Yorba Linda City Council
April 4, 2023

OPPOSITION TO SENATE BILL 423 (WIENER)
P a g e | 2
SB 423 Opposed by the League of California Cities (Cal Cities) Overarching laws like SB 423 undermine local efforts to address complex housing and planning issues. Cities are required to spend significant funds to develop comprehensive, multiyear housing plans but SB 423 would allow developers in some cases to bypass local approvals and proceed with developments without virtually any input from the City or community.

For the reasons articulated in this report, staff recommends that the City Council oppose Senate Bill 423 and authorize the Mayor to submit letters of opposition to the California State Legislature. Please note, the City’s legislative advocacy partners, the League of California Cities and the Association of California Cities Orange County, both oppose SB 423. In addition, to date, the cities of Mission Viejo, La Habra, Irvine, and Garden Grove have taken an oppose position to SB 423. A sample letter of opposition is included in Attachment 2 for the City Council’s reference.

SB 423 passed out of the Senate Housing Committee on Tuesday, March 21, 2023, and is now headed to the Senate Governance and Finance Committee. A date for the new hearing has not been set.

FISCAL IMPACT
There is no fiscal impact associated with this item.

ALTERNATIVE
Do not take action on SB 423; therefore, receive and file this report.

ATTACHMENTS

1. Senate Bill 423 Text

2. City of Yorba Linda – SB 423 Sample Opposition Letter

SENATE BILL No. 423
Introduced by Senator Wiener
(Principal coauthor: Assembly Member Wicks)
(Coauthor: Assembly Member Grayson)
February 13, 2023
An act to amend Section 65913.4 of the Government Code, relating to land use.
legislative counsel’s digest
SB 423, as introduced, Wiener. Land use: streamlined housing approvals: multifamily housing developments.

Existing law, the Planning and Zoning Law, authorizes a development proponent to submit an application for a 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 moderate-income 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. Existing 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 on property owned by or leased to the state. The bill would delete the January 1, 2026, repeal date, thereby making these provisions operative indefinitely.

99

This bill would modify the above-described objective planning standards, including by deleting the standard that prohibits a multifamily housing development from being subject to the streamlined, ministerial approval process if the development is located in a coastal zone, and by providing an alternative definition for “affordable housing costs” for a development that dedicates 100% of units, exclusive of a manager’s unit or units, to lower income households. The bill would, among other modifications, delete the objective planning standards requiring development proponents to pay at least the general prevailing rate of per diem wages and utilize a skilled and trained workforce and would instead require a development proponent to certify to the local government that certain wage and labor standards will be met, including a requirement that all construction workers be paid at least the general prevailing rate of wages, as specified. The bill would require the Labor Commissioner to enforce the obligation to pay prevailing wages. By expanding the crime of perjury, the bill would impose a state-mandated local program. The bill would specify that the requirements to pay prevailing wages, use a workforce participating in an apprenticeship, or provide health care expenditures do not apply to a project that consists of 10 or fewer units and is not otherwise a public work.

This bill would define “objective planning standards” to exclude specified standards, including local building codes, fire codes, other codes requiring detailed technical specifications, and standards that are not reasonably ascertainable by the local government within specified time limits, as described.

Existing law requires a local government to approve a development if the local government determines the development is consistent with the objective planning standards. Existing law requires, if the local government determines a submitted development is in conflict with any of the objective planning standards, the local government to provide the development proponent written documentation of the standards the development conflicts with and an explanation for the conflict within certain timelines depending on the size of the development. Existing law, the Housing Accountability Act, prohibits a local agency from disapproving a housing development project, as described, unless it makes specified written findings.

This bill would instead require approval if a local government’s planning director or any equivalent local government staff, including all relevant planning and permitting departments, determines the development is consistent with the objective planning standards. The 99 SB 423 — 2 —

bill would make conforming changes. The bill would prohibit a local government from requiring a development proponent to provide consultant studies, as described, or other studies or materials that are unnecessary to ascertain consistency with the objective planning standards.

The bill would, for purposes of these provisions, establish that the total number of units in a development includes (1) all projects developed on a site, regardless of when those developments occur, and (2) all projects developed on sites adjacent to a site developed pursuant to these provisions if, after January 1, 2023, the adjacent site had been subdivided from the site developed pursuant to these provisions.

Existing law authorizes the local government’s planning commission or any equivalent board or commission responsible for review and approval of development projects, or as otherwise specified, to conduct any design review or public oversight of the development.

This bill would remove the above-described authorization to conduct public oversight of the development and would only authorize design review to be conducted by the local government’s planning commission or any equivalent board or commission responsible for design review.

By imposing additional duties on local officials, the bill would impose a state-mandated local program.

The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.

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

Statutory provisions establish procedures for making that reimbursement.

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

Vote: majority. Appropriation: no. Fiscal committee: yes.

State-mandated local program: yes.

The people of the State of California do enact as follows:
line 1 SECTION 1. The Legislature finds and declares that it has line 2 provided reforms and incentives to facilitate and expedite the line 3 construction of affordable housing. Those reforms and incentives line 4 can be found in the following provisions:
99 — 3 — SB 423

line 1 (a)  Housing element law (Article 10.6 (commencing with line 2 Section 65580) of Chapter 3 of Division 1 of Title 7 of the line 3 Government Code).
line 4 (b)  Extension of statute of limitations in actions challenging the line 5 housing element and brought in support of affordable housing line 6 (subdivision (d) of Section 65009 of the Government Code). line 7 (c)  Restrictions on disapproval of housing developments line 8 (Section 65589.5 of the Government Code).
line 9 (d)  Priority for affordable housing in the allocation of water and line 10 sewer hookups (Section 65589.7 of the Government Code). line 11 (e)  Least cost zoning law (Section 65913.1 of the Government line 12 Code).
line 13 (f)  Density Bonus Law (Section 65915 of the Government line 14 Code).
line 15 (g)  Accessory dwelling units (Sections 65852.150 and 65852.2 line 16 of the Government Code).
line 17 (h)  By-right housing, in which certain multifamily housing is line 18 designated a permitted use (Section 65589.4 of the Government line 19 Code).
line 20 (i)  No-net-loss-in zoning density law limiting downzonings and line 21 density reductions (Section 65863 of the Government Code). line 22 (j)  Requiring persons who sue to halt affordable housing to pay line 23 attorney’s fees (Section 65914 of the Government Code) or post line 24 a bond (Section 529.2 of the Code of Civil Procedure). line 25 (k)  Reduced time for action on affordable housing applications line 26 under the approval of development permits process (Article 5 line 27 (commencing with Section 65950) of Chapter 4.5 of Division 1 line 28 of Title 7 of the Government Code).
line 29 (l)  Limiting moratoriums on multifamily housing (Section 65858 line 30 of the Government Code).
line 31 (m)  Prohibiting discrimination against affordable housing line 32 (Section 65008 of the Government Code).
line 33 (n)  California Fair Employment and Housing Act (Part 2.8 line 34 (commencing with Section 12900) of Division 3 of Title 2 of the line 35 Government Code).
line 36 (o)  Community Redevelopment Law (Part 1 (commencing with line 37 Section 33000) of Division 24 of the Health and Safety Code, and line 38 in particular Sections 33334.2 and 33413 of the Health and Safety line 39 Code).
99 SB 423 — 4 —

line 1 (p)  Streamlining housing approvals during a housing shortage line 2 (Section 65913.4 of the Government Code).
line 3 (q)  Housing sustainability districts (Chapter 11 (commencing line 4 with Section 66200) of Division 1 of Title 7 of the Government line 5 Code).
line 6 (r)  Streamlining agricultural employee housing development line 7 approvals (Section 17021.8 of the Health and Safety Code). line 8 (s)  Affordable Housing and High Road Jobs Act of 2022 line 9 (Chapter 4.1 (commencing with Section 65912.100) of Division line 10 1 of Title 7 of the Government Code).
line 11 SEC. 2. Section 65913.4 of the Government Code is amended line 12 to read:
line 13 65913.4. (a)  A development proponent may submit an line 14 application for a development that is subject to the streamlined, line 15 ministerial approval process provided by subdivision (c) and is line 16 not subject to a conditional use permit or any other nonlegislative line 17 discretionary approval if the development complies with line 18 subdivision (b) and satisfies all of the following objective planning line 19 standards:
line 20 (1)  The development is a multifamily housing development that line 21 contains two or more residential units.
line 22 (2)  The development and the site on which it is located satisfy line 23 all of the following:
line 24 (A)  It is a legal parcel or parcels located in a city if, and only line 25 if, the city boundaries include some portion of either an urbanized line 26 area or urban cluster, as designated by the United States Census line 27 Bureau, or, for unincorporated areas, a legal parcel or parcels line 28 wholly within the boundaries of an urbanized area or urban cluster, line 29 as designated by the United States Census Bureau. line 30 (B)  At least 75 percent of the perimeter of the site adjoins parcels line 31 that are developed with urban uses. For the purposes of this section, line 32 parcels that are only separated by a street or highway shall be line 33 considered to be adjoined.
line 34 (C)  (i)  A site that meets the requirements of clause (ii) and line 35 satisfies any of the following:
line 36 (I)  The site is zoned for residential use or residential mixed-use line 37 development.
line 38 (II)  The site has a general plan designation that allows residential line 39 use or a mix of residential and nonresidential uses. 99 — 5 — SB 423

line 1 (III)  The site is zoned for office or retail commercial use and line 2 meets the requirements of Section 65852.24.
line 3 (ii)  At least two-thirds of the square footage of the development line 4 is designated for residential use. Additional density, floor area, line 5 and units, and any other concession, incentive, or waiver of line 6 development standards granted pursuant to the Density Bonus Law line 7 in Section 65915 shall be included in the square footage line 8 calculation. The square footage of the development shall not line 9 include underground space, such as basements or underground line 10 parking garages.
line 11 (3)  (A)  The development proponent has committed to record, line 12 prior to the issuance of the first building permit, a land use line 13 restriction or covenant providing that any lower or moderate line 14 income housing units required pursuant to subparagraph (B) of line 15 paragraph (4) shall remain available at affordable housing costs line 16 or rent to persons and families of lower or moderate income line 17 moderate-income for no less than the following periods of time:
line 18 (i)  Fifty-five years for units that are rented. line 19 (ii)  Forty-five years for units that are owned. line 20 (B)  The city or county shall require the recording of covenants line 21 or restrictions implementing this paragraph for each parcel or unit line 22 of real property included in the development.
line 23 (4)  The development satisfies subparagraphs clause (i) or (ii) line 24 of subparagraph (A) and satisfies subparagraph (B) below:
line 25 (A)  (i)  For a development located in a locality that is in its sixth line 26 or earlier housing element cycle, the development is located in line 27 either of the following:
line 28 (A)  Is located in
line 29 (I)  In a locality that the department has determined is subject line 30 to this subparagraph clause on the basis that the number of units line 31 that have been issued building permits, as shown on the most recent line 32 production report received by the department, is less than the line 33 locality’s share of the regional housing needs, by income category, line 34 for that reporting period. A locality shall remain eligible under line 35 this subparagraph subclause until the department’s determination line 36 for the next reporting period.
line 37 (II)  In a locality that the department has determined is subject line 38 to this clause on the basis that the locality did not adopt a housing line 39 element that has been found in substantial compliance with housing line 40 element law (Article 10.6 (commencing with Section 65580) of 99 SB 423 — 6 —

line 1 Chapter 3) by the department. A locality shall remain eligible line 2 under this subclause until such time as the locality adopts a line 3 housing element that has been found in substantial compliance line 4 with housing element law (Article 10.6 (commencing with Section line 5 65580) of Chapter 3) by the department.
line 6 (ii)  For a development located in a locality that is in its seventh line 7 or later housing element cycle, is located in a locality that the line 8 department has determined is subject to this clause on the basis line 9 that the locality did not adopt a housing element that has been line 10 found in substantial compliance with housing element law (Article line 11 10.6 (commencing with Section 65580) of Chapter 3) by the line 12 department by the statutory deadline, or that the number of units line 13 that have been issued building permits, as shown on the most recent line 14 production report received by the department, is less than the line 15 locality’s share of the regional housing needs, by income category, line 16 for that reporting period. A locality shall remain eligible under line 17 this subparagraph until the department’s determination for the line 18 next reporting period.
line 19 (B)  The development is subject to a requirement mandating a line 20 minimum percentage of below market rate housing based on one line 21 of the following:
line 22 (i)  The locality did not adopt a housing element pursuant to line 23 Section 65588 that has been found in substantial compliance with line 24 the housing element law (Article 10.6 (commencing with Section line 25 65580) of Chapter 3) by the department, did not submit its latest line 26 production report to the department by the time period required line 27 by Section 65400, or that production report submitted to the line 28 department reflects that there were fewer units of above line 29 moderate-income housing issued building permits than were line 30 required for the regional housing needs assessment cycle for that line 31 reporting period. In addition, if the project contains more than 10 line 32 units of housing, the project does either of the following:
line 33 (I)  The project dedicates a minimum of 10 percent of the total line 34 number of units, before calculating any density bonus, to housing line 35 affordable to households making at or below 80 percent of the area line 36 median income. However, if the locality has adopted a local line 37 ordinance that requires that greater than 10 percent of the units be line 38 dedicated to housing affordable to households making below 80 line 39 percent of the area median income, that local ordinance applies. 99 — 7 — SB 423

line 1 (II)  (ia)  If the project is located within the San Francisco Bay line 2 area, the project, in lieu of complying with subclause (I), dedicates line 3 20 percent of the total number of units, before calculating any line 4 density bonus, to housing affordable to households making below line 5 120 percent of the area median income with the average income line 6 of the units at or below 100 percent of the area median income. line 7 However, a local ordinance adopted by the locality applies if it line 8 requires greater than 20 percent of the units be dedicated to housing line 9 affordable to households making at or below 120 percent of the line 10 area median income, or requires that any of the units be dedicated line 11 at a level deeper than 120 percent. In order to comply with this line 12 subclause, the rent or sale price charged for units that are dedicated line 13 to housing affordable to households between 80 percent and 120 line 14 percent of the area median income shall not exceed 30 percent of line 15 the gross income of the household.
line 16 (ib)  For purposes of this subclause, “San Francisco Bay area” line 17 means the entire area within the territorial boundaries of the line 18 Counties of Alameda, Contra Costa, Marin, Napa, San Mateo, line 19 Santa Clara, Solano, and Sonoma, and the City and County of San line 20 Francisco.
line 21 (ii)  The locality’s latest production report reflects that there line 22 were fewer units of housing issued building permits affordable to line 23 either very low income or low-income households by income line 24 category than were required for the regional housing needs line 25 assessment cycle for that reporting period, and the project seeking line 26 approval dedicates 50 percent of the total number of units, before line 27 calculating any density bonus, to housing affordable to households line 28 making at or below 80 percent of the area median income. line 29 However, if the locality has adopted a local ordinance that requires line 30 that greater than 50 percent of the units be dedicated to housing line 31 affordable to households making at or below 80 percent of the area line 32 median income, that local ordinance applies.
line 33 (iii)  The locality did not submit its latest production report to line 34 the department by the time period required by Section 65400, or line 35 if the production report reflects that there were fewer units of line 36 housing affordable to both income levels described in clauses (i) line 37 and (ii) that were issued building permits than were required for line 38 the regional housing needs assessment cycle for that reporting line 39 period, the project seeking approval may choose between utilizing line 40 clause (i) or (ii).
99 SB 423 — 8 —

line 1 (C)  (i)  A development proponent that uses a unit of affordable line 2 housing to satisfy the requirements of subparagraph (B) may also line 3 satisfy any other local or state requirement for affordable housing, line 4 including local ordinances or the Density Bonus Law in Section line 5 65915, provided that the development proponent complies with line 6 the applicable requirements in the state or local law. If a local line 7 requirement for affordable housing requires units that are line 8 restricted to households with incomes higher than the applicable line 9 income limits required in subparagraph (B), then units that meet line 10 the applicable income limits required in subparagraph (B) shall line 11 be deemed to satisfy those local requirements for higher income line 12 units.
line 13 (ii)  A development proponent that uses a unit of affordable line 14 housing to satisfy any other state or local affordability requirement line 15 may also satisfy the requirements of subparagraph (B), provided line 16 that the development proponent complies with applicable line 17 requirements of subparagraph (B).
line 18 (iii)  A development proponent may satisfy the affordability line 19 requirements of subparagraph (B) with a unit that is restricted to line 20 households with incomes lower than the applicable income limits line 21 required in subparagraph (B).
line 22 (D)  The amendments to this subdivision made by the act adding line 23 this subparagraph do not constitute a change in, but are declaratory line 24 of, existing law.
line 25 (5)  The development, excluding any additional density or any line 26 other concessions, incentives, or waivers of development standards line 27 granted for which the development is eligible pursuant to the line 28 Density Bonus Law in Section 65915, is consistent with objective line 29 zoning standards, objective subdivision standards, and objective line 30 design review standards in effect at the time that the development line 31 is submitted to the local government pursuant to this section, or line 32 at the time a notice of intent is submitted pursuant to subdivision line 33 (b), whichever occurs earlier. For purposes of this paragraph, line 34 “objective zoning standards,” “objective subdivision standards,” line 35 and “objective design review standards” mean standards that line 36 involve no personal or subjective judgment by a public official line 37 and are uniformly verifiable by reference to an external and line 38 uniform benchmark or criterion available and knowable by both line 39 the development applicant or proponent and the public official line 40 before submittal. These standards may be embodied in alternative 99 — 9 — SB 423

line 1 objective land use specifications adopted by a city or county, and line 2 may include, but are not limited to, housing overlay zones, specific line 3 plans, inclusionary zoning ordinances, and density bonus line 4 ordinances, subject to the following:
line 5 (A)  A development shall be deemed consistent with the objective line 6 zoning standards related to housing density, as applicable, if the line 7 density proposed is compliant with the maximum density allowed line 8 within that land use designation, notwithstanding any specified line 9 maximum unit allocation that may result in fewer units of housing line 10 being permitted.
line 11 (B)  In the event that objective zoning, general plan, subdivision, line 12 or design review standards are mutually inconsistent, a line 13 development shall be deemed consistent with the objective zoning line 14 and subdivision standards pursuant to this subdivision if the line 15 development is consistent with the standards set forth in the general line 16 plan.
line 17 (C)  It is the intent of the Legislature that the objective zoning line 18 standards, objective subdivision standards, and objective design line 19 review standards described in this paragraph be adopted or line 20 amended in compliance with the requirements of Chapter 905 of line 21 the Statutes of 2004.
line 22 (D)  The amendments to this subdivision made by the act adding line 23 this subparagraph do not constitute a change in, but are declaratory line 24 of, existing law.
line 25 (E)  A project that satisfies the requirements of Section 65852.24 line 26 shall be deemed consistent with objective zoning standards, line 27 objective design standards, and objective subdivision standards if line 28 the project is consistent with the provisions of subdivision (b) of line 29 Section 65852.24 and if none of the square footage in the project line 30 is designated for hotel, motel, bed and breakfast inn, or other line 31 transient lodging use, except for a residential hotel. For purposes line 32 of this subdivision, “residential hotel” shall have the same meaning line 33 as defined in Section 50519 of the Health and Safety Code. line 34 (6)  The development is not located on a site that is any of the line 35 following:
line 36 (A)  A coastal zone, as defined in Division 20 (commencing line 37 with Section 30000) of the Public Resources Code. line 38 (B)
line 39 (A)  Either prime farmland or farmland of statewide importance, line 40 as defined pursuant to United States Department of Agriculture 99 SB 423 — 10 —

line 1 land inventory and monitoring criteria, as modified for California, line 2 and designated on the maps prepared by the Farmland Mapping line 3 and Monitoring Program of the Department of Conservation, or line 4 land zoned or designated for agricultural protection or preservation line 5 by a local ballot measure that was approved by the voters of that line 6 jurisdiction.
line 7 (C)
line 8 (B)  Wetlands, as defined in the United States Fish and Wildlife line 9 Service Manual, Part 660 FW 2 (June 21, 1993). 1993), unless the line 10 development within the wetlands has been authorized pursuant to line 11 federal or other state law.
line 12 (D)
line 13 (C)  Within a very high fire hazard severity zone, as determined line 14 by the Department of Forestry and Fire Protection pursuant to line 15 Section 51178, or within a high or very high fire hazard severity line 16 zone as indicated on maps adopted by the Department of Forestry line 17 and Fire Protection pursuant to Section 4202 of the Public line 18 Resources Code. This subparagraph does not apply to sites line 19 excluded from the specified hazard zones by a local agency, line 20 pursuant to subdivision (b) of Section 51179, or sites that have line 21 adopted fire hazard mitigation measures pursuant to existing line 22 building standards or state fire mitigation measures applicable to line 23 the development.
line 24 (E)
line 25 (D)  A hazardous waste site that is listed pursuant to Section line 26 65962.5 or a hazardous waste site designated by the Department line 27 of Toxic Substances Control pursuant to Section 25356 of the line 28 Health and Safety Code, unless either of the following apply:
line 29 (i)  The site is an underground storage tank site that received a line 30 uniform closure letter issued pursuant to subdivision (g) of Section line 31 25296.10 of the Health and Safety Code based on closure criteria line 32 established by the State Water Resources Control Board for line 33 residential use or residential mixed uses. This section does not line 34 alter or change the conditions to remove a site from the list of line 35 hazardous waste sites listed pursuant to Section 65962.5. line 36 (ii)  The State Department of Public Health, State Water line 37 Resources Control Board, Department of Toxic Substances Control, line 38 or a local agency making a determination pursuant to subdivision line 39 (c) of Section 25296.10 of the Health and Safety Code, has 99 — 11 — SB 423

line 1 otherwise determined that the site is suitable for residential use or line 2 residential mixed uses.
line 3 (F)
line 4 (E)  Within a delineated earthquake fault zone as determined by line 5 the State Geologist in any official maps published by the State line 6 Geologist, unless the development complies with applicable seismic line 7 protection building code standards adopted by the California line 8 Building Standards Commission under the California Building line 9 Standards Law (Part 2.5 (commencing with Section 18901) of line 10 Division 13 of the Health and Safety Code), and by any local line 11 building department under Chapter 12.2 (commencing with Section line 12 8875) of Division 1 of Title 2.
line 13 (G)
line 14 (F)  Within a special flood hazard area subject to inundation by line 15 the 1 percent annual chance flood (100-year flood) as determined line 16 by the Federal Emergency Management Agency in any official line 17 maps published by the Federal Emergency Management Agency. line 18 If a development proponent is able to satisfy all applicable federal line 19 qualifying criteria in order to provide that the site satisfies this line 20 subparagraph and is otherwise eligible for streamlined approval line 21 under this section, a local government shall not deny the application line 22 on the basis that the development proponent did not comply with line 23 any additional permit requirement, standard, or action adopted by line 24 that local government that is applicable to that site. A development line 25 may be located on a site described in this subparagraph if either line 26 of the following are met:
line 27 (i)  The site has been subject to a Letter of Map Revision line 28 prepared by the Federal Emergency Management Agency and line 29 issued to the local jurisdiction.
line 30 (ii)  The site meets Federal Emergency Management Agency line 31 requirements necessary to meet minimum flood plain management line 32 criteria of the National Flood Insurance Program pursuant to Part line 33 59 (commencing with Section 59.1) and Part 60 (commencing line 34 with Section 60.1) of Subchapter B of Chapter I of Title 44 of the line 35 Code of Federal Regulations.
line 36 (H)
line 37 (G)  Within a regulatory floodway as determined by the Federal line 38 Emergency Management Agency in any official maps published line 39 by the Federal Emergency Management Agency, unless the line 40 development has received a no-rise certification in accordance 99 SB 423 — 12 —

line 1 with Section 60.3(d)(3) of Title 44 of the Code of Federal line 2 Regulations. If a development proponent is able to satisfy all line 3 applicable federal qualifying criteria in order to provide that the line 4 site satisfies this subparagraph and is otherwise eligible for line 5 streamlined approval under this section, a local government shall line 6 not deny the application on the basis that the development line 7 proponent did not comply with any additional permit requirement, line 8 standard, or action adopted by that local government that is line 9 applicable to that site.
line 10 (I)
line 11 (H)  Lands identified for conservation in an adopted natural line 12 community conservation plan pursuant to the Natural Community line 13 Conservation Planning Act (Chapter 10 (commencing with Section line 14 2800) of Division 3 of the Fish and Game Code), habitat line 15 conservation plan pursuant to the federal Endangered Species Act line 16 of 1973 (16 U.S.C. Sec. 1531 et seq.), or other adopted natural line 17 resource protection plan.
line 18 (J)
line 19 (I)  Habitat for protected species identified as candidate, line 20 sensitive, or species of special status by state or federal agencies, line 21 fully protected species, or species protected by the federal line 22 Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), line 23 the California Endangered Species Act (Chapter 1.5 (commencing line 24 with Section 2050) of Division 3 of the Fish and Game Code), or line 25 the Native Plant Protection Act (Chapter 10 (commencing with line 26 Section 1900) of Division 2 of the Fish and Game Code). Code), line 27 unless the development within the habitat has been authorized line 28 pursuant to federal or other state law.
line 29 (K)
line 30 (J)  Lands under conservation easement.
line 31 (7)  The development is not located on a site where any of the line 32 following apply:
line 33 (A)  The development would require the demolition of the line 34 following types of housing:
line 35 (i)  Housing that is subject to a recorded covenant, ordinance, line 36 or law that restricts rents to levels affordable to persons and line 37 families of moderate, low, or very low income.
line 38 (ii)  Housing that is subject to any form of rent or price control line 39 through a public entity’s valid exercise of its police power. 99 — 13 — SB 423

line 1 (iii)  Housing that has been occupied by tenants within the past line 2 10 years.
line 3 (B)  The site was previously used for housing that was occupied line 4 by tenants that was demolished within 10 years before the line 5 development proponent submits an application under this section. line 6 (C)  The development would require the demolition of a historic line 7 structure that was placed on a national, state, or local historic line 8 register.
line 9 (D)  The property contains housing units that are occupied by line 10 tenants, and units at the property are, or were, subsequently offered line 11 for sale to the general public by the subdivider or subsequent owner line 12 of the property.
line 13 (8)  The development proponent has done both of the following, line 14 as applicable:
line 15 (A)  Certified to the locality that either of the following is true, line 16 as applicable:
line 17 (i)  The entirety of the development is a public work for purposes line 18 of Chapter 1 (commencing with Section 1720) of Part 7 of Division line 19 2 of the Labor Code.
line 20 (ii)  If the development is not in its entirety a public work, that line 21 all construction workers employed in the execution of the line 22 development will be paid at least the general prevailing rate of per line 23 diem wages for the type of work and geographic area, as line 24 determined by the Director of Industrial Relations pursuant to line 25 Sections 1773 and 1773.9 of the Labor Code, except that line 26 apprentices registered in programs approved by the Chief of the line 27 Division of Apprenticeship Standards may be paid at least the line 28 applicable apprentice prevailing rate. If the development is subject line 29 to this subparagraph, then for those portions of the development line 30 that are not a public work all of the following shall apply:
line 31 (I)  The development proponent shall ensure that the prevailing line 32 wage requirement is included in all contracts for the performance line 33 of the work.
line 34 (II)  All contractors and subcontractors shall pay to all line 35 construction workers employed in the execution of the work at line 36 least the general prevailing rate of per diem wages, except that line 37 apprentices registered in programs approved by the Chief of the line 38 Division of Apprenticeship Standards may be paid at least the line 39 applicable apprentice prevailing rate.
99 SB 423 — 14 —

line 1 (III)  Except as provided in subclause (V), all contractors and line 2 subcontractors shall maintain and verify payroll records pursuant line 3 to Section 1776 of the Labor Code and make those records line 4 available for inspection and copying as provided therein. line 5 (IV)  Except as provided in subclause (V), the obligation of the line 6 contractors and subcontractors to pay prevailing wages may be line 7 enforced by the Labor Commissioner through the issuance of a line 8 civil wage and penalty assessment pursuant to Section 1741 of the line 9 Labor Code, which may be reviewed pursuant to Section 1742 of line 10 the Labor Code, within 18 months after the completion of the line 11 development, by an underpaid worker through an administrative line 12 complaint or civil action, or by a joint labor-management line 13 committee through a civil action under Section 1771.2 of the Labor line 14 Code. If a civil wage and penalty assessment is issued, the line 15 contractor, subcontractor, and surety on a bond or bonds issued to line 16 secure the payment of wages covered by the assessment shall be line 17 liable for liquidated damages pursuant to Section 1742.1 of the line 18 Labor Code.
line 19 (V)  Subclauses (III) and (IV) shall not apply if all contractors line 20 and subcontractors performing work on the development are subject line 21 to a project labor agreement that requires the payment of prevailing line 22 wages to all construction workers employed in the execution of line 23 the development and provides for enforcement of that obligation line 24 through an arbitration procedure. For purposes of this clause, line 25 “project labor agreement” has the same meaning as set forth in line 26 paragraph (1) of subdivision (b) of Section 2500 of the Public line 27 Contract Code.
line 28 (VI)  Notwithstanding subdivision (c) of Section 1773.1 of the line 29 Labor Code, the requirement that employer payments not reduce line 30 the obligation to pay the hourly straight time or overtime wages line 31 found to be prevailing shall not apply if otherwise provided in a line 32 bona fide collective bargaining agreement covering the worker. line 33 The requirement to pay at least the general prevailing rate of per line 34 diem wages does not preclude use of an alternative workweek line 35 schedule adopted pursuant to Section 511 or 514 of the Labor line 36 Code.
line 37 (B)  (i)  For developments for which any of the following line 38 conditions apply, certified that a skilled and trained workforce line 39 shall be used to complete the development if the application is line 40 approved:
99 — 15 — SB 423

line 1 (I)  On and after January 1, 2018, until December 31, 2021, the line 2 development consists of 75 or more units with a residential line 3 component that is not 100 percent subsidized affordable housing line 4 and will be located within a jurisdiction located in a coastal or bay line 5 county with a population of 225,000 or more.
line 6 (II)  On and after January 1, 2022, until December 31, 2025, the line 7 development consists of 50 or more units with a residential line 8 component that is not 100 percent subsidized affordable housing line 9 and will be located within a jurisdiction located in a coastal or bay line 10 county with a population of 225,000 or more.
line 11 (III)  On and after January 1, 2018, until December 31, 2019, line 12 the development consists of 75 or more units with a residential line 13 component that is not 100 percent subsidized affordable housing line 14 and will be located within a jurisdiction with a population of fewer line 15 than 550,000 and that is not located in a coastal or bay county. line 16 (IV)  On and after January 1, 2020, until December 31, 2021, line 17 the development consists of more than 50 units with a residential line 18 component that is not 100 percent subsidized affordable housing line 19 and will be located within a jurisdiction with a population of fewer line 20 than 550,000 and that is not located in a coastal or bay county. line 21 (V)  On and after January 1, 2022, until December 31, 2025, the line 22 development consists of more than 25 units with a residential line 23 component that is not 100 percent subsidized affordable housing line 24 and will be located within a jurisdiction with a population of fewer line 25 than 550,000 and that is not located in a coastal or bay county. line 26 (ii)  For purposes of this section, “skilled and trained workforce” line 27 has the same meaning as provided in Chapter 2.9 (commencing line 28 with Section 2600) of Part 1 of Division 2 of the Public Contract line 29 Code.
line 30 (iii)  If the development proponent has certified that a skilled line 31 and trained workforce will be used to complete the development line 32 and the application is approved, the following shall apply:
line 33 (I)  The applicant shall require in all contracts for the line 34 performance of work that every contractor and subcontractor at line 35 every tier will individually use a skilled and trained workforce to line 36 complete the development.
line 37 (II)  Every contractor and subcontractor shall use a skilled and line 38 trained workforce to complete the development.
line 39 (III)  Except as provided in subclause (IV), the applicant shall line 40 provide to the locality, on a monthly basis while the development 99 SB 423 — 16 —

line 1 or contract is being performed, a report demonstrating compliance line 2 with Chapter 2.9 (commencing with Section 2600) of Part 1 of line 3 Division 2 of the Public Contract Code. A monthly report provided line 4 to the locality pursuant to this subclause shall be a public record line 5 under the California Public Records Act (Division 10 (commencing line 6 with Section 7920.000) of Title 1) and shall be open to public line 7 inspection. An applicant that fails to provide a monthly report line 8 demonstrating compliance with Chapter 2.9 (commencing with line 9 Section 2600) of Part 1 of Division 2 of the Public Contract Code line 10 shall be subject to a civil penalty of ten thousand dollars ($10,000) line 11 per month for each month for which the report has not been line 12 provided. Any contractor or subcontractor that fails to use a skilled line 13 and trained workforce shall be subject to a civil penalty of two line 14 hundred dollars ($200) per day for each worker employed in line 15 contravention of the skilled and trained workforce requirement. line 16 Penalties may be assessed by the Labor Commissioner within 18 line 17 months of completion of the development using the same line 18 procedures for issuance of civil wage and penalty assessments line 19 pursuant to Section 1741 of the Labor Code, and may be reviewed line 20 pursuant to the same procedures in Section 1742 of the Labor line 21 Code. Penalties shall be paid to the State Public Works line 22 Enforcement Fund.
line 23 (IV)  Subclause (III) shall not apply if all contractors and line 24 subcontractors performing work on the development are subject line 25 to a project labor agreement that requires compliance with the line 26 skilled and trained workforce requirement and provides for line 27 enforcement of that obligation through an arbitration procedure. line 28 For purposes of this subparagraph, “project labor agreement” has line 29 the same meaning as set forth in paragraph (1) of subdivision (b) line 30 of Section 2500 of the Public Contract Code.
line 31 (C)  Notwithstanding subparagraphs (A) and (B), a development line 32 that is subject to approval pursuant to this section is exempt from line 33 any requirement to pay prevailing wages or use a skilled and line 34 trained workforce if it meets both of the following:
line 35 (i)  The project includes 10 or fewer units.
line 36 (ii)  The project is not a public work for purposes of Chapter 1 line 37 (commencing with Section 1720) of Part 7 of Division 2 of the line 38 Labor Code.
line 39 (9)  The development did not or does not involve a subdivision line 40 of a parcel that is, or, notwithstanding this section, would otherwise 99 — 17 — SB 423

line 1 be, subject to the Subdivision Map Act (Division 2 (commencing line 2 with Section 66410)) or any other applicable law authorizing the line 3 subdivision of land, unless the development is consistent with all line 4 objective subdivision standards in the local subdivision ordinance, line 5 and either of the following apply:
line 6 (A)  The development has received or will receive financing or line 7 funding by means of a low-income housing tax credit and is subject line 8 to the requirement that prevailing wages be paid pursuant to line 9 subparagraph (A) of paragraph (8).
line 10 (B)  The development is subject to the requirement that line 11 prevailing wages be paid, and a skilled and trained workforce used, line 12 pursuant to paragraph (8).
line 13 (8)  Except as provided in paragraph (9), a proponent of a line 14 development project approved by a local government pursuant to line 15 this section shall require in contracts with construction contractors, line 16 and shall certify to the local government, that the following line 17 standards specified in this paragraph will be met in project line 18 construction, as applicable:
line 19 (A)  A development that is not in its entirety a public work for line 20 purposes of Chapter 1 (commencing with Section 1720) of Part 7 line 21 of Division 2 of the Labor Code and approved by a local line 22 government pursuant to Article 2 (commencing with Section line 23 65912.110) or Article 3 (commencing with Section 65912.120) line 24 shall be subject to all of the following:
line 25 (i)  All construction workers employed in the execution of the line 26 development shall be paid at least the general prevailing rate of line 27 per diem wages for the type of work and geographic area, as line 28 determined by the Director of Industrial Relations pursuant to line 29 Sections 1773 and 1773.9 of the Labor Code, except that line 30 apprentices registered in programs approved by the Chief of the line 31 Division of Apprenticeship Standards may be paid at least the line 32 applicable apprentice prevailing rate.
line 33 (ii)  The development proponent shall ensure that the prevailing line 34 wage requirement is included in all contracts for the performance line 35 of the work for those portions of the development that are not a line 36 public work.
line 37 (iii)  All contractors and subcontractors for those portions of line 38 the development that are not a public work shall comply with both line 39 of the following:
99 SB 423 — 18 —

line 1 (I)  Pay to all construction workers employed in the execution line 2 of the work at least the general prevailing rate of per diem wages, line 3 except that apprentices registered in programs approved by the line 4 Chief of the Division of Apprenticeship Standards may be paid at line 5 least the applicable apprentice prevailing rate. line 6 (II)  Maintain and verify payroll records pursuant to Section line 7 1776 of the Labor Code and make those records available for line 8 inspection and copying as provided in that section. This subclause line 9 does not apply if all contractors and subcontractors performing line 10 work on the development are subject to a project labor agreement line 11 that requires the payment of prevailing wages to all construction line 12 workers employed in the execution of the development and provides line 13 for enforcement of that obligation through an arbitration line 14 procedure. For purposes of this subclause, “project labor line 15 agreement” has the same meaning as set forth in paragraph (1) line 16 of subdivision (b) of Section 2500 of the Public Contract Code. line 17 (B)  (i)  The obligation of the contractors and subcontractors to line 18 pay prevailing wages pursuant to this paragraph may be enforced line 19 by any of the following:
line 20 (I)  The Labor Commissioner through the issuance of a civil line 21 wage and penalty assessment pursuant to Section 1741 of the Labor line 22 Code, which may be reviewed pursuant to Section 1742 of the line 23 Labor Code, within 18 months after the completion of the line 24 development.
line 25 (II)  An underpaid worker through an administrative complaint line 26 or civil action.
line 27 (III)  A joint labor-management committee through a civil action line 28 under Section 1771.2 of the Labor Code.
line 29 (ii)  If a civil wage and penalty assessment is issued pursuant to line 30 this paragraph, the contractor, subcontractor, and surety on a line 31 bond or bonds issued to secure the payment of wages covered by line 32 the assessment shall be liable for liquidated damages pursuant to line 33 Section 1742.1 of the Labor Code.
line 34 (iii)  This paragraph does not apply if all contractors and line 35 subcontractors performing work on the development are subject line 36 to a project labor agreement that requires the payment of line 37 prevailing wages to all construction workers employed in the line 38 execution of the development and provides for enforcement of that line 39 obligation through an arbitration procedure. For purposes of this line 40 clause, “project labor agreement” has the same meaning as set 99 — 19 — SB 423

line 1 forth in paragraph (1) of subdivision (b) of Section 2500 of the line 2 Public Contract Code.
line 3 (C)  Notwithstanding subdivision (c) of Section 1773.1 of the line 4 Labor Code, the requirement that employer payments not reduce line 5 the obligation to pay the hourly straight time or overtime wages line 6 found to be prevailing does not apply to those portions of line 7 development that are not a public work if otherwise provided in a line 8 bona fide collective bargaining agreement covering the worker. line 9 (D)  The requirement of this paragraph to pay at least the line 10 general prevailing rate of per diem wages does not preclude use line 11 of an alternative workweek schedule adopted pursuant to Section line 12 511 or 514 of the Labor Code.
line 13 (E)  A development of 50 or more housing units approved by a line 14 local government pursuant to this section shall meet all of the line 15 following labor standards:
line 16 (i)  The development proponent shall require in contracts with line 17 construction contractors and shall certify to the local government line 18 that each contractor of any tier who will employ construction craft line 19 employees or will let subcontracts for at least 1,000 hours shall line 20 satisfy the requirements in clauses (ii) and (iii). A construction line 21 contractor is deemed in compliance with clauses (ii) and (iii) if it line 22 is signatory to a valid collective bargaining agreement that line 23 requires utilization of registered apprentices and expenditures on line 24 health care for employees and dependents.
line 25 (ii)  A contractor with construction craft employees shall either line 26 participate in an apprenticeship program approved by the line 27 California Division of Apprenticeship Standards pursuant to line 28 Section 3075 of the Labor Code, or request the dispatch of line 29 apprentices from a state-approved apprenticeship program under line 30 the terms and conditions set forth in Section 1777.5 of the Labor line 31 Code. A contractor without construction craft employees shall line 32 show a contractual obligation that its subcontractors comply with line 33 this clause.
line 34 (iii)  Each contractor with construction craft employees shall line 35 make health care expenditures for each employee in an amount line 36 per hour worked on the development equivalent to at least the line 37 hourly pro rata cost of a Covered California Platinum level plan line 38 for two adults 40 years of age and two dependents 0 to 14 years line 39 of age for the Covered California rating area in which the line 40 development is located. A contractor without construction craft 99 SB 423 — 20 —

line 1 employees shall show a contractual obligation that its line 2 subcontractors comply with this clause. Qualifying expenditures line 3 shall be credited toward compliance with prevailing wage payment line 4 requirements set forth in this paragraph.
line 5 (iv)  (I)  The development proponent shall provide to the local line 6 government, on a monthly basis while its construction contracts line 7 on the development are being performed, a report demonstrating line 8 compliance with clauses (ii) and (iii). The reports shall be line 9 considered public records under the California Public Records line 10 Act (Division 10 (commencing with Section 7920.000) of Title 1), line 11 and shall be open to public inspection.
line 12 (II)  A development proponent that fails to provide the monthly line 13 report shall be subject to a civil penalty for each month for which line 14 the report has not been provided, in the amount of 10 percent of line 15 the dollar value of construction work performed by that contractor line 16 on the development in the month in question, up to a maximum of line 17 ten thousand dollars ($10,000). Any contractor or subcontractor line 18 that fails to comply with clauses (ii) and (iii) shall be subject to a line 19 civil penalty of two hundred dollars ($200) per day for each worker line 20 employed in contravention of clauses (ii) and (iii). line 21 (III)  Penalties may be assessed by the Labor Commissioner line 22 within 18 months of completion of the development using the line 23 procedures for issuance of civil wage and penalty assessments line 24 specified in Section 1741 of the Labor Code, and may be reviewed line 25 pursuant to Section 1742 of the Labor Code. Penalties shall be line 26 deposited in the State Public Works Enforcement Fund established line 27 pursuant to Section 1771.3 of the Labor Code.
line 28 (v)  Each construction contractor shall maintain and verify line 29 payroll records pursuant to Section 1776 of the Labor Code. Each line 30 construction contractor shall submit payroll records directly to line 31 the Labor Commissioner at least monthly in a format prescribed line 32 by the Labor Commissioner in accordance with subparagraph (A) line 33 of paragraph (3) of subdivision (a) of Section 1771.4 of the Labor line 34 Code. The records shall include a statement of fringe benefits. line 35 Upon request by a joint labor-management cooperation committee line 36 established pursuant to the Federal Labor Management line 37 Cooperation Act of 1978 (29 U.S.C. Sec. 175a), the records shall line 38 be provided pursuant to subdivision (e) of Section 1776 of the line 39 Labor Code.
99 — 21 — SB 423

line 1 (vi)  All construction contractors shall report any change in line 2 apprenticeship program participation or health care expenditures line 3 to the local government within 10 business days, and shall reflect line 4 those changes on the monthly report. The reports shall be line 5 considered public records pursuant to the California Public line 6 Records Act (Division 10 (commencing with Section 7920.000) of line 7 Title 1) and shall be open to public inspection. line 8 (vii)  A joint labor-management cooperation committee line 9 established pursuant to the Federal Labor Management line 10 Cooperation Act of 1978 (29 U.S.C. Sec. 175a) shall have standing line 11 to sue a construction contractor for failure to make health care line 12 expenditures pursuant to clause (iii) in accordance with Section line 13 218.7 or 218.8 of the Labor Code.
line 14 (9)  Notwithstanding paragraph (8), a development that is subject line 15 to approval pursuant to this section is exempt from any requirement line 16 to pay prevailing wages, use a workforce participating in an line 17 apprenticeship, or provide health care expenditures if it satisfies line 18 both of the following:
line 19 (A)  The project consists of 10 or fewer units. line 20 (B)  The project is not a public work for purposes of Chapter 1 line 21 (commencing with Section 1720) of Part 7 of Division 2 of the line 22 Labor Code.
line 23 (10)  The development shall not be upon an existing parcel of line 24 land or site that is governed under the Mobilehome Residency Law line 25 (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2 line 26 of Division 2 of the Civil Code), the Recreational Vehicle Park line 27 Occupancy Law (Chapter 2.6 (commencing with Section 799.20) line 28 of Title 2 of Part 2 of Division 2 of the Civil Code), the line 29 Mobilehome Parks Act (Part 2.1 (commencing with Section 18200) line 30 of Division 13 of the Health and Safety Code), or the Special line 31 Occupancy Parks Act (Part 2.3 (commencing with Section 18860) line 32 of Division 13 of the Health and Safety Code).
line 33 (b)  (1)  (A)  (i)  Before submitting an application for a line 34 development subject to the streamlined, ministerial approval line 35 process described in subdivision (c), the development proponent line 36 shall submit to the local government a notice of its intent to submit line 37 an application. The notice of intent shall be in the form of a line 38 preliminary application that includes all of the information line 39 described in Section 65941.1, as that section read on January 1, line 40 2020.
99 SB 423 — 22 —

line 1 (ii)  Upon receipt of a notice of intent to submit an application line 2 described in clause (i), the local government shall engage in a line 3 scoping consultation regarding the proposed development with line 4 any California Native American tribe that is traditionally and line 5 culturally affiliated with the geographic area, as described in line 6 Section 21080.3.1 of the Public Resources Code, of the proposed line 7 development. In order to expedite compliance with this subdivision, line 8 the local government shall contact the Native American Heritage line 9 Commission for assistance in identifying any California Native line 10 American tribe that is traditionally and culturally affiliated with line 11 the geographic area of the proposed development. line 12 (iii)  The timeline for noticing and commencing a scoping line 13 consultation in accordance with this subdivision shall be as follows:
line 14 (I)  The local government shall provide a formal notice of a line 15 development proponent’s notice of intent to submit an application line 16 described in clause (i) to each California Native American tribe line 17 that is traditionally and culturally affiliated with the geographic line 18 area of the proposed development within 30 days of receiving that line 19 notice of intent. The formal notice provided pursuant to this line 20 subclause shall include all of the following:
line 21 (ia)  A description of the proposed development. line 22 (ib)  The location of the proposed development. line 23 (ic)  An invitation to engage in a scoping consultation in line 24 accordance with this subdivision.
line 25 (II)  Each California Native American tribe that receives a formal line 26 notice pursuant to this clause shall have 30 days from the receipt line 27 of that notice to accept the invitation to engage in a scoping line 28 consultation.
line 29 (III)  If the local government receives a response accepting an line 30 invitation to engage in a scoping consultation pursuant to this line 31 subdivision, the local government shall commence the scoping line 32 consultation within 30 days of receiving that response. line 33 (B)  The scoping consultation shall recognize that California line 34 Native American tribes traditionally and culturally affiliated with line 35 a geographic area have knowledge and expertise concerning the line 36 resources at issue and shall take into account the cultural line 37 significance of the resource to the culturally affiliated California line 38 Native American tribe.
line 39 (C)  The parties to a scoping consultation conducted pursuant line 40 to this subdivision shall be the local government and any California 99 — 23 — SB 423

line 1 Native American tribe traditionally and culturally affiliated with line 2 the geographic area of the proposed development. More than one line 3 California Native American tribe traditionally and culturally line 4 affiliated with the geographic area of the proposed development line 5 may participate in the scoping consultation. However, the local line 6 government, upon the request of any California Native American line 7 tribe traditionally and culturally affiliated with the geographic area line 8 of the proposed development, shall engage in a separate scoping line 9 consultation with that California Native American tribe. The line 10 development proponent and its consultants may participate in a line 11 scoping consultation process conducted pursuant to this subdivision line 12 if all of the following conditions are met:
line 13 (i)  The development proponent and its consultants agree to line 14 respect the principles set forth in this subdivision. line 15 (ii)  The development proponent and its consultants engage in line 16 the scoping consultation in good faith.
line 17 (iii)  The California Native American tribe participating in the line 18 scoping consultation approves the participation of the development line 19 proponent and its consultants. The California Native American line 20 tribe may rescind its approval at any time during the scoping line 21 consultation, either for the duration of the scoping consultation or line 22 with respect to any particular meeting or discussion held as part line 23 of the scoping consultation.
line 24 (D)  The participants to a scoping consultation pursuant to this line 25 subdivision shall comply with all of the following confidentiality line 26 requirements:
line 27 (i)  Section 7927.000.
line 28 (ii)  Section 7927.005.
line 29 (iii)  Subdivision (c) of Section 21082.3 of the Public Resources line 30 Code.
line 31 (iv)  Subdivision (d) of Section 15120 of Title 14 of the line 32 California Code of Regulations.
line 33 (v)  Any additional confidentiality standards adopted by the line 34 California Native American tribe participating in the scoping line 35 consultation.
line 36 (E)  The California Environmental Quality Act (Division 13 line 37 (commencing with Section 21000) of the Public Resources Code) line 38 shall not apply to a scoping consultation conducted pursuant to line 39 this subdivision.
99 SB 423 — 24 —

line 1 (2)  (A)  If, after concluding the scoping consultation, the parties line 2 find that no potential tribal cultural resource would be affected by line 3 the proposed development, the development proponent may submit line 4 an application for the proposed development that is subject to the line 5 streamlined, ministerial approval process described in subdivision line 6 (c).
line 7 (B)  If, after concluding the scoping consultation, the parties line 8 find that a potential tribal cultural resource could be affected by line 9 the proposed development and an enforceable agreement is line 10 documented between the California Native American tribe and the line 11 local government on methods, measures, and conditions for tribal line 12 cultural resource treatment, the development proponent may submit line 13 the application for a development subject to the streamlined, line 14 ministerial approval process described in subdivision (c). The local line 15 government shall ensure that the enforceable agreement is included line 16 in the requirements and conditions for the proposed development. line 17 (C)  If, after concluding the scoping consultation, the parties line 18 find that a potential tribal cultural resource could be affected by line 19 the proposed development and an enforceable agreement is not line 20 documented between the California Native American tribe and the line 21 local government regarding methods, measures, and conditions line 22 for tribal cultural resource treatment, the development shall not line 23 be eligible for the streamlined, ministerial approval process line 24 described in subdivision (c).
line 25 (D)  For purposes of this paragraph, a scoping consultation shall line 26 be deemed to be concluded if either of the following occur:
line 27 (i)  The parties to the scoping consultation document an line 28 enforceable agreement concerning methods, measures, and line 29 conditions to avoid or address potential impacts to tribal cultural line 30 resources that are or may be present.
line 31 (ii)  One or more parties to the scoping consultation, acting in line 32 good faith and after reasonable effort, conclude that a mutual line 33 agreement on methods, measures, and conditions to avoid or line 34 address impacts to tribal cultural resources that are or may be line 35 present cannot be reached.
line 36 (E)  If the development or environmental setting substantially line 37 changes after the completion of the scoping consultation, the local line 38 government shall notify the California Native American tribe of line 39 the changes and engage in a subsequent scoping consultation if line 40 requested by the California Native American tribe. 99 — 25 — SB 423

line 1 (3)  A local government may only accept an application for line 2 streamlined, ministerial approval pursuant to this section if one of line 3 the following applies:
line 4 (A)  A California Native American tribe that received a formal line 5 notice of the development proponent’s notice of intent to submit line 6 an application pursuant to subclause (I) of clause (iii) of line 7 subparagraph (A) of paragraph (1) did not accept the invitation to line 8 engage in a scoping consultation.
line 9 (B)  The California Native American tribe accepted an invitation line 10 to engage in a scoping consultation pursuant to subclause (II) of line 11 clause (iii) of subparagraph (A) of paragraph (1) but substantially line 12 failed to engage in the scoping consultation after repeated line 13 documented attempts by the local government to engage the line 14 California Native American tribe.
line 15 (C)  The parties to a scoping consultation pursuant to this line 16 subdivision find that no potential tribal cultural resource will be line 17 affected by the proposed development pursuant to subparagraph line 18 (A) of paragraph (2).
line 19 (D)  A scoping consultation between a California Native line 20 American tribe and the local government has occurred in line 21 accordance with this subdivision and resulted in agreement line 22 pursuant to subparagraph (B) of paragraph (2).
line 23 (4)  A project shall not be eligible for the streamlined, ministerial line 24 process described in subdivision (c) if any of the following apply:
line 25 (A)  There is a tribal cultural resource that is on a national, state, line 26 tribal, or local historic register list located on the site of the project. line 27 (B)  There is a potential tribal cultural resource that could be line 28 affected by the proposed development and the parties to a scoping line 29 consultation conducted pursuant to this subdivision do not line 30 document an enforceable agreement on methods, measures, and line 31 conditions for tribal cultural resource treatment, as described in line 32 subparagraph (C) of paragraph (2).
line 33 (C)  The parties to a scoping consultation conducted pursuant line 34 to this subdivision do not agree as to whether a potential tribal line 35 cultural resource will be affected by the proposed development. line 36 (5)  (A)  If, after a scoping consultation conducted pursuant to line 37 this subdivision, a project is not eligible for the streamlined, line 38 ministerial process described in subdivision (c) for any or all of line 39 the following reasons, the local government shall provide written line 40 documentation of that fact, and an explanation of the reason for 99 SB 423 — 26 —

line 1 which the project is not eligible, to the development proponent line 2 and to any California Native American tribe that is a party to that line 3 scoping consultation:
line 4 (i)  There is a tribal cultural resource that is on a national, state, line 5 tribal, or local historic register list located on the site of the project, line 6 as described in subparagraph (A) of paragraph (4). line 7 (ii)  The parties to the scoping consultation have not documented line 8 an enforceable agreement on methods, measures, and conditions line 9 for tribal cultural resource treatment, as described in subparagraph line 10 (C) of paragraph (2) and subparagraph (B) of paragraph (4). line 11 (iii)  The parties to the scoping consultation do not agree as to line 12 whether a potential tribal cultural resource will be affected by the line 13 proposed development, as described in subparagraph (C) of line 14 paragraph (4).
line 15 (B)  The written documentation provided to a development line 16 proponent pursuant to this paragraph shall include information on line 17 how the development proponent may seek a conditional use permit line 18 or other discretionary approval of the development from the local line 19 government.
line 20 (6)  This section is not intended, and shall not be construed, to line 21 limit consultation and discussion between a local government and line 22 a California Native American tribe pursuant to other applicable line 23 law, confidentiality provisions under other applicable law, the line 24 protection of religious exercise to the fullest extent permitted under line 25 state and federal law, or the ability of a California Native American line 26 tribe to submit information to the local government or participate line 27 in any process of the local government.
line 28 (7)  For purposes of this subdivision:
line 29 (A)  “Consultation” means the meaningful and timely process line 30 of seeking, discussing, and considering carefully the views of line 31 others, in a manner that is cognizant of all parties’ cultural values line 32 and, where feasible, seeking agreement. Consultation between line 33 local governments and Native American tribes shall be conducted line 34 in a way that is mutually respectful of each party’s sovereignty. line 35 Consultation shall also recognize the tribes’ potential needs for line 36 confidentiality with respect to places that have traditional tribal line 37 cultural importance. A lead agency shall consult the tribal line 38 consultation best practices described in the “State of California line 39 Tribal Consultation Guidelines: Supplement to the General Plan line 40 Guidelines” prepared by the Office of Planning and Research. 99 — 27 — SB 423

line 1 (B)  “Scoping” means the act of participating in early discussions line 2 or investigations between the local government and California line 3 Native American tribe, and the development proponent if line 4 authorized by the California Native American tribe, regarding the line 5 potential effects a proposed development could have on a potential line 6 tribal cultural resource, as defined in Section 21074 of the Public line 7 Resources Code, or California Native American tribe, as defined line 8 in Section 21073 of the Public Resources Code.
line 9 (8)  This subdivision shall not apply to any project that has been line 10 approved under the streamlined, ministerial approval process line 11 provided under this section before the effective date of the act line 12 adding this subdivision.
line 13 (c)  (1)  If a local government government’s planning director line 14 or any equivalent local government staff, including all relevant line 15 planning and permitting departments, determines that a line 16 development submitted pursuant to this section is consistent with line 17 the objective planning standards specified in subdivision (a) and line 18 pursuant to paragraph (3) of this subdivision, it shall approve the line 19 development. If a local government determines Upon a line 20 determination that a development submitted pursuant to this section line 21 is in conflict with any of the objective planning standards specified line 22 in subdivision (a), it the local government staff or relevant local line 23 planning and permitting department that made the determination line 24 shall provide the development proponent written documentation line 25 of which standard or standards the development conflicts with, line 26 and an explanation for the reason or reasons the development line 27 conflicts with that standard or standards, as follows:
line 28 (A)  Within 60 days of submittal of the development to the local line 29 government pursuant to this section if the development contains line 30 150 or fewer housing units.
line 31 (B)  Within 90 days of submittal of the development to the local line 32 government pursuant to this section if the development contains line 33 more than 150 housing units.
line 34 (2)  If the local government government’s planning director or line 35 any equivalent local government staff fails to provide the required line 36 documentation pursuant to paragraph (1), the development shall line 37 be deemed to satisfy the objective planning standards specified in line 38 subdivision (a).
line 39 (3)  For purposes of this section, a development is consistent line 40 with the objective planning standards specified in subdivision (a) 99 SB 423 — 28 —

line 1 if there is substantial evidence that would allow a reasonable person line 2 to conclude that the development is consistent with the objective line 3 planning standards. The local government shall not determine that line 4 a development, including an application for a modification under line 5 subdivision (g), is in conflict with the objective planning standards line 6 on the basis that application materials are not included, if the line 7 application contains substantial evidence that would allow a line 8 reasonable person to conclude that the development is consistent line 9 with the objective planning standards.
line 10 (4)  For purposes of evaluating consistency with the objective line 11 planning standards under this section, the local government shall line 12 not require a development proponent to provide consultant studies line 13 requiring presubmittal scope approval by the local government line 14 or other studies or materials that are unnecessary to ascertain line 15 consistency with the objective planning standards. line 16 (d)  (1)  Any design review or public oversight of the line 17 development may be conducted by the local government’s planning line 18 commission or any equivalent board or commission responsible line 19 for review and approval of development projects, or the city council line 20 or board of supervisors, as appropriate. design review. That design line 21 review or public oversight shall be objective and be strictly focused line 22 on assessing compliance with criteria required for streamlined line 23 projects, as well as any reasonable objective design standards line 24 published and adopted by ordinance or resolution by a local line 25 jurisdiction before submission of a development application, and line 26 shall be broadly applicable to development within the jurisdiction. line 27 That design review or public oversight shall be completed, and if line 28 the development is consistent with all objective standards, the local line 29 government shall approve the development as follows and shall line 30 not in any way inhibit, chill, or preclude the ministerial approval line 31 provided by this section or its effect, as applicable:
line 32 (A)  Within 90 days of submittal of the development to the local line 33 government pursuant to this section if the development contains line 34 150 or fewer housing units.
line 35 (B)  Within 180 days of submittal of the development to the line 36 local government pursuant to this section if the development line 37 contains more than 150 housing units.
line 38 (2)  If the development is consistent with the requirements of line 39 subparagraph (A) or (B) of paragraph (9) of subdivision (a) and line 40 is consistent with all objective subdivision standards in the local 99 — 29 — SB 423

line 1 subdivision ordinance, an application for a subdivision pursuant line 2 to the Subdivision Map Act (Division 2 (commencing with Section line 3 66410)) shall be exempt from the requirements of the California line 4 Environmental Quality Act (Division 13 (commencing with Section line 5 21000) of the Public Resources Code) and shall be subject to the line 6 public oversight timelines set forth in paragraph (1). line 7 (3)  If a local government determines that a development line 8 submitted pursuant to this section is in conflict with any of the line 9 standards imposed pursuant to paragraph (1), it shall provide the line 10 development proponent written documentation of which objective line 11 standard or standards the development conflicts with, and an line 12 explanation for the reason or reasons the development conflicts line 13 with that objective standard or standards consistent with the line 14 timelines described in paragraph (1) of subdivision (c). line 15 (e)  (1)  Notwithstanding any other law, a local government, line 16 whether or not it has adopted an ordinance governing automobile line 17 parking requirements in multifamily developments, shall not line 18 impose automobile parking standards for a streamlined line 19 development that was approved pursuant to this section in any of line 20 the following instances:
line 21 (A)  The development is located within one-half mile of public line 22 transit.
line 23 (B)  The development is located within an architecturally and line 24 historically significant historic district.
line 25 (C)  When on-street parking permits are required but not offered line 26 to the occupants of the development.
line 27 (D)  When there is a car share vehicle located within one block line 28 of the development.
line 29 (2)  If the development does not fall within any of the categories line 30 described in paragraph (1), the local government shall not impose line 31 automobile parking requirements for streamlined developments line 32 approved pursuant to this section that exceed one parking space line 33 per unit.
line 34 (f)  (1)  If a local government approves a development pursuant line 35 to this section, then, notwithstanding any other law, that approval line 36 shall not expire if the project satisfies both of the following line 37 requirements:
line 38 (A)  The project includes public investment in housing line 39 affordability, beyond tax credits.
99 SB 423 — 30 —

line 1 (B)  At least 50 percent of the units are affordable to households line 2 making at or below 80 percent of the area median income. line 3 (2)  (A)  If a local government approves a development pursuant line 4 to this section, and the project does not satisfy the requirements line 5 of subparagraphs (A) and (B) of paragraph (1), that approval shall line 6 remain valid for three years from the date of the final action line 7 establishing that approval, or if litigation is filed challenging that line 8 approval, from the date of the final judgment upholding that line 9 approval. Approval shall remain valid for a project provided line 10 construction activity, including demolition and grading activity, line 11 on the development site has begun pursuant to a permit issued by line 12 the local jurisdiction and is in progress. For purposes of this line 13 subdivision, “in progress” means one of the following:
line 14 (i)  The construction has begun and has not ceased for more than line 15 180 days.
line 16 (ii)  If the development requires multiple building permits, an line 17 initial phase has been completed, and the project proponent has line 18 applied for and is diligently pursuing a building permit for a line 19 subsequent phase, provided that once it has been issued, the line 20 building permit for the subsequent phase does not lapse. line 21 (B)  Notwithstanding subparagraph (A), a local government may line 22 grant a project a one-time, one-year extension if the project line 23 proponent can provide documentation that there has been line 24 significant progress toward getting the development construction line 25 ready, such as filing a building permit application. line 26 (3)  If the development proponent requests a modification line 27 pursuant to subdivision (g), then the time during which the approval line 28 shall remain valid shall be extended for the number of days line 29 between the submittal of a modification request and the date of its line 30 final approval, plus an additional 180 days to allow time to obtain line 31 a building permit. If litigation is filed relating to the modification line 32 request, the time shall be further extended during the pendency of line 33 the litigation. The extension required by this paragraph shall only line 34 apply to the first request for a modification submitted by the line 35 development proponent.
line 36 (4)  The amendments made to this subdivision by the act that line 37 added this paragraph shall also be retroactively applied to line 38 developments approved prior to January 1, 2022. line 39 (g)  (1)  (A)  A development proponent may request a line 40 modification to a development that has been approved under the 99 — 31 — SB 423

line 1 streamlined, ministerial approval process provided in subdivision line 2 (c) if that request is submitted to the local government before the line 3 issuance of the final building permit required for construction of line 4 the development.
line 5 (B)  Except as provided in paragraph (3), the local government line 6 shall approve a modification if it determines that the modification line 7 is consistent with the objective planning standards specified in line 8 subdivision (a) that were in effect when the original development line 9 application was first submitted.
line 10 (C)  The local government shall evaluate any modifications line 11 requested pursuant to this subdivision for consistency with the line 12 objective planning standards using the same assumptions and line 13 analytical methodology that the local government originally used line 14 to assess consistency for the development that was approved for line 15 streamlined, ministerial approval pursuant to subdivision (c). line 16 (D)  A guideline that was adopted or amended by the department line 17 pursuant to subdivision (l) (m) after a development was approved line 18 through the streamlined, ministerial approval process described in line 19 subdivision (c) shall not be used as a basis to deny proposed line 20 modifications.
line 21 (2)  Upon receipt of the development proponent’s application line 22 requesting a modification, the local government shall determine line 23 if the requested modification is consistent with the objective line 24 planning standard and either approve or deny the modification line 25 request within 60 days after submission of the modification, or line 26 within 90 days if design review is required.
line 27 (3)  Notwithstanding paragraph (1), the local government may line 28 apply objective planning standards adopted after the development line 29 application was first submitted to the requested modification in line 30 any of the following instances:
line 31 (A)  The development is revised such that the total number of line 32 residential units or total square footage of construction changes line 33 by 15 percent or more. The calculation of the square footage of line 34 construction changes shall not include underground space. line 35 (B)  The development is revised such that the total number of line 36 residential units or total square footage of construction changes line 37 by 5 percent or more and it is necessary to subject the development line 38 to an objective standard beyond those in effect when the line 39 development application was submitted in order to mitigate or line 40 avoid a specific, adverse impact, as that term is defined in 99 SB 423 — 32 —

line 1 subparagraph (A) of paragraph (1) of subdivision (j) of Section line 2 65589.5, upon the public health or safety and there is no feasible line 3 alternative method to satisfactorily mitigate or avoid the adverse line 4 impact. The calculation of the square footage of construction line 5 changes shall not include underground space.
line 6 (C)  (i)  Objective building standards contained in the California line 7 Building Standards Code (Title 24 of the California Code of line 8 Regulations), including, but not limited to, building plumbing, line 9 electrical, fire, and grading codes, may be applied to all line 10 modification applications that are submitted prior to the first line 11 building permit application. Those standards may be applied to line 12 modification applications submitted after the first building permit line 13 application if agreed to by the development proponent. line 14 (ii)  The amendments made to clause (i) by the act that added line 15 clause (i) shall also be retroactively applied to modification line 16 applications submitted prior to January 1, 2022. line 17 (4)  The local government’s review of a modification request line 18 pursuant to this subdivision shall be strictly limited to determining line 19 whether the modification, including any modification to previously line 20 approved density bonus concessions or waivers, modify the line 21 development’s consistency with the objective planning standards line 22 and shall not reconsider prior determinations that are not affected line 23 by the modification.
line 24 (h)  (1)  A local government shall not adopt or impose any line 25 requirement, including, but not limited to, increased fees or line 26 inclusionary housing requirements, that applies to a project solely line 27 or partially on the basis that the project is eligible to receive line 28 ministerial or streamlined approval pursuant to this section. line 29 (2)  (A)  A local government shall issue a subsequent permit line 30 required for a development approved under this section if the line 31 application substantially complies with the development as it was line 32 approved pursuant to subdivision (c). Upon receipt of an line 33 application for a subsequent permit, the local government shall line 34 process the permit without unreasonable delay and shall not impose line 35 any procedure or requirement that is not imposed on projects that line 36 are not approved pursuant to this section. The local government line 37 shall consider the application for subsequent permits based upon line 38 the objective standards specified in any state or local laws that line 39 were in effect when the original development application was line 40 submitted, unless the development proponent agrees to a change 99 — 33 — SB 423

line 1 in objective standards. Issuance of subsequent permits shall line 2 implement the approved development, and review of the permit line 3 application shall not inhibit, chill, or preclude the development. line 4 For purposes of this paragraph, a “subsequent permit” means a line 5 permit required subsequent to receiving approval under subdivision line 6 (c), and includes, but is not limited to, demolition, grading, line 7 encroachment, and building permits and final maps, if necessary. line 8 (B)  The amendments made to subparagraph (A) by the act that line 9 added this subparagraph shall also be retroactively applied to line 10 subsequent permit applications submitted prior to January 1, 2022. line 11 (3)  (A)  If a public improvement is necessary to implement a line 12 development that is subject to the streamlined, ministerial approval line 13 pursuant to this section, including, but not limited to, a bicycle line 14 lane, sidewalk or walkway, public transit stop, driveway, street line 15 paving or overlay, a curb or gutter, a modified intersection, a street line 16 sign or street light, landscape or hardscape, an above-ground or line 17 underground utility connection, a water line, fire hydrant, storm line 18 or sanitary sewer connection, retaining wall, and any related work, line 19 and that public improvement is located on land owned by the local line 20 government, to the extent that the public improvement requires line 21 approval from the local government, the local government shall line 22 not exercise its discretion over any approval relating to the public line 23 improvement in a manner that would inhibit, chill, or preclude the line 24 development.
line 25 (B)  If an application for a public improvement described in line 26 subparagraph (A) is submitted to a local government, the local line 27 government shall do all of the following:
line 28 (i)  Consider the application based upon any objective standards line 29 specified in any state or local laws that were in effect when the line 30 original development application was submitted. line 31 (ii)  Conduct its review and approval in the same manner as it line 32 would evaluate the public improvement if required by a project line 33 that is not eligible to receive ministerial or streamlined approval line 34 pursuant to this section.
line 35 (C)  If an application for a public improvement described in line 36 subparagraph (A) is submitted to a local government, the local line 37 government shall not do either of the following:
line 38 (i)  Adopt or impose any requirement that applies to a project line 39 solely or partially on the basis that the project is eligible to receive line 40 ministerial or streamlined approval pursuant to this section. 99 SB 423 — 34 —

line 1 (ii)  Unreasonably delay in its consideration, review, or approval line 2 of the application.
line 3 (i)  (1)  This section shall not affect a development proponent’s line 4 ability to use any alternative streamlined by right permit processing line 5 adopted by a local government, including the provisions of line 6 subdivision (i) of Section 65583.2.
line 7 (2)  This section shall not prevent a development from also line 8 qualifying as a housing development project entitled to the line 9 protections of Section 65589.5. This paragraph does not constitute line 10 a change in, but is declaratory of, existing law. line 11 (j)  The California Environmental Quality Act (Division 13 line 12 (commencing with Section 21000) of the Public Resources Code) line 13 does not apply to actions taken by a state agency, local government, line 14 or the San Francisco Bay Area Rapid Transit District to:
line 15 (1)  Lease, convey, or encumber land owned by the local line 16 government or the San Francisco Bay Area Rapid Transit District line 17 or to facilitate the lease, conveyance, or encumbrance of land line 18 owned by the local government, or for the lease of land owned by line 19 the San Francisco Bay Area Rapid Transit District in association line 20 with an eligible TOD project, as defined pursuant to Section line 21 29010.1 of the Public Utilities Code, nor to any decisions line 22 associated with that lease, or to provide financial assistance to a line 23 development that receives streamlined approval pursuant to this line 24 section that is to be used for housing for persons and families of line 25 very low, low, or moderate income, as defined in Section 50093 line 26 of the Health and Safety Code.
line 27 (2)  Approve improvements located on land owned by the local line 28 government or the San Francisco Bay Area Rapid Transit District line 29 that are necessary to implement a development that receives line 30 streamlined approval pursuant to this section that is to be used for line 31 housing for persons and families of very low, low, or moderate line 32 income, as defined in Section 50093 of the Health and Safety Code. line 33 (k)  For purposes of establishing the total number of units in a line 34 development under this chapter, a development or development line 35 project includes both of the following:
line 36 (1)  All projects developed on a site, regardless of when those line 37 developments occur.
line 38 (2)  All projects developed on sites adjacent to a site developed line 39 pursuant to this chapter if, after January 1, 2023, the adjacent site 99 — 35 — SB 423

line 1 had been subdivided from the site developed pursuant to this line 2 chapter.
line 3 (k)
line 4 (l)  For purposes of this section, the following terms have the line 5 following meanings:
line 6 (1)  “Affordable housing cost” has the same meaning as set forth line 7 in Section 50052.5 of the Health and Safety Code. line 8 (2)  (A)  Subject to the qualification provided by subparagraph line 9 (B), subparagraphs (B) and (C), “affordable rent” has the same line 10 meaning as set forth in Section 50053 of the Health and Safety line 11 Code.
line 12 (B)  For a development for which an application pursuant to this line 13 section was submitted prior to January 1, 2019, that includes 500 line 14 units or more of housing, and that dedicates 50 percent of the total line 15 number of units, before calculating any density bonus, to housing line 16 affordable to households making at, or below, 80 percent of the line 17 area median income, affordable rent for at least 30 percent of these line 18 units shall be set at an affordable rent as defined in subparagraph line 19 (A) and “affordable rent” for the remainder of these units shall line 20 mean a rent that is consistent with the maximum rent levels for a line 21 housing development that receives an allocation of state or federal line 22 low-income housing tax credits from the California Tax Credit line 23 Allocation Committee.
line 24 (C)  For a development that dedicates 100 percent of units, line 25 exclusive of a manager’s unit or units, to lower income households, line 26 “affordable rent” shall mean a rent that is consistent with the line 27 maximum rent levels stipulated by the public program providing line 28 financing for the development.
line 29 (3)  “Department” means the Department of Housing and line 30 Community Development.
line 31 (4)  “Development proponent” means the developer who submits line 32 an application for streamlined approval a housing development line 33 project application to a local government under the streamlined, line 34 ministerial review process pursuant to this section. line 35 (5)  “Completed entitlements” means a housing development line 36 that has received all the required land use approvals or entitlements line 37 necessary for the issuance of a building permit. line 38 (6)  “Health care expenditures” include contributions under line 39 Section 401(a), 501(c), or 501(d) of the Internal Revenue Code 99 SB 423 — 36 —

line 1 and payments toward “medical care,” as defined in Section line 2 213(d)(1) of the Internal Revenue Code.
line 3 (7)  “Housing development project” has the same meaning as line 4 in Section 65589.5.
line 5 (6)
line 6 (8)  “Locality” or “local government” means a city, including a line 7 charter city, a county, including a charter county, or a city and line 8 county, including a charter city and county.
line 9 (7)  “Moderate income
line 10 (9)  “Moderate-income housing units” means housing units with line 11 an affordable housing cost or affordable rent for persons and line 12 families of moderate income, as that term is defined in Section line 13 50093 of the Health and Safety Code.
line 14 (10)  “Objective planning standards” shall not include standards line 15 in the California Building Standards Code (Title 24 of the line 16 California Code of Regulations), local building codes, fire codes, line 17 noise ordinances, other codes requiring detailed technical line 18 specifications, studies that are evaluated with subsequent permits, line 19 or other standards that are not reasonably ascertainable by the line 20 local government within the time limits set forth in subdivisions line 21 (c) and (d). Excluded objective planning standards include, but line 22 are not limited to, construction logistics plans, plumbing plans, line 23 electrical plans, grading, excavation plans, geotechnical studies, line 24 and offsite public improvement plans.
line 25 (8)
line 26 (11)  “Production report” means the information reported line 27 pursuant to subparagraph (H) of paragraph (2) of subdivision (a) line 28 of Section 65400.
line 29 (9)
line 30 (12)  “State agency” includes every state office, officer, line 31 department, division, bureau, board, and commission, but does not line 32 include the California State University or the University of line 33 California.
line 34 (10)  “Subsidized” means units that are price or rent restricted line 35 such that the units are affordable to households meeting the line 36 definitions of very low and lower income, as defined in Sections line 37 50079.5 and 50105 of the Health and Safety Code. line 38 (11)
line 39 (13)  “Reporting period” means either of the following:
99 — 37 — SB 423

line 1 (A)  The first half of the regional housing needs assessment line 2 cycle.
line 3 (B)  The last half of the regional housing needs assessment cycle. line 4 (12)
line 5 (14)  “Urban uses” means any current or former residential, line 6 commercial, public institutional, transit or transportation passenger line 7 facility, or retail use, or any combination of those uses. line 8 (l)
line 9 (m)  The department may review, adopt, amend, and repeal line 10 guidelines to implement uniform standards or criteria that line 11 supplement or clarify the terms, references, or standards set forth line 12 in this section. Any guidelines or terms adopted pursuant to this line 13 subdivision shall not be subject to Chapter 3.5 (commencing with line 14 Section 11340) of Part 1 of Division 3 of Title 2 of the Government line 15 Code.
line 16 (m)
line 17 (n)  The determination of whether an application for a line 18 development is subject to the streamlined ministerial approval line 19 process provided by subdivision (c) is not a “project” as defined line 20 in Section 21065 of the Public Resources Code.
line 21 (o)  Notwithstanding any law, for purposes of this section and line 22 for development on property owned by or leased to the state, the line 23 Department of General Services may act in the place of a locality line 24 or local government, at the discretion of the department. line 25 (p)  The provisions of clause (iii) of subparagraph (E) of line 26 paragraph (8) of subdivision (a) relating to health care line 27 expenditures are distinct and severable from the remaining line 28 provisions of this section. However, the remaining portions of line 29 paragraph (8) of subdivision (a) are a material and integral part line 30 of this section and are not severable. If any provision or application line 31 of paragraph (8) of subdivision (a) is held invalid, this entire line 32 section shall be null and void.
line 33 (n)
line 34 (q)  It is the policy of the state that this section be interpreted line 35 and implemented in a manner to afford the fullest possible weight line 36 to the interest of, and the approval and provision of, increased line 37 housing supply.
line 38 (o)  This section shall remain in effect only until January 1, 2026, line 39 and as of that date is repealed.
99 SB 423 — 38 —

line 1 SEC. 3. The Legislature finds and declares that ensuring access line 2 to affordable housing is a matter of statewide concern and is not line 3 a municipal affair as that term is used in Section 5 of Article XI line 4 of the California Constitution. Therefore, Section 2 of this act line 5 amending Section 65913.4 of the Government Code applies to all line 6 cities, including charter cities.
line 7 SEC. 4. No reimbursement is required by this act pursuant to line 8 Section 6 of Article XIIIB of the California Constitution because line 9 a local agency or school district has the authority to levy service line 10 charges, fees, or assessments sufficient to pay for the program or line 11 level of service mandated by this act or because costs that may be line 12 incurred by a local agency or school district will be incurred line 13 because this act creates a new crime or infraction, eliminates a line 14 crime or infraction, or changes the penalty for a crime or infraction, line 15 within the meaning of Section 17556 of the Government Code, or line 16 changes the definition of a crime within the meaning of Section 6 line 17 of Article XIIIB of the California Constitution.

O
99 — 39 — SB 423

April 4, 2023
The Honorable Scott Wiener
Chair, Senate Committee on Housing
1021 O Street, Suite 3330
Sacramento, CA 95814
RE: SB 423 (Wiener) Streamlined housing approvals: multifamily housing developments: SB 35 (Chapter 366, Statutes of 2017) Expansion. Notice of Opposition Dear Senator Wiener:

The City of Yorba Linda writes to express our opposition to your measure, SB 423, which would greatly expand SB 35 (Chapter 366, Statutes of 2017) provisions and eliminate the January 1, 2026 sunset date.

On any given day, newspaper headlines in California and across the nation are highlighting the state’s growing housing supply and affordability crisis. Seven in ten Californians view housing affordability as one of the top problems in their community, and there is growing concern from residents that housing prices are so expensive, younger generations will be priced out of ever being able to buy a home.

The City of Yorba Linda intimately understands this crisis as it plays out in our community every day. Local leaders are working to find creative solutions so homes of all income levels can be built. They’re taking on these difficult and complex tasks, and in many cases successfully planning for more than 2.5 million new homes statewide, all while navigating the state’s annual barrage of overreaching housing bills that have thus far demonstrated limited success.

SB 423 is the latest overreaching bill. This measure would double-down on the recent trend of the state overriding its own mandated local housing plans by forcing cities to approve certain housing projects without regard to the needs of the community, opportunities for environmental review, or public input. While it may be frustrating for some developers to address neighborhood concerns about traffic, parking, and other development impacts, those directly affected by such projects have a right to be heard. Public engagement also often leads to better projects.

Not having such outlets will increase public distrust in government and result in additional ballot measures limiting housing development.

Instead of continuing to pursue top-down, one-size-fits-all legislation, lawmakers should partner with local officials. That’s why the League of California Cities is calling on the Governor and lawmakers to include a $3 billion annual investment in the state budget to help cities prevent and reduce homelessness and spur housing development. Targeted, ongoing funding is the only way cities can find community-based solutions that get our residents off the streets and keep them in their homes. California will never produce the number of homes needed with an increasingly state driven, by-right housing approval process. What is really needed is a sustainable state investment that matches the scale of this long-term crisis.

For these reasons, the City of Yorba Linda respectfully opposes your measure.

Sincerely,
Gene Hernandez
Mayor, City of Yorba Linda
cc: Scott Wiener, Senator, 11th Senate District
Kelly Seyarto, Senator, 32nd Senate District
Phillip Chen, Assembly Member, 55th Assembly District
Young Kim, U.S. Representative, 39th District
Erin Sasse, League of Cities Regional Public Affairs Manager League of California Cities, [email protected]
Yorba Linda City Council

APRIL 4, 2023 CITY COUNCIL MEETING
CONSENT CALENDAR ITEM NO. 9 – OPPOSITION TO SENATE BILL 423 (WIENER)

REVISIONS RECEIVED AFTER POSTING OF AGENDA IN REDLINE

April 4, 2023
The Honorable Scott Wiener
Chair, Senate Committee on Housing
1021 O Street, Suite 3330
Sacramento, CA 95814
RE: SB 423 (Wiener) Streamlined housing approvals: multifamily housing developments: SB 35 (Chapter 366, Statutes of 2017) Expansion. Notice of Opposition Dear Senator Wiener:

The City of Yorba Linda writes to express our opposition to your measure, SB 423, which would greatly expand SB 35 (Chapter 366, Statutes of 2017) provisions and eliminate the January 1, 2026 sunset date.

On any given day, newspaper headlines in California and across the nation are highlighting the state’s growing housing supply and affordability crisis. Seven in ten Californians view housing affordability as one of the top problems in their community, and there is growing concern from residents that housing prices are so expensive, younger generations will be priced out of ever being able to buy a home.

The City of Yorba Linda intimately understands this crisis as it plays out in our community every day. Local leaders are working to find creative solutions so homes of all income levels can be built. They’re taking on these difficult and complex tasks, and in many cases successfully planning for more than 2.5 million new homes statewide, all while navigating the state’s annual barrage of overreaching housing bills that have thus far demonstrated limited success.

SB 423 is the latest overreaching bill. This measure would double-down on the recent trend of the state overriding its own mandated local housing plans by forcing cities to approve certain housing projects without regard to the needs of the community, opportunities for environmental review, or public input. While it may be frustrating for some developers to address neighborhood concerns about traffic, parking, and other development impacts, those directly affected by such projects have a right to be heard. Public engagement also often leads to better projects.

Not having such outlets will increase public distrust in government and result in additional ballot measures limiting housing development.

Instead of continuing to pursue top-down, one-size-fits-all legislation, lawmakers should partner with local officials. That’s why the League of California Cities is calling on the Governor and lawmakers to include a $3 billion annual investment in the state budget to help cities prevent and reduce homelessness and spur housing development. Targeted, ongoing funding is the only way cities can find community-based solutions that get our residents off the streets and keep them in their homes. California will never produce the number of homes needed with an increasingly state driven, by-right housing approval process. What is really needed is a sustainable state investment that matches the scale of this long-term crisis.

For these reasons, the City of Yorba Linda respectfully opposes your measure.

Sincerely,
Gene Hernandez
Mayor, City of Yorba Linda
cc: Scott Wiener, Senator, 11th Senate District
Kelly Seyarto, Senator, 32nd Senate District
Phillip Chen, Assembly Member, 55th 59th Assembly District Young Kim, U.S. Representative, 39th 40th District
Erin Sasse, League of Cities Regional Public Affairs Manager League of California Cities, [email protected]
Yorba Linda City Council

ADMINISTRATION DEPARTMENT
DATE: APRIL 4, 2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: MARK A. PULONE, CITY MANAGER
PREPARED BY: MARK K. AALDERS, ASSISTANT TO THE CITY

MANAGER
SUBJECT: DENIAL OF CLAIMS FOR DAMAGES – WARREN HYER AND SAFECO

INSURANCE SUBROGATION FOR WARREN HYER

RECOMMENDATION
It is recommended that the City Council of the City of Yorba Linda deny the claims for damages by Warren Hyer and SafeCo Insurance subrogation for Warren Hyer.

BACKGROUND
Claims for damages filed against the City are reviewed and investigated by City staff and a third-party claims administrator with the George Hills Company. George Hills Company specializes in claims management and risk management services. These services are provided through the City’s contract membership in the California Insurance Pool Authority.

Staff makes recommendations to the Council for settlement or denial based on the investigatory findings. A claimant’s failure to provide evidence of and/or supporting documents to substantiate the claim for damages will also result in a recommendation for denial of the claim.

DISCUSSION
Warren Hyer and SafeCo Insurance subrogation for Warren Hyer The claimants allege that the City’s tree roots damaged and blocked the property’s lateral sewer pipes/lines which led to flooding in the interior of the home.

Staff reviewed the claim documents and researched the property, specifically noting that the house was built in 1962. Based on staff’s experience and previous claims, private property lateral sewer lines were made largely of clay and cast iron. Both of which would naturally deteriorate over a 63+ year period. Per the claimant’s plumber report/estimate it clearly notes “clearing out sludge from a cast iron line” and “connect back to clay with ARC couplings” which confirms the sewer lines naturally deteriorated over an extensive length of time. Even sewer lines built with newer materials would crack or have displaced joints in a 60+ year timeframe. As a result, the tree roots found the sewage nutrients due to the leaks

DENIAL OF CLAIMS FOR DAMAGES – WARREN HYER AND SAFECO INSURANCE

SUBROGATION FOR WARREN HYER
P a g e | 2
in the deteriorated sewer pipes/lines rather than having caused the damage to the lateral sewer pipes/lines. Moreover, private property lateral sewer line maintenance and replacement is solely the property owner’s responsibility, and therefore the City is not at fault.

FISCAL IMPACT
None

ALTERNATIVES
As an alternative to staff’s recommendations for the claims, the City Council has the following options:

1. Accept liability for the claims and pay the amount specified in the claim forms.

2. Grant settlement authority up to a certain amount and direct the claims adjuster to enter into settlement negotiations with the claimants.

CITY OF YORBA LINDA

PLANNING COMMISSION

AGENDA ITEM SUMMARY
Meeting Date: March 29, 2023
Community Development Department
Planning Division
Director
David Brantley, AICP
APPROVAL OF MARCH 15, 2023, PLANNING COMMISSION MEETING MINUTES A motion by Commissioner Bernstein, Second by Commissioner Behura to approve the March 15, 2023, Planning Commission meeting minutes. The motion carried (4-0-1-0) with the following roll call vote:

AYES: Behura, Masterson, Bernstein, Singh
NOES: None
ABSENT: Pease
ABSTAIN: None
CONDITIONAL USE PERMIT 2023-05 KRUEGER
A motion by Commissioner Behura, Second by Commissioner Bernstein to adopt Resolution No. 5545 approving Conditional Use Permit 2023-05 Krueger with conditions. The motion carried (4-0-1-0) with the following roll call vote:

AYES: Bernstein, Singh, Behura, Masterson
NOES: None
ABSENT: Pease
ABSTAIN: None
CONDITIONAL USE PERMIT 2023-06 NIAMAT
A motion by Commissioner Behura, Second by Commissioner Masterson to adopt Resolution No. 5546 approving Conditional Use Permit 2023-06 Niamat with an added condition. The motion carried (4-0-1-0) with the following roll call vote:

AYES: Behura, Bernstein, Singh, Masterson
NOES: None
ABSENT: Pease
ABSTAIN: None
CONDITIONAL USE PERMIT 2023-07 KUCHEL
A motion by Commissioner Behura, Second by Commissioner Masterson adopting Resolution No. 5547 approving Conditional Use Permit 2023-07 Kuchel with conditions. The motion carried (4-0-1-0) with the following roll call vote:

AYES: Behura, Bernstein, Singh, Masterson
NOES: None
ABSENT: Pease
ABSTAIN: None Page 291 of 298
2 SIGN REQUEST 2019-04 YORBA CROSSINGS
A minute motion by Commissioner Bernstein, Second by Commissioner Behura approving Sign Request 2019-04 Yorba Crossings with conditions. The motion carried (4-0-1-0) with the following roll call vote:

AYES: Behura, Bernstein, Singh, Masterson
NOES: None
ABSENT: Pease
ABSTAIN: None
Adjournment: The meeting adjourned at 7:28 p.m. to the April 26, 2023, Planning Commission meeting at 6:30 p.m.

CITY CLERK'S OFFICE
DATE: APRIL 4, 2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: MARCIA BROWN, CMC, CITY CLERK
SUBJECT: COUNCIL COMMITTEE AND AGENCY REPORTS

RECOMMENDATION
It is recommended that the City Council receive and file this report.

DISCUSSION
City Council members serve on a number of outside committees and agencies. Attached are updates received recently from these agencies.

ATTACHMENTS

1. Reports from City Council Organizations, Agencies and Committees.

MONTHLY REPORT:

February
Monthly Year to Date (YTD) County Monthly County YTD

OPERATIONS
Service Requests Completed: 2 4 85 186
Mosquitoes: 1 2 57 119
Rats: 1 1 24 46
Rifa: 0 1 4 21
Number of Swimming Pools Treated/Inspected: 59 87 618 1,181 Hours Spent Treating/Inspecting Gutters 0 0 0 0.0
Undergrounds Treated: 0 0 0 0
Acres of Flood Channels Treated: 0.00688 0.00688 0.03458 0.03458 Acres of RIFA Treated/Inspected: 108 163 2,225 4,472
Number of Inspection Treatments: 59 114 1,495 2,703

LABORATORY
Adult Mosquitoes Collected: 0 0 484 913
Collected From Trustee Home: 0 0 0 0
Invasive Aedes 0 0 0 1
Mosquito Pools (Samples) Tested: 0 0 29 60
WNV Positive Samples: 0 0 0 0
WNV Positive Birds: 0 0 0 0
Number of Human Infections/Deaths: 0 0 0 0
Fleas, Ticks, and Others Tested: - - - 0

COMMUNICATIONS
Outreach Events Attended: 0 0 0 0
General Presentations: 0 0 1 4
Educational Program Presentations: 0 0 18 35
Calls Received - - 135 265
None at this time
Yorba Linda

PROJECTS IN COLLABORATION WITH OCMVCD

Orange County Mosquito and Vector Control District

O

COUNTY RESPONSE LEVEL / AVERAGE RATING: TOTAL 3
Normal Season (1.0 to 2.5)
Elevated Risk (2.6 to 4.0)
High Risk (4.1 to 5.0)
AVERAGE 1.00

FINANCE DEPARTMENT
DATE: APRIL 4, 2023
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: DIANNA HONEYWELL, FINANCE DIRECTOR / CITY TREASURER SUBJECT: STRATEGIC BUDGET PRIORITIES

RECOMMENDATION
It is recommended that the City Council:

1. Reaffirm the City’s Strategic Plan Core Strategies as overarching budget guidelines; and

2. Provide direction to staff regarding any specific programs, services, staffing, or capital spending that should be prioritized as staff prepares the draft two-year budget for fiscal years 2023/24 and 2024/25 for the Council’s consideration.

BACKGROUND
On March 17, 2020, the City Council adopted Resolution No. 2020-5659, approving the 2020 Yorba Linda Strategic Plan. The Strategic Plan identified a mission statement, vision statement, guiding values, a strategic plan theme and six core strategies. Furthermore, the Strategic Plan identified 30 separate goals in support of the 6 core strategies and 97 specific actions with key performance indicators that have been set to assist in achieving these goals.

The Mission Statement, Vision Statement, Guiding Values, Strategic Plan Theme and Six Core Strategies are outlined below for Council’s reference.  Mission Statement: The City of Yorba Linda enhances quality of life by providing exceptional services and amenities in a transparent and financially responsible manner that responds to and exceeds community expectations.  Vision Statement: The City of Yorba Linda is a welcoming, gracious and prestigious community that remains safe and financially sound, where families and businesses thrive.
 Guiding Values:
o Excellence – Exceeding the standard and striving to maximize performance.

STRATEGIC BUDGET PRIORITIES
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o Honesty and Integrity – Displaying honesty, ethics, and good character while always demonstrating sound judgement.
o Stewardship – Managing resources and assets of the City in a responsible, accountable and transparent manner.
o Dependability and Dedication – Being reliable and committed to serving others.
o Professionalism – Exhibiting professional conduct and carrying out duties that display technical and interpersonal excellence in a manner that exceeds the community’s expectations.
o Caring and Kindness – Commitment to serve the community by displaying compassion and empathy in a friendly and manner.
 Strategic Plan Theme: Yorba Linda…Exceptional!
 Six Core Strategies
o Strategy 1: Deliver exceptional City services in a customer-friendly manner. o Strategy 2: Maximize and strengthen the image, visual quality, and brand of the City.
o Strategy 3: Sustain and enhance the City’s long-term financial position. o Strategy 4: Ensure a safe community through continued public safety efforts. o Strategy 5: Foster long-term prosperity through economic growth and support of a vibrant business community.
o Strategy 6: Improve and expand City infrastructure, facilities and amenities.

DISCUSSION
It is commonplace in local government for budget documents to tie spending at the department level to a set of overarching organization-wide goals. While staff believes that the six core strategies listed above still support the City’s vision, mission and values are still applicable in the same or slightly modified form for the upcoming Two-Year Budget cycle, staff wished to receive the City Council’s feedback regarding proposed revisions or additions to these strategies. This list can easily be modified if the Council identifies other strategic budget priorities.

In crafting a two-year budget for fiscal years 2023/24 and 2024/25, staff wishes to address the City Council's spending priorities to the extent that resources are available. While the core strategies above are a good set of broad organizational priorities for the upcoming twoyear budget, there may be more specific priorities that the Council wishes to see addressed for programs, services, staffing or capital spending. Staff recommends the Council provide feedback regarding this issue so that any such requests can be costed out and/or incorporated, to the extent feasible, into the upcoming draft two-year budget.

As staff begins preparation of the new two-year budget we plan to be before Council at different times to present the revenues, expenditures, reserves and capital projects and to seek Council’s input prior to recommending adoption of the budget in June.

STRATEGIC BUDGET PRIORITIES
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FISCAL IMPACT
The fiscal impacts of any spending priorities identified by the City Council will be incorporated into the upcoming two-year budget discussion.

ATTACHMENTS
None