking or allows periodic review and approval by the local agency. If the shared parking agreement does not include a professional planning association study and the local agency has not adopted an ordinance that provides for shared parking agreements, the local agency must decide whether to approve or deny the shared parking agreement. Prior to acting on a shared parking agreement, if the parties to the shared parking agreement include developments of at least 10 residential units or at least 18,000 square feet, the local agency must notify all property owners within 300 feet of the proposed shared parking agreement and, if a request for a meeting is received within 14 days, hold a public meeting. Additionally, in certain publicly funded projects, the public agency providing the most funding must examine the feasibility of shared parking before funding is granted for parking lots or garages.
AB 1317: Unbundled Parking (Civil Code § 1947.1)
AB 1317 requires that parking be separately leased to tenants in 10 counties starting in 2025.
Significant Provisions
Residential rental properties with 16 or more units for which a certificate of occupancy was issued after January 1, 2025, and are located in 1 of 10 specified counties must “unbundle” parking from rent. Unbundling parking means that the parking will be leased under a separate contract (e.g., rental agreement addendum or separate rental agreement), and the cost of parking will not be included in the price of rent. Tenants have the right of first refusal for parking spaces; spaces that are not claimed by the tenants can be leased to other on-site users or off-site residential uses on a month- to-month basis. Failure of the tenant to pay the fee associated with parking may not constitute the basis for an unlawful detainer action, but the owner may revoke the tenant’s right to the parking if the associated fees remained unpaid for 45 days after the date on which they were due. The requirements do not apply to 100% affordable housing projects or to townhouses and row houses. In ABAG’s jurisdiction, only Alameda and Santa Clara Counties are subject to this requirement. San Diego County is excluded. In the SCAG area, only Los Angeles, Riverside, San Bernardino and Ventura Counties are subject to this requirement.
AB 1308: Parking for Single-Family Home Remodels (Government Code § 65863.3) AB 1308 provides that if an owner of a single-family home seeks to remodel, renovate, or add to the single-family home and the single-family home will not exceed any maximum size limitations (e.g., height, lot coverage, floor-to-area ratio) imposed by local zoning regulations, then the public agency cannot increase the minimum parking requirement as a condition of approval.
INFORMATION ITEMS
8. PAST AGENDAS FOR CITY BOARDS AND COMMISSIONS *