Agenda packet — Legislative Committee, March 18, 2024

Legislative Committee – March 18, 2024

Assembly Bill 2309 – City Attorney: State Law: Misdemeanor

1 Recommendation

Legislative Committee recommend support of Assembly Bill 2309.

Summary

Introduced by Assembly Member Al Muratsuchi (D-66-Torrance), Assembly Bill 2309 removes the requirement that a city, in seeking the authority to prosecute misdemeanors, must obtain consent from their district attorney.

Background

There are 13 cities in California that prosecute penal code misdemeanors. All 13 cities are charter cities. While some misdemeanors may be prosecuted by a city under statute, mostly health and safety matters, penal code misdemeanors can only be prosecuted with permission from the district attorney or by virtue of language in a city’s charter.

This legislation authorizes a city attorney of any general law or charter city to prosecute misdemeanors committed within the city they serve without needing to obtain consent from the district attorney.

On March 9, 2021, the City Council became the first local government to adopt a resolution of a vote of no confidence in District Attorney George Gascon (DA Gascon), citing significant concerns and opposition to some of the Special Directives unilaterally adopted in December 2020 by DA Gascon, including Special Directives 20-06, 20-07 and 20-08. Following the City Council’s action in March 2021, more than 30 other cities have also adopted a vote of no confidence in DA Gascon, resulting in over one-third of all cities in Los Angeles County adopting a vote of no confidence in DA Gascon.

The following outlines Special Directives 20-06, 20-07, and 20-08:

Special Directive 20-06: Pretrial Release Policy (Elimination of Cash Bail)

• Among other things, deputy district attorneys shall not request cash bail for any misdemeanor, non-serious felony, or non-violent felony offense.

• Deputy district attorneys shall not object to the release of anyone currently incarcerated in Los Angeles County on cash bail who would be eligible for release under this Special Directive.

Packet Pg. 4
Communication: Assembly Bill 2309 - Staff Report (ITEM 1 ASSEMBLY BILL 2309: City Attorney: State Law: Misdemeanor) 2 Special Directive 20-07: Misdemeanor Case Management

• The following misdemeanor charges shall be declined or dismissed before arraignment and without conditions unless “exceptions” or “factors for consideration” exist:

o Trespass, Disturbing the Peace, Driving Without a Valid License, Driving on a Suspended License, Criminal Threats, Drug & Paraphernalia Possession, Minor in Possession of Alcohol, Drinking in Public, Under the Influence of Controlled Substance, Public Intoxication, Loitering, Loitering to Commit Prostitution, and Resisting Arrest

• Exceptions and factors for consideration include repeat offenders in the preceding 24 months, however, some misdemeanors listed do not have exceptions or factors of consideration identified.

Special Directive 20-08: Sentencing Enhancements/Allegations

• The following sentence enhancements or sentencing allegations shall not be filed in any cases and shall be withdrawn in pending matters:

o Any prior-strike enhancements, including the Three Strikes Law; STEP Act enhancements (also known as “gang enhancements”); violations of bail; firearm allegations; and Special Circumstances, including Special Circumstances - including lying in wait and murder committed in the attempt to kidnap.

o Amendments 20-08.1 and 20-08.2 were issued on December 15, 2020, and December 18, 2020, to make further clarification of Special Directive 20-08, including:

▪ Deputy district attorneys may pursue the following allegations, enhancements, and alternative sentencing schemes: Hate Crime, Elder and Dependent Adult Abuse, Child Physical Abuse, Child and Adult Sexual Abuse, Human Sex Trafficking, and Financial Crime.

On April 26, 2022, the City Council adopted a resolution to support the recall of DA Gascon.

The recall effort failed to obtain enough valid signatures to qualify, however, there is pending litigation with regard to the verification of signatures.

Additionally, approximately 98 percent of members of the Association of Deputy District Attorneys for Los Angeles County, which is a collective bargaining agent and represents over 800 deputy district attorneys, voted to support the recall of DA Gascon.

Moreover, the Special Directives have resulted in a significant increase in repeat offenders, predominantly due to the historically high level of cases declined by the district attorney’s office.

Since the Special Directives were implemented, the district attorney’s office has declined to Packet Pg. 5
Communication: Assembly Bill 2309 - Staff Report (ITEM 1 ASSEMBLY BILL 2309: City Attorney: State Law: Misdemeanor) 3 prosecute approximately 46 percent of all cases reported by the Santa Clarita Valley Sheriff’s Station.

This is an estimated 35 percent increase in the rate of declined cases in comparison to the previous two district attorneys, Steve Cooley and Jackie Lacey. Subsequently, repeat offenders represent nearly one-half of all arrests made in the City of Santa Clarita.

Furthermore, Part I crimes within the jurisdiction of the Santa Clarita Valley Sheriff’s Station have increased by approximately 18 percent in the last year and 35 percent in comparison to five years ago. Part I crimes that have increased within the past year include aggravated assault, burglary, and grand theft auto.

The recommendation to support Assembly Bill 2309 is consistent with the City of Santa Clarita 2024 Executive and Legislative Platform. Specifically, Component 2 under the “State” section advises that the City Council, “Support legislative efforts to address the negative impacts of AB 109, Proposition 47, and Proposition 57 on local governments and provide local law enforcement with the appropriate tools to reduce criminal activity.”

Supporters

Unknown at this time.

Opponents

Unknown at this time.

Bill Status

Assembly Bill 2309 was introduced on February 12, 2024, and referred to the Assembly Committee on Public Safety. A hearing date had not been scheduled at the time this report was developed.

Packet Pg. 6
Communication: Assembly Bill 2309 - Staff Report (ITEM 1 ASSEMBLY BILL 2309: City Attorney: State Law: Misdemeanor) california legislature—2023–24 regular session
ASSEMBLY BILL No. 2309
Introduced by Assembly Member Muratsuchi
February 12, 2024
An act to amend Section 41803.5 of the Government Code, to amend Section 115885 of the Health and Safety Code, and to amend Section 633.05 of the Penal Code, relating to local government. legislative counsel’s digest
AB 2309, as introduced, Muratsuchi. City attorne y: state la w:
misdemeanor.
(1) Existing law authorizes the city attorney of any general law city or chartered city to, with the consent of the district attorne y of that county, prosecute any misdemeanor committed within the city arising out of violation of state law, as specified.

This bill would remove the above-described consent requirement and, instead, authorize the city attorney of any general law city or chartered city to prosecute an y misdemeanor committed within the city arising out of violation of state law. The bill would make conforming changes. (2) Existing law makes violations of specified standards relating to public beaches by an y pri vate person a misdemeanor . Existing la w requires, subject to specified limitations, a health officer, as defined, to report any violation of those standards to the district attorney, or to the city attorney if the violation occurred in that city and the city attorney is authorized by the district attorne y of that county to prosecute an y misdemeanor committed within the city, as specified.

This bill w ould, instead, require a health officer to report the above-described violations to the district attorne y and city attorne y without the limitation described abo ve. By increasing the reporting

99 Packet Pg. 7
Communication: Assembly Bill 2309 - Bill Textt (ITEM 1 ASSEMBLY BILL 2309: City Attorney: State Law: Misdemeanor) obligations of a health officer, as specified above, the bill would impose a state-mandated local program.
(3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state.

Statutory provisions establish procedures for making that reimbursement.

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

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 41803.5 of the Government Code is line 2 amended to read:
line 3 41803.5. (a)  With the consent of the district attorne y of the line 4 county, the The city attorney of any general law city or chartered line 5 city within the county may prosecute any misdemeanor committed line 6 within the city arising out of violation of state la w. This section line 7 shall not be deemed to af fect any of the pro visions of Section line 8 72193.
line 9 (b)  In an y case in which the district attorne y is granted an y line 10 powers or access to information with regard to the prosecution of line 11 misdemeanors, this grant of powers or access to information shall line 12 be deemed to apply to any other officer charged with the duty of line 13 prosecuting misdemeanor char ges in the state, as authorized by line 14 law.
line 15 SEC. 2. Section 115885 of the Health and Safety Code is line 16 amended to read:
line 17 115885. (a)  The health officer ha ving jurisdiction o ver the line 18 area in which a public beach is created shall:
line 19 (1)  Inspect the public beach to determine whether the standards line 20 established pursuant to Section 115880 are being complied with. line 21 If the health officer finds any violation of the standards, he or she line 22 the health officer may restrict the use of, or close, the public beach line 23 or portion thereof in which the violation occurs until the standard line 24 is complied with.
line 25 (2)  Investigate an y complaint of a violation of an y standard line 26 established by the department pursuant to Section 115880. If the 99 — 2 — AB 2309

Packet Pg. 8
Communication: Assembly Bill 2309 - Bill Textt (ITEM 1 ASSEMBLY BILL 2309: City Attorney: State Law: Misdemeanor) line 1 health officer finds an y violation of the standards prescribed by line 2 the department, he or she the health officer may restrict the use line 3 of, or close, the public beach or portion thereof until the standard line 4 is complied with. If the person who made the complaint is not line 5 satisfied with the action taken by the health officer, he or she they line 6 may report the violation to the department. The department shall line 7 investigate the reported violation, and, if it finds that the violation line 8 exists, it may restrict the use of or close the public beach or portion line 9 thereof until the standard violated is complied with. line 10 (3)  Whenever a beach is posted, closed, or otherwise restricted line 11 in accordance with Section 115915, inform the agency responsible line 12 for the operation and maintenance of the public beach within 24 line 13 hours of the posting, closure, or restriction.
line 14 (4)  Establish a telephone hotline to inform the public of all line 15 beaches currently closed, posted, or otherwise restricted. The line 16 hotline shall be updated as needed in order to con vey changes in line 17 public health risks.
line 18 (5)  Report any violation of the standards established pursuant line 19 to Section 115880 to the district attorne y, or if the violation line 20 occurred in a city and, pursuant to Section 41803.5 of the line 21 Government Code, the city attorne y is authorized to prosecute line 22 misdemeanors, to the city attorney. city, to a city attorney. line 23 (6)  In the e vent of a kno wn untreated se wage release, line 24 immediately test the w aters adjacent to the public beach and to line 25 take action pursuant to re gulations established under Sections line 26 115880 and 115881.
line 27 (7)  Notwithstanding any other provision of law, in the event of line 28 an untreated se wage release that is kno wn to ha ve reached line 29 recreational waters adjacent to a public beach, immediately close line 30 those waters until it has been determined by the local health officer line 31 that the waters are in compliance with the standards established line 32 pursuant to Section 115880.
line 33 (b)  If the department is a ware of an untreated se wage release line 34 that has reached recreational w aters adjacent to a public beach, line 35 and that the local health officer has not tak en action to close the line 36 beach, it may take action to close those waters until the waters are line 37 in compliance.
line 38 (c)  Any duty imposed upon a local public officer or agenc y line 39 pursuant to this section shall be mandatory only during a fiscal line 40 year in which the Legislature has appropriated sufficient funds, as 99 AB 2309 — 3 —

Packet Pg. 9
Communication: Assembly Bill 2309 - Bill Textt (ITEM 1 ASSEMBLY BILL 2309: City Attorney: State Law: Misdemeanor) line 1 determined by the State Public Health Officer, in the annual Budget line 2 Act or otherwise for local agencies to co ver the costs to those line 3 agencies associated with the performance of these duties. The State line 4 Public Health Officer shall annually, within 15 days after enactment line 5 of the Budget Act, file a written statement with the Secretary of line 6 the Senate and with the Chief Clerk of the Assembly memorializing line 7 whether sufficient funds have been appropriated. line 8 SEC. 3. Section 633.05 of the Penal Code is amended to read:
line 9 633.05. (a) Nothing in Section 632, 632.5, 632.6, or 632.7 line 10 prohibits a city attorney acting under authority of Section 41803.5 line 11 of the Government Code, provided that authority is granted prior line 12 to January 1, 2012, or any person acting pursuant to the direction line 13 of one of those city attorneys acting within the scope of his or her line 14 their authority, from overhearing or recording any communication line 15 that they could lawfully overhear or record.
line 16 (b) Nothing in Section 632, 632.5, 632.6, or 632.7 renders line 17 inadmissible any evidence obtained by the above-named persons line 18 by means of o verhearing or recording an y communication that line 19 they could lawfully overhear or record.
line 20 SEC. 4. If the Commission on State Mandates determines that line 21 this act contains costs mandated by the state, reimb ursement to line 22 local agencies and school districts for those costs shall be made line 23 pursuant to Part 7 (commencing with Section 17500) of Division line 24 4 of Title 2 of the Government Code.

O
99 — 4 — AB 2309

Packet Pg. 10
Communication: Assembly Bill 2309 - Bill Textt (ITEM 1 ASSEMBLY BILL 2309: City Attorney: State Law: Misdemeanor)

Legislative Committee – March 18, 2024

Assembly Bill 2814 – Crimes: Unlawful Entry:

Intent to Commit Package Theft
1 Recommendation

Legislative Committee recommend support of Assembly Bill 2814.

Summary

Introduced by Assembly Member Evan Low (D-26-Campbell), Assembly Bill 2814 makes it a crime to enter the exterior of a home with the intent to steal a package and makes the crime punishable as a misdemeanor or felony.

Background

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

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

According to the United States Census Bureau, E-commerce retail sales in the country in 2023 totaled $1,118.7 billion and accounted for approximately 15.4 percent of total sales. The growing number of retail products delivered to doorsteps has resulted in a dramatic increase in the number of thieves targeting the porches, patios, and doorsteps of online shoppers.

According to SafeWise, approximately 119 million packages were stolen in 2023 in the country, accounting for $6 billion in stolen goods.

The recommendation to support Assembly Bill 2814 is consistent with the City of Santa Clarita 2024 Executive and Legislative Platform. Specifically, Component 2 under the “State” section advises that the City Council, “Support legislative efforts to address the negative impacts of AB 109, Proposition 47, and Proposition 57 on local governments and provide local law enforcement with the appropriate tools to reduce criminal activity.”

Supporters

Unknown at this time.

Packet Pg. 11
Communication: Assembly Bill 2814 - Staff Report (ITEM 2 ASSEMBLY BILL 2814: Crimes: Unlawful Entry: Intent to Commit Package Theft)

2 Opponents

Unknown at this time.

Bill Status

Assembly Bill 2814 was introduced on February 15, 2024, and referred to the Assembly Committee on Public Safety. A hearing date had not been scheduled at the time this report was developed.

Packet Pg. 12
Communication: Assembly Bill 2814 - Staff Report (ITEM 2 ASSEMBLY BILL 2814: Crimes: Unlawful Entry: Intent to Commit Package Theft) california legislature—2023–24 regular session
ASSEMBLY BILL No. 2814
Introduced by Assembly Member Low
February 15, 2024
An act to add Chapter 9 (commencing with Section 540) to Title 13 of Part 1 of the Penal Code, relating to crimes.
legislative counsel’s digest
AB 2814, as introduced, Low. Crimes: unla wful entry: intent to commit package theft.

Under existing law, a person who enters a house, room, apartment, or other specified structure, with intent to commit larceny or any felony, is guilty of burglary in the first or 2nd degree, as specified. Burglary in the first degree is punishable by imprisonment in the state prison for 2, 4, or 6 years, and b urglary in the 2nd de gree is punishable as a misdemeanor by imprisonment in a county jail not exceeding one year, or as a felony by imprisonment in a county jail for 16 months, or 2 or 3 years.

This bill w ould prohibit a person from entering the curtilage of a home, as defined, with the intent to commit theft of a package shipped through the mail or deli vered by a public or pri vate carrier. The bill would mak e a violation of that prohibition punishable as either a misdemeanor or a felon y, as specified. By creating a ne w crime, the bill would impose a state-mandated local program.

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

Statutory provisions establish procedures for making that reimbursement.

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

99 Packet Pg. 13
Communication: Assembly Bill 2814- Bill Text (ITEM 2 ASSEMBLY BILL 2814: Crimes: Unlawful Entry: Intent to Commit Package Theft) 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. Chapter 9 (commencing with Section 540) is line 2 added to Title 13 of Part 1 of the Penal Code, to read:
line 3
line 4 Chapter 9. Unlawful Entry onto Property
line 5
line 6 540. (a)  A person shall not enter the curtilage of a home with line 7 the intent to commit theft of a package shipped through the mail line 8 or delivered by a public or private carrier.
line 9 (b)  A violation of subdivision (a) is punishable by imprisonment line 10 in the county jail not exceeding one year or pursuant to subdivision line 11 (h) of Section 1170.
line 12 (c)  For purposes of this section, “curtilage” means an area line 13 adjacent to or in the immediate area of the home, and to which the line 14 activity of home life extends, including, but not limited to, a porch, line 15 doorstep, patio, stoop, driveway, hallway, or enclosed yard. line 16 SEC. 2. No reimbursement is required by this act pursuant to line 17 Section 6 of Article XIIIB of the California Constitution because line 18 the only costs that may be incurred by a local agenc y or school line 19 district will be incurred because this act creates a ne w crime or line 20 infraction, eliminates a crime or infraction, or changes the penalty line 21 for a crime or infraction, within the meaning of Section 17556 of line 22 the Government Code, or changes the definition of a crime within line 23 the meaning of Section 6 of Article XIII B of the California line 24 Constitution.

O
99 — 2 — AB 2814

Packet Pg. 14
Communication: Assembly Bill 2814- Bill Text (ITEM 2 ASSEMBLY BILL 2814: Crimes: Unlawful Entry: Intent to Commit Package Theft)

Legislative Committee – March 18, 2024

Assembly Bill 2943 – Crimes: Shoplifting

1 Recommendation

Legislative Committee recommend support of Assembly Bill 2943.

Summary

Introduced by Assembly Member Rich Chavez Zbur (D-51-Los Angeles), Assembly Bill 2943, also known as the California Retail Theft Reduction Act, creates a new crime of retail theft with the intent to sell, punishable for up to one year in county jail and allows for arrests of suspected shoplifters to be made even if an officer does not physically witness the crime.

Background

According to the Public Policy Institute of California, which had researchers testify to the State Assembly Select Committee on Retail Theft, overall felony retail theft was up 16 percent in 2022 compared to 2019. Commercial robbery, which includes thefts in which force is used or threatened, like some smash-and-grab thefts, was up 13 percent over the same time period.

The recommendation to support Assembly Bill 2943 is consistent with the City of Santa Clarita 2024 Executive and Legislative Platform. Specifically, Component 2 under the “State” section advises that the City Council, “Support legislative efforts to address the negative impacts of AB 109, Proposition 47, and Proposition 57 on local governments and provide local law enforcement with the appropriate tools to reduce criminal activity.”

Packet Pg. 15
Communication: Assembly Bill 2943 - Staff Report (ITEM 3 ASSEMBLY BILL 2943: Crimes: Shoplifting) 2 Supporters

Unknown at this time.

Opponents

Unknown at this time.

Bill Status

Assembly Bill 2942 was introduced on February 15, 2024, and referred to the Assembly Committee on Public Safety. A hearing date had not been scheduled at the time this report was developed.

Packet Pg. 16
Communication: Assembly Bill 2943 - Staff Report (ITEM 3 ASSEMBLY BILL 2943: Crimes: Shoplifting) california legislature—2023–24 regular session
ASSEMBLY BILL No. 2943
Introduced by Assembly Members Zbur and Robert Rivas
February 15, 2024
An act to amend Sections 487, 836, and 853.6 of, and to add Sections 496.6 and 1203g to, the Penal Code, relating to crimes. legislative counsel’s digest
AB 2943, as introduced, Zbur. Crimes: shoplifting.
(1) Existing law divides theft into grand theft and petty theft. Existing law punishes petty theft as a misdemeanor while grand theft is punished as either a misdemeanor or a felon y. Existing law lists specific types of theft which are grand theft and all other cases of theft as petty theft.

Existing law authorizes a person to be char ged with grand theft if the property taken exceeds $950 over the course of distinct but related acts.

This bill would clarify that those related acts include acts committed against multiple victims or in counties other than the county of the current offense.
(2) Existing law prohibits the possession or receipt of stolen property, as specified. A violation of this prohibition is punishable as either a misdemeanor or a felony, depending on the v alue of the property and whether the offender has certain prior convictions.

This bill would make it a crime for an y person to possess property unlawfully that was acquired through one or more acts of shoplifting, theft, or burglary from a retail business, if the property is not possessed for personal use and the person has intent to sell, e xchange, or return the merchandise for v alue, or the intent to act in concert with one or more persons to sell, e xchange, or return the merchandise for v alue, and the value of the possessed property exceeds $950.

99 Packet Pg. 17
Communication: Assembly Bill 2943 - Bill Text (ITEM 3 ASSEMBLY BILL 2943: Crimes: Shoplifting) The bill w ould, for the purpose of determining the v alue of the property, aggregate the property with any other property possessed by the person with that intent within the prior three years and with an y property possessed by another person acting in concert with the first person to sell, e xchange, or return the merchandise for v alue, if that property was also acquired unlawfully. The bill would make this crime punishable as a misdemeanor or a felony. By creating a new crime, this bill would impose a state-mandated local program.
(3) Existing la w prohibits shoplifting, defined as entering a commercial establishment with intent to commit theft while that establishment is open during re gular business hours, where the v alue of the property that is tak en or intended to be tak en does not e xceed $950. Existing law requires an act that falls within this definition to be charged as shoplifting and not as burglary or theft. Under existing law, shoplifting is punishable as a misdemeanor, except when the defendant has prior convictions, as specified.

Existing law authorizes a peace officer to mak e a warrantless arrest for a misdemeanor when the officer has probable cause to belie ve the person to be arrested has committed the misdemeanor in the officer’ s presence. Existing law also authorizes a private person to make an arrest for a misdemeanor committed in their presence, and requires the person to deliver the arrested person to a peace officer or magistrate. Existing law additionally authorizes a merchant to detain a person for a reasonable time and in a reasonable manner to determine if a person has unlawfully taken merchandise.

Existing law authorizes a peace officer to mak e a warrantless arrest for specified misdemeanors relating to domestic violence, violation of a restraining order, and carrying a concealed firearm at an airport that did not occur in the officer’s presence.

This bill would authorize a peace officer to make a warrantless arrest for a misdemeanor shoplifting of fense not committed in the officer’ s presence if the officer has probable cause to belie ve that person has committed shoplifting, as specified.
(4) Existing law requires a peace officer to release upon a signed promise to appear an y person arrested for a misdemeanor , unless the person demands to be taken before a magistrate. Existing law provides certain reasons a person arrested for a misdemeanor shall not be released including that the person is intoxicated or in need of medical attention, the person is unable to pro vide satisfactory proof of identification, or there are outstanding arrest w arrants for the person. Additionally, 99 — 2 — AB 2943

Packet Pg. 18
Communication: Assembly Bill 2943 - Bill Text (ITEM 3 ASSEMBLY BILL 2943: Crimes: Shoplifting) existing law exempts from this provision persons arrested for specified crimes including domestic violence, stalking, threatening a witness, and, until January 1, 2026, organized retail theft.

This bill would extend that exemption for organized retail theft until January, 2031.
(5) Existing law authorizes the court to suspend a criminal sentence and make and enforce terms of probation for a period not to e xceed 2 years, and in misdemeanor cases, for a period not to e xceed one year.

Existing law authorizes the court to mak e and enforce the terms of probation for specified theft cases for a period not to exceed 3 years.

This bill would, for an offense of shoplifting or petty theft, authorize the court to make and enforce the terms of probation for a period not to exceed 2 years. The bill would require a court that imposes a term longer than one year to consider referring the defendant to a collaborative court or rehabilitation program that is rele vant to the underlying factor or factors that led to the commission of the of fense, as specified. By increasing the period of probation, this bill w ould impose a state-mandated local program.

This bill w ould also state the intent of the Le gislature to enact legislation to pre vent the sale of unla wfully acquired products by requiring sellers of specified products to maintain a chain of custody of the products to demonstrate their lawful provenance and by addressing the use of online platforms to adv ertise and sell unla wfully acquired products. The bill w ould state the intent of the Le gislature to enact legislation to require retail b usinesses of a certain size to periodically report specified data related to thefts and to strengthen laws to prevent stolen goods from being sold via online marketplaces.
(6) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state.

Statutory provisions establish procedures for making that reimbursement.

This bill w ould pro vide that with re gard to certain mandates no reimbursement is required by this act for a specified reason.

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

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
99 AB 2943 — 3 —

Packet Pg. 19
Communication: Assembly Bill 2943 - Bill Text (ITEM 3 ASSEMBLY BILL 2943: Crimes: Shoplifting) The people of the State of California do enact as follows:
line 1 SECTION 1. It is the intent of the Le gislature to enact line 2 legislation to prevent the sale of unlawfully acquired products by line 3 requiring sellers of specified products to maintain chain of custody line 4 records of the products to demonstrate their la wful provenance line 5 and by addressing the use of online platforms to advertise and sell line 6 unlawfully acquired products.
line 7 SEC. 2. It is the intent of the Le gislature to enact le gislation line 8 to require retail businesses of a certain size to periodically report line 9 specified data related to thefts suf fered by the b usinesses while line 10 maintaining protections to ensure that no indi vidual business is line 11 identified publicly through the reporting of the data, and to line 12 strengthen laws to prevent stolen goods from being sold via online line 13 marketplaces.
line 14 SEC. 3. Section 487 of the Penal Code is amended to read:
line 15 487. Grand theft is theft committed in an y of the follo wing line 16 cases:
line 17 (a)  When the money, labor, real property, or personal property line 18 taken is of a v alue exceeding nine hundred fifty dollars ($950), line 19 except as provided in subdivision (b).
line 20 (b)  Notwithstanding subdivision (a), grand theft is committed line 21 in any of the following cases:
line 22 (1)  (A)  When domestic fo wls, a vocados, oli ves, citrus or line 23 deciduous fruits, other fruits, vegetables, nuts, artichokes, or other line 24 farm crops are taken of a value exceeding two hundred fifty dollars line 25 ($250).
line 26 (B)  For the purposes of establishing that the value of domestic line 27 fowls, avocados, olives, citrus or deciduous fruits, other fruits, line 28 vegetables, nuts, artichok es, or other f arm crops under this line 29 paragraph exceeds tw o hundred fifty dollars ($250), that v alue line 30 may be sho wn by the presentation of credible e vidence which line 31 establishes that on the day of the theft domestic fowls, avocados, line 32 olives, citrus or deciduous fruits, other fruits, v egetables, nuts, line 33 artichokes, or other f arm crops of the same v ariety and weight line 34 exceeded two hundred fifty dollars ($250) in wholesale value. line 35 (2)  When fish, shellfish, mollusks, crustaceans, kelp, algae, or line 36 other aquacultural products are tak en from a commercial or line 37 research operation which is producing that product, of a v alue line 38 exceeding two hundred fifty dollars ($250).
99 — 4 — AB 2943

Packet Pg. 20
Communication: Assembly Bill 2943 - Bill Text (ITEM 3 ASSEMBLY BILL 2943: Crimes: Shoplifting) line 1 (3)  Where the money, labor, real property, or personal property line 2 is taken by a serv ant, agent, or emplo yee from their principal or line 3 employer and aggregates nine hundred fifty dollars ($950) or more line 4 in any 12 consecutive month period.
line 5 (c)  When the property is taken from the person of another. line 6 (d)  When the property taken is any of the following:
line 7 (1)  An automobile.
line 8 (2)  A firearm.
line 9 (e)  If the value of the mone y, labor, real property, or personal line 10 property taken exceeds nine hundred fifty dollars ($950) over the line 11 course of distinct but related acts, including acts committed against line 12 multiple victims or in counties other than the county of the current line 13 offense, the value of the mone y, labor, real property, or personal line 14 property taken may properly be aggre gated to charge a count of line 15 grand theft, if the acts are motivated by one intention, one general line 16 impulse, and one plan.
line 17 SEC. 4. Section 496.6 is added to the Penal Code, to read:
line 18 496.6. (a)  Any person who possesses property unlawfully that line 19 was acquired through one or more acts of shoplifting, theft, or line 20 burglary from a retail b usiness, whether or not the person line 21 committed the act of shoplifting, theft, or burglary, is guilty of the line 22 unlawful deprivation of a retail b usiness opportunity when all of line 23 the following apply:
line 24 (1)  The property is not possessed for personal use and the person line 25 has the intent to sell, exchange, or return the merchandise for value, line 26 or the intent to act in concert with one or more persons to sell, line 27 exchange, or return the merchandise for value.
line 28 (2)  The value of the possessed property e xceeds nine hundred line 29 fifty dollars ($950). For purposes of determining the value of the line 30 property, the property described in paragraph (1) can be considered line 31 in the aggregate with any of the following:
line 32 (A)  Any other such property possessed by the person with such line 33 intent within the prior three years.
line 34 (B)  Any property possessed by another person acting in concert line 35 with the first person to sell, e xchange, or return the merchandise line 36 for value, when such property was acquired through one or more line 37 acts of shoplifting, theft, or b urglary from a retail b usiness, line 38 regardless of the identity of the person committing the act of line 39 shoplifting, theft, or burglary.
99 AB 2943 — 5 —

Packet Pg. 21
Communication: Assembly Bill 2943 - Bill Text (ITEM 3 ASSEMBLY BILL 2943: Crimes: Shoplifting) line 1 (b)  For the purpose of determining in an y proceeding whether line 2 the defendant has the intent to sell, e xchange, or return the line 3 merchandise for value, the trier of fact may consider any competent line 4 evidence, including, but not limited to, the following:
line 5 (1)  Whether the defendant has in the prior three years sold, line 6 exchanged, or returned for v alue merchandise acquired through line 7 shoplifting, theft, or b urglary from a retail b usiness, or through line 8 any related offense, including any conduct that occurred in other line 9 jurisdictions, if rele vant to demonstrate a f act other than the line 10 defendant’s disposition to commit the act, as pro vided by line 11 subdivision (b) of Section 1101 of the Evidence Code. line 12 (2)  The property involved in the offense is of a type or quantity line 13 that w ould not normally be purchased for personal use or line 14 consumption, including use or consumption by one’ s immediate line 15 family.
line 16 (c)  The criminal deprivation of a retail business opportunity is line 17 punishable by imprisonment in the county jail for up to one year line 18 or pursuant to subdivision (h) of Section 1170. line 19 SEC. 5. Section 836 of the Penal Code is amended to read:
line 20 836. (a)  A peace officer may arrest a person in obedience to line 21 a warrant, or, pursuant to the authority granted to him or her by line 22 Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, line 23 without a w arrant, may arrest a person whene ver an y of the line 24 following circumstances occur:
line 25 (1)  The officer has probable cause to believe that the person to line 26 be arrested has committed a public offense in the officer’s presence. line 27 (2)  The person arrested has committed a felon y, although not line 28 in the officer’s presence.
line 29 (3)  The officer has probable cause to believe that the person to line 30 be arrested has committed a felon y, whether or not a felon y, in line 31 fact, has been committed.
line 32 (b)  Any time a peace officer is called out on a domestic violence line 33 call, it shall be mandatory that the officer make a good faith effort line 34 to inform the victim of his or her their right to mak e a citizen’s line 35 arrest, unless the peace officer mak es an arrest for a violation of line 36 paragraph (1) of subdi vision (e) of Section 243 or 273.5. This line 37 information shall include advising the victim how to safely execute line 38 the arrest.
line 39 (c)  (1)  When a peace officer is responding to a call alle ging a line 40 violation of a domestic violence protecti ve or restraining order 99 — 6 — AB 2943

Packet Pg. 22
Communication: Assembly Bill 2943 - Bill Text (ITEM 3 ASSEMBLY BILL 2943: Crimes: Shoplifting) line 1 issued under Section 527.6 of the Code of Ci vil Procedure, the line 2 Family Code, Section 136.2, 646.91, or paragraph (2) of line 3 subdivision (a) of Section 1203.097 of this code, Section 213.5 or line 4 15657.03 of the Welfare and Institutions Code, or of a domestic line 5 violence protecti ve or restraining order issued by the court of line 6 another state, tribe, or territory and the peace officer has probable line 7 cause to believe that the person against whom the order is issued line 8 has notice of the order and has committed an act in violation of line 9 the order , the officer shall, consistent with subdi vision (b) of line 10 Section 13701, make a lawful arrest of the person without a warrant line 11 and tak e that person into custody whether or not the violation line 12 occurred in the presence of the arresting officer. The officer shall, line 13 as soon as possible after the arrest, confirm with the appropriate line 14 authorities or the Domestic Violence Protection Order Re gistry line 15 maintained pursuant to Section 6380 of the F amily Code that a line 16 true copy of the protecti ve order has been re gistered, unless the line 17 victim provides the officer with a copy of the protective order. line 18 (2) The person against whom a protective order has been issued line 19 shall be deemed to have notice of the order if the victim presents line 20 to the officer proof of service of the order , the officer confirms line 21 with the appropriate authorities that a true cop y of the proof of line 22 service is on file, or the person against whom the protective order line 23 was issued w as present at the protecti ve order hearing or w as line 24 informed by a peace officer of the contents of the protective order. line 25 (3) In situations where mutual protective orders have been issued line 26 under Division 10 (commencing with Section 6200) of the Family line 27 Code, liability for arrest under this subdi vision applies only to line 28 those persons who are reasonably belie ved to ha ve been the line 29 dominant aggressor. In those situations, prior to making an arrest line 30 under this subdi vision, the peace officer shall mak e reasonable line 31 efforts to identify, and may arrest, the dominant aggressor involved line 32 in the incident. The dominant aggressor is the person determined line 33 to be the most significant, rather than the first, aggressor . In line 34 identifying the dominant aggressor, an officer shall consider (A) line 35 the intent of the law to protect victims of domestic violence from line 36 continuing abuse, (B) the threats creating fear of ph ysical injury, line 37 (C) the history of domestic violence between the persons involved, line 38 and (D) whether either person involved acted in self-defense. line 39 (d) Notwithstanding paragraph (1) of subdivision (a), if a suspect line 40 commits an assault or battery upon a current or former spouse, 99 AB 2943 — 7 —

Packet Pg. 23
Communication: Assembly Bill 2943 - Bill Text (ITEM 3 ASSEMBLY BILL 2943: Crimes: Shoplifting) line 1 fiancé, fiancée, a current or former cohabitant as defined in Section line 2 6209 of the Family Code, a person with whom the suspect currently line 3 is ha ving or has pre viously had an eng agement or dating line 4 relationship, as defined in paragraph (10) of subdi vision (f) of line 5 Section 243, a person with whom the suspect has parented a child, line 6 or is presumed to ha ve parented a child pursuant to the Uniform line 7 Parentage Act (Part 3 (commencing with Section 7600) of Division line 8 12 of the F amily Code), a child of the suspect, a child whose line 9 parentage by the suspect is the subject of an action under the line 10 Uniform Parentage Act, a child of a person in one of the abo ve line 11 categories, any other person related to the suspect by consanguinity line 12 or affinity within the second degree, or any person who is 65 years line 13 of age or older and who is related to the suspect by blood or legal line 14 guardianship, a peace officer may arrest the suspect without a line 15 warrant where both of the following circumstances apply:
line 16 (1)  The peace officer has probable cause to belie ve that the line 17 person to be arrested has committed the assault or battery, whether line 18 or not it has in fact been committed.
line 19 (2)  The peace officer makes the arrest as soon as probable cause line 20 arises to believe that the person to be arrested has committed the line 21 assault or battery, whether or not it has in fact been committed. line 22 (e)  In addition to the authority to mak e an arrest without a line 23 warrant pursuant to paragraphs (1) and (3) of subdi vision (a), a line 24 peace officer may, without a warrant, arrest a person for a violation line 25 of Section 25400 when all of the following apply:
line 26 (1)  The officer has reasonable cause to believe that the person line 27 to be arrested has committed the violation of Section 25400. line 28 (2)  The violation of Section 25400 occurred within an airport, line 29 as defined in Section 21013 of the Public Utilities Code, in an area line 30 to which access is controlled by the inspection of persons and line 31 property.
line 32 (3)  The peace officer mak es the arrest as soon as reasonable line 33 cause arises to believe that the person to be arrested has committed line 34 the violation of Section 25400.
line 35 (f)  In addition to the authority to mak e an arr est without a line 36 warrant pursuant to paragraphs (1) and (3) of subdivision (a), a line 37 peace officer may , without a warr ant, arr est a per son for a line 38 violation of Section 459.5 when the violation was not committed line 39 in the officer’s presence if the officer has probable cause to believe line 40 the person committed the violation. The probable cause to mak e 99 — 8 — AB 2943

Packet Pg. 24
Communication: Assembly Bill 2943 - Bill Text (ITEM 3 ASSEMBLY BILL 2943: Crimes: Shoplifting) line 1 an arrest pursuant to this subdivision shall be based on either of line 2 the following:
line 3 (1)  A sworn statement obtained by the officer fr om a per son line 4 who witnessed the per son to be arr ested committing the alle ged line 5 violation.
line 6 (2)  The officer observing video foota ge that shows the per son line 7 to be arrested committing the alleged violation. line 8 SEC. 6. Section 853.6 of the Penal Code , as amended by line 9 Section 1 of Chapter 856 of the Statutes of 2022, is amended to line 10 read:
line 11 853.6. (a)  (1)  When a person is arrested for an offense declared line 12 to be a misdemeanor , including a violation of a city or county line 13 ordinance, and does not demand to be tak en before a magistrate, line 14 that person shall, instead of being tak en before a magistrate, be line 15 released according to the procedures set forth by this chapter , line 16 although nothing prevents an officer from first booking an arrestee line 17 pursuant to subdivision (g). If the person is released, the officer line 18 or the officer’s superior shall prepare in duplicate a written notice line 19 to appear in court, containing the name and address of the person, line 20 the of fense char ged, and the time when, and place where, the line 21 person shall appear in court. If, pursuant to subdi vision (i), the line 22 person is not released prior to being book ed and the officer in line 23 charge of the booking or the officer’s superior determines that the line 24 person should be released, the officer or the officer’s superior shall line 25 prepare a written notice to appear in a court.
line 26 (2)  When a person is arrested for a misdemeanor violation of a line 27 protective court order involving domestic violence, as defined in line 28 Section 13700, or arrested pursuant to a polic y, as described in line 29 Section 13701, the person shall be taken before a magistrate instead line 30 of being released according to the procedures set forth in this line 31 chapter, unless the arresting officer determines that there is not a line 32 reasonable likelihood that the offense will continue or resume or line 33 that the safety of persons or property w ould be imminently line 34 endangered by release of the person arrested. Prior to adopting line 35 these provisions, each city, county, or city and county shall develop line 36 a protocol to assist officers to determine when arrest and release line 37 is appropriate, rather than taking the arrested person before a line 38 magistrate. The county shall establish a committee to develop the line 39 protocol, consisting of, at a minimum, the police chief or county line 40 sheriff within the jurisdiction, the district attorney, county counsel, 99 AB 2943 — 9 —

Packet Pg. 25
Communication: Assembly Bill 2943 - Bill Text (ITEM 3 ASSEMBLY BILL 2943: Crimes: Shoplifting) line 1 city attorne y, representati ves from domestic violence shelters, line 2 domestic violence councils, and other rele vant community line 3 agencies.
line 4 (3)  This subdivision does not apply to the crimes specified in line 5 Section 1270.1, including crimes defined in each of the following:
line 6 (A)  Paragraph (1) of subdivision (e) of Section 243. line 7 (B)  Section 273.5.
line 8 (C)  Section 273.6, if the detained person made threats to kill or line 9 harm, has engaged in violence against, or has gone to the residence line 10 or workplace of, the protected party.
line 11 (D)  Section 646.9.
line 12 (4)  This subdivision shall not affect a defendant’s ability to be line 13 released on bail or on their own recognizance, except as specified line 14 in Section 1270.1.
line 15 (b)  Unless waived by the person, the time specified in the notice line 16 to appear shall be at least 10 days after arrest if the duplicate notice line 17 is to be filed by the officer with the magistrate. line 18 (c)  The place specified in the notice shall be the court of the line 19 magistrate before whom the person w ould be tak en if the line 20 requirement of taking an arrested person before a magistrate were line 21 complied with, or shall be an officer authorized by that court to line 22 receive a deposit of bail.
line 23 (d)  The officer shall deliver one copy of the notice to appear to line 24 the arrested person, and the arrested person, in order to secure line 25 release, shall gi ve their written promise to appear in court as line 26 specified in the notice by signing the duplicate notice, which shall line 27 be retained by the officer, and the officer may require the arrested line 28 person, if the arrested person has no satisfactory identification, to line 29 place a right thumbprint, or a left thumbprint or fingerprint if the line 30 person has a missing or disfigured right thumb, on the notice to line 31 appear. Except for law enforcement purposes relating to the identity line 32 of the arrestee, a person or entity shall not sell, gi ve away, allow line 33 the distribution of, include in a database, or create a database with, line 34 this print. Upon the signing of the duplicate notice, the arresting line 35 officer shall immediately release the person arrested from custody. line 36 (e)  The officer shall, as soon as practicable, file the duplicate line 37 notice, as follows:
line 38 (1)  It shall be filed with the magistrate if the offense charged is line 39 an infraction.
99 — 10 — AB 2943

Packet Pg. 26
Communication: Assembly Bill 2943 - Bill Text (ITEM 3 ASSEMBLY BILL 2943: Crimes: Shoplifting) line 1 (2)  It shall be filed with the magistrate if the prosecuting attorney line 2 has previously directed the officer to do so.
line 3 (3)  (A)  The duplicate notice and underlying police reports in line 4 support of the charge or charges shall be filed with the prosecuting line 5 attorney in cases other than those specified in paragraphs (1) and line 6 (2).
line 7 (B)  If the duplicate notice is filed with the prosecuting attorney, line 8 the prosecuting attorne y, within their discretion, may initiate line 9 prosecution by filing the notice or a formal complaint with the line 10 magistrate specified in the duplicate notice within 25 days from line 11 the time of arrest. If the prosecution is not to be initiated, the line 12 prosecutor shall send notice to the person arrested at the address line 13 on the notice to appear . The failure by the prosecutor to file the line 14 notice or formal complaint within 25 days of the time of the arrest line 15 shall not bar further prosecution of the misdemeanor char ged in line 16 the notice to appear . However, any further prosecution shall be line 17 preceded by a new and separate citation or an arrest warrant. line 18 (C)  Upon the filing of the notice with the magistrate by the line 19 officer, or the filing of the notice or formal complaint by the line 20 prosecutor, the magistrate may fix the amount of bail that in the line 21 magistrate’s judgment, in accordance with Section 1275, is line 22 reasonable and sufficient for the appearance of the defendant and line 23 shall endorse upon the notice a statement signed by the magistrate line 24 in the form set forth in Section 815a. The defendant may, prior to line 25 the date upon which the defendant promised to appear in court, line 26 deposit with the magistrate the amount of bail set by the magistrate. line 27 At the time the case is called for arraignment before the magistrate, line 28 if the defendant does not appear , either in person or by counsel, line 29 the magistrate may declare the bail forfeited, and may , in the line 30 magistrate’s discretion, order that further proceedings shall not be line 31 had in the case, unless the defendant has been char ged with a line 32 violation of Section 374.3 or 374.7 of this code or of Section line 33 11357, 11360, or 13002 of the Health and Safety Code, or a line 34 violation punishable under Section 5008.7 of the Public Resources line 35 Code, and the defendant has pre viously been con victed of a line 36 violation of that section or a violation that is punishable under that line 37 section, except when the magistrate finds that undue hardship will line 38 be imposed upon the defendant by requiring the defendant to line 39 appear, the magistrate may declare the bail forfeited and order that line 40 further proceedings not be had in the case.
99 AB 2943 — 11 —

Packet Pg. 27
Communication: Assembly Bill 2943 - Bill Text (ITEM 3 ASSEMBLY BILL 2943: Crimes: Shoplifting) line 1 (D) Upon the making of the order that further proceedings not line 2 be had, all sums deposited as bail shall immediately be paid into line 3 the county treasury for distribution pursuant to Section 1463. line 4 (f) A warrant shall not be issued for the arrest of a person who line 5 has given a written promise to appear in court, unless and until the line 6 person has violated that promise or has f ailed to deposit bail, to line 7 appear for arraignment, trial, or judgment, or to comply with the line 8 terms and provisions of the judgment, as required by law. line 9 (g) The officer may book the arrested person at the scene or at line 10 the arresting agency prior to release or indicate on the citation that line 11 the arrested person shall appear at the arresting agency to be booked line 12 or indicate on the citation that the arrested person shall appear at line 13 the arresting agency to be fingerprinted prior to the date the arrested line 14 person appears in court. If it is indicated on the citation that the line 15 arrested person shall be booked or fingerprinted prior to the date line 16 of the person’s court appearance, the arresting agency, at the time line 17 of booking or fingerprinting, shall provide the arrested person with line 18 verification of the booking or fingerprinting by making an entry line 19 on the citation. If it is indicated on the citation that the arrested line 20 person is to be booked or fingerprinted, the magistrate, judge, or line 21 court shall, before the proceedings be gin, order the defendant to line 22 provide verification that the defendant was booked or fingerprinted line 23 by the arresting agenc y. If the defendant cannot produce the line 24 verification, the magistrate, judge, or court shall require that the line 25 defendant be booked or fingerprinted by the arresting agency before line 26 the ne xt court appearance, and that the defendant pro vide the line 27 verification at the ne xt court appearance unless both parties line 28 stipulate that booking or fingerprinting is not necessary. line 29 (h) A peace officer shall use the written notice to appear line 30 procedure set forth in this section for any misdemeanor offense in line 31 which the officer has arrested a person without a warrant pursuant line 32 to Section 836 or in which the officer has taken custody of a person line 33 pursuant to Section 847.
line 34 (i) When a person is arrested by a peace officer for a line 35 misdemeanor, that person shall be released according to the line 36 procedures set forth in this chapter unless one of the following is line 37 a reason for nonrelease, in which case the arresting officer may line 38 release the person, e xcept as pro vided in subdi vision (a), or the line 39 arresting officer shall indicate, on a form to be established by the 99 — 12 — AB 2943

Packet Pg. 28
Communication: Assembly Bill 2943 - Bill Text (ITEM 3 ASSEMBLY BILL 2943: Crimes: Shoplifting) line 1 officer’s emplo ying la w enforcement agenc y, which of the line 2 following was a reason for the nonrelease:
line 3 (1)  The person arrested was so intoxicated that they could have line 4 been a danger to themselves or to others.
line 5 (2)  The person arrested required medical examination or medical line 6 care or was otherwise unable to care for their own safety. line 7 (3)  The person w as arrested under one or more of the line 8 circumstances listed in Sections 40302 and 40303 of the Vehicle line 9 Code.
line 10 (4)  There were one or more outstanding arrest warrants for the line 11 person.
line 12 (5)  The person could not pro vide satisf actory e vidence of line 13 personal identification.
line 14 (6)  The prosecution of the of fense or of fenses for which the line 15 person was arrested, or the prosecution of an y other of fense or line 16 offenses, would be jeopardized by immediate release of the person line 17 arrested.
line 18 (7)  There was a reasonable likelihood that the offense or offenses line 19 would continue or resume, or that the safety of persons or property line 20 would be imminently endangered by release of the person arrested. line 21 (8)  The person arrested demanded to be tak en before a line 22 magistrate or refused to sign the notice to appear. line 23 (9)  There is reason to believe that the person would not appear line 24 at the time and place specified in the notice. The basis for this line 25 determination shall be specifically stated.
line 26 (10)  (A)  The person was subject to Section 1270.1. line 27 (B)  The form shall be filed with the arresting agenc y as soon line 28 as practicable and shall be made a vailable to an y party ha ving line 29 custody of the arrested person, subsequent to the arresting officer, line 30 and to any person authorized by law to release the arrested person line 31 from custody before trial.
line 32 (11)  The person has been cited, arrested, or con victed for line 33 misdemeanor or felon y theft from a store in the pre vious six line 34 months.
line 35 (12)  There is probable cause to believe that the person arrested line 36 is guilty of committing or ganized retail theft, as defined in line 37 subdivision (a) of Section 490.4.
line 38 (j)  (1)  Once the arresting officer has prepared the written notice line 39 to appear and has delivered a copy to the person arrested, the officer 99 AB 2943 — 13 —

Packet Pg. 29
Communication: Assembly Bill 2943 - Bill Text (ITEM 3 ASSEMBLY BILL 2943: Crimes: Shoplifting) line 1 shall deliver the remaining original and all copies as provided by line 2 subdivision (e).
line 3 (2)  Any person, including the arresting officer and any member line 4 of the officer’s department or agenc y, or any peace officer, who line 5 alters, conceals, modifies, nullifies, or destro ys, or causes to be line 6 altered, concealed, modified, nullified, or destroyed, the face side line 7 of the remaining original or a copy of a citation that was retained line 8 by the officer, for any reason, before it is filed with the magistrate line 9 or with a person authorized by the magistrate to recei ve deposit line 10 of bail, is guilty of a misdemeanor.
line 11 (3)  If, after an arrested person has signed and recei ved a copy line 12 of a notice to appear, the arresting officer determines that, in the line 13 interest of justice, the citation or notice should be dismissed, the line 14 arresting agency may recommend, in writing, to the magistrate line 15 that the charges be dismissed. The recommendation shall cite the line 16 reasons for the recommendation and shall be filed with the court. line 17 (4)  If the magistrate makes a finding that there are grounds for line 18 dismissal, the finding shall be entered in the record and the charges line 19 dismissed.
line 20 (5)  A personal relationship with any officer, public official, or line 21 law enforcement agency shall not be grounds for dismissal. line 22 (k)  (1)  A person contesting a charge by claiming under penalty line 23 of perjury not to be the person issued the notice to appear may line 24 choose to submit a right thumbprint, or a left thumbprint if the line 25 person has a missing or disfigured right thumb, to the issuing court line 26 through the person’s local law enforcement agency for comparison line 27 with the one placed on the notice to appear . A local la w line 28 enforcement agency providing this service may charge the requester line 29 no more than the actual costs. The issuing court may refer the line 30 thumbprint submitted and the notice to appear to the prosecuting line 31 attorney for comparison of the thumbprints. When there is no line 32 thumbprint or fingerprint on the notice to appear , or when the line 33 comparison of thumbprints is inconclusi ve, the court shall refer line 34 the notice to appear or copy thereof back to the issuing agency for line 35 further investigation, unless the court finds that referral is not in line 36 the interest of justice.
line 37 (2)  Upon initiation of the investigation or comparison process line 38 by referral of the court, the court shall continue the case and the line 39 speedy trial period shall be tolled for 45 days. 99 — 14 — AB 2943

Packet Pg. 30
Communication: Assembly Bill 2943 - Bill Text (ITEM 3 ASSEMBLY BILL 2943: Crimes: Shoplifting) line 1 (3)  Upon receipt of the issuing agenc y’s or prosecuting line 2 attorney’s response, the court may mak e a finding of f actual line 3 innocence pursuant to Section 530.6 if the court determines that line 4 there is insufficient e vidence that the person cited is the person line 5 charged and shall immediately notify the Department of Motor line 6 Vehicles of its determination. If the Department of Motor Vehicles line 7 determines the citation or citations in question formed the basis line 8 of a suspension or revocation of the person’s driving privilege, the line 9 department shall immediately set aside the action. line 10 (4)  If the prosecuting attorney or issuing agency fails to respond line 11 to a court referral within 45 days, the court shall mak e a finding line 12 of factual innocence pursuant to Section 530.6, unless the court line 13 finds that a finding of f actual innocence is not in the interest of line 14 justice.
line 15 (5)  The citation or notice to appear may be held by the line 16 prosecuting attorne y or issuing agenc y for future adjudication line 17 should the arrestee who recei ved the citation or notice to appear line 18 be found.
line 19 (l)  For purposes of this section, the term “arresting agenc y” line 20 includes any other agency designated by the arresting agenc y to line 21 provide booking or fingerprinting services.
line 22 (m)  This section shall remain in ef fect only until January 1, line 23 2026, 2031, and as of that date is repealed.
line 24 SEC. 7. Section 853.6 of the Penal Code, as added by Section line 25 2 of Chapter 856 of the Statutes of 2022, is amended to read:
line 26 853.6. (a)  (1)  When a person is arrested for an offense declared line 27 to be a misdemeanor , including a violation of a city or county line 28 ordinance, and does not demand to be tak en before a magistrate, line 29 that person shall, instead of being tak en before a magistrate, be line 30 released according to the procedures set forth by this chapter , line 31 however an officer may first book an arrestee pursuant to line 32 subdivision (g). If the person is released, the officer or the officer’s line 33 superior shall prepare, in duplicate, a written notice to appear in line 34 court, containing the name and address of the person, the offense line 35 charged, and the time when, and place where, the person shall line 36 appear in court. If, pursuant to subdi vision (i), the person is not line 37 released prior to being book ed and the officer in char ge of the line 38 booking or the officer’s superior determines that the person should line 39 be released, the officer or the officer’ s superior shall prepare a line 40 written notice to appear in a court.
99 AB 2943 — 15 —

Packet Pg. 31
Communication: Assembly Bill 2943 - Bill Text (ITEM 3 ASSEMBLY BILL 2943: Crimes: Shoplifting) line 1 (2)  When a person is arrested for a misdemeanor violation of a line 2 protective court order involving domestic violence, as defined in line 3 subdivision (b) of Section 13700, or arrested pursuant to a policy line 4 described in Section 13701, the person shall be tak en before a line 5 magistrate instead of being released according to the procedures line 6 set forth in this chapter, unless the arresting officer determines that line 7 there is not a reasonable likelihood that the offense will continue line 8 or resume or that the safety of persons or property w ould be line 9 imminently endangered by release of the person arrested. Prior to line 10 adopting these pro visions, each city , county, or city and county line 11 shall develop a protocol to assist officers to determine when arrest line 12 and release is appropriate, rather than taking the arrested person line 13 before a magistrate. The county shall establish a committee to line 14 develop the protocol, consisting of, at a minimum, the police chief line 15 or county sheriff within the jurisdiction, the district attorney, county line 16 counsel, city attorne y, representati ves from domestic violence line 17 shelters, domestic violence councils, and other relevant community line 18 agencies.
line 19 (3)  This subdivision shall not apply to the crimes specified in line 20 Section 1270.1, including crimes defined in each of the following:
line 21 (A)  Paragraph (1) of subdivision (e) of Section 243. line 22 (B)  Section 273.5.
line 23 (C)  Section 273.6, if the detained person made threats to kill or line 24 harm, has engaged in violence against, or has gone to the residence line 25 or workplace of, the protected party.
line 26 (D)  Section 646.9.
line 27 (4)  This subdivision does not affect a defendant’s ability to be line 28 released on bail or on their own recognizance, except as specified line 29 in Section 1270.1.
line 30 (b)  Unless waived by the person, the time specified in the notice line 31 to appear shall be at least 10 days after arrest if the duplicate notice line 32 is to be filed by the officer with the magistrate. line 33 (c)  The place specified in the notice shall be the court of the line 34 magistrate before whom the person w ould be tak en if the line 35 requirement of taking an arrested person before a magistrate were line 36 complied with, or shall be an officer authorized by that court to line 37 receive a deposit of bail.
line 38 (d)  The officer shall deliver one copy of the notice to appear to line 39 the arrested person, and the arrested person, in order to secure line 40 release, shall gi ve their written promise to appear in court as 99 — 16 — AB 2943

Packet Pg. 32
Communication: Assembly Bill 2943 - Bill Text (ITEM 3 ASSEMBLY BILL 2943: Crimes: Shoplifting) line 1 specified in the notice by signing the duplicate notice, which shall line 2 be retained by the officer . The officer may require the arrested line 3 person, if the arrested person has no satisfactory identification, to line 4 place a right thumbprint, or a left thumbprint or fingerprint if the line 5 person has a missing or disfigured right thumb, on the notice to line 6 appear. Except for law enforcement purposes relating to the identity line 7 of the arrestee, a person or entity may not sell, gi ve away, allow line 8 the distribution of, include in a database, or create a database with, line 9 this print. Upon the person signing the duplicate notice, the line 10 arresting officer shall immediately release the person arrested from line 11 custody.
line 12 (e)  The officer shall, as soon as practicable, file the duplicate line 13 notice, as follows:
line 14 (1)  It shall be filed with the magistrate if the offense charged is line 15 an infraction.
line 16 (2)  It shall be filed with the magistrate if the prosecuting attorney line 17 has previously directed the officer to do so.
line 18 (3)  (A)  The duplicate notice and underlying police reports in line 19 support of the charge or charges shall be filed with the prosecuting line 20 attorney in cases other than those specified in paragraphs (1) and line 21 (2).
line 22 (B)  If the duplicate notice is filed with the prosecuting attorney, line 23 the prosecuting attorne y, within their discretion, may initiate line 24 prosecution by filing the notice or a formal complaint with the line 25 magistrate specified in the duplicate notice within 25 days from line 26 the time of arrest. If the prosecution is not to be initiated, the line 27 prosecutor shall send notice to the person arrested at the address line 28 on the notice to appear . The failure by the prosecutor to file the line 29 notice or formal complaint within 25 days of the time of the arrest line 30 shall not bar further prosecution of the misdemeanor char ged in line 31 the notice to appear . However, any further prosecution shall be line 32 preceded by a new and separate citation or an arrest warrant. line 33 (C)  Upon the filing of the notice with the magistrate by the line 34 officer, or the filing of the notice or formal complaint by the line 35 prosecutor, the magistrate may fix the amount of bail that in the line 36 magistrate’s judgment, in accordance with Section 1275, is line 37 reasonable and sufficient for the appearance of the defendant and line 38 shall endorse upon the notice a statement signed by the magistrate line 39 in the form set forth in Section 815a. The defendant may, prior to line 40 the date upon which the defendant promised to appear in court, 99 AB 2943 — 17 —

Packet Pg. 33
Communication: Assembly Bill 2943 - Bill Text (ITEM 3 ASSEMBLY BILL 2943: Crimes: Shoplifting) line 1 deposit with the magistrate the amount of bail set by the magistrate. line 2 When the case is called for arraignment before the magistrate, if line 3 the defendant does not appear, either in person or by counsel, the line 4 magistrate may declare the bail forfeited, and may , in the line 5 magistrate’s discretion, order that no further proceedings shall be line 6 had in the case, unless the defendant has been char ged with a line 7 violation of Section 374.3 or 374.7 of this code or of Section line 8 11357, 11360, or 13002 of the Health and Safety Code, or a line 9 violation punishable under Section 5008.7 of the Public Resources line 10 Code, and the defendant has pre viously been con victed of a line 11 violation of that section or a violation that is punishable under that line 12 section, e xcept in cases where the magistrate finds that undue line 13 hardship will be imposed upon the defendant by requiring the line 14 defendant to appear, the magistrate may declare the bail forfeited line 15 and order that no further proceedings be had in the case. line 16 (D) Upon the making of the order that no further proceedings line 17 be had, all sums deposited as bail shall immediately be paid into line 18 the county treasury for distribution pursuant to Section 1463. line 19 (f) A warrant shall not be issued for the arrest of a person who line 20 has given a written promise to appear in court, unless and until the line 21 person has violated that promise or has f ailed to deposit bail, to line 22 appear for arraignment, trial, or judgment or to comply with the line 23 terms and provisions of the judgment, as required by law. line 24 (g) The officer may book the arrested person at the scene or at line 25 the arresting agency prior to release or indicate on the citation that line 26 the arrested person shall appear at the arresting agency to be booked line 27 or indicate on the citation that the arrested person shall appear at line 28 the arresting agency to be fingerprinted prior to the date the arrested line 29 person appears in court. If it is indicated on the citation that the line 30 arrested person shall be booked or fingerprinted prior to the date line 31 of the person’s court appearance, the arresting agency, at the time line 32 of booking or fingerprinting, shall provide the arrested person with line 33 verification of the booking or fingerprinting by making an entry line 34 on the citation. If it is indicated on the citation that the arrested line 35 person is to be booked or fingerprinted, the magistrate, judge, or line 36 court shall, before the proceedings be gin, order the defendant to line 37 provide verification that the defendant was booked or fingerprinted line 38 by the arresting agenc y. If the defendant cannot produce the line 39 verification, the magistrate, judge, or court shall require that the line 40 defendant be booked or fingerprinted by the arresting agency before 99 — 18 — AB 2943

Packet Pg. 34
Communication: Assembly Bill 2943 - Bill Text (ITEM 3 ASSEMBLY BILL 2943: Crimes: Shoplifting) line 1 the ne xt court appearance, and that the defendant pro vide the line 2 verification at the ne xt court appearance unless both parties line 3 stipulate that booking or fingerprinting is not necessary. line 4 (h)  A peace officer shall use the written notice to appear line 5 procedure set forth in this section for any misdemeanor offense in line 6 which the officer has arrested a person without a warrant pursuant line 7 to Section 836 or in which the officer has taken custody of a person line 8 pursuant to Section 847.
line 9 (i)  When a person is arrested by a peace officer for a line 10 misdemeanor, that person shall be released according to the line 11 procedures set forth by this chapter unless one of the following is line 12 a reason for nonrelease, in which case the arresting officer may line 13 release the person, e xcept as pro vided in subdi vision (a), or the line 14 arresting officer shall indicate, on a form to be established by the line 15 officer’s emplo ying la w enforcement agenc y, which of the line 16 following was a reason for the nonrelease:
line 17 (1)  The person arrested was so intoxicated that they could have line 18 been a danger to themselves or to others.
line 19 (2)  The person arrested required medical examination or medical line 20 care or was otherwise unable to care for their own safety. line 21 (3)  The person w as arrested under one or more of the line 22 circumstances listed in Sections 40302 and 40303 of the Vehicle line 23 Code.
line 24 (4)  There were one or more outstanding arrest warrants for the line 25 person.
line 26 (5)  The person could not pro vide satisf actory e vidence of line 27 personal identification.
line 28 (6)  The prosecution of the of fense or of fenses for which the line 29 person was arrested, or the prosecution of an y other of fense or line 30 offenses, would be jeopardized by immediate release of the person line 31 arrested.
line 32 (7)  There was a reasonable likelihood that the offense or offenses line 33 would continue or resume, or that the safety of persons or property line 34 would be imminently endangered by release of the person arrested. line 35 (8)  The person arrested demanded to be tak en before a line 36 magistrate or refused to sign the notice to appear. line 37 (9)  There is reason to believe that the person would not appear line 38 at the time and place specified in the notice. The basis for this line 39 determination shall be specifically stated.
line 40 (10)  (A)  The person was subject to Section 1270.1. 99 AB 2943 — 19 —

Packet Pg. 35
Communication: Assembly Bill 2943 - Bill Text (ITEM 3 ASSEMBLY BILL 2943: Crimes: Shoplifting) line 1 (B)  The form shall be filed with the arresting agenc y as soon line 2 as practicable and shall be made a vailable to an y party ha ving line 3 custody of the arrested person, subsequent to the arresting officer, line 4 and to any person authorized by law to release the arrested person line 5 from custody before trial.
line 6 (j)  (1)  Once the arresting officer has prepared the written notice line 7 to appear and has delivered a copy to the person arrested, the officer line 8 shall deliver the remaining original and all copies as provided by line 9 subdivision (e).
line 10 (2)  A person, including the arresting officer and an y member line 11 of the officer’s department or agenc y, or any peace officer, who line 12 alters, conceals, modifies, nullifies, or destro ys, or causes to be line 13 altered, concealed, modified, nullified, or destroyed, the face side line 14 of the remaining original or any copy of a citation that was retained line 15 by the officer, for any reason, before it is filed with the magistrate line 16 or with a person authorized by the magistrate to recei ve deposit line 17 of bail, is guilty of a misdemeanor.
line 18 (3)  If, after an arrested person has signed and recei ved a copy line 19 of a notice to appear, the arresting officer determines that, in the line 20 interest of justice, the citation or notice should be dismissed, the line 21 arresting agency may recommend, in writing, to the magistrate line 22 that the charges be dismissed. The recommendation shall cite the line 23 reasons for the recommendation and shall be filed with the court. line 24 (4)  If the magistrate makes a finding that there are grounds for line 25 dismissal, the finding shall be entered in the record and the charges line 26 dismissed.
line 27 (5)  A personal relationship with any officer, public official, or line 28 law enforcement agency shall not be grounds for dismissal. line 29 (k)  (1)  A person contesting a charge by claiming under penalty line 30 of perjury not to be the person issued the notice to appear may line 31 choose to submit a right thumbprint, or a left thumbprint if the line 32 person has a missing or disfigured right thumb, to the issuing court line 33 through the person’s local law enforcement agency for comparison line 34 with the one placed on the notice to appear . A local la w line 35 enforcement agency providing this service may charge the requester line 36 no more than the actual costs. The issuing court may refer the line 37 thumbprint submitted and the notice to appear to the prosecuting line 38 attorney for comparison of the thumbprints. When there is no line 39 thumbprint or fingerprint on the notice to appear , or when the line 40 comparison of thumbprints is inconclusi ve, the court shall refer 99 — 20 — AB 2943

Packet Pg. 36
Communication: Assembly Bill 2943 - Bill Text (ITEM 3 ASSEMBLY BILL 2943: Crimes: Shoplifting) line 1 the notice to appear, or a copy thereof, back to the issuing agency line 2 for further investigation, unless the court finds that referral is not line 3 in the interest of justice.
line 4 (2)  Upon initiation of the investigation or comparison process line 5 by referral of the court, the court shall continue the case and the line 6 speedy trial period shall be tolled for 45 days. line 7 (3)  Upon receipt of the issuing agenc y’s or prosecuting line 8 attorney’s response, the court may mak e a finding of f actual line 9 innocence pursuant to Section 530.6 if the court determines that line 10 there is insufficient e vidence that the person cited is the person line 11 charged and shall immediately notify the Department of Motor line 12 Vehicles of its determination. If the Department of Motor Vehicles line 13 determines the citation or citations in question formed the basis line 14 of a suspension or revocation of the person’s driving privilege, the line 15 department shall immediately set aside the action. line 16 (4)  If the prosecuting attorney or issuing agency fails to respond line 17 to a court referral within 45 days, the court shall mak e a finding line 18 of factual innocence pursuant to Section 530.6, unless the court line 19 finds that a finding of f actual innocence is not in the interest of line 20 justice.
line 21 (5)  The citation or notice to appear may be held by the line 22 prosecuting attorne y or issuing agenc y for future adjudication line 23 should the arrestee who recei ved the citation or notice to appear line 24 be found.
line 25 (l)  For purposes of this section, the term “arresting agenc y” line 26 includes any other agency designated by the arresting agenc y to line 27 provide booking or fingerprinting services.
line 28 (m)  This section shall become operative January 1, 2026. 2031. line 29 SEC. 8. Section 1203g is added to the Penal Code, to read:
line 30 1203g. (a)  Notwithstanding Section 1203a, for a violation of line 31 shoplifting, as defined in Section 459.5, or petty theft, as described line 32 in Section 488 or 490.2, the court may suspend the imposition or line 33 execution of the sentence and mak e and enforce the terms of line 34 probation for a period not to exceed two years. line 35 (b)  If a court imposes a term of probation that e xceeds the line 36 maximum period of time specified in subdi vision (a) of Section line 37 1203a, the court, as a condition of probation, shall consider line 38 referring the defendant to a collaborati ve court or rehabilitation line 39 program that is relevant to the underlying factor or factors that led line 40 to the commission of the offense. If the court finds that referral to 99 AB 2943 — 21 —

Packet Pg. 37
Communication: Assembly Bill 2943 - Bill Text (ITEM 3 ASSEMBLY BILL 2943: Crimes: Shoplifting) line 1 a collaborative court or rehabilitation program is not an appropriate line 2 condition of probation, it must state the reasons for its finding on line 3 the record.
line 4 (c) Upon successful completion of the rehabilitation program, line 5 as determined by the program provider, or successful participation line 6 in the collaborative court, as determined by the collaborative court, line 7 the court shall discharge the defendant from probation. line 8 (d) Participation in a collaborati ve court or a rehabilitation line 9 program by the defendant shall not e xceed the maximum period line 10 of time of probation specified in subdi vision (a), except with the line 11 consent of the defendant.
line 12 SEC. 9. No reimbursement is required by this act pursuant to line 13 Section 6 of Article XIIIB of the California Constitution for certain line 14 costs that may be incurred by a local agenc y or school district line 15 because, in that regard, this act creates a new crime or infraction, line 16 eliminates a crime or infraction, or changes the penalty for a crime line 17 or infraction, within the meaning of Section 17556 of the line 18 Government Code, or changes the definition of a crime within the line 19 meaning of Section 6 of Article XIII B of the California line 20 Constitution.
line 21 However, if the Commission on State Mandates determines that line 22 this act contains other costs mandated by the state, reimbursement line 23 to local agencies and school districts for those costs shall be made line 24 pursuant to Part 7 (commencing with Section 17500) of Division line 25 4 of Title 2 of the Government Code.

O
99 — 22 — AB 2943

Packet Pg. 38
Communication: Assembly Bill 2943 - Bill Text (ITEM 3 ASSEMBLY BILL 2943: Crimes: Shoplifting)

Legislative Committee – March 18, 2024

Assembly Bill 3068 – Adaptive Reuse: Streamlining: Incentives 1 Recommendation

Legislative Committee recommend to oppose Assembly Bill 3068.

Summary

Introduced by Assembly Member Matt Haney (D-17-San Francisco), Assembly Bill 3068 would deem an adaptive use project a use by-right, regardless of local zoning of the site, and subject to a streamlined, ministerial review process if the project meets specified requirements.

Background

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

Assembly Bill 3068 would require the City’s regular review process, which may span 6-9 months, to be conducted within 60 days if the project contains fewer than 150 housing units, and 90 days if the project is larger. Projects under a streamlined ministerial review are not subject to an appeals process, public hearing, and the California Environmental Quality Act (CEQA) review.

The City’s review is to ensure that the use of the project, when considered on the basis of the suitability of the site, is arranged to avoid traffic congestion and ensure the protection of public health, safety, and general welfare.

The City Council opposed a similar bill, Assembly Bill 1490 (Lee), at the April 11, 2023, Regular City Council Meeting.

The recommendation to oppose Assembly Bill 3068 is consistent with the City of Santa Clarita 2024 Executive and Legislative Platform. Specifically, Component 1 under the “State” section advises that the City Council, “Oppose legislation that would interfere with, limit, or eliminate the decision-making authority of municipalities in the area of local land use.”

Packet Pg. 39
Communication: Assembly Bill 3068 - Staff Report (ITEM 4 ASSEMBLY BILL 3068: Adaptive Reuse: Streamlining: Incentives) 2 Supporters

Unknown at this time.

Opponents

Unknown at this time.

Bill Status

Assembly Bill 3068 was introduced on February 16, 2024, and referred to the Assembly Committee on Housing and Community Development. A hearing date had not been scheduled at the time this report was developed.

Packet Pg. 40
Communication: Assembly Bill 3068 - Staff Report (ITEM 4 ASSEMBLY BILL 3068: Adaptive Reuse: Streamlining: Incentives) california legislature—2023–24 regular session
ASSEMBLY BILL No. 3068
Introduced by Assembly Member Haney
February 16, 2024
An act to amend Section 65585 of, and to add Chapter 8 (commencing with Section 51298) to P art 1 of Di vision 1 of Title 5 of, and to add Article 11.5 (commencing with Section 65658) to Chapter 3 of Division 1 of Title 7 of, the Government Code, relating to housing. legislative counsel’s digest
AB 3068, as introduced, Haney. Adaptive reuse: streamlining:
incentives.

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

This bill would deem an adaptive reuse project a use by right in all zones, regardless of the zoning of the site, and subject to a streamlined, ministerial review process if the project meets specified requirements.

In this re gard, an adapti ve reuse project, in order to qualify for the streamlined, ministerial re view process, w ould be required to be proposed for an existing building that is less than 50 years old or meets certain requirements re garding the preservation of historic resources,

99 Packet Pg. 41
Communication: Assembly Bill 3068- Bill Text (ITEM 4 ASSEMBLY BILL 3068: Adaptive Reuse: Streamlining: Incentives) including the signing of an affida vit declaring that the project will comply with the United States Secretary of the Interior’s Standards for Rehabilitation or recei ve federal or state historic rehabilitation tax credits, as specified. The bill would require an adapti ve reuse project to comply with an y broadly applicable housing af fordability requirement, as defined, adopted by the local go vernment and would require at least one-half of the square footage of the adapti ve reuse project to be dedicated to residential uses, unless the project is an office conversion project, as specified. The bill would authorize an adaptive reuse project subject to these provisions to include the development of new residential or mix ed-use structures on unde veloped areas and parking areas on the parcels adjacent to the proposed adapti ve reuse project site if certain conditions are met. The bill w ould, if a local government’s planning director or equivalent position determines that the adaptive reuse project submitted pursuant to these pro visions is consistent with the objecti ve planning standards, require the local government to appro ve the adapti ve reuse project within specified timeframes.

By requiring local go vernments to implement the streamlined, ministerial review process for adapti ve reuse projects, the bill w ould impose a state-mandated local program. By requiring certain development proponents of an adaptive reuse project to sign an affidavit regarding the preservation of historic resources, the bill would expand the crime of perjury and therefore impose a state-mandated local program.

This bill would exempt an adaptive reuse project from all impact fees that are not directly related to the impacts resulting from the change of use of the site from nonresidential to residential or mixed use and would require any fees charged to be proportional to the difference in impacts caused by the change of use.

The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an en vironmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment. CEQA does not apply to the appro val of ministerial projects.

This bill, by establishing the streamlined, ministerial review process described above, would exempt the approval of adaptive reuse projects subject to those processes from CEQA.
99 — 2 — AB 3068

Packet Pg. 42
Communication: Assembly Bill 3068- Bill Text (ITEM 4 ASSEMBLY BILL 3068: Adaptive Reuse: Streamlining: Incentives) This bill would authorize a city or county, commencing in the 2024–25 fiscal year, to establish an adaptive reuse investment incentive program to pay adapti ve reuse in vestment incentive funds, as defined, to the proponent of an adapti ve reuse project appro ved pursuant to the streamlined, ministerial process described above for up to 15 consecutive fiscal years. The bill would define “adaptive reuse investment incentive funds” to mean an amount up to or equal to the amount of ad valorem property tax revenue allocated to the participating local agenc y from the taxation of that portion of the total assessed v alue of the real and personal property of an adaptive reuse project property that is in excess of the qualified adaptive reuse project property’s valuation at the time of the proponent’s initial request for funding.

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. Chapter 8 (commencing with Section 51298) is line 2 added to Part 1 of Division 1 of Title 5 of the Government Code, line 3 to read:
line 4
line 5 Chapter 8. Adaptive Reuse Investment Incentive line 6 Program
line 7
line 8 51298. It is the intent of the Legislature in enacting this chapter line 9 to pro vide cities and counties with opportunities to adapti vely line 10 reuse e xisting b uildings, such as office b uildings, in order to line 11 facilitate their conversion to housing and mixed uses. line 12 51298.1. For purposes of this chapter:
line 13 (a) “Adaptive reuse in vestment incentive funds” means, with line 14 respect to a qualified adaptive reuse project property for a relevant line 15 fiscal year, an amount up to or equal to the amount of ad valorem 99 AB 3068 — 3 —

Packet Pg. 43
Communication: Assembly Bill 3068- Bill Text (ITEM 4 ASSEMBLY BILL 3068: Adaptive Reuse: Streamlining: Incentives) line 1 property tax re venue allocated to the participating local agenc y, line 2 excluding the revenue transfers required by Sections 97.2 and 97.3 line 3 of the Revenue and Taxation Code, from the taxation of that portion line 4 of the total assessed value of the real and personal property of an line 5 adaptive reuse project property that is in e xcess of the qualified line 6 adaptive reuse project property’ s v aluation at the time of the line 7 proponent’s initial request for funding.
line 8 (b)  “Program” means an adapti ve reuse in vestment incentive line 9 program established pursuant to Section 51298.2. line 10 (c)  (1)  “Proponent” means a party or parties that meet all of line 11 the following criteria:
line 12 (A)  The party is named in the application for a permit to line 13 construct a qualified adaptive reuse project submitted to the city line 14 or county.
line 15 (B)  The party will either be the fee o wner of the qualified line 16 adaptive reuse project property upon the completion of that line 17 development or the party enters a sale-leaseback transaction for line 18 the qualified adaptive reuse project property.
line 19 (2)  If a proponent that is receiving capital investment incentive line 20 amounts subsequently leases the qualified adapti ve reuse project line 21 property to another party, the lease may provide for the payment line 22 to that lessee of any portion of adaptive reuse investment incentive line 23 funds. A lessee that recei ves an y portion of adapti ve reuse line 24 investment incentive funds shall also be considered a proponent line 25 for the purposes of this chapter.
line 26 (d)  “Qualified adapti ve reuse project property” means an line 27 adaptive reuse proposed pursuant to Article 11.5 (commencing line 28 with Section 65658) of Chapter 3 of Di vision 1 of Title 7 that is line 29 located within the city or county.
line 30 51298.2. (a)  Commencing in the 2024–25 fiscal year , the line 31 governing body of a city or county may, by ordinance or resolution, line 32 establish an adaptive reuse investment incentive program pursuant line 33 to this chapter.
line 34 (b)  (1)  A city or county that establishes a program shall, upon line 35 the appro val by a majority of the entire membership of its line 36 governing body of a written request therefor , pay adaptive reuse line 37 investment incentive funds to the proponent of a qualified adaptive line 38 reuse project property for up to 15 consecutive fiscal years. line 39 (2)  A request for the payment of adapti ve reuse in vestment line 40 incentive funds shall be filed by a proponent in writing with the 99 — 4 — AB 3068

Packet Pg. 44
Communication: Assembly Bill 3068- Bill Text (ITEM 4 ASSEMBLY BILL 3068: Adaptive Reuse: Streamlining: Incentives) line 1 governing body of the city or county in the time and manner line 2 established by that governing body.
line 3 (c)  After a city or county approves a request for the payment of line 4 adaptive reuse in vestment incentive funds, payment of adapti ve line 5 reuse investment incentive funds shall be gin with the first fiscal line 6 year that commences after the qualified adapti ve reuse property line 7 is issued a certificate of occupancy.
line 8 51298.3. A city or special district may pay to the city or county line 9 an amount equal to the amount of ad valorem property tax revenue line 10 allocated to that city or special district, but not the actual allocation, line 11 derived from the taxation of that portion of the total assessed value line 12 of that real property that is in e xcess of the property’ s valuation line 13 at the time of the proponent’s initial request for funding. line 14 SEC. 2. Article 11.5 (commencing with Section 65658) is line 15 added to Chapter 3 of Di vision 1 of Title 7 of the Government line 16 Code, to read:
line 17
line 18 Article 11.5. Office to Housing Conversion Act line 19
line 20 PART 1. GENERAL PROVISIONS
line 21
line 22 65658. This article may be cited as the Office to Housing line 23 Conversion Act.
line 24 65658.1. For purposes of this article:
line 25 (a)  (1)  “Adaptive reuse” means the retrofitting and repurposing line 26 of an e xisting building to create ne w residential or mix ed uses line 27 including office conversion projects.
line 28 (2)  “Adaptive reuse” shall not include the retrofitting and line 29 repurposing of any light industrial use, unless the planning director line 30 or equivalent position determines that the specific light industrial line 31 use is no longer useful for industrial purposes. line 32 (b)  “Adjacent portion of the project” means the portion of the line 33 project located on a site adjacent to the proposed repurposed line 34 existing building.
line 35 (c)  “Broadly applicable housing af fordability requirement” line 36 means a local ordinance or other re gulation that requires a line 37 minimum percentage of af fordable units and that applies to a line 38 variety of housing development types or entitlement pathways. line 39 (d)  “Impact fee” means any fee imposed pursuant to Chapter 5 line 40 (commencing with Section 66000).
99 AB 3068 — 5 —

Packet Pg. 45
Communication: Assembly Bill 3068- Bill Text (ITEM 4 ASSEMBLY BILL 3068: Adaptive Reuse: Streamlining: Incentives) line 1 (e)  “Historical resource” means the same as defined in line 2 subdivision (j) of Section 5020.1 of the Public Resources Code, line 3 or a resource listed in the California Re gister of Historical line 4 Resources as described in Section 5024.1 of the Public Resources line 5 Code.
line 6 (f)  “Light industrial use” means a use that is not subject to line 7 permitting by a district, as defined in Section 39025 of the Health line 8 and Safety Code.
line 9 (g)  “Local government” means a city, including a charter city, line 10 a county, or a city and county.
line 11 (h)  “Mixed use” means residential uses combined with at least line 12 one other land use, but not including any industrial use. line 13 (i)  “Office con version project” means the con version of a line 14 building used for office purposes or a v acant office building into line 15 residential dwelling units.
line 16 (j)  “Persons and f amilies of lo w or moderate income” means line 17 the same as defined in Section 50093 of the Health and Safety line 18 Code.
line 19 (k)  “Phase I en vironmental assessment” means the same as line 20 defined in Section 78090 of the Health and Safety Code. line 21 (l)  “Phase II en vironmental assessment” means the same as line 22 defined in Section 25403 of the Health and Safety Code. line 23 (m)  “Preliminary endangerment assessment” means the same line 24 as defined in Section 78095 of the Health and Safety Code. line 25 (n)  “Residential uses” includes, b ut is not limited to, housing line 26 units, dormitories, boarding houses, and group housing. line 27 “Residential uses” does not include prisons or jails. line 28 (o)  “Use by right” means that the city’ s or county’s review of line 29 the adaptive reuse project may not require a conditional use permit, line 30 planned unit de velopment permit, or other discretionary city or line 31 county review or appro val that w ould constitute a “project” for line 32 purposes of Division 13 (commencing with Section 21000) of the line 33 Public Resources Code. Any subdi vision of the sites shall be line 34 subject to all laws, including, but not limited to, a city or county line 35 ordinance implementing the Subdi vision Map Act (Di vision 2 line 36 (commencing with Section 66410)).
line 37 65658.3. A local go vernment may adopt an ordinance to line 38 implement this article and specify the process and requirements line 39 applicable to adaptive reuse projects, provided that the ordinance line 40 is consistent with, and does not inhibit the objectives of, this article. 99 — 6 — AB 3068

Packet Pg. 46
Communication: Assembly Bill 3068- Bill Text (ITEM 4 ASSEMBLY BILL 3068: Adaptive Reuse: Streamlining: Incentives) line 1 65658.4. The Legislature finds and declares that this article line 2 addresses a matter of state wide concern rather than a municipal line 3 affair as that term is used in Section 5 of Article XI of the line 4 California Constitution. Therefore, this article applies to all cities, line 5 including charter cities.
line 6
line 7 PART 2. STREAMLINED, MINISTERIAL APPROVAL
line 8
line 9 65658.5. (a)  An adapti ve reuse project that meets the line 10 requirements of subdivision (b) shall be deemed a use by right in line 11 all zones, regardless of the zoning of the site, and subject to the line 12 streamlined, ministerial re view process described in Section line 13 65658.7, e xcept that the nonresidential uses of a proposed line 14 mixed-use adaptive reuse project shall be consistent with the land line 15 uses allowed by the zoning or a continuation of an existing zoning line 16 nonconforming use.
line 17 (b)  An adapti ve reuse project shall comply with all of the line 18 following requirements:
line 19 (1)  The adapti ve reuse project is proposed for an y of the line 20 following, as applicable:
line 21 (A)  The project is proposed for an existing building that is less line 22 than 50 years old.
line 23 (B)  The project is proposed for an existing building that is listed line 24 on a local, state, or federal re gister of historic resources and the line 25 adaptive reuse project proponent complies with Section 65658.7. line 26 (C)  The project is proposed for an existing building that is more line 27 than 50 years old and the local government has evaluated the site line 28 through a preliminary application submitted pursuant to subdivision line 29 (a) of Section 65658.7 and either of the following are satisfied:
line 30 (i)  The local government determines that the building or site is line 31 a historic resource and the adapti ve reuse project proponent line 32 complies with Section 65658.7.
line 33 (ii)  The local government determines that the b uilding or site line 34 is not a historic resource.
line 35 (2)  The project complies with an y broadly applicable housing line 36 affordability requirement adopted by the local go vernment. line 37 Notwithstanding an y other la w, a local go vernment shall not line 38 impose or enforce an y broadly applicable housing af fordability line 39 requirement on the housing units of an adaptive reuse project that 99 AB 3068 — 7 —

Packet Pg. 47
Communication: Assembly Bill 3068- Bill Text (ITEM 4 ASSEMBLY BILL 3068: Adaptive Reuse: Streamlining: Incentives) line 1 requires the project to restrict more than 10 percent of retrofitted line 2 or repurposed units as affordable.
line 3 (3)  (A)  If the adapti ve reuse project includes mix ed uses, at line 4 least one-half of the square footage of the adapti ve reuse project line 5 shall be dedicated to residential uses. F or purposes of this line 6 subparagraph, square footage of the project does not include line 7 underground space, including basements or underground parking line 8 garages.
line 9 (B)  If the adapti ve reuse project is also an office con version line 10 project that creates at least one new housing unit, the development line 11 proponent may elect for subparagraph (A) to not apply to the line 12 project. Both of the following restrictions shall apply to a project line 13 subject to this subparagraph:
line 14 (i)  The adaptive reuse project shall not be eligible to include line 15 adjacent uses pursuant to Section 65658.6, unless the adjacent uses line 16 are separately approved projects that do not utilize the provisions line 17 of this article.
line 18 (ii)  The streamlined appro val process established pursuant to line 19 this article shall apply only to the new housing units created. line 20 (4)  (A)  The adaptive reuse project proponent completes a Phase line 21 I en vironmental assessment, and a Phase II en vironmental line 22 assessment, if warranted.
line 23 (B)  If a recognized en vironmental condition is found, the line 24 adaptive reuse project proponent shall undertak e a preliminary line 25 endangerment assessment prepared by an environmental assessor line 26 to determine the existence of any release of a hazardous substance line 27 on the site and to determine the potential for e xposure of future line 28 occupants to significant health hazards from any nearby property line 29 or activity.
line 30 (i)  If a release of hazardous substance is found to e xist on the line 31 site, prior to occupancy, the project proponent shall agree to remove line 32 the release or any significant effect of the release shall be mitigated line 33 to a level of insignificance in compliance with state and federal line 34 requirements.
line 35 (ii)  If a potential for e xposure to significant hazards from line 36 surrounding properties or activities is found to exist, the effects of line 37 the potential exposure shall be mitigated to a level of insignificance line 38 in compliance with current state and federal requirements. line 39 (c)  An adaptive reuse project that meets all the requirements of line 40 subdivision (b) may include rooftop structures that e xceed any 99 — 8 — AB 3068

Packet Pg. 48
Communication: Assembly Bill 3068- Bill Text (ITEM 4 ASSEMBLY BILL 3068: Adaptive Reuse: Streamlining: Incentives) line 1 applicable height limitation imposed by the local go vernment, line 2 provided that the rooftop structure does not exceed one story and line 3 is used for shared amenities.
line 4 65658.6. (a)  An adapti ve reuse project that satisfies the line 5 requirements of Section 65658.5 may include the development of line 6 new residential or mixed-use structures on undeveloped areas and line 7 parking areas on the parcels adjacent to the proposed adapti ve line 8 reuse project site if all of the following requirements are met:
line 9 (1)  The adjacent portion of the project on the site adjacent to line 10 the proposed repurposed e xisting b uilding complies with the line 11 requirements of any of the following:
line 12 (A)  The requirements of paragraph (5) of subdi vision (a) of line 13 Section 65913.4.
line 14 (B)  The requirements of the Affordable Housing and High Road line 15 Jobs Act of 2022 (Chapter 4.1 (commencing with Section line 16 65912.100)).
line 17 (C)  The requirements of the Middle Class Housing Act of 2022 line 18 (Section 65852.24).
line 19 (2)  The adjacent portion of the project is located on a parcel line 20 that satisfies the requirements specified in subparagraphs (A) and line 21 (B) of paragraph (2) of subdivision (a) of Section 65913.4. line 22 (3)  The adjacent portion of the project is located on a parcel line 23 that satisfies the requirements specified in subparagraphs (B) to line 24 (K), inclusi ve, of paragraph (6) of subdi vision (a) of Section line 25 65913.4.
line 26 (4)  The adjacent portion of the project is located on a parcel line 27 that satisfies the requirements specified in paragraph (7) of line 28 subdivision (a) of Section 65913.4.
line 29 (5)  The applicant and local agency comply with the requirements line 30 of subdivision (b) of Section 65913.4.
line 31 (6)  Any existing open space on the proposed project site is not line 32 a contributor to a historic resource.
line 33 (b)  The adjacent portion of the project shall be eligible for a line 34 density bonus, incentives or concessions, waivers or reductions of line 35 development standards, and parking ratios pursuant to Section line 36 65915.
line 37 (c)  For purposes of this section, “adjacent portion of the project” line 38 means the portion of the project located on a site adjacent to the line 39 proposed repurposed existing building.
99 AB 3068 — 9 —

Packet Pg. 49
Communication: Assembly Bill 3068- Bill Text (ITEM 4 ASSEMBLY BILL 3068: Adaptive Reuse: Streamlining: Incentives) line 1 65658.7. (a)  (1)  Before submitting an application for an line 2 adaptive reuse project pursuant to Section 65658.5 for a structure line 3 that is more than 50 years old and not listed on a local, state, or line 4 federal register of historic resources, the de velopment proponent line 5 shall submit to the local government a notice of its intent to submit line 6 an application. The notice of intent shall be in the form of a line 7 preliminary application that includes all of the information line 8 described in Section 65941.1.
line 9 (2)  Upon receipt of a notice of intent to submit an application line 10 described in subdivision (a), the local go vernment shall evaluate line 11 the project site for historical resources. The local government shall line 12 make a historic resource significance determination within 90 days line 13 of submission of the notice of intent for purposes of paragraph (1) line 14 of subdivision (b) of Section 65658.5.
line 15 (b)  If the adapti ve reuse project is proposed for an e xisting line 16 building that is listed on a local, state, or federal register of historic line 17 resources or if the local government has determined that the project line 18 site is a significant historic resource pursuant to subdi vision (a), line 19 the adapti ve reuse project proponent shall sign an affida vit line 20 declaring that the project will only mo ve forward if it complies line 21 with either of the following:
line 22 (1)  The United States Secretary of the Interior’s Standards for line 23 Rehabilitation, as found in P art 67 of Title 36 of the Code of line 24 Federal Regulations.
line 25 (2)  The project is a warded federal historic rehabilitation tax line 26 credits pursuant to Section 47 of Internal Revenue Code, or state line 27 historic rehabilitation tax credits pursuant to Section 17053.91 or line 28 23691 of the Revenue and Taxation Code.
line 29 (c)  (1)  Notwithstanding subdivision (b), if the adapti ve reuse line 30 project is proposed for a site that is listed on a local, state, or federal line 31 historic register and the adaptive reuse project proponent does not line 32 sign an affidavit pursuant to subdivision (b), the local government line 33 shall process the adapti ve reuse project pursuant to Section line 34 65658.5, b ut the local go vernment may den y or conditionally line 35 approve the project if the local go vernment makes a finding that line 36 the project will cause a significant adv erse impact to historic line 37 resources. A local agency may impose conditions of appro val to line 38 mitigate impacts to historic resources and to comply with the line 39 United States Secretary of the Interior’ s Standards for line 40 Rehabilitation, as found in P art 67 of Title 36 of the Code of 99 — 10 — AB 3068

Packet Pg. 50
Communication: Assembly Bill 3068- Bill Text (ITEM 4 ASSEMBLY BILL 3068: Adaptive Reuse: Streamlining: Incentives) line 1 Federal Re gulations, b ut shall not impose other conditions of line 2 approval.
line 3 (2)  Review of an adaptive reuse project pursuant to this section line 4 shall not constitute a “project” for purposes of Di vision 13 line 5 (commencing with Section 21000) of the Public Resources Code. line 6 65658.8. (a)  (1)  Notwithstanding an y local la w, if a local line 7 government’s planning director or equivalent position determines line 8 that an adaptive reuse project submitted pursuant to this article is line 9 consistent with the objecti ve planning standards specified in line 10 Section 65658.5 and Section 65658.6, if applicable, the local line 11 government shall appro ve the adapti ve reuse project. Upon a line 12 determination that an adapti ve reuse project submitted pursuant line 13 to this section is in conflict with an y of the objecti ve planning line 14 standards specified in Section 65658.5 or Section 65658.6, if line 15 applicable, the local go vernment staff or relevant local planning line 16 and permitting department that made the determination shall line 17 provide the de velopment proponent written documentation of line 18 which standard or standards the de velopment conflicts with, and line 19 an explanation for the reason or reasons the development conflicts line 20 with that standard or standards, as follows:
line 21 (A)  Within 60 days of submittal of the adapti ve reuse project line 22 to the local go vernment pursuant to this section if the project line 23 contains 150 or fewer housing units.
line 24 (B)  Within 90 days of submittal of the adapti ve reuse project line 25 to the local go vernment pursuant to this section if the project line 26 contains more than 150 housing units.
line 27 (2)  If the local go vernment’s planning director or equi valent line 28 position fails to provide the required documentation pursuant to line 29 paragraph (1), the adaptive reuse project shall be deemed to satisfy line 30 the objective planning standards specified in Section 65658.5 and line 31 Section 65658.6, if applicable.
line 32 (3)  For purposes of this section, an adapti ve reuse project is line 33 consistent with the objecti ve planning standards specified in line 34 Section 65658.5 and Section 65658.6, if applicable, if there is line 35 substantial e vidence that w ould allo w a reasonable person to line 36 conclude that the project is consistent with the objective planning line 37 standards. The local go vernment shall not determine that an line 38 adaptive reuse project, including an application for a modification line 39 under subdivision (f), is in conflict with the objecti ve planning line 40 standards on the basis that application materials are not included, 99 AB 3068 — 11 —

Packet Pg. 51
Communication: Assembly Bill 3068- Bill Text (ITEM 4 ASSEMBLY BILL 3068: Adaptive Reuse: Streamlining: Incentives) line 1 if the application contains substantial e vidence that would allow line 2 a reasonable person to conclude that the project is consistent with line 3 the objective planning standards.
line 4 (4)  Upon submittal of an application for streamlined, ministerial line 5 approval pursuant to this section to the local go vernment, all line 6 departments of the local government that are required to issue an line 7 approval of the adapti ve reuse project before the granting of an line 8 entitlement shall comply with the requirements of this section line 9 within the time periods specified in paragraph (1). line 10 (b)  (1)  Any design review of the adjacent portion of the project line 11 may be conducted by the local government’s planning commission line 12 or an y equi valent board or commission responsible for design line 13 review. That design re view shall be objecti ve and be strictly line 14 focused on assessing compliance with criteria required for line 15 streamlined projects. That design review shall be completed, and line 16 if the project is consistent with all objecti ve standards, the local line 17 government shall approve the project as follo ws and shall not in line 18 any way inhibit, chill, or preclude the ministerial approval provided line 19 by this article or its effect, as applicable:
line 20 (A)  Within 90 days of submittal of the adapti ve reuse project line 21 to the local go vernment pursuant to this section if the project line 22 contains 150 or fewer housing units.
line 23 (B)  Within 180 days of submittal of the qualified adaptive reuse line 24 project to the local go vernment pursuant to this section if the line 25 project contains more than 150 housing units.
line 26 (2)  If the adapti ve reuse project is consistent with the line 27 requirements of Section 65658.5 and Section 65658.6, if applicable, line 28 and is consistent with all objecti ve subdivision standards in the line 29 local subdi vision ordinance, an application for a subdi vision line 30 pursuant to the Subdi vision Map Act (Division 2 (commencing line 31 with Section 66410)) shall be e xempt from the requirements of line 32 the California En vironmental Quality Act (Di vision 13 line 33 (commencing with Section 21000) of the Public Resources Code) line 34 and shall be subject to the public o versight timelines set forth in line 35 paragraph (1).
line 36 (3)  If a local go vernment determines that an adapti ve reuse line 37 project submitted pursuant to this article is in conflict with any of line 38 the standards imposed pursuant to paragraph (1), it shall pro vide line 39 the project proponent written documentation of which objecti ve line 40 standard or standards the adaptive reuse project conflicts with, and 99 — 12 — AB 3068

Packet Pg. 52
Communication: Assembly Bill 3068- Bill Text (ITEM 4 ASSEMBLY BILL 3068: Adaptive Reuse: Streamlining: Incentives) line 1 an explanation for the reason or reasons the project conflicts with line 2 that objective standard or standards consistent with the timelines line 3 described in paragraph (1) of subdivision (a).
line 4 (c)  (1)  Notwithstanding any law, a local government, whether line 5 or not it has adopted an ordinance governing automobile parking line 6 requirements in multif amily de velopments, shall not impose line 7 automobile parking standards for an adjacent portion of the project line 8 that was approved pursuant to this article in any of the following line 9 instances:
line 10 (A)  The adjacent portion of the project is located within one-half line 11 mile of public transit.
line 12 (B)  The adjacent portion of the project is located within an line 13 architecturally and historically significant historic district. line 14 (C)  When on-street parking permits are required but not offered line 15 to the occupants of the adjacent portion of the project. line 16 (D)  When there is a car share vehicle located within one block line 17 of the adjacent portion of the project.
line 18 (2)  If the adjacent portion of the project does not fall within any line 19 of the categories described in paragraph (1), the local government line 20 shall not impose automobile parking requirements for the adjacent line 21 portion of the project approved pursuant to this article that exceed line 22 one parking space per unit.
line 23 (d)  Notwithstanding an y la w, a local go vernment shall not line 24 require any of the following prior to approving an adaptive reuse line 25 project that meets the requirements of this article:
line 26 (1)  Studies, information, or other materials that do not pertain line 27 directly to determining whether the adapti ve reuse project is line 28 consistent with the objective planning standards applicable to the line 29 development.
line 30 (2)  (A)  Compliance with any standards necessary to receive a line 31 postentitlement permit.
line 32 (B)  This paragraph does not prohibit a local agenc y from line 33 requiring compliance with an y standards necessary to recei ve a line 34 postentitlement permit after a permit has been issued pursuant to line 35 this section.
line 36 (C)  For purposes of this paragraph, “postentitlement permit” line 37 has the same meaning as pro vided in subparagraph (A) of line 38 paragraph (3) of subdivision (j) of Section 65913.3. line 39 (e)  (1)  If a local government approves an adaptive reuse project line 40 pursuant to this article, then, notwithstanding an y other law, that 99 AB 3068 — 13 —

Packet Pg. 53
Communication: Assembly Bill 3068- Bill Text (ITEM 4 ASSEMBLY BILL 3068: Adaptive Reuse: Streamlining: Incentives) line 1 approval shall not e xpire if the project satisfies both of the line 2 following requirements:
line 3 (A)  The project includes public in vestment in housing line 4 affordability, beyond tax credits.
line 5 (B)  At least 20 percent of the units are affordable to households line 6 making at or below 80 percent of the area median income. line 7 (2)  (A)  If a local government approves an adaptive reuse project line 8 pursuant to this article, and the project does not satisfy the line 9 requirements of subparagraphs (A) and (B) of paragraph (1), that line 10 approval shall remain v alid for three years from the date of the line 11 final action establishing that appro val, or if litig ation is filed line 12 challenging that appro val, from the date of the final judgment line 13 upholding that approval. Approval shall remain valid for a project line 14 provided construction activity, including demolition and grading line 15 activity, on the de velopment site has be gun pursuant to a permit line 16 issued by the local jurisdiction and is in progress. For purposes of line 17 this subdivision, “in progress” means one of the following:
line 18 (i)  Construction has be gun and has not ceased for more than line 19 180 days.
line 20 (ii)  If the project requires multiple b uilding permits, an initial line 21 phase has been completed, and the project proponent has applied line 22 for and is diligently pursuing a b uilding permit for a subsequent line 23 phase, provided that once it has been issued, the b uilding permit line 24 for the subsequent phase does not lapse.
line 25 (B)  Notwithstanding subparagraph (A), a local government may line 26 grant a project a one-time, one-year e xtension if the project line 27 proponent can pro vide documentation that there has been line 28 significant progress to ward getting the adapti ve reuse project line 29 construction ready, such as filing a building permit application. line 30 (3)  If the qualified adaptive reuse project proponent requests a line 31 modification pursuant to subdivision (f), then the time during which line 32 the approval shall remain valid shall be extended for the number line 33 of days between the submittal of a modification request and the line 34 date of its final approval, plus an additional 180 days to allow time line 35 to obtain a b uilding permit. If litig ation is filed relating to the line 36 modification request, the time shall be further extended during the line 37 pendency of the litigation. The extension required by this paragraph line 38 shall only apply to the first request for a modification submitted line 39 by the development proponent.
99 — 14 — AB 3068

Packet Pg. 54
Communication: Assembly Bill 3068- Bill Text (ITEM 4 ASSEMBLY BILL 3068: Adaptive Reuse: Streamlining: Incentives) line 1 (f)  (1)  (A)  A de velopment proponent may request a line 2 modification to a qualified adapti ve reuse project that has been line 3 approved under the streamlined approval process provided in this line 4 article if that request is submitted to the local government before line 5 the issuance of the final building permit required for construction line 6 of the adaptive reuse project.
line 7 (B)  Except as provided in paragraph (3), the local government line 8 shall approve a modification if it determines that the modification line 9 is consistent with the objecti ve planning standards specified in line 10 subdivision (a) that were in effect when the original adaptive reuse line 11 project application was first submitted.
line 12 (C)  The local go vernment shall e valuate an y modifications line 13 requested pursuant to this subdi vision for consistenc y with the line 14 objective planning standards using the same assumptions and line 15 analytical methodology that the local government originally used line 16 to assess consistenc y for the adapti ve reuse project that w as line 17 approved for streamlined, ministerial appro val pursuant to line 18 subdivision (a).
line 19 (2)  Upon receipt of the adapti ve reuse project proponent’ s line 20 application requesting a modification, the local government shall line 21 determine if the requested modification is consistent with the line 22 objective planning standard and either appro ve or den y the line 23 modification request within 60 days after submission of the line 24 modification, or within 90 days if design review is required. line 25 (3)  Notwithstanding paragraph (1), the local go vernment may line 26 apply objective planning standards to an adjacent portion of the line 27 project adopted after the project application was first submitted to line 28 the requested modification in any of the following instances:
line 29 (A)  The adjacent portion of the project is revised such that the line 30 total number of residential units or total square footage of line 31 construction changes by 15 percent or more. The calculation of line 32 the square footage of construction changes shall not include line 33 underground space.
line 34 (B)  The adjacent portion of the project is revised such that the line 35 total number of residential units or total square footage of line 36 construction changes by 5 percent or more and it is necessary to line 37 subject the project to an objective standard beyond those in effect line 38 when the project application was submitted in order to mitigate or line 39 avoid a specific, adv erse impact, as that term is defined in line 40 subparagraph (A) of paragraph (1) of subdi vision (j) of Section 99 AB 3068 — 15 —

Packet Pg. 55
Communication: Assembly Bill 3068- Bill Text (ITEM 4 ASSEMBLY BILL 3068: Adaptive Reuse: Streamlining: Incentives) line 1 65589.5, upon the public health or safety and there is no feasible line 2 alternative method to satisfactorily mitigate or avoid the adverse line 3 impact. The calculation of the square footage of construction line 4 changes shall not include underground space.
line 5 (C) Objective b uilding standards contained in the California line 6 Building Standards Code (T itle 24 of the California Code of line 7 Regulations), including, b ut not limited to, b uilding plumbing, line 8 electrical, fire, and grading codes, may be applied to all line 9 modification applications that are submitted prior to the first line 10 building permit application. Those standards may be applied to line 11 modification applications submitted after the first building permit line 12 application if agreed to by the development proponent. line 13 (4) The local go vernment’s review of a modification request line 14 pursuant to this subdivision shall be strictly limited to determining line 15 whether the modification, including any modification to previously line 16 approved density bonus concessions or w aivers, modify the line 17 project’s consistency with the objecti ve planning standards and line 18 shall not reconsider prior determinations that are not af fected by line 19 the modification.
line 20 65658.9. (a) A local go vernment shall issue a subsequent line 21 permit required for an adaptive reuse project approved under this line 22 article if the application substantially complies with the project as line 23 it was approved pursuant to Section 65658.8. Upon receipt of an line 24 application for a subsequent permit, the local go vernment shall line 25 process the permit without unreasonable delay and shall not impose line 26 any procedure or requirement that is not imposed on projects that line 27 are not appro ved pursuant to this article. The local go vernment line 28 shall consider the application for subsequent permits based upon line 29 the applicable objective standards specified in an y state or local line 30 laws that were in ef fect when the original adapti ve reuse project line 31 application was submitted, unless the proponent agrees to a change line 32 in objecti ve standards. Issuance of subsequent permits shall line 33 implement the appro ved project, and re view of the permit line 34 application shall not inhibit, chill, or preclude the adapti ve reuse line 35 project. F or purposes of this paragraph, a “subsequent permit” line 36 means a permit required subsequent to recei ving approval under line 37 subdivision (a) of Section 65658.8, and includes, but is not limited line 38 to, demolition, grading, encroachment, and b uilding permits and line 39 final maps, if necessary.
99 — 16 — AB 3068

Packet Pg. 56
Communication: Assembly Bill 3068- Bill Text (ITEM 4 ASSEMBLY BILL 3068: Adaptive Reuse: Streamlining: Incentives) line 1 (b)  (1)  If a public impro vement is necessary to implement a line 2 project subject to this article, including, but not limited to, a bicycle line 3 lane, sidewalk or w alkway, public transit stop, dri veway, street line 4 paving or overlay, a curb or gutter, a modified intersection, a street line 5 sign or street light, landscape or hardscape, an abo ve-ground or line 6 underground utility connection, a w ater line, fire h ydrant, storm line 7 or sanitary sewer connection, retaining wall, and any related work, line 8 and that public improvement is located on land owned by the local line 9 government, to the e xtent that the public impro vement requires line 10 approval from the local go vernment, the local go vernment shall line 11 not exercise its discretion over any approval relating to the public line 12 improvement in a manner that would inhibit, chill, or preclude the line 13 project.
line 14 (2)  If an application for a public impro vement described in line 15 paragraph (1) is submitted to a local go vernment, the local line 16 government shall do all of the following:
line 17 (A)  Consider the application based upon any objective standards line 18 specified in an y state or local la ws that were in ef fect when the line 19 original adaptive reuse project application was submitted. line 20 (B)  Conduct its review and approval in the same manner as it line 21 would evaluate the public impro vement if required by a project line 22 that is not eligible to recei ve ministerial or streamlined appro val line 23 pursuant to this section.
line 24 (3)  If an application for a public impro vement described in line 25 paragraph (1) is submitted to a local go vernment, the local line 26 government shall not do either of the following:
line 27 (A)  Adopt or impose any requirement that applies to a project line 28 solely or partially on the basis that the project is eligible to receive line 29 ministerial or streamlined approval pursuant to this article. line 30 (B)  Unreasonably delay in its consideration, review, or approval line 31 of the application.
line 32 65658.10. (a)  A local government shall not adopt or impose line 33 any requirement, including, b ut not limited to, increased fees or line 34 inclusionary housing requirements, that applies to a project solely line 35 or partially on the basis that the project is eligible to recei ve line 36 ministerial or streamlined approval pursuant to this article. line 37 (b)  This article shall not affect a project proponent’s ability to line 38 use any alternative streamlined by right permit processing adopted line 39 by a local government.
99 AB 3068 — 17 —

Packet Pg. 57
Communication: Assembly Bill 3068- Bill Text (ITEM 4 ASSEMBLY BILL 3068: Adaptive Reuse: Streamlining: Incentives) line 1 (c)  This article shall not prevent a project from also qualifying line 2 as a housing de velopment project entitled to the protections of line 3 Section 65589.5.
line 4 (d)  Alterations to an existing building necessary to comply with line 5 the California Building Standards Code, International Existing line 6 Building Code, or California Historical Building Code shall not line 7 disqualify a qualified adaptive reuse project from the streamlined, line 8 ministerial review process established under this article. line 9
line 10 PART 3. IMPACT FEES
line 11
line 12 65658.15. (a)  Notwithstanding an y other la w, an adapti ve line 13 reuse project shall be e xempt from all impact fees that are not line 14 directly related to the impacts resulting from the change of use of line 15 the site from nonresidential to residential or mixed use. Any fees line 16 charged shall be proportional to the difference in impacts caused line 17 by the change of use.
line 18 (b)  This section shall not apply to an y adjacent portion of the line 19 project.
line 20 65658.16. Notwithstanding Chapter 5 (commencing with line 21 Section 66000), an y impact fees imposed on an adapti ve reuse line 22 project pursuant to this article shall, at the request of the project line 23 proponent, be collected on the date the certificate of occupancy is line 24 issued.
line 25 65658.17. (a)  An adaptive reuse project proponent that utilizes line 26 Section 65658.16 shall be required to execute a contract to pay the line 27 fees, or applicable portion thereof, within the time specified. line 28 (b)  The obligation to pay the fees pursuant to this part shall line 29 inure to the benefit of, and be enforceable by, the local government line 30 that imposed the fee or charge, regardless of whether it is a party line 31 to the contract. The contract shall contain a le gal description of line 32 the property affected, shall be recorded in the office of the county line 33 recorder of the county and, from the date of recordation, shall line 34 constitute a lien for the payment of the fees, which shall be line 35 enforceable against successors in interest to the property owner or line 36 lessee at the time of issuance of the building permit. The contract line 37 shall be recorded in the grantor -grantee index in the name of the line 38 public agency issuing the b uilding permit as grantee and in the line 39 name of the property o wner or lessee as grantor . The local line 40 government shall record a release of the oblig ation, containing a 99 — 18 — AB 3068

Packet Pg. 58
Communication: Assembly Bill 3068- Bill Text (ITEM 4 ASSEMBLY BILL 3068: Adaptive Reuse: Streamlining: Incentives) line 1 legal description of the property, in the event the obligation is paid line 2 in full, or a partial release in the event the fee or charge is prorated. line 3 (c)  The contract e xecuted pursuant to subdi vision (a) may line 4 require the property o wner or lessee to pro vide appropriate line 5 notification of the opening of an y escro w for the sale of the line 6 property for which the building permit was issued and to provide line 7 in the escrow instructions that the fee or charge be paid to the local line 8 government imposing the same from the sale proceeds in escrow line 9 prior to disbursing proceeds to the seller.
line 10 SEC. 3. Section 65585 of the Government Code is amended line 11 to read:
line 12 65585. (a)  In the preparation of its housing element, each city line 13 and county shall consider the guidelines adopted by the department line 14 pursuant to Section 50459 of the Health and Safety Code. Those line 15 guidelines shall be advisory to each city or county in the line 16 preparation of its housing element.
line 17 (b)  (1)  At least 90 days prior to adoption of a re vision of its line 18 housing element pursuant to subdivision (e) of Section 65588, or line 19 at least 60 days prior to the adoption of a subsequent amendment line 20 to this element, the planning agency shall submit a draft element line 21 revision or draft amendment to the department. The local line 22 government of the planning agenc y shall mak e the first draft line 23 revision of a housing element available for public comment for at line 24 least 30 days and, if an y comments are recei ved, the local line 25 government shall take at least 10 b usiness days after the 30-day line 26 public comment period to consider and incorporate public line 27 comments into the draft re vision prior to submitting it to the line 28 department. F or an y subsequent draft re vision, the local line 29 government shall post the draft revision on its internet website and line 30 shall email a link to the draft re vision to all indi viduals and line 31 organizations that ha ve previously requested notices relating to line 32 the local government’s housing element at least seven days before line 33 submitting the draft revision to the department. line 34 (2)  The planning agenc y staf f shall collect and compile the line 35 public comments regarding the housing element recei ved by the line 36 city, county, or city and county and pro vide these comments to line 37 each member of the legislative body before it adopts the housing line 38 element.
line 39 (3)  The department shall review the draft and report its written line 40 findings to the planning agency within 90 days of its receipt of the 99 AB 3068 — 19 —

Packet Pg. 59
Communication: Assembly Bill 3068- Bill Text (ITEM 4 ASSEMBLY BILL 3068: Adaptive Reuse: Streamlining: Incentives) line 1 first draft submittal for each housing element revision pursuant to line 2 subdivision (e) of Section 65588 or within 60 days of its receipt line 3 of a subsequent draft amendment or an adopted revision or adopted line 4 amendment to an element. The department shall not re view the line 5 first draft submitted for each housing element re vision pursuant line 6 to subdivision (e) of Section 65588 until the local government has line 7 made the draft available for public comment for at least 30 days line 8 and, if comments were recei ved, has tak en at least 10 b usiness line 9 days to consider and incorporate public comments pursuant to line 10 paragraph (1).
line 11 (c)  In the preparation of its findings, the department may consult line 12 with any public agenc y, group, or person. The department shall line 13 receive and consider an y written comments from an y public line 14 agency, group, or person re garding the draft or adopted element line 15 or amendment under review.
line 16 (d)  In its written findings, the department shall determine line 17 whether the draft element or draft amendment substantially line 18 complies with this article.
line 19 (e)  Prior to the adoption of its draft element or draft amendment, line 20 the le gislative body shall consider the findings made by the line 21 department. If the department’s findings are not a vailable within line 22 the time limits set by this section, the le gislative body may act line 23 without them.
line 24 (f)  If the department finds that the draft element or draft line 25 amendment does not substantially comply with this article, the line 26 legislative body shall take one of the following actions:
line 27 (1)  Change the draft element or draft amendment to substantially line 28 comply with this article.
line 29 (2)  Adopt the draft element or draft amendment without changes. line 30 The legislative body shall include in its resolution of adoption line 31 written findings that e xplain the reasons the le gislative body line 32 believes that the draft element or draft amendment substantially line 33 complies with this article despite the findings of the department. line 34 (g)  Promptly follo wing the adoption of its element or line 35 amendment, the planning agenc y shall submit a cop y to the line 36 department.
line 37 (h)  The department shall, within 60 days, re view adopted line 38 housing elements or amendments and report its findings to the line 39 planning agency.
99 — 20 — AB 3068

Packet Pg. 60
Communication: Assembly Bill 3068- Bill Text (ITEM 4 ASSEMBLY BILL 3068: Adaptive Reuse: Streamlining: Incentives) line 1 (i)  (1)  (A)  The department shall re view any action or f ailure line 2 to act by the city, county, or city and county that it determines is line 3 inconsistent with an adopted housing element or Section 65583, line 4 including any failure to implement any program actions included line 5 in the housing element pursuant to Section 65583. The department line 6 shall issue written findings to the city, county, or city and county line 7 as to whether the action or f ailure to act substantially complies line 8 with this article, and provide a reasonable time no longer than 30 line 9 days for the city , county, or city and county to respond to the line 10 findings before taking any other action authorized by this section, line 11 including the action authorized by subparagraph (B). line 12 (B)  If the department finds that the action or f ailure to act by line 13 the city, county, or city and county does not substantially comply line 14 with this article, and if it has issued findings pursuant to this section line 15 that an amendment to the housing element substantially complies line 16 with this article, the department may re voke its findings until it line 17 determines that the city, county, or city and county has come into line 18 compliance with this article.
line 19 (2)  The department may consult with an y local go vernment, line 20 public agency, group, or person, and shall recei ve and consider line 21 any written comments from any public agency, group, or person, line 22 regarding the action or f ailure to act by the city , county, or city line 23 and county described in paragraph (1), in determining whether the line 24 housing element substantially complies with this article. line 25 (j)  The department shall notify the city , county, or city and line 26 county and may notify the office of the Attorney General that the line 27 city, county, or city and county is in violation of state la w if the line 28 department finds that the housing element or an amendment to this line 29 element, or an y action or f ailure to act described in subdi vision line 30 (i), does not substantially comply with this article or that any local line 31 government has taken an action in violation of the following:
line 32 (1)  Housing Accountability Act (Section 65589.5). line 33 (2)  Section 65863.
line 34 (3)  Chapter 4.3 (commencing with Section 65915). line 35 (4)  Section 65008.
line 36 (5)  Housing Crisis Act of 2019 (Chapter 654, Statutes of 2019, line 37 Sections 65941.1, 65943, and 66300).
line 38 (6)  Section 8899.50.
line 39 (7)  Section 65913.4.
line 40 (8)  Article 11 (commencing with Section 65650). 99 AB 3068 — 21 —

Packet Pg. 61
Communication: Assembly Bill 3068- Bill Text (ITEM 4 ASSEMBLY BILL 3068: Adaptive Reuse: Streamlining: Incentives) line 1 (9)  Article 12 (commencing with Section 65660). line 2 (10)  Section 65913.11.
line 3 (11)  Section 65400.
line 4 (12)  Section 65863.2.
line 5 (13)  Chapter 4.1 (commencing with Section 65912.100). line 6 (14)  Section 65905.5.
line 7 (15)  Section 65852.2.
line 8 (16)  Section 65852.21.
line 9 (17)  Section 65852.22.
line 10 (18)  Section 65852.23.
line 11 (19)  Section 65852.24.
line 12 (20)  Section 65852.26.
line 13 (21)  Section 66411.7.
line 14 (22)  Section 65913.16.
line 15 (23)  Article 2 (commencing with Section 66300.5) of Chapter line 16 12.
line 17 (24)  Section 65852.28.
line 18 (25)  Section 65913.4.5.
line 19 (26)  Section 66499.41.
line 20 (27)  Article 11.5 (commencing with Section 65658). line 21 (k)  Commencing July 1, 2019, prior to the Attorney General line 22 bringing any suit for a violation of the pro visions identified in line 23 subdivision (j) related to housing element compliance and seeking line 24 remedies available pursuant to this subdi vision, the department line 25 shall offer the jurisdiction the opportunity for tw o meetings in line 26 person or via telephone to discuss the violation, and shall provide line 27 the jurisdiction written findings re garding the violation. This line 28 paragraph does not af fect any action filed prior to the ef fective line 29 date of this section. The requirements set forth in this subdivision line 30 do not apply to an y suits brought for a violation or violations of line 31 paragraphs (1) and (3) to (9), inclusive, of subdivision (j). line 32 (l)  In any action or special proceeding brought by the Attorney line 33 General relating to housing element compliance pursuant to a line 34 notice or referral under subdivision (j), the Attorney General may line 35 request, upon a finding of the court that the housing element does line 36 not substantially comply with the requirements of this article line 37 pursuant to this section, that the court issue an order or judgment line 38 directing the jurisdiction to bring its housing element into line 39 substantial compliance with the requirements of this article. The line 40 court shall retain jurisdiction to ensure that its order or judgment 99 — 22 — AB 3068

Packet Pg. 62
Communication: Assembly Bill 3068- Bill Text (ITEM 4 ASSEMBLY BILL 3068: Adaptive Reuse: Streamlining: Incentives) line 1 is carried out. If a court determines that the housing element of line 2 the jurisdiction substantially complies with this article, it shall line 3 have the same force and effect, for purposes of eligibility for any line 4 financial assistance that requires a housing element in substantial line 5 compliance and for purposes of an y incentives pro vided under line 6 Section 65589.9, as a determination by the department that the line 7 housing element substantially complies with this article. line 8 (1) If the jurisdiction has not complied with the order or line 9 judgment after 12 months, the court shall conduct a status line 10 conference. Following the status conference, upon a determination line 11 that the jurisdiction f ailed to comply with the order or judgment line 12 compelling substantial compliance with the requirements of this line 13 article, the court shall impose fines on the jurisdiction, which shall line 14 be deposited into the Building Homes and Jobs Trust Fund. Any line 15 fine le vied pursuant to this paragraph shall be in a minimum line 16 amount of ten thousand dollars ($10,000) per month, but shall not line 17 exceed one hundred thousand dollars ($100,000) per month, except line 18 as pro vided in paragraphs (2) and (3). In the e vent that the line 19 jurisdiction fails to pay fines imposed by the court in full and on line 20 time, the court may require the Controller to intercept any available line 21 state and local funds and direct such funds to the Building Homes line 22 and Jobs Trust Fund to correct the jurisdiction’ s failure to pay . line 23 The intercept of the funds by the Controller for this purpose shall line 24 not violate any provision of the California Constitution. line 25 (2) If the jurisdiction has not complied with the order or line 26 judgment after three months follo wing the imposition of fees line 27 described in paragraph (1), the court shall conduct a status line 28 conference. Following the status conference, if the court finds that line 29 the fees imposed pursuant to paragraph (1) are insufficient to bring line 30 the jurisdiction into compliance with the order or judgment, the line 31 court may multiply the fine determined pursuant to paragraph (1) line 32 by a factor of three. In the e vent that the jurisdiction f ails to pay line 33 fines imposed by the court in full and on time, the court may line 34 require the Controller to intercept an y available state and local line 35 funds and direct such funds to the Building Homes and Jobs Trust line 36 Fund to correct the jurisdiction’ s failure to pay. The intercept of line 37 the funds by the Controller for this purpose shall not violate an y line 38 provision of the California Constitution.
line 39 (3) If the jurisdiction has not complied with the order or line 40 judgment six months follo wing the imposition of fees described 99 AB 3068 — 23 —

Packet Pg. 63
Communication: Assembly Bill 3068- Bill Text (ITEM 4 ASSEMBLY BILL 3068: Adaptive Reuse: Streamlining: Incentives) line 1 in paragraph (1), the court shall conduct a status conference. Upon line 2 a determination that the jurisdiction failed to comply with the order line 3 or judgment, the court may impose the following:
line 4 (A)  If the court finds that the fees imposed pursuant to line 5 paragraphs (1) and (2) are insufficient to bring the jurisdiction into line 6 compliance with the order or judgment, the court may multiply line 7 the fine determined pursuant to paragraph (1) by a f actor of six. line 8 In the event that the jurisdiction fails to pay fines imposed by the line 9 court in full and on time, the court may require the Controller to line 10 intercept any available state and local funds and direct such funds line 11 to the Building Homes and Jobs Trust Fund to correct the line 12 jurisdiction’s f ailure to pay . The intercept of the funds by the line 13 Controller for this purpose shall not violate an y provision of the line 14 California Constitution.
line 15 (B)  The court may order remedies available pursuant to Section line 16 564 of the Code of Civil Procedure, under which the agent of the line 17 court may tak e all go vernmental actions necessary to bring the line 18 jurisdiction’s housing element into substantial compliance pursuant line 19 to this article in order to remedy identified deficiencies. The court line 20 shall determine whether the housing element of the jurisdiction line 21 substantially complies with this article and, once the court makes line 22 that determination, it shall have the same force and effect, for all line 23 purposes, as the department’ s determination that the housing line 24 element substantially complies with this article. An agent appointed line 25 pursuant to this paragraph shall ha ve e xpertise in planning in line 26 California.
line 27 (4)  This subdivision does not limit a court’s discretion to apply line 28 any and all remedies in an action or special proceeding for a line 29 violation of any law identified in subdivision (j). line 30 (m)  In determining the application of the remedies a vailable line 31 under subdivision (l), the court shall consider whether there are line 32 any mitigating circumstances delaying the jurisdiction from coming line 33 into compliance with state housing la w. The court may consider line 34 whether a city, county, or city and county is making a good f aith line 35 effort to come into substantial compliance or is facing substantial line 36 undue hardships.
line 37 (n)  Nothing in this section shall limit the authority of the office line 38 of the Attorney General to bring a suit to enforce state la w in an line 39 independent capacity. The office of the Attorney General may seek 99 — 24 — AB 3068

Packet Pg. 64
Communication: Assembly Bill 3068- Bill Text (ITEM 4 ASSEMBLY BILL 3068: Adaptive Reuse: Streamlining: Incentives) line 1 all remedies available under law including those set forth in this line 2 section.
line 3 (o) Notwithstanding Sections 11040 and 11042, if the Attorney line 4 General declines to represent the department in an y action or line 5 special proceeding brought pursuant to a notice or referral under line 6 subdivision (j), the department may appoint or contract with other line 7 counsel for purposes of representing the department in the action line 8 or special proceeding.
line 9 (p) Notwithstanding any other provision of law, the statute of line 10 limitations set forth in subdivision (a) of Section 338 of the Code line 11 of Civil Procedure shall apply to any action or special proceeding line 12 brought by the office of the Attorney General or pursuant to a line 13 notice or referral under subdi vision (j), or by the department line 14 pursuant to subdivision (o).
line 15 SEC. 4. No reimbursement is required by this act pursuant to line 16 Section 6 of Article XIIIB of the California Constitution because line 17 a local agency or school district has the authority to le vy service line 18 charges, fees, or assessments sufficient to pay for the program or line 19 level of service mandated by this act or because costs that may be line 20 incurred by a local agenc y or school district will be incurred line 21 because this act creates a ne w crime or infraction, eliminates a line 22 crime or infraction, or changes the penalty for a crime or infraction, line 23 within the meaning of Section 17556 of the Government Code, or line 24 changes the definition of a crime within the meaning of Section 6 line 25 of Article XIII B of the California Constitution.

O
99 AB 3068 — 25 —

Packet Pg. 65
Communication: Assembly Bill 3068- Bill Text (ITEM 4 ASSEMBLY BILL 3068: Adaptive Reuse: Streamlining: Incentives)

Legislative Committee – March 18, 2024

Assembly Bill 3109 - Theft

1 Recommendation

Legislative Committee recommend support of Assembly Bill 3109.

Summary

Introduced by Assembly Member Al Muratsuchi (D-66- Torrance), Assembly Bill 3109 amends Proposition 47 (2014) by reinstating the ability to charge a repeat offender convicted for a specified theft offense, with a misdemeanor or felony.

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

Background

According to the Public Policy Institute of California which had researchers testify in front of the State Assembly Select Committee on Retail Theft in January 2024, overall felony retail theft was up 16 percent in 2022 compared with 2019. Commercial robbery, which includes thefts in which force is used or threatened, like some smash-and-grab thefts, was up 13 percent over the same time period.

At the local level, recent data shows repeat offenders accounted for more than one-third of all arrests made by the Santa Clarita Valley Sheriff’s Station in 2023.

The Santa Clarita City Council supported similar legislation, Assembly Bill 1772 (Ramos) and Senate Bill 923 (Archuleta), at the February 27, 2024, Regular City Council Meeting.

Packet Pg. 66
Communication: Assembly Bill 3109 - Staff Report (ITEM 5 ASSEMBLY BILL 3109: Theft) 2 Additionally, the recommendation to support Assembly Bill 3109 is consistent with the City of Santa Clarita 2024 Executive and Legislative Platform. Specifically, Component 2 under the “State” section advises that the City Council, “Support legislative efforts to address the negative impacts of AB 109, Proposition 47, and Proposition 57 on local governments and provide local law enforcement with the appropriate tools to reduce criminal activity.”

Supporters

Unknown at this time.

Opponents

Unknown at this time.

Bill Status

Assembly Bill 3109 was introduced on February 16, 2024, and referred to the Assembly Committee on Public Safety. A hearing date had not been scheduled at the time this report was developed.

Packet Pg. 67
Communication: Assembly Bill 3109 - Staff Report (ITEM 5 ASSEMBLY BILL 3109: Theft) california legislature—2023–24 regular session
ASSEMBLY BILL No. 3109
Introduced by Assembly Members Muratsuchi and Pacheco
February 16, 2024
An act to add Section 666.1 to, and to add Chapter 2.97 (commencing with Section 1001.98) to Title 6 of Part 2 of, the Penal Code, relating to crimes.
legislative counsel’s digest
AB 3109, as introduced, Muratsuchi. Theft.
(1) Existing law, the Safe Neighborhoods and Schools Act, enacted as an initiative statute by Proposition 47, as appro ved by the electors at the November 4, 2014, state wide general election, mak es the theft of money, labor, or property petty theft punishable as a misdemeanor whenever the v alue of the property tak en does not e xceed $950 and grand theft when the v alue e xceeds $950. Proposition 47 requires shoplifting, defined as entering a commercial establishment with the intent to commit larcen y if the v alue of the property tak en does not exceed $950, to be punished as a misdemeanor.

The bill would, if a person has one con viction for a specified theft offense, mak e a second or subsequent con viction punishable by imprisonment in the county jail not exceeding one year, or 16 months, or 2 or 3 years.
(2) Existing law, until January 1, 2026, authorizes a city or county prosecuting authority or county probation department to create a diversion or deferred entry of judgment program for persons who commit a theft offense or repeat theft offenses, as specified.

This bill w ould, commencing January 1, 2026, authorize a city or county prosecuting authority or county probation department to create

99 Packet Pg. 68
Communication: Assembly Bill 3109 - Bill Text (ITEM 5 ASSEMBLY BILL 3109: Theft) a di version program for persons who commit theft or repeat theft offenses, as specified.
(3) This bill would provide that the provisions of the bill that amend Proposition 47 would become effective only upon approval of the voters, and would provide for the submission of those provisions to the voters for approval at the next statewide general election.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 666.1 is added to the Penal Code, to read:
line 2 666.1. (a)  (1)  Notwithstanding any other law, if a person has line 3 one conviction for any of the offenses listed in paragraph (2) and line 4 is con victed of a second or subsequent of fense, the second or line 5 subsequent conviction is punishable by imprisonment in the county line 6 jail not exceeding one year or pursuant to subdivision (h) of Section line 7 1170.
line 8 (2)  This section applies to the following offenses:
line 9 (A)  Petty theft, as described in Section 488.
line 10 (B)  Grand theft, as described in Section 487.
line 11 (C)  Shoplifting, as described in Section 459.5. line 12 SEC. 2. Chapter 2.97 (commencing with Section 1001.98) is line 13 added to Title 6 of Part 2 of the Penal Code, to read:
line 14
line 15 Chapter 2.97. Theft Crimes Diversion
line 16
line 17 1001.98. (a)  The city or county prosecuting attorney or county line 18 probation department may create a diversion program pursuant to line 19 this section for persons who commit a theft offense or repeat theft line 20 offenses. The program may be conducted by the prosecuting line 21 attorney’s office or the county probation department. line 22 (b)  Except as provided in subdivision (e), this chapter does not line 23 limit the power of the prosecuting attorne y to prosecute theft or line 24 repeat theft.
line 25 (c)  If a county creates a diversion or deferred entry of judgment line 26 program for individuals committing theft or repeat theft offenses, line 27 on receipt of a case or at arraignment, the prosecuting attorne y line 28 shall either refer the case to the county probation department to line 29 conduct a prefiling in vestigation report to assess the 99 — 2 — AB 3109

Packet Pg. 69
Communication: Assembly Bill 3109 - Bill Text (ITEM 5 ASSEMBLY BILL 3109: Theft) line 1 appropriateness of program placement or , if the prosecuting line 2 attorney’s office operates the program, determine if the case is one line 3 that is appropriate to be referred to the program. In determining line 4 whether to refer a case to the program, the probation department line 5 or prosecuting attorney shall consider, but is not limited to, all of line 6 the following factors:
line 7 (1)  Any prefiling investigation report conducted by the county line 8 probation department or nonprofit contract agenc y operating the line 9 program that e valuates the indi vidual’s risk and needs and the line 10 appropriateness of program placement.
line 11 (2)  If the person demonstrates a willingness to eng age in line 12 community service, restitution, or other mechanisms to repair the line 13 harm caused by the criminal acti vity and address the underlying line 14 drivers of the criminal activity.
line 15 (3)  If a risk and needs assessment identifies underlying substance line 16 abuse or mental health needs or other drivers of criminal activity line 17 that can be addressed through the di version or deferred entry of line 18 judgment program.
line 19 (4)  If the person has a violent or serious prior criminal record line 20 or has previously been referred to a diversion program and failed line 21 that program.
line 22 (5)  Any rele vant information concerning the efficac y of the line 23 program in reducing the lik elihood of participants committing line 24 future offenses.
line 25 (d)  On referral of a case to the program, a notice shall be line 26 provided to the person alleged to have committed the offense with line 27 both of the following information:
line 28 (1)  The date by which the person must contact the di version line 29 program or deferred entry of judgment program in the manner line 30 designated by the supervising agency.
line 31 (2)  A statement of the penalty for the of fense or offenses with line 32 which that person has been charged.
line 33 (e)  The prosecuting attorney may enter into a written agreement line 34 with the person to refrain from, or defer, prosecution on the offense line 35 or offenses on the following conditions:
line 36 (1)  Completion of the program requirements such as community line 37 service or courses reasonably required by the prosecuting attorney. line 38 (2)  Making adequate restitution or an appropriate substitute for line 39 restitution to the victim.
line 40 (f)  This chapter shall become operative on January 1, 2026. 99 AB 3109 — 3 —

Packet Pg. 70
Communication: Assembly Bill 3109 - Bill Text (ITEM 5 ASSEMBLY BILL 3109: Theft) line 1 SEC. 3. This act amends the Safe Neighborhoods and Schools line 2 Act, an initiative statute approved by the voters at the November line 3 4, 2014, state wide general election as Proposition 47, and shall line 4 become effective only when submitted to and appro ved by the line 5 voters. The Secretary of State shall submit Section 1 of this act for line 6 approval by the voters at a statewide election in accordance with line 7 Section 9040 of the Elections Code.

O
99 — 4 — AB 3109

Packet Pg. 71
Communication: Assembly Bill 3109 - Bill Text (ITEM 5 ASSEMBLY BILL 3109: Theft)

Legislative Committee – March 18, 2024

Assembly Bill 3171 – Controlled Substances: Fentanyl

1 Recommendation

Legislative Committee recommend support of Assembly Bill 3171.

Summary

Introduced by Assembly Member Esmeralda Soria (D-27-Fresno), Assembly Bill 3171 adds a sentence enhancement for the possession with intent to sell fentanyl. This legislation would increase the penalties if the possession of fentanyl is more than 28.35 grams, as follows:

• A person who possesses for sale or purchases for purposes of sale more than 28.35 grams of fentanyl shall be punished by imprisonment in a county jail for 4, 5, or 6 years. • A person who transports, imports into this state, sells, furnishes, administers, or gives away, or offers to transport, import into this state, sell, furnish, administer, or give away, or attempts to import into this state or transport more than 28.35 grams of fentanyl shall be punished by imprisonment in a county jail for 7, 8, or 9 years. • A person who transports more than 28.35 grams of fentanyl within the state from one county to another noncontiguous county shall be punished by imprisonment in a county jail for 7, 10, or 13 years.

Background

The opioid epidemic has become a nationwide issue affecting communities across the country, including the City of Santa Clarita. In 2021, more than 80,000 people died from a synthetic opioid-related drug overdose in the United States according to the Centers for Disease Control and Prevention (CDC).

Fentanyl is a synthetic opioid that is up to 50 times stronger than heroin and 100 times stronger than morphine, making it a major contributor to drug overdose deaths. Based on preliminary 2022 data from the California Department of Public Health, there were 7,385 opioid-related overdose deaths and 6,473 deaths related to fentanyl overdoses. In 2022, the Los Angeles County Sheriff’s Department reported 32 overdoses in the Santa Clarita Valley as a result of fentanyl.

The Santa Clarita City Council supported similar legislation, Assembly Bill 1804 (Patterson) and Assembly Bill 1848 (Davies), at the February 27, 2024, Regular City Council Meeting.

Packet Pg. 72
Communication: Assembly Bill 3171- Staff Report (ITEM 6 ASSEMBLY BILL 3171: Controlled Substances: Fentanyl) 2 Additionally, the recommendation to support Assembly Bill 3171 is consistent with the City of Santa Clarita 2024 Executive and Legislative Platform. Specifically, Component 4 under the “State” section advises that the City Council, “Support legislation, regulatory proposals, or administrative actions that increase penalties for possession or purchase of fentanyl with the intention to sell or administer.”

Supporters

Unknown at this time.

Opponents

Unknown at this time.

Bill Status

Assembly Bill 3171 was introduced on February 16, 2024, and referred to the Assembly Committee on Public Safety. A hearing date had not been scheduled at the time this report was developed.

Packet Pg. 73
Communication: Assembly Bill 3171- Staff Report (ITEM 6 ASSEMBLY BILL 3171: Controlled Substances: Fentanyl) california legislature—2023–24 regular session
ASSEMBLY BILL No. 3171
Introduced by Assembly Member Soria
February 16, 2024
An act to amend Sections 11351 and 11352 of the Health and Safety Code, relating to controlled substances.
legislative counsel’s digest
AB 3171, as introduced, Soria. Controlled substances: fentanyl.

Existing law classifies controlled substances into 5 schedules and places the greatest restrictions and penalties on the use of those substances placed in Schedule I. Existing law classifies the drug fentanyl in Schedule II. Existing law makes possession of a controlled substance for the purposes of sale of the substance punishable by imprisonment in a county jail for a period of 2, 3, or 4 years. Existing la w makes transportation and sales of a controlled substances punishable by imprisonment in a county jail for a period of 3, 4, or 5 years and transportation to a noncontiguous county within the state punishable by imprisonment in a county jail for a period of 3, 6, or 9 years.

This bill would increase the above-described penalties, as specified, if the controlled substance in volved was more than more than 28.35 grams of fentanyl, more than 28.35 grams of an analog of fentan yl, a substance containing more than 28.35 grams of fentanyl, or a substance containing more than 28.35 grams of an analog of fentan yl. By increasing the penalty for a crime, this bill w ould impose a state-mandated local program.

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

Statutory provisions establish procedures for making that reimbursement.

99 Packet Pg. 74
Communication: Assembly Bill 3171- Bill Text (ITEM 6 ASSEMBLY BILL 3171: Controlled Substances: Fentanyl) This bill would provide that no reimbursement is required by this act for a specified reason.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 11351 of the Health and Safety Code is line 2 amended to read:
line 3 11351. (a)  Except as pr ovided in subdivision (b) and as line 4 otherwise provided in this division, every a person who possesses line 5 for sale or purchases for purposes of sale (1) an y controlled line 6 substance specified in subdivision (b), (c), or (e) of Section 11054, line 7 specified in paragraph (14), (15), or (20) of subdi vision (d) of line 8 Section 11054, or specified in subdi vision (b) or (c) of Section line 9 11055, or specified in subdivision (h) of Section 11056, or (2) any line 10 controlled substance classified in Schedule III, IV, or V which is line 11 a narcotic drug, shall be punished by imprisonment pursuant to line 12 subdivision (h) of Section 1170 of the Penal Code for two, three, line 13 or four years.
line 14 (b)  Notwithstanding subdivision (a), a per son who possesses line 15 for sale or purchases for purposes of sale more than 28.35 grams line 16 of fentanyl, mor e than 28.35 gr ams of an analo g of fentanyl, a line 17 substance containing mor e than 28.35 gr ams of fentanyl, or a line 18 substance containing mor e than 28.35 gr ams of an analo g of line 19 fentanyl shall be punished by imprisonment pursuant to subdivision line 20 (h) of Section 1170 of the Penal Code for four, five, or six years. line 21 SEC. 2. Section 11352 of the Health and Safety Code is line 22 amended to read:
line 23 11352. (a)  Except as pr ovided in subdivision (c) and as line 24 otherwise provided in this division, every a person who transports, line 25 imports into this state, sells, furnishes, administers, or gives away, line 26 or offers to transport, import into this state, sell, furnish, administer, line 27 or give away, or attempts to import into this state or transport (1) line 28 any controlled substance specified in subdi vision (b), (c), or (e), line 29 or paragraph (1) of subdivision (f) of Section 11054, specified in line 30 paragraph (14), (15), or (20) of subdivision (d) of Section 11054, line 31 or specified in subdivision (b) or (c) of Section 11055, or specified line 32 in subdivision (h) of Section 11056, or (2) any controlled substance line 33 classified in Schedule III, IV, or V which is a narcotic drug, unless 99 — 2 — AB 3171

Packet Pg. 75
Communication: Assembly Bill 3171- Bill Text (ITEM 6 ASSEMBLY BILL 3171: Controlled Substances: Fentanyl) line 1 upon the written prescription of a physician, dentist, podiatrist, or line 2 veterinarian licensed to practice in this state, shall be punished by line 3 imprisonment pursuant to subdivision (h) of Section 1170 of the line 4 Penal Code for three, four, or five years.
line 5 (b)  Notwithstanding the penalty provisions of subdivision (a), line 6 any (a) and e xcept as pr ovided in par agraph (2) of subdivision line 7 (c), a person who transports an y controlled substances specified line 8 in subdivision (a) within this state from one county to another line 9 noncontiguous county shall be punished by imprisonment pursuant line 10 to subdivision (h) of Section 1170 of the Penal Code for three, six, line 11 or nine years.
line 12 (c)  (1)  Notwithstanding subdivision (a), a per son who line 13 transports, imports into this state, sells, furnishes, administers, or line 14 gives away , or of fers to tr ansport, import into this state , sell, line 15 furnish, administer, or give away, or attempts to import into this line 16 state or transport more than 28.35 grams of fentanyl, more than line 17 28.35 grams of an analog of fentanyl, a substance containing more line 18 than 28.35 grams of fentanyl, or a substance containing more than line 19 28.35 gr ams of an analo g of fentanyl shall be punished by line 20 imprisonment pursuant to subdivision (h) of Section 1170 of the line 21 Penal Code for seven, eight, or nine years.
line 22 (2)  Notwithstanding subdivision (b), a per son who tr ansports line 23 more than 28.35 grams of fentanyl, more than 28.35 grams of an line 24 analog of fentanyl, a substance containing more than 28.35 grams line 25 of fentanyl, or a substance containing mor e than 28.35 grams of line 26 an analog of fentanyl within this state from one county to another line 27 noncontiguous county shall be punished by imprisonment pursuant line 28 to subdivision (h) of Section 1170 of the Penal Code for 7, 10, or line 29 13 years.
line 30 (c)
line 31 (d)  For purposes of this section, “transports” means to transport line 32 for sale.
line 33 (d)
line 34 (e)  This section does not preclude or limit the prosecution of line 35 an indi vidual for aiding and abetting the commission of, or line 36 conspiring to commit, or acting as an accessory to, an y act line 37 prohibited by this section.
line 38 SEC. 3. No reimbursement is required by this act pursuant to line 39 Section 6 of Article XIIIB of the California Constitution because line 40 the only costs that may be incurred by a local agenc y or school 99 AB 3171 — 3 —

Packet Pg. 76
Communication: Assembly Bill 3171- Bill Text (ITEM 6 ASSEMBLY BILL 3171: Controlled Substances: Fentanyl) line 1 district will be incurred because this act creates a ne w crime or line 2 infraction, eliminates a crime or infraction, or changes the penalty line 3 for a crime or infraction, within the meaning of Section 17556 of line 4 the Government Code, or changes the definition of a crime within line 5 the meaning of Section 6 of Article XIII B of the California line 6 Constitution.

O
99 — 4 — AB 3171

Packet Pg. 77
Communication: Assembly Bill 3171- Bill Text (ITEM 6 ASSEMBLY BILL 3171: Controlled Substances: Fentanyl)

Legislative Committee – March 18, 2024

Senate Bill 1211 – Land Use: Accessory Dwelling Units
1 Recommendation

Legislative Committee recommend to oppose Senate Bill 1211.

Summary

Introduced by Senator Nancy Skinner (D-9-Berkeley), Senate Bill 1211 prohibits local governments from requiring the replacement of parking spaces when a carport, covered parking structure, or uncovered parking space is demolished in conjunction with the construction of or conversion to an accessory dwelling unit (ADU) on a multifamily housing property.

Additionally, this bill would require local governments to approve a minimum of two detached ADUs and allow for the construction of detached ADUs on a multifamily housing property of up to 25 percent of the existing multifamily residential units.

Background

Under current state law, local governments are prohibited from requiring the replacement of a garage, carport, or covered parking structure when it is demolished in conjunction with the construction of or conversion to an ADU on a single-family housing property. This legislation seeks to extend the aforementioned state law to apply to multifamily housing property.

Local governments have the authority to adopt minimum parking standards and impose those standards on single-family and multi-family residential developments built within their jurisdiction, as long as they are consistent with state law standards. Chapter 17.42, Residential Use Types, of the City of Santa Clarita’s (City) Municipal Code, includes the following parking standards:

a. Single-family units – two enclosed parking spaces per unit b. Two-family units – two enclosed parking spaces per unit c. Studio units – one enclosed parking space per unit
d. One-bedroom units – two enclosed parking spaces per unit e. Two-bedroom units – two enclosed parking spaces per unit f. Guest parking – one parking space per each two units Packet Pg. 78
Communication: Senate Bill 1211 - Staff Report (ITEM 7 SENATE BILL 1211: Land Use: Accessory Dwelling Units) 2 g. Mobile home park – two spaces per unit, plus one guest per two units In addition to the City’s minimum parking standards on new developments, the City reserves the authority to require additional parking as a condition of approval on renovations, remodels, or additions to an existing single-family residence.

The City imposes minimum on-site parking requirements to ensure adequate and reasonable access to homes. Additionally, the standards serve as a safeguard to prevent congestion of on-street vehicle parking that may cause unsafe conditions for surrounding residents and businesses and access challenges for emergency personnel, especially in the event of an emergency evacuation.

The City Council opposed similar bills in the past, including most recently opposing Assembly Bill 1308 (Quirk-Silva) and Assembly Bill 1630 (Garcia) last year.

Additionally, the recommendation to oppose Senate Bill 1211 is consistent with the City of Santa Clarita 2024 Executive and Legislative Platform. Specifically, Component 1 under the “State” section advises that the City Council, “Oppose legislation that would interfere with, limit or eliminate the decision-making authority of municipalities in the area of local land use.”

Supporters

Unknown at this time.

Opponents

Unknown at this time.

Bill Status

Senate Bill 1211 was introduced on February 15, 2024, and is scheduled to be heard in the Senate Housing Committee on March 19, 2024.

Packet Pg. 79
Communication: Senate Bill 1211 - Staff Report (ITEM 7 SENATE BILL 1211: Land Use: Accessory Dwelling Units) SENATE BILL No. 1211
Introduced by Senator Skinner
February 15, 2024
An act to amend Section 65852.2 of the Government Code, relating to land use.
legislative counsel’s digest
SB 1211, as introduced, Skinner. Land use: accessory dwelling units:

Existing law, the Planning and Zoning Law, authorizes a local agency, by ordinance, to pro vide for the creation of accessory dwelling units (ADUs) in areas zoned for residential use, as specified. Existing la w requires ministerial approval of accessory dwelling units, as specified, if the local agenc y does not adopt an ordinance go verning accessory dwelling units, as described. Under existing law, a local agency is also required to ministerially appro ve an application for a b uilding permit within a residential or mix ed-use zone to create an y of specified variations of accessory dwelling units.

Under existing law, one of those v ariations requires a local agenc y to ministerially approve multiple accessory dwelling units within the portion of existing multifamily dwelling structures that are not used as livable space, as described, if each unit complies with state b uilding standards for dwellings. Existing law requires a local agency to allow at least one of those accessory dwelling units within an e xisting multifamily dwelling and allow up to 25% of the existing multifamily dwelling units (inside dwelling ADU requirements).

Under e xisting la w, another v ariation requires a local agenc y to ministerially approve not more than 2 accessory dwelling units that are located on a lot that has an existing or proposed multifamily dwelling, but are detached from that dwelling, and are subject to a height limitation

99 Packet Pg. 80
Communication: Senate Bill 1211 - Bill Text (ITEM 7 SENATE BILL 1211: Land Use: Accessory Dwelling Units) and rear yard and side setbacks, as specified (detached ADU requirements).

For purposes of the detached ADU requirements, this bill w ould prohibit a local agency from requiring the replacement of parking spaces when a carport, covered parking structure, or uncovered parking space is demolished in conjunction with the construction of or conversion to an accessory dwelling unit. The bill would also, for purposes of those detached ADU requirements, require a local agency to instead allow 2 detached, new construction accessory dwelling units and allo w up to 25% of the existing multifamily dwelling units. The bill would specify that the number of accessory dwelling units allo wed under the inside dwelling ADU requirements counts towards the maximum number of accessory dwelling units allowed under the detached ADU requirements.

The bill would make conforming changes.

By imposing ne w duties on local go vernments with respect to the approval of accessory dwelling units, the bill w ould impose a state-mandated local program.

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

Statutory provisions establish procedures for making that reimbursement.

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

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 65852.2 of the Government Code is line 2 amended to read:
line 3 65852.2. (a) (1) A local agency may, by ordinance, pro vide line 4 for the creation of accessory dwelling units in areas zoned to allow line 5 single-family or multif amily dwelling residential use. The line 6 ordinance shall do all of the following:
line 7 (A) Designate areas within the jurisdiction of the local agency line 8 where accessory dwelling units may be permitted. The designation line 9 of areas may be based on the adequacy of water and sewer services line 10 and the impact of accessory dwelling units on traffic flo w and line 11 public safety. A local agency that does not provide water or sewer line 12 services shall consult with the local water or sewer service provider line 13 regarding the adequac y of w ater and se wer services before 99 — 2 — SB 1211

Packet Pg. 81
Communication: Senate Bill 1211 - Bill Text (ITEM 7 SENATE BILL 1211: Land Use: Accessory Dwelling Units) line 1 designating an area where accessory dwelling units may be line 2 permitted.
line 3 (B)  (i)  Impose objective standards on accessory dwelling units line 4 that include, b ut are not limited to, parking, height, setback, line 5 landscape, architectural re view, maximum size of a unit, and line 6 standards that prevent adverse impacts on an y real property that line 7 is listed in the California Register of Historical Resources. These line 8 standards shall not include requirements on minimum lot size. line 9 (ii)  Notwithstanding clause (i), a local agenc y may reduce or line 10 eliminate parking requirements for an y accessory dwelling unit line 11 located within its jurisdiction.
line 12 (C)  Provide that accessory dwelling units do not e xceed the line 13 allowable density for the lot upon which the accessory dwelling line 14 unit is located, and that accessory dwelling units are a residential line 15 use that is consistent with the e xisting general plan and zoning line 16 designation for the lot.
line 17 (D)  Require the accessory dwelling units to comply with all of line 18 the following:
line 19 (i)  Except as provided in Section 65852.26 and paragraph (10) line 20 of this subdi vision, an accessory dwelling unit may be rented line 21 separate from the primary residence, b ut shall not be sold or line 22 otherwise conveyed separate from the primary residence. line 23 (ii)  The lot is zoned to allo w single-f amily or multif amily line 24 dwelling residential use and includes a proposed or e xisting line 25 dwelling.
line 26 (iii)  The accessory dwelling unit is either attached to, or located line 27 within, the proposed or e xisting primary dwelling, including line 28 attached garages, storage areas or similar uses, or an accessory line 29 structure or detached from the proposed or e xisting primary line 30 dwelling and located on the same lot as the proposed or e xisting line 31 primary dwelling, including detached garages.
line 32 (iv)  If there is an existing primary dwelling, the total floor area line 33 of an attached accessory dwelling unit shall not exceed 50 percent line 34 of the existing primary dwelling.
line 35 (v)  The total floor area for a detached accessory dwelling unit line 36 shall not exceed 1,200 square feet.
line 37 (vi)  No passageway shall be required in conjunction with the line 38 construction of an accessory dwelling unit.
line 39 (vii)  No setback shall be required for an existing living area or line 40 accessory structure or a structure constructed in the same location 99 SB 1211 — 3 —

Packet Pg. 82
Communication: Senate Bill 1211 - Bill Text (ITEM 7 SENATE BILL 1211: Land Use: Accessory Dwelling Units) line 1 and to the same dimensions as an e xisting structure that is line 2 converted to an accessory dwelling unit or to a portion of an line 3 accessory dwelling unit, and a setback of no more than four feet line 4 from the side and rear lot lines shall be required for an accessory line 5 dwelling unit that is not converted from an existing structure or a line 6 new structure constructed in the same location and to the same line 7 dimensions as an existing structure.
line 8 (viii)  Local building code requirements that apply to detached line 9 dwellings, except that the construction of an accessory dwelling line 10 unit shall not constitute a Group R occupanc y change under the line 11 local building code, as described in Section 310 of the California line 12 Building Code (Title 24 of the California Code of Re gulations), line 13 unless the b uilding official or enforcement agenc y of the local line 14 agency makes a written finding based on substantial e vidence in line 15 the record that the construction of the accessory dwelling unit line 16 could have a specific, adverse impact on public health and safety. line 17 Nothing in this clause shall be interpreted to prevent a local agency line 18 from changing the occupancy code of a space that was unhabitable line 19 space or w as only permitted for nonresidential use and w as line 20 subsequently converted for residential use pursuant to this section. line 21 (ix)  Approval by the local health officer where a private sewage line 22 disposal system is being used, if required.
line 23 (x)  (I)  Parking requirements for accessory dwelling units shall line 24 not exceed one parking space per accessory dwelling unit or per line 25 bedroom, whiche ver is less. These spaces may be pro vided as line 26 tandem parking on a driveway.
line 27 (II)  Offstreet parking shall be permitted in setback areas in line 28 locations determined by the local agenc y or through tandem line 29 parking, unless specific findings are made that parking in setback line 30 areas or tandem parking is not feasible based upon specific site or line 31 regional topographical or fire and life safety conditions. line 32 (III)  This clause shall not apply to an accessory dwelling unit line 33 that is described in subdivision (d).
line 34 (xi)  When a g arage, carport, or co vered parking structure is line 35 demolished in conjunction with the construction of an accessory line 36 dwelling unit or converted to an accessory dwelling unit, the local line 37 agency shall not require that those of fstreet parking spaces be line 38 replaced.
line 39 (xii)  Accessory dwelling units shall not be required to provide line 40 fire sprinklers if they are not required for the primary residence. 99 — 4 — SB 1211

Packet Pg. 83
Communication: Senate Bill 1211 - Bill Text (ITEM 7 SENATE BILL 1211: Land Use: Accessory Dwelling Units) line 1 The construction of an accessory dwelling unit shall not trigger a line 2 requirement for fire sprinklers to be installed in the existing primary line 3 dwelling.
line 4 (2) The ordinance shall not be considered in the application of line 5 any local ordinance, policy, or program to limit residential growth. line 6 (3) (A) A permit application for an accessory dwelling unit or line 7 a junior accessory dwelling unit shall be considered and approved line 8 ministerially without discretionary re view or a hearing, line 9 notwithstanding Section 65901 or 65906 or an y local ordinance line 10 regulating the issuance of v ariances or special use permits. The line 11 permitting agency shall either approve or deny the application to line 12 create or serv e an accessory dwelling unit or a junior accessory line 13 dwelling unit within 60 days from the date the permitting agency line 14 receives a completed application if there is an e xisting line 15 single-family or multif amily dwelling on the lot. If the permit line 16 application to create or serve an accessory dwelling unit or a junior line 17 accessory dwelling unit is submitted with a permit application to line 18 create a new single-family or multifamily dwelling on the lot, the line 19 permitting agenc y may delay appro ving or den ying the permit line 20 application for the accessory dwelling unit or the junior accessory line 21 dwelling unit until the permitting agenc y approves or denies the line 22 permit application to create the new single-family or multifamily line 23 dwelling, b ut the application to create or serv e the accessory line 24 dwelling unit or junior accessory dwelling unit shall be considered line 25 without discretionary review or hearing. If the applicant requests line 26 a delay, the 60-day time period shall be tolled for the period of the line 27 delay. If the local agency has not approved or denied the completed line 28 application within 60 days, the application shall be deemed line 29 approved. A local agenc y may char ge a fee to reimb urse it for line 30 costs incurred to implement this paragraph, including the costs of line 31 adopting or amending any ordinance that provides for the creation line 32 of an accessory dwelling unit.
line 33 (B) If a permitting agency denies an application for an accessory line 34 dwelling unit or junior accessory dwelling unit pursuant to line 35 subparagraph (A), the permitting agenc y shall, within the time line 36 period described in subparagraph (A), return in writing a full set line 37 of comments to the applicant with a list of items that are defective line 38 or deficient and a description of ho w the application can be line 39 remedied by the applicant.
99 SB 1211 — 5 —

Packet Pg. 84
Communication: Senate Bill 1211 - Bill Text (ITEM 7 SENATE BILL 1211: Land Use: Accessory Dwelling Units) line 1 (4)  The ordinance shall require that a demolition permit for a line 2 detached garage that is to be replaced with an accessory dwelling line 3 unit be reviewed with the application for the accessory dwelling line 4 unit and issued at the same time.
line 5 (5)  The ordinance shall not require, and the applicant shall not line 6 be otherwise required, to provide written notice or post a placard line 7 for the demolition of a detached garage that is to be replaced with line 8 an accessory dwelling unit, unless the property is located within line 9 an architecturally and historically significant historic district. line 10 (6)  An existing ordinance governing the creation of an accessory line 11 dwelling unit by a local agency or an accessory dwelling ordinance line 12 adopted by a local agency shall provide an approval process that line 13 includes only ministerial provisions for the approval of accessory line 14 dwelling units and shall not include an y discretionary processes, line 15 provisions, or requirements for those units, e xcept as otherwise line 16 provided in this subdi vision. If a local agenc y has an e xisting line 17 accessory dwelling unit ordinance that f ails to meet the line 18 requirements of this subdivision, that ordinance shall be null and line 19 void and that agency shall thereafter apply the standards established line 20 in this subdi vision for the appro val of accessory dwelling units, line 21 unless and until the agency adopts an ordinance that complies with line 22 this section.
line 23 (7)  No other local ordinance, policy, or regulation shall be the line 24 basis for the delay or denial of a b uilding permit or a use permit line 25 under this subdivision.
line 26 (8)  This subdivision establishes the maximum standards that line 27 local agencies shall use to evaluate a proposed accessory dwelling line 28 unit on a lot that includes a proposed or e xisting single-family line 29 dwelling. No additional standards, other than those pro vided in line 30 this subdi vision, shall be used or imposed, including an line 31 owner-occupant requirement, e xcept that a local agenc y may line 32 require that the property may be used for rentals of terms 30 days line 33 or longer.
line 34 (9)  A local agency may amend its zoning ordinance or general line 35 plan to incorporate the policies, procedures, or other pro visions line 36 applicable to the creation of an accessory dwelling unit if these line 37 provisions are consistent with the limitations of this subdivision. line 38 (10)  In addition to the requirement that a local agency allow the line 39 separate sale or conveyance of an accessory dwelling unit pursuant line 40 to Section 65852.26, a local agenc y may also adopt a local 99 — 6 — SB 1211

Packet Pg. 85
Communication: Senate Bill 1211 - Bill Text (ITEM 7 SENATE BILL 1211: Land Use: Accessory Dwelling Units) line 1 ordinance to allow the separate conveyance of the primary dwelling line 2 unit and accessory dwelling unit or units as condominiums. Any line 3 such ordinance shall include all of the following requirements:
line 4 (A)  The condominiums shall be created pursuant to the line 5 Davis-Stirling Common Interest De velopment Act (P art 5 line 6 (commencing with Section 4000) of Division 4 of the Civil Code). line 7 (B)  The condominiums shall be created in conformance with line 8 all applicable objective requirements of the Subdivision Map Act line 9 (Division 2 (commencing with Section 66410)) and all objecti ve line 10 requirements of a local subdivision ordinance.
line 11 (C)  Before recordation of the condominium plan, a safety line 12 inspection of the accessory dwelling unit shall be conducted as line 13 evidenced either through a certificate of occupancy from the local line 14 agency or a housing quality standards report from a b uilding line 15 inspector certified by the United States Department of Housing line 16 and Urban Development.
line 17 (D)  (i)  Neither a subdivision map nor a condominium plan shall line 18 be recorded with the county recorder in the county where the real line 19 property is located without each lienholder’ s consent. The line 20 following shall apply to the consent of a lienholder:
line 21 (I)  A lienholder may refuse to give consent.
line 22 (II)  A lienholder may consent pro vided that an y terms and line 23 conditions required by the lienholder are satisfied. line 24 (ii)  Prior to recordation of the initial or an y subsequent line 25 modifications to the condominium plan, written e vidence of the line 26 lienholder’s consent shall be provided to the county recorder along line 27 with a signed statement from each lienholder that states as follows:
line 28
line 29 “(Name of lienholder) hereby consents to the recording of this line 30 condominium plan in their sole and absolute discretion and the line 31 borrower has or will satisfy an y additional terms and conditions line 32 the lienholder may have.”
line 33
line 34 (iii)  The lienholder’ s consent shall be included on the line 35 condominium plan or a separate form attached to the condominium line 36 plan that includes the following information:
line 37 (I)  The lienholder’s signature.
line 38 (II)  The name of the record owner or ground lessee. line 39 (III)  The legal description of the real property. 99 SB 1211 — 7 —

Packet Pg. 86
Communication: Senate Bill 1211 - Bill Text (ITEM 7 SENATE BILL 1211: Land Use: Accessory Dwelling Units) line 1 (IV)  The identities of all parties with an interest in the real line 2 property as reflected in the real property records. line 3 (iv)  The lienholder’s consent shall be recorded in the office of line 4 the county recorder of the county in which the real property is line 5 located.
line 6 (E)  The local agenc y shall include the follo wing notice to line 7 consumers on any accessory dwelling or junior accessory dwelling line 8 unit submittal checklist or public information issued describing line 9 requirements and permitting for accessory dwelling units, including line 10 as standard condition of an y accessory dwelling unit b uilding line 11 permit or condominium plan approval:
line 12
line 13 “NOTICE: If you are considering establishing your primary line 14 dwelling unit and accessory dwelling unit as a condominium, line 15 please ensure that your b uilding permitting agenc y allo ws this line 16 practice. If you decide to establish your primary dwelling unit and line 17 accessory dwelling unit as a condominium, your condominium line 18 plan or an y future modifications to the condominium plan must line 19 be recorded with the County Recorder . Prior to recordation or line 20 modification of your subdivision map and condominium plan, any line 21 lienholder with a lien on your title must provide a form of written line 22 consent either on the condominium plan, or on the lienholder’ s line 23 consent form attached to the condominium plan, with te xt that line 24 clearly states that the lender appro ves recordation of the line 25 condominium plan and that you ha ve satisfied their terms and line 26 conditions, if any.
line 27 In order to secure lender consent, you may be required to follow line 28 additional lender requirements, which may include, b ut are not line 29 limited to, one or more of the following:
line 30 (a)  Paying off your current lender.
line 31 You may pay of f your mortg age and an y liens through a line 32 refinance or a new loan. Be aware that refinancing or using a new line 33 loan may result in changes to your interest rate or tax basis. Also, line 34 be aware that an y subsequent modification to your subdi vision line 35 map or condominium plan must also be consented to by your line 36 lender, which consent may be denied.
line 37 (b)  Securing your lender’s approval of a modification to their line 38 loan collateral due to the change of your current property le gal line 39 description into one or more condominium parcels. 99 — 8 — SB 1211

Packet Pg. 87
Communication: Senate Bill 1211 - Bill Text (ITEM 7 SENATE BILL 1211: Land Use: Accessory Dwelling Units) line 1 (c)  Securing your lender’ s consent to the details of an y line 2 construction loan or ground lease.
line 3 This may include a cop y of the impro vement contract entered line 4 in good faith with a licensed contractor, evidence that the record line 5 owner or ground lessee has the funds to complete the work, and a line 6 signed statement made by the record owner or ground lessor that line 7 the information in the consent above is true and correct.” line 8
line 9 (F)  If an accessory dwelling unit is established as a line 10 condominium, the local government shall require the homeowner line 11 to notify pro viders of utilities, including w ater, sewer, gas, and line 12 electricity, of the condominium creation and separate conveyance. line 13 (G)  (i)  The owner of a property or a separate interest within an line 14 existing planned development that has an existing association, as line 15 defined in Section 4080 of the Ci vil Code, shall not record a line 16 condominium plan to create a common interest development under line 17 Section 4100 of the Ci vil Code without the e xpress written line 18 authorization by the existing association.
line 19 (ii)  For purposes of this subparagraph, written authorization by line 20 the existing association means appro val by the board at a duly line 21 noticed board meeting, as defined in Section 4090 of the Ci vil line 22 Code, and if needed pursuant to the e xisting association’ s line 23 governing documents, membership appro val of the e xisting line 24 association.
line 25 (H)  An accessory dwelling unit shall be sold or otherwise line 26 conveyed separate from the primary residence only under the line 27 conditions outlined in this paragraph or pursuant to Section line 28 65852.26.
line 29 (11)  An accessory dwelling unit that conforms to this line 30 subdivision shall be deemed to be an accessory use or an accessory line 31 building and shall not be considered to exceed the allowable density line 32 for the lot upon which it is located, and shall be deemed to be a line 33 residential use that is consistent with the existing general plan and line 34 zoning designations for the lot. The accessory dwelling unit shall line 35 not be considered in the application of any local ordinance, policy, line 36 or program to limit residential growth.
line 37 (b)  (1)  When a local agency that has not adopted an ordinance line 38 governing accessory dwelling units in accordance with subdivision line 39 (a) recei ves an application for a permit to create or serv e an line 40 accessory dwelling unit pursuant to this subdi vision, the local 99 SB 1211 — 9 —

Packet Pg. 88
Communication: Senate Bill 1211 - Bill Text (ITEM 7 SENATE BILL 1211: Land Use: Accessory Dwelling Units) line 1 agency shall approve or disapprove the application ministerially line 2 without discretionary re view pursuant to subdi vision (a). The line 3 permitting agency shall either approve or deny the application to line 4 create or serv e an accessory dwelling unit or a junior accessory line 5 dwelling unit within 60 days from the date the permitting agency line 6 receives a completed application if there is an e xisting line 7 single-family or multif amily dwelling on the lot. If the permit line 8 application to create or serve an accessory dwelling unit or a junior line 9 accessory dwelling unit is submitted with a permit application to line 10 create or serve a new single-family or multifamily dwelling on the line 11 lot, the permitting agenc y may delay appro ving or den ying the line 12 permit application for the accessory dwelling unit or the junior line 13 accessory dwelling unit until the permitting agenc y approves or line 14 denies the permit application to create or serv e the ne w line 15 single-family or multifamily dwelling, but the application to create line 16 or serve the accessory dwelling unit or junior accessory dwelling line 17 unit shall still be considered ministerially without discretionary line 18 review or a hearing. If the applicant requests a delay , the 60-day line 19 time period shall be tolled for the period of the delay. If the local line 20 agency has not appro ved or denied the completed application line 21 within 60 days, the application shall be deemed approved. line 22 (2)  If a permitting agency denies an application for an accessory line 23 dwelling unit or junior accessory dwelling unit pursuant to line 24 paragraph (1), the permitting agency shall, within the time period line 25 described in paragraph (1), return in writing a full set of comments line 26 to the applicant with a list of items that are defecti ve or deficient line 27 and a description of ho w the application can be remedied by the line 28 applicant.
line 29 (c)  (1)  Subject to paragraph (2), a local agenc y may establish line 30 minimum and maximum unit size requirements for both attached line 31 and detached accessory dwelling units.
line 32 (2)  Notwithstanding paragraph (1), a local agenc y shall not line 33 establish by ordinance any of the following:
line 34 (A)  A minimum square footage requirement for either an line 35 attached or detached accessory dwelling unit that prohibits an line 36 efficiency unit.
line 37 (B)  A maximum square footage requirement for either an line 38 attached or detached accessory dwelling unit that is less than either line 39 of the following:
line 40 (i)  850 square feet.
99 — 10 — SB 1211

Packet Pg. 89
Communication: Senate Bill 1211 - Bill Text (ITEM 7 SENATE BILL 1211: Land Use: Accessory Dwelling Units) line 1 (ii)  1,000 square feet for an accessory dwelling unit that provides line 2 more than one bedroom.
line 3 (C)  Any requirement for a zoning clearance or separate zoning line 4 review or any other minimum or maximum size for an accessory line 5 dwelling unit, size based upon a percentage of the proposed or line 6 existing primary dwelling, or limits on lot co verage, floor area line 7 ratio, open space, front setbacks, and minimum lot size, for either line 8 attached or detached dwellings that does not permit at least an 800 line 9 square foot accessory dwelling unit with four -foot side and rear line 10 yard setbacks to be constructed in compliance with all other local line 11 development standards.
line 12 (D)  Any height limitation that does not allo w at least the line 13 following, as applicable:
line 14 (i)  A height of 16 feet for a detached accessory dwelling unit line 15 on a lot with an existing or proposed single family or multifamily line 16 dwelling unit.
line 17 (ii)  A height of 18 feet for a detached accessory dwelling unit line 18 on a lot with an existing or proposed single family or multifamily line 19 dwelling unit that is within one-half of one mile walking distance line 20 of a major transit stop or a high-quality transit corridor , as those line 21 terms are defined in Section 21155 of the Public Resources Code. line 22 A local agency shall also allow an additional two feet in height to line 23 accommodate a roof pitch on the accessory dwelling unit that is line 24 aligned with the roof pitch of the primary dwelling unit. line 25 (iii)  A height of 18 feet for a detached accessory dwelling unit line 26 on a lot with an e xisting or proposed multif amily, multistory line 27 dwelling.
line 28 (iv)  A height of 25 feet or the height limitation in the local line 29 zoning ordinance that applies to the primary dwelling, whichever line 30 is lower, for an accessory dwelling unit that is attached to a primary line 31 dwelling. This clause shall not require a local agency to allow an line 32 accessory dwelling unit to exceed two stories.
line 33 (d)  Notwithstanding any other law, and whether or not the local line 34 agency has adopted an ordinance go verning accessory dwelling line 35 units in accordance with subdivision (a), all of the following shall line 36 apply:
line 37 (1)  The local agency shall not impose any parking standards for line 38 an accessory dwelling unit in any of the following instances:
line 39 (A)  Where the accessory dwelling unit is located within one-half line 40 mile walking distance of public transit.
99 SB 1211 — 11 —

Packet Pg. 90
Communication: Senate Bill 1211 - Bill Text (ITEM 7 SENATE BILL 1211: Land Use: Accessory Dwelling Units) line 1 (B)  Where the accessory dwelling unit is located within an line 2 architecturally and historically significant historic district. line 3 (C)  Where the accessory dwelling unit is part of the proposed line 4 or existing primary residence or an accessory structure. line 5 (D)  When onstreet parking permits are required but not offered line 6 to the occupant of the accessory dwelling unit.
line 7 (E)  When there is a car share vehicle located within one block line 8 of the accessory dwelling unit.
line 9 (F)  When a permit application for an accessory dwelling unit line 10 is submitted with a permit application to create a new single-family line 11 dwelling or a new multifamily dwelling on the same lot, provided line 12 that the accessory dwelling unit or the parcel satisfies an y other line 13 criteria listed in this paragraph.
line 14 (2)  The local agency shall not deny an application for a permit line 15 to create an accessory dwelling unit due to the correction of line 16 nonconforming zoning conditions, b uilding code violations, or line 17 unpermitted structures that do not present a threat to public health line 18 and safety and are not affected by the construction of the accessory line 19 dwelling unit.
line 20 (e)  (1)  Notwithstanding subdi visions (a) to (d), inclusi ve, a line 21 local agenc y shall ministerially appro ve an application for a line 22 building permit within a residential or mix ed-use zone to create line 23 any of the following:
line 24 (A)  One accessory dwelling unit and one junior accessory line 25 dwelling unit per lot with a proposed or e xisting single-family line 26 dwelling if all of the following apply:
line 27 (i)  The accessory dwelling unit or junior accessory dwelling line 28 unit is within the proposed space of a single-f amily dwelling or line 29 existing space of a single-f amily dwelling or accessory structure line 30 and may include an e xpansion of not more than 150 square feet line 31 beyond the same ph ysical dimensions as the e xisting accessory line 32 structure. An expansion beyond the ph ysical dimensions of the line 33 existing accessory structure shall be limited to accommodating line 34 ingress and egress.
line 35 (ii)  The space has exterior access from the proposed or existing line 36 single-family dwelling.
line 37 (iii)  The side and rear setbacks are sufficient for fire and safety. line 38 (iv)  The junior accessory dwelling unit complies with the line 39 requirements of Section 65852.22.
99 — 12 — SB 1211

Packet Pg. 91
Communication: Senate Bill 1211 - Bill Text (ITEM 7 SENATE BILL 1211: Land Use: Accessory Dwelling Units) line 1 (B)  One detached, ne w construction, accessory dwelling unit line 2 that does not exceed four-foot side and rear yard setbacks for a lot line 3 with a proposed or existing single-family dwelling. The accessory line 4 dwelling unit may be combined with a junior accessory dwelling line 5 unit described in subparagraph (A). A local agency may impose line 6 the following conditions on the accessory dwelling unit:
line 7 (i)  A total floor area limitation of not more than 800 square feet. line 8 (ii)  A height limitation as provided in clause (i), (ii), or (iii) as line 9 applicable, of subparagraph (D) of paragraph (2) of subdi vision line 10 (c).
line 11 (C)  (i)  Multiple accessory dwelling units within the portions line 12 of existing multifamily dwelling structures that are not used as line 13 livable space, including, but not limited to, storage rooms, boiler line 14 rooms, passageways, attics, basements, or g arages, if each unit line 15 complies with state building standards for dwellings. line 16 (ii)  A local agency shall allow at least one accessory dwelling line 17 unit within an existing multifamily dwelling and shall allow up to line 18 25 percent of the existing multifamily dwelling units. The number line 19 of accessory dwelling units allowed under subparagraph (D) shall line 20 count towards the maximum number of accessory dwelling units line 21 allowed under this subparagraph.
line 22 (D)  (i)  Not more than tw o Multiple accessory dwelling units line 23 that are located on a lot that has an existing or proposed multifamily line 24 dwelling, but that are detached from that multifamily dwelling and line 25 that are subject to a height limitation in clause (i), (ii), or (iii), as line 26 applicable, of subparagraph (D) of paragraph (2) of subdi vision line 27 (c) and rear yard and side setbacks of no more than four feet. line 28 (ii)  A local a gency shall allow at least two detac hed, ne w line 29 construction, accessory dwelling units pur suant to this line 30 subparagraph and shall allow up to 25 per cent of the e xisting line 31 multifamily dwelling units. The number of accessory dwelling units line 32 allowed under subparagraph (C) shall count towards the maximum line 33 number of accessory dwelling units allowed under this line 34 subparagraph.
line 35 (ii)
line 36 (iii)  If the e xisting multif amily dwelling has a rear or side line 37 setback of less than four feet, the local agenc y shall not require line 38 any modification of the e xisting multif amily dwelling as a line 39 condition of approving the application to construct an accessory line 40 dwelling unit that satisfies the requirements of this subparagraph. 99 SB 1211 — 13 —

Packet Pg. 92
Communication: Senate Bill 1211 - Bill Text (ITEM 7 SENATE BILL 1211: Land Use: Accessory Dwelling Units) line 1 (iv)  When a carport, co vered parking structure, or uncovered line 2 parking space is demolished in conjunction with the construction line 3 of an accessory dwelling unit or converted to an accessory dwelling line 4 unit, the local agency shall not require that those offstreet parking line 5 spaces be replaced.
line 6 (2)  A local agency shall not require, as a condition for ministerial line 7 approval of a permit application for the creation of an accessory line 8 dwelling unit or a junior accessory dwelling unit, the correction line 9 of nonconforming zoning conditions.
line 10 (3)  The installation of fire sprinklers shall not be required in an line 11 accessory dwelling unit if sprinklers are not required for the line 12 primary residence. The construction of an accessory dwelling unit line 13 shall not trigger a requirement for fire sprinklers to be installed in line 14 the existing multifamily dwelling.
line 15 (4)  A local agency shall require that a rental of the accessory line 16 dwelling unit created pursuant to this subdi vision be for a term line 17 longer than 30 days.
line 18 (5)  A local agency may require, as part of the application for a line 19 permit to create an accessory dwelling unit connected to an onsite line 20 wastewater treatment system, a percolation test completed within line 21 the last five years, or, if the percolation test has been recertified, line 22 within the last 10 years.
line 23 (6)  Notwithstanding subdivision (c) and paragraph (1) a local line 24 agency that has adopted an ordinance by July 1, 2018, pro viding line 25 for the appro val of accessory dwelling units in multif amily line 26 dwelling structures shall ministerially consider a permit application line 27 to construct an accessory dwelling unit that is described in line 28 paragraph (1), and may impose objective standards including, but line 29 not limited to, design, development, and historic standards on said line 30 accessory dwelling units. These standards shall not include line 31 requirements on minimum lot size.
line 32 (f)  (1)  Fees charged for the construction of accessory dwelling line 33 units shall be determined in accordance with Chapter 5 line 34 (commencing with Section 66000) and Chapter 7 (commencing line 35 with Section 66012).
line 36 (2)  An accessory dwelling unit shall not be considered by a line 37 local agency, special district, or w ater corporation to be a ne w line 38 residential use for purposes of calculating connection fees or line 39 capacity charges for utilities, including w ater and sewer service, 99 — 14 — SB 1211

Packet Pg. 93
Communication: Senate Bill 1211 - Bill Text (ITEM 7 SENATE BILL 1211: Land Use: Accessory Dwelling Units) line 1 unless the accessory dwelling unit w as constructed with a ne w line 2 single-family dwelling.
line 3 (3)  (A)  A local agenc y, special district, or w ater corporation line 4 shall not impose an y impact fee upon the de velopment of an line 5 accessory dwelling unit less than 750 square feet. Any impact fees line 6 charged for an accessory dwelling unit of 750 square feet or more line 7 shall be charged proportionately in relation to the square footage line 8 of the primary dwelling unit.
line 9 (B)  For purposes of this paragraph, “impact fee” has the same line 10 meaning as the term “fee” is defined in subdivision (b) of Section line 11 66000, except that it also includes fees specified in Section 66477. line 12 “Impact fee” does not include an y connection fee or capacity line 13 charge char ged by a local agenc y, special district, or w ater line 14 corporation.
line 15 (4)  For an accessory dwelling unit described in subparagraph line 16 (A) of paragraph (1) of subdi vision (e), a local agenc y, special line 17 district, or w ater corporation shall not require the applicant to line 18 install a ne w or separate utility connection directly between the line 19 accessory dwelling unit and the utility or impose a related line 20 connection fee or capacity charge, unless the accessory dwelling line 21 unit was constructed with a new single-family dwelling, or upon line 22 separate conveyance of the accessory dwelling unit pursuant to line 23 paragraph (10) of subdivision (a).
line 24 (5)  For an accessory dwelling unit that is not described in line 25 subparagraph (A) of paragraph (1) of subdi vision (e), a local line 26 agency, special district, or w ater corporation may require a ne w line 27 or separate utility connection directly between the accessory line 28 dwelling unit and the utility . Consistent with Section 66013, the line 29 connection may be subject to a connection fee or capacity charge line 30 that shall be proportionate to the burden of the proposed accessory line 31 dwelling unit, based upon either its square feet or the number of line 32 its drainage fixture unit (DFU) values, as defined in the Uniform line 33 Plumbing Code adopted and published by the International line 34 Association of Plumbing and Mechanical Officials, upon the water line 35 or sewer system. This fee or charge shall not exceed the reasonable line 36 cost of providing this service.
line 37 (g)  This section shall supersede a conflicting local ordinance. line 38 This section does not limit the authority of local agencies to adopt line 39 less restricti ve requirements for the creation of an accessory line 40 dwelling unit.
99 SB 1211 — 15 —

Packet Pg. 94
Communication: Senate Bill 1211 - Bill Text (ITEM 7 SENATE BILL 1211: Land Use: Accessory Dwelling Units) line 1 (h)  (1)  A local agenc y shall submit a cop y of the ordinance line 2 adopted pursuant to subdivision (a) to the Department of Housing line 3 and Community Development within 60 days after adoption. After line 4 adoption of an ordinance, the department may submit written line 5 findings to the local agency as to whether the ordinance complies line 6 with this section.
line 7 (2)  (A)  If the department finds that the local agency’s ordinance line 8 does not comply with this section, the department shall notify the line 9 local agency and shall provide the local agency with a reasonable line 10 time, no longer than 30 days, to respond to the findings before line 11 taking any other action authorized by this section. line 12 (B)  The local agency shall consider the findings made by the line 13 department pursuant to subparagraph (A) and shall do one of the line 14 following:
line 15 (i)  Amend the ordinance to comply with this section. line 16 (ii)  Adopt the ordinance without changes. The local agenc y line 17 shall include findings in its resolution adopting the ordinance that line 18 explain the reasons the local agenc y believes that the ordinance line 19 complies with this section despite the findings of the department. line 20 (3)  (A)  If the local agenc y does not amend its ordinance in line 21 response to the department’s findings or does not adopt a resolution line 22 with findings explaining the reason the ordinance complies with line 23 this section and addressing the department’ s findings, the line 24 department shall notify the local agenc y and may notify the line 25 Attorney General that the local agency is in violation of state law. line 26 (B)  Before notifying the Attorney General that the local agency line 27 is in violation of state law, the department may consider whether line 28 a local agency adopted an ordinance in compliance with this section line 29 between January 1, 2017, and January 1, 2020.
line 30 (i)  The department may re view, adopt, amend, or repeal line 31 guidelines to implement uniform standards or criteria that line 32 supplement or clarify the terms, references, and standards set forth line 33 in this section. The guidelines adopted pursuant to this subdivision line 34 are not subject to Chapter 3.5 (commencing with Section 11340) line 35 of Part 1 of Division 3 of Title 2.
line 36 (j)  As used in this section, the following terms mean:
line 37 (1)  “Accessory dwelling unit” means an attached or a detached line 38 residential dwelling unit that provides complete independent living line 39 facilities for one or more persons and is located on a lot with a line 40 proposed or existing primary residence. It shall include permanent 99 — 16 — SB 1211

Packet Pg. 95
Communication: Senate Bill 1211 - Bill Text (ITEM 7 SENATE BILL 1211: Land Use: Accessory Dwelling Units) line 1 provisions for living, sleeping, eating, cooking, and sanitation on line 2 the same parcel as the single-family or multifamily dwelling is or line 3 will be situated. An accessory dwelling unit also includes the line 4 following:
line 5 (A)  An efficiency unit.
line 6 (B)  A manufactured home, as defined in Section 18007 of the line 7 Health and Safety Code.
line 8 (2)  “Accessory structure” means a structure that is accessory line 9 and incidental to a dwelling located on the same lot. line 10 (3)  “Efficiency unit” has the same meaning as defined in Section line 11 17958.1 of the Health and Safety Code.
line 12 (4)  “Living area” means the interior habitable area of a dwelling line 13 unit, including basements and attics, but does not include a garage line 14 or any accessory structure.
line 15 (5)  “Local agency” means a city , county, or city and county , line 16 whether general law or chartered.
line 17 (6)  “Nonconforming zoning condition” means a ph ysical line 18 improvement on a property that does not conform to current zoning line 19 standards.
line 20 (7)  “Objective standards” means standards that in volve no line 21 personal or subjecti ve judgment by a public official and are line 22 uniformly v erifiable by reference to an e xternal and uniform line 23 benchmark or criterion a vailable and kno wable by both the line 24 development applicant or proponent and the public official prior line 25 to submittal.
line 26 (8)  “Passageway” means a pathw ay that is unobstructed clear line 27 to the sky and extends from a street to one entrance of the accessory line 28 dwelling unit.
line 29 (9)  “Permitting agency” means an y entity that is in volved in line 30 the review of a permit for an accessory dwelling unit or junior line 31 accessory dwelling unit and for which there is no substitute, line 32 including, b ut not limited to, applicable planning departments, line 33 building departments, utilities, and special districts. line 34 (10)  “Proposed dwelling” means a dwelling that is the subject line 35 of a permit application and that meets the requirements for line 36 permitting.
line 37 (11)  “Public transit” means a location, including, but not limited line 38 to, a bus stop or train station, where the public may access buses, line 39 trains, subways, and other forms of transportation that charge set line 40 fares, run on fixed routes, and are available to the public. 99 SB 1211 — 17 —

Packet Pg. 96
Communication: Senate Bill 1211 - Bill Text (ITEM 7 SENATE BILL 1211: Land Use: Accessory Dwelling Units) line 1 (12)  “Tandem parking” means that tw o or more automobiles line 2 are parked on a dri veway or in an y other location on a lot, lined line 3 up behind one another.
line 4 (k)  A local agency shall not issue a certificate of occupancy for line 5 an accessory dwelling unit before the local agenc y issues a line 6 certificate of occupancy for the primary dwelling. line 7 (l)  Nothing in this section shall be construed to supersede or in line 8 any way alter or lessen the effect or application of the California line 9 Coastal Act of 1976 (Di vision 20 (commencing with Section line 10 30000) of the Public Resources Code), e xcept that the local line 11 government shall not be required to hold public hearings for coastal line 12 development permit applications for accessory dwelling units. line 13 (m)  A local agency may count an accessory dwelling unit for line 14 purposes of identifying adequate sites for housing, as specified in line 15 subdivision (a) of Section 65583.1, subject to authorization by the line 16 department and compliance with this division.
line 17 (n)  In enforcing b uilding standards pursuant to Article 1 line 18 (commencing with Section 17960) of Chapter 5 of P art 1.5 of line 19 Division 13 of the Health and Safety Code for an accessory line 20 dwelling unit described in paragraph (1) or (2), a local agenc y, line 21 upon request of an owner of an accessory dwelling unit for a delay line 22 in enforcement, shall delay enforcement of a b uilding standard, line 23 subject to compliance with Section 17980.12 of the Health and line 24 Safety Code:
line 25 (1)  The accessory dwelling unit w as b uilt before January 1, line 26 2020.
line 27 (2)  The accessory dwelling unit w as built on or after January line 28 1, 2020, in a local jurisdiction that, at the time the accessory line 29 dwelling unit w as built, had a noncompliant accessory dwelling line 30 unit ordinance, b ut the ordinance is compliant at the time the line 31 request is made.
line 32 SEC. 2. No reimbursement is required by this act pursuant to line 33 Section 6 of Article XIIIB of the California Constitution because line 34 a local agency or school district has the authority to le vy service line 35 charges, fees, or assessments sufficient to pay for the program or line 36 level of service mandated by this act, within the meaning of Section line 37 17556 of the Government Code.

O
99 — 18 — SB 1211

Packet Pg. 97
Communication: Senate Bill 1211 - Bill Text (ITEM 7 SENATE BILL 1211: Land Use: Accessory Dwelling Units)

Legislative CommitteeMarch 18, 2024

Legislative Committee
March 18, 2024