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<ns0:Id>20250SB__142699INT</ns0:Id>
<ns0:VersionNum>99</ns0:VersionNum>
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<ns0:Action>
<ns0:ActionText>INTRODUCED</ns0:ActionText>
<ns0:ActionDate>2026-02-24</ns0:ActionDate>
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<ns0:SessionYear>2025</ns0:SessionYear>
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<ns0:MeasureType>SB</ns0:MeasureType>
<ns0:MeasureNum>1426</ns0:MeasureNum>
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<ns0:AuthorText authorType="LEAD_AUTHOR">Introduced by Committee on Housing (Senators Arreguín (Chair), Cabaldon, Caballero, Cortese, Durazo, Gonzalez, Grayson, Ochoa Bogh, Padilla, and Seyarto)</ns0:AuthorText>
<ns0:Authors>
<ns0:Committee>
<ns0:Contribution>LEAD_AUTHOR</ns0:Contribution>
<ns0:House>SENATE</ns0:House>
<ns0:Name>Committee on Housing</ns0:Name>
<ns0:Members>Senators Arreguín (Chair), Cabaldon, Caballero, Cortese, Durazo, Gonzalez, Grayson, Ochoa Bogh, Padilla, and Seyarto</ns0:Members>
</ns0:Committee>
</ns0:Authors>
<ns0:Title> An act to amend Sections 54222.3.1, 54230, 65400, 65583.1, 65852.21, 65852.24, 66411.7 of, and to repeal Sections 65400.1 and 65625 of, the Government Code, relating to land use, and declaring the urgency thereof, to take effect immediately. </ns0:Title>
<ns0:RelatingClause>land use, and declaring the urgency thereof, to take effect immediately</ns0:RelatingClause>
<ns0:GeneralSubject>
<ns0:Subject>Planning and zoning: annual report.</ns0:Subject>
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<ns0:DigestText>
<html:p>Existing law, the Planning and Zoning Law, requires each county and each city to adopt a comprehensive, long-term general plan for the physical development of the county or city, and specified land outside its boundaries, that includes, among other specified mandatory elements, a housing element. That law requires the planning agency of a city or county to provide by April 1 of each year an annual report to, among other entities, the Office of Land Use and Climate Innovation and the Department of Housing and Community Development, that includes, among other specified information, the status of a development of land disposed, as described, the information each county and city is required to include in its central inventory of surplus land and report, as specified, and the number of applications for parcel maps for urban lot splits, as provided.</html:p>
<html:p>This bill would make nonsubstantive changes and reorganize various provisions relating to the annual report requirements, including the requirements described above, and would make related nonsubstantive conforming changes.</html:p>
<html:p>This bill would declare that it is to take effect immediately as an urgency statute.</html:p>
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<ns0:DigestKey>
<ns0:VoteRequired>TWO_THIRDS</ns0:VoteRequired>
<ns0:Appropriation>NO</ns0:Appropriation>
<ns0:FiscalCommittee>NO</ns0:FiscalCommittee>
<ns0:LocalProgram>NO</ns0:LocalProgram>
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<ns0:ImmediateEffect>YES</ns0:ImmediateEffect>
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<ns0:Urgency>YES</ns0:Urgency>
<ns0:TaxLevy>NO</ns0:TaxLevy>
<ns0:Election>NO</ns0:Election>
<ns0:UsualCurrentExpenses>NO</ns0:UsualCurrentExpenses>
<ns0:BudgetBill>NO</ns0:BudgetBill>
<ns0:Prop25TrailerBill>NO</ns0:Prop25TrailerBill>
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<ns0:Preamble>The people of the State of California do enact as follows:</ns0:Preamble>
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<ns0:Num>SECTION 1.</ns0:Num>
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Section 54222.3.1 of the
<ns0:DocName>Government Code</ns0:DocName>
is amended to read:
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<ns0:Num>54222.3.1.</ns0:Num>
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<html:p>
(a)
<html:span class="EnSpace"/>
Subject to subdivisions (b) to (f), inclusive, this article shall not apply to the disposal of land by a city with a population exceeding 2,500,000 for use for any of the following purposes:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
A Low Barrier Navigation Center, as defined in Section 65660.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Supportive housing, as defined in Section 50675.14 of the Health and Safety Code.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Transitional housing, as defined in subdivision (j) of Section 65582, for youth and young
adults. For purposes of this paragraph, “youth and young adults” means persons between 12 and 24 years of age, inclusive, and includes persons who are pregnant and parenting.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Affordable housing. For purposes of this paragraph, “affordable housing” means a housing development with 100 percent of all units in the development, but exclusive of a manager’s unit or units, sold or rented to lower income households, as defined by Section 50079.5 of the Health and Safety Code, or an affordable rent set in an amount consistent with the rent limits established by the California Tax Credit Allocation Committee, except that up to 20 percent of the units in the development may be for moderate-income households, as defined in Section 50053 of the Health and Safety Code, or an affordable rent set in an amount consistent with the rent limits established by the California Tax Credit Allocation Committee.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Before land described in subdivision (a) is disposed of the city shall meet both of the following requirements:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The city shall have a housing element that is compliant with law, including, but not limited to, Chapter 3 (commencing with Section 65100) of Division 1 of Title 7, as determined by the Department of Housing and Community Development.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The city shall be designated prohousing pursuant to subdivision (c) of Section 65589.9.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
If a city disposes of land pursuant to this section and the development 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, construction and rehabilitation work on the land shall meet all of the following conditions:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The project sponsor 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.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
All contractors and subcontractors for those portions of the development that are not a public work shall comply with both of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Maintain and verify payroll records pursuant to Section 1776 of the Labor Code and make those records available for inspection and copying as provided in that section. This clause 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 clause, “project labor agreement” has the same
meaning as set forth in paragraph (1) of subdivision (b) of Section 2500 of the Public Contract Code.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
The obligation of the contractors and subcontractors to pay prevailing wages pursuant to this subdivision may be enforced by any of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
An underpaid worker through an administrative complaint or civil action.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
A joint labor-management committee through a civil action under Section 1771.2 of the Labor Code.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
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 through an arbitration procedure. For purposes of this subparagraph, “project labor agreement” has the same meaning as set forth in paragraph (1) of subdivision (b) of Section 2500 of the Public Contract Code.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
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 the development that are not a public work if otherwise provided in a bona fide collective bargaining agreement covering the worker.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The requirement of this subdivision 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.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
A city may dispose of land pursuant to this section for a project involving construction or rehabilitation of 40 or more housing units only if the work will be subject to a project labor agreement. For purposes of this subdivision, “project labor agreement” has the same meaning
as in paragraph (1) of subdivision (b) of Section 2500 of the Public Contract Code. This subdivision does not apply to projects for the construction or rehabilitation of low barrier navigation centers pursuant to paragraph (1) of subdivision (a).
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The Department of Housing and Community Development may request additional information from the city regarding land disposed of pursuant to this section.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Notwithstanding subdivision (f), a city that responds to the Department of Housing and Community Development pursuant to this subdivision shall not be liable for a civil penalty if the city is not
notified by the Department of Housing and Community Development that the proposed disposal would violate this section within 30 days of receiving the requested information. A city shall have 60 days to cure or correct an alleged violation before an action may be brought to enforce this section, unless the city disposes of the land before curing or correcting the alleged violation, or the department deems the alleged violation not to be a violation in fewer than 60 days.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
If the city disposes of land in violation of this section, the city shall be liable for a civil penalty calculated as follows:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
For a first violation, 30 percent of the greater of the final sale price or the fair market value of the land at the time of disposition, or in the case of a lease, the discounted net present value of the fair market value of the lease as of the date the lease was entered into.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
For a second or subsequent violation, 50 percent of the greater of the final sale price or the fair market value of the land at the time of disposition, or in the case of a lease, the discounted net present value of the fair market value of the lease as of the date the lease was entered into.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
For purposes of paragraph (1), fair market value shall be determined by an independent appraisal of the land or lease, as applicable.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
An action to enforce paragraph (1) may be
brought by any of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
An entity identified in subdivisions (a) to (e), inclusive, of Section 54222.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
A person who would have been eligible to apply for residency in affordable housing had the city not violated this section.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
A housing organization, as that term is defined in Section 65589.5.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
A beneficially interested person or entity.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
The Department of Housing and Community Development.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
A penalty assessed pursuant to this subdivision shall, except as otherwise provided, be deposited into a local housing trust fund. The city may elect to instead deposit the penalty moneys into the Building
Homes and Jobs Trust Fund or the Housing Rehabilitation Loan Fund. Penalties shall not be paid out of funds already dedicated to affordable housing, including, but not limited to, Low and Moderate Income Housing Asset Funds, funds dedicated to housing for very low, low-, and moderate-income households, and federal HOME Investment Partnerships Program and Community Development Block Grant Program funds. The city shall commit and expend the penalty moneys deposited into the local housing trust fund within five years of deposit for the sole purpose of financing newly constructed housing units that are affordable to extremely low, very low, or low-income households.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Five years after deposit of the penalty moneys into the local housing trust fund, if the funds have not been expended, the funds shall revert to the state and be deposited in the Building Homes and Jobs Trust Fund or the Housing Rehabilitation Loan Fund for the sole purpose of
financing newly constructed housing units located in the same jurisdiction as the surplus land and that are affordable to extremely low, very low, or low-income households. Expenditure of any penalty moneys deposited into the Building Homes and Jobs Trust Fund or the Housing Rehabilitation Loan Fund pursuant to this subdivision shall be subject to appropriation by the Legislature.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
This section shall not be construed to impose or affect any requirement applicable to disposals of land under any other provision of this article, including, but not limited to, any requirement for notice.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
This section shall remain in effect only until January 1, 2034, and as of that date is repealed.
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<ns0:Num>SEC. 2.</ns0:Num>
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Section 54230 of the
<ns0:DocName>Government Code</ns0:DocName>
is amended to read:
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<ns0:Num>54230.</ns0:Num>
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<html:p>
(a)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
On or before December 31 of each year, each county and each city shall make a central inventory of all surplus land, as defined in subdivision (b) of Section 54221, and all lands in excess of its foreseeable needs, if any, identified pursuant to Section 50569, located in all urbanized areas and urban clusters, as designated by the United States Census Bureau, within the jurisdiction of the county or city that the county or city or any of its departments, agencies, or authorities owns or controls.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Each county
and each city shall make a description of each parcel described in paragraph (1) and the present use of the parcel a matter of public record and shall report this information to the Department of Housing and Community Development, in a form prescribed by the department, as part of its annual progress report submitted pursuant to paragraph (2) of subdivision (a) of Section 65400.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The information reported pursuant to this paragraph shall include, but not be limited to, the following information with respect to each site:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Street address, or similar location information.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Assessor’s parcel number.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
Existing use.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
Whether the site is surplus land or exempt surplus land.
</html:p>
<html:p>
(v)
<html:span class="EnSpace"/>
Size in acres.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Each county and each city, upon request, shall provide a list of its surplus land and excess surplus land to an individual, limited dividend corporation, housing corporation, or nonprofit corporation without
charge.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
The Department of Housing and Community Development shall provide the information reported to it by a city or county pursuant to paragraph (2) of subdivision (a) to the Department of General Services for inclusion in a digitized inventory of all state-owned parcels that are in excess of state needs.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The Department of Housing and Community Development may review, adopt, amend, and repeal standards, forms, and definitions in order to implement this section. Any standards, forms, or definitions adopted, amended, or repealed pursuant to this subdivision are hereby exempt from the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2).
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<ns0:Num>SEC. 3.</ns0:Num>
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Section 65400 of the
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is amended to read:
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<ns0:Num>65400.</ns0:Num>
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<html:p>
(a)
<html:span class="EnSpace"/>
After the legislative body has adopted all or part of a general plan, the planning agency shall do both of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Investigate and make recommendations to the legislative body regarding reasonable and practical means for implementing the general plan or element of the general plan so that it will serve as an effective guide for orderly growth and development, preservation and conservation of open-space land and natural resources, and the efficient expenditure of public funds relating to the subjects addressed in the general plan.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Provide by April 1 of each year an annual report to the legislative body, the Office of Land Use and Climate Innovation, and the Department of Housing and
Community Development that includes all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The status of the plan and progress in its implementation.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
(I)
<html:span class="EnSpace"/>
The progress in meeting its share of regional housing needs determined pursuant to Section 65584, including the need for extremely low income households, as determined pursuant to Section 65583, and local efforts to remove governmental constraints to the maintenance, improvement, and development of housing pursuant to paragraph (3) of subdivision (c) of Section 65583.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
The annual report shall include the progress in meeting the city’s or county’s progress in meeting its share of regional housing need, as described in subclause (I), for the sixth and previous revisions of the housing element.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The housing element portion of the annual report, as required by this paragraph, shall be prepared through the use of standards, forms, and definitions adopted by the Department of Housing and Community Development. The department may review, adopt, amend, and repeal the standards, forms, or definitions to implement this article. Any standards, forms, or definitions adopted to implement this article shall not be subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2. Before and after adoption of the forms, the housing element portion of the annual report shall include a section that describes the actions taken by the local government towards completion of the programs and status of the local government’s compliance with the deadlines in its housing element. The report shall be considered at an annual public meeting before the legislative body where members of the public shall be allowed to provide oral
testimony and written comments.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
The report may include the number of units that have been completed pursuant to subdivision (c) of Section 65583.1. For purposes of this paragraph, committed assistance may be executed throughout the planning period, and the program under paragraph (1) of subdivision (c) of Section 65583.1 shall not be required. The report shall document how the units meet the standards set forth in that subdivision.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
The planning agency shall include the number of units in a student housing development for lower income students for which the developer of the student housing development was granted a density bonus pursuant to subparagraph (F) of paragraph (1) of subdivision (b) of Section 65915.
</html:p>
<html:p>
(v)
<html:span class="EnSpace"/>
The report may include the number of units of existing deed-restricted affordable housing with
an average affordability no greater than 45 percent of area median income that are at least 15 years old and have been substantially rehabilitated with at least sixty thousand dollars ($60,000) per unit in funds awarded from the city or, for unincorporated areas, the county, inclusive of forgiveness of principal or interest on existing debt. Any units included in the report pursuant to this clause shall not be considered when determining affordability requirements for purposes of paragraph (4) of subdivision (a) of Section 65913.4.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The number of housing development applications received in the prior year, including both of the following, when applicable:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Whether each housing development application is subject to a ministerial or discretionary approval process.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Beginning with the report due by April 1,
2027, whether each application is subject to a replacement housing or relocation assistance obligation pursuant to local, state, or federal law, including, but not limited to, Section 65583.2, 65915, or 66300.6.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
The number of units included in all development applications in the prior year.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
The number of units approved and disapproved in the prior year, which shall include all of the following subcategories:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
The number of units located within an opportunity area.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
For the seventh and each subsequent revision of the housing element, the number of units approved and disapproved for acutely low income households within each opportunity area.
</html:p>
<html:p>
(III)
<html:span class="EnSpace"/>
For
the seventh and each subsequent revision of the housing element, the number of units approved and disapproved for extremely low income households within each opportunity area.
</html:p>
<html:p>
(IV)
<html:span class="EnSpace"/>
The number of units approved and disapproved for very low income households within each opportunity area.
</html:p>
<html:p>
(V)
<html:span class="EnSpace"/>
The number of units approved and disapproved for lower income households within each opportunity area.
</html:p>
<html:p>
(VI)
<html:span class="EnSpace"/>
The number of units approved and disapproved for moderate-income households within each opportunity area.
</html:p>
<html:p>
(VII)
<html:span class="EnSpace"/>
The number of units approved and disapproved for above moderate-income households within each opportunity area.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
For purposes of this subparagraph, “opportunity area” means a highest,
high, moderate, or low resource area pursuant to the most recent “CTCAC/HCD Opportunity Map” published by the California Tax Credit Allocation Committee and the Department of Housing and Community Development.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
The degree to which its approved general plan complies with the guidelines developed and adopted pursuant to Section 65040.2 and the date of the last revision to the general plan.
</html:p>
<html:p>
(G)
<html:span class="EnSpace"/>
A listing of sites rezoned to accommodate that portion of the city’s or county’s share of the regional housing need for each income level that could not be accommodated on sites identified in the inventory required by paragraph (1) of subdivision (c) of Section 65583 and Section 65584.09. The listing of sites shall also include any additional sites that may have been required to be identified by Section 65863.
</html:p>
<html:p>
(H)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
The number of units of housing demolished and new units of housing, including both rental housing and for-sale housing and any units that the County of Napa or the City of Napa may report pursuant to an agreement entered into pursuant to Section 65584.08, that have been issued a completed entitlement, a building permit, or a certificate of occupancy, thus far in the housing element cycle, and the income category, by area median income category, that each unit of housing satisfies. That production report shall do the following:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
For each income category described in this subparagraph, distinguish between the number of rental housing units and the number of for-sale units that satisfy each income category.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
For each entitlement, building permit, or certificate of occupancy, include a unique site identifier that must include the assessor’s parcel number, but
may also include street address, or other identifiers.
</html:p>
<html:p>
(III)
<html:span class="EnSpace"/>
Beginning with the report due by April 1, 2027, for each entitlement, building permit, or certificate of occupancy, include the total number of replacement housing units by income level required pursuant to local, state, or federal law, including, but not limited to, Section 65583.2, 65915, or 66300.6.
</html:p>
<html:p>
(IV)
<html:span class="EnSpace"/>
Beginning with the report due by April 1, 2027, for each entitlement, building permit, or certificate of occupancy, include the number, by income level, of replacement housing units entitled, permitted, or issued a certificate of occupancy.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
For the County of Napa and the City of Napa, the production report may report units identified in the agreement entered into pursuant to Section 65584.08.
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
The number of applications submitted pursuant to subdivision (a) of Section 65913.4, the location and the total number of developments approved pursuant to subdivision (c) of Section 65913.4, the total number of building permits issued pursuant to subdivision (c) of Section 65913.4, the total number of units including both rental housing and for-sale housing by area median income category constructed using the process provided for in subdivision (c) of Section 65913.4.
</html:p>
<html:p>
(J)
<html:span class="EnSpace"/>
If the city or county has received funding pursuant to the Local Government Planning Support Grants Program (Chapter 3.1 (commencing with Section 50515) of Part 2 of Division 31 of the Health and Safety Code), the information required pursuant to subdivision (a) of Section 50515.04 of the Health and Safety Code.
</html:p>
<html:p>
(K)
<html:span class="EnSpace"/>
The progress of the city or county
in adopting or amending its general plan or local open-space element in compliance with its obligations to consult with California Native American tribes, and to identify and protect, preserve, and mitigate impacts to places, features, and objects described in Sections 5097.9 and 5097.993 of the Public Resources Code, pursuant to Chapter 905 of the Statutes of 2004.
</html:p>
<html:p>
(L)
<html:span class="EnSpace"/>
The following information with respect to density bonuses granted in accordance with Section 65915:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The number of density bonus applications received by the city or county.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The number of density bonus applications approved by the city or county.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
Data from all projects approved to receive a density bonus from the city or county, including, but not limited to, the percentage
of density bonus received, the percentage of affordable units in the project, the number of other incentives or concessions granted to the project, and any waiver or reduction of parking standards for the project.
</html:p>
<html:p>
(M)
<html:span class="EnSpace"/>
The following information with respect to each application submitted pursuant to Chapter 4.1 (commencing with Section 65912.100):
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The location of the project.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The status of the project, including whether it has been entitled, whether a building permit has been issued, and whether or not it has been completed.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
The number of units in the project.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
The number of units in the project that are rental housing.
</html:p>
<html:p>
(v)
<html:span class="EnSpace"/>
The number of units in the project that are for-sale housing.
</html:p>
<html:p>
(vi)
<html:span class="EnSpace"/>
The household income category of the units, as determined pursuant to subdivision (f) of Section 65584.
</html:p>
<html:p>
(N)
<html:span class="EnSpace"/>
A list of all historic designations listed on the National Register of Historic Places, the California Register of Historical Resources, or a local register of historic places by the city or county in the past year, and the status of any housing development projects proposed for the new historic designations, including all of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Whether the housing development project has been entitled.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Whether a building permit has been issued for the housing development project.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
The number
of units in the housing development project.
</html:p>
<html:p>
(O)
<html:span class="EnSpace"/>
The following information with respect to housing development projects under Section 65913.16:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The number of applications submitted under Section 65913.16.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The location and number of developments approved under Section 65913.16.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
The total number of building permits issued pursuant to Section 65913.16.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
The total number of units constructed under Section 65913.16 and the income category of those units.
</html:p>
<html:p>
(P)
<html:span class="EnSpace"/>
Beginning with the report due by April 1, 2027, a report on the demolition of housing units for any purpose, which shall include, but not be limited to, all
of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The total number of housing units approved for demolition during the year.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The total number of housing units demolished during the year.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
For each approved or completed demolition, all of the following:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
The location of the approved or completed demolition, using a unique site identifier that shall include the assessor’s parcel number, and may also include the street address or other identifiers.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
The date the demolition was approved.
</html:p>
<html:p>
(III)
<html:span class="EnSpace"/>
The total number of rental and ownership units demolished or approved for demolition.
</html:p>
<html:p>
(IV)
<html:span class="EnSpace"/>
The number, by income level, of protected units, as defined in subdivision (h) of Section 66300.5, demolished or approved for demolition.
</html:p>
<html:p>
(V)
<html:span class="EnSpace"/>
A description of any approved uses on the site.
</html:p>
<html:p>
(VI)
<html:span class="EnSpace"/>
A description of any relocation assistance provided as required pursuant to local, state, or federal law, including, but not limited to, the relocation assistance required to be provided to each displaced occupant of any demolished protected unit pursuant to Section 66300.6.
</html:p>
<html:p>
(Q)
<html:span class="EnSpace"/>
Beginning with the report due by April 1, 2027, a report on replacement housing units required pursuant to local, state, or federal law, including, but not limited to, Section 66300.6, for approved development projects that are not housing development projects, which shall include, for each applicable development project, all of the
following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The approved or proposed location of the replacement units, using a unique site identifier that shall include the assessor’s parcel number, and may also include the street address or other identifiers.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The entity that is developing the replacement units.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
The anticipated completion date of the replacement units.
</html:p>
<html:p>
(R)
<html:span class="EnSpace"/>
The status of a development of land disposed pursuant to Section 54222.3.1, including, but not limited to, all of the following information:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The total square
footage of the residential and nonresidential development.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The total square footage of low barrier navigation centers.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
The number of residential units and beds that have been permitted.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
The percentage of the residential units that have been permitted that are restricted for persons and families of low or moderate income, or lower income households, as defined in Section 50079.5 of the Health and Safety Code.
</html:p>
<html:p>
(S)
<html:span class="EnSpace"/>
The information each county and city is required to include in its central inventory of surplus land and report to the department pursuant to Section 54230.
</html:p>
<html:p>
(T)
<html:span class="EnSpace"/>
Any city or county that identifies sites that contain permanent housing units located on a military base
undergoing closure or conversation as a result of action pursuant to the Defense Authorization Amendments and Base Closure and Realignment Act of 1990 (Public Law 101-510), or any subsequent act requiring the closure or conversion of a military base, as an adequate site pursuant to Section 65583.1 shall address progress in meeting that section.
</html:p>
<html:p>
(U)
<html:span class="EnSpace"/>
Information related to the adequate sites program alternative as required and pursuant to the scheduled specified in paragraph (7) of subdivision (c) of Section 65583.1
</html:p>
<html:p>
(V)
<html:span class="EnSpace"/>
A listing of sites owned by the city or county included in the inventory prepared pursuant to Section 65583.2 that have been sold, leased, or otherwise disposed of in the prior year. The list shall include the entity to whom each site was transferred and the intended use for the site.
</html:p>
<html:p>
(W)
<html:span class="EnSpace"/>
The number of
housing units approved within a zone that comply with the criteria in subdivision (c) of Section 65623 during the previous fiscal year.
</html:p>
<html:p>
(X)
<html:span class="EnSpace"/>
The number of units constructed pursuant to Section 65852.21.
</html:p>
<html:p>
(Y)
<html:span class="EnSpace"/>
The number of sites developed and the number of units constructed pursuant to Section 65852.24.
</html:p>
<html:p>
(Z)
<html:span class="EnSpace"/>
The number of applications for parcel maps for urban lot splits pursuant to Section 66411.7.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
The department may request corrections to the housing element portion of an annual report submitted pursuant to paragraph (2) of subdivision (a) within 90 days of receipt. A planning agency shall make the requested corrections within 30 days after which the department may reject the
report if the report is not in substantial compliance with the requirements of that paragraph.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
If the department rejects the housing element portion of an annual report as authorized by subparagraph (A), the department shall provide the reasons the report is inconsistent with paragraph (2) of subdivision (a) to the planning agency in writing.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
If a court finds, upon a motion to that effect, that a city, county, or city and county failed to submit, within 60 days of the deadline established in this section, the housing element portion of the report required pursuant to subparagraph (B) of paragraph (2) of subdivision (a) that substantially complies with the requirements of this section, the court shall issue an order or judgment compelling compliance with this section within 60 days. If the city, county, or city and county fails to comply with the court’s order within 60
days, the plaintiff or petitioner may move for sanctions, and the court may, upon that motion, grant appropriate sanctions. The court shall retain jurisdiction to ensure that its order or judgment is carried out. If the court determines that its order or judgment is not carried out within 60 days, the court may issue further orders as provided by law to ensure that the purposes and policies of this section are fulfilled. This subdivision applies to proceedings initiated on or after the first day of October following the adoption of forms and definitions by the Department of Housing and Community Development pursuant to paragraph (2) of subdivision (a), but no sooner than six months following that adoption.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The Department of Housing and Community Development shall post a report submitted pursuant to this section on its internet website within a reasonable time of receiving the report.
</html:p>
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<ns0:BillSection id="id_CB6466E8-F6B3-421F-9839-DE495714C6E3">
<ns0:Num>SEC. 4.</ns0:Num>
<ns0:ActionLine action="IS_REPEALED" ns3:href="urn:caml:codes:GOV:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'TITLE'%20and%20caml%3ANum%3D'7.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'1.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'3.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'7.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'65400.1.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 65400.1 of the
<ns0:DocName>Government Code</ns0:DocName>
is repealed.
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<ns0:Num>SEC. 5.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:GOV:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'TITLE'%20and%20caml%3ANum%3D'7.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'1.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'3.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'10.6.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'65583.1.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 65583.1 of the
<ns0:DocName>Government Code</ns0:DocName>
is amended to read:
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<ns0:Num>65583.1.</ns0:Num>
<ns0:LawSectionVersion id="id_120D9522-07CA-4E52-9DC2-CDAC4CA2655C">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
The Department of Housing and Community Development, in evaluating a proposed or adopted housing element for substantial compliance with this article, may allow a city or county to identify adequate sites, as required pursuant to Section 65583, by a variety of methods, including, but not limited to, redesignation of property to a more intense land use category and increasing the density allowed within one or more categories. The department may also allow a city or county to identify sites for accessory dwelling units based on the number of accessory dwelling units developed in the prior housing element planning period whether or not the units are permitted by right, the need for these units in the community, the resources or incentives available for their development, and any other relevant factors, as determined by the
department. Nothing in this section reduces the responsibility of a city or county to identify, by income category, the total number of sites for residential development as required by this article.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Sites that contain permanent housing units located on a military base undergoing closure or conversion as a result of action pursuant to the Defense Authorization Amendments and Base Closure and Realignment Act (Public Law 100-526), the Defense Base Closure and Realignment Act of 1990 (Public Law 101-510), or any subsequent act requiring the closure or conversion of a military base may be identified as an adequate site if the housing element demonstrates that the housing units will be available for occupancy by households within the planning period of the element. No sites containing housing units scheduled or planned for demolition or conversion to nonresidential uses shall qualify as an adequate site.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The Department of Housing and Community Development may allow a city or county to substitute the provision of units for up to 25 percent of the community’s obligation to identify adequate sites for any income category in its housing element pursuant to paragraph (1) of subdivision (c) of Section 65583 where the community includes in its housing element a program committing the local government to provide units in that income category within the city or county that will be made available through the provision of committed assistance during the planning period covered by the element to lower income households at affordable housing costs or affordable rents, as defined in Sections 50052.5 and 50053 of the Health and Safety Code, and which meet the requirements of paragraph (2). Except as otherwise provided in this subdivision, the community may substitute one dwelling unit for one dwelling unit site in the applicable
income category. The program shall do all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Identify the specific, existing sources of committed assistance and dedicate a specific portion of the funds from those sources to the provision of housing pursuant to this subdivision.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Indicate the number of units that will be provided to low-, very low, extremely low, and acutely low income households and demonstrate that the amount of dedicated funds is sufficient to develop the units at affordable housing costs or affordable rents.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Demonstrate that the units meet the requirements of paragraph (2).
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Only units that comply with subparagraph (A), (B), (C), (D), or (E) qualify for inclusion in the housing element program described in paragraph (1), as follows:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Units that are to be substantially rehabilitated with committed assistance from the city or county and constitute a net increase in the community’s stock of housing affordable to lower income households. For purposes of this subparagraph, a unit is not eligible to be “substantially rehabilitated” unless all of the following requirements are met:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
At the time the unit is identified for substantial rehabilitation, (I) the local government has determined that the unit is at imminent risk of loss to the housing stock, (II) the local government has committed to provide relocation assistance pursuant to Chapter 16 (commencing with Section 7260) of Division 7 of Title 1 to any occupants temporarily or permanently displaced by the rehabilitation or code enforcement activity, or the relocation is otherwise provided prior to displacement either as a condition of receivership, or
provided by the property owner or the local government pursuant to Article 2.5 (commencing with Section 17975) of Chapter 5 of Part 1.5 of Division 13 of the Health and Safety Code, or as otherwise provided by local ordinance; provided the assistance includes not less than the equivalent of four months’ rent and moving expenses and comparable replacement housing consistent with the moving expenses and comparable replacement housing required pursuant to Section 7260, (III) the local government requires that any displaced occupants will have the right to reoccupy the rehabilitated units, and (IV) the unit has been found by the local government or a court to be unfit for human habitation due to the existence of at least four violations of the conditions listed in subdivisions (a) to (g), inclusive, of Section 17995.3 of the Health and Safety Code.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The rehabilitated unit will have long-term affordability covenants and restrictions that require
the unit to be available to, and occupied by, persons or families of lower income at affordable housing costs for at least 55 years or the time period required by any applicable federal or state law or regulation.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
Prior to initial occupancy after rehabilitation, the local code enforcement agency shall issue a certificate of occupancy indicating compliance with all applicable state and local building code and health and safety code requirements.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Units that are located either on foreclosed property or in a multifamily rental or ownership housing complex of three or more units, are converted with committed assistance from the city or county from nonaffordable to affordable by acquisition of the unit or the purchase of affordability covenants and restrictions for the unit, are not acquired by eminent domain, and constitute a net increase in the community’s stock of housing
affordable to lower income households. For purposes of this subparagraph, a unit is not converted by acquisition or the purchase of affordability covenants unless all of the following occur:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The unit is made available for rent at a cost affordable to lower income households.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
At the time the unit is identified for acquisition, the unit is not available at an affordable housing cost to either of the following:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
Low-income households, if the unit will be made affordable to low-income households.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
Very low, extremely low, or acutely low income households, if the unit will be made affordable to very low income households.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
At the time the unit is identified for acquisition
the unit is not occupied by lower income households or if the acquired unit is occupied, the local government has committed to provide relocation assistance prior to displacement, if any, pursuant to Chapter 16 (commencing with Section 7260) of Division 7 of Title 1 to any occupants displaced by the conversion, or the relocation is otherwise provided prior to displacement; provided the assistance includes not less than the equivalent of four months’ rent and moving expenses and comparable replacement housing consistent with the moving expenses and comparable replacement housing required pursuant to Section 7260.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
The unit is in decent, safe, and sanitary condition at the time of occupancy.
</html:p>
<html:p>
(v)
<html:span class="EnSpace"/>
The unit has long-term affordability covenants and restrictions that require the unit to be affordable to persons of lower income for not less than 55 years.
</html:p>
<html:p>
(vi)
<html:span class="EnSpace"/>
For units located in multifamily ownership housing complexes with three or more units, or on or after January 1, 2015, on foreclosed properties, at least an equal number of new-construction multifamily rental units affordable to lower income households have been constructed in the city or county within the same planning period as the number of ownership units to be converted.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Units that will be preserved at affordable housing costs to persons or families of lower incomes with committed assistance from the city or county by acquisition of the unit or the purchase of affordability covenants for the unit. For purposes of this subparagraph, a unit shall not be deemed preserved unless all of the following occur:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The unit has long-term affordability covenants and restrictions that require the unit to be
affordable to, and reserved for occupancy by, persons of the same or a lower income group as the current occupants for a period of at least 55 years.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The unit is within an “assisted housing development,” as defined in paragraph (3) of subdivision (a) of Section 65863.10.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
The city or county finds, after a public hearing, that the unit is eligible, and is reasonably expected, to change from housing affordable to lower income households to any other use during the next eight years due to termination of subsidy contracts, mortgage prepayment, or expiration of restrictions on use.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
The unit is in decent, safe, and sanitary condition at the time of occupancy.
</html:p>
<html:p>
(v)
<html:span class="EnSpace"/>
At the time the unit is identified for preservation it is available at affordable
cost to persons or families of low or very low income.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Units in a motel, hotel, or hostel that are converted with committed assistance from the city or county from nonresidential to residential by the acquisition of the unit or the purchase of affordability covenants and restrictions for the unit, are not acquired by eminent domain, and constitute a net increase in the community’s stock of housing affordable to low- and very low income households. For purposes of this subparagraph, a unit is not converted by acquisition or the purchase of affordability covenants unless all of the following occur:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The unit is part of a long-term recovery response to COVID-19.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The unit is made available for people experiencing homelessness as defined in Section 578.3 of Title 24 of the Code of Federal Regulations.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
The unit is made available for rent at a cost affordable to low- or very low income households.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
The unit is in decent, safe, and sanitary condition at the time of occupancy.
</html:p>
<html:p>
(v)
<html:span class="EnSpace"/>
The unit has long-term affordability covenants and restrictions that require the unit to be affordable to persons of low or very low income for not less than 55 years.
</html:p>
<html:p>
(vi)
<html:span class="EnSpace"/>
This subparagraph shall remain in effect only for the sixth revision of the housing element pursuant to Section 65588.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
All spaces in a mobilehome park, as defined in subdivision (a) of Section 18214 of the Health and Safety Code, that is acquired with committed assistance from the city or county where any of the following apply:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The mobilehome park will be acquired with financing that includes a loan from the department pursuant to Section 50783 or 50784.5 of the Health and Safety Code.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
At least 50 percent of the current residents in the mobilehome park to be acquired are lower income households and the entity acquiring the park agrees to enter into a regulatory agreement for a minimum of 55 years that requires both of the following:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
All vacant spaces shall be rented at a space rent that does not exceed 50 percent of maximum rent limits established by the California Tax Credit Allocation Committee at 60 percent of the area median income.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
The space rent for existing residents at the time of the acquisition of the property, both during the 12 months preceding the
acquisition and during the term of the regulatory agreement, shall not increase more than 5 percent in any 12-month period.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
This subdivision does not apply to any city or county that, during the current or immediately prior planning period, as defined by Section 65588, has not met any of its share of the regional need for affordable housing, as defined in Section 65584, for low- and very low income households. A city or county shall document for any housing unit that a building permit has been issued and all development and permit fees have been paid or the unit is eligible to be lawfully occupied.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
For purposes of this subdivision, “committed assistance” means that the city or county enters into a legally enforceable agreement during the period from the beginning of the projection period until the end of the third year of the planning period that obligates sufficient
available funds or other in-kind services to provide the assistance necessary to make the identified units affordable and that requires that the units be made available for occupancy within two years of the execution of the agreement. “Committed assistance” does not include tenant-based rental assistance.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
For purposes of this subdivision, “net increase” includes only housing units provided committed assistance pursuant to subparagraph (A) or (B) of paragraph (2) in the current planning period, as defined in Section 65588, that were not provided committed assistance in the immediately prior planning period.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
For purposes of this subdivision, “the time the unit is identified” means the earliest time when any city or county agent, acting on behalf of a public entity, has proposed in writing or has proposed orally or in writing to the property owner, that the unit be considered
for substantial rehabilitation, acquisition, or preservation.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
In the fourth year of the planning period, as defined by Section 65588, in the report required pursuant to Section 65400, each city or county that has included in its housing element a program to provide units pursuant to subparagraph (A), (B), (C), (D), or (E) of paragraph (2) shall report in writing to the legislative body, and to the department within 30 days of making its report to the legislative body, on its progress in providing units pursuant to this subdivision. The report shall identify the specific units for which committed assistance has been provided or which have been made available to lower income households, and it shall adequately document how each unit complies with this subdivision. If, by the end of the third year of the planning period, the city or county has not entered into an enforceable agreement of committed assistance for all units specified in the
programs adopted pursuant to subparagraph (A), (B), (C), (D), or (E) of paragraph (2), the city or county shall, not later than the end of the fourth year of the planning period, adopt an amended housing element in accordance with Section 65585, identifying additional adequate sites pursuant to paragraph (1) of subdivision (c) of Section 65583 sufficient to accommodate the number of units for which committed assistance was not provided. If a city or county does not amend its housing element to identify adequate sites to address any shortfall, or fails to complete the rehabilitation, acquisition, purchase of affordability covenants, or the preservation of any housing unit within two years after committed assistance was provided to that unit, it shall be prohibited from identifying units pursuant to subparagraph (A), (B), (C), (D), or (E) of paragraph (2) in the housing element that it adopts for the next planning period, as defined in Section 65588, above the number of units actually provided or preserved due
to committed assistance.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
A city or county may reduce its share of the regional housing need by the number of units built between the start of the projection period and the deadline for adoption of the housing element. If the city or county reduces its share pursuant to this subdivision, the city or county shall include in the housing element a description of the methodology for assigning those housing units to an income category based on actual or projected sales price, rent levels, or other mechanisms establishing affordability.
</html:p>
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</ns0:BillSection>
<ns0:BillSection id="id_814A556C-8EB2-4708-96AF-BE8F970B8219">
<ns0:Num>SEC. 6.</ns0:Num>
<ns0:ActionLine action="IS_REPEALED" ns3:href="urn:caml:codes:GOV:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'TITLE'%20and%20caml%3ANum%3D'7.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'1.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'3.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'10.10.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'65625.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 65625 of the
<ns0:DocName>Government Code</ns0:DocName>
is repealed.
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<ns0:Fragment/>
</ns0:BillSection>
<ns0:BillSection id="id_8FE76BD1-DF17-4270-A349-96546BB50247">
<ns0:Num>SEC. 7.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:GOV:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'TITLE'%20and%20caml%3ANum%3D'7.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'1.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'4.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'65852.21.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 65852.21 of the
<ns0:DocName>Government Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_4AC5A22A-BE64-4FAF-AE4F-73EE01ED3C40">
<ns0:Num>65852.21.</ns0:Num>
<ns0:LawSectionVersion id="id_D7E6E653-EFEB-49E3-883D-83D0EA904DDE">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
A proposed housing development containing no more than two residential units within a single-family residential zone shall be considered ministerially, without discretionary review or a hearing, if the proposed housing development meets all of the following requirements:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The parcel subject to the proposed housing development is located within a city, the boundaries of which 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 wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The parcel satisfies the requirements
specified in subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) of Section 65913.4, as that section read on September 16, 2021.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Notwithstanding any provision of this section or any local law, the proposed housing development would not require demolition or alteration of any of the following types of housing:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Housing that has been occupied by a tenant in the last three years.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The parcel subject to the proposed housing development is not a parcel on which an owner of residential real property has exercised the owner’s rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
The development is not located in either the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
A contributing structure within a historic district included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or historic property or district pursuant to a city or county ordinance.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
A parcel individually listed as a historical resource included in the State Historic Resources Inventory, as defined in Section 5020.1 of the
Public Resources Code, or within a property individually designated or listed as a city or county landmark under a city or county ordinance.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Notwithstanding any local law and except as provided in paragraphs (2) and (3), a local agency may impose objective zoning standards, objective subdivision standards, and objective design review standards that do not conflict with this section.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
The local agency shall not impose objective zoning standards, objective subdivision standards, and objective design standards that would have the effect of physically precluding the construction of up to two units or that would physically preclude either of the two units from being at least 800 square feet in floor area.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
Notwithstanding subparagraph
(A), no setback shall be required for an existing structure or a structure constructed in the same location and to the same dimensions as an existing structure.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Notwithstanding subparagraph (A), in all other circumstances not described in clause (i), a local agency may require a setback of up to four feet from the side and rear lot lines.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
A local agency shall not impose objective zoning standards, objective subdivision standards, and objective design standards that do not apply uniformly to development within the underlying zone. This subdivision shall not prevent a local agency from adopting or imposing objective zoning standards, objective subdivision standards, and objective design standards on development authorized by this section if those standards are more permissive than applicable standards within the underlying zone.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
A local agency may adopt objective standards for the purposes of maintaining the historical value of a historic district listed in the California Register of Historical Resources.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
In addition to any conditions established in accordance with subdivision (b), a local agency may require any of the following conditions when considering an application for two residential units as provided for in this section:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Offstreet parking of up to one space per unit, except that a local agency shall not impose parking requirements in either of the following instances:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The parcel is located within one-half mile walking distance of either a high-quality transit corridor, as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major
transit stop, as defined in Section 21064.3 of the Public Resources Code.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
There is a car share vehicle located within one block of the parcel.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
For residential units connected to an onsite wastewater treatment system, a percolation test completed within the last 5 years, or, if the percolation test has been recertified, within the last 10 years.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
Notwithstanding subdivision (a), a local agency may deny a proposed housing development project if the building official makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety for which there is no feasible method to satisfactorily mitigate or avoid the
specific, adverse impact.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
A local agency shall require that a rental of any unit created pursuant to this section be for a term longer than 30 days.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
Notwithstanding Article 2 (commencing with Section 66314) or Article 3 (commencing with Section 66333) of Chapter 13, a local agency shall not be required to permit an accessory dwelling unit or a junior accessory dwelling unit on parcels that use both the authority contained within this section and the authority contained in Section 66411.7.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
Notwithstanding subparagraph (B) of paragraph (2) of subdivision (b), an application shall not be rejected solely because it proposes adjacent or connected structures provided that the structures meet building code safety standards and are sufficient to allow separate conveyance.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
An application for a proposed housing development pursuant to this section shall be considered and approved or denied within 60 days from the date the local agency receives a completed application. If the local agency has not approved or denied the completed application within 60 days, the application shall be deemed approved.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
If a permitting agency denies an application for a proposed housing development pursuant to paragraph (1), the permitting agency shall, within the time period described in paragraph (1), return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
For purposes of this section, all of the following apply:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
A housing development contains two residential units if the development proposes no more than two new units or if it proposes to add one new unit to one existing unit.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The terms “objective zoning standards,” “objective subdivision standards,” and “objective design review standards” mean standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal. These standards may be embodied in alternative objective land use specifications
adopted by a local agency, and may include, but are not limited to, housing overlay zones, specific plans, inclusionary zoning ordinances, and density bonus ordinances.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
“Local agency” means a city, county, or city and county, whether general law or chartered.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
A local agency may adopt an ordinance to implement the provisions of this section. An ordinance adopted to implement this section shall not be considered a project under Division 13 (commencing with Section 21000) of the Public Resources Code.
</html:p>
<html:p>
(k)
<html:span class="EnSpace"/>
Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code), except that the local agency shall not be required to hold public hearings for coastal development permit applications for a housing development pursuant to this section.
</html:p>
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<ns0:BillSection id="id_2BE0378B-43C1-45FB-BD14-4F238FF0CB81">
<ns0:Num>SEC. 8.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:GOV:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'TITLE'%20and%20caml%3ANum%3D'7.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'1.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'4.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'65852.24.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 65852.24 of the
<ns0:DocName>Government Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_66C9CD8A-FC04-41FD-A875-9CE58478D041">
<ns0:Num>65852.24.</ns0:Num>
<ns0:LawSectionVersion id="id_09589702-EA76-4B40-B953-48904C40F594">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
This section shall be known, and may be cited, as the Middle Class Housing Act of 2022.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The Legislature finds and declares all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Creating more affordable housing is critical to the achievement of regional housing needs assessment goals, and that housing units developed at higher densities may generate affordability by design for California residents, without the necessity of public subsidies, income eligibility, occupancy restrictions, lottery procedures, or other legal requirements applicable to deed restricted affordable housing to serve very low and low-income residents and special needs residents.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The state has made historic investments in deed-restricted affordable housing. According to the Legislative Analyst’s Office, the state budget provided nearly five billion dollars ($5,000,000,000) in the 2021–22 budget year for housing-related programs. The 2022–23 budget further built on that sum by allocating nearly one billion two hundred million dollars ($1,200,000,000) to additional affordable housing programs.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
There is continued need for housing development at all income levels, including missing middle housing that will provide a variety of housing options and configurations to allow every Californian to live near where they work.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
The Middle Class Housing Act of 2022 will unlock the development of additional housing units for middle-class Californians near job centers, subject to local inclusionary
requirements that are set based on local conditions.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
A housing development project shall be deemed an allowable use on a parcel that is within a zone where office, retail, or parking are a principally permitted use if it complies with all of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The density for the housing development shall meet or exceed the applicable density deemed appropriate to accommodate housing for lower income households in that jurisdiction as specified in subparagraph (B) of paragraph (3) of subdivision (c) of Section 65583.2.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
The housing development shall be subject to local zoning, parking, design, and other ordinances, local code requirements, and procedures applicable to the processing and permitting of a housing development in a zone that allows for the housing with the density
described in paragraph (1).
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
If more than one zoning designation of the local agency allows for housing with the density described in paragraph (1), the zoning standards applicable to a parcel that allows residential use pursuant to this section shall be the zoning standards that apply to the closest parcel that allows residential use at a density that meets the requirements of paragraph (1).
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
If the existing zoning designation for the parcel, as adopted by the local government, allows residential use at a density greater than that required in paragraph (1), the existing zoning designation shall apply.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The housing development shall comply with any public notice, comment, hearing, or other procedures imposed by the local agency on a housing development in the applicable zoning designation identified in
paragraph (2).
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The project site is 20 acres or less, unless the site is a regional mall, as defined in subdivision (r) of Section 65912.101, in which case the site is not greater than 100 acres.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
The housing development complies with all other objective local requirements for a parcel, other than those that prohibit residential use, or allow residential use at a lower density than provided in paragraph (1), including, but not limited to, impact fee requirements and inclusionary housing requirements.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
The development and the site on which it is located satisfy both of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
It is a legal parcel or parcels that meet either of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
It is within a city
where the city boundaries include some portion of an urban area, as designated by the United States Census Bureau.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
It is in an unincorporated area, and the legal parcel or parcels are wholly within the boundaries of an urban area, as designated by the United States Census Bureau.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
It is not on a site or adjoined to any site where more than one-third of the square footage on the site is dedicated to industrial use.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
For purposes of this subparagraph, parcels only separated by a street or highway shall be considered to be adjoined.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
For purposes of this subparagraph, “dedicated to industrial use” means either of the following:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
The square footage
is currently being used as an industrial use.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
The most recently permitted use of the square footage is an industrial use.
</html:p>
<html:p>
(III)
<html:span class="EnSpace"/>
The site was designated for industrial use in the latest version of a local government’s general plan adopted before January 1, 2022.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
The housing development is consistent with any applicable and approved sustainable community strategy or alternative plan, as described in Section 65080.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
The developer has done both of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Certified to the local agency that either of the following is true:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The entirety of the development is a public work for purposes of Chapter 1
(commencing with Section 1720) of Part 7 of Division 2 of the Labor Code.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The development is not in its entirety a public work for which prevailing wages must be paid under Article 2 (commencing with Section 1720) of Chapter 1 of Part 2 of Division 2 of the Labor Code, but all construction workers employed on construction of the development will 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. If the development is subject to this subparagraph, then for those portions of the development that are not a public work all of the following shall apply:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
The developer shall ensure that the prevailing wage requirement is included in all contracts for the performance of all construction work.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
All contractors and subcontractors shall 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.
</html:p>
<html:p>
(III)
<html:span class="EnSpace"/>
Except as provided in subclause (V), all contractors and subcontractors shall maintain and verify payroll records pursuant to Section 1776 of the Labor Code and make those records available for inspection and copying as provided therein.
</html:p>
<html:p>
(IV)
<html:span class="EnSpace"/>
Except as provided in
subclause (V), the obligation of the contractors and subcontractors to pay prevailing wages may be enforced by 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, or by an underpaid worker through an administrative complaint or civil action, or by a joint labor-management committee though a civil action under Section 1771.2 of the Labor Code. If a civil wage and penalty assessment is issued, 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.
</html:p>
<html:p>
(V)
<html:span class="EnSpace"/>
Subclauses (III) and (IV) shall 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 clause, “project labor agreement” has the same meaning as set forth in paragraph (1) of subdivision (b) of Section 2500 of the Public Contract Code.
</html:p>
<html:p>
(VI)
<html:span class="EnSpace"/>
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 shall not apply if otherwise provided in a bona fide collective bargaining agreement covering the worker. The requirement 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.
</html:p>
<html:p>
(VII)
<html:span class="EnSpace"/>
All contractors and subcontractors shall be registered in accordance with Section 1725.6 of the Labor Code.
</html:p>
<html:p>
(VIII)
<html:span class="EnSpace"/>
The development proponent shall provide notice of all contracts for the performance of the work to the Department of Industrial Relations, in accordance with Section 1773.3 of the Labor Code.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Certified to the local agency that a skilled and trained workforce will be used to perform all construction work on the development.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
For purposes of this section, “skilled and trained workforce” has the same meaning as provided in Chapter 2.9 (commencing with Section 2600) of Part 1 of Division 2 of the Public Contract Code.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
If the developer has certified that a skilled and trained workforce will be used to construct all
work on development and the application is approved, the following shall apply:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
The developer shall require in all contracts for the performance of work that every contractor and subcontractor at every tier will individually use a skilled and trained workforce to construct the development.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
Every contractor and subcontractor shall use a skilled and trained workforce to construct the development.
</html:p>
<html:p>
(III)
<html:span class="EnSpace"/>
Except as provided in subclause (IV), the developer shall provide to the local agency, on a monthly basis while the development or contract is being performed, a report demonstrating compliance with Chapter 2.9 (commencing with Section 2600) of Part 1 of Division 2 of the Public Contract Code. A monthly report provided to the local government pursuant to this subclause shall be a public record under the
California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1) and shall be open to public inspection. A developer that fails to provide a monthly report demonstrating compliance with Chapter 2.9 (commencing with Section 2600) of Part 1 of Division 2 of the Public Contract Code shall be subject to a civil penalty of ten thousand dollars ($10,000) per month for each month for which the report has not been provided. Any contractor or subcontractor that fails to use a skilled and trained workforce shall be subject to a civil penalty of two hundred dollars ($200) per day for each worker employed in contravention of the skilled and trained workforce requirement. Penalties may be assessed by the Labor Commissioner within 18 months of completion of the development using the same procedures for issuance of civil wage and penalty assessments pursuant to Section 1741 of the Labor Code, and may be reviewed pursuant to the same procedures in Section 1742 of the Labor Code. Penalties shall be
paid to the State Public Works Enforcement Fund.
</html:p>
<html:p>
(IV)
<html:span class="EnSpace"/>
Subclause (III) shall not apply if all contractors and subcontractors performing work on the development are subject to a project labor agreement that requires compliance with the skilled and trained workforce requirement and provides for enforcement of that obligation through an arbitration procedure. For purposes of this subparagraph, “project labor agreement” has the same meaning as set forth in paragraph (1) of subdivision (b) of Section 2500 of the Public Contract Code.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
Notwithstanding subclause (II) of clause (ii), a contractor or subcontractor shall not be in violation of the apprenticeship graduation requirements of subdivision (d) of Section 2601 of the Public Contract Code to the extent that all of the following requirements are satisfied:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
All
contractors and subcontractors performing work on the development are subject to a project labor agreement that includes the local building and construction trades council as a party, that requires compliance with the apprenticeship graduation requirements, and that provides for enforcement of that obligation through an arbitration procedure.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
The project labor agreement requires the contractor or subcontractor to request the dispatch of workers for the project through a hiring hall or referral procedure.
</html:p>
<html:p>
(III)
<html:span class="EnSpace"/>
The contractor or subcontractor is unable to obtain sufficient workers to meet the apprenticeship graduation percentage requirement within 48 hours of its request, Saturdays, Sundays, and holidays excepted.
</html:p>
<html:p>
(9)
<html:span class="EnSpace"/>
Notwithstanding subparagraph (B) of paragraph (8), a contract or subcontract may be awarded
without a requirement for the use of a skilled and trained workforce to the extent that all of the following requirements are satisfied:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
At least seven days before issuing any invitation to prequalify or bid solicitation for the project, the developer sends a notice of the invitation or solicitation that describes the project to the following entities within the jurisdiction of the proposed project site:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Any bona fide labor organization representing workers in the building and construction trades who may perform work necessary to complete the project.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Any organization representing contractors that may perform work necessary to complete the project.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The developer seeks bids containing an enforceable commitment that all contractors and
subcontractors at every tier will use a skilled and trained workforce to perform work on the project that falls within an apprenticeable occupation in the building and construction trades.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
For the purpose of establishing a bidder pool of eligible contractors and subcontractors, the developer establishes a process to prequalify prime contractors and subcontractors that agree to meet skilled and trained workforce requirements.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
The bidding process for the project includes, but is not limited to, all of the following requirements:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The prime contractor shall be required to list all subcontractors that will perform work in an amount in excess of one-half of 1 percent of the prime contractor’s total bid.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The developer shall only accept bids
from prime contractors that have been prequalified.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
If the developer receives at least two bids from prequalified prime contractors, a skilled and trained workforce must be used by all contractors and subcontractors, except as provided in clause (vi).
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
If the developer receives fewer than two bids from prequalified prime contractors, the contract may be rebid and awarded without the skilled and trained workforce requirement applying to the prime contractor’s scope of work.
</html:p>
<html:p>
(v)
<html:span class="EnSpace"/>
Prime contractors shall request bids from subcontractors on the prequalified list and shall only accept bids and list subcontractors from the prequalified list. If the prime contractor receives bids from at least two subcontractors in each tier listed on the prequalified list, the prime contractor shall require that the contract for
that tier or scope of work will require a skilled and trained workforce.
</html:p>
<html:p>
(vi)
<html:span class="EnSpace"/>
If the prime contractor fails to receive at least two bids from subcontractors listed on the prequalified list in any tier, the prime contractor may rebid that scope of work. The prime contractor need not require that a skilled and trained workforce be used for that scope of work and may list subcontractors for that scope of work that do not appear on the prequalified list.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
The developer shall establish minimum requirements for prequalification of prime contractors and subcontractors that are, to the maximum extent possible, quantifiable and objective. Only criterion, and minimum thresholds for any criterion, that are reasonably necessary to ensure that any bidder awarded a project can successfully complete the proposed scope shall be used by the developer. The developer shall not impose any
obstacles to prequalification that go beyond what is commercially reasonable and customary.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
The developer shall, within 24 hours of a request by a labor organization that represents workers in the geographic area of the project, provide all of the following information to the labor organization:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The names and Contractors State License Board numbers of the prime contractors and subcontractors that have prequalified.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The names and Contractors State License Board numbers of the prime contractors that have submitted bids and their respective listed subcontractors.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
The names and Contractors State License Board numbers of the prime contractor that was awarded the work and its listed subcontractors.
</html:p>
<html:p>
(G)
<html:span class="EnSpace"/>
An interested party, including a labor organization that represents workers in the geographic area of the project, may bring an action for injunctive relief against a developer or prime contractor that is proceeding with a project in violation of the bidding requirements of this paragraph applicable to developers and prime contractors. The court in such an action may issue injunctive relief to halt work on the project and to require compliance with the requirements of this subdivision. The prevailing plaintiff in such an action shall be entitled to recover its reasonable attorney’s fees and costs.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The development proponent shall provide written notice of the pending application to each commercial tenant on the parcel when the application is submitted.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The development proponent shall
provide relocation assistance to each eligible commercial tenant located on the site as follows:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
For a commercial tenant operating on the site for at least one year but less than five years, the relocation assistance shall be equivalent to six months’ rent.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
For a commercial tenant operating on the site for at least 5 years but less than 10 years, the relocation assistance shall be equivalent to nine months’ rent.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
For a commercial tenant operating on the site for at least 10 years but less than 15 years, the relocation assistance shall be equivalent to 12 months’ rent.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
For a commercial tenant operating on the site for at least 15 years but less than 20 years, the relocation assistance shall be equivalent to 15 months’ rent.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
For a commercial tenant operating on the site for at least 20 years, the relocation assistance shall be equivalent to 18 months’ rent.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The relocation assistance shall be provided to an eligible commercial tenant upon expiration of the lease of that commercial tenant.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
For purposes of this subdivision, a commercial tenant is eligible for relocation assistance if the commercial tenant meets all of the following criteria:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The commercial tenant is an independently owned and operated business with its principal office located in the county in which the property on the site that is leased by the commercial tenant is located.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The commercial tenant’s lease expired and was not
renewed by the property owner.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The commercial tenant’s lease expired within the three years following the development proponent’s submission of the application for a housing development pursuant to this article.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
The commercial tenant employs 20 or fewer employees and has an annual average gross receipts under one million dollars ($1,000,000) for the three taxable year period ending with the taxable year that precedes the expiration of their lease.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
The commercial tenant is still in operation on the site at the time of the expiration of its lease.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Notwithstanding paragraph (4), for purposes of this subdivision, a commercial tenant is ineligible for relocation assistance if the commercial tenant meets both of the following criteria:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The commercial tenant entered into a lease on the site after the development proponent’s submission of the application for a housing development pursuant to this article.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The commercial tenant had not previously entered into a lease on the site.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
The commercial tenant shall utilize the funds provided by the development proponent to relocate the business or for costs of a new business.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Notwithstanding paragraph (2), if the commercial tenant elects not to use the funds provided as required by subparagraph (A), the development proponent shall provide only assistance equal to three months’ rent, regardless of the duration of the commercial tenant’s lease.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
For purposes of this subdivision, monthly rent is equal to one-twelfth of the total amount of rent paid by the commercial tenant in the last 12 months.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
A local agency shall require that a rental of any unit created pursuant to this section be for a term longer than 30 days.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
A local agency may exempt a parcel from this section if the local agency makes written findings supported by substantial evidence of either of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The local agency concurrently reallocated the lost residential density to other lots so that there is no net loss in residential density in the jurisdiction.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The lost residential density from each exempted parcel can be accommodated on a site or sites allowing
residential densities at or above those specified in paragraph (2) of subdivision (b) and in excess of the acreage required to accommodate the local agency’s share of housing for lower income households.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A local agency may reallocate the residential density from an exempt parcel pursuant to this subdivision only if all of the following requirements are met:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The exempt parcel or parcels are subject to an ordinance that allows for residential development by right.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The site or sites chosen by the local agency to which the residential density is reallocated meet both of the following requirements:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The site or sites are suitable for residential development at densities specified in paragraph (1) of subdivision (b) of Section 65852.24. For
purposes of this clause, “site or sites suitable for residential development” shall have the same meaning as “land suitable for residential development,” as defined in Section 65583.2.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The site or sites are subject to an ordinance that allows for development by right.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
This section does not alter or lessen the applicability of any housing, environmental, or labor law applicable to a housing development authorized by this section, including, but not limited to, the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code).
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The Housing Accountability Act (Section 65589.5).
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
The Density Bonus Law (Section 65915).
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
Obligations to affirmatively further fair housing, pursuant to Section 8899.50.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
State or local affordable housing laws.
</html:p>
<html:p>
(G)
<html:span class="EnSpace"/>
State or local tenant protection laws.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
All local demolition ordinances shall apply to a project developed pursuant to this section.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
For purposes of the Housing Accountability Act (Section 65589.5), a proposed housing development project that is consistent with the provisions of subdivision (b) shall be deemed consistent, compliant,
and in conformity with an applicable plan, program, policy, ordinance, standard, requirement, or other similar provision.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Notwithstanding any other provision of this section, for purposes of the Density Bonus Law (Section 65915), an applicant for a housing development under this section may apply for a density bonus pursuant to Section 65915.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
Notwithstanding Section 65913.4, a project subject to this section shall not be eligible for streamlining pursuant to Section 65913.4 if it meets either of the following conditions:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The site has previously been developed pursuant to Section 65913.4 with a project of 10 units or fewer.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The developer of the project or any person acting in concert with the developer has previously proposed a project
pursuant to Section 65913.4 of 10 units or fewer on the same or an adjacent site.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
A local agency may adopt an ordinance to implement the provisions of this article. An ordinance adopted to implement this section shall not be considered a “project” under Division 13 (commencing with Section 21000) of the Public Resources Code.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The department shall undertake at least two studies of the outcomes of this chapter. One study shall be completed on or before January 1, 2027, and one shall be completed on or before January 1, 2031.
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The studies required by this subdivision shall include, but not be limited to, the number of projects built, the number of units built, the jurisdictional and regional location of the housing, the relative wealth and access to resources of the communities in which they are built, the level of affordability, the effect on greenhouse gas emissions, and the creation of construction jobs that pay the prevailing wage.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The department shall publish a report of the findings of a study required by this subdivision,
post the report on its internet website, and submit the report to the Legislature pursuant to Section 9795.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
For purposes of this section:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
“Housing development project” means a project consisting of any of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Residential units only.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Mixed-use developments consisting of residential and nonresidential retail commercial or office uses, and at least 50 percent of the square footage of the new construction associated with the project is designated for
residential use. None of the square footage of any such development shall be designated for hotel, motel, bed and breakfast inn, or other transient lodging use, except for a residential hotel.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
“Local agency” means a city, including a charter city, county, or a city and county.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
“Office or retail commercial zone” means any commercial zone, except for zones where office uses and retail uses are not permitted, or are permitted only as an accessory use.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
“Residential hotel” has the same meaning as defined in Section 50519 of the Health and Safety Code.
</html:p>
<html:p>
(k)
<html:span class="EnSpace"/>
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 term is used in Section 5 of Article XI of the California Constitution. Therefore, this section applies to all cities, including charter cities.
</html:p>
<html:p>
(l)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
This section shall become operative on July 1, 2023.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
This section shall remain in effect only until January 1, 2033, and as of that date is repealed.
</html:p>
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<ns0:Num>SEC. 9.</ns0:Num>
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Section 66411.7 of the
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is amended to read:
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<ns0:LawSection id="id_7855B834-B980-49F3-98B8-7F27A4C9BD06">
<ns0:Num>66411.7.</ns0:Num>
<ns0:LawSectionVersion id="id_C181B42F-2899-4556-9F8F-54F330549D27">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
Notwithstanding any other provision of this division and any local law, a local agency shall ministerially approve, as set forth in this section, a parcel map for an urban lot split only if the local agency determines that the parcel map for the urban lot split meets all the following requirements:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The parcel map subdivides an existing parcel to create no more than two new parcels of approximately equal lot area provided that one parcel shall not be smaller than 40 percent of the lot area of the original parcel proposed for subdivision.
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(2)
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(A)
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Except as provided in subparagraph (B), both newly created parcels are no smaller than 1,200 square feet.
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(B)
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A local agency may by ordinance adopt a smaller minimum lot size subject to ministerial approval under this subdivision.
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(3)
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The parcel being subdivided meets all the following requirements:
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(A)
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The parcel is located within a single-family residential zone.
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(B)
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The parcel subject to the proposed urban lot split is located within a city, the boundaries of which 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 wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau.
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(C)
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The parcel satisfies the requirements specified in
subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) of Section 65913.4, as that section read on September 16, 2021.
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(D)
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The proposed urban lot split would not require demolition or alteration of any of the following types of housing:
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(i)
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Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.
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(ii)
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Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power.
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(iii)
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A parcel or parcels on which an owner of residential real property has exercised the owner’s rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 to withdraw
accommodations from rent or lease within 15 years before the date that the development proponent submits an application.
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(iv)
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Housing that has been occupied by a tenant in the last three years.
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(E)
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The parcel is not located within a historical landmark property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city or county landmark pursuant to a city or county ordinance.
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(F)
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The proposed urban lot split does not require demolition or alteration of either of the following:
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(i)
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A contributing structure located within either a historic district that is included on the California Register of Historical Resources or within a historic district
listed or designated pursuant to a city or county ordinance.
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(ii)
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An existing exterior structural wall of a structure located within either a historic district that is included on the California Register of Historical Resources or within a historic district listed or designated pursuant to a city or county ordinance.
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(G)
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The parcel has not been established through prior exercise of an urban lot split as provided for in this section.
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(H)
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Neither the owner of the parcel being subdivided nor any person acting in concert with the owner has previously subdivided an adjacent parcel using an urban lot split as provided for in this section.
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(b)
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An application for a parcel map for an urban lot split shall be approved in accordance with the following
requirements:
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(1)
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(A)
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A local agency shall approve or deny an application for a parcel map for an urban lot split ministerially without discretionary review.
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(B)
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An application for an urban lot split shall be considered and approved or denied within 60 days from the date the local agency receives a completed application. If the local agency has not approved or denied the completed application within 60 days, the application shall be deemed approved.
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(C)
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If a permitting agency denies an application for an urban lot split pursuant to subparagraph (B), the permitting agency shall, within the time period described in subparagraph (B), return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied
by the applicant.
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(2)
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A local agency shall approve an urban lot split only if it conforms to all applicable objective requirements of the Subdivision Map Act (Division 2 (commencing with Section 66410)), except as otherwise expressly provided in this section.
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(3)
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Notwithstanding Section 66411.1, a local agency shall not impose regulations that require dedications of rights-of-way or the construction of offsite improvements for the parcels being created as a condition of issuing a parcel map for an urban lot split pursuant to this section.
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(c)
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(1)
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Except as provided in paragraph (2), notwithstanding any local law, a local agency may impose objective zoning standards, objective subdivision standards, and objective design review standards that are related to the design or to improvements of a
parcel, consistent with paragraph (3) of subdivision (b) and with subdivision (e), and are applicable to a parcel created by an urban lot split that do not conflict with this section.
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(2)
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A local agency shall not impose objective zoning standards, objective subdivision standards, and objective design review standards that would have the effect of physically precluding the construction of two units on either of the resulting parcels or that would result in a unit size of less than 800 square feet.
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(3)
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(A)
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Notwithstanding paragraph (2), no setback shall be required for an existing structure or a structure constructed in the same location and to the same dimensions as an existing structure.
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(B)
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Notwithstanding paragraph (2), in all other circumstances not described in subparagraph (A), a local
agency may require a setback of up to four feet from the side and rear lot lines.
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(d)
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Notwithstanding subdivision (a), a local agency may deny an urban lot split if the building official makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.
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(e)
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In addition to any conditions established in accordance with this section, a local agency may require any of the following conditions when considering an application for a parcel map for an urban lot split:
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(1)
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Easements required for the provision of public services
and facilities.
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(2)
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A requirement that the parcels have access to, provide access to, or adjoin the public right-of-way.
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(3)
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Offstreet parking of up to one space per unit, except that a local agency shall not impose parking requirements in either of the following instances:
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(A)
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The parcel is located within one-half mile walking distance of either a high-quality transit corridor as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop as defined in Section 21064.3 of the Public Resources Code.
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(B)
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There is a car share vehicle located within one block of the parcel.
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(f)
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A local agency shall require that the uses allowed on a lot created by this
section be limited to residential uses.
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(g)
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(1)
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A local agency shall require an applicant for an urban lot split to sign an affidavit stating that the applicant intends to occupy one of the housing units as their principal residence for a minimum of three years from the date of the approval of the urban lot split.
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(2)
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This subdivision shall not apply to an applicant that is a “community land trust,” as defined in clause (ii) of subparagraph (C) of paragraph (11) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code, or is a “qualified nonprofit corporation” as described in Section 214.15 of the Revenue and Taxation Code.
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(3)
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A local agency shall not impose additional owner occupancy standards, other than provided for in this subdivision, on an urban lot split pursuant to this
section.
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(h)
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A local agency shall require that a rental of any unit created pursuant to this section be for a term longer than 30 days.
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(i)
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A local agency shall not require, as a condition for ministerial approval of a parcel map application for the creation of an urban lot split, the correction of nonconforming zoning conditions.
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(j)
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(1)
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Notwithstanding any provision of Section 65852.21, 65915, Article 2 (commencing with Section 66314) or Article 3 (commencing with Section 66333) of Chapter 13 of Division 1, or this section, a local agency shall not be required to permit more than two units on a parcel created through the exercise of the authority contained within this section.
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(2)
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For the purposes of this section, “unit” means
any dwelling unit, including, but not limited to, a unit or units created pursuant to Section 65852.21, a primary dwelling, an accessory dwelling unit as defined in subdivision (a) of Section 66313, or a junior accessory dwelling unit as defined in subdivision (d) of Section 66313.
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(k)
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Notwithstanding paragraph (3) of subdivision (c), an application shall not be rejected solely because it proposes adjacent or connected structures provided that the structures meet building code safety standards and are sufficient to allow separate conveyance.
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(l)
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For purposes of this section, both of the following shall apply:
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(1)
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“Objective zoning standards,” “objective subdivision standards,” and “objective design review standards” mean standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal. These standards may be embodied in alternative objective land use specifications adopted by a local agency, and may include, but are not limited to, housing overlay zones, specific plans, inclusionary zoning ordinances, and density bonus ordinances.
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(2)
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“Local agency” means a city, county, or city and county, whether general law or chartered.
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(m)
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A local agency may adopt an ordinance to implement the provisions of this section. An ordinance adopted to implement this section shall not be considered a project under Division 13 (commencing with Section 21000) of the Public Resources Code.
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(n)
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Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code), except that the local agency shall not be required to hold public hearings for coastal development permit applications for urban lot splits pursuant to this section.
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<ns0:BillSection id="id_3FDD6CF8-6331-4770-A71C-B3B0592F15BF">
<ns0:Num>SEC. 10.</ns0:Num>
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<html:p>This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:</html:p>
<html:p>In order to ensure that California’s statutes relating to the annual progress report are clear and effectively implemented, it is necessary that this act take effect immediately. </html:p>
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