Existing law, the Planning and Zoning Law, requires each county and each city to adopt a comprehensive, long-term general plan for the physical development of the county or city, and specified land outside its boundaries, that includes, among other specified mandatory elements, a housing element. That law requires the Department of Housing and Community Development, in consultation with each council of governments, to determine the existing and projected need for housing in each region and further requires the appropriate council of governments, or the department for cities and counties without a council of governments, to adopt a final regional housing need plan that allocates a share of the regional housing need to each city, county, or city and county, as provided. Existing law establishes the Local Government Planning Support Grants Program, administered by the department, for the purpose of providing regions and jurisdictions with one-time funding, including grants for planning activities to enable jurisdictions to meet the sixth cycle of the regional housing need assessment, as provided. This bill would establish the Regional Early Action Planning Fund in the State Treasury for the purpose of providing councils of governments, regional entities, and jurisdictions with one-time funding, including grants for planning activities, to enable those entities to meet the 7th and subsequent cycles of the regional housing need assessment. The bill would require the department to allocate funds, upon appropriation by the Legislature, from the Regional Early Action Planning Fund to each council of governments or regional entity responsible for allocating regional housing need that applies and qualifies for those moneys, as specified. The bill would authorize a council of governments or regional entity to expend funds awarded for certain purposes, including for activities that support the development, improvement, or implementation of the methodology for the 7th and subsequent regional housing needs assessment cycles, and for providing jurisdictions with technical assistance, planning, temporary staffing, or consultant needs associated with updating local planning and zoning documents, as provided. The bill would require a jurisdiction that receives a suballocation of funds to only use that suballocation for housing-related planning activities, as provided. The bill would authorize the department to monitor expenditures and activities of an applicant, as the department deems necessary, to ensure compliance with program requirements. The bill would require each recipient of funds under the program to expend those funds no later than 3 years from the date of award of those funds, subject to an extension by the department. Existing law, the Administrative Procedure Act, sets forth the requirements for the adoption, publication, review, and implementation of regulations, including emergency regulations, by state agencies. This bill would require the department, in collaboration with stakeholders, to adopt emergency regulations to implement the above-described provisions. The bill would also make those emergency regulations effective until nonemergency regulations implementing the above-described provisions become effective.
(1) Existing law, the California Factory-Built Housing Law, generally regulates the design, manufacture, and installation of factory-built housing and defines terms for its purposes. The law authorizes the Department of Housing and Community Development, among other things, to regulate quality assurance agencies to perform inspections of factory-built housing manufacturers. The law requires a local enforcement agency, among other things, to enforce and inspect the installation of factory-built housing. The law provides that any person who violates any of its provisions and other specified law is guilty of a misdemeanor, as specified. This bill would revise these provisions, among other things, to authorize a quality assurance agency to also perform an installation inspection of factory-built housing, at the choice of a first user, after the department adopts regulations regarding the requirements for a quality assurance agency to perform these inspections. The bill would require the department to adopt those regulations by January 1, 2029. The bill would set the maximum fees that a local enforcement agency is authorized to impose for the inspection or permitting of factory-built housing, and prohibit a local enforcement agency from imposing fees under certain circumstances. The bill would prohibit a quality assurance agency or a local enforcement agency from disassembling, damaging, or destroying factory-built housing while inspecting the installation. The bill would make conforming changes and define terms for its purposes. By increasing the duties of local officials, and by expanding the scope of a crime, this bill would impose a state-mandated local program. (2) 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. (3) 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 provides for the establishment of district agricultural associations and authorizes a district agricultural association to engage in various activities, including to purchase, acquire, hold, sell, exchange, or convey any interest in real property with the approval of the Department of General Services. This bill would specify that the above-described authorization includes the construction and maintenance of affordable housing, as defined, and the construction and maintenance of housing affordable for persons and families of low or moderate income, as defined. Existing law authorizes a district agricultural association, with the approval of the Department of General Services, to lease for the use of its real property, or any portion of that property, to any person or public body for whatever purpose approved by the board of directors of the association, including the construction and maintenance of housing affordable to persons and families of low or moderate income, as defined, and limits a lease to not more than 55 years. This bill would specify that the above-described authorization includes the construction and maintenance of affordable housing, as defined, and would increase the maximum duration of a lease to not more than 99 years. This bill would require an affordable housing development constructed or maintained on real property purchased, acquired, held, sold, exchanged, conveyed, or leased by a district to have a recorded deed restriction that ensures, for a period of at least 55 years, that 100% of the units, except as specified, are dedicated to persons and families of low or moderate income, as defined, at an affordable rent, as defined. Existing law prohibits the Department of Housing and Community Development from making grants or loans pursuant to the Joe Serna, Jr. Farmworker Housing Grant Program on or after January 1, 2020, for the purpose of funding predevelopment of developing or operating any housing that is rented, sold, or subleased to certain entities who employ at least one H-2A worker until the expiration of a regulatory agreement or affordability covenant, as applicable. Existing law requires a person or entity who receives a grant or loan under that grant program on or after January 1, 2020, and expends any of those funds for housing that is rented, sold, or subleased to those certain entities until the expiration of the regulatory agreement or affordability covenant, as applicable, to reimburse the department, as specified. Existing law also prohibits state funding from being provided to an employer or its agent who employs at least one H-2A worker for the purposes of funding predevelopment of, developing, or operating any housing, and requires an employer or other recipient of state funding who uses state funding for those purposes to reimburse the state or state agency, as provided. This bill would expressly specify that those prohibitions and requirements apply to the authorized district agricultural association transactions and construction and maintenance actions described above and to funds, state subsidies allocated, and real property purchased, acquired, held, sold, exchanged, or conveyed by a district agricultural association, as specified. Existing law provides that any violation of the Food and Agricultural Code is a misdemeanor, except as otherwise specified. By creating a new crime, 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.
(1) Existing law establishes the Department of Housing and Community Development (the department) and requires it to administer various programs intended to promote the development of housing, including mobilehome parks, as defined. Existing law, the Planning and Zoning Law, requires, before the conversion of a mobilehome park to another use, except as specified, or before closure of a mobilehome park or cessation of use of the land as a mobilehome park, the person or entity proposing the change in use to file a report on the impact of the conversion, closure, or cessation of use of the mobilehome park. Existing law requires the impact report to include a replacement and relocation plan that adequately mitigates the impact upon the ability of the displaced residents of the mobilehome park to find adequate housing in a mobilehome park. Existing law requires the report, if a closure, cessation, or change of use is the result of damage or destruction of the mobilehome park by a disaster, as defined, to include a technical service inspection report from the department that identifies the observed conditions within the park. Existing law, the Mobilehome Residency Law, governs the terms and conditions of residency in mobilehome parks. Existing law requires management, as defined, of a mobilehome park to offer the previous homeowner a right of first refusal to a renewed tenancy in the park if the park is destroyed due to a wildfire or other natural disaster and management elects to rebuild the park in the same location. Existing law, when a mobilehome tenancy is terminated due to damage or the destruction of the mobilehome park or any space as a result of a disaster, as defined, requires management to return to the homeowner any advance rental payments received from the homeowner that cover any period of time after the date of the termination, and discharges the homeowner's obligation to pay rent during any period that a homeowner is unable to occupy their mobilehome or mobilehome space due to a mandatory evacuation order pursuant to a disaster. This bill would require management to make a good faith effort to provide written status updates once per week for the first 4 weeks after a park is damaged by a disaster, resulting in one or more mobilehome units being rendered inaccessible to an existing mobilehome resident, and monthly thereafter until each displaced resident is allowed to return to occupying their mobilehome site or the mobilehome park receives final approval of a change of use, cessation of use, or closure, to the displaced residents of the park, as provided. The bill would prohibit management from restricting a resident of the park from accessing their mobilehome or mobilehome site during regular business hours to collect belongings or inspect damage to their mobilehome on any date later than 7 days after evacuation orders are officially lifted or downgraded by the local governing authority to resident-access only and would require any waiver of liability distributed by management to be limited to immunity for harm resulting from the resident accessing the mobilehome, mobilehome site, or mobilehome park. This bill would require management, before initiating or while pursuing a change of use, cessation of use, or closure related to damage or destruction of the mobilehome park by a disaster, to at least reasonably evaluate the known and estimated costs for rebuilding and reopening the park and identify all potential resources from a list maintained by the department. The bill would require the department to maintain a list of mobilehome-related programs and opportunities that could support rehabilitation or rebuilding of a mobilehome park affected by a disaster declaration and require the department to make the list available on the department's internet website. The bill would require management to submit documentation demonstrating completion of those evaluations and investigations to the department, the local jurisdiction in which the park is situated, and the residents of the mobilehome park, and would prohibit the department and that local jurisdiction from issuing or amending specified approvals and permits to management until that documentation has been submitted. By placing new requirements on local jurisdictions in which mobilehome parks are situated, this bill would impose a state-mandated local program. This bill would authorize a jurisdiction with enforcement power to require debris removal and specified testing if a mobilehome park is damaged or destroyed in a disaster resulting in one or more mobilehome units being rendered inaccessible to an existing mobilehome resident, as provided. The bill would authorize a resident organization, a displaced resident of the mobilehome park, or a public attorney, as specified, to bring an action against management that willfully violates these provisions, as provided. (2) The Planning and Zoning Law requires a legislative body, or its delegated advisory agency, before the approval of any change of use of the mobilehome park, to review the report and any additional relevant documentation and make specified findings regarding the effect on housing opportunities within the local jurisdiction. The bill would additionally provide that before the approval of any change of use the legislative body shall review documentation compliance with the specified evaluations and investigations required by the bill, and that management shall not receive approval of any change of use by the legislative body if management fails to submit that documentation. The Planning and Zoning Law also requires a legislative body, or its delegated advisory agency, before the approval of any change of use of the mobilehome park, to make a finding as to whether or not approval of the park closure and the park's conversion into its intended new use will result in or materially contribute to a shortage of housing opportunities and choices for low- and moderate-income households within the local jurisdiction. This bill would also require that finding to consider the costs of closure or conversion to the residents of the park for which closure or conversion is sought. By placing new requirements on local legislative bodies when approving a change of use for mobilehome parks, this bill would impose a state-mandated local program. (3) 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. (4) 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.
Existing law authorizes the legislative body of a city or a county to establish an enhanced infrastructure financing district to finance public capital facilities or other specified projects of communitywide significance, including the acquisition, construction, or rehabilitation of housing for persons of very low, low, and moderate income. Existing law authorizes the City and County of San Francisco to establish a downtown revitalization and economic recovery financing district for the purpose of financing commercial-to-residential conversion projects with incremental tax revenues generated by commercial-to-residential conversion projects within the district. Existing law requires the City and County of San Francisco to establish a board for the district at the same time that it adopts the resolution of intention to form the district, and requires the district to prepare a downtown revitalization financing plan (financing plan) that includes specified information and requirements, including that the first distribution of incremental tax revenues distributed back to a commercial-to-residential conversion project commence with the fiscal year that begins after the project is issued a certificate of occupancy. Existing law, among other things, requires a district to establish a process for eligible commercial-to-residential conversion projects identified in the financing plan to opt into receiving incremental tax revenue generated by the respective project. Existing law specifies that the commercial-to-residential conversion projects that opt in to receive incremental tax revenue are public works for which prevailing wages are required to be paid, as specified, and requires the commercial-to-residential conversion projects that opt in to receiving incremental tax revenue to comply with labor standards adopted by the Board of Supervisors of the City and County of San Francisco, as provided. This bill would additionally authorize any city, county, or city and county, except the City and County of San Francisco, to establish a downtown revitalization and economic recovery financing district for the purpose of financing specified commercial-to-residential conversion projects with incremental tax revenues generated by commercial-to-residential conversion projects within the district. The bill would require the district to meet the requirements imposed on the City and County of San Francisco when establishing a downtown revitalization and economic recovery financing district described above and would modify the required components of the district's proposed financing plan, as provided. The bill would make various conforming changes to the above-described provisions in this regard and would also make technical changes. This bill would further specify that, for purposes of the preparation of a financing plan, if the city, county, or city and county does not issue certificates of occupancy, the first distribution of incremental tax revenue to a commercial-to-residential conversion project shall be made with the fiscal year that begins after the project completes a final inspection. The bill would remove the requirement that commercial-to-residential conversion projects that opt in to receive incremental tax revenue comply with labor standards adopted by the Board of Supervisors of the City and County of San Francisco and would instead subject such projects to specified labor standards. Existing law requires a certain portion of any ad valorem property tax revenue annually allocated to the local government that is specified in the adopted financing plan, as described, to be allocated to and, when collected, apportioned to a special fund of the district for all lawful purposes of the district. Existing law also requires those revenues to be allocated and apportioned to the local government when the district ceases to exist pursuant to the financing plan. This bill would remove those provisions.
Existing law establishes the Infill Infrastructure Grant Program of 2019 (program) , which requires the Department of Housing and Community Development, upon appropriation of funds by the Legislature, to establish and administer a grant program to allocate those funds to eligible applicants to fund capital improvement projects that are an integral part of, or necessary to facilitate the development of, a qualifying infill project, qualifying infill area, or catalytic qualifying infill area. Existing law requires the department to administer a specified competitive application process for capital improvement projects for large jurisdictions, as defined. For these purposes, existing law defines a qualifying infill project to include a residential or mixed-use residential project located within an urbanized area on a vacant site where at least 75% of the perimeter of the site adjoins parcels that are developed with urban uses. This bill would expand the definition of qualifying infill project to include a residential or mixed-use residential project located within an urbanized area on a vacant site where at least 75% of the perimeter of the site adjoins parcels that have been previously developed with urban uses. Existing law requires the department to administer an over-the-counter application process for grants for capital improvement projects for small jurisdictions, as provided. For these purposes, existing law defines the term "qualifying infill area" as a contiguous area located within an urbanized area that meets one of specified alternative conditions, including that the capital improvement project for which funding is requested is necessary, as specified, to make the area suitable and available for residential development or to allow the area to accommodate housing for additional income levels, and that the area may be included on an inventory of land in the housing element, as specified. This bill would expand the definition of "qualifying infill area" to additionally include a contiguous area located within an urbanized area for which the capital improvement project for which funding is requested under the program, as described above, is necessary and integral to make the area suitable and available for residential development pursuant to the Affordable Housing and High Road Jobs Act of 2022, which subjects a housing development to streamlined, ministerial approval under certain circumstances, as specified. Existing law requires the department, in its review of applications, to rank affected qualifying infill areas and catalytic qualifying infill areas based on specified criteria, including the qualifying infill area's or catalytic qualifying infill area's inclusion of, or proximity to, a train station or major transit stop and the proximity of housing to existing or planned parks, employment or retail centers, schools, or social services. This bill would revise these provisions to require the department to additionally rank applications, as described above, based on the qualifying infill area's inclusion of, or proximity or accessibility to on-demand transit services, as specified, or walkability to essential services or businesses and based on the catalytic qualifying infill area's inclusion of, or proximity or accessibility to walkability to essential services or businesses. The bill would additionally revise these provisions to require the department's ranking to be based on the proximity of housing to services, rather than social services. Existing law requires a qualifying infill project, qualifying infill area, or catalytic qualifying infill area for which a capital improvement project grant can be awarded under the program to meet specified conditions, including, among others, being located in an area designated for mixed-use or residential development, as specified. This bill would additionally allow the project to be located in an area that allows for mixed-use or residential development pursuant to a housing development that is in compliance with certain provisions deeming a housing development an allowable use or subject to streamlined, ministerial approval. Existing law defines various terms for the purposes of the program, including, "capital improvement project," "catalytic qualifying infill area," "eligible applicant," "urbanized area," and "urban uses." This bill would revise these definitions. The bill would additionally define the terms "on-demand transit service," "major transit stop," and "walkability."
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 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. Under existing law, the Transit-Oriented Development Implementation Program is administered by the Department of Housing and Community Development to provide local assistance to developers for the purpose of developing higher density uses within close proximity to transit stations as provided. Existing law, establishes the Transit-Oriented Development Implementation Fund and, to the extent funds are available, requires the department to make loans for the development and construction of housing development projects within close proximity to a transit station that meet specified criteria. This bill would authorize a project, to the extent that the project is required to mitigate transportation impacts under CEQA, to satisfy the mitigation requirement by electing to contribute an amount of money, at a price per vehicle mile traveled, as determined by the Office of Land Use and Climate Innovation, to the Transit-Oriented Development Implementation Fund for the purposes of the Transit-Oriented Development Implementation Program, as provided. The bill would require the office, on or before July 1, 2029, and at least once every 3 years thereafter, to update the price per vehicle mile traveled based on specified factors. The bill would require, upon appropriation by the Legislature, the contributions to be available to the department to fund developments located in the same region, as defined, with preference given to specified projects. The bill would require the department to, for each award, confirm the estimated reduction in vehicle miles traveled, as provided, and would require the department to post specified information on its internet website.
Existing law, the Mobilehome Residency Law, prescribes various terms and conditions of tenancies in mobilehome parks. The law deems the substantial failure of the management of a mobilehome park, as defined, to provide and maintain physical improvements in the common facilities in good working order and condition, and the substantial violation of a mobilehome park rule, to be a public nuisance that may be remedied only by a civil action or abatement, as specified. The law authorizes a civil action for purposes of that provision to be brought by, among others, the Attorney General. Existing law establishes within the Department of Housing and Community Development the Mobilehome Residency Law Protection Program, which authorizes additional enforcement measures for violations of the Mobilehome Residency Law. Existing law requires the department to refer any alleged violations of law or regulations within the department's jurisdiction to the Division of Codes and Standards within the department, and to refer any alleged violations of law or regulations that are not within the jurisdiction of the department, as specified, to the appropriate enforcement agency. This bill would require the department to additionally refer alleged violations of the Mobilehome Residency Law, certain laws relating to the conversion or closure of a mobilehome park, and related local government ordinances to a nonprofit legal services provider within 5 days of receipt. Existing law authorizes the department to refer alleged violations of law or regulations that are not within the jurisdiction of the department, including, but not limited to, rent disputes, criminal activity, or alleged discrimination, to the appropriate enforcement agency. This bill would authorize the department to also refer alleged violations of a local ordinance to the appropriate enforcement agency. Existing law requires the department to contract with one or more qualified and experienced nonprofit legal services providers for purposes of the Mobilehome Residency Law Protection Program and to refer complaints to those providers for possible enforcement action. Existing law establishes minimum requirements for nonprofit legal services providers that may contract with the department for these purposes. This bill would instead require the department to develop a grant process to distribute funds to those nonprofit legal services providers and to refer program complaints to those providers for possible enforcement action. The bill would require that grant process to be fully developed and operational for program complaints by July 1, 2029. The bill would require nonprofit legal services providers, in order to receive a grant, to meet the same requirements applicable to a provider contracting with the department under existing law. The bill would specify that these provisions do not interfere with or replace any existing contracts or commitments between the department and any legal services provider entered into before the grant program is operational. Existing law creates the Mobilehome Dispute Resolution Fund, as specified, and requires moneys in the fund to be available, upon appropriation by the Legislature, for purposes of implementing the program. This bill would require moneys in the fund to be made available to the department or to the Attorney General, upon appropriation by the Legislature, for purposes of implementing the program. The bill would require the Attorney General to use funds appropriated to it as necessary to perform duties related to enforcing the alleged violations described above. Existing law requires the department to submit an annual report to the Governor and the Legislature outlining, among other things, the amount of registration fees collected and the amount expended on the program. This bill would additionally require the department to include the amount expended by the Attorney General, as specified, and the number of complaint allegations referred to the Attorney General, as specified, in the annual report. Existing law repeals the above-described provisions relating to the Mobilehome Residency Law Protection Program on January 1, 2027. This bill would extend that repeal date to June 30, 2033.
The Budget Act of 2018 appropriated $50,000,000 to the Board of State and Community Corrections for a grant program, known as the Adult Reentry Grant Program, for the purpose of awarding competitive grants to community based organizations to support offenders formerly incarcerated in state prison. The Budget Act of 2018 allocated a specified amount of those funds for, among other things, rental assistance, rehabilitation of existing property or buildings, and to support the warm hand-off and reentry of offenders transitioning from prison to communities. Subsequent budget acts have continued to fund the program. This bill, instead, commencing July 1, 2026, and upon appropriation of funds, would transfer the administration of the grant program to the Department of Housing and Community Development. The bill would require the department, on or before December 1, 2026, to modify the grant program to provide 5-year renewable grants to geographically diverse regional administrators responsible for funding permanent supportive housing and reentry services for eligible people, as specified. The bill would require the department to issue proposed guidelines or a draft notice, as specified, establishing the grant program and require the department to competitively score applicants applying for grant funds as regional administrators. The bill would require the department to work collaboratively with the State Department of Health Care Services, Department of Corrections and Rehabilitation, and homeless continuums of care, and seek to work collaboratively with county probation departments, to establish a process for referrals of people eligible to participate in the program, as specified. The bill would also require the department to establish specified benchmarks to promote and track ideal outcomes from the program. This bill would require the department to distribute program funds by executing contracts with awarded regional administrators and would impose certain requirements on those regional administrators. The bill would prescribe eligibility requirements for a person scheduled for release from, or who has been be formerly incarcerated in, state prison, to participate in the program. The bill would require program funds to be used for specified purposes, including specified administrative fees, permanent housing, rental and operating subsidies, incentives to landlords, and voluntary multidisciplinary services, as specified. The bill would require the department, upon implementation of the program, to design an evaluation and hire an independent evaluator to assess outcomes from the program, and would require the evaluation to be submitted to specified committees of the Legislature. This bill would require the board to continue to oversee and administer existing program grants that have not yet expired, using resources allocated to the board through funds allocated by the Budget Act of 2025. This bill would require the Department of Corrections and Rehabilitation to establish a process to engage an individual scheduled for discharge, within at least 210 days of the scheduled release date, for the purpose of assessing the individual's risk of homelessness upon discharge, as specified.
Existing law, the Planning and Zoning Law, among other things, provides for the creation by ordinance, or by ministerial approval if the local agency has not adopted an ordinance, of an accessory dwelling unit (ADU) or a junior accessory dwelling unit (JADU) in accordance with specified standards and conditions. Existing law defines the term "junior accessory dwelling unit" for these purposes to mean a unit that is no more than 500 square feet in size and contained entirely within a single-family structure. This bill would revise the definition of a "junior accessory dwelling unit" to require the size of a JADU to be no more than 500 square feet of interior livable space. Existing law makes certain declarations of the Legislature's intent regarding the effect of an ADU ordinance. Existing law authorizes the Department of Housing and Community Development to review, adopt, amend, or repeal guidelines to implement uniform standards or criteria that supplement or clarify the terms, references, and standards for an ADU. This bill would revise the above-described declaration of legislative intent to additionally apply with respect to a JADU ordinance. The bill would also expand the department's authority to review, adopt, amend, or repeal guidelines to additionally grant that authority with respect to terms, references, and standards for JADUs. Existing law requires a local agency to submit an ADU ordinance to the Department of Housing and Community Development within 60 days after the adoption for department review, as specified. Under existing law, the standards applicable to an ADU under these provisions supersede a conflicting local ordinance, except as specified. This bill would similarly require a local agency to submit a JADU ordinance to the department within 60 days after adoption for department review and would require the department to notify the local agency if the ordinance is noncompliant with JADU ordinance requirements, as specified. The bill would nullify and void that ordinance if the local agency fails to submit a copy of that ordinance or respond to the department's findings that the ordinance is noncompliant, as specified. The bill would also specify that the standards applicable to a JADU supersede any conflicting local ordinance, except as specified. Existing law requires a local agency to consider ministerially a permit application for an ADU or a JADU within 60 days, as specified. If a local agency has not adopted an ADU ordinance, existing law requires a permit application for an ADU to be considered pursuant to this ministerial approval provision. Existing law prohibits a local ordinance, policy, or regulation, other than an ADU ordinance consistent with the laws governing approvals of ADUs, from being the basis for the delay or denial of a building permit or a use permit under this ministerial approval provision. If a local agency has not adopted a JADU ordinance, this bill would additionally require a permit application for a JADU to be considered pursuant to this ministerial approval provision, and would prohibit a local ordinance, policy, or regulation, other than a JADU ordinance consistent with the laws governing approvals of JADUs, from being the basis for the delay or denial of a building permit or a use permit under this ministerial approval provision. This bill would additionally require a permitting agency to determine whether an application for ADU or JADU is complete and provide written notice of the determination not later than 15 business days after the permitting agency received the application. If the permitting agency determines that an application is incomplete, the bill would require the permitting agency to provide the applicant with a list of incomplete items and a description of how the application can be made complete in the written notice and authorize the applicant to cure and address the application, as specified. The bill would require the permitting agency, if a permit application is determined to be incomplete or is denied, to provide a process for the applicant to appeal that decision, as provided, and would require the permitting agency to provide a final written determination by not later than 60 business days after receipt of the written appeal. Existing law imposes limits on construction, connection, and impact fees and capacity charges imposed on an ADU, including prohibiting impact fees upon the development of an ADU based on if the ADU is 750 square feet and requiring that any impact fee on an ADU of 750 square feet or more be charged proportionately in relation to the square footage of the primary dwelling unit. Existing law prohibits a local agency, special district, or water corporation from requiring the applicant to install a new or separate utility connection between an ADU and the utility or imposing a related connection fee or capacity charge for specified ADUs, except as specified. This bill would revise these provisions to additionally apply to construction, connection, and impact fees and capacity charges imposed on a JADU. The bill would revise the above-described limitation on impact fees to, instead, prohibit impact fees upon the development of an ADU that has 750 square feet of interior livable space or less or JADU that has 500 square feet of interior livable space or less, and to require that any impact fee on an ADU that has more than 750 square feet of interior livable space be charged proportionately in relation to the square footage of the primary dwelling unit. Existing law authorizes the governing board of a school district to levy a fee, charge, dedication, or other requirement against construction within the boundaries of the school district for the purpose of funding the construction or reconstruction of a school facility, subject to specified limitations. Under existing law, the fee, charge, dedication, or other requirement may only apply to specified constructions, including residential construction if the resulting assessable space exceeds 500 square feet. This bill would specify that an ADU or a JADU that contains less than 500 square feet of interior livable space does not increase assessable space by 500 square feet under these provisions. Existing law prohibits a local agency from establishing by ordinance a maximum square footage for an attached or detached ADU that is either less than 850 square feet or 1,000 square feet for an ADU that provides more than one bedroom. Existing law also prohibits a local agency from establishing by ordinance any requirement for a zoning clearance or separate zoning review or any other minimum or maximum size for an ADU, size based upon a percentage of the proposed or existing primary dwelling, or limits on lot coverage, floor area ratio, open space, front setbacks, and minimum lot size, for attached or detached dwellings that does not permit at least an 800-square foot ADU with four-foot side and rear yard setbacks. This bill would revise these size limitations to be based on the square feet of interior living space of the ADU. Existing law requires a local agency to ministerially approve a building permit application within a residential or mixed-use zone for specified ADUs or JADUs, including one detached, new construction, ADU that does not exceed 4-foot side and rear yard setbacks for a lot with a proposed or existing single-family dwelling. For these ADUs and JADUs, existing law authorizes a local agency to impose specified height limitations and total floor area limitations of no more than 800 square feet. Existing law prohibits a local agency from imposing a requirement that an ADU install a fire sprinkler if a sprinkler is not required for the primary residence. This bill would require a local agency to ministerially approve a building permit application for a combination of the specified ADUs or JADUs and revise the total area limitation to be based on the square feet of interior livable space. The bill would revise the prohibition on requiring fire sprinkler installation, as described above, to additionally apply to a JADU. This bill would make other technical and conforming changes to the provisions governing the review and approval of ADUs and JADUs. By imposing additional duties on local planning officials, 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.
