SB 739 California Senate · 2021-2022 Regular Session

Private golf courses: conversion to housing.

Summary
The Planning and Zoning Law, until January 1, 2026, 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. Existing law specifies that a development is consistent with the objective planning standards if there is substantial evidence that would allow a reasonable person to conclude that the development is consistent with the objective planning standards. This bill, until January 1, 2030, would authorize a development proponent to submit an application to convert land that was previously used as a golf course to market-rate and affordable housing and would provide that the application is subject to a streamlined, ministerial approval process, and not subject to a conditional use permit, if the development satisfies specified objective planning standards. In this regard, the bill would require a development subject to the provisions to be located on a site that was used as a golf course, but has been closed for at least 5 years before the effective date of these provisions and would require that the development include at least 600 housing units. The bill would require the development to dedicate at least 30% of the new housing units to lower income households and persons and families of moderate income, as specified. By requiring local governments to approve development applications submitted under these provisions, the bill would impose a state-mandated local program. The bill would require a development proponent subject to the streamlined, ministerial approval process under the bill to certify to the local government that all contractors and subcontractors performing work on the project pay prevailing wages and that all workers employed to perform work in an apprenticeable occupation in the building and construction trades comply with specified apprenticeship requirements. By requiring a development proponent to certify certain information under penalty of perjury, the bill would impose a state-mandated local program. The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA does not apply to the ministerial approval of projects. 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. 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. 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 specified reasons.
Bill status passed 3 of 5 stages cleared
Introduction
Feb 2021
Committee Review
Jun 2022
Senate Passage
Jun 2021
Assembly Passage
Governor
Introduced Feb 19, 2021 Last action Jun 20, 2022
Floor votes · Senate Jun 3, 2021

How they voted

293
Passed · 5 other
Total votes 37
Jun 3, 2021
D Democratic29
28 Yea 1
96% Yea
R Republican8
1 Yea 3 Nay 4
37% Nay
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
27
Key actions
7
Committee
6
Amendments
3
Jun 20, 2022
Committee
Re-referred to Coms. on NAT. RES. and H. & C.D. pursuant to Assembly Rule 96.
lower
Jun 13, 2022
Lower · Passed
From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR.
lower
Jul 1, 2021
Lower · Passed
From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 0.) (June 30). Re-referred to Com. on APPR.
lower
Jun 23, 2021
Lower · Passed
From committee with author's amendments. Read second time and amended. Re-referred to Com. on HUM. S.
lower
Jun 10, 2021
Committee
Referred to Com. on HUM. S.
lower
Jun 3, 2021
Upper · Passed
Read third time. Passed. (Ayes 31. Noes 4. Page 1415.) Ordered to the Assembly.
upper
May 27, 2021
Upper · Passed
Read third time and amended.
upper
May 20, 2021
Upper · Passed
From committee: Do pass. (Ayes 5. Noes 1. Page 1202.) (May 20).
upper
Apr 21, 2021
Upper · Passed
From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 1. Page 858.) (April 20). Re-referred to Com. on APPR.
upper
Mar 3, 2021
Committee
Referred to Com. on HUMAN S.
upper
Feb 19, 2021
Introduced
Introduced. To Com. on RLS. for assignment. To print.
upper
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Dave Cortese
Dave Cortese
DDemocratic
CA
15