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<ns0:Description>
<ns0:Id>20250SB__067797AMD</ns0:Id>
<ns0:VersionNum>97</ns0:VersionNum>
<ns0:History>
<ns0:Action>
<ns0:ActionText>INTRODUCED</ns0:ActionText>
<ns0:ActionDate>2025-02-21</ns0:ActionDate>
</ns0:Action>
<ns0:Action>
<ns0:ActionText>AMENDED_SENATE</ns0:ActionText>
<ns0:ActionDate>2025-04-01</ns0:ActionDate>
</ns0:Action>
<ns0:Action>
<ns0:ActionText>AMENDED_SENATE</ns0:ActionText>
<ns0:ActionDate>2025-04-09</ns0:ActionDate>
</ns0:Action>
</ns0:History>
<ns0:LegislativeInfo>
<ns0:SessionYear>2025</ns0:SessionYear>
<ns0:SessionNum>0</ns0:SessionNum>
<ns0:MeasureType>SB</ns0:MeasureType>
<ns0:MeasureNum>677</ns0:MeasureNum>
<ns0:MeasureState>AMD</ns0:MeasureState>
</ns0:LegislativeInfo>
<ns0:AuthorText authorType="LEAD_AUTHOR">Introduced by Senator Wiener</ns0:AuthorText>
<ns0:AuthorText authorType="COAUTHOR_OPPOSITE">(Coauthor: Assembly Member Wicks)</ns0:AuthorText>
<ns0:Authors>
<ns0:Legislator>
<ns0:Contribution>LEAD_AUTHOR</ns0:Contribution>
<ns0:House>SENATE</ns0:House>
<ns0:Name>Wiener</ns0:Name>
</ns0:Legislator>
<ns0:Legislator>
<ns0:Contribution>COAUTHOR</ns0:Contribution>
<ns0:House>ASSEMBLY</ns0:House>
<ns0:Name>Wicks</ns0:Name>
</ns0:Legislator>
</ns0:Authors>
<ns0:Title> An act to amend Section 4751 of the Civil Code, and to amend Sections 65852.21, 65913.4, and 66411.7 of the Government Code, relating to land use. </ns0:Title>
<ns0:RelatingClause>land use</ns0:RelatingClause>
<ns0:GeneralSubject>
<ns0:Subject>Housing development: streamlined approvals.</ns0:Subject>
</ns0:GeneralSubject>
<ns0:DigestText>
<html:p>
(1)
<html:span class="EnSpace"/>
Existing law, the Planning and Zoning Law, requires a proposed housing development containing no more than 2 residential units within a single-family residential zone to be considered ministerially, without discretionary review or hearing, if the proposed housing development meets certain requirements.
</html:p>
<html:p>This bill would require ministerial approval for proposed housing developments containing no more than 2 residential units on any lot hosting a single-family home or zoned for 4 or fewer residential units, notwithstanding any covenant, condition, or restriction imposed by a common interest development association.</html:p>
<html:p>Existing law prohibits ministerial approval for proposed housing developments that would require the demolition or alteration of housing that, among other things, has
been occupied by a tenant in the last three years.</html:p>
<html:p>This bill would provide an exception to that prohibition for housing located in a county subject to a state of emergency declaration, as specified. The bill would also provide an exemption to the prohibition if a structure on the development site that includes at least one housing unit was involuntarily damaged or destroyed by an earthquake, other catastrophic event, or the public enemy.</html:p>
<html:p>Existing law authorizes a local agency to impose objective zoning standards, objective subdivision standards, and objective design review standards on the proposed housing development, except as specified, including that (1) the imposed standards may not have the effect of physically precluding a unit from being at least 800 square feet in floor area, (2) a local agency’s authority to impose, among other things, setbacks, is restricted, and (3) the local agency is prohibited from imposing
standards that do not apply uniformly to development within the underlying zone.</html:p>
<html:p>This bill would revise and recast those provisions to, among other things, as to the exceptions specified above, raise the minimum size of a unit to 1,750 net habitable square feet, revise a local agency’s authority to impose setbacks, and, in addition to objective standards, prohibit a local agency from imposing permitting requirements that do not apply uniformly to development within the underlying zone, except as specified. The bill would prohibit a local agency from imposing a low-income deed restriction or covenant that restricts rents, as specified. The bill would prohibit local agencies from using or imposing any standards other than those provided by its provisions.</html:p>
<html:p>Existing law authorizes a local agency to adopt an ordinance to implement these provisions.</html:p>
<html:p>This bill would require a local agency
that has adopted an ordinance to submit a copy of that ordinance to the Department of Housing and Community Development within 60 days after adoption, as specified. The bill would authorize the department to review the ordinance and submit written findings to the local agency as to whether the ordinance is in compliance with these provisions. Should the department conclude an ordinance is not in compliance, the bill would establish a process for the department to notify the local agency and the local agency to amend the ordinance or adopt the ordinance without changes, as provided. The bill would require the local agency to include the ordinance with the annual housing element report.</html:p>
<html:p>The bill would prohibit a local agency from denying a proposed housing development due to the presence of preexisting issues under specified conditions, including that the issues do not present a threat to public health and safety.</html:p>
<html:p>The bill
would also require a local agency to provide applicants with a single application for a housing development that falls under these provisions and also involves an urban lot split to review both applications concurrently.</html:p>
<html:p>This bill would prohibit the imposition of an impact fee, as defined, upon a proposed housing development that is less than 1,750 square feet and require any impact fees imposed on proposed developments of 1,750 square feet or greater to be charged proportionately.</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The Planning and Zoning Law authorizes a development proponent to submit an application for a multifamily housing development that is subject to a streamlined, ministerial approval process, as provided, and not subject to a conditional use permit, if the development satisfies specified objective planning standards. These standards include that, among other things, the development is subject to a requirement mandating a
minimum percentage of below market rate housing because the locality’s latest production report reflects there were fewer units of affordable housing issued building permits than required for the regional housing needs assessment cycle for that period and the project seeking approval dedicates 50 percent of the units to affordable housing, as specified. The standards include that the development is not located on a site that meets specified environmental criteria. The standards also include that the development is not located on a site that would require the demolition of specified types housing, including, among others, a historic structure that was placed on a national, state, or local historic register.
</html:p>
<html:p>The bill would revise the first planning standard so that it would be met if a development meets the above-described criteria and dedicates 20 percent of the units to affordable housing, as specified. The bill would revise the second planning standard so that it
would be met if a development is not located within a site that meets specified criteria. The bill would revise the third planning standard to instead include a development is not located on a site that would require the demolition of a property individually listed on the National Register of Historic Places or the California Register of Historical Resources historic or of a contributing structure located within a historic district included on the National Register of Historic Places or the California Register of Historical Resources. The bill would also exempt a proposed housing development from restrictions on demolition if a structure on the development site that includes at least one housing unit was involuntarily damaged or destroyed by an earthquake, other catastrophic event, or the public enemy.</html:p>
<html:p>Existing law provides that a development is consistent with the objective planning standards in these provisions if there is substantial evidence that would allow a
reasonable person to conclude that the development is consistent and prohibits a local government from determining a development is in conflict on a specified basis, as provided.</html:p>
<html:p>This bill would require the local government to bear the burden of proof in any evaluation of a development related to compliance with objective planning standards related to specified environmental criteria, as provided. The bill would require a local government to demonstrate, with a preponderance of the evidence, that the development does not comply with the applicable environmental criteria established under state or federal law, as provided.</html:p>
<html:p>Existing law defines a “reporting period” as either the first or last half of the regional housing needs assessment cycle.</html:p>
<html:p>This bill would require the reporting period to instead include each quarter of the regional housing needs assessment cycle.</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The Subdivision Map Act vests the authority to regulate and control the design and improvement of subdivisions in the legislative body of a local agency and sets forth procedures governing the local agency’s processing, approval, conditional approval or disapproval, and filing of tentative, final, and parcel maps, and the modification of those maps. Existing law requires a local agency to ministerially approve a parcel map for an urban lot split that meets certain requirements, including that one parcel is not smaller than 40% of the lot area of the original parcel and the owner of the parcel being subdivided has not previously subdivided an adjacent parcel using an urban lot split, as provided.
</html:p>
<html:p>This bill would remove the requirement that one parcel of a split lot be no smaller than 40% of the lot area of the original parcel and would exempt both newly created lots from following certain additional
requirements, as specified. The bill would also remove the prohibition against owners who have previously subdivided an adjacent parcel using an urban lot split.</html:p>
<html:p>Existing law prohibits ministerial approval for a proposed urban lot split that would require the demolition or alteration of housing that, among other things, has been occupied by a tenant in the last three years.</html:p>
<html:p>The bill would exempt a lot split from restrictions on demolition if a structure on the development site that includes at least one housing unit was involuntarily damaged or destroyed by an earthquake, other catastrophic event, or the public enemy.</html:p>
<html:p>Existing law authorizes a local agency, except as provided, to impose objective zoning standards, objective subdivision standards, and objective design review standards related to the design or improvements of a parcel subject to an urban lot split, including that the
imposed standards may not have the effect of physically precluding a unit being constructed on either of the resulting parcels from being at least 800 square feet. Existing law allows a local agency to require specified conditions when considering an application for a parcel map for an urban lot split, including access requirements.</html:p>
<html:p>This bill would revise and recast those provisions to, among other things, prohibit a local agency from imposing standards that would have the effect of physically precluding an urban lot split from occurring or a unit being constructed on either of the resulting parcels from being at least 1,750 net habitable square feet. The bill would also revise and recast the restrictions on a local agency’s authority to impose a setback, as provided. The bill would prohibit a local agency from imposing a driveway requirement width requirement, as provided.</html:p>
<html:p>This bill would specify that a local agency’s
access requirement may not physically preclude the lot split from occurring if another access method would facilitate the lot split.</html:p>
<html:p>The bill would require a local agency to provide applicants with a single application for an urban lot split that falls under these provisions and also includes a proposed housing development that falls under the provisions discussed above to review both applications concurrently.</html:p>
<html:p>Under existing law, a local agency must require an applicant for an urban lot split to sign an affidavit stating that the applicant intends to occupy one of the housing units as their principal residence, as specified.</html:p>
<html:p>This bill would remove the requirement that an applicant sign an affidavit stating that the applicant intends to occupy one of the housing units as their principal residence and prohibit a local agency from using or imposing any additional standards, except as
specified.</html:p>
<html:p>Existing law authorizes a local agency to adopt an ordinance to implement these provisions.</html:p>
<html:p>This bill would require a local agency that has adopted an ordinance to submit a copy of that ordinance to the Department of Housing and Community Development within 60 days after adoption, as specified. The bill would authorize the department to review the ordinance and submit written findings to the local agency as to whether the ordinance is in compliance with these provisions. Should the department conclude an ordinance is not in compliance, the bill would establish a process for the department to notify the local agency and the local agency to amend the ordinance or adopt the ordinance without changes, as provided.</html:p>
<html:p>The bill would require a local agency to ministerially review a condominium map that would subdivide a specified housing development, as provided. The bill would
prohibit the imposition of an impact fee upon an urban lot split, as specified.</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Existing law authorizes a local agency, by ordinance, to provide for the creation of accessory dwelling units (ADUs) in areas zoned for residential use and requires ministerial approval of ADUs, as specified.
</html:p>
<html:p>Existing law, the Davis-Stirling Common Interest Development Act, governs the management and operation of common interest developments. Existing law makes void and unenforceable any covenant, restriction, or condition contained in any deed, contract, security instrument, or other instrument affecting the transfer or sale of any interest in a planned development, and any provision of a governing document, that effectively prohibits or unreasonably restricts the construction or use of an accessory dwelling unit or junior accessory dwelling unit on a lot zoned for single-family residential use that meets the
above-described requirements established for those units, except as provided.</html:p>
<html:p>This bill would, additionally, apply the above-described provisions to housing developments and urban lot splits receiving ministerial approval, as specified.</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Existing law, the California Coastal Act of 1976, establishes the California Coastal Commission and prescribes the powers and responsibilities of the commission with regard to the regulation of development along the California coast.
</html:p>
<html:p> Existing law specifies that proposed housing developments and urban lot splits considered ministerially under the above-described provisions may be required to obtain a coastal development permit, but a local agency is not required to hold public hearings for coastal development permit applications, as provided.</html:p>
<html:p>This bill would express the intent of the Legislature to achieve the goal of increasing the supply of housing in the coastal zone while also protecting coastal resources and public coastal access, as provided.</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
The bill would define key terms and make nonsubstantive and conforming changes.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
By increasing the duties of local agencies with respect to land use regulations, the bill would impose a state-mandated local program.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
The bill would include findings that changes proposed by this
bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.
</html:p>
<html:p>
(9)
<html:span class="EnSpace"/>
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
</html:p>
<html:p>This bill would provide that no reimbursement is required by this act for a specified reason.</html:p>
</ns0:DigestText>
<ns0:DigestKey>
<ns0:VoteRequired>MAJORITY</ns0:VoteRequired>
<ns0:Appropriation>NO</ns0:Appropriation>
<ns0:FiscalCommittee>YES</ns0:FiscalCommittee>
<ns0:LocalProgram>YES</ns0:LocalProgram>
</ns0:DigestKey>
<ns0:MeasureIndicators>
<ns0:ImmediateEffect>NO</ns0:ImmediateEffect>
<ns0:ImmediateEffectFlags>
<ns0:Urgency>NO</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>
</ns0:ImmediateEffectFlags>
</ns0:MeasureIndicators>
</ns0:Description>
<ns0:Bill id="bill">
<ns0:Preamble>The people of the State of California do enact as follows:</ns0:Preamble>
<ns0:BillSection id="id_064D13DC-9C64-4D28-9EEB-708E0B8E982B">
<ns0:Num>SECTION 1.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:CIV:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'4.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'PART'%20and%20caml%3ANum%3D'5.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'5.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'1.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'4751.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 4751 of the
<ns0:DocName>Civil Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_504CA625-0954-4F9F-AC92-8726FDEFAE7A">
<ns0:Num>4751.</ns0:Num>
<ns0:LawSectionVersion id="id_FA3444C9-C727-450A-8275-EB0450F05B64">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
Any covenant, restriction, or condition contained in any deed, contract, security instrument, or other instrument affecting the transfer or sale of any interest in a planned development, and any provision of a governing document, that either effectively prohibits or unreasonably restricts the construction or use of an accessory dwelling unit or junior accessory dwelling unit on a lot zoned for single-family residential use that meets the requirements of Article 2 (commencing with Section 66314) or Article 3 (commencing with Section 66333) of Chapter 13 of Division 1 of Title 7, or of a housing development pursuant to Section 65852.21 of the Government Code, or an urban lot split pursuant to Section 66411.7 of the Government Code, is void
and unenforceable.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
This section does not apply to provisions that impose reasonable restrictions on accessory dwelling units or junior accessory dwelling units or a housing development pursuant to Section 65852.21 of the Government Code or an urban lot split pursuant to 66411.7 of the Government Code. For purposes of this subdivision, “reasonable restrictions” means restrictions that do not unreasonably increase the cost to construct, effectively prohibit the construction of, or extinguish the ability to otherwise construct, an accessory dwelling unit or junior accessory dwelling unit consistent with the provisions of Article 2 (commencing with Section 66314) or Article 3 (commencing with Section 66333) of Chapter 13 of Division 1 of Title 7, or a housing development pursuant to Section 65852.21 of the Government Code, or an urban lot
split pursuant to Section 66411.7 of the Government Code.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_80B97F04-F786-434E-BAAB-8C3DA138A1CB">
<ns0:Num>SEC. 2.</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_DFD8F2A1-8C79-4C24-8F79-137114DD0F7D">
<ns0:Num>65852.21.</ns0:Num>
<ns0:LawSectionVersion id="id_BC63C68A-6BB1-4DAA-9632-650175D40E7D">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
Notwithstanding any covenant, condition, or restriction set by an association, a proposed housing development containing no more than two residential units on any lot hosting a single-family home or zoned for four or fewer residential units 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.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
(A)
<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>
(i)
<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 income, as defined in subdivision (m) of Section 65582, or lower income, as defined in subdivision (l) of Section
65582.
</html:p>
<html:p>
(ii)
<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>
(iii)
<html:span class="EnSpace"/>
Housing that has been occupied by a tenant in the last three years, except for housing in any county subject to a state of emergency declaration by the Governor, pursuant to Section 8625, provided the declaration was made prior to the date of tenancy, and the housing is occupied by a tenant for no more than 24 months from the date of the declaration.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
This paragraph shall not apply if a structure on the development site that includes at least one housing unit was involuntarily damaged or destroyed by an earthquake, other catastrophic event, or the public enemy.
</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 within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
(A)
<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>
(B)
<html:span class="EnSpace"/>
Notwithstanding subparagraph (A), a local agency may only impose a front setback with respect to the original lot line.
</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 1,750 net habitable square feet in floor area.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
Notwithstanding subparagraph (A), no setback, height limitation, lot coverage limitation, floor area ratio, or other standard that would limit residential development capacity shall be required for an existing structure or a structure constructed in the same location and within 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 from the original lot line of up to four feet from the side and rear lot lines.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
A local agency shall not require a setback between the units, except as required in the California Building Standards Code (Title 24 of the California Code of
Regulations).
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
A local agency shall not impose objective zoning standards, objective subdivision standards, objective design standards, or permitting requirements 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, objective design standards, or permitting requirements 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 shall not require a deed restriction or covenant that restricts rents to the levels affordable to persons and families of moderate income, as defined in subdivision (m) of Section 65582, or lower income, as
defined in subdivision (l) of Section 65582.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
This section establishes the maximum standards that a local agency shall use to evaluate a housing development proposed pursuant to this section. No additional standards, other than those provided in this section, shall be used or imposed, including an owner occupancy requirement.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
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 any 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 may permit an accessory dwelling unit or a junior accessory dwelling unit on a parcel that uses the authority contained within this section and that was created pursuant to 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"/>
Local agencies shall include units constructed and any ordinance adopted pursuant to this section in the annual housing element report as required by subparagraph (I) of paragraph (2) of subdivision (a) of Section 65400.
</html:p>
<html:p>
(j)
<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>
(4)
<html:span class="EnSpace"/>
“Association” has the same meaning as defined in Section 4080 of the Civil Code.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
“Urbanized area” means an urbanized area designated by the United States Census Bureau, as published in the Federal Register, Volume 77, Number 59, on March 27, 2012.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
“Urban cluster” means an urbanized area designated by the United States Census Bureau, as published in the Federal Register, Volume 77, Number 59, on March 27, 2012.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
“Net habitable square feet” means the finished and heated floor area fully enclosed by the inside surface of walls, windows, doors, and partitions, and having a headroom of at least six and one-half feet, including working, living, eating,
cooking, sleeping, stair, hall, service, and storage areas, but excluding garages, carports, parking spaces, cellars, half-stories, and unfinished attics and basements.
</html:p>
<html:p>
(k)
<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>
(1)
<html:span class="EnSpace"/>
A local agency shall submit a copy of the ordinance adopted pursuant to this section to the department within 60 days after adoption. After adoption of an ordinance, the department may submit written findings to the local agency as to whether the ordinance complies with this section. The local agency shall submit a copy of any existing ordinance adopted pursuant to
this section to the department within 60 days of the date this act becomes effective.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
The department may review the ordinance and if the department finds that the local agency’s ordinance does not comply with this section, the department shall notify the local agency and shall provide the local agency with a reasonable time, not to exceed 30 days, to respond to the findings before taking any other action authorized by this section.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The local agency shall consider any findings made by the department pursuant to paragraph (1) and shall do one of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Amend the ordinance to comply with this section.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Adopt the ordinance without changes. The local agency shall include findings in its resolution adopting the ordinance that explain the reasons the local agency believes that the ordinance complies with this section despite the findings of the department.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
If the local agency does not amend its ordinance in response to the department’s findings or does not adopt a resolution with findings explaining the reason the ordinance complies with this section and addressing the department’s findings, the department shall notify the local agency and may notify the Attorney General that the local agency is in violation of state law.
</html:p>
<html:p>
(l)
<html:span class="EnSpace"/>
A local agency shall provide applicants with a single application for a housing development pursuant to this section and any urban lot split
pursuant to Section 66411.7. Both applications shall be reviewed concurrently.
</html:p>
<html:p>
(m)
<html:span class="EnSpace"/>
(1)
<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>
<html:p>
(2)
<html:span class="EnSpace"/>
It is the intent of the Legislature that housing developments proposed pursuant to this section on any lot that satisfies the requirements specified in clauses (i) to (iii), inclusive, and clause (v) of subparagraph (A) of paragraph (6) of subdivision (a) of Section 65913.4 enjoy streamlined permitting consistent with Section 65913.4 of the Government Code so as to achieve the goal of increasing the supply of housing in the coastal zone while also protecting
coastal resources and public coastal access.
</html:p>
<html:p>
(n)
<html:span class="EnSpace"/>
The local agency shall not deny an application for a permit due to the presence of preexisting nonconforming zoning conditions, building code violations, or unpermitted structures that
do not present a threat to public health and safety and are not affected by the construction of the unit or units.
</html:p>
<html:p>
(o)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
A local agency, special district, or water corporation shall not impose any impact fee upon a housing development proposed pursuant to this section of less than 1,750 square feet. Any impact fees charged for a housing development proposed pursuant to this section of 1,750 square feet or greater shall be charged proportionately.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
For purposes of this subdivision, “impact fee” has the same meaning as the term “fee” as defined in subdivision (b) of Section 66000, except that it also includes fees specified in Section 66477. “Impact fee” does not include any connection fee or capacity charge charged by a local agency, special
district, or water corporation.
</html:p>
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<ns0:BillSection id="id_39EE0B94-2C0D-41C1-9292-91C91AD51A22">
<ns0:Num>SEC. 3.</ns0:Num>
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Section 65913.4 of the
<ns0:DocName>Government Code</ns0:DocName>
is amended to read:
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<ns0:LawSection id="id_9037ECFC-C507-4DB2-A845-D4861AFBB61C">
<ns0:Num>65913.4.</ns0:Num>
<ns0:LawSectionVersion id="id_DFD1AE84-3762-4DF8-BF33-8725F1D37EA3">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
Except as provided in subdivision (r), a development proponent may submit an application for a development that is subject to the streamlined, ministerial approval process provided by subdivision (c) and is not subject to a conditional use permit or any other nonlegislative discretionary approval if the development complies with subdivision (b) and satisfies all of the following objective planning standards:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
The development is a multifamily housing development that contains two or more residential units.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The development and the site on which it is located satisfy all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
It is a legal parcel or parcels located in a city if, and only if, the city boundaries include some portion of either an urbanized area or urban cluster, as designated by the United States Census Bureau, or, for unincorporated areas, a legal parcel or parcels wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
At least 75 percent of the perimeter of the site adjoins parcels that are developed with urban uses. For the purposes of this section, parcels that are only separated by a street or highway shall be considered to be adjoined.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
A site that meets the requirements of clause (ii) and satisfies any of the following:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
The site is zoned for residential use or residential mixed-use development.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
The site has a general plan designation that allows residential use or a mix of residential and nonresidential uses.
</html:p>
<html:p>
(III)
<html:span class="EnSpace"/>
The site meets the requirements of Section 65852.24.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
At least two-thirds of the square footage of the development is designated for residential use. Additional density, floor area, and units, and any other concession, incentive, or waiver of development standards granted pursuant to the Density Bonus Law in Section 65915 shall be included in the square footage calculation. The square footage of the development shall not include underground space, such
as basements or underground parking garages.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
The development proponent has committed to record, prior to the issuance of the first building permit, a land use restriction or covenant providing that any lower or moderate-income housing units required pursuant to subparagraph (B) of paragraph (4) shall remain available at affordable housing costs or rent to persons and families of lower or moderate income for no less than the following periods of time:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Fifty-five years for units that are rented.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Forty-five years for units that are owned.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The city or county shall require the recording of covenants or restrictions
implementing this paragraph for each parcel or unit of real property included in the development.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The development satisfies clause (i) or (ii) of subparagraph (A) and satisfies subparagraph (B) below:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
For a development located in a locality that is in its sixth or earlier housing element cycle, the development is located in either of the following:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
In a locality that the department has determined is subject to this clause on the basis that the number of units that have been issued building permits, as shown on the most recent production report received by the department, is less than the locality’s share of the regional housing needs, by income category, for that reporting period. A
locality shall remain eligible under this subclause until the department’s determination for the next reporting period.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
In a locality that the department has determined is subject to this clause on the basis that the locality did not adopt a housing element that has been found in substantial compliance with housing element law (Article 10.6 (commencing with Section 65580) of Chapter 3) by the department. A locality shall remain eligible under this subclause until such time as the locality adopts a housing element that has been found in substantial compliance with housing element law (Article 10.6 (commencing with Section 65580) of Chapter 3) by the department.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
For a development located in a locality that is in its seventh or later housing element cycle, is located in a
locality that the department has determined is subject to this clause on the basis that the locality did not adopt a housing element that has been found in substantial compliance with housing element law (Article 10.6 (commencing with Section 65580) of Chapter 3) by the department by the statutory deadline, or that the number of units that have been issued building permits, as shown on the most recent production report received by the department, is less than the locality’s share of the regional housing needs, by income category, for that reporting period. A locality shall remain eligible under this subparagraph until the department’s determination for the next reporting period.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The development is subject to a requirement mandating a minimum percentage of below market rate housing based on one of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The locality did not adopt a housing element pursuant to Section 65588 that has been found in substantial compliance with the housing element law (Article 10.6 (commencing with Section 65580) of Chapter 3) by the department, did not submit its latest production report to the department by the time period required by Section 65400, or that production report submitted to the department reflects that there were fewer units of above moderate-income housing issued building permits than were required for the regional housing needs assessment cycle for that reporting period. In addition, if the project contains more than 10 units of housing, the project does one of the following:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
For for-rent projects, the project dedicates a minimum of 10 percent of the total number of units,
before calculating any density bonus, to housing affordable to households making at or below 50 percent of the area median income. However, if the locality has adopted a local ordinance that requires that greater than 10 percent of the units be dedicated to housing affordable to households making below 50 percent of the area median income, that local ordinance applies.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
For for-sale projects, the project dedicates a minimum of 10 percent of the total number of units, before calculating any density bonus, to housing affordable to households making at or below 80 percent of the area median income. However, if the locality has adopted a local ordinance that requires that greater than 10 percent of the units be dedicated to housing affordable to
households making below 80 percent of the area median income, that local ordinance applies.
</html:p>
<html:p>
(III)
<html:span class="EnSpace"/>
(ia)
<html:span class="EnSpace"/>
If the project is located within the San Francisco Bay area, the project, in lieu of complying with subclause (I) or (II), may opt to abide by this subclause. Projects utilizing this subclause shall dedicate 20 percent of the total number of units, before calculating any density bonus, to housing affordable to households making below 100 percent of the area median income with the average income of the units at or below 80 percent of the area median income. However, a local ordinance adopted by the locality applies if it requires greater than 20 percent of the units be dedicated to housing affordable to households making at or below 100 percent of the area median income, or requires that any of the units
be dedicated at a level deeper than 100 percent. In order to comply with this subclause, the rent or sale price charged for units that are dedicated to housing affordable to households between 80 percent and 100 percent of the area median income shall not exceed 30 percent of the gross income of the household.
</html:p>
<html:p>
(ib)
<html:span class="EnSpace"/>
For purposes of this subclause, “San Francisco Bay area” means the entire area within the territorial boundaries of the Counties of Alameda, Contra Costa, Marin, Napa, San Mateo, Santa Clara, Solano, and Sonoma, and the City and County of San Francisco.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
(I)
<html:span class="EnSpace"/>
The locality’s latest production report reflects that there were fewer units of housing issued building permits affordable to either very low income or low-income households by income category
than were required for the regional housing needs assessment cycle for that reporting period, and one of the following conditions exist:
</html:p>
<html:p>
(ia)
<html:span class="EnSpace"/>
The project seeking approval dedicates 20 percent of the total number of units, before calculating any density bonus, to housing affordable to households making at or below 80 percent of the area median income.
</html:p>
<html:p>
(ib)
<html:span class="EnSpace"/>
The project application was submitted prior to January 1, 2019, and the project includes at least 500 units of housing, the project seeking approval or seeking a modification to a prior approval dedicates 20 percent of the total number of units, before calculating any density bonus, as affordable units, with at least 9 percent affordable to households making at or below 50 percent of the area median income and the remainder
affordable to households making at or below 80 percent of the area median income.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
Notwithstanding the conditions described in sub-subclauses (ia) and (ib) of subclause (I), if the locality has adopted a local ordinance that requires that greater than 20 percent of the units be dedicated to housing affordable to households making at or below 80 percent of the area median income, that local ordinance applies.
</html:p>
<html:p>
(III)
<html:span class="EnSpace"/>
For purposes of this clause, the reference to units affordable to very low income households includes units affordable to acutely low income households, as defined in Section 50063.5 of the Health and Safety Code, and to extremely low income households, as defined in Section 50106 of the Health and Safety Code.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
The locality did not submit its latest production report to the department by the time period required by Section 65400, or if the production report reflects that there were fewer units of housing affordable to both income levels described in clauses (i) and (ii) that were issued building permits than were required for the regional housing needs assessment cycle for that reporting period, the project seeking approval may choose between utilizing clause (i) or (ii).
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
A development proponent that uses a unit of affordable housing to satisfy the requirements of subparagraph (B) may also satisfy any other local or state requirement for affordable housing, including local ordinances or the Density Bonus Law in Section 65915, provided that the development proponent complies with the applicable
requirements in the state or local law. If a local requirement for affordable housing requires units that are restricted to households with incomes higher than the applicable income limits required in subparagraph (B), then units that meet the applicable income limits required in subparagraph (B) shall be deemed to satisfy those local requirements for higher income units.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
A development proponent that uses a unit of affordable housing to satisfy any other state or local affordability requirement may also satisfy the requirements of subparagraph (B), provided that the development proponent complies with applicable requirements of subparagraph (B).
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
A development proponent may satisfy the affordability requirements of subparagraph (B) with a unit that is restricted to households
with incomes lower than the applicable income limits required in subparagraph (B).
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
The amendments to this subdivision made by the act adding this subparagraph do not constitute a change in, but are declaratory of, existing law.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
The development, excluding any additional density or any other concessions, incentives, or waivers of development standards for which the development is eligible pursuant to the Density Bonus Law in Section 65915, is consistent with objective zoning standards, objective subdivision standards, and objective design review standards in effect at the time that the development is submitted to the local government pursuant to this section, or at the time a notice of intent is submitted pursuant to subdivision (b), whichever occurs earlier. For purposes
of this paragraph, “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 before submittal. These standards may be embodied in alternative objective land use specifications adopted by a city or county, and may include, but are not limited to, housing overlay zones, specific plans, inclusionary zoning ordinances, and density bonus ordinances, subject to the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
A development shall be deemed consistent with the objective zoning standards related to housing density, as applicable, if the density proposed is
compliant with the maximum density allowed within that land use designation, notwithstanding any specified maximum unit allocation that may result in fewer units of housing being permitted.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
In the event that objective zoning, general plan, subdivision, or design review standards are mutually inconsistent, a development shall be deemed consistent with the objective zoning and subdivision standards pursuant to this subdivision if the development is consistent with the standards set forth in the general plan.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
It is the intent of the Legislature that the objective zoning standards, objective subdivision standards, and objective design review standards described in this paragraph be adopted or amended in compliance with the requirements of Chapter 905 of the Statutes of
2004.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
The amendments to this subdivision made by the act adding this subparagraph do not constitute a change in, but are declaratory of, existing law.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
A project that satisfies the requirements of Section 65852.24 shall be deemed consistent with objective zoning standards, objective design standards, and objective subdivision standards if the project is consistent with the provisions of subdivision (b) of Section 65852.24 and if none of the square footage in the project is designated for hotel, motel, bed and breakfast inn, or other transient lodging use, except for a residential hotel. For purposes of this subdivision, “residential hotel” shall have the same meaning as defined in Section 50519 of the Health and Safety Code.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
The development is not located within any of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
An area of the coastal zone subject to paragraph (1) or (2) of subdivision (a) of Section 30603 of the Public Resources Code.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
An area of the coastal zone that is not subject to a certified local coastal program or a certified land use plan.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
An area of the coastal zone that is vulnerable to five feet of sea level rise, as determined by the National Oceanic and Atmospheric Administration, the Ocean Protection Council, the United States Geological Survey, the University of California, or a local government’s coastal hazards vulnerability assessment.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
In a parcel within the coastal zone that is not zoned for multifamily housing.
</html:p>
<html:p>
(v)
<html:span class="EnSpace"/>
In a parcel in the coastal zone and located on either of the following:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
A 100-foot radius of, or on, a wetland, as defined in Section 30121 of the Public Resources Code.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
Prime agricultural land, as defined in Sections 30113 and 30241 of the Public Resources Code.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Either prime farmland or farmland of statewide importance, as defined pursuant to the United States Department of Agriculture land inventory and monitoring criteria, as modified for California, and designated on the maps prepared by the Farmland
Mapping and Monitoring Program of the Department of Conservation, or land zoned or designated for agricultural protection or preservation by a local ballot measure that was approved by the voters of that jurisdiction.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
A very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to Section 51178, or within the state responsibility area, as defined in Section 4102 of the Public Resources Code. This subparagraph does not apply to sites that have adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development, including, but not limited to,
standards established under all of the following or their successor provisions:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Section 4291 of the Public Resources Code or Section 51182, as applicable.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Section 4290 of the Public Resources Code.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
Chapter 7A of the California Building Code (Title 24 of the California Code of Regulations).
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
A hazardous waste site that is listed pursuant to Section 65962.5 or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Section 25356 of the Health and Safety Code, unless either of the following apply:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The site is an underground storage tank site
that received a uniform closure letter issued pursuant to subdivision (g) of Section 25296.10 of the Health and Safety Code based on closure criteria established by the State Water Resources Control Board for residential use or residential mixed uses. This section does not alter or change the conditions to remove a site from the list of hazardous waste sites listed pursuant to Section 65962.5.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The State Department of Public Health, State Water Resources Control Board, Department of Toxic Substances Control, or a local agency making a determination pursuant to subdivision (c) of Section 25296.10 of the Health and Safety Code, has otherwise determined that the site is suitable for residential use or residential mixed uses.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
A delineated earthquake fault zone as determined by the State
Geologist in any official maps published by the State Geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law (Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code), and by any local building department under Chapter 12.2 (commencing with Section 8875) of Division 1 of Title 2.
</html:p>
<html:p>
(G)
<html:span class="EnSpace"/>
A special flood hazard area subject to inundation by the 1 percent annual chance flood (100-year flood) as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency. If a development proponent is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this subparagraph
and is otherwise eligible for streamlined approval under this section, a local government shall not deny the application on the basis that the development proponent did not comply with any additional permit requirement, standard, or action adopted by that local government that is applicable to that site. A development may be located on a site described in this subparagraph if either of the following are met:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The site has been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The site meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program pursuant to Part 59 (commencing with Section 59.1) and
Part 60 (commencing with Section 60.1) of Subchapter B of Chapter I of Title 44 of the Code of Federal Regulations.
</html:p>
<html:p>
(H)
<html:span class="EnSpace"/>
A regulatory floodway as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency, unless the development has received a no-rise certification in accordance with Section 60.3(d)(3) of Title 44 of the Code of Federal Regulations. If a development proponent is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this subparagraph and is otherwise eligible for streamlined approval under this section, a local government shall not deny the application on the basis that the development proponent did not comply with any additional permit requirement, standard, or action adopted by that local government that is applicable
to that site.
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
Lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code), habitat conservation plan pursuant to the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), or other adopted natural resource protection plan.
</html:p>
<html:p>
(J)
<html:span class="EnSpace"/>
Habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or the
Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code).
</html:p>
<html:p>
(K)
<html:span class="EnSpace"/>
Lands under conservation easement.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
The development is not located on a site where any of the following apply:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The development would require the demolition of the following types of housing:
</html:p>
<html:p>
(I)
<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 income, as defined in subdivision (m) of Section 65582, or lower income, as defined in subdivision (l) of Section 65582.
</html:p>
<html:p>
(II)
<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>
(III)
<html:span class="EnSpace"/>
Housing that has been occupied by tenants within the past 10 years.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The site was previously used for housing that was occupied by tenants that was demolished within 10 years before the development proponent submits an application under this section.
</html:p>
<html:b/>
<html:p>
(iii)
<html:span class="EnSpace"/>
The development would require the demolition of a property individually listed on the National Register of Historic Places or the California Register of Historical Resources or of a contributing structure located within a historic district included on the National Register of Historic Places or
the California Register of Historical Resources.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
The property contains housing units that are occupied by tenants, and units at the property are, or were, subsequently offered for sale to the general public by the subdivider or subsequent owner of the property.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
This paragraph shall not apply if a structure on the development site that includes at least one housing unit was involuntarily damaged or destroyed by an earthquake, other catastrophic event, or the public enemy.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
Except as provided in paragraph (9), a proponent of a development project approved by a local government pursuant to this section shall require in contracts with construction contractors, and shall certify to the local government, that
the following standards specified in this paragraph will be met in project construction, as applicable:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
A development that is not in its entirety a public work for purposes of Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code and approved by a local government pursuant to Article 2 (commencing with Section
65912.110) or Article 3 (commencing with Section 65912.120) shall be subject to all of the following:
</html:p>
<html:p>
(i)
<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>
(ii)
<html:span class="EnSpace"/>
The development proponent shall ensure that the prevailing wage requirement is included in all contracts for the performance of the work, and shall also provide notice of all contracts for the performance
of the work to the Department of Industrial Relations, in accordance with Section 1773.35 of the Labor Code, for those portions of the development that are not a public work.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
All contractors and subcontractors for those portions of the development that are not a public work shall comply with all 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 subclause does not apply if all contractors and subcontractors performing work on the development are subject to a project labor agreement that requires the payment of prevailing wages to all construction workers employed in the execution of the development and provides for enforcement of that obligation through an arbitration procedure. For purposes of this subclause, “project labor agreement” has the same meaning as set forth in paragraph (1) of subdivision (b) of Section 2500 of the Public Contract Code.
</html:p>
<html:p>
(III)
<html:span class="EnSpace"/>
Be registered in accordance with Section 1725.6 of the Labor Code.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
The obligation of the contractors and subcontractors to pay prevailing wages pursuant to this
paragraph 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>
(ii)
<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>
(iii)
<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 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>
(C)
<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 a development that are not a public work if otherwise provided in a bona fide collective bargaining agreement covering the worker.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
The requirement of this paragraph to pay at least the general prevailing rate of per diem wages does not preclude use of an alternative workweek schedule adopted pursuant to Section 511 or 514 of the Labor Code.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
A development of 50 or more housing units approved by a local government pursuant to this section shall meet all of the following labor standards:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The development proponent shall require in contracts with construction contractors and shall certify to the
local government that each contractor of any tier who will employ construction craft employees or will let subcontracts for at least 1,000 hours shall satisfy the requirements in clauses (ii) and (iii). A construction contractor is deemed in compliance with clauses (ii) and (iii) if it is signatory to a valid collective bargaining agreement that requires utilization of registered apprentices and expenditures on health care for employees and dependents.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
A contractor with construction craft employees shall either participate in an apprenticeship program approved by the California Division of Apprenticeship Standards pursuant to Section 3075 of the Labor Code, or request the dispatch of apprentices from a state-approved apprenticeship program under the terms and conditions set forth in Section 1777.5 of the Labor Code. A contractor
without construction craft employees shall show a contractual obligation that its subcontractors comply with this clause.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
Each contractor with construction craft employees shall make health care expenditures for each employee in an amount per hour worked on the development equivalent to at least the hourly pro rata cost of a Covered California Platinum level plan for two adults 40 years of age and two dependents 0 to 14 years of age for the Covered California rating area in which the development is located. A contractor without construction craft employees shall show a contractual obligation that its subcontractors comply with this clause. Qualifying expenditures shall be credited toward compliance with prevailing wage payment requirements set forth in this paragraph.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
(I)
<html:span class="EnSpace"/>
The development proponent shall provide to the local government, on a monthly basis while its construction contracts on the development are being performed, a report demonstrating compliance with clauses (ii) and (iii). The reports shall be considered public records under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1) and shall be open to public inspection.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
A development proponent that fails to provide the monthly report shall be subject to a civil penalty for each month for which the report has not been provided, in the amount of 10 percent of the dollar value of construction work performed by that contractor on the development in the month in question, up to a maximum of ten thousand dollars ($10,000). Any contractor or subcontractor that fails to
comply with clauses (ii) and (iii) shall be subject to a civil penalty of two hundred dollars ($200) per day for each worker employed in contravention of clauses (ii) and (iii).
</html:p>
<html:p>
(III)
<html:span class="EnSpace"/>
Penalties may be assessed by the Labor Commissioner within 18 months of completion of the development using the procedures for issuance of civil wage and penalty assessments specified in Section 1741 of the Labor Code, and may be reviewed pursuant to Section 1742 of the Labor Code. Penalties shall be deposited in the State Public Works Enforcement Fund established pursuant to Section 1771.3 of the Labor Code.
</html:p>
<html:p>
(v)
<html:span class="EnSpace"/>
Each construction contractor shall maintain and verify payroll records pursuant to Section 1776 of the Labor Code. Each construction contractor shall submit payroll records directly to the Labor
Commissioner at least monthly in a format prescribed by the Labor Commissioner in accordance with subparagraph (A) of paragraph (3) of subdivision (a) of Section 1771.4 of the Labor Code. The records shall include a statement of fringe benefits. Upon request by a joint labor-management cooperation committee established pursuant to the federal Labor Management Cooperation Act of 1978 (29 U.S.C. Sec. 175a), the records shall be provided pursuant to subdivision (e) of Section 1776 of the Labor Code.
</html:p>
<html:p>
(vi)
<html:span class="EnSpace"/>
All construction contractors shall report any change in apprenticeship program participation or health care expenditures to the local government within 10 business days, and shall reflect those changes on the monthly report. The reports shall be considered public records pursuant to the California Public Records Act (Division 10 (commencing with
Section 7920.000) of Title 1) and shall be open to public inspection.
</html:p>
<html:p>
(vii)
<html:span class="EnSpace"/>
A joint labor-management cooperation committee established pursuant to the federal Labor Management Cooperation Act of 1978 (29 U.S.C. Sec. 175a) shall have standing to sue a construction contractor for failure to make health care expenditures pursuant to clause (iii) in accordance with Section 218.7 or 218.8 of the Labor Code.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
For any project over 85 feet in height above grade, the following skilled and trained workforce provisions apply:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Except as provided in clause (ii), the developer shall enter into construction contracts with prime contractors only if all of the following are satisfied:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
The contract contains an enforceable commitment that the prime contractor and subcontractors at every tier will use a skilled and trained workforce, as defined in Section 2601 of the Public Contract Code, to perform work on the project that falls within an apprenticeable occupation in the building and construction trades. However, this enforceable commitment requirement shall not apply to any scopes of work where new bids are accepted pursuant to subclause (I) of clause (ii).
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
The developer or prime contractor shall establish minimum bidding requirements for subcontractors that are objective to the maximum extent possible. The developer or prime contractor shall not impose any obstacles in the bid process for subcontractors that go beyond what is reasonable and commercially customary. The developer or prime contractor
must accept bids submitted by any bidder that meets the minimum criteria set forth in the bid solicitation.
</html:p>
<html:p>
(III)
<html:span class="EnSpace"/>
The prime contractor has provided an affidavit under penalty of perjury that, in compliance with this subparagraph, it will use a skilled and trained workforce and will obtain from its subcontractors an enforceable commitment to use a skilled and trained workforce for each scope of work in which it receives at least three bids attesting to satisfaction of the skilled and trained workforce requirements.
</html:p>
<html:p>
(IV)
<html:span class="EnSpace"/>
When a prime contractor or subcontractor is required to provide an enforceable commitment that a skilled and trained workforce will be used to complete a contract or project, the commitment shall be made in an enforceable agreement with the developer that
provides the following:
</html:p>
<html:p>
(ia)
<html:span class="EnSpace"/>
The prime contractor and subcontractors at every tier will comply with this chapter.
</html:p>
<html:p>
(ib)
<html:span class="EnSpace"/>
The prime contractor will provide the developer, on a monthly basis while the project or contract is being performed, a report demonstrating compliance by the prime contractor.
</html:p>
<html:p>
(ic)
<html:span class="EnSpace"/>
The prime contractor shall provide the developer, on a monthly basis while the project or contract is being performed, the monthly reports demonstrating compliance submitted to the prime contractor by the affected subcontractors.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
(I)
<html:span class="EnSpace"/>
If a prime contractor fails to receive at least three bids in a scope of construction work from subcontractors
that attest to satisfying the skilled and trained workforce requirements as described in this subparagraph, the prime contractor may accept new bids for that scope of work. The prime contractor need not require that a skilled and trained workforce be used by the subcontractors for that scope of work.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
The requirements of this subparagraph shall not apply if all contractors, subcontractors, and craft unions performing work on the development are subject to a multicraft 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. The multicraft project labor agreement shall include all construction crafts with applicable coverage determinations for the specified scopes
of work on the project pursuant to Section 1773 of the Labor Code and shall be executed by all applicable labor organizations regardless of affiliation. For purposes of this clause, “project labor agreement” means a prehire collective bargaining agreement that establishes terms and conditions of employment for a specific construction project or projects and is an agreement described in Section 158(f) of Title 29 of the United States Code.
</html:p>
<html:p>
(III)
<html:span class="EnSpace"/>
Requirements set forth in this subparagraph shall not apply to projects where 100 percent of the units, exclusive of a manager’s unit or units, are dedicated to lower income households, as defined in Section 50079.5 of the Health and Safety Code.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
If the skilled and trained workforce requirements of this subparagraph apply, the prime
contractor shall require subcontractors to provide, and subcontractors on the project shall provide, the following to the prime contractor:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
An affidavit signed under penalty of perjury that a skilled and trained workforce shall be employed on the project.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
Reports on a monthly basis, while the project or contract is being performed, demonstrating compliance with this chapter.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
Upon issuing any invitation or bid solicitation for the project, but no less than seven days before the bid is due, the developer shall send 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 and the local building and construction trades council.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
Any organization representing contractors that may perform work necessary to complete the project, including any contractors’ association or regional builders’ exchange.
</html:p>
<html:p>
(v)
<html:span class="EnSpace"/>
The developer or prime contractor shall, within three business days of a request by a joint labor-management cooperation committee established pursuant to the federal Labor Management Cooperation Act of 1978 (29 U.S.C. Sec. 175a), provide all of the following:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
The names and Contractors State License Board numbers of the
prime contractor and any subcontractors that submitted a proposal or bid for the development project.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
The names and Contractors State License Board numbers of contractors and subcontractors that are under contract to perform construction work.
</html:p>
<html:p>
(vi)
<html:span class="EnSpace"/>
(I)
<html:span class="EnSpace"/>
For all projects subject to this subparagraph, the development proponent shall provide to the locality, on a monthly basis while the project or contract is being performed, a report demonstrating that the self-performing prime contractor and all subcontractors used a skilled and trained workforce, as defined in Section 2601 of the Public Contract Code, unless otherwise exempt under this subparagraph. A monthly report provided to the locality 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 complete monthly report shall be subject to a civil penalty of 10 percent of the dollar value of construction work performed by that contractor on the project in the month in question, up to a maximum of ten thousand dollars ($10,000) per month for each month for which the report has not been provided.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
Any subcontractors or prime contractor self-performing work subject to the skilled and trained workforce requirements under this subparagraph that fail 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 project using the same 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. Prime contractors shall not be jointly liable for violations of this subparagraph by subcontractors. Penalties shall be paid to the State Public Works Enforcement Fund or the locality or its labor standards enforcement agency, depending on the lead entity performing the enforcement work.
</html:p>
<html:p>
(III)
<html:span class="EnSpace"/>
Any provision of a contract or agreement of any kind between a developer and a prime contractor that purports to delegate, transfer, or assign to a prime contractor any obligations of or penalties incurred by a developer shall be deemed contrary to public policy and shall be void and
unenforceable.
</html:p>
<html:p>
(G)
<html:span class="EnSpace"/>
A locality, and any labor standards enforcement agency the locality lawfully maintains, shall have standing to take administrative action or sue a construction contractor for failure to comply with this paragraph. A prevailing locality or labor standards enforcement agency shall distribute any wages and penalties to workers in accordance with law and retain any fees, additional penalties, or assessments.
</html:p>
<html:p>
(9)
<html:span class="EnSpace"/>
Notwithstanding paragraph (8), a development that is subject to approval pursuant to this section is exempt from any requirement to pay prevailing wages, use a workforce participating in an apprenticeship, or provide health care expenditures if it satisfies both of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The project
consists of 10 or fewer units.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The project is not 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>
(10)
<html:span class="EnSpace"/>
The development shall not be upon an existing parcel of land or site that is governed under the Mobilehome Residency Law (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2 of Division 2 of the Civil Code), the Recreational Vehicle Park Occupancy Law (Chapter 2.6 (commencing with Section 799.20) of Title 2 of Part 2 of Division 2 of the Civil Code), the Mobilehome Parks Act (Part 2.1 (commencing with Section 18200) of Division 13 of the Health and Safety Code), or the Special Occupancy Parks Act (Part 2.3 (commencing with Section 18860) of Division 13 of the Health and Safety Code).
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
Before submitting an application for a development subject to the streamlined, ministerial approval process described in subdivision (c), the development proponent shall submit to the local government a notice of its intent to submit an application. The notice of intent shall be in the form of a preliminary application that includes all of the information described in Section 65941.1, as that section read on January 1, 2020.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Upon receipt of a notice of intent to submit an application described in clause (i), the local government shall engage in a scoping consultation regarding the proposed development with any California Native American tribe that is traditionally and culturally affiliated
with the geographic area, as described in Section 21080.3.1 of the Public Resources Code, of the proposed development. In order to expedite compliance with this subdivision, the local government shall contact the Native American Heritage Commission for assistance in identifying any California Native American tribe that is traditionally and culturally affiliated with the geographic area of the proposed development.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
The timeline for noticing and commencing a scoping consultation in accordance with this subdivision shall be as follows:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
The local government shall provide a formal notice of a development proponent’s notice of intent to submit an application described in clause (i) to each California Native American tribe that is traditionally and culturally affiliated with the
geographic area of the proposed development within 30 days of receiving that notice of intent. The formal notice provided pursuant to this subclause shall include all of the following:
</html:p>
<html:p>
(ia)
<html:span class="EnSpace"/>
A description of the proposed development.
</html:p>
<html:p>
(ib)
<html:span class="EnSpace"/>
The location of the proposed development.
</html:p>
<html:p>
(ic)
<html:span class="EnSpace"/>
An invitation to engage in a scoping consultation in accordance with this subdivision.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
Each California Native American tribe that receives a formal notice pursuant to this clause shall have 30 days from the receipt of that notice to accept the invitation to engage in a scoping consultation.
</html:p>
<html:p>
(III)
<html:span class="EnSpace"/>
If the local
government receives a response accepting an invitation to engage in a scoping consultation pursuant to this subdivision, the local government shall commence the scoping consultation within 30 days of receiving that response.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The scoping consultation shall recognize that California Native American tribes traditionally and culturally affiliated with a geographic area have knowledge and expertise concerning the resources at issue and shall take into account the cultural significance of the resource to the culturally affiliated California Native American tribe.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The parties to a scoping consultation conducted pursuant to this subdivision shall be the local government and any California Native American tribe traditionally and culturally affiliated with the geographic
area of the proposed development. More than one California Native American tribe traditionally and culturally affiliated with the geographic area of the proposed development may participate in the scoping consultation. However, the local government, upon the request of any California Native American tribe traditionally and culturally affiliated with the geographic area of the proposed development, shall engage in a separate scoping consultation with that California Native American tribe. The development proponent and its consultants may participate in a scoping consultation process conducted pursuant to this subdivision if all of the following conditions are met:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The development proponent and its consultants agree to respect the principles set forth in this subdivision.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The
development proponent and its consultants engage in the scoping consultation in good faith.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
The California Native American tribe participating in the scoping consultation approves the participation of the development proponent and its consultants. The California Native American tribe may rescind its approval at any time during the scoping consultation, either for the duration of the scoping consultation or with respect to any particular meeting or discussion held as part of the scoping consultation.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
The participants to a scoping consultation pursuant to this subdivision shall comply with all of the following confidentiality requirements:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Section 7927.000.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Section 7927.005.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
Subdivision (c) of Section 21082.3 of the Public Resources Code.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
Subdivision (d) of Section 15120 of Title 14 of the California Code of Regulations.
</html:p>
<html:p>
(v)
<html:span class="EnSpace"/>
Any additional confidentiality standards adopted by the California Native American tribe participating in the scoping consultation.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
The California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) shall not apply to a scoping consultation conducted pursuant to this subdivision.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
If, after concluding the scoping
consultation, the parties find that no potential tribal cultural resource would be affected by the proposed development, the development proponent may submit an application for the proposed development that is subject to the streamlined, ministerial approval process described in subdivision (c).
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
If, after concluding the scoping consultation, the parties find that a potential tribal cultural resource could be affected by the proposed development and an enforceable agreement is documented between the California Native American tribe and the local government on methods, measures, and conditions for tribal cultural resource treatment, the development proponent may submit the application for a development subject to the streamlined, ministerial approval process described in subdivision (c). The local government shall ensure that the
enforceable agreement is included in the requirements and conditions for the proposed development.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
If, after concluding the scoping consultation, the parties find that a potential tribal cultural resource could be affected by the proposed development and an enforceable agreement is not documented between the California Native American tribe and the local government regarding methods, measures, and conditions for tribal cultural resource treatment, the development shall not be eligible for the streamlined, ministerial approval process described in subdivision (c).
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
For purposes of this paragraph, a scoping consultation shall be deemed to be concluded if either of the following occur:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The parties to the scoping
consultation document an enforceable agreement concerning methods, measures, and conditions to avoid or address potential impacts to tribal cultural resources that are or may be present.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
One or more parties to the scoping consultation, acting in good faith and after reasonable effort, conclude that a mutual agreement on methods, measures, and conditions to avoid or address impacts to tribal cultural resources that are or may be present cannot be reached.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
If the development or environmental setting substantially changes after the completion of the scoping consultation, the local government shall notify the California Native American tribe of the changes and engage in a subsequent scoping consultation if requested by the California Native American tribe.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
A local government may only accept an application for streamlined, ministerial approval pursuant to this section if one of the following applies:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
A California Native American tribe that received a formal notice of the development proponent’s notice of intent to submit an application pursuant to subclause (I) of clause (iii) of subparagraph (A) of paragraph (1) did not accept the invitation to engage in a scoping consultation.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The California Native American tribe accepted an invitation to engage in a scoping consultation pursuant to subclause (II) of clause (iii) of subparagraph (A) of paragraph (1) but substantially failed to engage in the scoping consultation after repeated documented attempts by the local
government to engage the California Native American tribe.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The parties to a scoping consultation pursuant to this subdivision find that no potential tribal cultural resource will be affected by the proposed development pursuant to subparagraph (A) of paragraph (2).
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
A scoping consultation between a California Native American tribe and the local government has occurred in accordance with this subdivision and resulted in agreement pursuant to subparagraph (B) of paragraph (2).
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
A project shall not be eligible for the streamlined, ministerial process described in subdivision (c) if any of the following apply:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
There is a tribal cultural resource
that is on a national, state, tribal, or local historic register list located on the site of the project.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
There is a potential tribal cultural resource that could be affected by the proposed development and the parties to a scoping consultation conducted pursuant to this subdivision do not document an enforceable agreement on methods, measures, and conditions for tribal cultural resource treatment, as described in
subparagraph (C) of paragraph (2).
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The parties to a scoping consultation conducted pursuant to this subdivision do not agree as to whether a potential tribal cultural resource will be affected by the proposed development.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
If, after a scoping consultation conducted pursuant to this subdivision, a project is not eligible for the streamlined, ministerial approval process described in subdivision (c) for any or all of the following reasons, the local government shall provide written documentation of that fact, and an explanation of the reason for which the project is not eligible, to the development proponent and to any California Native American tribe that is a party to that scoping consultation:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
There is a tribal cultural resource that is on a national, state, tribal, or local historic register list located on the site of the project, as described in subparagraph (A) of paragraph (4).
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The parties to the scoping consultation have not documented an enforceable agreement on methods, measures, and conditions for tribal cultural resource treatment, as described in subparagraph (C) of paragraph (2) and subparagraph (B) of paragraph (4).
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
The parties to the scoping consultation do not agree as to whether a potential tribal cultural resource will be affected by the proposed development, as described in subparagraph (C) of paragraph (4).
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The written documentation provided to a development proponent
pursuant to this paragraph shall include information on how the development proponent may seek a conditional use permit or other discretionary approval of the development from the local
government.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
This section is not intended, and shall not be construed, to limit consultation and discussion between a local government and a California Native American tribe pursuant to other applicable law, confidentiality provisions under other applicable law, the protection of religious exercise to the fullest extent permitted under state and federal law, or the ability of a California Native American tribe to submit information to the local government or participate in any process of the local government.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
For purposes of this subdivision:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
“Consultation” means the meaningful and timely process of seeking, discussing, and considering carefully the views of others, in a manner that is
cognizant of all parties’ cultural values and, where feasible, seeking agreement. Consultation between local governments and Native American tribes shall be conducted in a way that is mutually respectful of each party’s sovereignty. Consultation shall also recognize the tribes’ potential needs for confidentiality with respect to places that have traditional tribal cultural importance. A lead agency shall consult the tribal consultation best practices described in the “State of California Tribal Consultation Guidelines: Supplement to the General Plan Guidelines” prepared by the Office of Planning and Research.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
“Scoping” means the act of participating in early discussions or investigations between the local government and California Native American tribe, and the development proponent if authorized by the California Native American
tribe, regarding the potential effects a proposed development could have on a potential tribal cultural resource, as defined in Section 21074 of the Public Resources Code, or California Native American tribe, as defined in Section 21073 of the Public Resources Code.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
This subdivision shall not apply to any project that has been approved under the streamlined, ministerial approval process provided under this section before the effective date of the act adding this subdivision.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Notwithstanding any local law, if a local government’s planning director or equivalent position determines that a development submitted pursuant to this section is consistent with the objective planning standards specified in subdivision (a) and pursuant to paragraph (3) of this
subdivision, the local government shall approve the development. Upon a determination that a development submitted pursuant to this section is in conflict with any of the objective planning standards specified in subdivision (a), the local government staff or relevant local planning and permitting department that made the determination shall provide the development proponent written documentation of which standard or standards the development conflicts with, and an explanation for the reason or reasons the development conflicts with that standard or standards, as follows:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Within 60 days of submittal of the development to the local government pursuant to this section if the development contains 150 or fewer housing units.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Within 90 days of submittal of the development to
the local government pursuant to this section if the development contains more than 150 housing units.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Within 30 days of submittal of any development proposal that was resubmitted to address written feedback provided by the local government pursuant to this paragraph.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
If the local government’s planning director or equivalent position fails to provide the required documentation pursuant to paragraph (1), the development shall be deemed to satisfy the objective planning standards specified in subdivision (a).
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
For purposes of this section, and except as provided in paragraph (4), a development is consistent with the objective planning standards specified in subdivision (a) if there is substantial evidence
that would allow a reasonable person to conclude that the development is consistent with the objective planning standards. The local government shall not determine that a development, including an application for a modification under subdivision (h), is in conflict with the objective planning standards on the basis that application materials are not included, if the application contains substantial evidence that would allow a reasonable person to conclude that the development is consistent with the objective planning standards.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Notwithstanding paragraph (3), in any evaluation of a development under this section related to compliance with paragraph (6) of subdivision (a), the local government shall bear the burden of proof. It shall demonstrate, with a preponderance of the evidence, that the development does not comply with applicable environmental
criteria established under state or federal law. This demonstration shall include detailed written findings that specify the environmental criteria the project fails to meet and provide a clear linkage to the empirical or scientific evidence supporting these written findings.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Upon submittal of an application for streamlined, ministerial approval pursuant to this section to the local government, all departments of the local government that are required to issue an approval of the development prior to the granting of an entitlement shall comply with the requirements of this section within the time periods specified in paragraph (1).
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Any design review of the development may be conducted by the local government’s planning commission or any equivalent board
or commission responsible for design review. That design
review shall be objective and be strictly focused on assessing compliance with criteria required for streamlined projects, as well as any reasonable objective design standards published and adopted by ordinance or resolution by a local jurisdiction before submission of a development application, and shall be broadly applicable to development within the jurisdiction. That design review shall be completed, and if the development is consistent with all objective standards, the local government shall approve the development as follows and shall not in any way inhibit, chill, or preclude the ministerial approval provided by this section or its effect, as applicable:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Within 90 days of submittal of the development to the local government pursuant to this section if the development contains 150 or fewer housing units.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Within 180 days of submittal of the development to the local government pursuant to this section if the development contains more than 150 housing units.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
An application for a subdivision pursuant to the Subdivision Map Act (Division 2 (commencing with Section 66410)) shall be exempt from the requirements of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) and shall be subject to the public oversight timelines set forth in paragraph (1) if the development is consistent with the requirements of this section, including, but not limited to, paragraph (8) of subdivision (a), and all objective subdivision standards in the local subdivision ordinance, and meets at least one of the following requirements:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The development has received or will receive financing or funding by means of a low-income housing tax credit.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The development is located on a legal parcel or parcels within either of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
An incorporated city, the boundaries of which include some portion of an urbanized area.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
An urbanized area or urban cluster in a county with a population greater than 250,000 based on the most recent United States Census Bureau data.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
For purposes of this subparagraph, the following definitions apply:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
“Urbanized
area” means an urbanized area designated by the United States Census Bureau, as published in the Federal Register, Volume 77, Number 59, on March 27, 2012.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
“Urban cluster” means an urban cluster designated by the United States Census Bureau, as published in the Federal Register, Volume 77, Number 59, on March 27, 2012.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
If a local government determines that a development submitted pursuant to this section is in conflict with any of the standards imposed pursuant to paragraph (1), it shall provide the development proponent written documentation of which objective standard or standards the development conflicts with, and an explanation for the reason or reasons the development conflicts with that objective standard or standards consistent with the timelines described
in paragraph (1) of subdivision (c).
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Notwithstanding any other law, a local government, whether or not it has adopted an ordinance governing automobile parking requirements in multifamily developments, shall not impose automobile parking standards for a streamlined development that was approved pursuant to this section in any of the following instances:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The development is located within one-half mile of public transit.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The development is located within an architecturally and historically significant historic district.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
When on-street parking permits are required but not offered to the occupants of the development.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
When there is a car share vehicle located within one block of the development.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
If the development does not fall within any of the categories described in paragraph (1), the local government shall not impose automobile parking requirements for streamlined developments approved pursuant to this section that exceed one parking space per unit.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
Notwithstanding any law, a local government shall not require any of the following prior to approving a development that meets the requirements of this section:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Studies, information, or other materials that do not pertain directly to determining whether the development is consistent with the objective
planning standards applicable to the development.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Compliance with any standards necessary to receive a postentitlement permit.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
This paragraph does not prohibit a local agency from requiring compliance with any standards necessary to receive a postentitlement permit after a permit has been issued pursuant to this section.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
For purposes of this paragraph, “postentitlement permit” has the same meaning as provided in subparagraph (A) of paragraph (3) of subdivision (j) of Section 65913.3.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
If a local government approves a development pursuant to this section, then, notwithstanding any other law, that
approval shall not expire if the project satisfies both of the following requirements:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The project includes public investment in housing affordability, beyond tax credits.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
At least 50 percent of the units are affordable to households making at or below 80 percent of the area median income.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
If a local government approves a development pursuant to this section, and the project does not satisfy the requirements of subparagraphs (A) and (B) of paragraph (1), that approval shall remain valid for three years from the date of the final action establishing that approval, or if litigation is filed challenging that approval, from the date of the final judgment upholding that approval.
Approval shall remain valid for a project provided construction activity, including demolition and grading activity, on the development site that has begun pursuant to a permit issued by the local jurisdiction and is in progress. For purposes of this subdivision, “in progress” means one of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The construction has begun and has not ceased for more than 180 days.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
If the development requires multiple building permits, an initial phase has been completed, and the project proponent has applied for and is diligently pursuing a building permit for a subsequent phase, provided that once it has been issued, the building permit for the subsequent phase does not lapse.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Notwithstanding subparagraph (A), a
local government may grant a project a one-time, one-year extension if the project proponent can provide documentation that there has been significant progress toward getting the development construction ready, such as filing a building permit application.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
If the development proponent requests a modification pursuant to subdivision (h), then the time during which the approval shall remain valid shall be extended for the number of days between the submittal of a modification request and the date of its final approval, plus an additional 180 days to allow time to obtain a building permit. If litigation is filed relating to the modification request, the time shall be further extended during the pendency of the litigation. The extension required by this paragraph shall only apply to the first request for a modification submitted by the development
proponent.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The amendments made to this subdivision by the act that added this paragraph shall also be retroactively applied to developments approved prior to January 1, 2022.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
A development proponent may request a modification to a development that has been approved under the streamlined, ministerial approval process provided in subdivision (c) if that request is submitted to the local government before the issuance of the final building permit required for construction of the development.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Except as provided in paragraph (3), the local government shall approve a modification if it determines that the modification is consistent with the objective planning
standards specified in subdivision (a) that were in effect when the original development application was first submitted.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The local government shall evaluate any modifications requested pursuant to this subdivision for consistency with the objective planning standards using the same assumptions and analytical methodology that the local government originally used to assess consistency for the development that was approved for streamlined, ministerial approval pursuant to subdivision (c).
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
A guideline that was adopted or amended by the department pursuant to subdivision (n) after a development was approved through the streamlined, ministerial approval process described in subdivision (c) shall not be used as a basis to deny proposed modifications.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Upon receipt of the development proponent’s application requesting a modification, the local government shall determine if the requested modification is consistent with the objective planning standard and either approve or deny the modification request within 60 days after submission of the modification, or within 90 days if design review is required.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Notwithstanding paragraph (1), the local government may apply objective planning standards adopted after the development application was first submitted to the requested modification in any of the following instances:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The development is revised such that the total square footage of construction increases by 15 percent or more or the total number of
residential units decreases by 15 percent or more. The calculation of the square footage of construction increases shall not include underground space.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The development is revised such that the total square footage of construction increases by 5 percent or more or the total number of residential units decreases by 5 percent or more and it is necessary to subject the development to an objective standard beyond those in effect when the development application was submitted in order to mitigate or avoid a specific, adverse impact, as that term is defined in subparagraph (A) of paragraph (1) of subdivision (j) of Section 65589.5, upon the public health or safety and there is no feasible alternative method to satisfactorily mitigate or avoid the adverse impact. The calculation of the square footage of construction increases shall not include
underground space.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
Objective building standards contained in the California Building Standards Code (Title 24 of the California Code of Regulations), including, but not limited to, building plumbing, electrical, fire, and grading codes, may be applied to all modification applications that are submitted prior to the first building permit application. Those standards may be applied to modification applications submitted after the first building permit application if agreed to by the development proponent.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The amendments made to clause (i) by the act that added clause (i) shall also be retroactively applied to modification applications submitted prior to January 1, 2022.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The local
government’s review of a modification request pursuant to this subdivision shall be strictly limited to determining whether the modification, including any modification to previously approved density bonus concessions or waivers, modify the development’s consistency with the objective planning standards and shall not reconsider prior determinations that are not affected by the modification.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
A local government shall not adopt or impose any requirement, including, but not limited to, increased fees or inclusionary housing requirements, that applies to a project solely or partially on the basis that the project is eligible to receive ministerial or streamlined approval pursuant to this section.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
A local government shall issue a
subsequent permit required for a development approved under this section if the application substantially complies with the development as it was approved pursuant to subdivision (c). Upon receipt of an application for a subsequent permit, the local government shall process the permit without unreasonable delay and shall not impose any procedure or requirement that is not imposed on projects that are not approved pursuant to this section. The local government shall consider the application for subsequent permits based upon the objective standards specified in any state or local laws that were in effect when the original development application was submitted, unless the development proponent agrees to a change in objective standards. Issuance of subsequent permits shall implement the approved development, and review of the permit application shall not inhibit, chill, or preclude the development. For
purposes of this paragraph, a “subsequent permit” means a permit required subsequent to receiving approval under subdivision (c), and includes, but is not limited to, demolition, grading, encroachment, and building permits and final maps, if necessary.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The amendments made to subparagraph (A) by the act that added this subparagraph shall also be retroactively applied to subsequent permit applications submitted prior to January 1, 2022.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
If a public improvement is necessary to implement a development that is subject to the streamlined, ministerial approval pursuant to this section, including, but not limited to, a bicycle lane, sidewalk or walkway, public transit stop, driveway, street paving or overlay, a curb or gutter, a modified intersection, a street sign
or street light, landscape or hardscape, an above-ground or underground utility connection, a water line, fire hydrant, storm or sanitary sewer connection, retaining wall, and any related work, and that public improvement is located on land owned by the local government, to the extent that the public improvement requires approval from the local government, the local government shall not exercise its discretion over any approval relating to the public improvement in a manner that would inhibit, chill, or preclude the development.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
If an application for a public improvement described in subparagraph (A) is submitted to a local government, the local government shall do all of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Consider the application based upon any objective standards specified in any state or
local laws that were in effect when the original development application was submitted.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Conduct its review and approval in the same manner as it would evaluate the public improvement if required by a project that is not eligible to receive ministerial or streamlined approval pursuant to this section.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
If an application for a public improvement described in subparagraph (A) is submitted to a local government, the local government shall not do either of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Adopt or impose any requirement that applies to a project solely or partially on the basis that the project is eligible to receive ministerial or streamlined approval pursuant to this section.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Unreasonably delay in its consideration, review, or approval of the application.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
This section shall not affect a development proponent’s ability to use any alternative streamlined by right permit processing adopted by a local government, including the provisions of subdivision (i) of Section 65583.2.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
This section shall not prevent a development from also qualifying as a housing development project entitled to the protections of Section 65589.5. This paragraph does not constitute a change in, but is declaratory of, existing law.
</html:p>
<html:p>
(k)
<html:span class="EnSpace"/>
The California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) does not apply to actions
taken by a state agency, local government, or the San Francisco Bay Area Rapid Transit District to:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Lease, convey, or encumber land owned by the local government or the San Francisco Bay Area Rapid Transit District or to facilitate the lease, conveyance, or encumbrance of land owned by the local government, or for the lease of land owned by the San Francisco Bay Area Rapid Transit District in association with an eligible TOD project, as defined pursuant to Section 29010.1 of the Public Utilities Code, nor to any decisions associated with that lease, or to provide financial assistance to a development that receives streamlined approval pursuant to this section that is to be used for housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Approve improvements located on land owned by the local government or the San Francisco Bay Area Rapid Transit District that are necessary to implement a development that receives streamlined approval pursuant to this section that is to be used for housing for persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code.
</html:p>
<html:p>
(l)
<html:span class="EnSpace"/>
For purposes of establishing the total number of units in a development under this chapter, a development or development project includes both of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
All projects developed on a site, regardless of when those developments occur.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
All projects developed on sites
adjacent to a site developed pursuant to this chapter if, after January 1, 2023, the adjacent site had been subdivided from the site developed pursuant to this chapter.
</html:p>
<html:p>
(m)
<html:span class="EnSpace"/>
For purposes of this section, the following terms have the following meanings:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
“Affordable housing cost” has the same meaning as set forth in Section 50052.5 of the Health and Safety Code.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Subject to the qualification provided by subparagraphs (B) and (C), “affordable rent” has the same meaning as set forth in Section 50053 of the Health and Safety Code.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
For a development for which an application pursuant to this section was submitted prior to January 1,
2019, that includes 500 units or more of housing, and that dedicates 20 percent of the total number of units, before calculating any density bonus, to housing affordable to households making at, or below, 80 percent of the area median income, affordable rent for at least 30 percent of these units shall be set at an affordable rent as defined in subparagraph (A) and “affordable rent” for the remainder of these units shall mean a rent that is consistent with the maximum rent levels for a housing development that receives an allocation of state or federal
low-income housing tax credits from the California Tax Credit Allocation Committee.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
For a development that dedicates 100 percent of units, exclusive of a manager’s unit or units, to lower income households, “affordable rent” shall mean a rent that is consistent with the maximum rent levels stipulated by the public program providing financing for the development.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
“Department” means the Department of Housing and Community Development.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
“Development proponent” means the developer who submits a housing development project application to a local government under the streamlined ministerial review process pursuant to this section.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
“Completed entitlements” means a housing development that has received all the required land use approvals or entitlements necessary for the issuance of a building permit.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
“Health care expenditures” include contributions under Section 401(a), 501(c), or 501(d) of the Internal Revenue Code and payments toward “medical care,” as defined in Section 213(d)(1) of the Internal Revenue Code.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
“Housing development project” has the same meaning as in Section 65589.5.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
“Locality” or “local government” means a city, including a charter city, a county, including a charter county, or a city and county, including a charter city and county.
</html:p>
<html:p>
(9)
<html:span class="EnSpace"/>
“Moderate-income housing units” means housing units with an affordable housing cost or affordable rent for persons and families of moderate income, as that term is defined in Section 50093 of the Health and Safety Code.
</html:p>
<html:p>
(10)
<html:span class="EnSpace"/>
“Production report” means the information reported pursuant to subparagraph (H) of paragraph (2) of subdivision (a) of Section 65400.
</html:p>
<html:p>
(11)
<html:span class="EnSpace"/>
“State agency” includes every state office, officer, department, division, bureau, board, and commission, but does not include the California State University or the University of California.
</html:p>
<html:p>
(12)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
“Reporting period” means any of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The first
quarter of the regional housing needs assessment cycle.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The second quarter of the regional housing needs assessment cycle.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
The third quarter of the regional housing needs assessment cycle.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
The last quarter of the regional housing needs assessment cycle.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Notwithstanding subparagraph (A), “reporting period” means annually for the City and County of San Francisco.
</html:p>
<html:p>
(13)
<html:span class="EnSpace"/>
“Urban uses” means any current or former residential, commercial, public institutional, public park that is surrounded by other urban uses, parking lot or structure, transit or transportation passenger
facility, or retail use, or any combination of those uses.
</html:p>
<html:p>
(n)
<html:span class="EnSpace"/>
The department may review, adopt, amend, and repeal guidelines to implement uniform standards or criteria that supplement or clarify the terms, references, or standards set forth in this section. Any guidelines or terms adopted pursuant to this subdivision shall not be subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
</html:p>
<html:p>
(o)
<html:span class="EnSpace"/>
The determination of whether an application for a development is subject to the streamlined ministerial approval process provided by subdivision (c) is not a “project” as defined in Section 21065 of the Public Resources Code.
</html:p>
<html:p>
(p)
<html:span class="EnSpace"/>
Notwithstanding any other law, for purposes of this
section and for development in compliance with the requirements of this section on property owned by or leased to the state, the Department of General Services may act in the place of a locality or local government, at the discretion of the department.
</html:p>
<html:p>
(q)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
For developments proposed in a census tract that is designated either as a moderate resource area, low resource area, or an area of high segregation and poverty on the most recent “CTCAC/HCD Opportunity Map” published by the California Tax Credit Allocation Committee and the Department of Housing and Community Development, within 45 days after receiving a notice of intent, as described in subdivision (b), and before the development proponent submits an application for the proposed development that is subject to the streamlined, ministerial approval process
described in subdivision (c), the local government shall provide for a public meeting to be held by the city council or county board of supervisors to provide an opportunity for the public and the local government to comment on the development.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The public meeting shall be held at a regular meeting and be subject to the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5).
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
If the development proposal is located within a city with a population of greater than 250,000 or the unincorporated area of a county with a population of greater than 250,000, the public meeting shall be held by the jurisdiction’s planning commission.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Comments may be provided by testimony during the
meeting or in writing at any time before the meeting concludes.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
The development proponent shall attest in writing that it attended the meeting described in paragraph (1) and reviewed the public testimony and written comments from the meeting in its application for the proposed development that is subject to the streamlined, ministerial approval process described in subdivision (c).
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
If the local government fails to hold the hearing described in paragraph (1) within 45 days after receiving the notice of intent, the development proponent shall hold a public meeting on the proposed development before submitting an application pursuant to this section.
</html:p>
<html:p>
(r)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
This section shall not apply
to applications for developments proposed on qualified sites that are submitted on or after January 1, 2024, but before July 1, 2025.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
For purposes of this subdivision, “qualified site” means a site that meets the following requirements:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The site is located within an equine or equestrian district designated by a general plan or specific or master plan, which may include a specific narrative reference to a geographically determined area or map of the same. Parcels adjoined and only separated by a street or highway shall be considered to be within an equestrian district.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
As of January 1, 2024, the general plan applicable to the site contains, and has contained for five or more years, an equine or equestrian
district designation where the site is located.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
As of January 1, 2024, the equine or equestrian district applicable to the site is not zoned to include residential uses, but authorizes residential uses with a conditional use permit.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
The applicable local government has an adopted housing element that is compliant with applicable law.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The Legislature finds and declares that the purpose of this subdivision is to allow local governments to conduct general plan updates to align their general plan with applicable zoning changes.
</html:p>
<html:p>
(s)
<html:span class="EnSpace"/>
The provisions of clause (iii) of subparagraph (E) of paragraph (8) of subdivision (a) relating to health care expenditures are
distinct and severable from the remaining provisions of this section. However, the remaining portions of paragraph (8) of subdivision (a) are a material and integral part of this section and are not severable. If any provision or application of paragraph (8) of subdivision (a) is held invalid, this entire section shall be null and void.
</html:p>
<html:p>
(t)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The changes made to this section by the act adding this subdivision shall apply in a coastal zone, as defined in Division 20 (commencing with Section 30000) of the Public Resources Code, on and after January 1, 2025.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
In an area of the coastal zone not excluded under paragraph (6) of subdivision (a), a development that satisfies the requirements of subdivision (a) shall require a coastal development permit pursuant
to Chapter 7 (commencing with Section 30600) of Division 20 of the Public Resources Code. A public agency with coastal development permitting authority shall approve a coastal development permit if it determines that the development is consistent with all objective standards of the local government’s certified local coastal program or, for areas that are not subject to a fully certified local coastal program, the certified land use plan of that area.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
For purposes of this section, receipt of any density bonus, concessions, incentives, waivers or reductions of development standards, and parking ratios to which the applicant is entitled under Section 65915 shall not constitute a basis to find the project inconsistent with the local coastal program.
</html:p>
<html:p>
(u)
<html:span class="EnSpace"/>
It is the policy of the
state that this section be interpreted and implemented in a manner to afford the fullest possible weight to the interest of, and the approval and provision of, increased housing supply.
</html:p>
<html:p>
(v)
<html:span class="EnSpace"/>
This section shall remain in effect only until January 1, 2036, and as of that date is repealed.
</html:p>
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<ns0:BillSection id="id_74A0F8D7-DBBA-4C82-96DE-52E0C579DED1">
<ns0:Num>SEC. 4.</ns0:Num>
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Section 66411.7 of the
<ns0:DocName>Government Code</ns0:DocName>
is amended to read:
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<ns0:Fragment>
<ns0:LawSection id="id_C2C38E48-CB32-4546-8AD0-4045E2935650">
<ns0:Num>66411.7.</ns0:Num>
<ns0:LawSectionVersion id="id_36D0B2E2-A880-495C-AB78-75B2DB074FDB">
<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.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Except as provided in subparagraph (B), both newly created parcels are no smaller than 1,200 square feet.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
A local agency may by ordinance adopt a
smaller minimum lot size subject to ministerial approval under this subdivision.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Newly created lots subdivided pursuant to this section are not required to comply with any of the following requirements:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
A minimum or maximum requirement on the size, width, depth, frontage, or dimensions of any individual parcel beyond the minimum parcel size specified in, or established pursuant to, paragraph (1) of subdivision (a) of this section.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The formation of an association.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
A deed restriction or covenant that restricts rents to levels affordable to persons and families of moderate income, as defined in subdivision (m) of Section 65582, or lower income, as
defined in subdivision (l) of Section 65582.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
The parcel being subdivided meets all the following requirements:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The parcel is located within a residential zone.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(C)
<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.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
The proposed urban lot split would not require demolition or alteration of any of the following types of housing:
</html:p>
<html:p>
(I)
<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 income, as defined in subdivision (m) of Section 65582, or lower income, as defined in subdivision (l) of Section 65582.
</html:p>
<html:p>
(II)
<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>
(III)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(IV)
<html:span class="EnSpace"/>
Housing that has been occupied by a tenant in the last three years.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
This subparagraph shall not apply if a structure on the development site that includes at least one housing unit was involuntarily damaged or destroyed by an earthquake, catastrophic event, or the public enemy.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
The parcel is not located within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is
designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
The parcel has not been established through prior exercise of an urban lot split as provided for in this section.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
An application for a parcel map for an urban lot split shall be approved in accordance with the following requirements:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
A local agency shall approve or deny an application for a parcel map for an urban lot split ministerially without discretionary review.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Any action or proceeding to attack, review, set aside, void, or annul the decision of a local agency concerning an urban lot split, or of any proceeding, act, or determination taken, done, or made prior to the decision, or to determine the reasonableness, legality,
or validity of any condition attached to the decision, including, but not limited to, the approval of the urban lot split, shall not be maintained by any person unless the action or proceeding is commenced and service of summons effected in accordance with Section 66499.37. This subparagraph is declaratory of existing law.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Except as provided in this subdivision, 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.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A local agency shall not impose objective zoning standards, objective subdivision standards, objective design review standards, or permitting requirements that would have the effect of physically precluding an urban lot split from occurring or the construction of
two units on either of the resulting parcels or that would result in a unit size of less than 1,750 net habitable square feet.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Notwithstanding paragraph (2), no setback height limitation, lot coverage limitation, floor area ratio, or other standard that shall be required for an existing structure or a structure constructed in the same location and within the dimensions as an existing structure.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Notwithstanding paragraph (2), in all other circumstances not described in subparagraph (A), a local agency may require a setback from the original lot line of up to four feet from the side and rear lot lines.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Notwithstanding paragraph (1), a local agency may only impose a front setback
with respect to the original lot line.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Notwithstanding paragraph (1), a local agency shall not require a setback between the units, except as required in the California Building Standards Code (Title 24 of the California Code of Regulations).
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
Notwithstanding paragraph (1), a local agency shall not impose a driveway width requirement that exceeds a driveway width requirement applied uniformly to development within the underlying zone. If the underlying zone does not have a driveway width requirement, the local agency shall not impose a driveway width greater than 10 feet if serving one lot, or 14 feet if serving multiple lots. A driveway constructed pursuant to this paragraph shall be considered sufficient to provide access to multiple units either on a single lot,
or multiple units that share an access easement.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
A local agency may require any of the following conditions when considering an application for a parcel map for an urban lot split:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Easements required for the provision of public services and facilities.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A requirement that the parcels have access to, provide access to, or adjoin the public right-of-way. This paragraph should not be interpreted as to allow a local agency to impose an access method if it would physically preclude the lot split from occurring while the use of another method would facilitate the lot split.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Offstreet parking of up to one space per unit, except that a local agency shall not impose parking requirements in any 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>
(f)
<html:span class="EnSpace"/>
A local agency shall require that the uses allowed on a lot created by this section be limited to residential uses.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
A local agency shall not use or impose any additional standards, other than those provided in this section, including any owner-occupant requirement.
</html:p>
<html:p>
(h)
<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>
(i)
<html:span class="EnSpace"/>
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 or subdivision conditions.
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(k)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(l)
<html:span class="EnSpace"/>
Local agencies shall include the number of applications for parcel maps for urban lot splits pursuant to this section in the annual housing element report as required by subparagraph (I) of paragraph (2) of subdivision (a) of Section 65400.
</html:p>
<html:p>
(m)
<html:span class="EnSpace"/>
For purposes of this section, all of the following shall apply:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
“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>
(2)
<html:span class="EnSpace"/>
“Local agency” means a city, county, or city and county, whether general law or chartered.
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<html:p>
(3)
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“Association” has the same meaning as defined in Section 4080 of the Civil Code.
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<html:p>
(4)
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“Urbanized area” means an urbanized area designated by the United States Census Bureau, as published in the Federal Register, Volume 77, Number 59, on March 27, 2012.
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<html:p>
(5)
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“Urban cluster” means an urbanized area designated by the United States Census Bureau, as published in the Federal Register, Volume 77, Number 59, on March 27, 2012.
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<html:p>
(6)
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“Net habitable square feet” means the finished and heated floor area fully enclosed by the inside surface of walls, windows, doors, and partitions, and having a headroom of at least six and one-half feet, including working, living, eating, cooking, sleeping, stair, hall, service, and storage areas, but excluding garages, carports, parking spaces, cellars, half-stories, and unfinished
attics and basements.
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<html:p>
(n)
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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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<html:p>
(o)
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(1)
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A local agency shall submit a copy of the ordinance adopted pursuant to this section to the department within 60 days after adoption. After adoption of an ordinance, the department may submit written findings to the local agency as to whether the ordinance complies with this section. The local agency shall submit a copy of any existing ordinance adopted pursuant to this section to the department within 60 days of the date this act becomes effective.
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<html:p>
(2)
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(A)
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If the department finds that the local agency’s ordinance does not comply with this section, the department shall notify the local agency and shall provide the local agency with a reasonable time, no longer than 30 days, to respond to the findings before taking any other action authorized by this section.
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<html:p>
(B)
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The local agency shall consider any findings made by the department pursuant to paragraph (1) and shall do one of the following:
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<html:p>
(i)
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Amend the ordinance to comply with this section.
</html:p>
<html:p>
(ii)
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Adopt the ordinance without changes. The local agency shall include findings in its resolution adopting the ordinance that explain the reasons
the local agency believes that the ordinance complies with this section despite the findings of the department.
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<html:p>
(3)
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If the local agency does not amend its ordinance in response to the department’s findings or does not adopt a resolution with findings explaining the reason the ordinance complies with this section and addressing the department’s findings, the department shall notify the local agency and may notify the Attorney General that the local agency is in violation of state law.
</html:p>
<html:p>
(p)
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A local agency shall ministerially review a condominium map to subdivide a housing development built pursuant to Section 65852.21, consistent with the standards set out for an urban lot split in this section.
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<html:p>
(q)
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A local agency shall
provide applicants with a single application for an urban lot split pursuant to this section and any housing development pursuant to Section 65852.21. Both applications shall be reviewed concurrently.
</html:p>
<html:p>
(r)
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(1)
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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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<html:p>
(2)
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It is the intent of the Legislature that urban lot splits proposed pursuant to this section on any lot that satisfies the requirements specified in clauses (i) to (iii), inclusive, and clause (v) of subparagraph (A) of paragraph (6) of subdivision (a) of Section 65913.4 enjoy streamlined permitting consistent with Section 65913.4 of the Government Code so as to achieve the goal of increasing the supply of housing in the coastal zone while also protecting coastal resources and public coastal access.
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<html:p>
(s)
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(1)
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A local agency, special district, or water corporation shall not impose any impact fee upon an urban lot split proposed pursuant to this section.
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<html:p>
(2)
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For purposes of this subdivision, “impact fee” has the same meaning as the
term “fee” is defined in subdivision (b) of Section 66000, except that it also includes fees specified in Section 66477. “Impact fee” does not include any connection fee or capacity charge charged by a local agency, special district, or water corporation.
</html:p>
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<ns0:BillSection id="id_30D2C715-B0D2-47A3-A419-AFEC2D30257D">
<ns0:Num>SEC. 5.</ns0:Num>
<ns0:Content>
<html:p>The Legislature finds and declares that Sections 2, 3, and 4 of this act amending Sections 65852.21, 65913.4, and 66411.7 of the Government Code
address a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Sections 2, 3, and 4 of this act apply to all cities, including charter cities.</html:p>
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<ns0:BillSection id="id_53B10292-52BB-4893-AF27-B4929D019D24">
<ns0:Num>SEC. 6.</ns0:Num>
<ns0:Content>
<html:p>
No reimbursement is required by this act pursuant to Section 6 of Article XIII
<html:span class="ThinSpace"/>
B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.
</html:p>
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