Agenda — Twentynine Palms City Council, September 26, 2023 (part 2 of 3)

Page 77 of 300 ends

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.

Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Current law authorizes cities and counties, subject to certain limitations and approval requirements, to levy a transactions and use tax for general or specific purposes, in accordance with the procedures and requirements set forth in the Transactions and Use Tax Law, including a requirement that the combined rate of all taxes that may be imposed in accordance with that law in the county not exceed 2%. Current local transactions and use tax law for the County of Los Angeles, known as Measure H, establishes a local tax at a rate of 0.25%, and the revenue from that tax is dedicated to addressing and preventing homelessness. This bill would authorize the County of Los Angeles to impose a transactions and use tax at a rate of no more than 0.50% that, in combination with other transactions and use taxes, would exceed the above-described combined rate limit of 2%, if the county adopts an ordinance proposing the tax and the ordinance proposing the tax is approved by the voters, subject to applicable voter approval requirements. The bill would also require all revenue from the tax to be dedicated to addressing and preventing homelessness, as provided, and would require the local ordinance, upon approval by the electorate, to repeal Measure H. The bill would specify that a transactions and use tax established pursuant to its provisions would not be considered for purposes of the 2% combined rate limitation.

AB 1686 (Grayson D) Ports and harbors: Martinez Marina.

Current Text: Enrolled: 8/15/2023 html pdf
Introduced: 2/17/2023
Status: 8/14/2023-Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 78. Noes 0.).

Location: Assembly Enrollment
Calendar:

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.

Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Current law requires, commencing June 30, 2015, and at the end of every fiscal year thereafter, and subject to an exception described below, that the City of Martinez, as trustee, transmit 20 percent of all gross revenue generated from specified trust lands to the State Lands Commission for allocation by the Treasurer to the General Fund and Land Bank Fund. Current law, in recognition of deteriorated conditions at the Martinez Marina, commencing June 30, 2015, and until June 30, 2021, authorized the commission to relieve the trustee of its obligation to transmit those gross revenues so the trustee can take action to address those conditions, including the dredging of sediment to restore adequate depth for launching, berthing, and safe navigation at the marina. This bill would authorize the commission to relieve the trustee of its obligation to transmit those gross revenues so the trustee can take action to address those conditions at the marina, including the dredging of sediment to restore adequate depth for launching, berthing, and safe navigation at the marina, commencing January 1, 2024, and until June 30, 2029.

SB 4 (Wiener D) Planning and zoning: housing development: higher education institutions and religious institutions.

Current Text: Amended: 8/14/2023 html pdf
Introduced: 12/5/2022
Status: 8/14/2023-Read second time and amended. Re-referred to Com. on APPR.

Location: Assembly Appropriations
Calendar:

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.

Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: The Planning and Zoning Law requires each county and city to adopt a comprehensive, longterm general plan for its physical development, and the development of certain lands outside its boundaries, that includes, among other mandatory elements, a housing element. That law allows a development proponent to submit an application for a development that is subject to a specified streamlined, ministerial approval process not subject to a conditional use permit, if the development satisfies certain objective planning standards. The Zenovich-Moscone-Chacon Housing and Home Finance Act establishes the California Tax Credit Allocation Committee within the Department of Housing and Community Development. Current law requires the committee to allocate state low-income housing tax credits in conformity with state and federal law that establishes a maximum rent that may be charged to a tenant for a project unit constructed using low-income housing tax credits. This bill would require that a housing development project be a use by right upon the request of an applicant who submits an application for streamlined approval, on any land owned by an independent institution of higher education or religious institution on or before January 1, 2024, if the development satisfies specified criteria, including that the development is not adjoined to any site where more than one-third of the square footage on the site is dedicated to industrial use. The bill would define various terms for these purposes.

SB 19 (Seyarto R) Anti-Fentanyl Abuse Task Force.

Current Text: Amended: 6/22/2023 html pdf
Introduced: 12/5/2022
Status: 8/16/2023-August 16 set for first hearing. Placed on suspense file.

Page 12 ends

Page 78 of 300 ends

Location: Assembly Appropriations Suspense File
Calendar:

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.

Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Would, upon appropriation by the Legislature, establish the Anti-Fentanyl Abuse Task Force to undertake various duties relating to fentanyl abuse including, among others, collecting and organizing data on the nature and extent of fentanyl abuse in California and evaluating approaches to increase public awareness of fentanyl abuse. The bill would require the task force to be chaired by the Attorney General, or their designee, and would specify the membership of the task force. The bill would require the first meeting of the task force to take place no later than March 1, 2024, and would require the task force to meet at least once every 2 months. The bill would require the task force to report its findings and recommendations to the Attorney General, the Governor, and the Legislature by July 1, 2025. The bill would repeal these provisions on January 1, 2026.

SB 43 (Eggman D) Behavioral health.

Current Text: Amended: 7/13/2023 html pdf
Introduced: 12/5/2022
Status: 8/16/2023-August 16 hearing postponed by committee.

Location: Assembly Appropriations
Calendar:

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.

Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: The Lanterman-Petris-Short Act provides for the involuntary commitment and treatment of a person who is a danger to themselves or others or who is gravely disabled. Current law, for purposes of involuntary commitment, defines “gravely disabled” as either a condition in which a person, as a result of a mental health disorder, is unable to provide for their basic personal needs for food, clothing, or shelter or has been found mentally incompetent, as specified. This bill expands the definition of “gravely disabled” to also include a condition in which a person, as a result of a severe substance use disorder, or a co-occurring mental health disorder and a severe substance use disorder, is, in addition to the basic personal needs described above, unable to provide for their personal safety or necessary medical care, as defined. The bill would authorize counties to defer implementation of these provisions to January 1, 2025, as specified.

SB 50 (Bradford D) Vehicles: enforcement.

Current Text: Amended: 6/29/2023 html pdf
Introduced: 12/5/2022
Status: 8/16/2023-August 16 set for first hearing. Placed on suspense file.

Location: Assembly Appropriations Suspense File
Calendar:

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.

Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Under current law, it is unlawful to disobey the lawful order, signal, or direction of a uniformed peace officer performing any duties pursuant to the Vehicle Code or to refuse to submit to any lawful vehicular inspection authorized by the Vehicle Code. Current case law deems a temporary detention of a person during an automobile stop by the police, even if only for a brief period and for a limited purpose, a seizure, under the Fourth Amendment of the Constitution of the United States, and as such, requires the actions to be reasonable. Under current case law, the decision to stop an automobile is reasonable if the police have probable cause to believe that a traffic violation has occurred. Current case law holds that constitutional reasonableness of traffic stops does not depend on the actual motivations of the individual officers involved and that ulterior motives do not invalidate police conduct that is justifiable on the basis of probable cause to believe that a violation of law has occurred. This bill would prohibit a peace officer from stopping or detaining the operator of a motor vehicle or bicycle for a low-level infraction, as defined, unless a separate, independent basis for a stop exists or more than one low-level infraction is observed. The bill would state that a violation of these provisions is not grounds for a defendant to move for return of property or to suppress evidence.

SB 55 (Umberg D) Vehicles: catalytic converters.

Current Text: Amended: 7/5/2023 html pdf
Introduced: 12/6/2022
Status: 8/16/2023-From committee: Do pass. Ordered to consent calendar. (Ayes 15. Noes 0.) (August 16).

Location: Assembly Consent Calendar
Calendar: 8/17/2023 #15 ASSEMBLY SECOND READING FILE -- SENATE BILLS Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.

Page 13 ends

Page 79 of 300 ends

the payment is made by check, as specified. This bill, in addition to payment by check, would allow for payment by credit card or any other form of traceable payment other than cash.

SB 58 (Wiener D) Controlled substances: decriminalization of certain hallucinogenic substances.

Current Text: Amended: 7/13/2023 html pdf
Introduced: 12/16/2022
Status: 8/16/2023-August 16 set for first hearing. Placed on suspense file.

Location: Assembly Appropriations Suspense File
Calendar:

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.

Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Would make lawful the possession, preparation, obtaining, transfer, as specified, or transportation of, specified quantities of psilocybin, psilocyn, dimethyltryptamine (DMT), ibogaine, and mescaline, for personal use, as defined, by and with persons 21 years of age or older. The bill would provide penalties for possession of these substances on school grounds, or possession by, or transferring to, persons under 21 years of age.

SB 94 (Cortese D) Recall and resentencing: special circumstances.

Current Text: Amended: 6/20/2023 html pdf
Introduced: 1/18/2023
Status: 8/16/2023-August 16 set for first hearing. Placed on suspense file.

Location: Assembly Appropriations Suspense File
Calendar:

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.

Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Current law provides for various specified special circumstances, including murder committed for financial gain or committed during the commission or attempted commission of certain felonies, which, if found true as specified, require a defendant found guilty of murder in the first degree to be sentenced to death or imprisonment for life without the possibility of parole. Current law, added by Proposition 115 of the June 5, 1990, statewide primary election, prohibits a judge from striking or dismissing any special circumstance that is admitted by plea or found true by a jury or court, as specified. Current law generally authorizes a court to dismiss an action or to strike or dismiss an enhancement in the furtherance of justice, except if dismissal of that enhancement is prohibited by any initiative statute. This bill would authorize an individual serving a sentence of life imprisonment without the possibility of parole for a conviction in which one or more special circumstances were found to be true to petition for recall and resentencing if the offense occurred before June 5, 1990, and the individual has served at least 25 years in custody. The bill would exempt individuals from relief under these provisions under certain circumstances, including if the individual was convicted of first degree murder of a peace officer, as specified. The bill would authorize the court to modify the petitioner’s sentence to impose a lesser sentence and apply any changes in law that reduce sentences or provide for judicial discretion, or to vacate the petitioner’s conviction and impose judgment on a lesser included offense, as specified.

SB 233 (Skinner D) Electric vehicles and electric vehicle supply equipment: bidirectional capability.

Current Text: Amended: 8/14/2023 html pdf
Introduced: 1/24/2023
Status: 8/14/2023-Read second time and amended. Re-referred to Com. on APPR.

Location: Assembly Appropriations
Calendar:

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.

Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Would require the State Energy Resources Conservation and Development Commission, in consultation with the State Air Resources Board, on or before June 30, 2024, to convene a stakeholder workgroup to examine challenges and opportunities associated with using an electric vehicle as a mobile battery to power a home or building or to provide electricity to the electrical grid, and require the Energy Commission, in consultation with the stakeholder workgroup, on or before January 1, 2026, to submit a report to the Governor and Legislature that includes, among other things, specified information related to the bidirectional capability of electric vehicles and electric vehicle service equipment, as specified.

SB 258 (Roth D) General aviation airports: funding needs assessment.

Current Text: Amended: 3/15/2023 html pdf
Introduced: 1/30/2023
Status: 8/16/2023-August 16 set for first hearing. Placed on suspense file.

Location: Assembly Appropriations Suspense File
Calendar:

Page 14 ends

Page 80 of 300 ends

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.

Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Would require the California Transportation Commission to prepare a funding needs assessment for the state’s general aviation airports. As part of the funding needs assessment, the bill would require the commission to forecast the expected revenue to pay for the costs identified in the needs assessment, any shortfall in revenue to cover the costs, and recommendations on how any shortfall should be addressed. The bill would require the funding needs assessment to be informed by the California Aviation System Plan and the most recent capital improvement plan. The bill would require the commission to submit the funding needs assessment to the Legislature on or before January 1, 2026.

SB 321 (Ashby D) Literacy: libraries: Local Public Library Partnership Program.

Current Text: Amended: 6/30/2023 html pdf
Introduced: 2/6/2023
Status: 8/16/2023-August 16 set for first hearing. Placed on suspense file.

Location: Assembly Appropriations Suspense File
Calendar:

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.

Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Current law authorizes the State Librarian to give advisory, consultive, and technical assistance with respect to public libraries to librarians and library authorities, and assist all other authorities, state and local, in assuming their full responsibility for library services. This bill would establish the Local Public Library Partnership Program, under the administration of the State Librarian, for purposes of ensuring that all pupils have access to a local public library by 3rd grade.

SB 389 (Allen D) State Water Resources Control Board: investigation of water right.

Current Text: Amended: 7/6/2023 html pdf
Introduced: 2/9/2023
Status: 8/16/2023-From committee: Do pass. (Ayes 11. Noes 4.) (August 16).

Location: Assembly Appropriations
Calendar: 8/17/2023 #8 ASSEMBLY SECOND READING FILE -- SENATE BILLS Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.

Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Current law authorizes the State Water Resources Control Board to investigate bodies of water, to take testimony in regard to the rights to water or the use of water, and to ascertain whether or not water is appropriated lawfully, as provided. Under current law, the diversion or use of water other than as authorized by specified provisions of law is a trespass, subject to specified civil liability. This bill would instead authorize the board to investigate and ascertain whether or not a water right is valid. The bill would authorize the board to issue an information order in furtherance of an investigation, as executed by the executive director of the board, to a water right holder or claimant, diverter, or user to provide the information related to a diversion and use of water, as specified. The bill would authorize a diversion or use of water ascertained to be unauthorized pursuant to this provision to be enforced as a trespass.

SB 418 (Padilla D) California Prison Redevelopment Commission.

Current Text: Amended: 7/12/2023 html pdf
Introduced: 2/9/2023
Status: 8/16/2023-August 16 set for first hearing. Placed on suspense file.

Location: Assembly Appropriations Suspense File
Calendar:

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.

Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Current law requires the Department of Corrections and Rehabilitation to begin reducing private in-state male contract correctional facilities and reducing the capacity of state-owned and operated prisons or in-state leased or contract correctional facilities, as specified. This bill would establish the California Prison Redevelopment Commission, under the direction of the Director of GO-Biz and consisting of 15 members, including, among others, representatives from the Department of Corrections and Rehabilitation, the Department of Finance, and the Department of General Services, and members appointed by the Governor, the Speaker of the Assembly, and the Senate Rules Committee, as specified. This bill would specify that the task of the commission is to prepare a report with the commission’s findings and recommendations that deliver a set of clear and credible recommendations for creative uses of closed prison facilities that will turn those sites into community assets, as specified.

SB 423 (Wiener D) Land use: streamlined housing approvals: multifamily housing developments.

Current Text: Amended: 8/14/2023 html pdf
Introduced: 2/13/2023
Status: 8/14/2023-Read second time and amended. Re-referred to Com. on APPR.

Page 15 ends

Page 81 of 300 ends

Location: Assembly Appropriations
Calendar:

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.

Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: The Planning and Zoning Law authorizes a development proponent to submit an application for a multifamily housing development that is subject to a streamlined, ministerial approval process, as provided, and not subject to a conditional use permit, if the development satisfies specified objective planning standards, including, among others, that the development proponent has committed to record, prior to the issuance of the first building permit, a land use restriction or covenant providing that any lower or moderateincome housing units required, as specified, remain available at affordable housing costs, as defined, or rent to persons and families of lower or moderate-income for no less than specified periods of time. Current law repeals these provisions on January 1, 2026. This bill would authorize the Department of General Services to act in the place of a locality or local government, at the discretion of that department, for purposes of the ministerial, streamlined review for development in compliance with the above-described requirements on property owned by or leased to the state. The bill would extend the operation of the streamlined, ministerial approval process to January 1, 2036.

SB 544 (Laird D) Bagley-Keene Open Meeting Act: teleconferencing.

Current Text: Amended: 8/14/2023 html pdf
Introduced: 2/15/2023
Status: 8/14/2023-Read second time and amended. Re-referred to Com. on APPR.

Location: Assembly Appropriations
Calendar:

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.

Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Current law, until July 1, 2023, authorized, subject to specified notice and accessibility requirements, a state body to hold public meetings through teleconferencing and suspended certain requirements of the Bagley-Keene Open Meeting Act, including the specified-described teleconference requirements. This bill would remove the teleconference requirements that a state body post agendas at all teleconference locations, that each teleconference location be identified in the notice and agenda of the meeting or proceeding, and that each teleconference location be accessible to the public. The bill would require a state body to provide a means by which the public may remotely hear audio of the meeting, remotely observe the meeting, or attend the meeting by providing on the posted agenda a teleconference telephone number, an internet website or other online platform, and a physical address for at least one site, including, if available, access equivalent to the access for a member of the state body participating remotely.

The bill would require any notice required by the act to specify the applicable teleconference telephone number, internet website or other online platform, and physical address indicating how the public can access the meeting remotely and in person. The bill would revise existing law to no longer require that members of the public have the opportunity to address the state body directly at each teleconference location, but would continue to require that the agenda provide an opportunity for members of the public to address the state body directly. The bill would require a member or staff to be physically present at the location specified in the notice of the meeting. The bill would require a majority of the members of the state body to be physically present at the same location for at least 1/2 of the meetings of that state body.

SB 572 (Stern D) Natural gas: prices: report.

Current Text: Amended: 7/3/2023 html pdf
Introduced: 2/15/2023
Status: 8/16/2023-August 16 set for first hearing. Placed on suspense file.

Location: Assembly Appropriations Suspense File
Calendar:

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.

Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Would require the Public Utilities Commission, on or before February 1, 2024, and in consultation with the State Energy Resources Conservation and Development Commission to the extent necessary to analyze the natural gas wholesale market and trends, to submit a report to the relevant legislative policy committees on the status, outcomes, and recommendations, if any, of the commission order as specified and the status and any findings of any related investigations by the Federal Energy Regulatory Commission.

SB 690 (Rubio D) Domestic violence.

Current Text: Introduced: 2/16/2023 html pdf
Introduced: 2/16/2023
Status: 8/16/2023-August 16 set for first hearing. Placed on suspense file.

Location: Assembly Appropriations Suspense File
Calendar:

Page 16 ends

Page 82 of 300 ends

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.

Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Current law makes the infliction of corporal injury resulting in a traumatic condition upon specified victims, including the offender’s spouse or former spouse, punishable by imprisonment in the state prison for 2, 3, or 4 years, or in a county jail for not more than one year, or a fine of up to $6,000, or by both that fine and imprisonment. Current law authorizes prosecution for that criminal act to be commenced within 5 years, and applies this provision to criminal acts that are committed on or after January 1, 2020, and to criminal acts for which the statute of limitations that was in effect prior to January 1, 2020, has not run as of January 1, 2020. This bill would authorize prosecution for that crime to be commenced within 15 years.

The bill would apply to crimes that are committed on or after January 1, 2024, and to crimes for which the statute of limitations that was in effect prior to January 1, 2024, has not run as of January 1, 2024.

SB 706 (Caballero D) Public contracts: progressive design-build: local agencies.

Current Text: Amended: 6/28/2023 html pdf
Introduced: 2/16/2023
Status: 8/16/2023-From committee: Do pass. Ordered to consent calendar. (Ayes 15. Noes 0.) (August 16).

Location: Assembly Consent Calendar
Calendar: 8/17/2023 #35 ASSEMBLY SECOND READING FILE -- SENATE BILLS Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.

SB 747 (Caballero D) Land use: surplus land.

Current Text: Amended: 8/14/2023 html pdf
Introduced: 2/17/2023
Status: 8/14/2023-Read second time and amended. Re-referred to Com. on APPR.

Location: Assembly Appropriations
Calendar:

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.

Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Current law prescribes requirements for the disposal of surplus land by a local agency. Current law defines “surplus land” to generally mean land owned in fee simple by a local agency for which the local agency’s governing body takes formal action in a public meeting declaring that the land is surplus and not necessary for the agency’s use. Current law defines “agency’s use” to include land that is being used, is planned to be used pursuant to a written plan adopted by the local agency’s governing board, or is disposed of to support agency work or operations. Current law excludes from “agency’s use” commercial or industrial uses or activities, or property disposed of for the sole purpose of investment or generation of revenue, unless the local agency is a district, except as specified, and the agency’s governing body takes specified actions in a public meeting. Current law excludes from these requirements the disposal of exempt surplus land by an agency of the state or any local government. Current law requires a local agency to declare land as either surplus land or exempt surplus land, as supported by written findings, before a local agency may take any action to dispose of it. Under current law, exempt surplus land includes, among other types of land, property that is used by a district for an “agency’s use” as expressly authorized, land for specified developments, including a mixed-use development, if put out to open, competitive bid by a local agency, as specified, and surplus land that is subject to specified valid legal restrictions. Current law defines for a local agency that is a district, except for those districts whose primary mission is to supply the public with a transportation system, “agency’s use” to include commercial or industrial uses or activities, or property disposed of for the sole purpose of investment or generation of revenue. This bill would define the term “dispose” for these purposes to mean the sale of the surplus property or a lease of any surplus property entered into on or after January 1, 2024, for a term longer than 15 years, including renewal options, as specified.

SCR 16 (Roth D) Deputy Isaiah A. Cordero Memorial Highway.

Current Text: Enrollment: 8/15/2023 html pdf
Introduced: 1/25/2023
Status: 8/15/2023-In Senate. Ordered to engrossing and enrolling.

Location: Senate Enrollment
Calendar:

Page 17 ends

Page 83 of 300 ends

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.

Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Would designate a specified portion of State Highway Route 60 in the County of Riverside as the Deputy Isaiah A. Cordero Memorial Highway. The measure would also request the Department of Transportation to determine the cost of appropriate signs showing this special designation and, upon receiving donations from nonstate sources covering the cost, to erect those signs.

SCR 25 (Seyarto R) Deputy Darnell Andrew Calhoun Memorial Highway.

Current Text: Amended: 5/4/2023 html pdf
Introduced: 2/13/2023
Status: 8/15/2023-In Senate. Concurrence in Assembly amendments pending.

Location: Senate Concurrence
Calendar: 8/17/2023 #14 SENATE UNFINISHED BUSINESS
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.

Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Would designate a portion of State Highway Route 15 in the City of Lake Elsinore and the County of Riverside as the Deputy Darnell Andrew Calhoun Memorial Highway. The measure would request the Department of Transportation to determine the cost of appropriate signs showing this special designation and, upon receiving donations from nonstate sources covering that cost, to erect those signs.

Total Measures: 56
Total Tracking Forms: 101

Page 18 ends

Page 84 of 300 ends

Housing & Community Development
Legislative Summary 2023
AB 84 (Ward D) Property tax: welfare exemption: affordable housing.

Current Text: Amended: 7/13/2023 html pdf
Introduced: 12/16/2022
Status: 8/14/2023-In committee: Referred to APPR suspense file.

Location: Senate Appropriations Suspense File
Calendar:

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.

Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Current property tax law, in accordance with the California Constitution, provides for a “welfare exemption” for property used exclusively for religious, hospital, scientific, or charitable purposes and that is owned or operated by certain types of nonprofit entities, if certain qualifying criteria are met. Current law defines “property used exclusively for religious, hospital, or charitable purposes” to include facilities in the course of construction on or after the first Monday of March 1954, as specified. Under current property tax law, property that meets the above-described requirements that is used exclusively for rental housing and related facilities is entitled to a partial exemption, equal to that percentage of the value of the property that is equal to the percentage that the number of units serving lower income households represents of the total number of residential units, in any year that any of certain criteria apply, including that the acquisition, rehabilitation, development, or operation of the property, or any combination of these factors, is financed with tax-exempt mortgage revenue bonds or general obligation bonds, or is financed by local, state, or federal loans or grants and the rents of the occupants who are lower income households do not exceed those prescribed by deed restrictions or regulatory agreements pursuant to the terms of the financing or financial assistance. This bill would expand this partial exemption to property acquired, rehabilitated, developed, or operated, or any combination of these factors, with financing from qualified 501(c)(3) bonds, as defined.

AB 129 (Committee on Budget) Housing.

Current Text: Chaptered: 7/10/2023 html pdf
Introduced: 1/9/2023
Status: 7/10/2023-Approved by the Governor. Chaptered by Secretary of State - Chapter 40, Statutes of 2023.

Location: Assembly Chaptered
Calendar:

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.

Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Current law establishes the Department of Housing and Community Development (HCD) in the Business, Consumer Services, and Housing Agency for purposes of carrying out state housing policies and programs, and creates in HCD the California Housing Finance Agency. This bill would remove the California Housing Finance Agency from within HCD. This bill would continue the existence of the California Housing Finance Agency in the Business, Consumer Services, and Housing Agency.

AB 515 (Ward D) Housing programs: financing.

Current Text: Amended: 7/3/2023 html pdf
Introduced: 2/7/2023
Status: 8/14/2023-In committee: Referred to APPR suspense file.

Location: Senate Appropriations Suspense File
Calendar:

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.

Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Current law establishes the Department of Housing and Community Development and requires it to administer various programs intended to promote the development of housing and to provide housing

Page 1 ends

Page 85 of 300 ends

assistance and home loans. Current law sets forth various general powers of the department in implementing these programs, including authorizing the department to enter into long-term contracts or agreements of up to 30 years for the purpose of servicing loans or grants or enforcing regulatory agreements or other security documents. Current law authorizes the Department of Housing and Community Development to approve an extension of a department loan, the reinstatement of a qualifying unpaid matured loan, the subordination of a department loan to new debt, or an investment of tax credit equity pursuant to specified rental housing finance programs, as specified, unless it would result in a rent increase for tenants of a development. Current law authorizes the department to charge a monitoring fee to cover the aggregate monitoring costs in years the loan is extended and a transaction fee to cover its costs for processing restructuring transactions, and requires developer fee limitations to be consistent with specified laws and regulations, including regulations by the California Tax Credit Allocation Committee. This bill would revise and recast these provisions, including additionally authorizing the department to approve the payoff of a department loan in whole or part prior to the end of its term and the extraction of equity from a development for purposes approved by the department. The bill would prohibit the extension, reinstatement, subordination, payoff, extraction, or investment, as described above, if it would result in a rent increase for tenants of a development over and above the annual adjustment to the tenants’ rents under the department’s regulatory agreement. The bill would authorize the department to waive specified requirements in the regulatory agreement if the loan is paid off, including requiring occupancy and financial reports and governing the use of operating income and reserves for the development.

AB 799 (Rivas, Luz D) Homelessness: financing plan.

Current Text: Amended: 7/3/2023 html pdf
Introduced: 2/13/2023
Status: 8/14/2023-In committee: Referred to APPR suspense file.

Location: Senate Appropriations Suspense File
Calendar:

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.

Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Current law establishes the California Interagency Council on Homelessness to identify mainstream resources, benefits, and services that can be accessed to prevent and end homelessness in California by creating partnerships between federal, state, local, and nonprofit entities. Current law requires the coordinating council to conduct, or contract with an entity to conduct, a statewide assessment to identify state programs that provide housing or services to persons experiencing homelessness or at risk of homelessness, as defined, and collect and analyze data to provide a comprehensive view of the homeless response system. This bill would require the council, in collaboration with continuums of care, counties, and big cities, as defined, and other stakeholders, to establish and regularly update a financing plan to solve homelessness by the year 2035. The bill would require the council to establish and update statewide performance metrics to reduce racial and ethnic disparities in homelessness and to increase successful exits from homelessness to permanent housing by updating the Statewide Action Plan for Preventing and Ending Homelessness in California, no later than January 1, 2025, and would require the council to publish these goals on its internet website, as specified.

AB 968 (Grayson D) Single-family residential property: disclosures.

Current Text: Chaptered: 7/21/2023 html pdf
Introduced: 2/14/2023
Status: 7/21/2023-Approved by the Governor. Chaptered by Secretary of State - Chapter 95, Statutes of 2023.

Location: Assembly Chaptered
Calendar:

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.

Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Would require a seller of a single-family residential property who accepts an offer for the sale of the single-family residential property within 18 months from the date that title for the single-family residential property was transferred to the seller to disclose to the buyer specified information, including any room additions, structural modifications, other alterations, or repairs made to the property since title to the property was transferred to the seller that were performed by a contractor and the name of each contractor with whom the seller entered into a contract with for the room additions, structural modifications, other alterations, or repairs, as specified. The bill would alternatively authorize a seller to satisfy these obligations by providing a list of room additions, structural modifications, other alterations, or repairs performed by, and provided by, the contractor with whom the seller contracted for the room additions, structural modifications, other alterations, or repairs. The bill would require the seller to provide a copy of any permit for any room additions, structural modifications, other alterations, or repairs to the buyer or, if the seller contracted with a third party and was not provided with a copy of the permits, by informing the buyer that information on permits may be obtained from a third party and providing the third party’s contact information. The bill would specify that these provisions apply to the sale of a single-family residential property where the seller accepts an offer from a buyer to purchase the property on or after July 1, 2024.

Page 2 ends

Page 86 of 300 ends

AB 1132 (Friedman D) Solar energy systems: permit fees.

Current Text: Introduced: 2/15/2023 html pdf
Introduced: 2/15/2023
Status: 6/27/2023-Read second time. Ordered to third reading.

Location: Senate Third Reading
Calendar: 8/17/2023 #90 SENATE ASSEMBLY BILLS - THIRD READING FILE Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.

Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Current law, for purposes of governing property rights, defines a “solar energy system” as specified to include any solar collector or other solar energy device whose primary purpose is to provide for the collection, storage, and distribution of solar energy for space heating, space cooling, electric generation, or water heating. Current law prescribes and limits permit fees that a city or county may charge for a residential and commercial solar energy system. Current law repeals these provisions on January 1, 2025.

This bill would extend that repeal date to January 1, 2034. By extending the operation of the requirements imposed on a city or county in connection with those solar energy systems, the bill would impose a statemandated local program.

AB 1215 (Carrillo, Wendy D) Pets Assistance With Support Grant Program: homeless shelters: domestic violence shelters: pets.

Current Text: Amended: 5/18/2023 html pdf
Introduced: 2/16/2023
Status: 7/3/2023-In committee: Referred to APPR suspense file.

Location: Senate Appropriations Suspense File
Calendar:

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.

Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Would require the Department of Housing and Community Development to develop and administer the Pets Assistance With Support Grant Program (PAWS), to award grants to qualified homeless shelters and qualified domestic violence shelters, as defined. The bill would require grant recipients to meet certain availability and service requirements as they relate to the pets of people experiencing homelessness and people escaping domestic violence. The bill would authorize the department to use up to 7% of the funds appropriated in the annual Budget Act for those purposes for its costs in administering the program.

AB 1490 (Lee D) Affordable housing development projects: adaptive reuse.

Current Text: Amended: 7/10/2023 html pdf
Introduced: 2/17/2023
Status: 8/14/2023-In committee: Referred to APPR suspense file.

Location: Senate Appropriations Suspense File
Calendar:

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.

Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Under this bill, a housing development that is, among other requirements, an extremely affordable adaptive reuse project on an infill parcel that is not located on or adjoined to a site where more than 1/3 of the square footage on the site is dedicated to industrial use, as specified, would be an allowable use. The bill would authorize a local agency to impose objective design review standards, except as specified.

The bill would authorize a local agency to deny the project if it is proposed to be located on a site or adjoined to any site where any of the square footage on the site is dedicated to industrial use and the local agency makes written findings that approving the development would have an adverse effect on public health and safety. The bill would provide that for purposes of the Housing Accountability Act, a proposed housing development project is consistent, compliant, and in conformity with an applicable plan, program, policy, ordinance, standard, requirement, or other similar provision if the housing development project is consistent with the standards specified in these provisions. The bill would require a local agency to determine whether the proposed development meets those standards within specified timeframes. The bill would define an “extremely affordable adaptive reuse project” for these purposes to mean a multifamily housing development project that involves retrofitting and repurposing of a residential or commercial building that currently allows temporary dwelling or occupancy, and that meets specified affordability requirements, including that 100% of the units be dedicated to lower income households, 50% of which shall be dedicated to very low income households, as specified. Because the bill would require local officials to provide a higher level of service, the bill would impose a state-mandated local program. This bill contains other related provisions and other existing laws.

AB 1505 (Rodriguez D) Seismic retrofitting: soft story multifamily housing.

Current Text: Amended: 7/3/2023 html pdf
Introduced: 2/17/2023
Status: 7/11/2023-From committee: Do pass and re-refer to Com. on APPR with recommendation: To

Page 3 ends

Page 87 of 300 ends

Consent Calendar. (Ayes 14. Noes 0.) (July 11). Re-referred to Com. on APPR.

Location: Senate Appropriations
Calendar: 8/21/2023 10 a.m. - 1021 O Street, Room 1200 SENATE APPROPRIATIONS, PORTANTINO, ANTHONY, Chair
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.

Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Current law establishes the Seismic Retrofitting Program for Soft Story Multifamily Housing for the purposes of providing financial assistance to owners of soft story multifamily housing for seismic retrofitting to protect individuals living in multifamily housing that have been determined to be at risk of collapse in earthquakes, as specified. Current law also establishes the Seismic Retrofitting Program for Soft Story Multifamily Housing Fund, and its subsidiary account, the Seismic Retrofitting Account, within the State Treasury. Current law provides that the Legislature will appropriate $250,000,000 from the General Fund in the 2023–24 Budget Act to the Seismic Retrofitting Program for Soft Story Multifamily Housing Fund for the purposes of carrying out the program. Current law requires the CRMP to develop and administer the program, as specified. Existing law makes these provisions inoperative on July 1, 2042, and repeals them as of January 1, 2043. Current federal law, the Robert T. Stafford Disaster Relief and Emergency Assistance Act, establishes various grant opportunities, including the Hazard Mitigation Grant Program and Building Resilient Infrastructure and Communities grant program, to support hazard mitigation projects. This bill would remove the requirement for the Legislature to appropriate $250,000,000 from the General Fund in the 2023–24 Budget Act to the Seismic Retrofitting Program for Soft Story Multifamily Housing Fund. The bill would authorize the Office of Emergency Services to dedicate federal Hazard Mitigation Grant Program and Building Resilient Infrastructure and Communities application funding to specified projects to augment and support the Seismic Retrofitting Program for Soft Story Multifamily Housing.

AB 1657 (Wicks D) The Affordable Housing Bond Act of 2024.

Current Text: Amended: 4/17/2023 html pdf
Introduced: 2/17/2023
Status: 8/14/2023-In committee: Referred to APPR suspense file.

Location: Senate Appropriations Suspense File
Calendar:

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.

Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Would enact the Affordable Housing Bond Act of 2024, which, if adopted, would authorize the issuance of bonds in the amount of $10,000,000,000 pursuant to the State General Obligation Bond Law.

Proceeds from the sale of these bonds would be used to finance programs to fund affordable rental housing and homeownership programs, including, among others, the Multifamily Housing Program, the CalHome Program, and the Joe Serna, Jr. Farmworker Housing Grant Program.

AB 1734 (Jones-Sawyer D) Local Government: Surplus Land Act: exemptions.

Current Text: Amended: 7/12/2023 html pdf
Introduced: 2/17/2023
Status: 8/9/2023-In committee: Hearing postponed by committee.

Location: Senate Appropriations
Calendar: 8/21/2023 10 a.m. - 1021 O Street, Room 1200 SENATE APPROPRIATIONS, PORTANTINO, ANTHONY, Chair
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.

Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Current law requires land to be declared surplus land or exempt surplus land, as supported by written findings, before a local agency takes any action to dispose of it consistent with the agency’s policies or procedures. Current law sets forth procedures for the disposal of surplus land, including, but not limited to, specified notice requirements, and provides that these procedures do not apply to exempt surplus land.

This bill would specify that land disposed of by a local agency for certain purposes, including low barrier navigation centers, supportive housing, transitional housing for youth and young adults, or affordable housing, as described, is not subject to the above-described requirements, if the local agency meets certain prescribed requirements, including, among others, having declared a local emergency related to homelessness, as specified. The bill would require a local agency that disposes of land pursuant to these provisions to submit a specified annual report to the Department of Housing and Community Development.

ACA 1 (Aguiar-Curry D) Local government financing: affordable housing and public infrastructure:
voter approval.

Current Text: Amended: 7/13/2023 html pdf
Introduced: 12/5/2022
Status: 8/14/2023-Re-referred to Com. on APPR.

Location: Assembly Appropriations
Calendar:

Page 4 ends

Page 88 of 300 ends

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.

Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: The California Constitution prohibits the ad valorem tax rate on real property from exceeding 1% of the full cash value of the property, subject to certain exceptions. This measure would create an additional exception to the 1% limit that would authorize a city, county, city and county, or special district to levy an ad valorem tax to service bonded indebtedness incurred to fund the construction, reconstruction, rehabilitation, or replacement of public infrastructure, affordable housing, or permanent supportive housing, or the acquisition or lease of real property for those purposes, if the proposition proposing that tax is approved by 55% of the voters of the city, county, city and county, or special district, as applicable, and the proposition includes specified accountability requirements. The measure would specify that these provisions apply to any city, county, city and county, or special district measure imposing an ad valorem tax to pay the interest and redemption charges on bonded indebtedness for these purposes that is submitted at the same election as this measure.

ACA 10 (Haney D) Fundamental human right to housing.

Current Text: Introduced: 3/6/2023 html pdf
Introduced: 3/6/2023
Status: 6/7/2023-Coauthors revised. From committee: Be adopted, and re-refer to Com. on APPR. Rereferred. (Ayes 6. Noes 2.) (June 7). Re-referred to Com. on APPR.

Location: Assembly Appropriations
Calendar:

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.

Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: The California Constitution enumerates various personal rights, including the right to enjoy and defend life and liberty, acquiring, possessing, and protecting property, and pursuing and obtaining safety, happiness, and privacy. This measure would declare that the state recognizes the fundamental human right to adequate housing for everyone in California. The measure would make it the shared obligation of state and local jurisdictions to respect, protect, and fulfill this right, by all appropriate means, as specified.

AJR 3 (Grayson D) Affordable Housing Credit Improvement Act of 2023.

Current Text: Enrolled: 8/15/2023 html pdf
Introduced: 3/27/2023
Status: 8/14/2023-Adopted and to Assembly. (Ayes 38. Noes 0.) In Assembly. Ordered to Engrossing and Enrolling.

Location: Assembly Enrollment
Calendar:

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.

Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Would declare that the Legislature supports a reduction to the threshold for tax-exempt bond financing and joins the Treasurer in urging the passage of the federal Affordable Housing Credit Improvement Act of 2023.

SB 4 (Wiener D) Planning and zoning: housing development: higher education institutions and religious institutions.

Current Text: Amended: 8/14/2023 html pdf
Introduced: 12/5/2022
Status: 8/14/2023-Read second time and amended. Re-referred to Com. on APPR.

Location: Assembly Appropriations
Calendar:

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.

Page 5 ends

Page 89 of 300 ends

SB 35 (Umberg D) Community Assistance, Recovery, and Empowerment (CARE) Court Program.

Current Text: Amended: 7/12/2023 html pdf
Introduced: 12/5/2022
Status: 7/12/2023-Read second time and amended. Re-referred to Com. on APPR.

Location: Assembly Appropriations
Calendar: 8/23/2023 9 a.m. - 1021 O Street, Room 1100 ASSEMBLY APPROPRIATIONS, HOLDEN, CHRIS, Chair
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.

Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: The Community Assistance, Recovery, and Empowerment (CARE) Act authorizes specified adult persons to petition a civil court to create a voluntary CARE agreement or a court-ordered CARE plan and implement services, to be provided by county behavioral health agencies, to provide behavioral health care, including stabilization medication, housing, and other enumerated services, to adults who are currently experiencing a severe mental illness and have a diagnosis identified in the disorder class schizophrenia and other psychotic disorders, and who meet other specified criteria. This bill would authorize CARE Act proceedings to be conducted by a superior court judge or by a court-appointed commissioner or other subordinate judicial officer. The bill would require that there is no fee for filing a petition nor any fees charged by any public officer for services in filing or serving papers or for the performance of any duty enjoined by the CARE Act.

SB 69 (Cortese D) California Environmental Quality Act: local agencies: filing of notices of determination or exemption.

Current Text: Amended: 7/12/2023 html pdf
Introduced: 1/5/2023
Status: 8/16/2023-August 16 set for first hearing. Placed on suspense file.

Location: Assembly Appropriations Suspense File
Calendar:

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.

Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: The California Environmental Quality Act (CEQA) requires a local agency that approves or determines to carry out a project subject to CEQA to file a notice of determination with the county clerk of each county in which the project will be located, as provided. CEQA authorizes a local agency that determines that a project is not subject to CEQA to file a notice of exemption with the county clerk of each county in which the project will be located, as provided. CEQA requires the county clerk to make the notice available for public inspection and post the notice within 24 hours of receipt in the office or on the internet website of the county clerk, as specified. CEQA requires an action or proceeding challenging an act or decision of a public agency, including a local agency, on the grounds of noncompliance with CEQA to be commenced within certain time periods, as specified. This bill would require a local agency to file a notice of determination with the State Clearinghouse in the Office of Planning and Research in addition to the county clerk of each county in which the project will be located. The bill would authorize a local agency to file a notice of exemption with the State Clearinghouse in the Office of Planning and Research in addition to the county clerk of each county in which the project will be located. The bill would require the notice, including any subsequent or amended notice, to be posted both in the office and on the internet website of the county clerk and by the Office of Planning and Research on the State Clearinghouse internet website within 24 hours of receipt. The bill would specify that the posting of the notice by the Office of Planning and Research would not affect the applicable time periods to challenge an act or decision of a local agency, as described above.

SB 129 (Committee on Budget and Fiscal Review) Housing.

Current Text: Amended: 6/26/2023 html pdf
Introduced: 1/18/2023
Status: 6/26/2023-From committee with author's amendments. Read second time and amended. Rereferred to Com. on BUDGET.

Location: Assembly Budget
Calendar:

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.

SB 240 (Ochoa Bogh R) Surplus state real property: affordable housing and housing for formerly incarcerated individuals.

Page 6 ends

Page 90 of 300 ends

Current Text: Amended: 5/2/2023 html pdf
Introduced: 1/25/2023
Status: 8/16/2023-August 16 set for first hearing. Placed on suspense file.

Location: Assembly Appropriations Suspense File
Calendar:

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.

Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Current law requires a local agency or nonprofit affordable housing sponsor to satisfy certain requirements to be considered as a potential priority buyer of surplus state real property, including that the local agency or nonprofit affordable housing sponsor demonstrate, to the satisfaction of the department, that the surplus state real property, or portion of that surplus state real property, is to be used by the local agency or nonprofit affordable housing sponsor for open space, public parks, affordable housing projects, or development of local government-owned facilities. Current law authorizes the Department of General Services to sell surplus state real property, or a portion of surplus state real property, to a local agency, or to a nonprofit affordable housing sponsor if no local agency is interested in the surplus state real property, for affordable housing projects at a sales price less than fair market value if the department determines that such a discount will enable the provision of housing for persons and families of low or moderate income. This bill would additionally authorize a local agency or nonprofit affordable housing sponsor to be considered as a potential priority buyer of surplus state real property upon demonstration that the property is to be used by the agency or sponsor for housing for formerly incarcerated individuals, subject to the same provisions described above, as specified.

SB 272 (Laird D) Sea level rise: planning and adaptation.

Current Text: Amended: 6/6/2023 html pdf
Introduced: 1/31/2023
Status: 8/16/2023-August 16 set for first hearing. Placed on suspense file.

Location: Assembly Appropriations Suspense File
Calendar:

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.

Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Current law creates within the Ocean Protection Council the California Sea Level Rise State and Regional Support Collaborative to provide state and regional information to the public and support to local, regional, and other state agencies for the identification, assessment, planning, and, where feasible, the mitigation of the adverse environmental, social, and economic effects of sea level rise within the coastal zone, as provided. This bill would require a local government, as defined, lying, in whole or in part, within the coastal zone, as defined, or within the jurisdiction of the San Francisco Bay Conservation and Development Commission, as defined, to implement sea level rise planning and adaptation through either submitting, and receiving approval for, a local coastal program, as defined, to the California Coastal Commission or submitting, and receiving approval for, a subregional San Francisco Bay shoreline resiliency plan to the San Francisco Bay Conservation and Development Commission, as applicable, on or before January 1, 2034, as provided. By imposing additional requirements on local governments, the bill would impose a state-mandated local program. The bill would require local governments that receive approval for sea level rise planning and adaptation on or before January 1, 2029, to be prioritized for sea level rise funding, upon appropriation by the Legislature, for the implementation of projects in the local government’s approved sea level rise adaptation plan.

SB 423 (Wiener D) Land use: streamlined housing approvals: multifamily housing developments.

Current Text: Amended: 8/14/2023 html pdf
Introduced: 2/13/2023
Status: 8/14/2023-Read second time and amended. Re-referred to Com. on APPR.

Location: Assembly Appropriations
Calendar:

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.

Page 7 ends

Page 91 of 300 ends

SB 440 (Skinner D) Regional Housing Finance Authorities.

Current Text: Amended: 6/30/2023 html pdf
Introduced: 2/13/2023
Status: 8/16/2023-August 16 set for first hearing. Placed on suspense file.

Location: Assembly Appropriations Suspense File
Calendar:

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.

Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: The San Francisco Bay Area Regional Housing Finance Act establishes the Bay Area Housing Finance Authority to raise, administer, and allocate funding for affordable housing in the San Francisco Bay area, as defined, and provide technical assistance at a regional level for tenant protection, affordable housing preservation, and new affordable housing production. The Los Angeles County Regional Housing Finance Act similarly establishes the Los Angeles County Affordable Housing Solutions Agency to increase the supply of affordable housing in Los Angeles County, as specified. This bill, the Regional Housing Finance Act, would authorize 2 or more local governments, as defined, to establish a regional housing finance authority to raise, administer, and allocate funding for affordable housing in the jurisdiction of the authority, as defined, and provide technical assistance at a regional level for affordable housing development, including new construction and the preservation of existing housing to serve a range of incomes and housing types. The bill would require an authority to be governed by a board composed of at least 3 directors who are elected officials representing the local governments that are members of the authority.

SB 532 (Wiener D) San Francisco Bay area toll bridges: tolls: transit operating expenses.

Current Text: Amended: 6/29/2023 html pdf
Introduced: 2/14/2023
Status: 7/6/2023-From committee: Do pass and re-refer to Com. on APPR. (Ayes 10. Noes 4.) (July 5). Rereferred to Com. on APPR.

Location: Assembly Appropriations
Calendar:

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.

Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Would, until December 31, 2028, require the Bay Area Toll Authority (BATA) to increase the toll rate for vehicles for crossing the state-owned toll bridges in the San Francisco Bay area by $1.50, as adjusted for inflation. The bill would require the revenues collected from this toll to be deposited in the Bay Area Toll Account, would continuously appropriate moneys from this toll increase and other specified tolls, and would require moneys from this toll to be transferred to the Metropolitan Transportation Commission (MTC) for allocation to transit operators that provide service within the San Francisco Bay area and that are experiencing a financial shortfall, as specified. The bill would direct MTC to require each transit operator eligible to receive an allocation from the account to, on an annual basis, submit a 5-year projection of its operating needs, as specified.

SB 684 (Caballero D) Land use: streamlined approval processes: development projects of 10 or fewer residential units on urban lots under 5 acres.

Current Text: Amended: 7/13/2023 html pdf
Introduced: 2/16/2023
Status: 8/16/2023-August 16 set for first hearing. Placed on suspense file.

Location: Assembly Appropriations Suspense File
Calendar:

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.

Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: The Subdivision Map Act vests the authority to regulate and control the design and improvement of subdivisions in the legislative body of a local agency and sets forth procedures governing the local agency’s processing, approval, conditional approval or disapproval, and filing of tentative, final, and parcel maps, and the modification thereof. The act generally requires a subdivider to file a tentative map or vesting tentative map with the local agency, as specified, and the local agency, in turn, to approve, conditionally approve, or disapprove the map within a specified time period. The Planning and Zoning Law contains various provisions requiring a local government that receives an application for certain types of qualified housing developments to review the application under a streamlined, ministerial approval process depending on the type of housing development, as specified. Current law, known as the Starter Home Revitalization Act of 2021, requires a city or county to approve an application for a small home lot housing development project, as defined, on a proposed site to be subdivided unless the city or county makes a finding related to the development’s compliance with certain requirements or the development’s specific, adverse public health or safety impact. This bill would require a local agency to ministerially approve, without discretionary review or a hearing, a parcel map or a tentative and final map for a housing development project that meets specified requirements. In this regard, the bill would require the housing development project to, among other things, consist of 10 or fewer residential units, meet certain minimum parcel size and density requirements, and be located on a lot zoned for multifamily or single-family residential

Page 8 ends

Page 92 of 300 ends

development that is no larger than 5 acres and is substantially surrounded by qualified urban uses. The bill would exempt the housing development project from certain requirements relating to minimum parcel size and dimensions and the formation of a homeowners’ association, except as specified.

SB 803 (Becker D) Personal services contracts.

Current Text: Amended: 6/22/2023 html pdf
Introduced: 2/17/2023
Status: 8/16/2023-August 16 set for first hearing. Placed on suspense file.

Location: Assembly Appropriations Suspense File
Calendar:

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.

Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: The State Civil Service Act regulates employment with the state and vests in the Department of Human Resources all powers, duties, and authority necessary to operate the state civil service system.

Current law permits state agencies to enter into personal services contracts if certain conditions are met.

Existing law requires a state agency that enters into a personal services contract for certain types of workers to include provisions for employee wages and benefits to be valued at least 85% of the state employer cost of wages and benefits provided to state employees performing similar duties. Current law requires the department to annually establish the state employer wage and benefits costs covered by these provisions.

This bill would require, for purposes of determining 85% of wage costs, that the department use the top rate of pay for the corresponding civil service classification for state employees performing similar duties.

SB 834 (Portantino D) Housing: California Family Home Construction and Homeownership Bond Act of 2023.

Current Text: Amended: 5/2/2023 html pdf
Introduced: 2/17/2023
Status: 7/12/2023-July 12 set for first hearing canceled at the request of author.

Location: Assembly Housing and Community Development
Calendar:

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.

Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Would enact the California Family Home Construction and Homeownership Bond Act of 2023 (bond act), which, if adopted, would authorize the issuance of bonds in the amount of $25,000,000,000 pursuant to the State General Obligation Bond Law to finance the California Family Home Construction and Homeownership Program, established as part of the bond act. The bill would authorize the California Housing Finance Agency to award California Socially Responsible Second Mortgage Loans to eligible applicants to use as a down payment or to pay closing costs on the purchase of a new home. The bill would also authorize the agency to award Family Homeownership Opportunity Infrastructure Improvement Loans to developers to be used for predevelopment infrastructure improvements and other upfront costs typically incurred in connection with new home construction, under specified conditions. The bill would require that moneys received from a loan recipient for the repayment of financing provided under the program be used to pay debt service when due on bonds issued pursuant to the bond act. The bill would also authorize the agency to issue revenue bonds for the purposes of financing the program, as specified.

Total Measures: 26
Total Tracking Forms: 26

Page 9 ends

Page 93 of 300 ends

Page 94 of 300 ends

PUBLIC SAFETY
Legislative Summary 2023
AB 33 (Bains D) Fentanyl Addiction and Overdose Prevention Task Force.

Current Text: Amended: 6/14/2023 html pdf
Introduced: 12/5/2022
Status: 8/14/2023-In committee: Referred to APPR suspense file.

Location: Senate Appropriations Suspense File
Calendar:

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.

Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Would, subject to an appropriation, establish the Fentanyl Addiction and Overdose Prevention Task Force to undertake various duties relating to fentanyl abuse, including, among others, collecting and organizing data on the nature and extent of fentanyl abuse in California and evaluating approaches to increase public awareness of fentanyl abuse. The bill would require the task force to be cochaired by the Attorney General and the Surgeon General, or their designees, and would specify the membership of the task force.

AB 40 (Rodriguez D) Emergency medical services.

Current Text: Amended: 7/5/2023 html pdf
Introduced: 12/5/2022
Status: 8/14/2023-In committee: Referred to APPR suspense file.

Location: Senate Appropriations Suspense File
Calendar:

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.

Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: The Emergency Medical Services System and the Prehospital Emergency Medical Care Personnel Act creates the Emergency Medical Services Authority, which is responsible for the coordination of various state activities concerning emergency medical services. Among other duties, current law requires the authority to develop planning and implementation guidelines for EMS systems, provide technical assistance to existing agencies, counties, and cities for the purpose of developing the components of EMS systems, and receive plans for the implementation of EMS and trauma care systems from local EMS agencies. Current law makes a violation of the act or regulations adopted pursuant to the act punishable as a misdemeanor. This bill, on or before June 1, 2024, would require the authority to develop and implement an electronic signature for use between the emergency department medical personnel at a receiving hospital and the transporting emergency medical personnel that captures the points in time when the hospital receives notification of ambulance arrival and when transfer of care is executed for documentation of ambulance patient offload time, as defined. The bill would require every local EMS agency, by March 1, 2024, to develop a standard not to exceed 30 minutes, 90% of the time, for ambulance patient offload time and report the standardized time to the authority. The bill would also require the authority to develop and implement by June 1, 2024, an audit tool to improve data accuracy regarding transfer of care, as specified, and to provide technical assistance and funding as needed, subject to an appropriation, for small rural hospitals and volunteer EMS providers to implement these provisions. The bill would require the authority to adopt emergency regulations to implement these provisions on or before March 1, 2024.

SB 19 (Seyarto R) Anti-Fentanyl Abuse Task Force.

Current Text: Amended: 6/22/2023 html pdf
Introduced: 12/5/2022
Status: 8/16/2023-August 16 set for first hearing. Placed on suspense file.

Location: Assembly Appropriations Suspense File
Calendar:

Page 1 ends

Page 95 of 300 ends

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.

SB 796 (Alvarado-Gil D) Threats: schools and places of worship.

Current Text: Amended: 4/27/2023 html pdf
Introduced: 2/17/2023
Status: 7/14/2023-Failed Deadline pursuant to Rule 61(a)(10). (Last location was PUB. S. on 6/8/2023) (May be acted upon Jan 2024)
Location: Assembly 2 year
Calendar:

Desk Policy Fiscal Floor Desk 2 year Fiscal Floor Conf.

Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Would make a person who willfully threatens to commit a crime which will result in death or great bodily injury to any person who may be on the grounds of a school or place of worship, with specific intent and under certain circumstances, and if the threat causes a person or persons reasonably to be in sustained fear for their own safety or the safety of another person, guilty of a misdemeanor or felony punishable by imprisonment in a county jail for a specified term, except that if the person is under 18 years of age, the bill would make the person guilty of a misdemeanor. By creating a new crime, this bill would impose a state-mandated local program.

Total Measures: 4
Total Tracking Forms: 4

Page 2 ends

Page 96 of 300 ends

Surplus Land Act
Legislative Summary 2023
AB 480 (Ting D) Surplus land.

Current Text: Amended: 7/3/2023 html pdf
Introduced: 2/7/2023
Status: 8/28/2023-In committee: Referred to suspense file.

Location: Senate Appropriations Suspense File
Calendar: 9/1/2023 Upon adjournment of Session - 1021 O Street, Room 2200 SENATE APPROPRIATIONS SUSPENSE, PORTANTINO, ANTHONY, Chair Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.

Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Current law requires a local agency to take formal action in a regular public meeting to declare that land is surplus and is not necessary for the agency’s use and to declare land as either “surplus land” or “exempt surplus land,” as supported by written findings, before a local agency may take any action to dispose of it consistent with an agency’s policies or procedures. This bill would exempt a local agency, in specified instances, from making a declaration at a public meeting for land that is “exempt surplus land” if the local agency identifies the land in a notice that is published and available for public comment at least 30 days before the exemption takes effect.

AB 1469 (Kalra D) Santa Clara Valley Water District.

Current Text: Amended: 7/10/2023 html pdf
Introduced: 2/17/2023
Status: 8/22/2023-Read second time. Ordered to third reading.

Location: Senate Third Reading
Calendar: 9/1/2023 #257 SENATE ASSEMBLY BILLS - THIRD READING FILE Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.

Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: The Santa Clara Valley Water District Act creates the Santa Clara Valley Water District, and authorizes the district to provide for the conservation and management of flood, storm, and recycled waters, and other waters, for beneficial uses and to enhance natural resources in connection with carrying out the purposes of the district.This bill would additionally authorize the district to take certain actions in order to assist unsheltered people living along streams, in riparian corridors, or otherwise within the district’s jurisdiction, in consultation with a city or the County of Santa Clara to provide solutions or improve outcomes for the unsheltered individuals. The bill would require the district to provide a report to the appropriate committees of the Legislature on or before July 1, 2029, and a subsequent report on or before July 1, 2034, containing specified information, including, among other things, the district’s actions taken to assist unsheltered people.

AB 1607 (Carrillo, Wendy D) Los Angeles County Affordable Housing Solutions Agency.

Current Text: Amended: 7/5/2023 html pdf
Introduced: 2/17/2023
Status: 8/14/2023-Read second time. Ordered to third reading.

Location: Senate Third Reading
Calendar: 9/1/2023 #178 SENATE ASSEMBLY BILLS - THIRD READING FILE Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.

Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: The Los Angeles County Regional Housing Finance Act (act) authorizes the agency to place funding measures on the ballot in the County of Los Angeles to raise and allocate funds to the County of Los Angeles, the cities in the county, and other public agencies and affordable housing projects within its jurisdiction for purposes of preserving and enhancing existing housing, funding renter protection programs, and financing new construction of affordable housing developments, as specified. The act limits the agency’s

Page 1 ends

Page 97 of 300 ends

jurisdiction to acting in a supplemental capacity when a municipality has, as of January 1, 2022, an existing program that provides similar supports and services, and prohibits any functions of existing programs from being transferred to or undertaken by the agency. The act also prohibits the agency from performing or undertaking any functions related to supports and services provided to people experiencing homelessness, except as specified. The act requires the governing board of the agency to adopt an annual expenditure plan for the use of housing revenue that sets forth the share of revenue and estimated funding amount to be spent on certain categories within the annual programmatic budget, as specified. This bill would authorize the agency to transfer a portion of the revenue raised by a tax measure adopted pursuant to the act to the County of Los Angeles for programs that provide supports and services to prevent and combat homelessness. The bill would exclude those transferred revenues from the annual expenditure plan and the annual programmatic budget and make other conforming changes.

AB 1734 (Jones-Sawyer D) Local Government: Surplus Land Act: exemptions.

Current Text: Amended: 7/12/2023 html pdf
Introduced: 2/17/2023
Status: 8/21/2023-In committee: Referred to APPR suspense file.

SB 34 (Umberg D) Surplus land disposal: violations: County of Orange.

Current Text: Amended: 8/24/2023 html pdf
Introduced: 12/5/2022
Status: 8/28/2023-Read second time. Ordered to third reading.

Location: Assembly Third Reading
Calendar: 8/31/2023 #83 ASSEMBLY THIRD READING FILE - SENATE BILLS Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.

Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Current law prescribes requirements for the disposal of land determined to be surplus land by a local agency. Those requirements include a requirement that a local agency, prior to disposing of a property or participating in negotiations to dispose of that property with a prospective transferee, send a written notice of availability of the property to specified entities, depending on the property’s intended use, and send specified information in regard to the disposal of the parcel of surplus land to the Department of Housing and Community Development. Current law, among other enforcement provisions, makes a local agency that disposes of land in violation of these disposal provisions, after receiving notification of violation from the department, liable for a penalty of 30% of the final sale price of the land sold in violation for a first violation and 50% for any subsequent violation. Under current law, except as specified, a local agency has 60 days to cure or correct an alleged violation before an enforcement action may be brought. Current law provides for the deposit and use of penalty revenues for housing, as prescribed. This bill, until January 1, 2030, would require the County of Orange, or any city located within the County of Orange, if notified by the department that its planned disposal of surplus land is in violation of existing law, to cure or correct the alleged violation within 60 days, as prescribed. The bill would prohibit a County of Orange jurisdiction that has not cured or corrected any alleged violation from disposing of the parcel until the department determines that it has complied with existing law or deems the alleged violation not to be a violation.

SB 229 (Umberg D) Surplus land: disposal of property: violations: public meeting.

Current Text: Amended: 8/24/2023 html pdf
Introduced: 1/23/2023
Status: 8/28/2023-Read second time. Ordered to third reading.

Location: Assembly Third Reading
Calendar: 8/31/2023 #84 ASSEMBLY THIRD READING FILE - SENATE BILLS Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.

Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Current law prescribes requirements for the disposal of land determined to be surplus land by a

Page 2 ends

Page 98 of 300 ends

local agency. Those requirements include a requirement that a local agency, before disposing of a property or participating in negotiations to dispose of that property with a prospective transferee, send a written notice of availability of the property to specified entities, depending on the property’s intended use, and send specified information in regard to the disposal of the parcel of surplus land to the Department of Housing and Community Development. Current law, among other enforcement provisions, makes a local agency that disposes of land in violation of these disposal provisions, after receiving notification of violation from the department, liable for a penalty of 30% of the final sale price of the land sold in violation for a first violation and 50% for any subsequent violation. Under current law, except as specified, a local agency has 60 days to cure or correct an alleged violation before an enforcement action may be brought. This bill would require a local agency that is disposing of surplus land by sale and has received a notification of violation from the department to hold an open and public meeting to review and consider the substance of the notice of violation. The bill would require the local agency’s governing body to provide prescribed notice no later than 14 days before the public meeting. The bill would prohibit the local agency’s governing body from taking final action to ratify or approve the proposed sale of surplus land until a public meeting is held as required.

SB 747 (Caballero D) Land use: surplus land.

Current Text: Amended: 8/14/2023 html pdf
Introduced: 2/17/2023
Status: 8/23/2023-August 23 set for first hearing. Placed on suspense file.

Location: Assembly Appropriations Suspense File
Calendar: 9/1/2023 Upon adjournment of Session - 1021 O Street, Room 1100 ASSEMBLY APPROPRIATIONS SUSPENSE, HOLDEN, CHRIS, Chair
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.

Total Measures: 7
Total Tracking Forms: 40

Page 3 ends

Page 99 of 300 ends

Page 100 of 300 ends

Weekly Legislative Summary
Thursday, August 31, 2023
AB 7 (Friedman D) Transportation: planning: project selection processes.

Current Text: Amended: 6/28/2023 html pdf
Introduced: 12/5/2022
Status: 8/28/2023-In committee: Referred to suspense file.

Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: The Transportation Agency is under the supervision of the Secretary of Transportation, who has the power of general supervision over the Department of the California Highway Patrol, the California Transportation Commission, the Department of Motor Vehicles, the Department of Transportation, the HighSpeed Rail Authority, and the Board of Pilot Commissioners for the Bays of San Francisco, San Pablo, and Suisun. The secretary, among other duties, is charged with developing and reporting to the Governor on legislative, budgetary, and administrative programs to accomplish coordinated planning and policy formulation in matters of public interest, including transportation projects. On and after January 1, 2025, and to the extent applicable and cost effective, this bill would require the agency, the Department of Transportation, and the California Transportation Commission to incorporate specified principles into their existing program funding guidelines and processes.

AB 42 (Ramos D) Tiny homes: temporary sleeping cabins: fire sprinkler requirements.

Current Text: Amended: 8/21/2023 html pdf
Introduced: 12/5/2022
Status: 8/29/2023-Read second time. Ordered to third reading.

Location: Senate Third Reading
Calendar: 9/1/2023 #285 SENATE ASSEMBLY BILLS - THIRD READING FILE Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.

Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Would, until January 1, 2027, prohibit a local agency from imposing or enforcing any requirement to provide fire sprinklers for a temporary sleeping cabin that is on a site with 50 or fewer temporary sleeping cabins. The bill would define “temporary sleeping cabin” to mean a nonpermanent structure that is intended to provide temporary housing to people experiencing homelessness or at risk of homelessness, has a total floor area of less than 250 feet, and does not include plumbing. The bill would require a temporary sleeping cabin that does not include fire sprinklers to comply with alternative fire life and safety standards that include providing, among other things, a smoke alarm and carbon monoxide alarm in the unit, a fire extinguisher in the unit, and ingress and egress that facilitates rapid exit of the temporary sleeping cabin. By requiring local agencies to impose alternative fire life and safety standards for these units, the bill would impose a state-mandated local program.

AB 67 (Muratsuchi D) Homeless Courts Pilot Program.

Current Text: Amended: 3/13/2023 html pdf
Introduced: 12/7/2022
Status: 8/28/2023-In committee: Referred to suspense file.

Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Would, upon an appropriation by the Legislature, create the Homeless Courts Pilot Program,

Page 1 ends

Page 101 of 300 ends

which would remain in effect until January 1, 2029, to be administered by the Judicial Council for the purpose of providing comprehensive community-based services to achieve stabilization for, and address the specific legal needs of, homeless individuals who are involved with the criminal justice system. The bill would require applicant cities or counties seeking grant funds to provide a number of specified services or program components, including, but not limited to, a diversion program enabling participating defendants to have specified charges dismissed upon completion of a program, provision of temporary, time-limited, or permanent housing during the duration of the program, and a dedicated representative to assist defendants with housing needs. The bill would require an applicant for grant funding under the program to submit a plan for a new homeless court program or expansion of an existing homeless court program, and would require any funding awarded to an applicant to be used in accordance with that plan.

AB 104 (Ting D) Budget Acts of 2022 and 2023.

Current Text: Amended: 8/29/2023 html pdf
Introduced: 1/9/2023
Status: 8/30/2023-From committee: Do pass. (Ayes 13. Noes 5.) (August 30). From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on B. & F.R.

Location: Senate Budget and Fiscal Review
Calendar: 9/1/2023 #1 SENATE ASSEMBLY BILLS - SECOND READING FILE Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.

Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: The Budget Act of 2022 and the Budget Act of 2023 made appropriations for the support of state government for the 2022–23 and 2023–24 fiscal years. This bill would amend the Budget Act of 2022 and the Budget Act of 2023 by amending and adding items of appropriation and making other changes.

AB 334 (Rubio, Blanca D) Public contracts: conflicts of interest.

Current Text: Enrolled: 8/29/2023 html pdf
Introduced: 1/30/2023
Status: 8/28/2023-Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 75. Noes 0.).

Location: Assembly Enrollment
Calendar:

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.

Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Current law prohibits members of the Legislature and state, county, district, judicial district, and city officers or employees from being financially interested in any contract made by them in their official capacity, or by any body or board of which they are members. Current law authorizes the Fair Political Practices Commission to commence an administrative or civil action against persons who violate this prohibition, as prescribed, and includes provisions for the collection of penalties after the time for judicial review of a commission order or decision has lapsed, or if all means of judicial review of the order or decision have been exhausted. Current law identifies certain remote interests in contracts that are not subject to this prohibition and other situations in which an official is not deemed to be financially interested in a contract.

Existing law makes a willful violation of this prohibition a crime. This bill would establish that an independent contractor, who meets specified requirements, is not an officer for purposes of being subject to the prohibition on being financially interested in a contract.

AB 350 (Aguiar-Curry D) Regional transportation plans: Sacramento Area Council of Governments.

Current Text: Amended: 8/22/2023 html pdf
Introduced: 1/31/2023
Status: 8/29/2023-Read second time. Ordered to third reading.

Location: Senate Third Reading
Calendar: 9/1/2023 #286 SENATE ASSEMBLY BILLS - THIRD READING FILE Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.

Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Current law requires certain transportation planning agencies, including the Sacramento Area Council of Governments (SACOG), to prepare and adopt a regional transportation plan directed at achieving a coordinated and balanced regional transportation system. Certain of these agencies are designated under federal law as metropolitan planning organizations. Current law requires each regional transportation plan to include, among other things, a sustainable communities strategy prepared by each metropolitan planning organization, as specified, which is designed to achieve certain targets for 2020 and 2035 established by the State Air Resources Board for the reduction of greenhouse gas emissions from automobiles and light trucks in the region. This bill would require the updated regional transportation plan, sustainable communities strategy, and environmental impact report adopted by the SACOG on November 18, 2019, to remain in effect for all purposes until the SACOG adopts its next update to its regional transportation plan, which the bill would require it to adopt and submit on or before December 31, 2025. The bill would require the SACOG, on or before July 1, 2026, and biennially thereafter, to report on the regional implementation of its most recently adopted sustainable communities strategy in a publicly available format on its internet website, as

Page 2 ends

Page 102 of 300 ends

provided, thereby imposing a state-mandated local program.

AB 400 (Rubio, Blanca D) Local agency design-build projects: authorization.

Current Text: Enrolled: 8/29/2023 html pdf
Introduced: 2/2/2023
Status: 8/28/2023-Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 76. Noes 0.).

Location: Assembly Enrollment
Calendar:

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.

Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Current law authorizes a local agency, as defined, with approval of its governing body, to procure design-build contracts for public works projects in excess of $1,000,000, awarding the contract either to the lowest bid or the best value. “Local agency” is defined, in part, for this purpose to include specified local and regional agencies responsible for the construction of transit projects, including any joint powers authority formed to provide transit service. Current law, among other requirements for the design-build procurement process, requires specified information submitted by a design-build entity to be certified under penalty of perjury. These provisions authorizing the use of the design-build procurement process are repealed on January 1, 2025 .This bill would delete from the definition of “local agency” any joint powers authority formed to provide transit services, and would instead expand that definition to include any joint powers authority responsible for the construction of transit projects, thereby authorizing additional joint powers authorities to use the above-described design-build procurement process. The bill would extend the repeal date to January 1, 2031.

AB 436 (Alvarez D) Vehicles.

Current Text: Amended: 8/28/2023 html pdf
Introduced: 2/6/2023
Status: 8/29/2023-Read second time. Ordered to third reading.

Location: Senate Third Reading
Calendar: 9/1/2023 #301 SENATE ASSEMBLY BILLS - THIRD READING FILE Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.

Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Current law authorizes local authorities to adopt rules and regulations by ordinance or resolution regarding specified matters, including, among others, crossing guards, the operation of bicycles, the removal of illegally parked vehicles, and cruising, as defined. This bill would remove the authorization for a local authority to adopt rules and regulations by ordinance or regulation regarding cruising.

AB 480 (Ting D) Surplus land.

Current Text: Amended: 7/3/2023 html pdf
Introduced: 2/7/2023
Status: 8/28/2023-In committee: Referred to suspense file.

AB 531 (Irwin D) The Behavioral Health Infrastructure Bond Act of 2023.

Current Text: Amended: 6/19/2023 html pdf
Introduced: 2/8/2023
Status: 8/28/2023-In committee: Referred to suspense file.

Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Would enact the Behavioral Health Infrastructure Bond Act of 2023 which, if approved by the voters, would authorize the issuance of bonds in the amount of $4,680,000,000 to finance grants for the acquisition of capital assets for, and the construction and rehabilitation of, unlocked, voluntary, and

Page 3 ends

Page 103 of 300 ends

community-based treatment settings and residential care settings and also for housing for veterans and others who are experiencing homelessness or are at risk of homelessness and are living with a behavioral health challenge. The bill would provide for the submission of the bond act to the voters at the March 5, 2024, statewide primary election.

AB 777 (Cervantes D) Hazardous waste: Stringfellow Quarry Class I Hazardous Waste Disposal Site.

Current Text: Enrollment: 8/30/2023 html pdf
Introduced: 2/13/2023
Status: 8/30/2023-Enrolled and presented to the Governor at 2:15 p.m.

Location: Assembly Enrolled
Calendar:

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.

Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: The Carpenter-Presley-Tanner Hazardous Substance Account Act establishes a program authorizing certain responses to releases of hazardous substances, including spills and hazardous waste disposal sites that pose a threat to the public health or the environment, and imposes liability for hazardous substance removal or remedial actions. The act requires any treatment, storage, transfer, or disposal facility built on the Stringfellow Quarry Class I Hazardous Waste Disposal Site to only be used to treat, store, transfer, or dispose of hazardous substances removed from that site. This bill would prohibit any sample or waste generated from a site other than the Stringfellow Quarry from being treated, stored, transferred to, or disposed of at the Stringfellow Quarry Class I Hazardous Waste Disposal Site. The bill would require the Department of Toxic Substances Control to provide notice, as specified, if any material or substance generated from a site other than the Stringfellow Quarry is treated, stored, transferred to, or disposed of at the Stringfellow Class I Hazardous Waste Site. The bill would exempt any material or substance necessary to implement the ongoing cleanup of the site from the notice provision.

AB 863 (Aguiar-Curry D) Carpet recycling: carpet stewardship organizations: fines: succession:
training.

Current Text: Amended: 7/6/2023 html pdf
Introduced: 2/14/2023
Status: 8/29/2023-Read second time. Ordered to third reading.

Location: Senate Third Reading
Calendar: 9/1/2023 #289 SENATE ASSEMBLY BILLS - THIRD READING FILE Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.

Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Current law requires a manufacturer of carpets sold in this state to submit, either individually or through a carpet stewardship organization, a carpet stewardship plan that meets specified requirements to the Department of Resources Recycling and Recovery. Current law imposes a carpet stewardship assessment per unit of carpet sold in the state that is remitted to the carpet stewardship organization and may be expended to carry out the organization’s carpet stewardship plan. Current law requires the carpet stewardship plan to provide sufficient funding to carry out the plan, including for grants to state-approved apprenticeship programs for training apprentice and journey-level carpet installers in proper carpet recycling practices. Current law requires a carpet stewardship organization to include in the plan a description of the process by which the carpet stewardship organization will transfer assessment funds to a successor carpet stewardship organization in the event that should become necessary. Current law requires a carpet stewardship organization in possession of assessment funds to, as directed by the department, transfer those funds to a successor carpet stewardship organization with an approved plan. Existing law authorizes the department to administratively impose civil penalties on any person who is in violation of any provision of the carpet stewardship laws, of up to $5,000 per day or $10,000 per day if the violation is intentional, knowing, or negligent. This bill would amend those penalties to $10,000 per day or $50,000 per day if the violation is intentional, knowing, or reckless.

AB 965 (Carrillo, Juan D) Local government: broadband permit applications.

Current Text: Amended: 8/30/2023 html pdf
Introduced: 2/14/2023
Status: 8/30/2023-Read third time and amended. Ordered to second reading.

Location: Senate Second Reading
Calendar: 9/1/2023 #16 SENATE ASSEMBLY BILLS - SECOND READING FILE Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.

Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: The Permit Streamlining Act governs the approval process that a city or county is required to follow when approving, among other things, a permit for construction or reconstruction for a development project for a wireless telecommunications facility and a collocation or siting application for a wireless telecommunications facility. This bill, except as specified, would require a local agency to undertake batch broadband permit processing, as defined, upon receiving 2 or more broadband permit applications for substantially similar broadband project sites submitted at the same time by the same applicant, within a

Page 4 ends

Page 104 of 300 ends

presumptively reasonable time, as defined. The bill would define “local agency” for these purposes to mean a city, county, city and county, charter city, special district, or publicly owned utility, other than certain publicly owned electric utilities. If a local agency does not approve those broadband permit applications for substantially similar broadband project sites and issue permits, or reject the applications and notify the applicants, within the presumptively reasonable time or longer period permitted under applicable law, the bill would require that all of those permits be deemed approved.

AB 1082 (Kalra D) Authority to remove vehicles.

Current Text: Amended: 8/14/2023 html pdf
Introduced: 2/15/2023
Status: 8/28/2023-In committee: Referred to suspense file.

Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Current law authorizes a peace officer and specified public employees, as an alternative to removal of a vehicle, to immobilize the vehicle with a device designed and manufactured for that purpose, if, among other circumstances, the vehicle is found upon a highway or public lands by the peace officer or employee and it is known to have been issued 5 or more notices of parking violations that are delinquent because the owner or person in control of the vehicle has not responded to the appropriate agency within a designated time period. This bill would instead allow only an agent of public higher educational institutions, including the University of California, California State University, and California Community Colleges, to remove or immobilize a vehicle under those circumstances. The bill would limit the related authority to conduct a lien sale to cover towing and storage expenses to agents of public higher educational institutions, as specified. The bill would make various conforming and technical changes.

AB 1307 (Wicks D) California Environmental Quality Act: noise impact: residential projects.

Current Text: Enrolled: 8/29/2023 html pdf
Introduced: 2/16/2023
Status: 8/28/2023-Urgency clause adopted. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 76. Noes 0.).

Location: Assembly Enrollment
Calendar:

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.

Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: The California Environmental Quality Act (CEQA) requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. This bill would specify that the effects of noise generated by project occupants and their guests on human beings is not a significant effect on the environment for residential projects for purposes of CEQA. This bill would specify that institutions of public higher education, in an EIR for a residential or mixed-use housing project, are not required to consider alternatives to the location of the proposed project if certain requirements are met. This bill would declare that it is to take effect immediately as an urgency statute.

AB 1332 (Carrillo, Juan D) Accessory dwelling units: preapproved plans.

Current Text: Amended: 8/29/2023 html pdf
Introduced: 2/16/2023
Status: 8/30/2023-Read second time. Ordered to third reading.

Location: Senate Third Reading
Calendar: 9/1/2023 #308 SENATE ASSEMBLY BILLS - THIRD READING FILE Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.

Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: The Planning and Zoning Law authorizes a local agency, by ordinance or ministerial approval, to provide for the creation of accessory dwelling units in areas zoned for residential use, as specified. Current law authorizes a local agency to impose standards on accessory dwelling units that include, but are not limited to, parking, height, setback, landscape, architectural review, and maximum size of a unit. This bill would require each local agency, by January 1, 2025, to develop a program for the preapproval of accessory dwelling unit plans, whereby the local agency accepts accessory dwelling unit plan submissions for preapproval and approves or denies the preapproval applications, as specified. The bill would authorize a local agency to charge a fee to an applicant for the preapproval of an accessory dwelling unit plan, as specified. The bill would require the local agency to post preapproved accessory dwelling unit plans and the contact information of the applicant on the local agency’s internet website. The bill would require a local agency to either approve or deny an application for a permit for a proposed accessory dwelling unit within 30 days that utilizes either an accessory dwelling unit plan preapproved within the current triennial California Building

Page 5 ends

Page 105 of 300 ends

Standards Code rulemaking cycle or a plan that is identical to a plan used in an application for a detached accessory dwelling unit approved by the local agency within the current triennial California Building Standards Code rulemaking cycle.

AB 1418 (McKinnor D) Tenancy: local regulations: contact with law enforcement or criminal convictions.

Current Text: Amended: 4/12/2023 html pdf
Introduced: 2/17/2023
Status: 8/28/2023-In committee: Referred to suspense file.

Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Would prohibit a local government from, among other things, imposing a penalty against a resident, owner, tenant, landlord, or other person as a consequence of contact with a law enforcement agency on or near the property, as specified. The bill similarly would prohibit a local government from requiring or encouraging a landlord to evict or penalize a tenant because of the tenant’s association with another tenant or household member who has had contact with a law enforcement agency or has a criminal conviction or to perform a criminal background check of a tenant or a prospective tenant. The bill would preempt inconsistent local ordinances, rules, policies, programs, or regulations and prescribe remedies for violations. The bill would require a local government to repeal, or bring into compliance, an inconsistent local ordinance, rule, policy, program, or regulation within one year of the effective date of the provisions. By imposing new duties on local governments, this bill would impose a state-mandated local program.

AB 1505 (Rodriguez D) Seismic retrofitting: soft story multifamily housing.

Current Text: Amended: 7/3/2023 html pdf
Introduced: 2/17/2023
Status: 8/24/2023-From Consent Calendar. Ordered to third reading.

Location: Senate Third Reading
Calendar: 9/1/2023 #275 SENATE ASSEMBLY BILLS - THIRD READING FILE Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.

AB 1572 (Friedman D) Potable water: nonfunctional turf.

Current Text: Amended: 8/16/2023 html pdf
Introduced: 2/17/2023
Status: 8/28/2023-In committee: Referred to suspense file.

Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Would make legislative findings and declarations concerning water use, including that the use of potable water to irrigate nonfunctional turf is wasteful and incompatible with state policy relating to climate change, water conservation, and reduced reliance on the Sacramento-San Joaquin Delta ecosystem. The bill would direct all appropriate state agencies to encourage and support the elimination of irrigation of nonfunctional turf with potable water.

Page 6 ends

Page 106 of 300 ends

AB 1713 (Gipson D) Local agencies: federal funds: reports.

Current Text: Amended: 7/11/2023 html pdf
Introduced: 2/17/2023
Status: 8/28/2023-In committee: Referred to suspense file.

Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Would require a local agency that receives federal funds that are subject to an expiration date, and recurrently and persistently fails to spend a substantial amount of those funds by the expiration date, as provided, to submit a written report to the local agency’s legislative body no later than one year after the funding expiration date with an enumeration of the amount of funds returned, a summary of the reasons the funds were returned, and an analysis of policy or operational changes required to ensure that relevant federal funds are spent timely in the future. The bill would require the local agency’s legislative body to include the report on the agenda of a public meeting. The bill would apply these provisions to specified types of grants, and only where the local agency returns at least $10,000,000 from a single federal allocation.

ACA 13 (Ward D) Voting thresholds.

Current Text: Amended: 8/17/2023 html pdf
Introduced: 7/13/2023
Status: 8/24/2023-Coauthors revised. From committee: Be adopted, and re-refer to Com. on APPR. Rereferred. (Ayes 5. Noes 2.) (August 23). Re-referred to Com. on APPR.

Location: Assembly Appropriations
Calendar: 9/1/2023 Upon adjournment of Session - 1021 O Street, Room 1100 ASSEMBLY APPROPRIATIONS, HOLDEN, CHRIS, Chair
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.

Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: The California Constitution provides that a proposed constitutional amendment and a statewide initiative measure each take effect only if approved by a majority of the votes cast on the amendment or measure. This measure would further provide that an initiative measure that includes one or more provisions that would amend the Constitution to increase the voter approval requirement to adopt any state or local measure would be approved by the voters only if the proportion of votes cast in favor of the initiative measure is equal to or greater than the highest voter approval requirement that the initiative measure would impose.

SB 55 (Umberg D) Vehicles: catalytic converters.

Current Text: Amended: 7/5/2023 html pdf
Introduced: 12/6/2022
Status: 8/24/2023-Read third time. Passed. Ordered to the Senate. In Senate. Concurrence in Assembly amendments pending.

Location: Senate Concurrence
Calendar: 9/1/2023 #39 SENATE UNFINISHED BUSINESS
Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.

Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Current law requires a core recycler that accepts, ships, or sells used catalytic converters to maintain specified information regarding the purchase and sale of the catalytic converters. Current law prohibits a core recycler from providing payment for a catalytic converter unless, among other requirements, the payment is made by check, as specified. This bill, in addition to payment by check, would allow for payment by credit card or any other form of traceable payment other than cash.

SB 104 (Skinner D) Budget Acts of 2022 and 2023.

Current Text: Amended: 8/28/2023 html pdf
Introduced: 1/18/2023
Status: 8/28/2023-From committee with author's amendments. Read second time and amended. Rereferred to Com. on BUDGET.

Location: Assembly Budget
Calendar:

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.

Page 7 ends

Page 107 of 300 ends

SB 229 (Umberg D) Surplus land: disposal of property: violations: public meeting.

Current Text: Amended: 8/24/2023 html pdf
Introduced: 1/23/2023
Status: 8/28/2023-Read second time. Ordered to third reading.

Location: Assembly Third Reading
Calendar: 8/31/2023 #84 ASSEMBLY THIRD READING FILE - SENATE BILLS Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.

Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Current law prescribes requirements for the disposal of land determined to be surplus land by a local agency. Those requirements include a requirement that a local agency, before disposing of a property or participating in negotiations to dispose of that property with a prospective transferee, send a written notice of availability of the property to specified entities, depending on the property’s intended use, and send specified information in regard to the disposal of the parcel of surplus land to the Department of Housing and Community Development. Current law, among other enforcement provisions, makes a local agency that disposes of land in violation of these disposal provisions, after receiving notification of violation from the department, liable for a penalty of 30% of the final sale price of the land sold in violation for a first violation and 50% for any subsequent violation. Under current law, except as specified, a local agency has 60 days to cure or correct an alleged violation before an enforcement action may be brought. This bill would require a local agency that is disposing of surplus land by sale and has received a notification of violation from the department to hold an open and public meeting to review and consider the substance of the notice of violation. The bill would require the local agency’s governing body to provide prescribed notice no later than 14 days before the public meeting. The bill would prohibit the local agency’s governing body from taking final action to ratify or approve the proposed sale of surplus land until a public meeting is held as required.

SB 469 (Allen D) Housing: publicly funded low-rent housing projects.

Current Text: Enrollment: 8/30/2023 html pdf
Introduced: 2/13/2023
Status: 8/30/2023-Enrolled and presented to the Governor at 2 p.m.

Location: Senate Enrolled
Calendar:

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.

Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: The California Constitution prohibits the development, construction, or acquisition in any manner of a low-rent housing project by any state public body, as defined, until a majority of the qualified electors of the city, town, or county in which it is proposed to develop, construct, or acquire the same, voting upon that issue, approve the project by voting in favor at an election. The California Constitution, for purposes of this prohibition, defines “low-rent housing project” to mean any development composed of urban or rural dwellings, apartments, or other living accommodations for persons of low income, financed in whole or in part by the federal government or a state public body, or to which the federal government or a state public body extends assistance by supplying all or part of the labor, by guaranteeing the payment of liens, or otherwise. Current law establishes exclusions from this definition of “low-rent housing project,” including a development that consists of the acquisition, rehabilitation, reconstruction, alterations work, or any combination thereof, of lodging facilities or dwelling units using moneys appropriated and disbursed pursuant to specified provisions of the Zenovich-Moscone-Chacon Housing and Home Finance Act relating to affordable housing preservation, rental housing development awarded funds from certain multifamily housing direct loan programs, and housing for individuals and families who are experiencing homelessness or who are at risk of homelessness and who are impacted by the COVID-19 pandemic or other communicable diseases.

This bill would expand that exclusion to include a development that consists of the acquisition, rehabilitation, reconstruction, alterations work, or any combination thereof, of lodging facilities or dwelling units using an allocation of federal or state low-income housing tax credits from the California Tax Credit Allocation Committee or moneys appropriated and disbursed pursuant to the Zenovich-Moscone-Chacon Housing and Home Finance Act, and the Affordable Housing and Sustainable Communities Program, thereby excluding the developments that receive money from the specified funds and programs from the scope of the abovedescribed constitutional provision.

SB 602 (Archuleta D) Trespass.

Current Text: Amended: 8/24/2023 html pdf
Introduced: 2/15/2023
Status: 8/24/2023-Read third time and amended. Ordered to third reading.

Location: Assembly Third Reading
Calendar: 8/31/2023 #30 ASSEMBLY THIRD READING FILE - SENATE BILLS Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.

Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Current law makes it a misdemeanor to commit the crime of trespass, which includes refusing or failing to leave land, real property, or structures belonging to, or lawfully occupied by, another and not open to the general public upon being requested to leave by a peace officer at the request of the owner, the owner’s agent, or the person in lawful possession and upon being informed by the peace officer that they are

Page 8 ends

Page 108 of 300 ends

acting at the request of the owner, the owner’s agent, or the person in lawful possession. Current law requires the owner, the owner’s agent, or the person in lawful possession to make a separate request to the peace officer on each occasion when the peace officer’s assistance in dealing with a trespass is requested, except that a single request for peace officer assistance may be made for a period not to exceed 12 months when the premises or property is closed to the public and posted as being closed. Current law requires the requester to inform the law enforcement agency to which the request was made when the assistance is no longer desired before the 12-month period expires. Current law also authorizes a single request for a peace officer’s assistance to be made for a period of time not to exceed 30 days and identified by specific dates when there is a fire hazard or the owner, the owner’s agent, or the person in lawful possession is absent from the property. Under current law, a request for assistance expires when ownership of the property changes or upon a change in the person in lawful possession. This bill would authorize a single request for assistance to be made and submitted electronically, in a notarized form provided by the law enforcement agency, to a peace officer.

SB 617 (Newman D) Public contracts: progressive design-build: local and regional agencies: transit.

Current Text: Amended: 6/28/2023 html pdf
Introduced: 2/15/2023
Status: 8/29/2023-Ordered to special consent calendar.

Location: Senate Consent Calendar
Calendar: 9/1/2023 #322 SENATE SPECIAL CONSENT CALENDAR NO. 23 Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.

Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Current law, until January 1, 2029, authorizes local agencies, defined as any city, county, city and county, or special district authorized by law to provide for the production, storage, supply, treatment, or distribution of any water from any source, to use the progressive design-build process for up to 15 public works projects in excess of $5,000,000 for each project that treats, pumps, stores, or conveys water, wastewater, recycled water, advanced treated water, or supporting facilities. Current law defines “progressive design-build” as a project delivery process in which both the design and construction of a project are procured from a single entity that is selected through a qualifications-based selection at the earliest feasible stage of the project. Current law requires the selected entity and its general partners or joint venture members to verify specified information under penalty of perjury. Current law requires local agencies to report to the Legislature by January 1, 2028, regarding the use of the progressive design-build process, as specified. This bill, until January 1, 2029, would similarly authorize a transit district, municipal operator, consolidated agency, joint powers authority, regional transportation agency, or local or regional agency, as described, to use the progressive design-build process for up to 10 public works projects in excess of $5,000,000 for each project.

SB 706 (Caballero D) Public contracts: progressive design-build: local agencies.

Current Text: Amended: 6/28/2023 html pdf
Introduced: 2/16/2023
Status: 8/29/2023-Ordered to special consent calendar.

Location: Senate Consent Calendar
Calendar: 9/1/2023 #324 SENATE SPECIAL CONSENT CALENDAR NO. 23 Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.

SB 837 (Archuleta D) Energy: building energy standards: sealed and unvented attics.

Current Text: Amended: 4/26/2023 html pdf
Introduced: 2/17/2023
Status: 8/24/2023-Read second time. Ordered to consent calendar.

Location: Assembly Consent Calendar
Calendar: 8/31/2023 #98 ASSEMBLY CONSENT CALENDAR 2ND DAY-SENATE BILLS Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.

Conc. Enrolled Vetoed Chaptered 1st House 2nd House
Summary: Current law requires the State Energy Resources Conservation and Development Commission to prescribe, by regulation, building design and construction standards and energy and water conservation design standards for new residential and nonresidential buildings to reduce wasteful, uneconomic, inefficient,

Page 9 ends

Page 109 of 300 ends

and unnecessary consumption of energy and to manage energy loads to help maintain electrical grid reliability. Current law requires the commission to periodically review the standards and adopt revisions that it deems necessary. This bill would require the commission, in the review of those regulations that is pending as of January 1, 2024, to consider revising the definition of “conditioned space, indirectly” to include sealed and unvented attics, as provided.

SCR 25 (Seyarto R) Deputy Darnell Andrew Calhoun Memorial Highway.

Current Text: Enrolled: 8/25/2023 html pdf
Introduced: 2/13/2023
Status: 8/24/2023-Assembly amendments concurred in. (Ayes 40. Noes 0.) Ordered to engrossing and enrolling.

Location: Senate Enrollment
Calendar:

Desk Policy Fiscal Floor Desk Policy Fiscal Floor Conf.

Total Measures: 30
Total Tracking Forms: 58

Page 10 ends

Page 110 of 300 ends

Bill Number Sponsors Title and/or Summary Summary/Status Latest Action H.R.652 Rep. Julia Brownley (D-CA) Zero Food Waste Act
This bill directs the Environmental
Protection Agency to establish a grant
program to study and reduce food waste.

Introduced on January 31st, and Referred to
the Subcommittee on Health on February
10th, 2023.

H.R.610 Rep. Greg Steube (R-FL) Marijuana 1-to-3 Act of 2023 This legislation would reschedule
marijuana into schedule III of the
Controlled Substances Act.

Introduced on January 27, 2023 and
referred to the House Energy and
Commerce Committee.

H.R.550 Rep. Mike Garcia (R-FL) FIRE Act of 2023
This legislation would direct the NOAA
Administrator to maintain a program that
improves wildfire forecasting and
detection.

Introduced on January 26, 2023 and
referred to the House Science, Space, and
Technology Committee.

H.R.505 Rep. Steve Cohen Living Wage Now Act This legislation would increase the Federal minimum wage to $15 per hour.

Introduced on January 25, 2023 and
referred to the House Committee on
Education and Workforce.

H.R.255 Rep. Jenniffer GonzalezColon (R-PR)
Federal Disaster Assistance Coordination
Act
This legislation would require a study to
streamline and consolidate information
collection and preliminary damage
assessments for certain disasters.

The House passed this bill on motion to
suspend the rules on January 25, 2023. It
was agreed to by a voice vote. The Senate
received it and referred it to the
Committee on Homeland Security and
Governmental Affairs
H.R.250 Rep. John Garamendi (D-CA) Clean Water SRF Parity Act This bill expands the state revolving fund
established under the Clean Water Act,
including by allowing low-interest loans
to be given to privately owned treatment
works to address wastewater. Currently,
loans are given to wastewater systems
that are publicly owned.

Introduced on January 10, 2023. Referred
to the House T&I Water Resources and
Environment Subcommittee.

H.R.215 Rep. David Valadao (R-CA) WATER for California Act This legislation was originally introduced
in the 117th Congress. It would require
the CVP and SWP to be operated
consistent with the 2019 biological
opinions, aims to hep ensure CVP and the
SWP stakeholders receive the water they
contract for, provides funding for the
Shasta enlargement project, and
reauthorizes the water storage program
originally created in the WIIN Act.

Introduced on January 9, 2023 and referred
to the House Natural Resources
Committee. The Committee held a mark-up
session and ultimately the bill was ordered
to be reported on April 28th.

Page 111 of 300 ends

H.R.186 Rep. Tom McClintock (R-CA) Water Supply Permitting Coordination Act
This legislation would authorize the
Secretary of the Interior to coordinate
Federal and State permitting processes
related to the construction of new
surface water storage projects on lands
under the jurisdiction of the Secretary of
the Interior and the Secretary of
Agriculture and to designate the Bureau
of Reclamation as the lead agency for
permit processing.

Introduced on January 9, 2023 and referred
to the House Natural Resources
Committee. Referred to the subcommittee
on Water, Wildlife, and Fisheries on
February 21st.

H.R.178 Rep. Mike Levin (D-CA) Public Land Renewable Energy Development Act of 2023
This legislation aims to promote the
development of renewable energy on
public lands.

Introduced on January 9, 2023 and referred
to the House Natural Resources
Committee. Referred to the subcommittee
on Energy and Mineral Resources on
February 21st.

H.R.160 Rep. Mike Garcia (R-CA) SALT Fairness Act of 2023 This bill repeals the temporary
restrictions in taxable years 2018 through
2025 on the deductibility of state and
local taxes.

Introduced on January 9, 2023 and referred
to the House Ways and Means Committee.

H.R.139 Rep. James Comer (R-KY) SHOW UP Act of 2023
This bill requires each executive agency
to reinstate the telework policies that
were in place on December 31, 2019.

Agencies may not implement expanded
telework policies unless the Office of
Personnel Management certifies that
such policies will have a positive effect on
the agency's mission and operational
costs.

Introduced on January 9, 2023 and passed
the House by a vote of 221 to 206 on
February 1, 2023. Received in the Senate
and referred to the Committee on
Homeland Security and Governmental
Affairs on February 2nd.

H.R.289 Rep. Doug LaMalfa (R-CA) Protect Our Water Rights Act This legislation would update
requirements for the operation of the
Central Valley Project and Klamath River
Basin Reclamation Project by the Bureau
of Reclamation.

Introduced in the House on January 11,
2023 and referred to the House Natural
Resources Committee. Referred to the
Subcommittee on Water, Wildlife, and
Fisheries.

H.R.1361 Rep. Donald Payne (D-NJ) Safer Neighborhoods Gun Buyback Act of 2023
This legislation would authorize the
Director of the Bureau of Justice
Assistance to make grants to States, units
of local government, and gun dealers to
conduct gun buyback programs.

Introduced on March 3, 2023 and referred
to the House Judiciary Committee.

Page 112 of 300 ends

H.R.1335 Rep. Bruce Westerman (RAR) TAPP American Resources Act This legislation aims to restart onshore
and offshore oil, gas, and coal leasing,
streamline permitting for energy
infrastructure, ensure transparency in
energy development on Federal lands.

Introduced on March 3, 2023 and referred
to the Natural Resources, Agriculture, and
Budget Committees. Placed on the Union
Calendar on March 23rd.

H.R.1347 Rep. Sylvia Garcia (D-TX) D-BLOC Act
This legislation would amend title 49, USC
to limit railroad carriers from blocking
railway-highway crossings.

Introduced on March 3, 2023 and referred
to the House Committee on Transportation
and Infrastructure. Referred to the
Subcommittee on Railroads, Pipelines, and
Hazardous Materials on March 6th.

H.R.1367 Rep. Janice Schakowsky (DIL)
Water System Threat Preparedness and
Resilience Act of 2023
This legislation establishes a program to
increase drinking water and wastewater
system threat preparedness and
resilience.

Introduced on March 3, 2023 and referred
to the Transportation and Infrastructure
Committee. Referred to the Subcommittee
on Water Resources and Environment on
March 6th. Referred to the Subcommittee
on Environment, Manufacturing, and
Critical Materials.

S.115 Sen. Marco Rubio (R-FL) Clean Water Allotment Modernization Act of 2023
This legislation would amend the Federal
Water Pollution Control Act to modify
certain allotments under that Act.

Introduced on January 26, 2023 and
referred to the Committee on
Environmental and Public Works.

S.64 Sen. John Barrasso (R-WY) Water Rights Protection Act of 2023 This legislation would prohibit the
conditioning of any permit, lease, or
other use agreement on the transfer of
any water right to the United States by
the Secretary of the Interior and the
Secretary of Agriculture.

Introduced on January 25, 2023, read
twice, and referred to the Committee on

Page 113 of 300 ends

Energy and Natural Resources.

S.21 Sen. Dianne Feinstein (D-CA) Community Wildlife Protection Act of 2023
This legislation would amend the Healthy
Forests Restoration Act of 2003 to modify
the definition of the term “at-risk
community”.

Introduced on January 23, 2023, read
twice, and referred to the Committee on
Agriculture, Nutrition, and Forestry.

H.R.2419 Rep. Jim Costa (D-CA) Canal Conveyance Capacity Restoration Act
The legislation would authorize a onethird federal cost share for restoring canal capacity. Specifically, it would
authorize $833.4 million for four major
projects, including: $180 million to
restore the Friant-Kern Canal, $183.9
million to restore the Delta Mendota
Canal, $289.5 million to restore the
California Aqueduct, and $180 million to
restore salmon runs on the San Joaquin
River.

Introduced on March 30, 2023 and
Referred to the House Committee on
Natural Resources. Referred to the
Subcommittee on Water, Wildlife, and
Fisheries on May 8.

H.J.Res.27 Rep. Sam Graves (R-MO)
Congressional Resolution of Disapproval
for the Waters of the US Rule issues by
the Army Corps and EPA
This Congressional Resolution of
Disapproval seeks to overturn the ule
submitted by the Department of the
Army, Corps of Engineers, Department of
Defense and the Environmental
Protection Agency relating to the Revised
Definition of “Waters of the United
States”
The House passed the resolution on March
9 by a vote of 227-198. The Senate passed
the resolution on March 29 by a vote of 53-

43. The President vetoed the measure, and
the House failed to override the veto.

H.R. 2811 Rep. Jodey Arrington (R-TX) Limit, Save, Grow Act of 2023 This bill increases the federal debt limit
and decreases spending. It also repeals
several energy tax credits, modifies the
permitting process and other
requirements for energy projects,
expands work requirements for the
Supplemental Nutrition Assistance
Program (SNAP) and other programs, and
nullifies regulations for the cancellation
of federal student loan debt.

Introduced on April 25, 2023, and passed
on April 26 by a vote of 217-215. Referred
to the Senate Committee on the Budget on
May 4.

Page 114 of 300 ends

S. 1521 Sen. Steve Daines The Community & Hydropower
Improvement Act
The Community and Hydropower
Improvement Act bolsters hydropower
production throughout the United
States by streamlining the permitting and
licensing process, increasing tribal
engagement and oversight,
expediting low impact projects,
promoting healthy habitat, and
coordinating federal decision making.

Introduced on May 10, 2023. Read twice
and referred to the Committee on Energy
and Natural Resources. Hearings held on
July 19, 2023.

H.R. 3746 Rep. Patrick McHenry Fiscal Responsibility Act This bill increases the federal debt limit,
establishes new discretionary spending
limits, rescinds unobligated funds, and
expands work requirements for federal
programs.

Introduced on May 29, 2023. Passed house
on May 31. Passed the Senate on June 1,
2023. The President signed into law on
June 3, 2023
S.J. Res. 23 Sen. Cynthia Lummis
A joint resolution providing for
congressional disapproval under chapter
8 of title 5, United States Code, of the
rule submitted by the National Marine
Fisheries Service relating to
"Endangered and Threatened Wildlife
and Plants; Regulations for Listing
Endangered and Threatened Species and
Designating Critical Habitat".

This joint resolution nullifies the final rule
issued by the National Marine Fisheries
Service titled Endangered and
Threatened Wildlife and Plants;
Regulations for Listing Endangered and
Threatened Species and Designating
Critical Habitat and published on June 24,
2022.

Introduced on March 30, and referred to
the Senate Committee on Environment and
Public Works. Passed Senate 51-49 on May

11. Received in the House on May 15.

S.2162 Sen. Dianne Feinstein STREAM Act
The Support to Rehydrate the
Environment, Agriculture and
Municipalities Act or STREAM Act aims to
increase water supply and modernize
water infrastructure throughout the
West.

Introduced on June 22nd and referred to the
Committee on Energy and Natural
Resources. Hearings held on July 19

Page 115 of 300 ends

Page 116 of 300 ends

INNOVATIVE FEDERAL STRATEGIES, LLC
Comprehensive Government Relations
511 C Street, NE • Washington, DC 20002 • 202-347-5990 • Fax 202-347-5941

MEMORANDUM
To: Frank Luckino, City Manager, City of Twentynine Palms From: Letitia White and Jean Denton
Date: September 4, 2023
Re: August Monthly Legislative Update
Biden Seeks $44 Billion in New Funding, Including for Ukraine The Biden Administration submitted a supplemental appropriations request to Congress on August 10 to support Ukraine, disaster recovery, and other purposes. The request includes over $24 billion in aid to Ukraine ($13.1 billion in military aid, and $11 billion in humanitarian relief), $4 billion for border and migration activities, and $12 billion for domestic disaster relief.

The White House sees the $24 billion in aid to Ukraine and related needs, as critical to sustaining the war effort against Russia as the conflict enters a more intense phase. But Republican opposition to the aid has grown as conservatives have railed against US involvement in the war.

Of the $24 billion, $9.5 billion is designated for military equipment for Ukraine and to replenish Defense Department stocks. Continued military, intelligence and other support would cost another $3.6 billion. The defense assistance is designed to last through the end of the first quarter of next year, according to a senior US official.

Failure to approve Ukraine funding would mark a watershed moment for the US almost 18 months after Russia’s war started. Congress has passed Ukraine assistance packages on three separate occasions, most recently last December, without much controversy. It would also shake the transatlantic coalition Biden helped assemble to provide arms and training for Ukraine’s military that have proved crucial to Kyiv’s efforts to repel Russian forces.

Bipartisan support for Ukraine relief has held steady in the Senate, but the funding has become controversial in the House, where Speaker Kevin McCarthy (R-CA) has vowed not to bring an assistance package to the floor if it skirts defense-spending caps set in the May debt-ceiling agreement.

Funds for Disaster Aid
President Joe Biden is also requesting an additional $4 billion in disaster relief from Congress in the aftermath of Hurricane Idalia and the recent fires in Maui, substantially

Page 117 of 300 ends

Innovative Federal Strategies LLC
increasing the cost of a sweeping emergency package requested by the White House just weeks ago.

The administration is now asking for a total of $16 billion “given the intensity of disaster activity around the nation – including fires on Maui, in Louisiana, and across the country, massive flooding in Vermont, and now a major hurricane that hit Florida and the Southeast,” the Office of Management and Budget said in a statement.

The increase from the administration’s original request of $12 billion underscores the severity and growing score of the recent natural disasters, with the head of the Federal Emergency Management Agency saying as recently as August 29 that the agency still believed its initial estimate would be sufficient.

Yet the proposal faces a difficult path on Capitol Hill, where some hardline conservatives in the House of Representatives are hoping to use the request to exact other spending cuts.

Further complicating the White House’s request - which would replenish FEMA’s Disaster Relief Fund – is Biden’s insistence that the funding should move alongside more than $28 billion the White House wants to assist Ukraine and address migration issues on the US Southern border.

House Speaker Kevin McCarthy earlier this summer indicated he might demand concessions to offset the cost of additional assistance for the effort to bolster Ukraine as it continues to battle Russian invaders.

And the president on August 31 asked Congress to approve an additional $1.4 billion for the Women, Infants and Children nutrition program as part of a short-term measure that would keep the government funded while negotiations continue on the 12 annual spending bills.

Biden tried to rally support despite Republican skepticism during a visit to the Federal Emergency Management Agency headquarters in Washington, where he met with officials monitoring recovery efforts after Idalia.
“We’re going to need a whole hell of a lot more money to deal with all you’re taking care of,” Biden said.

The president went on to express disbelief with lawmakers who did not support the emergency request. “I’m not even sure what their thinking is,” he said, adding that legislation authorizing the additional spending had to be passed within the next month.

Senators and representatives returning after the Labor Day recess have only a few weeks to avert a partial government shutdown, and FEMA Administrator Deanne Criswell said earlier last week that her agency was diverting money from long-term projects to help address immediate needs in the aftermath of the fires and storms.

Page 118 of 300 ends

Innovative Federal Strategies LLC
“I want to stress that while Immediate Needs Funding will ensure we can continue to respond to disasters, it is not a permanent solution,” Criswell told reporters. “Congress must work with us on the supplemental request.”
Supreme Court Wetlands Ruling Imperils Waters on Public Lands Wetlands and waterways in national parks, monuments, forests and other federal public lands are newly vulnerable to pollution and development in the wake of the Supreme Court’s May ruling in Sackett v. EPA, natural resources attorneys say.

But because federal lands have some protection under the National Environmental Policy Act and a raft of other laws, there is broad disagreement among attorneys about how Sackett affects public land.

Sackett creates a federal jurisdictional test for waters and wetlands “that is divorced from science” and will “disempower federal land managers from protecting critical water resources on public lands,” said Craig Galli, senior partner at Holland & Hart LLP in Salt Lake City and a distinguished practitioner in residence at Brigham Young University Law School.

The ruling effectively eliminates the federal government’s role in regulating many wetlands nationwide under the Clean Water Act as waters of the US, or WOTUS. The ruling narrows which waters and wetlands qualify as WOTUS, leaving wetlands and possibly ephemeral streams that are not directly connected to large navigable rivers, streams, and coastlines either unregulated or regulated only by states. The opinion paves the way for unpermitted dredging and filling of many streams and wetlands for construction across the country.

Headwaters, Parks Unprotected
But how the ruling affects the nearly 640 million acres of land already controlled by federal agencies including the Interior Department and US Forest Service is complex.

Ephemeral and intermittent streams and other wetlands with no direct connection to navigable waters are found throughout national forests, parks, and Bureau of Land Management public lands, especially in the arid West, which hosts most of the country’s federal land and where many streams run only when it rains. “Waters that are on federal lands including national parks are not automatically considered federal waters unless they meet the standard for being a water of the United States,” Donna Downing, senior legal policy adviser for the National Association of Wetland Managers, testified during a July 26 House Transportation and Infrastructure Committee Democrats’ roundtable on Sackett.

Sackett shrank that standard, leaving waters on federal lands vulnerable, she said.

Protections afforded to wetlands under federal land management rules will either not be as rigorous as the rules under the Clean Water Act, or those protections will be expressly

Page 119 of 300 ends

Innovative Federal Strategies LLC
tied to those waters being waters of the United States, said Andrew Hawley, staff attorney at the Western Environmental Law Center.

Though public lands laws and policies allow federal agencies to protect wetlands, the agencies have to choose to do so, said Sam Kalen, an environmental law professor at the University of Wyoming College of Law.

Wetlands that were protected under the Clean Water Act prior to Sackett could be at risk “if an agency doesn’t step in and fill that void,” he said.

The ruling will affect NEPA environmental reviews for timber sales, energy projects, road construction, and other projects on federal lands, but only on federal lands that have weak state-level wetlands regulations such as Alaska, said Duncan Greene, partner at Van Ness Feldman LLP in Seattle.

Many streams and wetlands high in the mountains are fed by snowpack and groundwater that form the headwaters of the region’s rivers and water supplies. “By establishing a jurisdictional test that focuses entirely on surface waters, while ignoring the dynamic interaction of streams with shallow groundwater, a significant number of headwaters streams located on public lands will become non-jurisdictional,” and lose some protections, depending on what state they’re in, Galli said.

The Interior Department and the US Forest Service declined to comment.

Carole Holley, managing attorney for the environmental law firm Earthjustice, said nobody knows what Sackett means for federal lands in Alaska, which has millions of acres of both federal lands and wetlands. That’s because the court settled on an unclear notion of “waters of the US” that overlooks wetlands hydrology, sowing confusion. “Many operators will take advantage of that confusion, along with the overworked regulators, to destroy these valuable ecosystems,” Holley said.

Broad Disagreement
Other attorneys disagree that the ruling will affect federal lands because the federal government already controls permitting there.
“Activities on federal lands require approval by a federal agency,” said Neal McAliley, shareholder at Carlton Fields PA in Miami. “Federal actions are subject to NEPA, the Endangered Species Act, and other laws that require the agencies to consider the environmental effects of their actions.”
A 1977 executive order that is still in effect is very similar to the Clean Water Act and requires all federal agencies to avoid construction on federally-owned wetlands, he said.

Page 120 of 300 ends

Innovative Federal Strategies LLC
National forest plans often extend protections to all kinds of streams and wetlands, including ephemeral streams, making the ruling less important to federal lands, said Susan Jane Brown, a private environmental lawyer in Oregon. “Laws like the National Forest Management Act, Federal Land Policy and Management Act, etc. extend protection to aquatic features too, making CWA application duplicative,” Brown said.

John Leshy, an emeritus professor at the University of California College of the Law-San Francisco who served as Interior solicitor in the Clinton administration, said he hasn’t deeply researched Sackett‘s implications for federal lands, but the implication that the Clean Water Act limits federal land managers’ authority to protect wetlands is dubious.

Leshy said Downing, who testified at the roundtable, seemed to be suggesting that when Congress passed the Clean Water Act, it deprived federal land managers’ power under the Mineral Leasing Act to limit water pollution from energy development. “I don’t know of any court that has suggested that,” he said.

Schumer, Bennet Outdoor Recreation Bill Eyed for Farm Bill Rural communities seeking to benefit from the $800 billion outdoor recreation industry in the US would get a funding boost from legislation that could end up in the 2023 farm bill.

Democrats, including Senate Majority Leader Chuck Schumer (N.Y.), are throwing their weight behind a measure to authorize $50 million annually through fiscal 2028 for rural areas to upgrade outdoor recreation infrastructure such as boat ramps and trails, as well as help communities plan for the increased tourism and larger workforce the industry is expected to bring.

The legislation, sponsored by Sen. Michael Bennet (D-Colo.) and Rep. Melanie Stansbury (D-N.M.), is the recreation industry’s “big play in the farm bill,” said Jessica Wahl Turner, president of the Outdoor Recreation Roundtable, in an interview.

While lawmakers introduced the measure as stand-alone legislation (S. 2604, H.R. 5052), they are eyeing attaching it to broader, bipartisan bills before year’s end. Those potential vehicles include, as well as the farm bill, a public lands or broader outdoor recreation package, or a measure reauthorizing the Economic Development Administration.

Turner said she expects the Rural Outdoor Investment Act to attract bipartisan support in the House and Senate.

Outdoor recreation in the US, especially on public lands and waters, boomed during the Covid-19 pandemic, as Americans sought alternatives to indoor activities. The industry supported 4.5 million jobs and contributed about 1.9% to the nation’s gross domestic

Page 121 of 300 ends

Innovative Federal Strategies LLC
product in 2021, according to the Bureau of Economic Analysis. Outdoor recreation also contributed about $862 billion in sales and revenue in 2021.

Outdoor recreation “brings billions of dollars to New Mexico every year and employs over 35,000 people across the state,” Stansbury said in a statement. The bill will support outdoor recreation infrastructure, planning assistance, and financial support for businesses in the state’s rural communities, she said.

A family hikes to a lookout point along on Mount Washington, viewing New Hampshire’s White Mountains on June 12, 2020, as many Americans took to the outdoors during the Covid pandemic.

Outdoor recreation is an “economic engine” and a “cornerstone of our Western way of life,” said Bennet in a statement. “This legislation will expand recreation options, create good-paying jobs, and support local businesses so that as demand for outdoor recreation in Colorado grows, rural economies grow too.”
Supporters of the rural outdoor recreation measure say it’s a public works initiative.

Smaller communities could receive more technical assistance, guidance, and other grants through existing federal programs, enabling them to capitalize on the outdoor recreation economy and grow sustainably. “You can have both, but you have to plan and have a strategy,” said Turner.

Not every community wants to be a Moab, Utah, or Boulder, Colo., Turner added, referring to gateway cities with lucrative outdoor recreation that have struggled to provide affordable worker housing and smart growth for year-round residents. “A lot of communities are scared of becoming that overrun tourist destination,” she said.

Access to federal grants and targeted funding for outdoor recreation also can help rural communities attract other dollars from the private and non-profit sectors, Turner said.

Billion-Dollar Drugs Face First US Price Negotiations
Some of the most widely used drugs in the US may be heading for lower prices under Medicare, a move that could save taxpayers billions of dollars and squeeze profits for big pharmaceutical companies.

The ability for the government to haggle over prices is a marked change for pharma companies that have long been able to charge whatever they think a medication is worth, even as most other industrialized countries bargain hard. With the IRA now enabling Medicare to come to the table over products that have long been on the market, drugmakers are girding for the prospect of lower revenue from some of their biggest sellers.

For taxpayers, the savings could be significant: Negotiations could save the US $36.5 billion from 2026 to 2028, according to Wells Fargo Securities. Drugmakers are suing the government to stop the squeeze.

Page 122 of 300 ends

Innovative Federal Strategies LLC
“They’re going to earn less money,” said Spencer Perlman, an analyst with policy research firm Veda Partners. “That’s just a fact.”
Medicare spends more than $200 billion on outpatient prescription drugs annually.

Eliquis, the Bristol-Myers Squibb Co. blood thinner used to prevent heart attacks and strokes, cost the program more than $12 billion in 2021 alone.

Under the IRA, the price ceiling for a selected drug will be set somewhere between 75% and 40% of its average price, with steeper discounts for drugs that have been on the market longer. Medicare will halve its costs for the chosen drugs on average, according to Congressional Budget Office estimates. That will lower the health program’s spending total by almost $100 billion through 2031, when annual savings will approach $25 billion.

Predictions Hard
The process set in motion last week won’t hit sales until 2026, and even then, analysts suggest its early effects will be modest. The law would shave 3% from Bristol’s revenue that year, Bloomberg Intelligence analysts estimate, and 1% or less for the other companies seen undergoing the first round of negotiations. Cowen & Co. analysts deemed the impact “manageable” for pharma companies.

Each year, Medicare will add drugs to its low-cost shopping list, reshaping how medications are made and sold in the US drug market. The government can only negotiate for the drugs that Medicare spends the most on — the top 50 retail prescription drugs and the top 50 administered by physicians. The price cuts don’t apply to other purchasers like private insurers or patients paying cash.

Still, it’s a sea change that pharma companies have dreaded. “This misguided policy does not strike the right balance between incenting investment and innovation and improving affordability and access,” Merck Chief Executive Officer Robert Davis said earlier this month on a call with analysts.

Taxpayer Win
Big drugmakers have long fought to maintain their products’ patent protection and forestall the arrival of generic competition. The IRA undercuts that strategy, demanding price concessions on products that have been on the market for years and have no generic alternatives. Keytruda — provider of 35% of Merck’s revenue over the last three years — and Bristol’s Opdivo will both become potential candidates for negotiations in 2028.

The administration calls that a win for the taxpayers who fund Medicare and for the seniors enrolled in it. To the companies, it’s price-setting, and they’re hitting back.

Drugmakers have filed cases in courts across the US, potentially leading to split appellate decisions and a trip to the Supreme Court. The US Chamber of Commerce is seeking to halt negotiations before they even start.

Page 123 of 300 ends

Innovative Federal Strategies LLC
UK-based AstraZeneca Plc filed suit last Friday, arguing the IRA will shorten drugmakers’ window to recoup their investments. Companies are already front-loading revenues with higher launch prices, said BMO Capital Markets analyst Evan David Seigerman, pointing to Bristol’s Sotyktu that came to the market last year at an annual price of more than $70,000.
“You just have to start out with higher cash flows because you know in the out years you’re going to have lower cash flows,” Seigerman said.

Fewer New Drugs
Drugmakers are warning they can’t take chances on new products if the returns are going to shrink. They may delay seeking approval until they have evidence to get drugs cleared for their most lucrative uses. And they may focus on biologic drugs, which get 13 years of protection from negotiation, compared to nine for pills.

Indeed, the CBO estimates that price negotiations and other measures in the IRA will lower the number of new drugs coming to market by about 1% over the next 30 years.

That isn’t necessarily bad: The policy may encourage companies develop new, innovative products rather than their own versions of other companies’ branded drugs, said Juliette Cubanski, deputy director of Medicare policy at KFF, a nonprofit healthpolicy research organization. And drugmakers may not fight generic competitors as vigorously, because drugs with generic equivalents are exempt from price negotiation.

Fitch’s US Downgrade Is Stoking the Very Fight It Warned Against Washington’s hostile political factions quickly took up Fitch Ratings’ downgrade of US government debt as a new weapon of political combat — highlighting in part why the firm stripped the US of its top-tier credit rating.

Democrats and Republicans traded blame for the downgrade, with a group of hard-right conservatives promising to dig in during a looming spending fight that could shut down the federal government as soon as Oct. 1.

The bitter recriminations echoed the concerns raised by Fitch in announcing its decision after the close of financial markets on July 29. In a statement, Fitch cited an “erosion of governance relative to ‘AA’ and ‘AAA’ rated peers over the last two decades that has manifested in repeated debt limit standoffs and last-minute resolutions.” President Joe Biden, who has spent the summer promoting his “Bidenomics” agenda as the US economy shows surprising strength, was privately frustrated over the Fitch decision and expressed irritation to his team, according to people familiar with the matter who requested anonymity to describe private conversations.

Progress on jobs, real wages and bringing down inflation — all heading in the right direction — typically matter more to voters than a Wall Street credit grader’s score. Still,

Page 124 of 300 ends

Innovative Federal Strategies LLC
any indicator pointing to shortfalls in stewardship of the economy could damage public perceptions of Biden as he seeks reelection.

Republicans blamed the decision on Biden’s policies, saying spending on domestic programs is fueling the national debt. The right-wing House Freedom Caucus portrayed it as further reason to demand lower spending levels during the coming shutdown fight. “It’s time to end Washington’s addiction to spending, and we have an opportunity to begin that during the appropriations process,” the group of Republican lawmakers said in response to the downgrade.

Markets mostly shrugged off the downgrade, with Treasury yields initially falling in Asian futures markets after its announcement. Bond investors pushed up Treasury yields, spooked by plans for a flood of government-debt issuance and data suggesting US companies added more jobs than expected in July.

While Fitch’s decision has thus far had minimal impact on the short-term cost of borrowing for the US government, it will likely inflame the fight over government funding levels for next fiscal year.

The House and Senate are taking conflicting paths in setting discretionary spending levels despite an agreement between Biden and House Speaker Kevin McCarthy to set an $1.59 trillion cap for fiscal 2024, cutting $12 billion from the current fiscal year, as part of deal to suspend the debt limit.

Bowing to pressure from conservatives, McCarthy has crafted spending bills with a top line of $1.47 trillion. To reach those cuts while appeasing moderates, leadership is using a series of budget gimmicks to bring down spending levels. Hard-line conservatives say they will not support that tactic and McCarthy was forced to pull an agriculture spending bill from the floor amid the dispute.

But in the Senate, there is bipartisan agreement to use budget moves to bring the effective spending level to $1.68 trillion, an $89 billion increase above the cap. It will be difficult for the chambers to bridge the divide, given pressure from conservatives. “I worry it is going to inflame the chances of a shutdown and prove Fitch right,” said Marc Goldwein of the Committee for a Responsible Federal Budget, a watchdog group.

Page 125 of 300 ends

Page 126 of 300 ends

STAFF REPORT
TO: City Council
FROM: City Manager
FOR MEETING: Sep 26 2023
SUBJECT: Fire Department Emergency Response Report - August 2023 ATTACHMENTS:
• TNP Monthly Totals - Aug
2023

Page 127 of 300 ends

Incident Totals
2 6
7 2
1 9
245
7 3
8 1
291
Traffic Collision
Totals
Incident Type
Vehicle Fire
Medical
Public Service
Structure Fire
Unknown Type Fire
Motorhome/Truck/Bus Fire
Outside Elec Incident
Unknown
Vegetation Fire
San Bernardino County Fire Area Incident Report
Criteria: 8/1/2023 to 8/31/2023
Division(s): South Desert
Battalion(s): 6, 7
City(ies): Twentynine Palms
Investigation/Alarm
Printed on 9/5/2023 4:20 PM Page 1 of 1 Page 128 of 300 Incident Totals
2 6
7 2
1 9
245
7 3
8 1
291
Traffic Collision
Totals
Incident Type
Vehicle Fire
Medical
Public Service
Structure Fire
Unknown Type Fire
Motorhome/Truck/Bus Fire
Outside Elec Incident
Unknown
Vegetation Fire
San Bernardino County Fire Area Incident Report
Criteria: 8/1/2023 to 8/31/2023
Division(s): South Desert
Battalion(s): 6, 7
City(ies): Twentynine Palms
Investigation/Alarm
Printed on 9/5/2023 4:20 PM Page 1 of 1 Page 129 of 300

Page 130 of 300 ends

STAFF REPORT
TO: City Council
FROM: Assistant Planner
FOR MEETING: Sep 26 2023
SUBJECT: DCA - Density Bonus, Community Care Facilities and Emergency Shelters - Second Reading.

RECOMMENDATION:

The City Council find the project exempt from CEQA and adopt the Ordinance amending Chapter 19.72 Density Bonus, Chapter 19.114 Community Care Facilities and Chapter 19.116 Emergency Shelters.

ORDER OF PROCEDURE:

Request Staff Report (Community Development Director
Presenting)
Council Questions of Staff
Receive Public Comment
Council Discussion
Motion/Second
Discussion on Motion
Call the Question
ATTACHMENTS:
• City Council Ordinance -
Density Bonus, Community
Care Facilities and Emergency
Shelters
• Chapter 19.72 Density Bonus
draft
• Chapter 19.114 Community
Care Facilities draft
• Chapter 19.116 Emergency
Shelters draft
• Planning Commission
Resolution - Density Bonus,
Community Care Facilities and
Emergency Shelters
BACKGROUND:

On August 22, 2023, the City Council held a Public Hearing on a Development Code Amendment for Chapter 19.72 Density Bonus, Chapter 19.114 Community Care Facilities, and chapter 19.116 Emergency Shelters.

Page 131 of 300 ends

On July 18, 2023 the Planning Commission also held a Public Hearing on amendments to the Development Code on Chapter 19.72 Density Bonus, Chapter 19.114 Community Care Facilities, and chapter 19.116 Emergency Shelters.

The City completed and adopted its Housing Element update last year. That update included revisions and additions to the Housing Plan (Chapter 7 of the Housing Element) to update the Zoning Code to address a number of changes in State law and other items required to facilitate the development of housing in the next eight years. All of the proposed changes are provided in Attachment A and are shown in Track Changes for ease of review by the Commission. Generally, the changes relate to changes in State law, such as Density Bonus and Accessory Dwelling Unit requirements, or changes that the Housing Element analysis determined were necessary to facilitate the development of housing during the 2021- 2029 planning period.

Specifically, the following Programs are being implemented by this Zoning Code update:

Program HS-6: Requires that the City update its Density Bonus Ordinance to comply with changes to State law. These changes are reflected in Chapter 19.72, and update the language and requirements for Density Bonuses to reflect increases in the percentage of units that can be claimed, and requirements for different types of units (affordable, affordable senior and student housing, for example).

Program HS-14: Requires review and modification of locational standards for Congregate Care facilities in Chapter 9.114. The standards required that these facilities be located on a General Plan roadway, and that they be in transitional areas between residential and non-residential land districts. Neither of these regulations appear to be applicable and are proposed for removal in Chapter 19.114.040.

Chapter 19.116, Emergency Shelters was amended to modify the parking requirement to one space per employee.

State law requires that the Development Code be consistent with the General Plan. Therefore, in order to assure that the City’s General Plan is properly implemented, these changes are required. Further, these changes are not substantive, and generally bring the City into conformance with current requirements of the California Government Code.

FINDINGS FOR APPROVAL
In order to make a recommendation for approval of the Development Code Amendments to the City Council, the Planning Commission must make findings, consistent with the provisions of Municipal Code Section 19.46.070. The recommended findings are provided below, and have been included in the attached Resolution.

A. The Development Code Amendment is consistent with the intent of the goals and policies of the General Plan, insofar as it directly implements the policies and programs adopted in the recent Housing Element Update.

B. The Development Code Amendment prescribes reasonable controls and standards to ensure compatibility with other established uses, and assures that the City does not impede the development of housing during the 2021-2029 planning period for the Housing Element.

C. The Development Code Amendment provides reasonable property development rights while protecting environmentally sensitive land uses and species, insofar as the changes in the Code allow more flexibility and more clearly define land uses and simplify the entitlement process for housing.

D. The Development Code Amendment ensures protection of the general health, safety and welfare of the community.

Page 132 of 300 ends

ENVIRONMENTAL:

The project is exempt from the California Environmental Protection Act (CEQA). Pursuant to Section 15061(b)(3), the activity is covered by the common-sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

ALTERNATIVES:

The City Council could choose to:

1. Approve the Development Code Amendment with modifications.

2. Deny the Development Code Amendment.

FISCAL IMPACT:

None.

Page 133 of 300 ends

CITY OF TWENTYNINE

PALMS CITY COUNCIL
ORDINANCE NO. 309

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TWENTYNINE

PALMS, CALIFORNIA, ADOPTING A DEVELOPMENT CODE
AMENDMENT AMENDING CHAPTER 19.72 DENSITY BONUS, CHAPTER

19.114 COMMUNITY CARE FACILITIES AND CHAPTER 19.116

EMERGENCY SHELTERS OF THE CITY OF TWENTYNINE PALMS
DEVELOPMENT CODE.

WHEREAS, the City of Twentynine Palms General Plan was adopted by the City Council on April 24, 2012; and
WHEREAS, the City of Twentynine Palms Development Code was adopted by the City Council on July 26, 2016; and
WHEREAS, California Government Code Sectio 65580 et. Seq. requires the periodic updating of the City’s Housing Element based on a pre-determined schedule; and WHEREAS, the 6th cycle planning period and its associated Regional Housing Needs Assessment is form October 2021 to October 2029; and
WHEREAS, on December 13, 2022, the City Council approved the revisions to the Housing Element and other elements; and
WHEREAS, on July 18, 2023, the Planning Commission of the City of Twentynine Palms conducted a duly noticed and advertised Public Hearing on the Development Code Amendment for Chapter 19.72 Density Bonus, Chapter 19.114 Community Care Facilities and Chapter 19.116 Emergency Shelters; and
WHEREAS, on August 09, 2023, the Development Code Amendment was duly noticed in the Desert Trail, a newspaper of general circulation within the City of Twentynine Palms; and
WHEREAS, on August 22, 2023, the City Council of the City of Twentynine Palms conducted a duly noticed and advertised Public Hearing on the Development Code Amendment as reflected in "Exhibit A" in accordance with the California Government Code Section 65350 et. seq. and California Government Code Section 65853 et. seq., required by law for this amendment; and
WHEREAS, a Public Hearing was held by the City Council on August 22, 2023, at which time the Council introduced Ordinance No. 309, amending Chapter 19.72 Density Bonus, Chapter 19.114 Community Care Facilities and Chapter 19.116 Emergency Shelters of the Development Code, and
WHEREAS, on August 22, 2023, at the above noted Public Hearing for the Development Code Amendment, the City Council of the City of Twentynine Palms considered the potential environmental impacts that may occur with the adoption of the proposed Development Code Amendment and recommended that in accordance with the California Environmental Quality Act (CEQA) Guidelines Section, the proposed zoning text

Page 134 of 300 ends

amendment has been reviewed for its potential to impact the environment. Pursuant to Section 15061(b)(3) of the State Guidelines to Implement the California Environmental Quality Act, the activity is covered by the common-sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment.

Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA; and WHEREAS, the City Council found that on the basis of the whole record before it, including any public comments received, there is no substantial evidence that the Development Code Amendment would have a significant effect on the environment and that the proposed CEQA determination reflected the City Council's independent judgment and analysis; and
WHEREAS, the City Council, in its review of the proposed Development Code Amendment, makes the following findings:

A. That the Zone Change or Development Code Amendment is consistent with the intent of the goals and policies of the General Plan.

The Development Code Amendment is consistent with the intent of the goals and policies of the General Plan, insofar as it directly implements the policies and programs adopted in the recent Housing Element Update.

B. The Zone Change or Development Code Amendment prescribes reasonable controls and standards to ensure compatibility with other established uses.

The Development Code Amendment prescribes reasonable controls and standards to ensure compatibility with other established uses and assures that the City does not impede the development of housing during the 2021-2029 planning period for the Housing Element.

C. The Zone Change or Development Code Amendment provides reasonable property development rights while protecting environmentally sensitive land uses and species.

The Development Code Amendment provides reasonable property development rights while protecting environmentally sensitive land uses and species, insofar as the changes in the Code allow more flexibility and more clearly define land uses and simplify the entitlement process for housing.

D. The Zone Change or Development Code Amendment ensures protection of the general health, safety and welfare of the community.

The Development Code Amendment ensures protection of the general health, safety and welfare of the community.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TWENTYNINE PALMS, CALIFORNIA, TAKES THE FOLLOWING ACTIONS:

Section 1. Based upon the review of the proposed amendment of the Development Code, Chapter 19. 19.72 Density Bonus, Chapter 19.114 Community Care Facilities and Chapter 19.116 Emergency Shelters, the City Council finds that the proposed amendment does not have the potential to have an adverse impact on the environment and, in accordance with the California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3), the activity is covered by the common-sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment.

Where it can be seen with certainty that there is no possibility that the activity in question

Page 135 of 300 ends

may have a significant effect on the environment, the activity is not subject to CEQA.

Section 2. The City Council finds that the proposed amendment is consistent with the City's adopted General Plan Goals and Policies as the proposal will support the implementation of the General Plan and State law.

Section 3. The City Council approves and adopts the "Findings" required for approval of the Development Code update as set forth above.

Section 4. The City Council of the City of Twentynine Palms amends the Development Code as reflected in Exhibit "A."
Section 5. Notice of Adoption. The City Clerk of the City of Twentynine Palms shall certify to the adoption of this Ordinance and cause publication to occur in a newspaper of general circulation and published and circulated in the City in a manner permitted by Section 36933 of the Government Code of the State of California.

Section 6. Introduction Date. Ordinance No.309 was introduced by Council action on the 22nd day of August 2023.

Section 7. Effective Date. Ordinance No. 309 becomes effective thirty (30) days after the second reading by City Council.

Section 8. Severability. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and, to this end, the provisions of this Ordinance are declared to be severable.

PASSED, APPROVED, AND ADOPTED this 26
th day of September 2023.

McArthur Wright, Mayor
ATTEST:

Cindy Villescas CMC, City Clerk
APPROVED AS TO FORM:

A. Patrick Munoz, City Attorney
I hereby certify that the foregoing is a true copy of Ordinance No. 309, introduced on the 22 nd
day of August 2023 and duly adopted by the City Council of the City of Twentynine Palms in a meeting held on 26
th day of September 2023, in Twentynine Palms, California by the following

Page 136 of 300 ends

vote, to wit.

AYES:

NOES:

ABSENT:

ABSTAIN:

COUNCILMEMBER:

Cindy Villescas CMC, City Clerk

Page 137 of 300 ends

Page 138 of 300 ends

Created: 2022-06-01 16:56:49 [EST]
(Supp. No. 17, Update 1)

Page 1 of 25 ends

Chapter 19.72 Affordable Housing Density Bonus

19.72.010 Purpose
This Chapter implements the statutory requirements set forth in Government Code Sections 65915-65918 (known as state density bonus law). To the extent practicable, the citation to the governing statutory provision is included next to the implementing Ordinance section. If any provision of this Chapter conflicts with state law, the latter shall control. Applicable statutes should be consulted for amendments prior to applying the Ordinance provision.

19.72.020 Applicability
The density bonuses and incentives contained in this Chapter shall apply to housing developments eligible for a density bonus under state density bonus law. When an applicant seeks a density bonus for a housing development within, or for the donation of land for housing within, the City's jurisdiction that meets the requirements set out in California Government Code Section 65915, the actions and procedures set out in this Chapter shall apply. The burden is on the applicant to show that the housing development meets such requirements. The density bonus provisions of California Government Code Sections 65915 et seq., as may be amended from time to time, are incorporated by reference into this chapter. The City reserves the right to review applications for a density bonus in accordance with state density bonus law.

19.72.030 Definitions
In addition to the definitions in Chapter 19.06, the following definitions in this section apply to this Chapter and shall control where there is a conflict with the definitions in Chapter 19.06. State law definitions, as they may be amended from time to time, control over the definitions in this section. Where the definitions are provided by state law, the citation to the statute follows.

A. Affordable Housing. Dwelling units with a sales price or rent within the means of a low- or moderate-income household as defined by state or federal legislation. As used in this Development Code:

1. Very low income refers to family units/household whose annual income is 50 percent or less of the area's median income as defined in Health and Safety Code Section 50105 (Government Code Section 65915(b)(1)(B)).

2. Low income refers to family units/households whose annual income is between 50 percent and 80 percent of the area's median income as defined in Health and Safety Code Section 50079.5 (Government Code Section 65915(b)(1)(A)).

3. Moderate income refers to family units/households whose annual income is between 80 percent and 120 percent of the area's median income as defined in Health and Safety Code Section 50093 (Government Code Section 65915(b)(1)(D)).

B. Affordable Housing Benefits. Means one or more of the following:

1. A density bonus pursuant to Section 19.72.070.

2. An incentive pursuant to Section 19.72.110.

3. A development standard waiver or modification pursuant to Section 19.72.140.

Exhibit “A”

Page 139 of 300 ends

Created: 2022-06-01 16:56:49 [EST]
(Supp. No. 17, Update 1)

Page 2 of 25 ends

4. A parking standard modification pursuant to Section 19.72.150.

C. Affordable Housing Cost. The definition set forth in Health and Safety Code Section 50052.5 (Government Code Section 65915(c)(1)).

D. Affordable Housing Developer. The applicant or permittee of a qualified housing development and its assignees or successors in interest.

E. Affordable Rent. The definition set forth in Health and Safety Code Section 50053 (Government Code Section 65915(c)(1)).

F. Child Care Facility. A child day care facility other than a family day care home, including but not limited to infant centers, preschools, extended day care facilities, and school-age child care centers (Government Code Section 65915(h)(4)).

G. Common Interest Development. Any of the following: a community apartment project, a condominium project, a planned development, and a stock cooperative pursuant to Civil Code Section 1351(c) and pursuant to Civil Code Section 4100. All common interest development units must be offered to the public for purchase (Government Code Section 65915(b)(1)(D)).

H. Condominium Conversion Project. A residential project in which the applicant proposes to convert apartment units to condominiums pursuant to Government Code Section 65915.5(a).

I. Density Bonus. A process by which a city can increase the density within a development project by a percentage established by law or through which the city offers incentives that support economic viability in return for guarantees with respect to the preservation of the rights of use or sale for affordable housing purposes.

J. Density Bonus Units. Dwelling units granted pursuant to Section 19.72.040 which exceed the otherwise maximum allowable residential density.

K. Development Standard. A site or construction condition, including but not limited to a height limitation, a setback requirement, a floor area ratio, an on-site open-space requirement, or a parking ratio, that applies to a residential development pursuant to the Development Code, the General Plan or other City condition, law, policy, resolution, or regulation (Government Code Section 65915(o)(1)).

L. Housing Development. A development project of five or more residential units and includes a subdivision or common interest development that is approved by the City and consists of residential units or unimproved residential lots, and either a project to substantially rehabilitate and convert an existing commercial building to residential use or the substantial rehabilitation of an existing multifamily dwelling where the result of the rehabilitation would be a net increase in available residential units (Government Code Section 65915(i)).

M. Incentive. Means "incentives and concessions" as that phrase is used in Government Code Section 65915.

N. Market-rate Unit. A dwelling unit that is not an affordable unit.

O. Maximum Allowable Residential Density. The density allowed under the Development Code and the Land Use Element of the General Plan, or if a range of density is permitted, means the maximum allowable density for the specific district density range applicable to the project. If the density allowed under the Development Code is inconsistent with the density allowed under the Land Use Element of the General Plan, the General Plan density shall prevail (Government Code Section 65915(o)(2)).

P. Minimum Affordable Housing Component. A housing development project that includes a minimum of any of the following:

1. Very Low Income Minimum Affordable Housing Component - Provides at least 5 percent of the total units for very low-income household residents (Government Code Section 65915(b)(1)(B)); or

Page 140 of 300 ends

Created: 2022-06-01 16:56:49 [EST]
(Supp. No. 17, Update 1)

Page 3 of 25 ends

2. Low Income Minimum Affordable Housing Component - Provides at least 10 percent of the total units for low-income households (Government Code Section 65915(b)(1)(A)); or

3. Moderate Income Minimum Affordable Housing Component - Provides at least 10 percent of the total dwelling units in a common interest development for moderate-income households (Government Code Section 65915(b)(1)(D)).

Q. Other Incentives of Equivalent Financial Value. The reduction or waiver of requirements which the City might otherwise apply as conditions of condominium conversion approval, but shall not be construed to require the City to provide cash transfer payments or other monetary compensation (Government Code Section 65915.5(c)).

R. Qualified Housing Development. A housing development that meets the requirements of Section 19.72.040 for density bonus.

S. Qualified Land. Land offered for donation in accordance with Section 19.72.100 that meets the criteria set forth in Subsection 19.72.100.A.

T. Senior Citizen Housing Development. A residential development that is developed, substantially rehabilitated, or substantially renovated for senior citizens and that has at least 35 senior citizen housing development units (Government Code Section 65915(b)(1)(C)).

U. Senior Citizen Housing Development Unit. A residential dwelling unit in a senior citizen housing development that is available to, and occupied by, a senior citizen as defined in Civil Code Section 51.3.

V. Specific, Adverse Impact. A significant, quantifiable, direct and unavoidable impact, based on objective, identified written public health or safety standards, policies or conditions as they existed on the date the application for the housing development was deemed complete.

Inconsistency with the Development Code or General Plan land use designation shall not constitute a specific, adverse impact upon the public health or safety (Government Code Section 65589.5(d)(2)).

W. Total Units and Total Dwelling Units. Dwelling units other than density bonus units (Government Code Section 65915(b)(3)).

19.72.040 Eligibility for Density Bonuses and Incentives A. Density bonuses are available to affordable housing developers in accordance with this Chapter for the following:

1. The city shall grant one (1) density bonus as specified in this section, and incentives or concessions as described in this section, when an applicant seeks and agrees to construct a housing development, excluding any units permitted by the density bonus awarded pursuant to this section, that will contain at least any one (1) of the following:
a. Ten percent of the total units of a housing development for rental or sale to lower income households, as defined in Section 50079.5 of the Health and Safety Code. b. Five percent of the total units of a housing development for rental or sale to very low income households, as defined in Section 50105 of the Health and Safety Code. c. A senior citizen housing development, as defined in Sections 51.3 and 51.12 of the Civil Code, or a mobilehome park that limits residency based on age requirements for housing for older persons pursuant to Section 798.76 or 799.5 of the Civil Code. d. Ten percent of the total dwelling units of a housing development are for rental or sale to persons and families of moderate income, as defined in Section 50093 of the Health and Safety Code.

Page 141 of 300 ends

Created: 2022-06-01 16:56:49 [EST]
(Supp. No. 17, Update 1)

Page 4 of 25 ends

e. Ten percent of the total units of a housing development for transitional foster youth, as defined in Section 66025.9 of the Education Code, disabled veterans, as defined in Section 18541, or homeless persons, as defined in the federal McKinney-Vento Homeless Assistance Act (42 U.S.C.

Sec. 11301 et seq.). The units described in this subparagraph shall be subject to a recorded affordability restriction of 55 years and shall be provided at the same affordability level as very low income units.
f. Twenty percent of the total units for lower income students in a student housing development that meets the following requirements:
i. All units in the student housing development will be used exclusively for undergraduate, graduate, or professional students enrolled full time at an institution of higher education accredited by the Western Association of Schools and Colleges or the Accrediting Commission for Community and Junior Colleges. In order to be eligible under this subclause, the developer shall, as a condition of receiving a certificate of occupancy, provide evidence to the city, county, or city and county that the developer has entered into an operating agreement or master lease with one or more institutions of higher education for the institution or institutions to occupy all units of the student housing development with students from that institution or institutions. An operating agreement or master lease entered into pursuant to this subclause is not violated or breached if, in any subsequent year, there are not sufficient students enrolled in an institution of higher education to fill all units in the student housing development. ii. The applicable 20-percent units will be used for lower income students. iii. The rent provided in the applicable units of the development for lower income students shall be calculated at 30 percent of 65 percent of the area median income for a single-room occupancy unit type.
iv. The development will provide priority for the applicable affordable units for lower income students experiencing homelessness. A homeless service provider, as defined in paragraph (3) of subdivision (e) of Section 103577 of the Health and Safety Code, or institution of higher education that has knowledge of a person’s homeless status may verify a person’s status as homeless for purposes of this subclause.

For purposes of calculating a density bonus granted pursuant to this subparagraph, the term “unit” as used in this section means one rental bed and its pro rata share of associated common area facilities.

The units described in this subparagraph shall be subject to a recorded affordability restriction of 55 years.
g. 100 percent of all units in the development, including total units and density bonus units, but exclusive of a manager’s unit or units, are for lower income households, as defined by Section 50079.5 of the Health and Safety Code, except that up to 20 percent of the units in the development, including total units and density bonus units, may be for moderate-income households, as defined in Section 50053 of the Health and Safety Code
Housing developments which include a minimum affordable housing component (Section 19.72.070 and Section 19.72.190A).

2. Housing developments which include a minimum affordable housing component and a child care facility (Section 19.72.080).

3. Senior citizen housing developments (Section 19.72.090).

4. Land donations for very low income housing (Section 19.72.100).

Page 142 of 300 ends

Created: 2022-06-01 16:56:49 [EST]
(Supp. No. 17, Update 1)

Page 5 of 25 ends

B. For the purpose of calculating a density bonus, the residential units must be on contiguous sites that are the subject of one development application, but do not have to be based upon individual subdivision maps or parcels (Government Code Section 65915(i)).

19.72.050 Application and Required Fees
A. Application Filing and Processing. When an applicant seeks a density bonus for a housing development that meets the criteria in Section 19.72.070, the affordable housing developer must comply with all the following requirements:

1. File an application for a density bonus in accordance with this Section that includes a minimum affordable housing component, whether or not the project also requires or has been granted a Conditional Use Permit or other permits or approvals (Government Code Section 65915(d)(1)).

2. State in the application the specific minimum affordable housing component proposed for the housing development (Government Code Section 65915(b)(2)).

3. Enter into an agreement with the City or its designee pursuant to Section 19.72.180 (Affordable Housing Agreement and Equity Sharing Agreement) to maintain and enforce the affordable housing component of the housing development (Government Code Section 65915(c)).

B. Application Fees. Application fees shall be collected in accordance with Section 19.28.050 (Applications and Fees).

1. If an application for a density bonus requires an unusual amount or specialized type of study or evaluation by City staff, consultant or legal counsel, City staff shall estimate the cost thereof and require the applicant to pay an additional fee or make one or more deposits to pay such cost before the study or evaluation is begun. On completion of the study or evaluation, and before the City Council decides the application, City staff shall determine the actual cost of the work and the difference between the actual cost and the amount paid by the applicant, and shall require the applicant to pay any deficiency or shall refund to the applicant any excess.

19.72.060 Effect of Proposal for Waiver or Reduction of Development Standards A. In no case may the city apply any development standard that will have the effect of physically precluding the construction of a development meeting the criteria of subsection C at the densities or with the concessions or incentives permitted by this section. An applicant may submit to the city a proposal for the waiver or reduction of development standards that will have the effect of physically precluding the construction of a development meeting the criteria of subsection C at the densities or with the concessions or incentives permitted under this section, and may request a meeting with the city. If a court finds that the refusal to grant a waiver or reduction of development standards is in violation of this section, the court shall award the plaintiff reasonable attorney's fees and costs of suit. Nothing in this subdivision shall be interpreted to require the city to waive or reduce development standards if the waiver or reduction would have a specific, adverse impact, as defined in paragraph (2) of subsection (d) of Section 65589.5, upon health, safety, or the physical environment, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact. Nothing in this subdivision shall be interpreted to require the city to waive or reduce development standards that would have an adverse impact on any real property that is listed in the California Register of Historical Resources or to grant any waiver or reduction that would be contrary to state or federal law.

B. A proposal for the waiver or reduction of development standards pursuant to this subdivision shall neither reduce nor increase the number of incentives or concessions to which the applicant is entitled pursuant to subsection C.

Page 143 of 300 ends

Created: 2022-06-01 16:56:49 [EST]
(Supp. No. 17, Update 1)

Page 6 of 25 ends

A proposal for the waiver or reduction of development standards shall neither reduce nor increase the number of incentives or concessions to which the applicant is entitled pursuant to Government Code Section 65915(d).

19.72.070 Density Bonus Allowance for Housing Development with Affordable Housing Component
A. The amount of density bonus to which the applicant is entitled shall vary according to the amount by which the percentage of affordable housing units exceeds the percentage established in 19.72.040.

1. For housing developments meeting the criteria of subsection 19.72.040(A)(1)(a), the density bonus shall be calculated as follows:

Percentage Low-Income Units Percentage Density Bonus
10 20
11 21.5
12 23
13 24.5
14 26
15 27.5
16 29
17 30.5
18 32
19 33.5
20 35
21 38.75
22 42.5
23 46.25
24 50

2. For housing developments meeting the criteria of subsection 19.72.040(A)(1)(b), the density bonus shall be calculated as follows:

Percentage Very Low Income Units Percentage Density Bonus 5 20
6 22.5
7 25

Page 144 of 300 ends

Created: 2022-06-01 16:56:49 [EST]
(Supp. No. 17, Update 1)

Page 7 of 25 ends

8 27.5
9 30
10 32.5
11 35
12 38.75
13 42.5
14 46.25
15 50

3. For housing developments meeting the criteria of subsection 19.72.040(A)(1)(c) and (e), the density bonus shall be twenty percent (20%).

4. For housing developments meeting the criteria of subsection 19.72.040(A)(1)(f), the density bonus shall be thirty-five percent (35%).

5. For housing development meeting the criteria of subsection 19.72.040(A) (1)(g), the following shall apply:
i. The density bonus shall be 80 percent of the number of units for lower income households. ii. If the housing development is located within one-half mile of a major transit stop, the city shall not impose any maximum controls on density.

4. For housing developments meeting the criteria of subsection 19.72.040(A)(1)(d), the density bonus shall be calculated as follows:

Percentage Moderate Income Units Percentage Density Bonus 10 5
11 6
12 7
13 8
14 9
15 10
16 11
17 12
18 13
19 14
20 15

Page 145 of 300 ends

Created: 2022-06-01 16:56:49 [EST]
(Supp. No. 17, Update 1)

Page 8 of 25 ends

21 16
22 17
23 18
24 19
25 20
26 21
27 22
28 23
29 24
30 25
31 26
32 27
33 28
34 29
35 30
36 31
37 32
38 33
39 34
40 35
41 38.75
42 42.5
43 46.25
44 50
If the requirements of Section 19.72.040 (Eligibility for Density Bonus and Incentives) are met, then the affordable housing developer is entitled to a density bonus pursuant to Government Code Section 65915(f) as follows:

Page 146 of 300 ends

Created: 2022-06-01 16:56:49 [EST]
(Supp. No. 17, Update 1)

Page 9 of 25 ends

Table 19.72.070-1
Density Bonus Allowance for Housing Development Projects with Affordable Housing Component
Household Income
Category
Minimum
Percent of
Affordable
Units
Minimum
Density
Bonus
Additional
Density
Bonus for
Each 1%
Increase
in
Affordable
Units
Maximum
Percent of
Affordable
Units
Maximum
Possible
Density
Bonus
Affordable Housing Development
Very Low Income 5% 20% 2.50% 11% 35%
Low Income 10% 20% 1.50% 20% 35%
Moderate Income
(Common
Interest
Developments)
10% 5% 1% 40% 35%
B. As demonstrated in Table 19.72.070-1, the amount of density bonus to which the applicant is entitled shall vary according to the amount by which the percentage of affordable units offered by the applicant exceeds the percentage of the minimum affordable housing component; the applicant may also elect to accept a lesser percentage of density bonus (Government Code Section 65915(f)).

C. All density calculations resulting in fractional units shall be rounded up to the next whole number (Government Code Section 65915(f)(5)).

19.72.080 Density Bonus for Housing Development with Affordable Housing Component and Child Care Facility
A. When an applicant proposes to construct a housing development that includes affordable units as specified in subsection C and includes a child daycare facility that will be located on the premises of, as part of, or adjacent to such housing development, the city shall grant either of the following if requested by the developer.
a. An additional density bonus that is an amount of square feet of residential space that is equal to or greater than the amount of square feet in the child daycare facility. b. An additional concession or incentive that contributes significantly to the economic feasibility of the construction of the child daycare facility.

2. A housing development shall be eligible for the density bonus or concession described in this subsection if the city, as a condition of approving the housing development, requires all of the following to occur:
a. The child daycare facility will remain in operation for a period of time that is as long as or longer than the period of time during which the affordable housing units are required to remain affordable pursuant to subsection D.

Page 147 of 300 ends

Created: 2022-06-01 16:56:49 [EST]
(Supp. No. 17, Update 1)

Page 10 of 25 ends

b. Of the children who attend the child daycare facility, the percentage of children of very low income households, lower income households, or moderate income households shall be equal to or greater than the percentage of affordable housing units that are proposed to be affordable to very low income households, lower income households, or moderate income households. c. Notwithstanding any requirement of this subsection, the city shall not be required to provide a density bonus or concession for a child daycare facility if it finds, based upon substantial evidence, that the community already has adequate child daycare facilities.

3. The application and review process for the provision of child daycare facilities and related density bonus or concessions or incentives is set forth in subsection L of this section.

Criteria. For a density bonus to be granted pursuant to Subsection 19.72.080.B for including a minimum affordable housing component with a child care facility in a housing development, all of the following must be satisfied:

1. Compliance with Section 19.72.040 (Government Code Section 65915(h)(1)).

2. The housing development must include a child care facility that will be located on the premises of, as part of, or adjacent to, the housing development (Government Code Section 65915(h)(1)).

3. Approval of the housing development must be conditioned to ensure that both of the following occur:
a. The child care facility must remain in operation for a period of time that is as long as or longer than the period of time during which the affordable units are required to remain affordable pursuant to Section 19.72.180 (Government Code Section 65915(h)(2)(A)). b. Of the children who attend the child care facility, the children of very low-income households, low-income households, or moderate-income households must equal a percentage that is equal to or greater than the percentage of dwelling units that are required under the respective minimum affordable housing component income category for which the density bonus is sought (Government Code Section 65915(h)(2)(B)).

4. The City has not made a finding based upon substantial evidence that the community has adequate child care facilities (Government Code Section 65915(h)(3)).

B. Density Bonus Allowance. If the requirements of Subsection 19.72.080.A are met, then an applicant for a housing development with a affordable housing component and child care facility is entitled to:

1. A density bonus pursuant to Section 19.72.070 (Density Bonus Allowance for Housing Development with Affordable Housing Component); and

2. An additional density bonus that is an amount of square feet of residential space that is equal to or greater than the amount of square feet in the child care facility (Government Code Section 65915(h)(1)(A)).

19.72.090 Density Bonus for Condominium Conversions
developer converting condominiums of a housing development of five (5) units or more who seeks a density bonus, shall make such application in conjunction with its tract map application pursuant to the Subdivision Map Act, and consistent with Government Code Section 65915.5. Any appeal of any concession or incentive or review by the planning commission or city council shall automatically require an appeal of the underlying map to that body. An applicant shall be ineligible for a density bonus or other incentives under this section if the apartments proposed for conversion constitute a housing development for which a density bonus or other incentives were provided under Government Code Section 65915.

Page 148 of 300 ends

Created: 2022-06-01 16:56:49 [EST]
(Supp. No. 17, Update 1)

Page 11 of 25 ends

19.72.090 Density Bonus for Senior Citizen Housing Development An applicant for a senior citizen housing development or a mobile home park that limits residency based on age requirements for housing for older persons pursuant to Civil Code Sections 798.76 or 799.5 is entitled to a density bonus of 20 percent of the number of senior citizen housing development units and up to a maximum of 50 percent (Government Code Section 65915(b)(1)(C)&(f)(3)).

19.72.100 Density Bonus for Land Donations
A. When a developer of a housing development donates land to the city as provided for in this subsection, the applicant shall be entitled to a fifteen percent (15%) increase above the otherwise maximum allowable residential density under the applicable zoning ordinance and land use element of the general plan for the entire housing development, as follows:

Percentage Very Low Income Units Percentage Density Bonus 10 15
11 16
12 17
13 18
14 19
15 20
16 21
17 22
18 23
19 24
20 25
21 26
22 27
23 28
24 29
25 30
26 31
27 32
28 33
29 34

Page 149 of 300 ends

Created: 2022-06-01 16:56:49 [EST]
(Supp. No. 17, Update 1)

Page 12 of 25 ends

30 35
This increase shall be in addition to any increase in density mandated by subsection C, up to a maximum combined mandated density increase of thirty-five percent (35%), if an applicant seeks both the increase required pursuant to this subsection and subsection C. All density calculations resulting in fractional units shall be rounded up to the next whole number. Nothing in this subsection shall be construed to enlarge or diminish the city's authority to require an applicant to donate land as a condition of development.

1. An applicant shall be eligible for the increased density bonus described in this section if the city is able to make all the following findings:
a. The applicant donates and transfers the land no later than the date of approval of the final subdivision map, parcel map, or residential development application. b. The developable acreage and zoning classification of the land being transferred are sufficient to permit construction of units affordable to very low income households in an amount not less than ten percent (10%) of the number of residential units of the proposed development. c. The transferred land is at least one (1) acre in size or of sufficient size to permit development of at least forty (40) units, has the appropriate general plan designation, is appropriately zoned for development as affordable housing, and is or will be served by adequate public facilities and infrastructure. The land shall have appropriate zoning and development standards to make the development of the affordable units feasible. No later than the date of approval of the final subdivision map, parcel map, or development application for the housing development, the transferred land shall have all of the permits and approvals, other than building permits, necessary for the development of very low income housing units on the transferred land, except that the city may subject the proposed development to subsequent design review to the extent authorized by subdivision (i) of Government Code Section 65583.2 if the design is not reviewed by the local government prior to the time of transfer.
d. The transferred land and the very low income units constructed on the land will be subject to a deed restriction ensuring continued affordability of the units consistent with this section, which restriction will be recorded on the property at the time of dedication. e. The land is transferred to the city or to a housing developer approved by the city. The city may require the applicant to identify and transfer the land to such city-approved developer. f. The transferred land shall be within the boundary of the proposed development or, if the city agrees in writing, within one-quarter (¼) mile of the boundary of the proposed development. g. A proposed source of funding for the very low income units shall be identified not later than the date of approval of the final subdivision map, parcel map, or residential development application.

Criteria. For a density bonus for a qualified land donation to be granted pursuant to Subsection 19.72.100.B, all the requirements of this Section must be met.

1. The applicant must be applying for a tentative subdivision map, parcel map, or other residential development approval (Government Code Section 65915(g)(1)).

2. The application must include at least a 10 percent minimum affordable housing component for very low-income households (Government Code Section 65915(g)(1)).

Page 150 of 300 ends

Created: 2022-06-01 16:56:49 [EST]
(Supp. No. 17, Update 1)

Page 13 of 25 ends

3. The applicant must agree to donate and transfer qualified land which is land that meets both the following criteria:
a. The developable acreage and zoning classification of the land being transferred must be sufficient to permit construction of units affordable to very low-income households in an amount not less than 10 percent of the number of residential units of the proposed development pursuant to Section 8116-2.5.1(a) (Government Code Section 65915(g)(2)(B)). b. The transferred land must be at least 1 acre in size or of sufficient size to permit development of at least 40 units, have the appropriate General Plan land use designation, be appropriately zoned with appropriate development standards for development at the density described in Government Code Section 65583.2(c)(3), and is or will be served by adequate public facilities and infrastructure (Government Code Section 65915(g)(2)(C)).

4. The qualified land must be transferred to the City or to a housing developer approved by the City. The City may require the applicant to identify and transfer the land to an approved housing developer (Government Code Section 65915(g)(2)(F)).

5. The qualified land must have all of the permits and approvals, other than Building Permits, necessary for the development of the very low-income housing affordable units on the qualified land, not later than the date of approval of the final subdivision map, parcel map, or residential development application filed. However, the City may subject the proposed development to subsequent design review to the extent authorized by Government Code Section 65583.2(i) if the design is not reviewed by the City prior to the time of transfer (Government Code Section 65915(g)(2)(D)).

6. The qualified land must be donated and transferred no later than the date of approval of the final subdivision map, parcel map, or residential development application (Government Code Section 65915(g)(2)(A)).

7. The qualified land and the affordable units must be subject to a deed restriction ensuring continued affordability of the units consistent with Section 19.72.180 (Density Bonus for Housing Development with Affordable Housing Component and Child Care Facility), which must be recorded against the qualified land at the time of the transfer (Government Code Section 65915(g)(2)(E)).

8. The qualified land must be within the boundary of the proposed development or, if the City agrees, within .25 mile of the boundary of the proposed development (Government Code Section 65915(g)(2)(G)).

9. A proposed source of funding for the very low-income household units must be identified not later than the date of approval of the final subdivision map, parcel map, or residential development application (Government Code Section 65915(g)(2)(H)).

B. Density Bonus Allowance for Qualified Land Donation for Very Low Income Housing. If the requirements of Subsection 19.72.100.A are satisfied, the applicant shall be entitled to at least a 15 percent increase above the otherwise maximum allowable residential density for the entire development, as follows (Government Code Section 65915(g)(1)):

Table 19.72.100-1
Density Bonus Allowances for Qualified Land Donation Projects Household Income
Category
Minimum Percent
of Very Low Income
Units
Density Bonus Additional Density
Bonus for Each 1%
Increase in Very
Low Income Units
Maximum Possible
Density Bonus
Very Low
Income Housing
10% of entire
development
15% 1% 50% (max.
combined)

Page 151 of 300 ends

Created: 2022-06-01 16:56:49 [EST]
(Supp. No. 17, Update 1)

Page 14 of 25 ends

CB. All density calculations resulting in fractional units shall be rounded up to the next whole number (Government Code Section 65915(g)(2)).

19.72.110 Affordable Housing Incentives
A. Government Code Subsections 65915(d), (j), (k) and (l) govern the following provisions regarding affordable housing incentives.

B. Qualifications for Incentives. Subject to Section 19.72.130 (Criteria for Denial of Application for Incentives), all of the following applicable requirements must be satisfied to be granted an incentive(s) pursuant to Subsection 19.72.110.B and Section 19.72.120 (Number of Incentives Granted):

1. The applicant for an incentive must also be an applicant for a density bonus and qualify for a density bonus pursuant to Section 19.72.040 (Government Code Section 65915(d)(1)).

2. A specific written proposal for an incentive(s) must be submitted with the application for density bonus (Government Code Section 65915(b)(1) and (d)(1)).

3. If an incentive(s) pursuant to Sections 19.72.110 and 19.72.120 is sought, the applicant must establish that each requested incentive would result in identifiable, financially sufficient, and actual cost reductions for the qualified housing development (Government Code Section 65915(k)(1) & (3)).

4. If an incentive(s) pursuant to Subsection 19.72.110.B(2) is sought, the applicant must establish that requirements of that section are met (Government Code Section 65915(k)(2)).

5. If an additional incentive for a child care facility is sought pursuant to Subsection 19.72.120.B, the applicant must establish that requirements of that section are met (Government Code Section 65915(h)(1)(B)).

6. The granting of an incentive shall not be interpreted, in and of itself, to require a General Plan Amendment, Zoning Change, or other discretionary approval (Government Code Section 65915(j)). An incentive is applicable only to the project for which it is granted. An applicant for an incentive may request a meeting with the Community Development Director (Director) and, if requested, the Director will meet with the applicant to discuss the proposal (Government Code Section 65915(d)(1)).

C. Types of Incentives. For the purposes of this Chapter, incentive or consession means any of the following:

1. A reduction in site development standards or a modification of Development Code requirements or design guidelines that exceed the minimum building standards approved by the California Building Standards Commission as provided in Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code, including, but not limited to, a reduction in setback and square footage requirements and in the ratio of vehicular parking spaces that would otherwise be required that results in identifiable, financially sufficient, and actual cost reductions (Government Code Section 65915(k)(1)).

2. Approval of mixed-use zoning in conjunction with the qualified housing development if commercial, office, industrial or other land uses will reduce the cost of the qualified housing development and if the commercial, office, industrial or other land uses are compatible with the qualified housing development and the existing or planned development in the area where the proposed qualified housing development will be located (Government Code Section 65915(k)(2)).

3. Other regulatory incentives proposed by the affordable housing developer or the City that result in identifiable, financially sufficient, and actual cost reductions (Government Code Section 65915(k)(3)).

Page 152 of 300 ends

Created: 2022-06-01 16:56:49 [EST]
(Supp. No. 17, Update 1)

Page 15 of 25 ends

4. For purposes of this section, the parking ratios set forth in Government Code Section 65915 for qualified affordable housing projects shall be deemed a concession or incentive available to the applicant.

45. Nothing in this section limits or requires the provision of direct financial incentives by the City for the qualified housing development, including the provision of publicly owned land, or the waiver of fees or dedication requirements (Government Code Section 65915(l)).

19.72.120 Number of Incentives Granted
A. Subject to Section 19.72.130 (Criteria for Denial of Application for Incentives), the applicant who meets the requirements of Subsection 19.72.110.A shall receive the following number of incentives described below and as shown in Table 19.72.120-1.

1. One incentive for qualified housing development projects that include at least 5 percent for very lowincome households, at least 10 percent of the total units for low-income households, or at least 10 percent for persons and families of moderate-income households in a development in which the units are for rental or salecommon interest development (Government Code Section 65915(d)(2)(A)).

2. Two incentives for housing developments that include: At least seventeen percent (17%) of the total units affordable to lower income households; or at least ten percent (10%) of the total units affordable to very low income households; or at least twenty percent (20%) of the total units affordable to persons and families of moderate income in a development in which the units are for rental or sale.qualified housing development projects that include at least 10 percent for very low-income households, at least 20 percent of the total units for low-income households, or at least 20 percent for persons and families of moderate-income households in a common interest development (Government Code Section 65915(d)(2)(B)).

3. Three incentives for housing developments that include: At least twenty-four percent (24%) of the total units for lower income households; or at least fifteen percent (15%) for very low income households; or at least thirty percent (30%) for persons and families of moderate income in a development in which the units are for rental or sale.

4. Four (4) incentives of concessions if the project includes 100% affordable housing units, excluding the manager’s unit. If the project is within one-half mile of a major transit stop, the applicant shall also receive a height increase of up to three additional stories, or 33 feet.

5. One incentive or concession for projects that include at least twenty (20) percent of the total units for lower income students in a student housing development. qualified housing development projects that include at least 15 percent for very low-income households, at least 30 percent of the total units for low-income households, or at least 30 percent for persons and families of moderate-income households in a common interest development (Government Code Section 65915(d)(2)(C)).

B. A qualified housing development proposal that includes a child care facility shall be granted an additional incentive that contributes significantly to the economic feasibility of the construction of the child care facility (Government Code Section 65915(h)(1)(B)).

Table 19.72.120-1
Incentive Allowances for Qualified Housing Developments Income Category Minimum % of Affordable Units
Very Low Income 5% 10% 15%

Page 153 of 300 ends

Created: 2022-06-01 16:56:49 [EST]
(Supp. No. 17, Update 1)

Page 16 of 25 ends

Low Income 10% 20% 30%
Common Interest Development (Moderate Income) 10% 20% 30% Incentives Allowed 1 2 3

19.72.130 Criteria for Denial of Application for Incentives A. Except as otherwise provided in this Chapter or by state law, if the requirements of Subsection 19.72.110.A are met, the City shall grant the incentive(s) that are authorized by Subsection 19.72.110.B and Section

19.72.120 unless a written finding, based upon substantial evidence, is made with respect to any of the following, in which case the City may refuse to grant the incentive(s):

1. The incentive is not required in order to provide affordable housing costs or affordable rents for the affordable units subject to the qualified housing development application (Government Code Section 65915(d)(1)(A)).

2. The incentive would have a specific, adverse impact, as defined in Government Code Section 65589.5(d)(2), upon the public health and safety or the physical environment or on any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact without rendering the development unaffordable to low- and moderate-income households (Government Code Section 65915(d)(1)(B); Government Code Section 65915 (d)(3)).

3. The incentive would be contrary to state or federal law (Government Code Section 65915(d)(1)(C)).

4. The community has adequate child care facilities, in which case the additional incentive for a child care facility pursuant to Subsection 19.72.120.B may be denied (Government Code Section 65915(h)(3)).

19.72.140 Waiver or Modification of Development Standards A. Requirements for Waiver or Modification of Development Standards.

1. Application. To qualify for a waiver or reduction of one or more development standards, the applicant must submit a written application (together with an application for a qualified housing development) that states the specific development standard(s) sought to be modified or waived and the basis of the request (Government Code Section 65915(e)(1)). An applicant for a waiver or modification of development standard(s) pursuant to this Section may request a meeting with the Director to review the proposal. If requested, the Director shall meet with the applicant (Government Code Section 65915(e)(1)). An application for the waiver or reduction of development standard(s) pursuant to this Section shall neither reduce nor increase the number of incentives to which the applicant is entitled pursuant to Section 19.72.110 (Government Code Section 65915(e)(2)).

2. Findings. All of the following findings must be made for each waiver or reduction requested:
a. The development standard for which a waiver or reduction is requested will have the effect of physically precluding the construction of the proposed qualified housing development at the densities or with the incentives permitted under this Chapter (Government Code Section 65915(e)(1)).
b. The requested waiver or reduction of a development standard will not have a specific, adverse impact, as defined in Government Code Section 65589.5(d)(2), upon the health, safety and/or physical environment or, if such a specific, adverse impact exists, there is a feasible method to

Page 154 of 300 ends

Created: 2022-06-01 16:56:49 [EST]
(Supp. No. 17, Update 1)

Page 17 of 25 ends

satisfactorily mitigate or avoid the specific, adverse impact (Government Code Section 65915(e)(1)).
c. The requested waiver or reduction of a development standard will not have an adverse impact on any real property that is listed in the California Register of Historical Resources (Government Code Section 65915(e)(1)).
d. The requested waiver or reduction of a development standard is not contrary to state or federal law (Government Code Section 65915(e)(1)).

3. Granting Application for Waiver or Modification of Development Standards. If the requirements of Subsection 19.72.140.A are satisfied, the application for waiver or modification of development standard(s) shall be granted, and the City shall not apply a development standard that will have the effect of physically precluding the construction of a qualified housing development at the densities or with the incentives permitted by this Chapter (Government Code Section 65915(e)(1)).

19.72.150 Parking Standard Modifications for Qualified Housing Developments A. Requirements for Parking Standard Modifications. Parking standard modifications pursuant to Subsection

19.72.150.B are available only for qualified housing developments. An application for parking standard modifications stating the specific modification requested pursuant to Subsection 19.72.150.B must be submitted with the qualified housing development application (Government Code Section 65915(p)(3)).

B. Parking Standard Modifications. If the requirements of Subsection 19.72.150.A are met, the vehicular parking ratio, inclusive of handicapped and guest parking, shall not exceed the following ratios (Government Code Section 65915(p)(1)), except where noted under Subsection 19.72.150.C (Exceptions):

1. Zero to one bedroom: one on-site parking space.

2. Two to three bedrooms: two one and one-half (1 ½) on-site parking spaces.

3. Four and more bedrooms: two and one-half on-site parking spaces.

If the total number of spaces required results in a fractional number, it shall be rounded up to the next whole number.

C. Exceptions. Upon request of the applicant, the following maximum parking standards shall apply, inclusive of handicap and guest parking, to the entire housing development subject to this Chapter, as required by Government Code Section 65915(p)(2):

1. A maximum of 0.5 parking spaces per bedroom shall apply when all the following conditions apply:
a. The development includes at least 20 percent low-income units or at least 11 percent very low income unitsthe maximum percentage of low- or very low-income units provided for Section

19.72.070 (Density Bonus Allowance for Housing Development with Affordable Housing Component).
b. The development is located within .5 mile of a major transit stop, as defined in subdivision (b) of Section 21155 of the Public Resources Code.
c. There is unobstructed access to the major transit stop from the development. A development shall have unobstructed access to a major transit stop if a resident is able to access the major transit stop without encountering natural or constructed impediments.

2. A maximum of 0.5 parking spaces per unit shall apply when all the following conditions apply:

Page 155 of 300 ends

Created: 2022-06-01 16:56:49 [EST]
(Supp. No. 17, Update 1)

Page 18 of 25 ends

a. The development consists solely of rental units, exclusive of a manager's unit or units, with an affordable housing cost to lower-income families, as provided in Section 50052.5 of the Health and Safety Code.
b. The development is located within .5 mile of a major transit stop, as defined in subdivision (b) of Section 21155 of the Public Resources Code.
c. There is unobstructed access to the major transit stop from the development. A development shall have unobstructed access to a major transit stop if a resident is able to access the major transit stop without encountering natural or constructed impediments.

3. A maximum of 0.5 parking spaces per unit shall apply when all the following conditions apply:
a. The development includes at least 40 percent moderate income units, exclusive of a manager's unit or units.
b. The development is located within .5 mile of a major transit stop, as defined in subdivision (b) of Section 21155 of the Public Resources Code.
c. There is unobstructed access to the major transit stop from the development. A development shall have unobstructed access to a major transit stop if a resident is able to access the major transit stop without encountering natural or constructed impediments.

4. If a development consists solely of rental units, exclusive of a manager’s unit or units, with an affordable housing cost to lower income families, then, upon the request of the developer, the city shall not impose vehicular parking standards if the development meets either of the following criteria:
a. The development is located within one-half mile of a major transit stop and there is unobstructed access to the major transit stop from the development. b. The development is a for-rent housing development for individuals who are 62 years of age or older that complies with Sections 51.2 and 51.3 of the Civil Code and the development has either paratransit service or unobstructed access, within one-half mile, to fixed bus route service that operates at least eight times per day.

5. If a development consists solely of rental units, exclusive of a manager’s unit or units, with an affordable housing cost to lower income families, and the development is either a special needs housing development, as defined in Section 51312 of the Health and Safety Code, or a supportive housing development, as defined in Section 50675.14 of the Health and Safety Code, then, upon the request of the developer, the city shall not impose any minimum vehicular parking requirement. A development that is a special needs housing development shall have either paratransit service or unobstructed access, within one-half mile, to fixed bus route service that operates at least eight times per day.

A maximum of 0.5 parking spaces per unit shall apply when all the following conditions apply:
a. The development consists solely of rental units, exclusive of a manager's unit or units, with an affordable housing cost to lower-income families, as provided in Section 50052.5 of the Health and Safety Code.
b. The development is for individuals who are 62 years of age or older and which complies with Sections 51.2 and 51.3 of the Civil Code.
c. The development shall have either paratransit service or unobstructed access, within .5 mile, to fixed bus route service that operates at least eight times per day.

4. A maximum of 0.3 parking spaces per unit shall apply when all the following conditions apply:

Page 156 of 300 ends

Created: 2022-06-01 16:56:49 [EST]
(Supp. No. 17, Update 1)

Page 19 of 25 ends

a. The development consists solely of rental units, exclusive of a manager's unit or units, with an affordable housing cost to lower-income families, as provided in Section 50052.5 of the Health and Safety Code.
b. The development is a special needs housing development, as defined in Section 51312 of the Health and Safety Code.
c. The development shall have either paratransit service or unobstructed access, within .5 mile, to fixed bus route service that operates at least eight times per day.

D. If the total number of parking spaces required for the qualified housing development is other than a whole number, the number shall be rounded up to the next whole number. For purposes of this section, "on-site parking" may be provided through tandem parking or uncovered parking, but not through on-street parking (Government Code Section 65915(p)(2)).

E. Except as otherwise provided in this section, all other provisions of Chapter 19.82 (Off-Street Parking and Loading) applicable to residential development apply.

F. An applicant may request additional parking incentives beyond those provided in this Section if applied for pursuant to Section 19.72.110 (Government Code Section 65915(p)(3)).

G. Notwithstanding allowances in Subsection 19.72.150.C above, if the City or an independent consultant has conducted an area-wide or jurisdiction-wide parking study in the last seven years, then the City may impose a higher vehicular parking ratio not to exceed the ratio described in Subsection 19.72.150.B above, based on substantial evidence found in the parking study that includes, but is not limited to, an analysis of parking availability, differing levels of transit access, walkability access to transit services, the potential for shared parking, the effect of parking requirements on the cost of market-rate and subsidized developments, and the lower rates of car ownership for low- and very low-income individuals, including seniors and special needs individuals. The City shall pay the costs of any new study. The City shall make findings, based on a parking study completed in conformity with this paragraph, supporting the need for the higher parking ratio.

19.72.160 Density Bonus and Affordable Housing Incentive Program A. Project Design and Phasing. Projects seeking an affordable housing benefit pursuant to this Chapter must comply with the following requirements, unless otherwise specified in writing by the Director:

1. Location/Dispersal of Units. Affordable units shall be reasonably dispersed throughout the development where feasible and shall contain on average the same (or greater) number of bedrooms as the market-rate units.

2. Phasing. If a project is to be developed in phases, each phase must contain the same or substantially similar proportion of affordable units and market-rate units.

3. Exterior Appearance. The exterior appearance and quality of the affordable units must be similar to the market-rate units. The exterior materials and improvements of the affordable units must be similar to, and architecturally compatible with, the market-rate units.

B. Application Requirements. An application for one or more affordable housing benefits must be submitted as follows:

1. Each affordable housing benefit requested must be specifically stated in writing on the application form provided by the City.

2. The application must include the information and documents necessary to establish that the requirements of this Chapter are satisfied for each affordable housing benefit requested, including:
a. For density bonus requests, that the requirements of Section 19.72.040 are met;

Page 157 of 300 ends

Created: 2022-06-01 16:56:49 [EST]
(Supp. No. 17, Update 1)

Page 20 of 25 ends

b. For incentive requests, that the requirements of Section 19.72.110 are met; c. For development standard waiver or modification requests, that the requirements of Section

19.72.140 are met; and/or
d. For parking standard modification requests, that the requirements of Section 19.72.150 are met.

3. The application must be submitted concurrently with a complete application for a qualified housing development.

4. The application must include a site plan that complies with and includes the following:
a. For senior citizen housing development projects, the number and location of proposed total units and density bonus units.
b. For all qualified housing development projects other than senior citizen housing development projects, the number and location of proposed total units, affordable units, and density bonus units. The density bonus units shall be permitted in geographic areas of the qualified housing development other than the areas where the affordable units are located (Government Code Section 65915(i)).
c. The location, design, and phasing criteria required by Subsection 19.72.160.A, including any proposed development standard(s) modifications or waivers pursuant to Section 19.72.140.

5. The application for a qualified housing development must state the level of affordability of the affordable units and include a proposal for compliance with Section 19.72.180 for ensuring affordability.

6. If a density bonus is requested for a qualified land donation pursuant to Section 19.72.100, the application must show the location of the qualified land in addition to including sufficient information to establish that each requirement in Section 19.72.100 has been met.

7. If an additional density bonus or incentive is requested for a child care facility pursuant to Section

19.72.080 and/or Subsection 19.72.120.B, the application shall show the location and square footage of the child care facility in addition to including sufficient information to establish that each requirement in Section 19.72.080 and/or Subsection 19.72.120.B has been met.

C. An application for an affordable housing benefit under this Chapter will not be processed until all of the provisions of this Section are complied with as determined by the Director and shall be processed concurrently with the application for the qualified housing development project for which the affordable housing benefit is sought. Prior to the submittal of an application for a qualified housing development, an applicant may submit to the Director a preliminary proposal for affordable housing benefits. The Director shall, within 90 days of receipt of a written proposal, notify the applicant of the Director's preliminary response and schedule a meeting with the applicant to discuss the proposal and the Director's preliminary response.

19.72.170 Determination on Density Bonus and Affordable Housing Incentive Program Requirements
A. The decision-making body for the underlying qualified housing development application is authorized to approve or deny an application for an affordable housing benefit in accordance with this Chapter.

1. Affordable Housing Benefit Determinations. An application for an affordable housing benefit shall be granted if the requirements of this Chapter are satisfied unless:
a. The application is for an incentive for which a finding is made in accordance with Section

19.72.130; or

Page 158 of 300 ends

Created: 2022-06-01 16:56:49 [EST]
(Supp. No. 17, Update 1)

Page 21 of 25 ends

b. The underlying application for the qualified housing development is not approved independent of and without consideration of the application for the affordable housing benefit.

2. Affordable Housing Benefit Compliance Provisions. To ensure compliance with this Chapter and state law, approval of an application for an affordable housing benefit may be subject to, without limitation:
a. The imposition of conditions of approval to the qualified housing development, including imposition of fees necessary to monitor and enforce the provisions of this Chapter; b. An affordable housing agreement and, if applicable, an equity sharing agreement pursuant to Section 19.72.180; and
c. Recorded deed restriction implementing conditions of approval and/or contractual or legally mandated provisions.

3. A decision regarding an affordable housing benefit application is subject to the appeal provisions of Section 19.28.120 (Appeals).

19.72.180 Affordable Housing Agreement and Equity Sharing Agreement A. General Requirements. No density bonus pursuant to Section 19.72.040 (Eligibility for Density Bonuses and Incentives) shall be granted unless and until the affordable housing developer, or its designee approved in writing by the Director, enters into an affordable housing agreement and, if applicable, an equity sharing agreement, with the City or its designee pursuant to and in compliance with this section (Government Code Section 65915(c)). The agreements shall be in the form provided by the City, which shall contain terms and conditions mandated by, or necessary to implement, state law and this Article. The Director may designate a qualified administrator or entity to administer the provisions of this section on behalf of the City. The affordable housing agreement shall be recorded prior to, or concurrently with, final map recordation or, where the qualified housing development does not include a map, prior to issuance of a Building Permit for any structure on the site. The Director is hereby authorized to enter into the agreements authorized by this section on behalf of the City upon approval of the agreements by City Attorney for legal form and sufficiency.

B. Low- or Very Low-Income Minimum Affordable Housing Component or Senior Citizen Housing Development.

1. The affordable housing developer of a qualified housing development based upon the inclusion of lowincome and/or very low-income affordable units must enter into an agreement with the City to maintain the continued affordability of the affordable units for 55 years (for rental units) or 30 years (for for-sale units), or a longer period if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program, as follows (Government Code Section 65915(c)(1)). The agreement shall establish specific compliance standards and specific remedies available to the City if such compliance standards are not met. The agreement shall, among other things, specify the number of lower-income affordable units by number of bedrooms; standards for qualifying household incomes or other qualifying criteria, such as age; standards for maximum rents or sales prices; the person responsible for certifying tenant or owner incomes; procedures by which vacancies will be filled and units sold; required annual report and monitoring fees; restrictions imposed on lower-income affordable units on sale or transfer; and methods of enforcing such restrictions.

2. Rental Units. Rents for the low-income and very low-income affordable units that qualified the housing development for the density bonus pursuant to Section 19.72.040 shall be set and maintained at an affordable rent (Government Code Section 65915(c)(1)). The agreement shall set rents for the lowerincome density bonus units at an affordable rent as defined in California Health and Safety Code Section 50053. The agreement shall require that owner-occupied units be made available at an affordable housing cost as defined in the Health and Safety Code Section 50052.5.

Page 159 of 300 ends

Created: 2022-06-01 16:56:49 [EST]
(Supp. No. 17, Update 1)

Page 22 of 25 ends

3. For-Sale Units. Owner-occupied low-income and very low-income affordable units that qualified the housing development for the density bonus pursuant to Section 19.72.040 shall be available at an affordable housing cost (Government Code Section 65915(c)(1)). The affordable housing developer of a qualified housing development based upon a very low- or low-income minimum affordable component shall enter into an equity sharing agreement with the City or developer. The agreement shall be between the City and the buyer or the developer and the buyer if the developer is the seller of the unit. The City shall enforce the equity sharing unless it is in conflict with the requirements of another public funding source or law (Government Code Section 65915(c)(2)). The equity sharing agreement shall include at a minimum the following provisions:
a. Upon resale, the seller of the unit shall retain the value of any improvements, the down payment, and the seller's proportionate share of appreciation. The City shall recapture any initial subsidy, as defined in subparagraph (b), and its proportionate share of appreciation, as defined in subparagraph (c), which amount shall be used within five years for any of the purposes described in subdivision (e) of Section 33334.2 of the Health and Safety Code that promote homeownership.
b. For purposes of this Section, the City's initial subsidy shall be equal to the fair market value of the home at the time of initial sale minus the initial sale price to the very low-income household, plus the amount of any down payment assistance or mortgage assistance. If upon resale the market value is lower than the initial market value, then the value at the time of the resale shall be used as the initial market value.
c. For purposes of this subdivision, the City's proportionate share of appreciation shall be equal to the ratio of the City's initial subsidy to the fair market value of the home at the time of initial sale.

4. Senior Units. At least 35 senior citizen housing development units are maintained and available for rent or sale to senior citizens as defined in Civil Code Section 51.3.

C. Moderate Income Minimum Affordable Housing Component.

1. The affordable housing developer of a qualified housing development based upon the inclusion of moderate-income affordable units in a common interest development must enter into an agreement with the City ensuring that:
a. The initial occupants of the moderate-income affordable units that are directly related to the receipt of the density bonus are persons and families of a moderate-income household. b. The units are offered at an affordable housing cost (Government Code Section 65915(c)(2)).

2. The affordable housing developer of a qualified housing development based upon a moderate-income minimum affordable component shall enter into an equity sharing agreement with the City or developer (Government Code Section 65915(c)(2)). The agreement shall be between the City and the buyer or the developer and the buyer if the developer is the seller of the unit. The City shall enforce the equity sharing agreement unless it is in conflict with the requirements of another public funding source or law (Government Code Section 65915(c)(2)). The equity sharing agreement shall include at a minimum the following provisions:
a. Upon resale, the seller of the unit shall retain the value of improvements, the down payment, and the seller's proportionate share of appreciation. The City shall recapture any initial subsidy, as defined in subparagraph (b), and its proportionate share of appreciation, as defined in subparagraph (c), which amount shall be used within five years for any of the purposes described in Health and Safety Code Section 33334.2(e) that promote homeownership (Government Code Section 65915(c)(2)(A)).

Page 160 of 300 ends

Created: 2022-06-01 16:56:49 [EST]
(Supp. No. 17, Update 1)

Page 23 of 25 ends

b. The City's initial subsidy shall be equal to the fair market value of the unit at the time of initial sale minus the initial sale price to the moderate-income household, plus the amount of any down payment assistance or mortgage assistance. If upon resale the market value is lower than the initial market value, then the value at the time of the resale shall be used as the initial market value (Government Code Section 65915(c)(2)(B)).
c. The City's proportionate share of appreciation shall be equal to the ratio of the City's initial subsidy to the fair market value of the unit at the time of initial sale (Government Code Section 65915(c)(2)(C)).

D. Minimum Affordable Housing Component and Child Care Facility. If an additional density bonus or incentive is granted because a child care facility is included in the qualified housing development, the affordable housing agreement shall also include the affordable housing developer's obligations pursuant to Subsection

19.72.080.A(3) for maintaining a child care facility, if not otherwise addressed through conditions of approval.

19.72.190 Density Bonus or Incentives for Condominium Conversion Projects A. Requirements for Density Bonus or Incentive for Condominium Conversion Projects.

1. Applicant to convert apartments to a condominium project agrees to provide at least:
a. Thirty-three (33) percent of the total units of the proposed condominium project to persons and families of moderate-income households, or
b. Fifteen (15) percent of the total units of the proposed condominium project to persons and families of low-income households.

2. If applicant agrees to pay for the reasonably necessary administrative costs incurred by the City pursuant to this section, the City shall either:
a. Grant a density bonus, or
b. Provide other incentives of equivalent financial value (Government Code Section 65915.5(a)).

B. Definition of Density Bonus for Condominium Conversion Projects. If the requirements of Subsection

19.72.190.A are met, then the condominium conversion project will be entitled to an increase in units of 25 percent over the number of apartments, to be provided within the existing structure or structures proposed for conversion from apartments to condominiums (Government Code Section 65915.5(b)).

C. Presubmittal Preliminary Proposals for Density Bonus or Incentive for Condominium Conversion Projects.

Prior to the submittal of a formal request for subdivision map approval or other application for necessary discretionary approvals, an applicant to convert apartments to a condominium project may submit to the Director a preliminary proposal for density bonus or other incentives of equivalent financial value. The Director shall, within 90 days of receipt of a written proposal, notify the applicant of the Director's preliminary response and schedule a meeting with the applicant to discuss the proposal and the Director's preliminary response (Government Code Section 65915.5(d)).

D. Application for Density Bonus or Incentives for Condominium Conversion Projects. An applicant must submit a completed application provided by the City for a density bonus or for other incentives of equivalent financial value. The application must be submitted concurrently with the application for the condominium conversion project. The application must include the following:

1. All information and documentation necessary to establish that the requirements of Subsection

19.72.190.A are met.

2. The proposal for a density bonus or the proposal for other incentives of equivalent financial value.

Page 161 of 300 ends

Created: 2022-06-01 16:56:49 [EST]
(Supp. No. 17, Update 1)

Page 24 of 25 ends

3. Site plans demonstrating the location of the units to be converted, the affordable units, the marketrate units, and the density bonus units in the condominium conversion project.

4. Any other information and documentation requested by the City to determine if the requirements of Subsection 19.72.190.A are met.

E. Both the application for a density bonus or other incentives of equivalent financial value and the application for the condominium conversion must be complete before the application for a density bonus or other incentives of equivalent financial value will be considered.

F. Granting Density Bonus or Incentive for Condominium Conversion Projects.

1. Approval
a. If the requirements of Subsection 19.72.190.A are met, the decision-making body for the condominium conversion project application is authorized to grant an application for a density bonus or other incentives of equivalent financial value, subject to Subsection 19.72.190.F(2). b. Reasonable conditions may be placed on the granting of a density bonus or other incentives of equivalent financial value that are found appropriate, including but not limited to entering into an affordable housing agreement pursuant to Section 19.72.180 (Affordable Housing Agreement and Equity Sharing Agreement) which ensures continued affordability of units to subsequent purchasers who are persons and families of moderate-income households or low-income households (Government Code Section 65915.5(a)).

2. Ineligibility. An applicant shall be ineligible for a density bonus or other incentives of equivalent financial value if the apartments proposed for conversion constitute a qualified housing development for which a density bonus as defined in Section 19.72.040 (Eligibility for Density Bonuses and Incentives) or other incentives were provided (Government Code Section 65915.5(f)).

3. Decision on Condominium Conversion Project. Nothing in this section shall be construed to require the City to approve a proposal to convert apartments to condominiums (Government Code Section 65915.5(e)).

19.72.200 Enforcement Provisions
A. Occupancy. Prior to occupancy of an affordable unit, the household's eligibility for occupancy of the affordable unit must be demonstrated to the City. This provision applies throughout the restricted time periods pursuant to Section 19.72.180 (Affordable Housing Agreement and Equity Sharing Agreement) and applies to any change in ownership or tenancy, including subletting, of the affordable unit.

B. Ongoing Compliance. Upon request, the affordable housing developer must show that the affordable units are continually in compliance with this Chapter and the terms of the affordable housing agreement. Upon 30-day notice, the City may perform an audit to determine compliance with this Chapter and the terms of any agreement or restriction.

C. Enforcement. The City has the authority to enforce the provisions of this Chapter, the terms of affordable housing agreements and equity sharing agreements, deed restrictions, covenants, resale restrictions, promissory notes, deed of trust, conditions of approval, permit conditions, and any other requirements placed on the affordable units or the approval of the qualified housing development. In addition to the enforcement powers granted in this Chapter, the City may, at its discretion, take any other enforcement action permitted by law, including those authorized by City ordinances. Such enforcement actions may include, but are not limited to, a civil action for specific performance of the restrictions and agreement(s), damages for breach of contract, restitution, and injunctive relief. The remedies provided for herein shall be

Page 162 of 300 ends

Created: 2022-06-01 16:56:49 [EST]
(Supp. No. 17, Update 1)

Page 25 of 25 ends

cumulative and not exclusive and shall not preclude the City from seeking any other remedy or relief to which it otherwise would be entitled under law or equity.

Page 163 of 300 ends

Created: 2022-06-01 16:56:52 [EST]
(Supp. No. 17, Update 1)

Page 1 of 3 ends

Chapter 19.114 Community Care Facilities

19.114.010 Purpose
The purpose of this Chapter is to implement the applicable state regulations in a manner that allows for the establishment of community care facilities while preserving the character of the land use district in which the uses are located.

19.114.020 Applicability
This Chapter provides application requirements and development criteria for the following types of community care facilities:

A. Child day care center
B. Residential care facility serving seven or more persons C. Congregate care facilities serving seven or more persons

19.114.030 Application Requirements
The following application requirements shall apply to residential care facilities serving seven or more persons, congregate care facilities serving seven or more persons, and child day care centers:

A. Preinspection. Prior to an application to use a single-family dwelling as a residential care facility, congregate care facility, or child day care center, the applicant shall request an inspection of the property by the City's Building and Safety Division to determine the property's compliance with the City's current building and zoning standards. The inspector shall file a written report indicating compliance or, if the property and structures are not in compliance, the nature of any violations. The approving authority, in approving the required permit, shall include conditions as are necessary to ensure that all corrections are completed prior to beginning operation of the requested use.

B. Additional Application Materials Required. Following the required preinspection, the applicant shall submit an application for the required permit which shall include (in addition to the materials typically required), but not be limited to, the following:

1. Floor plans and a site plan, fully dimensioned, indicating the type, use and location of all rooms, buildings, structures, parking and landscape areas.

2. Proof of compliance with standards of the State Fire Marshal as adopted in Title 24 of the California Code of Regulations.

19.114.040 Development Standards
All residential care facilities serving seven or more persons, congregate care facilities serving seven or more persons, and child day care centers shall comply with the development standards for the land use district in which they are located. In addition, the following standards shall apply:

A. An outdoor play area for day care centers, or a recreation or amenity area for residential care facilities or congregate care facilities, not less than 75 square feet per child or person receiving services, but in no case

Page 164 of 300 ends

Created: 2022-06-01 16:56:53 [EST]
(Supp. No. 17, Update 1)

Page 2 of 3 ends

less than 450 square feet in area, shall be provided. The play or amenity area shall be provided in the rear yard area. Stationary play equipment shall not be located in required street side or front setback areas.

B. A 6-foot-high solid fence or wall shall be provided surrounding the play or recreation/amenity area. In the front setback, an open fence not exceeding 4 feet in height shall be provided. Materials, textures, colors, and design of the fence or wall shall be compatible with on-site structures and development of adjacent properties. All fences or walls shall provide for safety with controlled points of entry.

C. On-site landscaping shall comply with the requirements in Chapter 19.96 (Water Efficient Landscape).

D. All on-site parking shall comply with the provisions of Chapter 19.82 (Off-Street Parking and Loading).

Separate entrance and exit points shall be provided to allow vehicles to enter the street in a forward motion.

Adequate off-street parking for residents and employees and passenger loading spaces shall be provided where necessary to avoid on-street passenger drop-off and pickup, and parking.

E. All on-site lighting shall comply with the provisions of Chapter 19.78 (Lighting Standards).

F. All on-site signage shall comply with the provisions of Chapter 19.88 (Signs).

G. Day care centers, residential care facilities, and congregate care facilities shall be state-licensed and shall be operated according to all applicable state and local health and safety regulations.

H. The residential characteristic of the neighborhood in which the use is located shall be maintained. This shall be done by incorporating single-story and human scale/single-family residential architectural elements (doors, windows, offsets or reveals) and hardscape treatments typical of adjacent residential areas.

I. Residential care facilities serving more than six persons shall comply with all of the following locational criteria:

1. The facilities shall have frontage and access from an expressway or an arterial, collector or local street, as designated on the Circulation Plan of the City's General Plana public street.

2. Facilities in residential zones shall be located at transition areas between residential and nonresidential land use districts. Properties located adjacent to nonresidential districts shall be deemed to be in such transition areas for purposes of this section.

J. Proximity.

1. Residential care facilities shall be separated by a distance of not less than 300 feet from one another.

2. Congregate care facilities shall be separated by a distance of not less than 1,000 feet from one another.

K. Child day care centers shall comply with all of the following locational criteria:

1. Facilities located in residential zones shall not be located within 1,000 feet of one another.

2. Facilities located in single-family residential neighborhoods shall have frontage and access from an expressway or an arterial, collector, or local street, as designated on the Circulation Plan of the General Plan.

3. Facilities in single-family residential neighborhoods shall be located at transition areas between the single-family residential zone and nonresidential land use districts. Properties located adjacent to nonresidential districts shall be deemed to be in such transition areas for purposes of this Section, except that small family day care homes may be located in non-transition areas.

19.114.050 Conditions of Approval
The following conditions of approval shall apply to residential care facilities serving seven or more persons, congregate care facilities serving seven or more persons, and child day care centers located in residential districts:

Page 165 of 300 ends

Created: 2022-06-01 16:56:53 [EST]
(Supp. No. 17, Update 1)

Page 3 of 3 ends

A. Outdoor activities may only be conducted between the hours of 8:00 a.m. and 8:00 p.m.

B. Facilities that do not provide 24-hour-a-day care may operate up to 14 hours per day.

C. The applicant shall provide proof of state license to the Planning Division within 60 days of the approval.

Page 166 of 300 ends

Created: 2022-06-01 16:56:52 [EST]
(Supp. No. 17, Update 1)

Page 1 of 2 ends

Chapter 19.116 Emergency Shelters

19.116.010 Purpose.

The purpose of this Chapter is to regulate the development, establishment and operation of emergency shelters in order to provide opportunities for the development of permanent year-round emergency shelter for homeless individuals and others in need of emergency shelter in the Multi-Family Residential (RM) and High Density Residential (R-HD) land use districts, and to establish standards for emergency shelters that will help ensure that the location and operation of such facilities provide for the health, safety and general welfare of all City residents.

19.116.020 Applicability
The requirements contained in this Chapter shall apply to all emergency shelter uses located in the RM and R-HD land use districts.

19.116.030 Definitions
A. Emergency Shelter. Housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less. No individual or households may be denied access to such emergency shelter because of an inability to pay (California Health and Safety Code Section 50801).

19.116.040 Permit Required
The following permit requirements shall be applicable to all emergency shelter uses:

A. All emergency shelters shall be subject to approval of the specified permit as designated in Table 19.12.030-1 (Allowed Land Uses and Permit Requirements) and 19.14.030-1 (Allowed Land Uses and Permit Requirements).

19.116.050 Operating Standards
The following requirements apply to the operation of emergency shelters, as authorized by Government Code Section 65583(a)(4):

A. The maximum number of beds or persons to be served nightly by an emergency shelter shall be 25.

B. Off-street parking shall be based upon demonstrated need, provided that parking for an emergency shelter shall not be more than that required for other commercial or industrial uses permitted in the RM or R-HD land use districtslimited to one space per employee.

C. Appropriately sized and located exterior and interior on-site waiting and intake areas shall be provided.

D. Appropriate exterior lighting shall be provided.

E. On-site management shall be provided.

F. Security shall be provided during the hours that the emergency shelter is in operation.

G. The maximum length of stay by a homeless person in an emergency shelter shall be six months.

H. An emergency shelter shall not be located within 300 feet of another emergency shelter.

Page 167 of 300 ends

Created: 2022-06-01 16:56:54 [EST]
(Supp. No. 17, Update 1)

Page 2 of 2 ends

I. No individual or household shall be denied emergency shelter because of an inability to pay.

Page 168 of 300 ends

u_m:Emm mmon?ma 3 Em 0.2 09.50..
mmmmo m...mmn.amncwmm Em umzogo
ma moEmac_m“mam
mmoo.m8a_»mm8:m_ IocmEmzmmam
mcn3<maEm <m<_m8:m 8 Em Iocmim
% zozomaon ...:_<om.88.

E Em
2 9 4<<m:€:Em_um_3m“mag
Ooam mmozosmmmmmmnmmn;Em
m zozom?mn:__.mqc<_m<<*2 E8
o?Em 9.2
2 4<<m2<:Em_um_3m
m Um<m_ou3m3Ooam>3m:a3m2
u:_o__oImmzsm8w Em Om:m_.m_ Em:
_.:_m_ m:<_8:3m:8_ .3808 Em" 3m<
n858 Em...

E moooamsom<<_E Em
zmmm.._<mUmn_mB:o: mqou?ma<sE
NS» maqammmmqEm m:<_8:3m:8_
m >3m:Q3m2m mamoo:m_m82 <<_E
_ucc__oImm::o_ Em v_m::Em
c_u__o_mag mm? qcm oosmamaaoz
.moo33m:am:o: 8 Em 0.2 0950:

O_._.< O." ._.<<mZ._.<Z_Zm _u>_._<_m
_u_.>zz_zm oo_<__s_mm_oz
_»mmo_.c:oz Z0. 8.3
> _»mmo_.c:oz 01 ._._._m_u_.>zz_zo ooz__s_mm_oz on ._._._mO_._.< om ._.<<mz._.<Z_Zm _u>:sm. o>_.=uomz_>. mmoo_s_smz_u_zo ._.O ._._._mO_._.<OOCZOF >_u_._»o<>_. O." > Um<mrO_u_<_mZ._. ooom >_smzo2_mz4 ._.O
=<__u_.m_<_mZ._. :._m _._ocm_zn.. m_-m_<_m2._. c_uD>._.m >oo3mu w< ._._._m OOCZOF .2 BB. >_smzo_zo o_._>3m_~ 3.4» _umzm:< wozcm. o.._>3mm .3... gh oo_s_scz:< o>mm_u>oF_:mm >20 o_._>3mm 8.3» m_smmmmzo<

Page 169 of 300 ends

m30oQm m_.moo:m.m.m:.. <<.EEm
m3
2 Em 0m:m$_ _u_m:. mag

3.mm.o: .3 .8 qm<.m<<oq Em
_u.:a.:mw___ mag _.moo33m:am Em.
.E Em .383 Q. Em comamam
.3n_m3m3m Em uo_.o.mmmag
a.
m
osmgmoo::o_m mag m?msamam8
.mmmc_.mmEm. Em 0.2 aommso.
vmommu_m::.:obmzoo.82 Em
mo:m_o_mu8um:< am<m_ou3m2
mmmmag mnmo.mm_ Emma: mmEm
o_mm:<%3_o _m:a cmmmmag

9. Em om:m_.m_ :mm_E. mm..m2
._._.=mo:< O_u ._.<<mz._.<Z_Zm
a>xm ._._._mmo_.ro<<_zo
. 9. Em Um<m_on3m2Ooam.
:m<mEm vo83.m_ 8 :m<mms
Em 0m_.83.m m:<.8:3m:.m_
$..o: mn_ou8n.81Em Iocmim
mmmoo.m.m.... <<.En:m:omm8 Em
m3m3.
am3m:q3m:. .moo:m.m.m:. <<.E
mm_<<.__mcuuo: .3u_m3m:8..o:
_u._.a.:nm._ ~mo.c.qmq 82 muu3<m_
um_3mm3m:n. Em Um<m_oU3m2
._.<<m:2:.:m_um_3mm:m__om_...2
m:mo..<m .3

Page 170 of 300 ends

mango:

N mm<mB_o__=<. _.. m:<u8<_m_o: 3 36 _.».mmo_S_o: 2 :6 mv_o_.om=o: Emamo?8 m:<_um_.mo: 2 o_8c3m8:om .m35 _:<m_a_mco:3<m__o_:<m:m__so, mmmo"2:9 u8<_m_o:monmuu__om:o:mman..8 36 mag.Em u8<_m_o_..m2 36 _»mwo_S_o: ma qmo_m_.mn_ 8 ammm<m_.mc_m. >nnmo<mo >20 >UO_u._._m_u ._.I_m $3 D>< O_u ._C_u<_BB.
><mmHoo_<__<__mm_oz_<_m_<_mmmmH 0:8. Om_.o_w._umm:m:m. <<m=8_._Xacmsm? zomm” oo_<__<__mm_oz_<_m_<_wmmmH zosm
>wmmz#oo_<__<__mm_oz _<_m_<_wmmmH zosm>wma>_z” oo_<__<__mm_oz_<_m_<_mmmmH .:3 xaw:a_
O m:
92 em;
32 46 Saooio _mm.35 83. 9. _u_m::_:oo33_mm_o: mmmo_S_o: zo. 8-3 3 3m _u_m::.:mOo33_mw_o: 3 Em 0.2
2 ._.<<m3<:_:mnm_3m .3
m3$=8 _..m_Qoz
.E_<.BB. 3 4.<<m3<:_:m_um_3m_Om_:o3_m.
o>< om.._C_.<.B8.
gbnugrv
O33 <___mm m.03. O_m_.x
V»:
717-
v

Page 171 of 300 ends

Page 172 of 300 ends

STAFF REPORT
TO: City Council
FROM: Assistant Planner
FOR MEETING: Sep 26 2023
SUBJECT: DCA - Off Street Parking and Loading - Second Reading.

RECOMMENDATION:

The City Council find the project exempt from CEQA and adopt the Ordinance amending Chapter 19.82 Off Street Parking and Loading.

ORDER OF PROCEDURE:

Request Staff Report (Community Development
Director Presenting)
Council Questions of Staff
Receive Public Comment
Council Discussion
Motion/Second
Discussion on Motion
Call the Question
ATTACHMENTS:
• City Council Ordinance - Off
Street Parking and Loading
• Chapter 19.82 Off Street
Parking and Loading draft
• Planning Commission
Resolution - Off Street Parking
and Loading
BACKGROUND:

At the meeting of August 22, 2023, the City Council held a Public Hearing on revisions to Chapter 19.82, Off Street Parking and Loading.

At the meeting of February 21, 2023, the Planning Commission held a study session and at the meeting of June 20, 2023, the Planning Commission held a Public Hearing on revisions to Chapter 19.82, OffStreet Parking and Loading of the Development Code.

The Citys General Plan requires that single family residential development construct a two-car garage.

Chapter 19.82 of the Development Code requires "2 spaces/dwelling".

Staff posed the following questions to the Commission:
1) Does the definition of a garage need to be revisited? Staff has revised the definitions as follows:

Page 173 of 300 ends

Carport - A permanent roofed structure, enclosed on not more than two (2) sides, used or intended to be used for vehicle storage for the occupants of the residence.

Garage, private - A building, fully enclosed, and used primarily for the parking of automobiles belonging to the occupants of the property.

Garage, public - A building other than a private garage, used for the maintenance or temporary storage of motor vehicles.
2) Do all new residential units need to have a garage, or can parking spaces be uncovered? Commission consensus was that parking for single-family residences need not be covered. Multifamily shall have covered and uncovered parking. 3) Do structures converted to residential use need to construct a garage? Commission consensus was that covered parking does not need to be replaced upon conversion of an existing garage.
4) Do multi-family residential parking spaces need to be contiguous? Or can the uncovered space be in a driveway?
Commission consensus was that uncovered parking spaces for multi-family can be accommodated on the driveway.

Staff has also revised Table 19.82.050-1Off-Street Parking Requirements, adding additional land uses and defining the required number of spaces, to be consistent with the commercial and industrial land use tables.

ENVIRONMENTAL:

ALTERNATIVES:

The City Council could choose to:

1. Approve the Development Code Amendment with modifications.

2. Deny the Development Code Amendment
FISCAL IMPACT:

None.

Page 174 of 300 ends

CITY OF TWENTYNINE

PALMS CITY COUNCIL
ORDINANCE NO. 310

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TWENTYNINE

PALMS, CALIFORNIA, ADOPTING A DEVELOPMENT CODE
AMENDMENT AMENDING CHAPTER 19.82 OFF STREET PARKING AND

LOADING OF THE CITY OF TWENTYNINE PALMS DEVELOPMENT
CODE.

WHEREAS, the City of Twentynine Palms General Plan was adopted by the City Council on April 24, 2012; and
WHEREAS, the City of Twentynine Palms Development Code was adopted by the City Council on July 26, 2016; and
WHEREAS, on February 21, 2023, the Planning Commission held a study session regarding regulations for Off Street Parking and Loading; and WHEREAS, on June 20, 2023, the Planning Commission of the City of Twentynine Palms conducted a duly noticed and advertised Public Hearing on the Development Code Amendment for Chapter 19.82 Off Street Parking and Loading; and WHEREAS, on August 09, 2023, the Development Code Amendment was duly noticed in the Desert Trail, a newspaper of general circulation within the City of Twentynine Palms; and
WHEREAS, on August 22, 2023, the City Council of the City of Twentynine Palms conducted a duly noticed and advertised Public Hearing on the Development Code Amendment as reflected in "Exhibit A" in accordance with the California Government Code Section 65350 et. seq. and California Government Code Section 65853 et. seq., required by law for this amendment; and
WHEREAS, a Public Hearing was held by the City Council on August 22, 2023, at which time the Council introduced Ordinance No. ___, amending Chapter 19.82 Off Street Parking and Loading of the Development Code, and
WHEREAS, on August 22, 2023, at the above noted Public Hearing for the Development Code Amendment, the City Council of the City of Twentynine Palms considered the potential environmental impacts that may occur with the adoption of the proposed Development Code Amendment and recommended that in accordance with the California Environmental Quality Act (CEQA) Guidelines Section, the proposed zoning text amendment has been reviewed for its potential to impact the environment. Pursuant to Section 15061(b)(3) of the State Guidelines to Implement the California Environmental Quality Act, the activity is covered by the commonsense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment.

Page 175 of 300 ends

the proposed CEQA determination reflected the City Council's independent judgment and analysis; and
WHEREAS, the City Council, in its review of the proposed Development Code Amendment, makes the following findings:

A. That the Zone Change or Development Code Amendment is consistent with the intent of the goals and policies of the General Plan.

The Development Code Amendment is consistent with the following policies of the General Plan:

Goal LU-4 - Adequately address the potential impacts of new development on the existing community and the City’s infrastructure system.

Implementation Policy LU-4.3 – Maintain parking requirements that adequately meet the needs of commercial and industrial land uses and protect adjacent residential neighborhoods from overflow parking encroachment.

B. The Zone Change or Development Code Amendment prescribes reasonable controls and standards to ensure compatibility with other established uses.

The Development Code Amendment is to amend the parking regulations to further define the parking requirements for commercial and residential uses.

C. The Zone Change or Development Code Amendment provides reasonable property development rights while protecting environmentally sensitive land uses and species.

The Amendment is to Chapter 19.82, Off-Street Parking and Loading, expanding the Development Code table to include a more comprehensive list of parking requirements.

D. The Zone Change or Development Code Amendment ensures protection of the general health, safety and welfare of the community.

The Off-Street Parking and Loading requirements are being revised to define the requirements for parking for certain land uses and will not be detrimental to the health, safety or welfare of the community

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TWENTYNINE PALMS, CALIFORNIA, TAKES THE FOLLOWING ACTIONS:

Section 1. Based upon the review of the proposed amendment of the Development Code, Chapter 19.82 Off Street Parking and Loading, the City Council finds that the proposed amendment does not have the potential to have an adverse impact on the environment and, in accordance with the California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3), the activity is covered by the common-sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

Section 3. The City Council approves and adopts the "Findings" required for approval of the Development Code update as set forth above.

Page 176 of 300 ends

Section 6. Introduction Date. Ordinance No.310 was introduced by Council action on the 22nd day of August 2023.

Section 7. Effective Date. Ordinance No. 310 becomes effective thirty (30) days after the second reading by City Council.

PASSED, APPROVED, AND ADOPTED this 26
th day of September 2023.

McArthur Wright, Mayor
ATTEST:

Cindy Villescas CMC, City Clerk
APPROVED AS TO FORM:

A. Patrick Munoz, City Attorney
I hereby certify that the foregoing is a true copy of Ordinance No. 310, introduced on the 22 nd
day of August 2023 and duly adopted by the City Council of the City of Twentynine Palms in a meeting held on the 26
th day of September 2023, in Twentynine Palms, California by the following vote, to wit.

AYES:

NOES:

ABSENT:

ABSTAIN:

COUNCILMEMBER:

Cindy Villescas CMC, City Clerk

Page 177 of 300 ends

Page 178 of 300 ends

City of Twentynine Palms Development Code Article 4, Site Development Regulations Adopted July 26, 2016
Effective August 25, 2016 Page 19.82-1 Off-Street Parking and Loading Chapter 19.82 Off-Street Parking and Loading
Sections

19.82.010 Purpose................................................................................................................19.82-1

19.82.020 Applicability........................................................................................................19.82-1

19.82.030 Permit Required ..................................................................................................19.82-1

19.82.040 Exemptions........................................................................................................19.82-22

19.82.050 Number of Parking Spaces Required..................................................................19.82-2

19.82.060 Shared or Unspecified Uses ..............................................................................19.82-97

19.82.070 Design and Construction of Facilities...............................................................19.82-98

19.82.080 Reciprocal Parking Facilities ........................................................................19.82-1513

19.82.090 Loading Space Requirements........................................................................19.82-1513

19.82.100 Parking in Private Driveway or on Private Property.....................................19.82-1715

19.82.010 Purpose
The intent and purpose of this Chapter is to ensure that all uses shall have the minimum required off-street motor vehicle parking spaces installed and maintained in a manner which will ensure adequate and safe parking (temporary storage), ingress and egress, and parking facility design which will provide for safe and convenient use of such facilities.

19.82.020 Applicability
A. Unless specifically exempted within this Chapter, parking spaces, loading spaces or areas, and other facilities required by the provision of this Chapter shall be provided for each of the following:

1. The construction or reconstruction of any building or structure hereinafter specified.

2. A change in use of a lot or building site which requires a greater number of parking or loading spaces than was provided for the previous use or activity.

B. All improvements required by this Chapter, or any previously effective regulations governing same, shall henceforth be made available and maintained for the use for which they were designed. Every lot or building site, or portion thereof, used as a public or private parking area shall be improved and maintained in accordance with the standards set forth in this Chapter.

19.82.030 Permit Required
All new, modified or altered uses requiring the provision of additional off-street parking spaces as required by this Chapter shall require an amendment to the previously approved permit issued for the primary use where such permit is Exhibit “A”

Page 179 of 300 ends

Twentynine Palms City CouncilSeptember 26, 2023

Twentynine Palms City Council
September 26, 2023