Legislative Committee
May 15, 2024

Legislative Committee – May 15, 2024
Assembly Bill 1886 – Housing Element Law: Substantial Compliance:

Housing Accountability Act
Recommendation
Legislative Committee recommend to oppose of Assembly Bill 1886.

Summary
Introduced by Assembly Member David Alvarez (D-80-San Diego), Assembly Bill 1886 establishes that the State Department of Housing and Community Development (HCD) or a court determine whether a Housing Element is compliant with state law.

Background
The Housing Accountability Act (HAA) is state law that requires local governments, under existing planning and zoning law, to prepare and adopt a General Plan, including a Housing Element, to guide the future growth of a community. The Housing Element consists of an identification and analysis of existing and projected housing needs and a statement of goals, policies, objectives, financial resources, and scheduled programs for the preservation, improvement, and development of housing.

Current state law allows local governments to self-certify their Housing Element by having the local governing body adopt the Housing Element prior to review and ratification by HCD. Under current state law, if a local government does not have a compliant Housing Element then it may not deny a housing project that is inconsistent with a local government’s General Plan or zoning code, resulting in projects that significantly exceed local density and development standards.

This is known as the Builders Remedy.

During the 6th Regional Housing Needs Allocation Cycle, HCD provided revisions to the City’s draft Housing Element on three separate occasions, spanning over a two-year period. Each of the phases included 15-20 pages of revisions and each subsequent phase included revisions inconsistent from the previous revisions. During this period of time, the City received nine inquiries related to projects under the Builder’s Remedy. HCD ultimately found the City in compliance, however, only after over two years and significant staff and consultant resources were invested in this process. Other cities in Southern California experienced similar challenges in obtaining a certified Housing Element through HCD.

HCD claimed staff turnover and a lack of staff resources for the prolonged review and inconsistent revisions. As of April 2024, 212 cities out of 598 cities statewide do not have compliant Housing Elements.

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Communication: Assembly Bill 1886 – Housing Element Law: Substantial Compliance: Housing Accountability Act (ITEM 1 Assembly Bill 1886

The recommendation to oppose Assembly Bill 1886 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

California Building Industry Association (Sponsor)
San Francisco Bay Area Planning and Urban Research Association (Sponsor) Abundant Housing LA
California Apartment Association
California Chamber of Commerce
California YIMBY

Opponents

City of Corona
City of Garden Grove
City of Fullerton
City of Placentia
City of Stanton
League of California Cities

Bill Status

Assembly Bill 1886 passed the Assembly Committee on Appropriations (11-0-4) on May 8, 2024, and is pending an Assembly Floor vote.

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Communication: Assembly Bill 1886 – Housing Element Law: Substantial Compliance: Housing Accountability Act (ITEM 1 Assembly Bill 1886 AMENDED IN ASSEMBLY APRIL 15, 2024
AMENDED IN ASSEMBLY APRIL 1, 2024
california legislature—2023–24 regular session
ASSEMBLY BILL No. 1886
Introduced by Assembly Member Alvarez
(Coauthor: Assembly Member Wicks)
January 22, 2024
An act to amend Sections 65585 and 65589.5 of the Go vernment Code, relating to land use.
legislative counsel’s digest
AB 1886, as amended, Alvarez. Housing Element Law: substantial compliance: Housing Accountability Act.
(1)  The Planning and Zoning Law requires a city or county to adopt a general plan for land use de velopment within its boundaries that includes, among other things, a housing element. Existing la w, commonly referred to as the Housing Element La w, prescribes requirements for a city’ s or county’ s preparation of, and compliance with, its housing element, and requires the Department of Housing and Community Development to review and determine whether the housing element substantially complies with the Housing Element La w, as specified. If the department finds that a draft housing element or amendment does not substantially comply with the Housing Element Law, existing law requires the legislative body of the city or county to either (A) change the draft element or amendment to substantially comply with the Housing Element Law or (B) adopt the draft housing element or amendment without changes and mak e specified findings as to why the draft element or amendment substantially complies with

Revised 5-8-24—See last page. 97

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Communication: Assembly Bill 1886 Bill Text (ITEM 1 Assembly Bill 1886 – Housing Elemenet Law: Substantial Compliance: Housing the Housing Element La w despite the findings of the department.

Existing law requires a planning agency to promptly submit an adopted housing element or amendment to the department and requires the department to review the adopted housing element or amendment and report its findings to the planning agency within 60 days.

This bill w ould require a planning agenc y that mak es the above-described findings as to wh y a draft housing element or amendment substantially complies with the Housing Element La w despite the findings of the department to submit those findings to the department. The bill w ould require the department to re view those finding in its review of an adopted housing element or amendment. The bill w ould create a reb uttable presumption of v alidity for the department’s findings as to whether the adopted element or amendment substantially complies with the Housing Element Law. Because the bill would require planning agencies to submit specified findings to the department with an adopted housing element or amendment, the bill would impose a state-mandated local program.

This bill would pr ovide that a housing element or amendment is considered substantially compliant with the Housing Element Law when the local agency has adopted a housing element or amendment and the department or a court of competent jurisdiction determines the adopted housing element or amendment to be in substantial compliance with the Housing Element Law. The bill would specify that a determination of substantial compliance continues until the department or a court of competent jurisdiction determines otherwise or the end of the applicable housing element cycle. The bill would provide that these provisions are declaratory of existing law.
(2)  Existing law, the Housing Accountability Act, among other things, prohibits a local agenc y from disapproving, or conditioning appro val in a manner that renders infeasible, a housing development project for very low, low-, or moderate-income households unless the local agency makes written findings as to one of certain sets of conditions, as specified. One set of conditions is that (A) the jurisdiction has adopted a housing element that is in substantial compliance with the Housing Element Law, and (B) the jurisdiction has met or exceeded its share of the regional housing need allocation for the planning period for the income category proposed for the housing development project.

This bill w ould pro vide that, for purposes of disappro ving or conditionally approving a housing de velopment project for v ery low, low-, or moderate-income households, a housing element or amendment 97 — 2 — AB 1886

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Communication: Assembly Bill 1886 Bill Text (ITEM 1 Assembly Bill 1886 – Housing Elemenet Law: Substantial Compliance: Housing is considered substantially compliant with the Housing Element La w when the local agenc y has adopted a housing element or amendment and the department or a court of competent jurisdiction determines the adopted housing element or amendment to be in substantial compliance with the Housing Element La w. The bill w ould specify that a determination of substantial compliance continues until the department or a court of competent jurisdiction determines otherwise or the end of the applicable housing element cycle. The bill would provide that these provisions are declaratory of existing law.
(3)  The Housing Accountability Act also requires
Existing law subjects a housing development project to only be subject to the ordinances, policies, and standards adopted and in effect when a preliminary application was submitted, except as specified.

This bill would provide that require a housing element or amendment must to be considered in substantial compliance with the Housing Element Law only if the element or amendment was determined to be in substantial compliance when a preliminary application or complete application was submitted, as specified. The bill w ould provide that this provision is declaratory of existing law.
(4)
(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 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 65585 of the Government Code is line 2 amended to read:
line 3 65585. (a)  In the preparation of its housing element, each city line 4 and county shall consider the guidelines adopted by the department line 5 pursuant to Section 50459 of the Health and Safety Code. Those line 6 guidelines shall be advisory to each city or county in the line 7 preparation of its housing element.
line 8 (b)  (1)  At least 90 days prior to adoption of a re vision of its line 9 housing element pursuant to subdivision (e) of Section 65588, or line 10 at least 60 days prior to the adoption of a subsequent amendment 97 AB 1886 — 3 —

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Communication: Assembly Bill 1886 Bill Text (ITEM 1 Assembly Bill 1886 – Housing Elemenet Law: Substantial Compliance: Housing line 1 to this element, the planning agency shall submit a draft element line 2 revision or draft amendment to the department. The local line 3 government of the planning agenc y shall mak e the first draft line 4 revision of a housing element available for public comment for at line 5 least 30 days and, if an y comments are recei ved, the local line 6 government shall take at least 10 b usiness days after the 30-day line 7 public comment period to consider and incorporate public line 8 comments into the draft re vision prior to submitting it to the line 9 department. F or an y subsequent draft re vision, the local line 10 government shall post the draft revision on its internet website and line 11 shall email a link to the draft re vision to all indi viduals and line 12 organizations that ha ve previously requested notices relating to line 13 the local government’s housing element at least seven days before line 14 submitting the draft revision to the department. line 15 (2)  The planning agenc y staf f shall collect and compile the line 16 public comments regarding the housing element recei ved by the line 17 city, county, or city and county and pro vide these comments to line 18 each member of the legislative body before it adopts the housing line 19 element.
line 20 (3)  The department shall review the draft and report its written line 21 findings to the planning agency within 90 days of its receipt of the line 22 first draft submittal for each housing element revision pursuant to line 23 subdivision (e) of Section 65588 or within 60 days of its receipt line 24 of a subsequent draft amendment or an adopted revision or adopted line 25 amendment to an element. The department shall not re view the line 26 first draft submitted for each housing element re vision pursuant line 27 to subdivision (e) of Section 65588 until the local government has line 28 made the draft available for public comment for at least 30 days line 29 and, if comments were recei ved, has tak en at least 10 b usiness line 30 days to consider and incorporate public comments pursuant to line 31 paragraph (1).
line 32 (c)  In the preparation of its findings, the department may consult line 33 with any public agenc y, group, or person. The department shall line 34 receive and consider an y written comments from an y public line 35 agency, group, or person re garding the draft or adopted element line 36 or amendment under review.
line 37 (d)  In its written findings, the department shall determine line 38 whether the draft element or draft amendment substantially line 39 complies with this article.
97 — 4 — AB 1886

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Communication: Assembly Bill 1886 Bill Text (ITEM 1 Assembly Bill 1886 – Housing Elemenet Law: Substantial Compliance: Housing line 1 (e)  Prior to the adoption of its draft element or draft amendment, line 2 the le gislative body shall consider the findings made by the line 3 department. If the department’s findings are not a vailable within line 4 the time limits set by this section, the le gislative body may act line 5 without them.
line 6 (f)  If the department finds that the draft element or draft line 7 amendment does not substantially comply with this article, the line 8 legislative body shall take one of the following actions:
line 9 (1)  Change the draft element or draft amendment to substantially line 10 comply with this article.
line 11 (2)  Adopt the draft element or draft amendment without changes. line 12 The legislative body shall include in its resolution of adoption line 13 written findings that e xplain the reasons the le gislative body line 14 believes that the draft element or draft amendment substantially line 15 complies with this article despite the findings of the department. line 16 (g)  Promptly follo wing the adoption of its element or line 17 amendment, the planning agency shall submit a copy of the adopted line 18 element or amendment and an y findings made pursuant to line 19 paragraph (2) of subdivision (f) to the department. line 20 (h)  (1)  The department shall, within 60 days, re view adopted line 21 housing elements or amendments and an y findings pursuant to line 22 paragraph (2) of subdivision (f), make a finding as to whether the line 23 adopted element or amendment is in substantial compliance with line 24 this article, and report its findings to the planning agency. line 25 (2)  (A)  For purposes of subdivision (d) of Section 65589.5, a line 26 housing element or amendment shall be considered to be in line 27 substantial compliance with this article when both of the following line 28 conditions are satisfied:
line 29 (i)  The local agency adopts the housing element or amendment line 30 in accordance with this section.
line 31 (ii)  The department or a court of competent jurisdiction line 32 determines the adopted housing element or amendment to be in line 33 substantial compliance with this article.
line 34 (B)  A housing element or amendment shall continue to be line 35 considered in substantial compliance with this article until either line 36 of the following occur:
line 37 (i)  The department or a court of competent jurisdiction line 38 determines that the adopted housing element or amendment is no line 39 longer in substantial compliance with this article. line 40 (ii)  The end of the applicable housing element cycle. 97 AB 1886 — 5 —

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Communication: Assembly Bill 1886 Bill Text (ITEM 1 Assembly Bill 1886 – Housing Elemenet Law: Substantial Compliance: Housing line 1 (C)  This paragraph does not constitute a change in, b ut is line 2 declaratory of, existing law.
line 3 (3)  In any legal proceeding initiated to enforce the pro visions line 4 of this article, the department’ s findings made pursuant to this line 5 subdivision and subdi vision (b) shall create a reb uttable line 6 presumption of v alidity as to whether the adopted element or line 7 amendment substantially complies with this article. line 8 (i)  (1)  (A)  The department shall re view any action or f ailure line 9 to act by the city, county, or city and county that it determines is line 10 inconsistent with an adopted housing element or Section 65583, line 11 including any failure to implement any program actions included line 12 in the housing element pursuant to Section 65583. The department line 13 shall issue written findings to the city, county, or city and county line 14 as to whether the action or f ailure to act substantially complies line 15 with this article, and provide a reasonable time no longer than 30 line 16 days for the city , county, or city and county to respond to the line 17 findings before taking any other action authorized by this section, line 18 including the action authorized by subparagraph (B). line 19 (B)  If the department finds that the action or f ailure to act by line 20 the city, county, or city and county does not substantially comply line 21 with this article, and if it has issued findings pursuant to this section line 22 that an amendment to the housing element substantially complies line 23 with this article, the department may re voke its findings until it line 24 determines that the city, county, or city and county has come into line 25 compliance with this article.
line 26 (2)  The department may consult with an y local go vernment, line 27 public agency, group, or person, and shall recei ve and consider line 28 any written comments from any public agency, group, or person, line 29 regarding the action or f ailure to act by the city , county, or city line 30 and county described in paragraph (1), in determining whether the line 31 housing element substantially complies with this article. line 32 (j)  The department shall notify the city , county, or city and line 33 county and may notify the office of the Attorney General that the line 34 city, county, or city and county is in violation of state la w if the line 35 department finds that the housing element or an amendment to this line 36 element, or an y action or f ailure to act described in subdi vision line 37 (i), does not substantially comply with this article or that any local line 38 government has taken an action in violation of the following:
line 39 (1)  Housing Accountability Act (Section 65589.5). line 40 (2)  Section 65863.
97 — 6 — AB 1886

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Communication: Assembly Bill 1886 Bill Text (ITEM 1 Assembly Bill 1886 – Housing Elemenet Law: Substantial Compliance: Housing line 1 (3)  Chapter 4.3 (commencing with Section 65915). line 2 (4)  Section 65008.
line 3 (5)  Housing Crisis Act of 2019 (Chapter 654, Statutes of 2019, line 4 Sections 65941.1, 65943, and 66300).
line 5 (6)  Section 8899.50.
line 6 (7)  Section 65913.4.
line 7 (8)  Article 11 (commencing with Section 65650). line 8 (9)  Article 12 (commencing with Section 65660). line 9 (10)  Section 65913.11.
line 10 (11)  Section 65400.
line 11 (12)  Section 65863.2.
line 12 (13)  Chapter 4.1 (commencing with Section 65912.100). line 13 (14)  Section 65905.5.
line 14 (15)  Section 65852.2.
line 15 (16)  Section 65852.21.
line 16 (17)  Section 65852.22.
line 17 (18)  Section 65852.23.
line 18 (19)  Section 65852.24.
line 19 (20)  Section 65852.26.
line 20 (21)  Section 66411.7.
line 21 (22)  Section 65913.16.
line 22 (23)  Article 2 (commencing with Section 66300.5) of Chapter line 23 12.
line 24 (24)  Section 65852.28.
line 25 (25)  Section 65913.4.5.
line 26 (26)  Section 66499.41.
line 27 (k)  Commencing July 1, 2019, prior to the Attorney General line 28 bringing any suit for a violation of the pro visions identified in line 29 subdivision (j) related to housing element compliance and seeking line 30 remedies available pursuant to this subdi vision, the department line 31 shall offer the jurisdiction the opportunity for tw o meetings in line 32 person or via telephone to discuss the violation, and shall provide line 33 the jurisdiction written findings re garding the violation. This line 34 paragraph does not af fect any action filed prior to the ef fective line 35 date of this section. The requirements set forth in this subdivision line 36 do not apply to an y suits brought for a violation or violations of line 37 paragraphs (1) and (3) to (9), inclusive, of subdivision (j). line 38 (l)  In any action or special proceeding brought by the Attorney line 39 General relating to housing element compliance pursuant to a line 40 notice or referral under subdivision (j), the Attorney General may 97 AB 1886 — 7 —

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Communication: Assembly Bill 1886 Bill Text (ITEM 1 Assembly Bill 1886 – Housing Elemenet Law: Substantial Compliance: Housing line 1 request, upon a finding of the court that the housing element does line 2 not substantially comply with the requirements of this article line 3 pursuant to this section, that the court issue an order or judgment line 4 directing the jurisdiction to bring its housing element into line 5 substantial compliance with the requirements of this article. The line 6 court shall retain jurisdiction to ensure that its order or judgment line 7 is carried out. If a court determines that the housing element of line 8 the jurisdiction substantially complies with this article, it shall line 9 have the same force and effect, for purposes of eligibility for any line 10 financial assistance that requires a housing element in substantial line 11 compliance and for purposes of an y incentives pro vided under line 12 Section 65589.9, as a determination by the department that the line 13 housing element substantially complies with this article. line 14 (1)  If the jurisdiction has not complied with the order or line 15 judgment after 12 months, the court shall conduct a status line 16 conference. Following the status conference, upon a determination line 17 that the jurisdiction f ailed to comply with the order or judgment line 18 compelling substantial compliance with the requirements of this line 19 article, the court shall impose fines on the jurisdiction, which shall line 20 be deposited into the Building Homes and Jobs Trust Fund. Any line 21 fine le vied pursuant to this paragraph shall be in a minimum line 22 amount of ten thousand dollars ($10,000) per month, but shall not line 23 exceed one hundred thousand dollars ($100,000) per month, except line 24 as pro vided in paragraphs (2) and (3). In the e vent that the line 25 jurisdiction fails to pay fines imposed by the court in full and on line 26 time, the court may require the Controller to intercept any available line 27 state and local funds and direct such funds to the Building Homes line 28 and Jobs Trust Fund to correct the jurisdiction’ s failure to pay . line 29 The intercept of the funds by the Controller for this purpose shall line 30 not violate any provision of the California Constitution. line 31 (2)  If the jurisdiction has not complied with the order or line 32 judgment after three months follo wing the imposition of fees line 33 described in paragraph (1), the court shall conduct a status line 34 conference. Following the status conference, if the court finds that line 35 the fees imposed pursuant to paragraph (1) are insufficient to bring line 36 the jurisdiction into compliance with the order or judgment, the line 37 court may multiply the fine determined pursuant to paragraph (1) line 38 by a factor of three. In the e vent that the jurisdiction f ails to pay line 39 fines imposed by the court in full and on time, the court may line 40 require the Controller to intercept an y available state and local 97 — 8 — AB 1886

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Communication: Assembly Bill 1886 Bill Text (ITEM 1 Assembly Bill 1886 – Housing Elemenet Law: Substantial Compliance: Housing line 1 funds and direct such funds to the Building Homes and Jobs Trust line 2 Fund to correct the jurisdiction’ s failure to pay. The intercept of line 3 the funds by the Controller for this purpose shall not violate an y line 4 provision of the California Constitution.
line 5 (3)  If the jurisdiction has not complied with the order or line 6 judgment six months follo wing the imposition of fees described line 7 in paragraph (1), the court shall conduct a status conference. Upon line 8 a determination that the jurisdiction failed to comply with the order line 9 or judgment, the court may impose the following:
line 10 (A)  If the court finds that the fees imposed pursuant to line 11 paragraphs (1) and (2) are insufficient to bring the jurisdiction into line 12 compliance with the order or judgment, the court may multiply line 13 the fine determined pursuant to paragraph (1) by a f actor of six. line 14 In the event that the jurisdiction fails to pay fines imposed by the line 15 court in full and on time, the court may require the Controller to line 16 intercept any available state and local funds and direct such funds line 17 to the Building Homes and Jobs Trust Fund to correct the line 18 jurisdiction’s f ailure to pay . The intercept of the funds by the line 19 Controller for this purpose shall not violate an y provision of the line 20 California Constitution.
line 21 (B)  The court may order remedies available pursuant to Section line 22 564 of the Code of Civil Procedure, under which the agent of the line 23 court may tak e all go vernmental actions necessary to bring the line 24 jurisdiction’s housing element into substantial compliance pursuant line 25 to this article in order to remedy identified deficiencies. The court line 26 shall determine whether the housing element of the jurisdiction line 27 substantially complies with this article and, once the court makes line 28 that determination, it shall have the same force and effect, for all line 29 purposes, as the department’ s determination that the housing line 30 element substantially complies with this article. An agent appointed line 31 pursuant to this paragraph shall ha ve e xpertise in planning in line 32 California.
line 33 (4)  This subdivision does not limit a court’s discretion to apply line 34 any and all remedies in an action or special proceeding for a line 35 violation of any law identified in subdivision (j). line 36 (m)  In determining the application of the remedies a vailable line 37 under subdivision (l), the court shall consider whether there are line 38 any mitigating circumstances delaying the jurisdiction from coming line 39 into compliance with state housing la w. The court may consider line 40 whether a city, county, or city and county is making a good f aith 97 AB 1886 — 9 —

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Communication: Assembly Bill 1886 Bill Text (ITEM 1 Assembly Bill 1886 – Housing Elemenet Law: Substantial Compliance: Housing line 1 effort to come into substantial compliance or is facing substantial line 2 undue hardships.
line 3 (n)  Nothing in this section shall limit the authority of the office line 4 of the Attorney General to bring a suit to enforce state la w in an line 5 independent capacity. The office of the Attorney General may seek line 6 all remedies available under law including those set forth in this line 7 section.
line 8 (o)  Notwithstanding Sections 11040 and 11042, if the Attorney line 9 General declines to represent the department in an y action or line 10 special proceeding brought pursuant to a notice or referral under line 11 subdivision (j), the department may appoint or contract with other line 12 counsel for purposes of representing the department in the action line 13 or special proceeding.
line 14 (p)  Notwithstanding any other provision of law, the statute of line 15 limitations set forth in subdivision (a) of Section 338 of the Code line 16 of Civil Procedure shall apply to any action or special proceeding line 17 brought by the office of the Attorney General or pursuant to a line 18 notice or referral under subdi vision (j), or by the department line 19 pursuant to subdivision (o).
line 20 SECTION 1. Section 65585 of the Government Code is line 21 amended to read:
line 22 65585. (a)  In the preparation of its housing element, each city line 23 and county shall consider the guidelines adopted by the department line 24 pursuant to Section 50459 of the Health and Safety Code. Those line 25 guidelines shall be advisory to each city or county in the line 26 preparation of its housing element.
line 27 (b)  (1)  At least 90 days prior to adoption of a re vision of its line 28 housing element pursuant to subdivision (e) of Section 65588, or line 29 at least 60 days prior to the adoption of a subsequent amendment line 30 to this element, the planning agency shall submit a draft element line 31 revision or draft amendment to the department. The local line 32 government of the planning agenc y shall mak e the first draft line 33 revision of a housing element available for public comment for at line 34 least 30 days and, if an y comments are recei ved, the local line 35 government shall take at least 10 b usiness days after the 30-day line 36 public comment period to consider and incorporate public line 37 comments into the draft re vision prior to submitting it to the line 38 department. F or an y subsequent draft re vision, the local line 39 government shall post the draft revision on its internet website and line 40 shall email a link to the draft re vision to all indi viduals and 97 — 10 — AB 1886

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Communication: Assembly Bill 1886 Bill Text (ITEM 1 Assembly Bill 1886 – Housing Elemenet Law: Substantial Compliance: Housing line 1 organizations that ha ve previously requested notices relating to line 2 the local government’s housing element at least seven days before line 3 submitting the draft revision to the department. line 4 (2)  The planning agenc y staf f shall collect and compile the line 5 public comments regarding the housing element recei ved by the line 6 city, county, or city and county and pro vide these comments to line 7 each member of the legislative body before it adopts the housing line 8 element.
line 9 (3)  The department shall review the draft and report its written line 10 findings to the planning agency within 90 days of its receipt of the line 11 first draft submittal for each housing element revision pursuant to line 12 subdivision (e) of Section 65588 or within 60 days of its receipt line 13 of a subsequent draft amendment or an adopted revision or adopted line 14 amendment to an element. The department shall not re view the line 15 first draft submitted for each housing element re vision pursuant line 16 to subdivision (e) of Section 65588 until the local government has line 17 made the draft available for public comment for at least 30 days line 18 and, if comments were recei ved, has tak en at least 10 b usiness line 19 days to consider and incorporate public comments pursuant to line 20 paragraph (1).
line 21 (c)  In the preparation of its findings, the department may consult line 22 with any public agenc y, group, or person. The department shall line 23 receive and consider an y written comments from an y public line 24 agency, group, or person re garding the draft or adopted element line 25 or amendment under review.
line 26 (d)  In its written findings, the department shall determine line 27 whether the draft element or draft amendment substantially line 28 complies with this article.
line 29 (e)  Prior to the adoption of its draft element or draft amendment, line 30 the le gislative body shall consider the findings made by the line 31 department. If the department’s findings are not a vailable within line 32 the time limits set by this section, the le gislative body may act line 33 without them.
line 34 (f)  If the department finds that the draft element or draft line 35 amendment does not substantially comply with this article, the line 36 legislative body shall take one of the following actions:
line 37 (1)  Change the draft element or draft amendment to substantially line 38 comply with this article.
line 39 (2)  Adopt the draft element or draft amendment without changes. line 40 The legislative body shall include in its resolution of adoption 97 AB 1886 — 11 —

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Communication: Assembly Bill 1886 Bill Text (ITEM 1 Assembly Bill 1886 – Housing Elemenet Law: Substantial Compliance: Housing line 1 written findings that e xplain the reasons the le gislative body line 2 believes that the draft element or draft amendment substantially line 3 complies with this article despite the findings of the department. line 4 (g)  Promptly follo wing the adoption of its element or line 5 amendment, the planning agenc y shall submit a cop y to of the line 6 adopted element or amendment and any findings made pur suant line 7 to paragraph (2) of subdivision (f) to the department. line 8 (h)  (1)  The department shall, within 60 days, re view adopted line 9 housing elements or amendments and any findings pur suant to line 10 paragraph (2) of subdivision (f), make a finding as to whether the line 11 adopted element or amendment is in substantial compliance with line 12 this article, and report its findings to the planning agency. line 13 (2)  (A)  A housing element or amendment shall be consider ed line 14 to be in substantial compliance with this article when both of the line 15 following conditions are satisfied:
line 16 (i)  The local agency adopts the housing element or amendment line 17 in accordance with this section.
line 18 (ii)  The department or a court of competent jurisdiction line 19 determines the adopted housing element or amendment to be in line 20 substantial compliance with this article.
line 21 (B)  A housing element or amendment shall continue to be line 22 considered in substantial compliance with this article until either line 23 of the following occur:
line 24 (i)  The department or a court of competent jurisdiction line 25 determines that the adopted housing element or amendment is no line 26 longer in substantial compliance with this article. line 27 (ii)  The end of the applicable housing element cycle. line 28 (C)  This par agraph does not constitute a c hange in, b ut is line 29 declaratory of, existing law.
line 30 (3)  In any legal proceeding initiated to enforce the provisions line 31 of this article , the department’ s findings made pur suant to this line 32 subdivision and subdivision (b) shall cr eate a r ebuttable line 33 presumption of validity as to whether the adopted element or line 34 amendment substantially complies with this article. line 35 (i)  (1)  (A)  The department shall re view any action or f ailure line 36 to act by the city, county, or city and county that it determines is line 37 inconsistent with an adopted housing element or Section 65583, line 38 including any failure to implement any program actions included line 39 in the housing element pursuant to Section 65583. The department line 40 shall issue written findings to the city, county, or city and county 97 — 12 — AB 1886

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Communication: Assembly Bill 1886 Bill Text (ITEM 1 Assembly Bill 1886 – Housing Elemenet Law: Substantial Compliance: Housing line 1 as to whether the action or f ailure to act substantially complies line 2 with this article, and provide a reasonable time no longer than 30 line 3 days for the city , county, or city and county to respond to the line 4 findings before taking any other action authorized by this section, line 5 including the action authorized by subparagraph (B). line 6 (B)  If the department finds that the action or f ailure to act by line 7 the city, county, or city and county does not substantially comply line 8 with this article, and if it has issued findings pursuant to this section line 9 that an amendment to the housing element substantially complies line 10 with this article, the department may re voke its findings until it line 11 determines that the city, county, or city and county has come into line 12 compliance with this article.
line 13 (2)  The department may consult with an y local go vernment, line 14 public agency, group, or person, and shall recei ve and consider line 15 any written comments from any public agency, group, or person, line 16 regarding the action or f ailure to act by the city , county, or city line 17 and county described in paragraph (1), in determining whether the line 18 housing element substantially complies with this article. line 19 (j)  The department shall notify the city , county, or city and line 20 county and may notify the office of the Attorney General that the line 21 city, county, or city and county is in violation of state la w if the line 22 department finds that the housing element or an amendment to this line 23 element, or an y action or f ailure to act described in subdi vision line 24 (i), does not substantially comply with this article or that any local line 25 government has taken an action in violation of the following:
line 26 (1)  Housing Accountability Act (Section 65589.5). line 27 (2)  Section 65863.
line 28 (3)  Chapter 4.3 (commencing with Section 65915). line 29 (4)  Section 65008.
line 30 (5)  Housing Crisis Act of 2019 (Chapter 654, Statutes of 2019, line 31 Sections 65941.1, 65943, and 66300).
line 32 (6)  Section 8899.50.
line 33 (7)  Section 65913.4.
line 34 (8)  Article 11 (commencing with Section 65650). line 35 (9)  Article 12 (commencing with Section 65660). line 36 (10)  Section 65913.11.
line 37 (11)  Section 65400.
line 38 (12)  Section 65863.2.
line 39 (13)  Chapter 4.1 (commencing with Section 65912.100). line 40 (14)  Section 65905.5.
97 AB 1886 — 13 —

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Communication: Assembly Bill 1886 Bill Text (ITEM 1 Assembly Bill 1886 – Housing Elemenet Law: Substantial Compliance: Housing line 1 (15)  Chapter 13 (commencing with Section 66310). line 2 (16)  Section 65852.21.
line 3 (17)  Section 65852.24.
line 4 (18)  Section 66411.7.
line 5 (19)  Section 65913.16.
line 6 (20)  Article 2 (commencing with Section 66300.5) of Chapter line 7 12.
line 8 (21)  Section 65852.28.
line 9 (22)  Section 65913.4.5.
line 10 (23)  Section 66499.41.
line 11 (k)  Commencing July 1, 2019, prior to the Attorney General line 12 bringing any suit for a violation of the pro visions identified in line 13 subdivision (j) related to housing element compliance and seeking line 14 remedies available pursuant to this subdi vision, the department line 15 shall offer the jurisdiction the opportunity for tw o meetings in line 16 person or via telephone to discuss the violation, and shall provide line 17 the jurisdiction written findings re garding the violation. This line 18 paragraph does not af fect any action filed prior to the ef fective line 19 date of this section. The requirements set forth in this subdivision line 20 do not apply to an y suits brought for a violation or violations of line 21 paragraphs (1) and (3) to (9), inclusive, of subdivision (j). line 22 (l)  In any action or special proceeding brought by the Attorney line 23 General relating to housing element compliance pursuant to a line 24 notice or referral under subdivision (j), the Attorney General may line 25 request, upon a finding of the court that the housing element does line 26 not substantially comply with the requirements of this article line 27 pursuant to this section, that the court issue an order or judgment line 28 directing the jurisdiction to bring its housing element into line 29 substantial compliance with the requirements of this article. The line 30 court shall retain jurisdiction to ensure that its order or judgment line 31 is carried out. If a court determines that the housing element of line 32 the jurisdiction substantially complies with this article, it shall line 33 have the same force and effect, for purposes of eligibility for any line 34 financial assistance that requires a housing element in substantial line 35 compliance and for purposes of an y incentives pro vided under line 36 Section 65589.9, as a determination by the department that the line 37 housing element substantially complies with this article. line 38 (1)  If the jurisdiction has not complied with the order or line 39 judgment after 12 months, the court shall conduct a status line 40 conference. Following the status conference, upon a determination 97 — 14 — AB 1886

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Communication: Assembly Bill 1886 Bill Text (ITEM 1 Assembly Bill 1886 – Housing Elemenet Law: Substantial Compliance: Housing line 1 that the jurisdiction f ailed to comply with the order or judgment line 2 compelling substantial compliance with the requirements of this line 3 article, the court shall impose fines on the jurisdiction, which shall line 4 be deposited into the Building Homes and Jobs Trust Fund. Any line 5 fine le vied pursuant to this paragraph shall be in a minimum line 6 amount of ten thousand dollars ($10,000) per month, but shall not line 7 exceed one hundred thousand dollars ($100,000) per month, except line 8 as pro vided in paragraphs (2) and (3). In the e vent that the line 9 jurisdiction fails to pay fines imposed by the court in full and on line 10 time, the court may require the Controller to intercept any available line 11 state and local funds and direct such funds to the Building Homes line 12 and Jobs Trust Fund to correct the jurisdiction’ s failure to pay . line 13 The intercept of the funds by the Controller for this purpose shall line 14 not violate any provision of the California Constitution. line 15 (2)  If the jurisdiction has not complied with the order or line 16 judgment after three months follo wing the imposition of fees line 17 described in paragraph (1), the court shall conduct a status line 18 conference. Following the status conference, if the court finds that line 19 the fees imposed pursuant to paragraph (1) are insufficient to bring line 20 the jurisdiction into compliance with the order or judgment, the line 21 court may multiply the fine determined pursuant to paragraph (1) line 22 by a factor of three. In the e vent that the jurisdiction f ails to pay line 23 fines imposed by the court in full and on time, the court may line 24 require the Controller to intercept an y available state and local line 25 funds and direct such funds to the Building Homes and Jobs Trust line 26 Fund to correct the jurisdiction’ s failure to pay. The intercept of line 27 the funds by the Controller for this purpose shall not violate an y line 28 provision of the California Constitution.
line 29 (3)  If the jurisdiction has not complied with the order or line 30 judgment six months follo wing the imposition of fees described line 31 in paragraph (1), the court shall conduct a status conference. Upon line 32 a determination that the jurisdiction failed to comply with the order line 33 or judgment, the court may impose the following:
line 34 (A)  If the court finds that the fees imposed pursuant to line 35 paragraphs (1) and (2) are insufficient to bring the jurisdiction into line 36 compliance with the order or judgment, the court may multiply line 37 the fine determined pursuant to paragraph (1) by a f actor of six. line 38 In the event that the jurisdiction fails to pay fines imposed by the line 39 court in full and on time, the court may require the Controller to line 40 intercept any available state and local funds and direct such funds 97 AB 1886 — 15 —

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Communication: Assembly Bill 1886 Bill Text (ITEM 1 Assembly Bill 1886 – Housing Elemenet Law: Substantial Compliance: Housing line 1 to the Building Homes and Jobs Trust Fund to correct the line 2 jurisdiction’s f ailure to pay . The intercept of the funds by the line 3 Controller for this purpose shall not violate an y provision of the line 4 California Constitution.
line 5 (B)  The court may order remedies available pursuant to Section line 6 564 of the Code of Civil Procedure, under which the agent of the line 7 court may tak e all go vernmental actions necessary to bring the line 8 jurisdiction’s housing element into substantial compliance pursuant line 9 to this article in order to remedy identified deficiencies. The court line 10 shall determine whether the housing element of the jurisdiction line 11 substantially complies with this article and, once the court makes line 12 that determination, it shall have the same force and effect, for all line 13 purposes, as the department’ s determination that the housing line 14 element substantially complies with this article. An agent appointed line 15 pursuant to this paragraph shall ha ve e xpertise in planning in line 16 California.
line 17 (4)  This subdivision does not limit a court’s discretion to apply line 18 any and all remedies in an action or special proceeding for a line 19 violation of any law identified in subdivision (j). line 20 (m)  In determining the application of the remedies a vailable line 21 under subdivision (l), the court shall consider whether there are line 22 any mitigating circumstances delaying the jurisdiction from coming line 23 into compliance with state housing la w. The court may consider line 24 whether a city, county, or city and county is making a good f aith line 25 effort to come into substantial compliance or is facing substantial line 26 undue hardships.
line 27 (n)  Nothing in this section shall limit the authority of the office line 28 of the Attorney General to bring a suit to enforce state la w in an line 29 independent capacity. The office of the Attorney General may seek line 30 all remedies available under law including those set forth in this line 31 section.
line 32 (o)  Notwithstanding Sections 11040 and 11042, if the Attorney line 33 General declines to represent the department in an y action or line 34 special proceeding brought pursuant to a notice or referral under line 35 subdivision (j), the department may appoint or contract with other line 36 counsel for purposes of representing the department in the action line 37 or special proceeding.
line 38 (p)  Notwithstanding any other provision of law, the statute of line 39 limitations set forth in subdivision (a) of Section 338 of the Code line 40 of Civil Procedure shall apply to any action or special proceeding 97 — 16 — AB 1886

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Communication: Assembly Bill 1886 Bill Text (ITEM 1 Assembly Bill 1886 – Housing Elemenet Law: Substantial Compliance: Housing line 1 brought by the office of the Attorney General or pursuant to a line 2 notice or referral under subdi vision (j), or by the department line 3 pursuant to subdivision (o).
line 4 SEC. 2. Section 65589.5 of the Government Code is amended line 5 to read:
line 6 65589.5. (a)  (1)  The Legislature finds and declares all of the line 7 following:
line 8 (A)  The lack of housing, including emer gency shelters, is a line 9 critical problem that threatens the economic, en vironmental, and line 10 social quality of life in California.
line 11 (B)  California housing has become the most e xpensive in the line 12 nation. The excessive cost of the state’s housing supply is partially line 13 caused by activities and policies of many local governments that line 14 limit the approval of housing, increase the cost of land for housing, line 15 and require that high fees and e xactions be paid by producers of line 16 housing.
line 17 (C)  Among the consequences of those actions are discrimination line 18 against low-income and minority households, lack of housing to line 19 support emplo yment gro wth, imbalance in jobs and housing, line 20 reduced mobility, urban spra wl, e xcessive commuting, and air line 21 quality deterioration.
line 22 (D)  Many local governments do not give adequate attention to line 23 the economic, en vironmental, and social costs of decisions that line 24 result in disapproval of housing development projects, reduction line 25 in density of housing projects, and excessive standards for housing line 26 development projects.
line 27 (2)  In enacting the amendments made to this section by the act line 28 adding this paragraph, the Le gislature further finds and declares line 29 the following:
line 30 (A)  California has a housing supply and af fordability crisis of line 31 historic proportions. The consequences of f ailing to ef fectively line 32 and aggressi vely confront this crisis are hurting millions of line 33 Californians, robbing future generations of the chance to call line 34 California home, stifling economic opportunities for workers and line 35 businesses, worsening poverty and homelessness, and undermining line 36 the state’s environmental and climate objectives. line 37 (B)  While the causes of this crisis are multiple and comple x, line 38 the absence of meaningful and ef fective polic y reforms to line 39 significantly enhance the approval and supply of housing affordable line 40 to Californians of all income levels is a key factor. 97 AB 1886 — 17 —

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Communication: Assembly Bill 1886 Bill Text (ITEM 1 Assembly Bill 1886 – Housing Elemenet Law: Substantial Compliance: Housing line 1 (C)  The crisis has gro wn so acute in California that supply , line 2 demand, and affordability fundamentals are characterized in the line 3 negative: underserved demands, constrained supply, and protracted line 4 unaffordability.
line 5 (D)  According to reports and data, California has accumulated line 6 an unmet housing backlog of nearly 2,000,000 units and must line 7 provide for at least 180,000 new units annually to keep pace with line 8 growth through 2025.
line 9 (E)  California’s o verall home o wnership rate is at its lo west line 10 level since the 1940s. The state ranks 49th out of the 50 states in line 11 home ownership rates as well as in the supply of housing per capita. line 12 Only one-half of California’ s households are able to af ford the line 13 cost of housing in their local regions.
line 14 (F)  Lack of supply and rising costs are compounding inequality line 15 and limiting advancement opportunities for many Californians. line 16 (G)  The majority of California renters, more than 3,000,000 line 17 households, pay more than 30 percent of their income toward rent line 18 and nearly one-third, more than 1,500,000 households, pay more line 19 than 50 percent of their income toward rent.
line 20 (H)  When Californians ha ve access to safe and af fordable line 21 housing, they have more money for food and health care; they are line 22 less lik ely to become homeless and in need of
line 23 government-subsidized services; their children do better in school; line 24 and b usinesses ha ve an easier time recruiting and retaining line 25 employees.
line 26 (I)  An additional consequence of the state’s cumulative housing line 27 shortage is a significant increase in greenhouse g as emissions line 28 caused by the displacement and redirection of populations to states line 29 with greater housing opportunities, particularly w orking- and line 30 middle-class households. California’s cumulative housing shortfall line 31 therefore has not only national b ut international en vironmental line 32 consequences.
line 33 (J)  California’s housing picture has reached a crisis of historic line 34 proportions despite the fact that, for decades, the Legislature has line 35 enacted numerous statutes intended to significantly increase the line 36 approval, development, and affordability of housing for all income line 37 levels, including this section.
line 38 (K)  The Legislature’s intent in enacting this section in 1982 and line 39 in expanding its provisions since then was to significantly increase line 40 the approval and construction of ne w housing for all economic 97 — 18 — AB 1886

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Communication: Assembly Bill 1886 Bill Text (ITEM 1 Assembly Bill 1886 – Housing Elemenet Law: Substantial Compliance: Housing line 1 segments of California’ s communities by meaningfully and line 2 effectively curbing the capability of local go vernments to den y, line 3 reduce the density for, or render infeasible housing de velopment line 4 projects and emergency shelters. That intent has not been fulfilled. line 5 (L)  It is the polic y of the state that this section be interpreted line 6 and implemented in a manner to afford the fullest possible weight line 7 to the interest of, and the approval and provision of, housing. line 8 (3)  It is the intent of the Le gislature that the conditions that line 9 would have a specific, adverse impact upon the public health and line 10 safety, as described in paragraph (2) of subdi vision (d) and line 11 paragraph (1) of subdivision (j), arise infrequently. line 12 (b)  It is the policy of the state that a local government not reject line 13 or mak e infeasible housing de velopment projects, including line 14 emergency shelters, that contribute to meeting the need determined line 15 pursuant to this article without a thorough analysis of the economic, line 16 social, and en vironmental ef fects of the action and without line 17 complying with subdivision (d).
line 18 (c)  The Le gislature also recognizes that premature and line 19 unnecessary de velopment of agricultural lands for urban uses line 20 continues to have adverse effects on the availability of those lands line 21 for food and fiber production and on the economy of the state. line 22 Furthermore, it is the policy of the state that development should line 23 be guided a way from prime agricultural lands; therefore, in line 24 implementing this section, local jurisdictions should encourage, line 25 to the maximum extent practicable, in filling existing urban areas. line 26 (d)  A local agency shall not disapprove a housing development line 27 project, including farmworker housing as defined in subdi vision line 28 (h) of Section 50199.7 of the Health and Safety Code, for v ery line 29 low, lo w-, or moderate-income households, or an emer gency line 30 shelter, or condition approval in a manner that renders the housing line 31 development project infeasible for development for the use of very line 32 low, lo w-, or moderate-income households, or an emer gency line 33 shelter, including through the use of design re view standards, line 34 unless it makes written findings, based upon a preponderance of line 35 the evidence in the record, as to one of the following:
line 36 (1)  The jurisdiction has adopted a housing element pursuant to line 37 this article that has been revised in accordance with Section 65588, line 38 is in substantial compliance with this article, and the jurisdiction line 39 has met or e xceeded its share of the re gional housing need line 40 allocation pursuant to Section 65584 for the planning period for 97 AB 1886 — 19 —

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Communication: Assembly Bill 1886 Bill Text (ITEM 1 Assembly Bill 1886 – Housing Elemenet Law: Substantial Compliance: Housing line 1 the income category proposed for the housing development project, line 2 provided that any disapproval or conditional approval shall not be line 3 based on any of the reasons prohibited by Section 65008. If the line 4 housing development project includes a mix of income categories, line 5 and the jurisdiction has not met or exceeded its share of the regional line 6 housing need for one or more of those cate gories, then this line 7 paragraph shall not be used to disapprove or conditionally approve line 8 the housing development project. The share of the regional housing line 9 need met by the jurisdiction shall be calculated consistently with line 10 the forms and definitions that may be adopted by the Department line 11 of Housing and Community De velopment pursuant to Section line 12 65400. In the case of an emer gency shelter, the jurisdiction shall line 13 have met or exceeded the need for emergency shelter, as identified line 14 pursuant to paragraph (7) of subdivision (a) of Section 65583. Any line 15 disapproval or conditional appro val pursuant to this paragraph line 16 shall be in accordance with applicable law, rule, or standards. line 17 (2)  The housing development project or emer gency shelter as line 18 proposed would have a specific, adv erse impact upon the public line 19 health or safety, and there is no feasible method to satisf actorily line 20 mitigate or avoid the specific, adv erse impact without rendering line 21 the de velopment unaf fordable to lo w- and moderate-income line 22 households or rendering the development of the emergency shelter line 23 financially infeasible. As used in this paragraph, a “specific, line 24 adverse impact” means a significant, quantifiable, direct, and line 25 unavoidable impact, based on objective, identified written public line 26 health or safety standards, policies, or conditions as the y existed line 27 on the date the application was deemed complete. The following line 28 shall not constitute a specific, adv erse impact upon the public line 29 health or safety:
line 30 (A)  Inconsistency with the zoning ordinance or general plan line 31 land use designation.
line 32 (B)  The eligibility to claim a welf are e xemption under line 33 subdivision (g) of Section 214 of the Revenue and Taxation Code. line 34 (3)  The denial of the housing development project or imposition line 35 of conditions is required in order to comply with specific state or line 36 federal law, and there is no feasible method to comply without line 37 rendering the de velopment unaf fordable to lo w- and line 38 moderate-income households or rendering the development of the line 39 emergency shelter financially infeasible.
97 — 20 — AB 1886

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Communication: Assembly Bill 1886 Bill Text (ITEM 1 Assembly Bill 1886 – Housing Elemenet Law: Substantial Compliance: Housing line 1 (4)  The housing de velopment project or emer gency shelter is line 2 proposed on land zoned for agriculture or resource preserv ation line 3 that is surrounded on at least tw o sides by land being used for line 4 agricultural or resource preservation purposes, or which does not line 5 have adequate water or wastewater facilities to serve the project. line 6 (5)  The housing de velopment project or emer gency shelter is line 7 inconsistent with both the jurisdiction’ s zoning ordinance and line 8 general plan land use designation as specified in an y element of line 9 the general plan as it e xisted on the date the application w as line 10 deemed complete, and the jurisdiction has adopted a re vised line 11 housing element in accordance with Section 65588 that is in line 12 substantial compliance with this article. F or purposes of this line 13 section, a change to the zoning ordinance or general plan land use line 14 designation subsequent to the date the application w as deemed line 15 complete shall not constitute a v alid basis to disappro ve or line 16 condition appro val of the housing de velopment project or line 17 emergency shelter.
line 18 (A)  This paragraph cannot be utilized to disappro ve or line 19 conditionally approve a housing development project if the housing line 20 development project is proposed on a site that is identified as line 21 suitable or a vailable for v ery lo w, lo w-, or moderate-income line 22 households in the jurisdiction’ s housing element, and consistent line 23 with the density specified in the housing element, e ven though it line 24 is inconsistent with both the jurisdiction’ s zoning ordinance and line 25 general plan land use designation.
line 26 (B)  If the local agency has failed to identify in the inventory of line 27 land in its housing element sites that can be developed for housing line 28 within the planning period and are sufficient to pro vide for the line 29 jurisdiction’s share of the re gional housing need for all income line 30 levels pursuant to Section 65584, then this paragraph shall not be line 31 utilized to disappro ve or conditionally appro ve a housing line 32 development project proposed for a site designated in any element line 33 of the general plan for residential uses or designated in any element line 34 of the general plan for commercial uses if residential uses are line 35 permitted or conditionally permitted within commercial line 36 designations. In any action in court, the b urden of proof shall be line 37 on the local agency to show that its housing element does identify line 38 adequate sites with appropriate zoning and development standards line 39 and with services and facilities to accommodate the local agency’s 97 AB 1886 — 21 —

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Communication: Assembly Bill 1886 Bill Text (ITEM 1 Assembly Bill 1886 – Housing Elemenet Law: Substantial Compliance: Housing line 1 share of the re gional housing need for the v ery low, low-, and line 2 moderate-income categories.
line 3 (C)  If the local agenc y has f ailed to identify a zone or zones line 4 where emergency shelters are allowed as a permitted use without line 5 a conditional use or other discretionary permit, has f ailed to line 6 demonstrate that the identified zone or zones include sufficient line 7 capacity to accommodate the need for emergency shelter identified line 8 in paragraph (7) of subdivision (a) of Section 65583, or has failed line 9 to demonstrate that the identified zone or zones can accommodate line 10 at least one emer gency shelter, as required by paragraph (4) of line 11 subdivision (a) of Section 65583, then this paragraph shall not be line 12 utilized to disappro ve or conditionally appro ve an emer gency line 13 shelter proposed for a site designated in any element of the general line 14 plan for industrial, commercial, or multifamily residential uses. In line 15 any action in court, the burden of proof shall be on the local agency line 16 to show that its housing element does satisfy the requirements of line 17 paragraph (4) of subdivision (a) of Section 65583. line 18 (e)  Nothing in this section shall be construed to relieve the local line 19 agency from complying with the congestion management program line 20 required by Chapter 2.6 (commencing with Section 65088) of line 21 Division 1 of Title 7 or the California Coastal Act of 1976 line 22 (Division 20 (commencing with Section 30000) of the Public line 23 Resources Code). Neither shall an ything in this section be line 24 construed to relieve the local agency from making one or more of line 25 the findings required pursuant to Section 21081 of the Public line 26 Resources Code or otherwise complying with the California line 27 Environmental Quality Act (Division 13 (commencing with Section line 28 21000) of the Public Resources Code).
line 29 (f)  (1)  Except as pro vided in subdi vision (o), nothing in this line 30 section shall be construed to prohibit a local agency from requiring line 31 the housing de velopment project to comply with objecti ve, line 32 quantifiable, written de velopment standards, conditions, and line 33 policies appropriate to, and consistent with, meeting the line 34 jurisdiction’s share of the regional housing need pursuant to Section line 35 65584. Ho wever, the de velopment standards, conditions, and line 36 policies shall be applied to f acilitate and accommodate line 37 development at the density permitted on the site and proposed by line 38 the development.
line 39 (2)  Except as provided in subdivision (o), nothing in this section line 40 shall be construed to prohibit a local agenc y from requiring an 97 — 22 — AB 1886

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Communication: Assembly Bill 1886 Bill Text (ITEM 1 Assembly Bill 1886 – Housing Elemenet Law: Substantial Compliance: Housing line 1 emergency shelter project to comply with objective, quantifiable, line 2 written development standards, conditions, and policies that are line 3 consistent with paragraph (4) of subdivision (a) of Section 65583 line 4 and appropriate to, and consistent with, meeting the jurisdiction’s line 5 need for emer gency shelter, as identified pursuant to paragraph line 6 (7) of subdivision (a) of Section 65583. However, the development line 7 standards, conditions, and policies shall be applied by the local line 8 agency to f acilitate and accommodate the de velopment of the line 9 emergency shelter project.
line 10 (3)  Except as provided in subdivision (o), nothing in this section line 11 shall be construed to prohibit a local agenc y from imposing fees line 12 and other exactions otherwise authorized by law that are essential line 13 to provide necessary public services and f acilities to the housing line 14 development project or emergency shelter.
line 15 (4)  For purposes of this section, a housing development project line 16 or emergency shelter shall be deemed consistent, compliant, and line 17 in conformity with an applicable plan, program, policy, ordinance, line 18 standard, requirement, or other similar pro vision if there is line 19 substantial e vidence that w ould allo w a reasonable person to line 20 conclude that the housing de velopment project or emer gency line 21 shelter is consistent, compliant, or in conformity. line 22 (g)  This section shall be applicable to charter cities because the line 23 Legislature finds that the lack of housing, including emer gency line 24 shelter, is a critical statewide problem.
line 25 (h)  The follo wing definitions apply for the purposes of this line 26 section:
line 27 (1)  “Feasible” means capable of being accomplished in a line 28 successful manner within a reasonable period of time, taking into line 29 account economic, environmental, social, and technological factors. line 30 (2)  “Housing development project” means a use consisting of line 31 any of the following:
line 32 (A)  Residential units only.
line 33 (B)  Mixed-use de velopments consisting of residential and line 34 nonresidential uses with at least tw o-thirds of the square footage line 35 designated for residential use.
line 36 (C)  Transitional housing or supportive housing. line 37 (3)  “Housing for v ery lo w, lo w-, or moderate-income line 38 households” means that either (A) at least 20 percent of the total line 39 units shall be sold or rented to lower income households, as defined line 40 in Section 50079.5 of the Health and Safety Code, or (B) 100 97 AB 1886 — 23 —

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Communication: Assembly Bill 1886 Bill Text (ITEM 1 Assembly Bill 1886 – Housing Elemenet Law: Substantial Compliance: Housing line 1 percent of the units shall be sold or rented to persons and families line 2 of moderate income as defined in Section 50093 of the Health and line 3 Safety Code, or persons and families of middle income, as defined line 4 in Section 65008 of this code. Housing units tar geted for lo wer line 5 income households shall be made available at a monthly housing line 6 cost that does not exceed 30 percent of 60 percent of area median line 7 income with adjustments for household size made in accordance line 8 with the adjustment factors on which the lower income eligibility line 9 limits are based. Housing units tar geted for persons and f amilies line 10 of moderate income shall be made available at a monthly housing line 11 cost that does not exceed 30 percent of 100 percent of area median line 12 income with adjustments for household size made in accordance line 13 with the adjustment f actors on which the moderate-income line 14 eligibility limits are based.
line 15 (4)  “Area median income” means area median income as line 16 periodically established by the Department of Housing and line 17 Community Development pursuant to Section 50093 of the Health line 18 and Safety Code. The de veloper shall pro vide sufficient le gal line 19 commitments to ensure continued availability of units for very low line 20 or low-income households in accordance with the pro visions of line 21 this subdivision for 30 years.
line 22 (5)  Notwithstanding an y other la w, until January 1, 2030, line 23 “deemed complete” means that the applicant has submitted a line 24 preliminary application pursuant to Section 65941.1 or , if the line 25 applicant has not submitted a preliminary application, has line 26 submitted a complete application pursuant to Section 65943. line 27 (6)  “Disapprove the housing development project” includes any line 28 instance in which a local agency does any of the following:
line 29 (A)  Votes on a proposed housing de velopment project line 30 application and the application is disappro ved, including an y line 31 required land use appro vals or entitlements necessary for the line 32 issuance of a building permit.
line 33 (B)  Fails to comply with the time periods specified in line 34 subdivision (a) of Section 65950. An extension of time pursuant line 35 to Article 5 (commencing with Section 65950) shall be deemed to line 36 be an extension of time pursuant to this paragraph. line 37 (C)  Fails to meet the time limits specified in Section 65913.3. line 38 (D)  (i)  Fails to make a determination of whether the project is line 39 exempt from the California Environmental Quality Act (Division line 40 13 (commencing with Section 21000) of the Public Resources 97 — 24 — AB 1886

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Communication: Assembly Bill 1886 Bill Text (ITEM 1 Assembly Bill 1886 – Housing Elemenet Law: Substantial Compliance: Housing line 1 Code), or commits an ab use of discretion, as defined in this line 2 subparagraph, if all of the following conditions are satisfied:
line 3 (I)  There is substantial evidence in the record before the local line 4 agency that the housing development project is not located in either line 5 of the following:
line 6 (ia)  On a site specified in subparagraphs (A) to (C), inclusi ve, line 7 or subparagraphs (E) to (K), inclusi ve, of paragraph (6) of line 8 subdivision (a) of Section 65913.4.
line 9 (ib)  Within a very high fire hazard severity zone, as determined line 10 by the Department of F orestry and Fire Protection pursuant to line 11 Section 51178, or within a high or v ery high fire hazard severity line 12 zone as indicated on maps adopted by the Department of Forestry line 13 and Fire Protection pursuant to Section 4202 of the Public line 14 Resources Code.
line 15 (II)  The housing development project is located on a legal parcel line 16 or parcels within an urbanized area and meets one or more of the line 17 following criteria:
line 18 (ia)  The housing development project is located within one-half line 19 mile walking distance to either a high-quality transit corridor or a line 20 major transit stop.
line 21 (ib)  The housing development project is located in a v ery low line 22 vehicle travel area.
line 23 (ic)  The housing development project is proximal to six or more line 24 amenities pursuant to subclause (IV) of clause (ii) as of the date line 25 of submission of the application for the project. line 26 (id)  Parcels that are de veloped with urban uses adjoin at least line 27 75 percent of the perimeter of the project site or at least three sides line 28 of a four -sided project site. F or purposes of this clause, parcels line 29 that are only separated by a street or highway shall be considered line 30 to be adjoined.
line 31 (III)  The density of the housing de velopment project meets or line 32 exceeds 15 dwelling units per acre.
line 33 (IV)  Both of the following criteria are met:
line 34 (ia)  There is substantial evidence in the record before the local line 35 agency that the housing de velopment project is eligible for an line 36 exemption sought by the applicant.
line 37 (ib)  If the e xemption sought by the applicant is subject to an line 38 exception under the Guidelines for Implementation of the line 39 California Environmental Quality Act (Chapter 3 (commencing line 40 with Section 15000) of Di vision 6 of Title 14 of the California 97 AB 1886 — 25 —

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Communication: Assembly Bill 1886 Bill Text (ITEM 1 Assembly Bill 1886 – Housing Elemenet Law: Substantial Compliance: Housing line 1 Code of Regulations), there is substantial e vidence in the record line 2 before the local agenc y that the application of that cate gorical line 3 exemption is not barred by one of the e xceptions set forth in line 4 Section 15300.2 of those guidelines.
line 5 (V)  (ia)  The applicant has gi ven timely written notice to the line 6 local agency of the action or inaction that the applicant belie ves line 7 constitutes a f ailure to mak e a determination or an ab use of line 8 discretion, as defined in this subparagraph, and the local agenc y line 9 did not mak e a la wful determination within 90 days of the line 10 applicant’s written notice. The applicant’ s written notice shall line 11 contain all of the following:
line 12 (Ia)  The information specified in paragraphs (1), (2), (5), and line 13 (6) of subdivision (a) of Section 15062 of Title 14 of the California line 14 Code of Regulations.
line 15 (Ib)  A citation to the section of Title 14 of the California Code line 16 of Regulations or the statute under which the applicant asserts that line 17 the project is exempt.
line 18 (Ic)  A brief statement of reasons supporting the assertion that line 19 the project is exempt.
line 20 (Id)  A cop y of the e xcerpts from the record constituting line 21 substantial e vidence that the criteria of subclauses (I) to (IV), line 22 inclusive, are satisfied.
line 23 (ib)  Within fiv e w orking days of recei ving the applicant’ s line 24 written notice required by sub-subclause (ia), the local agenc y line 25 shall file the notice with the county clerk of each county in which line 26 the project will be located. The county clerk shall post the notice line 27 and make it available for public inspection in the manner set forth line 28 in subdivision (c) of Section 21152 of the Public Resources Code. line 29 Compliance with this sub-subclause is not a condition that must line 30 be satisfied in order to find that the local agency has disapproved line 31 the housing development project under this subparagraph. line 32 (ic)  The local agency may, by providing a written response to line 33 the applicant within 90 additional days of the applicant’ s written line 34 notice, extend the time period to make a lawful determination by line 35 no more than 90 days if the extension is necessary to determine if line 36 there is substantial e vidence in the record that the housing line 37 development project is eligible for the e xemption sought by the line 38 applicant.
line 39 (id)  If the local agenc y has given the applicant written notice line 40 of the local agency’s determination that the project is not exempt, 97 — 26 — AB 1886

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Communication: Assembly Bill 1886 Bill Text (ITEM 1 Assembly Bill 1886 – Housing Elemenet Law: Substantial Compliance: Housing line 1 the applicant’s notice shall be deemed timely if and only if it is line 2 delivered to the local agenc y within 35 days of the date that the line 3 local agenc y g ave the applicant notice of the local agenc y’s line 4 determination.
line 5 (ie)  If the local agency has not given the applicant the written line 6 notice described in sub-subclause (id), the applicant’s notice shall line 7 be deemed timely if gi ven after 60 days from the date on which line 8 the project application has been received and accepted as complete line 9 by the lead agency, or 60 days from the date on which the project line 10 application has been determined or deemed to be complete within line 11 the meaning of Section 65943, whichever is earlier. line 12 (ii)  For purposes of this subparagraph, the following definitions line 13 apply:
line 14 (I)  “Abuse of discretion” means that the conditions set forth in line 15 subclauses (I) to (IV), inclusive, of clause (i) are satisfied, but the line 16 local agency does not determine that the project is e xempt from line 17 the California En vironmental Quality Act (Di vision 13 line 18 (commencing with Section 21000) of the Public Resources Code). line 19 This subclause sets forth the e xclusive definition of “ab use of line 20 discretion” for purposes of this subparagraph.
line 21 (II)  “High-quality transit corridor” has the same meaning defined line 22 in subdivision (b) of Section 21155 of the Public Resources Code. line 23 (III)  “Major transit stop” has the same meaning as defined in line 24 Section 21064.3 of the Public Resources Code.
line 25 (IV)  “Proximal” to an amenity means either of the following:
line 26 (ia)  Within one-half mile of either of the following amenities:
line 27 (Ia)  A bus station.
line 28 (Ib)  A ferry terminal.
line 29 (ib)  Within one mile, or for a parcel in a rural area, as defined line 30 in Section 50199.21 of the Health and Safety Code, within tw o line 31 miles, of any of the following amenities:
line 32 (Ia)  A supermarket or grocery store.
line 33 (Ib)  A public park.
line 34 (Ic)  A community center.
line 35 (Id)  A pharmacy or drugstore.
line 36 (Ie)  A medical clinic or hospital.
line 37 (If)  A public library.
line 38 (Ig)  A school that maintains a kindergarten or any of grades 1 line 39 to 12, inclusive.
97 AB 1886 — 27 —

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Communication: Assembly Bill 1886 Bill Text (ITEM 1 Assembly Bill 1886 – Housing Elemenet Law: Substantial Compliance: Housing line 1 (V)  “Urbanized area” has the same meaning as defined in line 2 Section 21071 of the Public Resources Code.
line 3 (VI)  (ia)  “Very low vehicle travel area” means an urbanized line 4 area, as designated by the United States Census Bureau, where the line 5 existing residential development generates vehicle miles traveled line 6 per capita that is below 85 percent of either regional vehicle miles line 7 traveled per capita or city vehicle miles traveled per capita. line 8 (ib)  For purposes of sub-subclause (ia), “area” may include a line 9 travel analysis zone, hexagon, or grid.
line 10 (ic)  For the purposes of determining “re gional vehicle miles line 11 traveled per capita” pursuant to sub-subclause (ia), a “re gion” is line 12 the entirety of incorporated and unincorporated areas governed by line 13 a multicounty or single-county metropolitan planning organization, line 14 or the entirety of the incorporated and unincorporated areas of an line 15 individual county that is not part of a metropolitan planning line 16 organization.
line 17 (iii)  This subparagraph shall not be construed to require a local line 18 agency to determine that a project is exempt if, on the record before line 19 the local agency, the project is not eligible for exemption. line 20 (iv)  This subparagraph shall become inoperative on January 1, line 21 2031.
line 22 (E)  Fails to adopt a ne gative declaration or addendum for the line 23 project, to certify an environmental impact report for the project, line 24 or to approve another comparable environmental document, such line 25 as a sustainable communities environmental assessment pursuant line 26 to Section 21155.2 of the Public Resources Code, as required line 27 pursuant to the California En vironmental Quality Act (Division line 28 13 (commencing with Section 21000) of the Public Resources line 29 Code), if all of the following conditions are satisfied:
line 30 (i)  There is substantial evidence in the record before the local line 31 agency that the site of the housing de velopment project is not line 32 located on either of the following:
line 33 (I)  On a site specified in subparagraphs (A) to (C), inclusi ve, line 34 or subparagraphs (E) to (K), inclusi ve, of paragraph (6) of line 35 subdivision (a) of Section 65913.4.
line 36 (II)  Within a very high fire hazard severity zone, as determined line 37 by the Department of F orestry and Fire Protection pursuant to line 38 Section 51178, or within a high or v ery high fire hazard severity line 39 zone as indicated on maps adopted by the Department of Forestry 97 — 28 — AB 1886

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Communication: Assembly Bill 1886 Bill Text (ITEM 1 Assembly Bill 1886 – Housing Elemenet Law: Substantial Compliance: Housing line 1 and Fire Protection pursuant to Section 4202 of the Public line 2 Resources Code.
line 3 (ii)  The housing development project is located on a legal parcel line 4 or parcels within an urbanized area and meets one or more of the line 5 following criteria:
line 6 (I)  The housing development project is located within one-half line 7 mile walking distance to either a high-quality transit corridor or a line 8 major transit stop.
line 9 (II)  The housing development project is located in a v ery low line 10 vehicle travel area.
line 11 (III)  The housing development project is proximal to six or more line 12 amenities pursuant to subclause (IV) of clause (vii) as of the date line 13 of submission of the application for the project. line 14 (IV)  Parcels that are developed with urban uses adjoin at least line 15 75 percent of the perimeter of the project site or at least three sides line 16 of a four -sided project site. F or purposes of this clause, parcels line 17 that are only separated by a street or highway shall be considered line 18 to be adjoined.
line 19 (iii)  The density of the housing de velopment project meets or line 20 exceeds 15 dwelling units per acre.
line 21 (iv)  There has been prepared a negative declaration, addendum, line 22 environmental impact report, or comparable environmental review line 23 document that, if duly adopted, approved, or certified by the local line 24 agency, w ould satisfy the requirements of the California line 25 Environmental Quality Act (Division 13 (commencing with Section line 26 21000) of the Public Resources Code) with respect to the project. line 27 (v)  The local agency or a body or official to which the agenc y line 28 has delegated authority to adopt, approve, or certify the negative line 29 declaration addendum, environmental impact report, or comparable line 30 environmental re view document has held a meeting at which line 31 adoption, approval, or certification of the en vironmental review line 32 document w as on the agenda and the en vironmental re view line 33 document could ha ve been adopted, appro ved, or certified, as line 34 applicable, but the agency did either of the following:
line 35 (I)  Committed an ab use of discretion, as defined in this line 36 subparagraph.
line 37 (II)  Failed to decide whether to require further study or to adopt, line 38 approve, or certify the environmental document. line 39 (vi)  (I)  The applicant has gi ven timely written notice to the line 40 local agency of the action or inaction that the applicant belie ves 97 AB 1886 — 29 —

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Communication: Assembly Bill 1886 Bill Text (ITEM 1 Assembly Bill 1886 – Housing Elemenet Law: Substantial Compliance: Housing line 1 constitutes a f ailure to decide or an ab use of discretion, and the line 2 local agency did not make a lawful determination about whether line 3 to adopt, approve, or certify the environmental review document line 4 within 90 days of the applicant’ s written notice. The applicant’s line 5 written notice shall include a copy of those excerpts from the record line 6 that constitute substantial evidence that the criteria of clauses (i) line 7 to (iv), inclusive, are satisfied.
line 8 (II)  If the local agency has voted to require further study, rather line 9 than adopting, appro ving, or certifying the ne gative declaration, line 10 addendum, en vironmental impact report, or comparable line 11 environmental review document in the form it w as presented for line 12 the agency’s consideration, the applicant’s notice shall be deemed line 13 timely if and only if it is deli vered to the local agenc y within 35 line 14 days of the date that the local agenc y gave written notice of its line 15 decision to the applicant.
line 16 (III)  If the local agency has not voted to require further study, line 17 rather than adopting, appro ving, or certifying the ne gative line 18 declaration, addendum, environmental impact report, or comparable line 19 environmental review document in the form it w as presented for line 20 the agency’s consideration, the applicant’s notice shall be deemed line 21 timely if given after the time period specified in Section 21151.5 line 22 of the Public Resources Code or another applicable pro vision of line 23 that code for completing the addendum, ne gative declaration, line 24 environmental impact report, or other comparable environmental line 25 review document, as applicable, has passed. If the Public Resources line 26 Code does not specifically describe the deadline to complete the line 27 applicable en vironmental document, a 180-day deadline is the line 28 applicable time period.
line 29 (vii)  For purposes of this subparagraph, the following definitions line 30 apply:
line 31 (I)  (ia)  “Abuse of discretion” means either of the following:
line 32 (Ia)  If the local agenc y fails to adopt a ne gative declaration, line 33 “abuse of discretion” means that the agency, in bad faith or without line 34 substantial evidence in the record to support a f air argument that line 35 further environmental study is necessary to identify or analyze line 36 potentially significant impacts on the ph ysical en vironment, line 37 decided to require further environmental study rather than adopting line 38 the negative declaration.
line 39 (Ib)  If the local agenc y f ails to adopt an addendum for the line 40 project, certify an environmental impact report for the project, or 97 — 30 — AB 1886

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Communication: Assembly Bill 1886 Bill Text (ITEM 1 Assembly Bill 1886 – Housing Elemenet Law: Substantial Compliance: Housing line 1 approve another comparable environmental document, “abuse of line 2 discretion” means that the agenc y, in bad f aith or without line 3 substantial evidence in the record that further environmental study line 4 is legally required to identify or analyze potentially significant line 5 impacts on the ph ysical environment, decided to require further line 6 environmental study rather than adopting, approving, or certifying line 7 the environmental review document.
line 8 (ib)  This subclause sets forth the exclusive definition of “abuse line 9 of discretion” for purposes of this subparagraph. line 10 (II)  “High-quality transit corridor” has the same meaning defined line 11 in subdivision (b) of Section 21155 of the Public Resources Code. line 12 (III)  “Major transit stop” has the same meaning as defined in line 13 Section 21064.3 of the Public Resources Code.
line 14 (IV)  “Proximal” to an amenity means either of the following:
line 15 (ia)  Within one-half mile of either of the following amenities:
line 16 (Ia)  A bus station.
line 17 (Ib)  A ferry terminal.
line 18 (ib)  Within one mile, or for a parcel in a rural area, as defined line 19 in Section 50199.21 of the Health and Safety Code, within tw o line 20 miles, of any of the following amenities:
line 21 (Ia)  A supermarket or grocery store.
line 22 (Ib)  A public park.
line 23 (Ic)  A community center.
line 24 (Id)  A pharmacy or drugstore.
line 25 (Ie)  A medical clinic or hospital.
line 26 (If)  A public library.
line 27 (Ig)  A school that maintains a kindergarten or any of grades 1 line 28 to 12, inclusive.
line 29 (V)  “Urbanized area” has the same meaning as defined in line 30 Section 21071 of the Public Resources Code.
line 31 (VI)  (ia)  “Very low vehicle travel area” means an urbanized line 32 area, as designated by the United States Census Bureau, where the line 33 existing residential development generates vehicle miles traveled line 34 per capita that is below 85 percent of either regional vehicle miles line 35 traveled per capita or city vehicle miles traveled per capita. line 36 (ib)  For purposes of sub-subclause (ia), “area” may include a line 37 travel analysis zone, hexagon, or grid.
line 38 (ic)  For the purposes of determining “re gional vehicle miles line 39 traveled per capita” pursuant to sub-subclause (ia), a “re gion” is line 40 the entirety of incorporated and unincorporated areas governed by 97 AB 1886 — 31 —

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Communication: Assembly Bill 1886 Bill Text (ITEM 1 Assembly Bill 1886 – Housing Elemenet Law: Substantial Compliance: Housing line 1 a multicounty or single-county metropolitan planning organization, line 2 or the entirety of the incorporated and unincorporated areas of an line 3 individual county that is not part of a metropolitan planning line 4 organization.
line 5 (viii)  This subparagraph shall become inoperati ve on January line 6 1, 2031.
line 7 (7)  (A)  For purposes of this section, “la wful determination” line 8 means any final decision about whether to approve or disapprove line 9 a statutory or cate gorical e xemption or a ne gative declaration, line 10 addendum, en vironmental impact report, or comparable line 11 environmental re view document under the California line 12 Environmental Quality Act (Division 13 (commencing with Section line 13 21000) of the Public Resources Code) that is not an ab use of line 14 discretion, as defined in clause (ii) of subparagraph (D) of line 15 paragraph (6) or clause (vii) of subparagraph (E) of paragraph (6). line 16 (B)  This paragraph shall become inoperative on January 1, 2031. line 17 (8)  “Lower density” includes any conditions that have the same line 18 effect or impact on the ability of the project to provide housing. line 19 (9)  Until January 1, 2030, “objecti ve” means in volving no line 20 personal or subjecti ve judgment by a public official and being line 21 uniformly v erifiable by reference to an e xternal and uniform line 22 benchmark or criterion a vailable and kno wable by both the line 23 development applicant or proponent and the public official. line 24 (10)  Notwithstanding an y other la w, until January 1, 2030, line 25 “determined to be complete” means that the applicant has submitted line 26 a complete application pursuant to Section 65943. line 27 (i)  If any city, county, or city and county denies appro val or line 28 imposes conditions, including design changes, lo wer density, or line 29 a reduction of the percentage of a lot that may be occupied by a line 30 building or structure under the applicable planning and zoning in line 31 force at the time the housing development project’s application is line 32 complete, that have a substantial adverse effect on the viability or line 33 affordability of a housing de velopment for v ery lo w, lo w-, or line 34 moderate-income households, and the denial of the de velopment line 35 or the imposition of conditions on the development is the subject line 36 of a court action which challenges the denial or the imposition of line 37 conditions, then the burden of proof shall be on the local legislative line 38 body to sho w that its decision is consistent with the findings as line 39 described in subdivision (d), and that the findings are supported 97 — 32 — AB 1886

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Communication: Assembly Bill 1886 Bill Text (ITEM 1 Assembly Bill 1886 – Housing Elemenet Law: Substantial Compliance: Housing line 1 by a preponderance of the e vidence in the record, and with the line 2 requirements of subdivision (o).
line 3 (j)  (1)  When a proposed housing development project complies line 4 with applicable, objecti ve general plan, zoning, and subdi vision line 5 standards and criteria, including design review standards, in effect line 6 at the time that the application was deemed complete, but the local line 7 agency proposes to disapprove the project or to impose a condition line 8 that the project be developed at a lower density, the local agency line 9 shall base its decision regarding the proposed housing development line 10 project upon written findings supported by a preponderance of the line 11 evidence on the record that both of the following conditions exist:
line 12 (A)  The housing de velopment project w ould have a specific, line 13 adverse impact upon the public health or safety unless the project line 14 is disapproved or approved upon the condition that the project be line 15 developed at a lower density. As used in this paragraph, a “specific, line 16 adverse impact” means a significant, quantifiable, direct, and line 17 unavoidable impact, based on objective, identified written public line 18 health or safety standards, policies, or conditions as the y existed line 19 on the date the application was deemed complete. line 20 (B)  There is no feasible method to satisf actorily mitig ate or line 21 avoid the adverse impact identified pursuant to paragraph (1), other line 22 than the disappro val of the housing de velopment project or the line 23 approval of the project upon the condition that it be de veloped at line 24 a lower density.
line 25 (2)  (A)  If the local agenc y considers a proposed housing line 26 development project to be inconsistent, not in compliance, or not line 27 in conformity with an applicable plan, program, policy, ordinance, line 28 standard, requirement, or other similar pro vision as specified in line 29 this subdi vision, it shall pro vide the applicant with written line 30 documentation identifying the pro vision or pro visions, and an line 31 explanation of the reason or reasons it considers the housing line 32 development to be inconsistent, not in compliance, or not in line 33 conformity as follows:
line 34 (i)  Within 30 days of the date that the application for the housing line 35 development project is determined to be complete, if the housing line 36 development project contains 150 or fewer housing units. line 37 (ii)  Within 60 days of the date that the application for the line 38 housing development project is determined to be complete, if the line 39 housing development project contains more than 150 units. 97 AB 1886 — 33 —

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Communication: Assembly Bill 1886 Bill Text (ITEM 1 Assembly Bill 1886 – Housing Elemenet Law: Substantial Compliance: Housing line 1 (B)  If the local agenc y f ails to pro vide the required line 2 documentation pursuant to subparagraph (A), the housing line 3 development project shall be deemed consistent, compliant, and line 4 in conformity with the applicable plan, program, policy, ordinance, line 5 standard, requirement, or other similar provision. line 6 (3)  For purposes of this section, the receipt of a density bonus, line 7 incentive, concession, w aiver, or reduction of de velopment line 8 standards pursuant to Section 65915 shall not constitute a v alid line 9 basis on which to find a proposed housing development project is line 10 inconsistent, not in compliance, or not in conformity , with an line 11 applicable plan, program, policy, ordinance, standard, requirement, line 12 or other similar provision specified in this subdivision. line 13 (4)  For purposes of this section, a proposed housing development line 14 project is not inconsistent with the applicable zoning standards line 15 and criteria, and shall not require a rezoning, if the housing line 16 development project is consistent with the objective general plan line 17 standards and criteria b ut the zoning for the project site is line 18 inconsistent with the general plan. If the local agency has complied line 19 with paragraph (2), the local agenc y may require the proposed line 20 housing de velopment project to comply with the objecti ve line 21 standards and criteria of the zoning which is consistent with the line 22 general plan, however, the standards and criteria shall be applied line 23 to facilitate and accommodate development at the density allowed line 24 on the site by the general plan and proposed by the proposed line 25 housing development project.
line 26 (k)  (1)  (A)  (i)  The applicant, a person who would be eligible line 27 to apply for residenc y in the housing de velopment project or line 28 emergency shelter, or a housing organization may bring an action line 29 to enforce this section. If, in an y action brought to enforce this line 30 section, a court finds that any of the following are met, the court line 31 shall issue an order pursuant to clause (ii):
line 32 (I)  The local agency, in violation of subdivision (d), disapproved line 33 a housing de velopment project or conditioned its appro val in a line 34 manner rendering it infeasible for the development of an emergency line 35 shelter, or housing for v ery lo w, lo w-, or moderate-income line 36 households, including f armworker housing, without making the line 37 findings required by this section or without making findings line 38 supported by a preponderance of the evidence.
line 39 (II)  The local agency, in violation of subdivision (j), disapproved line 40 a housing de velopment project complying with applicable, 97 — 34 — AB 1886

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Communication: Assembly Bill 1886 Bill Text (ITEM 1 Assembly Bill 1886 – Housing Elemenet Law: Substantial Compliance: Housing line 1 objective general plan and zoning standards and criteria, or imposed line 2 a condition that the project be developed at a lower density, without line 3 making the findings required by this section or without making line 4 findings supported by a preponderance of the evidence. line 5 (III)  (ia)  Subject to sub-subclause (ib), the local agenc y, in line 6 violation of subdi vision (o), required or attempted to require a line 7 housing development project to comply with an ordinance, policy, line 8 or standard not adopted and in ef fect when a preliminary line 9 application was submitted.
line 10 (ib)  This subclause shall become inoperative on January 1, 2030. line 11 (ii)  If the court finds that one of the conditions in clause (i) is line 12 met, the court shall issue an order or judgment compelling line 13 compliance with this section within 60 days, including, b ut not line 14 limited to, an order that the local agency take action on the housing line 15 development project or emer gency shelter. The court may issue line 16 an order or judgment directing the local agenc y to appro ve the line 17 housing development project or emer gency shelter if the court line 18 finds that the local agency acted in bad faith when it disapproved line 19 or conditionally approved the housing development or emergency line 20 shelter in violation of this section. The court shall retain jurisdiction line 21 to ensure that its order or judgment is carried out and shall award line 22 reasonable attorne y’s fees and costs of suit to the plaintif f or line 23 petitioner, pro vided, ho wever, that the court shall not a ward line 24 attorney’s fees in either of the following instances:
line 25 (I)  The court finds, under e xtraordinary circumstances, that line 26 awarding fees would not further the purposes of this section. line 27 (II)  (ia)  In a case concerning a disapproval within the meaning line 28 of subparagraph (D) or (E) of paragraph (6) of subdivision (h), the line 29 court finds that the local agenc y acted in good f aith and had line 30 reasonable cause to disapprove the housing development project line 31 due to the e xistence of a controlling question of la w about the line 32 application of the California Environmental Quality Act (Division line 33 13 (commencing with Section 21000) of the Public Resources line 34 Code) or implementing guidelines as to which there w as a line 35 substantial ground for dif ference of opinion at the time of the line 36 disapproval.
line 37 (ib)  This subclause shall become inoperative on January 1, 2031. line 38 (B)  Upon a determination that the local agenc y has f ailed to line 39 comply with the order or judgment compelling compliance with line 40 this section within 60 days issued pursuant to subparagraph (A), 97 AB 1886 — 35 —

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Communication: Assembly Bill 1886 Bill Text (ITEM 1 Assembly Bill 1886 – Housing Elemenet Law: Substantial Compliance: Housing line 1 the court shall impose fines on a local agency that has violated this line 2 section and require the local agenc y to deposit an y fine le vied line 3 pursuant to this subdi vision into a local housing trust fund. The line 4 local agency may elect to instead deposit the fine into the Building line 5 Homes and Jobs Trust Fund. The fine shall be in a minimum line 6 amount of ten thousand dollars ($10,000) per housing unit in the line 7 housing de velopment project on the date the application w as line 8 deemed complete pursuant to Section 65943. In determining the line 9 amount of fine to impose, the court shall consider the local line 10 agency’s progress in attaining its target allocation of the regional line 11 housing need pursuant to Section 65584 and an y prior violations line 12 of this section. Fines shall not be paid out of funds already line 13 dedicated to affordable housing, including, but not limited to, Low line 14 and Moderate Income Housing Asset Funds, funds dedicated to line 15 housing for very low, low-, and moderate-income households, and line 16 federal HOME Investment Partnerships Program and Community line 17 Development Block Grant Program funds. The local agency shall line 18 commit and e xpend the mone y in the local housing trust fund line 19 within fiv e years for the sole purpose of financing ne wly line 20 constructed housing units affordable to extremely low, very low, line 21 or low-income households. After five years, if the funds have not line 22 been expended, the money shall revert to the state and be deposited line 23 in the Building Homes and Jobs Trust Fund for the sole purpose line 24 of financing ne wly constructed housing units af fordable to line 25 extremely low, very low, or low-income households. line 26 (C)  If the court determines that its order or judgment has not line 27 been carried out within 60 days, the court may issue further orders line 28 as provided by law to ensure that the purposes and policies of this line 29 section are fulfilled, including, but not limited to, an order to vacate line 30 the decision of the local agenc y and to appro ve the housing line 31 development project, in which case the application for the housing line 32 development project, as proposed by the applicant at the time the line 33 local agency took the initial action determined to be in violation line 34 of this section, along with any standard conditions determined by line 35 the court to be generally imposed by the local agenc y on similar line 36 projects, shall be deemed to be appro ved unless the applicant line 37 consents to a different decision or action by the local agency. line 38 (2)  For purposes of this subdi vision, “housing or ganization” line 39 means a trade or industry group whose local members are primarily line 40 engaged in the construction or management of housing units or a 97 — 36 — AB 1886

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Communication: Assembly Bill 1886 Bill Text (ITEM 1 Assembly Bill 1886 – Housing Elemenet Law: Substantial Compliance: Housing line 1 nonprofit or ganization whose mission includes pro viding or line 2 advocating for increased access to housing for lo w-income line 3 households and have filed written or oral comments with the local line 4 agency prior to action on the housing de velopment project. A line 5 housing or ganization may only file an action pursuant to this line 6 section to challenge the disapproval of a housing development by line 7 a local agenc y. A housing or ganization shall be entitled to line 8 reasonable attorney’s fees and costs if it is the prevailing party in line 9 an action to enforce this section.
line 10 (l)  If the court finds that the local agency (1) acted in bad faith line 11 when it disappro ved or conditionally appro ved the housing line 12 development or emergency shelter in violation of this section and line 13 (2) failed to carry out the court’s order or judgment within 60 days line 14 as described in subdivision (k), the court, in addition to any other line 15 remedies pro vided by this section, shall multiply the fine line 16 determined pursuant to subparagraph (B) of paragraph (1) of line 17 subdivision (k) by a f actor of fiv e. For purposes of this section, line 18 “bad faith” includes, but is not limited to, an action that is frivolous line 19 or otherwise entirely without merit.
line 20 (m)  (1)  Any action brought to enforce the pro visions of this line 21 section shall be brought pursuant to Section 1094.5 of the Code line 22 of Civil Procedure, and the local agency shall prepare and certify line 23 the record of proceedings in accordance with subdi vision (c) of line 24 Section 1094.6 of the Code of Ci vil Procedure no later than 30 line 25 days after the petition is serv ed, pro vided that the cost of line 26 preparation of the record shall be borne by the local agency, unless line 27 the petitioner elects to prepare the record as provided in subdivision line 28 (n) of this section. A petition to enforce the pro visions of this line 29 section shall be filed and serv ed no later than 90 days from the line 30 later of (1) the ef fective date of a decision of the local agenc y line 31 imposing conditions on, disapproving, or any other final action on line 32 a housing de velopment project or (2) the e xpiration of the time line 33 periods specified in subparagraph (B) of paragraph (5) of line 34 subdivision (h). Upon entry of the trial court’s order, a party may, line 35 in order to obtain appellate re view of the order , file a petition line 36 within 20 days after service upon it of a written notice of the entry line 37 of the order, or within such further time not exceeding an additional line 38 20 days as the trial court may for good cause allow, or may appeal line 39 the judgment or order of the trial court under Section 904.1 of the line 40 Code of Civil Procedure. If the local agency appeals the judgment 97 AB 1886 — 37 —

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Communication: Assembly Bill 1886 Bill Text (ITEM 1 Assembly Bill 1886 – Housing Elemenet Law: Substantial Compliance: Housing line 1 of the trial court, the local agency shall post a bond, in an amount line 2 to be determined by the court, to the benefit of the plaintiff if the line 3 plaintiff is the project applicant.
line 4 (2)  (A)  A disapproval within the meaning of subparagraph (D) line 5 of paragraph (6) of subdi vision (h) shall be final for purposes of line 6 this subdi vision, if the local agenc y did not mak e a la wful line 7 determination within the time period set forth in subclause (V) of line 8 clause (i) of that subparagraph after the applicant’s timely written line 9 notice.
line 10 (B)  This paragraph shall become inoperative on January 1, 2031. line 11 (3)  (A)  A disapproval within the meaning of subparagraph (E) line 12 of paragraph (6) of subdi vision (h) shall be final for purposes of line 13 this subdi vision, if the local agenc y did not mak e a la wful line 14 determination within 90 days of the applicant’ s timely written line 15 notice.
line 16 (B)  This paragraph shall become inoperative on January 1, 2031. line 17 (n)  In any action, the record of the proceedings before the local line 18 agency shall be filed as e xpeditiously as possible and, line 19 notwithstanding Section 1094.6 of the Code of Civil Procedure or line 20 subdivision (m) of this section, all or part of the record may be line 21 prepared (1) by the petitioner with the petition or petitioner’s points line 22 and authorities, (2) by the respondent with respondent’s points and line 23 authorities, (3) after payment of costs by the petitioner , or (4) as line 24 otherwise directed by the court. If the e xpense of preparing the line 25 record has been borne by the petitioner and the petitioner is the line 26 prevailing party, the expense shall be taxable as costs. line 27 (o)  (1)  (A)  Subject to paragraphs (2), (6), and (7), and line 28 subdivision (d) of Section 65941.1, a housing development project line 29 shall be subject only to the ordinances, policies, and standards line 30 adopted and in effect when a preliminary application including all line 31 of the information required by subdivision (a) of Section 65941.1 line 32 was submitted.
line 33 (B)  For purposes of a local agenc y’s appro val, conditional line 34 approval, or disapproval of a housing development project pursuant line 35 to subdi vision (d), a housing element or amendment shall be line 36 considered in substantial compliance with this article only if the line 37 element or amendment w as in substantial compliance, as line 38 determined by the department or a court of competent jurisdiction, line 39 when a preliminary application, including all of the information line 40 required by subdivision (a) of Section 65941.1, was submitted or, 97 — 38 — AB 1886

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Communication: Assembly Bill 1886 Bill Text (ITEM 1 Assembly Bill 1886 – Housing Elemenet Law: Substantial Compliance: Housing line 1 if a preliminary application was not submitted, when a complete line 2 application pursuant to Section 65943 w as submitted. This line 3 subparagraph does not constitute a change in, b ut is declaratory line 4 of, existing law.
line 5 (2)  Paragraph (1) shall not prohibit a housing de velopment line 6 project from being subject to ordinances, policies, and standards line 7 adopted after the preliminary application was submitted pursuant line 8 to Section 65941.1 in the following circumstances:
line 9 (A)  In the case of a fee, charge, or other monetary exaction, to line 10 an increase resulting from an automatic annual adjustment based line 11 on an independently published cost index that is referenced in the line 12 ordinance or resolution establishing the fee or other monetary line 13 exaction.
line 14 (B)  A preponderance of the evidence in the record establishes line 15 that subjecting the housing development project to an ordinance, line 16 policy, or standard be yond those in ef fect when a preliminary line 17 application w as submitted is necessary to mitig ate or a void a line 18 specific, adverse impact upon the public health or safety, as defined line 19 in subparagraph (A) of paragraph (1) of subdivision (j), and there line 20 is no feasible alternative method to satisfactorily mitigate or avoid line 21 the adverse impact.
line 22 (C)  Subjecting the housing development project to an ordinance, line 23 policy, standard, or any other measure, beyond those in effect when line 24 a preliminary application was submitted is necessary to a void or line 25 substantially lessen an impact of the project under the California line 26 Environmental Quality Act (Division 13 (commencing with Section line 27 21000) of the Public Resources Code).
line 28 (D)  The housing de velopment project has not commenced line 29 construction within two and one-half years, or three and one-half line 30 years for an affordable housing project, following the date that the line 31 project received final approval. For purposes of this subparagraph:
line 32 (i)  “Affordable housing project” means a housing development line 33 that satisfies both of the following requirements:
line 34 (I)  Units within the de velopment are subject to a recorded line 35 affordability restriction for at least 55 years for rental housing and line 36 45 years for owner-occupied housing, or the first purchaser of each line 37 unit participates in an equity sharing agreement as described in line 38 subparagraph (C) of paragraph (2) of subdi vision (c) of Section line 39 65915.
97 AB 1886 — 39 —

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Communication: Assembly Bill 1886 Bill Text (ITEM 1 Assembly Bill 1886 – Housing Elemenet Law: Substantial Compliance: Housing line 1 (II)  All of the units within the development, excluding managers’ line 2 units, are dedicated to lo wer income households, as defined by line 3 Section 50079.5 of the Health and Safety Code.
line 4 (ii)  “Final approval” means that the housing development project line 5 has received all necessary appro vals to be eligible to apply for , line 6 and obtain, a building permit or permits and either of the following line 7 is met:
line 8 (I)  The e xpiration of all applicable appeal periods, petition line 9 periods, reconsideration periods, or statute of limitations for line 10 challenging that final approval without an appeal, petition, request line 11 for reconsideration, or legal challenge having been filed. line 12 (II)  If a challenge is filed, that challenge is fully resolv ed or line 13 settled in favor of the housing development project. line 14 (E)  The housing de velopment project is re vised follo wing line 15 submittal of a preliminary application pursuant to Section 65941.1 line 16 such that the number of residential units or square footage of line 17 construction changes by 20 percent or more, e xclusive of an y line 18 increase resulting from the receipt of a density bonus, incenti ve, line 19 concession, waiver, or similar provision, including any other locally line 20 authorized program that of fers additional density or other line 21 development bonuses when af fordable housing is pro vided. For line 22 purposes of this subdi vision, “square footage of construction” line 23 means the b uilding area, as defined by the California Building line 24 Standards Code (Title 24 of the California Code of Regulations). line 25 (3)  This subdi vision does not pre vent a local agenc y from line 26 subjecting the additional units or square footage of construction line 27 that result from project re visions occurring after a preliminary line 28 application is submitted pursuant to Section 65941.1 to the line 29 ordinances, policies, and standards adopted and in effect when the line 30 preliminary application was submitted.
line 31 (4)  For purposes of this subdivision, “ordinances, policies, and line 32 standards” includes general plan, community plan, specific plan, line 33 zoning, design review standards and criteria, subdivision standards line 34 and criteria, and an y other rules, re gulations, requirements, and line 35 policies of a local agency, as defined in Section 66000, including line 36 those relating to development impact fees, capacity or connection line 37 fees or charges, permit or processing fees, and other exactions. line 38 (5)  This subdivision shall not be construed in a manner that line 39 would lessen the restrictions imposed on a local agency, or lessen line 40 the protections afforded to a housing development project, that are 97 — 40 — AB 1886

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Communication: Assembly Bill 1886 Bill Text (ITEM 1 Assembly Bill 1886 – Housing Elemenet Law: Substantial Compliance: Housing line 1 established by an y other la w, including an y other part of this line 2 section.
line 3 (6)  This subdivision shall not restrict the authority of a public line 4 agency or local agenc y to require mitig ation measures to lessen line 5 the impacts of a housing development project under the California line 6 Environmental Quality Act (Division 13 (commencing with Section line 7 21000) of the Public Resources Code).
line 8 (7)  With respect to completed residential units for which the line 9 project approval process is complete and a certificate of occupancy line 10 has been issued, nothing in this subdi vision shall limit the line 11 application of later enacted ordinances, policies, and standards line 12 that regulate the use and occupancy of those residential units, such line 13 as ordinances relating to rental housing inspection, rent line 14 stabilization, restrictions on short-term renting, and b usiness line 15 licensing requirements for owners of rental housing. line 16 (8)  (A)  This subdivision shall apply to a housing development line 17 project that submits a preliminary application pursuant to Section line 18 65941.1 before January 1, 2030.
line 19 (B)  This subdivision shall become inoperati ve on January 1, line 20 2034.
line 21 (p)  (1)  Upon an y motion for an a ward of attorne y’s fees line 22 pursuant to Section 1021.5 of the Code of Ci vil Procedure, in a line 23 case challenging a local agenc y’s appro val of a housing line 24 development project, a court, in weighing whether a significant line 25 benefit has been conferred on the general public or a lar ge class line 26 of persons and whether the necessity of private enforcement makes line 27 the award appropriate, shall give due weight to the degree to which line 28 the local agenc y’s appro val furthers policies of this section, line 29 including, but not limited to, subdi visions (a), (b), and (c), the line 30 suitability of the site for a housing de velopment, and the line 31 reasonableness of the decision of the local agency. It is the intent line 32 of the Legislature that attorney’s fees and costs shall rarely, if ever, line 33 be awarded if a local agenc y, acting in good f aith, approved a line 34 housing development project that satisfies conditions established line 35 in subclauses (I), (II), and (III) of clause (i) of subparagraph (D) line 36 of paragraph (6) of subdivision (h) or clauses (i), (ii), and (iii) of line 37 subparagraph (E) of paragraph (6) of subdivision (h). line 38 (2)  This subdi vision shall become inoperati ve on January 1, line 39 2031.
97 AB 1886 — 41 —

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Communication: Assembly Bill 1886 Bill Text (ITEM 1 Assembly Bill 1886 – Housing Elemenet Law: Substantial Compliance: Housing line 1 (q)  This section shall be kno wn, and may be cited, as the line 2 Housing Accountability Act.
line 3 (r)  The provisions of this section are severable. If any provision line 4 of this section or its application is held invalid, that invalidity shall line 5 not affect other provisions or applications that can be given effect line 6 without the invalid provision or application.
line 7 SEC. 3. No reimbursement is required by this act pursuant to line 8 Section 6 of Article XIIIB of the California Constitution because line 9 a local agency or school district has the authority to le vy service line 10 charges, fees, or assessments sufficient to pay for the program or line 11 level of service mandated by this act, within the meaning of Section line 12 17556 of the Government Code.
line 13
line 14
REVISIONS: line 15
Heading—Line 2. line 16
line 17
O
97 — 42 — AB 1886

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Communication: Assembly Bill 1886 Bill Text (ITEM 1 Assembly Bill 1886 – Housing Elemenet Law: Substantial Compliance: Housing

Legislative Committee – May 15, 2024

Assembly Bill 1990 – Criminal Procedure: Arrests: Shoplifting

Recommendation

Legislative Committee recommend support of Assembly Bill 1990.

Summary

Introduced by Assembly Member Wendy Carrillo (D-52-East Los Angeles), Assembly Bill 1990 authorizes sworn law enforcement officers to make a warrantless arrest for shoplifting, even if the crime is not committed in their presence, provided there is probable cause.

Background

Current state law allows for a sworn law enforcement official to arrest a person for committing specified crimes not committed in the officer’s presence, including domestic violence, violations of a domestic violence protective or restraining order, or for carrying a concealed firearm within an airport. This legislation adds shoplifting to the list of arrestable crimes without requiring the presence of an officer.

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 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 Santa Clarita City Council supported a similar bill, Assembly Bill 2943 (Zbur), at the March 26, 2024, Regular City Council Meeting.

The recommendation to support Assembly Bill 1990 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 Packet Pg. 48
Communication: Assembly Bill 1990 – Criminal Procedure: Arrests: Shoplifting (ITEM 2 Assembly Bill 1990 – Criminal Procedure: Arrests:
109, Proposition 47, and Proposition 57 on local governments and provide local law enforcement with the appropriate tools to reduce criminal activity.”

Supporters

California Association of Highway Patrolmen
California Business Properties Association
California District Attorneys Association
California Police Chiefs Association
California State Sheriffs' Association
Chief Probation Officers' of California (CPOC)
League of California Cities

Opponents

A New Way of Life Re-entry Project
California Immigrant Policy Center
California Public Defenders Association
Center for Empowering Refugees and Immigrants
Ella Baker Center for Human Rights
LA Voice
Young Women's Freedom Center

Bill Status

Assembly Bill 1990 passed the Assembly Committee on Public Safety (7-0-1) on April 9, 2024, and is pending an Assembly Floor vote.

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Communication: Assembly Bill 1990 – Criminal Procedure: Arrests: Shoplifting (ITEM 2 Assembly Bill 1990 – Criminal Procedure: Arrests:

AMENDED IN ASSEMBLY APRIL 16, 2024
AMENDED IN ASSEMBLY MARCH 18, 2024
california legislature—2023–24 regular session
ASSEMBLY BILL No. 1990
Introduced by Assembly Member Wendy Carrillo
(Principal coauthors: Assembly Members Gipson and Villapudua) (Coauthor: Assembly Member Alanis)
(Coauthors: Assembly Members Alanis, Lackey, Stephanie Nguyen, Petrie-Norris, and Rodriguez)
January 30, 2024
An act to amend Sections 836 and 853.6 of the Penal Code, relating to criminal procedure.
legislative counsel’s digest
AB 1990, as amended, Wendy Carrillo. Criminal procedure: arrests:
shoplifting.
(1)  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

97 Packet Pg. 50
Communication: Assembly Bill 1990 Bill Text (ITEM 2 Assembly Bill 1990 – Criminal Procedure: Arrests: Shoplifting) 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. shoplifting, as specified.
(2)  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, existing law exempts from this pro vision persons arrest for specified crimes including domestic violence, stalking, threatening a witness, and, until January 1, 2026, organized retail theft.

This bill would additionally exempt a person arrested for shoplifting from the requirement that they be released on citation.

Vote: majority. Appropriation: no. Fiscal committee: no.​ State-mandated local program: no.​
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 836 of the Penal Code is amended to line 2 read:
line 3 836. (a)  A peace officer may arrest a person in obedience to line 4 a warrant, or, pursuant to the authority granted by Chapter 4.5 line 5 (commencing with Section 830), without a w arrant, may arrest a line 6 person whenever any of the following circumstances occur:
line 7 (1)  The officer has probable cause to believe that the person to line 8 be arrested has committed a public offense in the officer’s presence. line 9 (2)  The person arrested has committed a felon y, although not line 10 in the officer’s presence.
97 — 2 — AB 1990

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Communication: Assembly Bill 1990 Bill Text (ITEM 2 Assembly Bill 1990 – Criminal Procedure: Arrests: Shoplifting) line 1 (3)  The officer has probable cause to believe that the person to line 2 be arrested has committed a felon y, whether or not a felon y, in line 3 fact, has been committed.
line 4 (b)  Any time a peace officer is called out on a domestic violence line 5 call, it shall be mandatory that the officer make a good faith effort line 6 to inform the victim of their right to make a citizen’s arrest, unless line 7 the peace officer makes an arrest for a violation of paragraph (1) line 8 of subdivision (e) of Section 243 or 273.5. This information shall line 9 include advising the victim how to safely execute the arrest. line 10 (c)  (1)  When a peace officer is responding to a call alle ging a line 11 violation of a domestic violence protecti ve or restraining order line 12 issued under Section 527.6 of the Code of Ci vil Procedure, the line 13 Family Code, Section 136.2, 646.91, or paragraph (2) of line 14 subdivision (a) of Section 1203.097 of this code, Section 213.5 or line 15 15657.03 of the Welfare and Institutions Code, or of a domestic line 16 violence protecti ve or restraining order issued by the court of line 17 another state, tribe, or territory and the peace officer has probable line 18 cause to believe that the person against whom the order is issued line 19 has notice of the order and has committed an act in violation of line 20 the order , the officer shall, consistent with subdi vision (b) of line 21 Section 13701, make a lawful arrest of the person without a warrant line 22 and tak e that person into custody whether or not the violation line 23 occurred in the presence of the arresting officer. The officer shall, line 24 as soon as possible after the arrest, confirm with the appropriate line 25 authorities or the Domestic Violence Protection Order Re gistry line 26 maintained pursuant to Section 6380 of the F amily Code that a line 27 true copy of the protecti ve order has been re gistered, unless the line 28 victim provides the officer with a copy of the protective order. line 29 (2)  The person against whom a protective order has been issued line 30 shall be deemed to have notice of the order if the victim presents line 31 to the officer proof of service of the order , the officer confirms line 32 with the appropriate authorities that a true cop y of the proof of line 33 service is on file, or the person against whom the protective order line 34 was issued w as present at the protecti ve order hearing or w as line 35 informed by a peace officer of the contents of the protective order. line 36 (3)  In situations where mutual protective orders have been issued line 37 under Division 10 (commencing with Section 6200) of the Family line 38 Code, liability for arrest under this subdi vision applies only to line 39 those persons who are reasonably belie ved to ha ve been the line 40 dominant aggressor. In those situations, prior to making an arrest 97 AB 1990 — 3 —

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Communication: Assembly Bill 1990 Bill Text (ITEM 2 Assembly Bill 1990 – Criminal Procedure: Arrests: Shoplifting) line 1 under this subdi vision, the peace officer shall mak e reasonable line 2 efforts to identify, and may arrest, the dominant aggressor involved line 3 in the incident. The dominant aggressor is the person determined line 4 to be the most significant, rather than the first, aggressor . In line 5 identifying the dominant aggressor, an officer shall consider (A) line 6 the intent of the law to protect victims of domestic violence from line 7 continuing abuse, (B) the threats creating fear of ph ysical injury, line 8 (C) the history of domestic violence between the persons involved, line 9 and (D) whether either person involved acted in self-defense. line 10 (d)  Notwithstanding paragraph (1) of subdivision (a), if a suspect line 11 commits an assault or battery upon a current or former spouse, line 12 fiancé, fiancée, a current or former cohabitant as defined in Section line 13 6209 of the Family Code, a person with whom the suspect currently line 14 is ha ving or has pre viously had an eng agement or dating line 15 relationship, as defined in paragraph (10) of subdi vision (f) of line 16 Section 243, a person with whom the suspect has parented a child, line 17 or is presumed to ha ve parented a child pursuant to the Uniform line 18 Parentage Act (Part 3 (commencing with Section 7600) of Division line 19 12 of the F amily Code), a child of the suspect, a child whose line 20 parentage by the suspect is the subject of an action under the line 21 Uniform Parentage Act, a child of a person in one of the abo ve line 22 categories, any other person related to the suspect by consanguinity line 23 or affinity within the second degree, or any person who is 65 years line 24 of age or older and who is related to the suspect by blood or legal line 25 guardianship, a peace officer may arrest the suspect without a line 26 warrant where both of the following circumstances apply:
line 27 (1)  The peace officer has probable cause to belie ve that the line 28 person to be arrested has committed the assault or battery, whether line 29 or not it has in fact been committed.
line 30 (2)  The peace officer makes the arrest as soon as probable cause line 31 arises to believe that the person to be arrested has committed the line 32 assault or battery, whether or not it has in fact been committed. line 33 (e)  In addition to the authority to mak e an arrest without a line 34 warrant pursuant to paragraphs (1) and (3) of subdi vision (a), a line 35 peace officer may, without a warrant, arrest a person for a violation line 36 of Section 25400 when all of the following apply:
line 37 (1)  The officer has reasonable cause to believe that the person line 38 to be arrested has committed the violation of Section 25400. line 39 (2)  The violation of Section 25400 occurred within an airport, line 40 as defined in Section 21013 of the Public Utilities Code, in an area 97 — 4 — AB 1990

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Communication: Assembly Bill 1990 Bill Text (ITEM 2 Assembly Bill 1990 – Criminal Procedure: Arrests: Shoplifting) line 1 to which access is controlled by the inspection of persons and line 2 property.
line 3 (3)  The peace officer mak es the arrest as soon as reasonable line 4 cause arises to believe that the person to be arrested has committed line 5 the violation of Section 25400.
line 6 (f)  (1)  In addition to the authority to make an arrest without a line 7 warrant pursuant to subdivision (a), a peace officer may, without line 8 a w arrant, arrest a person for a violation of Section 459.5 not line 9 committed in the officer’s presence if the officer has reasonable line 10 probable cause to belie ve that the person to be arrested has line 11 committed a violation of Section 459.5.
line 12 (2)  The probable cause to make an arrest shall be based on a line 13 sworn statement obtained by the officer fr om a per son who line 14 witnessed the per son to be arr ested committing the alle ged line 15 violation.
line 16 SEC. 2. Section 853.6 of the Penal Code , as amended by line 17 Section 1 of Chapter 856 of the Statutes of 2022, is amended to line 18 read:
line 19 853.6. (a)  (1)  When a person is arrested for an offense declared line 20 to be a misdemeanor , including a violation of a city or county line 21 ordinance, and does not demand to be tak en before a magistrate, line 22 that person shall, instead of being tak en before a magistrate, be line 23 released according to the procedures set forth by this chapter , line 24 although nothing prevents an officer from first booking an arrestee line 25 pursuant to subdivision (g). If the person is released, the officer line 26 or the officer’s superior shall prepare in duplicate a written notice line 27 to appear in court, containing the name and address of the person, line 28 the of fense char ged, and the time when, and place where, the line 29 person shall appear in court. If, pursuant to subdi vision (i), the line 30 person is not released prior to being book ed and the officer in line 31 charge of the booking or the officer’s superior determines that the line 32 person should be released, the officer or the officer’s superior shall line 33 prepare a written notice to appear in a court.
line 34 (2)  When a person is arrested for a misdemeanor violation of a line 35 protective court order involving domestic violence, as defined in line 36 Section 13700, or arrested pursuant to a polic y, as described in line 37 Section 13701, the person shall be taken before a magistrate instead line 38 of being released according to the procedures set forth in this line 39 chapter, unless the arresting officer determines that there is not a line 40 reasonable likelihood that the offense will continue or resume or 97 AB 1990 — 5 —

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Communication: Assembly Bill 1990 Bill Text (ITEM 2 Assembly Bill 1990 – Criminal Procedure: Arrests: Shoplifting) line 1 that the safety of persons or property w ould be imminently line 2 endangered by release of the person arrested. Prior to adopting line 3 these provisions, each city, county, or city and county shall develop line 4 a protocol to assist officers to determine when arrest and release line 5 is appropriate, rather than taking the arrested person before a line 6 magistrate. The county shall establish a committee to develop the line 7 protocol, consisting of, at a minimum, the police chief or county line 8 sheriff within the jurisdiction, the district attorney, county counsel, line 9 city attorne y, representati ves from domestic violence shelters, line 10 domestic violence councils, and other rele vant community line 11 agencies.
line 12 (3)  This subdivision does not apply to the crimes specified in line 13 Section 1270.1, including crimes defined in each of the following:
line 14 (A)  Paragraph (1) of subdivision (e) of Section 243. line 15 (B)  Section 273.5.
line 16 (C)  Section 273.6, if the detained person made threats to kill or line 17 harm, has engaged in violence against, or has gone to the residence line 18 or workplace of, the protected party.
line 19 (D)  Section 646.9.
line 20 (4)  This subdivision shall not affect a defendant’s ability to be line 21 released on bail or on their own recognizance, except as specified line 22 in Section 1270.1.
line 23 (b)  Unless waived by the person, the time specified in the notice line 24 to appear shall be at least 10 days after arrest if the duplicate notice line 25 is to be filed by the officer with the magistrate. line 26 (c)  The place specified in the notice shall be the court of the line 27 magistrate before whom the person w ould be tak en if the line 28 requirement of taking an arrested person before a magistrate were line 29 complied with, or shall be an officer authorized by that court to line 30 receive a deposit of bail.
line 31 (d)  The officer shall deliver one copy of the notice to appear to line 32 the arrested person, and the arrested person, in order to secure line 33 release, shall gi ve their written promise to appear in court as line 34 specified in the notice by signing the duplicate notice, which shall line 35 be retained by the officer, and the officer may require the arrested line 36 person, if the arrested person has no satisfactory identification, to line 37 place a right thumbprint, or a left thumbprint or fingerprint if the line 38 person has a missing or disfigured right thumb, on the notice to line 39 appear. Except for law enforcement purposes relating to the identity line 40 of the arrestee, a person or entity shall not sell, gi ve away, allow 97 — 6 — AB 1990

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Communication: Assembly Bill 1990 Bill Text (ITEM 2 Assembly Bill 1990 – Criminal Procedure: Arrests: Shoplifting) line 1 the distribution of, include in a database, or create a database with, line 2 this print. Upon the signing of the duplicate notice, the arresting line 3 officer shall immediately release the person arrested from custody. line 4 (e)  The officer shall, as soon as practicable, file the duplicate line 5 notice, as follows:
line 6 (1)  It shall be filed with the magistrate if the offense charged is line 7 an infraction.
line 8 (2)  It shall be filed with the magistrate if the prosecuting attorney line 9 has previously directed the officer to do so.
line 10 (3)  (A)  The duplicate notice and underlying police reports in line 11 support of the charge or charges shall be filed with the prosecuting line 12 attorney in cases other than those specified in paragraphs (1) and line 13 (2).
line 14 (B)  If the duplicate notice is filed with the prosecuting attorney, line 15 the prosecuting attorne y, within their discretion, may initiate line 16 prosecution by filing the notice or a formal complaint with the line 17 magistrate specified in the duplicate notice within 25 days from line 18 the time of arrest. If the prosecution is not to be initiated, the line 19 prosecutor shall send notice to the person arrested at the address line 20 on the notice to appear . The failure by the prosecutor to file the line 21 notice or formal complaint within 25 days of the time of the arrest line 22 shall not bar further prosecution of the misdemeanor char ged in line 23 the notice to appear . However, any further prosecution shall be line 24 preceded by a new and separate citation or an arrest warrant. line 25 (C)  Upon the filing of the notice with the magistrate by the line 26 officer, or the filing of the notice or formal complaint by the line 27 prosecutor, the magistrate may fix the amount of bail that in the line 28 magistrate’s judgment, in accordance with Section 1275, is line 29 reasonable and sufficient for the appearance of the defendant and line 30 shall endorse upon the notice a statement signed by the magistrate line 31 in the form set forth in Section 815a. The defendant may, prior to line 32 the date upon which the defendant promised to appear in court, line 33 deposit with the magistrate the amount of bail set by the magistrate. line 34 At the time the case is called for arraignment before the magistrate, line 35 if the defendant does not appear , either in person or by counsel, line 36 the magistrate may declare the bail forfeited, and may , in the line 37 magistrate’s discretion, order that further proceedings shall not be line 38 had in the case, unless the defendant has been char ged with a line 39 violation of Section 374.3 or 374.7 of this code or of Section line 40 11357, 11360, or 13002 of the Health and Safety Code, or a 97 AB 1990 — 7 —

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Communication: Assembly Bill 1990 Bill Text (ITEM 2 Assembly Bill 1990 – Criminal Procedure: Arrests: Shoplifting) line 1 violation punishable under Section 5008.7 of the Public Resources line 2 Code, and the defendant has pre viously been con victed of a line 3 violation of that section or a violation that is punishable under that line 4 section, except when the magistrate finds that undue hardship will line 5 be imposed upon the defendant by requiring the defendant to line 6 appear, the magistrate may declare the bail forfeited and order that line 7 further proceedings not be had in the case.
line 8 (D)  Upon the making of the order that further proceedings not line 9 be had, all sums deposited as bail shall immediately be paid into line 10 the county treasury for distribution pursuant to Section 1463. line 11 (f)  A warrant shall not be issued for the arrest of a person who line 12 has given a written promise to appear in court, unless and until the line 13 person has violated that promise or has f ailed to deposit bail, to line 14 appear for arraignment, trial, or judgment, or to comply with the line 15 terms and provisions of the judgment, as required by law. line 16 (g)  The officer may book the arrested person at the scene or at line 17 the arresting agency prior to release or indicate on the citation that line 18 the arrested person shall appear at the arresting agency to be booked line 19 or indicate on the citation that the arrested person shall appear at line 20 the arresting agency to be fingerprinted prior to the date the arrested line 21 person appears in court. If it is indicated on the citation that the line 22 arrested person shall be booked or fingerprinted prior to the date line 23 of the person’s court appearance, the arresting agency, at the time line 24 of booking or fingerprinting, shall provide the arrested person with line 25 verification of the booking or fingerprinting by making an entry line 26 on the citation. If it is indicated on the citation that the arrested line 27 person is to be booked or fingerprinted, the magistrate, judge, or line 28 court shall, before the proceedings be gin, order the defendant to line 29 provide verification that the defendant was booked or fingerprinted line 30 by the arresting agenc y. If the defendant cannot produce the line 31 verification, the magistrate, judge, or court shall require that the line 32 defendant be booked or fingerprinted by the arresting agency before line 33 the ne xt court appearance, and that the defendant pro vide the line 34 verification at the ne xt court appearance unless both parties line 35 stipulate that booking or fingerprinting is not necessary. line 36 (h)  A peace officer shall use the written notice to appear line 37 procedure set forth in this section for any misdemeanor offense in line 38 which the officer has arrested a person without a warrant pursuant line 39 to Section 836 or in which the officer has taken custody of a person line 40 pursuant to Section 847.
97 — 8 — AB 1990

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Communication: Assembly Bill 1990 Bill Text (ITEM 2 Assembly Bill 1990 – Criminal Procedure: Arrests: Shoplifting) line 1 (i)  When a person is arrested by a peace officer for a line 2 misdemeanor, that person shall be released according to the line 3 procedures set forth in this chapter unless one of the following is line 4 a reason for nonrelease, in which case the arresting officer may line 5 release the person, e xcept as pro vided in subdi vision (a), or the line 6 arresting officer shall indicate, on a form to be established by the line 7 officer’s emplo ying la w enforcement agenc y, which of the line 8 following was a reason for the nonrelease:
line 9 (1)  The person arrested was so intoxicated that they could have line 10 been a danger to themselves or to others.
line 11 (2)  The person arrested required medical examination or medical line 12 care or was otherwise unable to care for their own safety. line 13 (3)  The person w as arrested under one or more of the line 14 circumstances listed in Sections 40302 and 40303 of the Vehicle line 15 Code.
line 16 (4)  There were one or more outstanding arrest warrants for the line 17 person.
line 18 (5)  The person could not pro vide satisf actory e vidence of line 19 personal identification.
line 20 (6)  The prosecution of the of fense or of fenses for which the line 21 person was arrested, or the prosecution of an y other of fense or line 22 offenses, would be jeopardized by immediate release of the person line 23 arrested.
line 24 (7)  There was a reasonable likelihood that the offense or offenses line 25 would continue or resume, or that the safety of persons or property line 26 would be imminently endangered by release of the person arrested. line 27 (8)  The person arrested demanded to be tak en before a line 28 magistrate or refused to sign the notice to appear. line 29 (9)  There is reason to believe that the person would not appear line 30 at the time and place specified in the notice. The basis for this line 31 determination shall be specifically stated.
line 32 (10)  (A)  The person was subject to Section 1270.1. line 33 (B)  The form shall be filed with the arresting agenc y as soon line 34 as practicable and shall be made a vailable to an y party ha ving line 35 custody of the arrested person, subsequent to the arresting officer, line 36 and to any person authorized by law to release the arrested person line 37 from custody before trial.
line 38 (11)  The person has been cited, arrested, or con victed for line 39 misdemeanor or felon y theft from a store in the pre vious six line 40 months.
97 AB 1990 — 9 —

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Communication: Assembly Bill 1990 Bill Text (ITEM 2 Assembly Bill 1990 – Criminal Procedure: Arrests: Shoplifting) line 1 (12)  There is probable cause to believe that the person arrested line 2 is guilty of committing a violation of Section 490.4 or 459.5. line 3 (j)  (1)  Once the arresting officer has prepared the written notice line 4 to appear and has delivered a copy to the person arrested, the officer line 5 shall deliver the remaining original and all copies as provided by line 6 subdivision (e).
line 7 (2)  Any person, including the arresting officer and any member line 8 of the officer’s department or agenc y, or any peace officer, who line 9 alters, conceals, modifies, nullifies, or destro ys, or causes to be line 10 altered, concealed, modified, nullified, or destroyed, the face side line 11 of the remaining original or a copy of a citation that was retained line 12 by the officer, for any reason, before it is filed with the magistrate line 13 or with a person authorized by the magistrate to recei ve deposit line 14 of bail, is guilty of a misdemeanor.
line 15 (3)  If, after an arrested person has signed and recei ved a copy line 16 of a notice to appear, the arresting officer determines that, in the line 17 interest of justice, the citation or notice should be dismissed, the line 18 arresting agency may recommend, in writing, to the magistrate line 19 that the charges be dismissed. The recommendation shall cite the line 20 reasons for the recommendation and shall be filed with the court. line 21 (4)  If the magistrate makes a finding that there are grounds for line 22 dismissal, the finding shall be entered in the record and the charges line 23 dismissed.
line 24 (5)  A personal relationship with any officer, public official, or line 25 law enforcement agency shall not be grounds for dismissal. line 26 (k)  (1)  A person contesting a charge by claiming under penalty line 27 of perjury not to be the person issued the notice to appear may line 28 choose to submit a right thumbprint, or a left thumbprint if the line 29 person has a missing or disfigured right thumb, to the issuing court line 30 through the person’s local law enforcement agency for comparison line 31 with the one placed on the notice to appear . A local la w line 32 enforcement agency providing this service may charge the requester line 33 no more than the actual costs. The issuing court may refer the line 34 thumbprint submitted and the notice to appear to the prosecuting line 35 attorney for comparison of the thumbprints. When there is no line 36 thumbprint or fingerprint on the notice to appear , or when the line 37 comparison of thumbprints is inconclusi ve, the court shall refer line 38 the notice to appear or copy thereof back to the issuing agency for line 39 further investigation, unless the court finds that referral is not in line 40 the interest of justice.
97 — 10 — AB 1990

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Communication: Assembly Bill 1990 Bill Text (ITEM 2 Assembly Bill 1990 – Criminal Procedure: Arrests: Shoplifting) line 1 (2)  Upon initiation of the investigation or comparison process line 2 by referral of the court, the court shall continue the case and the line 3 speedy trial period shall be tolled for 45 days. line 4 (3)  Upon receipt of the issuing agenc y’s or prosecuting line 5 attorney’s response, the court may mak e a finding of f actual line 6 innocence pursuant to Section 530.6 if the court determines that line 7 there is insufficient e vidence that the person cited is the person line 8 charged and shall immediately notify the Department of Motor line 9 Vehicles of its determination. If the Department of Motor Vehicles line 10 determines the citation or citations in question formed the basis line 11 of a suspension or revocation of the person’s driving privilege, the line 12 department shall immediately set aside the action. line 13 (4)  If the prosecuting attorney or issuing agency fails to respond line 14 to a court referral within 45 days, the court shall mak e a finding line 15 of factual innocence pursuant to Section 530.6, unless the court line 16 finds that a finding of f actual innocence is not in the interest of line 17 justice.
line 18 (5)  The citation or notice to appear may be held by the line 19 prosecuting attorne y or issuing agenc y for future adjudication line 20 should the arrestee who recei ved the citation or notice to appear line 21 be found.
line 22 (l)  For purposes of this section, the term “arresting agenc y” line 23 includes any other agency designated by the arresting agenc y to line 24 provide booking or fingerprinting services.
line 25 (m)  This section shall remain in ef fect only until January 1, line 26 2026, and as of that date is repealed.
line 27 SEC. 3. Section 853.6 of the Penal Code, as added by Section line 28 2 of Chapter 856 of the Statutes of 2022, is amended to read:
line 29 853.6. (a)  (1)  When a person is arrested for an offense declared line 30 to be a misdemeanor , including a violation of a city or county line 31 ordinance, and does not demand to be tak en before a magistrate, line 32 that person shall, instead of being tak en before a magistrate, be line 33 released according to the procedures set forth by this chapter , line 34 however an officer may first book an arrestee pursuant to line 35 subdivision (g). If the person is released, the officer or the officer’s line 36 superior shall prepare, in duplicate, a written notice to appear in line 37 court, containing the name and address of the person, the offense line 38 charged, and the time when, and place where, the person shall line 39 appear in court. If, pursuant to subdi vision (i), the person is not line 40 released prior to being book ed and the officer in char ge of the 97 AB 1990 — 11 —

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Communication: Assembly Bill 1990 Bill Text (ITEM 2 Assembly Bill 1990 – Criminal Procedure: Arrests: Shoplifting) line 1 booking or the officer’s superior determines that the person should line 2 be released, the officer or the officer’ s superior shall prepare a line 3 written notice to appear in a court.
line 4 (2)  When a person is arrested for a misdemeanor violation of a line 5 protective court order involving domestic violence, as defined in line 6 subdivision (b) of Section 13700, or arrested pursuant to a policy line 7 described in Section 13701, the person shall be tak en before a line 8 magistrate instead of being released according to the procedures line 9 set forth in this chapter, unless the arresting officer determines that line 10 there is not a reasonable likelihood that the offense will continue line 11 or resume or that the safety of persons or property w ould be line 12 imminently endangered by release of the person arrested. Prior to line 13 adopting these pro visions, each city , county, or city and county line 14 shall develop a protocol to assist officers to determine when arrest line 15 and release is appropriate, rather than taking the arrested person line 16 before a magistrate. The county shall establish a committee to line 17 develop the protocol, consisting of, at a minimum, the police chief line 18 or county sheriff within the jurisdiction, the district attorney, county line 19 counsel, city attorne y, representati ves from domestic violence line 20 shelters, domestic violence councils, and other relevant community line 21 agencies.
line 22 (3)  This subdivision shall not apply to the crimes specified in line 23 Section 1270.1, including crimes defined in each of the following:
line 24 (A)  Paragraph (1) of subdivision (e) of Section 243. line 25 (B)  Section 273.5.
line 26 (C)  Section 273.6, if the detained person made threats to kill or line 27 harm, has engaged in violence against, or has gone to the residence line 28 or workplace of, the protected party.
line 29 (D)  Section 646.9.
line 30 (4)  This subdivision does not affect a defendant’s ability to be line 31 released on bail or on their own recognizance, except as specified line 32 in Section 1270.1.
line 33 (b)  Unless waived by the person, the time specified in the notice line 34 to appear shall be at least 10 days after arrest if the duplicate notice line 35 is to be filed by the officer with the magistrate. line 36 (c)  The place specified in the notice shall be the court of the line 37 magistrate before whom the person w ould be tak en if the line 38 requirement of taking an arrested person before a magistrate were line 39 complied with, or shall be an officer authorized by that court to line 40 receive a deposit of bail.
97 — 12 — AB 1990

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Communication: Assembly Bill 1990 Bill Text (ITEM 2 Assembly Bill 1990 – Criminal Procedure: Arrests: Shoplifting) line 1 (d)  The officer shall deliver one copy of the notice to appear to line 2 the arrested person, and the arrested person, in order to secure line 3 release, shall gi ve their written promise to appear in court as line 4 specified in the notice by signing the duplicate notice, which shall line 5 be retained by the officer . The officer may require the arrested line 6 person, if the arrested person has no satisfactory identification, to line 7 place a right thumbprint, or a left thumbprint or fingerprint if the line 8 person has a missing or disfigured right thumb, on the notice to line 9 appear. Except for law enforcement purposes relating to the identity line 10 of the arrestee, a person or entity may not sell, gi ve away, allow line 11 the distribution of, include in a database, or create a database with, line 12 this print. Upon the person signing the duplicate notice, the line 13 arresting officer shall immediately release the person arrested from line 14 custody.
line 15 (e)  The officer shall, as soon as practicable, file the duplicate line 16 notice, as follows:
line 17 (1)  It shall be filed with the magistrate if the offense charged is line 18 an infraction.
line 19 (2)  It shall be filed with the magistrate if the prosecuting attorney line 20 has previously directed the officer to do so.
line 21 (3)  (A)  The duplicate notice and underlying police reports in line 22 support of the charge or charges shall be filed with the prosecuting line 23 attorney in cases other than those specified in paragraphs (1) and line 24 (2).
line 25 (B)  If the duplicate notice is filed with the prosecuting attorney, line 26 the prosecuting attorne y, within their discretion, may initiate line 27 prosecution by filing the notice or a formal complaint with the line 28 magistrate specified in the duplicate notice within 25 days from line 29 the time of arrest. If the prosecution is not to be initiated, the line 30 prosecutor shall send notice to the person arrested at the address line 31 on the notice to appear . The failure by the prosecutor to file the line 32 notice or formal complaint within 25 days of the time of the arrest line 33 shall not bar further prosecution of the misdemeanor char ged in line 34 the notice to appear . However, any further prosecution shall be line 35 preceded by a new and separate citation or an arrest warrant. line 36 (C)  Upon the filing of the notice with the magistrate by the line 37 officer, or the filing of the notice or formal complaint by the line 38 prosecutor, the magistrate may fix the amount of bail that in the line 39 magistrate’s judgment, in accordance with Section 1275, is line 40 reasonable and sufficient for the appearance of the defendant and 97 AB 1990 — 13 —

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Communication: Assembly Bill 1990 Bill Text (ITEM 2 Assembly Bill 1990 – Criminal Procedure: Arrests: Shoplifting) line 1 shall endorse upon the notice a statement signed by the magistrate line 2 in the form set forth in Section 815a. The defendant may, prior to line 3 the date upon which the defendant promised to appear in court, line 4 deposit with the magistrate the amount of bail set by the magistrate. line 5 When the case is called for arraignment before the magistrate, if line 6 the defendant does not appear, either in person or by counsel, the line 7 magistrate may declare the bail forfeited, and may , in the line 8 magistrate’s discretion, order that no further proceedings shall be line 9 had in the case, unless the defendant has been char ged with a line 10 violation of Section 374.3 or 374.7 of this code or of Section line 11 11357, 11360, or 13002 of the Health and Safety Code, or a line 12 violation punishable under Section 5008.7 of the Public Resources line 13 Code, and the defendant has pre viously been con victed of a line 14 violation of that section or a violation that is punishable under that line 15 section, e xcept in cases where the magistrate finds that undue line 16 hardship will be imposed upon the defendant by requiring the line 17 defendant to appear, the magistrate may declare the bail forfeited line 18 and order that no further proceedings be had in the case. line 19 (D)  Upon the making of the order that no further proceedings line 20 be had, all sums deposited as bail shall immediately be paid into line 21 the county treasury for distribution pursuant to Section 1463. line 22 (f)  A warrant shall not be issued for the arrest of a person who line 23 has given a written promise to appear in court, unless and until the line 24 person has violated that promise or has f ailed to deposit bail, to line 25 appear for arraignment, trial, or judgment or to comply with the line 26 terms and provisions of the judgment, as required by law. line 27 (g)  The officer may book the arrested person at the scene or at line 28 the arresting agency prior to release or indicate on the citation that line 29 the arrested person shall appear at the arresting agency to be booked line 30 or indicate on the citation that the arrested person shall appear at line 31 the arresting agency to be fingerprinted prior to the date the arrested line 32 person appears in court. If it is indicated on the citation that the line 33 arrested person shall be booked or fingerprinted prior to the date line 34 of the person’s court appearance, the arresting agency, at the time line 35 of booking or fingerprinting, shall provide the arrested person with line 36 verification of the booking or fingerprinting by making an entry line 37 on the citation. If it is indicated on the citation that the arrested line 38 person is to be booked or fingerprinted, the magistrate, judge, or line 39 court shall, before the proceedings be gin, order the defendant to line 40 provide verification that the defendant was booked or fingerprinted 97 — 14 — AB 1990

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Communication: Assembly Bill 1990 Bill Text (ITEM 2 Assembly Bill 1990 – Criminal Procedure: Arrests: Shoplifting) line 1 by the arresting agenc y. If the defendant cannot produce the line 2 verification, the magistrate, judge, or court shall require that the line 3 defendant be booked or fingerprinted by the arresting agency before line 4 the ne xt court appearance, and that the defendant pro vide the line 5 verification at the ne xt court appearance unless both parties line 6 stipulate that booking or fingerprinting is not necessary. line 7 (h)  A peace officer shall use the written notice to appear line 8 procedure set forth in this section for any misdemeanor offense in line 9 which the officer has arrested a person without a warrant pursuant line 10 to Section 836 or in which the officer has taken custody of a person line 11 pursuant to Section 847.
line 12 (i)  When a person is arrested by a peace officer for a line 13 misdemeanor, that person shall be released according to the line 14 procedures set forth by this chapter unless one of the following is line 15 a reason for nonrelease, in which case the arresting officer may line 16 release the person, e xcept as pro vided in subdi vision (a), or the line 17 arresting officer shall indicate, on a form to be established by the line 18 officer’s emplo ying la w enforcement agenc y, which of the line 19 following was a reason for the nonrelease:
line 20 (1)  The person arrested was so intoxicated that they could have line 21 been a danger to themselves or to others.
line 22 (2)  The person arrested required medical examination or medical line 23 care or was otherwise unable to care for their own safety. line 24 (3)  The person w as arrested under one or more of the line 25 circumstances listed in Sections 40302 and 40303 of the Vehicle line 26 Code.
line 27 (4)  There were one or more outstanding arrest warrants for the line 28 person.
line 29 (5)  The person could not pro vide satisf actory e vidence of line 30 personal identification.
line 31 (6)  The prosecution of the of fense or of fenses for which the line 32 person was arrested, or the prosecution of an y other of fense or line 33 offenses, would be jeopardized by immediate release of the person line 34 arrested.
line 35 (7)  There was a reasonable likelihood that the offense or offenses line 36 would continue or resume, or that the safety of persons or property line 37 would be imminently endangered by release of the person arrested. line 38 (8)  The person arrested demanded to be tak en before a line 39 magistrate or refused to sign the notice to appear. 97 AB 1990 — 15 —

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Communication: Assembly Bill 1990 Bill Text (ITEM 2 Assembly Bill 1990 – Criminal Procedure: Arrests: Shoplifting) line 1 (9)  There is reason to believe that the person would not appear line 2 at the time and place specified in the notice. The basis for this line 3 determination shall be specifically stated.
line 4 (10)  (A)  The person was subject to Section 1270.1. line 5 (11)    There is probable cause to believe that the person arrested line 6 is guilty of committing a violation of Section 459.5. line 7 (B)  The form shall be filed with the arresting agenc y as soon line 8 as practicable and shall be made a vailable to an y party ha ving line 9 custody of the arrested person, subsequent to the arresting officer, line 10 and to any person authorized by law to release the arrested person line 11 from custody before trial.
line 12 (j)  (1)  Once the arresting officer has prepared the written notice line 13 to appear and has delivered a copy to the person arrested, the officer line 14 shall deliver the remaining original and all copies as provided by line 15 subdivision (e).
line 16 (2)  A person, including the arresting officer and an y member line 17 of the officer’s department or agenc y, or any peace officer, who line 18 alters, conceals, modifies, nullifies, or destro ys, or causes to be line 19 altered, concealed, modified, nullified, or destroyed, the face side line 20 of the remaining original or any copy of a citation that was retained line 21 by the officer, for any reason, before it is filed with the magistrate line 22 or with a person authorized by the magistrate to recei ve deposit line 23 of bail, is guilty of a misdemeanor.
line 24 (3)  If, after an arrested person has signed and recei ved a copy line 25 of a notice to appear, the arresting officer determines that, in the line 26 interest of justice, the citation or notice should be dismissed, the line 27 arresting agency may recommend, in writing, to the magistrate line 28 that the charges be dismissed. The recommendation shall cite the line 29 reasons for the recommendation and shall be filed with the court. line 30 (4)  If the magistrate makes a finding that there are grounds for line 31 dismissal, the finding shall be entered in the record and the charges line 32 dismissed.
line 33 (5)  A personal relationship with any officer, public official, or line 34 law enforcement agency shall not be grounds for dismissal. line 35 (k)  (1)  A person contesting a charge by claiming under penalty line 36 of perjury not to be the person issued the notice to appear may line 37 choose to submit a right thumbprint, or a left thumbprint if the line 38 person has a missing or disfigured right thumb, to the issuing court line 39 through the person’s local law enforcement agency for comparison line 40 with the one placed on the notice to appear . A local la w 97 — 16 — AB 1990

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Communication: Assembly Bill 1990 Bill Text (ITEM 2 Assembly Bill 1990 – Criminal Procedure: Arrests: Shoplifting) line 1 enforcement agency providing this service may charge the requester line 2 no more than the actual costs. The issuing court may refer the line 3 thumbprint submitted and the notice to appear to the prosecuting line 4 attorney for comparison of the thumbprints. When there is no line 5 thumbprint or fingerprint on the notice to appear , or when the line 6 comparison of thumbprints is inconclusi ve, the court shall refer line 7 the notice to appear, or a copy thereof, back to the issuing agency line 8 for further investigation, unless the court finds that referral is not line 9 in the interest of justice.
line 10 (2)  Upon initiation of the investigation or comparison process line 11 by referral of the court, the court shall continue the case and the line 12 speedy trial period shall be tolled for 45 days. line 13 (3)  Upon receipt of the issuing agenc y’s or prosecuting line 14 attorney’s response, the court may mak e a finding of f actual line 15 innocence pursuant to Section 530.6 if the court determines that line 16 there is insufficient e vidence that the person cited is the person line 17 charged and shall immediately notify the Department of Motor line 18 Vehicles of its determination. If the Department of Motor Vehicles line 19 determines the citation or citations in question formed the basis line 20 of a suspension or revocation of the person’s driving privilege, the line 21 department shall immediately set aside the action. line 22 (4)  If the prosecuting attorney or issuing agency fails to respond line 23 to a court referral within 45 days, the court shall mak e a finding line 24 of factual innocence pursuant to Section 530.6, unless the court line 25 finds that a finding of f actual innocence is not in the interest of line 26 justice.
line 27 (5)  The citation or notice to appear may be held by the line 28 prosecuting attorne y or issuing agenc y for future adjudication line 29 should the arrestee who recei ved the citation or notice to appear line 30 be found.
line 31 (l)  For purposes of this section, the term “arresting agenc y” line 32 includes any other agency designated by the arresting agenc y to line 33 provide booking or fingerprinting services.
line 34 (m)  This section shall become operative January 1, 2026.

O
97 AB 1990 — 17 —

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Communication: Assembly Bill 1990 Bill Text (ITEM 2 Assembly Bill 1990 – Criminal Procedure: Arrests: Shoplifting)

Legislative Committee – May 15, 2024

Assembly Bill 2243 – Affordable Housing and High Road Jobs Act of 2022:

Objective Standards and Affordability and Site Criteria

Recommendation

Legislative Committee recommend to oppose of Assembly Bill 2243.

Summary

Introduced by Assembly Member Buffy Wicks (D-14-Oakland), Assembly Bill 2243 expands Assembly Bill 2011, the Affordable Housing and High Road Jobs Act of 2022, (Chapter 647, Statutes of 2022) and amends the site criteria for both affordable housing and mixed-income projects eligible for the streamlined and ministerial review process.

Background

Assembly Bill 2011 (Chapter 647, Statutes of 2022) requires “by-right” streamlined and ministerial approval of an affordable housing and mixed-use housing development projects along commercial corridors in zones where office, retail, or parking are permitted regardless of a City’s General Plan or zoning code. Projects under a streamlined and ministerial review are not subject to an appeals process, public hearing, and the California Environmental Quality Act (CEQA) review.

Assembly Bill 2243 would expand the applicability of streamlined, ministerial local review and approval process for affordable and mixed-use housing developments in commercial zonings provided in Assembly Bill 2011 (Chapter 647, Statutes of 2022) and forces local governments to allow by-right development that:

• Convert office buildings into housing units, even if the site is not located along a major commercial corridor;
• Occur in “regional malls” that exceed 20 acres, but no more than 100 acres; • Takes place in high-rise districts that are not located along a major commercial corridor; and
• Occur within 500 feet of freeways and 3,200 feet of oil and gas extraction facilities, as long as those projects utilize specified air filtration.

Additionally, Assembly Bill 2243 makes numerous clarifying changes to Assembly Bill 2011 (Chapter 647, Statutes of 2022), including:

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Communication: Assembly Bill 2243 – Affordable Housing and High Road Jobs Act of 2022: Objective Standards and Affordability and Site • Clarifies the intersection of Density Bonus Law and Assembly Bill 2011 (Chapter 647, Statutes of 2022), specifically that the affordability requirements of AB 2011 apply to a project’s proposed base units, not any bonus or existing units; • Clarifies that all aspects of Assembly Bill 2011 (Chapter 647, Statutes of 2022) projects are ministerial and not subject to CEQA; and
• Specifies that any site remediation needs to occur after project approval but before the site can be occupied.

Moreover, Assembly Bill 2243 would require the City’s regular review process for a mixed- income and affordable housing development projects, which may span 6-9 months, to be conducted within 180 days if the project contains fewer than 150 housing units, and 90 days if the project is larger.

The 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.

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

The City Council opposed a similar bill, Assembly Bill 3068 (Haney), at the March 26, 2024, Regular City Council Meeting.

Additionally, the recommendation to oppose Assembly Bill 2243 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

Housing Action Coalition (Sponsor)
California Apartment Association
California Business Properties Association
California Community Builders
California Conference of Carpenters
California Housing Consortium
California State Council of Service Employees International Union (SEIU California) California YIMBY
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Communication: Assembly Bill 2243 – Affordable Housing and High Road Jobs Act of 2022: Objective Standards and Affordability and Site Opponents

League of California Cities

Bill Status

Assembly Bill 2243 passed the Assembly Committee on Appropriations (15-0) on May 8, 2024, and is pending an Assembly Floor vote.

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Communication: Assembly Bill 2243 – Affordable Housing and High Road Jobs Act of 2022: Objective Standards and Affordability and Site AMENDED IN ASSEMBLY APRIL 18, 2024
AMENDED IN ASSEMBLY MARCH 19, 2024
california legislature—2023–24 regular session
ASSEMBLY BILL No. 2243
Introduced by Assembly Member Wicks
February 8, 2024
An act to amend Sections 65912.101, 65912.111, 65912.112, 65912.113, 65912.114, 65912.121, 65912.122, 65912.123, and 65912.124 of the Government Code, relating to housing.
legislative counsel’s digest
AB 2243, as amended, Wicks. Affordable Housing and High Road Jobs Act of 2022: objective standards and affordability and site criteria. (1)  Existing law, the Affordable Housing and High Road Jobs Act of 2022, until January 1, 2033, authorizes a development proponent to submit an application for an af fordable housing de velopment or a mixed-income housing de velopment that meets specified objecti ve standards and af fordability and site criteria, including being located within a zone where office, retail, or parking are a principally permitted use. The act makes a development that meets those objective standards and affordability and site criteria a use by right and subject to one of 2 streamlined, ministerial review processes depending on, among other things, the affordability requirements applicable to the project.

This bill would make various changes to the objective standards and affordability and site criteria applicable to an af fordable housing development or mix ed-income housing de velopment subject to the streamlined, ministerial re view process under the act. Among other changes to those objecti ve standards, the bill w ould prohibit an

97 Packet Pg. 70
Communication: Assembly Bill 2243 Bill Text (ITEM 3 Assembly Bill 2243 – Affordable Housing and High Road Jobs Act of 2022: Objective affordable housing development subject to the act from demolishing a historic structure that was placed on a national, state, or local historic register.
(2)  The act prohibits a housing de velopment from being subject to the streamlined, ministerial approval process if it is located on a site or adjoined to a site where more than 1⁄3 of the square footage is dedicated to industrial use in the latest v ersion of a local go vernment’s general plan adopted before January 1, 2022.

This bill would instead prohibit a housing de velopment from being subject to the streamlined, ministerial appro val process if it w as designated for industrial use in the latest version of a local government’s general plan adopted before January 1, 2022, and either residential uses are not principally permitted on the site or the site is not adjoining a parcel with a residential use.

Existing law prohibits a housing development from being subject to the streamlined, ministerial approval process if it is located within 500 feet of a freeway or within 3,200 feet of a facility that actively extracts or refines oil or natural gas.

This bill would authorize those housing developments to be subject to the streamlined, ministerial approval process, provided that habitable areas of the building provide air filtration media for outside and return air that provide a minimum efficiency reporting value of 13, as specified. (3)  The act requires a mix ed-income housing development subject to the streamlined, ministerial re view process to be located on a site that ab uts a commercial corridor and has a frontage along the commercial corridor of a minimum of 50 feet.

This bill w ould, alternati vely, allo w a mix ed-income housing development to instead be located on a site that is an e xisting office building. The bill w ould prohibit a local go vernment from imposing any density limitation on a mix ed-income development project that is a con version of e xisting b uildings into residential use, e xcept as specified.

The act prohibits a mix ed-income housing de velopment subject to the streamlined, ministerial review process from being located on a site greater than 20 acres.

This bill, if the mix ed-income housing development is located on a site that is a regional mall, as defined, would prohibit the development from being located on a site greater than 100 acres.

The act requires a mixed-income housing development subject to the streamlined, ministerial review process to meet specified affordability 97 — 2 — AB 2243

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Communication: Assembly Bill 2243 Bill Text (ITEM 3 Assembly Bill 2243 – Affordable Housing and High Road Jobs Act of 2022: Objective criteria. In this regard, the act requires a rental housing development to include either 8% of the units for very low income households and 5% of the units for extremely low income households or 15% of the units for lower income households. In the case of an owner-occupied housing development, the act requires either 30% of the units be of fered to moderate-income households or 15% of the units be of fered to lower income households.

This bill would clarify that those affordability thresholds apply only to the base units of the housing development project and excludes units added by a density bonus.
(4)  Existing law defines various terms for purposes of the act. The act defines “use by right” to mean that the de velopment is not subject to a conditional use permit or other discretionary local go vernment review and the development project is not a “project” for purposes of the California Environmental Quality Act.

This bill would revise various definitions for purposes of the act. The bill would clarify that “use by right” means that the development project is not subject to a conditional use permit or any other discretionary local government approval, permit, or re view process and no aspect of the development project is a “project” for purposes of the California Environmental Quality Act.

Existing law requires at least 75% of the perimeter of the housing development site to be adjoined with parcels that are de veloped with urban uses in order to be subject to the act. The act defines “urban uses” to include an y current or former residential, commercial, public institutional, transit or transportation passenger facility, or retail use.

This bill would include a public park that is surrounded by other urban uses as an “urban use.”
(5)  Existing la w requires a local go vernment that determines a housing development project is in conflict with an y of the standards established in the act to pro vide the de velopment proponent written documentation of the standards with which the de velopment conflicts within 60 days or 90 days of the submittal of the development proposal, depending on the number of housing units.

This bill would require a local go vernment to determine whether a development is consistent or inconsistent with the act within 30 days of submittal of a development proposal that was resubmitted to address written feedback. The bill, after the local go vernment determines that a development is consistent with the objecti ve planning standards of the act, w ould require a local go vernment to appro ve a de velopment 97 AB 2243 — 3 —

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Communication: Assembly Bill 2243 Bill Text (ITEM 3 Assembly Bill 2243 – Affordable Housing and High Road Jobs Act of 2022: Objective within 90 days or within 180 days, depending on the number of housing units.
(6)  The act authorizes a local government, by ordinance, to exempt parcels from the act if the local go vernment makes specified written findings, including that the local government identifies another parcel that meets the requirements of the act and that the substitution of parcels will result in no net loss of the total residential capacity in the jurisdiction.

This bill would additionally require the local government to designate the exempted parcels and identify the reclassified parcels on its zoning maps, as specified.
(7)  The bill w ould mak e v arious other clarifying and technical changes.
(8)  Because the bill would impose various new requirements on local governments reviewing and approving affordable housing developments and mixed-income housing developments under the act, the bill would impose a state-mandated local program.

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

Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for 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 65912.101 of the Government Code is line 2 amended to read:
line 3 65912.101. For purposes of this chapter:
line 4 (a)  “Base units” has the same meaning as “total units” as defined line 5 in subparagraph (A) of paragraph (8) of subdivision (o) of Section line 6 65915.
line 7 (b)  “Commercial corridor” means a highw ay that is not a line 8 freeway and that has either of the following:
line 9 (1)  For parcels in which an y part of the parcel is zoned for a line 10 height limit of less than 65 feet, a right-of-w ay of at least 70 and line 11 not greater than 150 feet.
line 12 (2)  For an y other parcel not subject to paragraph (1), a line 13 right-of-way of at least 50 and not greater than 150 feet. 97 — 4 — AB 2243

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Communication: Assembly Bill 2243 Bill Text (ITEM 3 Assembly Bill 2243 – Affordable Housing and High Road Jobs Act of 2022: Objective line 1 (c)  “Development proponent” means a developer who submits line 2 a housing development project application to a local government line 3 under the streamlined, ministerial review process pursuant to this line 4 chapter.
line 5 (d)  “Extremely low income households” has the same meaning line 6 as defined in Section 50106 of the Health and Safety Code. line 7 (e)  “Freeway” has the same meaning as defined in Section 332 line 8 of the Vehicle Code, e xcept it does not include the portion of a line 9 freeway that is an onramp or of framp that serves as a connector line 10 between the freeway and other roadways that are not freeways. line 11 (f)  “Health care e xpenditures” include contrib utions under line 12 Sections 501(c) or (d) or 401(a) of the Internal Revenue Code and line 13 payments toward “medical care” as defined under Section 213(d)(1) line 14 of the Internal Revenue Code.
line 15 (g)  “Highway” has the same meaning as defined in Section 360 line 16 of the Vehicle Code, and includes sidewalks, as defined in Section line 17 555 of the Vehicle Code.
line 18 (h)  “Housing development project” has the same meaning as line 19 defined in Section 65589.5.
line 20 (i)  “Industrial use” means utilities, manufacturing, transportation line 21 storage and maintenance f acilities, w arehousing uses, and an y line 22 other use that is a source that is subject to permitting by a district, line 23 as defined in Section 39025 of the Health and Safety Code, line 24 pursuant to Division 26 (commencing with Section 39000) of the line 25 Health and Safety Code or the federal Clean Air Act (42 U.S.C. line 26 Sec. 7401 et seq.). “Industrial use” does not include an y of the line 27 following:
line 28 (1)  Power substations or utility con veyances such as po wer line 29 lines, broadband wires, and pipes.
line 30 (2)  A use where the only source permitted by a district is an line 31 emergency backup generator.
line 32 (3)  Self-storage for the residents of a building. line 33 (j)  “Local affordable housing requirement” means either of the line 34 following:
line 35 (1)  A local go vernment requirement, as a condition of line 36 development of residential units, that a housing de velopment line 37 project include a certain percentage of units af fordable to, and line 38 occupied by, extremely low, very low, lower, or moderate-income line 39 households as a condition of development of residential units. 97 AB 2243 — 5 —

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Communication: Assembly Bill 2243 Bill Text (ITEM 3 Assembly Bill 2243 – Affordable Housing and High Road Jobs Act of 2022: Objective line 1 (2)  A local go vernment requirement allo wing a housing line 2 development project to be a use by right if the project includes a line 3 certain percentage of units af fordable to, and occupied by , line 4 extremely low, very low, lower, or moderate-income households line 5 as a condition of development of residential units. line 6 (k)  “Local government” means a city, including a charter city, line 7 a county, including a charter county, or a city and county, including line 8 a charter city and county.
line 9 (l)  “Lower income households” has the same meaning as defined line 10 in Section 50079.5 of the Health and Safety Code. line 11 (m)  “Major transit stop” has the same meaning as defined in line 12 subdivision (b) of Section 21155 of the Public Resources Code. line 13 (n)  “Minimum efficiency reporting value” or “MERV” means line 14 the measurement scale de veloped by the American Society of line 15 Heating, Refrigerating and Air-Conditioning Engineers used to line 16 report the effectiveness of air filters.
line 17 (o)  “Moderate-income households” means households of persons line 18 and families of moderate income, as defined in Section 50093 of line 19 the Health and Safety Code.
line 20 (p)  “Multifamily” means a property with five or more housing line 21 units for sale or for rent.
line 22 (q)  “Neighborhood plan” means a specific plan adopted pursuant line 23 to Article 8 (commencing with Section 65450) of Chapter 3, an line 24 area plan, precise plan, community plan, urban village plan, or line 25 master plan. To qualify as a neighborhood plan, the plan must have line 26 been adopted by a local government before January 1, 2024, and line 27 within 25 years of the date that a development proponent submits line 28 an application pursuant to this chapter. a A neighborhood plan does line 29 not include a community plan or plans where the cumulative area line 30 covered by the community plans in the jurisdiction is more than line 31 one-half of the area of the jurisdiction.
line 32 (r)  “Principally permitted use” means a use that, as of January line 33 1, 2023, or thereafter , may occup y more than one-third of the line 34 square footage of designated use on the site and does not require line 35 a conditional use permit, except that parking uses are considered line 36 principally permitted whether or not they require a conditional use line 37 permit.
line 38 (s)  “Regional mall” means a site that meets all of the following line 39 criteria on the date that a de velopment proponent submits an line 40 application pursuant to this chapter:
97 — 6 — AB 2243

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Communication: Assembly Bill 2243 Bill Text (ITEM 3 Assembly Bill 2243 – Affordable Housing and High Road Jobs Act of 2022: Objective line 1 (1)  The permitted uses on the site include at least 250,000 square line 2 feet of retail use.
line 3 (2)  At least two-thirds of the permitted uses on the site are retail line 4 uses.
line 5 (3)  At least tw o of the permitted retail uses on the site are at line 6 least 10,000 square feet.
line 7 (t)  “Urban uses” means an y current or former residential, line 8 commercial, public institutional, public park that is surrounded by line 9 other urban uses, transit or transportation passenger f acility, or line 10 retail use, or any combination of those uses.
line 11 (u)  “Use by right” means a development project for which both line 12 of the following are true:
line 13 (1)  The development project is not subject to a conditional use line 14 permit, planned unit development permit, or any other discretionary line 15 local government approval, permit, or review process. line 16 (2)  No aspect of the de velopment project is a “project” for line 17 purposes of Division 13 (commencing with Section 21000) of the line 18 Public Resources Code.
line 19 (v)  “Very low income households” has the same meaning as line 20 defined in Section 50105 of the Health and Safety Code. line 21 SEC. 2. Section 65912.111 of the Government Code is amended line 22 to read:
line 23 65912.111. A development project shall not be subject to the line 24 streamlined, ministerial re view process pro vided by Section line 25 65912.114 unless the development is proposed to be located on a line 26 site that satisfies all of the following criteria:
line 27 (a)  It is located in a zone where office, retail, or parking are a line 28 principally permitted use.
line 29 (b)  It is a legal parcel or parcels that meet either of the following:
line 30 (1)  It is within a city where the city boundaries include some line 31 portion of either an urbanized area or urban cluster, as designated line 32 by the United States Census Bureau.
line 33 (2)  It is in an unincorporated area, and the legal parcel or parcels line 34 are wholly within the boundaries of an urbanized area or urban line 35 cluster, as designated by the United States Census Bureau. line 36 (c)  At least 75 percent of the perimeter of the site adjoins parcels line 37 that are de veloped with urban uses. F or purposes of this line 38 subdivision, parcels that are only separated by a street, highw ay, line 39 pedestrian path, or bicycle path shall be considered to be adjoined. 97 AB 2243 — 7 —

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Communication: Assembly Bill 2243 Bill Text (ITEM 3 Assembly Bill 2243 – Affordable Housing and High Road Jobs Act of 2022: Objective line 1 (d)  (1)  It is not on a site or adjoined to an y site where more line 2 than one-third of the square footage on the site is dedicated to line 3 industrial use.
line 4 (2)  For purposes of this subdivision, parcels only separated by line 5 a street or highway shall be considered to be adjoined. line 6 (3)  For purposes of this subdi vision, “dedicated to industrial line 7 use” means any of the following:
line 8 (A)  The square footage is currently being used as an industrial line 9 use.
line 10 (B)  The most recently permitted use of the square footage is an line 11 industrial use, and the site has not been occupied within the past line 12 three years.
line 13 (C)  The site w as designated for industrial use in the latest line 14 version of a local go vernment’s general plan adopted before line 15 January 1, 2022, and meets either of the following conditions:
line 16 (i)  Residential uses are not principally permitted on the site. line 17 (ii)  The site is not adjoining a parcel with a residential use. line 18 (e)  It satisfies the requirements specified in paragraph (6) of line 19 subdivision (a) of Section 65913.4, e xclusive of clause (i v) of line 20 subparagraph (A) of paragraph (6) of subdi vision (a) of Section line 21 65913.4.
line 22 (f)  The development is not located on a site where either of the line 23 following apply:
line 24 (1)  The development would require the demolition of a historic line 25 structure that w as placed on a national, state, or local historic line 26 register.
line 27 (2)  The existing parcel of land or site that is governed under the line 28 Mobilehome Residenc y La w (Chapter 2.5 (commencing with line 29 Section 798) of Title 2 of Part 2 of Division 2 of the Civil Code), line 30 the Recreational Vehicle P ark Occupanc y La w (Chapter 2.6 line 31 (commencing with Section 799.20) of Title 2 of Part 2 of Division line 32 2 of the Ci vil Code), the Mobilehome P arks Act (P art 2.1 line 33 (commencing with Section 18200) of Di vision 13 of the Health line 34 and Safety Code), or the Special Occupanc y Parks Act (Part 2.3 line 35 (commencing with Section 18860) of Di vision 13 of the Health line 36 and Safety Code).
line 37 (g)  For a site within a neighborhood plan area, the neighborhood line 38 plan applicable to the site permitted multif amily housing line 39 development on the site.
line 40 (h)  For a vacant site, the site satisfies both of the following:
97 — 8 — AB 2243

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Communication: Assembly Bill 2243 Bill Text (ITEM 3 Assembly Bill 2243 – Affordable Housing and High Road Jobs Act of 2022: Objective line 1 (1)  It does not contain tribal cultural resources, as defined by line 2 Section 21074 of the Public Resources Code, that could be affected line 3 by the development that were found pursuant to a consultation as line 4 described by Section 21080.3.1 of the Public Resources Code and line 5 the effects of which cannot be mitig ated pursuant to the process line 6 described in Section 21080.3.2 of the Public Resources Code. line 7 (2)  It is not within a v ery high fire hazard se verity zone, as line 8 indicated on maps adopted by the Department of Forestry and Fire line 9 Protection pursuant to Section 4202 of the Public Resources Code line 10 or as designated pursuant to subdi visions (a) and (b) of Section line 11 51179.
line 12 SEC. 3. Section 65912.112 of the Government Code is amended line 13 to read:
line 14 65912.112. A development project shall not be subject to the line 15 streamlined, ministerial re view process pro vided by Section line 16 65912.114 unless the new units created by the development project line 17 meet all of the following affordability criteria:
line 18 (a)  One hundred percent of the units within the de velopment line 19 project, excluding managers’ units, shall be dedicated to lo wer line 20 income households at an af fordable cost, as defined by Section line 21 50052.5 of the Health and Safety Code, or an af fordable rent set line 22 in an amount consistent with the rent limits established by the line 23 California Tax Credit Allocation Committee.
line 24 (b)  The units shall be subject to a recorded deed restriction for line 25 a period of 55 years for rental units and 45 years for line 26 owner-occupied units.
line 27 SEC. 4. Section 65912.113 of the Government Code is amended line 28 to read:
line 29 65912.113. A development project shall not be subject to the line 30 streamlined, ministerial re view process pro vided by Section line 31 65912.114 unless the de velopment proposal meets all of the line 32 following objective development standards:
line 33 (a)  The development shall be a multifamily housing development line 34 project.
line 35 (b)  The residential density for the de velopment will meet or line 36 exceed the applicable density deemed appropriate to accommodate line 37 housing for lo wer income households in that jurisdiction as line 38 specified in paragraph (3) of subdivision (c) of Section 65583.2. line 39 (c)  For any housing on the site located within 500 feet of a line 40 freeway, habitable areas of the building shall provide air filtration 97 AB 2243 — 9 —

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Communication: Assembly Bill 2243 Bill Text (ITEM 3 Assembly Bill 2243 – Affordable Housing and High Road Jobs Act of 2022: Objective line 1 media for outside and return air that provide a minimum efficiency line 2 reporting value of 13.
line 3 (d)  For any housing on the site located within 3,200 feet of a line 4 facility that actively extracts or refines oil or natural gas, habitable line 5 areas of the building shall provide air filtration media for outside line 6 and return air that provide a minimum efficiency reporting value line 7 of 13.
line 8 (e)  The development will meet the following objective zoning line 9 standards, objective subdivision standards, and objecti ve design line 10 review standards:
line 11 (1)  The applicable objecti ve standards shall be those for the line 12 zone that allows residential use at a greater density between the line 13 following:
line 14 (A)  The existing zoning designation for the parcel if e xisting line 15 zoning allows multifamily residential use.
line 16 (B)  The zoning designation for the closest parcel that allo ws line 17 residential use at a density that meets the requirements of line 18 subdivision (b).
line 19 (2)  The applicable objective standards shall be those in ef fect line 20 at the time that the de velopment application is submitted to the line 21 local government pursuant to this article.
line 22 (f)  For any project that is the conversion of the use of an existing line 23 nonresidential use building to residential use, the local government line 24 shall not require the provision of common open space beyond what line 25 is already existing on the project site.
line 26 (g)  For purposes of this section, “objecti ve zoning standards,” line 27 “objective subdivision standards,” and “objecti ve design re view line 28 standards” mean standards that involve no personal or subjective line 29 judgment by a public official and are uniformly v erifiable by line 30 reference to an e xternal and uniform benchmark or criterion line 31 available and kno wable by both the de velopment applicant or line 32 proponent and the public official before submittal. These standards line 33 may be embodied in alternative objective land use specifications line 34 adopted by a city or county, and may include, but are not limited line 35 to, housing o verlay zones, specific plans, inclusionary zoning line 36 ordinances, and density bonus ordinances, subject to the following:
line 37 (1)  A development shall be deemed consistent with the objective line 38 zoning standards related to housing density , as applicable, if the line 39 density proposed is compliant with the maximum density allowed line 40 within that land use designation, notwithstanding an y specified 97 — 10 — AB 2243

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Communication: Assembly Bill 2243 Bill Text (ITEM 3 Assembly Bill 2243 – Affordable Housing and High Road Jobs Act of 2022: Objective line 1 maximum unit allocation that may result in fewer units of housing line 2 being permitted.
line 3 (2)  In the event that objective zoning, general plan, subdivision, line 4 or design re view standards are mutually inconsistent, a line 5 development shall be deemed consistent with the objective zoning line 6 and subdi vision standards pursuant to this section if the line 7 development is consistent with the standards set forth in the general line 8 plan.
line 9 SEC. 5. Section 65912.114 of the Government Code is amended line 10 to read:
line 11 65912.114. (a)  (1)  A local go vernment shall determine line 12 whether a de velopment submitted pursuant to this article is line 13 consistent or inconsistent with the objecti ve planning standards line 14 specified in this article within the following timeframes:
line 15 (A)  Within 60 days of submittal of the de velopment proposal line 16 to the local government if the development contains 150 or fewer line 17 housing units.
line 18 (B)  Within 90 days of submittal of the de velopment proposal line 19 to the local go vernment if the de velopment contains more than line 20 150 housing units.
line 21 (C)  Within 30 days of submittal of an y development proposal line 22 that was resubmitted to address written feedback provided by the line 23 local government pursuant to paragraph (2).
line 24 (2)  If a local go vernment determines that a de velopment line 25 submitted pursuant to this article is in conflict with an y of the line 26 objective planning standards specified in this article, it shall provide line 27 the development proponent, in writing, with an exhaustive list of line 28 the standard or standards the de velopment conflicts with, and an line 29 explanation for the reason or reasons the de velopment conflicts line 30 with that standard or standards, within the timeframes specified line 31 in paragraph (1).
line 32 (3)  Once the local government determines that a de velopment line 33 submitted pursuant to this article is consistent with the objecti ve line 34 planning standards specified in this article, it shall appro ve the line 35 development within the following timeframes:
line 36 (A)  Within 90 days of submittal of the de velopment proposal line 37 to the local government if the development contains 150 or fewer line 38 housing units.
97 AB 2243 — 11 —

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Communication: Assembly Bill 2243 Bill Text (ITEM 3 Assembly Bill 2243 – Affordable Housing and High Road Jobs Act of 2022: Objective line 1 (B)  Within 180 days of submittal of the development proposal line 2 to the local go vernment if the de velopment contains more than line 3 150 housing units.
line 4 (4)  If the local go vernment f ails to pro vide the required line 5 documentation pursuant to paragraph (2), the de velopment shall line 6 be deemed to satisfy the required objective planning standards. line 7 (b)  (1)  For purposes of this section, a development is consistent line 8 with the objecti ve planning standards if there is substantial line 9 evidence that w ould allow a reasonable person to conclude that line 10 the development is consistent with the objective planning standards. line 11 (2)  For purposes of this section, a development is not in conflict line 12 with the objecti ve planning standards solely on the basis that line 13 application materials are not included, if the application contains line 14 substantial e vidence that w ould allo w a reasonable person to line 15 conclude that the de velopment is consistent with the objecti ve line 16 planning standards.
line 17 (c)  The determination of whether a proposed project submitted line 18 pursuant to this section is or is not in conflict with the objecti ve line 19 planning standards is not a “project” as defined in Section 21065 line 20 of the Public Resources Code.
line 21 (d)  Design review of the development may be conducted by the line 22 local government’s planning commission or any equivalent board line 23 or commission responsible for design review. That design review line 24 shall be objective and be strictly focused on assessing compliance line 25 with criteria required for streamlined, ministerial review of projects, line 26 as well as an y reasonable objecti ve design standards published line 27 and adopted by ordinance or resolution by a local jurisdiction line 28 before submittal of the development to the local government, and line 29 shall be broadly applicable to developments within the jurisdiction. line 30 That design review shall not in any way inhibit, chill, or preclude line 31 the ministerial approval provided by this section. line 32 (e)  If a development is located within an area of the coastal zone line 33 that is not e xcluded under paragraph (6) of subdi vision (a) of line 34 Section 65913.4, the de velopment shall require a coastal line 35 development permit pursuant to Chapter 7 (commencing with line 36 Section 30600) of Di vision 20 of the Public Resources Code. A line 37 public agency with coastal development permitting authority shall line 38 approve a coastal de velopment permit if it determines that the line 39 development is consistent with all objective standards of the local line 40 government’s certified local coastal program or, for areas that are 97 — 12 — AB 2243

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Communication: Assembly Bill 2243 Bill Text (ITEM 3 Assembly Bill 2243 – Affordable Housing and High Road Jobs Act of 2022: Objective line 1 not subject to a fully certified local coastal program, the certified line 2 land use plan of that area.
line 3 (f)  (1)  A development proposed pursuant to this article shall line 4 be eligible for a density bonus, incentives or concessions, waivers line 5 or reductions of development standards, and parking ratios pursuant line 6 to Section 65915.
line 7 (2)  The utilization by a de velopment proponent of incenti ves, line 8 concessions, and waivers or reductions of development standards line 9 allowed pursuant to Section 65915 shall not cause the project to line 10 be subject to a local discretionary government review process, or line 11 be considered a “project” under Di vision 13 (commencing with line 12 Section 21000) of the Public Resources Code, e ven if that line 13 incentive, concession, or w aiver or reduction of de velopment line 14 standards is not specified in a local ordinance. line 15 (3)  For purposes of this section, receipt of an y density bonus, line 16 concession, incenti ve, w aiver or reduction of de velopment line 17 standards, and parking ratios to which the applicant is entitled line 18 under Section 65915 shall not constitute a basis to find the project line 19 inconsistent with the local coastal program.
line 20 (g)  Any fee, as defined in Section 66000, imposed on a line 21 development proposed pursuant to this article shall be entitled to line 22 a credit for e xisting uses that are demolished as part of the line 23 development at the rate established by the local go vernment for line 24 those existing uses.
line 25 (h)  The local government shall ensure that the project satisfies line 26 the requirements specified in Article 2 (commencing with Section line 27 66300.5) of Chapter 12, regardless of whether the development is line 28 within or not within an af fected city or within or not within an line 29 affected county.
line 30 (i)  If the development is consistent with all objective subdivision line 31 standards in the local subdivision ordinance, an application for a line 32 subdivision pursuant to the Subdi vision Map Act (Di vision 2 line 33 (commencing with Section 66410)) shall be e xempt from the line 34 requirements of the California Environmental Quality Act (Division line 35 13 (commencing with Section 21000) of the Public Resources line 36 Code).
line 37 (j)  A local government may, by ordinance adopted to implement line 38 this article, exempt a parcel from this section before a development line 39 proponent submits a development application on a parcel pursuant 97 AB 2243 — 13 —

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Communication: Assembly Bill 2243 Bill Text (ITEM 3 Assembly Bill 2243 – Affordable Housing and High Road Jobs Act of 2022: Objective line 1 to this article if the local go vernment mak es written findings line 2 establishing all of the following:
line 3 (1)  The local go vernment has identified one or more parcels line 4 that meet the criteria described in subdi visions (b) through (f) of line 5 Section 65912.111.
line 6 (2)  (A)  If a parcel identified in paragraph (1) w ould not line 7 otherwise be eligible for development pursuant to this chapter, the line 8 implementing ordinance authorizes the parcel to be de veloped line 9 pursuant to the requirements of this chapter. A parcel reclassified line 10 for development pursuant to this subparagraph shall be suitable line 11 for residential development. For purposes of this subparagraph, a line 12 parcel suitable for residential de velopment shall ha ve the same line 13 meaning as “land suitable for residential development,” as defined line 14 in Section 65583.2.
line 15 (B)  If a parcel identified in paragraph (1) w ould otherwise be line 16 eligible for development pursuant to this chapter, the implementing line 17 ordinance authorizes the parcel to be de veloped ministerially at line 18 residential densities abo ve the residential density required in line 19 subdivision (b) of Section 65912.113.
line 20 (3)  The substitution of the parcel or parcels identified in this line 21 subdivision for parcels reclassified pursuant to paragraph (2) will line 22 result in all of the following:
line 23 (A)  No net loss of the total potential residential capacity in the line 24 jurisdiction relati ve to the total capacity that e xisted in the line 25 jurisdiction through the combined effect of this chapter and local line 26 law as of the date of the adoption of the ordinance. In making the line 27 no net loss calculation specified by this subparagraph, the local line 28 government need only f actor in the parcels substituted and line 29 reclassified pursuant to this subdivision.
line 30 (B)  No net loss of the total potential residential capacity of line 31 housing affordable to lower income households in the jurisdiction line 32 relative to the total capacity that existed in the jurisdiction through line 33 the combined effect of this chapter and local law as of the date of line 34 the adoption of the ordinance. In making the no net loss calculation line 35 specified by this subparagraph, the local go vernment need only line 36 factor in the parcels substituted and reclassified pursuant to this line 37 subdivision.
line 38 (C)  Affirmative furthering of fair housing.
line 39 (4)  A parcel or parcels reclassified for de velopment pursuant line 40 to subparagraph (A) of paragraph (2) shall be eligible for 97 — 14 — AB 2243

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Communication: Assembly Bill 2243 Bill Text (ITEM 3 Assembly Bill 2243 – Affordable Housing and High Road Jobs Act of 2022: Objective line 1 development pursuant to this chapter notwithstanding any contrary line 2 provision of the local go vernment’s charter , general plan, or line 3 ordinances, and a parcel or parcels reclassified for de velopment line 4 pursuant to subparagraph (B) of paragraph (2) shall be developed line 5 ministerially at the densities and heights specified in the ordinance line 6 notwithstanding any contrary provision of the local government’s line 7 charter, general plan, or ordinances.
line 8 (5)  The local go vernment has completed all of the rezonings line 9 required pursuant to subdivision (c) of Section 65583 for the sixth line 10 revision of its housing element.
line 11 (6)  The local go vernment has designated on its zoning maps line 12 which parcels ha ve been e xempted from this chapter and which line 13 parcels have been reclassified for de velopment pursuant to this line 14 chapter. This information shall be made publicly available through line 15 the local government’s internet website.
line 16 (k)  (1)  The local government shall, as a condition of approval line 17 of the development, require the development proponent to complete line 18 a phase I environmental assessment, as defined in Section 78090 line 19 of the Health and Safety Code.
line 20 (2)  If a recognized en vironmental condition is found, the line 21 development proponent shall undertak e a preliminary line 22 endangerment assessment, as defined in Section 78095 of the line 23 Health and Safety Code, prepared by an en vironmental assessor line 24 to determine the existence of any release of a hazardous substance line 25 on the site and to determine the potential for e xposure of future line 26 occupants to significant health hazards from any nearby property line 27 or activity.
line 28 (A)  If a release of a hazardous substance is found to e xist on line 29 the site, before the local go vernment issues a certificate of line 30 occupancy, the release shall be removed, or any significant effects line 31 of the release shall be mitig ated to a le vel of insignificance in line 32 compliance with current state and federal requirements. line 33 (B)  If a potential for e xposure to significant hazards from line 34 surrounding properties or acti vities is found to e xist, before the line 35 local government issues a certificate of occupanc y, the effects of line 36 the potential exposure shall be mitigated to a level of insignificance line 37 in compliance with current state and federal requirements. line 38 (l)  A local go vernment’s approval of a de velopment pursuant line 39 to this section shall, notwithstanding any other law, be subject to 97 AB 2243 — 15 —

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Communication: Assembly Bill 2243 Bill Text (ITEM 3 Assembly Bill 2243 – Affordable Housing and High Road Jobs Act of 2022: Objective line 1 the expiration timeframes specified in subdivision (g) of Section line 2 65913.4.
line 3 (m)  Any proposed modifications to a de velopment project line 4 approved pursuant to this section shall be undertaken pursuant to line 5 subdivision (h) of Section 65913.4.
line 6 (n)  A local go vernment shall not adopt or impose an y line 7 requirement, including, b ut not limited to, increased fees or line 8 inclusionary housing requirements, that applies to a project solely line 9 or partially on the basis that the project is eligible to recei ve line 10 streamlined, ministerial review pursuant to this section. line 11 (o)  A local government shall issue a subsequent permit required line 12 for a de velopment appro ved under this section pursuant to line 13 paragraph (2) of subdivision (i) of Section 65913.4. line 14 (p)  A public impro vement that is necessary to implement a line 15 development that is appro ved pursuant to this section shall be line 16 undertaken pursuant to paragraph (3) of subdivision (i) of Section line 17 65913.4.
line 18 (q)  A local government may adopt an ordinance to implement line 19 the provisions of this article. An ordinance adopted to implement line 20 this section shall not be considered a “project” under Division 13 line 21 (commencing with Section 21000) of the Public Resources Code. line 22 SEC. 6. Section 65912.121 of the Government Code is amended line 23 to read:
line 24 65912.121. A development project shall not be subject to the line 25 streamlined, ministerial re view process pro vided by Section line 26 65912.124 unless the development project is on a site that satisfies line 27 all of the following criteria:
line 28 (a)  It is located within a zone where office, retail, or parking line 29 are principally permitted use.
line 30 (b)  It is located on a legal parcel, or parcels, that meet either of line 31 the following:
line 32 (1)  It is within a city where the city boundaries include some line 33 portion of either an urbanized area or urban cluster, as designated line 34 by the United States Census Bureau.
line 35 (2)  It is in an unincorporated area, and the le gal parcel, or line 36 parcels, are wholly within the boundaries of an urbanized area or line 37 urban cluster, as designated by the United States Census Bureau. line 38 (c)  The project site complies with either of the following:
line 39 (1)  The project site ab uts a commercial corridor and has a line 40 frontage along the commercial corridor of a minimum of 50 feet. 97 — 16 — AB 2243

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Communication: Assembly Bill 2243 Bill Text (ITEM 3 Assembly Bill 2243 – Affordable Housing and High Road Jobs Act of 2022: Objective line 1 (2)  The project site is an existing office building. line 2 (d)  The site is not greater than 20 acres, unless the site is a line 3 regional mall, in which case the site is not greater than 100 acres. line 4 (e)  At least 75 percent of the perimeter of the site adjoins parcels line 5 that are de veloped with urban uses. F or purposes of this line 6 subdivision, parcels that are only separated by a street, highw ay, line 7 pedestrian path, or bicycle path shall be considered to be adjoined. line 8 (f)  (1)  It is not on a site or adjoined to any site where more than line 9 one-third of the square footage on the site is dedicated to industrial line 10 use.
line 11 (2)  For purposes of this subdivision, parcels only separated by line 12 a street or highway shall be considered to be adjoined. line 13 (3)  For purposes of this subdi vision, “dedicated to industrial line 14 use” means any of the following:
line 15 (A)  The square footage is currently being used as an industrial line 16 use.
line 17 (B)  The most recently permitted use of the square footage is an line 18 industrial use, and the site has not been occupied within the past line 19 three years.
line 20 (C)  The site w as designated for industrial use in the latest line 21 version of a local go vernment’s general plan adopted before line 22 January 1, 2022, and meets either of the following conditions:
line 23 (i)  Residential uses are not principally permitted on the site. line 24 (ii)  The site is not adjoining a parcel with a residential use. line 25 (g)  It satisfies the requirements specified in paragraph (6) of line 26 subdivision (a) of Section 65913.4, e xclusive of clause (i v) of line 27 subparagraph (A) of paragraph (6) of subdi vision (a) of Section line 28 65913.4.
line 29 (h)  The development is not located on a site where an y of the line 30 following apply:
line 31 (1)  The de velopment w ould require the demolition of the line 32 following types of housing:
line 33 (A)  Housing that is subject to a recorded covenant, ordinance, line 34 or la w that restricts rents to le vels af fordable to persons and line 35 families of moderate, low, or very low income.
line 36 (B)  Housing that is subject to any form of rent or price control line 37 through a public entity’s valid exercise of its police power. line 38 (C)  Housing that has been occupied by tenants within the past line 39 10 years, excluding any manager’s units.
97 AB 2243 — 17 —

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Communication: Assembly Bill 2243 Bill Text (ITEM 3 Assembly Bill 2243 – Affordable Housing and High Road Jobs Act of 2022: Objective line 1 (2)  The site w as previously used for permanent housing that line 2 was occupied by tenants, excluding any manager’s units, that was line 3 demolished within 10 years before the de velopment proponent line 4 submits an application under this article.
line 5 (3)  The development would require the demolition of a historic line 6 structure that w as placed on a national, state, or local historic line 7 register.
line 8 (4)  The property contains one to four dwelling units. line 9 (5)  The property is v acant and zoned for housing b ut not for line 10 multifamily residential use.
line 11 (6)  The existing parcel of land or site is go verned under the line 12 Mobilehome Residenc y La w (Chapter 2.5 (commencing with line 13 Section 798) of Title 2 of Part 2 of Division 2 of the Civil Code), line 14 the Recreational Vehicle P ark Occupanc y La w (Chapter 2.6 line 15 (commencing with Section 799.20) of Title 2 of Part 2 of Division line 16 2 of the Ci vil Code), the Mobilehome P arks Act (P art 2.1 line 17 (commencing with Section 18200) of Di vision 13 of the Health line 18 and Safety Code), or the Special Occupanc y Parks Act (Part 2.3 line 19 (commencing with Section 18860) of Di vision 13 of the Health line 20 and Safety Code).
line 21 (i)  For a site within a neighborhood plan area, the neighborhood line 22 plan applicable to the site permitted multif amily housing line 23 development on the site.
line 24 (j)  For a vacant site, the site satisfies both of the following:
line 25 (1)  It does not contain tribal cultural resources, as defined by line 26 Section 21074 of the Public Resources Code, that could be affected line 27 by the development that were found pursuant to a consultation as line 28 described by Section 21080.3.1 of the Public Resources Code and line 29 the effects of which cannot be mitig ated pursuant to the process line 30 described in Section 21080.3.2 of the Public Resources Code. line 31 (2)  It is not within a v ery high fire hazard se verity zone, as line 32 indicated on maps adopted by the Department of Forestry and Fire line 33 Protection pursuant to Section 4202 of the Public Resources Code line 34 or as designated pursuant to subdi visions (a) and (b) of Section line 35 51179.
line 36 SEC. 7. Section 65912.122 of the Government Code is amended line 37 to read:
line 38 65912.122. A development project shall not be subject to the line 39 streamlined, ministerial re view process pro vided by Section 97 — 18 — AB 2243

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Communication: Assembly Bill 2243 Bill Text (ITEM 3 Assembly Bill 2243 – Affordable Housing and High Road Jobs Act of 2022: Objective line 1 65912.124 unless the new housing units created by the development line 2 project meet all of the following affordability criteria:
line 3 (a)  (1)  A rental housing development shall include either of the line 4 following:
line 5 (A)  Eight percent of the base units for v ery lo w income line 6 households and 5 percent of the units for e xtremely low income line 7 households.
line 8 (B)  Fifteen percent of the base units for lo wer income line 9 households.
line 10 (2)  The development proponent shall agree to, and the local line 11 government shall ensure, the continued af fordability of all line 12 affordable rental units included pursuant to this subdivision for 55 line 13 years. Rents shall be set at an affordable rent, as defined in Section line 14 50053 of the Health and Safety Code.
line 15 (b)  (1)  An owner-occupied housing development shall include line 16 either of the following:
line 17 (A)  Thirty percent of the base units must be of fered at an line 18 affordable housing cost, as defined in Section 50052.5 of the Health line 19 and Safety Code, to moderate-income households. line 20 (B)  Fifteen percent of the base units must be of fered at an line 21 affordable housing cost, as defined in Section 50052.5 of the Health line 22 and Safety Code, to lower income households.
line 23 (2)  The development proponent shall agree to, and the local line 24 government shall ensure, the continued af fordability of all line 25 affordable ownership units for a period of 45 years. line 26 (c)  If the local go vernment has a local af fordable housing line 27 requirement, the housing development project shall comply with line 28 all of the following:
line 29 (1)  The de velopment project shall include the percentage of line 30 affordable units required by this section or the local requirement, line 31 whichever is higher.
line 32 (2)  The development project shall meet the af fordability level line 33 of a local affordable housing requirement if it is a deeper affordable line 34 level than required by this section.
line 35 (3)  Notwithstanding paragraph (1), if the local af fordable line 36 housing requirement requires greater than 15 percent of the units line 37 to be dedicated for lower income households and does not require line 38 the inclusion of units af fordable to v ery low and e xtremely low line 39 income households, then the housing de velopment shall do both line 40 of the following:
97 AB 2243 — 19 —

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Communication: Assembly Bill 2243 Bill Text (ITEM 3 Assembly Bill 2243 – Affordable Housing and High Road Jobs Act of 2022: Objective line 1 (A)  Include 8 percent of the units for v ery lo w income line 2 households and 5 percent of the units for e xtremely low income line 3 households.
line 4 (B)  Include an amount of units af fordable to lo wer income line 5 households that is 15 percentage points fewer than the percentage line 6 of units required by the local policy.
line 7 (d)  Affordable units in the de velopment project shall have the line 8 same bedroom and bathroom count ratio as the market rate units, line 9 be equitably distributed within the project, and have the same type line 10 or quality of appliances, fixtures, and finishes. line 11 SEC. 8. Section 65912.123 of the Government Code is amended line 12 to read:
line 13 65912.123. A development project shall not be subject to the line 14 streamlined, ministerial re view process pro vided by Section line 15 65912.124 unless the de velopment project meets all of the line 16 following objective development standards:
line 17 (a)  The development shall be a multifamily housing development line 18 project.
line 19 (b)  The residential density for the de velopment, prior to the line 20 award of an y eligible density bonus pursuant to Section 65915, line 21 shall be determined as follows:
line 22 (1)  In a metropolitan jurisdiction, as determined pursuant to line 23 subdivisions (d) and (e) of Section 65583.2, the allo wable line 24 residential density for the development shall be the greater of the line 25 following:
line 26 (A)  The maximum allowable residential density, as defined in line 27 paragraph (6) of subdivision (o) of Section 65915, allowed on the line 28 parcel by the local government.
line 29 (B)  For sites of less than one acre in size, 30 units per acre. line 30 (C)  For sites of one acre in size or greater located on a line 31 commercial corridor of less than 100 feet in width, 40 units per line 32 acre.
line 33 (D)  For sites of one acre in size or greater located on a line 34 commercial corridor of 100 feet in width or greater , 60 units per line 35 acre.
line 36 (E)  Notwithstanding subparagraph (B), (C), or (D), for sites line 37 within one-half mile of a major transit stop, 80 units per acre. line 38 (2)  In a jurisdiction that is not a metropolitan jurisdiction, as line 39 determined pursuant to subdivisions (d) and (e) of Section 65583.2, 97 — 20 — AB 2243

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Communication: Assembly Bill 2243 Bill Text (ITEM 3 Assembly Bill 2243 – Affordable Housing and High Road Jobs Act of 2022: Objective line 1 the allowable residential density for the development shall be the line 2 greater of the following:
line 3 (A)  The maximum allowable residential density, as defined in line 4 paragraph (6) of subdivision (o) of Section 65915, allowed on the line 5 parcel by the local government.
line 6 (B)  For sites of less than one acre in size, 20 units per acre. line 7 (C)  For sites of one acre in size or greater located on a line 8 commercial corridor of less than 100 feet in width, 30 units per line 9 acre.
line 10 (D)  For sites of one acre in size or greater located on a line 11 commercial corridor of 100 feet in width or greater , 50 units per line 12 acre.
line 13 (E)  Notwithstanding subparagraph (B), (C), or (D), for sites line 14 within one-half mile of a major transit stop, 70 units per acre. line 15 (3)  The development project shall be developed at a density that line 16 is 75 percent or greater of the applicable allo wable residential line 17 density contained in subparagraphs (B) to (E), inclusi ve, of line 18 paragraph (1) or subparagraphs (B) to (E), inclusive, of paragraph line 19 (2), as applicable.
line 20 (4)  Notwithstanding paragraphs (1) and (2), a de velopment line 21 project shall not be subject to an y density limitation if the line 22 development project is a con version of e xisting b uildings into line 23 residential use, unless the development project includes additional line 24 new square footage that is more than 20 percent of the o verall line 25 square footage of the project.
line 26 (c)  The height limit applicable to the housing development shall line 27 be the greater of the following:
line 28 (1)  The height allowed on the parcel by the local government. line 29 (2)  For sites on a commercial corridor of less than 100 feet in line 30 width, 35 feet.
line 31 (3)  For sites on a commercial corridor of 100 feet in width or line 32 greater, 45 feet.
line 33 (4)  Notwithstanding paragraphs (2) and (3), 65 feet for sites line 34 that meet all of the following criteria:
line 35 (A)  They are within one-half mile of a major transit stop. line 36 (B)  They are within a city with a population of greater than line 37 100,000.
line 38 (C)  They are not within a coastal zone, as defined in Di vision line 39 20 (commencing with Section 30000) of the Public Resources line 40 Code.
97 AB 2243 — 21 —

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Communication: Assembly Bill 2243 Bill Text (ITEM 3 Assembly Bill 2243 – Affordable Housing and High Road Jobs Act of 2022: Objective line 1 (d)  The property meets the following setback standards:
line 2 (1)  For the portion of the property that fronts a commercial line 3 corridor, the following shall occur:
line 4 (A)  No setbacks shall be required.
line 5 (B)  All parking must be set back at least 25 feet. line 6 (C)  On the ground floor, a building or buildings must abut within line 7 10 feet of the highway for at least 80 percent of the frontage. line 8 (2)  For the portion of the property that ab uts an adjoining line 9 property that also ab uts the same commercial corridor as the line 10 property, no setbacks are required unless the adjoining property line 11 contains a residential use that w as constructed prior to the line 12 enactment of this chapter , in which case the requirements of line 13 subparagraph (A) of paragraph (4) apply.
line 14 (3)  For the portion of the property line that does not abut or lie line 15 within a commercial corridor , or an adjoining property that also line 16 abuts the same commercial corridor as the property, the following line 17 shall occur:
line 18 (A)  Along property lines that ab ut a property that contains a line 19 residential use, the following shall occur:
line 20 (i)  The ground floor of the development project shall be set back line 21 at 10 feet. The amount required to be set back may be decreased line 22 by the local government.
line 23 (ii)  Starting with the second floor of the property , each line 24 subsequent floor of the development project shall be stepped back line 25 in an amount equal to seven feet multiplied by the floor number. line 26 For purposes of this paragraph, the ground floor counts as the first line 27 floor. The amount required to be stepped back may be decreased line 28 by the local government.
line 29 (B)  Along property lines that ab ut a property that does not line 30 contain a residential use, the development shall be set back 15 feet. line 31 The amount required to be stepped back may be decreased by the line 32 local government.
line 33 (e)  No parking shall be required, e xcept that this article shall line 34 not reduce, eliminate, or preclude the enforcement of an y line 35 requirement imposed on a ne w multif amily residential or line 36 nonresidential development to pro vide bicycle parking, electric line 37 vehicle supply equipment installed parking spaces, or parking line 38 spaces that are accessible to persons with disabilities that w ould line 39 have otherwise applied to the de velopment if this article did not line 40 apply.
97 — 22 — AB 2243

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Communication: Assembly Bill 2243 Bill Text (ITEM 3 Assembly Bill 2243 – Affordable Housing and High Road Jobs Act of 2022: Objective line 1 (f)  For an y housing on the site located within 500 feet of a line 2 freeway, regularly occupied areas of the building shall provide air line 3 filtration media for outside and return air that provide a minimum line 4 efficiency reporting value of 13.
line 5 (g)  For any housing on the site located within 3,200 feet of a line 6 facility that actively extracts or refines oil or natural gas, regularly line 7 occupied areas of the b uilding shall pro vide air filtration media line 8 for outside and return air that pro vide a minimum efficienc y line 9 reporting value of 13.
line 10 (h)  (1)  The development proponent shall provide written notice line 11 of the pending application to each commercial tenant on the parcel line 12 when the application is submitted.
line 13 (2)  The de velopment proponent shall pro vide relocation line 14 assistance to each eligible commercial tenant located on the site line 15 as follows:
line 16 (A)  For a commercial tenant operating on the site for at least line 17 one year but less than five years, the relocation assistance shall be line 18 equivalent to six months’ rent.
line 19 (B)  For a commercial tenant operating on the site for at least 5 line 20 years b ut less than 10 years, the relocation assistance shall be line 21 equivalent to nine months’ rent.
line 22 (C)  For a commercial tenant operating on the site for at least line 23 10 years but less than 15 years, the relocation assistance shall be line 24 equivalent to 12 months’ rent.
line 25 (D)  For a commercial tenant operating on the site for at least line 26 15 years but less than 20 years, the relocation assistance shall be line 27 equivalent to 15 months’ rent.
line 28 (E)  For a commercial tenant operating on the site for at least 20 line 29 years, the relocation assistance shall be equivalent to 18 months’ line 30 rent.
line 31 (3)  The relocation assistance shall be pro vided to an eligible line 32 commercial tenant upon expiration of the lease of that commercial line 33 tenant.
line 34 (4)  For purposes of this subdi vision, a commercial tenant is line 35 eligible for relocation assistance if the commercial tenant meets line 36 all of the following criteria:
line 37 (A)  The commercial tenant is an independently o wned and line 38 operated business with its principal office located in the county in line 39 which the property on the site that is leased by the commercial line 40 tenant is located.
97 AB 2243 — 23 —

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Communication: Assembly Bill 2243 Bill Text (ITEM 3 Assembly Bill 2243 – Affordable Housing and High Road Jobs Act of 2022: Objective line 1 (B)  The commercial tenant’s lease expired and was not renewed line 2 by the property owner.
line 3 (C)  The commercial tenant’s lease expired within the three years line 4 following the de velopment proponent’ s submission of the line 5 application for a housing development pursuant to this article. line 6 (D)  The commercial tenant employs 20 or fewer employees and line 7 has annual a verage gross receipts under one million dollars line 8 ($1,000,000) for the three-taxable-year period ending with the line 9 taxable year that precedes the expiration of their lease. line 10 (E)  The commercial tenant is still in operation on the site at the line 11 time of the expiration of its lease.
line 12 (5)  Notwithstanding paragraph (4), for purposes of this line 13 subdivision, a commercial tenant is ineligible for relocation line 14 assistance if the commercial tenant meets both of the follo wing line 15 criteria:
line 16 (A)  The commercial tenant entered into a lease on the site after line 17 the development proponent’s submission of the application for a line 18 housing development pursuant to this article.
line 19 (B)  The commercial tenant had not pre viously entered into a line 20 lease on the site.
line 21 (6)  (A)  The commercial tenant shall utilize the funds provided line 22 by the development proponent to relocate the business or for costs line 23 of a new business.
line 24 (B)  Notwithstanding paragraph (2), if the commercial tenant line 25 elects not to use the funds pro vided as required by subparagraph line 26 (A), the development proponent shall provide only assistance equal line 27 to three months’ rent, regardless of the duration of the commercial line 28 tenant’s lease.
line 29 (7)  For purposes of this subdi vision, monthly rent is equal to line 30 one-twelfth of the total amount of rent paid by the commercial line 31 tenant in the last 12 months.
line 32 (i)  For any project that is the conversion of an existing building line 33 for nonresidential use b uilding to residential use, the local line 34 government shall not require the provision of common open space line 35 beyond what is required for the existing project site. line 36 (j)  Objective zoning standards, objective subdivision standards, line 37 and objective design review standards not specified elsewhere in line 38 this section, as follows:
line 39 (1)   The applicable objecti ve standards shall be those for the line 40 closest zone in the city , county, or city and county that allo ws 97 — 24 — AB 2243

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Communication: Assembly Bill 2243 Bill Text (ITEM 3 Assembly Bill 2243 – Affordable Housing and High Road Jobs Act of 2022: Objective line 1 multifamily residential use at the residential density determined line 2 pursuant to subdi vision (b). If no zone e xists that allo ws the line 3 residential density determined pursuant to subdi vision (b), the line 4 applicable objecti ve standards shall be those for the zone that line 5 allows the greatest density within the city , county, or city and line 6 county.
line 7 (2)  The applicable objective standards shall be those in ef fect line 8 at the time that the de velopment application is submitted to the line 9 local government pursuant to this article.
line 10 (3)  The objective standards shall not preclude a de velopment line 11 from being at the residential density required pursuant to line 12 paragraphs (1) and (2) of subdivision (b) and shall not require the line 13 development to reduce unit size to meet the objective standards. line 14 (4)  The applicable objecti ve standards may include a line 15 requirement that up to one-half of the ground floor of the housing line 16 development project be dedicated to retail use. line 17 (5)  For purposes of this section, “objecti ve zoning standards,” line 18 “objective subdivision standards,” and “objecti ve design re view line 19 standards” mean standards that involve no personal or subjective line 20 judgment by a public official and are uniformly v erifiable by line 21 reference to an e xternal and uniform benchmark or criterion line 22 available and kno wable by both the de velopment applicant or line 23 proponent and the public official before submittal. These standards line 24 may be embodied in alternative objective land use specifications line 25 adopted by a city or county, and may include, but are not limited line 26 to, housing o verlay zones, specific plans, inclusionary zoning line 27 ordinances, and density bonus ordinances. In the e vent that line 28 objective zoning, general plan, subdi vision, or design re view line 29 standards are mutually inconsistent, a development shall be deemed line 30 consistent with the objecti ve zoning and subdi vision standards line 31 pursuant to this subdivision if the development is consistent with line 32 the standards set forth in the general plan.
line 33 SEC. 9. Section 65912.124 of the Government Code is amended line 34 to read:
line 35 65912.124. (a)  (1)  A local go vernment shall determine line 36 whether a de velopment submitted pursuant to this article is line 37 consistent or is not consistent with the objective planning standards line 38 specified in this article within the following timeframes:
97 AB 2243 — 25 —

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Communication: Assembly Bill 2243 Bill Text (ITEM 3 Assembly Bill 2243 – Affordable Housing and High Road Jobs Act of 2022: Objective line 1 (A)  Within 60 days of submittal of the de velopment proposal line 2 to the local government if the development contains 150 or fewer line 3 housing units.
line 4 (B)  Within 90 days of submittal of the de velopment proposal line 5 to the local go vernment if the de velopment contains more than line 6 150 housing units.
line 7 (C)  Within 30 days of submittal of an y development proposal line 8 that was resubmitted to address written feedback provided by the line 9 local government pursuant to this subdivision.
line 10 (2)  If a local go vernment determines that a de velopment line 11 submitted pursuant to this article is in conflict with an y of the line 12 objective planning standards specified in this article, it shall provide line 13 the development proponent, in writing, with an exhaustive list of line 14 the standard or standards the de velopment conflicts with, and an line 15 explanation for the reason or reasons the de velopment conflicts line 16 with that standard or standards, within the timeframes specified line 17 in paragraph (1).
line 18 (3)  Once the local government determines that a de velopment line 19 submitted pursuant to this article is consistent with the objecti ve line 20 planning standards specified in this article, it shall appro ve the line 21 development within the following timeframes:
line 22 (A)  Within 90 days of submittal of the de velopment proposal line 23 to the local government if the development contains 150 or fewer line 24 housing units.
line 25 (B)  Within 180 days of submittal of the development proposal line 26 to the local go vernment if the de velopment contains more than line 27 150 housing units.
line 28 (4)  If the local go vernment f ails to pro vide the required line 29 documentation pursuant to paragraph (2), the de velopment shall line 30 be deemed to satisfy the required objective planning standards. line 31 (b)  (1)  For purposes of this section, a development is consistent line 32 with the objecti ve planning standards if there is substantial line 33 evidence that w ould allow a reasonable person to conclude that line 34 the development is consistent with the objective planning standards. line 35 (2)  For purposes of this section, a development is not in conflict line 36 with the objecti ve planning standards solely on the basis that line 37 application materials are not included, if the application contains line 38 substantial e vidence that w ould allo w a reasonable person to line 39 conclude that the de velopment is consistent with the objecti ve line 40 planning standards.
97 — 26 — AB 2243

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Communication: Assembly Bill 2243 Bill Text (ITEM 3 Assembly Bill 2243 – Affordable Housing and High Road Jobs Act of 2022: Objective line 1 (c)  The determination of whether a proposed project submitted line 2 pursuant to this section is or is not in conflict with the objecti ve line 3 planning standards is not a “project” as defined in Section 21065 line 4 of the Public Resources Code.
line 5 (d)  Design review of the development may be conducted by the line 6 local government’s planning commission or any equivalent board line 7 or commission responsible for design review. That design review line 8 shall be objective and be strictly focused on assessing compliance line 9 with criteria required for streamlined, ministerial review of projects, line 10 as well as an y reasonable objecti ve design standards published line 11 and adopted by ordinance or resolution by a local jurisdiction line 12 before submittal of the development to the local government, and line 13 shall be broadly applicable to developments within the jurisdiction. line 14 That design review shall not in any way inhibit, chill, or preclude line 15 the ministerial approval provided by this section. line 16 (e)  If a development is located within an area of the coastal zone line 17 that is not e xcluded under paragraph (6) of subdi vision (a) of line 18 Section 65913.4, the de velopment shall require a coastal line 19 development permit pursuant to Chapter 7 (commencing with line 20 Section 30600) of Di vision 20 of the Public Resources Code. A line 21 public agency with coastal development permitting authority shall line 22 approve a coastal de velopment permit if it determines that the line 23 development is consistent with all objective standards of the local line 24 government’s certified local coastal program or, for areas that are line 25 not subject to a fully certified local coastal program, the certified line 26 land use plan of that area.
line 27 (f)  (1)  A housing development proposed pursuant to this article line 28 shall be eligible for a density bonus, incenti ves or concessions, line 29 waivers or reductions of development standards, and parking ratios line 30 pursuant to Section 65915, except that the project shall not use a line 31 concession to reduce a local go vernment requirement for the line 32 provision of ground floor retail that is consistent with the allowance line 33 contained in paragraph (3) of subdivision (j) of Section 65912.123. line 34 (2)  A development proponent may use incentives, concessions, line 35 and w aivers or reductions of de velopment standards allotted line 36 pursuant to subdivisions (d) and (e) of Section 65915 to de viate line 37 from the objecti ve standards contained in subdi vision (c) and line 38 paragraphs (2) and (3) of subdivision (d) of Section 65912.123. line 39 (3)  The utilization by a de velopment proponent of incenti ves, line 40 concessions, and waivers or reductions of development standards 97 AB 2243 — 27 —

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Communication: Assembly Bill 2243 Bill Text (ITEM 3 Assembly Bill 2243 – Affordable Housing and High Road Jobs Act of 2022: Objective line 1 allowed pursuant to Section 65915 shall not cause the project to line 2 be subject to a local discretionary government review process, or line 3 be considered a “project” under Di vision 13 (commencing with line 4 Section 21000) of the Public Resources Code, e ven if that line 5 incentive, concession, or w aiver or reduction of de velopment line 6 standards is not specified in a local ordinance. line 7 (4)  For purposes of this section, receipt of an y density bonus, line 8 concession, incenti ve, w aiver or reduction of de velopment line 9 standards, and parking ratios to which the applicant is entitled line 10 under Section 65915 shall not constitute a basis to find the project line 11 inconsistent with the local coastal program.
line 12 (g)  Any fee, as defined in Section 66000, imposed on a line 13 development proposed pursuant to this article shall be entitled to line 14 a credit for e xisting uses that are demolished as part of the line 15 development at the rate established by the local go vernment for line 16 those existing uses.
line 17 (h)  The local government shall ensure that the project satisfies line 18 the requirements specified in Article 2 (commencing with Section line 19 66300.5) of Chapter 12, regardless of whether the development is line 20 within or not within an af fected city or within or not within an line 21 affected county.
line 22 (i)  If the development is consistent with all objective subdivision line 23 standards in the local subdivision ordinance, an application for a line 24 subdivision pursuant to the Subdi vision Map Act (Di vision 2 line 25 (commencing with Section 66410)) shall be e xempt from the line 26 requirements of the California Environmental Quality Act (Division line 27 13 (commencing with Section 21000) of the Public Resources line 28 Code).
line 29 (j)  A local government may, by ordinance adopted to implement line 30 this article, exempt a parcel from this section before a development line 31 proponent submits a development application on a parcel pursuant line 32 to this article if the local go vernment mak es written findings line 33 establishing all of the following:
line 34 (1)  The local government has identified a parcel or parcels that line 35 meet the criteria described in subdi visions (b) and (e) to (h), line 36 inclusive, of Section 65912.121.
line 37 (2)  (A)  If a parcel identified in paragraph (1) w ould not line 38 otherwise be eligible for development pursuant to this chapter, the line 39 implementing ordinance authorizes the parcel to be de veloped line 40 pursuant to the requirements of this chapter. A parcel reclassified 97 — 28 — AB 2243

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Communication: Assembly Bill 2243 Bill Text (ITEM 3 Assembly Bill 2243 – Affordable Housing and High Road Jobs Act of 2022: Objective line 1 for development pursuant to this subparagraph shall be suitable line 2 for residential development. For purposes of this subparagraph, a line 3 parcel suitable for residential de velopment shall ha ve the same line 4 meaning as “land suitable for residential development,” as defined line 5 in Section 65583.2.
line 6 (B)  If a parcel identified in paragraph (1) w ould otherwise be line 7 eligible for development pursuant to this chapter, the implementing line 8 ordinance authorizes the parcel to be de veloped ministerially at line 9 residential densities abo ve the residential density required in line 10 subdivision (b) of Section 65912.123 and heights required in line 11 subdivision (c) of Section 65912.123.
line 12 (3)  The substitution of the parcel or parcels identified in this line 13 subdivision for parcels reclassified pursuant to paragraph (2) will line 14 result in all of the following:
line 15 (A)  No net loss of the total potential residential capacity in the line 16 jurisdiction relati ve to the total capacity that e xisted in the line 17 jurisdiction through the combined effect of local and state law as line 18 of the date of the adoption of the ordinance. In making the no net line 19 loss calculation specified by this subparagraph, the local line 20 government need only f actor in the parcels substituted and line 21 reclassified pursuant to this subdivision.
line 22 (B)  No net loss of the total potential residential capacity of line 23 housing affordable to lower income households in the jurisdiction line 24 relative to the total capacity that existed in the jurisdiction through line 25 the combined effect of this chapter and local law as of the date of line 26 the adoption of the ordinance. In making the no net loss calculation line 27 specified by this subparagraph, the local go vernment need only line 28 factor in the parcels substituted and reclassified pursuant to this line 29 subdivision.
line 30 (C)  Affirmative furthering of fair housing.
line 31 (4)  A parcel or parcels reclassified for de velopment pursuant line 32 to subparagraph (A) of paragraph (2) shall be eligible for line 33 development pursuant to this chapter notwithstanding any contrary line 34 provision of the local go vernment’s charter , general plan, or line 35 ordinances, and a parcel or parcels reclassified for de velopment line 36 pursuant to subparagraph (B) of paragraph (2) shall be developed line 37 ministerially at the densities and heights specified in the ordinance line 38 notwithstanding any contrary provision of the local government’s line 39 charter, general plan, or ordinances.
97 AB 2243 — 29 —

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Communication: Assembly Bill 2243 Bill Text (ITEM 3 Assembly Bill 2243 – Affordable Housing and High Road Jobs Act of 2022: Objective line 1 (5)  The local go vernment has completed all of the rezonings line 2 required pursuant to subdivision (c) of Section 65583 for the sixth line 3 revision of its housing element.
line 4 (6)  The local go vernment has designated on its zoning maps line 5 which parcels ha ve been e xempted from this chapter and which line 6 parcels have been reclassified for de velopment pursuant to this line 7 chapter. This information must be made publicly available through line 8 the local government’s internet website.
line 9 (k)  (1)  The local government shall, as a condition of approval line 10 of the development, require the development proponent to complete line 11 a phase I environmental assessment, as defined in Section 78090 line 12 of the Health and Safety Code.
line 13 (2)  If a recognized en vironmental condition is found, the line 14 development proponent shall undertak e a preliminary line 15 endangerment assessment, as defined in Section 78095 of the line 16 Health and Safety Code, prepared by an en vironmental assessor line 17 to determine the existence of any release of a hazardous substance line 18 on the site and to determine the potential for e xposure of future line 19 occupants to significant health hazards from any nearby property line 20 or activity.
line 21 (A)  If a release of a hazardous substance is found to e xist on line 22 the site, before the local go vernment issues a certificate of line 23 occupancy, the release shall be removed, or any significant effects line 24 of the release shall be mitig ated to a le vel of insignificance in line 25 compliance with current state and federal requirements. line 26 (B)  If a potential for e xposure to significant hazards from line 27 surrounding properties or acti vities is found to e xist, before the line 28 local government issues a certificate of occupanc y, the effects of line 29 the potential exposure shall be mitigated to a level of insignificance line 30 in compliance with current state and federal requirements. line 31 (l)  A local go vernment’s approval of a de velopment pursuant line 32 to this section shall, notwithstanding any other law, be subject to line 33 the expiration timeframes specified in subdivision (g) of Section line 34 65913.4.
line 35 (m)  Any proposed modifications to a de velopment project line 36 approved pursuant to this section shall be undertaken pursuant to line 37 subdivision (h) of Section 65913.4.
line 38 (n)  A local go vernment shall not adopt or impose an y line 39 requirement, including, b ut not limited to, increased fees or line 40 inclusionary housing requirements, that applies to a project solely 97 — 30 — AB 2243

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Communication: Assembly Bill 2243 Bill Text (ITEM 3 Assembly Bill 2243 – Affordable Housing and High Road Jobs Act of 2022: Objective line 1 or partially on the basis that the project is eligible to recei ve line 2 streamlined, ministerial review pursuant to this section. line 3 (o)  A local government shall issue a subsequent permit required line 4 for a de velopment appro ved under this section pursuant to line 5 paragraph (2) of subdivision (h) of Section 65913.4. line 6 (p)  A public impro vement that is necessary to implement a line 7 development that is appro ved pursuant to this section shall be line 8 undertaken pursuant to paragraph (3) of subdivision (i) of Section line 9 65913.4.
line 10 (q)  A local government may adopt an ordinance to implement line 11 the provisions of this article. An ordinance adopted to implement line 12 this section shall not be considered a “project” under Division 13 line 13 (commencing with Section 21000) of the Public Resources Code. line 14 SEC. 10. No reimbursement is required by this act pursuant to line 15 Section 6 of Article XIIIB of the California Constitution because line 16 a local agency or school district has the authority to le vy service line 17 charges, fees, or assessments sufficient to pay for the program or line 18 level of service mandated by this act, within the meaning of Section line 19 17556 of the Government Code.

O
97 AB 2243 — 31 —

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Communication: Assembly Bill 2243 Bill Text (ITEM 3 Assembly Bill 2243 – Affordable Housing and High Road Jobs Act of 2022: Objective

Legislative Committee – May 15, 2024

Senate Bill 937 – Development Projects: Permits and Other Entitlements:

Fees and Charges

Recommendation

Legislative Committee recommend to oppose Senate Bill 937.

Summary

Introduced by Senator Scott Wiener (D-11-San Francisco), Senate Bill 937 restricts local governments from collecting development fees until the certificate of occupancy is issued and requires local governments to approve an extension of development entitlements up to 24 months on affordable housing projects.

Background

Local governments can charge a variety of fees to a development. These fees, commonly known as development fees or impact fees, go toward infrastructure development to withstand the growth caused by a new development. The City uses development fees to support the construction and capacity of parks, public safety services, fire services, library services, transit services, roads, medians, sidewalks, and bike lanes.

The City collects development fees either at the approval of the builder’s permit or subdivision map, depending on the project. This is done to allow adequate time in making the infrastructure capacity improvements needed to support the growth in population that comes with the new residential development. Deferring this to the issuance of the certificate of occupancy would delay the needed infrastructure improvements, which could compromise the health and safety of the new community and surrounding areas and detrimentally impact quality of life for those in and around the new development. Additionally, the delay in collecting development fees could increase the risk that a developer may not have the ability to pay the fees, which would leave cities with a new population without any funds to make the necessary service and capacity improvements.

The recommendation to oppose Senate Bill 937 is consistent with the City of Santa Clarita 2024 Executive and Legislative Platform. Specifically, Component 1 under “State” section advises that the City Council “Oppose legislation that would interfere with, limit, or eliminate the decision-making authority of municipalities in the area of local land use.

Supporters

California Housing Consortium (Co-Sponsor)
California YIMBY (Co-Sponsor)
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Communication: Senate Bill 937 – Development Projects: Permits and Other Entitlements: Fees and Charges (ITEM 4 Senate Bill 937 – Housing Action Coalition (Co-Sponsor)
California Apartment Association
California Building Industry Association
California Community Builders

Opponents

City of La Verne
California Coalition for Adequate School Housing
California Special Districts Association
Desert Water Agency
East Bay Housing Organizations
El Dorado Irrigation District

Bill Status

Senate Bill 937 passed the Senate Housing Committee (9-0-1) on April 16, 2024, and is pending a Senate Floor vote.

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Communication: Senate Bill 937 – Development Projects: Permits and Other Entitlements: Fees and Charges (ITEM 4 Senate Bill 937 – AMENDED IN SENATE APRIL 8, 2024
AMENDED IN SENATE APRIL 1, 2024
SENATE BILL No. 937
Introduced by Senator Wiener
(Coauthor: Assembly Member Grayson)
January 17, 2024
An act to amend Section 66007 of, and to add Section 65914.6 to, the Government Code, relating to land use.
legislative counsel’s digest
SB 937, as amended, Wiener. Development projects: permits and other entitlements: fees and charges.

The Planning and Zoning Law requires each county and each city to adopt a comprehensi ve, long-term general plan for its ph ysical development, and the de velopment of specified land outside its boundaries, that includes, among other mandatory elements, a housing element. Existing law, the Permit Streamlining Act, among other things, requires a public agenc y that is the lead agenc y for a de velopment project to appro ve or disappro ve that project within specified time periods. Existing la w e xtended by 18 months the period for the expiration, ef fectuation, or utilization of a housing entitlement, as defined, that was issued before, and w as in effect on, March 4, 2020, and that would expire before December 31, 2021, except as specified.

Existing law provides that if the state or a local agenc y extended the otherwise applicable time for the expiration, effectuation, or utilization of a housing entitlement for not less than 18 months, as specified, that housing entitlement w ould not be e xtended an additional 18 months pursuant to these provisions.

97 Packet Pg. 103
Communication: Senate Bill 937 Bill Text (ITEM 4 Senate Bill 937 – Development Projects: Permits and Other Entitlements: Fees and Charges) This bill w ould extend by 24 months the period for the e xpiration, effectuation, or utilization of a housing entitlement, entitlement for a priority residential development project, as those terms ar e defined, that w as issued before January 1, 2024, and that will e xpire before December 31, 2025, e xcept as specified. The bill w ould toll this 24-month extension during any time that the housing entitlement is the subject of a legal challenge. By adding to the duties of local officials with respect to housing entitlements, this bill w ould impose a state-mandated local program. The bill w ould include findings that changes proposed by this bill address a matter of state wide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.

The Mitigation Fee Act regulates fees for development projects, fees for specific purposes, including water and sewer connection fees, and fees for solar ener gy systems, among others. The act, among other things, requires local agencies to comply with various conditions when imposing fees, extractions, or charges as a condition of appro val of a proposed development or development project.

The act prohibits a local agenc y that imposes fees or char ges on a residential development for the construction of public impro vements or facilities from requiring the payment of those fees or char ges until the date of the final inspection or the date the certificate of occupancy is issued, whiche ver occurs first. The first, except for utility service fees, which the local a gency is authorized to collect at the time an application for utility service is received.

This bill would limit the utility service fees exception described above to utility service fees related to connections, and cap those fees at the costs incurr ed by the utility pr ovider r esulting from the connection activities.

The act authorizes a local agency to require the payment sooner than the date of the final inspection or the date the certificate of occupancy is issued, whic hever occur s fir st, if specified conditions are met, including if the fees or char ges are to reimb urse the local agenc y for expenditures pre viously made. The act e xempts units reserv ed for occupancy by lo wer income households included in a residential development proposed by a nonprofit housing developer, as specified, from the authorization to require an earlier payment, b ut authorizes a city or county to require for those e xempt units the posting of a performance bond or a letter of credit from a federally insured, recognized depository institution to guarantee payment of an y fees or 97 — 2 — SB 937

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Communication: Senate Bill 937 Bill Text (ITEM 4 Senate Bill 937 – Development Projects: Permits and Other Entitlements: Fees and Charges) charges. The act, if a fee or charge is not fully paid prior to issuance of a building permit for construction, authorizes the local agency to require the property owner to e xecute a contract to pay the fee or char ge, as specified.

This bill would instead prohibit a local agenc y from requiring the payment of those fees or char ges until the date the certificate of occupancy is issued, and would prohibit the local agency from charging interest or other fees on an y amount deferred. The bill would remove the authorization for a local agenc y to require the payment sooner if the fees or charges are to reimburse the local agency for expenditures previously made. The bill w ould re vise the e xemption from earlier payment for units reserved for occupancy by lower income households by a nonprofit housing developer to be those by an affordable housing developer, as specified, and w ould repeal the authorization for a city or county to require the posting of a performance bond or a letter of credit for those e xempt units. The bill would repeal the authorization of the local agency to require the property owner to execute a contract to pay the fee or charge, and would instead authorize the local agency to withhold the certificate of occupancy until the fees and charges are paid. would, for priority residential development projects, as defined, prohibit a local agency form requiring payment of fees or c harges on the residential development for the construction of public improvements or facilities until the date the certificate of occupancy is issued, as specified. The bill would authorize the local a gency to r equire the payment of those fees or charges at an earlier time if certain conditions are met, except as specified.

If any fee or charge described above is not fully paid prior to issuance of a b uilding permit, the act authorizes the local a gency issuing the building permit to require the property owner to execute a contract to pay the fee or charge as a condition of issuance of the building permit, as specified.

This bill would authorize the go verning body of a local a gency to authorize an officer or employee of the local a gency to approve and execute contracts described above, and would require the local agency to post a model form of contract on its internet website prior to requiring execution of a contract under the provisions described above.

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. 97 SB 937 — 3 —

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Communication: Senate Bill 937 Bill Text (ITEM 4 Senate Bill 937 – Development Projects: Permits and Other Entitlements: Fees and Charges) This bill would provide that no reimbursement is required by this act for a specified reason.

Vote: majority. Appropriation: no. Fiscal committee: yes.​ State-mandated local program: yes.​
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 65914.6 is added to the Government line 2 Code, to read:
line 3 65914.6. (a)  Except as pro vided in subdi vision (b), line 4 notwithstanding any law, including any inconsistent provision of line 5 a local agenc y’s general plan, ordinances, or re gulations, the line 6 otherwise applicable time for the e xpiration, ef fectuation, or line 7 utilization of a housing entitlement for a priority r esidential line 8 development project that is within the scope of the timeframes line 9 specified in paragraphs (1) and (2) is extended by 24 months. For line 10 the purposes of this section, housing entitlements that are extended line 11 are entitlements where both of the following apply:
line 12 (1)  It was issued prior to and was in effect on January 1, 2024. line 13 (2)  It will expire prior to December 31, 2025. line 14 The otherwise applicable time for the utilization of a housing line 15 entitlement provided by this section includes an y requirement to line 16 request the issuance of a building permit within a specified period line 17 of time.
line 18 (b)  If the state or a local agency extends, on or after January 1, line 19 2024, but before the effective date of the act adding this section, line 20 the otherwise applicable time for the e xpiration, effectuation, or line 21 utilization of a housing entitlement for not less than 24 months line 22 and pursuant to the same conditions pro vided in subdivision (a), line 23 that housing entitlement shall not be extended for an additional 24 line 24 months by operation of subdivision (a).
line 25 (c)  For purposes of this section, the following definitions apply:
line 26 (1)  “Housing entitlement” means any of the following:
line 27 (A)  A legislative, adjudicative, administrative, or any other kind line 28 of approval, permit, or other entitlement necessary for, or pertaining line 29 to, a housing development project issued by a state agency. line 30 (B)  An approval, permit, or other entitlement issued by a local line 31 agency for a housing development project that is subject to Chapter line 32 4.5 (commencing with Section 65920).
97 — 4 — SB 937

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Communication: Senate Bill 937 Bill Text (ITEM 4 Senate Bill 937 – Development Projects: Permits and Other Entitlements: Fees and Charges) line 1 (C)  A ministerial appro val, permit, or entitlement by a local line 2 agency required as a prerequisite to issuance of a building permit line 3 for a housing development project.
line 4 (D)  A requirement to submit an application for a building permit line 5 within a specified period of time after the ef fective date of a line 6 housing entitlement described in subparagraph (B) or (C). line 7 (E)  A vested right associated with an approval, permit, or other line 8 entitlement described in subparagraphs (A) to (D), inclusive. line 9 (2)  For the purposes of this section, a housing entitlement does line 10 not include any of the following:
line 11 (A)  A development agreement issued pursuant to Article 2.5 line 12 (commencing with Section 65864).
line 13 (B)  An approved or conditionally approved tentative map that line 14 is e xtended for a minimum of 24 months pursuant to Section line 15 66452.6 on or after January 1, 2024.
line 16 (C)  A preliminary application as defined in Section 65941.1. line 17 (3)  “Housing de velopment project” means a residential line 18 development or mixed-use development in which at least two-thirds line 19 of the square footage of the de velopment is designated for line 20 residential use. Both of the follo wing apply for the purposes of line 21 calculating the square footage usage of a development for purposes line 22 of this section:
line 23 (A)  The square footage of a de velopment shall include an y line 24 additional density, floor area, and units, and any other concession, line 25 incentive, or waiver of development standards pursuant to Section line 26 65915.
line 27 (B)  The square footage of a development shall not include any line 28 underground space, including, b ut not limited to, a basement or line 29 underground parking garage.
line 30 (4)  “Local agency” means a county, city, whether general law line 31 or chartered, city and county , school district, special district, line 32 authority, agenc y, an y other municipal public corporation or line 33 district, or other political subdivision of the state. line 34 (5)  “Priority r esidential de velopment pr oject” means a line 35 residential development project that meets any of the following line 36 conditions:
line 37 (A)  The project dedicates 100 per cent of units, e xclusive of a line 38 manager’s unit or units, to lower income households, as defined line 39 by Section 50079.5 of the Health and Safety Code. 97 SB 937 — 5 —

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Communication: Senate Bill 937 Bill Text (ITEM 4 Senate Bill 937 – Development Projects: Permits and Other Entitlements: Fees and Charges) line 1 (B)  The project meets the r equirements described in Section line 2 65662.
line 3 (C)  The project is approved by a local government pursuant to line 4 Article 2 (commencing with Section 65912.110) or Article 3 line 5 (commencing with Section 65912.120) of Chapter 4.1. line 6 (D)  The project meets the requirements described in subdivision line 7 (a) of Section 65913.4.
line 8 (E)  The project meets the criteria described in subdivision (c) line 9 of Section 65913.16.
line 10 (F)  The pr oject is entitled to a density bonus pur suant to line 11 subdivision (b) of Section 65915.
line 12 (G)  The project includes 10 or fewer units.
line 13 (d)  The extension granted pursuant to subdi vision (a) shall be line 14 tolled during any time that the housing entitlement is the subject line 15 of a legal challenge.
line 16 (e)  Nothing in this section is intended to preclude a local line 17 government from e xercising its e xisting authority to pro vide an line 18 extension to an entitlement identified in this section. line 19 (f)  The Legislature finds and declares that this section addresses line 20 ensuring planned housing pr ojects can continue without delays line 21 due to expiring entitlements is a matter of statewide concern rather line 22 than and is not a municipal affair as that term is used in Section 5 line 23 of Article XI of the California Constitution. Therefore, this section line 24 applies to all cities, including charter cities. line 25 SEC. 2. Section 66007 of the Government Code is amended line 26 to read:
line 27 66007. (a)  Except as otherwise pro vided in subdivisions (b) line 28 and (g), any local agency that imposes an y fees or char ges on a line 29 residential de velopment for the construction of public line 30 improvements or facilities shall not require the payment of those line 31 fees or charges, notwithstanding any other provision of law, until line 32 the date the certificate of occupanc y is issued. If the residential line 33 development contains more than one dwelling, the local agenc y line 34 may determine whether the fees or charges shall be paid on a pro line 35 rata basis for each dwelling when it recei ves its certificate of line 36 occupancy, on a pro rata basis when a certain percentage of the line 37 dwellings have received their certificate of occupanc y, or on a line 38 lump-sum basis when all the dwellings in the development receive line 39 their certificate of occupancy. For development projects that meet line 40 the conditions in subparagraph (A) of paragraph (2) of subdivision 97 — 6 — SB 937

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Communication: Senate Bill 937 Bill Text (ITEM 4 Senate Bill 937 – Development Projects: Permits and Other Entitlements: Fees and Charges) line 1 (b), the amount due and payable for the fees and charges when the line 2 development receives its certificate of occupancy shall be the same line 3 amount as w ould have been paid had the fees and char ges been line 4 paid prior to the issuance of b uilding permits. The local agenc y line 5 shall not charge interest or other fees on any amount deferred. line 6 (b)  (1)  Notwithstanding subdivision (a), the local agency may line 7 require the payment of those fees or char ges at an earlier time if line 8 the local agenc y determines that the fees or char ges will be line 9 collected for public improvements or facilities for which an account line 10 has been established and funds appropriated and for which the line 11 local agency has adopted a proposed construction schedule and line 12 commenced or will commence construction prior to final inspection line 13 or issuance of the certificate of occupanc y of the de velopment line 14 project. “ Appropriated,” as used in this subdi vision, means line 15 authorization by the governing body of the local agency for which line 16 the fee is collected to make expenditures and incur obligations for line 17 specific purposes.
line 18 (2)  (A)  Paragraph (1) does not apply to units reserv ed for line 19 occupancy by lower income households included in a residential line 20 development proposed by an affordable housing developer in which line 21 at least 49 percent of the total units are reserved for occupancy by line 22 lower income households, as defined in Section 50079.5 of the line 23 Health and Safety Code, at an affordable rent, as defined in Section line 24 50053 of the Health and Safety Code. Fees and charges exempted line 25 from paragraph (1) under this paragraph shall become immediately line 26 due and payable when the residential development no longer meets line 27 the requirements of this paragraph.
line 28 (B)  The exception provided in subparagraph (A) does not apply line 29 to fees and char ges levied pursuant to Chapter 6 (commencing line 30 with Section 17620) of P art 10.5 of Di vision 1 of Title 1 of the line 31 Education Code.
line 32 (c)  If any fee or charge specified in subdivision (a) is not fully line 33 paid prior to issuance of a building permit for construction of any line 34 portion of the residential de velopment encumbered thereby , the line 35 local agency issuing the building permit may withhold certificate line 36 of occupanc y for the de velopment project until such fees and line 37 charges specified in subdivision (a) are fully paid. line 38 (d)  This section applies only to fees collected by a local agency line 39 to fund the construction of public impro vements or f acilities. It line 40 does not apply to fees collected to co ver the cost of code 97 SB 937 — 7 —

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Communication: Senate Bill 937 Bill Text (ITEM 4 Senate Bill 937 – Development Projects: Permits and Other Entitlements: Fees and Charges) line 1 enforcement or inspection services, or to other fees collected to line 2 pay for the cost of enforcement of local ordinances or state law. line 3 (e)  “Final inspection” or “certificate of occupancy,” as used in line 4 this section, have the same meaning as described in Sections 305 line 5 and 307 of the Uniform Building Code, International Conference line 6 of Building Officials, 1985 edition.
line 7 (f)  Methods of complying with the requirement in subdivision line 8 (b) that a proposed construction schedule or plan be adopted, line 9 include, b ut are not limited to, (1) the adoption of the capital line 10 improvement plan described in Section 66002, or (2) the submittal line 11 of a fiv e-year plan for construction and rehabilitation of school line 12 facilities pursuant to subdi vision (c) of Section 17017.5 of the line 13 Education Code.
line 14 (g)  A local agency may defer the collection of one or more fees line 15 up to the close of escrow. This subdivision shall not apply to fees line 16 and char ges le vied pursuant to Chapter 6 (commencing with line 17 Section 17620) of P art 10.5 of Di vision 1 of Title 1 of the line 18 Education Code.
line 19 SEC. 2. Section 66007 of the Government Code is amended to line 20 read:
line 21 66007. (a)  Except as otherwise pro vided in subdivisions (b) line 22 and (g), (h), any local agency that imposes any fees or charges on line 23 a residential de velopment for the construction of public line 24 improvements or facilities shall not require the payment of those line 25 fees or charges, notwithstanding any other provision of law, until line 26 the date of the final inspection, or the date the certificate of line 27 occupancy is issued, whiche ver occurs first. Ho wever, utility line 28 service fees related to connections may be collected at the time line 29 an application for utility service is received. received, provided line 30 that those fees do not e xceed the costs incurr ed by the utility line 31 provider resulting from the connection activities. If the residential line 32 development contains more than one dwelling, the local agenc y line 33 may determine whether the fees or charges shall be paid on a pro line 34 rata basis for each dwelling when it recei ves its final inspection line 35 or certificate of occupanc y, whichever occurs first; on a pro rata line 36 basis when a certain percentage of the dwellings ha ve received line 37 their final inspection or certificate of occupancy, whichever occurs line 38 first; or on a lump-sum basis when the first dwelling in the line 39 development recei ves its final inspection or certificate of line 40 occupancy, whichever occurs first.
97 — 8 — SB 937

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Communication: Senate Bill 937 Bill Text (ITEM 4 Senate Bill 937 – Development Projects: Permits and Other Entitlements: Fees and Charges) line 1 (b)  (1)  Notwithstanding subdivision (a), the local agency may line 2 require the payment of those fees or char ges at an earlier time if line 3 (A) the local agenc y determines that the fees or char ges will be line 4 collected for public improvements or facilities for which an account line 5 has been established and funds appropriated and for which the line 6 local agency has adopted a proposed construction schedule or plan line 7 prior to final inspection or issuance of the certificate of occupancy line 8 or (B) the fees or char ges are to reimb urse the local agenc y for line 9 expenditures pre viously made. “ Appropriated,” as used in this line 10 subdivision, means authorization by the go verning body of the line 11 local agency for which the fee is collected to mak e expenditures line 12 and incur obligations for specific purposes.
line 13 (2)  (A)  Paragraph (1) does not apply to units reserv ed for line 14 occupancy by lower income households included in a residential line 15 development proposed by a nonprofit housing developer in which line 16 at least 49 percent of the total units are reserved for occupancy by line 17 lower income households, as defined in Section 50079.5 of the line 18 Health and Safety Code, at an affordable rent, as defined in Section line 19 50053 of the Health and Safety Code. In addition to the contract line 20 that may be required under subdivision (c), (d), a city, county, or line 21 city and county may require the posting of a performance bond or line 22 a letter of credit from a federally insured, recognized depository line 23 institution to guarantee payment of an y fees or char ges that are line 24 subject to this paragraph. Fees and char ges e xempted from line 25 paragraph (1) under this paragraph shall become immediately due line 26 and payable when the residential de velopment no longer meets line 27 the requirements of this paragraph.
line 28 (B)  The exception provided in subparagraph (A) does not apply line 29 to fees and char ges levied pursuant to Chapter 6 (commencing line 30 with Section 17620) of P art 10.5 of Di vision 1 of Title 1 of the line 31 Education Code.
line 32 (c)  All of the following apply to priority residential development line 33 projects:
line 34 (1)  If a local a gency imposes any fees or c harges on the line 35 residential de velopment for the construction of public line 36 improvements or facilities, then all of the following conditions line 37 apply:
line 38 (A)  Notwithstanding any other law, the local agency shall not line 39 require the payment of those fees or c harges until the date the line 40 certificate of occupancy is issued. Howe ver, utility service fees 97 SB 937 — 9 —

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Communication: Senate Bill 937 Bill Text (ITEM 4 Senate Bill 937 – Development Projects: Permits and Other Entitlements: Fees and Charges) line 1 related to connections may be collected at the time an application line 2 for service is received, provided that those fees do not exceed the line 3 costs incurred by the utility provider resulting from the connection line 4 activities
line 5 (B)  The amount of the fees and charges shall be the same amount line 6 as would have been paid had the fees and charges been paid prior line 7 to the issuance of building permits, and the local agency shall not line 8 charge interest or other fees on any amount deferred pursuant to line 9 this paragraph.
line 10 (C)  If the de velopment contains mor e than one dwelling , the line 11 local agency may determine whether the fees or charges described line 12 shall be paid on a pro rata basis for each dwelling when it receives line 13 its certificate of occupancy , on a pr o rata basis when a certain line 14 percentage of the dwellings have r eceived their certificate of line 15 occupancy, or on a lump-sum basis when all the dwellings in the line 16 development receive their certificate of occupancy. line 17 (2)  (A)  Notwithstanding paragraph (1), the local a gency may line 18 require the payment of those fees or c harges at an earlier time if line 19 (i) the local a gency determines that the fees or c harges will be line 20 collected for public improvements or facilities for which an account line 21 has been established and funds appr opriated and for whic h the line 22 local agency has adopted a pr oposed construction sc hedule or line 23 plan prior to final inspection or issuance of the certificate of line 24 occupancy or (ii) the fees or c harges are to reimburse the local line 25 agency for expenditures previously made. “Appropriated,” as used line 26 in this paragraph, means authorization by the governing body of line 27 the local agency for which the fee is collected to make expenditures line 28 and incur obligations for specific purposes.
line 29 (B)  (i)  Subparagraph (A) does not apply to units r eserved for line 30 occupancy by lower income households included in a residential line 31 development proposed by a nonprofit housing developer in which line 32 at least 49 per cent of the total units ar e reserved for occupancy line 33 by lower income households, as defined in Section 50079.5 of the line 34 Health and Safety Code, at an affordable rent, as defined in Section line 35 50053 of the Health and Safety Code. In addition to the contract line 36 that may be required under subdivision (d), a city, county, or city line 37 and county may r equire the posting of a performance bond or a line 38 letter of cr edit from a feder ally insured, recognized depository line 39 institution to guarantee payment of any fees or c harges that are line 40 subject to this par agraph. F ees and c harges e xempted fr om 97 — 10 — SB 937

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Communication: Senate Bill 937 Bill Text (ITEM 4 Senate Bill 937 – Development Projects: Permits and Other Entitlements: Fees and Charges) line 1 subparagraph (A) under this subpar agraph shall become line 2 immediately due and payable when the r esidential development line 3 no longer meets the requirements of this subparagraph. line 4 (ii)  The exception provided in clause (i) does not apply to fees line 5 and c harges le vied pur suant to Chapter 6 (commencing with line 6 Section 17620) of Part 10.5 of Division 1 of Title 1 of the Education line 7 Code.
line 8 (3)  If the local agency does not issue certificates of occupancy line 9 for the type of r esidential de velopments described in this line 10 subdivision, the final inspection shall serve as the certificate of line 11 occupancy.
line 12 (4)  For purposes of this subdivision, “priority r esidential line 13 development project” means a r esidential de velopment project line 14 that meets any of the following conditions:
line 15 (A)  The project dedicates 100 per cent of units, e xclusive of a line 16 manager’s unit or units, to lower income households, as defined line 17 by Section 50079.5 of the Health and Safety Code. line 18 (B)  The project meets the r equirements described in Section line 19 65662.
line 20 (C)  The project is approved by a local government pursuant to line 21 Article 2 (commencing with Section 65912.110) or Article 3 line 22 (commencing with Section 65912.120) of Chapter 4.1. line 23 (D)  The project meets the requirements described in subdivision line 24 (a) of Section 65913.4.
line 25 (E)  The project meets the criteria described in subdivision (c) line 26 of Section 65913.16.
line 27 (F)  The pr oject is entitled to a density bonus pur suant to line 28 subdivision (b) of Section 65915.
line 29 (G)  The project includes 10 or fewer units.
line 30 (c)
line 31 (d)  (1)  If any fee or charge specified in subdivision (a) or (c) line 32 is not fully paid prior to issuance of a b uilding permit for line 33 construction of an y portion of the residential de velopment line 34 encumbered thereby, the local agency issuing the building permit line 35 may require the property o wner, or lessee if the lessee’ s interest line 36 appears of record, as a condition of issuance of the building permit, line 37 to execute a contract to pay the fee or charge, or applicable portion line 38 thereof, within the time specified in subdivision (a). (a) or (c). If line 39 the fee or charge is prorated pursuant to subdivision (a), (a) or (c), line 40 the obligation under the contract shall be similarly prorated. 97 SB 937 — 11 —

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Communication: Senate Bill 937 Bill Text (ITEM 4 Senate Bill 937 – Development Projects: Permits and Other Entitlements: Fees and Charges) line 1 (2)  The obligation to pay the fee or char ge shall inure to the line 2 benefit of, and be enforceable by , the local agenc y that imposed line 3 the fee or charge, regardless of whether it is a party to the contract. line 4 The contract shall contain a le gal description of the property line 5 affected, shall be recorded in the office of the county recorder of line 6 the county and, from the date of recordation, shall constitute a lien line 7 for the payment of the fee or char ge, which shall be enforceable line 8 against successors in interest to the property owner or lessee at the line 9 time of issuance of the b uilding permit. The contract shall be line 10 recorded in the grantor -grantee index in the name of the public line 11 agency issuing the building permit as grantee and in the name of line 12 the property o wner or lessee as grantor . The local agenc y shall line 13 record a release of the oblig ation, containing a le gal description line 14 of the property, in the event the obligation is paid in full, or a partial line 15 release in the e vent the fee or char ge is prorated pursuant to line 16 subdivision (a). (a) or (c).
line 17 (3)  The contract may require the property o wner or lessee to line 18 provide appropriate notification of the opening of any escrow for line 19 the sale of the property for which the b uilding permit was issued line 20 and to provide in the escrow instructions that the fee or charge be line 21 paid to the local agency imposing the same from the sale proceeds line 22 in escrow prior to disbursing proceeds to the seller. line 23 (4)  The go verning body of a local a gency may authorize an line 24 officer or employee of the local a gency to appr ove and e xecute line 25 contracts under this subdivision on behalf of the local agency. line 26 (5)  Prior to r equiring e xecution of a contr act under this line 27 subdivision, the local agency shall post a model form of contract line 28 on its internet website.
line 29 (d)
line 30 (e)  This section applies only to fees collected by a local agency line 31 to fund the construction of public impro vements or f acilities. It line 32 does not apply to fees collected to co ver the cost of code line 33 enforcement or inspection services, or to other fees collected to line 34 pay for the cost of enforcement of local ordinances or state law. line 35 (e)
line 36 (f)  “Final inspection” or “certificate of occupanc y,” as used in line 37 this section, have the same meaning as described in Sections 305 line 38 and 307 of the Uniform Building Code, International Conference line 39 of Building Officials, 1985 edition.
line 40 (f)
97 — 12 — SB 937

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Communication: Senate Bill 937 Bill Text (ITEM 4 Senate Bill 937 – Development Projects: Permits and Other Entitlements: Fees and Charges) line 1 (g)  Methods of complying with the requirement in subdivision line 2 (b) that a proposed construction schedule or plan be adopted, line 3 include, b ut are not limited to, (1) the adoption of the capital line 4 improvement plan described in Section 66002, or (2) the submittal line 5 of a fiv e-year plan for construction and rehabilitation of school line 6 facilities pursuant to subdi vision (c) of Section 17017.5 of the line 7 Education Code.
line 8 (g)
line 9 (h)  A local agency may defer the collection of one or more fees line 10 up to the close of escrow. This subdivision shall not apply to fees line 11 and char ges le vied pursuant to Chapter 6 (commencing with line 12 Section 17620) of P art 10.5 of Di vision 1 of Title 1 of the line 13 Education Code.
line 14 SEC. 3. No reimbursement is required by this act pursuant to line 15 Section 6 of Article XIIIB of the California Constitution because line 16 a local agency or school district has the authority to le vy service line 17 charges, fees, or assessments sufficient to pay for the program or line 18 level of service mandated by this act, within the meaning of Section line 19 17556 of the Government Code.

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97 SB 937 — 13 —

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Communication: Senate Bill 937 Bill Text (ITEM 4 Senate Bill 937 – Development Projects: Permits and Other Entitlements: Fees and Charges)

Legislative Committee – May 15, 2024

Senate Bill 1037 – Planning and Zoning: Housing Element: Enforcement

Recommendation

Legislative Committee recommend to oppose Senate Bill 1037.

Summary

Introduced by Senator Scott Wiener (D-11-San Francisco), Senate Bill 1037 would authorize the Attorney General to seek civil penalties in court against local governments for failure to adopt a compliant Housing Element or if the local government does not follow state laws that require ministerial approval of certain housing projects.

This legislation would seek the following penalties if a local government fails to adopt a compliant Housing Element:

• At a minimum, $10,000 per month, not exceeding $50,000 per month, for each violation, accrued from the date of the violation until the violation is cured; • All costs of investigating and prosecuting this action, including expert fees, reasonable attorney’s fees, and costs, whenever the Attorney General prevails; and • Other relief as the court deems appropriate, including equitable and injunctive relief, provisional or otherwise.

Background

In 1982, the Housing Accountability Act (HAA) was enacted, requiring that local governments, under existing planning and zoning law, prepare and adopt a General Plan, including a Housing Element, to guide the future growth of a community. The Housing Element consists of an identification and analysis of existing and projected housing needs and a statement of goals, policies, objectives, financial resources, and scheduled programs for the preservation, improvement, and development of housing.

Senate Bill 167 (Chapter 368, Statutes of 2017), which the City Council opposed at the Regular Meeting on August 22, 2017, amended the HAA, allowing for fines to be imposed for a local governments lack of compliance. Specifically, if a court finds a local government violated the HAA, a court must issue an order or judgment compelling compliance with the HAA within 60 days and may include an order that the local government act on the housing development project.

The plaintiff is entitled to attorney’s fees unless the court finds that awarding fees would not further the purposes of the HAA. If a local government fails to comply within the 60 days, then monetary penalties can be imposed.

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Communication: Senate Bill 1037 – Planning and Zoning: Housing Element: Enforcement (ITEM 5 Senate Bill 1037 – Planning and Zoning:

However, Senate Bill 1037 does not provide an opportunity for local governments to address a genuine difference in interpreting the law. Even jurisdictions acting in good faith would be subject to the significant fines. In Los Angeles County, 16 cities remain out of compliance according to HCD’s Housing Element Review and Compliance Report.

The recommendation to oppose Senate Bill 1037 is consistent with the City of Santa Clarita 2024 Executive and Legislative Platform. Specifically, Component 1 under “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

State of California Attorney General Rob Bonta (Sponsor) Abundant Housing LA
California Community Builders
California YIMBY
SPUR

Opponents

California Contract Cities Association
Catalyst for Local Control
League of California Cities

Bill Status

Senate Bill 1037 passed the Senate Judiciary Committee (9-2) on April 23, 2024, and is pending a Senate Floor vote.

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Communication: Senate Bill 1037 – Planning and Zoning: Housing Element: Enforcement (ITEM 5 Senate Bill 1037 – Planning and Zoning:

AMENDED IN SENATE APRIL 25, 2024
AMENDED IN SENATE MARCH 19, 2024
SENATE BILL No. 1037
Introduced by Senator Wiener
February 6, 2024
An act to add Section 65009.1 to the Go vernment Code, relating to housing.
legislative counsel’s digest
SB 1037, as amended, Wiener. Planning and zoning: housing element:
enforcement.

Existing law, the Planning and Zoning Law, requires a city or county to adopt a general plan for land use development within its boundaries that includes, among other things, a housing element. The Planning and Zoning La w requires the Department of Housing and Community Development (HCD) to determine whether the housing element is in substantial compliance with specified pro visions of that la w. The Planning and Zoning Law requires HCD to notify a city, county, or city and county, and authorizes HCD to notify the office of the Attorney General, that the city, county, or city and county is in violation of state law if the local go vernment has taken action in violation of specified provisions of law. The Planning and Zoning Law also requires, among other things, that an application for a housing development be subject to a specified streamlined, ministerial appro val process if the development satisfies certain objective planning standards.

This bill, in an y action brought by the Attorney General, on behalf of HCD or in an independent capacity , to enforce the adoption of housing element revisions, as specified, or to enforce any state law that requires a city , county, or local agenc y to ministerially appro ve any

97 Packet Pg. 118
Communication: Senate Bill 1037 Bill Text (ITEM 5 Senate Bill 1037 – Planning and Zoning: Housing Element: Enforcement) land use decision or permitting application for a housing development project, as specified, would subject the city, county, or local agency to specified remedies, including a civil penalty of, at minimum, $10,000 per month, and not e xceeding $50,000 per month, for each violation, as specified. The bill would r equire that the penalties set forth in its provisions only apply when local land use decisions or actions ar e arbitrary, capricious, entirely lacking in evidentiary support, contrary to established public policy, unlawful, or procedurally unfair. The bill would require these ci vil penalties, as specified, to be deposited into the Building Homes and Jobs Trust Fund for the sole purpose of supporting the development of affordable housing located in the affected jurisdiction, except as provided, and would require that expenditure of any penalty moneys deposited into the fund under these provisions be subject to appropriation by the Legislature. In the event a city, county, or local agency fails to pay civil penalties imposed by the court, the bill would authorize the court to require the Controller to intercept an y available state and local funds and direct those funds to the Building Homes and Jobs Trust Fund to correct the jurisdiction’s failure to pay, as specified.

The bill would make a related statement of le gislative findings and declarations.

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.

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. The Le gislature finds and declares all of the line 2 following:
line 3 (a)  California has a statewide housing shortage crisis. line 4 (b)  California’s housing crisis stifles economic gro wth, line 5 contributes to the homelessness epidemic, consumes an line 6 ever-growing share of the paychecks of w orking f amilies, and line 7 holds millions of households back from realizing the California line 8 dream of achie ving housing security or home o wnership. line 9 Conversely, ne w construction of residences, particularly line 10 multifamily homes, induces a chain of mo ves, ultimately adding 97 — 2 — SB 1037

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Communication: Senate Bill 1037 Bill Text (ITEM 5 Senate Bill 1037 – Planning and Zoning: Housing Element: Enforcement) line 1 more housing units af fordable to middle- and lo w-income line 2 households.
line 3 (c)  Restrictive zoning, land use planning, and b urdensome line 4 residential permitting practices and policies, at the local le vel in line 5 particular, are a major cause of the shortfall between California’s line 6 housing needs and the available supply of housing. For example, line 7 despite the oblig ations of local go vernments under the Housing line 8 Element La w to update their general plans, including required line 9 rezoning for additional sites to address projected housing needs, line 10 numerous cities and counties continue to delay and, at times even line 11 refuse, to undertake required actions to encourage, promote, and line 12 facilitate the de velopment of housing to accommodate the line 13 established regional housing need. The absence of updated housing line 14 elements that are substantially compliant with state la w causes line 15 unnecessary uncertainty and delay in appro ving housing line 16 development applications. This cumulati ve delay causes man y line 17 local governments to continue to fall behind in meeting their share line 18 of regional housing need.
line 19 (d)  These restrictive practices and policies continue to persist line 20 despite other state wide reforms to e xpedite, streamline, and line 21 ministerially approve the planning and construction of housing of line 22 all types, including housing affordable to persons and families of line 23 lower income. While not exhaustive, these reforms can be found line 24 in the following provisions:
line 25 (1)  Accessory dwelling units, as described in Sections 65852.150 line 26 and 65852.2 of the Government Code.
line 27 (2)  By-right housing, in which certain multif amily housing is line 28 designated a permitted use, as described in Section 65589.4 of the line 29 Government Code.
line 30 (3)  Reduced time for action on affordable housing applications line 31 under the appro val of the de velopment permits process, as line 32 described in Article 5 (commencing with Section 65950) of Chapter line 33 4.5 of Division 1 of Title 7 of the Government Code. line 34 (4)  Streamlining housing approvals during a housing shortage, line 35 as described in Section 65913.4 of the Government Code. line 36 (5)  Streamlining agricultural emplo yee housing de velopment line 37 approvals, as described in Section 17021.8 of the Health and Safety line 38 Code.
line 39 (6)  The Housing Crisis Act of 2019, as described in Chapter line 40 654 of the Statutes of 2019 (Senate Bill 330).
97 SB 1037 — 3 —

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Communication: Senate Bill 1037 Bill Text (ITEM 5 Senate Bill 1037 – Planning and Zoning: Housing Element: Enforcement) line 1 (7)  Allowing four units to be b uilt on single-f amily parcels line 2 statewide, as described in Chapter 162 of the Statutes of 2021 line 3 (Senate Bill 9).
line 4 (8)  The Middle Class Housing Act of 2022, as described in line 5 Section 65852.24 of the Government Code.
line 6 (9)  The Affordable Housing and High Road Jobs Act of 2022, line 7 as described in Chapter 4.1 (commencing with Section 65912.100) line 8 of Division 1 of Title 7 of the Government Code. line 9 (10)  Housing element law requirements and required rezoning line 10 to address unmet housing needs, as described in Chapter 974 of line 11 the Statutes of 2018 (Senate Bill 828) and Chapter 358 of the line 12 Statutes of 2021 (Assembly Bill 1398).
line 13 SEC. 2. Section 65009.1 is added to the Government Code, to line 14 read:
line 15 65009.1. (a)  In any action brought by the Attorney General, line 16 on behalf of the Department of Housing and Community line 17 Development or in an independent capacity, to enforce the adoption line 18 of housing element revisions pursuant to the schedule set forth in line 19 subdivision (e) of Section 65588, or to enforce any state law that line 20 requires a city, county, or local agenc y to ministerially appro ve, line 21 without discretionary review, any land use decision or permitting line 22 application for a housing de velopment project, the city , county, line 23 or local agency shall be subject to the following remedies:
line 24 (1)  A ci vil penalty of, at minimum, ten thousand dollars line 25 ($10,000) per month, and not e xceeding fifty thousand dollars line 26 ($50,000) per month, for each violation, accrued from the date of line 27 the violation until the date the violation is cured. line 28 (2)  (A)  All costs of in vestigating and prosecuting this action, line 29 including e xpert fees, reasonable attorne y’s fees, and costs, line 30 whenever the Attorney General prevails in a civil action to enforce line 31 any state laws under this section.
line 32 (B)  Awards imposed pursuant to this paragraph shall be paid line 33 to the Public Rights La w Enforcement Special Fund established line 34 by Section 12530.
line 35 (3)  (A)  Other relief as the court deems appropriate, including line 36 equitable and injunctive relief, provisional or otherwise. line 37 (B)  Any injunction, pro visional or otherwise, ordered by the line 38 court pursuant to this paragraph shall be deemed to be prohibitory, line 39 and not affirmative.
97 — 4 — SB 1037

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Communication: Senate Bill 1037 Bill Text (ITEM 5 Senate Bill 1037 – Planning and Zoning: Housing Element: Enforcement) line 1 (b)  The purpose of this section is to ensure that, where penalties line 2 set forth in this section shall only apply when local land use line 3 decisions or actions are arbitrary , capricious, entirely lacking in line 4 evidentiary support, contrary to established public policy, unlawful, line 5 or procedurally unfair, unfair. The purpose of this section is to line 6 ensure adequate remedies are a vailable to ensure that state la ws line 7 mandating streamlined, ministerial appro vals related to housing line 8 development projects, and the timely adoption of housing element line 9 revisions, are promptly and faithfully followed. line 10 (c)  (1)  Any civil penalty le vied pursuant to this section shall line 11 be deposited into the Building Homes and Jobs Trust Fund for the line 12 sole purpose of supporting the development of affordable housing line 13 located in the af fected jurisdiction. Expenditure of an y penalty line 14 moneys deposited into the Building Homes and Jobs Trust Fund line 15 pursuant to this subdi vision shall be subject to appropriation by line 16 the Legislature.
line 17 (2)  Any penalty imposed pursuant to this section shall not be line 18 paid out of funds already dedicated to af fordable housing, line 19 including, but not limited to, very low, low-, and moderate-income line 20 households.
line 21 (3)  To the extent permitted under the California Constitution, line 22 in the e vent a city , county , or local agenc y f ails to pay ci vil line 23 penalties imposed by the court, the court may require the Controller line 24 to intercept an y available state and local funds and direct those line 25 funds to the Building Homes and Jobs Trust Fund to correct the line 26 jurisdiction’s failure to pay.
line 27 (4)  Notwithstanding paragraph (1), if the penalty moneys have line 28 not been e xpended five years after deposit, the penalty mone ys line 29 may be used, upon appropriation, to finance ne wly constructed line 30 affordable housing units in the state without an y geographic line 31 restrictions.
line 32 (d)  The liability, penalties, and remedies imposed by this section line 33 are in addition to an y other liability , penalties, and remedies line 34 imposed by any other law.
line 35 SEC. 3. The Legislature finds and declares that the lack of line 36 housing is a matter of state wide concern and is not a municipal line 37 affair as that term is used in Section 5 of Article XI of the line 38 California Constitution. Therefore, the Le gislature clarifies that 97 SB 1037 — 5 —

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Communication: Senate Bill 1037 Bill Text (ITEM 5 Senate Bill 1037 – Planning and Zoning: Housing Element: Enforcement) line 1 Section 2 of this act adding Section 65009.1 to the Go vernment line 2 Code applies to all cities, including charter cities.

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97 — 6 — SB 1037

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Communication: Senate Bill 1037 Bill Text (ITEM 5 Senate Bill 1037 – Planning and Zoning: Housing Element: Enforcement)

Legislative Committee – May 15, 2024

Senate Bill 1416 – Sentencing Enhancements: Sale, Exchange, or Return of Stolen Property

Recommendation

Legislative Committee recommend support of Senate Bill 1416.

Summary

Introduced by Senator Josh Newman (D-29-Anaheim), Senate Bill 1416 imposes a sentence enhancement for selling, exchanging, or returning, any property acquired through acts of thefts from a retail business. This legislation would increase the penalties if the stolen goods are more than $50,000, as follows:

• If the value of the property exceeds $50,000 the court, in addition to the punishment for the crime of which the defendant has been convicted, shall impose an additional term of one year.
• If the value of the property exceeds $200,000 the court, in addition to the punishment for the crime of which the defendant has been convicted, shall impose an additional term of two years.
• If the value of the property exceeds $1,000,000, the court, in addition to the punishment for the crime of which the defendant has been convicted, shall impose an additional term of three years.
• If the value of the property exceeds $3,000,000, the court, in addition to the punishment for the crime of which the defendant has been convicted, shall impose an additional term of four years.
• For each property value of $3,000,000, the court shall impose a term of one year in addition to the term specified above.

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.

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Communication: Senate Bill 1416 – Sentencing Enhancements: Sale, Exchange, or Return of Stolen Property (ITEM 6 Senate Bill 1416 – 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.

Moreover, commercial burglary has become increasingly dependent on resale operations of stolen goods, most commonly online third-party marketplaces. According to a 2023 report by the National Retail Federation, the median organized retail crime operation handled approximately $250,000 in stolen merchandise prior to being apprehended by law enforcement.

The recommendation to support Senate Bill 1416 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

California Retailers Association
League of California Cities

Opponents

San Francisco Public Defender

Bill Status

Senate Bill 1416 passed the Senate Public Safety Committee (5-0) on April 9, 2024, and is pending a hearing in the Senate Appropriations Committee.

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Communication: Senate Bill 1416 – Sentencing Enhancements: Sale, Exchange, or Return of Stolen Property (ITEM 6 Senate Bill 1416 – AMENDED IN SENATE APRIL 16, 2024
AMENDED IN SENATE MARCH 20, 2024
SENATE BILL No. 1416
Introduced by Senator Newman
(Coauthor: Senator Allen)
February 16, 2024
An act to add Section 12022.10 to the Penal Code, relating to crimes. legislative counsel’s digest
SB 1416, as amended, Newman. Sentencing enhancements: sale, exchange, or return of stolen property.

Existing law defines types of theft, including petty theft, grand theft, and shoplifting. Existing law also defines the crime of burglary, which consists of entering specified b uildings, places, or v ehicles with the intent to commit grand or petty theft or a felony.

This bill w ould create sentencing enhancements for selling, exchanging, or returning for value, or attempting to sell, exchange, or return for v alue, any property acquired through one or more acts of shoplifting, theft, or b urglary from a retail b usiness, if the property value e xceeds specified amounts. The bill w ould additionally mak e these enhancements apply to any person acting in concert with another person to violate these pro visions. By adding ne w sentencing enhancements, this bill would impose a state-mandated local program.

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

Statutory provisions establish procedures for making that reimbursement.

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

97 Packet Pg. 126
Communication: Senate Bill 1416 Bill Text (ITEM 6 Senate Bill 1416 – Sentencing Enhancements: Sale, Exchange, or Return of Stolen Property) Vote: majority. Appropriation: no. Fiscal committee: yes.​ State-mandated local program: yes.​
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 12022.10 is added to the Penal Code, to line 2 read:
line 3 12022.10. (a)  When any a person sells, exchanges, or returns line 4 for value, or attempts to sell, exchange, or return for value, property line 5 acquired through one or more acts of shoplifting, theft, or burglary line 6 from a retail b usiness, whether or not the person committed the line 7 act of shoplifting, theft, or b urglary, the court shall impose an line 8 additional term as follows:
line 9 (1)  If the property v alue e xceeds fifty thousand dollars line 10 ($50,000), the court, in addition and consecutive to the punishment line 11 prescribed for the crime of which the defendant has been convicted, line 12 shall impose an additional term of one year.
line 13 (2)  If the property value exceeds two hundred thousand dollars line 14 ($200,000), the court, in addition and consecuti ve to the line 15 punishment prescribed for the crime of which the defendant has line 16 been convicted, shall impose an additional term of two years. line 17 (3)  If the property v alue e xceeds one million dollars line 18 ($1,000,000), the court, in addition and consecuti ve to the line 19 punishment prescribed for the crime of which the defendant has line 20 been convicted, shall impose an additional term of three years. line 21 (4)  If the property v alue e xceeds three million dollars line 22 ($3,000,000), the court, in addition and consecuti ve to the line 23 punishment prescribed for the crime of which the defendant has line 24 been convicted, shall impose an additional term of four years. line 25 (5)  For each property value of three million dollars ($3,000,000), line 26 the court shall impose a term of one year in addition to the term line 27 specified in paragraph (4).
line 28 (b)  When an y a person acts in concert with another to sell, line 29 exchange, or return for v alue, or attempts to sell, e xchange, or line 30 return for v alue, property acquired through one or more acts of line 31 shoplifting, theft, or b urglary from a retail b usiness, whether or line 32 not the person committed the act of shoplifting, theft, or burglary, line 33 the court shall impose the additional term specified in subdivision line 34 (a).
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Communication: Senate Bill 1416 Bill Text (ITEM 6 Senate Bill 1416 – Sentencing Enhancements: Sale, Exchange, or Return of Stolen Property) line 1 (c)  In an accusatory pleading in volving multiple char ges of line 2 sales, exchanges, or returns for value, or attempts to do the same, line 3 the additional terms pro vided in this section may be imposed if line 4 the aggregate value of the property involved exceeds the amounts line 5 specified in this section and arises from a common scheme or plan. line 6 All pleadings under this section are subject to the rules of joinder line 7 and severance stated in Section 954.
line 8 (d)  The additional terms pro vided in this section shall not be line 9 imposed unless the facts relating to the amounts pro vided in this line 10 section are charged in the accusatory pleading and admitted by the line 11 defendant or found to be true by the trier of fact. line 12 (e)  Notwithstanding any other la w, the court may impose an line 13 enhancement pursuant to this section and another section on a line 14 single count.
line 15 SEC. 2. No reimbursement is required by this act pursuant to line 16 Section 6 of Article XIIIB of the California Constitution because line 17 the only costs that may be incurred by a local agenc y or school line 18 district will be incurred because this act creates a ne w crime or line 19 infraction, eliminates a crime or infraction, or changes the penalty line 20 for a crime or infraction, within the meaning of Section 17556 of line 21 the Government Code, or changes the definition of a crime within line 22 the meaning of Section 6 of Article XIII B of the California line 23 Constitution.

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Communication: Senate Bill 1416 Bill Text (ITEM 6 Senate Bill 1416 – Sentencing Enhancements: Sale, Exchange, or Return of Stolen Property)