The Planning and Zoning Law, among other things, provides for the creation of junior accessory dwelling units by local ordinance, or, if a local agency has not adopted an ordinance, by ministerial approval, in accordance with specified standards and conditions. Existing law requires an ordinance that provides for the creation of a junior accessory dwelling unit to, among other things, require owner-occupancy in the single-family residence in which the junior accessory dwelling unit is permitted. Under this bill, that owner-occupancy requirement would apply only if the junior accessory dwelling unit has shared sanitation facilities with the existing structure. The bill would require an ordinance that provides for the creation of a junior accessory dwelling unit to require that a rental of a junior accessory dwelling unit be for a term longer than 30 days. By imposing new duties on local governments with respect to the approval of junior accessory dwelling units, the bill would impose a state-mandated local program. 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.
Existing law, the Planning and Zoning Law, requires each city, county, or city and county to prepare and adopt a general plan for its jurisdiction that contains certain mandatory elements, including a housing element. Under existing law, a part of the housing element is an assessment of housing needs, which includes the locality's share of the regional housing need. Under existing law, the appropriate council of governments, or for cities and counties without a council of governments, the Department of Housing and Community Development, adopts a final regional housing need plan that allocates a share of the regional housing need to each locality in the region. Existing law authorizes a local government to conduct a review or appeal regarding allocation data provided by the department or the council of governments regarding, among other things, the locality's share of the regional housing need. This bill would authorize a local government within the same county as a tribe to enter into a voluntary agreement with a tribe to allow new tribal housing development projects to count toward the locality's share of the regional housing needs allocation, as specified. The bill would prohibit a local government from requiring a tribe to waive sovereign immunity in order to enter into a voluntary agreement pursuant to these provisions. The bill would define various terms for these provisions. The bill would state the intent of the Legislature that the Department of Housing and Community Development be encouraged to approve units in a tribal housing development as counting toward the locality's regional housing needs allocation, as specified. 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.
Existing law establishes a low-income housing tax credit program pursuant to which the California Tax Credit Allocation Committee (CTCAC) provides procedures and requirements for the allocation, in modified conformity with federal law, of state insurance, personal income, and corporation tax credit amounts to qualified low-income housing projects that have been allocated, or qualify for, a federal low-income housing tax credit, and farmworker housing. Existing law limits the total annual amount of the state low-income housing credit for which a federal low-income housing credit is required, as specified. That law authorizes a taxpayer to make an election in its application to the CTCAC to sell all or any portion of any credit allowed. This bill would instead authorize a taxpayer to make that election in the manner prescribed by the CTCAC, as provided.
(1) The Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 governs the procedures for the formation and change of organization of cities and special districts and establishes a local agency formation commission in each county consisting of members appointed as provided. The act expresses the intent of the Legislature that each local agency formation commission, by January 1, 2002, establish written policies and procedures and exercise its powers in a way that encourages and provides planned, well-ordered, efficient urban development patterns, as specified. The act requires these written policies and procedures to include forms to be used for various submittals to the commission, as provided. The act requires each commission to provide access to notices and other information to the public on an internet website, as specified, including notice of all public hearings and commission meetings. This bill would require that each local agency formation commission establish the written policies and procedures described above. The bill would require that the written policies and procedures include any forms necessary for a complete application to the commission concerning a proposed change of organization or reorganization. The bill would require each commission to provide access to its written policies and procedures to the public, including any forms necessary for a complete application for a change of organization or reorganization, through its internet website. (2) The Permit Streamlining Act, among other things, requires a public agency to compile a list of the information required from an applicant for a development project, as provided. This bill would require a public agency, for each type of approval issued in connection with a housing development project, as defined, to publish online the above-described list, including the criteria that the public agency will apply in order to determine the completeness of the development application and the name of the type of approval, as provided. (3) By increasing the duties of local agency formation commissions in establishing and publishing written policies and procedures and of local planning officials in reviewing permit applications for housing development projects, this bill would impose a state-mandated local program. 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.
Existing law requires cities, counties, and continuums of care receiving state funding to address homelessness on or after January 1, 2024, to include families, people fleeing or attempting to flee domestic violence, and unaccompanied women within the vulnerable populations for whom specific system supports are developed to maintain homeless services and housing delivery. Existing law also requires the cities, counties, and continuums of care to develop analyses and goals with victim service providers to address the specific needs of the above-described population with data measures not included within the Homeless Management Information System, in accordance with federal policies and specified guidelines. Existing law requires the Interagency Council on Homelessness to set and measure progress on goals to prevent and end homelessness among domestic violence survivors and their children and among unaccompanied women in California. This bill would specifically include women with children in the populations described above. The bill would require the cities, counties, and continuums of care developing the analyses and goals described above to the Interagency Council on Homelessness. The bill would require the Interagency Council on Homelessness to post the analyses and goals on its website. By imposing new duties on cities and counties, this bill would impose a state-mandated local program. 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
(1) Existing law, the Davis-Stirling Common Interest Development Act, governs the management and operation of common interest developments. Existing law makes 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, as specified, void and unenforceable. If the governing documents require association approval before a member may make a physical change to the member's separate interest or to the common area, existing law requires an association to satisfy specified requirements, including to provide a fair, reasonable, and expeditious procedure for making its decision in reviewing and approving or disapproving a proposed physical change, as described above. This bill would make any covenant, restriction, or condition contained in any deed, contract, security instrument, or other instrument, and any provision of a governing document, void and unenforceable to the extent that it prohibits, or includes conditions that have the effect of prohibiting, a substantially similar reconstruction of a residential structure, as specified, that was destroyed or damaged in a disaster, as defined. The bill would require a court to award reasonable attorney's fees to the owner of a separate interest in a common interest development who prevails in an action to enforce the above-described provisions. This bill would require any covenant, restriction, or condition contained in any deed, contract, security instrument, or other instrument, and any provision of a governing document that subjects a substantially similar reconstruction of a residential structure that was destroyed or damaged in a disaster to review by a body to be processed and approved, as specified. The bill would defined various terms for these purposes. The bill would require the body to, among other things, determine whether an application is complete or incomplete and to provide written notice of this determination to the applicant no later than 30 calendar days after the body receives the application. Once an application is deemed complete, the bill would require the body to conduct any review of the proposed modification to the separate interest within 45 calendar days, as specified. If a body finds that a complete application is noncompliant, the bill would require the body to provide the applicant with a list of items that are noncompliant and a description of how the application can be remedied by the applicant, as described. If an application is determined to be incomplete or noncompliant, the bill would require the body to provide a process for the applicant to appeal that decision, as specified. The bill would require a court to award reasonable attorney's fees to the applicant who prevails in an action to enforce the above-described provisions. (2) Existing law, the Planning and Zoning Law, authorizes a development proponent to submit an application for a development that is subject to a specified streamlined, ministerial approval process if the development satisfies certain objective planning standards and certain procedures are followed, including that the proponent of the development project requires in contracts with construction contractors that specified standards will be met in project construction, as specified. Existing law requires the proponent of the development project to make a specified certification that certain labor standards will be met and requires the prime contractor to provide an affidavit under penalty of perjury, as specified. This bill would authorize a housing development proponent to submit an application for a housing development that is subject to a specified streamlined, ministerial approval process if the housing development satisfies certain objective standards, including that the housing development is located on a parcel on which a residential structure was destroyed or damaged in a disaster. The bill would require a local government to approve the development within 90 days of the submittal of the development if the local government's planning director or equivalent position determines that the development is consistent with specified objective planning standards. If the development is determined to be in conflict with those standards, the bill would require the local government staff or relevant local planning and permitting department that made the determination to 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 specified. By mandating a higher level of service on local agencies, this bill would impose a state-mandated local program. The bill would provide that an ordinance that precludes specified placements and uses of manufactured homes, mobilehomes, or recreational vehicles for use during the reconstruction or repair of any home damaged or destroyed in a disaster is unenforceable for a period of 3 years following the disaster declaration. The bill would require the housing development proponent to comply with certain labor standards, including that the housing development proponent will comply with the above-described labor standards, including the requirements that the development proponent make the specified certification and that the prime contractor provide an affidavit under penalty of perjury. By imposing certification and penalty of perjury requirements, this bill would expand the crime of perjury, thereby imposing a state-mandated local program. (3) Existing law, 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 determines that the project would not have that effect, as provided. CEQA does not apply to the approval of ministerial projects. This bill would provide that its streamlined, ministerial approval process for a housing development, as described above, offers an optional streamlined, ministerial approval process and does not affect the availability, applicability, or use of any other exemption from CEQA. To the extent that the streamlined, ministerial review process established by the bill would apply to the approval of a housing development that would otherwise be discretionary, the bill would expand the exemption for the ministerial approval of projects under CEQA. (4) 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. (5) 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.
(1) Existing law, known as the Housing Crisis Act of 2019, among other things, prohibits an affected city or an affected county, as defined, from approving a housing development project that will require the demolition of occupied or vacant protected units, as defined, or that is located on a site where protected units were demolished in the previous 5 years unless specified requirements are met. Among these requirements, existing law requires that the project replace all existing protected units and protected units demolished on or after January 1, 2020, and, if the project is a housing development project, as defined, it will include at least as many residential dwelling units as the greatest number of residential dwelling units that existed on the project site within the last 5 years. Existing law requires that specified protected units replaced under these provisions be considered in determining whether the housing development project satisfies certain state and local requirements that the project provide a certain percentage of residential rental units affordable to, and occupied by, households with incomes that do not exceed the limits for moderate-income, lower income, very low income, or extremely low income households, as specified. This bill would additionally require that the above-described replaced protected units be considered in determining whether the housing development project satisfies requirements that the project provide a certain percentage of residential rental units affordable to, and occupied by, households with incomes that do not exceed the limits for acutely low income households, as specified. This bill, notwithstanding the above-described requirements, in the case of rehabilitation or replacement of an existing single-room occupancy building that meets prescribed criteria, would permit an affected city or an affected county to reduce the number of replacement units required if the project meets specified requirements, including, among others, that the reduction in replacement units is necessary to accommodate the conversion of single-room occupancy units, as provided, and that the converted units will be rental units with affordable rents, as specified. The bill would include specified findings declaring legislative intent with respect to these provisions. The bill would permit a borrower to conduct a market study to support the unit sizes proposed in the replacement housing plan, as provided. (2) Existing law establishes the Department of Housing and Community Development and requires it to administer various programs intended to promote the development of housing, including, among others, the Multifamily Housing Program, pursuant to which the department provides financial assistance in the form of deferred payment loans to pay for the eligible costs of development of specified types of housing projects. Existing law sets forth various general powers of the department in implementing these programs, including authorizing the department to enter into long-term contracts or agreements of up to 30 years for the purpose of servicing loans or grants or enforcing regulatory agreements or other security documents. This bill, for purposes of determining eligibility for an individual displaced from or returning to a single-room occupancy unit undergoing rehabilitation or a replacement unit that received funds from the department and is for a homeless individual or family, would (A) specify that an individual is deemed homeless if they meet certain criteria and (B) prohibit an individual or family meeting these criteria from being subject to a requirement that the unit be filled through a referral from a coordinated entry system, as defined, or a similar referral system.
Existing law requires a city or county to prepare and adopt a general plan for its jurisdiction that contains certain mandatory elements, including a housing element. Existing law requires the housing element to identify adequate sites for housing, including rental housing, factory-built housing, mobilehomes, and emergency shelters, among other things. Existing law requires the housing element to contain an assessment of housing needs and an inventory of resources and constraints relevant to the meeting of these needs, including by identifying one or more zoning designations that allow residential uses, including mixed uses, where emergency shelters are allowed as a permitted use without a conditional use or other discretionary permit and that are suitable for residential uses. Existing law requires an emergency shelter to include other interim interventions, including, but not limited to, a navigation center, bridge housing, and respite or recuperative care. This bill would additionally require an emergency shelter to include all services provided onsite, including the addition or expansion of services that are consistent with certain written, objective standards. By imposing a higher level of service on cities and counties in preparing and adopting a general plan, this bill would impose a state-mandated local program. Existing law requires the Department of Housing and Community Development to administer the Emergency Housing and Assistance Program. Under the program, moneys from the continuously appropriated Emergency Housing and Assistance Fund are available for the purposes of providing shelter, as specified, to homeless persons at as low of a cost and as quickly as possible, without compromising the health and safety of shelter occupants, to encourage the move of homeless persons from shelters to a self-supporting environment as soon as possible, to encourage provision of services for as many persons at risk of homelessness as possible, to encourage compatible and effective funding of homeless services, and to encourage coordination among public agencies that fund or provide services to homeless individuals, as well as agencies that discharge people from their institutions. Existing law defines "emergency shelter" to mean, in part, housing with minimal supportive services for homeless persons that is limited to occupancy of 6 months or less by a homeless person. This bill would modify that definition to mean housing with supportive services for homeless persons that is limited to occupancy of 6 months or less by a homeless person. This bill would incorporate additional changes to Section 65583 of the Government Code proposed by AB 610 and AB 650, to be operative only if this bill and either or both of those bills are enacted and this bill is enacted last. 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
(1) Existing law requires certain transportation planning agencies to prepare and adopt regional transportation plans directed at achieving a coordinated and balanced regional transportation system. Existing law requires each regional transportation plan to include a sustainable communities strategy prepared by each metropolitan planning organization in order to, among other things, identify areas within the region sufficient to house all the population of the region, including all economic segments of the population, over the course of the planning period of the regional transportation plan taking into account net migration into the region, population growth, household formation, and employment growth. This bill would require the sustainable communities strategy, in identifying areas within the region sufficient to house all the population of the region, to also take into account changes in enrollment levels at institutions of public higher education, as defined. By imposing additional duties on metropolitan planning organizations, the bill would impose a state-mandated local program. (2) Existing law requires each county and city to adopt a comprehensive, long-term general plan for the physical development of the county or city, which includes, among other mandatory elements, a housing element. Existing law requires, for the 4th and subsequent revision of the housing element, the Department of Housing and Community Development to determine the existing and projected need for housing for each region in a specified manner. Existing law requires the department to meet and consult with the council of governments regarding the assumptions and methodologies to be used to determine each region's housing needs and requires the council of governments to provide data assumptions from the council of governments' projections, including specified data for the region, if available. As part of that requirement, existing law directs the council of governments to provide data assumptions regarding anticipated household growth associated with projected population increases. This bill would require the Department of Finance to consider changes in enrollment levels at campuses of the University of California or the California State University in the region, as forecasted by the University of California and California State University pursuant to the provisions described below, when preparing the anticipated household growth associated with projected population increases. Existing law requires each council of governments or delegate subregion, as applicable, to develop a proposed methodology for distributing the existing and projected regional housing need to cities, counties, and cities and counties within the region or within the subregion, as provided. Existing law requires, to the extent that sufficient data is available, each council of governments or delegate subregion, as applicable, in developing the methodology, to consider including several specified factors, including the housing needs generated by the presence of a private university or a campus of the California State University or the University of California within any member jurisdiction. This bill would require each council of governments or delegate subregion, as applicable, in developing the proposed methodology, to also consider including the distribution of students of the above-described universities among jurisdictions within the region, and for a campus of the California State University or the University of California, the optimization of transit, pedestrian, and other nonvehicle trip efficiency by students to the campus, including off-campus facilities. The bill would request the Regents of the University of California, and require the Trustees of the California State University, to provide, no more than 6 months before the development of the proposed methodology for the 7th and each subsequent housing element cycle, except as specified, to each council of governments a forecast of changes in enrollment levels at its campuses, including off-campus facilities, within the region based on specified factors and to provide, upon request, trip and travel data. By imposing additional duties on councils of government, the bill would impose a state-mandated local program. (3) CEQA requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report (EIR) on a project that the lead agency 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 also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. Existing law makes the selection of a location for a particular campus of public higher education and the approval of a long-range development plan subject to CEQA and requires preparation of an EIR. Existing law provides that enrollment or changes in enrollment, by themselves, do not constitute a project for purposes of CEQA. CEQA regulations require an EIR to describe a range of reasonable alternatives to the project, or to the location of the project, including a "no project" alternative analysis for the purpose of allowing decisionmakers to compare the impacts of approving the proposed project with the impacts of not approving the proposed project. This bill would specify that the University of California and the California State University are not required to conduct a "no project" alternative analysis in an EIR, a supplemental EIR, or an addendum for a development project, for which the University of California or the California State University, respectively, is the lead agency, if specified conditions are met, including that the University of California or the California State University, respectively, has provided the forecast of changes in enrollment levels for purposes of developing the most recent methodology pursuant to the above-described provisions. (4) This bill would incorporate additional changes to Section 65584.01 of the Government Code proposed by SB 233, AB 650, and AB 1275 to be operative only if this bill and one, two, or all of the other bills are enacted and this bill is enacted last. This bill would also incorporate additional changes to Section 65584.04 of the Government Code proposed by AB 650 and AB 1275 to be operative only if this bill and one or both of the other bills are enacted and this bill is enacted last. (5) 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 with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law establishes the Encampment Resolution Funding program, administered by the Department of Housing and Community Development, to, upon appropriation of the Legislature, increase collaboration between the department, local jurisdictions, and continuums of care for, among other things, providing encampment resolution grants to local jurisdictions and continuums of care to resolve critical encampment concerns and transition individuals into safe and stable housing. Existing law authorizes a continuum of care or a local jurisdiction to submit a specified application to the department for a program grant. Existing law, for additional rounds moneys, defined as moneys appropriated for the program in or after the 2021–22 fiscal year, requires that an applicant submit an application for a program grant that includes a description of how the applicant intends to use the funds to connect all individuals living in encampments to services and housing, among other things. This bill would, as part of this description, additionally require the applicant to include specified information about safe parking sites, when the application includes operating safe parking sites while locating interim or permanent housing for people experiencing homelessness living in vehicles or recreational vehicles. Existing law requires grant recipients to report specified data to their local Homeless Management Information System and as required by the department. Existing law requires the department to evaluate the data and outcomes reported by recipients to assess efficacy of programs and identify scalable best practices for encampment resolution that can be replicated across the state. Existing law requires the department to report to the chairs of the relevant fiscal and policy committees of the Legislature on the outcomes, learnings, and best practices models identified through the program. Existing law requires a recipient of program funding appropriated in the 2024–25 and 2025–26 fiscal years to submit to the department a final report of certain data elements no later than April 1 of the year following the expiration of the encumbrance period of funds, as provided. Existing law requires the department to submit an annual report to the Governor and both houses of the Legislature on the operations and accomplishments during the previous fiscal year of the housing programs administered by the department, as specified. This bill would remove the requirement that the department report to the chairs of the relevant fiscal and policy committees of the Legislature. The bill would require the department to report in the annual report to the Governor and both houses of the Legislature a summary of the data elements required in the final report submitted by recipients of program funding appropriated in the 2024–25 and 2025–26 fiscal years, as provided. The bill would require the department to evaluate the data and outcomes reported by the department in the annual report, instead of reported by recipients, to assess efficacy to assess the efficacy of programs and identify scalable best practices for encampment resolution that can be replicated across the state.
