AMENDED IN SENATE APRIL 1, 2025
SENATE BILL No. 677
Introduced by Senator Wiener
(Coauthor: Assembly Member Wicks)
February 21, 2025
An act to amend Section 4751 of the Civil Code, and to amend Sections 65852.21, 65913.4, and 66411.7 of the Government Code, and to amend Section 30500.1 of the Publie Resourees Code, relating to land use.
LEGISLATIVE COUNSEL'S DIGEST
SB 677, as amended, Wiener. Housing development: streamlined approvals.
(1) Existing law, the Planning and Zoning Law, requires a proposed housing development containing no more than 2 residential units within a single-family residential zone to be considered ministerially, without discretionary review or hearing, if the proposed housing development meets certain requirements.
This bill would require ministerial approval for proposed housing developments containing no more than 2 residential units on any lot hosting a single-family home or zoned for 4 or fewer residential units, notwithstanding any covenant, condition, or restriction imposed by a common interest development association.
Existing law prohibits ministerial approval for proposed housing developments that would require the demolition or alteration of housing that, among other things, has been occupied by a tenant in the last three years.
This bill would provide an exception to that prohibition for housing located in a county subject to a state of emergency declaration, as 98 SB 677 — 2 —
specified. The bill would also provide an exemption to the prohibition if a structure on the development site that includes at least one housing unit was involuntarily damaged or destroyed by an earthquake, other catastrophic event, or the public enemy.
ixıstıng law authorizes a local agency to impose objective zonıns standards, objective subdivision standards, and objective design reviev standards on the proposed housing development, except as specified, including that (1) the imposed standards may not have the effect of physically precluding a unit from being at least 800 square feet in floor area, (2) a local agency's authority to impose, among other things, setbacks, is restricted, and (3) the local agency is prohibited from imposing standards that do not apply uniformly to development within the underlying zone.
This bill would revise and recast those provisions to, among other things, as to the exceptions specified above, raise the minimum size of a unit to 1,750 net habitable square feet, revise a local agency's authority to impose setbacks, and, in addition to objective standards, prohibit a local agency from imposing permitting requirements that do not apply uniformly to development within the underlying zone, except as specified. The bill would prohibit a local agency from imposing a low-income deed restriction or covenant that restricts rents, as specified.
The bill would prohibit local agencies from using or imposing any standards other than those provided by its provisions.
Existing law authorizes a local agency to adopt an ordinance to implement these provisions.
This bill would require a local agency that has adopted an ordinance to submit a copy of that ordinance to the Department of Housing and Community Development within 60 days after adoption, as specified.
The bill would authorize the department to review the ordinance and submit written findings to the local agency as to whether the ordinance is in compliance with these provisions. Should the department conclude an ordinance is not in compliance, the bill would establish a process for the department to notify the local agency and the local agency to amend the ordinance or adopt the ordinance without changes, as provided. The bill would require the local agency to include the ordinance with the annual housing element report.
The bill would prohibit a local agency from denying a proposed housing development due to the presence of preexisting issues under specified conditions, including that the issues do not present a threat to public health and safety.
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The bill would also require a local agency to provide applicants with a single application for a housing development that falls under these provisions and also involves an urban lot split to review both applications concurrently.
This bill would prohibit the imposition of an impact fee, as defined, upon a proposed housing development that is less than 1,750 square feet and require any impact fees imposed on proposed developments of 1,750 square feet or greater to be charged proportionately. (2) The Planning and Zoning Law authorizes a development roponent to submit an application for a multifamily housing evelopment that is subject to a streamlined, ministerial approva process, as provided, and not subject to a conditional use permit, if the development satisfies specified objective planning standards. These standards include that, among other things, the development is subject to a requirement mandating a minimum percentage of below market rate housing because the locality's latest production report reflects there were fewer units of affordable housing issued building permits than required for the regional housing needs assessment cycle for that period and the project seeking approval dedicates 50 percent of the units to affordable housing, as specified. The standards include that the development is not located on a site that meets specified environmental criteria. The standards also include that the development is not located on a site that would require the demolition of specified types housing, including, among others, a historic structure that was placed on a national, state, or local historic register.
The bill would revise the first planning standard so that it would be met if a development meets the above-described criteria and dedicates 20 percent of the units to affordable housing, as specified. The bill would revise the second planning standard so that it would be met if a development is not located within a site that meets specified criteria.
The bill would revise the third planning standard to instead include a development is not located on a site that would require the demolition of a property individually listed on the National Register of Historic Places or the California Register of Historical Resources historic or of a contributing structure located within a historic district included on the National Register of Historic Places or the California Register of Historical Resources. The bill would also exempt a proposed housing development from restrictions on demolition if a structure on the development site that includes at least one housing unit was involuntarily 98 SB 677 - 4-
damaged or destroyed by an earthquake, other catastrophic event, or the public enemy.
Existing law provides that a development is consistent with the objective planning standards in these provisions if there is substantial evidence that would allow a reasonable person to conclude that the development is consistent and prohibits a local government from determining a development is in conflict on a specified basis, as provided.
This bill would require the local government to bear the burden of proof in any evaluation of a development related to compliance with objective planning standards related to specified environmental criteria, as provided. The bill would require a local government to demonstrate, with a preponderance of the evidence, that the development does not comply with the applicable environmental criteria established under state or federal law, as provided.
Existing law defines a "reporting period" as either the first or last half of the regional housing needs assessment cycle.
This bill would require the reporting period to instead include each quarter of the regional housing needs assessment cycle. (3) The Subdivision Map Act vests the authority to regulate and hose maps. Existing law requires a local agency to ministerially approve 1 parcel map for an urban lot split that meets certain requirements previously subdivided an adjacent parcel using an urban lot split, as provided.
This bill would remove the requirement that one parcel of a split lot be no smaller than 40% of the lot area of the original parcel and would exempt both newly created lots from following certain additional requirements, as specified. The bill would also remove the prohibitior against owners who have previously subdivided an adjacent parcel usins an urban lot split.
Existing law prohibits ministerial approval for a proposed urban lo1 plit that would require the demolition or alteration of housing that among other things, has been occupied by a tenant in the last three years.
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The bill would exempt a lot split from restrictions on demolition if a structure on the development site that includes at least one housing unit was involuntarily damaged or destroyed by an earthquake, other catastrophic event, or the public enemy.
Existing law authorizes a local agency, except as provided, to impose objective zoning standards, objective subdivision standards, and objective design review standards related to the design or improvements of a parcel subject to an urban lot split, including that the imposed standards may not have the effect of physically precluding a unit being constructed on either of the resulting parcels from being at least 800 square feet. Existing law allows a local agency to require specified conditions when considering an application for a parcel map for an urban lot split, including access requirements.
This bill would revise and recast those provisions to, among other things, prohibit a local agency from imposing standards that would have the effect of physically precluding an urban lot split from occurring or i unit being constructed on either of the resulting parcels from being it least 1.750 net habitable square feet. The bill would also revise anc recast the restrictions on a local agency's authority to impose a setback, as provided. The bill would prohibit a local agency from imposing a driveway requirement width requirement, as provided.
This bill would specify that a local agency's access requirement may not physically preclude the lot split from occurring if another access method would facilitate the lot split.
The bill would require a local agency to provide applicants with a single application for an urban lot split that falls under these provisions and also includes a proposed housing development that falls under the provisions discussed above to review both applications concurrently.
Under existing law, a local agency must require an applicant for an urban lot split to sign an affidavit stating that the applicant intends to occupy one of the housing units as their principal residence, as specified.
This bill would remove the requirement that an applicant sign an affidavit stating that the applicant intends to occupy one of the housing units as their principal residence and prohibit a local agency from using or imposing any additional standards, except as specified.
Existing law authorizes a local agency to adopt an ordinance to implement these provisions.
This bill would require a local agency that has adopted an ordinance to submit a copy of that ordinance to the Department of Housing and Community Development within 60 days after adoption, as specified. 98 SB 677 -6-
The bill would authorize the department to review the ordinance and submit written findings to the local agency as to whether the ordinance is in compliance with these provisions. Should the department conclude an ordinance is not in compliance, the bill would establish a process for the department to notify the local agency and the local agency to amend the ordinance or adopt the ordinance without changes, as provided.
condominium map that
development, as provided. The bill would prohibit the imposition of an impact fee upon an urban lot split, as specified.
(4) Existing law authorizes a local agency, by ordinance, to provide for the creation of accessory dwelling units (ADUs) in areas zoned for residential use and requires ministerial approval of ADUs, as specified.
Existing law, the Davis-Shirling Common Inerest Development Act the management and operation of common
developments. Existing law makes void and unenforceable any covenant, restriction, or condition contained in any deed, contract, security instrument, or other instrument affecting the transfer or sale of any interest in a planned development, and any provision of a governing document, that effectively prohibits or unreasonably restricts the construction or use of an accessory dwelling unit or junior accessory dwelling unit on a lot zoned for single-family residential use that meets the above-described requirements established for those units, except as provided.
This bill would, additionally, apply the above-described provisions to housing developments and urban lot splits receiving ministerial approval, as specified
(5) Existing law, the California Coastal Act of 1976, establishes the California Coastal Commission and prescribes the powers and responsibilities of the commission with regard to the regulation of development along the California coast. The act prohibits a local coastal program from being required to include housing policies and programs.
This bill would express the intent of the Legislature to achieve the goal of increasing the supply of housing in the coastal zone while also proteeting coastal resourees and publie coastal access, as provided. On or by July 1, 2026, the bill would require any local government in the coastal zone that has not done so to submit an amendment to its local eoastal program that harmonizes the aet with the provisions of this bill coneerning ministerial approval of proposed housing developments and 98 - 7 - SB 677
urban lot splits, as provided. The bill would speeify eriteria that would allow a local government's amendment to be processed as de minimis, as speeified.
Existing law specifies that proposed housing developments and urban lot splits considered ministerially under the above-described provisions of this bilt may be required to obtain a coastal development permit, but a local agency is not required to hold public hearings for coastal development permit applications, as provided.
This bill would instead specify that these provisions do not relieve a proposed housing development's or urban lot split's requirement to obtain a coastal development permit if the proposed activity would take place in the coastal zone, as provided.
(6) The bill would define key terms and make nonsubstantive and conforming changes.
(7) By increasing the duties of local agencies with respect to land use regulations, the bill would impose a state-mandated local program. (8) The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities. (9) 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:
1 SECTION 1. Section 4751 of the Civil Code is amended to read:
4751. (a) Any covenant, restriction, or condition contained in any deed, contract, security instrument, or other instrument 5 affecting the transfer or sale of any interest in a planned 6 development, and any provision of a governing document, that 7 either effectively prohibits or unreasonably restricts the 8 9
10 11 Section 66314) or Article 3 (commencing with Section 66333) of 98 SB 677 — 8 —
1 Chapter 13 of Division 1 of Title 7, or of a housing development pursuant to Section 65852.21 of the Government Code, or an urban 3 lot split pursuant to Section 66411.7 of the Government Code, is 4 void and unenforceable.
5 (b) This section does not apply to provisions that impose 6 reasonable restrictions on accessory dwelling units or junior accessory dwelling units or a housing development pursuant to 8 Section 65852.21 of the Government Code or an urban lot split pursuant to 66411.7 of the Government Code. For purposes of this 10 subdivision, "reasonable restrictions" means restrictions that do 11 not unreasonably increase the cost to construct, effectively prohibit 12 the construction of, or extinguish the ability to otherwise construct, 13 an accessory dwelling unit or junior accessory dwelling unit 14 consistent with the provisions of Article 2 (commencing with 15 Section 66314) or Article 3 (commencing with Section 66333) of 16 Chapter 13 of Division 1 of Title 7, or a housing development 17 pursuant to Section 65852.21 of the Government Code, or an urban 18 lot split pursuant to Section 66411.7 of the Government Code. 19 SEC. 2. Section 65852.21 of the Government Code is amended 20 to read:
21 65852.21. (a) Notwithstanding any covenant, condition, or 22 restriction set by an association, a proposed housing development 23 containing no more than two residential units on any lot hosting 24 a single-familv home or zoned for four or fewer residential units 25 shall be considered ministerially, without discretionary review oi 26 a hearing, if the proposed housing development meets all of the 27 following requirements:
28 (1) The parcel subject to the proposed housing development is 9 located within a city, the boundaries of which include some portio 30 f either an urbanized area or urban cluster, as designated by thi 31 United States Census Bureau, or, for unincorporated areas, a legal 32 parcel wholly within the boundaries of an urbanized area or urban 33 cluster, as designated by the United States Census Bureau. 34 (2) The parcel satisfies the requirements specified in 35 subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision 36 (a) of Section 65913.4.
37 (3) (A) Notwithstanding any provision of this section or any 38 local law, the proposed housing development would not require 39 demolition or alteration of any of the following types of housing:
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(i) Housing that is subject to a recorded covenant, ordinance, 2 or law that restricts rents to levels affordable to persons and 3 families of moderate income, as defined in subdivision (m) of Section 65582, or lower income, as defined in subdivision (1) of Section 65582.
(ii) Housing that is subject to any form of rent or price control through a public entity's valid exercise of its police power. (ill) Housing that has been occupied by a tenant in the last three 9 years, except for housing in any county subject to a state of from the date of the declaration.
(B) This paragraph shall not apply if a structure on the development site that includes at least one housing unit was 16 involuntarily damaged or destroyed by an earthquake, other catastrophic event, or the public enemy.
(4) The parcel subject to the proposed housing development is not a parcel on which an owner of residential real property has exercised the owner's rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within 15 vears before the date 23 that the development proponent submits an application. 24 (5) The development is not located within a historic district or 25 roperty included on the State Historic Resources Inventory, a 6 defined in Section 5020.1 of the Public Resources Code, or withir 27 a site that is designated or listed as a city or county landmark or 28 historic property or district pursuant to a city or county ordinance. 29 (b) (1) (A) Notwithstanding any local law and except as 30 provided in paragraphs (2) and (3), a local agency may impose 31 objective zoning standards, objective subdivision standards, and 32 objective design review standards that do not conflict with this 33 section.
34 B) Notwithstanding subparagraph (A), a local agency may only 35 impose a front setback with respect to the original lot line 36 (2) (A) The local agency shall not impose objective zoning 37 standards, objective subdivision standards, and objective design 38 standards that would have the effect of physically precluding the 39 construction of up to two units or that would physically preclude 98 SB 677 - 10 -
1 either of the two units from being at least 1,750 net habitable square 2 feet in floor area.
3 (B) (i) Notwithstanding subparagraph (A), no setback, height limitation, lot coverage limitation, floor area ratio, or other standard 5 that would limit residential development capacity shall be required 6 for an existing structure or a structure constructed in the same location and within the same dimensions as an existing structure. 8 (l1) Notwithstanding subparagraph (A), in all other circumstances 9 not described in clause (i), a local agency may require a setback 10 from the original lot line of up to four feet from the side and rear 11 12 (ill) A local agency shall not require a setback between the units, 13 except as required in the California Building Standards Code (Title 14 24 of the California Code of Regulations).
15 (3) A local agency shall not impose objective zoning standards, 16 objective subdivision standards, objective design standards, or 17 permitting requirements that do not apply uniformly to 18 development within the underlying zone. This subdivision shall 19 not prevent a local agency from adopting or imposing objective 20 zoning standards, objective subdivision standards, objective design 21 standards, or permitting requirements on development authorized 22 by this section if those standards are more permissive than 23 applicable standards within the underlying zone.
24 (4) A local agency shall not require a deed restriction or 25 covenant that restricts rents to the levels affordable to persons and families of moderate income, as defined in subdivision (m) of 27 Section 65582, or lower income, as defined in subdivision (1) of 28 Section 65582.
29 (5) This section establishes the maximum standards that a local 30 agency shall use to evaluate a housing development proposed 31 pursuant to this section. No additional standards, other than those 32 provided in this section, shall be used or imposed, including an 33 owner occupancy requirement.
34 (c) A local agency may require any of the following conditions 35 when considering an application for two residential units as 36 provided for in this section:
37 (1) Offstreet parking of up to one space per unit, except that 38 local agency shall not impose parking requirements in any of the 39 98
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1 (A) The parcel is located within one-half mile walking distance 2 of either a high-quality transit corridor, as defined in subdivision 3 (b) of Section 21155 of the Public Resources Code, or a major 4 transit stop, as defined in Section 21064.3 of the Public Resources 5 Code.
(B) There is a car share vehicle located within one block of the (2) For residential units connected to an onsite wastewater 9 treatment system, a percolation test completed within the last 5 years, or, if the percolation test has been recertified, within the last 11 10 years.
12 (d) Notwithstanding subdivision (a), a local agency may deny a proposed housing development project if the building official 14 makes a written finding, based upon a preponderance of the 15 evidence, that the proposed housing development project would 16 have a specific, adverse impact, as defined and determined in 17 paragraph (2) of subdivision (d) of Section 65589.5, upon public 18 health and safety for which there is no feasible method to 19 satisfactorily mitigate or avoid the specific, adverse impact. 20 (e) A local agency shall require that a rental of any unit created 21 pursuant to this section be for a term longer than 30 days. 22 (f) Notwithstanding Article 2 (commencing with Section 66314) 23 or Article 3 (commencing with Section 66333) of Chapter 13, a 24 ocal agency may permit an accessory dwelling unit or a junio 25 ccessory dwelling unit on a narcel that uses the authoritv container 26 within this section and that was created pursuant to the authority 27 contained in Section 66411.7.
28 (g) Notwithstanding subparagraph (B) of paragraph (2) of 29 subdivision (b), an application shall not be rejected solely because 30 it proposes adjacent or connected structures provided that the 31 structures meet building code safety standards and are sufficient 32 to allow separate conveyance.
33 (h) (1) An application for a proposed housing development 34 pursuant to this section shall be considered and approved or denied 35 within 60 days from the date the local agency receives a completed 36 pplication. If the local agency has not approved or denied th 37 ompleted application within 60 days, the application shall b 38 deemed approved.
39 (2) If a permitting agency denies an application for a proposed 40 housing development pursuant to paragraph (1), the permitting 98 SB 677 - 12-
1 agency shall, within the time period described in paragraph (1), 2 return in writing a full set of comments to the applicant with a list 3 of items that are defective or deficient and a description of how the application can be remedied by the applicant.
5 (1) Local agencies shall include units constructed and an 6 rdinance adopted pursuant to this section in the annual housin:
element report as required by subparagraph (I) of paragraph (2) 8 of subdivision (a) of Section 65400.
9 (i) For purposes of this section, all of the following apply:
10 (1) A housing development contains two residential units if the 11 development proposes no more than two new units or if it proposes 12 to add one new unit to one existing unit.
13 (2) The terms "objective zoning standards," "objective 14 subdivision standards," and "objective design review standards" 15 mean standards that involve no personal or subjective judgment 16 by a public official and are uniformly verifiable by reference to 17 an external and uniform benchmark or criterion available and 18 knowable by both the development applicant or proponent and the 19 public official prior to submittal. These standards may be embodied 20 in alternative objective land use specifications adopted by a local 21 agency, and may include, but are not limited to, housing overlay 22 zones, specific plans, inclusionary zoning ordinances, and density 23 bonus ordinances.
24 (3) "Local agency" means a city, county, or city and county, 25 whether general law or chartered.
26 (4) "Association" has the same meaning as defined in Section 27 4080 of the Civil Code.
28 (5) "Urbanized area" means an urbanized area designated by 29 the United States Census Bureau, as published in the Federal 30 Register, Volume 77, Number 59, on March 27, 2012.
31 (6) "Urban cluster" means an urbanized area designated by the 32 United States Census Bureau, as published in the Federal Register, 33 Volume 77, Number 59, on March 27, 2012.
34 (7) "Net habitable square feet" means the finished and heated 35 floor area fully enclosed by the inside surface of walls, windows, 36 doors, and partitions, and having a headroom of at least six and 37 one-half feet, including working, living, eating, cooking, sleeping. 38 stair, hall, service, and storage areas, but excluding garages, 39 carports, parking spaces, cellars, half-stories, and unfinished attics 40 and basements.
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(k) A local agency may adopt an ordinance to implement the provisions of this section. An ordinance adopted to implement this 3 section shall not be considered a project under Division 13 (commencing with Section 21000) of the Public Resources Code. 5 (1) A local agency shall submit a copy of the ordinance adopted pursuant to this section to the department within 60 days after adoption. Atter adoption of an ordinance, the department may 8 submit written findings to the local agency as to whether the 9 ordinance complies with this section. The local agency shall submit 10 a copy of any existing ordinance adopted pursuant to this section 11 to the department within 60 days of the date this act becomes 12 effective.
13 (2) (A) The department may review the ordinance and if the 14 department finds that the local agency's ordinance does not comply 15 with this section, the department shall notity the local agency and 16 shall provide the local agency with a reasonable time, not to exceed 17 30 days, to respond to the findings before taking any other action 18 authorized by this section.
19 (B) The local agency shall consider any findings made by the 20 department pursuant to paragraph (1) and shall do one of the 21 following:
22 (i) Amend the ordinance to comply with this section. 23 (ii) Adopt the ordinance without changes. The local agency 24 shall include findings in its resolution adopting the ordinance that 25 explain the reasons the local agency believes that the ordinance 26 complies with this section despite the findings of the department. 27 (3) If the local agency does not amend its ordinance in response 28 to the department's findings or does not adopt a resolution with 29 findings explaining the reason the ordinance complies with this 30 section and addressing the department's findings, the department 31 shall notify the local agency and may notify the Attorney General 32 that the local agency is in violation of state law.
33 (1) A local agency shall provide applicants with single 34 application for a housing development pursuant to this section and 35 any urban lot split pursuant to Section 66411.7. Both applications 36 hall be reviewed concurrently
37 (m) For a project located in the coastal zone, as specified in th 38 California Coastal Act of 1976 (Division 20 (commencing with 39 Section 30000) of the Public Resources Code), this section does 40 not relieve a project relying on the provisions of this section from 98 SB 677 - 14-
1 the requirement to obtain a coastal development permit as required 2 by Section 30600 of the Public Resources Code. Any standards to 3 which the applicant is entitled under this section shall be permitted in a manner that is consistent with this section and does not result n significant adverse impacts to coastal resources and publi oastal access pursuant to Chapter 3 (commencing with Sectio 30200) of Division 20 of the Public Resources Code.
(n) The local agency shall not deny an application for a permit 9 due to the presence of preexisting nonconforming zoning 10 conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the unit or units.
(o) (1) A local agency, special district, or water corporation shall not impose any impact fee upon a housing development 15 proposed pursuant to this section of less than 1,750 square feet. 16 Any impact fees charged for a housing development proposed pursuant to this section of 1,750 square feet or greater shall be charged proportionately.
(2) For purposes of this subdivision, "impact fee" has the same meaning as the term "fee" as defined in subdivision (b) of Section 66000, except that it also includes fees specified in Section 66477. 22 "Impact fee" does not include any connection fee or capacity 23 charge charged by a local agency, special district, or water 24 corporation.
25 SEC. 3. Section 65913.4 of the Government Code is amended 26 to read:
27 65913.4. (a) Except as provided in subdivision (r), a 28 development proponent may submit an application for a 29 development that is subject to the streamlined, ministerial approval 30 process provided by subdivision (c) and is not subiect to a 31 conditional use permit or any other nonlegislative discretionary 32 approval if the development complies with subdivision (b) and 33 satisfies all of the following objective planning standards:
34 (1) The development is a multifamily housing development that 35 contains two or more residential units.
36 (2) The development and the site on which it is located satisfy 37 all of the following:
38 (A) It is a legal parcel or parcels located in a city if, and only 39 if, the city boundaries include some portion of either an urbanize 40 area or urban cluster, as designated by the United States Censu 98 - 15- SB 677
1 Bureau, or, for unincorporated areas, a legal parcel or parcels 2 wholly within the boundaries of an urbanized area or urban cluster, 3 as designated by the United States Census Bureau.
4 (B) At least 75 percent of the perimeter of the site adjoins parcels that are developed with urban uses. For the purposes of this section, parcels that are only separated by a street or highway shall be considered to be adjoined
8 (C) (i) A site that meets the requirements of clause (il) and satisfies any of the following
10 (1) The site is zoned for residential use or residential mixed-use 11 development.
12 (II) The site has a general plan designation that allows residential 13 use or a mix of residential and nonresidential uses. 14 (III) The site meets the requirements of Section 65852.24. 15 (ii) At least two-thirds of the square footage of the development 16 is designated for residential use. Additional density, floor area, 17 and units, and any other concession, incentive, or waiver of 18 development standards granted pursuant to the Density Bonus Law 19 in Section 65915 shall be included in the square footage 20 calculation. The square footage of the development shall not 21 include underground space, such as basements or underground 22 parking garages.
23 (3) (A) The development proponent has committed to record, 24 prior to the issuance of the first building permit, a land use 25 restriction or covenant providing that lower or
26 moderate-income housing units required pursuant to subparagraph 27 (B) of paragraph (4) shall remain available at affordable housing 28 costs or rent to persons and families of lower or moderate income 29 for no less than the following periods of time:
30 (i) Fifty-five years for units that are rented.
31 (ii) Forty-five years for units that are owned.
32 (B) The city or county shall require the recording of covenants 33 or restrictions implementing this paragraph for each parcel or unit 34 of real property included in the development.
35 (4) The development satisfies clause (i) or (ii) of subparagraph 36 (A) and satisfies subparagraph (B) below:
37 (A) (i) For a development located in a locality that is in its sixth 38 or earlier housing element cycle, the development is located in 39 either of the following:
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1 (1) In a locality that the department has determined is subject 2 to this clause on the basis that the number of units that have been 3 issued building permits, as shown on the most recent production 4 report received by the department, is less than the locality's share 5 of the regional housing needs, by income category, for that reporting period. A locality shall remain eligible under this subclause until the department's determination for the next 8 reporting period.
9 (Il In a locality that the department has determined is subject 10 to this clause on the basis that the locality did not adopt a housing 11 element that has been found in substantial compliance with housing 12 element law (Article 10.6 (commencing with Section 65580) of 13 Chapter 3) by the department. A locality shall remain eligible under this subclause until such time as the locality adopts a housing 15 element that has been found in substantial compliance with housing 16 element law (Article 10.6 (commencing with Section 65580) of 17 Chapter 3) by the department.
18 (ii) For a development located in a locality that is in its seventh 19 or later housing element cycle, is located in a locality that the 20 department has determined is subject to this clause on the basis 21 that the locality did not adopt a housing element that has been found in substantial compliance with housing element law (Article 23 10.6 (commencing with Section 65580) of Chapter 3) by the 24 department by the statutory deadline, or that the number of units 25 that have been issued building permits, as shown on the most recent 26 production report received by the department, is less than the 21 locality's share of the regional housing needs, by income category, 28 for that reporting period. A locality shall remain eligible under 29 this subparagraph until the department's determination for the next 30 reporting period
31 (B) The development is subject to a requirement mandating a 32 minimum percentage of below market rate housing based on one 33 of the following:
34 (i) The locality did not adopt a housing element pursuant to 35 Section 65588 that has been found in substantial compliance with 36 the housing element law (Article 10.6 (commencing with Section 37 65580) of Chapter 3) by the department, did not submit its latest 38 production report to the department by the time period required 39 by Section 65400, or that production report submitted to the 40 department reflects that there
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1 moderate-income housing issued building permits than were 2 required for the regional housing needs assessment cycle for that 3 reporting period. In addition, if the project contains more than 10 units of housing, the project does one of the following:
(1) For for-rent projects, the project dedicates a minimum of 10 percent of the total number of units, before calculating any density bonus, to housing affordable to households making at or below 50 8 percent of the area median income. However, if the locality has 9 adopted a local ordinance that requires that greater than 10 percent 10 of the units be dedicated to housing affordable to households 11 making below 50 percent of the area median income, that local 12 ordinance applies.
13 (II) For for-sale projects, the project dedicates a minimum of 14 10 percent of the total number of units, before calculating any 15 density bonus, to housing affordable to households making at or 16 below 80 percent of the area median income. However, if the 17 locality has adopted a local ordinance that requires that greater 18 than 10 percent of the units be dedicated to housing affordable to 19 households making below 80 percent of the area median income, 20 that local ordinance applies.
21 (III) (ia) If the project is located within the San Francisco Bay 22 area, the project, in lieu of complying with subclause (I) or (II), 23 may opt to abide by this subclause. Projects utilizing this subclause 24 shall dedicate 20 percent of the total number of units, before 25 calculating any density bonus, to housing affordable to households 26 making below 100 percent of the area median income with the 27 average income of the units at or below 80 percent of the area 28 median income. However, a local ordinance adopted by the locality 29 applies if it requires greater than 20 percent of the units be 30 dedicated to housing affordable to households making at or below 31 100 percent of the area median income, or requires that any of the 32 units be dedicated at a level deeper than 100 percent. In order to 33 comply with this subclause, the rent or sale price charged for units 34 that are dedicated to housing affordable to households between 80 35 percent and 100 percent of the area median income shall not exceed 36 30 percent of the gross income of the household.
37 (ib) For purposes of this subclause, "San Francisco Bay area" 38 means the entire area within the territorial boundaries of the 39 Counties of Alameda, Contra Costa, Marin, Napa, San Mateo, 98 SB 677 - 18-
1 Santa Clara, Solano, and Sonoma, and the City and County of San 2 Francisco.
3 (ii) (I) The locality's latest production report reflects that there were fewer units of housing issued building permits affordable to 5 either very low income or low-income households by income 6 category than were required for the regional housing needs assessment cycle for that reporting period, and one of the following 8 conditions exist:
(ia) The project seeking approval dedicates 20 percent of the 10 total number of units, before calculating any density bonus, to 11 housing affordable to households making at or below 80 percent 12 of the area median income.
13 (ib) The project application was submitted prior to January 1, 14 2019, and the project includes at least 500 units of housing, the 15 project seeking approval or seeking a modification to a prior 16 approval dedicates 20 percent of the total number of units, before 17 calculating any density bonus, as affordable units, with at least 9 18 percent affordable to households making at or below 50 percent 19 of the area median income and the remainder affordable to 20 households making at or below 80 percent of the area median 21 income.
22 (II) Notwithstanding the conditions described in sub-subclauses 23 (ia) and (ib) of subclause (I), if the locality has adopted a local 24 ordinance that requires that greater than 20 percent of the units be 25 dedicated to housing affordable to households making at or below 26 80 percent of the area median income, that local ordinance applies. 27 (HI) For purposes of this clause, the reference to units affordable 28 to very low income households includes units affordable to acutely 29 low income households, as defined in Section 50063.5 of the Health 30 and Safety Code, and to extremely low income households, as 31 defined in Section 50106 of the Health and Safety Code. 32 (ili) The locality did not submit its latest production report to 33 the department by the time period required by Section 65400, or 34 if the production report reflects that there were fewer units of 35 housing affordable to both income levels described in clauses (i) 36 and 11) that were issued building permits than were required for 37 the regional housing needs assessment cycle for that reporting 38 period, the project seeking approval may choose between utilizing 39 clause (i) or (ii).
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(C) (i) A development proponent that uses a unit of affordable 2 housing to satisty the requirements of subparagraph (B) may also satisfy any other local or state requirement for affordable housing, including local ordinances or the Density Bonus Law in Section 5 65915, provided that the development proponent complies with 6 the applicable requirements in the state or local law. If a local requirement for affordable housing requires units that are restricted 8 to households with incomes higher than the applicable income › limits required in subparagraph (B), then units that meet the 10 applicable income limits required in subparagraph (B) shall be 11 deemed to satisfy those local requirements for higher income units. 12 (il) A development proponent that uses a unit of affordable 13 housing to satisfy any other state or local affordability requirement 14 may also satisfy the requirements of subparagraph (B), provided 15 the development proponent complies with applicable
16 requirements of subparagraph (B).
17 (iii) A development proponent may satisfy the affordability 18 requirements of subparagraph (B) with a unit that is restricted to 19 households with incomes lower than the applicable income limits 20 required in subparagraph (B).
21 (D) The amendments to this subdivision made by the act adding 22 this subparagraph do not constitute a change in, but are declaratory 23 of, existing law.
24 (5) The development, excluding any additional density or any 25 other concessions, incentives, or waivers of development standards 26 for which the development is eligible pursuant to the Density Bonus 7 Law in Section 65915. is consistent with objective zoning 28 standards, objective subdivision standards, and objective desigi 29 review standards in effect at the time that the development is 30 submitted to the local government pursuant to this section, or at 31 the time a notice of intent is submitted pursuant to subdivision (b), 32 whichever occurs earlier. For purposes of this paragraph, "objective 33 zoning standards," and
34 "obiective design review standards" mean standards that involve 35 no personal or subjective judgment by a public official and are 36 niformly verifiable by reterence to an external and unifor 37 enchmark or criterion available and knowable by both th 38 development applicant or proponent and the public official before 39 submittal. These standards may be embodied in alternative 40 objective land use specifications adopted by a city or county, and 98 SB 677 - 20-
1 may include, but are not limited to, housing overlay zones, specific 2 plans, inclusionary zoning ordinances, and density bonus 3 ordinances, subject to the following:
(A) A development shall be deemed consistent with the objective 5 zoning standards related to housing density, as applicable, if the 6 density proposed is compliant with the maximum density allowed within that land use designation, notwithstanding any specified 8 maximum unit allocation that may result in fewer units of housing 9 being permitted.
10 (B) In the event that objective zoning, general plan, subdivision, 11 or design review standards are mutually inconsistent, 12 development shall be deemed consistent with the objective zoning 13 and subdivision standards pursuant to this subdivision if the 14 development is consistent with the standards set forth in the general 15 plan.
16 (C) It is the intent of the Legislature that the objective zoning 17 standards, objective subdivision standards, and objective design 18 review standards described in this paragraph be adopted or 19 amended in compliance with the requirements of Chapter 905 of 20 the Statutes of 2004
21 (D) The amendments to this subdivision made by the act adding 22 this subparagraph do not constitute a change in, but are declaratory 23 of, existing law.
24 (E) A project that satisfies the requirements of Section 65852.24 25 shall be deemed consistent with objective zoning standards, 26 objective design standards, and objective subdivision standards if 27 the project is consistent with the provisions of subdivision (b) of 28 Section 65852.24 and if none of the square footage in the project 29 is designated for hotel, motel, bed and breakfast inn, or other 30 transient lodging use, except for a residential hotel. For purposes 31 of this subdivision, "residential hotel" shall have the same meaning 32 as defined in Section 50519 of the Health and Safety Code. 33 (6) The development is not located within any of the following:
34 (A) (i) An area of the coastal zone subject to paragraph (1) or 35 (2) of subdivision (a) of Section 30603 of the Public Resources 36 Code.
37 (ii) An area of the coastal zone that is not subject to a certified 38 local coastal program or a certified land use plan.
39 (ili) An area of the coastal zone that is vulnerable to five feet 40 of sea level rise, as determined by the National Oceanic and 98 - 21 - SB 677
1 Atmospheric Administration, the Ocean Protection Council, the 2 United States Geological Survey, the University of California, or 3 a local government's coastal hazards vulnerability assessment. 4 (IV) In a parcel within the coastal zone that is not zoned for multifamily housing.
6 (v) In a parcel in the coastal zone and located on either of the following:
8 (1) A 100-foot radius of, or on, a wetland, as defined in Section 9 30121 of the Public Resources Code.
10 (II) Prime agricultural land, as defined in Sections 30113 and 11 30241 of the Public Resources Code.
12 (B) Either prime farmland or farmland of statewide importance, 13 as defined pursuant to the United States Department of Agriculture 14 land inventory and monitoring criteria, as modified for California, 15 and designated on the maps prepared by the Farmland Mapping 16 and Monitoring Program of the Department of Conservation, or 17 land zoned or designated for agricultural protection or preservation 18 by a local ballot measure that was approved by the voters of that 19 jurisdiction.
20 (C) Wetlands, as defined in the United States Fish and Wildlife 21 Service Manual, Part 660 FW 2 (June 21, 1993).
22 (D) A very high fire hazard severity zone, as determined by the 23 Department of Forestry and Fire Protection pursuant to Section 24 51178, or within the state responsibility area, as defined in Section 25 4102 of the Public Resources Code. This subparagraph does not 26 apply to sites that have adopted fire hazard mitigation measures 27 pursuant to existing building standards or state fire mitigation 28 measures applicable to the development, including, but not limited 29 to, standards established under all of the following or their 30 successor provisions:
31 (i) Section 4291 of the Public Resources Code or Section 51182, 32 as applicable.
33 (ii) Section 4290 of the Public Resources Code.
34 (iii) Chapter 7A of the California Building Code (Title 24 of 35 the California Code of Regulations).
36 (E) A hazardous waste site that is listed pursuant to Section 37 65962.5 or a hazardous waste site designated by the Department 38 of Toxic Substances Control pursuant to Section 25356 of the 39 Health and Safety Code, unless either of the following apply:
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(i) The site is an underground storage tank site that received a uniform closure letter issued pursuant to subdivision (g) of Section 3 25296.10 of the Health and Safety Code based on closure criteria established by the State Water Resources Control Board for residential use or residential mixed uses. This section does not alter or change the conditions to remove a site from the list of hazardous waste sites listed pursuant to Section 65962.5. (il) The State Department of Public Health, State Water 9 Resources Control Board, Department of Toxic Substances Control, 10 or a local agency making a determination pursuant to subdivision 11 (c) of Section 25296.10 of the Health and Safety Code, has 12 otherwise determined that the site is suitable for residential use or 13 residential mixed uses.
14 (F) A delineated earthquake fault zone as determined by the 15 State Geologist in any official maps published by the state 16 Geologist, unless the development complies with applicable seismic 17 protection building code standards adopted by the California 18 Building Standards Commission under the California Building 19 Standards Law (Part 2.5 (commencing with Section 18901) of 20 Division 13 of the Health and Safety Code), and by any local 21 building department under Chapter 12.2 (commencing with Section 22 8875) of Division 1 of Title 2
23 (G) A special flood hazard area subject to inundation by the 1 24 percent annual chance flood (100-year flood) as determined by 25 the Federal Emergency Management Agency in any official maps 26 published by the Federal Emergency Management Agency. If a 27 development proponent is able to satisfy all applicable federal 28 qualifying criteria in order to provide that the site satisfies this subparagraph and is otherwise eligible for streamlined approval 30 under this section, a local government shall not deny the application 31 on the basis that the development proponent did not comply with 32 any additional permit requirement, standard, or action adopted by 33 that local government that is applicable to that site. A development 34 may be located on a site described in this subparagraph if either 35 of the following are met:
36 37 prepared by that beal Sube no anger A fRey in
38 issued to the local jurisdiction.
39 11) The site meets Federal Emergency Management Agenc 40 equirements necessary to meet minimum flood plain managemen 98 - 23 - SB 677
1 criteria of the National Flood Insurance Program pursuant to Part 2 59 (commencing with Section 59.1) and Part 60 (commencing 3 with Section 60.1) of Subchapter B of Chapter I of Title 44 of the Code of Federal Regulations.
(H) A regulatory floodway as determined by the Federal
Emergency Management Agency in any official maps published by the Federal Emergency Management Agency, unless the
development has received a no-rise certification in accordance with Section 60.3(d)(3) of Title 44 of the Code of Federal 10 Regulations. If a development proponent is able to satisfy all 11 applicable federal qualifying criteria in order to provide that the 12 site satisfies this subparagraph and is otherwise eligible for 13 streamlined approval under this section, a local government shall 14 not deny the application on the basis that the development 15 proponent did not comply with any additional permit requirement, 16 standard, or action adopted by that local government that is 17 applicable to that site.
18 (1) Lands identified for conservation in an adopted natural 19 community conservation plan pursuant to the Natural Community 20 Conservation Planning Act (Chapter 10 (commencing with Section 21 2800) of Division 3 of the Fish and Game Code), habitat 22 conservation plan pursuant to the federal Endangered Species Act 23 of 1973 (16 U.S.C. Sec. 1531 et seq.), or other adopted natural 24 resource protection plan.
25 (J) Habitat for protected species identified as candidate, 26 sensitive, or species of special status by state or federal agencies, 27 fully protected species, or species protected by the federal 28 Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), 29 the California Endangered Species Act (Chapter 1.5 (commencing 30 with Section 2050) of Division 3 of the Fish and Game Code), or 31 the Native Plant Protection Act (Chapter 10 (commencing with 32 Section 1900) of Division 2 of the Fish and Game Code). 33 (K) Lands under conservation easement.
34 (7) (A) The development is not located on a site where any of 35 the following apply:
36 (i) The development would require the demolition of the 37 following types of housing:
38 (1) Housing that is subject to a recorded covenant, ordinance, 39 or law that restricts rents to levels affordable to persons and 40 families of moderate income, as defined in subdivision (m) of 98 SB 677 - 24-
1 Section 65582, or lower income, as defined in subdivision (1) of 2 Section 65582
3 (II) Housing that is subject to any form of rent or price control 4 through a public entity's valid exercise of its police power. (III) Housing that has been occupied by tenants within the past 6 10 years.
(ii) The site was previously used for housing that was occupied 8 by tenants that was demolished within 10 years before the 9 development proponent submits an application under this section. 10 (111) The development would require the demolition of a property 11 individually listed on the National Register of Historic Places or 12 e California Register of Historical Resources or of a contributin 13 ructure located within a historic district included on the Nation. 14 Register of Historic Places or the California Register of Historical 15 Resources.
16 (iv) The property contains housing units that are occupied by 17 tenants, and units at the property are, or were, subsequently offered 18 for sale to the general public by the subdivider or subsequent owner 19 of the property.
20 (B) This paragraph shall not apply if a structure on the 21 development site that includes at least one housing unit was 22 involuntarily damaged or destroyed by an earthquake, other catastrophic event, or the public enemy.
24 (8) Except as provided in paragraph (9), a proponent of a 25 development project approved by a local government pursuant to 26 this section shall require in contracts with construction contractors, 27 and shall certify to the local government, that the following 28 standards specified in this paragranh will be met in proiec 29 construction, as applicable:
30 (A) A development that is not in its entirety a public work for 31 purposes of Chapter 1 (commencing with Section 1720) of Part 7 32 of Division 2 of the Labor Code and approved by a local 33 government pursuant to Article 2 (commencing with Section 34 65912.110) or Article 3 (commencing with Section 65912.120) 35 shall be subject to all of the following:
36 (i) All construction workers employed in the execution of the 37 development shall be paid at least the general prevailing rate of 38 per diem wages for the type of work and geographic area, as 39 determined by the Director of Industrial Relations pursuant to 40 Sections 1773 and 1773.9 of the Labor Code, except that 98 - 25 - SB 677
1 apprentices registered in programs approved by the Chief of the 2 Division of Apprenticeship Standards may be paid at least the 3 applicable apprentice prevailing rate.
4 (il) The development proponent shall ensure that the prevailing 5 wage requirement is included in all contracts for the performance 6 of the work, and shall also provide notice of all contracts for the performance of the work to the Department of Industrial Relations, 8 in accordance with Section 1773.35 of the Labor Code, for those 9 portions of the development that are not a public work. 10 (iii) All contractors and subcontractors for those portions of the 11 development that are not a public work shall comply with all of 12 the following:
13 (I) Pay to all construction workers employed in the execution 14 of the work at least the general prevailing rate of per diem wages, 15 except that apprentices registered in programs approved by the 16 Chief of the Division of Apprenticeship Standards may be paid at 17 least the applicable apprentice prevailing rate.
18 (II) Maintain and verify payroll records pursuant to Section 19 1776 of the Labor Code and make those records available for 20 inspection and copying as provided in that section. This subclause 21 loes not apply if all contractors and subcontractors performing 22 vork on the development are subiect to a project labor agreemen 23 that requires the payment of prevailing wages to all construction 24 workers employed in the execution of the development and 25 provides for enforcement of that obligation through an arbitration 26 procedure. For purposes of this subclause, "project labor 27 agreement" has the same meaning as set forth in paragraph (1) of 28 subdivision (b) of Section 2500 of the Public Contract Code. 29 (III) Be registered in accordance with Section 1725.6 of the 30 Labor Code.
31 (B) (i) The obligation of the contractors and subcontractors to 32 pay prevailing wages pursuant to this paragraph may be enforced 33 by any of the following:
34 (I) The Labor Commissioner through the issuance of a civil 35 wage and penalty assessment pursuant to Section 1741 of the Labor 36 code, which may be reviewed pursuant to Section 1742 of th 37 abor Code, within 18 months after the completion of th 38 development.
39 (I) An underpaid worker through an administrative complaint 40 or civil action.
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1 (III) A joint labor-management committee through a civil action under Section 1771.2 of the Labor Code.
3 (11) It a civil wage and penalty assessment is issued pursuant to this paragraph, the contractor, subcontractor, and surety on a bond or bonds issued to secure the payment of wages covered by the 6 assessment shall be liable for liquidated damages pursuant to Section 1742.1 of the Labor Code.
8 (ill) This paragraph does not apply if all contractors and subcontractors pertorming work on the development are subject 10 o a prolect labor agreement that requires the pavment of vages to all construction workers employed in the execution of 11 12 he development and provides for enforcement of that obligatior 13 hrough an arbitration procedure. For purposes of this clause 14 "project labor agreement" has the same meaning as set forth in 15 paragraph (1) of subdivision (b) of Section 2500 of the Public 16 Contract Code.
17 (C) Notwithstanding subdivision (c) of Section 1773.1 of the 18 Labor Code, the requirement that employer payments not reduce 19 the obligation to pay the hourly straight time or overtime wages 20 found to be prevailing does not apply to those portions of a 21 development that are not a public work if otherwise provided in a 22 bona fide collective bargaining agreement covering the worker. (D) The requirement of this paragraph to pay at least the general 24 prevailing rate of per diem wages does not preclude use of an 25 alternative workweek schedule adopted pursuant to Section 511 26 or 514 of the Labor Code.
27 (E) A development of 50 or more housing units approved by a 28 local government pursuant to this section shall meet all of the 29 following labor standards:
30 (i) The development proponent shall require in contracts with 31 construction contractors and shall certify to the local government 32 that each contractor of any tier who will employ construction craft 33 employees or will let subcontracts for at least 1,000 hours shall 34 satisfy the requirements in clauses (ii) and (iii). A construction 35 contractor is deemed in compliance with clauses (ii) and (iii) if it 36 is signatory to a valid collective bargaining agreement that requires 37 utilization of registered apprentices and expenditures on health 38 care for employees and dependents.
39 (ii) A contractor with construction craft employees shall either 40 participate in an apprenticeship program approved by the California 98 — 27— SB 677
1 Division of Apprenticeship Standards pursuant to Section 3075 of 2 the Labor Code, or request the dispatch of apprentices from a 3 state-approved apprenticeship program under the terms and 4 conditions set forth in Section 1777.5 of the Labor Code. A 5 contractor without construction craft employees shall show a 6 contractual obligation that its subcontractors comply with this 8 (iii) Each contractor with construction craft employees shall 9 make health care expenditures for each employee in an amount 10 per hour worked on the development equivalent to at least the 11 hourly pro rata cost of a Covered California Platinum level plan 12 for two adults 40 years of age and two dependents 0 to 14 years 13 of age for the Covered California rating area in which the 14 development is located. A contractor without construction craft 15 employees shall show a contractual obligation that
16 subcontractors comply with this clause. Qualifying expenditures 17 shall be credited toward compliance with prevailing wage payment 18 requirements set forth in this paragraph.
19 (iv) (I) The development proponent shall provide to the local 20 government, on a monthly basis while its construction contracts 21 on the development are being performed, a report demonstrating 22 compliance with clauses (ii) and (ill). The reports shall be 23 considered public records under the California Public Records Act 24 (Division 10 (commencing with Section 7920.000) of Title 1) and 25 shall be open to public inspection.
26 (II) A development proponent that fails to provide the monthly 27 report shall be subject to a civil penalty for each month for which 28 the report has not been provided, in the amount of 10 percent of 29 the dollar value of construction work performed by that contractor 30 on the development in the month in question, up to a maximum 31 of ten thousand dollars ($10,000). Any contractor or subcontractor 32 that fails to comply with clauses (ii) and (iii) shall be subject to a 33 civil penalty of two hundred dollars ($200) per day for each worker 34 employed in contravention of clauses (ii) and (iii). 35 (III) Penalties may be assessed by the Labor Commissioner 36 within 18 months of completion of the development using the 37 procedures for issuance of civil wage and penalty assessments 38 specified in Section 1741 of the Labor Code, and may be reviewed 39 pursuant to Section 1742 of the Labor Code. Penalties shall be 98 SB 677 - 28-
1 deposited in the State Public Works Enforcement Fund established 2 pursuant to Section 1771.3 of the Labor Code.
(v) Each construction contractor shall maintain and verify 4 payroll records pursuant to Section 1776 of the Labor Code. Each 5 construction contractor shall submit payroll records directly to the 6 Labor Commissioner at least monthly in a format prescribed by the Labor Commissioner in accordance with subparagraph (A) of 8 paragraph (3) of subdivision (a) of Section 1771.4 of the Labor 9 Code. The records shall include a statement of fringe benefits. 10 Upon request by a joint labor-management cooperation committee 11 established pursuant to the federal Labor Management Cooperatior 12 Act of 1978 (29 U.S.C. Sec. 175a), the records shall be provided 13 pursuant to subdivision (e) of Section 1776 of the Labor Code. 14 (vi) All construction contractors shall report any change in 15 apprenticeship program participation or health care expenditures 16 to the local government within 10 business days, and shall reflect 17 those changes on the monthly report. The reports shall be 18 considered public records pursuant to the California Public Records 19 Act (Division 10 (commencing with Section 7920.000) of Title 1) 20 and shall be open to public inspection.
21 (vii) A joint labor-management cooperation committee 22 established pursuant to the federal Labor Management Cooperation 23 Act of 1978 (29 U.S.C. Sec. 175a) shall have standing to sue a 24 construction contractor for failure to make health care expenditures 25 pursuant to clause (iii) in accordance with Section 218.7 or 218.8 26 of the Labor Code.
27 (F) For any project over 85 feet in height above grade, the 28 following skilled and trained workforce provisions apply:
29 (i) Except as provided in clause (i), the developer shall enter 30 into construction contracts with prime contractors only if all of the 31 following are satisfied:
32 (I) The contract contains an enforceable commitment that the 33 prime contractor and subcontractors at every tier will use a skilled 34 and trained workforce, as defined in Section 2601 of the Public 35 Contract Code, to perform work on the project that falls within an 36 apprenticeable occupation in the building and construction trades. 37 However, this enforceable commitment requirement shall not apply 38 to any scopes of work where new bids are accepted pursuant to 39 subclause (I) of clause (ii).
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1 (II) The developer or prime contractor shall establish minimum 2 bidding requirements for subcontractors that are objective to the 3 maximum extent possible. The developer or prime contractor shall 4 not impose any obstacles in the bid process for subcontractors that 5 go beyond what is reasonable and commercially customary. The developer or prime contractor must accept bids submitted by any bidder that meets the minimum criteria set forth in the bid 8 solicitation.
9 (Ill) The prime contractor has provided an affidavit under 10 penalty of perjury that, in compliance with this subparagraph, it 11 will use a skilled and trained workforce and will obtain from its 12 ubcontractors an enforceable commitment to use a skilled and 13 rained workforce for each scope of work in which it receives at 14 least three bids attesting to satisfaction of the skilled and trained 15 workforce requirements.
16 (IV) When a prime contractor or subcontractor is required to 17 provide an enforceable commitment that a skilled and trained 18 workforce will be used to complete a contract or project, the 19 commitment shall be made in an enforceable agreement with the 20 developer that provides the following:
21 (ia) The prime contractor and subcontractors at every tier will 22 comply with this chapter.
23 (ib) The prime contractor will provide the developer, on a 24 monthly basis while the project or contract is being performed, a 25 report demonstrating compliance by the prime contractor. 26 1C) The prime contractor shall provide the developer, on 27 nonthly basis while the proiect or contract is being performed. 28 the monthly reports demonstrating compliance submitted to the 29 prime contractor by the affected subcontractors.
30 (ii) (I) If a prime contractor fails to receive at least three bids 31 in a scope of construction work from subcontractors that attest to 32 satisfying the skilled and trained workforce requirements as 33 described in this subparagraph, the prime contractor may accept 34 new bids for that scope of work. The prime contractor need not 35 require that a skilled and trained workforce be used by the 36 subcontractors for that scope of work.
37 (ID The requirements of this subparagraph shall not apply if all 38 contractors, subcontractors, and craft unions performing work on 39 the development are subject to a multicraft project labor agreement 40 that requires the payment of prevailing wages to all constructior 98 SB 677 -30 -
1 workers employed in the execution of the development and 2 provides for enforcement of that obligation through an arbitration 3 procedure. The multicraft project labor agreement shall include all construction crafts with applicable coverage determinations for the specified scopes of work on the project pursuant to Section 1773 of the Labor Code and shall be executed by all applicable labor organizations regardless of affiliation. For purposes of this 8 clause, "project labor agreement" means a prehire collective 9 bargaining agreement that establishes terms and conditions of 10 employment for a specific construction project or projects and is 11 an agreement described in Section 158(f) of Title 29 of the United 12 States Code.
13 (Ill) Requirements set forth in this subparagraph shall not apply 14 to projects where 100 percent of the units, exclusive of a manager's 15 unit or units, are dedicated to lower income households, as defined 16 in Section 50079.5 of the Health and Safety Code.
17 (iii) If the skilled and trained workforce requirements of this 18 subparagraph apply, the prime contractor require
19 subcontractors to provide, and subcontractors on the project shall 20 provide, the following to the prime contractor:
21 (1) An affidavit signed under penalty of perjury that a skilled 22 and trained workforce shall be employed on the project. 23 (I) Reports on a monthly basis, while the project or contract is 24 being performed, demonstrating compliance with this chapter. 25 (iv) Upon issuing any invitation or bid solicitation for the 26 project, but no less than seven days before the bid is due, the 21 developer shall send a notice of the invitation or solicitation that 28 describes the project to the following entities within the jurisdiction 29 of the proposed project site:
30 (I) Any bona fide labor organization representing workers in 31 the building and construction trades who may perform work 32 necessary to complete the project and the local building and 33 construction trades council.
34 (I) Any organization representing contractors that may perform 35 work necessary to complete the project, including any contractors' 36 association or regional builders' exchange.
37 (v) The developer or prime contractor shall, within thre 38 business days of a request by a joint labor-management cooperatio 39 committee established pursuant to the federal Labor Management 98 - 31 - SB 677
1 Cooperation Act of 1978 (29 U.S.C. Sec. 175a), provide all of the 2 following:
3 (I) The names and Contractors State License Board numbers of 4 the prime contractor and any subcontractors that submitted a 5 proposal or bid for the development project.
6 (II) The names and Contractors State License Board numbers 7 of contractors and subcontractors that are under contract to perform 8 construction work.
9 (VI) (1) For all projects subject to this subparagraph, the 10 development proponent shall provide to the locality, on a monthly 11 basis while the project or contract is being performed, a report 12 demonstrating that the self-performing prime contractor and all 13 subcontractors used a skilled and trained workforce, as defined in 14 Section 2601 of the Public Contract Code, unless otherwise exempt 15 under this subparagraph. A monthly report provided to the locality 16 pursuant to this subclause shall be a public record under the 17 California Public Records Act Division 10 (commencing with 18 Section 7920.000) of Title 1 and shall be open to public inspection. 19 A developer that fails to provide a complete monthly report shall 20 be subject to a civil penalty of 10 percent of the dollar value of 21 construction work pertormed by that contractor on the project in 22 the month in question, up to a maximum of ten thousand dollars 23 ($10,000) per month for each month for which the report has not 24 been provided.
25 (II) Any subcontractors or prime contractor self-performing 26 work subject to the skilled and trained workforce requirements 27 under this subparagraph that fail to use a skilled and trained 28 workforce shall be subject to a civil penalty of two hundred dollars 29 ($200) per day for each worker employed in contravention of the 30 skilled and trained workforce requirement. Penalties may be 31 assessed by the Labor Commissioner within 18 months of 32 completion of the project using the same issuance of civil wage 33 and penalty assessments pursuant to Section 1741 of the Labor 34 Code and may be reviewed pursuant to the same procedures in 35 Section 1742 of the Labor Code. Prime contractors shall not be 36 jointly liable for violations of this subparagraph by subcontractors. 37 Penalties shall be paid to the State Public Works Enforcement 38 Fund or the locality or its labor standards enforcement agency, 39 depending on the lead entity performing the enforcement work. 98 SB 677 - 32-
(III) Any provision of a contract or agreement of any kind 2 between a developer and a prime contractor that purports to 3 delegate, transfer, or assign to a prime contractor any obligations 4 of or penalties incurred by a developer shall be deemed contrary 5 to public policy and shall be void and unenforceable. 6 (G) A locality, and any labor standards enforcement agency the locality lawfully maintains, shall have standing to take 8 administrative action or sue a construction contractor for failure 9 to comply with this paragraph. A prevailing locality or labor 10 standards enforcement agency shall distribute any wages and 11 penalties to workers in accordance with law and retain any fees, 12 additional penalties, or assessments.
13 (9) Notwithstanding paragraph (8), a development that is subject 14 to approval pursuant to this section is exempt from any requirement 15 to pay prevailing wages, use a workforce participating in an 16 apprenticeship, or provide health care expenditures if it satisfies 17 18 (A) The project consists of 10 or fewer units.
19 (B) The project is not a public work for purposes of Chapter I 20 (commencing with Section 1720) of Part 7 of Division 2 of the 21 Labor Code.
22 (10) The development shall not be upon an existing parcel of 23 land or site that is governed under the Mobilehome Residency Law 24 (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2 25 of Division 2 of the Civil Code), the Recreational Vehicle Park 26 Occupancy Law (Chapter 2.6 (commencing with Section 799.20) 27 of Title 2 of Part 2 of Division 2 of the Civil Code), the 28 Mobilehome Parks Act (Part 2.1 (commencing with Section 18200) 29 of Division 13 of the Health and Safety Code), or the Special Occupancy Parks Act (Part 2.3 (commencing with Section 18860) 31 of Division 13 of the Health and Safety Code).
32 (b) (1) (A) (i) Before submitting an application for a 33 development subject to the streamlined, ministerial approva 34 rocess described in subdivision (c). the development proponen 35 shall submit to the local government a notice of its intent to submit 36 an application. The notice of intent shall be in the form of a 37 preliminary application that includes all of the information 38 described in Section 65941.1, as that section read on January 1, 39 2020.
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(ii) Upon receipt of a notice of intent to submit an application 2 described in clause (i), the local government shall engage in a 3 scoping consultation regarding the proposed development with any California Native American tribe that is traditionally and 5 culturally affiliated with the geographic area, as described in 6 Section 21080.3.1 of the Public Resources Code, of the proposed development. In order to expedite compliance with this subdivision, 8 the local government shall contact the Native American Heritage 9 Commission for assistance in identifying any California Native 10 American tribe that is traditionally and culturally affiliated with 11 12 111) The timeline for noticing and commencing a scoping 13 consultation in accordance with this subdivision shall be as follows:
14 (1) The local government shall provide a formal notice of a 15 development proponent's notice of intent to submit an application 16 described in clause (i) to each California Native American tribe 17 that is traditionally and culturally affiliated with the geographic area of the proposed development within 30 days of receiving that 19 notice of intent. The formal notice provided pursuant to this 20 subclause shall include all of the following:
21 (ia) A description of the proposed development.
22 (ib) The location of the proposed development.
23 (ic) An invitation to engage in a scoping consultation in 24 accordance with this subdivision.
25 (II) Each California Native American tribe that receives a formal 26 notice pursuant to this clause shall have 30 days from the receipt 27 of that notice to accept the invitation to engage in a scoping 28 consultation.
29 (Ill) It the local government receives a response accepting an 30 invitation to engage in a scoping consultation pursuant to this 31 subdivision, the local government shall commence the scoping 32 consultation within 30 days of receiving that response. 33 (B) The scoping consultation shall recognize that California 34 Native American tribes traditionally and culturally affiliated with 35 a geographic area have knowledge and expertise concerning the 36 esources at issue and shall take into account the cultura 37 ignificance of the resource to the culturally affiliated Californi 38 Native American tribe.
39 (C) The parties to a scoping consultation conducted pursuant 40 to this subdivision shall be the local government and any California 98 SB 677 - 34-
1 Native American tribe traditionally and culturally affiliated with 2 the geographic area of the proposed development. More than one 3 California Native American tribe traditionally and culturally affiliated with the geographic area of the proposed development may participate in the scoping consultation. However, the local 6 government, upon the request of any California Native American tribe traditionally and culturally affiliated with the geographic area 8 of the proposed development, shall engage in a separate scoping 9 consultation with that California Native American tribe. The они ту росі
10 development proponent and its consultants may participate in a 11 scoping consultation process conducted pursuant to this subdivision 12 if all of the following conditions are met:
13 (i) The development proponent and its consultants agree to 14 respect the principles set forth in this subdivision. 15 (ii) The development proponent and its consultants engage in 16 the scoping consultation in good faith.
17 (iii) The California Native American tribe participating in the 18 scoping consultation approves the participation of the development 19 proponent and its consultants. The California Native American 20 tribe may rescind its approval at any time during the scoping 21 consultation, either for the duration of the scoping consultation or 22 with respect to any particular meeting or discussion held as part 23 of the scoping consultation.
24 (D) The participants to a scoping consultation pursuant to this 25 subdivision shall comply with all of the following confidentiality requirements:
27 (i) Section 7927.000.
28 (il) Section 7927.005.
29 (Il1) Subdivision (c) of Section 21082.3 of the Public Resources 30 Code.
31 (iv) Subdivision (d) of Section 15120 of Title 14 of the 32 California Code of Regulations.
(v) Any additional confidentiality standards adopted by the 34 California Native American tribe participating in the scoping 35 consultation.
36 (E) The California Environmental Quality Act (Division 13 37 (commencing with Section 21000) of the Public Resources Code) 38 shall not apply to a scoping consultation conducted pursuant to 39 this subdivision.
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(2) (A) It, atter concluding the scoping consultation, the parties 2 and that no potential tribal cultural resource would be affected by 3 he proposed development, the development proponent mav submi 4 an application for the proposed development that is subject to the 5 streamlined, ministerial approval process described in subdivision 6 (c).
(B) If, after concluding the scoping consultation, the parties 8 find that a potential tribal cultural resource could be affected by 9 the proposed development and an enforceable agreement is 10 documented between the California Native American tribe and the 11 local government on methods, measures, and conditions for tribal 12 cultural resource treatment, the development proponent may submit 13 the application for a development subject to the streamlined, 14 ministerial approval process described in subdivision (c). The local 15 government shall ensure that the enforceable agreement is included 16 in the requirements and conditions for the proposed development. 17 (C) It, after concluding the scoping consultation, the parties 18 find that a potential tribal cultural resource could be affected bi 19 the proposed development and an enforceable agreement is not 20 documented between the California Native American tribe and the 21 local government regarding methods, measures, and conditions 22 for tribal cultural resource treatment, the development shall not 23 be eligible for the streamlined, ministerial approval process 24 described in subdivision (c).
25 (D) For purposes of this paragraph, a scoping consultation shall 26 be deemed to be concluded if either of the following occur:
27 (i) The parties to the scoping consultation document an 28 enforceable agreement concerning methods, measures, and 29 conditions to avoid or address potential impacts to tribal cultural 30 resources that are or may be present.
31 (ii) One or more parties to the scoping consultation, acting in 32 good taith and atter reasonable effort, conclude that a mutual 33 agreement on methods, measures, and conditions to avoid or 34 address impacts to tribal cultural resources that are or may be 35 present cannot be reached.
36 (E) If the development or environmental setting substantially 37 changes after the completion of the scoping consultation, the local 38 government shall notify the California Native American tribe o 39 he changes and engage in a subsequent scoping consultation i 40 requested by the California Native American tribe.
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1 (3) A local government may only accept an application for 2 streamlined, ministerial approval pursuant to this section if one of 3 the following applies:
4 (A) A California Native American tribe that received a formal 5 notice of the development proponent's notice of intent to submit 6 an application pursuant to subclause (I) of clause (iii) of subparagraph (A) of paragraph (1) did not accept the invitation to 8 engage in a scoping consultation.
(B) The California Native American tribe accepted an invitation 10 to engage in a scoping consultation pursuant to subclause (lI) of 11 clause (iii) of subparagraph (A) of paragraph (1) but substantially 12 failed to engage in the scoping consultation after repeated 13 documented attempts by the local government to engage the 14 California Native American tribe.
15 (C) The parties to a scoping consultation pursuant to this 16 subdivision find that no potential tribal cultural resource will be 17 affected by the proposed development pursuant to subparagraph 18 (A) of paragraph (2).
19 (D) A scoping consultation between a California Native 20 American tribe and the local government has occurred in 21 accordance with this subdivision and resulted in agreement 22 pursuant to subparagraph (B) of paragraph (2).
23 (4) A project shall not be eligible for the streamlined, ministerial 24 process described in subdivision (c) if any of the following apply:
25 (A) There is a tribal cultural resource that is on a national, state, 26 tribal, or local historic register list located on the site of the project. 27 (B) There is a potential tribal cultural resource that could be 28 affected by the proposed development and the parties to a scoping 29 onsultation conducted pursuant to this subdivision do no 30 locument an enforceable agreement on methods. measures. and 31 conditions for tribal cultural resource treatment, as described in 32 subparagraph (C) of paragraph (2).
33 (C) The parties to a scoping consultation conducted pursuant 34 to this subdivision do not agree as to whether a potential tribal 35 cultural resource will be affected by the proposed development. 36 (5) (A) If, after a scoping consultation conducted pursuant to 37 this subdivision, a project is not eligible for the streamlined. 38 ministerial approval process described in subdivision (c) for any 39 or all of the following reasons, the local government shall provide 40 written documentation of that fact, and an explanation of the reason 98 - 37- SB 677
1 for which the project is not eligible, to the development proponent 2 and to any California Native American tribe that is a party to that 3 scoping consultation:
4 (i) There is a tribal cultural resource that is on a national, state, 5 tribal, or local historic register list located on the site of the project, as described in subparagraph (A) of paragraph (4).
/ (1) The parties to the scoping consultation have not documented an enforceable agreement on methods, measures, and conditions 9 for tribal cultural resource treatment, as described in subparagraph 10 (C) of paragraph (2) and subparagraph (B) of paragraph (4). 11 (111) The parties to the scoping consultation do not agree as to 12 whether a potential tribal cultural resource will be affected by the 13 proposed development, as described in subparagraph (C) of 14 paragraph (4).
15 (B) The written documentation provided to a development 16 proponent pursuant to this paragraph shall include information on 17 how the development proponent may seek a conditional use permit 18 or other discretionary approval of the development from the local 19 government.
20 (6) This section is not intended, and shall not be construed, to 21 limit consultation and discussion between a local government and 22 a California Native American tribe pursuant to other applicable 23 law, confidentiality provisions under other applicable law, the 24 protection of religious exercise to the fullest extent permitted under 25 state and federal law, or the ability of a California Native American 26 tribe to submit information to the local government or participate 27 in any process of the local government.
28 (7) For purposes of this subdivision:
29 (A) "Consultation" means the meaningful and timely process 30 of seeking, discussing, and considering carefully the views of 31 others, in a manner that is cognizant of all parties' cultural values 32 and, where teasible, seeking agreement. Consultation between 33 local governments and Native American tribes shall be conducted 34 ın a way that is mutually respecttul of each party's sovereignty 35 Consultation shall also recognize the tribes potential needs for 36 confidentiality with respect to places that have traditional tribal 37 cultural importance. A lead agency shall consult the tribal consultation best practices described in the "State of California Tribal Consultation Guidelines: Supplement to the General Plan 40 Guidelines" prepared by the Office of Planning and Research. 98 SB 677 - 38-
(B) "Scoping" means the act of participating in early discussions or investigations between the local government and California 3 Native American tribe, and the development proponent if authorized by the California Native American tribe, regarding the 5 potential effects a proposed development could have on a potential 6 tribal cultural resource, as defined in Section 21074 of the Public Resources Code, or California Native American tribe, as defined 8 in Section 21073 of the Public Resources Code.
9 (8) This subdivision shall not apply to any project that has been 10 approved under the streamlined, ministerial approval process 11 provided under this section before the effective date of the act 12 adding this subdivision
13 (c) (1) Notwithstanding any local law, if a local government's 14 planning director or equivalent position determines that a 15 development submitted pursuant to this section is consistent with 16 the objective planning standards specified in subdivision (a) and 17 pursuant to paragraph (3) of this subdivision, the local government 18 shall approve the development. Upon a determination that a 19 development submitted pursuant to this section is in conflict with 20 any of the objective planning standards specified in subdivision 22 (a), the no department that made the determilation shall provind 23 the development proponent written documentation of which 24 standard or standards the development conflicts with, and an 25 explanation for the reason or reasons the development conflicts 26 with that standard or standards, as follows:
27 (A) Within 60 days of submittal of the development to the local 28 government pursuant to this section if the development contains 29 150 or fewer housing units.
30 (B) Within 90 days of submittal of the development to the local 31 government pursuant to this section if the development contains 32 more than 150 housing units.
33 (C) Within 30 days of submittal of any development proposal 34 that was resubmitted to address written feedback provided by the 35 local government pursuant to this paragraph.
36 (2) If the local government's planning director or equivalent 37 position fails to provide the required documentation pursuant to 38 paragraph (1), the development shall be deemed to satisfy the 39 objective planning standards specified in subdivision (a). 98 - 39- SB 677
(3) For purposes of this section, and except as provided in paragraph (4), a development is consistent with the objective 3 planning standards specified in subdivision (a) if there is substantial evidence that would allow a reasonable person to conclude tha 5 the development is consistent with the objective planning standards 6 The local government shall not determine that a development, including an application for a modification under subdivision (h), 8 is in conflict with the objective planning standards on the basis 9 that application materials are not included, if the application 10 contains substantial evidence that would allow a reasonable persor 11 to conclude that the development is consistent with the obiective 12 planning standards.
13 (4) Notwithstanding paragraph (3), in any evaluation of a 14 development under this section related to compliance with 15 paragraph (6) of subdivision (a), the local government shall bear 16 the burden of proof. It shall demonstrate, with a preponderance of 17 the evidence, that the development does not comply with applicable 18 environmental criteria established under state or federal law. This 19 demonstration shall include detailed written findings that specify 20 the environmental criteria the project fails to meet and provide a 21 clear linkage to the empirical or scientific evidence supporting 22 these written findings.
23 (5) Upon submittal of an application for streamlined, ministerial 24 approval pursuant to this section to the local government, all 25 departments of the local government that are required to issue an 26 approval of the development prior to the granting of an entitlement 27 shall comply with the requirements of this section within the time 28 periods specified in paragraph (1).
29 (d) (1) Any design review of the development may be conducted 30 by the local government's planning commission or any equivalent 31 board or commission responsible for design review. That design 32 review shall be objective and be strictly focused on assessing 33 ompliance with criteria required for streamlined projects, as wel 34 as any reasonable objective design standards published and adopted 35 by ordinance or resolution by a local jurisdiction before submission 36 of a development application, and shall be broadly applicable to 37 development within the jurisdiction. That design review shall be 38 completed, and if the development is consistent with all objective 39 standards, the local government shall approve the development as 40 follows and shall not in any way inhibit, chill, or preclude the 98 SB 677 - 40-
1 ministerial approval provided by this section or its effect, as applicable:
3 (A) Within 90 days of submittal of the development to the local 4 government pursuant to this section if the development contains 5 150 or fewer housing units.
6 (B) Within 180 days of submittal of the development to the local government pursuant to this section if the development 8 contains more than 150 housing units.
(2) An application for a subdivision pursuant to the Subdivision 10 Map Act (Division 2 (commencing with Section 66410)) shall be 11 exempt from the requirements of the California Environmental 12 Quality Act (Division 13 (commencing with Section 21000) of 13 the Public Resources Code) and shall be subject to the public 14 oversight timelines set forth in paragraph (1) if the development 15 is consistent with the requirements of this section, including, but 16 not limited to, paragraph (8) of subdivision (a), and all objective 17 subdivision standards in the local subdivision ordinance, and meets 18 at least one of the following requirements:
19 (A) The development has received or will receive financing or 20 funding by means of a low-income housing tax credit. 21 (B) The development is located on a legal parcel or parcels 22 within either of the following:
23 (i) An incorporated city, the boundaries of which include some 24 portion of an urbanized area.
25 (ii) An urbanized area or urban cluster in a county with a 26 population greater than 250,000 based on the most recent United 27 States Census Bureau data.
28 (iii) For purposes of this subparagraph, the following definitions 29 apply:
30 (I) "Urbanized area" means an urbanized area designated by 31 the United States Census Bureau, as published in the Federal 32 Register, Volume 77, Number 59, on March 27, 2012.
33 (II) "Urban cluster" means an urban cluster designated by the 34 United States Census Bureau, as published in the Federal Register, 35 Volume 77, Number 59, on March 27, 2012.
36 (3) If a local government determines that a development 37 submitted pursuant to this section is in conflict with any of the 38 standards imposed pursuant to paragraph (1), it shall provide the 39 development proponent written documentation of which objective 40 standard or standards the development conflicts with, and an 98 - 41 - SB 677
1 explanation for the reason or reasons the development conflicts 2 with that objective standard or standards consistent with the 3 timelines described in paragraph (1) of subdivision (c). 4 (e) (1) Notwithstanding any other law, a local government, 5 whether or not it has adopted an ordinance governing automobile 6 parking requirements in multifamily developments, shall not impose automobile parking standards for a streamlined
8 development that was approved pursuant to this section in any of 9 the following instances:
10 (A) The development is located within one-half mile of public 11 transit.
12 (B) The development is located within an architecturally and 13 historically significant historic district.
14 (C) When on-street parking permits are required but not offered 15 to the occupants of the development.
16 (D) When there is a car share vehicle located within one block 17 of the development.
18 (2) If the development does not fall within any of the categories 19 described in paragraph (1), the local government shall not impose 20 automobile parking requirements for streamlined developments 21 approved pursuant to this section that exceed one parking space 22 per unit.
23 (f) Notwithstanding any law, a local government shall not 24 require any of the following prior to approving a development that 25 meets the requirements of this section:
26 (1) Studies, information, or other materials that do not pertain 27 directly to determining whether the development is consistent with 28 the objective planning standards applicable to the development. 29 (2) (A) Compliance with any standards necessary to receive a 30 postentitlement permit.
31 (B) This paragraph does not prohibit a local agency from requiring compliance with any standards necessary to receive a 33 postentitlement permit after a permit has been issued pursuant to 34 this section.
35 (C) For purposes of this paragraph, "postentitlement permit" 36 has the same meaning as provided in subparagraph (A) of 37 paragraph (3) of subdivision (i) of Section 65913.3. 38 (g) (i) If a local government approves a development pursuant 39 to this section, then, notwithstanding any other law, that approval 98 SB 677 - 42-
1 shall not expire if the project satisfies both of the following 2 requirements:
(A) The project includes public investment in housing
affordability, beyond tax credits.
(B) At least 50 percent of the units are affordable to households making at or below 80 percent of the area median income. (2) (A) If a local government approves a development pursuant 8 to this section, and the project does not satisfy the requirements 9 of subparagraphs (A) and (B) of paragraph (1), that approval shall 10 remain valid for three years from the date of the final action 11 establishing that approval, or if litigation is filed challenging that 12 approval, from the date of the final judgment upholding that 13 approval. Approval shall remain valid for a project provided 14 construction activity, including demolition and grading activity, 15 on the development site that has begun pursuant to a permit issued 16 by the local jurisdiction and is in progress. For purposes of this 17 subdivision, "in progress" means one of the following:
18 (i) The construction has begun and has not ceased for more than 19 180 days.
20 (11) If the development requires multiple building permits, an 21 Initial phase has been completed, and the project proponent has 22 a sequent phase, divided that once i bas inen essed
23 24 building permit for the subsequent phase does not lapse. 25 (B) Notwithstanding subparagraph (A), a local government may 26 grant a project a one-time, one-year extension if the project 27 roponent can provide documentation that there has beer 28 ignificant progress toward getting the develonment constructior 29 ready, such as filing a building permit application. 30 (3) If the development proponent requests a modification 31 ursuant to subdivision (h), then the time during which the approva 32 hall remain valid shall be extended for the number of davs 33 between the submittal of a modification request and the date of its 34 final approval, plus an additional 180 days to allow time to obtain 35 a building permit. If litigation is filed relating to the modification 36 request, the time shall be further extended during the pendency of 37 the litigation. The extension required by this paragraph shall only 38 apply to the first request for a modification submitted by the 39 development proponent.
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1 (4) The amendments made to this subdivision by the act that 2 added this paragraph shall also be retroactively applied to 3 developments approved prior to January 1, 2022.
4 (h) (1) (A) A development proponent may request a
5 modification to a development that has been approved under the 6 streamlined, ministerial approval process provided in subdivision (c) if that request is submitted to the local government before the issuance of the final building permit required for construction of the development.
10 (B) Except as provided in paragraph (3), the local government 11 shall approve a modification if it determines that the modification 12 is consistent with the objective planning standards specified in 13 subdivision (a) that were in effect when the original development 14 application was first submitted.
15 (C) The local government shall evaluate any modifications requested pursuant to this subdivision for consistency with the 17 objective planning standards using the same assumptions and analytical methodology that the local government originally used to assess consistency for the development that was approved for streamlined, ministerial approval pursuant to subdivision (c). (D) A guideline that was adopted or amended by the department ursuant to subdivision (n) after a development was approver through the streamlined, ministerial approval process described in subdivision (c) shall not be used as a basis to deny proposed modifications.
26 (2) Upon receipt of the development proponent's application 27 reauesting a moditication. i
29 planning standard and either approve or deny the modification 30 request within 60 days after submission of the modification, or 31 within 90 days if design review is required.
32 (3) Notwithstanding paragraph (1), the local government may 33 apply objective planning standards adopted after the development 34 application was first submitted to the requested modification in 35 any of the following instances:
36 (A) The development is revised such that the total square footage 37 of construction increases by 15 percent or more or the total number 38 of residential units decreases by 15 percent or more. The calculation 39 of the square footage of construction increases shall not include 40 underground space.
98 SB 677 —44—
1 (B) The development is revised such that the total square footage 2 of construction increases by 5 percent or more or the total number 3 ot residential units decreases by 5 percent or more and it is necessary to subject the development to an objective standard beyond those in effect when the development application was submitted in order to mitigate or avoid a specific, adverse impact, as that term is defined in subparagraph (A) of paragraph (1) of subdivision (j) of Section 65589.5, upon the public health or safety and there is no feasible alternative method to satisfactorily mitigate or avoid the adverse impact. The calculation of the square footage of construction increases shall not include underground space. (C) (i) Objective building standards contained in the California 13 Building Standards Code (Title 24 of the California Code of Regulations, including, but not linen ay be applied to all electrical, fire, and grading codes,
modification applications that are submitted prior to the first building permit application. Those standards may be applied to 18 modification applications submitted after the first building permit application if agreed to by the development proponent.
(ii) The amendments made to clause (i) by the act that added clause (i) shall also be retroactively applied to modification applications submitted prior to January 1, 2022
(4) The local government's review of a modification request pursuant to this subdıvision shall be strictly lımited to determinıng vhether the modification, including any modification to previously 26 approved density bonus concessions or waivers, modify the 27 development's consistency with the objective planning standards 28 and shall not reconsider prior determinations that are not affected 29 by the modification.
30 (i) (1) A local government shall not adopt or impose any 31 requirement, including, but not limited to, increased fees or 32 inclusionary housing requirements, that applies to a project solely 33 or partially on the basis that the project is eligible to receive 34 ministerial or streamlined approval pursuant to this section. 35 36 required for a development approved under this section if the 37 38 approved pursuant to subdivision (c). Upon receipt of an 39 application for a subsequent permit, the local government shall 40 process the permit without unreasonable delay and shall not impose 98 - 45- SB 677
1 any procedure or requirement that is not imposed on projects that 2 are not approved pursuant to this section. The local government 3 shall consider the application for subsequent permits based upon 4 the objective standards specified in any state or local laws that 5 were in effect when the original development application was submitted, unless the development proponent agrees to a change in objective standards. Issuance of subsequent permits shall implement the approved development, and review of the permit application shall not inhibit, chill, or preclude the development. 10 For purposes of this paragraph, a "subsequent permit" means a 11 permit required subsequent to receiving approval under subdivision 12 13
14 (B) The amendments made to subparagraph (A) by the act that 15 added this subparagraph shall also be retroactively applied to 16 subsequent permit applications submitted prior to January 1, 2022. 17 (3) (A) If a public improvement is necessary to implement a 18 development that is subject to the streamlined, ministerial approval 19 pursuant to this section, including, but not limited to, a bicycle 20 lane, sidewalk or walkway, public transit stop, driveway, street 21 paving or overlay, a curb or gutter, a modified intersection, a street 22 sign or street light, landscape or hardscape, an above-ground or 23 underground utility connection, a water line, fire hydrant, storm 24 or sanitary sewer connection, retaining wall, and any related work, 25 and that public improvement is located on land owned by the local 26 government, to the extent that the public improvement requires 27 approval trom the local government, the local government shall 28 not exercise its discretion over any approval relating to the public 29 improvement in a manner that would inhibit, chill, or preclude the 30 development.
31 subparagran a (A) is on mite ub i local goement descrie local 32 33 government shall do all of the following:
34 (i) Consider the application based upon any objective standards 35 specified in any state or local laws that were in effect when the 36 original development application was submitted.
37 (ii) Conduct its review and approval in the same manner as it 38 would evaluate the public improvement if required by a project 39 that is not eligible to receive ministerial or streamlined approval 40 pursuant to this section.
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1 (C) If an application for a public improvement described in 2 subparagraph (A) is submitted to a local government, the local 3 government shall not do either of the following:
4 (i) Adopt or impose any requirement that applies to a project 5 solely or partially on the basis that the project is eligible to receive 6 ministerial or streamlined approval pursuant to this section. (ii) Unreasonably delay in its consideration, review, or approval 8 of the application.
(j) (1) This section shall not affect a development proponent's 10 bility to use any alternative streamlined by right permit processing 11 donted by a local government including the provisions o 12 subdivision (i) of Section 65583.2.
13 (2) This section shall not prevent a development from also 14 qualifying as a housing development project entitled to the 15 protections of Section 65589.5. This paragraph does not constitute 16 a change in, but is declaratory of, existing law.
17 (k) The California Environmental Quality Act (Division 13 18 (commencing with Section 21000) of the Public Resources Code) 19 does not apply to actions taken by a state agency, local government, 20 or the San Francisco Bay Area Rapid Transit District to:
21 (1) Lease, convey, or encumber land owned by the local 22 government or the San Francisco Bay Area Rapid Transit District 23 or to tacilitate the lease, conveyance, or encumbrance of land 24 owned by the local government, or for the lease of land owned by 25 the San Francisco Bay Area Rapid Transit District in association 26 with an eligible TOD project, as defined pursuant to Section 27 29010.1 of the Public Utilities Code, nor to any decisions 28 associated with that lease, or to provide financial assistance to a 29 development that receives streamlined approval pursuant to this 30 section that is to be used for housing for persons and families of 31 very low, low, or moderate income, as defined in Section 50093 32 of the Health and Safety Code.
33 (2) Approve improvements located on land owned by the local 34 government or the San Francisco Bay Area Rapid Transit District 35 that are necessary to implement a development that receives 36 streamlined approval pursuant to this section that is to be used for 37 housing for persons and families of very low, low, or moderate 38 income, as defined in Section 50093 of the Health and Safety Code. 98 - 47- SB 677
1 (1) For purposes of establishing the total number of units in a 2 development under this chapter, a development or development 3 project includes both of the following:
4 (1) All projects developed on a site, regardless of when those 5 developments occur.
6 (2) All projects developed on sites adjacent to a site developed 7 pursuant to this chapter if, after January 1, 2023, the adjacent site 8 had been subdivided from the site developed pursuant to this y chapter.
10 (m) For purposes of this section, the following terms have the 11 following meanings:
12 (1) "Affordable housing cost" has the same meaning as set forth 13 in Section 50052.5 of the Health and Safety Code.
14 (2) (A) Subject to the qualification provided by subparagraphs 15 (B) and (C), "affordable rent" has the same meaning as set forth 16 in Section 50053 of the Health and Safety Code.
17 (B) For a development for which an application pursuant to this 18 section was submitted prior to January 1, 2019, that includes 500 19 units or more of housing, and that dedicates 20 percent of the total 20 number of units, before calculating any density bonus, to housing 21 affordable to households making at, or below, 80 percent of the 22 area median income, affordable rent for at least 30 percent of these 23 units shall be set at an affordable rent as defined in subparagraph 24 (A) and "affordable rent" for the remainder of these units shall 25 mean a rent that is consistent with the maximum rent levels for a 26 housing development that receives an allocation of state or federal 27 low-income housing tax credits from the California Tax Credit 28 Allocation Committee.
29 (C) For a development that dedicates 100 percent of units, 30 exclusive of a manager's unit or units, to lower income households, 31 "affordable rent" shall mean a rent that is consistent with the 32 maximum rent levels stipulated by the public program providing 33 financing for the development.
34 (3) "Department" means the Department of Housing and 35 Community Development.
36 (4) "Development proponent" means the developer who submits 37 a housing development project application to a local government 38 under the streamlined ministerial review process pursuant to this 39 section.
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(5) "Completed entitlements" means a housing development 2 that has received all the required land use approvals or entitlements 3 necessary for the issuance of a building permit.
4 (6) "Health care expenditures" include contributions under 5 Section 401(a), 501(c), or 501(d) of the Internal Revenue Code 6 and payments toward "medical care," as defined in Section 213(d)(1) of the Internal Revenue Code.
8 (7) "Housing development project" has the same meaning as in 9 Section 65589.5.
10 (8) "Locality"
chart Cality ory, in ludinachate cosa city, actudy and
11 12 county, including a charter city and county.
13 (9) "Moderate-income housing units" means housing units with 14 an affordable housing cost or affordable rent for persons and 15 families of moderate income, as that term is defined in Section 16 50093 of the Health and Safety Code.
17 (10) "Production report" means the information reported 18 pursuant to subparagraph (H) of paragraph (2) of subdivision (a) 19 of Section 65400.
20 (11) "State agency" includes every state office, officer, 21 department, division, bureau, board, and commission, but does not 22 include the California State University or the University of 23 California.
24 (12) (A) "Reporting period" means any of the following:
25 (i) The first quarter of the regional housing needs assessment 26 cycle.
27 (ii) The second quarter of the regional housing needs assessment 28 cycle.
29 (ill) The third quarter of the regional housing needs assessment 30 cycle.
31 (iv) The last quarter of the regional housing needs assessment 32 cycle.
33 (B) Notwithstanding subparagraph (A), "reporting period" 34 means annually for the City and County of San Francisco. 35 (13) "Urban uses" means any current or former residential, 36 commercial, public institutional, public park that is surrounded by 37 other urban uses, parking lot or structure, transit or transportation 38 passenger facility, or retail use, or any combination of those uses. 39 (n) The department may review, adopt, amend, and repeal 40 guidelines to implement uniform standards or criteria that 98 —49— SB 677
1 supplement or clarify the terms, references, or standards set forth 2 in this section. Any guidelines or terms adopted pursuant to this 3 subdivision shall not be subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government devel Then is smijet to the streamined ministerial a proval process provided by subdivision (c) is not a "project" as defined in Section 21065 of the Public Resources Code.
10 (p) Notwithstanding any other law, for purposes of this section 11 and for development in compliance with the requirements of this 12 section on property owned by or leased to the state, the Department 13 of General Services may act in the place of a locality or local 14 government, at the discretion of the department.
15 (q) (1) For developments proposed in a census tract that is 16 designated either as a moderate resource area, low resource area, 17 or an area of high segregation and poverty on the most recent "CTCAC/HCD Opportunity Map" published by the California 19 Tax Credit Allocation Committee and the Department of Housing 20 and Community Development, within 45 days after receiving a 21 notice of intent, as described in subdivision (b), and before the 22 development proponent submits an application for the proposed 23 development that is subject to the streamlined, ministerial approval 24 process described in subdivision (c), the local government shall 25 provide for a public meeting to be held by the city council or 26 county board of supervisors to provide an opportunity for the public 27 and the local government to comment on the development. 28 (2) The public meeting shall be held at a regular meeting and 29 be subject to the Ralph M. Brown Act (Chapter 9 (commencing 30 with Section 54950) of Part 1 of Division 2 of Title 5). 31 (3) If the development proposal is located within a city with a 32 population of greater than 250,000 or the unincorporated area of 33 a county with a population of greater than 250,000, the public 34 meeting shall be held by the jurisdiction's planning commission. 35 (4) Comments may be provided by testimony during the meeting 36 or in writing at any time before the meeting concludes. 37 (5) The development proponent shall attest in writing that it 38 attended the meeting described in paragraph (1) and reviewed the 39 public testimony and written comments from the meeting in its 40 application for the proposed development that is subject to the 98 SB 677 — 50 —
1 streamlined, ministerial approval process described in subdivision 2 (c).
3 (6) If the local government fails to hold the hearing described 4 in paragraph (1) within 45 days after receiving the notice of intent, the development proponent shall hold a public meeting on the 6 proposed development before submitting an application pursuant to this section.
(r) (1) This section shall not apply to applications for 9 developments proposed on qualified sites that are submitted on or after January 1, 2024, but before July 1, 2025.
(2) For purposes of this subdivision, , "qualified site" means a site that meets the following requirements:
(A) The site is located within an equine or equestrian district designated by a general plan or specific or master plan, which may include a specific narrative reference to a geographically 16 determined area or map of the same. Parcels adjoined and only 17 separated by a street or highway shall be considered to be within an equestrian district.
(B) As of January 1, 2024, the general plan applicable to the site contains, and has contained for five or more years, an equine or equestrian district designation where the site is located. (C) As of January 1, 2024, the equine or equestrian district applicable to the site is not zoned to include residential uses, but authorizes residential uses with a conditional use permit. (D) The applicable local government has an adopted housing 26 element that is compliant with applicable law.
27 (3) The Legislature finds and declares that the purpose of this 28 subdivision is to allow local governments to conduct general plan 29 updates to align their general plan with applicable zoning changes. 30 (s) The provisions of clause (iii) of subparagraph (E) of 31 paragraph (8) of subdivision (a) relating to health care expenditures 32 are distinct and severable from the remaining provisions of this 33 section. However, the remaining portions of paragraph (8) of 34 subdivision (a) are a material and integral part of this section and 35 are not severable. If any provision or application of paragraph (8) 36 of subdivision (a) is held invalid, this entire section shall be null 37 and void.
38 (t) (1) The changes made to this section by the act adding this 39 subdivision shall apply in a coastal zone, as defined in Division 98 - 51 - SB 677
1 20 (commencing with Section 30000) of the Public Resources 2 Code, on and after January 1, 2025.
3 (2) In an area of the coastal zone not excluded under paragraph 4 (6) of subdivision (a), a development that satisfies the requirements 5 of subdivision (a) shall require a coastal development permit 6 pursuant to Chapter 7 (commencing with Section 30600) of Division 20 of the Public Resources Code. A public agency with 8 coastal development permitting authority shall approve a coastal 9 development permit if it determines that the development is 10 consistent with all objective standards of the local government's 11 certified local coastal program or, for areas that are not subject to 12 a fully certified local coastal program, the certified land use plan 13 of that area.
14 (3) For purposes of this section, receipt of any density bonus, 15 concessions, incentives, waivers or reductions of development 16 standards, and parking ratios to which the applicant is entitled 17 under Section 65915 shall not constitute a basis to find the project 18 inconsistent with the local coastal program.
19 (u) It is the policy of the state that this section be interpreted 20 and implemented in a manner to afford the fullest possible weight 21 to the interest of, and the approval and provision of, increased 22 housing supply.
23 (v) This section shall remain in effect only until January 1, 2036, 24 and as of that date is repealed.
25 SEC. 4. Section 66411.7 of the Government Code is amended 26 to read:
27 66411.7. (a) Notwithstanding any other provision of this 28 division and any local law, a local agency shall ministerially 29 approve, as set forth in this section, a parcel map for an urban lot 30 split only if the local agency determines that the parcel map for 31 the urban lot split meets all the following requirements:
32 (1) The parcel map subdivides an existing parcel to create no 33 more than two new parcels.
34 (2) (A) Except as provided in subparagraph (B), both newly 35 created parcels are no smaller than 1,200 square feet. 36 (B) A local agency may by ordinance adopt a smaller minimum 37 lot size subject to ministerial approval under this subdivision. 38 (3) Newly created lots subdivided pursuant to this section are 39 not required to comply with any of the following requirements:
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1 (A) A minimum or maximum requirement on the size, width, 2 depth, frontage, or dimensions of any individual parcel beyond 3 the minimum parcel size specified in, or established pursuant to, 4 paragraph (1) of subdivision (a) of this section.
5 (B) The formation of an association.
6 (C) A deed restriction or covenant that restricts rents to levels affordable to persons and families of moderate income, as defined 8 in subdivision (m) of Section 65582, or lower income, as defined in subdivision (1) of Section 65582.
10 (4) The parcel being subdivided meets all the following 11 requirements:
12 (A) The parcel is located within a residential zone. 13 (B) The parcel subject to the proposed urban lot split is located 14 within a city, the boundaries of which include some portion of 15 either an urbanized area or urban cluster, as designated by the 16 United States Census Bureau, or, for unincorporated areas, a legal 17 parcel wholly within the boundaries of an urbanized area or urban 18 cluster, as designated by the United States Census Bureau. 19 (C) The parcel satisfies the requirements specified
20 subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision 21 (a) of Section 65913.4.
22 (D) (i) The proposed urban lot split would not require 23 demo liosing ather is subject to theolled coveyans, of liaine, 24 25 or law that restricts rents to levels affordable to persons and 26 families of moderate income, as defined in subdivision (m) of 27 Section 65582, or lower income, as defined in subdivision (1) of 28 Section 65582.
29 (II) Housing that is subject to any form of rent or price control 30 through a public entity's valid exercise of its police power. 31 (III) A parcel or parcels on which an owner of residential real 32 property has exercised the owner's rights under Chapter 12.75 33 (commencing with Section 7060) of Division 7 of Title I to 34 withdraw accommodations from rent or lease within 15 years 35 before the date that the development proponent submits an 36 application.
37 (IV) Housing that has been occupied by a tenant in the last three 38 years.
39 (ii) This subparagraph shall not apply if a structure on the 40 development site that includes at least one housing unit was 98 - 53 - SB 677
1 involuntarily damaged or destroyed by an earthquake, catastrophic 2 event, or the public enemy.
(E) The parcel is not located within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance. 8 (F) The parcel has not been established through prior exercise 9 of an urban lot split as provided for in this section. 10 (b) An application for a parcel map for an urban lot split shall 11 be approved in accordance with the following requirements:
12 (1) (A) A local agency shall approve or deny an application for 13 a parcel map for an urban lot split ministerially without 14 discretionary review.
15 (B) An application for an urban lot split shall be considered and 16 approved or denied within 60 days from the date the local agency 17 receives a completed application. If the local agency has not 18 approved or denied the completed application within 60 days, the 19 application shall be deemed approved.
20 (C) If a permitting agency denies an application for an urban 21 lot split pursuant to subparagraph (B), the permitting agency shall, 22 within the time period described in subparagraph (B), return in 23 wrting a full set of comments to the applicant with a list of items 24 that are defective or deficient and a description of how the 25 application can be remedied by the applicant.
26 (D) Any action or proceeding to attack, review, set aside, void, 27 or annul the decision of a local agency concerning an urban lot 28 split, or of any proceeding, act, or determination taken, done, or 29 made prior to the decision, or to determine the reasonableness, 30 legality, or validity of any condition attached to the decision, 31 including, but not limited to, the approval of the urban lot split, 32 shall not be maintained by any person unless the action or 33 proceeding is commenced and service of summons effected in 34 accordance with Section 66499.37. This subparagraph is 35 declaratory of existing law.
36 (2) A local agency shall approve an urban lot split only if it 37 conforms to all applicable objective requirements of the 38 Subdivision Map Act (Division 2 (commencing with Section 39 66410)), except as otherwise expressly provided in this section. 98 SB 677 - 54-
1 (3) Notwithstanding Section 66411.1, a local agency shall not impose regulations that require dedications of rights-of-way or the 3 construction of offsite improvements for the parcels being created as a condition of issuing a parcel map for an urban lot split pursuant to this section.
(c) (1) Except as provided in this subdivision, notwithstanding any local law, a local agency may impose objective zoning 8 standards, objective subdivision standards, and objective design 9 review standards that are related to the design or to improvements 10 of a parcel, consistent with paragraph (3) of subdivision (b) and 11 with subdivision (e), and are applicable to a parcel created by an 12 urban lot split that do not conflict with this section. 13 (2) A local agency shall not impose objective zoning standards, 14 objective subdivision standards, objective design review standards, 15 or permitting requirements that would have the effect of physically 16 precluding an urban lot split from occurring or the construction of 17 two units on either of the resulting parcels or that would result in 18 a unit size of less than 1,750 net habitable square feet. 19 (3) (A) Notwithstanding paragraph (2), no setback height 20 limitation, lot coverage limitation, floor area ratio, or other standard 21 that shall be required for an existing structure or a structure 22 constructed in the same location and within the dimensions as an 23 existing structure.
24 (B) Notwithstanding paragraph (2), in all other circumstances 25 not described in subparagraph (A), a local agency may require a 26 setback from the original lot line of up to four feet from the side 27 and rear lot lines.
28 (4) Notwithstanding paragraph (1), a local agency may only 29 impose a front setback with respect to the original lot line. 30 (5) Notwithstanding paragraph (1), a local agency shall not 31 require a setback between the units, except as required in the 32 California Building Standards Code (Title 24 of the California 33 Code of Regulations).
34 (6) Notwithstanding paragraph (1), a local agency shall not 35 impose a driveway width requirement that exceeds a driveway 36 width requirement applied uniformly to development within the 37 underlying zone. If the underlying zone does not have a driveway 38 width requirement, the local agency shall not impose a driveway 39 width greater than 10 feet if serving one lot, or 14 feet if serving 40 multiple lots. A driveway constructed pursuant to this paragrapl 98 - 55- SB 677
1 shall be considered sufficient to provide access to multiple units 2 either on a single lot, or multiple units that share an access 3 easement.
4 (d) Notwithstanding subdivision (a), a local agency may deny 5 an urban lot split if the building official makes a written finding 6 based upon a preponderance of the evidence, that the propose housing development project would have a specific, adverse 8 impact, as defined and determined in paragraph (2) of subdivision 9 (d) of Section 65589.5, upon public health and safety for which 10 there is no feasible method to satisfactorily mitigate or avoid the 11 specific, adverse impact.
12 (e) A local agency may require any of the following conditions 13 when considering an application for a parcel map for an urban lot 14 split:
15 (1) Easements required for the provision of public services and 16 facilities.
17 (2) A requirement that the parcels have access to, provide access 18 to, or adjoin the public right-of-way. This paragraph should not 19 be interpreted as to allow a local agency to impose an access 20 method if it would physically preclude the lot split from occurring 21 while the use of another method would facilitate the lot split. 22 (3) Offstreet parking of up to one space per unit, except that a 23 local agency shall not impose parking requirements in any of the 24 following instances:
25 (A) The parcel is located within one-half mile walking distance 26 of either a high-quality transit corridor as defined in subdivision 27 (b) of Section 21155 of the Public Resources Code, or a major 28 transit stop as defined in Section 21064.3 of the Public Resources 29 Code.
30 (B) There is a car share vehicle located within one block of the 31 parcel.
32 (f) A local agency shall require that the uses allowed on a lot 33 created by this section be limited to residential uses. 34 (g) A local agency shall not use or impose any additional 35 standards, other than those provided in this section, including any 36 owner-occupant requirement.
37 (h) A local agency shall require that a rental of any unit created 38 pursuant to this section be for a term longer than 30 days. 39 (i) A local agency shall not require, as a condition for ministerial 40 approval of a parcel map application for the creation of an urban 98 SB 677 - 56-
1 lot split, the correction of nonconforming zoning or subdivision 2 conditions.
3 () (1) Notwithstanding any provision of Section 65852.21, 4 65915, Article 2 (commencing with Section 66314) or Article 3 5 (commencing with Section 66333) of Chapter 13 of Division 1, 6 or this section, a local agency shall not be required to permit more than two units on a parcel created through the exercise of the 8 authority contained within this section.
9 (2) For the purposes of this section, "unit" means any dwelling 10 unit, including, but not limited to, a unit or units created pursuant 11 to Section 65852.21, a primary dwelling, an accessory dwelling 12 unit as defined in subdivision (a) of Section 66313, or a junior 13 accessory dwelling unit as defined in subdivision (d) of Section 14 66313.
15 (k) Notwithstanding paragraph (3) of subdivision (c), an 16 application shall not be rejected solely because it proposes adjacent 17 or connected structures provided that the structures meet building 18 code safety standards and are sufficient to allow separate 19 conveyance.
20 (1) Local agencies shall include the number of applications for 21 parcel maps for urban lot splits pursuant to this section in the 22 annual housing element report as required by subparagraph (I) of 23 paragraph (2) of subdivision (a) of Section 65400.
24 (m) For purposes of this section, all of the following shall apply:
25 (1) "Objective zoning standards," "objective subdivision 26 standards," and "objective design review standards" mean standards 27 that involve no personal or subjective judgment by a public official 28 and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both 30 the development applicant or proponent and the public official 31 prior to submittal. I hese standards may be embodied in alternative 32 obiective land use specifications adopted by a local agency, and 33 may include, but are not limited to, housing overlay zones, specific 34 plans, inclusionary zoning ordinances, and density bonus 35 ordinances.
36 (2) "Local agency" means a city, county, or city and county, 37 whether general law or chartered.
38 (3) "Association" has the same meaning as defined in Section 39 4080 of the Civil Code.
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(4) "Urbanized area" means an urbanized area designated by 2 the United States Census Bureau, as published in the Federal 3 Register, Volume 77, Number 59, on March 27, 2012.
4 (5) "Urban cluster" means an urbanized area designated by the 5 United States Census Bureau, as published in the Federal Register, 6 Volume 77, Number 59, on March 27, 2012.
(6) "Net habitable square feet" means the finished and heated • floor area fully enclosed by the inside surface of walls, windows, › doors, and partitions, and having a headroom of at least six and 10 one-half feet, including working, living, eating, cooking, sleeping, 11 stair, hall, service, and storage areas, but excluding garages, 12 carports, parking spaces, cellars, half-stories, and unfinished attics 13 14 (n) A local agency may adopt an ordinance to implement the provisions of this section. An ordinance adopted to implement this 16 section shall not be considered a project under Division 13 (commencing with Section 21000) of the Public Resources Code. 18 (o) (1) A local agency shall submit a copy of the ordinance 19 adopted pursuant to this section to the department within 60 days 20 after adoption. After adoption of an ordinance, the department may 21 submit written findings to the local agency as to whether the 22 ordinance complies with this section. The local agency shall submit 23 a copy of any existing ordinance adopted pursuant to this section 24 to the department within 60 days of the date this act becomes 25 effective.
26 (2) (A) If the department finds that the local agency's ordinance 27 does not comply with this section, the department shall notify the 28 local agency and shall provide the local agency with a reasonable 29 time, no longer than 30 days, to respond to the findings before 30 taking any other action authorized by this section.
31 (B) The local agency shall consider any findings made by the 32 department pursuant to paragraph (1) and shall do one of the 33 following:
34 (i) Amend the ordinance to comply with this section. 35 (ii) Adopt the ordinance without changes. The local agency 36 shall include findings in its resolution adopting the ordinance tha 37 explain the reasons the local agency believes that the ordinanc 38 complies with this section despite the findings of the department. 39 (3) If the local agency does not amend its ordinance in response 40 to the department's findings or does not adopt a resolution with 98 SB 677 - 58-
1 findings explaining the reason the ordinance complies with this 2 section and addressing the department's findings, the department 3 shall notify the local agency and may notify the Attorney General 4 that the local agency is in violation of state law.
5 (p) A local agency shall ministerially review a condominium 6 map to subdivide a housing development built pursuant to Section 65852.21, consistent with the standards set out for an urban lot 8 split in this section.
(9) A local agency shall provide applicants with a single Alication for an urban lot split pursuant to this 22 Ba 11 housing development pursuant to Section
12 applications shall be reviewed concurrently.
13 (r) For a project located in the coastal zone, as specified in the 14 California Coastal Act of 1976 (Division 20 (commencing with 15 Section 30000) of the Public Resources Code), this section does 16 not relieve a project relying on the provisions of this section from 17 the requirement to obtain a coastal development permit as required 1 by Section 30600 of the Public Resources Code. Any standards to hich the applicant is entitled under this section shall be permitte 20 1 a manner that is consistent with this section and does not resu 21 in significant adverse impacts to coastal resources and public 22 coastal access pursuant to Chapter 3 (commencing with Section 23 30200) of Division 20 of the Public Resources Code.
24 (s) (1) A local agency, special district, or water corporation 25 shall not impose any impact fee upon an urban lot split proposed 26 pursuant to this section.
27 (2) For purposes of this subdivision, "impact fee" has the same 28 meaning as the term "fee" is defined in subdivision (b) of Section 29 66000, except that it also includes fees specified in Section 66477. 30 "Impact fee" does not include any connection fee or capacity 31 charge charged by a local agency, special district, or water 32 corporation.
33 SEC. 5. Section 30500.1 of the Publie Resourees Code is 34 amended to read:
35 30500.1. (a) It is the intent of the Legislature that this division 36 and Sections 65852.21 and 66411.7 of the Government Code be 37 harmonized so as to achieve the goal of increasing the supply of 38 housing in the coastal zone while also proteeting coastal resourees 39 and publie coastal access.
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(o) On or by July 1, 2026, any loeal government in the coastal zone that has not done so already shall submit to the commission 3 for certifieation an amendment to the local government's loeat coastal program that harmonizes the applicable provisions of 5 Section 65852.21 and Seetion 66411.7 of the Government Code and this division.
(e) If a local government submits to the commission for certification an amendment to the local government's local coastal program that would add a provision stating that any housing 10 development pursuant to Seetion 65852.21 of the Government 11 Code or an urban lot split pursuant to Section 66411.7 of the 12 Government Code to which the appliant is entitled under this 13 seetion shall be permitted in a manner that is consistent with the 14 policies of the local coastal program to the greatest extent feasible, 15 does not result in signifieant adverse impaets to coastal resourees 16 and publie coastal access, and would make no other changes to 17 the loeal coastal program, the amendment shall be processed as 18 de minimis pursuant to subdivision (d) of Seetion 30514. 19 20 SEC. 5. The Legislature finds and declares that Sections 2, 3, 21 4, and 5 and 4 of this act amending Sections 65852.21, 65913.4, 22 and 66411.7 of the Government Code and Section 30500.1 of the 23 Publie Resourees Code address a matter of statewide concern rather 24 than a municipal affair as that term is used in Section 5 of Article 25 XI of the California Constitution. Therefore, Sections 2, 3, 4, and 26 5 and 4 of this act apply to all cities, including charter cities. 27 SEC. 7.
28 SEC. 6. No reimbursement is required by this act pursuant to 29 Section 6 of Article XIIIB of the California Constitution because 30 a local agency or school district has the authority to levy service 31 charges, fees, or assessments sufficient to pay for the program or 32 level of service mandated by this act, within the meaning of Section 33 17556 of the Government Code.
98