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 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
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.
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 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 does not apply to the ministerial approval of projects.
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 —
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
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 —
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
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 —
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
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 —
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
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:
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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
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 —
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
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.
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98 SB 4 — 15 —