BUILDERS REMEDY

SB 828, Wiener. Land use: housing element. 

(1) The Planning and Zoning Law requires a city or county to adopt a general plan for its jurisdiction that contains certain mandatory elements, including a housing element. Existing law requires a planning agency to submit a draft of the housing emptions from the council’s projections, including, if available, specified data factors for the region, including, data relating to the percentage of renter’s households that are overcrowded and vacancy rates for healthy housing market functioning and regional mobility. Existing law requires the department, after consulting with the council of governments, to determine, in writing, the data assumptions for each of the data factors provided, as well as the methodology the department will use. This bill would additionally require the council of governments to provide data on the overcrowding rate for a comparable housing market, and would define the vacancy rate for a healthy rental housing market for those purposes to be no less than 5%. 

Existing law, to the extent that sufficient data is available as provided, requires each council of governments, or delegate subregion as applicable, to include specified factors to develop the methodology that allocates regional housing needs including, among other factors, the opportunities and constraints regarding development of addition housing in each member jurisdiction, such as lands preserved or protected from urban development under existing federal or state programs, or both, designed to protect open space, farmland, environmental habitats, and natural resources on a long-term basis. This bill would revise this factor to also include lands zoned or designated for agricultural protection or preservation that are subject to a local ballot measure that was approved by the voters of that jurisdiction that prohibits or restricts their conversion to nonagricultural uses. (4) By expanding the duties of local governments relating to the housing element program and the final regional housing need plan, this bill would impose a state-mandated local program.

(1) The Planning and Zoning Law requires a city or county to adopt a comprehensive, long-term general plan for the physical development of the city or county and specified lands outside its boundaries that includes, among other things, a housing element. That law requires the planning agency of a city or county to provide by April 1 of each year an annual report to the legislative body of the city or county, the Office of Planning and Research, and the Department of Housing and Community Development that includes, among other specified information, the status of the general plan and progress in its implementation. This bill would additionally require that this annual report include information on the progress of the city or county in adopting or amending its general plan or local open-space element in compliance with its obligations to consult with California Native American tribes, and to identify and protect, preserve, and mitigate impacts to specified places, features, and objects, pursuant to specified law. ( , (A) a requirement that the development not be located on specified sites, including those within a coastal zone, very high fire hazard severity zone, delineated earthquake fault zone, or special flood hazard area, and sites designated as prime farmland, wetlands, or a habitat for a protected species, and (B) a requirement that the development be 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.   

CEQA exempts from its requirements certain residential, employment center, and mixed-use development projects meeting specified criteria, including that the project is located in a transit priority area and that the project is undertaken and is consistent with a specific plan for which an environmental impact report has been certified.

This bill would additionally exempt those projects located in a very low vehicle travel area, as defined. 

CEQA exempts from its requirements agricultural employee housing projects, affordable housing projects, and housing projects on infill sites that meet certain requirements, including, among others, the site is not located within the boundaries of a state conservancy. 

This bill would allow the location of agricultural employee housing projects, affordable housing projects, and housing projects on infill sites to be located within the boundaries of a state conservancy in order to be exempt. The bill would revise and recast the areas in which those exempt projects cannot be located, as provided. 

This bill instead would require that the location of a residential project on an infill site be no more than 5 acres. The bill would additionally exempt those residential projects located in a very low vehicle travel area, as defined.

Lead Authors: Committee on Housing (S) - (Senators Wiener (Chair), Bates, Caballero, Durazo, McGuire, Moorlach, Morrell, Roth, Skinner, Umberg, and Wieckowski)  SB 1030, Committee on Housing. Housing. (1) Existing law requires each county and each city to make a central inventory of all surplus land, as defined, and certain lands in excess of its foreseeable needs, identified as provided, on or before December 31 of each year and to make a description of each parcel and its present use a matter of public record. Existing law requires each county and each city to provide a list of its surplus land and excess land to, among other entities, a citizen upon request and without charge. This bill would revise this provision to instead require a county or city to provide a list of surplus land and excess land to an individual upon request and without charge. (2) The Housing Accountability Act, among other things, prohibits a local agency from disapproving a housing development project that complies with applicable, objective general plan, zoning, and subdivision standards and criteria in effect at the time the application was deemed complete, unless the local agency bases its decision on written findings supported by the preponderance of the evidence on the record that specified conditions exist, as provided. The act defines “deemed complete” for these purposes to mean that the applicant has submitted a preliminary application, as specified. That act also prohibits a local agency from disapproving, or from conditioning approval in a manner that renders infeasible, a housing development project for very low, low-, or moderate-income households or an emergency shelter unless the local agency makes written findings, based on the preponderance of the evidence, that one or more specified conditions exist. This bill would revise the definition of “deemed complete” to include the submission of a completed application if the applicant has not submitted a preliminary application. The Housing Accountability Act authorizes specified persons to bring an action to enforce its provisions. If the court finds that one of 3 specified conditions is met, the act requires the court to issue an order or judgment compelling compliance with the act within 60 days, as provided. Upon a determination that the local agency has failed to comply with the order or judgment within 60 days, the act authorizes the court to impose specified fines. Existing law generally requires the local agency to deposit the fine in a local housing trust fund, but authorizes the local agency to elect to instead deposit the fine in the Building Homes and Jobs Trust Fund, if SB 2 of the 2017–18 Regular Session was enacted, or otherwise in the Housing Rehabilitation Loan Fund. This bill would delete references to the Housing Rehabilitation Loan Fund in the Housing Accountability Act. The bill would also make various technical changes to the act. 

Planning and zoning: housing development: higher education institutions and religious institutions.  Sponsors Sen. Scott Wiener [D] Sen. Anna Caballero [D] higher education or religious institution that partners with a qualified developer on any land owned in fee simple by the applicant on or before January 1, 2020, if the development satisfies specified criteria. The bill would define various terms for these purposes. Among other things, the bill would require that 100% of the units, exclusive of manager units, in a housing development project eligible for approval as a use by right under these provisions be affordable to lower income households, except that 20% of the units may be for moderate-incomehouseholds. households, provided that all the units are provided at affordable rent or affordable housing cost, as specified. This bill would specify that a housing development project that is eligible for approval as a use by right under the bill is also eligible for a density bonus or other incentives or concessions, except as specified. The bill would require a development subject to these provisions to provide off-street parking of up to one space per unit, unless a local ordinance provides for a lower standard of parking, in which case the ordinance applies. The bill would prohibit a local government from imposing any parking requirement on a development subject to these provisions if the development is located within one-half mile walking distance of a high-quality transit corridor or major transit stop, as those terms are defined, and within one block of a car share vehicle. This bill, by requiring approval of certain development projects as a use by right, would expand the exemption for ministerial approval of projects under CEQA.  

Existing law provides for various incentives intended to facilitate and expedite the construction of affordable housing, including the Density Bonus Law, which requires, when an applicant proposes a housing development within the jurisdiction of a local government, that the city, county, or city and county provide the developer with a density bonus and other incentives or concessions for the production of lower income housing units or for the donation of land within the development if the developer, among other things, agrees to construct a specified percentage of units for very low, low-, or moderate-income households or qualifying residents. This bill would prohibit a local agency from requiring the replacement of religious-use parking spaces that a developer of a religious institution affiliated housing development project proposes to eliminate as part of that housing development project. The bill would prohibit the number of religious-use parking spaces requested to be eliminated from exceeding 50% of the number that are available at the time the request is made. The bill would prohibit a local agency from requiring the curing of any preexisting deficit of the number of religious-use parking spaces as a condition of approval of a religious institution affiliated housing development project. The bill would require a local agency to allow the number of religious-use parking spaces that will be available after completion of a religious institution affiliated housing development project to count toward the number of parking spaces otherwise required for approval.

The bill would prohibit a local agency from denying a housing development project proposed by a religious institution, or a developer working with a religious institution, solely on the basis that the project will reduce the total number of parking spaces available at the place of worship provided that the total reduction does not exceed 50% of existing parking spaces. The bill would authorize a local agency to require up to one parking space per unit for a religious institution affiliated housing development project. The bill would include findings that the 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.  

ABSTRACT The Planning and Zoning Law requires a city or county to adopt a general plan for land use development within its boundaries that includes, among other things, a housing element. Existing law requires an attached housing development to be a permitted use, not subject to a conditional use permit, on any parcel zoned for multifamily housing if at least certain percentages of the units are available at affordable housing costs to very low income, lower income, and moderate-income households for at least 30 years and if the project meets specified conditions relating to location and being subject to a discretionary decision other than a conditional use permit. Existing law provides for various incentives intended to facilitate and expedite the construction of affordable housing.  This bill would, notwithstanding any local restrictions on adopting zoning ordinances, authorize a local government to adopt an ordinance to zone any parcel for up to 10 units of residential density per parcel, at a height specified in the ordinance, if the parcel is located in a transit-rich area or an urban infill site, as those terms are defined. The bill would prohibit a local government from adopting an ordinance pursuant to these provisions on or after January 1, 2029. The bill would specify that an ordinance adopted under these provisions, and any resolution to amend the jurisdiction's General Plan, ordinance, or other local regulation adopted to be consistent with that ordinance, is not a project for purposes of the California Environmental Quality Act. The bill would prohibit an ordinance adopted under these provisions from superceding a local restriction enacted or approved by a local initiative that designates publicly owned land as open-space land or for park or recreational purposes.  The bill would impose specified requirements on a zoning ordinance adopted under these provisions, including a requirement that the zoning ordinance clearly demarcate the areas that are subject to the ordinance and that the legislative body make a finding that the ordinance is consistent with the city or county's obligation to affirmatively further fair housing. The bill would require an ordinance to be adopted by a 23 vote of the members of the legislative body if the ordinance supersedes any zoning restriction established by local initiative.  The bill would prohibit an ordinance adopted under these provisions from reducing the density of any parcel subject to the ordinance and would prohibit a legislative body from subsequently reducing the density of any parcel subject to the ordinance. The bill would prohibit a residential or mixed-use residential project consisting of 10 or more units that is located on a parcel zoned pursuant to these provisions from being approved ministerially or by right or from being exempt from the California Environmental Quality Act, except as specified.  This 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.  BILL SPONSORS (6)

(1) The Planning and Zoning Law requires the legislative body of a city or county to adopt a comprehensive, long-term general plan that includes various elements, including, among others, a housing element and a safety element for the protection of the community from unreasonable risks associated with the effects of various geologic and seismic hazards, flooding, and wildland and urban fires. Existing law requires the housing element to be revised according to a specific schedule. Existing law requires the planning agency to review and, if necessary, revise the safety element upon each revision of the housing element or local hazard mitigation plan, but not less than once every 8 years to identify new information relating to flood and fire hazards and climate adaptation and resiliency strategies applicable to the city or county that was not available during the previous revision of the safety element. Existing law requires that the Office of Planning and Research, among other things, coordinate with appropriate entities, including state, regional, or local agencies, to establish a clearinghouse for climate adaptation information for use by state, regional, and local entities, as provided. 

This bill would require the safety element, upon the next revision of the housing element or the hazard mitigation plan, on or after June 1, 2022, whichever occurs first, to be reviewed and updated as necessary to include a comprehensive retrofit strategy to reduce the risk of property loss and damage during wildfires, as specified, and would require the planning agency to submit the adopted strategy to the Office of Planning and Research for inclusion into the above-described clearinghouse. The bill would also require the planning agency to review and, if necessary, revise the safety element upon each revision of the housing element or local hazard mitigation plan, but not less than once every 8 years, to identify new information relating to retrofit updates applicable to the city or county that was not available during the previous revision of the safety element. By increasing the duties of local officials, this bill would create a state-mandated local program. (2) Existing law requires the general plan to include a land use element that designates the proposed general distribution and general location and extent of the uses of the land for, among other purposes, housing, business, and industry. Existing law additionally requires the general plan to include a housing element and requires each local government to review and revise its housing element, as specified. 

This bill would require a city or county that contains a very high fire risk area, as defined, upon each revision of the housing element on or after June 1, 2022, to amend the land use element of its general plan to contain, among other things, the locations of all very high fire risk areas within the city or county and feasible implementation measures designed to carry out specified goals, objectives, and policies relating to the protection of lives and property from unreasonable risk of wildfire. The bill would require the city or county to complete a review of, and make findings related to, wildfire risk reduction standards, as defined, upon each subsequent revision of the housing element, as provided. The bill would require the State Board of Forestry and Fire Protection to review the findings and make recommendations, as provided. The bill would additionally require the Office of the State Fire Marshal, in consultation with the Office of Planning and Research and the Board of Forestry and Fire Protection, by January 1, 2023, to adopt wildfire risk reduction standards that meet certain requirements and reasonable standards for third-party inspection and certifications for a specified enforcement program. The bill would also require the Office of the State Fire Marshal to, by January 1, 2024, update the maps of the very high fire hazard severity zones, as specified. The bill would require the Office of the State Fire Marshal to convene a working group of stakeholders, as specified, to assist in this effort and to consider specified national standards. Existing law requires county or city zoning ordinances to be consistent with the general plan of the county or city, as specified. 

This bill would require a city or county that contains a very high fire risk area, within 12 months following the amendment of the city or county’s land use element, to adopt a very high fire risk overlay zone or otherwise amend its zoning ordinance so that it is consistent with the general plan, as specified. This bill would additionally prohibit the legislative body of a city or county that contains a very high fire risk area, upon the effective date of the revision of the city or county’s land use element, from entering into a development agreement for property that is located within a very high fire risk area, approving specified discretionary permits or other discretionary entitlements for projects located within a very high fire risk area, or approving a tentative map or a parcel map for which a tentative map was not required for a subdivision that is located within a very high fire risk area, unless the city or county makes specified findings based on substantial evidence in the record. 

work toward    https://www.gibsondunn.com/california-governor-newsom-signs-three-important-new-bills-into-law-impacting-residential-zoning-and-development/   Statewide Housing Plan  DENSITY BONUS LAWS   https://www.planningreport.com/2021/08/25/what-s-not-sb-9-10-california-state-housing-bills-now-pending SB 9/10 

https://legiscan.com/CA/text/AB2371/id/2199774 Climate change mitigation 2020 AB 2371, as amended, Friedman. Climate change: Office of Planning and Research: science advisory team: climate adaptation and hazard mitigation.