Housing.
Summary
(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. (3) Existing law requires a developer of a supportive housing development to, among other things, provide the planning agency of a local government with a plan for providing supportive services, with specified documentation demonstrating that supportive services will be provided onsite to residents in the project, as specified. Existing law specifies that these provisions relating to supportive housing are not intended to preclude or limit the ability of a developer to seek a density bonus from the local government, as specified. This bill would additionally specify that these provisions are not intended to preclude or limit the ability of a developer to seek a density bonus pursuant to any local program that offers additional density or other development bonuses when affordable housing is provided. (4) Existing law authorizes a local agency to require, as part of the application for a permit to create an accessory dwelling unit connected to an onsite water treatment system, a percolation test completed within the last 5 years, or, if the percolation test has been recertified, within the last 10 years. This bill would instead specify that the percolation test, described above, may be required as part of the application for a permit to create an accessory dwelling unit connected to an onsite wastewater treatment system. 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. By increasing the duties of local agencies with respect to land use regulations, this bill would impose a state-mandated local program. (5) Existing law, the State Housing Law, a violation of which is a crime, establishes statewide construction and occupancy standards for buildings used for human habitation. Existing law authorizes the owner of an accessory dwelling unit built before January 1, 2020, or built on or after January 1, 2020, under specified circumstances, that receives a notice to correct violations or abate nuisances to submit an application to the enforcement agency requesting that enforcement of the violation be delayed for 5 years on the basis that correcting the violation is not necessary to protect health and safety. Existing law requires the enforcement agency to approve the application if the enforcement agency determines that correcting the violation is not necessary to protect health and safety, subject to specified requirements. This bill would make a nonsubstantive correction to that requirement. (6) Existing law requires an applicant for a housing development project, as defined, to be deemed to have submitted a preliminary application upon providing all of specified information about the proposed project to the city, county, or city and county from which approval for the project is being sought and upon payment of the permit processing fee. After submittal of the required information, if the development proponent revises the project such that the number of residential units or square footage of construction changes by 20% or more, exclusive of any increase resulting from the receipt of a density bonus, incentive, concession, waiver, or similar provisions, the housing development project is no longer deemed to have submitted a preliminary application until the development proponent resubmits the required information so that it reflects the revisions. This bill would include within the exception to resubmission requirement any other locally authorized program that offers additional density or other development bonuses when affordable housing is provided. (7) Existing law creates in each community, as defined, a public body, corporate and politic, known as the community development commission, but prohibits a commission from transacting business or exercising any powers unless the legislative body of the community declares by ordinance that there is a need for the commission to function in the community, as provided. Existing law authorizes the legislative body to declare itself to be the commission. Existing law authorizes a legislative body that has so declared to create by ordinance a community development committee of not more than 7 members, or not more than 9 members under certain circumstances. This bill would increase the number of members that may serve on a community development committee created in the County of Los Angeles to 9 or 11 members, as applicable. This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Los Angeles. (8) Existing law, known as the No Place Like Home Program, requires the Department of Housing and Community Development to award $2,000,000,000 among counties to finance capital costs, including, but not limited to, acquisition, design, construction, rehabilitation, or preservation, and to capitalize operating reserves, of permanent supportive housing for the target population, as specified. Existing law establishes and continuously appropriates the No Place Like Home Fund for purposes of the program. Existing law requires that $1,800,000,000 of the moneys available under the program be awarded by a competitive program in 4 rounds, based on specified criteria, as provided. Existing law requires that funds provided under the competitive program be offered as deferred payment loans to finance capital costs, including acquisition, design, construction, rehabilitation, or preservation, and to capitalize operating reserves of, permanent supportive housing for the target population. Existing law authorizes the department to distribute the remaining $200,000,000 available under the No Place Like Home Program on an "over-the-counter" basis to all counties within the state in an amount proportionate to the number of homeless persons residing within each county, calculated as specified, or $500,000, whichever is greater. This bill would authorize funds provided both under the competitive program and on an over-the-counter basis, as described above, to be offered as grants for the capitalized operating subsidy reserve, as specified by the department in its guidelines, for permanent supportive housing for the target population. By expanding the purposes for which moneys in a continuously appropriated fund may be used, the bill would make an appropriation. The No Place Like Home Program was ratified and amended by the No Place Like Home Act of 2018, approved by the voters as Proposition 2 at the November 6, 2018, statewide general election. Existing law authorizes the Legislature to amend Proposition 2 by a 23 vote, so long as the amendment is consistent with and furthers the intent of that measure. The bill would state the finding of the Legislature that these provisions are consistent with, and further the intent of, the No Place Like Home Act. (9) This bill would also make technical and conforming changes. (10) This bill would incorporate additional changes to Section 54221 of the Government Code proposed by SB 9 to be operative only if this bill and SB 9 are enacted and this bill is enacted last. (11) This bill would incorporate additional changes to Section 65583.2 of the Government Code proposed by AB 725 to be operative only if this bill and AB 725 are enacted and this bill is enacted last. (12) This bill would incorporate additional changes to Section 65852.2 of the Government Code proposed by AB 3182 to be operative only if this bill and AB 3182 are enacted and this bill is enacted last. (13) This bill would incorporate additional changes to Section 65941.1 of the Government Code proposed by AB 168 to be operative only if this bill and AB 168 are enacted and this bill is enacted last. (14) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. (15) This bill would declare that it is to take effect immediately as an urgency statute.
Bill status
signed
all 5 stages cleared
Introduction
Feb 2020
Committee Review
Aug 2020
Senate Passage
Aug 2020
Assembly Passage
Aug 2020
Signed into Law
Sep 2020
Introduced Feb 14, 2020
Signed Sep 25, 2020
Floor votes · Senate Jun 11, 2020 · Assembly Aug 31, 2020
How they voted
34–0
Passed · 1 other
Total votes 35
Jun 11, 2020
D
Democratic26
96% Yea
R
Republican9
100% Yea
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
31
Key actions
12
Committee
7
Amendments
4
Sep 25, 2020
Signed into law
Approved by the Governor.
legislature
Aug 31, 2020
Upper · Passed
Assembly amendments concurred in. (Ayes 39. Noes 0.) Ordered to engrossing and enrolling.
upper
Aug 31, 2020
Upper · Passed
Urgency clause adopted.
upper
Aug 31, 2020
Introduced
In Senate. Concurrence in Assembly amendments pending.
upper
Aug 31, 2020
Lower · Passed
Read third time. Urgency clause adopted. Passed. (Ayes 76. Noes 0. Page 5413.) Ordered to the Senate.
lower
Aug 27, 2020
Lower · Passed
Read third time and amended.
lower
Aug 25, 2020
Lower · Passed
Read third time and amended.
lower
Aug 11, 2020
Lower · Passed
From committee: Do pass. Ordered to consent calendar. (Ayes 17. Noes 0.) (August 11).
lower
Jul 30, 2020
Lower · Passed
From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 8. Noes 0.) (July 29).
lower
Jul 28, 2020
Lower · Passed
July 28 hearing postponed by committee.
lower
Jun 18, 2020
Committee
Referred to Com. on H. & C.D.
lower
Jun 11, 2020
Upper · Passed
Read third time. Passed. (Ayes 39. Noes 0. Page 3678.) Ordered to the Assembly.
upper
Jun 9, 2020
Upper · Passed
From committee: Do pass. (Ayes 7. Noes 0. Page 3663.) (June 9).
upper
May 26, 2020
Upper · Passed
From committee: Do pass and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 10. Noes 0. Page 3595.) (May 26). Re-referred to Com. on APPR.
upper
Feb 27, 2020
Committee
Referred to Com. on HOUSING.
upper
Feb 14, 2020
Introduced
Introduced. Read first time. To Com. on RLS. for assignment. To print.
upper
0 primary · 0 co-sponsors
Sponsors
No sponsor information available.
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