Agenda packet — Legislative Committee, March 30, 2023

CITY OF SANTA CLARITA

CITY COUNCIL LEGISLATIVE COMMITTEE

SPECIAL MEETING

Thursday, March 30, 2023
11:00 AM

LOCATION: City Hall, Carl Boyer Room, 1st Floor
23920 Valencia Blvd.

Santa Clarita CA 91355

AGENDA

CALL TO ORDER

ROLL CALL
______________________________________________________________________________

ITEM 1 ASSEMBLY BILL 367: Controlled Substances: Enhancements Authored by Assembly Member Brian Maienschein (D-76-San Diego), Assembly Bill 367 imposes a sentence enhancement of 3-5 years in state prison for a person who inflicts great bodily injury when they sell, furnish, or give away a controlled substance.

RECOMMENDED ACTION:

Legislative Committee recommend support of Assembly Bill 367.

ITEM 2 ASSEMBLY BILL 1490: Affordable Housing Development Projects:

Adaptive Reuse
Authored by Assembly Member Alex Lee (D-24-San Jose), Assembly Bill 1490 requires all local entitlements and permits to be approved for a project that converts an existing building to a low-income housing development within 30 days from the date the application is submitted, waives all local building and permit fees, and preempts local minimum floor area ratio standards.

RECOMMENDED ACTION:

Legislative Committee recommend to oppose Assembly Bill 1490.

*Committee Meetings are working meetings and are for the purpose of allowing up to two City Council members and staff to informally discuss and better understand major issues currently before the City.

Pursuant to GC 54954.3 members of the public may directly address the legislative body concerning any item that has been described in the notice for the meeting. Following the presentation of the item the Committee Chair will inquire if any member of the public wishes to address the Committee on the item listed. Speakers will be given three minutes (with double the time allotted to non-English speakers using a translator) to address the Committee on the item listed. The Committee will not be taking comment on any other matter at this time.

ITEM 3 ASSEMBLY BILL 1532: Office Conversion Projects
Authored by Assembly Member Matt Haney (D-17-San Francisco), Assembly Bill 1532 makes the conversion of office buildings to residential units a streamlined ministerial approval, restricting cities and counties from requiring a conditional use permit, planned unit development permit, or other discretionary local review or approval that would require a California Environmental Quality Act (CEQA) review.

RECOMMENDED ACTION:

Legislative Committee recommend to oppose Assembly Bill 1532.

ITEM 4 ASSEMBLY BILL 1630: Planning and Zoning: Housing Development Approvals: Student Housing Projects
Authored by Assembly Member Eduardo Garcia (D-36-Coachella), Assembly Bill 1630 requires cities and counties to approve residential developments on property within 1,000 feet of a university through a streamlined and ministerial process, restricting cities and counties from requiring a minimum parking requirement, conditional use permit, planned unit development permit, or other discretionary local review or approval that would require a CEQA review.

RECOMMENDED ACTION:

Legislative Committee recommend to oppose Assembly Bill 1630.

ITEM 5 ASSEMBLY BILL 1708: Theft
Authored by Assembly Member Al Muratsuchi (D-66-Torrance), Assembly Bill 1708 amends Proposition 47 (2014) by requiring a person convicted of theft of a vehicle or firearm, identity theft, or credit card fraud to be charged with a felony.

RECOMMENDED ACTION:

Legislative Committee recommend support of Assembly Bill 1708.

ITEM 6 SENATE BILL 4: Planning and Zoning: Housing Development: Higher Education Institutions and Religious Institutions
Authored by Senator Scott Wiener (D-11-San Francisco), Senate Bill 4 requires cities and counties to approve residential developments on property owned by a religious or higher-education institution through a streamlined and ministerial process, restricting cities and counties from requiring a conditional use permit, planned unit development permit, or other discretionary local review or approval that would require a CEQA review.

RECOMMENDED ACTION:

Legislative Committee recommend to oppose Senate Bill 4.

ITEM 7 SENATE BILL 44: Controlled Substances
Authored by Senator Tom Umberg (D-34-Orange County), Senate Bill 44 requires a person who is convicted of, or who pleads guilty or no contest to, the possession or purchase for the purpose of selling or administering various controlled substances, including fentanyl, to receive a written advisory of the danger of manufacturing or distribution of controlled substances and that, if a person dies as a result of that action, the manufacturer or distributor can be charged with voluntary manslaughter or murder.

RECOMMENDED ACTION:

Legislative Committee recommend support of Senate Bill 44.

ITEM 8 SENATE BILL 423: Land Use: Streamlined Housing Approvals:

Multifamily Housing Developments
Authored by Senator Scott Wiener (D-11-San Francisco), Senate Bill 423 removes the sunset clause of January 1, 2026, included in an existing housing provision, which requires cities and counties to approve specified residential developments through a streamlined and ministerial process, restricting cities and counties from requiring a conditional use permit, planned unit development permit, or other discretionary local review or approval that would require a CEQA review.

RECOMMENDED ACTION:

Legislative Committee recommend to oppose Senate Bill 423.

ITEM 9 League of California Cities Update
Discussion regarding updates related to the League of California Cities.

RECOMMENDED ACTION:

Legislative Committee discuss and provide direction to staff.

______________________________________________________________________________

ADJOURN

Legislative Committee – March 30, 2023

Assembly Bill 367 - Controlled Substances: Enhancements 1 Recommendation

Legislative Committee recommend support of Assembly Bill 367.

Summary

Authored by Assembly Member Brian Maienschein (D-76-San Diego), Assembly Bill 367 imposes a sentence enhancement of 3-5 years in state prison for a person who inflicts great bodily injury when they sell, furnish, or give away a controlled substance.

Background

The opioid epidemic has become a nationwide issue, affecting communities across the country, including the City of Santa Clarita (City). In 2021, more than 71,000 people died from a synthetic opioid-related drug overdose in the United States, according to provisional data from the Centers for Disease Control and Prevention (CDC). Recent data suggest that number continues to increase each year.

Fentanyl is a synthetic opioid that is up to 50 times stronger than heroin and 100 times stronger than morphine, making it a major contributor to drug overdose deaths. Based on preliminary 2021 data from the CDC, there were 6,843 opioid-related overdose deaths in California; 5,722 of these deaths were related to fentanyl. Moreover, in 2021, there were 224 fentanyl-related overdose deaths among teens, ages 15–19 years old, in California.

In 2022, the Los Angeles County Sheriff’s Department reported thirty-two overdoses in the Santa Clarita Valley as a result of fentanyl.

The recommendation to support Assembly Bill 367 is consistent with the City of Santa Clarita 2023 Executive and Legislative Platform. Specifically, Component 2 under the “State” section advises that the City Council, “Support legislative efforts to address the negative impacts of AB 109, Proposition 47, and Proposition 57 on local governments and provide local law enforcement with the appropriate tools to reduce criminal activity.”

Supporters

Unknown at this time.

Opponents

Unknown at this time.

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Communication: Assembly Bill 367 - Staff Report (ITEM 1 ASSEMBLY BILL 367: Controlled Substances: Enhancements) 2 Bill Status

Assembly Bill 367 is scheduled to be heard in the Assembly Committee on Public Safety on March 28, 2023.

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Communication: Assembly Bill 367 - Staff Report (ITEM 1 ASSEMBLY BILL 367: Controlled Substances: Enhancements) AMENDED IN ASSEMBLY MARCH 22, 2023
california legislature—2023–24 regular session
ASSEMBLY BILL No. 367
Introduced by Assembly Member Maienschein
February 1, 2023
An act to amend amend, repeal, and add Section 12022.7 of the Penal Code, relating to controlled substances.
legislative counsel’s digest
AB 367, as amended, Maienschein. Controlled substances:
enhancements.

Existing law imposes an additional and consecutive 3- or 5-year term in the state prison on a person who personally inflicts great bodily injury on a person in the commission of a felony, as specified.

This bill bill, until January 1, 2029, would state that, for purposes of the this enhancement, a person inflicts great bodily injury when the y sell, furnish, administer, or give away a controlled substance fentanyl or an analo g of fentanyl and the person to whom the substance w as sold, furnished, administered, or given suffers a significant or substantial physical injury from using the substance. The bill would specify that this provision does not apply to juvenile of fenders. By expanding the scope of an e xisting crime, this bill w ould impose a state-mandated local program.

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

Statutory provisions establish procedures for making that reimbursement.

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

98 Packet Pg. 6
Communication: Assembly Bill 367 - Bill Text (ITEM 1 ASSEMBLY BILL 367: Controlled Substances: Enhancements) Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 12022.7 of the Penal Code is amended line 2 to read:
line 3 12022.7. (a)  A person who personally inflicts great bodily line 4 injury on any a person other than an accomplice in the commission line 5 of a felony or attempted felony shall be punished by an additional line 6 and consecutive term of imprisonment in the state prison for three line 7 years.
line 8 (b)  (1)  A person who personally inflicts great bodily injury on line 9 any a person other than an accomplice in the commission of a line 10 felony or attempted felony which that causes the victim to become line 11 comatose due to brain injury or to suffer paralysis of a permanent line 12 nature shall be punished by an additional and consecutive term of line 13 imprisonment in the state prison for five years. As line 14 (2)  As used in this subdi vision, “paralysis” means a major or line 15 complete loss of motor function resulting from injury to the nervous line 16 system or to a muscular mechanism.
line 17 (c)  A person who personally inflicts great bodily injury on a line 18 person who is 70 years of age or older, other than an accomplice, line 19 in the commission of a felony or attempted felony shall be punished line 20 by an additional and consecutive term of imprisonment in the state line 21 prison for five years.
line 22 (d)  A person who personally inflicts great bodily injury on a line 23 child under the age of five years in the commission of a felony or line 24 attempted felon y shall be punished by an additional and line 25 consecutive term of imprisonment in the state prison for four, five, line 26 or six years.
line 27 (e)  (1)  A person who personally inflicts great bodily injury line 28 under circumstances in volving domestic violence in the line 29 commission of a felony or attempted felony shall be punished by line 30 an additional and consecuti ve term of imprisonment in the state line 31 prison for three, four, or five years. As
line 32 (2)  As used in this subdi vision, “domestic violence” has the line 33 meaning provided in subdivision (b) of Section 13700. line 34 (f)  (1)  As used in this section, “great bodily injury” means a line 35 significant or substantial physical injury.
98 — 2 — AB 367

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Communication: Assembly Bill 367 - Bill Text (ITEM 1 ASSEMBLY BILL 367: Controlled Substances: Enhancements) line 1 (2)  (A)  As used in this section, a person who sells, furnishes, line 2 administers, or gives away a controlled substance fentanyl or an line 3 analog of fentanyl personally inflicts great bodily injury when the line 4 person to whom the substance was sold, furnished, administered, line 5 or given suffers a significant or substantial ph ysical injury from line 6 using the substance.
line 7 (B)  This paragraph does not apply to juvenile offenders. line 8 (g)  (1)  This section shall does not apply to murder or line 9 manslaughter or a violation of Section 451 or 452. Subdivisions line 10 (2)  Subdivisions (a), (b), (c), and (d) shall do not apply if line 11 infliction of great bodily injury is an element of the offense. line 12 (h)  The court shall impose the additional terms of imprisonment line 13 under either subdivision (a), (b), (c), or (d), (d) but may not impose line 14 more than one of those terms for the same offense. line 15 (i)  This section shall remain in effect only until January 1, 2029, line 16 and as of that date is repealed.
line 17 SEC. 2. Section 12022.7 is added to the Penal Code, to read:
line 18 12022.7. (a)  A per son who per sonally inflicts gr eat bodily line 19 injury on a person other than an accomplice in the commission of line 20 a felony or attempted felony shall be punished by an additional line 21 and consecutive term of imprisonment in the state prison for three line 22 years.
line 23 (b)  (1)  A person who personally inflicts great bodily injury on line 24 a person other than an accomplice in the commission of a felony line 25 or attempted felony that causes the victim to become comatose due line 26 to brain injury or to suffer paralysis of a permanent nature shall line 27 be punished by an additional and consecutive term of imprisonment line 28 in the state prison for five years.
line 29 (2)  As used in this subdivision, “par alysis” means a major or line 30 complete loss of motor function resulting from injury to the nervous line 31 system or to a muscular mechanism.
line 32 (c)  A person who per sonally inflicts gr eat bodily injury on a line 33 person who is 70 years of age or older, other than an accomplice, line 34 in the commission of a felony or attempted felony shall be punished line 35 by an additional and consecutive term of imprisonment in the state line 36 prison for five years.
line 37 (d)  A person who per sonally inflicts gr eat bodily injury on a line 38 child under the age of five years in the commission of a felony or line 39 attempted felony shall be punished by an additional and 98 AB 367 — 3 —

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Communication: Assembly Bill 367 - Bill Text (ITEM 1 ASSEMBLY BILL 367: Controlled Substances: Enhancements) line 1 consecutive term of imprisonment in the state prison for four, five, line 2 or six years.
line 3 (e)  (1)  A per son who per sonally inflicts gr eat bodily injury line 4 under circumstances involving domestic violence in the commission line 5 of a felony or attempted felony shall be punished by an additional line 6 and consecutive term of imprisonment in the state prison for three, line 7 four, or five years.
line 8 (2)  As used in this subdivision, “domestic violence” has the line 9 meaning provided in subdivision (b) of Section 13700. line 10 (f)  As used in this section, “gr eat bodily injury” means a line 11 significant or substantial physical injury.
line 12 (g)  (1)  This section does not apply to murder or manslaughter line 13 or a violation of Section 451 or 452.
line 14 (2)  Subdivisions (a), (b), (c), and (d) do not apply if infliction line 15 of great bodily injury is an element of the offense. line 16 (h)  The court shall impose the additional terms of imprisonment line 17 under subdivision (a), (b), (c), or (d) b ut may not impose mor e line 18 than one of those terms for the same offense.
line 19 (i)  This section shall become operative on January 1, 2029. line 20 SEC. 2.
line 21 SEC. 3. No reimbursement is required by this act pursuant to line 22 Section 6 of Article XIIIB of the California Constitution because line 23 the only costs that may be incurred by a local agenc y or school line 24 district will be incurred because this act creates a ne w crime or line 25 infraction, eliminates a crime or infraction, or changes the penalty line 26 for a crime or infraction, within the meaning of Section 17556 of line 27 the Government Code, or changes the definition of a crime within line 28 the meaning of Section 6 of Article XIII B of the California line 29 Constitution.

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98 — 4 — AB 367

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Communication: Assembly Bill 367 - Bill Text (ITEM 1 ASSEMBLY BILL 367: Controlled Substances: Enhancements)

Legislative Committee – March 30, 2023

Assembly Bill 1490 - Affordable Housing Development Projects:

Adaptive Reuse
1 Recommendation

Legislative Committee recommend to oppose Assembly Bill 1490.

Summary

Authored by Assembly Member Alex Lee (D-24-San Jose), Assembly Bill 1490 requires all entitlements and permits to be approved within 30 days from the date the application is submitted and all building and permit fees to be waived for a housing project that converts an existing building to a housing development that dedicates 100 percent of the housing units to low-income households.

Additionally, Assembly Bill 1490 preempts local minimum floor area ratio standards and restricts any increase in the number of parking spaces required.

Background

The City of Santa Clarita (City) currently has policies and standards in place regarding proposed residential developments related to parking, design standards, zoning, and overall application review. Typically, large housing development projects undergo an extensive public review process, including public hearings, administrative review, and an opportunity for appeal. This allows the City’s Planning Division, Planning Commission, and the public the ability to review residential projects based on unique community circumstances and needs, and ensures that a site has adequate access to services and resources to support residential use or sustain greater residential density.

Assembly Bill 1490 would require the City’s regular review process, which may span 6-9 months, to be conducted within 30 days, including the potential review and approval of an Administrative Permit, Architectural Design Review, Conditional Use Permit, Development Review, Landscape Plan Review, Minor Use Permit, and Tentative Tract Map. The significantly truncated review period jeopardizes the due diligence required to ensure residential projects meet building code and planning guidelines.

Moreover, the City’s review is to ensure that the use of the project, when considered on the basis of the suitability of the site, is arranged to avoid traffic congestion and ensure the protection of public health, safety, and general welfare. The City’s review is also intended to prevent adverse effects on neighboring property, facilitate the provision of utility services and other public facilities commensurate with anticipated population and dwelling unit densities, promote the Packet Pg. 10
Communication: Assembly Bill 1490 - Staff Report (ITEM 2 ASSEMBLY BILL 1490: Affordable Housing Development Projects: Adaptive Reuse) 2 City’s historical and natural resources such as oak trees, river areas, and ridgelines, and is in conformity with good zoning practice.

Furthermore, for a project valuation of approximately $10 million, Assembly Bill 1490 could potentially waive nearly $300,000 in entitlement and permit fees that go towards the funding of the review of building safety and planning permits and entitlements.

The recommendation to oppose Assembly Bill 1490 is consistent with the City of Santa Clarita 2023 Executive and Legislative Platform. Specifically, Component 1 under the “State” section advises that the City Council, “Oppose legislation that would interfere with, limit, or eliminate the decision-making authority of municipalities in the area of local land use.”

Supporters

Unknown at this time.

Opponents

Unknown at this time.

Bill Status

Assembly Bill 1490 is pending a hearing in the Assembly Committee on Housing and Community Development.

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Communication: Assembly Bill 1490 - Staff Report (ITEM 2 ASSEMBLY BILL 1490: Affordable Housing Development Projects: Adaptive Reuse) california legislature—2023–24 regular session
ASSEMBLY BILL No. 1490
Introduced by Assembly Member Lee
February 17, 2023
An act to add Section 65960.1 to the Go vernment Code, relating to housing.
legislative counsel’s digest
AB 1490, as introduced, Lee. Affordable housing de velopment projects: adaptive reuse.

Existing law requires the Department of Housing and Community Development to gi ve priority with respect to funding under the Multifamily Housing Program to projects that prioritize adaptive reuse in e xisting de veloped areas serv ed with public infrastructure, as specified.

This bill w ould define adapti ve reuse as the retrofitting and repurposing of an existing building to create new residential units. The bill would require a local government to provide an affordable housing project that is an adaptive reuse project and that guarantees that 100% of the units be made a vailable for lower income households, 50% of which shall be made available to extremely low income households or very lo w income households, specified benefits and e xemptions by local government agencies, including, among other things, approval of all entitlements and permits applicable to the project in 30 days or less, exemption from an y minimum floor area ratio, and w aiver of local building and permit fees, as specified. Because the bill w ould require local officials to provide a higher level of service, the bill would impose a state-mandated local program.

99 Packet Pg. 12
Communication: Assembly Bill 1490 - Bill Text (ITEM 2 ASSEMBLY BILL 1490: Affordable Housing Development Projects: Adaptive Reuse) This bill would require a local source of funding that can be used for the development of affordable housing to include adaptive reuse as an eligible project and prohibit an agenc y with control of a local source of funding from prohibiting or excluding a development proposal that uses an adapti ve reuse model for an af fordable housing project development solely on the basis that the proposal is for an adapti ve reuse project.

The bill w ould include findings that changes proposed by this bill address a matter of state wide concern rather than a municipal af fair and, therefore, apply to all cities, including charter cities.

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

Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 65960.1 is added to the Government line 2 Code, to read:
line 3 65960.1. (a)  Notwithstanding any other pro vision of la w, a line 4 local government shall provide, to an affordable housing project line 5 that is an adaptive reuse project and that guarantees that 100 percent line 6 of the units shall be made available for lower income households, line 7 50 percent of which shall be made a vailable to e xtremely low line 8 income households or v ery lo w income households, all of the line 9 following:
line 10 (1)  All entitlements and permits applicable to the project shall line 11 be approved within 30 days or less from the date of submission of line 12 the entitlement or permit application. This paragraph shall apply line 13 to any agency that governs provision of water or power for a local line 14 jurisdiction and that operates independently from the local line 15 jurisdiction.
line 16 (2)  Local b uilding and permit fees for the project shall be line 17 waived.
99 — 2 — AB 1490

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Communication: Assembly Bill 1490 - Bill Text (ITEM 2 ASSEMBLY BILL 1490: Affordable Housing Development Projects: Adaptive Reuse) line 1 (3)  Low-income utility rates that are a vailable to lo w-income line 2 projects shall be available to adaptive reuse projects when utilities line 3 are not separately metered.
line 4 (4)  The project shall be exempt from any minimum floor area line 5 ratio, provided that the size of a unit is no less than the size of the line 6 unit under its pre vious occupanc y permit, and that the unit is line 7 compliant with the Americans with Disabilities Act of 1990 (Public line 8 Law 101-336; 42 U.S.C. Sec. 12101 et seq.) and an y other state line 9 or federal disability design requirements.
line 10 (5)  The number of parking spaces required for the project shall line 11 be no more than the number of parking spaces required under the line 12 previous occupancy permit, without re gard to any change in the line 13 zoning of the property that might result from the adapti ve reuse line 14 of the property.
line 15 (b)  Any local source of funding that can be used for the line 16 development of af fordable housing shall include adapti ve reuse line 17 as an eligible project. No agency with control of a local source of line 18 funding shall prohibit or e xclude a project proposal that uses an line 19 adaptive reuse model for an af fordable housing project line 20 development solely on the basis that the proposal is for an adaptive line 21 reuse project.
line 22 (c)  As used in this section, all of the following definitions shall line 23 apply:
line 24 (1)  “Adaptive reuse” means the retrofitting and repurposing of line 25 an existing building to create new residential units. line 26 (2)  “Lower income households” shall ha ve the same meaning line 27 as in Section 50079.5 of the Health and Safety Code. line 28 (3)  “Very low income households” shall have the same meaning line 29 as in Section 50105 of the Health and Safety Code. line 30 (4)  “Extremely low income households” shall ha ve the same line 31 meaning as in Section 50106 of the Health and Safety Code. line 32 SEC. 2. The Legislature finds and declares that Section 1 of line 33 this act adding Section 65960.1 to the Government Code address line 34 a matter of statewide concern rather than a municipal affair as that line 35 term is used in Section 5 of Article XI of the California line 36 Constitution. Therefore, Section 1 of this act applies to all cities, line 37 including charter cities.
line 38 SEC. 3. If the Commission on State Mandates determines that line 39 this act contains costs mandated by the state, reimb ursement to line 40 local agencies and school districts for those costs shall be made 99 AB 1490 — 3 —

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Communication: Assembly Bill 1490 - Bill Text (ITEM 2 ASSEMBLY BILL 1490: Affordable Housing Development Projects: Adaptive Reuse) line 1 pursuant to Part 7 (commencing with Section 17500) of Division line 2 4 of Title 2 of the Government Code.

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99 — 4 — AB 1490

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Communication: Assembly Bill 1490 - Bill Text (ITEM 2 ASSEMBLY BILL 1490: Affordable Housing Development Projects: Adaptive Reuse)

Legislative Committee – March 30, 2023

Assembly Bill 1532 - Office Conversion Projects
1 Recommendation

Legislative Committee recommend to oppose Assembly Bill 1532.

Summary

Authored by Assembly Member Matt Haney (D-17-San Francisco), Assembly Bill 1532 makes the conversion of office buildings to residential units, that dedicates 10 percent of the total residential units to low- or moderate-income households, a streamlined ministerial approval, restricting cities and counties from requiring a conditional use permit, planned unit development permit, or other discretionary local review or approval that would require a California Environmental Quality Act (CEQA) review. Projects under a ministerial review are not subject to an appeals process, public hearing, and CEQA review.

Additionally, Assembly Bill 1532 would exempt an office conversion project from impact fees that are not directly related to the conversion of an office building into residential units and would allow the proponent of an office conversion project to pay applicable impact fees over a 10-year period. This bill would also restrict any increase in the number of parking spaces required or the preservation of open space.

Background

Moreover, the City’s review is to ensure that the use of the project, when considered on the basis of the suitability of the site, is arranged to avoid traffic congestion and ensure the protection of public health, safety, and general welfare. The City’s review is also intended to prevent adverse effects on neighboring property, facilitate the provision of utility services and other public facilities commensurate with anticipated population and dwelling unit densities, promote the City’s historical and natural resources such as oak trees, river areas, and ridgelines, and is in conformity with good zoning practice.

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Communication: Assembly Bill 1532 - Staff Report (ITEM 3 ASSEMBLY BILL 1532: Office Conversion Projects) 2 The recommendation to oppose Assembly Bill 1532 is consistent with the City of Santa Clarita 2023 Executive and Legislative Platform. Specifically, Component 1 under the “State” section advises that the City Council, “Oppose legislation that would interfere with, limit, or eliminate the decision-making authority of municipalities in the area of local land use.”

Supporters

Unknown at this time.

Opponents

Unknown at this time.

Bill Status

Assembly Bill 1532 is pending a hearing in the Assembly Committee on Housing and Community Development.

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Communication: Assembly Bill 1532 - Staff Report (ITEM 3 ASSEMBLY BILL 1532: Office Conversion Projects) california legislature—2023–24 regular session
ASSEMBLY BILL No. 1532
Introduced by Assembly Member Haney
February 17, 2023
An act to add Article 11.5 (commencing with Section 65658) to Chapter 3 of Division 1 of Title 7 of the Government Code, and to add Chapter 18.5 (commencing with Section 50898.50) to Part 2 of Division 31 of the Health and Safety Code, relating to housing.
legislative counsel’s digest
AB 1532, as introduced, Haney. Office conversion projects.

The Planning and Zoning Law requires the legislative body of each county and city to adopt a comprehensi ve, long-term general plan for the physical development of the county or city that includes, among other mandatory elements, a housing element. Under that law, supportive housing, as defined, is a use by right in zones where multif amily and mixed uses are permitted if the developer provides the planning agency with a plan for providing supportive services and the proposed housing development meets specified criteria.

This bill w ould make an office con version project, as defined, that meets certain requirements a use by right in all areas re gardless of zoning. The bill would define “office conversion project” to mean the

99 Packet Pg. 18
Communication: Assembly Bill 1532 - Bill Text (ITEM 3 ASSEMBLY BILL 1532: Office Conversion Projects) conversion of a b uilding used for office purposes or a v acant office building into residential dwelling units. The bill would define “use by right” to mean that the city or county’s review of the office conversion may not require a conditional use permit, planned unit de velopment permit, or other discretionary city or county re view or appro val that would constitute a “project” for purposes of CEQA, as specified. By requiring the approval of housing crisis projects as a use by right, the bill would expand the e xemption for appro val of ministerial projects under CEQA.

This bill would exempt an office conversion project from impact fees, as defined, that are not directly related to the con version of an office building into residential dwelling units. The bill w ould allo w the proponent of an office conversion project to pay applicable impact fees over a 10-year period, subject to specified requirements.

This bill would authorize a local government to adopt an ordinance to implement these provisions and specify the process and requirements applicable to office conversion projects, provided that the ordinance is consistent with, and does not inhibit the objectives of the bill.

By imposing ne w duties on local go vernments in re viewing and approving office con version projects, the bill w ould impose a state-mandated local program.

This bill w ould, upon appropriation of the Le gislature, require the Department of Housing and Community De velopment to establish a program that a wards funding to office con version projects that are eligible as a use by right, as described above. The bill would establish the Office to Housing Conversion Fund, and provide that the moneys in the fund are to be made available to the department for purposes of the program.

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

Statutory provisions establish procedures for making that reimbursement.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
99 — 2 — AB 1532

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Communication: Assembly Bill 1532 - Bill Text (ITEM 3 ASSEMBLY BILL 1532: Office Conversion Projects) The people of the State of California do enact as follows:
line 1 SECTION 1. Article 11.5 (commencing with Section 65658) line 2 is added to Chapter 3 of Division 1 of Title 7 of the Government line 3 Code, to read:
line 4
line 5 Article 11.5. Office to Housing Conversion Act
line 6
line 7 65658. This article shall be known as, and may be cited as, the line 8 Office to Housing Conversion Act.
line 9 65658.1. For purposes of this article:
line 10 (a)  “Impact fee” means any fee imposed pursuant to Chapter 5 line 11 (commencing with Section 66000).
line 12 (b)  “Local government” means a city, including a charter city, line 13 a county, or a city and county.
line 14 (c)  “Office con version project” means the con version of a line 15 building used for office purposes or a v acant office building into line 16 residential dwelling units.
line 17 (d)  “Persons and families of low or moderate income” means line 18 the same as defined in Section 50093 of the Health and Safety line 19 Code.
line 20 (e)  “Use by right” means that the city’ s or county’s review of line 21 the office con version project may not require a conditional use line 22 permit, planned unit de velopment permit, or other discretionary line 23 city or county review or approval that would constitute a “project” line 24 for purposes of Division 13 (commencing with Section 21000) of line 25 the Public Resources Code. Any subdivision of the sites shall be line 26 subject to all laws, including, but not limited to, a city or county line 27 ordinance implementing the Subdi vision Map Act (Di vision 2 line 28 (commencing with Section 66410)).
line 29 65658.2. (a)  An office con version project that meets the line 30 requirements of subdivision (b) shall be a use by right in all zones, line 31 regardless of the zoning of the site, and subject to ministerial line 32 review, as provided in this article.
line 33 (b)  (1)  (A)  An office conversion project shall dedicate at least line 34 10 percent of the total amount of housing units created by the line 35 project to persons and families of low or moderate income. line 36 (B)  The project proponent shall commit to record, prior to the line 37 issuance of the first b uilding permit, a land use restriction or line 38 covenant providing that an y lower or moderate income housing 99 AB 1532 — 3 —

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Communication: Assembly Bill 1532 - Bill Text (ITEM 3 ASSEMBLY BILL 1532: Office Conversion Projects) line 1 units required pursuant to paragraph (1) shall remain available at line 2 affordable housing costs or rent to persons and families of low or line 3 moderate income for no less than the following periods of time:
line 4 (i)  Fifty-five years for units that are rented. line 5 (ii)  Forty-five years for units that are owned. line 6 (2)  The project proponent provides the local government with line 7 an enforceable commitment that all contractors and subcontractors line 8 performing w ork on the project will use a skilled and trained line 9 workforce for any proposed rehabilitation, construction, or major line 10 alterations in accordance with Chapter 2.9 (commencing with line 11 Section 2600) of Part 1 of Division 2 of the Public Contract Code. line 12 (3)  The city or county shall require the recording of covenants line 13 or restrictions implementing this paragraph for each unit included line 14 in the project.
line 15 (c)  (1)  An office conversion project subject to this section shall line 16 not be subject to an y review by a city council, county board of line 17 supervisors, planning commission, or other planning o versight line 18 board. If a local government’s planning director or any equivalent line 19 local go vernment staf f, including all rele vant planning and line 20 permitting departments, determines that an office con version line 21 project submitted pursuant to this article is consistent with line 22 subdivision (b), it shall approve the project.
line 23 (2)  Upon a determination that an office conversion project is in line 24 conflict with any of the standards specified in subdivision (b), the line 25 local go vernment shall pro vide the project proponent written line 26 documentation of which standard or standards the project conflicts line 27 with, and an e xplanation for the reason or reasons the project line 28 conflicts with that standard or standards, as follows:
line 29 (A)  Within 60 days of the submission of the office coercion line 30 project to the local government if the project contains 150 or fewer line 31 housing units.
line 32 (B)  Within 90 days of the submission of the office coercion line 33 project to the local government if the project contains more than line 34 150 housing units.
line 35 (d)  A local government shall not impose either of the following line 36 on an office conversion project:
line 37 (1)  Any new parking requirements that were not imposed on line 38 the original office use.
line 39 (2)  Any new open space requirements that were not imposed line 40 on the original office use.
99 — 4 — AB 1532

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Communication: Assembly Bill 1532 - Bill Text (ITEM 3 ASSEMBLY BILL 1532: Office Conversion Projects) line 1 (e)  (1)  Notwithstanding an y other la w, an office con version line 2 project shall be exempt from all impact fees that are not directly line 3 related to the construction of an office b uilding into residential line 4 dwelling units.
line 5 (2)  Notwithstanding any other la w, a local go vernment shall line 6 not impose an y fee on an office con version project to co ver the line 7 cost of code enforcement or inspection services, or to other fees line 8 collected to pay for the cost of enforcement of local ordinances or line 9 state law.
line 10 (3)  (A)  Notwithstanding Chapter 5 (commencing with Section line 11 66000), any impact fees imposed pursuant to this article shall, at line 12 the request of the project proponent, be collected o ver a 10-year line 13 period, with the first payment being due upon the date of the final line 14 inspection, or the date the certificate of occupanc y is issued, line 15 whichever occurs first.
line 16 (B)  The payment of impact fees paid o ver the 10-year period line 17 pursuant to this subdi vision shall be distrib uted evenly over the line 18 payment term.
line 19 (4)  (A)  A project proponent that utilizes paragraph (3) shall be line 20 required to execute a contract to pay the fees, or applicable portion line 21 thereof, within the time specified.
line 22 (B)  The obligation to pay the fees shall inure to the benefit of, line 23 and be enforceable by, the local government that imposed the fee line 24 or charge, regardless of whether it is a party to the contract. The line 25 contract shall contain a legal description of the property affected, line 26 shall be recorded in the office of the county recorder of the county line 27 and, from the date of recordation, shall constitute a lien for the line 28 payment of the fees, which shall be enforceable against successors line 29 in interest to the property owner or lessee at the time of issuance line 30 of the b uilding permit. The contract shall be recorded in the line 31 grantor-grantee index in the name of the public agency issuing the line 32 building permit as grantee and in the name of the property owner line 33 or lessee as grantor. The local government shall record a release line 34 of the obligation, containing a legal description of the property, in line 35 the event the obligation is paid in full, or a partial release in the line 36 event the fee or charge is prorated.
line 37 (C)  The contract may require the property o wner or lessee to line 38 provide appropriate notification of the opening of any escrow for line 39 the sale of the property for which the b uilding permit was issued line 40 and to provide in the escrow instructions that the fee or charge be 99 AB 1532 — 5 —

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Communication: Assembly Bill 1532 - Bill Text (ITEM 3 ASSEMBLY BILL 1532: Office Conversion Projects) line 1 paid to the local go vernment imposing the same from the sale line 2 proceeds in escrow prior to disbursing proceeds to the seller. line 3 (f)  A local go vernment shall not adopt or impose an y line 4 requirement, including, b ut not limited to, increased fees or line 5 inclusionary housing requirements, that applies to a project solely line 6 or partially on the basis that the office conversion project is subject line 7 to this section.
line 8 65658.3. A local go vernment may adopt an ordinance to line 9 implement this article and specify the process and requirements line 10 applicable to office conversion projects, provided that the ordinance line 11 is consistent with, and does not inhibit the objectives of, this article. line 12 65658.4. The Legislature finds and declares that this article line 13 addresses a matter of state wide concern rather than a municipal line 14 affair as that term is used in Section 5 of Article XI of the line 15 California Constitution. Therefore, this article applies to all cities, line 16 including charter cities.
line 17 SEC. 2. Chapter 18.5 (commencing with Section 50898.50) is line 18 added to Part 2 of Division 31 of the Health and Safety Code, to line 19 read:
line 20
line 21 Chapter 18.5. Office to Housing Conversion Grants line 22
line 23 50898.50. For purposes of this Chapter:
line 24 (a)  “Department” means the Department of Housing and line 25 Community Development.
line 26 (b)  “Office conversion project” means a project that is eligible line 27 as a use by right pursuant to Article 11.5 (commencing with Section line 28 65658) of Chapter 3 of Di vision 1 of Title 7 of the Go vernment line 29 Code.
line 30 50898.51. (a)  Upon appropriation by the Le gislature, the line 31 department shall establish a grant program that awards funding to line 32 office conversion projects consistent with this chapter. line 33 (b)  The funding a warded under this chapter shall be a warded line 34 based on the square footage of the office conversion project. line 35 50898.52. (a)  There is hereby created in the State Treasury line 36 the Office to Housing Conversion Fund.
line 37 (b)  Moneys in the fund shall, upon appropriation by the line 38 Legislature, be made available the department for purposes of this line 39 chapter.
99 — 6 — AB 1532

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Communication: Assembly Bill 1532 - Bill Text (ITEM 3 ASSEMBLY BILL 1532: Office Conversion Projects) line 1 SEC. 3. If the Commission on State Mandates determines that line 2 this act contains costs mandated by the state, reimb ursement to line 3 local agencies and school districts for those costs shall be made line 4 pursuant to Part 7 (commencing with Section 17500) of Division line 5 4 of Title 2 of the Government Code.

O
99 AB 1532 — 7 —

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Communication: Assembly Bill 1532 - Bill Text (ITEM 3 ASSEMBLY BILL 1532: Office Conversion Projects)

Legislative Committee – March 30, 2023

Assembly Bill 1630 - Planning and Zoning: Housing Development Approvals:

Student Housing Projects
1 Recommendation

Legislative Committee recommend to oppose Assembly Bill 1630.

Summary

Authored by Assembly Member Eduardo Garcia (D-36-Coachella), Assembly Bill 1630 requires cities and counties to approve, through a streamlined and ministerial process, residential developments that dedicate at least 20 percent of the residential units to students or faculty and is located on property within 1,000 feet of a university. Additionally, this bill restricts cities and counties from requiring a minimum parking requirement, conditional use permit, planned unit development permit, or other discretionary local review or approval that would require a California Environmental Quality Act (CEQA) review. Projects under a ministerial review are not subject to an appeals process, public hearing, and CEQA review.

Background

Moreover, the City’s review is to ensure that the use of the project, when considered on the basis of the suitability of the site, is arranged to avoid traffic congestion and ensure the protection of public health, safety, and general welfare. The City’s review is also intended to prevent adverse effects on neighboring property, facilitate the provision of utility services and other public facilities commensurate with anticipated population and dwelling unit densities, promote the City’s historical and natural resources such as oak trees, river areas, and ridgelines, and is in conformity with good zoning practice.

There are over 1,000 local education agencies (LEA) in the State, which includes school districts, county offices of education, and charter schools. Collectively, they own more than 150,000 acres of land. Furthermore, of land owned by LEAs, it is estimated that there are 7,068 properties with potentially developable land of one acre or more, totaling 75,000 acres statewide.

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Communication: Assembly Bill 1630 - Staff Report (ITEM 4 ASSEMBLY BILL 1630: Planning and Zoning: Housing Development Approvals:

2 Schools in the City are located in the City’s Public/Institutional (PI) Zone. Although the PI Zone permits a residential dwelling, it does not include specifications for a residential multifamily subdivision, as outlined in this legislation, and therefore a proposed multifamily project within a PI Zone would require a zone change to be considered for development purposes.

In addition to LEA property within the City’s PI zone, some LEAs also own property outside of the PI Zone. The City would not be able to review, consistent with the City’s standards included in the Municipal Code, a proposed project by an LEA for these properties.

The recommendation to oppose Assembly Bill 1630 is consistent with the City of Santa Clarita 2023 Executive and Legislative Platform. Specifically, Component 1 under the “State” section advises that the City Council, “Oppose legislation that would interfere with, limit, or eliminate the decision-making authority of municipalities in the area of local land use.”

Supporters

Unknown at this time.

Opponents

Unknown at this time.

Bill Status

Assembly Bill 1630 is pending a hearing in the Assembly Committee on Housing and Community Development.

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Communication: Assembly Bill 1630 - Staff Report (ITEM 4 ASSEMBLY BILL 1630: Planning and Zoning: Housing Development Approvals:

AMENDED IN ASSEMBLY MARCH 21, 2023
california legislature—2023–24 regular session
ASSEMBLY BILL No. 1630
Introduced by Assembly Member Garcia
February 17, 2023
An act to add Section 65914.8 to the Go vernment Code, relating to land use.
legislative counsel’s digest
AB 1630, as amended, Garcia. Planning and zoning: housing development approvals: student housing projects.

Existing law, the Planning and Zoning Law, authorizes the legislative body of any county or city, pursuant to specified procedures, to adopt ordinances that, among other things, re gulate the use of b uildings, structures, and land as between industry , business, residences, open space, and other purposes. Existing law, the Planning and Zoning Law, until January 1, 2026, authorizes a de velopment proponent to submit an application for a multifamily housing development that is subject to a streamlined, ministerial approval process, as provided, and not subject to a conditional use permit, if the de velopment satisfies specified objective planning standards, including, among other things, that the development and the site on which it is located satisfy specified location, urbanization, and zoning requirements.

This bill w ould prohibit a city , county , or city and county from prohibiting a dormitory on any real property located within 1⁄2 mile of a university campus, as defined. enact The Student Housing Crisis Act of 2023. The bill w ould require a city , county, or city and county to classify student and faculty and staff housing as a permitted use on all real property within 1⁄2 mile 1,000 feet of a university campus campus,

98 Packet Pg. 27
Communication: Assembly Bill 1630 - Bill Text (ITEM 4 ASSEMBLY BILL 1630: Planning and Zoning: Housing Development Approvals: Student as defined, for zoning purposes. The bill w ould require a proposed student or faculty and staff housing project, as defined, to be considered ministerially, without discretionary re view or a hearing, if specified requirements are met, including that at least 50% a minimum of 20% of the unites units in the project be occupied rented by students of the local university campus to which the project site is proximate. or faculty and staff of the university. The bill would prohibit a local agency from imposing or enforcing on a student or faculty and staff housing project subject to ministerial consider ation certain r estrictions, including a minimum automobile parking r equirement. The bill would r equire student or faculty and staf f housing to have certain r ecorded deed restrictions, except as provided, that ensure for at least 55 year s that, among other things, at least 20% of the units ar e affordable to lower income households, as defined, except as provided. In connection with an application submitted pursuant to these pro visions, the bill w ould require a city , county, or city and county to tak e specified actions, including, upon the request of the applicant, pro vide a list of permits and fees that are required by the city , county, or city and county . By imposing new duties on local jurisdictions, this bill w ould impose a state-mandated local program. The bill would require a proponent of a student or faculty and staf f housing pr oject subject to ministerial consideration to require in contracts with construction contr acts and certify to the local go vernment that certain standar ds will be met in project construction, including that a student or faculty and staff housing project that is not in its entir ety a public work, as defined, shall be subject to certain r equirements, including to pay all construction workers employed in the e xecuting of the student or faculty and staf f housing project at least the general prevailing rate of per diem wages for the type of work and geographic area, as specified.

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 en vironmental 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 ne gative 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 ha ve a significant effect on the environment if revisions in the project would avoid or mitig ate that effect and there is no substantial e vidence that the project, as re vised, w ould ha ve a significant ef fect on the 98 — 2 — AB 1630

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Communication: Assembly Bill 1630 - Bill Text (ITEM 4 ASSEMBLY BILL 1630: Planning and Zoning: Housing Development Approvals: Student environment. CEQA does not apply to the appro val of ministerial projects.

By establishing a streamlined, ministerial approval process for certain housing developments, this bill w ould expand the e xemption for the ministerial approval of projects under CEQA.

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

Statutory provisions establish procedures for making that reimbursement.

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

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 65914.8 is added to the Government line 2 Code, to read:
line 3 65914.8. (a)  A city , county , or city and county shall not line 4 prohibit a dormitory on any real property located within one-half line 5 mile of a university campus. This section shall be known, and may line 6 be cited, as “The Student Housing Crisis Act of 2023.” line 7 (b)  A city, county, or city and county shall classify student and line 8 faculty and staf f housing as a permitted use on all real property line 9 within one-half mile 1,000 feet of a university campus for zoning line 10 purposes.
line 11 (c)  A proposed student or faculty and staff housing project shall line 12 be considered ministerially , without discretionary re view or a line 13 hearing, if the proposed student housing project meets all of the line 14 following requirements:
line 15 (1)  At least 50 percent of the units of the student housing project line 16 is occupied by students of the local uni versity campus to which line 17 the project site is proximate.
line 18 (2)  The residential density for a student housing project, as line 19 measured on the de velopment footprint, is the greater of the line 20 following:
line 21 (A)  The residential density allo wed on the parcel by the city , line 22 county, or city and county, as applicable.
98 AB 1630 — 3 —

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Communication: Assembly Bill 1630 - Bill Text (ITEM 4 ASSEMBLY BILL 1630: Planning and Zoning: Housing Development Approvals: Student line 1 (B)  The applicable density deemed appropriate to accommodate line 2 housing for lo wer income households in that jurisdiction, as line 3 specified in paragraph (3) of subdivision (c) of Section 65583.2. line 4 (3)  The height limit for the housing development is the greater line 5 of the following:
line 6 (A)  The height limit allowed on the parcel by the city, county, line 7 or city and county, as applicable.
line 8 (B)  Thirty-five feet.
line 9 (1)  The student or faculty and staf f housing is located on line 10 property within 1,000 feet of a university campus. line 11 (2)  A minimum of 20 per cent of the units of the housing line 12 development are rented by students and university faculty or staff, line 13 and the r emaining units ar e r ented pur suant to the following line 14 procedures:
line 15 (A)  A developer or developer proponent shall first offer the units line 16 to the university’s student, faculty, and staff population for a period line 17 of two weeks.
line 18 (B)  If the de veloper or de veloper pr oponent r eceives an line 19 insufficient number of students, faculty, and staff to apply for and line 20 occupy the units, the developer or developer proponent may offer line 21 the unoccupied units to the general members of the public. line 22 (C)  When a unit in the housing de velopment becomes line 23 unoccupied and available for r ent, a de veloper or de veloper line 24 proponent shall fir st of fer the unit to the univer sity’s students, line 25 faculty, and staff and then to general members of the public. line 26 (3)  The student or faculty and staff housing development is not line 27 any of the following:
line 28 (A)  Either prime farmland or farmland of statewide importance, line 29 as defined pur suant to United States Department of Agriculture line 30 land inventory and monitoring criteria, as modified for California, line 31 and designated on the maps prepared by the Farmland Mapping line 32 and Monitoring Program of the Department of Conservation, or line 33 land zoned or designated for a gricultural pr otection or line 34 preservation by a local ballot measur e that was approved by the line 35 voters of that jurisdiction.
line 36 (B)  Wetlands, as defined in the United States Fish and Wildlife line 37 Service Manual, Part 660 FW 2 (June 21, 1993).
line 38 (C)  Within a very high fire hazard severity zone, as determined line 39 by the State Fire Marshal pursuant to Section 51178, or within a line 40 high or very high fire hazard severity zone as indicated on maps 98 — 4 — AB 1630

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Communication: Assembly Bill 1630 - Bill Text (ITEM 4 ASSEMBLY BILL 1630: Planning and Zoning: Housing Development Approvals: Student line 1 adopted by the State Fire Marshal pursuant to Section 4202 of the line 2 Public Resources Code. This subparagraph does not apply to sites line 3 excluded from the specified fire hazard severity zones by a local line 4 agency, pursuant to subdivision (b) of Section 51179, or sites that line 5 have adopted fire hazard mitigation measures pursuant to existing line 6 building standards or state fire mitigation measures applicable to line 7 the project.
line 8 (D)  Either a hazar dous waste site listed pur suant to Section line 9 65962.5 or a hazardous substances release site designated by the line 10 Department of Toxic Substances Control pursuant to Section 25356 line 11 of the Health and Safety Code , unless the State Department of line 12 Public Health, State Water Resour ces Contr ol Boar d, or line 13 Department of Toxic Substances Control has cleared the site for line 14 residential use or residential mixed uses.
line 15 (E)  Within a delineated earthquake fault zone as determined by line 16 the State Geolo gist in any official maps published by the State line 17 Geologist, unless the pr oject complies with applicable seismic line 18 protection b uilding code standar ds adopted by the California line 19 Building Standards Commission under the California Building line 20 Standards Law (P art 2.5 (commencing with Section 18901) of line 21 Division 13 of the Health and Safety Code), and by any local line 22 building department under Chapter 12.2 (commencing with Section line 23 8875) of Division 1 of Title 2.
line 24 (F)  Within a special flood hazard area subject to inundation by line 25 a 1-percent annual chance flood (100-year flood) as determined line 26 by the F ederal Emergency Mana gement Agency in any official line 27 maps published by the Federal Emergency Management Agency. line 28 If a student or faculty and staf f housing project is able to satisfy line 29 all applicable federal qualifying criteria in order to demonstrate line 30 that the site satisfies this subparagraph and is otherwise eligible line 31 to be e xempt from this division pur suant to this section, a local line 32 government shall not deny an application on the basis that the line 33 student or faculty and staf f housing project did not comply with line 34 any additional permit r equirement, standard, or action adopted line 35 by that local government that is applicable to that site. A project line 36 may be located on a site described in this subpar agraph if either line 37 of the following are met:
line 38 (i)  The site has been subject to a Letter of Map Re vision line 39 prepared by the F ederal Emer gency Mana gement Agency and line 40 issued to the local government.
98 AB 1630 — 5 —

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Communication: Assembly Bill 1630 - Bill Text (ITEM 4 ASSEMBLY BILL 1630: Planning and Zoning: Housing Development Approvals: Student line 1 (ii)  The site meets F ederal Emer gency Mana gement Agency line 2 requirements necessary to meet minimum flood plain management line 3 criteria of the National Flood Insurance Program pursuant to Part line 4 59 (commencing with Section 59.1) and Part 60 (commencing with line 5 Section 60.1) of Subchapter B of Chapter I of Title 44 of the Code line 6 of Federal Regulations.
line 7 (iii)  Habitat for pr otected species identified as candidate , line 8 sensitive, or species of special status by a state or federal agency, line 9 fully pr otected species, or species pr otected by the feder al line 10 Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), or line 11 the California Endangered Species Act (Chapter 1.5 (commencing line 12 with Section 2050) of Division 3 of the Fish and Game Code). line 13 (d)  Notwithstanding an y other la w, a local agenc y shall not line 14 impose or enforce any on a student or faculty and staf f housing line 15 project subject to ministerial consideration pursuant to subdivision line 16 (c) any of the following:
line 17 (1)  A minimum automobile parking requirement as a requirement line 18 of approval for a permit to construct a student housing project. line 19 requirement.
line 20 (2)  A floor-to-area ratio requirement.
line 21 (e)  A local agency may require a setback of up to line 22 (3)  A setback requirement greater than four feet from the side line 23 and rear lot lines of the student housing project subject to this line 24 section. lines.
line 25 (4)  A density requirement.
line 26 (5)  A height limit less than the lower of the following:
line 27 (A)  The height limit allowed on the par cel by the city, county, line 28 or city and county, as applicable.
line 29 (B)  Forty feet, excluding roof-mounted amenities and utilities. line 30 (f)  The
line 31 (e)  Unless a local ordinance or the terms of a federal, state, or line 32 local grant, tax cr edit, or other pr oject financing r equires, as a line 33 condition of the development of residential units, that the student line 34 or faculty and staff housing project include a certain percentage line 35 of units that are affordable to, and occupied by, low-income, lower line 36 income, very low income, or extremely low income households for line 37 a term that exceeds 55 years for rental housing units, a student or line 38 faculty and staf f housing project subject to ministerial line 39 consideration pursuant to subdivision (c) shall ha ve a recorded 98 — 6 — AB 1630

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Communication: Assembly Bill 1630 - Bill Text (ITEM 4 ASSEMBLY BILL 1630: Planning and Zoning: Housing Development Approvals: Student line 1 deed restriction that ensures, for a period of at least 55 years, both line 2 all of the following:
line 3 (1)  At least one-third of the units are set at an af fordable rent line 4 to lower income or moderate-income households.
line 5 (2)
line 6 (1)  At least 15 20 percent of the units are af fordable to lower line 7 income households. For purposes of this paragraph, “lower income line 8 households” means either of the following:
line 9 (A)  Students who have a household income and asset level that line 10 does not exceed the level for Cal Grant A or Cal Grant B award line 11 recipients as set forth in paragraph (1) of subdivision (k) of Section line 12 69432.7 of the Education Code. The eligibility of a student under line 13 this paragraph shall be verified by an affidavit, awar d letter, or line 14 letter of eligibility provided by the institution of higher education line 15 in which the student is enrolled or by the Student Aid Commission line 16 that the student receives or is eligible for financial aid, including line 17 an institutional grant or fee waiver, from the college or university, line 18 the Student Aid Commission, or the feder al government shall be line 19 sufficient to satisfy this paragraph.
line 20 (B)  “Lower income households” as defined in Section 50079.5 line 21 of the Health and Safety Code.
line 22 (2)  The rent charged in the applicable units of the student or line 23 faculty and staff housing project for lower income students, faculty, line 24 and staff shall be calculated at 30 percent of 65 percent of the area line 25 median income for a single-room occupancy type. line 26 (3)  The student or faculty and staff housing project will prioritize line 27 the applicable af fordable units for lower income students line 28 experiencing homelessness. A homeless services pr ovider, as line 29 defined in paragraph (3) of subdivision (e) of Section 103577 of line 30 the Health and Safety Code, or institution of higher education that line 31 has knowledge of a person’s homeless status may verify a person’s line 32 status as homeless for purposes of this paragraph. line 33 (g)
line 34 (f)  In connection with an application submitted pursuant to line 35 subdivision (c), a city , county, or city and county shall do all of line 36 the following:
line 37 (1)  Upon the request of the applicant, pro vide a list of the line 38 permits and fees that are required by the city , county, or city and line 39 county, including, b ut not limited to, information about other 98 AB 1630 — 7 —

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Communication: Assembly Bill 1630 - Bill Text (ITEM 4 ASSEMBLY BILL 1630: Planning and Zoning: Housing Development Approvals: Student line 1 permits that may be required by other departments in the city , line 2 county, or city and county, or by other public agencies. line 3 (2)  Upon the request of the applicant, provide information about line 4 the anticipated length of time for re viewing and processing the line 5 permit application.
line 6 (3)  Upon the request of the applicant, pro vide information on line 7 the breakdown of any individual fees charged in connection with line 8 the issuance of the permit.
line 9 (4)  If a deposit is required to co ver the cost of the permit, line 10 provide information to the applicant about the estimated final cost line 11 to the applicant of the permit and the procedures for recei ving a line 12 refund of the portion of the deposit not used.
line 13 (g)  Except as pr ovided in subdivision (h), a de veloper or line 14 developer pr oponent of a student or faculty and staf f housing line 15 project subject to ministerial consideration pursuant to subdivision line 16 (c) shall r equire in contr acts with construction contr actors and line 17 shall certify to the local government that the following standards line 18 specified in this subdivision will be met in pr oject construction, line 19 as applicable:
line 20 (1)  A student or faculty and staff housing project that is not in line 21 its entirety a public work for purposes of Chapter 1 (commencing line 22 with Section 1720) of Part 7 of Division 2 of the Labor Code and line 23 is approved by a local go vernment pur suant to subdivision (c) line 24 shall be subject to all of the following:
line 25 (A)  All construction workers employed in the e xecution of the line 26 student or faculty and staff housing project shall be paid at least line 27 the general prevailing rate of per diem wages for the type of work line 28 and geographic area, as determined by the Director of Industrial line 29 Relations pursuant to Sections 1773 and 1773.9 of the Labor Code, line 30 except that appr entices registered in pr ograms approved by the line 31 Chief of the Division of Apprenticeship Standards may be paid at line 32 least the applicable apprentice prevailing rate. line 33 (B)  The student or faculty and staf f housing project developer line 34 or de veloper pr oponent shall ensur e that the pr evailing wa ge line 35 requirement is included in all contracts for the performance of the line 36 work for those portions of the student or faculty and staff housing line 37 project that are not a public work.
line 38 (C)  All contractors and subcontractors for those portions of the line 39 student or faculty and staf f housing project that are not a public line 40 work shall comply with both of the following:
98 — 8 — AB 1630

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Communication: Assembly Bill 1630 - Bill Text (ITEM 4 ASSEMBLY BILL 1630: Planning and Zoning: Housing Development Approvals: Student line 1 (i)  Pay to all construction work ers employed in the e xecution line 2 of the work at least the general prevailing rate of per diem wages, line 3 except that appr entices registered in pr ograms approved by the line 4 Chief of the Division of Apprenticeship Standards may be paid at line 5 least the applicable apprentice prevailing rate. line 6 (ii)  Maintain and verify payr oll r ecords pur suant to Section line 7 1776 of the Labor Code and mak e those r ecords available for line 8 inspection and copying as pr ovided in that section. This clause line 9 does not apply if all contr actors and subcontractors performing line 10 work on the student or faculty and staff housing project are subject line 11 to a pr oject labor a greement that r equires the payment of line 12 prevailing wa ges to all construction work ers employed in the line 13 execution of the student or faculty and staf f housing project and line 14 provides for enforcement of that obligation through an arbitration line 15 procedure. For purposes of this clause, “project labor agreement” line 16 has the same meaning as set forth in paragraph (1) of subdivision line 17 (b) of Section 2500 of the Public Contract Code. line 18 (2)  (A)  The obligation of the contr actors and subcontr actors line 19 to pay pr evailing wa ges pur suant to this par agraph may be line 20 enforced by any of the following:
line 21 (i)  The Labor Commissioner thr ough the issuance of a civil line 22 wage and penalty assessment pursuant to Section 1741 of the Labor line 23 Code, which may be r eviewed pur suant to Section 1742 of the line 24 Labor Code, within 18 months after the completion of the student line 25 or faculty and staff housing project.
line 26 (ii)  An underpaid worker through an administrative complaint line 27 or civil action.
line 28 (iii)  A joint labor-management committee through a civil action line 29 under Section 1771.2 of the Labor Code.
line 30 (B)  If a civil wa ge and penalty assessment is issued pur suant line 31 to this paragraph, the contractor, subcontractor, and surety on a line 32 bond or bonds issued to secure the payment of wages covered by line 33 the assessment shall be liable for liquidated damages pursuant to line 34 Section 1742.1 of the Labor Code.
line 35 (C)  This subdivision does not apply if all contr actors and line 36 subcontractors performing work on the student or faculty and staff line 37 housing pr oject ar e subject to a pr oject labor a greement that line 38 requires the payment of pr evailing wa ges to all construction line 39 workers employed in the e xecution of the student or faculty and line 40 staff housing pr oject and pr ovides for enfor cement of that 98 AB 1630 — 9 —

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Communication: Assembly Bill 1630 - Bill Text (ITEM 4 ASSEMBLY BILL 1630: Planning and Zoning: Housing Development Approvals: Student line 1 obligation through an arbitration procedure. For purposes of this line 2 subparagraph, “project labor agreement” has the same meaning line 3 as set forth in paragraph (1) of subdivision (b) of Section 2500 of line 4 the Public Contract Code.
line 5 (3)  Notwithstanding subdivision (c) of Section 1773.1 of the line 6 Labor Code, the requirement that employer payments not reduce line 7 the obligation to pay the hourly str aight time or overtime wages line 8 found to be prevailing does not apply to those portions of student line 9 or faculty and staff housing projects that are not a public work if line 10 otherwise provided in a bona fide collective bargaining agreement line 11 covering the worker.
line 12 (4)  The r equirement of this subdivision to pay at least the line 13 general prevailing rate of per diem wa ges does not preclude use line 14 of an alternative workweek schedule adopted pursuant to Section line 15 511 or 514 of the Labor Code.
line 16 (5)  A student or faculty and staff housing project of 50 or more line 17 housing units appr oved by a local go vernment pursuant to this line 18 section shall meet all of the following labor standards:
line 19 (A)  The de veloper or de veloper pr oponent shall r equire in line 20 contracts with construction contr actors and shall certify to the line 21 local government that each contractor of any tier who will employ line 22 construction craft employees or will let subcontr acts for at least line 23 1,000 hours shall satisfy the r equirements in subparagraphs (B) line 24 and (C). A construction contractor is deemed in compliance with line 25 subparagraphs (B) and (C) if it is signatory to a valid collective line 26 bargaining a greement that r equires utilization of r egistered line 27 apprentices and e xpenditures on health car e for employees and line 28 dependents.
line 29 (B)  A contractor with construction craft employees shall either line 30 participate in an apprenticeship program approved by the Division line 31 of Apprenticeship Standards pursuant to Section 3075 of the Labor line 32 Code, or request the dispatch of apprentices from a state-approved line 33 apprenticeship program under the terms and conditions set forth line 34 in Section 1777.5 of the Labor Code . A contr actor without line 35 construction craft employees shall show a contractual obligation line 36 that its subcontractors comply with this subparagraph. line 37 (C)  Each contr actor with construction cr aft employees shall line 38 make health car e expenditures for eac h employee in an amount line 39 per hour worked on the student or faculty and staff housing project line 40 equivalent to at least the hourly pr o r ata cost of a Co vered 98 — 10 — AB 1630

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Communication: Assembly Bill 1630 - Bill Text (ITEM 4 ASSEMBLY BILL 1630: Planning and Zoning: Housing Development Approvals: Student line 1 California Platinum-level plan for two adults 40 year s of age or line 2 older and two dependents 0 to 14 year s of a ge for the Co vered line 3 California rating area in whic h the student or faculty and staf f line 4 housing project is located. A contractor without construction craft line 5 employees shall show a contr actual obligation that its line 6 subcontractors comply with this clause . Qualifying expenditures line 7 shall be credited toward compliance with prevailing wage payment line 8 requirements set forth in this subdivision.
line 9 (D)  (i)  Each contractor with construction craft employees shall line 10 make health car e expenditures for eac h employee in an amount line 11 per hour worked on the student or faculty and staff housing project line 12 equivalent to at least the hourly pr o r ata cost of a Co vered line 13 California Platinum-level plan for two adults 40 year s of age or line 14 older and two dependents 0 to 14 year s of a ge for the Co vered line 15 California rating area in whic h the student or faculty and staf f line 16 housing project is located. A contractor without construction craft line 17 employees shall show a contr actual obligation that its line 18 subcontractors comply with this clause . Qualifying expenditures line 19 shall be credited toward compliance with prevailing wage payment line 20 requirements set forth in this subdivision.
line 21 (ii)  A developer or de veloper proponent that fails to pr ovide line 22 the monthly report shall be subject to a civil penalty for each month line 23 for which the report has not been pr ovided, in the amount of 10 line 24 percent of the dollar value of construction work performed by that line 25 contractor on the student or faculty and staf f housing project in line 26 the month in question, up to a maximum of ten thousand dollar s line 27 ($10,000). Any contractor or subcontr actor that fails to comply line 28 with subparagraphs (B) and (C) shall be subject to a civil penalty line 29 of two hundred dollars ($200) per day for each worker employed line 30 in contravention of subparagraphs (B) and (C).
line 31 (iii)  Penalties may be assessed by the Labor Commissioner line 32 within 18 months of completion of the student or faculty and staff line 33 housing project using the pr ocedures for issuance of civil wa ge line 34 and penalty assessments specified in Section 1741 of the Labor line 35 Code, and may be reviewed pursuant to Section 1742 of the Labor line 36 Code. P enalties shall be deposited in the State Public Works line 37 Enforcement Fund established pursuant to Section 1771.3 of the line 38 Labor Code.
line 39 (E)  Each construction contr actor shall maintain and verify line 40 payroll records pursuant to Section 1776 of the Labor Code. Each 98 AB 1630 — 11 —

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Communication: Assembly Bill 1630 - Bill Text (ITEM 4 ASSEMBLY BILL 1630: Planning and Zoning: Housing Development Approvals: Student line 1 construction contractor shall submit payr oll records directly to line 2 the Labor Commissioner at least monthly in a format pr escribed line 3 by the Labor Commissioner in accordance with subparagraph (A) line 4 of paragraph (3) of subdivision (a) of Section 1771.4 of the Labor line 5 Code. The records shall include a statement of fring e benefits. line 6 Upon request by a joint labor-management cooperation committee line 7 established pur suant to the feder al Labor Mana gement line 8 Cooperation Act of 1978 (29 U.S.C. Sec. 175a), the records shall line 9 be provided pursuant to subdivision (e) of Section 1776 of the line 10 Labor Code.
line 11 (F)  All construction contr actors shall r eport any c hange in line 12 apprenticeship program participation or health care expenditures line 13 to the local government within 10 business days, and shall reflect line 14 those c hanges on the monthly r eport. The r eports shall be line 15 considered public r ecords pur suant to the California Public line 16 Records Act (Division 10 (commencing with Section 7920.000) of line 17 Title 1) and shall be open to public inspection. line 18 (G)  A joint labor -management cooper ation committee line 19 established pur suant to the feder al Labor Mana gement line 20 Cooperation Act of 1978 (29 U.S.C. Sec. 175a) shall have standing line 21 to sue a construction contr actor for failure to mak e health care line 22 expenditures pur suant to clause (iii) of subpar agraph (D) in line 23 accordance with Section 218.7 or 218.8 of the Labor Code. line 24 (h)  Notwithstanding subdivision (g), a student or faculty and line 25 staff housing project subject to ministerial consideration pursuant line 26 to subdivision (c) is exempt from any requirement to pay prevailing line 27 wages, use a workfor ce participating in an appr enticeship, or line 28 provide health care expenditures if it satisfies both of the following:
line 29 (1)  The student or faculty and staff housing project consists of line 30 10 or fewer units.
line 31 (2)  The student or faculty and staf f housing pr oject is not a line 32 public work for purposes of Chapter 1 (commencing with Section line 33 1720) of Part 7 of Division 2 of the Labor Code. line 34 (h)
line 35 (i)  For purposes of this section, the following definitions apply:
line 36 (1)  “Faculty and staf f housing pr oject” means one or mor e line 37 housing facilities to be occupied by faculty or staff of one or more line 38 campuses and owned by a public univer sity, including dining , line 39 academic, and faculty support service spaces and other necessary line 40 and usual attendant and related facilities and equipment. 98 — 12 — AB 1630

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Communication: Assembly Bill 1630 - Bill Text (ITEM 4 ASSEMBLY BILL 1630: Planning and Zoning: Housing Development Approvals: Student line 1 (2)  “Student” means a per son who is curr ently, or has been line 2 within the previous two years, a part-time or full-time student of line 3 the University of California, California State University, California line 4 Community Colleges, or nonpr ofit private univer sity accredited line 5 by the Western Association of Sc hools and Colle ges or the line 6 Accrediting Commission for Community and Junior Colleges. line 7 (1)
line 8 (3)  “Student housing project” means one or more housing line 9 facilities to be occupied by students of one or more campuses line 10 proximate to a uni versity campus, including, b ut not limited to, line 11 dining spaces, academic spaces, student support service spaces, line 12 and other necessary and usual attendant and related facilities and line 13 equipment.
line 14 (2)
line 15 (4)  “University campus” has the same meaning as “main line 16 campus,” as defined in Section 94849 of the Education Code. line 17 means the institution’s sole or primary teaching location. line 18 SEC. 2. The Legislature finds and declares that Section 1 of line 19 this act adding Section 65914.8 to the Government Code addresses line 20 a matter of statewide concern rather than a municipal affair as that line 21 term is used in Section 5 of Article XI of the California line 22 Constitution. Therefore, Section 1 of this act applies to all cities, line 23 including charter cities.
line 24 SEC. 3. No reimbursement is required by this act pursuant to line 25 Section 6 of Article XIIIB of the California Constitution because line 26 a local agency or school district has the authority to le vy service line 27 charges, fees, or assessments sufficient to pay for the program or line 28 level of service mandated by this act, within the meaning of Section line 29 17556 of the Government Code.

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98 AB 1630 — 13 —

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Communication: Assembly Bill 1630 - Bill Text (ITEM 4 ASSEMBLY BILL 1630: Planning and Zoning: Housing Development Approvals: Student

Legislative Committee – March 30, 2023

Assembly Bill 1708 - Theft
1 Recommendation

Legislative Committee recommend support of Assembly Bill 1708.

Summary

Authored by Assembly Member Al Muratsuchi (D-66-Torrance), Assembly Bill 1708 amends Proposition 47 (2014) by requiring a person convicted of theft of a vehicle or firearm, identity theft, or credit card fraud to be charged with a felony.

Subsequent to passage by the state legislature and approval by the Governor, this bill would become effective only if approved by voters through a ballot initiative at the next statewide general election.

Background

Proposition 47 (2014), titled, “The Safe Neighborhoods and Schools Act,” was approved by voters (59.6 percent – 40.4 percent) on November 4, 2014, and went into effect on November 5, 2014. At the City level, the measure failed with 47.19 percent in favor and 52.81 against.

Proposition 47 (2014) reduced penalties for certain nonserious and nonviolent property and drug offenses from felonies or wobblers, which could be charged as either a felony or misdemeanor, to misdemeanors. Under previous state law, shoplifting property worth $950 or less, a type of petty theft, was a misdemeanor. However, such crimes could also be charged as burglary, instead, if the shoplifter intended to shoplift upon entering the store, which could be prosecuted as a felony and sentenced up to three years in prison.

With the approval of Proposition 47 (2014), shoplifting property worth $950 or less is a misdemeanor, regardless of intent, and holds a sentence of up to one year in county jail and/or a fine up to $1,000.

According to the California Department of Justice, larceny-theft increased by approximately 10.7 percent and shoplifting increased by approximately 11.7 percent statewide a year after Proposition 47 (2014) went into effect. Similarly, in Los Angeles County, larceny-theft increased by approximately 10.3 percent and shoplifting increased by approximately 10.9 percent over that same period of time.

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Communication: Assembly Bill 1708 - Staff Report (ITEM 5 ASSEMBLY BILL 1708: Theft) 2 The Santa Clarita City Council supported a similar bill, Assembly Bill 23 (Muratsuchi), at the March 14, 2023, Regular City Council Meeting.

The recommendation to support Assembly Bill 1708 is consistent with the City of Santa Clarita 2023 Executive and Legislative Platform. Specifically, Component 2 under the “State” section advises that the City Council, “Support legislative efforts to address the negative impacts of AB 109, Proposition 47, and Proposition 57 on local governments and provide local law enforcement with the appropriate tools to reduce criminal activity.”

Supporters

Unknown at this time.

Opponents

Unknown at this time.

Bill Status

Assembly Bill 1708 is scheduled to be heard in the Assembly Committee on Public Safety on April 11, 2023.

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Communication: Assembly Bill 1708 - Staff Report (ITEM 5 ASSEMBLY BILL 1708: Theft) AMENDED IN ASSEMBLY MARCH 9, 2023
california legislature—2023–24 regular session
ASSEMBLY BILL No. 1708
Introduced by Assembly Member Muratsuchi
February 17, 2023
An act relating to corrections. to amend Sections 459.5 and 490.2 of, to add Section 666.1 to, and to add Chapter 2.97 (commencing with Section 1001.98) to Title 6 of P art 2 of , the P enal Code, relating to theft.
legislative counsel’s digest
AB 1708, as amended, Muratsuchi. Corrections: rehabilitati ve programing. Theft.
(1) Existing law, the Safe Neighborhoods and Schools Act, enacted by Proposition 47, as approved by the voters at the November 4, 2014, statewide general election, defines and prohibits an act of shoplifting and prohibits prosecution for an act of shoplifting under any other law.

This bill would r efine the definition of shoplifting and would specifically exclude certain of fenses from prosecution as shoplifting , including, among others, the theft of a firearm or vehicle, identity theft, and credit card fraud.
(2) Existing law requires, except as excluded, the theft of any property valued below $950 to be charged as petty theft, a misdemeanor.

This bill would similarly exclude certain offenses from this provision, including, among others, the theft of a vehicle, identity theft, and credit card fraud.
(3) Existing law provides that a per son with a prior con viction for specified sex offenses may be charged with a felony for shoplifting or for theft of property not exceeding $950 in value.

98 Packet Pg. 42
Communication: Assembly Bill 1708 - Bill Text (ITEM 5 ASSEMBLY BILL 1708: Theft) This bill would require a person convicted of petty theft or shoplifting, if the person has 2 or more prior convictions for specified theft-related offenses, to be punished by imprisonment in the county jail for up to one year, or for 16 months, or 2 or 3 years.
(4) Existing law, until January 1, 2026, authorizes a city or county prosecuting authority or county pr obation department to cr eate a diversion or deferred entry of judgment program pursuant to this section for per sons who commit a theft of fense or r epeat theft of fenses, as specified.

This bill would authorize a city or county pr osecuting authority or county probation department to create a diversion program for persons who commit theft or repeat theft offenses, as specified. (5) This bill would provide that the provisions of the bill that amend Proposition 47 would become effective only upon approval of the voters, and would provide for the submission of those provisions to the voters for approval at the next statewide general election.

Existing la w requires the Department of Corrections and Rehabilitation to conduct rehabilitative programming in a manner that meets specified requirements, including minimizing program wait times and offering a variety of program opportunities to inmates re gardless of security level or sentence length.

This bill would express the intent of the Legislature to enact legislation that w ould increase accountability for repeat of fenders through participation in rehabilitative services.

Vote: majority. Appropriation: no. Fiscal committee: no yes. State-mandated local program: no.
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 459.5 of the Penal Code is amended to line 2 read:
line 3 459.5. (a) Notwithstanding Section 459, shoplifting is defined line 4 as entering a commercial establishment with intent to commit line 5 larceny while that establishment is open during re gular business line 6 hours, with the intent to steal retail property or merchandise, where line 7 the value of the property that is taken or intended to be taken does line 8 not exceed nine hundred fifty dollars ($950). Any other entry into line 9 a commercial establishment with intent to commit larcen y is line 10 burglary. Shoplifting shall be punished as a misdemeanor, except line 11 that a person with one or more prior con victions for an of fense 98 — 2 — AB 1708

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Communication: Assembly Bill 1708 - Bill Text (ITEM 5 ASSEMBLY BILL 1708: Theft) line 1 specified in clause (i v) of subparagraph (C) of paragraph (2) of line 2 subdivision (e) of Section 667 or for an of fense requiring line 3 registration pursuant to subdi vision (c) of Section 290 may be line 4 punished pursuant to subdivision (h) of Section 1170. line 5 (b)  Any act of shoplifting as defined in subdivision (a) shall be line 6 charged as shoplifting. No person who is charged with shoplifting line 7 may also be charged with burglary or theft of the same property. line 8 (c)  This section does not apply to theft of a firearm; forgery, as line 9 described in Chapter 4 (commencing with Section 470); the line 10 unlawful sale , tr ansfer, or con veyance of an access car d in line 11 violation of Section 484e; for gery of an access car d in violation line 12 of Section 484f; the unlawful use of an access card in violation of line 13 Section 484g; theft from an elder or dependent adult in violation line 14 of subdivision (e) of Section 368; r eceiving stolen pr operty in line 15 violation of Section 496; embezzlement, as described in Chapter line 16 6 (commencing with Section 503); identity theft in violation of line 17 Section 530.5; or the theft or unauthorized use of a vehicle in line 18 violation of Section 10851 of the Vehicle Code. line 19 (d)  As used in this section, the following terms have the following line 20 meanings:
line 21 (1)  “Retail pr operty or mer chandise” means any article , line 22 product, commodity, item, or component intended to be sold in line 23 retail commerce.
line 24 (2)  “Value” means the retail value of an item as advertised by line 25 the affected retail establishment, including applicable taxes. line 26 SEC. 2. Section 490.2 of the Penal Code is amended to read:
line 27 490.2. (a)  Notwithstanding Section 487 or any other provision line 28 of law defining grand theft, obtaining any property by theft where line 29 the value of the money, labor, real or personal property taken does line 30 not exceed nine hundred fifty dollars ($950) shall be considered line 31 petty theft and shall be punished as a misdemeanor , except that line 32 such person may instead be punished pursuant to subdivision (h) line 33 of Section 1170 if that person has one or more prior con victions line 34 for an of fense specified in clause (i v) of subparagraph (C) of line 35 paragraph (2) of subdivision (e) of Section 667 or for an of fense line 36 requiring registration pursuant to subdivision (c) of Section 290. line 37 (b)  This section shall not be applicable to any theft that may be line 38 charged as an infraction pursuant to any other provision of law. line 39 (c)  This section shall does not apply to theft of a firearm. line 40 firearm; forgery, as described in Chapter 4 (commencing with 98 AB 1708 — 3 —

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Communication: Assembly Bill 1708 - Bill Text (ITEM 5 ASSEMBLY BILL 1708: Theft) line 1 Section 470); the unlawful sale , tr ansfer, or con veyance of an line 2 access card in violation of Section 484e; forgery of an access card line 3 in violation of Section 484f; the unlawful use of an access card in line 4 violation of Section 484g; theft from an elder or dependent adult line 5 in violation of subdivision (e) of Section 368; r eceiving stolen line 6 property in violation of Section 496; embezzlement, as described line 7 in Chapter 6 (commencing with Section 503); identity theft in line 8 violation of Section 530.5; or the theft or unauthorized use of a line 9 vehicle in violation of Section 10851 of the Vehicle Code. line 10 SEC. 3. Section 666.1 is added to the Penal Code, to read:
line 11 666.1. (a)  (1)  Notwithstanding any other law, a person who, line 12 having two or mor e convictions for any of the of fenses listed in line 13 paragraph (2), and who is subsequently convicted of petty theft or line 14 shoplifting, is punishable by imprisonment in the county jail not line 15 exceeding one year, or pursuant to subdivision (h) of Section 1170. line 16 (2)  This section applies to the following offenses:
line 17 (A)  Petty theft, as described in Section 488.
line 18 (B)  Grand theft, as described in Section 487.
line 19 (C)  Theft fr om an elder or dependent adult in violation of line 20 subdivision (e) of Section 368.
line 21 (D)  The theft or unauthorized use of a vehicle, as described in line 22 Section 10851 of the Vehicle Code.
line 23 (E)  Burglary, as described in Section 459.
line 24 (F)  Carjacking, as described in Section 215.
line 25 (G)  Robbery, as described in Section 211.
line 26 (H)  Receiving stolen property, as described in Section 496. line 27 (I)  Shoplifting, as described in Section 459.5. line 28 (J)  Mail theft, as described in subdivision (e) of Section 530.5. line 29 (b)  This section shall not be construed to preclude prosecution line 30 or punishment pursuant to any other law.
line 31 SEC. 4. Chapter 2.97 (commencing with Section 1001.98) is line 32 added to Title 6 of Part 2 of the Penal Code, to read:
line 33
line 34 Chapter 2.97. Theft Crimes Diversion
line 35
line 36 1001.98. (a)  The city or county prosecuting attorney or county line 37 probation department may cr eate a diver sion program pursuant line 38 to this section for per sons who commit a theft of fense or repeat line 39 theft offenses. The program may be conducted by the prosecuting line 40 attorney’s office or the county probation department. 98 — 4 — AB 1708

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Communication: Assembly Bill 1708 - Bill Text (ITEM 5 ASSEMBLY BILL 1708: Theft) line 1 (b)  Except as provided in subdivision (e), this chapter does not line 2 limit the power of the pr osecuting attorney to prosecute theft or line 3 repeat theft.
line 4 (c)  If a county creates a diversion or deferred entry of judgment line 5 program for individuals committing theft or repeat theft offenses, line 6 on receipt of a case or at arr aignment, the prosecuting attorney line 7 shall either refer the case to the county pr obation department to line 8 conduct a pr efiling in vestigation r eport to assess the line 9 appropriateness of pr ogram placement or , if the pr osecuting line 10 attorney’s office oper ates the pr ogram, determine if the case is line 11 one that is appr opriate to be r eferred to the pr ogram. In line 12 determining whether to refer a case to the program, the probation line 13 department or pr osecuting attorne y shall consider , b ut is not line 14 limited to, all of the following factors:
line 15 (1)  Any prefiling investigation report conducted by the county line 16 probation department or nonprofit contract agency operating the line 17 program that e valuates the individual’ s risk and needs and the line 18 appropriateness of program placement.
line 19 (2)  If the per son demonstr ates a willingness to enga ge in line 20 community service, restitution, or other mechanisms to repair the line 21 harm caused by the criminal activity and addr ess the underlying line 22 drivers of the criminal activity.
line 23 (3)  If a risk and needs assessment identifies underlying line 24 substance abuse or mental health needs or other drivers of criminal line 25 activity that can be addr essed through the diversion or deferred line 26 entry of judgment program.
line 27 (4)  If the person has a violent or serious prior criminal record line 28 or has previously been referred to a diversion program and failed line 29 that program.
line 30 (5)  Any r elevant information concerning the efficacy of the line 31 program in r educing the lik elihood of participants committing line 32 future offenses.
line 33 (d)  On r eferral of a case to the pr ogram, a notice shall be line 34 provided to the person alleged to have committed the offense with line 35 both of the following information:
line 36 (1)  The date by whic h the per son must contact the diver sion line 37 program or deferr ed entry of judgment pr ogram in the manner line 38 designated by the supervising agency.
line 39 (2)  A statement of the penalty for the of fense or offenses with line 40 which that person has been charged.
98 AB 1708 — 5 —

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Communication: Assembly Bill 1708 - Bill Text (ITEM 5 ASSEMBLY BILL 1708: Theft) line 1 (e) The prosecuting attorney may enter into a written agreement line 2 with the person to refrain from, or defer, prosecution on the offense line 3 or offenses on the following conditions:
line 4 (1) Completion of the program requirements such as community line 5 service or courses reasonably required by the prosecuting attorney. line 6 (2) Making adequate r estitution or an appr opriate substitute line 7 for restitution to the victim or victims.
line 8 SEC. 5. This act amends the Safe Neighborhoods and Schools line 9 Act, an initiative statute approved by the voters at the November line 10 4, 2014, statewide general election as Pr oposition 47, and shall line 11 become ef fective only when submitted to and appr oved by the line 12 voters. The Secretary of State shall submit Sections 1, 2, and 3 of line 13 this act for appr oval by the voter s at a state wide election in line 14 accordance with Section 9040 of the Elections Code. line 15 SECTION 1. It is the intent of the Le gislature to enact line 16 legislation that would increase accountability for repeat offenders line 17 through participation in rehabilitative services.

O
98 — 6 — AB 1708

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Communication: Assembly Bill 1708 - Bill Text (ITEM 5 ASSEMBLY BILL 1708: Theft)

Legislative Committee – March 30, 2023

Senate Bill 4 - Planning and Zoning: Housing Development: Higher Education Institutions and Religious Institutions
1 Recommendation

Legislative Committee recommend to oppose Senate Bill 4.

Summary

Authored by Senator Scott Wiener (D-11-San Francisco), Senate Bill 4 requires cities and counties to approve, through a streamlined and ministerial process, residential developments that dedicate 75 percent of the residential units to lower income households, 20 percent to moderate income households, and 5 percent may be for staff on property owned by a religious or higher- education institution. Additionally, this bill restricts cities and counties from requiring a conditional use permit, planned unit development permit, or other discretionary local review or approval that would require a California Environmental Quality Act (CEQA) review. Projects under a ministerial review are not subject to an appeals process, public hearing, and CEQA review.

Background

Moreover, the City’s review is to ensure that the use of the project, when considered on the basis of the suitability of the site, is arranged to avoid traffic congestion and ensure the protection of public health, safety, and general welfare. The City’s review is also intended to prevent adverse effects on neighboring property, facilitate the provision of utility services and other public facilities commensurate with anticipated population and dwelling unit densities, promote the City’s historical and natural resources such as oak trees, river areas, and ridgelines, and is in conformity with good zoning practice.

According to a 2020 report by the University of California, Berkeley Terner Center, evaluating a prior version of this bill, the Terner Center identified over 38,000 acres of potentially developable land statewide that are currently zoned for religious use.

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Communication: Sentate Bill 4- Staff Report (ITEM 6 SENATE BILL 4: Planning and Zoning: Housing Development: Higher Education 2 The recommendation to support Senate Bill 4 is consistent with the City of Santa Clarita 2023 Executive and Legislative Platform. Specifically, Component 1 under the “State” section advises that the City Council, “Oppose legislation that would interfere with, limit, or eliminate the decision-making authority of municipalities in the area of local land use.”

Supporters

California Conference of Carpenters (Co-Sponsor)
Inner City Law Center (Co-Sponsor)
Jewish Public Affairs Committee (Co-Sponsor)
Non-profit Housing Association of Northern California (NPH) (Co-Sponsor) Southern California Association of Non-profit Housing (SCANPH) (Co-Sponsor) City and County of San Francisco
City of Santa Monica

Opponents

California Association of Realtors
California Contract Cities Association
California Labor Federation, AFL-CIO
Catalysts for Local Control
City of Brentwood
State Building and Construction Trades Council of California

Bill Status

Senate Bill 4 passed the Senate Housing Committee (9-1-1) on March 21, 2023, and is pending a hearing in the Senate Governance and Finance Committee.

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Communication: Sentate Bill 4- Staff Report (ITEM 6 SENATE BILL 4: Planning and Zoning: Housing Development: Higher Education AMENDED IN SENATE FEBRUARY 22, 2023
SENATE BILL No. 4
Introduced by Senator Wiener
(Principal coauthor: Assembly Member coauthors: Assembly Members McKinnor and Wicks)
(Coauthors: Senators Eggman and Gonzalez) Becker, Cortese, Eggman, Gonzalez, Menjivar, and Skinner)
(Coauthors: Assembly Members Alvarez, Friedman, Gabriel, McKinnor, Quirk-Silva, and Ward)
December 5, 2022
An act to add Section 65913.16 to the Government Code, relating to housing.
legislative counsel’s digest
SB 4, as amended, Wiener. Planning and zoning: housing
development: higher education institutions and religious institutions.

The Planning and Zoning Law requires each county and city to adopt a comprehensive, long-term general plan for its physical development, and the de velopment of certain lands outside its boundaries, that includes, among other mandatory elements, a housing element. That law allows a de velopment proponent to submit an application for a development that is subject to a specified streamlined, ministerial approval process not subject to a conditional use permit, if the development satisfies certain objective planning standards.

Existing la w, the Zeno vich-Moscone-Chacon Housing and Home Finance Act, establishes the California Tax Credit Allocation Committee within the Department of Housing and Community De velopment.

Existing law requires the committee to allocate state low-income housing tax credits in conformity with state and federal la w that establishes a

98 Packet Pg. 50
Communication: Senate Bill 4 - Bill Text (ITEM 6 SENATE BILL 4: Planning and Zoning: Housing Development: Higher Education Institutions maximum rent that may be char ged to a tenant for a project unit constructed using low-income housing tax credits.

This bill would require that a housing development project be a use by right upon the request of an applicant who submits an application for streamlined appro val, on an y land o wned by an independent institution of higher education or religious institution on or before January 1, 2024, if the development satisfies specified criteria, including that the de velopment is not adjoined to an y site where more than one-third of the square footage on the site is dedicated to industrial use.

The bill would define various terms for these purposes. Among other things, the bill w ould require that 100% of the units, e xclusive of manager units, in a housing development project eligible for approval as a use by right under these provisions be affordable to lower income households, except that 20% of the units may be for moderate-income households, provided that all of the units and 5% of the units may be for staf f of the independent institution of higher education or the religions institution that owns the land, pr ovided that the units affordable to lower income households are provided offered at affordable rent, as set in an amount consistent with the rent limits established by the California Tax Credit Allocation Committee, or affordable housing cost, as specified. The bill would authorize the development to include ancillary uses on the ground floor of the development, as specified.

This bill w ould specify that a housing de velopment project that is eligible for approval as a use by right under the bill is also eligible for a density bonus or other incentives or concessions, except as specified.

The bill w ould require a de velopment subject to these pro visions to provide off-street parking of up to one space per unit, unless a local ordinance provides for a lower standard of parking, in which case the ordinance applies. The bill w ould prohibit a local go vernment from imposing any parking requirement on a de velopment subject to these provisions if the development is located within one-half mile w alking distance of public tr ansit, either a high-quality transit corridor or a major transit stop, as those terms are defined, and or it is within one block of a car share vehicle.

This bill would require a local government that determines a proposed development is in conflict with an y objective planning standards, as specified, to pro vide the de veloper with written documentation explaining those conflicts under a specified timeframe. The bill would require a local government to approve a development provide that the development shall be deemed to satisfy the required objective planning 98 — 2 — SB 4

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Communication: Senate Bill 4 - Bill Text (ITEM 6 SENATE BILL 4: Planning and Zoning: Housing Development: Higher Education Institutions standards if the local go vernment f ails to pro vide the requisite documentation e xplaining an y conflicts. The bill w ould authorize a local government to conduct a design review, as described, only if the design review focuses on compliance with the requisite criteria of a streamlined, ministerial review process. The bill would prohibit a local government from using a design review, as specified, from inhibiting, chilling, or precluding a streamlined, ministerial appro val. The bill would require a local go vernment to issue a subsequent permit for developments approved under the provisions of this act.

This bill, by requiring approval of certain development projects as a use by right, w ould expand the exemption for ministerial appro val of projects under CEQA.

By adding to the duties of local planning officials with respect to approving certain de velopment projects, this bill w ould impose a state-mandated local program.

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

Statutory provisions establish procedures for making that reimbursement.

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

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

Statutory provisions establish procedures for making that reimbursement.

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

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
98 SB 4 — 3 —

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Communication: Senate Bill 4 - Bill Text (ITEM 6 SENATE BILL 4: Planning and Zoning: Housing Development: Higher Education Institutions The people of the State of California do enact as follows:
line 1 SECTION 1. Section 65913.16 is added to the Government line 2 Code, to read:
line 3 65913.16. (a)  For purposes of this section:
line 4 (1)  “Applicant” means a qualified de veloper who submits an line 5 application for streamlined approval pursuant to this section. line 6 (2)  “Development proponent” means a developer that submits line 7 a housing development project application to a local government line 8 under the streamlined, ministerial review process pursuant to this line 9 chapter.
line 10 (3)  “Health care expenditures” include contributions pursuant line 11 to Section 501(c) or (d) or 401(a) of the Internal Re venue Code line 12 and payments towar d “medical car e” as defined in Section line 13 213(d)(1) of the Internal Revenue Code.
line 14 (4)  “Housing development project” has the same meaning as line 15 defined in Section 65589.5.
line 16 (2)
line 17 (5)  “Independent institution of higher education” has the same line 18 meaning as defined in Section 66010 of the Education Code. line 19 (6)  “Industrial use” means utilities, manufacturing , line 20 transportation storage and maintenance facilities, and warehousing line 21 facilities. “Industrial use” does not include power substations or line 22 utility con veyance suc h as power lines, br oadband wir es, and line 23 pipes.
line 24 (3)
line 25 (7)  “Local government” means a city, including a charter city, line 26 county, including a c harter county, or city and county , whether line 27 general law or chartered. including a charter city and county. line 28 (4)
line 29 (8)  “Qualified developer” means any of the following:
line 30 (A)  A local public entity , as defined in Section 50079 of the line 31 Health and Safety Code.
line 32 (B)  (i)  A developer that is a nonprofit corporation, a limited line 33 partnership in which the managing general partner is a nonprofit line 34 corporation, or a limited liability company in which the managing line 35 member is a nonprofit corporation.
line 36 (ii)  The developer, at the time of submission of an application line 37 for development pursuant to this section, owns property or manages line 38 housing units located on property that is e xempt from taxation 98 — 4 — SB 4

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Communication: Senate Bill 4 - Bill Text (ITEM 6 SENATE BILL 4: Planning and Zoning: Housing Development: Higher Education Institutions line 1 pursuant to the welf are exemption established in subdi vision (a) line 2 of Section 214 of the Revenue and Taxation Code. line 3 (C)  A developer that contracts with a nonprofit corporation that line 4 has recei ved a welf are e xemption under Section 214.15 of the line 5 Revenue and Taxation Code for properties intended to be sold to line 6 low-income families with financing in the form of zero interest line 7 rate loans.
line 8 (5)
line 9 (9)  “Religious institution” means an institution o wned, line 10 controlled, and operated and maintained by a bona fide church, line 11 religious denomination, or religious or ganization composed of line 12 multidenominational members of the same well-recognized line 13 religion, lawfully operating as a nonprofit religious corporation line 14 pursuant to Part 4 (commencing with Section 9110) of Division 2 line 15 of Title 1 of the Corporations Code.
line 16 (6)  “Use by right” means that the local government’s review of line 17 the de velopment project under this section may not require a line 18 conditional use permit, planned unit development permit, or other line 19 discretionary local go vernment re view or appro val that w ould line 20 constitute a “project” for purposes of Di vision 13 (commencing line 21 with Section 21000) of the Public Resources Code. Any subdivision line 22 of the sites shall be subject to all la ws, including, but not limited line 23 to, the local government ordinance implementing the Subdivision line 24 Map Act (Division 2 (commencing with Section 66410)). line 25 (10)  “Use by right” means a development project that satisfies line 26 both of the following conditions:
line 27 (A)  The development project does not require a conditional use line 28 permit, planned unit de velopment permit, or other discr etionary line 29 local government review.
line 30 (B)  The development project is not a “project” for purposes of line 31 Division 13 (commencing with Section 21000) of the Public line 32 Resources Code.
line 33 (b)  Notwithstanding an y inconsistent pro vision of a local line 34 government’s general plan, specific plan, zoning ordinance, or line 35 regulation, upon the request of an applicant, a housing development line 36 project shall be a use by right, if all of the follo wing criteria are line 37 satisfied:
line 38 (1)  The development is located on land o wned on or before line 39 January 1, 2024, by an independent institution of higher education line 40 or a religious institution, including ownership through an affiliated 98 SB 4 — 5 —

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Communication: Senate Bill 4 - Bill Text (ITEM 6 SENATE BILL 4: Planning and Zoning: Housing Development: Higher Education Institutions line 1 nonprofit public benefit corporation or ganized pursuant to the line 2 Nonprofit Corporation La w (P art 2 (commencing with Section line 3 5110) of Division 2 of Title 1 of the Corporations Code). line 4 (2)  The development is located on a parcel that satisfies the line 5 requirements specified in subparagraphs (A) and (B) of paragraph line 6 (2) of subdivision (a) of Section 65913.4.
line 7 (3)  The development is located on a parcel that satisfies the line 8 requirements specified in subparagraphs (B) to (K), inclusi ve, of line 9 paragraph (6) of subdivision (a) of Section 65913.4. line 10 (4)  The development is located on a parcel that satisfies the line 11 requirements specified in paragraph (7) of subdi vision (a) of line 12 Section 65913.4.
line 13 (5)  The development is not adjoined to an y site where more line 14 than one-third of the square footage on the site is dedicated to line 15 industrial use. For purposes of this subdivision, parcels separated line 16 by only a street or highway shall be considered to be adjoined. line 17 (6)  The de velopment project is located on a site that is line 18 one-quarter acre in size or greater.
line 19 (7)  One hundred percent of the development project’s total units, line 20 exclusive of a manager’ s unit or units, are for lo wer income line 21 households, as defined by Section 50079.5 of the Health and Safety line 22 Code, e xcept that up to 20 percent of the total units in the line 23 development may be for moderate-income households, as defined line 24 in Section 50053 of the Health and Safety Code. Code , and 5 line 25 percent of the units may be for staff of the independent institution line 26 of higher education or r eligious institution that owns the land. line 27 Units in the de velopment shall be of fered at af fordable housing line 28 cost, as defined in Section 50052.5 of the Health and Safety Code, line 29 or at affordable rent, as set in an amount consistent with the rent line 30 limits established by the California Tax Credit Allocation line 31 Committee. The rent or sales price for a moderate-income unit line 32 shall also be at least 20 percent below the market rate be affordable line 33 and shall not exceed 30 percent of income for a moderate-income line 34 household or homeb uyer for a unit of similar size and bedroom line 35 count in the same ZIP Code in the city, county, or city and county line 36 in which the housing development is located. The applicant shall line 37 provide the city , county , or city and county with e vidence to line 38 establish that the units meet the requirements of this paragraph. line 39 All units, exclusive of any manager unit or units, shall be subject 98 — 6 — SB 4

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Communication: Senate Bill 4 - Bill Text (ITEM 6 SENATE BILL 4: Planning and Zoning: Housing Development: Higher Education Institutions line 1 to a recorded deed restriction as provided in this paragraph for at line 2 least the following periods of time:
line 3 (A)  Fifty-five years for units that are rented. However, the local line 4 government may require that the rental units in the housing line 5 development project be restricted to lo wer income and line 6 moderate-income households for a longer period of time if that line 7 restriction is consistent with all applicable regulatory requirements line 8 for state assistance.
line 9 (B)  Forty-five years for units that are owner occupied. However, line 10 the local go vernment may require that o wner-occupied units in line 11 the housing development project be restricted to lower income and line 12 moderate-income households for a longer period of time if that line 13 restriction is consistent with all applicable regulatory requirements line 14 for state assistance.
line 15 (8)  The de velopment project complies with all objecti ve line 16 development standards of the city or county that are not in conflict line 17 with this section.
line 18 (9)  If the housing development project requires the demolition line 19 of existing residential dwelling units, the applicant shall comply line 20 with subdivision (d) of Section 66300, as that section read as of line 21 January 1, 2024.
line 22 (10)  The applicant certifies to the local government that either line 23 of the follo wing is true for the housing de velopment project, as line 24 applicable:
line 25 (A)  The entirety of the de velopment project is a public w ork line 26 for purposes of Chapter 1 (commencing with Section 1720) of Part line 27 7 of Division 2 of the Labor Code.
line 28 (B)  A development that contains more than 10 units and is not line 29 in its entirety a public work for purposes of Chapter 1 (commencing line 30 with Section 1720) of Part 7 of Division 2 of the Labor Code and line 31 approved by a local government pursuant to Article 2 (commencing line 32 with Section 65912.110) of, or Article 3 (commencing with Section line 33 65912.120) of, Chapter 4.1 shall be subject to all of the following:
line 34 (i)  All construction workers employed in the e xecution of the line 35 development shall be paid at least the general pre vailing rate of line 36 per diem w ages for the type of w ork and geographic area, as line 37 determined by the Director of Industrial Relations pursuant to line 38 Sections 1773 and 1773.9 of the Labor Code, e xcept that line 39 apprentices registered in programs pro vided by the Chief of the 98 SB 4 — 7 —

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Communication: Senate Bill 4 - Bill Text (ITEM 6 SENATE BILL 4: Planning and Zoning: Housing Development: Higher Education Institutions line 1 Division of Apprenticeship Standards may be paid at least the line 2 applicable apprentice prevailing rate.
line 3 (ii)  The development proponent shall ensure that the prevailing line 4 wage requirement is included in all contracts for the performance line 5 of the work for those portions of the de velopment that are not a line 6 public work.
line 7 (iii)  All contractors and subcontractors for those portions of the line 8 development that are not a public work shall comply with both of line 9 the following:
line 10 (I)  Pay to all construction w orkers employed in the e xecution line 11 of the work at least the general prevailing rate of per diem wages, line 12 except that apprentices registered in the programs approved by the line 13 Chief of the Division of Apprenticeship Standards may be paid at line 14 least the applicable apprentice prevailing rate. line 15 (II)  Maintain and v erify payroll records pursuant to Section line 16 1776 of the Labor Code and mak e those records a vailable for line 17 inspection and cop ying as pro vided in that section. This line 18 subparagraph subclause does not apply if all contractors and line 19 subcontractors performing work on the de velopment are subject line 20 to a project labor agreement that requires the payment of prevailing line 21 wages to all construction w orkers employed in the e xecution of line 22 the development and provides for enforcement of that oblig ation line 23 through an arbitration procedure. F or purposes of this line 24 subparagraph, subclause, “project labor agreement” has the same line 25 meaning as set forth in paragraph (1) of subdivision (b) of Section line 26 2500 of the Public Contract Code.
line 27 (c)  (1)  The obligation of the contractors and subcontractors to line 28 pay prevailing wages pursuant to this section may be enforced by line 29 any of the following:
line 30 (A)  The Labor Commissioner, through the issuance of a ci vil line 31 wage and penalty assessment pursuant to Section 1741 of the Labor line 32 Code, that may be reviewed pursuant to Section 1742 of the Labor line 33 Code, within 18 months after the completion of the development. line 34 (B)  An underpaid worker through an administrative complaint line 35 or civil action.
line 36 (C)  A joint labor-management committee through a civil action line 37 pursuant to Section 1771.2 of the Labor Code.
line 38 (2)  If a civil wage and penalty assessment is issued pursuant to line 39 this section, the contractor, subcontractor, and surety on a bond or line 40 bonds issued to secure the payment of w ages co vered by the 98 — 8 — SB 4

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Communication: Senate Bill 4 - Bill Text (ITEM 6 SENATE BILL 4: Planning and Zoning: Housing Development: Higher Education Institutions line 1 assessment shall be liable for liquidated damages pursuant to line 2 Section 1742.1 of the Labor Code.
line 3 (3)  This subdi vision does not apply if all contractors and line 4 subcontractors performing work on the de velopment are subject line 5 to a project labor agreement that requires the payment of prevailing line 6 wages to all construction w orkers employed in the e xecution of line 7 the development and provides for enforcement of that oblig ation line 8 through an arbitration procedure. For purposes of this subdivision, line 9 “project labor agreement” has the same meaning as set forth in line 10 paragraph (1) of subdi vision (b) of Section 2500 of the Public line 11 Contract Code.
line 12 (d)  Notwithstanding subdivision (c) of Section 1773.1 of the line 13 Labor Code, the requirement that employer payments not reduce line 14 the obligation to pay the hourly straight time or o vertime wages line 15 found to be pre vailing does not apply to those portions of a line 16 development that are not a public work if otherwise provided in a line 17 bona fide collective bargaining agreement covering the worker. line 18 (e)  The requirement of this section to pay at least the general line 19 prevailing rate of per diem w ages does not preclude use of an line 20 alternative workweek schedule adopted pursuant to Section 511 line 21 or 514 of the Labor Code.
line 22 (f)  In addition to the requirements of Section 65912.130, a line 23 development of 50 or more housing units appro ved by a local line 24 government pursuant to Article 2 (commencing with Section line 25 65912.110) of, or Article 3 (commencing with Section 65912.120) line 26 of, Chapter 4.1 shall meet all of the following labor standards:
line 27 (1)  The development proponent shall require in contracts with line 28 construction contractors and shall certify to the local government line 29 that each contractor of any tier who will employ construction craft line 30 employees or will let each subcontracts for at least 1,000 hours line 31 shall satisfy the requirements in paragraphs (2) and (3). A line 32 construction contractor is deemed in compliance with paragraphs line 33 (2) and (3) if it is signatory to a v alid collecti ve bar gaining line 34 agreement that requires use of re gistered apprentices and line 35 expenditures on health care for employees and dependents. line 36 (2)  A contractor with construction craft employees shall either line 37 participate in an apprenticeship program approved by the Division line 38 of Apprenticeship Standards pursuant to Section 3075 of the Labor line 39 Code, or request the dispatch of apprentices from a state-approved line 40 apprenticeship program under the terms and conditions set forth 98 SB 4 — 9 —

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Communication: Senate Bill 4 - Bill Text (ITEM 6 SENATE BILL 4: Planning and Zoning: Housing Development: Higher Education Institutions line 1 in Section 1777.5 of the Labor Code. A contractor without line 2 construction craft employees shall show a contractual obligation line 3 that its subcontractors comply with this subdivision. line 4 (3)  Each contractor with construction craft emplo yees shall line 5 make health care e xpenditures for each emplo yee in an amount line 6 per hour w orked on the de velopment equivalent to at least the line 7 hourly pro rata cost of a Co vered California Platinum-level plan line 8 for two adults 40 years of age and tw o dependents 0 to 14 years line 9 of age for the Co vered California rating area in which the line 10 development is located. A contractor without construction craft line 11 employees shall sho w a contractual oblig ation that its line 12 subcontractors comply with this subdivision. paragraph. Qualifying line 13 expenditures shall be credited toward compliance with prevailing line 14 wage payment requirements set forth in Section 65912.130. line 15 (4)  (A)  The development proponent shall provide to the local line 16 government, on a monthly basis while its construction contracts line 17 on the development are being performed, a report demonstrating line 18 compliance with paragraphs (2) and (3). The report shall be line 19 considered public records under the California Public Records Act line 20 (Division 10 (commending with Section 7920.000) of Title 1), and line 21 shall be open to public inspection.
line 22 (B)  A development proponent that fails to provide the monthly line 23 report shall be subject to a civil penalty for each month for which line 24 the report has not been pro vided, in the amount of 10 percent of line 25 the dollar value of construction work performed by that contractor line 26 on the development in the month in question, up to a maximum line 27 of ten thousand dollars ($10,000). Any contractor or subcontractor line 28 that fails to comply with paragraph (2) or (3) shall be subject to a line 29 civil penalty of two hundred dollars ($200) per day for each worker line 30 employed in contravention of paragraph (2) or (3). line 31 (C)  Penalties may be assessed by the Labor Commissioner line 32 within 18 months of completion of the de velopment using the line 33 procedures for issuance of ci vil w age and penalty assessments line 34 specified in Section 1741 of the Labor Code, and may be reviewed line 35 pursuant to Section 1742 of the Labor Code. Penalties shall be line 36 deposited in the State Public Works Enforcement Fund established line 37 pursuant to Section 1771.3 of the Labor Code.
line 38 (5)  Each construction contractor shall maintain and v erify line 39 payroll records pursuant to Section 1776 of the Labor Code. Each line 40 construction contractor shall submit payroll records directly to the 98 — 10 — SB 4

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Communication: Senate Bill 4 - Bill Text (ITEM 6 SENATE BILL 4: Planning and Zoning: Housing Development: Higher Education Institutions line 1 Labor Commissioner at least monthly in a format prescribed by line 2 the Labor Commissioner in accordance with subparagraph (A) of line 3 paragraph (3) of subdi vision (a) of Section 1771.4 of the Labor line 4 Code. The records shall include a statement of fringe benefits. line 5 Upon request by a joint labor-management cooperation committee line 6 established pursuant to the federal Labor Management Cooperation line 7 Act of 1978 (29 U.S.C. Sec. 175a), the records shall be pro vided line 8 pursuant to subdivision (e) of Section 1776 of the Labor Code. line 9 (6)  All construction contractors shall report an y change in line 10 apprenticeship program participation or health care e xpenditures line 11 to the local government within 10 business days, and shall reflect line 12 those changes on the monthly report. The reports shall be line 13 considered public records pursuant to the California Public Records line 14 Act (Division 10 (commencing with Section 7920.000 of Title 1)) line 15 and shall be open to public inspection.
line 16 (7)  A joint labor-management cooperation committee established line 17 pursuant to the federal Labor Management Cooperation Act of line 18 1978 (29 U.S.C. Sec. 175a) shall ha ve standing to sue a line 19 construction contractor for failure to make health care expenditures line 20 pursuant to subdi vision (c) par agraph (3) in accordance with line 21 Section 218.7 or 218.8 of the Labor Code.
line 22 (g)  Notwithstanding an y other pro vision of this section, a line 23 development project that is eligible for approval as a use by right line 24 pursuant to this section may include the following ancillary uses, line 25 provided that those uses are limited to the ground floor of the line 26 development:
line 27 (1)  In a single-f amily residential zone, ancillary uses shall be line 28 limited to uses that provide direct services to the residents of the line 29 development and have a community benefit, including childcare line 30 centers and community centers.
line 31 (2)  In all other zones, the development may include commercial line 32 uses that are permitted without a conditional use permit or planned line 33 unit development permit.
line 34 (h)  Notwithstanding any other pr ovision of this section, a line 35 development project that is eligible for approval as a use by right line 36 pursuant to this section may include any r eligious institutional line 37 use, or any use that was previously existing and legally permitted line 38 by the city or county on the site, if all of the following criteria are line 39 met:
98 SB 4 — 11 —

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Communication: Senate Bill 4 - Bill Text (ITEM 6 SENATE BILL 4: Planning and Zoning: Housing Development: Higher Education Institutions line 1 (1)  The total square footage of nonresidential space on the site line 2 does not exceed the amount previously existing or permitted in a line 3 conditional use permit.
line 4 (2)  The total parking requirement for nonresidential space on line 5 the site does not exceed the lesser of the amount existing or of the line 6 amount required by a conditional use permit.
line 7 (3)  The new uses abide by the same oper ational conditions as line 8 contained in the pervious conditional use permit. line 9 (h)
line 10 (i)  A housing de velopment project that qualifies as a use by line 11 right pursuant to subdi vision (b) shall be allo wed the follo wing line 12 density, as applicable:
line 13 (1)  (A)  If the de velopment project is located in a zone that line 14 allows residential uses, the development project shall be allowed line 15 a density of the applicable density deemed appropriate to line 16 accommodate housing for lower income households identified in line 17 subparagraph (B) of paragraph (3) of subdi vision (c) of Section line 18 65583.2.
line 19 (B)  If the local government allows for greater residential density line 20 on that parcel, or greater residential density or building heights on line 21 an adjacent parcel, than permitted in subparagraph (A), the greater line 22 density or building height shall apply.
line 23 (C)  A housing development project that is located in a zone that line 24 allows residential uses shall be eligible for a density bonus or other line 25 incentives or concession pursuant to Section 65915. line 26 (2)  (A)  If the development project is located in a zone that does line 27 not allow residential uses, the development project shall be allowed line 28 a density of 40 units per acre and a height of one story abo ve the line 29 maximum height otherwise applicable to the parcel. line 30 (B)  If the local government allows for greater residential density line 31 or b uilding heights on that parcel, or an adjacent parcel, than line 32 permitted in subparagraph (A), the greater density or b uilding line 33 height shall apply . A de velopment project shall not use an line 34 incentive, w aiver, or concession to increase the height of the line 35 development to greater than the height authorized under this line 36 subparagraph.
line 37 (C)  Except as pro vided in subparagraph (B) a housing line 38 development project that is located in a zone that does not allo w line 39 residential uses shall be eligible for a density bonus or other line 40 incentives or concession pursuant to Section 65915. 98 — 12 — SB 4

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Communication: Senate Bill 4 - Bill Text (ITEM 6 SENATE BILL 4: Planning and Zoning: Housing Development: Higher Education Institutions line 1 (i)
line 2 (j)  (1)  Except as pro vided in paragraph (2), the proposed line 3 development shall pro vide off-street parking of up to one space line 4 per unit, unless a local ordinance provides for a lower standard of line 5 parking, in which case the ordinance shall apply. line 6 (2)  A local government shall not impose a parking requirement line 7 if either of the following is true:
line 8 (A)  The parcel is located within one-half mile walking distance line 9 of public transit, either a high-quality transit corridor or a major line 10 transit stop as defined in subdivision (b) of Section 21155 of the line 11 Public Resources Code or a major transit stop as defined in Section line 12 21064.3 of the Public Resources Code.
line 13 (B)  There is a car share vehicle located within one block of the line 14 parcel.
line 15 (j)
line 16 (k)  (1)  If the local go vernment determines that the proposed line 17 development is in conflict with an y of the objecti ve planning line 18 standards specified in this section, it shall provide the development line 19 proponent written documentation of which standard or standards line 20 the development conflicts with, and an explanation for the reason line 21 or reasons the de velopment conflicts with that standard or line 22 standards, within the following timeframes:
line 23 (A)  Within 60 days of submittal of the de velopment proposal line 24 to the local government if the development contains 150 or fewer line 25 housing units.
line 26 (B)  Within 90 days of submittal of the de velopment proposal line 27 to the local go vernment if the de velopment contains more than line 28 150 housing units.
line 29 (2)  If the local go vernment f ails to pro vide the required line 30 documentation pursuant to paragraph (1), the de velopment shall line 31 be deemed to satisfy the required objective planning standards. line 32 (3)  For purposes of this section, a de velopment is consistent line 33 with the objecti ve planning standards if there is substantial line 34 evidence that w ould allow a reasonable person to conclude that line 35 the development is consistent with the objective planning standards. line 36 (4)  The determination of whether a proposed project submitted line 37 pursuant to this section is or is not in conflict with the objecti ve line 38 planning standards is not a “project” as defined in Section 21065 line 39 of the Public Resources Code.
98 SB 4 — 13 —

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Communication: Senate Bill 4 - Bill Text (ITEM 6 SENATE BILL 4: Planning and Zoning: Housing Development: Higher Education Institutions line 1 (5)  Design review of the development may be conducted by the line 2 local government’s planning commission or any equivalent board line 3 or commission responsible for review and approval of development line 4 projects, or the city council or board of supervisors, as appropriate. line 5 That design review shall be objecti ve and be strictly focused on line 6 assessing compliance with criteria required for streamlined, line 7 ministerial review of projects, as well as any reasonable objective line 8 design standards published and adopted by ordinance or resolution line 9 by a local jurisdiction before submittal of the development to the line 10 local government, and shall be broadly applicable to developments line 11 within the jurisdiction. That design review shall be completed as line 12 follows and shall not in an y way inhibit, chill, or preclude the line 13 ministerial appro val pro vided by this section or its ef fect, as line 14 applicable:
line 15 (A)  Within 90 days of submittal of the de velopment proposal line 16 to the local government pursuant to this section if the development line 17 contains 150 or fewer housing units.
line 18 (B)  Within 180 days of submittal of the development proposal line 19 to the local government pursuant to this section if the development line 20 contains more than 150 housing units.
line 21 (6)  The local government shall ensure that the project satisfies line 22 the requirements specified in subdi vision (d) of Section 66300, line 23 regardless of whether the development is within or not within an line 24 affected city or within or not within an affected county. line 25 (7)  If the de velopment is consistent with all objecti ve line 26 subdivision standards in the local subdi vision ordinance, an line 27 application for a subdivision pursuant to the Subdivision Map Act line 28 (Division 2 (commencing with Section 66410)) shall be e xempt line 29 from the requirements of the California En vironmental Quality line 30 Act (Division 13 (commencing with Section 21000) of the Public line 31 Resources Code).
line 32 (8)  A local government’s approval of a de velopment pursuant line 33 to this section shall, notwithstanding any other law, be subject to line 34 the expiration timeframes specified in subdi vision (f) of Section line 35 65913.4.
line 36 (9)  Any proposed modifications to a de velopment project line 37 approved pursuant to this section shall be undertaken pursuant to line 38 subdivision (g) of Section 65913.4.
line 39 (10)  A local go vernment shall not adopt or impose an y line 40 requirement, including, b ut not limited to, increased fees or 98 — 14 — SB 4

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Communication: Senate Bill 4 - Bill Text (ITEM 6 SENATE BILL 4: Planning and Zoning: Housing Development: Higher Education Institutions line 1 inclusionary housing requirements, that applies to a project solely line 2 or partially on the basis that the project is eligible to recei ve line 3 streamlined, ministerial review pursuant to this section. line 4 (11) A local government shall issue a subsequent permit required line 5 for a de velopment appro ved under this section pursuant to line 6 paragraph (2) of subdivision (h) of Section 65913.4. line 7 (12) A public impro vement that is necessary to implement a line 8 development that is appro ved pursuant to this section shall be line 9 undertaken pursuant to paragraph (3) of subdivision (h) of Section line 10 65913.4.
line 11 (k)
line 12 (l) The Legislature finds and declares that ensuring residential line 13 development at greater density on land o wned by independent line 14 institutions of higher education and religious institutions is a matter line 15 of statewide concern and is not a municipal af fair as that term is line 16 used in Section 5 of Article XI of the California Constitution. line 17 Therefore, this section applies to all cities, including charter cities. line 18 (m) The pr ovisions of par agraph (3) of subdivision (f) line 19 concerning health car e expenditures are distinct and se verable line 20 from the remaining provisions of this section. However, all other line 21 provisions of subdivision (f) are material and integral parts of this line 22 section and are not severable. If any provision of subdivision (f), line 23 exclusive of those included in par agraph (3), is held in valid, the line 24 entire section shall be invalid and shall not be given effect. line 25 SEC. 2. No reimbursement is required by this act pursuant to line 26 Section 6 of Article XIIIB of the California Constitution because line 27 a local agency or school district has the authority to le vy service line 28 charges, fees, or assessments sufficient to pay for the program or line 29 level of service mandated by this act, within the meaning of Section line 30 17556 of the Government Code.

O
98 SB 4 — 15 —

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Communication: Senate Bill 4 - Bill Text (ITEM 6 SENATE BILL 4: Planning and Zoning: Housing Development: Higher Education Institutions

Legislative Committee – March 30, 2023

Senate Bill 44 - Controlled Substances
1 Recommendation

Legislative Committee recommend support of Senate Bill 44.

Summary

Authored by Senator Tom Umberg (D-34-Orange County), Senate Bill 44 requires a person who is convicted of, or who pleads guilty or no contest to, the possession or purchase for the purpose of selling or administering various controlled substances, including fentanyl, to receive a written advisory of the danger of manufacturing or distribution of controlled substances and that, if a person dies as a result of that action, the manufacturer or distributor can be charged with voluntary manslaughter or murder.

Background

In 2022, the Los Angeles County Sheriff’s Department reported thirty-two overdoses in the Santa Clarita Valley as a result of fentanyl.

The Santa Clarita City Council supported a similar bill, Senate Bill 13 (Ochoa Bogh), at the March 14, 2023, regular City Council meeting.

The recommendation to support Senate Bill 44 is consistent with the City of Santa Clarita 2023 Executive and Legislative Platform. Specifically, Component 2 under the “State” section advises that the City Council, “Support legislative efforts to address the negative impacts of AB 109, Proposition 47, and Proposition 57 on local governments and provide local law enforcement with the appropriate tools to reduce criminal activity.”

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Communication: Senate Bill 44 - Staff Report (ITEM 7 SENATE BILL 44: Controlled Substances) 2 Supporters

Unknown at this time.

Opponents

Unknown at this time.

Bill Status

Senate Bill 44 is scheduled to be heard in the Senate Public Safety Committee on March 28, 2023.

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Communication: Senate Bill 44 - Staff Report (ITEM 7 SENATE BILL 44: Controlled Substances) AMENDED IN SENATE MARCH 8, 2023
SENATE BILL No. 44
Introduced by Senator Senators Umberg and Ochoa Bogh
(Principal coauthors: Senators Caballero, Portantino, Roth, and Stern)
(Coauthors: Senators Alvarado-Gil, Archuleta, Becker, Blakespear, Dodd, Glazer, Grove, Jones, Min, Newman, Niello, Nguyen, Seyarto, and Wilk)
(Coauthors: Assembly Members Alanis, Bennett, Chen, Davies, Dixon, Essayli, Gallagher, Grayson, Lackey, Low, Mathis, Stephanie Nguyen, Joe Patterson, Petrie-Norris, Quirk-Silva, Rodriguez, Blanca Rubio, Sanchez, Ta, Villapudua, Weber, and Wood)
December 5, 2022
An act to add Section 11369 to the Health and Safety Code, relating to controlled substances.
legislative counsel’s digest
SB 44, as amended, Umberg. Controlled substances.

Existing law makes it a crime to possess for sale or purchase for purpose of sale, transport, import, sell, furnish, administer, give away, manufacture, compound, convert, produce, derive, process, or prepare various controlled substances, including, among others, fentanyl, peyote, and various other opiates and narcotics.

This bill bill, Alexandra’s Law, would require the court to advise a person who is convicted of, or who pleads guilty or no contest to, the above crimes to receive a written advisory crimes, as specified, of the danger of manufacturing or distribution of controlled substances selling or administering illicit drugs and counterfeit pills and that, if a person dies as a result of that action, the manufacturer or distributor defendant

98 Packet Pg. 67
Communication: Senate Bill 44 - Bill Text (ITEM 7 SENATE BILL 44: Controlled Substances) can be charged with voluntary manslaughter or murder. homicide. The bill would require the court to read the advisory statement in a case in which the defendant e xchanged a contr olled substance containing fentanyl or its analogs for anything else of value, as specified. The bill would require the advisory statement to be included in a plea form, if used, and specified on the r ecord. The bill would require that the fact the advisory was given be on the record and recorded on in the abstract of conviction. conviction and would prohibit the advisement from being used as evidence in the prosecution of a minor in juvenile court.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 11369 is added to the Health and Safety line 2 Code, to read:
line 3 11369. (a) This section shall be known, and may be cited, as line 4 Alexandra’s Law.
line 5 (b) The court shall advise a person who is convicted of, or who line 6 pleads guilty or no contest to, a violation of Section 11351, 11352, line 7 11352 for tr ansporting, importing , selling , or administering a line 8 controlled substance , of fering to tr ansport, import, sell, or line 9 administer a contr olled substance , or attempting to tr ansport, line 10 import, sell, or administer a contr olled substance , or 11379.6 line 11 11379.6, where the substance contained fentanyl or a fentanyl line 12 analog, of the following:
line 13
line 14 “You are hereby advised that the illicit manuf acture or line 15 distribution of controlled substances, either real or counterfeit, line 16 inflicts a grave health risk to those who ingest or are e xposed to line 17 them. It is extremely dangerous to human life to manuf acture or line 18 distribute real or counterfeit controlled substances. If you do so, line 19 and a person dies as a result of that action, you can be char ged line 20 with voluntary manslaughter or murder.”
line 21
line 22
line 23 “You are hereby advised that all illicit drugs and counterfeit line 24 pills are dangerous to human life and become even deadlier when line 25 they are, sometimes unknowingly, mixed with substances such as line 26 fentanyl and analogs of fentanyl. People can and have died from 98 — 2 — SB 44

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Communication: Senate Bill 44 - Bill Text (ITEM 7 SENATE BILL 44: Controlled Substances) line 1 these substances, e ven in very small doses. It is e xtremely line 2 dangerous and deadly to human life to sell or administer drugs, line 3 in any form, when not lawfully authorized to do so. If you do so line 4 in the future and a person dies as a result of that action, you may line 5 be charged with homicide, up to and including the crime of murder, line 6 within the meaning of Section 187 of the Penal Code.” line 7
line 8 The court shall additionally r ead the advisory statement in a line 9 case in whic h the per son e xchanged a contr olled substance line 10 containing fentanyl or its analogs for anything else of value except line 11 when the controlled substance containing fentanyl or its analogs line 12 is exchanged for a controlled substance or alcohol. line 13 (c)  The advisory statement shall be provided to the defendant line 14 in writing, either on the plea form or after sentencing, and included line 15 in a plea form, if used, or the fact that the advisory was given shall line 16 be specified on the record and recorded in the abstract of the line 17 conviction. record.
line 18 (d)  The fact that the advisory was given shall be r ecorded in line 19 the abstract of the conviction.
line 20 (e)  This advisement may not be used as e vidence in the line 21 prosecution of a minor in juvenile court.

O
98 SB 44 — 3 —

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Communication: Senate Bill 44 - Bill Text (ITEM 7 SENATE BILL 44: Controlled Substances)

Legislative Committee – March 30, 2023

Senate Bill 423 - Land Use: Streamlined Housing Approvals: Multifamily Housing Developments
1 Recommendation

Legislative Committee recommend to oppose Senate Bill 423.

Summary

Authored by Senator Scott Wiener (D-11-San Francisco), Senate Bill 423 removes the sunset clause of January 1, 2026, included in Senate Bill 35 (Chapter 368, Statutes of 2017), which requires cities and counties to approve specified residential developments through a streamlined and ministerial process, restricting cities and counties from requiring a conditional use permit, planned unit development permit, or other discretionary local review or approval that would require a California Environmental Quality Act (CEQA) review. Projects under a ministerial review are not subject to an appeals process, public hearing, and CEQA review.

Background

Senate Bill 35 (Chapter 368, Statutes of 2017), until January 1, 2026, requires cities and counties to approve multifamily residential developments through a streamlined and ministerial process if the jurisdiction, in which the project is located, did not submit its latest housing production report to the California Department of Housing and Community Development (HCD) or if there were fewer housing units of above moderate-income or lower-income households approved than required for the regional housing needs assessment (RHNA) cycle for that year. The bill allows local governments to only review a project application based on objective planning standards.

If fewer housing units of above moderate-income are approved than required, the project must dedicate a minimum of 10 percent of the total number of housing units to households making below 80 percent of the area median income.

If fewer housing units of lower-income are approved than required, the project must dedicate a minimum of 50 percent of the total number of housing units to households making below 80 percent of the area median income.

The U.S. Department of Housing and Urban Development (HUD) sets the area median income.

For a household of four, 80 percent of the 2022 area median income in Los Angeles County is $95,300.

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Communication: Senate Bill 423 - Staff Report (ITEM 8 SENATE BILL 423: Land Use: Streamlined Housing Approvals: Multifamily Housing 2 Moreover, Senate Bill 35 (Chapter 368, Statutes of 2017) requires a local government’s Planning Commission or City Council to respond to a project application seeking a ministerial and streamlined approval in either 60 or 90 days, depending on the size of the project. Additionally, Senate Bill 35 (Chapter 368, Statutes of 2017) does not apply to areas located in a coastal zone, high or very high fire hazard severity zone, farmland, wetland, flood plain, or habitat for protected species.

Senate Bill 423 removes the January 1, 2026, sunset that is included in Senate Bill 35 (Chapter 368, Statutes of 2017) and applies the streamlining and ministerial provisions included in Senate Bill 35 (Chapter 368, Statutes of 2017) to local governments who have failed to adopt a compliant housing element as determined by HCD.

Additionally, Senate Bill 423:

• Designates a local government’s Planning Director as the authorizing body for streamlined and ministerial application reviews and approvals, instead of Planning Commissions or City Councils;

• Allows for projects to be located in the coastal zone, wetland, or protected habitat if authorized by any other state or federal law;

• Provides that “objective design standards” do not include subsequent permits such as local building codes, fire codes, noise ordinances, or other codes that are evaluated with subsequent permitting processes; and

• Authorizes the Department of General Services, at its discretion, to act in the place of a local government, for development on property owned by or leased to the state.

Moreover, the City’s review is to ensure that the use of the project, when considered on the basis of the suitability of the site, is arranged to avoid traffic congestion and ensure the protection of public health, safety, and general welfare. The City’s review is also intended to prevent adverse effects on neighboring property, facilitate the provision of utility services and other public facilities commensurate with anticipated population and dwelling unit densities, promote the City’s historical and natural resources such as oak trees, river areas, and ridgelines, and is in conformity with good zoning practice.

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Communication: Senate Bill 423 - Staff Report (ITEM 8 SENATE BILL 423: Land Use: Streamlined Housing Approvals: Multifamily Housing 3 The recommendation to support Senate Bill 423 is consistent with the City of Santa Clarita 2023 Executive and Legislative Platform. Specifically, Component 1 under the “State” section advises that the City Council, “Oppose legislation that would interfere with, limit, or eliminate the decision-making authority of municipalities in the area of local land use.”

Supporters

California Housing Consortium (Co-Sponsor)
California YIMBY (Co-Sponsor)
Inner City Law Center (Co-Sponsor)
City and County of San Francisco
California Apartment Association
California Home Builders Alliance
Construction Employers' Association
The United Way of Greater Los Angeles

Opponents

California Contract Cities Association
City of Montebello
League of California Cities
Orange County Council of Governments
California Labor Federation, AFL-CIO
California State Association of Electrical Workers
California State Pipe Trades Council
State Building and Construction Trades Council of California

Bill Status

Senate Bill 423 passed the Senate Housing Committee (9-1-1) on March 21, 2023, and is pending a hearing in the Senate Governance and Finance Committee.

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Communication: Senate Bill 423 - Staff Report (ITEM 8 SENATE BILL 423: Land Use: Streamlined Housing Approvals: Multifamily Housing SENATE BILL No. 423
Introduced by Senator Wiener
(Principal coauthor: Assembly Member Wicks)
(Coauthor: Assembly Member Grayson)
February 13, 2023
An act to amend Section 65913.4 of the Government Code, relating to land use.
legislative counsel’s digest
SB 423, as introduced, Wiener. Land use: streamlined housing approvals: multifamily housing developments.

Existing law, the Planning and Zoning Law, authorizes a development proponent to submit an application for a multif amily housing development that is subject to a streamlined, ministerial appro val process, as provided, and not subject to a conditional use permit, if the development satisfies specified objective planning standards, including, among others, that the development proponent has committed to record, prior to the issuance of the first b uilding permit, a land use restriction or covenant providing that any lower or moderate-income housing units required, as specified, remain available at affordable housing costs, as defined, or rent to persons and f amilies of lower or moderate-income for no less than specified periods of time. Existing la w repeals these provisions on January 1, 2026.

This bill would authorize the Department of General Services to act in the place of a locality or local go vernment, at the discretion of that department, for purposes of the ministerial, streamlined re view for development on property owned by or leased to the state. The bill would delete the January 1, 2026, repeal date, thereby making these provisions operative indefinitely.

99 Packet Pg. 73
Communication: Senate Bill 423 - Bill Text (ITEM 8 SENATE BILL 423: Land Use: Streamlined Housing Approvals: Multifamily Housing This bill w ould modify the abo ve-described objecti ve planning standards, including by deleting the standard that prohibits a multifamily housing development from being subject to the streamlined, ministerial approval process if the de velopment is located in a coastal zone, and by providing an alternati ve definition for “af fordable housing costs” for a development that dedicates 100% of units, exclusive of a manager’s unit or units, to lower income households. The bill would, among other modifications, delete the objecti ve planning standards requiring development proponents to pay at least the general pre vailing rate of per diem wages and utilize a skilled and trained workforce and would instead require a de velopment proponent to certify to the local government that certain wage and labor standards will be met, including a requirement that all construction workers be paid at least the general prevailing rate of wages, as specified. The bill would require the Labor Commissioner to enforce the oblig ation to pay pre vailing wages. By expanding the crime of perjury, the bill would impose a state-mandated local program. The bill w ould specify that the requirements to pay prevailing wages, use a w orkforce participating in an apprenticeship, or provide health care expenditures do not apply to a project that consists of 10 or fewer units and is not otherwise a public work.

This bill w ould define “objecti ve planning standards” to e xclude specified standards, including local b uilding codes, fire codes, other codes requiring detailed technical specifications, and standards that are not reasonably ascertainable by the local government within specified time limits, as described.

Existing law requires a local government to approve a development if the local government determines the development is consistent with the objecti ve planning standards. Existing la w requires, if the local government determines a submitted development is in conflict with any of the objecti ve planning standards, the local go vernment to pro vide the development proponent written documentation of the standards the development conflicts with and an e xplanation for the conflict within certain timelines depending on the size of the de velopment. Existing law, the Housing Accountability Act, prohibits a local agenc y from disapproving a housing de velopment project, as described, unless it makes specified written findings.

This bill w ould instead require appro val if a local go vernment’s planning director or an y equivalent local government staff, including all rele vant planning and permitting departments, determines the development is consistent with the objecti ve planning standards. The 99 — 2 — SB 423

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Communication: Senate Bill 423 - Bill Text (ITEM 8 SENATE BILL 423: Land Use: Streamlined Housing Approvals: Multifamily Housing bill would make conforming changes. The bill would prohibit a local government from requiring a de velopment proponent to pro vide consultant studies, as described, or other studies or materials that are unnecessary to ascertain consistenc y with the objecti ve planning standards.

The bill w ould, for purposes of these pro visions, establish that the total number of units in a de velopment includes (1) all projects developed on a site, regardless of when those developments occur, and (2) all projects developed on sites adjacent to a site developed pursuant to these provisions if, after January 1, 2023, the adjacent site had been subdivided from the site developed pursuant to these provisions.

Existing law authorizes the local government’s planning commission or an y equi valent board or commission responsible for re view and approval of development projects, or as otherwise specified, to conduct any design review or public oversight of the development.

This bill would remove the above-described authorization to conduct public oversight of the development and would only authorize design review to be conducted by the local government’s planning commission or any equivalent board or commission responsible for design review.

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

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

Statutory provisions establish procedures for making that reimbursement.

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

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
line 1 SECTION 1. The Legislature finds and declares that it has line 2 provided reforms and incenti ves to f acilitate and e xpedite the line 3 construction of affordable housing. Those reforms and incentives line 4 can be found in the following provisions:
99 SB 423 — 3 —

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Communication: Senate Bill 423 - Bill Text (ITEM 8 SENATE BILL 423: Land Use: Streamlined Housing Approvals: Multifamily Housing line 1 (a)  Housing element la w (Article 10.6 (commencing with line 2 Section 65580) of Chapter 3 of Di vision 1 of Title 7 of the line 3 Government Code).
line 4 (b)  Extension of statute of limitations in actions challenging the line 5 housing element and brought in support of af fordable housing line 6 (subdivision (d) of Section 65009 of the Government Code). line 7 (c)  Restrictions on disappro val of housing de velopments line 8 (Section 65589.5 of the Government Code).
line 9 (d)  Priority for affordable housing in the allocation of water and line 10 sewer hookups (Section 65589.7 of the Government Code). line 11 (e)  Least cost zoning law (Section 65913.1 of the Government line 12 Code).
line 13 (f)  Density Bonus La w (Section 65915 of the Go vernment line 14 Code).
line 15 (g)  Accessory dwelling units (Sections 65852.150 and 65852.2 line 16 of the Government Code).
line 17 (h)  By-right housing, in which certain multif amily housing is line 18 designated a permitted use (Section 65589.4 of the Go vernment line 19 Code).
line 20 (i)  No-net-loss-in zoning density law limiting downzonings and line 21 density reductions (Section 65863 of the Government Code). line 22 (j)  Requiring persons who sue to halt affordable housing to pay line 23 attorney’s fees (Section 65914 of the Go vernment Code) or post line 24 a bond (Section 529.2 of the Code of Civil Procedure). line 25 (k)  Reduced time for action on affordable housing applications line 26 under the appro val of de velopment permits process (Article 5 line 27 (commencing with Section 65950) of Chapter 4.5 of Di vision 1 line 28 of Title 7 of the Government Code).
line 29 (l)  Limiting moratoriums on multifamily housing (Section 65858 line 30 of the Government Code).
line 31 (m)  Prohibiting discrimination ag ainst af fordable housing line 32 (Section 65008 of the Government Code).
line 33 (n)  California F air Emplo yment and Housing Act (P art 2.8 line 34 (commencing with Section 12900) of Division 3 of Title 2 of the line 35 Government Code).
line 36 (o)  Community Redevelopment Law (Part 1 (commencing with line 37 Section 33000) of Division 24 of the Health and Safety Code, and line 38 in particular Sections 33334.2 and 33413 of the Health and Safety line 39 Code).
99 — 4 — SB 423

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Communication: Senate Bill 423 - Bill Text (ITEM 8 SENATE BILL 423: Land Use: Streamlined Housing Approvals: Multifamily Housing line 1 (p)  Streamlining housing approvals during a housing shortage line 2 (Section 65913.4 of the Government Code).
line 3 (q)  Housing sustainability districts (Chapter 11 (commencing line 4 with Section 66200) of Di vision 1 of Title 7 of the Go vernment line 5 Code).
line 6 (r)  Streamlining agricultural emplo yee housing de velopment line 7 approvals (Section 17021.8 of the Health and Safety Code). line 8 (s)  Affordable Housing and High Road Jobs Act of 2022 line 9 (Chapter 4.1 (commencing with Section 65912.100) of Di vision line 10 1 of Title 7 of the Government Code).
line 11 SEC. 2. Section 65913.4 of the Government Code is amended line 12 to read:
line 13 65913.4. (a)  A de velopment proponent may submit an line 14 application for a de velopment that is subject to the streamlined, line 15 ministerial approval process pro vided by subdi vision (c) and is line 16 not subject to a conditional use permit or any other nonlegislative line 17 discretionary appro val if the de velopment complies with line 18 subdivision (b) and satisfies all of the following objective planning line 19 standards:
line 20 (1)  The development is a multifamily housing development that line 21 contains two or more residential units.
line 22 (2)  The development and the site on which it is located satisfy line 23 all of the following:
line 24 (A)  It is a legal parcel or parcels located in a city if, and only line 25 if, the city boundaries include some portion of either an urbanized line 26 area or urban cluster, as designated by the United States Census line 27 Bureau, or , for unincorporated areas, a le gal parcel or parcels line 28 wholly within the boundaries of an urbanized area or urban cluster, line 29 as designated by the United States Census Bureau. line 30 (B)  At least 75 percent of the perimeter of the site adjoins parcels line 31 that are developed with urban uses. For the purposes of this section, line 32 parcels that are only separated by a street or highw ay shall be line 33 considered to be adjoined.
line 34 (C)  (i)  A site that meets the requirements of clause (ii) and line 35 satisfies any of the following:
line 36 (I)  The site is zoned for residential use or residential mixed-use line 37 development.
line 38 (II)  The site has a general plan designation that allows residential line 39 use or a mix of residential and nonresidential uses. 99 SB 423 — 5 —

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Communication: Senate Bill 423 - Bill Text (ITEM 8 SENATE BILL 423: Land Use: Streamlined Housing Approvals: Multifamily Housing line 1 (III)  The site is zoned for office or retail commercial use and line 2 meets the requirements of Section 65852.24.
line 3 (ii)  At least two-thirds of the square footage of the development line 4 is designated for residential use. Additional density, floor area, line 5 and units, and an y other concession, incenti ve, or w aiver of line 6 development standards granted pursuant to the Density Bonus Law line 7 in Section 65915 shall be included in the square footage line 8 calculation. The square footage of the de velopment shall not line 9 include underground space, such as basements or under ground line 10 parking garages.
line 11 (3)  (A)  The development proponent has committed to record, line 12 prior to the issuance of the first b uilding permit, a land use line 13 restriction or co venant pro viding that an y lo wer or moderate line 14 income housing units required pursuant to subparagraph (B) of line 15 paragraph (4) shall remain a vailable at af fordable housing costs line 16 or rent to persons and f amilies of lo wer or moderate income line 17 moderate-income for no less than the following periods of time:
line 18 (i)  Fifty-five years for units that are rented. line 19 (ii)  Forty-five years for units that are owned. line 20 (B)  The city or county shall require the recording of covenants line 21 or restrictions implementing this paragraph for each parcel or unit line 22 of real property included in the development.
line 23 (4)  The development satisfies subparagraphs clause (i) or (ii) line 24 of subparagraph (A) and satisfies subparagraph (B) below:
line 25 (A)  (i)  For a development located in a locality that is in its sixth line 26 or earlier housing element cycle , the de velopment is located in line 27 either of the following:
line 28 (A)  Is located in
line 29 (I)  In a locality that the department has determined is subject line 30 to this subparagraph clause on the basis that the number of units line 31 that have been issued building permits, as shown on the most recent line 32 production report recei ved by the department, is less than the line 33 locality’s share of the regional housing needs, by income category, line 34 for that reporting period. A locality shall remain eligible under line 35 this subparagraph subclause until the department’s determination line 36 for the next reporting period.
line 37 (II)  In a locality that the department has determined is subject line 38 to this clause on the basis that the locality did not adopt a housing line 39 element that has been found in substantial compliance with housing line 40 element law (Article 10.6 (commencing with Section 65580) of 99 — 6 — SB 423

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Communication: Senate Bill 423 - Bill Text (ITEM 8 SENATE BILL 423: Land Use: Streamlined Housing Approvals: Multifamily Housing line 1 Chapter 3) by the department. A locality shall r emain eligible line 2 under this subclause until suc h time as the locality adopts a line 3 housing element that has been found in substantial compliance line 4 with housing element law (Article 10.6 (commencing with Section line 5 65580) of Chapter 3) by the department.
line 6 (ii)  For a development located in a locality that is in its seventh line 7 or later housing element cycle , is located in a locality that the line 8 department has determined is subject to this clause on the basis line 9 that the locality did not adopt a housing element that has been line 10 found in substantial compliance with housing element law (Article line 11 10.6 (commencing with Section 65580) of Chapter 3) by the line 12 department by the statutory deadline, or that the number of units line 13 that have been issued building permits, as shown on the most recent line 14 production report received by the department, is less than the line 15 locality’s share of the regional housing needs, by income category, line 16 for that r eporting period. A locality shall r emain eligible under line 17 this subparagraph until the department’ s determination for the line 18 next reporting period.
line 19 (B)  The development is subject to a requirement mandating a line 20 minimum percentage of below market rate housing based on one line 21 of the following:
line 22 (i)  The locality did not adopt a housing element pur suant to line 23 Section 65588 that has been found in substantial compliance with line 24 the housing element law (Article 10.6 (commencing with Section line 25 65580) of Chapter 3) by the department, did not submit its latest line 26 production report to the department by the time period required line 27 by Section 65400, or that production report submitted to the line 28 department reflects that there were fe wer units of abo ve line 29 moderate-income housing issued b uilding permits than were line 30 required for the regional housing needs assessment cycle for that line 31 reporting period. In addition, if the project contains more than 10 line 32 units of housing, the project does either of the following:
line 33 (I)  The project dedicates a minimum of 10 percent of the total line 34 number of units, before calculating any density bonus, to housing line 35 affordable to households making at or below 80 percent of the area line 36 median income. Ho wever, if the locality has adopted a local line 37 ordinance that requires that greater than 10 percent of the units be line 38 dedicated to housing af fordable to households making belo w 80 line 39 percent of the area median income, that local ordinance applies. 99 SB 423 — 7 —

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Communication: Senate Bill 423 - Bill Text (ITEM 8 SENATE BILL 423: Land Use: Streamlined Housing Approvals: Multifamily Housing line 1 (II)  (ia)  If the project is located within the San Francisco Bay line 2 area, the project, in lieu of complying with subclause (I), dedicates line 3 20 percent of the total number of units, before calculating an y line 4 density bonus, to housing affordable to households making below line 5 120 percent of the area median income with the a verage income line 6 of the units at or belo w 100 percent of the area median income. line 7 However, a local ordinance adopted by the locality applies if it line 8 requires greater than 20 percent of the units be dedicated to housing line 9 affordable to households making at or belo w 120 percent of the line 10 area median income, or requires that any of the units be dedicated line 11 at a le vel deeper than 120 percent. In order to comply with this line 12 subclause, the rent or sale price charged for units that are dedicated line 13 to housing affordable to households between 80 percent and 120 line 14 percent of the area median income shall not exceed 30 percent of line 15 the gross income of the household.
line 16 (ib)  For purposes of this subclause, “San Francisco Bay area” line 17 means the entire area within the territorial boundaries of the line 18 Counties of Alameda, Contra Costa, Marin, Napa, San Mateo, line 19 Santa Clara, Solano, and Sonoma, and the City and County of San line 20 Francisco.
line 21 (ii)  The locality’s latest production report reflects that there line 22 were fewer units of housing issued building permits affordable to line 23 either v ery lo w income or lo w-income households by income line 24 category than were required for the re gional housing needs line 25 assessment cycle for that reporting period, and the project seeking line 26 approval dedicates 50 percent of the total number of units, before line 27 calculating any density bonus, to housing affordable to households line 28 making at or belo w 80 percent of the area median income. line 29 However, if the locality has adopted a local ordinance that requires line 30 that greater than 50 percent of the units be dedicated to housing line 31 affordable to households making at or below 80 percent of the area line 32 median income, that local ordinance applies.
line 33 (iii)  The locality did not submit its latest production report to line 34 the department by the time period required by Section 65400, or line 35 if the production report reflects that there were fe wer units of line 36 housing affordable to both income levels described in clauses (i) line 37 and (ii) that were issued b uilding permits than were required for line 38 the re gional housing needs assessment c ycle for that reporting line 39 period, the project seeking approval may choose between utilizing line 40 clause (i) or (ii).
99 — 8 — SB 423

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Communication: Senate Bill 423 - Bill Text (ITEM 8 SENATE BILL 423: Land Use: Streamlined Housing Approvals: Multifamily Housing line 1 (C)  (i)  A development proponent that uses a unit of affordable line 2 housing to satisfy the requirements of subparagraph (B) may also line 3 satisfy any other local or state requirement for affordable housing, line 4 including local ordinances or the Density Bonus La w in Section line 5 65915, provided that the de velopment proponent complies with line 6 the applicable requirements in the state or local la w. If a local line 7 requirement for af fordable housing r equires units that ar e line 8 restricted to households with incomes higher than the applicable line 9 income limits required in subparagraph (B), then units that meet line 10 the applicable income limits r equired in subparagraph (B) shall line 11 be deemed to satisfy those local r equirements for higher income line 12 units.
line 13 (ii)  A de velopment proponent that uses a unit of af fordable line 14 housing to satisfy any other state or local affordability requirement line 15 may also satisfy the requirements of subparagraph (B), pro vided line 16 that the de velopment proponent complies with applicable line 17 requirements of subparagraph (B).
line 18 (iii)  A de velopment proponent may satisfy the af fordability line 19 requirements of subparagraph (B) with a unit that is restricted to line 20 households with incomes lower than the applicable income limits line 21 required in subparagraph (B).
line 22 (D)  The amendments to this subdivision made by the act adding line 23 this subparagraph do not constitute a change in, but are declaratory line 24 of, existing law.
line 25 (5)  The development, excluding any additional density or an y line 26 other concessions, incentives, or waivers of development standards line 27 granted for whic h the de velopment is eligible pursuant to the line 28 Density Bonus Law in Section 65915, is consistent with objective line 29 zoning standards, objective subdivision standards, and objecti ve line 30 design review standards in effect at the time that the development line 31 is submitted to the local go vernment pursuant to this section, or line 32 at the time a notice of intent is submitted pursuant to subdivision line 33 (b), whiche ver occurs earlier . F or purposes of this paragraph, line 34 “objective zoning standards, ” “objective subdivision standards,” line 35 and “objecti ve design re view standards” mean standards that line 36 involve no personal or subjecti ve judgment by a public official line 37 and are uniformly v erifiable by reference to an e xternal and line 38 uniform benchmark or criterion a vailable and knowable by both line 39 the development applicant or proponent and the public official line 40 before submittal. These standards may be embodied in alternative 99 SB 423 — 9 —

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Communication: Senate Bill 423 - Bill Text (ITEM 8 SENATE BILL 423: Land Use: Streamlined Housing Approvals: Multifamily Housing line 1 objective land use specifications adopted by a city or county, and line 2 may include, but are not limited to, housing overlay zones, specific line 3 plans, inclusionary zoning ordinances, and density bonus line 4 ordinances, subject to the following:
line 5 (A)  A development shall be deemed consistent with the objective line 6 zoning standards related to housing density , as applicable, if the line 7 density proposed is compliant with the maximum density allowed line 8 within that land use designation, notwithstanding an y specified line 9 maximum unit allocation that may result in fewer units of housing line 10 being permitted.
line 11 (B)  In the event that objective zoning, general plan, subdivision, line 12 or design re view standards are mutually inconsistent, a line 13 development shall be deemed consistent with the objective zoning line 14 and subdi vision standards pursuant to this subdi vision if the line 15 development is consistent with the standards set forth in the general line 16 plan.
line 17 (C)  It is the intent of the Le gislature that the objective zoning line 18 standards, objective subdivision standards, and objecti ve design line 19 review standards described in this paragraph be adopted or line 20 amended in compliance with the requirements of Chapter 905 of line 21 the Statutes of 2004.
line 22 (D)  The amendments to this subdivision made by the act adding line 23 this subparagraph do not constitute a change in, but are declaratory line 24 of, existing law.
line 25 (E)  A project that satisfies the requirements of Section 65852.24 line 26 shall be deemed consistent with objecti ve zoning standards, line 27 objective design standards, and objective subdivision standards if line 28 the project is consistent with the pro visions of subdivision (b) of line 29 Section 65852.24 and if none of the square footage in the project line 30 is designated for hotel, motel, bed and breakf ast inn, or other line 31 transient lodging use, except for a residential hotel. For purposes line 32 of this subdivision, “residential hotel” shall have the same meaning line 33 as defined in Section 50519 of the Health and Safety Code. line 34 (6)  The development is not located on a site that is an y of the line 35 following:
line 36 (A)  A coastal zone, as defined in Di vision 20 (commencing line 37 with Section 30000) of the Public Resources Code. line 38 (B)
line 39 (A)  Either prime farmland or farmland of statewide importance, line 40 as defined pursuant to United States Department of Agriculture 99 — 10 — SB 423

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Communication: Senate Bill 423 - Bill Text (ITEM 8 SENATE BILL 423: Land Use: Streamlined Housing Approvals: Multifamily Housing line 1 land inventory and monitoring criteria, as modified for California, line 2 and designated on the maps prepared by the F armland Mapping line 3 and Monitoring Program of the Department of Conserv ation, or line 4 land zoned or designated for agricultural protection or preservation line 5 by a local ballot measure that w as approved by the voters of that line 6 jurisdiction.
line 7 (C)
line 8 (B)  Wetlands, as defined in the United States Fish and Wildlife line 9 Service Manual, Part 660 FW 2 (June 21, 1993). 1993), unless the line 10 development within the wetlands has been authorized pursuant to line 11 federal or other state law.
line 12 (D)
line 13 (C)  Within a very high fire hazard severity zone, as determined line 14 by the Department of F orestry and Fire Protection pursuant to line 15 Section 51178, or within a high or v ery high fire hazard severity line 16 zone as indicated on maps adopted by the Department of Forestry line 17 and Fire Protection pursuant to Section 4202 of the Public line 18 Resources Code. This subparagraph does not apply to sites line 19 excluded from the specified hazard zones by a local agenc y, line 20 pursuant to subdi vision (b) of Section 51179, or sites that ha ve line 21 adopted fire hazard mitig ation measures pursuant to e xisting line 22 building standards or state fire mitigation measures applicable to line 23 the development.
line 24 (E)
line 25 (D)  A hazardous w aste site that is listed pursuant to Section line 26 65962.5 or a hazardous waste site designated by the Department line 27 of Toxic Substances Control pursuant to Section 25356 of the line 28 Health and Safety Code, unless either of the following apply:
line 29 (i)  The site is an underground storage tank site that received a line 30 uniform closure letter issued pursuant to subdivision (g) of Section line 31 25296.10 of the Health and Safety Code based on closure criteria line 32 established by the State Water Resources Control Board for line 33 residential use or residential mix ed uses. This section does not line 34 alter or change the conditions to remo ve a site from the list of line 35 hazardous waste sites listed pursuant to Section 65962.5. line 36 (ii)  The State Department of Public Health, State Water line 37 Resources Control Board, Department of Toxic Substances Control, line 38 or a local agency making a determination pursuant to subdivision line 39 (c) of Section 25296.10 of the Health and Safety Code, has 99 SB 423 — 11 —

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Communication: Senate Bill 423 - Bill Text (ITEM 8 SENATE BILL 423: Land Use: Streamlined Housing Approvals: Multifamily Housing line 1 otherwise determined that the site is suitable for residential use or line 2 residential mixed uses.
line 3 (F)
line 4 (E)  Within a delineated earthquake fault zone as determined by line 5 the State Geologist in an y official maps published by the State line 6 Geologist, unless the development complies with applicable seismic line 7 protection b uilding code standards adopted by the California line 8 Building Standards Commission under the California Building line 9 Standards La w (P art 2.5 (commencing with Section 18901) of line 10 Division 13 of the Health and Safety Code), and by an y local line 11 building department under Chapter 12.2 (commencing with Section line 12 8875) of Division 1 of Title 2.
line 13 (G)
line 14 (F)  Within a special flood hazard area subject to inundation by line 15 the 1 percent annual chance flood (100-year flood) as determined line 16 by the Federal Emer gency Management Agency in an y official line 17 maps published by the Federal Emergency Management Agency. line 18 If a development proponent is able to satisfy all applicable federal line 19 qualifying criteria in order to pro vide that the site satisfies this line 20 subparagraph and is otherwise eligible for streamlined appro val line 21 under this section, a local government shall not deny the application line 22 on the basis that the development proponent did not comply with line 23 any additional permit requirement, standard, or action adopted by line 24 that local government that is applicable to that site. A development line 25 may be located on a site described in this subparagraph if either line 26 of the following are met:
line 27 (i)  The site has been subject to a Letter of Map Re vision line 28 prepared by the Federal Emer gency Management Agency and line 29 issued to the local jurisdiction.
line 30 (ii)  The site meets Federal Emer gency Management Agency line 31 requirements necessary to meet minimum flood plain management line 32 criteria of the National Flood Insurance Program pursuant to Part line 33 59 (commencing with Section 59.1) and P art 60 (commencing line 34 with Section 60.1) of Subchapter B of Chapter I of Title 44 of the line 35 Code of Federal Regulations.
line 36 (H)
line 37 (G)  Within a regulatory floodway as determined by the Federal line 38 Emergency Management Agency in any official maps published line 39 by the Federal Emer gency Management Agency, unless the line 40 development has recei ved a no-rise certification in accordance 99 — 12 — SB 423

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Communication: Senate Bill 423 - Bill Text (ITEM 8 SENATE BILL 423: Land Use: Streamlined Housing Approvals: Multifamily Housing line 1 with Section 60.3(d)(3) of Title 44 of the Code of Federal line 2 Regulations. If a de velopment proponent is able to satisfy all line 3 applicable federal qualifying criteria in order to pro vide that the line 4 site satisfies this subparagraph and is otherwise eligible for line 5 streamlined approval under this section, a local government shall line 6 not den y the application on the basis that the de velopment line 7 proponent did not comply with any additional permit requirement, line 8 standard, or action adopted by that local go vernment that is line 9 applicable to that site.
line 10 (I)
line 11 (H)  Lands identified for conserv ation in an adopted natural line 12 community conservation plan pursuant to the Natural Community line 13 Conservation Planning Act (Chapter 10 (commencing with Section line 14 2800) of Di vision 3 of the Fish and Game Code), habitat line 15 conservation plan pursuant to the federal Endangered Species Act line 16 of 1973 (16 U.S.C. Sec. 1531 et seq.), or other adopted natural line 17 resource protection plan.
line 18 (J)
line 19 (I)  Habitat for protected species identified as candidate, line 20 sensitive, or species of special status by state or federal agencies, line 21 fully protected species, or species protected by the federal line 22 Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), line 23 the California Endangered Species Act (Chapter 1.5 (commencing line 24 with Section 2050) of Division 3 of the Fish and Game Code), or line 25 the Native Plant Protection Act (Chapter 10 (commencing with line 26 Section 1900) of Division 2 of the Fish and Game Code). Code), line 27 unless the de velopment within the habitat has been authorized line 28 pursuant to federal or other state law.
line 29 (K)
line 30 (J)  Lands under conservation easement.
line 31 (7)  The development is not located on a site where an y of the line 32 following apply:
line 33 (A)  The de velopment w ould require the demolition of the line 34 following types of housing:
line 35 (i)  Housing that is subject to a recorded co venant, ordinance, line 36 or la w that restricts rents to le vels af fordable to persons and line 37 families of moderate, low, or very low income.
line 38 (ii)  Housing that is subject to any form of rent or price control line 39 through a public entity’s valid exercise of its police power. 99 SB 423 — 13 —

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Communication: Senate Bill 423 - Bill Text (ITEM 8 SENATE BILL 423: Land Use: Streamlined Housing Approvals: Multifamily Housing line 1 (iii)  Housing that has been occupied by tenants within the past line 2 10 years.
line 3 (B)  The site was previously used for housing that was occupied line 4 by tenants that w as demolished within 10 years before the line 5 development proponent submits an application under this section. line 6 (C)  The development would require the demolition of a historic line 7 structure that w as placed on a national, state, or local historic line 8 register.
line 9 (D)  The property contains housing units that are occupied by line 10 tenants, and units at the property are, or were, subsequently offered line 11 for sale to the general public by the subdivider or subsequent owner line 12 of the property.
line 13 (8)  The development proponent has done both of the following, line 14 as applicable:
line 15 (A)  Certified to the locality that either of the following is true, line 16 as applicable:
line 17 (i)  The entirety of the development is a public work for purposes line 18 of Chapter 1 (commencing with Section 1720) of Part 7 of Division line 19 2 of the Labor Code.
line 20 (ii)  If the development is not in its entirety a public w ork, that line 21 all construction w orkers emplo yed in the e xecution of the line 22 development will be paid at least the general prevailing rate of per line 23 diem w ages for the type of w ork and geographic area, as line 24 determined by the Director of Industrial Relations pursuant to line 25 Sections 1773 and 1773.9 of the Labor Code, e xcept that line 26 apprentices registered in programs appro ved by the Chief of the line 27 Division of Apprenticeship Standards may be paid at least the line 28 applicable apprentice prevailing rate. If the development is subject line 29 to this subparagraph, then for those portions of the de velopment line 30 that are not a public work all of the following shall apply:
line 31 (I)  The development proponent shall ensure that the prevailing line 32 wage requirement is included in all contracts for the performance line 33 of the work.
line 34 (II)  All contractors and subcontractors shall pay to all line 35 construction workers employed in the e xecution of the w ork at line 36 least the general pre vailing rate of per diem w ages, except that line 37 apprentices registered in programs appro ved by the Chief of the line 38 Division of Apprenticeship Standards may be paid at least the line 39 applicable apprentice prevailing rate.
99 — 14 — SB 423

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Communication: Senate Bill 423 - Bill Text (ITEM 8 SENATE BILL 423: Land Use: Streamlined Housing Approvals: Multifamily Housing line 1 (III)  Except as pro vided in subclause (V), all contractors and line 2 subcontractors shall maintain and verify payroll records pursuant line 3 to Section 1776 of the Labor Code and mak e those records line 4 available for inspection and copying as provided therein. line 5 (IV)  Except as provided in subclause (V), the obligation of the line 6 contractors and subcontractors to pay pre vailing wages may be line 7 enforced by the Labor Commissioner through the issuance of a line 8 civil wage and penalty assessment pursuant to Section 1741 of the line 9 Labor Code, which may be reviewed pursuant to Section 1742 of line 10 the Labor Code, within 18 months after the completion of the line 11 development, by an underpaid w orker through an administrati ve line 12 complaint or ci vil action, or by a joint labor -management line 13 committee through a civil action under Section 1771.2 of the Labor line 14 Code. If a ci vil w age and penalty assessment is issued, the line 15 contractor, subcontractor, and surety on a bond or bonds issued to line 16 secure the payment of wages covered by the assessment shall be line 17 liable for liquidated damages pursuant to Section 1742.1 of the line 18 Labor Code.
line 19 (V)  Subclauses (III) and (IV) shall not apply if all contractors line 20 and subcontractors performing work on the development are subject line 21 to a project labor agreement that requires the payment of prevailing line 22 wages to all construction w orkers employed in the e xecution of line 23 the development and provides for enforcement of that oblig ation line 24 through an arbitration procedure. F or purposes of this clause, line 25 “project labor agreement” has the same meaning as set forth in line 26 paragraph (1) of subdi vision (b) of Section 2500 of the Public line 27 Contract Code.
line 28 (VI)  Notwithstanding subdivision (c) of Section 1773.1 of the line 29 Labor Code, the requirement that employer payments not reduce line 30 the obligation to pay the hourly straight time or o vertime wages line 31 found to be prevailing shall not apply if otherwise pro vided in a line 32 bona fide collecti ve bargaining agreement co vering the w orker. line 33 The requirement to pay at least the general pre vailing rate of per line 34 diem w ages does not preclude use of an alternati ve w orkweek line 35 schedule adopted pursuant to Section 511 or 514 of the Labor line 36 Code.
line 37 (B)  (i)  For de velopments for which an y of the follo wing line 38 conditions apply, certified that a skilled and trained w orkforce line 39 shall be used to complete the de velopment if the application is line 40 approved:
99 SB 423 — 15 —

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Communication: Senate Bill 423 - Bill Text (ITEM 8 SENATE BILL 423: Land Use: Streamlined Housing Approvals: Multifamily Housing line 1 (I)  On and after January 1, 2018, until December 31, 2021, the line 2 development consists of 75 or more units with a residential line 3 component that is not 100 percent subsidized af fordable housing line 4 and will be located within a jurisdiction located in a coastal or bay line 5 county with a population of 225,000 or more.
line 6 (II)  On and after January 1, 2022, until December 31, 2025, the line 7 development consists of 50 or more units with a residential line 8 component that is not 100 percent subsidized af fordable housing line 9 and will be located within a jurisdiction located in a coastal or bay line 10 county with a population of 225,000 or more.
line 11 (III)  On and after January 1, 2018, until December 31, 2019, line 12 the development consists of 75 or more units with a residential line 13 component that is not 100 percent subsidized af fordable housing line 14 and will be located within a jurisdiction with a population of fewer line 15 than 550,000 and that is not located in a coastal or bay county. line 16 (IV)  On and after January 1, 2020, until December 31, 2021, line 17 the development consists of more than 50 units with a residential line 18 component that is not 100 percent subsidized af fordable housing line 19 and will be located within a jurisdiction with a population of fewer line 20 than 550,000 and that is not located in a coastal or bay county. line 21 (V)  On and after January 1, 2022, until December 31, 2025, the line 22 development consists of more than 25 units with a residential line 23 component that is not 100 percent subsidized af fordable housing line 24 and will be located within a jurisdiction with a population of fewer line 25 than 550,000 and that is not located in a coastal or bay county. line 26 (ii)  For purposes of this section, “skilled and trained workforce” line 27 has the same meaning as pro vided in Chapter 2.9 (commencing line 28 with Section 2600) of Part 1 of Division 2 of the Public Contract line 29 Code.
line 30 (iii)  If the de velopment proponent has certified that a skilled line 31 and trained workforce will be used to complete the de velopment line 32 and the application is approved, the following shall apply:
line 33 (I)  The applicant shall require in all contracts for the line 34 performance of w ork that e very contractor and subcontractor at line 35 every tier will individually use a skilled and trained workforce to line 36 complete the development.
line 37 (II)  Every contractor and subcontractor shall use a skilled and line 38 trained workforce to complete the development.
line 39 (III)  Except as provided in subclause (IV), the applicant shall line 40 provide to the locality, on a monthly basis while the development 99 — 16 — SB 423

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Communication: Senate Bill 423 - Bill Text (ITEM 8 SENATE BILL 423: Land Use: Streamlined Housing Approvals: Multifamily Housing line 1 or contract is being performed, a report demonstrating compliance line 2 with Chapter 2.9 (commencing with Section 2600) of P art 1 of line 3 Division 2 of the Public Contract Code. A monthly report provided line 4 to the locality pursuant to this subclause shall be a public record line 5 under the California Public Records Act (Division 10 (commencing line 6 with Section 7920.000) of Title 1) and shall be open to public line 7 inspection. An applicant that f ails to pro vide a monthly report line 8 demonstrating compliance with Chapter 2.9 (commencing with line 9 Section 2600) of Part 1 of Division 2 of the Public Contract Code line 10 shall be subject to a civil penalty of ten thousand dollars ($10,000) line 11 per month for each month for which the report has not been line 12 provided. Any contractor or subcontractor that fails to use a skilled line 13 and trained w orkforce shall be subject to a ci vil penalty of tw o line 14 hundred dollars ($200) per day for each w orker emplo yed in line 15 contravention of the skilled and trained w orkforce requirement. line 16 Penalties may be assessed by the Labor Commissioner within 18 line 17 months of completion of the de velopment using the same line 18 procedures for issuance of ci vil w age and penalty assessments line 19 pursuant to Section 1741 of the Labor Code, and may be reviewed line 20 pursuant to the same procedures in Section 1742 of the Labor line 21 Code. Penalties shall be paid to the State Public Works line 22 Enforcement Fund.
line 23 (IV)  Subclause (III) shall not apply if all contractors and line 24 subcontractors performing work on the de velopment are subject line 25 to a project labor agreement that requires compliance with the line 26 skilled and trained w orkforce requirement and pro vides for line 27 enforcement of that oblig ation through an arbitration procedure. line 28 For purposes of this subparagraph, “project labor agreement” has line 29 the same meaning as set forth in paragraph (1) of subdivision (b) line 30 of Section 2500 of the Public Contract Code.
line 31 (C)  Notwithstanding subparagraphs (A) and (B), a development line 32 that is subject to approval pursuant to this section is exempt from line 33 any requirement to pay pre vailing w ages or use a skilled and line 34 trained workforce if it meets both of the following:
line 35 (i)  The project includes 10 or fewer units.
line 36 (ii)  The project is not a public work for purposes of Chapter 1 line 37 (commencing with Section 1720) of P art 7 of Di vision 2 of the line 38 Labor Code.
line 39 (9)  The development did not or does not involve a subdivision line 40 of a parcel that is, or, notwithstanding this section, would otherwise 99 SB 423 — 17 —

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Communication: Senate Bill 423 - Bill Text (ITEM 8 SENATE BILL 423: Land Use: Streamlined Housing Approvals: Multifamily Housing line 1 be, subject to the Subdivision Map Act (Division 2 (commencing line 2 with Section 66410)) or any other applicable law authorizing the line 3 subdivision of land, unless the development is consistent with all line 4 objective subdivision standards in the local subdivision ordinance, line 5 and either of the following apply:
line 6 (A)  The development has received or will receive financing or line 7 funding by means of a low-income housing tax credit and is subject line 8 to the requirement that pre vailing w ages be paid pursuant to line 9 subparagraph (A) of paragraph (8).
line 10 (B)  The de velopment is subject to the requirement that line 11 prevailing wages be paid, and a skilled and trained workforce used, line 12 pursuant to paragraph (8).
line 13 (8)  Except as pr ovided in par agraph (9), a pr oponent of a line 14 development project approved by a local government pursuant to line 15 this section shall require in contracts with construction contractors, line 16 and shall certify to the local go vernment, that the following line 17 standards specified in this par agraph will be met in pr oject line 18 construction, as applicable:
line 19 (A)  A development that is not in its entir ety a public work for line 20 purposes of Chapter 1 (commencing with Section 1720) of Part 7 line 21 of Division 2 of the Labor Code and appr oved by a local line 22 government pur suant to Article 2 (commencing with Section line 23 65912.110) or Article 3 (commencing with Section 65912.120) line 24 shall be subject to all of the following:
line 25 (i)  All construction work ers employed in the e xecution of the line 26 development shall be paid at least the g eneral prevailing rate of line 27 per diem wa ges for the type of work and g eographic area, as line 28 determined by the Dir ector of Industrial Relations pur suant to line 29 Sections 1773 and 1773.9 of the Labor Code , e xcept that line 30 apprentices registered in programs approved by the Chief of the line 31 Division of Apprenticeship Standards may be paid at least the line 32 applicable apprentice prevailing rate.
line 33 (ii)  The development proponent shall ensure that the prevailing line 34 wage requirement is included in all contracts for the performance line 35 of the work for those portions of the de velopment that are not a line 36 public work.
line 37 (iii)  All contractors and subcontr actors for those portions of line 38 the development that are not a public work shall comply with both line 39 of the following:
99 — 18 — SB 423

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Communication: Senate Bill 423 - Bill Text (ITEM 8 SENATE BILL 423: Land Use: Streamlined Housing Approvals: Multifamily Housing line 1 (I)  Pay to all construction work ers employed in the e xecution line 2 of the work at least the general prevailing rate of per diem wages, line 3 except that appr entices registered in pr ograms approved by the line 4 Chief of the Division of Apprenticeship Standards may be paid at line 5 least the applicable apprentice prevailing rate. line 6 (II)  Maintain and verify payr oll records pur suant to Section line 7 1776 of the Labor Code and mak e those r ecords available for line 8 inspection and copying as provided in that section. This subclause line 9 does not apply if all contr actors and subcontractors performing line 10 work on the development are subject to a project labor agreement line 11 that requires the payment of prevailing wages to all construction line 12 workers employed in the execution of the development and provides line 13 for enfor cement of that obligation thr ough an arbitr ation line 14 procedure. F or purposes of this subclause , “pr oject labor line 15 agreement” has the same meaning as set forth in par agraph (1) line 16 of subdivision (b) of Section 2500 of the Public Contract Code. line 17 (B)  (i)  The obligation of the contractors and subcontractors to line 18 pay prevailing wages pursuant to this paragraph may be enforced line 19 by any of the following:
line 20 (I)  The Labor Commissioner thr ough the issuance of a civil line 21 wage and penalty assessment pursuant to Section 1741 of the Labor line 22 Code, which may be r eviewed pur suant to Section 1742 of the line 23 Labor Code , within 18 months after the completion of the line 24 development.
line 25 (II)  An underpaid worker through an administrative complaint line 26 or civil action.
line 27 (III)  A joint labor-management committee through a civil action line 28 under Section 1771.2 of the Labor Code.
line 29 (ii)  If a civil wage and penalty assessment is issued pursuant to line 30 this par agraph, the contr actor, subcontr actor, and sur ety on a line 31 bond or bonds issued to secure the payment of wages covered by line 32 the assessment shall be liable for liquidated damages pursuant to line 33 Section 1742.1 of the Labor Code.
line 34 (iii)  This par agraph does not apply if all contr actors and line 35 subcontractors performing work on the de velopment are subject line 36 to a pr oject labor a greement that r equires the payment of line 37 prevailing wa ges to all construction work ers employed in the line 38 execution of the development and provides for enforcement of that line 39 obligation through an arbitration procedure. For purposes of this line 40 clause, “project labor agreement” has the same meaning as set 99 SB 423 — 19 —

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Communication: Senate Bill 423 - Bill Text (ITEM 8 SENATE BILL 423: Land Use: Streamlined Housing Approvals: Multifamily Housing line 1 forth in par agraph (1) of subdivision (b) of Section 2500 of the line 2 Public Contract Code.
line 3 (C)  Notwithstanding subdivision (c) of Section 1773.1 of the line 4 Labor Code, the requirement that employer payments not reduce line 5 the obligation to pay the hourly str aight time or overtime wages line 6 found to be pr evailing does not apply to those portions of line 7 development that are not a public work if otherwise provided in a line 8 bona fide collective bargaining agreement covering the worker. line 9 (D)  The r equirement of this par agraph to pay at least the line 10 general prevailing rate of per diem wa ges does not preclude use line 11 of an alternative workweek schedule adopted pursuant to Section line 12 511 or 514 of the Labor Code.
line 13 (E)  A development of 50 or more housing units approved by a line 14 local government pursuant to this section shall meet all of the line 15 following labor standards:
line 16 (i)  The development proponent shall require in contracts with line 17 construction contractors and shall certify to the local government line 18 that each contractor of any tier who will employ construction craft line 19 employees or will let subcontr acts for at least 1,000 hour s shall line 20 satisfy the r equirements in clauses (ii) and (iii). A construction line 21 contractor is deemed in compliance with clauses (ii) and (iii) if it line 22 is signatory to a valid collective bar gaining a greement that line 23 requires utilization of registered apprentices and expenditures on line 24 health care for employees and dependents.
line 25 (ii)  A contractor with construction craft employees shall either line 26 participate in an appr enticeship pr ogram appr oved by the line 27 California Division of Apprenticeship Standar ds pur suant to line 28 Section 3075 of the Labor Code , or r equest the dispatc h of line 29 apprentices from a state-approved apprenticeship program under line 30 the terms and conditions set forth in Section 1777.5 of the Labor line 31 Code. A contr actor without construction cr aft employees shall line 32 show a contractual obligation that its subcontractors comply with line 33 this clause.
line 34 (iii)  Each contractor with construction cr aft employees shall line 35 make health car e expenditures for eac h employee in an amount line 36 per hour work ed on the de velopment equivalent to at least the line 37 hourly pro rata cost of a Covered California Platinum level plan line 38 for two adults 40 year s of age and two dependents 0 to 14 year s line 39 of a ge for the Co vered California r ating ar ea in whic h the line 40 development is located. A contractor without construction cr aft 99 — 20 — SB 423

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Communication: Senate Bill 423 - Bill Text (ITEM 8 SENATE BILL 423: Land Use: Streamlined Housing Approvals: Multifamily Housing line 1 employees shall show a contr actual obligation that its line 2 subcontractors comply with this clause . Qualifying expenditures line 3 shall be credited toward compliance with prevailing wage payment line 4 requirements set forth in this paragraph.
line 5 (iv)  (I)  The development proponent shall provide to the local line 6 government, on a monthly basis while its construction contr acts line 7 on the development are being performed, a report demonstrating line 8 compliance with clauses (ii) and (iii). The r eports shall be line 9 considered public r ecords under the California Public Recor ds line 10 Act (Division 10 (commencing with Section 7920.000) of Title 1), line 11 and shall be open to public inspection.
line 12 (II)  A development proponent that fails to provide the monthly line 13 report shall be subject to a civil penalty for each month for which line 14 the report has not been provided, in the amount of 10 per cent of line 15 the dollar value of construction work performed by that contractor line 16 on the development in the month in question, up to a maximum of line 17 ten thousand dollars ($10,000). Any contractor or subcontractor line 18 that fails to comply with clauses (ii) and (iii) shall be subject to a line 19 civil penalty of two hundred dollars ($200) per day for each worker line 20 employed in contravention of clauses (ii) and (iii). line 21 (III)  Penalties may be assessed by the Labor Commissioner line 22 within 18 months of completion of the de velopment using the line 23 procedures for issuance of civil wa ge and penalty assessments line 24 specified in Section 1741 of the Labor Code, and may be reviewed line 25 pursuant to Section 1742 of the Labor Code . Penalties shall be line 26 deposited in the State Public Works Enforcement Fund established line 27 pursuant to Section 1771.3 of the Labor Code.
line 28 (v)  Each construction contr actor shall maintain and verify line 29 payroll records pursuant to Section 1776 of the Labor Code. Each line 30 construction contractor shall submit payr oll records directly to line 31 the Labor Commissioner at least monthly in a format pr escribed line 32 by the Labor Commissioner in accordance with subparagraph (A) line 33 of paragraph (3) of subdivision (a) of Section 1771.4 of the Labor line 34 Code. The records shall include a statement of fring e benefits. line 35 Upon request by a joint labor-management cooperation committee line 36 established pur suant to the F ederal Labor Mana gement line 37 Cooperation Act of 1978 (29 U.S.C. Sec. 175a), the records shall line 38 be provided pursuant to subdivision (e) of Section 1776 of the line 39 Labor Code.
99 SB 423 — 21 —

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Communication: Senate Bill 423 - Bill Text (ITEM 8 SENATE BILL 423: Land Use: Streamlined Housing Approvals: Multifamily Housing line 1 (vi)  All construction contr actors shall r eport any c hange in line 2 apprenticeship program participation or health care expenditures line 3 to the local government within 10 business days, and shall reflect line 4 those c hanges on the monthly r eport. The r eports shall be line 5 considered public r ecords pur suant to the California Public line 6 Records Act (Division 10 (commencing with Section 7920.000) of line 7 Title 1) and shall be open to public inspection. line 8 (vii)  A joint labor -management cooper ation committee line 9 established pur suant to the F ederal Labor Mana gement line 10 Cooperation Act of 1978 (29 U.S.C. Sec. 175a) shall have standing line 11 to sue a construction contr actor for failure to mak e health care line 12 expenditures pursuant to clause (iii) in accor dance with Section line 13 218.7 or 218.8 of the Labor Code.
line 14 (9)  Notwithstanding paragraph (8), a development that is subject line 15 to approval pursuant to this section is exempt from any requirement line 16 to pay pr evailing wa ges, use a workfor ce participating in an line 17 apprenticeship, or provide health care expenditures if it satisfies line 18 both of the following:
line 19 (A)  The project consists of 10 or fewer units. line 20 (B)  The project is not a public work for purposes of Chapter 1 line 21 (commencing with Section 1720) of P art 7 of Division 2 of the line 22 Labor Code.
line 23 (10)  The development shall not be upon an e xisting parcel of line 24 land or site that is governed under the Mobilehome Residency Law line 25 (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2 line 26 of Division 2 of the Ci vil Code), the Recreational Vehicle Park line 27 Occupancy Law (Chapter 2.6 (commencing with Section 799.20) line 28 of Title 2 of P art 2 of Di vision 2 of the Ci vil Code), the line 29 Mobilehome Parks Act (Part 2.1 (commencing with Section 18200) line 30 of Division 13 of the Health and Safety Code), or the Special line 31 Occupancy Parks Act (Part 2.3 (commencing with Section 18860) line 32 of Division 13 of the Health and Safety Code).
line 33 (b)  (1)  (A)  (i)  Before submitting an application for a line 34 development subject to the streamlined, ministerial appro val line 35 process described in subdivision (c), the development proponent line 36 shall submit to the local government a notice of its intent to submit line 37 an application. The notice of intent shall be in the form of a line 38 preliminary application that includes all of the information line 39 described in Section 65941.1, as that section read on January 1, line 40 2020.
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Communication: Senate Bill 423 - Bill Text (ITEM 8 SENATE BILL 423: Land Use: Streamlined Housing Approvals: Multifamily Housing line 1 (ii)  Upon receipt of a notice of intent to submit an application line 2 described in clause (i), the local go vernment shall eng age in a line 3 scoping consultation re garding the proposed de velopment with line 4 any California Nati ve American tribe that is traditionally and line 5 culturally affiliated with the geographic area, as described in line 6 Section 21080.3.1 of the Public Resources Code, of the proposed line 7 development. In order to expedite compliance with this subdivision, line 8 the local government shall contact the Native American Heritage line 9 Commission for assistance in identifying an y California Nati ve line 10 American tribe that is traditionally and culturally affiliated with line 11 the geographic area of the proposed development. line 12 (iii)  The timeline for noticing and commencing a scoping line 13 consultation in accordance with this subdivision shall be as follows:
line 14 (I)  The local go vernment shall pro vide a formal notice of a line 15 development proponent’s notice of intent to submit an application line 16 described in clause (i) to each California Nati ve American tribe line 17 that is traditionally and culturally affiliated with the geographic line 18 area of the proposed development within 30 days of receiving that line 19 notice of intent. The formal notice pro vided pursuant to this line 20 subclause shall include all of the following:
line 21 (ia)  A description of the proposed development. line 22 (ib)  The location of the proposed development. line 23 (ic)  An in vitation to eng age in a scoping consultation in line 24 accordance with this subdivision.
line 25 (II)  Each California Native American tribe that receives a formal line 26 notice pursuant to this clause shall have 30 days from the receipt line 27 of that notice to accept the in vitation to eng age in a scoping line 28 consultation.
line 29 (III)  If the local go vernment receives a response accepting an line 30 invitation to eng age in a scoping consultation pursuant to this line 31 subdivision, the local go vernment shall commence the scoping line 32 consultation within 30 days of receiving that response. line 33 (B)  The scoping consultation shall recognize that California line 34 Native American tribes traditionally and culturally affiliated with line 35 a geographic area ha ve knowledge and expertise concerning the line 36 resources at issue and shall tak e into account the cultural line 37 significance of the resource to the culturally affiliated California line 38 Native American tribe.
line 39 (C)  The parties to a scoping consultation conducted pursuant line 40 to this subdivision shall be the local government and any California 99 SB 423 — 23 —

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Communication: Senate Bill 423 - Bill Text (ITEM 8 SENATE BILL 423: Land Use: Streamlined Housing Approvals: Multifamily Housing line 1 Native American tribe traditionally and culturally affiliated with line 2 the geographic area of the proposed development. More than one line 3 California Nati ve American tribe traditionally and culturally line 4 affiliated with the geographic area of the proposed de velopment line 5 may participate in the scoping consultation. Ho wever, the local line 6 government, upon the request of any California Native American line 7 tribe traditionally and culturally affiliated with the geographic area line 8 of the proposed development, shall engage in a separate scoping line 9 consultation with that California Nati ve American tribe. The line 10 development proponent and its consultants may participate in a line 11 scoping consultation process conducted pursuant to this subdivision line 12 if all of the following conditions are met:
line 13 (i)  The de velopment proponent and its consultants agree to line 14 respect the principles set forth in this subdivision. line 15 (ii)  The development proponent and its consultants eng age in line 16 the scoping consultation in good faith.
line 17 (iii)  The California Native American tribe participating in the line 18 scoping consultation approves the participation of the development line 19 proponent and its consultants. The California Nati ve American line 20 tribe may rescind its appro val at an y time during the scoping line 21 consultation, either for the duration of the scoping consultation or line 22 with respect to an y particular meeting or discussion held as part line 23 of the scoping consultation.
line 24 (D)  The participants to a scoping consultation pursuant to this line 25 subdivision shall comply with all of the following confidentiality line 26 requirements:
line 27 (i)  Section 7927.000.
line 28 (ii)  Section 7927.005.
line 29 (iii)  Subdivision (c) of Section 21082.3 of the Public Resources line 30 Code.
line 31 (iv)  Subdivision (d) of Section 15120 of Title 14 of the line 32 California Code of Regulations.
line 33 (v)  Any additional confidentiality standards adopted by the line 34 California Nati ve American tribe participating in the scoping line 35 consultation.
line 36 (E)  The California En vironmental Quality Act (Di vision 13 line 37 (commencing with Section 21000) of the Public Resources Code) line 38 shall not apply to a scoping consultation conducted pursuant to line 39 this subdivision.
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Communication: Senate Bill 423 - Bill Text (ITEM 8 SENATE BILL 423: Land Use: Streamlined Housing Approvals: Multifamily Housing line 1 (2)  (A)  If, after concluding the scoping consultation, the parties line 2 find that no potential tribal cultural resource would be affected by line 3 the proposed development, the development proponent may submit line 4 an application for the proposed development that is subject to the line 5 streamlined, ministerial approval process described in subdivision line 6 (c).
line 7 (B)  If, after concluding the scoping consultation, the parties line 8 find that a potential tribal cultural resource could be af fected by line 9 the proposed de velopment and an enforceable agreement is line 10 documented between the California Native American tribe and the line 11 local government on methods, measures, and conditions for tribal line 12 cultural resource treatment, the development proponent may submit line 13 the application for a de velopment subject to the streamlined, line 14 ministerial approval process described in subdivision (c). The local line 15 government shall ensure that the enforceable agreement is included line 16 in the requirements and conditions for the proposed development. line 17 (C)  If, after concluding the scoping consultation, the parties line 18 find that a potential tribal cultural resource could be af fected by line 19 the proposed de velopment and an enforceable agreement is not line 20 documented between the California Native American tribe and the line 21 local government regarding methods, measures, and conditions line 22 for tribal cultural resource treatment, the de velopment shall not line 23 be eligible for the streamlined, ministerial appro val process line 24 described in subdivision (c).
line 25 (D)  For purposes of this paragraph, a scoping consultation shall line 26 be deemed to be concluded if either of the following occur:
line 27 (i)  The parties to the scoping consultation document an line 28 enforceable agreement concerning methods, measures, and line 29 conditions to avoid or address potential impacts to tribal cultural line 30 resources that are or may be present.
line 31 (ii)  One or more parties to the scoping consultation, acting in line 32 good f aith and after reasonable ef fort, conclude that a mutual line 33 agreement on methods, measures, and conditions to a void or line 34 address impacts to tribal cultural resources that are or may be line 35 present cannot be reached.
line 36 (E)  If the de velopment or en vironmental setting substantially line 37 changes after the completion of the scoping consultation, the local line 38 government shall notify the California Nati ve American tribe of line 39 the changes and eng age in a subsequent scoping consultation if line 40 requested by the California Native American tribe. 99 SB 423 — 25 —

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Communication: Senate Bill 423 - Bill Text (ITEM 8 SENATE BILL 423: Land Use: Streamlined Housing Approvals: Multifamily Housing line 1 (3)  A local go vernment may only accept an application for line 2 streamlined, ministerial approval pursuant to this section if one of line 3 the following applies:
line 4 (A)  A California Native American tribe that received a formal line 5 notice of the development proponent’s notice of intent to submit line 6 an application pursuant to subclause (I) of clause (iii) of line 7 subparagraph (A) of paragraph (1) did not accept the invitation to line 8 engage in a scoping consultation.
line 9 (B)  The California Native American tribe accepted an invitation line 10 to engage in a scoping consultation pursuant to subclause (II) of line 11 clause (iii) of subparagraph (A) of paragraph (1) but substantially line 12 failed to eng age in the scoping consultation after repeated line 13 documented attempts by the local go vernment to eng age the line 14 California Native American tribe.
line 15 (C)  The parties to a scoping consultation pursuant to this line 16 subdivision find that no potential tribal cultural resource will be line 17 affected by the proposed de velopment pursuant to subparagraph line 18 (A) of paragraph (2).
line 19 (D)  A scoping consultation between a California Nati ve line 20 American tribe and the local go vernment has occurred in line 21 accordance with this subdi vision and resulted in agreement line 22 pursuant to subparagraph (B) of paragraph (2).
line 23 (4)  A project shall not be eligible for the streamlined, ministerial line 24 process described in subdivision (c) if any of the following apply:
line 25 (A)  There is a tribal cultural resource that is on a national, state, line 26 tribal, or local historic register list located on the site of the project. line 27 (B)  There is a potential tribal cultural resource that could be line 28 affected by the proposed development and the parties to a scoping line 29 consultation conducted pursuant to this subdi vision do not line 30 document an enforceable agreement on methods, measures, and line 31 conditions for tribal cultural resource treatment, as described in line 32 subparagraph (C) of paragraph (2).
line 33 (C)  The parties to a scoping consultation conducted pursuant line 34 to this subdi vision do not agree as to whether a potential tribal line 35 cultural resource will be affected by the proposed development. line 36 (5)  (A)  If, after a scoping consultation conducted pursuant to line 37 this subdi vision, a project is not eligible for the streamlined, line 38 ministerial process described in subdi vision (c) for an y or all of line 39 the following reasons, the local government shall provide written line 40 documentation of that f act, and an e xplanation of the reason for 99 — 26 — SB 423

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Communication: Senate Bill 423 - Bill Text (ITEM 8 SENATE BILL 423: Land Use: Streamlined Housing Approvals: Multifamily Housing line 1 which the project is not eligible, to the de velopment proponent line 2 and to any California Native American tribe that is a party to that line 3 scoping consultation:
line 4 (i)  There is a tribal cultural resource that is on a national, state, line 5 tribal, or local historic register list located on the site of the project, line 6 as described in subparagraph (A) of paragraph (4). line 7 (ii)  The parties to the scoping consultation have not documented line 8 an enforceable agreement on methods, measures, and conditions line 9 for tribal cultural resource treatment, as described in subparagraph line 10 (C) of paragraph (2) and subparagraph (B) of paragraph (4). line 11 (iii)  The parties to the scoping consultation do not agree as to line 12 whether a potential tribal cultural resource will be affected by the line 13 proposed de velopment, as described in subparagraph (C) of line 14 paragraph (4).
line 15 (B)  The written documentation pro vided to a de velopment line 16 proponent pursuant to this paragraph shall include information on line 17 how the development proponent may seek a conditional use permit line 18 or other discretionary approval of the development from the local line 19 government.
line 20 (6)  This section is not intended, and shall not be construed, to line 21 limit consultation and discussion between a local government and line 22 a California Nati ve American tribe pursuant to other applicable line 23 law, confidentiality pro visions under other applicable la w, the line 24 protection of religious exercise to the fullest extent permitted under line 25 state and federal law, or the ability of a California Native American line 26 tribe to submit information to the local government or participate line 27 in any process of the local government.
line 28 (7)  For purposes of this subdivision:
line 29 (A)  “Consultation” means the meaningful and timely process line 30 of seeking, discussing, and considering carefully the vie ws of line 31 others, in a manner that is cognizant of all parties’ cultural values line 32 and, where feasible, seeking agreement. Consultation between line 33 local governments and Native American tribes shall be conducted line 34 in a w ay that is mutually respectful of each party’ s sovereignty. line 35 Consultation shall also recognize the tribes’ potential needs for line 36 confidentiality with respect to places that ha ve traditional tribal line 37 cultural importance. A lead agenc y shall consult the tribal line 38 consultation best practices described in the “State of California line 39 Tribal Consultation Guidelines: Supplement to the General Plan line 40 Guidelines” prepared by the Office of Planning and Research. 99 SB 423 — 27 —

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Communication: Senate Bill 423 - Bill Text (ITEM 8 SENATE BILL 423: Land Use: Streamlined Housing Approvals: Multifamily Housing line 1 (B)  “Scoping” means the act of participating in early discussions line 2 or in vestigations between the local go vernment and California line 3 Native American tribe, and the de velopment proponent if line 4 authorized by the California Native American tribe, regarding the line 5 potential effects a proposed development could have on a potential line 6 tribal cultural resource, as defined in Section 21074 of the Public line 7 Resources Code, or California Native American tribe, as defined line 8 in Section 21073 of the Public Resources Code.
line 9 (8)  This subdivision shall not apply to any project that has been line 10 approved under the streamlined, ministerial appro val process line 11 provided under this section before the ef fective date of the act line 12 adding this subdivision.
line 13 (c)  (1)  If a local government government’s planning director line 14 or any equivalent local go vernment staff, including all r elevant line 15 planning and permitting departments, determines that a line 16 development submitted pursuant to this section is consistent with line 17 the objective planning standards specified in subdi vision (a) and line 18 pursuant to paragraph (3) of this subdivision, it shall approve the line 19 development. If a local go vernment determines Upon a line 20 determination that a development submitted pursuant to this section line 21 is in conflict with any of the objective planning standards specified line 22 in subdivision (a), it the local go vernment staff or relevant local line 23 planning and permitting department that made the determination line 24 shall provide the development proponent written documentation line 25 of which standard or standards the de velopment conflicts with, line 26 and an e xplanation for the reason or reasons the de velopment line 27 conflicts with that standard or standards, as follows:
line 28 (A)  Within 60 days of submittal of the development to the local line 29 government pursuant to this section if the de velopment contains line 30 150 or fewer housing units.
line 31 (B)  Within 90 days of submittal of the development to the local line 32 government pursuant to this section if the de velopment contains line 33 more than 150 housing units.
line 34 (2)  If the local government government’s planning director or line 35 any equivalent local government staff fails to provide the required line 36 documentation pursuant to paragraph (1), the de velopment shall line 37 be deemed to satisfy the objective planning standards specified in line 38 subdivision (a).
line 39 (3)  For purposes of this section, a de velopment is consistent line 40 with the objective planning standards specified in subdivision (a) 99 — 28 — SB 423

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Communication: Senate Bill 423 - Bill Text (ITEM 8 SENATE BILL 423: Land Use: Streamlined Housing Approvals: Multifamily Housing line 1 if there is substantial evidence that would allow a reasonable person line 2 to conclude that the development is consistent with the objective line 3 planning standards. The local government shall not determine that line 4 a development, including an application for a modification under line 5 subdivision (g), is in conflict with the objective planning standards line 6 on the basis that application materials are not included, if the line 7 application contains substantial e vidence that w ould allo w a line 8 reasonable person to conclude that the development is consistent line 9 with the objective planning standards.
line 10 (4)  For purposes of e valuating consistency with the objective line 11 planning standards under this section, the local government shall line 12 not require a development proponent to provide consultant studies line 13 requiring presubmittal scope appr oval by the local go vernment line 14 or other studies or materials that ar e unnecessary to ascertain line 15 consistency with the objective planning standards. line 16 (d)  (1)  Any design re view or public o versight of the line 17 development may be conducted by the local government’s planning line 18 commission or an y equivalent board or commission responsible line 19 for review and approval of development projects, or the city council line 20 or board of supervisors, as appropriate. design review. That design line 21 review or public oversight shall be objective and be strictly focused line 22 on assessing compliance with criteria required for streamlined line 23 projects, as well as an y reasonable objecti ve design standards line 24 published and adopted by ordinance or resolution by a local line 25 jurisdiction before submission of a development application, and line 26 shall be broadly applicable to development within the jurisdiction. line 27 That design review or public oversight shall be completed, and if line 28 the development is consistent with all objective standards, the local line 29 government shall appro ve the de velopment as follo ws and shall line 30 not in any way inhibit, chill, or preclude the ministerial appro val line 31 provided by this section or its effect, as applicable:
line 32 (A)  Within 90 days of submittal of the development to the local line 33 government pursuant to this section if the de velopment contains line 34 150 or fewer housing units.
line 35 (B)  Within 180 days of submittal of the de velopment to the line 36 local go vernment pursuant to this section if the de velopment line 37 contains more than 150 housing units.
line 38 (2)  If the de velopment is consistent with the requirements of line 39 subparagraph (A) or (B) of paragraph (9) of subdi vision (a) and line 40 is consistent with all objecti ve subdivision standards in the local 99 SB 423 — 29 —

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Communication: Senate Bill 423 - Bill Text (ITEM 8 SENATE BILL 423: Land Use: Streamlined Housing Approvals: Multifamily Housing line 1 subdivision ordinance, an application for a subdi vision pursuant line 2 to the Subdivision Map Act (Division 2 (commencing with Section line 3 66410)) shall be exempt from the requirements of the California line 4 Environmental Quality Act (Division 13 (commencing with Section line 5 21000) of the Public Resources Code) and shall be subject to the line 6 public oversight timelines set forth in paragraph (1). line 7 (3)  If a local go vernment determines that a de velopment line 8 submitted pursuant to this section is in conflict with an y of the line 9 standards imposed pursuant to paragraph (1), it shall pro vide the line 10 development proponent written documentation of which objective line 11 standard or standards the de velopment conflicts with, and an line 12 explanation for the reason or reasons the de velopment conflicts line 13 with that objecti ve standard or standards consistent with the line 14 timelines described in paragraph (1) of subdivision (c). line 15 (e)  (1)  Notwithstanding an y other la w, a local go vernment, line 16 whether or not it has adopted an ordinance governing automobile line 17 parking requirements in multif amily de velopments, shall not line 18 impose automobile parking standards for a streamlined line 19 development that was approved pursuant to this section in any of line 20 the following instances:
line 21 (A)  The development is located within one-half mile of public line 22 transit.
line 23 (B)  The development is located within an architecturally and line 24 historically significant historic district.
line 25 (C)  When on-street parking permits are required but not offered line 26 to the occupants of the development.
line 27 (D)  When there is a car share vehicle located within one block line 28 of the development.
line 29 (2)  If the development does not fall within any of the categories line 30 described in paragraph (1), the local government shall not impose line 31 automobile parking requirements for streamlined de velopments line 32 approved pursuant to this section that e xceed one parking space line 33 per unit.
line 34 (f)  (1)  If a local government approves a development pursuant line 35 to this section, then, notwithstanding any other law, that approval line 36 shall not e xpire if the project satisfies both of the follo wing line 37 requirements:
line 38 (A)  The project includes public in vestment in housing line 39 affordability, beyond tax credits.
99 — 30 — SB 423

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Communication: Senate Bill 423 - Bill Text (ITEM 8 SENATE BILL 423: Land Use: Streamlined Housing Approvals: Multifamily Housing line 1 (B)  At least 50 percent of the units are affordable to households line 2 making at or below 80 percent of the area median income. line 3 (2)  (A)  If a local government approves a development pursuant line 4 to this section, and the project does not satisfy the requirements line 5 of subparagraphs (A) and (B) of paragraph (1), that approval shall line 6 remain v alid for three years from the date of the final action line 7 establishing that approval, or if litigation is filed challenging that line 8 approval, from the date of the final judgment upholding that line 9 approval. Approval shall remain v alid for a project pro vided line 10 construction activity, including demolition and grading acti vity, line 11 on the development site has begun pursuant to a permit issued by line 12 the local jurisdiction and is in progress. F or purposes of this line 13 subdivision, “in progress” means one of the following:
line 14 (i)  The construction has begun and has not ceased for more than line 15 180 days.
line 16 (ii)  If the de velopment requires multiple b uilding permits, an line 17 initial phase has been completed, and the project proponent has line 18 applied for and is diligently pursuing a b uilding permit for a line 19 subsequent phase, pro vided that once it has been issued, the line 20 building permit for the subsequent phase does not lapse. line 21 (B)  Notwithstanding subparagraph (A), a local government may line 22 grant a project a one-time, one-year e xtension if the project line 23 proponent can pro vide documentation that there has been line 24 significant progress toward getting the development construction line 25 ready, such as filing a building permit application. line 26 (3)  If the de velopment proponent requests a modification line 27 pursuant to subdivision (g), then the time during which the approval line 28 shall remain v alid shall be e xtended for the number of days line 29 between the submittal of a modification request and the date of its line 30 final approval, plus an additional 180 days to allow time to obtain line 31 a building permit. If litigation is filed relating to the modification line 32 request, the time shall be further extended during the pendency of line 33 the litigation. The extension required by this paragraph shall only line 34 apply to the first request for a modification submitted by the line 35 development proponent.
line 36 (4)  The amendments made to this subdi vision by the act that line 37 added this paragraph shall also be retroacti vely applied to line 38 developments approved prior to January 1, 2022. line 39 (g)  (1)  (A)  A de velopment proponent may request a line 40 modification to a development that has been appro ved under the 99 SB 423 — 31 —

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Communication: Senate Bill 423 - Bill Text (ITEM 8 SENATE BILL 423: Land Use: Streamlined Housing Approvals: Multifamily Housing line 1 streamlined, ministerial approval process provided in subdivision line 2 (c) if that request is submitted to the local government before the line 3 issuance of the final building permit required for construction of line 4 the development.
line 5 (B)  Except as provided in paragraph (3), the local government line 6 shall approve a modification if it determines that the modification line 7 is consistent with the objecti ve planning standards specified in line 8 subdivision (a) that were in effect when the original development line 9 application was first submitted.
line 10 (C)  The local go vernment shall e valuate an y modifications line 11 requested pursuant to this subdi vision for consistenc y with the line 12 objective planning standards using the same assumptions and line 13 analytical methodology that the local government originally used line 14 to assess consistency for the de velopment that was approved for line 15 streamlined, ministerial approval pursuant to subdivision (c). line 16 (D)  A guideline that was adopted or amended by the department line 17 pursuant to subdivision (l) (m) after a development was approved line 18 through the streamlined, ministerial approval process described in line 19 subdivision (c) shall not be used as a basis to den y proposed line 20 modifications.
line 21 (2)  Upon receipt of the de velopment proponent’s application line 22 requesting a modification, the local go vernment shall determine line 23 if the requested modification is consistent with the objecti ve line 24 planning standard and either appro ve or den y the modification line 25 request within 60 days after submission of the modification, or line 26 within 90 days if design review is required.
line 27 (3)  Notwithstanding paragraph (1), the local go vernment may line 28 apply objective planning standards adopted after the development line 29 application was first submitted to the requested modification in line 30 any of the following instances:
line 31 (A)  The development is revised such that the total number of line 32 residential units or total square footage of construction changes line 33 by 15 percent or more. The calculation of the square footage of line 34 construction changes shall not include underground space. line 35 (B)  The development is revised such that the total number of line 36 residential units or total square footage of construction changes line 37 by 5 percent or more and it is necessary to subject the development line 38 to an objecti ve standard be yond those in ef fect when the line 39 development application w as submitted in order to mitig ate or line 40 avoid a specific, adv erse impact, as that term is defined in 99 — 32 — SB 423

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Communication: Senate Bill 423 - Bill Text (ITEM 8 SENATE BILL 423: Land Use: Streamlined Housing Approvals: Multifamily Housing line 1 subparagraph (A) of paragraph (1) of subdi vision (j) of Section line 2 65589.5, upon the public health or safety and there is no feasible line 3 alternative method to satisfactorily mitigate or avoid the adverse line 4 impact. The calculation of the square footage of construction line 5 changes shall not include underground space.
line 6 (C) (i) Objective building standards contained in the California line 7 Building Standards Code (T itle 24 of the California Code of line 8 Regulations), including, b ut not limited to, b uilding plumbing, line 9 electrical, fire, and grading codes, may be applied to all line 10 modification applications that are submitted prior to the first line 11 building permit application. Those standards may be applied to line 12 modification applications submitted after the first building permit line 13 application if agreed to by the development proponent. line 14 (ii) The amendments made to clause (i) by the act that added line 15 clause (i) shall also be retroacti vely applied to modification line 16 applications submitted prior to January 1, 2022. line 17 (4) The local go vernment’s review of a modification request line 18 pursuant to this subdivision shall be strictly limited to determining line 19 whether the modification, including any modification to previously line 20 approved density bonus concessions or w aivers, modify the line 21 development’s consistency with the objective planning standards line 22 and shall not reconsider prior determinations that are not affected line 23 by the modification.
line 24 (h) (1) A local go vernment shall not adopt or impose an y line 25 requirement, including, b ut not limited to, increased fees or line 26 inclusionary housing requirements, that applies to a project solely line 27 or partially on the basis that the project is eligible to recei ve line 28 ministerial or streamlined approval pursuant to this section. line 29 (2) (A) A local go vernment shall issue a subsequent permit line 30 required for a de velopment appro ved under this section if the line 31 application substantially complies with the development as it was line 32 approved pursuant to subdi vision (c). Upon receipt of an line 33 application for a subsequent permit, the local go vernment shall line 34 process the permit without unreasonable delay and shall not impose line 35 any procedure or requirement that is not imposed on projects that line 36 are not approved pursuant to this section. The local government line 37 shall consider the application for subsequent permits based upon line 38 the objective standards specified in an y state or local la ws that line 39 were in ef fect when the original de velopment application w as line 40 submitted, unless the development proponent agrees to a change 99 SB 423 — 33 —

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Communication: Senate Bill 423 - Bill Text (ITEM 8 SENATE BILL 423: Land Use: Streamlined Housing Approvals: Multifamily Housing line 1 in objecti ve standards. Issuance of subsequent permits shall line 2 implement the appro ved development, and re view of the permit line 3 application shall not inhibit, chill, or preclude the de velopment. line 4 For purposes of this paragraph, a “subsequent permit” means a line 5 permit required subsequent to receiving approval under subdivision line 6 (c), and includes, b ut is not limited to, demolition, grading, line 7 encroachment, and building permits and final maps, if necessary. line 8 (B)  The amendments made to subparagraph (A) by the act that line 9 added this subparagraph shall also be retroacti vely applied to line 10 subsequent permit applications submitted prior to January 1, 2022. line 11 (3)  (A)  If a public impro vement is necessary to implement a line 12 development that is subject to the streamlined, ministerial approval line 13 pursuant to this section, including, b ut not limited to, a bic ycle line 14 lane, sidewalk or w alkway, public transit stop, dri veway, street line 15 paving or overlay, a curb or gutter, a modified intersection, a street line 16 sign or street light, landscape or hardscape, an abo ve-ground or line 17 underground utility connection, a w ater line, fire h ydrant, storm line 18 or sanitary sewer connection, retaining wall, and any related work, line 19 and that public improvement is located on land owned by the local line 20 government, to the e xtent that the public impro vement requires line 21 approval from the local go vernment, the local go vernment shall line 22 not exercise its discretion over any approval relating to the public line 23 improvement in a manner that would inhibit, chill, or preclude the line 24 development.
line 25 (B)  If an application for a public impro vement described in line 26 subparagraph (A) is submitted to a local go vernment, the local line 27 government shall do all of the following:
line 28 (i)  Consider the application based upon any objective standards line 29 specified in an y state or local la ws that were in ef fect when the line 30 original development application was submitted. line 31 (ii)  Conduct its review and approval in the same manner as it line 32 would evaluate the public impro vement if required by a project line 33 that is not eligible to recei ve ministerial or streamlined appro val line 34 pursuant to this section.
line 35 (C)  If an application for a public impro vement described in line 36 subparagraph (A) is submitted to a local go vernment, the local line 37 government shall not do either of the following:
line 38 (i)  Adopt or impose an y requirement that applies to a project line 39 solely or partially on the basis that the project is eligible to receive line 40 ministerial or streamlined approval pursuant to this section. 99 — 34 — SB 423

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Communication: Senate Bill 423 - Bill Text (ITEM 8 SENATE BILL 423: Land Use: Streamlined Housing Approvals: Multifamily Housing line 1 (ii)  Unreasonably delay in its consideration, review, or approval line 2 of the application.
line 3 (i)  (1)  This section shall not affect a development proponent’s line 4 ability to use any alternative streamlined by right permit processing line 5 adopted by a local go vernment, including the pro visions of line 6 subdivision (i) of Section 65583.2.
line 7 (2)  This section shall not pre vent a de velopment from also line 8 qualifying as a housing de velopment project entitled to the line 9 protections of Section 65589.5. This paragraph does not constitute line 10 a change in, but is declaratory of, existing law. line 11 (j)  The California En vironmental Quality Act (Di vision 13 line 12 (commencing with Section 21000) of the Public Resources Code) line 13 does not apply to actions taken by a state agency, local government, line 14 or the San Francisco Bay Area Rapid Transit District to:
line 15 (1)  Lease, con vey, or encumber land o wned by the local line 16 government or the San Francisco Bay Area Rapid Transit District line 17 or to f acilitate the lease, con veyance, or encumbrance of land line 18 owned by the local government, or for the lease of land owned by line 19 the San Francisco Bay Area Rapid Transit District in association line 20 with an eligible TOD project, as defined pursuant to Section line 21 29010.1 of the Public Utilities Code, nor to an y decisions line 22 associated with that lease, or to pro vide financial assistance to a line 23 development that recei ves streamlined appro val pursuant to this line 24 section that is to be used for housing for persons and f amilies of line 25 very low, low, or moderate income, as defined in Section 50093 line 26 of the Health and Safety Code.
line 27 (2)  Approve improvements located on land owned by the local line 28 government or the San Francisco Bay Area Rapid Transit District line 29 that are necessary to implement a de velopment that recei ves line 30 streamlined approval pursuant to this section that is to be used for line 31 housing for persons and f amilies of v ery low, low, or moderate line 32 income, as defined in Section 50093 of the Health and Safety Code. line 33 (k)  For purposes of establishing the total number of units in a line 34 development under this c hapter, a de velopment or de velopment line 35 project includes both of the following:
line 36 (1)  All projects developed on a site , regardless of when those line 37 developments occur.
line 38 (2)  All projects developed on sites adjacent to a site developed line 39 pursuant to this chapter if, after January 1, 2023, the adjacent site 99 SB 423 — 35 —

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Communication: Senate Bill 423 - Bill Text (ITEM 8 SENATE BILL 423: Land Use: Streamlined Housing Approvals: Multifamily Housing line 1 had been subdivided fr om the site de veloped pur suant to this line 2 chapter.
line 3 (k)
line 4 (l)  For purposes of this section, the follo wing terms ha ve the line 5 following meanings:
line 6 (1)  “Affordable housing cost” has the same meaning as set forth line 7 in Section 50052.5 of the Health and Safety Code. line 8 (2)  (A)  Subject to the qualification provided by subparagraph line 9 (B), subparagraphs (B) and (C), “affordable rent” has the same line 10 meaning as set forth in Section 50053 of the Health and Safety line 11 Code.
line 12 (B)  For a development for which an application pursuant to this line 13 section was submitted prior to January 1, 2019, that includes 500 line 14 units or more of housing, and that dedicates 50 percent of the total line 15 number of units, before calculating any density bonus, to housing line 16 affordable to households making at, or belo w, 80 percent of the line 17 area median income, affordable rent for at least 30 percent of these line 18 units shall be set at an affordable rent as defined in subparagraph line 19 (A) and “af fordable rent” for the remainder of these units shall line 20 mean a rent that is consistent with the maximum rent levels for a line 21 housing development that receives an allocation of state or federal line 22 low-income housing tax credits from the California Tax Credit line 23 Allocation Committee.
line 24 (C)  For a de velopment that dedicates 100 per cent of units, line 25 exclusive of a manager’s unit or units, to lower income households, line 26 “affordable rent” shall mean a r ent that is consistent with the line 27 maximum rent levels stipulated by the public pr ogram providing line 28 financing for the development.
line 29 (3)  “Department” means the Department of Housing and line 30 Community Development.
line 31 (4)  “Development proponent” means the developer who submits line 32 an application for streamlined appro val a housing de velopment line 33 project application to a local government under the streamlined, line 34 ministerial review process pursuant to this section. line 35 (5)  “Completed entitlements” means a housing de velopment line 36 that has received all the required land use approvals or entitlements line 37 necessary for the issuance of a building permit. line 38 (6)  “Health car e e xpenditures” include contrib utions under line 39 Section 401(a), 501(c), or 501(d) of the Internal Re venue Code 99 — 36 — SB 423

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Communication: Senate Bill 423 - Bill Text (ITEM 8 SENATE BILL 423: Land Use: Streamlined Housing Approvals: Multifamily Housing line 1 and payments towar d “medical car e,” as defined in Section line 2 213(d)(1) of the Internal Revenue Code.
line 3 (7)  “Housing development project” has the same meaning as line 4 in Section 65589.5.
line 5 (6)
line 6 (8)  “Locality” or “local government” means a city, including a line 7 charter city, a county , including a charter county , or a city and line 8 county, including a charter city and county.
line 9 (7)  “Moderate income
line 10 (9)  “Moderate-income housing units” means housing units with line 11 an af fordable housing cost or af fordable rent for persons and line 12 families of moderate income, as that term is defined in Section line 13 50093 of the Health and Safety Code.
line 14 (10)  “Objective planning standards” shall not include standards line 15 in the California Building Standar ds Code (T itle 24 of the line 16 California Code of Regulations), local building codes, fire codes, line 17 noise or dinances, other codes r equiring detailed tec hnical line 18 specifications, studies that are evaluated with subsequent permits, line 19 or other standards that are not reasonably ascertainable by the line 20 local government within the time limits set forth in subdivisions line 21 (c) and (d). Excluded objective planning standar ds include, but line 22 are not limited to, construction lo gistics plans, plumbing plans, line 23 electrical plans, grading, excavation plans, geotechnical studies, line 24 and offsite public improvement plans.
line 25 (8)
line 26 (11)  “Production report” means the information reported line 27 pursuant to subparagraph (H) of paragraph (2) of subdi vision (a) line 28 of Section 65400.
line 29 (9)
line 30 (12)  “State agenc y” includes e very state office, officer , line 31 department, division, bureau, board, and commission, but does not line 32 include the California State Uni versity or the Uni versity of line 33 California.
line 34 (10)  “Subsidized” means units that are price or rent restricted line 35 such that the units are af fordable to households meeting the line 36 definitions of very low and lower income, as defined in Sections line 37 50079.5 and 50105 of the Health and Safety Code. line 38 (11)
line 39 (13)  “Reporting period” means either of the following:
99 SB 423 — 37 —

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Communication: Senate Bill 423 - Bill Text (ITEM 8 SENATE BILL 423: Land Use: Streamlined Housing Approvals: Multifamily Housing line 1 (A)  The first half of the re gional housing needs assessment line 2 cycle.
line 3 (B)  The last half of the regional housing needs assessment cycle. line 4 (12)
line 5 (14)  “Urban uses” means an y current or former residential, line 6 commercial, public institutional, transit or transportation passenger line 7 facility, or retail use, or any combination of those uses. line 8 (l)
line 9 (m)  The department may re view, adopt, amend, and repeal line 10 guidelines to implement uniform standards or criteria that line 11 supplement or clarify the terms, references, or standards set forth line 12 in this section. Any guidelines or terms adopted pursuant to this line 13 subdivision shall not be subject to Chapter 3.5 (commencing with line 14 Section 11340) of Part 1 of Division 3 of Title 2 of the Government line 15 Code.
line 16 (m)
line 17 (n)  The determination of whether an application for a line 18 development is subject to the streamlined ministerial appro val line 19 process provided by subdivision (c) is not a “project” as defined line 20 in Section 21065 of the Public Resources Code.
line 21 (o)  Notwithstanding any law, for purposes of this section and line 22 for development on property owned by or leased to the state , the line 23 Department of General Services may act in the place of a locality line 24 or local government, at the discretion of the department. line 25 (p)  The pr ovisions of clause (iii) of subpar agraph (E) of line 26 paragraph (8) of subdivision (a) r elating to health car e line 27 expenditures ar e distinct and se verable fr om the r emaining line 28 provisions of this section. Howe ver, the r emaining portions of line 29 paragraph (8) of subdivision (a) are a material and integral part line 30 of this section and are not severable. If any provision or application line 31 of par agraph (8) of subdivision (a) is held in valid, this entir e line 32 section shall be null and void.
line 33 (n)
line 34 (q)  It is the polic y of the state that this section be interpreted line 35 and implemented in a manner to afford the fullest possible weight line 36 to the interest of, and the appro val and pro vision of, increased line 37 housing supply.
line 38 (o)  This section shall remain in effect only until January 1, 2026, line 39 and as of that date is repealed.
99 — 38 — SB 423

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Communication: Senate Bill 423 - Bill Text (ITEM 8 SENATE BILL 423: Land Use: Streamlined Housing Approvals: Multifamily Housing line 1 SEC. 3. The Legislature finds and declares that ensuring access line 2 to affordable housing is a matter of state wide concern and is not line 3 a municipal affair as that term is used in Section 5 of Article XI line 4 of the California Constitution. Therefore, Section 2 of this act line 5 amending Section 65913.4 of the Government Code applies to all line 6 cities, including charter cities.
line 7 SEC. 4. No reimbursement is required by this act pursuant to line 8 Section 6 of Article XIIIB of the California Constitution because line 9 a local agency or school district has the authority to le vy service line 10 charges, fees, or assessments sufficient to pay for the program or line 11 level of service mandated by this act or because costs that may be line 12 incurred by a local agenc y or school district will be incurred line 13 because this act creates a ne w crime or infraction, eliminates a line 14 crime or infraction, or changes the penalty for a crime or infraction, line 15 within the meaning of Section 17556 of the Government Code, or line 16 changes the definition of a crime within the meaning of Section 6 line 17 of Article XIII B of the California Constitution.

O
99 SB 423 — 39 —

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Communication: Senate Bill 423 - Bill Text (ITEM 8 SENATE BILL 423: Land Use: Streamlined Housing Approvals: Multifamily Housing

Legislative Committee – March 30, 2023

League of California Cities Update
1 Recommendation

Legislative Committee discuss and provide direction to staff.

Summary

The Santa Clarita City Council Legislative Committee (Legislative Committee) received an analysis regarding the League of California Cities (Cal Cities) at the March 1, 2023, Legislative Committee meeting. At that meeting, staff presented that the Torrance City Council voted unanimously to discontinue its Cal Cities membership.

On March 21, 2023, the Redondo Beach City Council discontinued their Cal Cities Membership on a 3-2 vote, citing similar concerns raised by the Torrance City Council, including Cal Cities’ efforts to protect local land use authority. In anticipation of Redondo Beach’s action, a letter by Cal Cities Executive Director and CEO, Carolyn Coleman, dated March 15, 2023, was sent to the Redondo Beach City Council. The letter, which is attached to this report, shares that the Cal Cities Board of Directors met in February 2023 and directed Cal Cities staff to launch a public awareness campaign that showcases the work cities are doing on housing. The letter also mentions that the Cal Cities Board of Directors approved preliminary recommendations related to the General Assembly to, “strengthen and enhance” the annual conference, including changing the time of the General Assembly, which is typically held on Friday. Also attached to this report is a report generated by Cal Cities, titled “Cal Cities Delivers,” which was cited in Carolyn Coleman’s letter and outlines recent Cal Cities accomplishments.

During the Redondo Beach City Council meeting on March 21, 2023, a Cal Cities representative addressed the Redondo Beach City Council and mentioned that the ballot initiative supported by a group of cities, including Redondo Beach, which was redirected to Cal Cities’ policy committees at the last General Assembly was heard by those policy committees in February 2023 and ultimately the policy committees and Cal Cities Board of Directors voted to not take any action related to the initiative, citing concerns related to the initiative’s language, potential costs, and its viability.

As directed by the Legislative Committee on March 1, 2023, City staff is coordinating a future Legislative Committee meeting with Carolyn Coleman.

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Communication: Cal Cities Update - Staff Report (ITEM 9 League of California Cities Update)

2022-2023

CAL CITIES OFFICERS
President
Ali Sajjad Taj
Council Member,
Artesia

First Vice President
Daniel Parra
Mayor,
Fowler

Second Vice President
Lisa Middleton
Council Member,
Palm Springs

Immediate Past President
Cindy Silva
Mayor,
Walnut Creek

Executive Director
and CEO
Carolyn M. Coleman

1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org

March 15, 2023

Dear Mayor Brand, Council Members, City Manager Witzansky,

In advance of your council meeting next week, I am writing to update you on some recent League of California Cities developments that may be of interest to you.

When the Cal Cities Board of Directors met last month in Artesia, Board members focused on how Cal Cities can strengthen its advocacy for local solutions to the housing crisis. Following a closed session, the Board directed Cal Cities to proactively drive a housing agenda that respects local decision- making and launch a public awareness campaign that showcases the work cities are doing on housing.

The Board also approved preliminary recommendations to strengthen and enhance the Cal Cities General Assembly in time for this year’s Annual Conference in Sacramento. These recommendations – which Cal Cities drew directly from the input of member cities, including Redondo Beach – included: updating the voting delegates selection guidelines, changing the timing of the General Assembly, and exploring the use of electronic voting technology. The Board will consider additional updates and recommendations during the next Board meeting, April 14-15 in Sacramento.

Cal Cities delivers major victories for cities year after year, fighting for local control, securing billions of dollars in new funding, and protecting existing resources. I’ve included our Cal Cities Delivers Win Record that demonstrates our success record in 2022.

We trust that this information will be useful to you and hope that you will continue your membership with Cal Cities.

Thank you for your ongoing engagement to strengthen the collective work of California’s cities to improve the quality of life for all California residents.

Sincerely,

Carolyn M. Coleman
Executive Director and CEO
League of California Cities
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Communication: Letter from Carolyn Coleman Executive Director and CEO Cal Cities (ITEM 9 League of California Cities Update) The League of California Cities delivers major victories for cities year after year — fighting for local control, securing billions of dollars in new funding, and protecting existing city resources. 100+
bills/ballot measures
passed or defeated to
retain local control
$13 Billion
in new funding
for cities in the
past five years
Dozens
of lawsuits won protecting
local control and
city interests

COMMUNITY WELLNESS AND PUBLIC SAFETY
AB 662 (2022) Creates the first statewide peer-to-peer suicide prevention program for first responders.

Passed WIN
AB 1740 and
SB 1087 (2022)
Creates requirements for recyclers, buyers, and sellers of catalytic converters. Passed WIN SB 1338 (2022) Creates the Community Assistance Recovery and Empowerment (CARE) Court program.

Amendments
secured, passed
WIN
AB 1014 (2022) Would have increased the value of transported cannabis goods to $10,000. Defeated WIN SB 1000 (2022) Would have required law enforcement agencies to decrypt communication lines. Defeated WIN SB 1282 (2022) Would have undermined the agreed allocations of the Opioid Master Settlement. Defeated WIN

ORGANIC WASTE AND RECYCLING
AB 1985 (2022) Gives cities two more years to comply with organic waste diversion procurement requirements.

Passed WIN
SB 54 (2022) Requires single-use packaging and plastic ware to be recyclable or compostable by 2032.

Passed WIN

HOUSING
AB 2053 (2022) Would have added a new layer of state bureaucracy to build housing. Defeated WIN AB 2428 (2022) Would have required cities to expend or return mitigation fees to developers. Defeated WIN AB 2631 (2022) Would have allowed litigation between public entities regarding their homelessness policies.

Defeated WIN

TRANSPORTATION
SB 932 (2022) Requires general plans to include bicycle, pedestrian, and traffic calming plans. Amendments secured, passed
WIN
AB 2438 (2022) Would have given the state unprecedented control over local transportation projects.

Defeated WIN
AB 2237 (2022) Would have restricted expenditures for transportation projects that do not reduce vehicle miles traveled.

Defeated WIN

FISCAL SUSTAINABILITY AND GOVERNANCE
AB 2647 (2022) Allows government material to be shared online with a legislative body. Passed WIN AB 1951 (2022) Would have provided manufacturing companies with a sales tax break on new equipment.

Defeated WIN

LEGISLATIVE
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Communication: Cal Cities Report (ITEM 9 League of California Cities Update) www.calcities.org
California Business Roundtable Initiative, “Taxpayer Protection and Government Accountability Act” – Would create stricter rules for raising taxes, fees, assessments, and property-related fees.

Failed to Qualify for 2022 WIN

BALLOT MEASURES

LEGISLATIVE FUNDING
$180 million to help cities implement organic waste diversion regulations. Funding secured WIN $700 million to help local governments resolve homeless encampments and transition individuals into permanent housing.

Funding secured WIN
$200 million to support and increase California’s behavioral health workforce. Funding secured WIN $1 billion to support cities’ efforts to address the housing supply and affordability crisis. Funding secured WIN $550 million to support the completion of the Broadband Middle Mile Initiative. Funding secured WIN FISCAL SUSTAINABILITY AND GOVERNANCE (CONT.)
SB 924 (2022) Would have authorized withholding funds from cities not meeting reporting deadlines on financial data.

Defeated WIN
AB 1173 and
SB 1328 (2022)
Would have required CalPERS to divest from specific companies. Defeated WIN LEGAL
Hobbs v. City of Pacific Grove – CA Court of Appeal issued a favorable ruling that one does not possess vested rights to renew city-issued, time-limited short-term rental licenses.

Court agreed with
Cal Cities’ legal position
WIN
Old East Davis Neighborhood Association v. City of Davis – CA Court of Appeal upheld cities’ discretion to interpret their land use plans.

Court agreed with
Cal Cities’ legal position
WIN
California River Watch v. City of Vacaville – Federal Court of Appeals issued opinion limiting liability under the federal Resource Conservation and Recovery Act to only those water transporters, including cities, who actively participate in the waste disposal process.

Court agreed with
Cal Cities’ legal position
WIN
Kinney v. Superior Court – CA Court of Appeal issued a favorable an opinion in a case concerning whether disclosure of arrest records under the California Public Records Act is limited to contemporaneous records.

Court agreed with
Cal Cities’ legal position
WIN
American Rescue Plan Act Final Rule – Secured additional flexibility for how cities can spend funds.

Flexibility secured WIN
Infrastructure Investment and Jobs Act – Secured a streamlined application process to make it easier for cities to apply for and utilize funds.

Streamlining secured WIN

FEDERAL

REGULATORY
CalPERS Retired Annuitant Regulations – Would limit retired annuitants’ type and timeframe of work they can perform for public agencies.

Draft regulations improved WIN
Air Resources Board Advanced Clean Fleets Regulations – Would transition California’s medium-and heavy-duty diesel fleets to zero-emissions vehicles in less than 20 years.

Flexibility and state
cooperation secured
WIN
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Communication: Cal Cities Report (ITEM 9 League of California Cities Update)

Legislative CommitteeMarch 30, 2023

Legislative Committee
March 30, 2023