Agenda Item No, 4_
CITY OF YUCAIPA
AGENDA REPORT
TO: Honorable Mayor and City Council
FROM: Joe Pradetto, Director of Government Affairs/PIO
Shane Massoud, Management Analyst
FOR.: City Council Meeting of April 10, 2023
SUBJECT: Legislative Action: Senate Bill 423; Assembly Bill 1708; Assembly Sill 742
RECOMMENDATION:
That City Council:
1) Oppose Senate Bill 423 by Senator Scott Weiner (D-San Francisco) which would extend a law that makes the approval of multifamily developments that meet certain criteria "ministerial" actions and authorize the Mayor to sign a letter of opposition; and 2) Support Assembly Bill 1708 by Assemblymember Al Muratsuchi (D-Torrance) to enhance penalties related to retail theft and authorize the Mayor to sign a letter of support; and
3) Oppose Assembly Bill 742 by Assemblymember Dr. Corey A. Jackson (D-Riverside) which would prohibit the use of K-9 units for arrest, apprehension, and crowd control, and authorize the Mayor to sign a letter of opposition.
BACKGROUND — SENATE BILL 423:
In 2017, the Legislature passed, and the Governor signed Senate Bill 35 (SB 35). This law makes the approval of multifamily developments that meet certain criteria "ministerial" actions. As a result, the approval of these developments pre-empts local discretionary land use authority, bypasses the California Environmental Quality Act (CEQA), and ignores public input.
DISCUSSION — SENATE BILL 423:
Serrate Bill 423 (SS 423) proposes to remove the January 1, 2026, sunset date for SB 35, making the statute permanent. SB 423 adds a provision to allow the State to approve housing developments on property the State owns or leases without being required to follow local zoning and development standards.
34 For projects with more than 10 units, SB 423 will enact prevailing wage requirements. For projects with 50 units or more, SB 423 will require the contractor to offer apprentices employment and pay for health care for the construction workers and their dependents.
The League of California Cities opposes this bill because it proposes a "one size fits all solution" without allowing for public input or environmental review. California Contact Cities Association oppose due to concerns over lass of local control and assertion that this bill would disregard local zoning and land use planning policies as well as bypass CEQA.
BACKGROUND — ASSEMBLY BILL 1708:
California's Proposition 47 (Prop, 47) also known as the "The Safe Neighborhoods and Schools Act" was passed by the voters of California in November 2014. It downgraded a range of drug and property offenses from felonies to misdemeanors. Prop. 47 classified five property offenses for which the dollar value is less than $950 as misdemeanors, including theft, receiving stolen property, and shoplifting.
DISCUSSION — ,ASSEMBLY BJLL I708:
Retailers and police departments have reported an increase in repeated and often organized retail crime. "Smash-and-grab" is the term that has evolved to describe organized and brazen thefts.
Assembly Bill 1708 (AB 1708) aims to amend Prop. 47 to combat the rise in robberies and thefts. If a person has two or more prior convictions related to theft, AB 1708 would allow for the individual to be charged with a felony on their next offense. The bill also establishes a pretrial diversion program for persons charged with theft -related offenses and offers them appropriate mental health and substance abuse treatment in an effort to help prevent future theft and more serious crimes.
AB 1708 is co -sponsored by the California Police Chiefs Association, the California Retailers Association, and the League of California Cities. If approved, the bill would be placed before the voters as a ballot initiative during the statewide general election in 2024.
BACKGROUND — ASSEMBLY BILL 742:
Existing law authorizes a peace officer to use reasonable force to effect the arrest, to prevent escape, or to overcome resistance of an individual. Many law enforcement agencies use K-9 units as a non-Iethal and effective aid in the performance of their duties.
DISCUSSION — ASSEMBLE,' BIM.. 742;
Assembly Bill 742 (AB 742) would end the use of K-9 units for arrest, apprehension, and crowd control. K-9 units may still be used for search and rescue missions, detecting explosives and detecting narcotics.
According to the author, Assemblymember Dr. Corey Jackson, "Since their inception, police canines have been used to inflict brutal violence and lifelong trauma on Slack Americans and 35 communities of color. It's time to end this cruel and inhumane practice and, instead, work towards building trust between the police and the communities they serve." AB 742 has been opposed by Sheriff Dicus and police officer associations across the state because law enforcement agencies view the use of K-9 units as indispensable to protecting the public and law enforcement personnel.
ATTACHMENTS:
Exhibit A. Letter of Opposition for Senate Bill 423
Exhibit B: Letter of Support for Assembly Bill 1708
Exhibit C: Letter of Opposition for Assembly Bill 742
Exhibit D: Senate Bill 423
Exhibit E: Assembly Bill 1708
Exhibit F: Assembly Bill 742
Approved by. Y
36 CITY OF
Exhibit A
April 10, 2023
Honorable Scott Weiner
1021 Q Street, Suite 8620
Sacramento, Ca 95814
Dear Senator Wiener:
The City of Yucaipa opposes SB 423, which would evade public input, erode local control over zoning and panning, and circumvent CEQA. The proposal violates the City's priority to preserve local control.
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 Yucaipa intimately understands this crisis as it plays out in our community every day.
However, SB 423 is an overreaching bill, This measure would double -down on the recent trend of tile 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, the City encourages lawmakers to partner with local officials. California communities will suffer under an increasingly state driven, by -right housing approval process.
For these reasons, City of Yucaipa respectfully opposes your measure.
Sincerely,
Justin Beaver, Mayor
JB:sm
cc: Nicki Taylor, Office of Senator Ochoa Bogh, Nicki.Tavlor rr sen.ca.gov Jason Gonsalves, Joe A. Gonsalves & Son, Jason r,,}r E1salvi,c4m Laura Varela, League of California Cities, [varela cr calcites City of Yucaipa
34272 Yucaipa Blvd, Yucaipa, CA 92399
909-797-2489
37 Exhibit B
CITY OF
April 10, 2023
Honorable Al Muratsuchi
Capitol Swing Space
1021 0 Street, Suite 5610
Sacramento, CA 94249
Dear Assemblymember Muratsuchi,
On behalf of the City of Yucaipa, I write in support of Assembly Bill 1708.
As you arc aware, California's Proposition 47 (Prop. 47) implemented three broad changes to felony sentencing laws. First, it reclassified certain theft and drug possession offenses from felonies to misdemeanors. Second, it authorizes defendants currently serving sentences for felony offenses that would have qualified as misdemeanors under the proposition to petition courts for resentencing under the new misdemeanor provisions. Third, it authorizes defendants who have completed their sentences for felony convictions that would have qualified as misdemeanors under the proposition to apply to reclassify those convictions to misdemeanors.
With such a significant change to felony sentencing laws, communities across California are dealing with the devastating consequences of rising crime rates.
Assembly Bill 1708, if passed, will once again equip our public safety officials with the necessary resources and tools to combat the alarming increase in retail theft.
We thank you for your continued support and efforts to amend Prop. 47.
Sincerely,
Justin Beaver, Mayor
JB:sm
cc: Nicki Taylor, Office of Senator Ochoa Bogh, Nicki.Taylor rr.sen.ca.gov Jason Gonsalves, Joe A. Gonsalves & Son, [email protected] gonsalvi.com
Laura Varela, League of California Cities, Ivarela a.calcities.org, City of Yucaipa
34272 Yucaipa Blvd, Yucaipa, CA 92399
909-797-2489
38 Exhibit C
CITY OF
April 10, 2023
Honorable Dr. Corey A. Jackson
Capitol Office
P.O. Box 942849
Sacramento, CA 94249-0060
Dear Assemblymember Jackson,
On behalf of the City of Yucaipa, Y write in opposition of Assembly Bill 742.
Canines play an essential role in law enforcement and public safety. As a non -lethal use of force, canines' not only protect deputies from injury at the hands of violent criminals, they also protect the violent offender from escalating a situation to the point where deadly farce would be required.
Time and time again, canines have proven to be a deterrent against criminal activity during protests, civil unrest, riots, and other situations where they have been deployed.
Assembly Bill 742, if passed, will have significant ramifications on how law enforcement officials perform their jobs.
For these reasons, the City of Yucaipa, is opposed to your bill.
Sincerely,
Justin Beaver, Mayor
JB:sm
cc: Nicki Taylor, Office of Senator Ochoa Bogh, Nicki.Taylor rr scn.ca.gov Jaso« Gonsalves, Joe A. Gonsalves & Son, [email protected] Laura Varela, League of California Cities, Ivarela cr.calcities.org City of Yucaipa
34272 Yucaipa Blvd, Yucaipa, CA 92399
909-79392489
Exhibit D
AMENDED IN SENATE MARCH 2 S, 2023
SENATE BILL No. 423
Introduced by Senator Wiener
(Principal coauthor: Assembly Member Wicks)
(Coauthor: Senator Hurtiardo)
(Coauthor: Assembly Member Grayson)
February 13, 2023
An act to amend Section 65913.4 of the Government Code, relating to land use.
LEG15LATIV£ COUNSEL'S DIGEST
SB 423, as amended, 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 r1y
40 SB 423 — 2 —
delete the January 1, 2026, repeal date, thereby making these provisions operative indefinitely.
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. ',1_'_ 1_]11 ______IA 1_L^.__ LL_1. 7__.:..._ ._7_,...,.._ _... ._7_. A.. 11 ._ _.. _1_._1_ 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 ar , ineludiftg
98 41
3 — SB 423
all relevant Planning and permitting departments; equivalent position determines the development is consistent with the objective planning standards. The bill would make conforming changes. The bill would require all departments of the local government that are required to issue an approval of the development prior to the granting of an entitlement to also comply with the above -described streamlined approval requirements within specified time periods. The bill would prohibit a local government from development propenent
requiring,
prior to approving a development that meets the requirements of"the above -described streamlining provisions, compliance with any standards necessary to receive a postentitlement permit or studies, information, or other materials that are tinneeessary to aseertain eensisteney do not pertain directly to determining whether the development is consistent with the objective planning standards applicable to the development.
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 alcove -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.
98 42
SB 423
— ,4 —
Vote: majority. Appropriation: no. Fiscal committee: yes, State -mandated local program: yes.
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
29 30
31 32
33 34
The people of the State of California do enact as follows:
SECTION 1. The Legislature finds and declares that it has provided reforms and incentives to facilitate and expedite the construction of affordable housing. Those reforms and incentives can be found in the following provisions:
(a) Housing element law (Article 10.6 (commencing with
Section 65580) of Chapter 3 of Division 1 of Title 7 of the Government Code).
(b) Extension of statute. of limitations in actions challenging the housing element and brought in support of affordable housing (subdivision (d) of Section 65009 of the Government Code). (c) Restrictions on disapproval of housing developments (Section 65589.5 of the Government Code).
(d) Priority for affordable housing in the allocation of water and sewer hookups (Section 65589.7 of the Government Code). (e) Least cost zoning law (Section 65913.1 of the Government Code).
(f) Density Bonus Law (Section 65915 of the Government
Code).
(g) Accessary dwelling units (Sections 65852.150 and 65852.2 of the Government Cade),
(h) By -right housing, in which certain multifamily ]lousing is designated a pennitted use (Section 65589.4 of the Government Code).
(i) No -net -loss -in zoning density law limiting downzonings and density reductions (Section 65863 of the Government Code). 0) Requiring persons who sue to halt affordable housing to pay attorney's fees (Section 65914 of the Govemment Code) or post a bond (Section 529.2 of the Code of Civil Procedure).
(k) Reduced time for action on affordable housing applications under the approval of development permits process (Article 5 (commencing with Section 65950) of Chapter 4.5 of Division 1 of Title 7 of the Govemment Cade).
(1) Limiting moratoriums on multifamily housing (Section 65858 of the Government Code).
98 43
S SB 423
1 (m) Prohibiting discrimination against affordable housing 2 (Section 65008 of the Government Code).
3 (n) California Fair Employment and Housing Act (Part 2.8 4 (commencing with Section 12900) of Division 3 of Title 2 of the 5 Government Code).
6 (o) Community Redevelopment Law (Part I (commencing with 7 Section 33000) of Division 24 of the Health and Safety Code, and 8 in particular Sections 33334.2 and 33413 of the Health and Safety 9 Code).
10 (p) Streamlining housing approvals during a housing shortage 11 (Section 65913.4 of the Government Code).
12 (q) Housing sustainability districts (Chapter 11 (commencing 13 with Section 66200) of Division 1 of Title 7 of the Government 14 Code).
15 (r) Streamlining agricultural employee housing development 16 approvals (Section 17021.8 of the Health and Safety Code). 17 (s) The Housing Crisis Act of 2019 (Senate Bill 330 (Chapter 18 654 of the Statutes of 2019)).
19 (t) Allowing four units to be built on single-family parcels 20 statewide (Senate Bill 9 (Chapter 162 of Statutes of 2021)). 21 (u) The Middle Class Housing Act of 2022 (Section 65852.24 22 of the Government Code).
23 (s)
24 (v) Affordable Housing and High Road Jobs Act of 2022 25 (Chapter 4,1 (commencing with Section 65912.100) of Division 26 1 of Title 7 of the Government Code).
27 SEC. 2. Section 65913.4 of the Government Code is amended 28 to read:
29 65913.4. (a) A development proponent may submit an
30 application for a development that is subject to the streamlinQd, 31 ministerial approval process provided by subdivision (c) and is 32 not subject to a conditional use permit or any other nonlegislative 33 discretionary approval if the development complies with 34 subdivision (b) and satisfies all of the following objective planning 35 standards:
36 (1) The development is a multifamily housing development that 37 contains two or more residential units.
38 (2) The development and the site on which it is located satisfy 39 all of the following:
98 44
SIR 423
—6—
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
29 30
31 32
33 34
35 36
37 38
39 40
(A) It is a legal parcel or parcels located in a city if, and only if, the city boundaries include some portion of either an urbanized area or urban cluster, as designated by the United States Census Bureau, or, for unincorporated areas, a legal parcel or parcels wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau.
(B) At least 75 percent of the perimeter of the site adjoins parcels that are developed with urban uses. For the purposes of this section, parcels that are only separated by a street or highway shall be considered to be adjoined.
(C) (i) A site that meets the requirements of clause (ii) and satisfies any of the following:
(1) The site is zoned for residential use or residential mixed -use development.
(I1) The site has a general plan designation that allows residential use or a mix of residential and nonresidential uses.
(III) The site is zoned for office or retail commercial use and meets the requirements of Section 65852.24.
(ii) At least two-thirds of the square footage of the development is designated for residential use. Additional density, floor area, and units, and any other concession, incentive, or waiver of development standards granted pursuant to the Density Bonus Law in Section 65915 shall be included in the square footage calculation. The square footage of the development shall not include underground space, such as basements or underground parking garages.
(3) (A) 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 pursuant to subparagraph (B) of paragraph (4) shall remain available at affordable housing costs or rent to persons and families of lower or moderate -income for no less than the following periods of time:
(i) Fifty-five years for units that are rented.
(ii) Forty-five years for units that are owned.
(B) The city or county shall require the recording of covenants or restrictions implementing this paragraph for each parcel or unit of real property included in the development.
(4) The development satisfies clause (i) or (ii) of subparagraph (A) and satisfies subparagraph (B) below:
98 45
— 7 -- SB 423
1 (A) (i) For a development located in a locality that is in its sixth 2 or earlier housing element cycle, the development is located in 3 either of the following:
4 (I) In a locality that the department has determined is subject 5 to this clause on the basis that the number of units that have been 6 issued building permits, as shown on the most recent production 7 report received by the department, is less than the locality's share 8 of the regional housing needs, by income category, for that 9 reporting period. A locality shall remain eligible under this 10 subclause until the department's determination for the next 11 reporting period.
12 (II) In a locality that the department has determined is subject 13 to this clause on the basis that the locality did not adopt a housing 14 element that has been found in substantial compliance with housing 15 element lave (Article 10.6 (commencing with Section 65580) of 16 Chapter 3) by the department. A locality shall remain eligible under 17 this subclause until such time as the locality adopts a housing 18 element that has been found in substantial compliance with housing 19 element law (Article 10.6 (commencing with Section 65580) of 20 Chapter 3) by the department.
21 (ii) For a development located in a locality that is in its seventh 22 or later housing element cycle, is located in a locality that the 23 department has determined is subject to this clause on the basis 24 that the locality did not adopt a housing element that has been 25 found in substantial compliance with housing element law (Article 26 10.6 (commencing with Section 65580) of Chapter 3) by the 27 department by the statutory deadline, or that the number of units 28 that have been issued building permits, as shown on the most recent 29 production report received by the department, is less than the 30 locality's share of the regional housing needs, by income category, 31 for that reporting period. A locality shall remain eligible under 32 this subparagraph until the department's determination for the next 33 reporting period.
34 (B) The development is subject to a requirement mandating a 35 minimum percentage of below market rate housing based on one 36 of the following;
37 (i) The locality did not adopt a housing element pursuant to 38 Section 65588 that has been found in substantial compliance with 39 the Dousing element law (Article 10.6 (commencing with Section 40 65580) of Chapter 3) by the department, did not submit its latest 99 46
SB 423 — 8 —
1 production report to the department by the time period required 2 by Section 65400, or that production report submitted to the 3 department reflects that there were fewer units of above 4 moderate -income housing issued building permits than were 5 required for the regional housing needs assessment cycle for that 6 reporting period. In addition, if the project contains more than 10 7 units of housing, the project does either of the following. 8 (1) The project dedicates a minimum of 10 percent of the total 9 number of units, before calculating any density bonus, to housing 10 affordable to households making at or below 80 percent of the area 11 median income. However, if the locality has adopted a local 12 ordinance that requires that greater than 10 percent of the units be 13 dedicated to housing affordable to households making below 80 14 percent of the area median income, that local ordinance applies. 15 (11) (ia) If the project is located within the San Francisco Bay 16 area, the project, in lieu of complying with subclause (I), dedicates 17 20 percent of the total number of units, before calculating any 18 density bonus, to housing affordable to households making below 19 120 percent of the area median income with the average income 20 of the units at or below 100 percent of the area median income, 21 However, a local ordinance adopted by the locality applies if it 22 requires greater than 20 percent of the units be dedicated to housing 23 affordable to households making at or below 120 percent of the 24 area median income, or requires that any of the units be dedicated 25 at a level deeper than 120 percent. In order to comply with this 26 subclause, the rent or sale price charged for units that are dedicated 27 to housing affordable to households between 80 percent and 120 28 percent of the area median income shall not exceed 30 percent of 29 the gross income of the household.
30 (ib) For purposes of this subclause, "San Francisco Say area" 31 means the entire area within the territorial boundaries of the 32 Counties of Alameda, Contra Costa, Marin, Napa, San Mateo, 33 Santa Clara, Solano, and Sonoma, and the City and County of San 34 Francisco.
35 (ii) The locality's latest production report reflects that there 36 were fewer units of housing issued building permits affordable to 37 either very low income or low-income households by income 38 category than were required for the regional housing needs 39 assessment cycle for that reporting period, and the project seeking 40 approval dedicates 50 percent of the total number of units, before 98 47
— 9 — SB 423
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
29 30
31 32
33 34
35 36
37 38
39 40
calculating any density bonus, to housing affordable to households making at or below 80 percent of the area median income.
However, if the locality has adopted a local ordinance that requires that greater than 50 percent of the units be dedicated to housing affordable to households making at or below 80 percent of the area median income, that local ordinance applies.
(iii) The locality did not submit its latest production report to the department by the time period required by Section 65400, or if the production report reflects that there were fewer units of housing affordable to both income levels described in clauses (i) and (ii) that were issued building permits than were required for the regional housing needs assessment cycle for that reporting period, the project seeking approval may choose between utilizing clause (i) or (ii).
(C) (i) A development proponent that uses a unit of affordable housing to satisfy the requirements of subparagraph (B) may also satisfy any other local or state requirement for affordable housing, including local ordinances or the Density Bonus Law in Section 65915, provided that the development proponent complies with the applicable requirements in the state or local law. If a local requirement for affordable housing requires units that are restricted to households with incomes higher than the applicable income limits required in subparagraph (B), then units that meet the applicable income Iimits required in subparagraph (B) shall be deemed to satisfy those local requirements for higher income units. (ii) A development proponent that uses a unit of affordable housing to satisfy any other state or local affordability requirement may also satisfy the requirements of subparagraph (B), provided that the development proponent complies with applicable requirements of subparagraph (B).
(iii) A development proponent may satisfy the affordability requirements of subparagraph (B) with a unit that is restricted to households with incomes lower than the applicable income limits required in subparagraph (B).
(D) The amendments to this subdivision made by the act adding this subparagraph do not constitute a change in, but are declaratory of, existing law.
(5) The development, excluding any additional density or any other concessions, incentives, or waivers of development standards for which the development is eligible pursuant to the Density Bonus 98 48
SB 423
10-
1 Law in Section 65915, is consistent with objective zoning 2 standards, objective subdivision standards, and objective design 3 review standards in effect at the time that the development is 4 submitted to the local government pursuant to this section, or at 5 the time a notice of intent is submitted pursuant to subdivision (b), 6 whichever occurs earlier. For puiposes of this paragraph, `objective 7 zoning standards," "objective subdivision standards," and 8 "objective design review standards" mean standards that involve 9 no personal or subjective judgment by a public official and are 10 uniformly verifiable by reference to an external and uniform 11 benchmark or criterion available and knowable by both the 12 development applicant or proponent and the public official before 13 submittal. These standards may be embodied in alternative 14 objective land use specifications adopted by a city or county, and 15 may include, but are not limited to, housing overlay zones, specific 16 plans, inciusionary zoning ordinances, and density bonus 17 ordinances, subject to the following:
18 (A) A development shall be deemed consistent with the objective 19 zoning standards related to housing density, as applicable, if the 20 density proposed is compliant with the maximum density allowed 21 within that land use designation, notwithstanding any specified 22 maximum unit allocation that may result in fewer units of housing 23 being pennitted.
24 (B) In the event that objective zoning, general plan, subdivision, 25 or design, review standards are mutually inconsistent, a 26 development shall be deemed consistent with the objective zoning 27 and subdivision standards pursuant to this subdivision if the 28 development is consistent with the standards set forth in the general 29 plan.
30 (C) It is the intent of the Legislature that the objective zoning 31 standards, objective subdivision standards, and objective design 32 review standards described in this paragraph be adopted or 33 amended in compliance with the requirements of Chapter 905 of 34 the Statutes of 2004.
35 (D) The amendments to this subdivision made by the act adding 36 this subparagraph do not constitute a change in, but are declaratory 37 of, existing law.
38 (E) A project that satisfies the requirements of Section 65852.24 39 shall be deemed consistent with objective zoning standards, 40 objective design standards, and objective subdivision standards if 98 49
-11— SB 423
1 the project is consistent with the provisions of subdivision (b) of 2 Section 65852.24 and if none of the square footage in the project 3 is designated for hotel, motel, bed and breakfast inn, or other 4 transient lodging use, except for a residential hotel. For purposes 5 of this subdivision, "residential hotel' shall have the same meaning 6 as defined in Section 50519 of the Health and Safety Code. 7 (6) The development is not located on a site that is any of the S following-
9 (A) Either prime farmland or farmland of statewide importance, 10 as defined pursuant to United States Department of Agriculture l I land inventory and monitoring criteria, as modified for California, 12 and designated on the snaps prepared by the Farmland Mapping 13 and Monitoring Program of the Department of Conservation, or 14 land zoned or designated for agricultural protection or preservation 15 by a local ballot measure that was approved by the voters of that 16 jurisdiction.
17 (B) Wetlands, as defined in the United States Fish and Wildlife 18 Service Manual, Fart 660 FW 2 (June 21, 1993), unless the 19 development within the wetlands has been authorized by a perrnit 20 or other approval issited pursuant to federal or other state law. 21 (C) Within a very high fire hazard severity zone, as determined 22 by the Department of Forestry and Fire Protection pursuant to 23 Section 51178, or within a high or very high fire hazard severity 24 zone as indicated on snaps adopted by the Department of Forestry 25 and Fire Protection pursuant to Section 4202 of the Public 26 Resources Code. This subparagraph does not apply to sites 27 excluded from the specified hazard zones by a local agency, 28 pursuant to subdivision (b) of Section 51179, or sites that have 29 adopted fire hazard mitigation measures pursuant to existing 30 building standards or state fire mitigation measures applicable to 31 the development.
32 (D) A hazardous waste site that is listed pursuant to Section 33 65962.5 or a hazardous waste site designated by the Department 34 of Toxic Substances Control pursuant to Section 25356 of the 35 Health and Safety Code, unless either of the following apply:
36 (i) The site is an underground storage tank site that received a 37 uniform closure Ietter issued pursuant to subdivision (g) of Section 38 25296.10 of the Health and Safety Code based on closure criteria 39 established, by the State Water Resources Control Board for 40 residential use or residential mixed uses. This section does not 98 50
SB 423
---12
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
29 30
31 32
33 34
35 36
37 38
39 alter or change the conditions to remove a site from the list of hazardous waste sites listed pursuant to Section 65962.5, (ii) The State Department of Public Health, State Water Resources Control Board, Department of Toxic Substances Control, or a local agency making a determination pursuant to subdivision (c) of Section 25296.10 of the Health and Safety Code, has otherwise determined that the site is suitable for residential use or residential mixed uses,
(E) Within a delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law (Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code), and by any local building department under Chapter 12.2 (commencing with Section 8875) of Division l of Title 2.
(F) Within a special flood hazard area subject to inundation by the I percent annual chance flood (I00-year flood) as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency.
If a development proponent is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this subparagraph and is otherwise eligible for streamlined approval under this section, a local government shall not deny the application on the basis that the development proponent did not comply with any additional permit requirement, standard, or action adopted by that local government that is applicable to that site. A development may be located on a site described in this subparagraph if either of the following are met:
(i) The site has been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction.
(ii) The site meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program pursuant to Part 59 (commencing with Section 59.1) and Part 60 (commencing with Section 60.1) of Subchapter B of Chapter I of Title 44 of the Code of Federal Regulations.
98 51
— 13 — SB 423
1 (G) Within a regulatory floodway as determined by the Federal 2 Emergency Management Agency in any official maps published 3 by the Federal Emergency Management Agency, unless the 4 development has received a no -rise certification in accordance 5 with Section 60.3(d)(3) of Title 44 of the Code of Federal 6 regulations. If a development proponent is able to satisfy all 7 applicable federal qualifying criteria in order to provide that the 8 site satisfies this subparagraph and is otherwise eligible for 9 streamlined approval under this section, a local government shall 10 not deny the application on the basis that the development l l proponent did not comply with any additional permit requirement, 12 standard, or action adopted by that local government that is 13 applicable to that site.
14 (H) Lands identified for conservation in an adopted. natural 15 community conservation plan pursuant to the Natural Community 16 Conservation Planning Act (Chapter 10 (commencing with Section 17 2800) of Division 3 of the Fish and Game Code), habitat 18 conservation plan pursuant to the federal Endangered Species Act 19 of 1973 (16 U.S.C. Sec. 1531 et seq.), or other adopted natural 20 resource protection plan.
21 (I) Habitat for protected species identified as candidate, 22 sensitive, or species of special status by state or federal agencies, 23 fully protected species, or species protected by the federal 24 Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), 25 the California Endangered Species Act (Chapter 1.5 (commencing 26 with Section 2050) of Division 3 of the Fish and Game Code), or 27 the Native Plant Protection Act (Chapter 10 (commencing with 28 Section 1900) of Division 2 of the Fish and Game Code), unless 29 the development within the habitat has been authorized by a permit 30 or approval issued pursuant to federal or other state law. 31 (J) Lands under conservation easement.
32 (7) The development is not located on a site where any of the 33 following apply:
34 (A) The development would require the demolition of the 35 following types of housing:
36 (1) Housing that is subject to a recorded covenant, ordinance, 37 or law that restricts rents to levels affordable to persons and 38 families of moderate, low, or very low income.
39 (ii) Housing that is subject to any form of rent or price control 40 through a public entity's valid exercise of its police power. 98 52
SB 423
14 1
2 3
4 5
6 7
S
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
29 30
31 32
33 34
35 36
37 38
39 (iii) Housing that has been occupied by tenants within the past 10 years.
(B) The site was previously used for housing that was occupied by tenants that was demolished within 10 years before the development proponent submits an application under this section. (C) The development would require the demolition of a historic structure that was placed on a national, state, or local historic register.
(D) The property contains housing units that are occupied by tenants, and units at the property are, or were, subsequently offered for sale to the general public by the subdivider or subsequent owner of the property.
(8) Except as provided in paragraph (9), a proponent of a development project approved by a local government pursuant to this section shall require in contracts with construction contractors, and shall certify to the local government, that the following standards specified in this paragraph will be met in project construction, as applicable:
(A) A development that is not in its entirety a public work for purposes of Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code and approved by a local government pursuant to Article 2 (commencing with Section 65912.110) or Article 3 (commencing with Section 65912.120) shall be subject to all of the following:
(i) All construction workers employed in the execution of the development shall be paid at least the general prevailing rate of per diem wages for the type of work and geographic area, as determined by the Director of Industrial Relations pursuant to Sections 1773 and 1773.9 of the Labor Code, except that apprentices registered in programs approved by the Chief of the Division of Apprenticeship Standards may be paid at least the applicable apprentice prevailing rate.
(ii) The development proponent shall ensure that the prevailing wage requirement is included in all contracts for the performance of the work for those portions of the development that are not a public work.
(iii) All contractors and subcontractors for those portions of the development that are not a public work shall comply with both of the following:
98 53
-15 ` SB 423
1 2
3 4
5 6
7 S
9 10
11 12
13 14
I5
16 17
18 19
20 21
22 23
24 25
26 27
28 29
30 31
32 33
34 35
36 37
38 39
40 (I) Pay to all construction workers employed in the execution of the work at least the general prevailing rate of per diem wages, except that apprentices registered in programs approved by the Chief of the Division of Apprenticeship Standards may be paid at least the applicable apprentice prevailing rate.
(II) Maintain and verify payroll records pursuant to Section 1776 of the Labor Cade and make those records available for inspection and copying as provided in that section. This subclause does not apply if all contractors and subcontractors performing work on the development are subject to a project labor agreement that requires the payment of prevailing wages to all construction workers employed in the execution of the development and provides for enforcement of that obligation through an arbitration procedure. For purposes of this subclause, "project labor agreement" has the same meaning as set forth in paragraph (1) of subdivision (b) of Section 2500 of the Public Contract Code. (B) (i) The obligation of the contractors and subcontractors to pay prevailing wages pursuant to this paragraph may be enforced by any of the following;
(1) The Labor Commissioner through the issuance of a civil wage and penalty assessment pursuant to Section 1741 of the Labor Code, which may be reviewed pursuant to Section 1742 of the Labor Code, within 18 months after the completion of the development.
(11) An underpaid worker through an administrative complaint or civil action.
(111) A joint labor-management committee through a civil action under Section 1771.2 of the Labor Code.
(ii) If a civil wage and penalty assessment is issued pursuant to this paragraph, the contractor, subcontractor, and surety on a bond or bonds issued to secure the payment of wages covered by the assessment shall be liable for liquidated damages pursuant to Section 1742.1 of the Labor Code.
(iii) This paragraph does not apply if all contractors and subcontractors performing work on the development are subject to a project labor agreement that requires the payment of prevailing wages to all construction workers employed in the execution of the development and provides for enforcement of that obligation tluough an arbitration procedure. For purposes of this clause, "project labor agreement" has the same meaning as set forth in 98 54
SB 423
—16—
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
29 30
31 32
33 34
35 36
37 38
39 40
paragraph (1) of subdivision (b) of Section 2500 of the Public Contract Code.
(C) Notwithstanding subdivision (c) of Section 1773.1 of the Labor Code, the requirement that employer payments not reduce the obligation to pay the hourly straight time or overtime wages found to be prevailing does not apply to those portions of development that are not a public work if otherwise provided in a bona fade collective bargaining agreement covering the worker. (D) The requirement of this paragraph to pay at least the general prevailing rate of per diem wages does not preclude use of an alternative workweek schedule adopted pursuant to Section 511 or 514 of the Labor Code.
(E) A development of 50 or more housing units approved by a local government pursuant to this section shall meet all of the following labor standards-
(i) The development proponent shall require in contracts with construction contractors and shall certify to the local government that each contractor of any tier who will employ construction craft employees or will let subcontracts for at least 1,000 hours shall satisfy the requirements in clauses (ii) and (iii). A construction contractor is deemed in compliance with clauses (ii) and (ill) if it is signatory to a valid collective bargaining agreement that requires utilization of registered apprentices and expenditures on health care for employees and dependents.
(ii) A contractor with construction craft employees shall either participate in an apprenticeship program approved by the California Division of Apprenticeship Standards pursuant to Section 3075 of the Labor Code, or request the dispatch of apprentices from a state -approved apprenticeship program under the terms and conditions set forth in Section 1777.5 of the labor Code. A contractor without construction craft employees shall show a contractual obligation that its subcontractors comply with this clause.
(iii) Each contractor with construction craft employees shall make health care expenditures for each employee in an amount per hour worked on the development equivalent to at least the hourly pro rata cost of a Covered California Platinum level plan for two adults 40 years of age and two dependents 0 to 14 years of age for the Covered California rating area in which the development is located. A contractor without construction craft 48 17 — SB 423
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
29 30
31 32
33 34
35 36
37 38
39 40
employees shall show a contractual obligation that its
subcontractors comply with this clause. Qualifying expenditures shall be credited toward compliance with prevailing wage payment requirements set forth in this paragraph.
(iv) (I) The development proponent shall provide to the local government, on a monthly basis while its construction contracts on the development are being performed, a report demonstrating compliance with clauses (ii) and (iii). The reports shall be considered public records under the California Public Records Act (Division 10 (commencing with Section 7920,000) of Title 1), and shall be open to public inspection.
(II) A development proponent that fails to provide the monthly report shall be subject to a civil penalty for each month for which the report has not been provided, in the amount of 10 percent of the dollar value of construction work performed by that contractor on the development in the month in question, up to a maximum often thousand dollars ($10,000). Any contractor or subcontractor that fails to comply with clauses (ii) and (iii) shall be subject to a civil penalty of two hundred dollars ($200) per day for each worker employed in contravention of clauses (ii) and (iii).
(III) Penalties may be assessed by the Labor Commissioner within 18 months of completion of the development using the procedures for issuance of civil wage and penalty assessments specified in Section 1741 of the Labor Code, and may be reviewed pursuant to Section 1742 of the Labor Code. Penalties shall be deposited in the State Public Works Enforcement Fund established pursuant to Section 1771.3 of the Labor Code.
(v) Each construction contractor shall maintain and verify payroll records pursuant to Section 1776 of the Labor Code. Each construction contractor shall submit payroll records directly to the Labor Commissioner at least monthly in a format prescribed by the Labor Commissioner in accordance with subparagraph (A) of paragraph (3) of subdivision (a) of Section 1771.4 of the Labor Code. The records shall include a statement of fringe benefits.
Upon request by a joint labor-management cooperation committee established pursuant to the Federal Labor Management Cooperation Act of 1978 (29 U.S.C. Sec, 175a), the records shall be provided pursuant to subdivision (e) of Section 1776 of the Labor Code. (vi) All construction contractors shall report any change in apprenticeship program participation or health care expenditures 4$
56 SS 423
—18—
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
I7
IS
19 20
21 22
23 24
25 26
27 28
29 30
31 32
33 34
35 36
37 38
39 40
to the local government within 10 business days, and shall reflect those changes on the monthly report. The reports shall be considered public records pursuant to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1) and shall be open to public inspection.
(vii) A joint labor-management cooperation committee
established pursuant to the Federal Labor Management Cooperation Act of 1978 (29 U.S.C. Sec. 175a) shall have standing to sue a construction contractor for failure to make health care expenditures pursuant to clause (iii) in accordance with Section 218.7 or 218.8 of the Labor Code.
(9) Notwithstanding paragraph (8), a development that is subject to approval pursuant to this section is exempt from any requirement to pay prevailing wages, use a workforce participating in are apprenticeship, or provide health care expenditures if it satisfies both of the following:
(A) The project consists of 10 or fewer units.
(B) The project is not a public work for purposes of Chapter I (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code.
(10) The development shall not be upon an existing parcel of land or site that is governed under the Mobilehome residency Law (Chapter 2.5 (commencing with Section 798) of Title 2 of Fart 2 of Division 2 of the Civil Code), the Recreational Vehicle Park Occupancy Law (Chapter 2,6 (commencing with Section 799.20) of Title 2 of Part 2 of Division 2 of the Civil Code), the Mobilehome Parks Act (Part 2.1(commencing with Section 18200) of Division 13 of the Health and Safety Code), or the Special Occupancy Parks Act (Part 2.3 (commencing with Section 18860) of Division 13 of the Health and Safety Code).
(b) (1) (.A) (i) Before submitting an application for a development subject to the streamlined, ministerial approval process described in subdivision (c), the development proponent shall submit to the local government a notice of its intent to submit an application. The notice of intent shall be in the form of a preliminary application that includes all of the information described in Section 65941.1, as that section read on January 1, 2020.
(ii) Upon receipt of a notice of intent to submit an application described in clause (i), the local government shall engage in a 48 61FA
-19 — SB 423
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
29 30
31 32
33 34
35 36
37 38
39 40
scoping consultation regarding the proposed development with any California Native American tribe that is traditionally and culturally affiliated with the geographic area, as described in Section 21080.3.1 of the public Resources Code, of the proposed development. In order to expedite compliance with this subdivision, the local government skull contact the Native American Heritage Commission for assistance in identifying any Califomia Native American tribe that is traditionally and culturally affiliated with the geographic area of the proposed development.
(iii) The timeline for noticing and commencing a scoping consultation in accordance with this subdivision shall be as follows:
(I) The local government shall provide a formal notice of a development proponent's notice of intent to submit an application described in clause (i) to each California Native American tribe that is traditionally and culturally affiliated with the geographic area of the proposed development within 30 days of receiving that notice of intent. The formal notice provided pursuant to this subclause shall include all of the following:
(ia) A description of the proposed development.
(ib) The location of the proposed development.
(ic) An invitation to engage in a scoping consultation in accordance with this subdivision.
(II) Each California Native American tribe that receives a formal notice pursuant to this clause shall have 30 days from the receipt of that notice to accept the invitation to engage in a scoping consultation.
(III) If the local government receives a response accepting an invitation to engage in a scoping consultation pursuant to this subdivision, the local government shall commence the scoping consultation within 30 days of receiving that response. (B) The scoping consultation shall recognize that California Native American tribes traditionally and culturally affiliated with a geographic area have knowledge and expertise concerning the resources at issue and shall take into account the cultural significance of the resource to the culturally affiliated California Native American tribe.
(C) The parties to a scoping consultation conducted pursuant to this subdivision shall be the local government and any California Native American tribe traditionally and culturally affiliated with the geographic area of the proposed development. More than one 98 58
S13 423 — 20 —
1 California Native American tribe traditionally and culturally 2 affiliated with the geographic area of the proposed development 3 may participate in the scoping consultation. However, the local 4 government, upon the request of any California Native American 5 tribe traditionally and culturally affiliated with the geographic area 6 of the proposed development, shall engage in a separate scoping 7 consultation with that California Native American tribe. The 8 development proponent and its consultants may participate in a 9 scoping consultation process conducted pursuant to this subdivision 10 if all of the following conditions are met:
11 (i) The development proponent and its consultants agree to 12 respect the principles set forth in this subdivision. 13 (ii) The development proponent and its consultants engage in 14 the scoping consultation in good faith.
15 (iii) The California Native American tribe participating in the 16 scoping consultation approves the participation of the development 17 proponent and its consultants. The California Native American 18 tribe may rescind its approval at any time during the scoping 19 consultation, either for the duration of the scoping consultation or 20 with respect to any particular meeting or discussion held as part 21 of the scoping consultation.
22 (D) The participants to a scoping consultation pursuant to this 23 subdivision shall comply with all of the following confidentiality 24 requirements:
25 (i) Section 7927.000.
26 (ii) Section 7927.005.
27 (iii) Subdivision (c) of Section 21082.3 of the Public Resources 28 Code.
29 (iv) Subdivision (d) of Section 15120 of Title 14 of the 30 California Code of Regulations.
31 (v) Any additional confidentiality standards adopted by the 32 California Native American tribe participating in the scoping 33 consultation.
34 (E) The California Environmental Quality Act (Division 13 35 (commencing with Section 21000) of the Public Resources Code) 36 shall not apply to a scoping consultation conducted pursuant to 37 this subdivision.
38 (2) (A) If, after concluding the scoping consultation, the parties 39 find that no potential tribal cultural resource would be affected by 40 the proposed development, the development proponent may submit 9a
59 — 21— SB 423
1 2
3 4
5 b
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
29 30
31 32
33 34
35 36
37 38
39 40
an application for the proposed development that is subject to the streamlined, ministerial approval process described in subdivision (c).
(B) If, after concluding the scoping consultation, the parties find that a potential tribal cultural resource could be affected by the proposed development and an enforceable agreement is documented between the California Native American tribe and the local government on methods, measures, and conditions for tribal cultural resource treatment, the development proponent may submit the application for a development subject to the streamlined, ministerial approval process described in subdivision (c). The Iocal government shall ensure that the enforceable agreement is included in the requirements and conditions for the proposed development. (C) If, after concluding the scoping consultation, the parties find that a potential tribal cultural resource could be affected by the proposed development and an enforceable agreement is not documented between the California Native American tribe and the local government regarding methods, measures, and conditions for tribal cultural resource treatment, the development shall not be eligible for the streamlined, ministerial approval process described in subdivision (c).
(D) For purposes of this paragraph, a scoping consultation shall be deemed to be concluded if either of the following occur, (i) The parties to the scoping consultation document an enforceable agreement concerning methods, measures, and conditions to avoid or address potential impacts to tribal cultural resources that are or may be present.
(ii) One or more parties to the scoping consultation, acting in good faith and after reasonable effort, conclude that a mutual agreement on methods, measures, and conditions to avoid or address impacts to tribal cultural resources that are or may be present cannot be reached.
(E) If the development or environmental setting substantially changes after the completion of the scoping consultation, the local government shall notify the California Native American tribe of the changes and engage in a subsequent scoping consultation if requested by the California Native American tribe.
(3) A, local government may only accept an application for streamlined, ministerial approval pursuant to this section if one of the following applies:
98 60
SB 423
22 1 (A) A California Native American tribe that received a formal 2 notice of the development proponent's notice of intent to submit 3 an application, pursuant to subclause (I) of clause (ill) of 4 subparagraph (A) of paragraph (1) did not accept the invitation to 5 engage in a scoping consultation.
6 (B) The California Native American tribe accepted an invitation 7 to engage in a scoping consultation pursuant to subclause (II) of 8 clause (iii) of subparagraph (A) of paragraph (1) but substantially 9 failed to engage in the scoping consultation after repeated 10 documented attempts by the local government to engage the 11 California Native American tribe,
12 (C) The parties to a scoping consultation pursuant to this
1.3 subdivision find that no potential tribal cultural resource will be 14 affected by the proposed development pursuant to subparagraph 15 (A) of paragraph (2).
16 (D) A scoping consultation between a California Native 17 American tribe and the local government has occurred in 18 accordance with this subdivision and resulted in agreement 19 pursuant to subparagraph (B) of paragraph (2).
20 (4) A project shall not be eligible for the streamlined, ministerial 21 process described in subdivision (c) if any of the following apply:
22 (A) There is a tribal cultural resource that is on a national, state, 23 tribal, or Iocal historic register list located on the site of the project, 24 (B) There is a potential tribal cultural resource that could be 25 affected by the proposed development and the parties to a scoping 26 consultation conducted pursuant to this subdivision do not 27 document an enforceable agreement on methods, measures, and 28 conditions for tribal cultural resource treatment, as described in 29 subparagraph (C) of paragraph (2).
30 (C) The parties to a scoping consultation conducted pursuant 31 to this subdivision do not agree as to whether a potential tribal 32 cultural resource will be affected by the proposed development, 33 (5) (A) If, after a scoping consultation conducted pursuant to 34 this subdivision, a project is not eligible for the streamlined, 35 ministerial process described in subdivision (c) for any or all of 36 the following reasons, the local government shall provide written 37 documentation of that fact, and an explanation of the reason for 38 which the project is not eligible, to the development proponent 39 and to any California Native American tribe that is a party to that 40 scoping consultation:
98 61
23 — SB 423
I (i) There is a tribal cultural resource that is on a national, state, 2 tribal, or local historic register list located on the site of the project, 3 as described in subparagraph (A) of paragraph (4).
4 (ii) The parties to the scoping consultation have not documented 5 an enforceable agreement on methods, measures, and conditions 6 for tribal cultural resource treatment, as described in subparagraph 7 (C) of paragraph (2) and subparagraph (B) of paragraph (4). 8 (iii) The parties to the scoping consultation do not agree as to 9 whether a potential tribal cultural resource will be affected by the 10 proposed development, as described in subparagraph (C) of 11 paragraph (4).
12 (B) The written documentation provided to a development 13 proponent pursuant to this paragraph shall include information on 14 how the development proponent may seek a conditional use permit 15 or other discretionary approval of the development from the local 1,6 government.
17 (6) This section is not intended, and shall not be construed, to 18 limit consultation and discussion between a local government and 19 a California Native American tribe pursuant to other applicable 20 law, confidentiality provisions under other applicable law, the 21 protection of religious exercise to the fullest extent permitted under 22 state and federal law, or the ability of a California Native American 23 tribe to submit information to the local government or participate 24 in any process of the local government.
25 (7) For purposes of this subdivision:
26 (A) "Consultation" means the meaningful and timely process 27 of seeking, discussing, and considering carefully the views of 28 others, in a manner that is cognizant of all parties' cultural values 29 and, where feasible, seeking agreement. Consultation between 30 local governments and Native American tribes shall be conducted 31 in a way that is mutually respectful of each party's sovereignty. 32 Consultation shall also recognize the tribes' potential needs for 33 confidentiality with respect to places that have traditional tribal 34 cultural importance, A lead agency shall consult the tribal 35 consultation best practices described in the "State of California 36 Tribal Consultation Guidelines: Supplement to the General Plan 37 guidelines" prepared by the Office of Planning and Research, 38 (B) "Scoping" means the act of participating in early discussions 39 or investigations between the local government and California 40 Native American, tribe, and the development proponent if 98 62
Sly 423 — 24 —
I authorized by the California Native American tribe, regarding the 2 potential effects a proposed development could have on a potential 3 tribal cultural resource, as defined in Section 21074 of the Public 4 Resources Code, or California Native American tribe, as defined 5 in Section 21073 of the Public Resources Code.
6 (8) This subdivision shall not apply to any project that has been 7 approved under the streamlined, ministerial approval process 8 provided under this section before the effective date of the act 9 adding this subdivision.
10 (c) (1) *Notwithstanding any local law, if a local government's 11 planning director o ,
12 ,
13 equivalent position determines that a development submitted 14 pursuant to this section is consistent with the objective planning 15 standards specified in subdivision (a) and pursuant to paragraph 16 (3) of this subdivision, -it the local government shall approve the 17 development. Upon a determination that a development submitted 18 pursuant to this section is in conflict with any of the objective 19 planning standards specified in subdivision (a), the local 20 government staff or relevant local planning and permitting 21 department that made the determination shall provide the 22 development, proponent written documentation of which standard 23 or standards the development conflicts with, and an explanation 24 for the reason or reasons the development conflicts with that 25 standard or standards, as follows.
26 (A) Within 60 days of submittal of the development to the local 27 government pursuant to this section if the development contains 28 150 or fewer housing units,
29 (B) Within 90 days of submittal of the development to the local 30 government pursuant to this section if the development contains 31 more than 150 housing units.
32 (2) If the local government's planning director q
33 equivalent position fails to provide the
34 required documentation pursuant to paragraph (1), the development 35 shall be deemed to satisfy the objective planning standards 36 specified in subdivision (a).
37 (3) For purposes of this section, a development is consistent 38 with the objective planning standards specified in subdivision (a) 39 if there is substantial evidence that would allow a reasonable person 40 to conclude that the development is consistent with the objective 98 63
25 — S$ 423
1 2
3 4
5 6
7 S
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
29 30
31 32
33 34
35 36
37 38
39 planning standards. The local government shall not determine that a development, including an application for a modification under subdivision—(g), (h), is in conflict with the objective planning standards on the basis that application materials are not included, if the application contains substantial evidence that would allow a reasonable person to conclude that the development is consistent with the objective planning standards.
r,---------Z� �___ _ __ __ __.. _ _ ..y ...- ... tP............ u...... riot reeMire a 8evelopment proponew to provide consultant studies eonsistettey with the objective planning standards-.
(4) Upon submittal of an application for streamlined, ministerial approval pursuant to this section to the local government, all departments of the local government that are required to issue an approval of the developmentprior to the granting of an entitlement shall comply with the requirements of this section within the time periods specified in paragraph (1),
(d) (1) Any design review of the development may be conducted by the local government's planning commission or any equivalent board or commission responsible for design review. That design review shall be objective and be strictly focused on assessing compliance with criteria required for streamlined projects, as well as any reasonable objective design standards published and adopted by ordinance or resolution by a local jurisdiction before submission of a development application, and shall be broadly applicable to development within the jurisdiction. That design review shall be completed, and if the development is consistent with all objective standards, the local government shall approve the development as follows and shall not in any way inhibit, chill, or preclude the ministerial approval provided by this section or its effect, as applicable:
(A) Within 90 days of submittal of the development to the local government pursuant to this section if the development contains 150 or fewer housing units.
(B) Within 180 days of submittal of the development to the local government pursuant to this section if the development contains more than 150 housing units,
9s
64 SB 423 — 26 —
1 (2) If the development is consistent with the requirements of 2 subparagraph (A) or (B) of paragraph (9) of subdivision (a) and 3 is consistent with all objective subdivision standards in the local 4 subdivision ordinance, an application for a subdivision pursuant 5 to the Subdivision Map Act (Division 2 (commencing with Section 6 66410)) shall be exempt from the requirements of the California 7 Environmental Quality Act (Division 13 (corninencing with Section 8 21000) of the Public Resources Code) and shall be subject to the 9 public oversight timelines set forth in paragraph (1). 10 (3) If a local government determines that a development 11 submitted pursuant to this section is in conflict with any of the 12 standards imposed pursuant to paragraph (1), it shall provide the 13 development proponent written documentation of which objective 14 standard or standards the development conflicts with, and an 15 explanation for the reason or reasons the development conflicts 16 with that objective standard or standards consistent with the 17 timelines described in paragraph (1) of subdivision (c). 18 (e) (1) Notwithstanding any other law, a local government, 19 whether or not it has adopted an ordinance governing automobile 20 parking requirements in multifamily developments, shall not 21 impose automobile parking standards for a streamlined 22 development that was approved pursuant to this section in any of 23 the following instances:
24 (A) The development is located within one-half mile of public 25 transit.
2.6 (B) The development is located within an architecturally and 27 historically significant historic district.
28 (C) When on -street parking permits are required but not offered 29 to the occupants of the development.
30 (D) When there is a car share vehicle located within one block 31 of the development.
32 (2) If the development does not fall within any of the categories 33 described in paragraph (1), the local government shall not impose 34 automobile parking requirements for streamlined developments 35 approved pursuant to this section that exceed one parking space 36 per unit.
37 (/) Notwithstanding any law, a local government shall not 38 require any of `thefollowingprior to approving a development that 39 meets the requirements of this section:
98 65
— 27 — SB 423
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
29 30
31 32
33 34
35 36
37 38
39 (1) Studies, information, or other materials that do not pertain directly to determining whether the development is consistent with the objective planning standards applicable to the development. (2) (A) Compliance with any standards Necessary to receive a postentitlement permit.
(B) .This paragraph does not prohibit a local agency from requiring compliance with any standards necessary to receive a postentitlementpermit after a permit has been issued pursuant to this section.
(C) For purposes of this paragraph, "postentitlerment permit" has the salve meaning as provided in subparagraph (A) of paragraph (3) of subdivision 6) of Section 65913.3.
(g) (1) If a local government approves a development pursuant to this section, then, notwithstanding any other lave, that approval shall not expire if the project satisfies both of the following requirements:
(A) The project includes public investment in housing
affordability, beyond tax credits.
(B) At least 50 percent of the units are affordable to households making at or below 80 percent of the area median income. (2) (A) If local government approves a development pursuant to this section, and the project does not satisfy the requirements of subparagraphs (A) and (B) of paragraph (1), that approval shall remain valid for three years from the date of the final action establishing that approval, or if litigation is filed challenging that approval, from the date of the final judgment upholding that approval. Approval shall remain valid for a project provided construction activity, including demolition and grading activity, on the development site has begun pursuant to a permit issued by the local jurisdiction and is in progress. For purposes of this subdivision, "in progress" means one of the following:
(i) The construction has begun and has not ceased for more than 180 days.
(ii) If the development requires multiple building permits, an initial phase has been completed, and the project proponent has applied for and is diligently pursuing a building permit for a subsequent phase, provided that once it has been issued, the building permit for the subsequent phase does not lapse. 98 66
SB 423 — 28 —
1 (B) Notwithstanding subparagraph (A), a local government may 2 grant a project a one-time, one-year extension if the project 3 proponent can provide documentation that there has been 4 significant progress toward getting the development construction 5 ready, such as filing a building permit application.
6 (3) If the development proponent requests a modification 7 pursuant to subdivision-(g-; (h), then the time during which the 8 approval shall remain valid shall be extended for the number of 9 days between the submittal of a modification request and the date 10 of its final approval, plus an additional 180 days to allow time to I obtain a building permit. If litigation is filed relating to the 12 modification request, the time shall be further extended during the 13 pendency of the litigation. The extension required by this paragraph 14 shall only apply to the first request for a modification submitted 15 by the development proponent.
16 (4) The amendments made to this subdivision by the act that 17 added this paragraph shall also be retroactively applied to 18 developments approved prior to January 1, 2022.
19 fg`
20 (h) (1) (A) A development proponent may request a
21 modification to a development that has been approved under the 22 streamlined, ministerial approval process provided in subdivision 23 (c) if that request is submitted to the local government before the 24 issuance of the final building permit required for construction of 25 the development.
26 (B) Except as provided in paragraph (3), the local government 27 shall approve a modification if it determines that the modification 28 is consistent with the objective planning standards specified in 29 subdivision (a) that were in effect when the original development 30 application was first submitted.
31 (C) The local government shall evaluate any modifications 32 requested pursuant to this subdivision for consistency with the 33 objective planning standards using the same assumptions and 34 analytical methodology that the local government originally used 35 to assess consistency for the development that was approved for 36 streamlined, ministerial approval pursuant to subdivision (c). 37 (D) A guideline that was adopted or amended by the department 38 pursuant to subdivision jrrr (n) after a development was approved 39 through the streamlined, ministerial approval process described in sa
67 — 29 — SB 423
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
29 30
31 32
33 34
35 36
37 38
39 40
subdivision (c) shall not be used as a basis to deny proposed modifications.
(2) Upon receipt of the development proponent's application requesting a modification, the local government shall determine if the requested modification is consistent with the objective planning standard and either approve or deny the modification request within 60 days after submission of the modification, or within 90 days if design review is required.
(3) Notwithstanding paragraph (1), the local government may apply objective planning standards adopted after the development application was first submitted to the requested modification in any of the following instances:
(A) The development is revised such that the total number of residential units or total square Footage of construction changes by 15 percent or more. The calculation of the square footage of construction changes shall not include underground space. (13) The development is revised such that the total number of residential units or total square footage of construction changes by 5 percent or more and it is necessary to subject the development to an objective standard beyond those in effect when the development application was submitted in order to mitigate or avoid a specific, adverse impact, as that term is defined in subparagraph (A) of paragraph (1) of subdivision 0) of Section 65589.5, upon the public health or safety and there is no feasible alternative method to satisfactorily mitigate or avoid the adverse impact. The calculation of the square footage of construction changes shall not include underground space.
(C) (i) Objective building standards contained in the California Building Standards Code (Title 24 of the California Code of Regulations), including, but not limited to, building plumbing, electrical, fire, and grading codes, may be applied to all modification applications that are submitted prior to the first building permit application. Those standards may be applied to modification applications submitted after the first building permit application if agreed to by the development proponent.
(ii) The amendments made to clause (i) by the act that added clause (i) shall also be retroactively applied to modification applications submitted prior to January 1, 2022.
(4) The local government's review of a modification request pursuant to this subdivision shall be strictly Iimited to determining 9&
68 s13 423 —30
1 whether the modification, including any modification to previously 2 approved density bonus concessions or waivers, modify the 3 development's consistency with the objective planning standards 4 and shall not reconsider prior determinations that are not affected 5 by the modification.
6 (h)
7 (a) (1) A local government shall not adopt or impose any 8 requirement, including, but not limited to, increased fees or 9 inclusionary housing requirements, that applies to a project solely 10 or partially on the basis that the project is eligible to receive 11 ministerial or streamlined approval pursuant to this section. 12 (2) (A) A local government shall issue a subsequent permit 13 required for a development approved under this section if the 14 application substantially complies with the development as it was 15 approved pursuant to subdivision (c). Upon receipt of an 16 application for a subsequent pennit, the local government shall 17 process the permit without unreasonable delay and shall not impose 18 any procedure or requirement that is not imposed on projects that 19 are not approved pursuant to this section. The local government 20 shall consider the application for subsequent permits based upon 21 the objective standards specified in any state or local laws that 22 were in effect when the original development application was 23 submitted, unless the development proponent agrees to a change 24 in objective standards. Issuance of subsequent permits shall 25 implement the approved development, and review of the permit 26 application shall not inhibit, chill, or preclude the development. 27 For purposes of this paragraph, a "subsequent permit" means a 28 permit required subsequent to receiving approval under subdivision 29 (c), and includes, but is not limited to, demolition, grading, 30 encroachment, and building permits and final neaps, if necessary. 31 (13) The amendments made to subparagraph (A.) by the act that 32 added this subparagraph shall also be retroactively applied to 33 subsequent permit applications submitted prior to January 1, 2022. 34 (3) (A) If a public improvement is necessary to implement a 35 development that is subject to the streamlined, ministerial approval 36 pursuant to this section, including, but not limited to, a bicycle 37 lane, sidewalk or walkway, public transit stop, driveway, street 38 paving or overlay, a curb or gutter, a modified intersection, a street 39 sign or street light, landscape or hardscape, an above -ground or 40 underground utility connection, a water line, fire hydrant, storm 98 69
31— SB 423
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 29
30 31
32 33
34 35
36 37
38 39
or sanitary sewer connection, retaining wall, and any related work, and that public improvement is located on land owned by the local government, to the extent that the public improvement requires approval from the local government, the local government shall not exercise its discretion over any approval relating to the public improvement in a manner that would inhibit, chill, or preclude the development.
(B) If an application for a public improvement described in subparagraph (A) is submitted to a local government, the local government shall do all of the following:
(i) Consider the application based upon any objective standards specified in any state or local laws that were in effect when the original development application was submitted.
(ii) Conduct its review and approval in the same manner as it would evaluate the public improvement if required by a project that is not eligible to receive ministerial or streamlined approval pursuant to this section.
(C) if an application for a public improvement described in subparagraph (A) is submitted to a local government, the local government shall not do either of the following:
(i) Adopt or impose any requirement that applies to a project solely or partially on the basis that the project is eligible to receive ministerial or streamlined approval pursuant to this section. (ii) Unreasonably delay in its consideration, review, or approval of the application.
0)
(j) (1) This section shall not affect a development proponent's ability to use any alterative streamlined by right permit processing adopted by a local government, including the provisions of subdivision (1) of Section 65583.2.
(2) This section shall not prevent a development from also qualifying as a housing development project entitled to the protections of Section 65589.5, This paragraph does not constitute a change in, but is declaratory of, existing law.
e
(k) The California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) does not apply to actions taken by a state agency, local government, or the San Francisco Bay Area rapid Transit District to:
98 ITO
SB 423 — 32 —
1 (1) Lease, convey, or encumber land owned by the local 2 government or the San Francisco Bay Area Rapid Transit District 3 or to facilitate the Lease, conveyance, or encumbrance of land 4 owned by the local government, or for the lease of land owned by 5 the San Francisco Bay Area Rapid Transit District in association 6 with an eligible TOD project, as defined pursuant to Section 7 29010.1 of the Public Utilities Code, nor to any decisions S associated with that lease, or to provide financial assistance to a 9 development that receives streamlined approval pursuant to this 10 section that is to be used for housing for persons and families of 11 very low, low, or moderate income, as defined in Section 50093 12 of the Health and Safety Code.
13 (2) Approve improvements located on land owned by the local 14 government or the San Francisco Say Area Rapid Transit District 15 that are necessary to implement a development that receives 16 streamlined approval pursuant to this section that is to be used for 17 housing for persons and families of very low, low, or moderate 18 income, as defined in Section 50093 of the Health and Safety Code, 19 (J)
20 (1) For purposes of establishing the total number of units in a 21 development under this chapter, a development or development 22 project includes both of the following:
23 (1) All projects developed on a site, regardless of when those 24 developments occur.
25 (2) All projects developed on sites adjacent to a site developed 26 pursuant to this chapter if, after January 1, 2023, the adjacent site 27 had been subdivided from the site developed pursuant to this 28 chapter.
29 30 (m) For purposes of this section, the following terms have the 31 following meanings:
32 (1) "Affordable housing cost" has the same meaning as set forth 33 in Section 50052.5 of the Health and Safety Code.
34 (2) (A) Subject to the qualification provided by subparagraphs 35 (B) and (C), "affordable rent" has the same meaning as set forth 36 in Section 50053 of the Health and Safety Code.
37 (B) For a development for which an application pursuant to this 38 section was submitted prior to January 1, 2019, that includes 500 39 units or more of housing, and that dedicates 50 percent of the total 40 number of units, before calculating any density bonus, to housing 98 71
— 33 — SIB 423
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
29 30
31 32
33 34
35 36
37 38
39 40
affordable to households making at, or below, 80 percent of the area median income, affordable rent for at least 30 percent of these units shall be set at an affordable rent as defined in subparagraph (A) and "affordable rent'' for the remainder of these units shall mean a rent that is consistent with the maximum rent levels for a housing development that receives an allocation of state or federal low --income housing tax credits from the California Tax Credit Allocation Committee.
(C) For a development that dedicates 100 percent of units, exclusive of a manager's unit or units, to lower income households, "affordable rent" shall mean a rent that is consistent with the maximum rent levels stipulated by the public program providing financing for the development.
(3) "Department" means the Department of Housing and
Community Development.
(4) "Development proponent" means the developer who submits a housing development project application to a local government under the streamlined, ministerial review process pursuant to this section.
(5) "Completed entitlements" means a housing development that has received all the required land use approvals or entitlements necessary for the issuance of a building permit.
(6) "Health care expenditures" include contributions under Section 401(a), 501(c), or 501(d) of the Internal Revenue Code and payments toward "medical care," as defined in Section 213(d)(1) of the Internal Revenue Code.
(7) "Housing development project" has the same meaning as in Section 65589.5.
(8) "Locality" or "local government" means a city, including a charter city, a county, including a charter county, or a city and county, including a charter city and county.
(9) "Moderate -income housing units" means housing units with an affordable housing cost or affordable rent for persons and families of moderate income, as that term is defined in Section 50093 of the Health and Safety Code.
specifications,(10) "Objeetiveplanning standards" shall not include stan in the Galifemia Building Standards Code (Title 24-o
noise ordinanees, other eodes requiring detailed teehni studies the are evaluated with subsequent permit-s-,
99 72
SR 423 --- 34 —
1 or other staitdards that itseertairiable by the leeft! 2 government within the time limits set fa�h in �ttbdivigiart3 (e)i� 3 , but are riot
4 limited to, construction logistics plans, plumbing plans,-e6etriea 5plam,grading, emeavation plans,geotechnical studies,
and offiite Ptt
7 {}
8 (10) "Production report" means the information reported 9 pursuant to subparagraph (H) of paragraph (2) of subdivision (a) 10 of Section 65400.
11 f
12 (11) "State agency„ includes every state office, officer, 13 department, division, bureau, board, and commission, but does not 14 include the California State University or the University of 15 California.
16 {
17 (12) "Reporting period" means either of the following:
18 (A) The first half of the regional housing needs assessment 19 cycle.
20 (l3) The last half of the regional housing needs assessment cycle. 21 ( 4)
22 (13) "Urban uses" means any current or former residential, 23 commercial, public institutional, transit or transportation passenger 24 facility, or retail use, or any combination of those uses. 25 26 (n) The department may review, adopt, amend, and repeal 27 guidelines to implement uniform standards or criteria that 28 supplement or clarify the terms, references, or standards set forth 29 in this section. Any guidelines or terms adopted pursuant to this 30 subdivision shall not be subject to Chapter 3.5 (commencing with 31 Section 11340) of Part 1 of Division 3 of Title 2 of the Government 32 Code.
33 (rr)
34 (o) The determination of whether an application for a 35 development is subject to the streamlined ministerial approval 36 process provided by subdivision (c) is not a "project" as defined 37 in Section 21065 of the Public Resources Code.
38 fo
39 (p) Notwithstanding any law, for purposes of this section and 40 for development on property owned by or leased to the state, the 98 73
— 35 — SB 423
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 24
21 22
23 24
25 26
27 28
29 30
31 32
33 Department of General Services may act in the place of locality or local government, at the discretion of the department. (q) The provisions of clause (iii) of subparagraph (E) of paragraph (8) of subdivision (a) relating to health care expenditures are distinct and severable from the remaining provisions of this section. However, the retraining portions of paragraph (8) of subdivision (a) are a material and integral part of this section and are not severable. If any provision or application of paragraph (8) of subdivision (a) is held invalid, this entire section shall be null and void.
(r) It is the policy of the state that this section be interpreted and implemented in a manner to afford the fullest possible weight to the interest of, and the approval and provision of, increased housing supply.
SEC. 3. The Legislature finds and declares that ensuring access to affordable housing is a matter of statewide concern and is not a municipal affair as that tenn is used in Section S of Article XI of the California Constitution. Therefore, Section 2 of this act amending Section. 65913.4 of the Government Code applies to all cities, including charter cities.
SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act or because costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17S56 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
W
98 74
Exhibit E
AMENDED IN ASSEMBLY MARCH 9, 2023
CALIFORNIA LEGISLAT'UPE--2023-24 REGULAR SESSION
ASSEMBLY BILL No. 1708
Introduced by Assembly Member Muratsuchi
February 17, 2023
An act reiating to eorreeiiens. to amend Sections 459.5 and 490.2 of, to add Section 666.1 to, and to add Chapter 2.97 (commencing with Section 1001.98) to Title 6 of Part 2 of, the Penal Code, relating to theft.
LEGISLATIVE COUNSEL'S DIGEST
AB 1708, as amended, Muratsuchi. Gerreetiotts. rehabilitative Thefi.
(1) Existing law, the Safe Neighborhoods and Schools Act, enacted by Proposition 47, as approved by the voters at the November 4, 2014, statewide general election, defines and prohibits an act of shoplifting and prohibits prosecution for an act of shoplifting tinder any other law.
This bill would refine the definition of shoplifting and would specifically exclude certain offenses from prosecution as shoplifting, including, among others, the theft ofafirearm or vehicle, identity theft, and credit card fraud.
(2) Existing law requires, except as excluded, the theft of anyproperty valued below $950 to be charged as petty theft, a misdemeanor This bill would similarly exclude certain offenses from this provision, including, among others, the theft of a vehicle, identity theft, and credit card fraud.
(3) Existing law provides that a person with a prior conviction for specified sex offenses may be charged with a felony for shoplifting or for theft ofproperty not exceeding $950 in value.
98 W
AB 1708 —2—
This bill would require a person convicted ofpetty theft or shoplifting, if the person has 2 or more prior convictions for specified theft -related offenses, to be punished by imprisonment in the county jail for up to one year, or for 16 months, or 2 or 3 years.
(4) Existing law, until January 1, 2026, authorizes a city or county prosecuting authority or county probation department to create a diversion or deferred entry ofjudgmentprogram pursuant to this section for persons who commit a theft offense or repeat theft offenses, as specified.
This bill would authorize a city or county prosecuting authority or countyprobation department to create a diversionprogram forpersons who commit theft or repeat theft offenses, as specified. (5) This bill would provide that the provisions of the bill that amend Proposition 47 would become effective only upon approval of the voters, and would provide for the submission of those provisions to the voters for approval at the next statewide general election.
Existing 1 sp- the Department of Gerreetions and
meets specified requirements, including wait time,s
of seeurity i length.
This bill would exljress the intent ofthe Legislature to enaet legiglatitm partieipation in rehabilitative serviee-s:
Vote: majority. Appropriation: no. Fiscal committee: tie -yes.
State -mandated local program: no.
The people of the State of California do enact as follows:
1 SECTION 1. Section 459.5 of the Penal Code is amended to 2 read:
3 459.5. (a) Notwithstanding Section 459, shoplifting is defined 4 as entering a commercial establishment
5 larceny while that establishment is open during regular business 6 hours, with the intent to steal retail property or merchandise, where 7 the value of the property that is taken or intended to be taken does 8 not exceed nine hundred fifty dollars ($950). Any other entry into 9 a commercial establishment with intent to commit larceny is 10 burglary. Shoplifting shall be punished as a misdemeanor, except 11 that a person with one or more prior convictions for an offense 98 76
— 3 — AB 1708
1 specified in clause (iv) of subparagraph (C) of paragraph (2) of 2 subdivision (e) of Section 667 or for an offense requiring 3 registration pursuant to subdivision (c) of Section 290 may be 4 punished pursuant to subdivision (h) of Section 1170. 5 (b) Any act of shoplifting as defined in subdivision (a) shall be 6 charged as shoplifting. No person who is charged with shoplifting 7 may also be charged with burglary or theft of the same property. 8 (c) This section does not apply to theft of a firearm; forgery, as 9 described in Chapter 4 (commencing with Section 470); the 10 unlawful sale, transfer, or conveyance of an access card in 11 violation of Section 484e; forgery of an access card in violation 12 of Section 484f; the unlawful use of an access card in violation of 13 Section 484g; theft from an elder or dependent adult in violation 14 of subdivision (e) of Section 368; receiving stolen property in 15 violation of Section 496; embezzlement, as described in Chapter 16 6 (commencing with Section 503); identity theft in violation of 17 Section 530.5; or the theft or unauthorized use of a vehicle in 18 violation of Section 10851 of the Vehicle Code.
19 (d) As used in this section, the fallowing terms have the following 20 meanings:
21 (1) "Retail property or merchandise " means any article, 22 product, commodity, item, or component intended to be sold in 23 retail commerce.
24 (2) "Value " means the retail value of an item as advertised by 25 the affected retail establishment, including applicable taxes. 26 SEC. 2. Section 490.2 of the Penal Code is amended to read:
27 490.2. (a) Notwithstanding Section 487 or any other provision 28 of law defining grand theft, obtaining any property by theft where 29 the value of the money, labor, real or personal property taken does 30 not exceed nine hundred fifty dollars ($950) shall be considered 31 petty theft and shall be punished as a misdemeanor, except that 32 such person may instead be punished pursuant to subdivision (h) 33 of Section 1170 if that person has one or more prior convictions 34 for an offense specified in clause (iv) of subparagraph (C) of 35 paragraph (2) of subdivision (e) of Section 667 or for an offense 36 requiring registration pursuant to subdivision (c) of Section 290, 37 (b) This section shall not be applicable to any theft that may be 38 charged as an infraction pursuant to any other provision of law. 39 (c) This sections does not apply to theft of aear
40 firearm; forgery, as described in Chapter 4 (commencing with 98 AB 1708
—4-
1 Section 470); the unlawful sale, transfer, or conveyance of an 2 access card in violation of Section 484e; forgery of an access card 3 in violation of Section 484f; the unlawful use of an access. card in 4 violation of Section 484g; theft from an elder or dependent adult 5 in violation of subdivision (e) of Section 368; receiving stolen 6 property in violation of Section 496; embezzlement, as described 7 in Chapter 6 (commencing with Section 503); identity theft in 8 violation of Section 530.5; or the theft or unauthorized use of a 9 vehicle in violation of Section 10851 of the Vehicle Code. 10 SEC, 3. Section 666.1 is added to the Penal Code, to read:
11 666.1. (a) (1) Notwithstanding any other law, a person who, 12 having two or more convictions for any of the offenses listed in 13 paragraph (2), and who is subsequently convicted of petty theft or 14 shoplifting, is punishable by imprisonment in the county jail not 15 exceeding one year, or pursuant to subdivision (h) of Section 1170, 16 (2) This section applies to the following offenses:
17 (A) Petty theft, as described in Section 488.
18 (B) Grand theft, as described in Section 487.
19 (C) Theft from an elder or dependent adult in violation of 20 subdivision (e) of Section 368.
21 (D) The theft or unauthorized use of a vehicle, as described in 22 Section 10851 of the Vehicle Code.
23 (E) Burglary, as described in Section 459.
24 (F) Car jacking, as described in Section 215,
25 (G) Robbery, as described in Section 211.
26 (H) Receiving stolen property, as described in Section 496. 27 (,1) Shoplifting, as described in Section 459.5.
28 (J) Mail theft, as described in subdivision (e) of Section 530.5. 29 (b) This section shall not be construed to preclude prosecution 30 or punishment pursuant to any other law.
31 SEC. 4. Chapter 2.97 (commencing with Section 1001.98) is 32 added to Title 6 of Part 2 of the Penal Code, to read:
33 34 CHAPTER 2.97. TrrHFT CRrmRs.D.ry Rsrory
35 36 1001.98. (a) The city or county prosecuting attorney or county 37 probation department may create a diversion program pursuant 38 to this section for persons who commit a theft offense or repeat 39 theft offenses. The program may be conducted by the prosecuting 40 attorney's office or the county probation department. 99 78
-5— AB 1748
1 (b) .Except as provided in subdivision (e), this chapter does not 2 limit the power of the prosecuting attorney to prosecute theft or 3 repeat theft.
4 (c) If a county creates a diversion or deferred entry ofjudgment 5 program for individuals committing theft or repeat theft offenses, 6 on receipt of a case or at arraignment, the prosecuting attorney 7 shall either refer the case to the county probation department to 8 conduct a prefaling investigation report to assess the 9 appropriateness of program placement or, if the prosecuting 10 attorney's office operates the program, determine if the case is 11 one that is appropriate to be referred to the program. In 12 determining whether to refer a case to the program, the probation 13 department or prosecuting attorney shall consider, but is not 14 limited to, all of the following factors:
15 (1) Any prefiling investigation report conducted by the county 16 probation department or nonprofit contract agency operating the 17 program that evaluates the individual's risk and needs and the 18 appropriateness of program placement.
19 (2) If the person demonstrates a willingness to engage in 20 community service, restitution, or other mechanisms to repair the 21 harm caused by the criminal activity and address the underlying 22 drivers of the criminal activity,
23 (3) If a risk and needs assessment identifies underlying 24 substance abuse or mental health needs or other drivers of criminal 25 activity that can be addressed through the diversion or deferred 26 entry ofjudgment program.
27 (4) If the person has a violent or serious prior criminal record 28 or has previously been referred to a diversion program and failed 29 that program,
30 (5) Any relevant information concerning the efficacy of the 31 program in reducing the likelihood of participants committing 32 future offenses.
33 (d) On referral of a case to the program, a notice shall be 34 provided to the person alleged to have committed the offense with 35 both of the following information:
36 (1) The date by which the person must contact the diversion 37 program or deferred entry of judgment program in the manner 38 designated by the supervising agency.
39 (2) A statement of the penalty for the offense or offenses with 40 which that person has been charged.
99 79
AB 1708 — 6 —
1 (e) The prosecuting attorney may enter into a written agreement 2 with the person to refrain from, or defer, prosecution on the offense 3 or offenses on the following conditions:
4 (1) Completion of the program requirements such as community 5 service or courses reasonably required by the prosecuting attorney, 6 (2) Malting adequate restitution or an appropriate substitute 7 for restitution to the victim or victims.
8 SEC .5. This act amends the Safe Neighborhoods and Schools 9 Act, an initiative statute approved by the voters at the November 10 4, 2014, statewide general election as Proposition 47, and shall 11 become effective only when submitted to and approved by the 12 voters, The Secretary of State shall submit Sections 1, 2, and 3 of 13 this act for approval by the voters at a statewide election in 14 accordance with Section 9040 of the Elections Code.
15 SEGT4e�+ 1. it is the intent of the Legislature to C=4' 16 17 through partieipatiott in rehabilitative serviees. ,2
98 80
Exhibit F
AMENDED IN ASSEMBLY MARCH 15, 2023
CALIFORNIA LEGI SLAT URE-2023-24 REGULAR SESSION
ASSEMBLY BILE, .No. 742
Introduced by Assembly Member Jackson
(Coauthor: Assembly lklember Kalra)
(Coauthors: Assembly Members Kalra, Bryan, and Lee)
February 13, 2023
An act to add Section 13553 to the Penal Code, relating to law enforcement.
LEGISLATIVE COUNSEL'S DIGEST
AB 742, as amended, Jackson. Law enforcement: police canines.
Existing law authorizes a peace officer to use Treasonable, force to effect the arrest, to prevent escape, or to overcome resistance of an individual. Existing Iaw requires law enforcement agencies to maintain -a policy on the use of force.
Existing law prohibits the use of kinetic energy projectiles or chemical agents by any law enforcement agency to disperse any assembly, protest, or demonstration, except in compliance with specified standards.
This bill would prohibit the use of an unleashed police canine by law enforcement to apprehend a person, and any use of a police canine for crowd control. The bill would prohibit law enforcement agencies from authorizing any use or training of a police canine that is inconsistent with this bill.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State -mandated local program: no.
Revised 3-22-23—See last page.
Nil
81 AB 742
—2—
2 3
4 5
6 7
4 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 29
30 31
32 33
34 35
36 37
38 The people of the State of California do enact asfollows:
_
_
_
_ _ _ _
_ _
!
i
Y
! R
■ f • •
■
.
-
-
s
_ _ _
i
_
■ ;
■
;
_ _ _
■
•
R f
• ;
! _ _WPM
-'
- -
■
-
-CIO-
III -I.:
-;
--
Min
_
IN _ _ _ _
__
R:
__
_ _ _ : _ _
_
AL
___ _ in
M
fare_
i _ _ ■
_
oliee
M . _ _
y._ other •
_ T. _
_ _
useof
_ _ _
R
* R
people,
SECTION], (a) The use ofpolice canines has been a mainstay in this country's dehumanizing, cruel, and violent abuse of Black Americans and people of color for centuries. First used by slave catchers, police canines are a violent carryover from America's dark past. In recent decades, they have been used in brutal attempts to quell the Civil Rights Movement, the LA Dace riots, and in response to Black Lives Matter protests. The use of police canines make people fear and further distrust the police, resulting in less safety and security far all, especially for communities of color:
(b) The use of police canines has severe and potentially deadly consequences for bile victims. In a Police Assessment Resource Center study of police canine bites, researchers found that bites resulted in hospital visits 67.5 percent of the time. In contrast, 98 82
— 3 AB 742
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
29 30
31 other uses offorce, including batons and tasers, resulted in hospital visits 22 percent of the time or less, These sanae researchers found that police canine bites led to permanent physical disfigurement and injuries to bones, blood vessels, nerves, breasts, testicles, faces, noses, and eyes, sometimes causing blindness.
(c) Per the California Department ofJustice Use of Force data from 2021, injuries caused by police canines accounted for nearly 12 percent of cases that resulted in severe injury or death. Ofthese cases, Black people are more than two times more likely than any other group to be subjected to this use of force.
SEC. 2. Section 13653 is added to the Penal Code, to read:
13653. (a) It is the intent of the Legislature to prevent the use of police canines for the purpose of arrest, apprehension, or any form of crowd control.
(b) A peace officer shall not use an unleashed police canine to arrest or apprehend a person.
(c) A police canine shall not be used for crowd control at any assembly, protest, or demonstration.
(d) A police canine shall not be used in any circumstance to bite.
(e) A law enforcement agency shall not authorize any use or training of a police canine that is inconsistent with this section. (f) This section shall not be interpreted as to prevent the use of police canines by law enforcement for purposes of search and rescue, explosives detection, and narcotics detection that do not involve biting.
REVISIONS. -
Heading —Line 2.
❑i
98 83