The Alcoholic Beverage Control Act, administered by the Department of Alcoholic Beverage Control, regulates the sale and distribution of alcoholic beverages and the granting of licenses for the manufacture, distribution, and sale of alcoholic beverages within the state. The act also provides for a limitation on the amount of on-sale general licenses that may be issued by the department based on the population of the county in which the licensed premises are located, as provided. Existing law provides an exception to this limitation for the County of Napa and authorizes the department to issue 5 additional new original on-sale general licenses per year for bona fide public eating places with a seating capacity for 25 or more diners, for a period of one year. Existing law, beginning January 1, 2017, also provides an exception to the license limitation for a county of the 6th class, as specified, for 5 new original neighborhood-restricted special on-sale general licenses for premises located within specified census tracts in that county, subject to specified requirements. Existing law requires an applicant to, among other things, submit a signed verification by the local government body that states that the applicant has completed a required preapplication meeting regarding the issuance of the license. This bill, beginning January 1, 2018, would provide for an exception to the limitation for the County of Napa and authorize the department to issue no more than 5 additional new original on-sale general licenses to bona fide public eating places per year with a seating capacity for 25 or more diners, for a period of 4 years. This bill would revise the exception relating to a county of the 6th class by authorizing the department to issue 5 new original neighborhood-restricted special on-sale general licenses, as specified, each year until a total of 30 of these licenses are issued and sets a limit to how many neighborhood-restricted special on-sale general licenses may be issued per a census tract or tracts within that county. The bill would include additional restrictions as to who may apply for the license and would authorize, with regard to the signed verification described above, the verification to be signed by the designated subordinate officer or body of the local governing body. This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Napa and for the City and County of San Francisco.
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Under existing law, a pedestrian facing a "WALK" or approved "Walking Person" symbol may proceed across the roadway in the direction of the signal. Existing law makes a violation of this provision a crime. This bill would authorize a pedestrian facing a flashing "DON'T WALK" or "WAIT" or approved "Upraised hand" symbol with a "countdown" signal to proceed so long as he or she completes the crossing before the display of the steady "DON'T WALK" or "WAIT" or approved "Upraised Hand" symbol. Because the bill would change the definition of a crime, it 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 establishes the California State Auditor's Office, headed by the California State Auditor and under the direction of the Milton Marks "Little Hoover" Commission on California State Government Organization and Economy, with specified duties that include, among others, conducting financial and performance audits as directed by statute. Existing law also requires the California State Auditor to conduct audits requested by the Legislature's Joint Legislative Audit Committee relating to a state or local governmental agency or other publicly created entity. Existing law requires any state or local entity or agency to permit the California State Auditor to access specified documents, and makes it a misdemeanor for any person to fail or refuse to permit access, examination, and reproduction of these documents. This bill would specify that a state agency includes a commission for purposes of the California State Auditor's authorization to access specified documents of a state agency. The bill would additionally prohibit any person, with intent to deceive or defraud, from obstructing the California State Auditor in the performance of his or her official duties relating to an audit required by statute or requested by the Joint Legislative Audit Committee. The bill would make a violation of these provisions punishable by a fine not to exceed $5,000.
The Local Agency Public Construction Act requires a bridge and highway district to advertise for contracts in specified publications for all vessel repair, maintenance, and alteration work whenever the estimated expenditure exceeds $20,000 and for all other construction, repair, maintenance, and alteration work and for all insurance purchased by the district if the estimated expenditure exceeds $5,000. The act authorizes a bridge and highway district to contract without advertising or competitive bidding in case of emergency. The act requires a bridge and highway district to comply with specified emergency contracting procedures if the notice for bids to let a contract will not be given. This bill would instead require a bridge and highway district to advertise for contracts for all vessel repair, maintenance, and alteration work if the estimated expenditure exceeds $1,000,000, and for all other construction, repair, maintenance, and alteration work, and all similar work, if the estimated expenditure exceeds $5,000, in at least one newspaper and one trade paper of general circulation, as specified. The bill would also authorize the district, at its discretion, to use informal bidding for a contract for construction, repair, maintenance, and alteration work, and all similar work, with an estimated expenditure that does not exceed $50,000, and for a contract for vessel repair, maintenance, and alteration work that does not exceed $1,000,000, if it enacts an ordinance that governs the selection of contractors, as specified. Existing law requires the Golden Gate Bridge, Highway and Transportation District to award all contracts in excess of $20,000 for the hiring or purchase of equipment, supplies, or materials to the lowest responsible bidder, except that, if the required expenditure exceeds $100,000, the contract may be let, in the district's discretion, to the responsible bidder who submitted a proposal that provides the best value, as specified. The bill would also authorize the Golden Gate Bridge, Highway and Transportation District to contract without competitive bidding with suppliers of goods and services by participating in contracts let by one or more specified public entities and any other entity that expends public funds.
The Planning and Zoning Law authorizes the legislative body of any county or city to adopt ordinances regulating zoning within its jurisdiction, as specified. This bill would additionally authorize the legislative body of any county or city to adopt ordinances to require, as a condition of development of residential rental units, that the development include a certain percentage of residential rental units affordable to, and occupied by, moderate-income, lower income, very low income, or extremely low income households or by persons and families of low or moderate income, as specified, and would declare the intent of the Legislature in adding this provision. This bill would also authorize the Department of Housing and Community Development, within 10 years of the adoption or amendment of an ordinance by a county or city after September 15, 2017, that requires as a condition of the development of residential rental units that more than 15% of the total number of units rented in the development be affordable to, and occupied by, households at 80% or less of the area median income, to review that ordinance if the county or city meets specified conditions. The bill would authorize the department to request, and require that the county or city provide, evidence that the ordinance does not unduly constrain the production of housing by submitting an economic feasibility study that meets specified standards. If the department finds that economic feasibility study does not meet these standards, or if the county or city fails to submit the study within 180 days, the bill would require the county or city to limit any requirement to provide rental units in a development affordable to households at 80% or less of the area median income to no more than 15% of the total number of units in the development. The bill would require the department to report any findings made pursuant to these provisions to the Legislature. The bill would also declare that these provisions regarding department review of certain land use ordinances address a matter of statewide concern.
(1) The Planning and Zoning Law requires a city or county to adopt a general plan for land use development within its boundaries that includes, among other things, a housing element. Existing law provides for various reforms and incentives intended to facilitate and expedite the construction of affordable housing. This bill would authorize a city, county, or city and county, including a charter city, charter county, or charter city and county, to establish by ordinance a housing sustainability district that meets specified requirements, including authorizing residential use within the district through the ministerial issuance of a permit. The bill would authorize the city, county, or city and county to apply to the Department of Housing and Community Development for approval for a zoning incentive payment and require the city, county, or city and county to provide specified information about the proposed housing sustainability district ordinance. The bill would require the department to approve a zoning incentive payment if the ordinance meets the above-described requirements and the city's housing element is in compliance with specified law. The bill would also require the department, each October 1 following the approval of the housing sustainability district, to issue a certificate of compliance if the city, county, or city and county meets specified criteria pertaining to the continued compliance with these provisions or to deny certification, as provided. The bill would provide that a city, county, or city and county with a housing sustainability district would be entitled to a zoning incentive payment, subject to appropriation of funds for that purpose, and require that 12 the amount be provided upon zone approval by the department and 12 the amount upon verification by the department of the issuance of permits for the projected units of residential construction within the zone, provided that the city, county, or city and county has received a certificate of compliance for the applicable year. The bill, if the city, county, or city and county reduces the density of sites within the district from specified levels, would require the city, county, or city and county to return the full amount of zoning incentive payments it has received to the department. The bill would also authorize a developer to develop a project in a housing sustainability district in accordance with the already existing land use approval procedures that would otherwise apply to the parcel in the absence of the establishment of the housing sustainability district pursuant to its provisions, as provided. The bill would authorize a city, county, or city and county to incorporate provisions in its housing sustainability district ordinance prescribing the contents of an application for a permit for residential development, to adopt design review standards, and to charge a project application fee to defray the costs of preparation, adoption, and administration of the housing sustainability district plan, as provided. The bill would require that a housing sustainability district ordinance be effective for no more than 10 years, but would authorize the city, county, or city and county to renew the ordinance for not more than 10 years. The bill would also require that prevailing wages be paid, and a skilled workforce employed, in connection with all projects within the housing sustainability district, as provided. The bill would establish procedures for review of an application by an approving authority, including requiring the approving authority to conduct a public hearing on an application and issue a written decision within 120 days of receipt of the application. The bill, if a proposed development within a housing sustainability district includes any parcels being used for affordable housing, would require that the approving authority condition approval of the application on the applicant's agreement to replace those affordable housing units. The bill would also prescribe procedures for review of a decision of the approving authority to deny or approve with conditions an application for a permit in the superior court. The bill would authorize the department to adopt, amend, and repeal standards, forms, or definitions to implement its provisions and exempt those standards, forms, or definitions from specified provisions of the Administrative Procedure Act governing rulemaking. The bill would require the department to publish a report containing specified information about the housing sustainability district program on its Internet Web site no later than November 1, 2018, and each November 1 thereafter. (2) 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 (EIR) 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. This bill would require a lead agency, when designating housing sustainability districts, to prepare an EIR for the designation, as specified. The bill would exempt from CEQA housing projects undertaken in the housing sustainability districts that meet specified requirements. (3) This bill would declare that its provisions are not severable. The bill would also make findings that it addresses a matter of statewide concern. (4) This bill would incorporate additional changes to Section 65582.1 of the Government Code proposed by SB 35 to be operative only if this bill and SB 35 are enacted and this bill is enacted last.
Existing law requires the Natural Resources Agency, in collaboration with the Ocean Protection Council, to create, update biannually, and post on an Internet Web site a Planning for Sea Level Rise Database describing steps being taken throughout the state to prepare for, and adapt to, sea level rise. Existing law further requires that various public agencies and private entities provide to the agency, on a biannual basis, sea level rise planning information, as defined, that is under the control or jurisdiction of the public agencies or private entities, and requires the agency to determine the information necessary for inclusion in the database, as prescribed. Existing law repeals these provisions on January 1, 2018. This bill would postpone that repeal until January 1, 2023.
This measure would recognize September 11, 2017, as a day of solemn commemoration and extend the Legislature's deepest sympathies to the victims of the September 11, 2001 attacks.
This measure would urge the Congress of the United States to not enact S. 446, H.R. 38, or any other similar "concealed carry reciprocity" legislation that would require the State of California to recognize the concealed carry standards of every other state.
This measure would recognize the importance of civic engagement across the State of California.