(1) The Planning and Zoning law requires 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 that the proposed housing development does not allow for the demolition of more than 25% of the existing exterior structural walls, except as provided. Existing law authorizes a local agency to impose objective zoning standards, objective subdivision standards, and objective design standards, as defined, except as specified, on the proposed housing development. Existing law authorizes a local agency to deny a proposed housing development if specified conditions are met, including that the building official makes a written finding that the proposed housing development project would have a specific, adverse impact upon public health and safety or the physical environment, as provided. This bill would remove the requirement that a proposed housing development does not allow for the demolition of more than 25% of the existing exterior structural walls to be considered ministerially. The bill would prohibit a local agency from imposing objective zoning standards, objective subdivision standards, and objective design standards that do not apply uniformly to development within the underlying zone, but would specify that these provisions do not prohibit a local agency from adopting or imposing objective zoning standards, objective subdivision standards, and objective design standards on the development if the standards are more permissive than applicable standards within the underlying zone. The bill would remove the authorization for a local agency to deny a proposed housing development if the building official makes a written finding that the proposed housing development project would have a specific, adverse impact upon the physical environment. The bill would require the local agency to consider and approve or deny the proposed housing development application within 60 days from the date the local agency receives the completed application, and would deem the application approved after that time. The bill would require a permitting agency, if it denies an application, to provide a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant. (2) 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. Existing law requires a local agency to ministerially approve a parcel map for an urban lot split that meets certain requirements. Existing law authorizes a local agency to impose objective zoning standards, objective subdivision standards, and objective design standards, as defined, except as specified. Existing law authorizes a local agency to deny an urban lot split if specified conditions are met, including that the building official makes a written finding that the proposed housing development project would have a specific, adverse impact upon public health and safety or the physical environment, as provided. This bill would specify that objective zoning standards, objective subdivision standards, and objective design standards imposed by a local agency must be related to the design or improvements of a parcel. This bill would remove the authorization for a local agency to deny a proposed housing development if the building official makes a written finding that the proposed housing development project would have a specific, adverse impact upon the physical environment. The bill would require the local agency to consider and approve or deny the proposed housing development application within 60 days from the date the local agency receives the completed application, and would deem the application approved after that time. The bill would require a permitting agency, if it denies an application, to provide a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant. (3) This bill would make additional nonsubstantive and conforming changes to these provisions. (4) The bill would include findings related to changes proposed by this bill and would amend certain findings in existing law to state that the provisions address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities. (5) By increasing the duties of local agencies with respect to land use regulations, 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.
Sponsored bills
This measure would declare the month of September 2024 as Childhood Cancer Awareness Month and state the commitment of the Legislature to support efforts to find cures, and less toxic treatments, for childhood cancer.
This measure would, among other things, urge the United States Congress and President Joseph R. Biden to fully fund the United States Environmental Protection Agency's Comprehensive Infrastructure Solution for the Tijuana River due to the ongoing impacts to public health, the environment, and the local economy caused by cross-border pollution and would urge President Joseph R. Biden to declare a national emergency due to those ongoing impacts.
This measure would recognize August 26, 2024, as Women's Equality Day and its historic importance to women's rights, including the battle to attain those rights in the past, present, and future.
Existing law authorizes the Department of General Services to dispose of surplus state real property, as defined, as authorized by the Legislature, upon any terms and conditions and subject to any reservations and exceptions the department deems to be in the best interests of the state. Existing law authorizes the Director of General Services, with the consent of the Department of Motor Vehicles, to lease or exchange for a term of years and for fair market value, all or portions of parcels of specified real property, including the property located at 3960 Normal Street, San Diego, that are acquired and used by the state for the benefit of the Department of Motor Vehicles, for the purpose of developing mixed public and private use facilities, subject to specified requirements. This bill would delete the above authorization for the Director of General Services to lease or exchange the property located at 3960 Normal Street, San Diego, and would instead require the Department of General Services, in consultation with the Department of Motor Vehicles, to enter into good faith negotiations to lease the property upon the terms and conditions and subject to those reservations and exceptions that the Department of General Services determines are in the best interest of the state on or before January 1, 2026. The bill would require the lease to be with a housing sponsor, as defined, and would require the lease to allow for the development of housing development projects. The bill would specify that these provisions do not require the department to lease the property if the department determines that it is not in the best interest of the state to lease the property to a housing sponsor. The bill would require the proceeds from the lease of the property be deposited into the Motor Vehicle Account in the State Transportation Fund and, upon appropriation by the Legislature, be available for expenditure by the Department of Motor Vehicles. The bill would require the Department of General Services to notify the Legislature, in writing, if the department determines that a lease of the property is not in the best interest of the state, as specified.
Existing law requires the Department of Corrections and Rehabilitation to ensure that specified procedures are performed in the investigation and prosecution of sexual abuse incidents, including, among others, that an employee must be terminated if an investigation confirms that the employee sexually abused an inmate. Existing law requires administrators to report criminal sexual abuse by staff to law enforcement authorities. This bill would require the department to monitor for 90 days an incarcerated person who reports sexual abuse, and the incarcerated person reported to have suffered the abuse, by a staff person at a department facility for possible retaliation. Existing law authorizes a defendant to submit to a sentencing court a petition for recall and resentencing when a defendant, who was under 18 years of age at the time of the commission of a specified offense for which the defendant was sentenced to imprisonment for life without the possibility of parole, has been incarcerated for at least 15 years. Existing law authorizes a court to consider specified factors when determining whether to resentence the defendant to a term of imprisonment with the possibility of parole including, among others, that the defendant has had no disciplinary actions for violent activities in the last five years in which the defendant was determined to be the aggressor. This bill would authorize a court to also consider if the defendant has been a victim of sexual abuse or sexual violence at any time during their incarceration when determining whether to resentence the defendant to a term of imprisonment with the possibility of parole. Existing law authorizes, when a defendant has been committed to the state prison or to a county jail for the commission of a felony, the court to recall the sentence and either reduce a defendant's term by modifying the sentence, or vacate the conviction and impose judgment on any necessarily included lesser offense or lesser related offense and, resentence the defendant to a reduced term. Existing law requires the court to consider, in recalling and resentencing pursuant to these provisions, postconviction factors, including, among others, evidence that circumstances have changed since the original sentencing so that continued incarceration is no longer in the interest of justice. Existing law states that a defendant is not entitled to relief from these provisions, and that a court is not required to respond to a defendant's requests for relief pursuant to these provisions. This bill would authorize, beginning on July 1, 2025, a defendant to file a petition for relief pursuant to these provisions, and would make that defendant entitled to a response from the court, if, among other things, the defendant is currently committed to the custody of the Secretary of the Department of Corrections and Rehabilitation, the defendant currently has a minimum sentence of at least 15 years, and the application of the current sentencing rules of the Judicial Council and any changes in sentencing laws enacted since the defendant was last sentenced would make the defendant eligible for a reduced sentence if applied to the defendant. Existing law requires various civil actions to be brought within specified periods of time, but these periods of limitation are tolled for 2 years during the time that the person entitled to bring the action is imprisoned on a criminal charge for a term less than life. However, under existing law these provisions do not apply to an action brought against a public entity or public employee, as specified. This bill would require an action for sexual assault brought against a public entity or public employee by a person who is imprisoned on a criminal charge, or in execution under the sentence of a criminal court, to be tolled during the period of imprisonment and until one year after the release from actual custody.
Maddy summarySenate Resolution 120 formally recognizes October 2024 and every subsequent October as National Domestic Violence Awareness Month in California. This legislative measure does not create new laws or funding but serves to highlight the severity of domestic violence and the importance of support services for survivors across the state. The resolution underscores the need for community education and culturally responsive programs to address the high rates of intimate partner violence affecting diverse populations in California. By adopting this resolution, the Senate aims to encourage ongoing awareness and action to prevent domestic violence and assist those affected by it.
This measure would request that the federal Centers for Disease Control and Prevention conduct further investigation into the concerns raised regarding potential health impacts attributed to pollution in the Tijuana River.
This measure would urge the President and the Congress of the United States to address, with effective policies, the issue of servicemembers who were unjustly discharged under "Don't Ask, Don't Tell" or predecessor provisions, in order to unify efforts to upgrade discharges issued under the DADT policy, and to restore benefits.
Existing law prohibits unlawfully causing a fire by recklessly setting fire to, burning, or causing to be burned, any structure, forest land, or property. A violation of this prohibition is punishable as either a misdemeanor or a felony. This bill would, for the purposes of sentencing for a violation of these provisions, make it a factor in aggravation that the offense was carried out within a merchant's premises in order to facilitate organized retail theft. By increasing the punishment for a 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.