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Article Source: CA LegInfo

Date Published: 03/09/2017 09:00 PM

AMENDED IN SENATE MARCH 09, 2017

AMENDED IN SENATE FEBRUARY 21, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSIONSENATE BILLNo. 35Introduced by Senator Wiener(Principal coauthors: Senators Allen and Atkins)

December 05, 2016

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An act to alter Breadth Sections 65400 and65582.1 of, and to add Sections 65589.9 and Section65913.4 to, the Government Code, apropos to housing.

SB 35, as amended, Wiener. Planning and Zoning: zoning: affordable housing: automated approval process.(1) The Planning and Zoning Law requires a burghal or canton to accept a accepted plan for acreage use development aural its boundaries that includes, amid added things, a apartment element. The Planning and Zoning Law requires a planning agency, afterwards a aldermanic anatomy has adopted all or allotment of a accepted plan, to accommodate an anniversary address to the aldermanic body, the Office of Planning and Research, and the Administration of Apartment and Association Development on the cachet of the accepted plan and advance in activity the community’s allotment of bounded apartment needs.This bill would crave the planning bureau to accommodate in its anniversary address authentic advice apropos units of apartment that accept completed construction. The bill would additionally crave the Administration of Apartment and Association Development to column an anniversary address submitted pursuant to the claim declared aloft on its Internet Web site, as provided.Existing

(2) Absolute law requires an absorbed apartment development to be a acceptable use, not accountable to a codicillary use permit, on any bindle benumbed for multifamily apartment if at atomic assertive percentages of the units are accessible at affordable apartment costs to actual low income, lower income, and moderate-income households for at atomic 30 years and if the activity meets authentic altitude apropos to breadth and actuality accountable to a arbitrary accommodation added than a codicillary use permit. Absolute law provides for assorted incentives advised to facilitate and accelerate the architecture of affordable housing.This bill would crave an accent abode assemblage development or a multifamily apartment development that satisfies authentic planning cold standards to be accountable to a streamlined, apostolic approval process, as provided, and to not be accountable to a codicillary use permit. The bill would accommodate that if a bounded government approves a activity pursuant to that process, that approval will not expire if that activity includes advance in apartment affordability, and would contrarily accommodate that the approval of a activity expire automatically afterwards 3 years, unless that activity qualifies for a one-time, one-year addendum of that approval.The Planning and Zoning Law requires a burghal or canton to accept a accepted plan for acreage use development aural its boundaries that includes, amid added things, a apartment element. Absolute law provides for assorted incentives advised to facilitate and accelerate the architecture of affordable housing. Absolute law requires the Administration of Apartment and Association Development to actuate absolute and projected needs for apartment for anniversary arena and, in appointment with anniversary board of governments, accept a final bounded apartment plan that allocates a allotment of the bounded apartment charge to anniversary city, county, or burghal and canton that meets authentic requirements.

This bill would crave a city, including a allotment city, and a canton or burghal and county, including a allotment burghal and county, to abide a address to the Administration of Apartment and Association Development that includes authentic advice apropos units of apartment that accept completed architecture and would crave the administration to column the advice independent in the address on its Internet Web site, as provided.

(3) The bill would accomplish allegation that ensuring admission to affordable apartment is a amount of statewide activity and acknowledge that its accoutrement would administer to all cities and counties, including a allotment city, a allotment county, or a allotment burghal and county.By

(4) By arty new duties aloft bounded agencies with account to the automated approval activity and advertisement claim declared above, this bill would appoint a state-mandated bounded program.The

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(5) The California Constitution requires the accompaniment to balance bounded agencies and academy districts for assertive costs allowable by the state. Statutory accoutrement authorize procedures for authoritative that reimbursement.This bill would accommodate that no acceding is adapted by this act for a authentic reason.

Vote: majority Appropriation: no Fiscal Committee: yes Bounded Program: yes

Breadth 65400 of the Government Code is adapted to read:

65400.

(a) Afterwards the aldermanic anatomy has adopted all or allotment of a accepted plan, the planning bureau shall do both of the following:(1) Investigate and accomplish recommendations to the aldermanic anatomy apropos reasonable and applied bureau for implementing the accepted plan or aspect of the accepted plan, so that it will serve as an able adviser for alike advance and development, canning and attention of open-space acreage and accustomed resources, and the able amount of accessible funds apropos to the capacity addressed in the accepted plan.(2) Accommodate by April 1 of anniversary year an anniversary address to the aldermanic body, the Office of Planning and Research, and the Administration of Apartment and Association Development that includes all of the following:(A) The cachet of the plan and advance in its implementation.(B) The advance in activity its allotment of bounded apartment needs bent pursuant to Breadth 65584 and bounded efforts to aish authoritative constraints to the maintenance, improvement, and development of apartment pursuant to branch (3) of subdivision (c) of Breadth 65583.The apartment aspect allocation of the anniversary report, as adapted by this paragraph, shall be able through the use of forms and definitions adopted by the Administration of Apartment and Association Development pursuant to the rulemaking accoutrement of the Authoritative Action Act (Chapter 3.5 (commencing with Breadth 11340) of Allotment 1 of Division 3 of Title 2). Above-mentioned to Afore and afterwards acceptance of the forms, the apartment aspect allocation of the anniversary address shall accommodate a breadth that describes the accomplishments taken by the bounded government appear achievement of the programs and cachet of the bounded government’s acquiescence with the deadlines in its apartment element. That address shall be advised at an anniversary accessible activity afore the aldermanic anatomy breadth associates of the accessible shall be accustomed to accommodate articulate affidavit and accounting comments.The address may accommodate the cardinal of units that accept been essentially rehabilitated, adapted from nonaffordable to affordable by acquisition, and preserved constant with the standards set alternating in branch (2) of subdivision (c) of Breadth 65583.1. The address shall certificate how the units accommodated the standards set alternating in that subdivision.(C) The amount to which its accustomed accepted plan complies with the guidelines developed and adopted pursuant to Breadth 65040.2 and the date of the aftermost afterlight to the accepted plan.(D) The cardinal of units of apartment that accept completed architecture appropriately far in the apartment aspect cycle, and the assets category, by breadth average assets category, that anniversary assemblage of apartment satisfies.(E) The Administration of Apartment and Association Development shall column a address submitted pursuant to this branch on its Internet Web armpit aural a reasonable time of accepting the report.(b) If a cloister finds, aloft a motion to that effect, that a city, county, or burghal and canton bootless to submit, aural 60 canicule of the borderline accustomed in this section, the apartment aspect allocation of the address adapted pursuant to subparagraph (B) of branch (2) of subdivision (a) that essentially complies with the requirements of this section, the cloister shall activity an adjustment or acumen acute acquiescence with this breadth aural 60 days. If the city, county, or burghal and canton fails to accede with the court’s adjustment aural 60 days, the plaintiff or appellant may move for sanctions, and the cloister may, aloft that motion, admission adapted sanctions. The cloister shall absorb administration to ensure that its adjustment or acumen is agitated out. If the cloister determines that its adjustment or acumen is not agitated out aural 60 days, the cloister may activity added orders as provided by law to ensure that the purposes and behavior of this breadth are fulfilled. This subdivision applies to affairs accomplished on or afterwards the aboriginal day of October afterward the acceptance of forms and definitions by the Administration of Apartment and Association Development pursuant to branch (2) of subdivision (a), but no eventually than six months afterward that adoption.

Breadth 65582.1 of the Government Code is adapted to read:

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65582.1.

The Legislature finds and declares that it has provided reforms and incentives to facilitate and accelerate the architecture of affordable housing. Those reforms and incentives can be begin in the afterward provisions:(a) Apartment aspect law (Article 10.6 (commencing with Breadth 65580) of Chapter 3).(b) Addendum of statute of limitations in accomplishments arduous the apartment aspect and brought in abutment of affordable apartment (subdivision (d) of Breadth 65009).(c) Restrictions on disapproval of apartment developments (Section 65589.5).(d) Priority for affordable apartment in the allocation of baptize and avenue hookups (Section 65589.7).(e) Atomic amount zoning law (Section 65913.1).(f) Anatomy benefit law (Section 65915).(g) Accent abode units (Sections 65852.150 and 65852.2).(h) By-right housing, in which assertive multifamily apartment are appointed a acceptable use (Section 65589.4).(i) No-net-loss-in zoning anatomy law attached downzonings and anatomy reductions (Section 65863).(j) Requiring bodies who sue to arrest affordable apartment to pay advocate fees (Section 65914) or column a band (Section 529.2 of the Code of Civilian Procedure).(k) Reduced time for activity on affordable apartment applications beneath the approval of development permits activity (Article 5 (commencing with Breadth 65950) of Chapter 4.5).(l) Attached moratoriums on multifamily apartment (Section 65858).(m) Prohibiting bigotry adjoin affordable apartment (Section 65008).(n) California Fair Employment and Apartment Act (Part 2.8 (commencing with Breadth 12900) of Division 3).(o) Association redevelopment law (Part 1 (commencing with Breadth 33000) of Division 24 of the Health and Safety Code, and in accurate Sections 33334.2 and 33413).(p) Streamlining apartment approvals during a apartment curtailment (Section 65913.4).

SEC. 2.Section 65589.9 is added to the Government Code, to read:65589.9.(a)On or afore April 1, 2018, and on or afore April 1 anniversary year thereafter, a city, including a allotment city, and a canton or burghal and county, including a allotment burghal and county, shall abide a address to the Administration of Apartment and Association Development that includes both of the following:

(1)The cardinal of units of apartment that accept completed architecture in the apartment aspect cycle.

(2)The assets category, including actual low income, low income, abstinent income, and aloft abstinent income, anniversary assemblage of apartment satisfies.

(b)The Administration of Apartment and Association Development shall column on its Internet Web site, aural a reasonable time afterwards accepting the information, the advice appear pursuant to subdivision (a).

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Breadth 65913.4 is added to the Government Code, to read:

65913.4.

(a) A development shall be accountable to the streamlined, apostolic approval activity provided by subdivision (b) and shall not be accountable to a codicillary use admittance if it satisfies all of the afterward cold planning standards:(1) The development is an accent abode assemblage development or a multifamily apartment development that contains two or added residential units.(2) The development is amid on a armpit that satisfies both of the following:(A) Is an burghal infill armpit as authentic by Breadth 21061.3 of the Accessible Assets Code.(B) Is a armpit benumbed for residential use or residential alloyed use development. development with at atomic two-thirds of the aboveboard footage appointed for residential use.(3) If the development contains units that are subsidized, the development appellant or development backer already has recorded, or is adapted by law to record, a acreage use brake that is:(A) Fifty-five years for subsidized units that are rented.(B) Forty-five years for subsidized units that are owned.(4) The development satisfies both of the following:(A) Is amid in a belt that, according to its aftermost anniversary assembly address to the Administration of Apartment and Association Development, completed architecture of beneath units of apartment by assets class than was adapted for the bounded apartment needs appraisal aeon for that year. advertisement period.(B) The development is accountable to a claim mandating a minimum allotment of beneath bazaar amount apartment based on either of the following:(i) The belt complete locality’s assembly address reflects that there were beneath units of aloft abstinent assets moderate-income housingconstructed than was adapted for the bounded apartment needs appraisal aeon for that year, and committed ____ the activity gluttonous approval dedicates a minimum of 10 percent of the absolute cardinal of units to beneath bazaar amount housing, apartment affordable to households authoritative beneath 80 percent of the breadth average income, unless the belt has adopted a bounded inclusionary zoning authorization that requires that greater than ____ 10 percent of the units be committed to beneath bazaar amount housing, apartment affordable to households authoritative beneath 80 percent of the breadth average income, in which case that inclusionary zoning authorization applies.(ii) The belt complete locality’s latest assembly address reflects that there were beneath units of actual low, low-, or moderate-income apartment affordable to households authoritative beneath 80 percent of the breadth average assets complete than was adapted for the bounded apartment needs appraisal aeon for that year, and committed ____ percent the activity gluttonous approval dedicates the majority of the absolute cardinal of units to beneath bazaar amount housing, apartment affordable to households authoritative beneath 80 percent of the breadth average income, unless the belt has adopted a bounded inclusionary zoning authorization that requires that greater than ____ percent the majority of the units be committed to beneath bazaar amount housing, apartment affordable to households authoritative beneath 80 percent of the breadth average income, in which case that inclusionary zoning authorization applies.(5) The development is constant with cold zoning standards and cold architecture analysis standards in aftereffect at the time that the development is submitted to the bounded government pursuant to this section. For purposes of this paragraph, “objective zoning standards” and “objective architecture analysis standards” beggarly standards that absorb no claimed or abstract acumen by a accessible official.(6) The development is not amid on a armpit that is any of the following:(A) A littoral zone, as authentic in Division 20 (commencing with Breadth 30000) of the Accessible Assets Code.(B) Either prime farmland or farmland of statewide importance, as authentic pursuant to United States Administration of Agriculture acreage account and ecology criteria, as adapted for California, and appointed on the maps able by the Farmland Mapping and Ecology Affairs of the Administration of Conservation.(C) Wetlands, as authentic in Breadth 328.3 of Title 33 of the Code of Federal Regulations.(D) Aural a actual aerial blaze hazard severity zone, as bent by the Administration of Forestry and Blaze Protection pursuant to Breadth 51178, or aural a aerial or actual aerial blaze hazard severity breadth as adumbrated on maps adopted by the Administration of Forestry and Blaze Protection pursuant to Breadth 4202 of the Accessible Assets Code. This subparagraph does not administer to sites afar from the authentic hazard zones by a bounded agency, pursuant to subdivision (b) of Breadth 51179, or sites that accept adopted acceptable blaze hazard acknowledgment measures as may be bent by their bounded bureau with acreage use authority.(E) A chancy decay armpit that is listed pursuant to Breadth 65962.5 or a chancy decay armpit appointed by the Administration of Toxic Substances Ascendancy pursuant to Breadth 25356 of the Health and Safety Code, unless the Administration of Toxic Substances Ascendancy has austere the armpit for residential use or residential alloyed uses.(F) Aural a delineated convulsion accountability breadth as bent by the Accompaniment Geologist in any official maps appear by the Accompaniment Geologist.(G) Aural a flood apparent as bent by maps promulgated by the Federal Emergency Management Agency, unless the development has been issued a flood apparent development admittance pursuant to Allotment 59 (commencing with Breadth 59.1) and Allotment 60 (commencing with Breadth 60.1) of Subchapter B of Chapter I of Title 44 of the Code of Federal Regulations.(H) Aural a floodway as bent by maps promulgated by the Federal Emergency Management Agency, unless the development has accustomed a no acceleration acceptance in accordance with branch (3) of subdivision (d) of Breadth 60.3 of Title 44 of the Code of Federal Regulations.(7) The development does not crave the annihilation of either of the following:(A) Apartment that is accountable to hire control, apartment that is accountable to accomplishment restrictions, or any apartment that has been active by association aural the accomplished 10 years.(B) A celebrated anatomy that was placed on a national, state, or bounded celebrated annals above-mentioned to afore December 31, 2016.(8)It is the absorbed of the Legislature to alter this breadth to accountable the development to acknowledged allowance requirements.

(8) The development backer has certified that either of the afterward is true:(A) The activity is a accessible assignment for purposes of Chapter 1 (commencing with Breadth 1720) of Allotment 7 of Division 2 of the Activity Code.(B) If the activity is not a accessible work, that all architecture workers active in the beheading of the activity will be paid at atomic the accepted prevailing amount of per diem accomplishment for the blazon of assignment and geographic area, as bent by the Director of Industrial Relations pursuant to Sections 1773 and 1773.9 of the Activity Code. If the development is accountable to this subparagraph, again all of the afterward shall apply:(i) The development backer shall ensure that the prevailing allowance claim is included in all affairs for the achievement of the work.(ii) Contractors and subcontractors shall pay to all architecture workers active in the beheading of the assignment at atomic the accepted prevailing amount of per diem wages.(iii) Except as provided in article (iv), the obligation of the contractors and subcontractors to pay prevailing accomplishment may be activated by the Activity Commissioner through the arising of a civilian allowance and amends appraisal pursuant to Breadth 1741 of the Activity Code, which may be advised pursuant to Breadth 1742 of the Activity Code, aural 18 months afterwards the achievement of the project, or by an underpaid artisan through an authoritative complaint or civilian action. If a civilian allowance and amends appraisal is issued, the contractor, subcontractor, and aggressiveness on a band or bonds issued to defended the acquittal of accomplishment covered by the appraisal shall be accountable for asleep amercement pursuant to Breadth 1742.1 of the Activity Code.(iv) Article (iii) shall not administer if all contractors and subcontractors assuming assignment on the activity are accountable to a activity activity acceding that requires the acquittal of prevailing accomplishment to all architecture workers active in the beheading of the activity and provides for administration of that obligation through an adjudication procedure. For purposes of this clause, “project activity agreement” has the aforementioned acceptation as set alternating in branch (1) of subdivision (b) of Breadth 2500 of the Accessible Contract Code.(v) Notwithstanding subdivision (c) of Breadth 1773.1 of the Activity Code, the claim that employer payments not abate the obligation to pay the alternate beeline time or overtime accomplishment begin to be prevailing shall not administer if contrarily provided in a bona fide aggregate acceding acceding accoutrement the worker. The requirements of branch (2) of subdivision (c) of Breadth 1773.1 of the Activity Code do not avert use of an another workweek agenda adopted pursuant to Breadth 511 or 514 of the Activity Code.(b) (1) If the city, including a allotment city, or the canton or burghal and county, including a allotment burghal and county, a bounded government determines that a development submitted pursuant to this breadth is in battle with any of the cold planning standards authentic in subdivision (a), it shall accommodate the development backer accounting affidavit of which accepted or standards the development conflicts with, and an account for the acumen or affidavit the development conflicts with that accepted or standards, as follows:(A) Aural 60 canicule of appointment of the development to the bounded government pursuant to this breadth if the development contains 150 or beneath apartment units.(B) Aural 90 canicule of appointment of the development to the bounded government pursuant to this breadth if the development contains added than 150 apartment units.(2) If the city, including a allotment city, or the canton or burghal and county, including a allotment burghal and county, bounded government fails to accommodate the adapted affidavit pursuant to branch (1), the development shall be accounted to amuse the cold planning standards authentic in subdivision (a).(c) Any architecture analysis of the development may be conducted by the bounded government’s authoritative anatomy for architecture review, including a planning administration or burghal council, and shall be completed as follows and shall not in any way inhibit, chill, or avert the apostolic approval provided by this breadth or its effect, as applicable:(1) Aural 90 canicule of appointment of the development to the bounded government pursuant to this breadth if the development contains 150 or beneath apartment units.(2) Aural 180 canicule of appointment of the development to the bounded government pursuant to this breadth if the development contains added than 150 apartment units.(d) A development accustomed pursuant to this sectionthat is amid aural one-quarter mile of a above alteration stop shall not be accountable to any bounded or accompaniment parking minimum requirements. For purposes of this subdivision, “major alteration stop” has the aforementioned acceptation as authentic in Breadth 21064.3 of the Accessible Assets Code.(e) (1) If a bounded government approves a development pursuant to this section, that approval shall not expire if the activity includes accessible advance in apartment affordability, above tax credits, breadth the majority of the units are affordable to households authoritative beneath 80 percent of the breadth average income.(2) If a bounded government approves a development pursuant to this breadth and the activity does not accommodate a majority of the units affordable to households authoritative beneath 80 percent of the breadth average income, that approval shall automatically expire afterwards three years except that a activity may accept a one-time, one-year addendum if the activity backer can accommodate affidavit that there has been cogent advance against accepting the development architecture ready.(f) For purposes of this section, “locality” or “local government” bureau a city, including a allotment city, a county, or a burghal and county, including a allotment burghal and county.(g) For purposes of this section, “production report” bureau the advice appear pursuant to subparagraph (D) of branch (2) of subdivision (a) of Breadth 65400.

The Legislature finds and declares that ensuring admission to affordable apartment is a amount of statewide concern, and not a borough affair. Therefore, the changes fabricated by this act are applicative to a allotment city, a allotment county, and a allotment burghal and county.

Anniversary accouterment of this admeasurement is a actual and basic allotment of this measure, and the accoutrement of this admeasurement are not severable. If any accouterment of this admeasurement or its appliance is captivated invalid, this absolute admeasurement shall be absent and void.

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No acceding is adapted by this act pursuant to Breadth 6 of Article XIII B of the California Constitution because a bounded bureau or academy commune has the ascendancy to burden account charges, fees, or assessments acceptable to pay for the affairs or akin of account allowable by this act, aural the acceptation of Breadth 17556 of the Government Code.

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