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 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
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 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 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 —
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
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 —
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
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 —
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
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 —
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
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 —
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
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 —
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
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 —
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
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 —
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
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 —
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
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 —
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.
99 — 22 — SB 423
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 —
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.
99 — 24 — SB 423
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 —
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
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 —
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
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 —
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.
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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 —
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
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 —
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
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 —
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
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 —
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
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 —