Sen. Anna Caballero

This measure would proclaim August 2021 as Breastfeeding Awareness Month of 2021 in California. The measure would recognize the unique benefits that breastfeeding provides, as specified, and would affirm that Californians should work to ensure that barriers to initiation and continuation of breastfeeding are removed. The measure would encourage Californians to work together to explore ways to, among other things, improve women's access to breastfeeding support services in medical, social, and employment settings.

Existing law, the Housing Crisis Act of 2019, requires a housing development project be subject only to the ordinances, policies, and standards adopted and in effect when a preliminary application is submitted, except as specified. The act defines "housing development project" to mean a use consisting of residential units only, mixed-use developments consisting of residential and nonresidential uses with at least 23 of the square footage designated for residential use, and transitional or supportive housing. This bill would clarify, for various purposes of the act, that "housing development project" includes projects that involve no discretionary approvals, projects that involve both discretionary and nondiscretionary approvals, and projects that include a proposal to construct a single dwelling unit. The bill would specify that this clarification is declaratory of existing law, except that the clarification does not affect a project for which an application was submitted to the city, county, or city and county before January 1, 2022. Existing law specifies that the act does not prohibit a housing development project from being subject to ordinances, policies, and standards adopted after the preliminary application was submitted in certain circumstances, including when the housing development project has not commenced construction within 2.5 years following the date that the project received final approval. This bill would specify that the act does not prohibit a housing development project that is an affordable housing project, as defined, from being subject to ordinances, policies, and standards adopted after the preliminary application was submitted if the project has not commenced construction within 3.5 years. Existing law prohibits an affected county or an affected city from approving a housing development project that requires the demolition of occupied or vacant protected units, as defined, unless the developer agrees to provide the occupants of any protected units with relocation benefits and a right of first refusal for a comparable unit available in the new housing development affordable to the household at an affordable rent or an affordable housing cost. This bill would limit the requirement to provide relocation benefits and a right of first refusal to only the occupants of protected units that are lower income households, as defined. The bill would also specify that the requirement to provide relocation benefits and a right of first refusal does not apply to an occupant of a short-term rental that is rented for a period of fewer than 30 days. The bill would exempt from these provisions, a housing development project for which an application was submitted after January 1, 2019, but before January 1, 2020, that is located in a jurisdiction with a population of under 31,000, and that has adopted a rent or price control ordinance. This bill would exempt certain protected units from the above requirement to provide a right of first refusal, including a development project that consists of a single residential unit located on a site where a single protected unit is being demolished. The bill would also exempt protected units in a housing development where 100% of the units are reserved for lower income households, not including any manager's units, unless the occupant of a protected unit qualifies for residence in the new development and the occupant is not precluded from occupancy due to unit size limitations or other requirements of one or more funding source of the housing development. Existing law requires the department to determine the affected cities and affected counties for purposes of the act, by June 30, 2020, and authorizes the department to update the list of affected cities and affected counties once on or after January 1, 2021, as specified. Existing law provides that the department's determinations remain valid until January 1, 2025. This bill would authorize the department to update the list of affected cities and affected counties a 2nd time on or after January 1, 2025. The bill would provide that the department's determinations remain valid until January 1, 2030. Existing law prohibits an affected county or affected city from reducing the intensity of land use within an existing general plan land use designation, specific plan land use designation, or zoning district below what was allowed and in effect on January 1, 2018. This bill would clarify that this prohibition applies to the general plan land use designations, specific plan land use designations, and zoning districts in effect at the time of the proposed change. Existing law specifies that the act does not prohibit an affected county or an affected city from changing a land use designation or zoning ordinance to a less intensive use if the city or county concurrently changes the development standards, policies, and conditions applicable to other parcels within the jurisdiction to ensure that there is no net loss in residential capacity. This bill would define "concurrently" to mean that the action is approved at the same meeting of the legislative body or, if the action that would result in a net loss of residential capacity is requested by an applicant for a housing development project, within 180 days. The bill would, in the case of an initiative measure, define "concurrently" to mean that the action is included in the initiative in a manner that ensures the added residential capacity is effective at the same time as the reduction in residential capacity. Existing law makes the act inoperative on January 1, 2025. This bill would extend the operation of the act until January 1, 2030. By extending the duties of local officials and a crime with respect to housing, 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 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. This bill would incorporate additional changes to Sections 65940 and 65941.1 of the Government Code proposed by SB 37 to be operative only if this bill and SB 37 are enacted and this bill is enacted last.

The Planning and Zoning Law provides for the creation of 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. This bill, among other things, would require a proposed housing development containing no more than 2 residential units within a single-family residential zone to be considered ministerially, without discretionary review or hearing, if the proposed housing development meets certain requirements, including, but not limited to, that the proposed housing development would not require demolition or alteration of housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income, that the proposed housing development does not allow for the demolition of more than 25% of the existing exterior structural walls, except as provided, and that the development is not located within a historic district, is not included on the State Historic Resources Inventory, or is not within a site that is legally designated or listed as a city or county landmark or historic property or district. The bill would set forth what a local agency can and cannot require in approving the construction of 2 residential units, including, but not limited to, authorizing a local agency to impose objective zoning standards, objective subdivision standards, and objective design standards, as defined, unless those standards would have the effect of physically precluding the construction of up to 2 units or physically precluding either of the 2 units from being at least 800 square feet in floor area, prohibiting the imposition of setback requirements under certain circumstances, and setting maximum setback requirements under all other circumstances. The Subdivision Map Act vests the authority to regulate and control the design and improvement of subdivisions in the legislative body of a local agency and sets forth procedures governing the local agency's processing, approval, conditional approval or disapproval, and filing of tentative, final, and parcel maps, and the modification of those maps. Under the Subdivision Map Act, an approved or conditionally approved tentative map expires 24 months after its approval or conditional approval or after any additional period of time as prescribed by local ordinance, not to exceed an additional 12 months, except as provided. This bill, among other things, would require a local agency to ministerially approve a parcel map for an urban lot split that meets certain requirements, including, but not limited to, that the urban lot split would not require the demolition or alteration of housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income, that the parcel is located within a single-family residential zone, and that the parcel is not located within a historic district, is not included on the State Historic Resources Inventory, or is not within a site that is legally designated or listed as a city or county landmark or historic property or district. The bill would set forth what a local agency can and cannot require in approving an urban lot split, including, but not limited to, authorizing a local agency to impose objective zoning standards, objective subdivision standards, and objective design standards, as defined, unless those standards would have the effect of physically precluding the construction of 2 units, as defined, on either of the resulting parcels or physically precluding either of the 2 units from being at least 800 square feet in floor area, prohibiting the imposition of setback requirements under certain circumstances, and setting maximum setback requirements under all other circumstances. The bill would require an applicant to sign an affidavit stating that they intend to occupy one of the housing units as their principal residence for a minimum of 3 years from the date of the approval of the urban lot split, unless the applicant is a community land trust or a qualified nonprofit corporation, as specified. The bill would prohibit a local agency from imposing any additional owner occupancy standards on applicants. By requiring applicants to sign affidavits, thereby expanding the crime of perjury, the bill would impose a state-mandated local program. The bill would also extend the limit on the additional period that may be provided by ordinance, as described above, from 12 months to 24 months and would make other conforming or nonsubstantive changes. 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. CEQA does not apply to the approval of ministerial projects. This bill, by establishing the ministerial review processes described above, would thereby exempt the approval of projects subject to those processes from CEQA. The California Coastal Act of 1976 provides for the planning and regulation of development, under a coastal development permit process, within the coastal zone, as defined, that shall be based on various coastal resources planning and management policies set forth in the act. This bill would exempt a local agency from being required to hold public hearings for coastal development permit applications for housing developments and urban lot splits pursuant to the above provisions. By increasing the duties of local agencies with respect to land use regulations, the bill would impose a state-mandated local program. The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for specified reasons.

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 requires an attached housing development to be a permitted use, not subject to a conditional use permit, on any parcel zoned for multifamily housing if at least certain percentages of the units are available at affordable housing costs to very low income, lower income, and moderate-income households for at least 30 years and if the project meets specified conditions relating to location and being subject to a discretionary decision other than a conditional use permit. Existing law provides for various incentives intended to facilitate and expedite the construction of affordable housing. This bill would, notwithstanding any local restrictions on adopting zoning ordinances, authorize a local government to adopt an ordinance to zone any parcel for up to 10 units of residential density per parcel, at a height specified in the ordinance, if the parcel is located in a transit-rich area or an urban infill site, as those terms are defined. The bill would prohibit a local government from adopting an ordinance pursuant to these provisions on or after January 1, 2029. The bill would specify that an ordinance adopted under these provisions, and any resolution to amend the jurisdiction's General Plan, ordinance, or other local regulation adopted to be consistent with that ordinance, is not a project for purposes of the California Environmental Quality Act. The bill would prohibit an ordinance adopted under these provisions from superceding a local restriction enacted or approved by a local initiative that designates publicly owned land as open-space land or for park or recreational purposes. The bill would impose specified requirements on a zoning ordinance adopted under these provisions, including a requirement that the zoning ordinance clearly demarcate the areas that are subject to the ordinance and that the legislative body make a finding that the ordinance is consistent with the city or county's obligation to affirmatively further fair housing. The bill would require an ordinance to be adopted by a 23 vote of the members of the legislative body if the ordinance supersedes any zoning restriction established by local initiative. The bill would prohibit an ordinance adopted under these provisions from reducing the density of any parcel subject to the ordinance and would prohibit a legislative body from subsequently reducing the density of any parcel subject to the ordinance. The bill would prohibit a residential or mixed-use residential project consisting of 10 or more units that is located on a parcel zoned pursuant to these provisions from being approved ministerially or by right or from being exempt from the California Environmental Quality Act, except as specified. This 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.

This measure would proclaim the month of October 2021, and each following October, as Domestic Violence Awareness Month.

This measure would request the Congress of the United States to enact the Affordable Housing Credit Improvement Act and would request that President Joe Biden sign that legislation.

This measure would urge the Congress of the United States to work with President Joseph R. Biden to pass comprehensive immigration reform guided by empathy, inclusion, and opportunity, as provided.

This measure would proclaim the month of July 2021 as California Parks and Recreation Professionals Month to celebrate the accomplishments and resilience of parks and recreation professionals throughout the COVID-19 pandemic.

This measure would designate the month of August 2021 as "HPV-Attributable Cancers, Screening, and Vaccination Awareness Month" in the State of California. The measure would encourage all Californians, the State Department of Public Health, and the State Department of Health Care Services to observe the month and appropriate activities that support prevention, including promoting screening and educational outreach to all eligible Californians, increasing the awareness of HPV-attributable cancer and prevention measures within the medical and public health community, and implementing programs to raise awareness about the causes and symptoms of, and prevention measures for, HPV-attributable cancers.