The Planning and Zoning Law, until January 1, 2036, authorizes a development proponent to submit an application for a multifamily housing development that is subject to a streamlined, ministerial approval process, as provided, and not subject to a conditional use permit, if the development satisfies specified objective planning standards (streamlining process) . Existing law, for purposes of this streamlining process, authorizes a development proponent to request a modification to an approved development if submitted to the local government before the issuance of the final building permit required for construction of the development. Existing law requires a local government to approve a modification if it determines the modification is consistent with the objective planning standards in effect when the original development application was first submitted. Existing law requires evaluations of modifications for consistency with the objective planning standards to be made using the same assumptions and analytical methodology the local government originally used, as described. This bill would instead require the local government to approve a modification if it determines the modification is consistent with objective zoning standards, objective subdivision standards, and objective design review standards that were in effect when the original development application or notice of intent was first submitted, as described. The bill would also require subsequent modifications to be evaluated for consistency using the same assumptions and analytical methodology the local government originally used, or that was used in a previous modification, as described. The bill would make conforming changes. Existing law provides that if a development proponent requests a modification, as described above, the time during which approval of the development remains valid is extended for the number of days between the submittal of a modification request and the date of its final approval, plus an additional 180 days to allow time to obtain a building permit. Existing law also further extends that time during the pendency of litigation, if any. This bill would provide that the litigation extension is not limited to the first request for a modification submitted by the development proponent. This bill would also make nonsubstantive changes. 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. By imposing additional duties on local 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.
The Affordable Housing and High Road Jobs Act of 2022, until January 1, 2033, authorizes a development proponent to submit an application for a mixed-income housing development along a commercial corridor that satisfies specified site criteria, affordability criteria, and objective development standards, and deems a housing development that meets those requirements a use by right and subject to streamlined, ministerial review. Existing law prohibits the objective standards from precluding a development from being built at specified residential density required and from requiring the development to reduce unit size to meet the objective standards. This bill would also prohibit the objective standards from prohibiting or otherwise limiting mixed-use development, as defined, in a housing development project. By changing the criteria local agencies must follow for the approval of certain development projects, the bill would impose a state-mandated local program. The Affordable Housing and High Road Jobs Act of 2022 defines various terms for purposes of the act. This bill would make nonsubstantive changes to those definition provisions. 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 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.
Existing law requires a housing development project to be an allowed use as a transit-oriented housing development on any site zoned for residential, mixed, or commercial development within prescribed distances of a transit-oriented development stop if the development complies with specified requirements. Existing law applies these provisions to a local agency beginning July 1, 2026, unless the local agency adopts an ordinance or local transit-oriented development alternative plan, as specified. Existing law prescribes requirements for these plans, including requiring that the plan not reduce the capacity in any transit-oriented development zone in total units or residential floor area by more than 50%. Existing law defines various terms for these purposes. This bill would provide that a transit-oriented development alternative plan may reduce the capacity in up to one transit-oriented development zone in total units or residential floor area by more than 50% if certain requirements are met. This bill would incorporate additional changes to Section 65912.161 of the Government Code proposed by AB 2576 to be operative only if this bill and AB 2576 are enacted and this bill is enacted last.
(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, 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.
Existing law requires a housing development project to be an allowed use as a transit-oriented housing development if certain requirements are met. Existing law provides that these provisions do not apply to a local agency until July 1, 2026, unless the local agency takes specified actions. Existing law defines various terms for these purposes. Existing law prohibits a local government from adopting any requirement that applies to a project solely or partially on the basis that the project is seeking approval as a transit-oriented housing development, as specified. This bill would additionally prohibit a local government with an existing or planned transit-oriented development stop from taking specified actions with respect to transit agencies and transit projects.
Existing law, commonly referred to as the Density Bonus Law, requires a city or county to provide a developer that proposes a housing development, as defined, within the city or county with a density bonus, other incentives or concessions, and waivers or reductions of development standards, as specified, if the developer agrees to construct specified units and meets other requirements. Existing law, among other things, requires compliance with certain affordability requirements, including requiring that the applicant agree to ensure, and that the city, county, or city and county ensure, that a for-sale unit that qualified the applicant for the award of the density bonus is either (1) initially sold to and occupied by a person or family of very low, low, or moderate income, as specified, or (2) if the unit is not purchased by an income-qualified person or family within 180 days after the issuance of the certificate of occupancy, the unit is purchased by a qualified nonprofit housing corporation, as provided. This bill would additionally allow the applicant and the city, county, or city and county to comply with the above-described affordability requirements with respect to a for-sale unit by ensuring that the unit is purchased by a nonprofit housing corporation, as specified, for properties to be sold to and occupied by extremely low, very low, or lower income families who participate in a below market interest rate loan program, as described. By adding to the duties of local agencies to implement the Density Bonus Law, 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.
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 planning agency of a city or county to provide by April 1 of each year an annual report to the Department of Housing and Community Development that includes, among other specified information, the agency's progress in meeting its share of regional housing needs and the number of units approved and disapproved in the prior year. This bill, beginning with the first annual report submitted after the due date for the 7th cycle revision of the housing element, would require that annual report to additionally include specified information regarding the special housing needs of families and persons in need of emergency shelter. The bill would require the report to include, among other information, a list of any federal, state, or local funding that has been allocated from specified programs and a description of any actions taken to conduct outreach to individuals who are unhoused to inform them about those resources. 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) The Planning and Zoning Law requires a local agency or state agency to compile one or more lists that specify in detail the information required from any applicant for a postentitlement phase permit, as defined. Existing law also establishes time limits for completing reviews regarding whether an application for a postentitlement phase permit is complete and compliant, and whether to approve or deny an application. Existing law requires the time limits to be tolled, if the local agency or state agency requires review of the application by an outside entity, until the outside entity completes the review and returns the application, as specified. This bill would prohibit a local agency or state agency from requiring or requesting more than 2 plan check and specification reviews in connection with an application for a building permit, as part of its review. The bill would authorize a local agency or state agency to deny an application that is not compliant with the permit standards following 2 plan check and specification reviews. The bill would also authorize an applicant to request additional submittals of applications that are not compliant with the permit standards. The bill, if a local agency or state agency finds that a complete application is noncompliant, would prohibit a local agency or state agency from requesting or requiring any action or inaction as a result of a building inspection undertaken to assess compliance with the applicable building permit standards that would represent a deviation from a previously approved building plan or similar approval for the building permit, except as specified. This bill would remove the above-described tolling requirements relating to outside entity reviews and, instead, would require, if federal or state law requires review of the application by another public agency that is independent of the local agency or state agency before the local agency or state agency is authorized to act on the application, the time limits to be tolled for the application until the public agency completes the review and returns the application to the local agency or state agency. The bill would require the local agency or state agency to notify the applicant of the tolling, as specified. (2) Existing law, if a postentitlement phase permit is determined to be incomplete or noncompliant, requires a local agency or state agency to provide a process for an applicant to appeal that decision in writing to the governing body of the agency or, if there is no governing body, to the director of the agency, as provided by that agency. Existing law requires the city or county to provide that the right of appeal is to the governing body or, at their option, the planning commission, or both. Existing law requires a local agency or state agency to provide a final written determination on the appeal not later than 60 business days after receipt of the applicant's written appeal, for housing development projects with 25 units or fewer, and not later than 90 business days for a housing development projects with 26 units or more. Existing law also specifies that the fact that an appeal is permitted to both the planning commission and to the governing body does not extend the specified time period. This bill would revise those timelines to not later than 30 business days for housing development projects with 25 units or fewer and 45 business days for housing development projects with 26 units or more. The bill would remove the specification that the fact that an appeal is permitted to both the planning commission and to the governing body does not extend the specified time period. The bill would remove the requirement that, if a postentitlement phase permit is determined to be incomplete or noncompliant, a local agency or state agency provide a process for an applicant to appeal that decision to the director of the agency if there is no governing body, as provided by that agency. The bill would remove the requirement that a city or county provide that the right of appeal is to the governing body or, at their option, the planning commission, or both. This bill would authorize the applicant to seek a writ of mandate to compel approval of the application, if the applicant's appeal is denied, or a decision on the appeal is not made within the timelines provided, or an appeals process is not provided as required. By imposing additional duties on local agencies regarding postentitlement phase permits, the bill would impose a state-mandated local program. (3) Existing law, the Housing Accountability Act, among other things, prohibits a local agency from disapproving, or conditioning approval in a manner that renders infeasible, a housing development project for very low, low-, or moderate-income households unless the local agency makes written findings as to one of certain sets of conditions, as specified. The act also requires, when a proposed housing development project complies with applicable, objective general plan, zoning, and subdivision standards and criteria in effect at the time that the application was deemed complete, but the local agency proposes to disapprove the project or to impose a condition that the project be developed at a lower density, that the local agency base its decision regarding the proposed housing development project upon written findings supported by a preponderance of the evidence on the record that 2 specified conditions exist. Existing law defines the term "disapprove the housing development project" for these purposes to include any instance in which a local agency takes certain actions or fails to comply with certain requirements, including the time limits described above. Existing law makes a local agency's failure to meet the above-described time limits relating to postentitlement phase permits a violation of the Housing Accountability Act. This bill would, instead, make a violation of the above-described provisions relating to postentitlement phase permits, among others, a violation of the Housing Accountability Act. The bill would also revise the definition of "disapprove the housing development project" under the Housing Accountability Act to include any instance in which a local agency fails to comply with any of the provisions described above relating to postentitlement phase permits. By requiring local agencies to take certain actions, this bill would impose a state-mandated local program. (4) The bill would make other conforming changes and would provide that certain changes are declaratory of existing law. (5) 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. (6) This bill would incorporate additional changes to Section 65589.5 of the Government Code proposed by SB 1072 to be operative only if this bill and SB 1072 are enacted and this bill is enacted last. (7) 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.
