(1) Existing law, commonly referred to as the Density Bonus Law, requires a city or county to grant a density bonus, other incentives or concessions, and waivers or reductions of development standards, as specified, to an applicant for a housing development when the applicant seeks a density bonus for the housing development, as specified, if the applicant agrees to construct, among other things, a specified percentage of units for very low income, lower income, or senior citizen housing, and meets other requirements. This bill would, instead, require a city or county to grant a density bonus, other incentives or concessions, and waivers or reductions of development standards, as specified, to an applicant for a housing development when the applicant submits an application for a housing development that a city, county, or city and county determines meets specified criteria, including, among others, the housing development includes specified percentage of units for very low income, lower income, or senior citizen housing. (2) Existing law defines density bonus for the purposes of the Density Bonus Law to mean a density increase over the otherwise base density, as specified. Existing law specifies the base density calculation standards and requires base density to be determined using dwelling units per acre, except as otherwise provided. For the purpose of calculating a density bonus, existing law requires the residential units to be on contiguous sites that are the subject of one development application, as specified. Existing law also requires the density bonus to be permitted in geographic areas of the housing development other than the areas where the units for the lower income households are located. This bill would allow an applicant who provides a base density study, as defined, to elect to receive a density bonus in the form of a percentage increase in maximum floor area ratio, as specified. The bill would create an additional exception to the requirement that base density be determined using dwelling units per acre for applicants who elect to provide a base density study. This bill would revise and recast the provisions related to permitting of a density bonus relative to the geographic area to instead require a density bonus, incentive, or concession, or waiver or reduction, on sites that are the subject of the same housing development, as specified. (3) Existing law requires a city or county to adopt procedures and timelines for processing a density bonus application and to notify the applicant for a density bonus whether the application is complete in a manner consistent with specified timelines. If the local government notifies the applicant that the application is deemed complete, this bill would require the city or county to provide the applicant with a determination that the project is eligible for a density bonus. (4) Existing law authorizes an applicant for a density bonus to submit to a city or county a proposal for the specific incentives or concessions that the applicant requests and requires the city or county to grant the concession or incentive requested by the applicant unless the city or county makes a certain written finding, based upon substantial evidence. Existing law specifies the number of incentives or concessions an applicant is eligible to receive based on certain criteria. This bill would make revisions to certain of those calculations related to incentives or concessions. (5) 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. Existing law specifies that the granting of a density bonus or incentive or concessions shall not require or be interpreted to require a general plan amendment, local coastal plan amendment, zoning change, or other discretionary approval. Existing law also specifies that the granting of an incentive or concessions shall not require or be interpreted to require a study. This bill would specify that the granting of a waiver or reduction of development standards shall not require or be interpreted to require a general plan amendment, local coastal plan amendment, zoning change, study, or other discretionary approval. The bill would also specify that the granting of a density bonus, incentive or concession, or waiver or reduction of development standards shall not be discretionary. The bill would specify that the granting of a density bonus, incentive or concession, or waiver or reduction of development standards shall not require or be interpreted to require environmental review under CEQA. (6) 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. (7) This bill would incorporate additional changes to Section 65915 of the Government Code proposed by AB 2480, SB 1383, or both, to be operative only if this bill and AB 2480, SB 1383, or both, are enacted and this bill is enacted last. (8) By imposing new requirements on local governments, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law requires the Department of Housing and Community Development, through its Office of Migrant Services, to assist in the development, construction, reconstruction, rehabilitation, or operation of migrant farm labor centers and authorizes the Director of Housing and Community Development to contract with school districts, housing authorities, health agencies, and other appropriate local public and private nonprofit agencies for the procurement or construction of housing or shelter and to obtain services for migratory agricultural workers. Existing law establishes the Napa County Farmworker Centers Account to be administered by the department, as specified, to assist in the financing, maintenance, and operation of the Napa County Housing Authority's Farmworker Centers for year-round use by migrant and nonmigrant farm labor employees. Existing law requires the department to award, annually, up to $250,000 in matching funds to the Napa County Housing Authority upon demonstration that the Napa County Housing Authority is capable of continuing to effectively serve the housing needs of migrant or other farmworkers in the County of Napa and requires the Napa County Housing Authority, to be eligible for funding, to provide equal or greater funds from local sources. Existing law requires the department to use funds allocated from the Building Homes and Jobs Trust Fund, as provided. This bill would instead require the department to award, annually, up to $500,000 in matching funds to the Napa County Housing Authority upon demonstration that the Napa County Housing Authority is capable of continuing to effectively serve the housing needs of migrant or other farmworkers in the County of Napa. The bill would require all funds awarded under its provisions to comply with specified prohibitions against state funding, loans, grants, or other state subsidies for an employer that employs certain workers, as provided, and would require that employer to reimburse the state or state agency that provided the funding, as provided. The bill would, instead of requiring the department to use specified funds allocated from the Building Homes and Jobs Trust Fund, provide that this bill is not operative until funding is appropriated by the Legislature in the Budget Act or any other measure for the purposes of the bill. This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Napa.
Under the Planning and Zoning Law, the legislative body of a city or county may adopt ordinances that, among other things, regulate the use of buildings, structures, and land, as provided. 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. Existing law requires a local agency to consider ministerially a proposed housing development containing no more than 2 residential units within a single-family residential zone, without discretionary review or a hearing, if the proposed housing development meets specified requirements. Existing law requires a local agency to ministerially approve a parcel map for an urban lot split if the parcel meets specified requirements. This bill would require that an application for a proposed housing development containing no more than 2 residential units within a single-family residential zone, as described above, be eligible for concurrent processing with an application for a parcel map for an urban lot split, as provided. The bill would authorize a local agency to condition issuance of building permits, grading permits, or certificates of occupancy for a proposed housing development upon the applicant first obtaining approval and recording a parcel map for eligible parcels pursuant to the above-described urban lot split provisions. The bill would specify that a "parcel map" for purposes of these provisions means a parcel map prepared in accordance with specified provisions of the Subdivision Map Act and may include a condominium plan if proposed by the subdivider, as specified. Existing law authorizes a development proponent to submit an application for a housing development project on a subdivided lot, as specified, that meets specified requirements, and requires a local agency to ministerially consider that application, as specified. Existing law requires a local agency to issue a building permit for one or more residential units on a lot proposed to be subdivided, as specified, if the applicant for the permit meets prescribed requirements. Existing law requires a local agency to ministerially consider, without discretionary review or a hearing, a parcel map or a tentative and final map for a housing development project that meets specified requirements, including that the proposed subdivision will result in 10 or fewer parcels and the housing development project on the lot proposed to be subdivided will contain 10 or fewer residential units, except as provided. This bill would require an application for a housing development project on a subdivided lot or an application for a building permit for one or more residential units on a lot proposed to be subdivided, as described above, to be eligible for concurrent processing with an application for a parcel map or a tentative and final map under the above-described subdivision provisions, as provided. The bill would authorize a local agency to condition issuance of building permits, grading permits, or certificates of occupancy for a proposed housing development under these provisions upon the applicant first obtaining approval and recording a parcel map for eligible parcels pursuant to the above-described subdivision provisions. This bill would incorporate additional changes to Section 65852.28 of the Government Code proposed by SB 1090 and SB 1116 to be operative only if this bill and either or both SB 1090 and SB 1116 are enacted and this bill is enacted last. This bill would incorporate additional changes to Section 66411.7 of the Government Code proposed by AB 2005 to be operative only if this bill and AB 2005 are enacted and this bill is enacted last. This bill would incorporate additional changes to Section 66499.41 of the Government Code proposed by SB 1090 and SB 1116 to be operative only if this bill and either or both SB 1090 and SB 1116 are enacted and this bill is enacted last.
(1) Existing law establishes priorities and procedures that any state agency disposing of surplus property is required to follow. Existing law requires the Department of Transportation to deposit proceeds from the sale of a surplus residential property from the department to a new owner into the SR-710 Rehabilitation Account. Existing law continuously appropriates the funds in the account to the department for the purpose of providing required repairs to certain surplus residential properties that are offered for sale, as provided. Existing law requires that the total funds maintained in the account not exceed a specified amount and that funds exceeding that amount, less any reimbursements due to the federal government, be transferred to the State Highway Account in the State Transportation Fund, to be used for allocation by the California Transportation Commission exclusively to fund projects located in specified cities and in the 90032 postal ZIP Code. Existing law also establishes the Affordable Housing Trust Account within the Housing Finance Fund, a continuously appropriated fund, and requires certain funds to be deposited in the account in accordance with specified provisions for the benefit of income restricted persons and families residing exclusively in the Cities of Pasadena, South Pasadena, Alhambra, La Cañada Flintridge, and the 90032 postal ZIP Code. Existing law sets forth an order of priority for the disposal of specified surplus residential property, including that a state agency disposing of single-family surplus residential property first offer the property at the appraised fair market value to former owners and present occupants, and then offer the property at an affordable price to other present occupants who have occupied the property for a specified number of years and who meet certain income levels. Existing law sets certain parameters for the calculation of an affordable price for purposes of these provisions based on, among other things, the fair market value of the property. This bill would, instead, require the first tier priority offer to be based on the appraised condition-adjusted price of the fair market value and would define "condition-adjusted price of the fair market value" to mean the fair market value of the property as of October 13, 2019, as determined by an independent appraiser and adjusted, as provided. The bill would revise the above-specified parameters for calculating an affordable price. The bill would establish requirements relating to the performance and cost of the inspection of the property, and define various terms for purposes of these provisions, including, among others, "guidelines." The bill would also, for surplus residential property sold at a condition-adjusted fair market value, exempt the selling agency from providing repairs to the property, as specified. This bill, among other changes, would authorize a present occupant or tenant purchasing a residence at an affordable price or condition-adjusted price of the fair market value to receive purchase assistance in accordance with certain procedures. The bill would provide that certain amounts repaid for those purposes constitute deferred proceeds from the department's sale of the property and would be deposited into the Affordable Housing Trust Account, as prescribed. (2) If the surplus residential property is not sold pursuant to the priorities described above, or pursuant to other specified priorities, existing law requires the property to then be sold at fair market value, with priority given first to purchasers who are present tenants in good standing, as provided, and then to former tenants who were in good standing at the time they vacated the premises, as provided. This bill would, instead, require the property to be sold to those present or former tenants at condition-adjusted fair market value. This bill would require the Department of Transportation, upon request, to provide certain documents related to the surplus residential property to all persons or entities offered or purchasing surplus residential property. The bill would require any surplus residential property purchased at the condition-adjusted price of the fair market value pursuant to the bill to be assessed at its condition-adjusted price of the fair market value for property tax purposes, as prescribed. (3) Existing law contains provisions that are specific to the sale of surplus residential property located in the City of Pasadena. Those provisions, among other things, contain a priority requiring surplus residential property located in the city to be offered at fair market value to specified present tenants who are in good standing, as provided. This bill would, instead, require the property to be offered to those present tenants at condition-adjusted price of the fair market value, as defined. Existing law also requires the City of Pasadena to commence the construction, or complete acquisition, of affordable units in an amount at least equal to 3 times the number of unoccupied homes acquired by the city by December 31, 2026. This bill would change the timing for this requirement to within 2 years from the date on which the proceeds from the subsequent sale of the unoccupied homes are received, as specified, and would make other related changes to these provisions. (4) Existing law contains provisions that are specific to the sale of surplus residential property located in the City of South Pasadena. Those provisions, among other things, contain a priority requiring surplus residential property located in the city to be offered at fair market value to specified present tenants who are in good standing, as provided. This bill would, instead, require the property to be offered to those present tenants at condition-adjusted price of the fair market value. Existing law also requires the City of South Pasadena to commence the construction, or complete acquisition, of affordable units in an amount at least equal to three times the number of unoccupied homes acquired by the city by July 1, 2028. This bill would, for unoccupied homes acquired by the City of South Pasadena after July 1, 2026, change the timing for this requirement to within 2 years from the date on which the proceeds from the subsequent sale of the unoccupied homes are received, as specified, and would make other related changes to these provisions. By requiring new deposits into a continuously appropriated account, the bill would make an appropriation. (5) This bill would make legislative findings and declarations as to the necessity of a special statute for the Cities of South Pasadena and Pasadena. (6) By imposing new requirements on the Cities of South Pasadena and Pasadena, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. This bill would declare that it is to take effect immediately as an urgency statute.
Existing law, the California Building Standards Law, establishes the California Building Standards Commission within the Government Operations Agency. Existing law requires the commission to approve and adopt building standards and to codify those standards in the California Building Standards Code. Existing law, the California Factory-Built Housing Law, generally regulates the design, manufacture, and installation of factory-built housing, as defined and specified. That law specifically and entirely reserves to local jurisdictions certain local requirements, including local use zone requirements, snow load requirements, and wind pressure requirements. That law provides that any person who violates any of those provisions and other specified law is guilty of a misdemeanor, as specified. This bill also would prohibit a city, county, city and county, or district from imposing or enforcing local building standards applicable to a factory-built housing structure, as defined, that exceed or differ from the applicable mandatory standards contained in the California Building Standards Code. The bill would authorize a city or county to make changes or modifications in the requirements contained in the provisions published in the California Building Standards Code that are reasonably necessary to maintain minimum health and safety because of local climatic, geological, or topographical conditions, subject to the city or county making a specified finding. The bill would create a rebuttable presumption in favor of a determination that facilitates the use of factory-built housing and allows a project to qualify as a factory-built housing structure. This bill would define certain key terms for purposes of the California Factory-Built Housing Law. In this regard, the bill would define "building assembly" to mean assembled construction materials, components, subsystems, subassemblies or other systems designed for use in, or as part of, factory-built housing, and "factory-built housing structure" as a residential building where at least 23 of the new or converted square footage is designated for residential use and in which at least 30% of the residential use portion of the building is built using factory-built housing. The bill would recast the definition of "factory-built housing" to mean, among other things, a residential building, dwelling unit, building component, building assembly, or building system that is manufactured in a specified manner. The bill would make other conforming changes to definitions in the California Factory-Built Housing Law, the Sales and Use Tax Law, and the Vehicle Code. By adding to the duties of local officials, and expanding the scope of a crime, this bill would impose a state-mandated local program. The bill would include findings that certain 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 generally regulates local government zoning and approval of certain types of housing development projects. The law authorizes a development proponent to submit an application for a development that is subject to a prescribed ministerial approval process if the development complies with certain procedural requirements and satisfies specified objective planning standards. The law also requires a housing development project within a specified distance of a transit-oriented development stop to be an allowed use as a transit-oriented housing development on any site zoned for residential, mixed, or commercial development, if the development complies with specified requirements, as applicable. This bill would, by July 1, 2027, require major transit cities to designate at least one regional transit hub district, as specified, and prescribe requirements for those districts, including requiring that a district make a downtown housing development an allowable use, as specified. The bill would define "downtown housing development" as a housing development project within a regional hub district that meets certain conditions, including that it meets specified labor standards. The bill would prescribe requirements for the developments, including that the developments are eligible for streamlined ministerial approval, as specified. The bill would require the California Housing Finance Agency to conduct a housing construction loan and financing study that includes specified components and deliver that study to the Legislature and specified committees by March 1, 2028, as specified. By requiring certain cities to designate regional transit hub districts and requiring streamlined ministerial approval of certain housing developments, the bill would impose a state-mandated local program. The Planning and Zoning law requires each planning agency to prepare and the legislative body of each county and city to adopt a comprehensive, long-term general plan for the physical development of the county or city that includes certain mandatory elements, including a housing element. The law requires the Department of Housing and Community Development to notify the city, county , or city and county and authorizes the department to notify the Attorney General that the city, county, or city and county is in violation of state law if the department finds that the housing element or an amendment to the housing element does not substantially comply with these provisions or that any local government has taken an action in violation of specified laws. This bill would add a violation of the provisions described above to that list of specified laws. 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 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. 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 Department of Housing and Community Development and requires it to administer various programs intended to promote the development of housing, as specified, pursuant to which the department provides financial assistance in the form of deferred payment loans to pay for the eligible costs of development of specified types of housing projects. Existing law sets forth various general powers of the department in implementing these programs, including authorizing the department to enter into long-term contracts or agreements of up to 30 years for the purpose of servicing loans or grants or enforcing regulatory agreements or other security documents. This bill would permit the department to, subject to prescribed requirements, authorize the transfer of the department residual receipts share or excess reserves, as defined, from one rental housing development to another rental housing development with the same owner, 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) in accordance with specified standards and conditions. Existing law requires fees charged for the construction of ADUs to be determined in accordance with specified provisions of the Mitigation Fee Act. Existing law prohibits a local agency, special district, or water corporation from imposing any impact fee upon the development of an ADU that has 750 square feet of interior livable space or less, and requires any impact fees charged for an ADU that has more than 750 square feet of interior livable space to be charged proportionately in relation to the square footage of the primary dwelling unit. This bill would require the charge for certain accessory dwelling units to be based only on the area in excess of 750 square feet of interior livable space. By changing the duties of local agencies with regard to calculating fees for ADUs, 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 a specified reason.
Existing law establishes the Community Care Expansion Program, under the administration of the State Department of Social Services. Under the program, subject to appropriation by the Legislature, the department awards grants to qualified grantees to administer projects for the acquisition, construction, or rehabilitation of property to be operated as residential adult and senior care facilities, or to promote the sustainability of existing licensed residential adult and senior care facilities through the provision of capitalized operating subsidy reserves. Existing law authorizes the department to enter into an agreement with one or more entities to facilitate the grant awards. Existing law requires the contracting entity to act as a third-party administrator to provide operational services under the contract, including, but not limited to, developing an online application portal and processing invoices and making grant payments. This bill would require the department to develop the grant application for tribes in consultation with tribes in the event the program obtains additional funding available to tribes. The bill would require the department to include its existing tribal liaison or their designee in discussions throughout the grant process to ensure tribal sovereignty is honored. The bill would also require that, if additional funds are appropriated, an agreement between the department and a tribe align with federal tribal housing grant agreements to the extent practicable and consistent with the program. Existing law requires, subject to an appropriation, the department to award grants to preserve or expand the capacity of residential adult and senior care facilities through the acquisition, construction, or rehabilitation of property and requires counties and tribes receiving funds for this purpose to provide matching funds or real property. This bill would exempt a tribe from providing real property if federal restrictions limit tribal property ownership.
Existing law, commonly referred to as the Density Bonus Law, requires a city or county to provide a developer that proposes a housing development within the city or county with a density bonus, waivers or reductions of development standards, parking ratios, and other incentives or concessions, as specified, if the developer agrees to construct certain types of housing, including, among other types of housing, housing that will include specified percentages of units for rental or sale to lower income households or very low income households, as specified. Existing law requires a city or county to grant incentives or concessions requested by an applicant for a density bonus except under prescribed circumstances. Existing law defines "incentives or concessions" to include, among other things, a reduction in site development standards or a modification of zoning code requirements or architectural design requirements that exceed the minimum building standards, as specified, and regulatory incentives or concessions proposed by the developer or the city or county that result in identifiable and actual cost reductions to provide for affordable housing costs, as specified. This bill would exclude, for buildings over 85 feet in height above grade, a reduction in site development standards, a modification of zoning code or architectural design requirements, and other regulatory incentives or concessions that include or relate to a labor standard, as defined, that have been adopted by the local government entity from the definition of "incentives or concessions." The bill would provide that, for purposes of these provisions, the applicable labor standards are those that do not exceed certain statutory requirements, as specified, as those requirements existed on December 31, 2025. This bill would incorporate additional changes to Section 65915 of the Government Code proposed by AB 2433, AB 2480, or both, to be operative only if this bill and AB 2433, AB 2480, or both, are enacted and this bill is enacted last.
