HomeMy WebLinkAbout2019-11-12; City Council; ; State Legislative Update - California's 2020 Housing LawsNov. 12, 2019 Item #11 Page 1 of 31
€) S~~fiR~port
Meeting Date:
To:
From:
Staff Contact:
Subject:
November 12, 2019
Mayor and City Council
Scott Chadwick, City Manager
Jason Haber, Assistant to the City Manager
jason.haber@carlsbadca.gov or 760-434-2958
State Legislative Update -California's 2020 Housing Laws
Recommended Action
CA Review ~
Receive an update from California Strategies & Advocacy (California Strategies) summarizing
several of the 2020 Housing Laws signed by Governor Newsom during 2019.
Executive Summary
During 2019, Governor Newsom signed several significant bills related to housing development
in California. The city's state legislative consultant, California Strategies, will present a report
summarizing several of these new laws, which will be analyzed over the coming months to
determine their Carlsbad-specific implications.
Discussion
At the urging of Governor Newsom, in 2019 the legislature produced numerous bills designed
to address California's housing deficit. The city's state legislative consultant, California
Strategies, will present a report summarizing several of the new laws that will take effect Jan. 1,
2020 (or as otherwise noted). For reference, the new laws are summarized and grouped into
the following categories in a memorandum from California Strategies, attached as Exhibit 1:
• Accessory Dwelling Units (ADUs)
• CEQA
• Funding
• Housing Miscellaneous
• Local Taxes on Housing
• Streamlining Local Housing Decisions
• Surplus Lands
• Tenant Protections
Fiscal Analysis
This item has no fiscal impact.
Nov. 12, 2019 Item #11 Page 2 of 31
Next Steps
Staff will work with California Strategies and the City Attorney's Office to analyze the new laws,
and will return to the City Council to discuss their Carlsbad-specific implications in Ql 2020.
Environmental Evaluation (CEQA)
Pursuant to Public Resources Code Section 21065, this action does not constitute a "project"
within the meaning of CEQA in that it has no potential to cause either a direct physical change
in the environment, or a reasonably foreseeable indirect physical change in the environment,
and therefore does not require environmental review.
Public Notification
This item was noticed in accordance with the Ralph M. Brown Act and was available for public
viewing and review at least 72 hours prior to the scheduled meeting date.
Exhibits
1. 2019 Housing Legislation Memorandum -California Strategies & Advocacy
Exhibit 1
Nov. 12, 2019 Item #11 Page 3 of 31
CALIFORNIA STRATEGIES
& ADVOCACY, LLC
To: Honorable Mayor and Members of the City Council
From: John Benton, Monique Ramos, Kathrina Gregana, and Lauren Grainger
California Strategies & Advocacy, LLC
RE: 2019 Housing Legislation
Below are the housing bills that the Governor signed in the first half of the 2019-20 legislative
session. For reference, we have grouped the bills into the following subject areas: Accessory
Dwelling Units (ADUs), CEQA, Funding, Housing Miscellaneous, Local Taxes on Housing,
Streamlining Local Housing Decisions, Surplus Lands, and Tenant Protections.
Accessory Dwelling Units (ADU's)
AB 68 (Ting)-Land Use/ ADUs
This bill makes major changes to the ADU statute to facilitate the development of more ADUs
and address perceived barriers to ADUs, including the following:
1. Increases the number of AD Us allowed to be constructed per lot by potentially allowing two
ADUs on lots with single-family homes, and multiple ADUs on lots with multi-family
dwellings;
2. Enables ADUs and JADUs to be approved ministerially if there is an existing or proposed
primary residence;
3. Prohibits a local ADU ordinance from: a) Imposing requirements on minimum lot size to
allow ADUs; b) Setting maximum ADU dimensions that do not permit an ADU of 850 square
feet for one or fewer bedrooms and 1,000 square feet for two or more bedrooms, 16 feet in
height, with four-foot side and rear yard setbacks; c) Requiring replacement parking when
parking is demolished in the creation of an ADU; d) Requiring a setback for an ADU that is
built within an existing structure or in the same footprint as an existing structure, and
requiring more than a four-foot setback for all other ADUs;
4. Allows no more than 60 days to ministerially consider a completed ADU permit application;
5. Increases enforcement, including enabling HCD to notify the Attorney General when a local
agency is in violation of this law.
6. Removes the ability for an ADU attached to an existing primary dwelling to go up to 1,200
square feet unless the primary dwelling is 2,400 square feet or more.
7. Enables the 60-day ADU permit approval period to be extended in the instance that the ADU
is being proposed along with a nevv single-family home, although the ADU itself must be
ministerially permitted, and that the 60-day period may be tolled against the review of the
single-family home upon request of the applicant.
8. Clarifies that an ADU built "substantially" within an existing building may not include an
expansion of more than 150 square feet beyond the existing structure, limited to ingress
and egress.
U.S. BANK PLAZA
980 NINTH STREET, SUITE 2000 • SACRAMENTO, CA 95814
TELEPHONE (916) 266-4575 • FACSIMILE (916) 266-4580
Nov. 12, 2019 Item #11 Page 4 of 31
9. Requires a local agency to allow and ministerially approve at least one ADU in up to 25
percent of the existing units in a multifamily building.
10. Allows a local agency to require as part of a permit application for an ADU on a lot with an
onsite water treatment system a percolation test completed within the last 5 years or if the
percolation test has been recertified, within the last 10 years.
11. Allows the state Department of Housing and Community Development (HCD} to consider
whether a local agency has attempted to comply with state law before referring them to the
Attorney General for any violations.
12. Defines "proposed dwelling" as a dwelling that is the subject of a permit application that
meets the requirements for permitting.
AB 587 (Friedman)-ADUs/Sale or Separate Conveyance
Exi_sting law prohibits local ADU ordinances from allowing ADUs to be sold or otherwise
conveyed separate from the primary residence. For cities with local ordinances, this
requirement therefore prohibits shared ownership models that occur in California, such as
tenancy in common. This bill creates an exemption to this prohibition by allowing such tenancy
in common sales to occur, but only in a very limited and narrow manner where the house and
ADU are built by a non-profit whose mission is to sell those units to low-income families, that
both the primary house and the ADU are sold to low-income families, and that any subsequent
sale also be to a low-income family. The purpose of this bill is to enable affordable housing
organization such as Habitat for Humanity to create ownership units for low-income families.
The bill also specifies that the affordability covenant for ADUs conveyed separately from the
primary un!t must be 45 years, and adds a condition for the conveyance of an ADU separate
from the primary unit that if requested by a utility providing service to the primary residence,
the ADU has a separate water, sewer, or electrical connection to that utility.
AB 671 (Friedman)-ADUs/lncentives
This bill requires local governments' housing elements to include plans to encourage affordable
ADU rentals and requires the HCD to develop a list of state grants and financial incentives for
affordable ADUs.
AB 881 (Bloom)-ADUs
This bill:
1} Limits the criteria by which a local agency may determine where ADUs may be permitted to
the adequacy of water and sewer services and the impact of ADUs on traffic flow and public
safety.
2} Requires local agencies to ministerially approve ADUs on lots in residential or mixed-use
zones if the unit is contained within an existing structure, as defined.
3) Removes, until January 1, 2025, existing legal authority for local agencies to require ADU
applicants to be owner occupants and eliminates existing legal authority for local agencies
to require owner occupancy of either the ADU or the primary dwelling.
4) Specifies in the existing legal prohibition on a local agency from imposing parking standards
within a half-mile of transit, that the half-mile shall be measured in walking di_stance and
defines public transit as a bus stop, bus line, light rail, street car, car share drop off or
pickup, or heavy rail stop.
SB 13 (Wieckowski)-ADUs
Nov. 12, 2019 Item #11 Page 5 of 31
This bill:
1) Provides that when a garage, carport, or covered parking structure is demolished in
conjunction with an ADU or converted into an ADU, a local agency shall not require that
those off-street parking spaces be replaced.
2) Reduces the application approval timeframe to 60 days and provides that if a local agency
has not acted upon the submitted application within 60 days, the application shall be
deemed approved.
3) Prohibits a local ordinance from requiring an applicant for an ADU to be an owner occupant:
4) Provides that a local ADU ordinance that establishes minimum or maximum ADU size must
allow an ADU of up to 850 square feet, or up to 1,000 square feet if the ADU provides more
than one bedroom. Provides that any other minimum or maximum size imposed by a local
ordinance must allow for an ADU of at least 800 square feet and 16 feet in height, with four-
foot side and rear yard setbacks.
5) Provides for a tiered schedule of impact fees based on the size of the ADU as follows: a) Zero
fees for an ADU of less than 750 square feet b) 25% of impact fees for an ADU of 750 square
feet or more.
6) Revises the definition for when a local agency, special district, or water corporation may
require a separate utility connection.
7) Requires HCD, after a local ADU ordinance is adopted, to submit findings to the local agency
as to whether it complies with ADU law. If HCD finds it does not, HCD shall provide the local
agency up to 30 days to respond before taking any other action. The local agency shall
consider HCD's findings and may either change the ordinance to comply or make findings as
to why the ordinance complies despite HCD's findings. Authorizes HCD to notify the
Attorney General but requires HCD to first consider whether a compliant local ordinance
was adopted between January 1, 2017 and January 1, 2020.
8) Authorizes HCD to review, adopt, amend, or repeal guidelines to implement uniform
standards and criteria that supplement or clarify the terms, references, and standards in
ADU law.
9) Authorizes, explicitly, a local agency to count an ADU for purposes of identifying adequate
sites for its housing element.
10) Requires a local agency notice of a violation of any building standard to an ADU owner to
include a statement of the owner's right to request a delay in enforcement. Requires a local
agency, upon request of the owner, to delay enforcement for five years if correction is not
necessary to protect health and safety and the ADU was built before January 1, 2020 or the
ADU was built prior to that date in a local jurisdiction that had a compliant ADU ordinance at
that time. Sunsets this provision on January 1, 2025.
CEQA Bills
AB 1515 (Friedman)-Planning and Zoning/Community Plans
This bill:
1) Prohibits a court from invalidating, reviewing, voiding, or setting aside a development
approval that was granted based on a community plan that is invalidated by a court for
noncompliance with CEQA on the basis of that noncompliance, if either of the following
occurs:
Nov. 12, 2019 Item #11 Page 6 of 31
a) The development is approved before the court issues a stay, order, or writ that
requires the challenged EIR or community plan update to be rescinded or set aside;
or
b) The application for the development project is deemed complete under the Permit
Streamlining Act before the court issues a stay, order, or writ that requires the
challenged EIR or community plan update to be rescinded or set aside.
2) Applies notwithstanding the duties CEQA imposes on a court to issue a stay, order, or writ if
a project does not comply with CEQA.
3) Requires, for a development to qualify for the bill's prohibition, the community plan
underlying the development approval to meet all of the following conditions:
a) The plan was adopted by a city, including a charter city, or county for a defined
geographic area within its jurisdictional boundaries;
b) The plan serves as the land use element for the area covered by the plan;
c) The plan has not been updated for more than 10 years before the operative date of
the bill;
d) The plan includes two or more transit priority areas;
e) The city or county that adopts the plan has adopted, on or after January 1, 2015, a
circulation or mobility element as a part of the general plan;
f) The city or county that adopts the plan has a housing element that includes housing
capacity to sufficiently accommodate its regional housing needs allocation; and
g) The city or county that adopts the plan has adopted a vehicle miles traveled
threshold of significance for the area that presumes that projects in the area have a
less than significant transportation impact, consistent with state regulations.
h) The area covered by the plan update is located within an urbanized area.
i) The city or county that adopts the plan has also adopted any required ordinances or
regulations related to either of the following:
i. The designation of very high fire hazard severity zones pursuant to Section
51179.
ii. Flood plain management in accordance with the National Flood Insurance
Program, pursuant to Part 60 (commencing with Section 60.1) of Subchapter
B of Chapter I of Title 44 of the Code of Federal Regulations.
4) Defines a community plan update to include both the community plan itself and any zoning
ordinances necessary to bring the zoning into consistency with the community plan.
5) Provides that it does not:
a) Affect or alter the obligation for the approval of a project that is consistent with an
approved community plan update to comply with CEQA.
b) Preclude or limit an action to attack, review, set aside, void, or annul the approval of
a development project that is consistent with an approved community plan, except
as otherwise provided in the bill.
6) Sunsets the bill's provisions on January 1, 2025, but provides that the sunset does not affect
any right or immunity that the bill granted before January 1, 2025.
AB 1560 {Friedman)-Major Transit Stops
Revises the definition of a "major transit stop" for purposes of qualifying for exemption or
abbreviated review under the California Environmental Quality Act (CEQA) to include a "bus
rapid transit station."
Defines "bus rapid transit" as a public mass transit service provided by a public agency or public-
private partnership that includes all of the following features:
Nov. 12, 2019 Item #11 Page 7 of 31
1) Full-time dedicated bus lanes or operation in a separate right-of-way dedicated for public
transportation with a frequency of service interval of 15 minutes or less during the morning
and afternoon peak commute periods.
2) Transit signal priority.
3) All-door boarding.
4) Fare collection system that promotes efficiency.
5) Defined stations.
AB 1730 (Gonzalez)-San Diego Association of Governments: Housing
This bill amends the timing and process for the San Diego Association of Governments's
(SAN DAG) next regional transportation plan (RTP) and sustainable communities strategy (SCS).
1) Provides that the environmental impact report (EIR) adopted by SAN DAG on October 9,
2015 shall remain in effect until SAN DAG adopts its next update to its RTP ..
2) Requires SAN DAG to adopt and submit its update to the 2015 RTP on or before December
13, 2021, and every four years thereafter.
3) Prohibits ARB from adopting regional GHG emission reduction targets for SANDAG before
SANDAG adopts its update to the 2015 RTP .
4) Provides that the RTP adopted by SANDAG that is due to federal agencies in October 2019
shall not be considered an RTP for state purposes and shall not constitute a project under
the California Environmental Quality Act (CEQA).
5) Prohibits SAN DAG from nominating projects for the Solutions for Congested Corridors
Program that are not also eligible for the Transit and Intercity Capital Rail Program, the Low
Carbon Transit Operations Program, and the Active Transportation Program.
6) Requires SAN DAG, beginning January 1, 2020 and every two years thereafter, to develop a
report to track implementation of its SCS at the local and regional level, including successes
and barriers that have occurred since the prior report. Requires this report to be submitted
to ARB as part of the SCS implementation review required under existing law.
7) Provides that the resolution approving the final RHNA allocation for SANDAG's sixth housing
element cycle shall use the SCS in the 2015 RTP to demonstrate the required consistency
determinations.
8) Authorizes SAN DAG to conduct its RHNA allocation process for the sixth housing element
cycle prior to adopting an updated RTP and SCS.
9) Authorizes a local government within SANDAG's jurisdiction to adopt its housing element for
the sixth cycle on or before April 30, 2021, using the final RHNA allocation adopted by
SANDAG on or before November 1, 2019.
10) Requires all local governments within SANDAG's jurisdiction to adopt the housing element
for the eighth cycle no later than 18 months after SAN DAG adopts its first RTP update in
2029.
SB 450 (Umberg)-Motel Conversion
Exempts an "interim motel housing project" (conversion of a motel to supportive or transitional
housing) from the California Environmental Quality Act (CEQA) until January 1, 2025.
1) Defines "interim motel housing project" as the conversion of a structure with a certificate of
occupancy as a motel, hotel, residential hotel, or hostel to supportive or transitional
housing, and the conversion meets one or both of the following conditions: a) It does not
expand the floor area of any individual living unit more than 10%; b) It does not result in any
significant effects relating to traffic, noise, air quality, or water quality.
2) Exempts an interim motel housing project from CEQA.
Nov. 12, 2019 Item #11 Page 8 of 31
3) Requires a lead agency that determines an interim motel housing project is exempt to file a
notice of exemption with the Office of Planning and Research.
4) Sunsets January 1, 2025.
SB 744 (Cabellero)-Permanent Supportive Housing
Makes changes to the existing streamlined process for supportive housing developments
created by AB 2162 (Chiu), Chapter 753, Statutes of 2018, and creates a California
Environmental Quality Act (CEQA) exemption for developments that qualify for No Place Like
Home (NPLH) funding.
+l Provides that a local government's review of objective standards including design review
standards under the by-right process for permanent supportive housing created by AB 2162
is not subject to CEQA.
2) Clarifies that a supportive housing development that meets specified requirements and has
applied for but has not received public funding can qualify for by-right approval under AB
2162.
3) Clarifies that a supportive housing development that qualifies for AB 2162 approval is
entitled to a density bonus, concessions and incentives, and waiver of development
standards.
4) States that any policy to approve as a use by right proposed supportive housing
developments with a limit higher than 50 units and meeting the requirements of AB 2162
does not constitute a "project" for purposes of CEQA.
5) States that this bill does not preclude a local government from imposing fees and exactions
otherwise authorized by law. Prohibits a local government from adopting any requirement,
including but not limited to increased fees that apply to a project solely or partially on the
basis that the project constitutes a supportive housing development or based on the
developments eligibility to receive streamlined review.
6) Defines a "NPLH project" as a project that qualifies for the NPLH program and for which a
public agency seeks, or HCD awards, moneys made available pursuant to the NPLH Program.
7) States that a decision by a local government to seek funding from the HCD from NPLH
program shall not constitute a "project" for the purposes of CEQA.
8) States that where a NPLH project does not qualify as a use by right, the lead agency shall
prepare and certify the record of proceeding for the environmental review project, as
specified.
9) Requires that if a NPLH project qualifies as a use by right, the local agency shall file and post
the notice, as specified.
10) Requires HCD to notify the Speaker of the Assembly and the Pro Tern of the Senate when
NPLH funds have been fully allocated and for that information to be posted on HCD's
website for at least one year.
Funding
Below are the major funding items related to Housing included in the 2019-20 state budget:
The Budget includes significant one-time investments in both housing and homelessness-$1.75
billion for housing and $1 billion for homelessness-to support local governments in developing
an integrated approach to tackle their homelessness issues.
Nov. 12, 2019 Item #11 Page 9 of 31
local Government Planning Support Grants Program-The Budget allocates $250 million in
planning grants to support local governments and regions in meeting ambitious housing goals
for the next regional housing needs allocation.
In/ill Infrastructure Grant Program-The Budget allocates $500 million in competitive and over-
the-counter grants for qualified capital improvement projects (i.e. streets, parking lots, utilities)
integral to developing qualifying infill areas or projects. This will help remove a barrier to
building and spur production in high density areas. Under this program, local governments and
developers can partner to apply for infrastructure grants.
Moderate-Income Housing Production -The Budget allocates $500 million to CalHFA to develop
new low-and moderate-income housing. This loan program will expand on the Mixed Income
Loan Program funded through ongoing SB 2 revenues and pair with tax credits targeting
households with incomes between 30 and 120 percent Area Median Income.
Homelessness -The Budget includes $650 million one-time General Fund for the construction
and expansion of emergency shelters and navigation centers, rapid rehousing, permanent
supportive housing, job programs, and for innovative projects like hotel/motel conversions.
California's largest cities will receive $275 million, counties will receive $175 million, and
Continuums of Care will receive $190 million, based on the 2019 federal point-in-time homeless
count. The remaining $10 million will be scheduled later this legislative session. Regional
coordination is a priority and local jurisdictions must include how dollars will be spent with the
goal to move individuals into permanent housing.
AB 960 (Maienschein)-CalWORKS Housing Assistance
1) Expands the types of housingfor which a CalWORKs homeless assistance payment may be
made to include a person with whom, or an establishment with which, the family requesting
assistance has executed a valid lease, sublease, or shared housing agreement.
2) Requires CDSS to implement the act through an all-county letter or similar instruction until
final regulations are adopted. Requires CDSS to adopt emergency regulations by January 1,
. 2021, or 18 months after the all-county letters or similar instructions are issued, whichever
is later, as specified .
3) Makes technical and conforming changes.
SB 113 (Committee on Budget)-Housing
This bill provides for technical statutory changes necessary to enact the housing and
homelessness-related provisions of the Budget Act of 2019, and provides intent language
related to recent housing-related court decisions.
1) States the Legislature's intent to establish a trust to manage $331 million in state funds that
are court-ordered to be directed to provide borrower relief and legal aid to homeowners
and renters. Provides for the transfer of the $331 million to the National Mortgage Special
Deposit Fund.
2) Makes a variety of changes to the state's housing element law. Specifically, this bill:
a) Clarifies that the Attorney General may request that the court issue an order or
judgment directing a local jurisdiction to bring its housing element into substantial
compliance if the court finds that a local jurisdiction is not compliant with housing
element law.
Nov. 12, 2019 Item #11 Page 10 of 31
b) Clarifies that if a court finds that a local jurisdiction's housing element substantially
complies with state housing element law, then the court finding has the same force
and effect, for the purposes of financial assistance and various state incentives that
require a compliant housing element, as a finding by HCD that the housing element
substantially complies with state housing element law.
c) Replaces the standard that an agent of the court may "be appointed with all the
powers" necessary with the standard that an agent of the court may "take all the
governmental actions" necessary to bring the jurisdiction's housing element into
substantial compliance. Clarifies that the appointment and actions shall not limit a
court's discretion to apply any and all remedies in an action or special proceeding
for a violation of housing element law.
d) Clarifies that HCD shall offer a jurisdiction the opportunity for two meetings in
person or via telephone once the jurisdiction has been included on HCD's list of .
jurisdictions with non-compliant housing elements if the jurisdiction has not
previously received notice of its inclusion.
e) Increases the amount of time, from within 30 days to within 90 days, of a request
for review, by which HCD shall issue written findings as to whether the housing
element of a jurisdiction that was previously found to be noncom pliant has been
found by HCD to be in substantial compliance with state housing element law.
Clarifies that a jurisdiction may not request this review, or bring an action in court
related to HCD's determination, if the jurisdiction is the subject of a lawsuit for
housing element compliance.
3) Allows a council of governments or the fiscal agent of a multiagency working group to
request up to 25 percent of funding available to it under the Local Government Planning
Support Grants program, in advance of requesting the remainder of the funds, to perform
work related to the sixth regional housing needs allocation process beginning on October 1,
2019. Includes the development of an education and outreach strategy in the work that may
be supported by those funds. Requires HCD to award the funds within 30 days of receiving
an application.
4) Appropriates $100,000 to the Department of Finance to study the most effective way to
establish and manage a trust for the National Mortgage Settlement funds described above.
SB 623 (Jackson)-Senior Housing
The Multifamily Housing Program (MHP) finances the new construction, rehabilitation or
acquisition and rehabilitation of permanent or transitional rental housing, and the conversion of
nonresidential structures to rental housing, for lower-income households. Eligible applicants
include local public entities, for-profit and nonprofit corporations, Indian reservations and
Rancherias. In 2018 voters approved Proposition 1, which provided $1.5 billion for MHP.
This bill requires HCD, in determining the proportion of the funds available for senior citizens in
the MHP, use the American Community Survey, instead of the decennial census, from the US
Census Bureau.
Housing Miscellaneous
AB 728 (Santiago)-Homeless Multipurpose Interdisciplinary Teams-Counties Pilot Program
Nov. 12, 2019 Item #11 Page 11 of 31
This bill creates a five-year pilot program in the following counties: Los Angeles, Orange,
Riverside, San Bernardino, San Diego, Santa Clara and Ventura that allows those counties to
expand the scope of a homeless adult and family multidisciplinary personnel team (MDT) to
include serving individuals who are at risk of homelessness. This bill sets parameters for the
application of these MDTs to individuals who are at risk of homelessness, as provided.
1) Expands the scope of an MDT to allow team members to access information for purposes of
coordinating housing and supportive services to ensure continuity of care.
2) Includes case managers or case coordinators responsible for referral linkage, or coordination
of care and services provided to adults or families among the individuals who may be
included on a homeless adult and family MDT.
3) Establishes a five year pilot program to allow Los Angeles, Orange, Riverside, San
Bernardino, San Diego, Santa Clara, and Ventura Counties to expand the reasons for which
they may establish a homeless adult and family MDT to include the expedited identification,
assessment, and linkage of individuals at risk of homelessness and the goal of facilitating the
expedited prevention of homelessness for individuals at risk of homelessness, as specified.
4) Defines "individual at risk of homelessness" as an individual who is indigent or receiving or
eligible to receive public benefits in the form of cash aid, and who meets certain other
conditions related to exiting or having exited certain placements, or presents with or
received services related to health, mental health, or substance use issues, as specified.
5) Provides that the pilot program allowing Los Angeles, Orange, Riverside, San Bernardino,
San Diego, Santa Clara, and Ventura Counties shall remain in effect only until January 1,
2025, and as of that date is repealed.
AB 957-Housing Omnibus
This bill makes non-controversial and non-policy changes to sections of law relating to housing.
Specifically, this bill includes the following provisions, with the proponent of each provision
noted in brackets:
1) Housing element law. There are two enacted versions of Government Code Section
. 65583.2, one currently operative and one that triggers on Jan 1, 2029. The two statutes do
not align. This bill reconciles differences between the two. [Western Center on Law and
Poverty]
2) Dilapidated properties. Health and Safety Code Section 17980.7 allows local enforcement
agencies to petition the court to appoint a receiver to remedy dilapidated properties in their
jurisdiction. This bill creates a logical path for noticing of dilapidated properties by allowing
for the posting of a three-day notice on the substandard property and first-class mailing to
all persons with a recorded interest. [City of Sacramento City Attorney]
3) Housing for a Healthy California. The Housing for a Healthy California program funds
supportive housing for chronically homeless Medi-Cal recipients through both operating
reserve grants and capital loans to developers, and grants to counties for capital and
operating assistance. Current law requires counties to use the grants for both construction
and operation of supportive housing, whereas some counties only need the funding for one
of those. Project-based subsidies should not be based on renewal grants, since grants are
one-time funding. This bill makes technical changes and clarifies that counties are not
required to use grants for both construction and operating costs of supportive housing
units, but can use the grants for one or both. This bill also specifies that operating subsidies
are not subject to renewal grants and clarifies that counties can use the grants for long term
Nov. 12, 2019 Item #11 Page 12 of 31
rental assistance to support supportive housing. [Assembly Housing and Community
Development Committee, Department of Housing and Community Development]
4) No Place Like Home. The No Place Like Home Program was established by the 2016 Budget
Act and dedicates up to $2 billion in bond proceeds to invest in the development of
permanent supportive housing for persons who are in need of mental health services and
are experiencing homelessness, chronic homelessness, or who are at risk of chronic
homelessness. Technical corrections are necessary to more completely convey the ways in
which the state may not act in adverse interest to bondholders. This bill also contain an
urgency clause due to the pending sale of No Place Like Home bonds. [Assembly Housing
and Community Development Committee]
Local Taxes on Housing
AB 1743 (Bloom)-Property Tax Welfare Exemption
Expands the properties that are exempt from community facility district (CFO) taxes to include
properties that qualify for the property tax welfare exemption, and limits the ability for local
agencies to reject housing projects because they qualify for the exemption.
1) Provides that "method of financing" under Zoning and Planning Law includes qualifying for
the welfare exemption.
2) Provides, under the Housing Accountability Act (HAA), that inconsistency with the zoning
ordinance or general plan land use designation or the receipt of a welfare exemption shall
not constitute a specific, adverse impact upon the public health or safety.
3) Adds chaptering language to avoid conflicts with SB 330 (Skinner) and SB 592 (Wiener) of
the current legislative session.
SB 196 (Beall)-Community Land Trust
This bill enacts a new welfare exemption from property tax for property owned by a Community
Land Trust (CLT), and makes other changes regarding property tax assessments of property
subject to contracts with CL Ts.
1) Enacts a new welfare exemption from property tax for property owned by a CLT that
otherwise qualifies as a nonprofit for purposes of the welfare exemption. Property is eligible
for the exemption if:
a) The property is being or will be developed or rehabilitated as an owner-occupied
single-family dwelling, owner-occupied unit in a multifamily dwelling, member-
occupied unit in a limited equity housing cooperative, or as a rental housing
development,
b) Improvements on the property will be available for use and ownership or for rent by
income-qualified persons, and
c) A deed restriction, or other instrument serving as an enforceable restriction, on the
sale or resale value of the owner-occupied units or on the affordability of rental
units is recorded on or before the lien date following the acquisition of the property
by the CLT. The contract, as defined, must be provided to the assessor.
2) Provides that the exemption cannot be denied to a property because it currently does not
contain a single-family dwelling, a unit in a multifamily dwelling, a unit in a limited equity
Nov. 12, 2019 Item #11 Page 13 of 31
housing cooperative, or rental housing development that is in the course of construction, as
defined. ·
3) Extends the exemption through the construction phase until the homes are sold.
4) States that any CLT is liable for property tax if the property was not developed or
rehabilitated, or not in the course of construction within five years of the lien date following
its acquisition of the property, for any years for which the exemption is applied.
5) Requires CL Ts to notify the assessor if the property was granted an exemption under the bill,
but is not in the course of construction within the five-year period.
6) Establishes-a rebuttable presumption that the sale or resale price of the dwelling or unit
includes both the dwelling or unit and the land leased from a CLT on which the dwelling or
unit is situated, but allows the assessor to rebut this presumption, by a preponderance of
the evidence that the leased land's value is not reflected in the sale or resale price of the
dwelling unit.
7) Provides that any corrections of base year values or declines in value resulting from the
application of this rebuttable presumption apply to all lien dates occurring after September
27, 2016, and makes legislative findings and declarations that this change does not
constitute a gift of public funds.
8) Makes conforming changes to sections of law providing for supplemental and escape
assessments to clarify that any such assessment must be made within five years of the lien
date on which the property becomes taxable.
9) Applies to lien dates occurring on or after January 1, 2020, sunsets for lien dates after
January, 2025, but continues the five-year exemption for any qualifying property acquired
between those dates.
10) States legislative intent to comply with the requirements of Section 41 of the Revenue and
Taxation Code.
11) Defines several of its terms.
12) Makes legislative findings and declarations supporting its purposes.
Streamlining Local Housing Decisions
AB 101 (Budget Trailer Bill on Housing Development and Financing)
This bill is a budget trailer bill within the overall 2019-20 budget package to implement actions
related to housing. The additional judicial remedies in this act are intended to be used only as a
last resort where a jurisdiction has continued to not fulfill its responsibilities under housing
element law and disregards the direction of the court.
1) Community-Based Transitional Housing Program Audit. This bill requires the State Office of
Audits and Evaluation to audit the Community-Based Transitional Housing Program, which
provides grants to local jurisdictions to increase the supply of transitional housing available
to recent parolees, and to report the results of the audit to the Joint Legislative Budget
Committee by May 1, 2020. Current law requires the Office of State Audits and Evaluations
to complete the audit and to report to the Joint Legislative Budget Committee by May 1,
2019.
2) Housing Element Compliance, Court Remedies, and Accountability. This bill provides for
certain judicial remedies for violations of the Planning and Zoning Law. Specifically, this bill
requires the Attorney General to request, upon a finding of the court that the housing
Nov. 12, 2019 Item #11 Page 14 of 31
element does not substantially comply, that the court issue an order or judgment directing
the jurisdiction to bring its housing element into compliance, and requires the court to
retain jurisdiction to ensure that its order or judgment is carried out. Once the court
determines that the housing element substantially complies, this bill provides that the court
determination has the same force and effect as HCD's determination that the housing
element substantially complies. If the jurisdiction has not complied with the order or
judgment, the bill provides the court with authority to levy fines and take other
enforcement action. Fines are to be levied between $10,000 and $100,000 per month. The
bill further permits the court to multiply the initial fines described above by a factor of six, if
the court finds that the fines imposed are insufficient to bring the jurisdiction into
compliance with the order or judgment. The court may also require the State Controller to
intercept any available state and local funds and direct such funds to the Building Homes
and Jobs Trust Fund to correct the jurisdiction's failure to pay.
Additionally, this bill creates a "pro-housing policy" incentive scoring system for certain
competitive state-funded housing grant programs, including the Affordable Housing and
Sustainable Communities program, the Transformative Climate Communities program, and
the Infill Infrastructure Grant program. It requires HCD to identify a set of policies identified
as "pro-housing," and to designate local jurisdictions as pro-housing based on their adoption
of these policies. It requires the departments operating the identified programs to award
jurisdictions designated as pro-housing additional points in scoring their applications for
awards from these programs.
3) low-Barrier Navigation Centers. This bill makes statutory changes to streamline approval of
low-barrier navigation centers. Specifically, this bill defines low-barrier navigation centers as
high-quality, low-barrier, service-enriched shelters focused on moving people into
permanent housing while connecting them with services. It, until January 1, 2027, requires
low-barrier navigation center developments to be a use by right, as defined, in areas zoned
for mixed uses and nonresidential zones permitting multifamily uses if the development
meets certain requirements.
4) SB 35 Clean Up. This bill requires that the calculations to determine whether or not a
project qualifies for a streamlined approval process based on the square footage of the
project devoted to residential use include additional density, floor area, units, and other
concessions granted pursuant to the existing Density Bonus Law. It also prohibits such a
project from being sited on a hazardous waste site unless the site has been cleared for
residential use by the State Department of Public Health, State Water Resources Control
Board, or the Department of Toxic Substances Control.
5) Homeless Housing, Assistance, and Prevention Program. This bill provides for the
distribution of $650 million in funds to assist local governments in addressing homelessness.
Specifically, provides that $275 million be provided to cities with a population greater than
300,000 individuals, $175 million to counties, and $190 million to HUD-designated
Continuums of Care. Defines each jurisdiction's share of the funds as based on their share of
the 2019 point-in-time count of homeless individuals unless a jurisdiction can demonstrate
that a significant change in methodology occurred since the last point-in-time count. Defines
eligible uses as activities that prevent homelessness, provide support to homeless
individuals, and help move homeless individuals to permanent housing.
Nov. 12, 2019 Item #11 Page 15 of 31
Requires app licants for funds to demonstrate efforts at regional coordination in their
application, and to demonstrate how the requested funds will close existing gaps in
addressing homelessness. Places certain reporting requirements on jurisdictions receiving
these funds.
6} local Government Planning Support Grants Program. This bill provides for the division of
$250 million in planning grants between regional governing entities and local jurisdictions.
Specifically, this bill provides $125 million to regional entities and $125 million to local
jurisdictions for technical assistance, preparation and adoption of planning documents, and
process improvements to accelerate housing production and facilitate compliance to
implement the sixth cycle of the Regional Housing Need Assessment process.
7) Joe Serna, Jr. Farmworker Housing Program. This bill allows the Program to charge an
annual monitoring fee, not to exceed 0.42 percent of annual loan payment amounts, to fund
ongoing monitoring and compliance work. Removes a requirement for matching funds, and
lower the amount of funding required to be set aside in case of loan defaults to 1.5 percent.
These changes aligns the Program with other multifamily housing programs at HCD.
8) Ca/Home Program. This bill allows the Cal Home Program to include auxiliary dwelling units
and junior ADUs, and to authorize the Program to make grants for housing purposes in
declared disaster areas. Specifically, this bill includes a provision to serve moderate income
families in disaster areas only. The language requires awardees (local government and
nonprofits) who serve moderate income households to demonstrate to HCD how they will
continue to serve low-income households.
9) local Housing Trust Fund Program. This bill allows the Local Housing Trust Fund to make
matching grants to Native American Tribes, and to increase the minimum size of awards to
various local trusts. Under current law, the minimum allocation is $500,000 for newly
established housing trusts and $1 million for trusts that have previously received funds from
the program. The maximum allocation is $2 million for new trusts and $1 million for trusts
that have previously received funds through the program. This bill allows HCD to increase
the minimum program allocation above $500,000 and $1 million as appropriate.
10) Infill Infrastructure Grant Program of 2019. This bill provides for the distribution of $500
million in grants to fund infrastructure improvements like water, sewer, other utility service
improvements, streets, roads, other transit linkages, sidewalks, and other streetscape
improvements for eligible cities and counties. This bill provides that $90 million shall be set
aside for an over the counter program for counties with a population of less than 250,000 as
of January 1, 2019, or any city within those counties, and $410 million for a competitive
grant program for larger jurisdictions. This bill requires eligible applicants to demonstrate a
compliant housing element, be current on submittal of the annual progress report, and
show that the infrastructure improvements that will be funded by this Program support
housing, which includes a 15 percent affordability requirement.
11} low Income Housing Tax Credits Program. This bill provides for the allocation of $500
million in new state low-income housing tax credits for new construction projects that
receive the federal four percent tax credit. For these new credits, this bill increases the
Nov. 12, 2019 Item #11 Page 16 of 31
eligible basis for these projects from 13 percent to 30 percent. It requires at least $300
million of this to be available to new construction projects receiving the federal four percent
tax credit, and allows up to $200 million to be available to projects receiving assistance from
the California Housing Finance Agency (CalHFA) Mixed Income Program . Additionally, it
provides that in calendar year 2020, projects will follow the project volume cap and four
percent federal tax credit allocation criteria required under current law, and requires the
California Tax Credit Allocation Committee to develop a new methodology to award
allocations for the 2021 calendar year and each year thereafter. It lifts the $75,000 cap on
state housing tax credits that are allowed to be claimed per calendar year by each
individual, including for those tax credits allocated via the legacy program not funded
through this bill. It makes permanent the ability of developers to sell the credits to an
unrelated investor, rather than requiring the investor to be a partner in the development. It
also makes permanent the ability of a developer to sell state credits to investors who are
not also buying federal tax credits. It provides a 95 percent eligible basis boost to certain
preservation projects eligible through the legacy tax credit program not funded through this
bill. Lastly, it makes the Executive Director of CalHFA and the Director of HCD voting
members of the California Tax Credit Allocation Committee.
12) Housing First Parolee Programs. This bill requires programs that fund recovery housing to
comply with Housing First principles by July 1, 2020 instead of July 1, 2019. It requires
departments that operate such facilities to consult with the Legislature, the Business,
Consumer Services, and Housing Agency, and program stakeholders on ways to improve the
provision of housing to program participants in the interim. It requires departments that
operate such programs to report to the Senate and Assembly Budget Committees by March
1, 2020, on efforts to improve the provision of housing to program participants generally,
and to comply with Housing First specifically.
13) Mixed Income Program. This bill appropriates $500 million for CalHFA's Mixed Income
Program, which provides financing for mixed-income housing developments.
AB 116 (Ting)-Enhanced Infrastructure Financing Districts
Modifies the requirement that Enhanced Infrastructure Financing Districts (EIFDs) receive voter
approval prior to issuing bonds.
Specifically, this bill:
1) Deletes the existing election and 55% voter approval requirements for EIFDs to issue bonds.
2) Specifies that the public financing authority (PFA) shall consider adoption of the enhanced
infrastructure financing plan at three public hearings that shall take place at least 30 days
apart.
3) Requires specific actions to be taken by the PFA during each hearing.
4) Requires each hearing to be publicly noticed and specifies the information that shall be
included in each hearing notice.
5) Provides that the PFA shall terminate the proceedings if there is a majority protest; requires
an election to be called if between 25% and 50% of the combined number of landowners
and residents file a protest; and, specifies that if less than 25% of the combined number of
landowners and residents, the PFA may adopt the plan at the conclusion of the third public
hearing by ordinance.
Nov. 12, 2019 Item #11 Page 17 of 31
6) Prohibits the PFA from proposing a new or revised plan to the affected landowners and
residents for at least one year following the date of an election in which the plan was
rejected .
7) Requires the PFA to review the plan at least annually.
8) Specifies that the PFA shall adopt an annual report on or before June 30 of each year after
holding a public hearing, and provides that the annual report shall contain specific
information.
9) Requires specified information to be included in the resolution adopted by the PFA to issue
bonds.
AB 139 (Quirk-Silva)-Emergency and Transitional Housing Act of 2019
Requires a local government to base the needs for emergency shelter in its housing element on
the most recent homeless point-in-time count conducted before the start ofthe planning
period, the need for emergency shelter based on number of beds available on a year-round and
seasonal basis, the number of shelter beds that go unused on an average monthly basis within a
one-year period, and the percentage of those in emergency shelters that move to permanent
housing solutions.
1) Clarifies that the emergency shelter zone shall include sufficient capacity to accommodate
the need for emergency shelter. "Sufficient capacity" means a zone or zones necessary to
accommodate a combination of the local government's extremely low-income regional
housing need allocation and the most recent homeless point-in-time count.
2) Clarifies that shelters in emergency shelter zones shall only be required to include sufficient
parking to accommodate all staff working in the shelter, provided that the standards do not
require more parking for emergency shelters than other residential or commercial uses
within the same zone.
3) Adds that, in a housing element's assessment of special housing needs, the need for
emergency shelters shall be assessed based on the number of beds available on a year-
round and seasonal basis, the number of shelter beds that go unused on an average
monthly basis within a one-year period, and the percentage of those in emergency shelters
that move to permanent housing solutions.
4) Requires the Council of Governments or HCD to include the housing needs of individuals and
families experiencing homelessness in developing the methodology that allocates regional
housing needs. If a !=Ouncil of governments has surveyed each of its member jurisdictions, as
specified, on or before January 1, 2020, this requirement only applies to the development of
methodologies for the seventh and subsequent revisions of the housing element.
5) Requires each local government to also evaluate as frequently as appropriate the
effectiveness of the housing element goals, policies, and related actions to meet the
community's needs, including the needs for emergency shelters.
AB 1483 (Grayson)-Housing Data
This bill:
1) Requires a city, county, or special district that has an Internet Web site to post on their Web
sites the following information, as applicable:
a) A current schedule of mitigation fees, exactions, and affordability requirements, as
defined, imposed by the city, county, or special district, including any dependent special
districts of the city or county, applicable to a housing development project, in a manner
that clearly identifies the fees that apply to each parcel.
Nov. 12, 2019 Item #11 Page 18 of 31
b) All zoning ordinances and development standards, including which standards apply to
each parcel.
c) A list that cities and counties must develop under existing law of projects located within
military use airspace or low-level flight path.
d) The current and five previous annual fee reports or the current and five previous annual
financial reports that local agencies must compile under to existing law.
e) An archive of impact fee nexus studies, cost of service studies, or equivalent, conducted
by the city, county, or special district on or after January 1, 2018.
2) Requires a city or county to update the information required in 1) above, within 30 days of
the changes.
3) Provides that these provisions shall not be construed to alter the existing authority of a city
or county to adopt or impose an exaction or fee.
4) Requires HCD, as part of its next revision of the statewide housing plan on or after January
1, 2020, and each revision thereafter, to include a 10-year housing data strategy that
identifies the data useful to enforce existing housing laws and inform state housing
policymaking. In developing this strategy, HCD shall establish a workgroup, as specified . The
strategy must include, but is not limited to, the following:
a) An evaluation of data priorities.
b) A strategy for how to achieve more consistent terminology for housing data across
the state.
c) An evaluation of costs and benefits of, and the ways HCD could support, a more
integrated digital land use management system, building permit application
management system, and other tools that wo.uld minimize resources needs for
jurisdictions to submit required data.
d) Information that should be reported in annual progress reports {APRs), as specified.
e) An assessment of the quality of data submitted in the AP Rs, recommended changes
to APR requirements, and technical assistance needed.
f) An assessment of the nature and cost of staffing and technology necessary for HCD
and local governments to meet data goals and requirements over the 10-year
strategy period.
AB 1485 (Wicks)-Housing Streamlining
Makes various changes to SB 35 {Wiener) Chapter 366, Statutes of 2017, to allow for
streamlining of housing developments that include a percentage of low income and/or
moderate income housing.
1) Provides that a developer of a project is also eligible for streamlined approval under SB 35 if
it meets one of the following requirements:
a) A jurisdiction fails to produce its annual report or that production report reflects that
there were fewer units of above moderate-income housing issued building permits than
were required for the regional housing needs assessment cycle for that reporting
period.
b) The project in the San Francisco Bay Area contains 10 or more units and it dedicates
20% of the total number of units to housing affordable to households making below
120% of the area median income with the average income of the units at or below 100%
of the area median income.
i. A local ordinance adopted by the locality applies if it is greater than 20% of the
units be dedicated to housing affordable to households making below 120% of
)
Nov. 12, 2019 Item #11 Page 19 of 31
the area median income or requires that any of the units be dedicated at a
deeper level than 120%; and
ii. In order to comply, the rent or sale price charged for units shall not exceed 30%
of the gross income of the household.
2) Requires that underground space such as garages and basements shall not be considered
part of the square footage of the development.
3} Provides that if other state or local programs require the dedication of affordable housing
units or fees, the requirements of those program shall be treated separately or additively
and not additionally applied to a housing development project in addition to those already
required under SB 35.
4) Provides that a development shall be deemed consistent with objective planning standards
if there is substantial evidence that would allow a reasonable person to conclude that the
development is consistent with such objective planning standard.
5) Allows a permit for a project with fewer than 50% affordable units to remain valid for three
years or if litigation is filed challenging the approval, from the date of any final judgement
upholding the approval, and shall remain valid so long as vertical construction is in progress.
6} Requires any permits subsequent to the streamlined, ministerial approval, such as
demolition, grading, and building permits or, if required, final map, to be issued if the
application substantially complies with the development as it was approved, as specified.
Upon receipt of the application, the local government shall process subsequent permits
without UliJreasonable delay and shall apply the same procedures and requirements on all
projects.
7) Declares that SB 35 projects are eligible for protections under the Housing Accountability
Act.
AB 1763 (Chiu)-Density Bonuses/Affordable Housing _
Revises Density Bonus Law (DBL) to require a city or county to award a developer additional
density, concessions and incentives, and height increases if 100% of the units in a development
are restricted to lower income households.
1} Deletes the option for developers to request an enhanced density bonus within one-half
mile of a "high quality transit corridors."
2) Allows for 20% of the units in a qualifying development to be for moderate income
households.
3) Provides that if a development provides 100% units affordable to lower-income households,
and is either a special needs housing development or a supportive housing development,
then the local government shall not impose any minimum parking requirements. A
development that is special needs housing development shall have either paratransit service
or unobstructed access, within 1/2 mile, to fixed-bus route service that operates at least
eight times a day.
4) Clarifies that if a development receives a waiver from maximum density controls as
specified, the development shall not be eligible for a waiver or reduction of any other
additional development standards under density bonus law.
SB 234 (Skinner)-Family Daycare Homes
1} Revises and recasts legislative findings and declarations regarding the shortage of regulated
childcare, the importance of regulated childcare, and the need to promote the development
and expansion of regulated childcare.
Nov. 12, 2019 Item #11 Page 20 of 31
2) Expands the purpose of the California Child Day Care Facilities Act (CDCFA) to include
promoting the development and expansion of regulated childcare.
3) Modifies the definitions of a "large family daycare home" and "small family daycare home"
to include that the care, protection and supervision of children takes place in a facility, as
specified.
4) Provides that a small family daycare home or large family daycare home includes a detached
single-family dwelling, a townhouse, a dwelling unit within a dwelling, or a dwelling unit
within a covered multifamily dwelling in which the underlying zoning allows for residential
uses. Further provides that a small or large family daycare home is where the daycare
provider resides, and includes a dwelling or a dwelling unit that is rented, leased, or owned.
5) Revises and recasts provisions of law regarding licensed large and small family daycare
homes in order to:
a) Require local governments to treat licensed large family daycare homes as a
residential use of property for the purposes of all local ordinances, giving large
family daycare homes the same status as small family daycare homes with regard to
local ordinances.
b) Update housing protections for licensed family daycare providers to ensure they will
no.t be prohibited from living in a home solely based on the fact that they are
operating a family daycare home.
c) Clarify that licensed family daycare homes are permitted to operate in apartments
and other types of multifamily units.
d) Clarify that family daycare providers may be subject to remedies and procedures
available to them under the Fair Employment and Housing Act (FEHA) based on
potential violation of the CDCFA.
e) Require State Fire Marshal to update the building and fire standards relating to life
and fire safety for large and small family daycare homes, as provided.
f) Provide that the use of a home as a small or large family daycare home shall be
considered a residential use of property and a use by right for the purposes of all
local ordinances, including, but not limited to, zoning ordinances.
6) Requires California Department of Social Services to, during the license application process
for a small or large family daycare home, notify the applicant that defined remedies and
procedures relating to fair housing are available to family daycare home providers, family
daycare home provider applicants, and individuals who claim that any specified protections
have been denied.
7) Provides that this bill does not alter the existing rights of landlords and tenants with respect
to addressing and resolving issues related to noise, lease violations, nuisances, or conflicts
between landlords and tenants.
SB 330 (Skinner}-Housing Crisis Act of 2019
This bill establishes the Housing Crisis Act of 2019, which, until January 1, 2025, places
restrictions on certain types of development standards, amends the HAA, and makes changes to
local approval processes and the Permit Streamlining Act.
Restrictions on local Government
1) Defines "affected city" to mean a city, including a charter city, that is an urbanized area or
urban cluster and defines affected county to mean a census designated place that is wholly
located within an urbanized area, as specified, and provides that these terms include the
electorate of those jurisdictions.
Nov. 12, 2019 Item #11 Page 21 of 31
2) Requires HCD to identify affected cities and counties by June 30, 2020, but allows HCD to
update the determination after the 2020 census. This determination remains valid until
January 1, 2025.
3) Prohibits an affected city or county, with respect to land where housing is an allowable use,
from enacting a development policy, standard, or condition that would have any of the
following effects:
i. Changing the general plan land use designation, specific plan land use designation,
or zoning of a parcel to a less intensive use or 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 under the land use
designation and zoning ordinances of the affected county or affected city as in
effect January 1, 2018. Less intensive uses means reductions in height, density, floor
area ratio, new or increased open space or lot size requirements, or new or
increased setback requirements, minimum frontage requirements or maximum lot
coverage limitations or anything that would lessen the intensity of housing.
ii. Imposing a moratorium or similar restriction or limitation on housing development,
including mixed-use development, within all or a portion of the jurisdiction, other
than to specifically protect against an imminent threat to health and safety. An
affected city or county cannot enforce a moratorium until HCD approves it.
iii. Imposing or enforcing design review standards established after January 1, 2020, if
the standards are not objective.
iv. Limiting the number of land use approvals or permits necessary for the approval and
construction of housing that will be issued or allocated within all or a portion of the
affected city or county.
v. Capping the number of housing units that can be approved or constructed either
annually or for some other period of time.
vi. Limiting the population of the affected city or county.
4) Provides that an affected city or county may enforce a limit on a number of approvals or
permits or a cap on the number of housing units that can be approved or construction if the
limit was approved by voters prior to January 1, 2005, and the affected city or county is
located in a predominantly agricultural county, as defined.
5) Allows an affected city or county to change land use designations or zoning ordinances to
allow for less intensive uses if it concurrently changes the density elsewhere to ensure that
there is no net loss in residential capacity.
6) Provides that the above restrictions do not limit specified provisions in existing law,
including the California Coastal Act of 1976 {Coastal Act) and compliant local coastal plans,
the California Environmental Quality Act {CEQA), a local policy to develop affordable
housing, an urban grown boundary, height limit, or urban limit that complies with other
specified provisions of the bill.
7) Provides an affected city or county may only approve a housing development that requires
the demolition of residential units if the project will create at least as many residential
dwelling units as will be demolished.
8) Allows an affected city or county to only approve a housing development that requires the
demolition of protected units, as defined, if all the following apply:
i. The The project will replace all existing or demolished protected units, as specified.
Those units count towards meeting specified inclusionary housing requirements.
Nov. 12, 2019 Item #11 Page 22 of 31
ii. The housing development project will include at least as many residential dwelling
units as the greatest number of residential dwelling units that existed on the project
site within the last five years.
iii. Existing residents are allowed to occupy their units until six months before the start
of construction activities.
iv. The developer agrees to provide: relocation benefits to the occupants of those
affordable residential rental units, and a right offirst refusal for units available in
the new housing development affordable to the household at an affordable rent.
9) Provides that the requirements in h) do not supersede more protective local ordinances.
10) Applies the provisions in h) and i) only to housing projects that submit a complete
application under the permit streamlining act on or after January 1, 2020.
11) Exempts from all of the above provisions housing developments in very high fire hazard
severity zones, as defined.
12) Sunsets these provisions on January 1, 2025.
Development Application Processes and Timelines
1) Provides that if a housing development project complies with the applicable objective
general plan and zoning standards in effect at the time an application is deemed complete, a
city or county shall not conduct more than five hearings as specified, in connection with the
approval of that housing development project, consistent with the timelines under the
Permit Streamlining Act.
2) Requires the city or county shall consider and either approve or disapprove the application
at any of the five hearings.
3) Requires a local government to make a determination of whether the site of a proposed
housing project is a historic site when the application is deemed complete under the Permit
Streamlining Act, unless any archaeological, paleontological, or tribal cultural resources are
encountered during any grading, site disturbance, or building alteration activities, and
provides that this requirement does not affect CEQA or the Coastal Act.
4) Establishes a procedure for filing an initial application and provides that a housing
development project shall be deemed to have a complete initial application upon providing
specified information, as specified.
5) Requires HCD to adopt a standardized form that applicants for housing development
projects may use for the purpose of satisfying the requirements for submittal of a complete
initial application.
6) Provides that if a project proponent revises the project to change the square footage or
number of units by 20% or more, excluding density bonus, the proponent will no longer be
deemed to have submitted a preliminary application.
7) Requires a development proponent to submit a full development application within 180
days of the submittal of a preliminary application.
8) Requires, if a development application is determined to be incomplete, the lead agency shall
provide the development project applicant with an exhaustive list of items that were not
complete. The list shall be limited to those items required on the lead agency's submittal
requirement checklist. In any subsequent review of the application determined to be
incomplete, the local agency shall not request the applicant to provide any new information
that was not stated in the initial list of items that were not complete. When determining if
the application is complete, the local agency must limit its review to determining whether
the application includes the missing information.
9) Establishes additional procedures for review, as specified.
Nov. 12, 2019 Item #11 Page 23 of 31
10) Reduces the time that a local government must approve or disapprove an application under
the permit streamlining act from 120 to 90 days for a housing project that requires CEQA
review and from 90 to 60 days if a housing project is at least 49% affordable units.
11) Sunsets these provisions pertaining to the development application processes and timelines
on January 1, 2025.
Housing Accountability Act
1) Prohibits a local agency from applying ordinances, policies, and standards to a development
after a preliminary application containing all the required information is submitted.
2) Allows local governments to apply new standards after the preliminary application is
submitted in specified circumstances, as follows:
a) If a fee or exaction is increased automatically for inflation.
b) A preponderance of the evidence indicates that the development would have a
specific, adverse impact on health or safety and there is no feasible alternative to mitigate it.
c) To mitigate an impact under the California Environmental Quality Act.
d) Construction has not begun within two and a half years following final approval of
the project, as defined.
e) The project is revised to increase the square footage or number of units by 20
percent, exclusive of density bonus increases.
3) Allows a local agency to subject new square footage or units to the ordinances, policies, and
standards in effect when the preliminary application is submitted.
4) Allows a development applicant, a person who would be eligible to apply for residency in a
proposed development, or a housing organization, to file a lawsuit if a local agency requires
a housing development project to comply with an ordinance, policy, or standard not
adopted and in effect when a preliminary application was submitted.
5) Sunsets these provisions pertaining to the Housing Accountability Act on January 1, 2025.
Surplus Lands
AB 1255 (R.Rivas)-Surplus Public Land Inventory
Requires each city and county to report to HCD an inventory of its surplus lands located in
urbanized areas or urban clusters, as specified. Requires HCD to provide this information to the
state Department of General Services {DGS) for inclusion in a digitized inventory of state surplus
land sites.
1) Deletes the requirement that loca.1 governments include an inventory of surplus sites that
are infill, "high-density" sites in the housing element and that the DGS create a searchable
database of surplus sites.
2) Requires each city and county to make a central inventory, on or before December 31st of
each year, of its surplus land and any land it owns or controls that is in excess of its
foreseeable needs and is located in an urbanized area and urban cluster within its
jurisdiction.
3) Requires each city and county to report to HCD by April 1st of each year as part of its annual
production report {APR), beginning in 2021, a description of each parcel included in the
inventory. Requires this information to also be made public record. Allows HCD to delay
implementation until 2022. Requires the information to include, for each site:
a) Street address or similar location information.
b) Assessor's parcel number.
Nov. 12, 2019 Item #11 Page 24 of 31
c) Existing use.
d) Whether the site is surplus land or exempt surplus land.
e) Size in acres.
4) Requires each local agency to, upon request, provide a list of its surplus lands free of charge.
AB 1486 (Ting)-Surplus Land
This bill expands Surplus Land Act requirements for local agencies, requires local governments
to include specified information relating to surplus lands in their housing elements and annual
progress reports {AP Rs), and requires HCD to establish a database of surplus lands, as specified.
Surplus land Act
1) Clarifies the public agencies to which the Surplus Land Act applies and revises the definition
of (/surplus land."
2) Expands the list of exemptions from the Surplus Land Act to include, among other things,
surplus land that is put out to open, competitive bid by a local agency for either:
a) A housing development that restricts 100% of units to low-or moderate-income
households, with at least 75% of units restricted to low-income, for at least 55
years, with a maximum affordable sales price or rent level that does not exceed 20%
below median market rents or sales prices for the neighborhood in which the
development is located.
b) A mixed-use development that includes at least 300 units and restricts at least 25%
of the units to lower-income households, with an affordable sales price or rent level,
for at least 55 years.
3) Requires a local agency that is disposing of surplus land for purpose of developing low-and
moderate-income housing to send a notice of availability; as specified, to housing sponsors
that have notified HCD (rather than the appropriate council of governments) of their
interest. Requires HCD to maintain a list of all notices of availability on its website.
4) Prohibits the negotiations between a disposing agency and interested entities to determine
price and terms to:
a) Disallow residential use of the site as a condition of its sale or lease.
b) Reduce the allowable number of residential units or the maximum lot coverage
below what may be allowed by zoning or general plan requirements.
c) Require as a condition of sale or lease, any design standards or architectural
requirements that would have a substantial adverse effect on the viability or
affordability of a housing development for very low-, low-, or moderate-income
households, other than the minimum standards required by general plan, zoning,
and subdivision standards and criteria.
Surplus land database
1) Requires, rather than authorizes, each local agency to make a central inventory of all its
surplus land on or before December 31st of each year, as specified.
2) Requires each local agency to report to HCD by April 1st of each year, beginning in 2021, a
description of each surplus land parcel, in a form prescribed by HCD.
3) Requires each local agency to, upon request, provide a list of its surplus land free of charge.
4) Requires HCD to create by September 30, 2021, and to maintain, and annually update, a
searchable and downloadable public inventory on its website of all publicly owned or
· controlled lands, and their present uses, as reported to HCD.
Nov. 12, 2019 Item #11 Page 25 of 31
Surplus land Act violations
1) Requires a local agency, prior to agreeing to the terms for the disposition of surplus land, to
provide specified information about its disposition process to HCD. Requires HCD to submit
to the local agency, within 30 days, written findings of any process violations that have
occurred. Provides the local agency at least 30 days to either correct the violations or adopt
a resolution with findings explaining why the process is not in violation.
2) Provides that a local agency that disposes of land in violation of this bill following a
notification from HCD is liable for a penalty of up to 50% of the final sale price. Penalty
assessments shall be deposited into a local housing trust fund, the state Building Homes and
Jobs Fund, or the Housing Rehabilitation Loan Fund, as specified.
3) Adds Surplus Land Act violations to the list of violations HCD may notify the Attorney
General about.
Housing element and APR requirements
1) Requires a housing element's site inventory to include, for non-vacant sites that are owned
by the city or county, a description of whether there are plans to dispose of the property ·
during the planning period and how the city or county will comply with the Surplus Land Act.
Sunsets this provision on Dec. 31, 2028.
2) Requires a local agency's APR to include a list of sites owned by the city or county, and
included in its housing element inventory, that have been sold, leased, or otherwise
disposed of in the prior year. The list shall include the entity to whom each site was
transferred and the intended use for the site.
SB 6 (Beall)-Residential Development/ Available Land
1) Requires HCD, on or before December 31st each year, to provide to DGS a list of lands
suitable and available for residential development as identified by local governments in their
housing elements.
2) Requires DGS to create a database of this information, as well as information on excess or
surplus state lands, and to make this database available to and searchable by the public
through its Web site.
3) Requires each local government, for housing elements adopted or amended on or after
January 1, 2021, to submit an electronic copy of its housing element inventory to HCD.
Tenant Protections
AB 222 (Hill)-Discrimination-Veterans or Military Status
Prohibits discrimination in housing accommodations based on military or veteran status. Also
prohibits landlords and housing owners.from discriminating against tenants who receive
Veterans Affairs Supportive Housing vouchers.
1) Adds veteran or military status to the protected categories under numerous provisions of
state law barring housing discrimination.
2) Authorizes the Department of Fair Employment and Housing, upon the request of certain
parties, to provide assistance to communities and persons in resolving disputes,
disagreements, or difficulties relating to discriminatory practices based upon military or
veteran status
Nov. 12, 2019 Item #11 Page 26 of 31
3) Expands the definition of "source of income" protected from discrimination by landlords and
housing owners under the FEHA to include federal Department of Housing and Urban
Development Veterans Affairs Supportive Housing vouchers.
AB 1110 (Friedman)-Rent Increase Notices
Extends the notice period to which tenants are entitled for annual rent increases of more than
10% on month-to-month residential tenancies. Under current law, tenants are given 30 days'
notice of rent increases up to 10% and 60 days' notice of rent increases above 10%. Under this
bill, tenants would receive 90 days' notice of rent increases above 10%.
AB 1188 (Gabriel)-Persons at Risk of Homelessness
This bill allows a tenant, with the written approval of the landlord, to take in a person who is at
risk of homelessness, as defined, pursuant to written agreements that would, among other
things, enable the tenant to remove the person at risk of homelessness on short notice with the
assistance of the police.
1) Expresses the intent of the Legislature in enacting this provision to assist those at risk of
homelessness and to encourage landlords and tenants to permit such persons to
temporarily reside on their property.
2) Defines a "person at risk of homelessness," for the purposes of this provision in accordance
with federal law as set forth above, with the exception that the bill includes within the
definition people who have support networks immediately available to them.
3) Permits a tenant, with the written approval of the landlord, to temporarily permit the
occupancy of their dwelling unit by a person who is at risk of homelessness.
4) Provides that nothing in this provision shall be construed to compel a landlord or property
owner to agree to permit the occupancy of the person at risk of homelessness in the unit.
5) Permits an owner or landlord to increase the rent payable under the lease or rental
agreement during the time the person who is at risk of homelessness is occupying the
tenant's dwelling unit, as compensation for the occupancy of that person.
6) Provides that the terms regarding the rent payable shall be agreed to in writing by the .
owner or landlord and the tenant and shall be consistent with any applicable rent
stabilization law or regulation.
7) Provides that if the person at risk of homelessness moves out during the term of the lease or
rental agreement to which the tenant was already subject, the landlord shall adjust the rent
back to the amount that was due from the tenant prior to the time the person at risk of
homelessness occupied the unit, plus any lawful intervening rent increases not based upon
the occupancy of the person at risk of homelessness.
8) Provides that the tenant shall be liable for the timely and total payment of the rent,
pursuant to the lease or property agreement, in its entirety.
9) Provides that the person at risk of homelessness shall have the rights and obligations of a
lodger under California law, except that termination of person at risk of homelessness' right
to occupy the premises shall be governed exclusively by the terms of this bill.
10) Provides, unless otherwise agreed upon by all parties, that:
a) The tenant shall be liable for the actions of the person at risk of homelessness to the
extent those actions are bound by the terms of the lease or property agreement to
which the tenant was already subject, and the tenant shall inform that person of all
rules and regulations applicable to the premises, and occupants thereof;
Nov. 12, 2019 Item #11 Page 27 of 31
b) The tenant and the landlord shall enter into a written agreement, signed by both
parties, that the tenant is liable for the actions of the person at risk of
homelessness, as provided above;
c) The written agreement pursuant to subdivision b) shall provide that failure by the
tenant to terminate the occupancy of the person at risk of homelessness upon that
person's violation of the rules and regulations pursuant to the lease or property
agreement of the tenant could result in termination of the lease or property
agreement of the tenant;
d) The tenant shall provide the person at risk of homelessness with a copy of the lease
or property agreement with the landlord to which the tenant was already subject;
e) The tenant and the person at risk of homelessness shall enter into a written
agreement, signed by both parties, that includes that the person at risk of
homelessness will abide by the rules and regulations of the lease to which the
tenant was already subject; and
f) The tenant shall provide the person at risk of homelessness and the landlord with a
copy of the signed written agreement described above.
11) Provides that a landlord must give a tenant the notice and an opportunity to cure any
alleged lease violation committed by the person at risk of homelessness. Specifies that
termination of the occupancy of the person at risk of homelessness shall constitute cure of
the violation in such a situation.
12) Provides that the person at risk of homelessness' right to occupy the premises will terminate
on the earlier of the following:
a) The date agreed upon by the landlord;
b) The termination of the tenant's tenancy for any reason;
c) The tenant vacating the premises;
d) At least seven days after the tenant provides notice to the person at risk of
homelessness, unless:
i. The landlord has served the tenant with a three day notice to cure a
violation of the lease, in which case only 24 hours' notice to the person at
risk of homelessness is required; or
ii. The person at risk of homelessness has engaged in criminal conduct on the
premises, in which case no notice is required.
13) Authorizes the removal of the person at risk of homelessness from the premises as a
trespasser if the person at risk of homelessness remains after termination of the right to
occupy.
14) Exempts federal Section 8 housing (42 U.S.C. Sec. 1437, et seq.) .or any other federally-
funded or assisted low-income housing from this provision.
15) Clarifies that this section is not intended to supersede any other applicable law or regulation
governing the ability of tenants to add additional members to their household.
16) Sunsets after three years on January 1, 2024.
AB 1232 (Gloria)-Affordable Housing-Weatherization
This bill proposes three things in relation to operation of the Low-Income Weatherization
Program:
1) A study of impacts of the Program on rental rates;
2) Greater collaboration between government health and environmental agencies; and
3) Clarification of funding distribution timelines.
Nov. 12, 2019 Item #11 Page 28 of 31
This bill:
1) Directs California Department of Community Services and Development (CSD), by
January 1, 2021, to coordinate with the California Energy Commission and the State
Department of Public Health's Office of Health Equity to identify best practices from
model programs and funding mechanisms, and provide a recommended action plan to
do all of the following:
a) Ensure greater cross-referrals, as specified;
b) Promote projects that include energy improvements, as specified; and
c) Create mechanisms for enforcing state energy upgrade program requirements
to maintain the affordability of benefiting units to low-income tenants.
2) Directs CSD, in coordination with relevant agencies, to provide an assessment of the
effectiveness of the program on or before January 1, 2023 . The assessment shall contain
all of the following:
a) A compilation of actual rates of rent increases and of tenant long-term
relocation or eviction, for any reason, after energy upgrades received with the
goal of better enforcing or adjusting affordability contracts and measures;
b) A summary of the total number of properties that are not regulated by deed
restrictions or other legally binding provisions that are below market rate
multifamily affordable housing buildings and that are participating in the
program; the marketing and outreach efforts of the department or the
appropriate administrator pursued for this market segment; and the reasons
given for nonparticipation, if any; and
c) In coordination with participating public health programs, a database of
conditions found in homes that impact or could impact health negatively
encountered when doing energy or health audits to track neighborhood
hotspots and provide data for environmental screening and social determinants
of health tools.
3) Clarifies that an eligible expenditure of Greenhouse Gas Reduction Fund money
appropriated to the CSD may occur over multiple fiscal years and CSD may make
multiyear funding commitments over a period of more than one fiscal year.
4) Makes other conforming and technical changes .
AB 1399 {Bloom)-Rent Control/Withdrawal of Accommodations
1) Provides that if an owner of the accommodations elects to offer the accommodations again
within 10 years, the payment of punitive damages shall not be construed to extinguish the
owner's obligation to first offer the unit to the tenant or lessee displaced from that unit by
the withdrawal.
2) Establishes that provisions related to persons 62 years or older apply to those who have
lived in their accommodations or unit within the accommodations.
3) Establishes that, in the situation in which a tenant is 62 years or older or disabled and the
withdrawal is extended to one year, an owner may elect to extend a tenancy on any other
unit within the accommodations up to one year. Within 90 days of date of delivery to the
public entity of the notice of intent to withdraw, the owner shall give written notice of the
owner's election to extend a tenancy and the revised date of withdrawal to both the public
entity and any tenant or lessee whose tenancy is extended.
4) Requires the date of withdrawal for the accommodations as a whole to be the latest
termination date among all tenants within the accommodations, as stated in the notices. An
Nov. 12, 2019 Item #11 Page 29 of 31
owner's further voluntary extension of a tenancy beyond the date stated in the notices shall
not exceed the date of withdrawal.
5) States that the Legislature does not intend to allow an owner to:
a) Withdraw from rent or lease less than all of the accommodations.
b) Decline to make a written re-rental offer to any tenant or lessee who occupied a
unit at the time when the owner gave the public notice of its intent to withdraw, as
specified. The requirements shall not apply to:
i. A unit that was the principal place of residence of any owner or owner's
family member at the time of withdrawal, provided that it continues to be
those person's principal place of residence when accommodations are
returned to the rental market.
ii. A unit that is the principal place of residence of an owner when the
accommodations are returned to the rental market, if it is the owners'
principal place of residence, at the time of the return to the rental market. If
the owner vacates the unit within 10 years of the date of withdrawal, the
owner shall, within 30 days, offer to re-rent if required.
AB 1482 {Chiu)-Tenant Protection Act of 2019
This bill limits rent-gouging in California by placing an upper limit on annual rent increases: 5%
plus inflation, or 10%, whichever is less. To prevent landlords from engaging in rent-gouging by
evicting tenants, this bill also requires that a landlord have and state a just cause, as specified, in
order to evict tenants who have occupied the premises for a year. Both the rent cap and the just
cause provisions are subject to exemptions including, among others: housing built in the past 15
years and single family residences unless owned by a real estate trust or a corporation. This bill
sunsets after ten years and does not preempt any local rent control or just cause ordinances.
1) Incorporates provisions requiring property owners to have a just cause to evict a tenant, as
follows:
a) Specifies that these provisions are effective after 12 months of tenancy, or up to 24
months in a circumstance where there is a change in the adult tenant;
b) Specifies the specific kind of causes that are grounds for eviction, including "no-
fault" and "at-fault" evictions;
c) Requires one month's rent relocation payment or rent waiver in the case of a no-
fault just cause eviction, such as owner move-in or capital improvements;
d) Specifies that these provisions do not supersede any local just cause ordinance
enacted before September 1, 2019; and,
e) Specifies that these provisions expire after 10 years.
2) Specifies the units which are exempted from the rent cap and just cause provisions of this
bill, including:
a) All single family homes not owned by a corporation or real estate investment trust;
b) All duplexes in which the owner occupies one of the units; and,
c) All units for 15 years after receiving their first certificate of occupancy.
AB 1497 (Holden)-Hosting Platforms
This bill makes people who offer their property for short-term rental through on line platforms
subject to FEHA, thus prohibiting such "hosts" from discriminating on the basis of race, color,
religion, sex, gender, gender identity, gender expression, sexual orientation, marital status,
national origin, ancestry, familial status, source of income, disability, or genetic information.
Nov. 12, 2019 Item #11 Page 30 of 31
SB 18 {Skinner)-Keep Californians Housed Act
This non-controversial author-sponsored bill would eliminate the sunset on a statute that gives
all tenants who reside in a residential rental property which is sold at foreclosure sale at least 90
days' notice that they must terminate their tenancies.
Federal law, in the form of the PTFA, is nearly as protective of tenants whose landlords are
foreclosed on as is California Code of Civil Procedure Section 1161b, which is set to sunset at the
end of 2019. However, there is a subtle difference between the two laws. If this bill were not
enacted, tenants in some situations would be entitled to 30 days', rather than 90 days', notice
to terminate their tenancies. Therefore, without this bill certain groups of tenants would receive
only 30 days' notice that they must terminate their tenancies.
Deletes the December 31, 2019 sunset on certain protections for residential tenants whose
landlord loses ownership of their rental property as a result of a foreclosure sale.
SB 329 {Mitchell)-Housing Discrimination/Source of Income
1) Expands FEHA's definition of "source of income" to include lawful, verifiable income paid to
a housing owner or landlord on behalf of a tenant, including federal, state, or local public
assistance and federal, state, or local housing subsidies, including, but not limited to, federal
housing assistance vouchers under Section 8 of the U.S. Housing Act of 1937.
2) Declares that the Legislature's intent in enacting this bill is to provide housing voucher
program participants an opportunity to receive a thorough and fair vetting when seeking
housing.
SB 644 {Glazer)-Service Members/Security Deposits
Reduces the maximum security deposit that a landlord may charge an active service member to
one month's rent for an unfurnished rental property and two months' rent for a furnished rental
property. {The maximum that may be charged all other tenants is two months' rent for an
unfurnished property and three months' rent for a furnished property.)
1) Prohibits a landlord from requiring a security deposit from a prospective tenant who is a
service member more than one month's rent for unfurnished rental property or two
months' rent for furnished rental property-while clarifying that a landlord may separately
require a tenant to pay the first month's rent on or before the tenant's initial occupancy.
2) Prohibits landlords from refusing to enter into a rental agreement for residential property
with a prospective tenant who is a service member because the landlord wishes to demand
or receive security in excess of the limits set forth in 1).
3) Conditions the limits in 1) on the service member residing in the property. If the property is
rented to a group of individuals, each of the other members of the group must be one of the
following: the service member's spouse, parent, domestic partner, or dependent.
4) Permits a landlord to demand or receive as security up to two months' rent for unfurnished
rental property or three months' rent for furnished rental property, and thereby exceed the
limits set forth in 1) if the service member has a history of poor credit or of causing damage
to rental property or furnishings.
SB 652 (Allen)-Display of Religious Items
1) Prohibits a property owner from enforcing or adopting a restriction that prohibits the
display of a religious item on any entry door or entry doorframe of a dwelling.
Nov. 12, 2019 Item #11 Page 31 of 31
2) Defines "property owner'' for this purpose to mean a homeowners association (HOA)
created for the purpose of managing a common interest development, the board of
directors of an HOA, or a landlord. Defines "religious item" for this purpose to mean an
item displayed because of sincerely held religious beliefs.
3) Specifies that the prohibition in 1) does not prohibit the enforcement or adoption of a
rule that restricts any display that does any of the following:
a) Threatens the public health or safety.
b) Hinders the opening or closing of any entry door.
c) Violates any federal, state, or local law.
d) Contains graphics, language, or any display that is obscene or otherwise illegal.
e) Individually or in combination has a total size that is greater than 36 by 12 inches.
4) Specifies that an HOA may require a separate interest owner to remove a religious item
as necessary to perform maintenance on a door or doorframe.
City of Carlsbad
November 12, 2019
CALIFORNIA STRATEGIES & ADVOCACY, LLC
California Strategies & Advocacy
California Strategies and Advocacy is a bi-partisan government relations and
advocacy firm created to provide hands-on executive branch, legislative, and
regulatory lobbying. Founded in 1997 by Bob White, former Chief of Staff to
Governor Pete Wilson, California Strategies has grown to include 29 partners in nine offices, and is the only California firm of its kind with statewide reach.
Team:
•Monique Ramos, Partner
•Kathrina Gregana, Legislative Advocate
CALIFORNIA STRATEGIES
& A DVOCACY, L LC
California Legislation
2019-2020 State Budget–Housing
•$1.75 billion investment in new housing
•$750 million in Supports and Incentives
•$250M –Local Government Planning Supports Grant Program
•$500M -the Infill Infrastructure Grant Program
•$500 million ongoing in Tax Credits
•$500 million -CalHFA State Housing Loan Program for low- and moderate-income housing
•$20 million One-Time –Legal Assistance for Renters
•$1 billion investment to address homelessness
CAL I FORNI A STRATEGIE S
& A DVOCAC Y, LLC
Housing
•Major Incentives –Carrot-and-Sticks--for “Pro-housing” local policies
•Incentives to cities with “pro-housing” policies –additional points or scoring preferences for housing-related grant programs.
•Non-compliant cities and counties –subject to escalating fines and other actions necessary to bring a jurisdiction into compliance
•Executive Order N-06-19 –Require DGS to create an inventory of excess state land to find parcels to develop into affordable housing.
RHNA Development
Timeline
2018-2020 DEVELOPMENT TIMELINE
6TH CYCLE RHNA
12/2018-08/2019
Regional Determination Process
02/2019-09/2019
IIMIA ... tMJclu a,
Development
10/2019-12/2019
~H""ltlNtltlklt CI lif Rev,ew
(sutJJect to change)
•·0 Plannlng roctor/ArFH Survey Relecse
"'
-
2020
Planning roctor/ArFH SuN1!'f Due Dote: 04/30/2019
NotlflcotlOl'I to Subteglonol DelegotJon
lost Day for HCD to provide Regional Determlnotlon
Public HeOrlngs on Proposed RHNA MethOdOlogy
HeoMgon SUbreglonol Delegotlon Determlnotlon (11 needed)
RHNA Development
Timeline
2020-2021
02/2020-07/2000
DroftRHNA
Appeal-s Process
The 6th RHNA cycle covers the housing
element planning period of October 2021
th.rough October 2029. Major milestones for
jurisdictions include the development ot the
RHNA methodology, distribution of the draft
RHNA a11ocation, the appeals process. and
the adoption of the final RHNA aUocation.
Hou-sing elements for the 6th cycle RHr-iA are
due to HCO in October 2021.
Public Part;cipat.km: Stakeholders ond
members of the publ.ic are welcome to
attend an public hearing-s ond meetings,
including the RHNA Stlbcommittee, and
provide comments throughout the RHNA
proces-s. Meetings of the RHNA Subcommittee
ore held on the first Monday of eoch month
unles-s otherwise noted. Comments and
questions regarding RHNA can a.lso be
emailed to bousing@scgg cg gov.
2020
Adoption °' rlnal iu.lA MethOdolgy
Obtrlbudon of Draft RHNA
Rl+IA Appeals Hearings
Proposed r1na1 RHNA Allocatlon
Adoption°' rlnal Rl+IA AtlOcotlon
lffl 10/202t Housing Elements Due
•AB 68 (Ting)—Land Use/ADUs
•Increases the number of ADUs allowed to be constructed per lot
•SB 13 (Wieckowski)—ADUs
•Provides incentives for ADU creation by streamlining permit and application processes, reducing fees, and removing rules that were barriers to ADU development.
•AB 881 (Bloom)—ADUs
•Removes owner-occupancy requirements around ADUs
ADUs
CAL IFORN I A STRATEGIES
& A DVO C A C Y, LLC
•AB 1730 (Gonzalez)—San Diego Association of Governments: Housing
•Amends the timing and process for delivery of the San Diego Association of Government's (SANDAG) next regional transportation plan (RTP)
•City of Carlsbad took a support position
•SB 744 (Caballero)—Permanent Supportive Housing
•Creates a CEQA exemption for supportive housing developments that qualify for No Place Like Home (NPLH) funding.
CEQA
CAL IFORN I A STRATEGIES
& A DVO C A C Y, LLC
•AB 1763 (Chiu)—Density Bonuses/Affordable Housing
•Revises Density Bonus Law (DBL) to require a city or county to award a developer additional density, concessions and incentives, and height increases if 100% of the units in a development are restricted to lower income households.
•SB 330 (Skinner)—Housing Crisis Act of 2019
•Until January 1, 2025, places restrictions on certain types of development standards, amends the HAA, and makes changes to local approval processes and the Permit Streamlining Act.
Streamlining Local Housing Decisions
CALI FORN I A STRATEGIE S
& ADVOCACY, LLC
•AB 1486 (Ting)—Surplus Land
•Expands Surplus Land Act requirements for local agencies, requires local governments to include specified information relating to surplus lands in their housing elements and annual progress reports (APRs), and requires the state Department of Housing and Community Development (HCD) to establish a
database of surplus lands.
Surplus Lands
CALI FORN I A STRATEGIE S
& ADVOCACY, LLC
•AB 1482 (Chiu)—Tenant Protection Act of 2019
•Rent cap -Places an upper limit on annual rent increases to 5% plus inflation.
•Just Cause Provisions-Requires that a landlord have and state a just cause, as specified, in order to evict tenants who have occupied the premises for a year.
•Exemptions:
•Housing built in the past 15 years;
•Single family residences unless owned by a real estate trust or a corporation;
•All duplexes in which the owner occupies one of the units
•Sunsets after ten years
Tenant Protections
CALIFO RNIA STRATEGIE S
& A DVOCAC Y, LLC
•AB 1497 (Holden)—Hosting Platforms
•Adds housing offered on a hosting platform to the definition of housing accommodation in the Fair Employment and Housing Act.
•SB 329 (Mitchell)—Housing Discrimination/Source of Income
•Expands the definition of “source of income,” a category that California’s Fair Employment and Housing Act (FEHA) protects against discrimination.
Tenant Protections
CALIFO RNIA STRATEGIE S
& A DVOCAC Y, LLC
CALIFORNIA STRATEGIES & ADVOCACY, LLC