HomeMy WebLinkAbout2022-03-15; City Council Legislative Subcommittee; ; Legislative Update and Advocacy ReportCity Council Legislative Subcommittee
Meeting Date: March 15, 2022
To: City Council Legislative Subcommittee
From: Jason Haber, Intergovernmental Affairs Director
Item 2: Legislative Update and Advocacy Report
CCity of
Carlsbad
Recommendation: Receive an update on state and federal legislative and budget activity and
recent and ongoing advocacy efforts; discuss and provide feedback to staff.
Discussion:
Staff and the Renne Public Policy Group (RPPG) will present an update and overview of state
legislative and budget activity (Exhibits 1 and 2).
With the Legislature recently reconvening for the second year of a two-year session, staff and
RPPG are working to identify potential priority bills for city monitoring and advocacy.
Staff continues to evaluate bills that may impact city operations and policy priorities, which will
be presented for discussion and feedback from the Legislative Subcommittee.
Exhibits:
1.RPPG Legislative Monthly Report — Feb. 2022
2.Priority Legislation List — March 2022
March 15, 2022 Item #2 Page 1 of 12
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Pif.);i.:;,. Policy Grcup
Exhibit 1
(City of
Carlsbad
California
March 11, 2022
To: Mayor Matt Hall, Legislative Subcommittee Member
Councilmember Teresa Acosta, Legislative Subcommittee Member
Jason Haber, Intergovernmental Affairs Director
City of Carlsbad
From: Sharon Gonsalves
Director of Government Affairs
Renne Public Policy Group
Re: Legislative Monthly Report — February 2022
The Capitol was active during the month of February, as legislators worked to meet the new bill
introduction deadline, considered several early budget action items, and dealt with numerous COVID-
19 procedural updates. Additionally, legislators and the Administration began working towards
establishing consensus on funding priorities included in the Governor's January budget framework
proposal.
UPCOMING LEGISLATIVE DEADLINES
•April 7, 2022: Beginning of Spring Recess
•April 18, 2022: Legislature reconvenes from Spring Recess
•April 29, 2022: Last day for policy committees to hear and report to fiscal committees fiscal
bills introduced in their house.
CITY SPONSORED LEGISLATION
AB 1672 (Boerner Horvath) Public Swimming Pools: lifeguards. This bill sponsored by the City of
Carlsbad would authorize lifeguards who are certified by the United States Lifesaving Association
(USLA) to provide services at municipal operated swimming pools. This bill will be heard in the
Assembly Health Committee on March 22.
RPPG continues working diligently with the lifeguard stakeholder community including USLA, YMCA
and the American Red Cross (ARC) to ensure that we address any potential concerns they have with
the measure. As originally introduced the group outlined two concerns:
1) That jurisdictions would use AB 1672 to permanently phase out the use of YMCA and ARC
pool lifeguards for beach lifeguards
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Ro-re Put!ic
2) That while the physical nature of beach lifeguarding was not a concern, the standard USLA
certified lifeguards did not inherently have the proper crossover training for emergency
situations that may take place in a pool versus in the ocean.
In response to these concerns, staff, RPPG and stakeholders worked with the author's office to craft
the following amendments:
1)That a local agency would need to adopt a council resolution outlining the need to temporarily
utilize beach lifeguards in order to maintain regular pool hours of operation. When the council
adopts the resolution, they may utilize these provisions
2)That any USLA certified lifeguard who is selected to staff a public swimming pool or aquatic
center must take appropriate pool-specific crossover training that includes standard first aid
and cardiopulmonary resuscitation, treatment of spinal injuries, floatation device use
techniques, pool extraction and extrication techniques, and submerged rescue techniques.
On March 7, 2022, the bill was formally amended to reflect the above changes and to date, there
have been no new concerns expressed. The bill is currently being analyzed by the Assembly Health
Committee and is set to be heard on March 22. RPPG is hopeful that with no listed opposition AB
1672 will be a consent candidate and move quickly through the process.
AB 1682 (Boerner Horvath) Public safety: Speeding vessels: lifeguard rescue vessels.
This bill is jointly authored by Assemblymember Chris Ward and co-sponsored by the City of San
Diego. On February 28, 2022, the bill was amended after the Assembly Public Safety Committee and
the California Professional Firefighters provided technical assistance.
These amendments:
•Clarify in the Harbors and Navigation Code that a subdivision of the state includes cities and
counties.
•That activities in which the "blue light" can be affixed to and used by a public safety vessel
include use from a marine safety or lifeguard agency and;
•Defines public safety activities to include marine safety or lifeguard agency activities
On March 8, 2022, AB 1682 passed out of the Assembly Public Safety Committee on a 7-0 bipartisan
consent item. Given the bill has not been tagged as having any state fiscal impact, the measure
bypasses the appropriations process and will move to the Assembly Floor for a vote of the full
legislative body. However, it should be noted that after the bill passed out of public safety,
Assemblymember Boerner Horvath's office was contacted by the California State Sheriffs Association,
who expressed some concern regarding the amendments taken on February 28. RPPG is in active
negotiations and anticipate that we can come to a resolution quickly.
STATE OF THE STATE ADDRESS
On March 8, 2022, Governor Newsom gave his fourth annual State of the State address. While he
focused on California's achievements during his time in office, he did briefly introduce the concept of
Care Court, a proposal that would provide mandatory treatment for mentally ill homeless people. If
approved by the legislature, it would require each county in California to add a "CARE Court" — short
for Community Assistance, Recovery and Empowerment program — to their justice system. The
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PoTc-s:
Governor has not yet provided details of the plan but suggested it could become state law this
year. The initiative's main focus is on getting severely mentally ill and chronically addicted people off
the streets and into shelters. A few days following the State of the State address, the Governor
conducted a meeting of various stakeholders to discuss the logistics of such a program.
The Governor also announced the State's efforts to offset skyrocketing fuel costs. Governor Newsom
in January proposed suspending gasoline and diesel fuel tax inflation-related increases expected in
July — a plan aimed at saving motorists money when prices were rising faster than they had in nearly
40 years. Since then, Russia's invasion of Ukraine has put added pressure on prices and there are
locations in the State where gas is over $7.00 a gallon. Although details of the new proposal were
scarce, he did acknowledge the plan would be in the form of a tax rebate.
STATE RESPONSE TO COVID-19
The beginning of the year saw a dramatic surge in positive cases of COVID-19 due to the highly
contagious Omicron variant, since then, the State's indoor mask mandate expired on February 15.
Furthermore, the Governor announced his SMARTER Plan, the next phase of California's pandemic
response. The plan is a strategic approach to managing COVID-19 while moving the state's recovery
forward. The goal of the SMARTER plan is to maintain continued readiness, awareness and flexibility,
and ensured California will maintain its focus on communities that continue to be disproportionately
impacted and stay prepared to swiftly and effectively respond to emerging COVID-19 variants and
changing conditions.
As a result of the SMARTER plan, in late February, Governor Newsom announced taking action to lift
all but 5 percent of COVID-19 related Executive Order provisions, while maintaining the original
COVID-19 State of Emergency. The remaining provisions include maintaining California's nation-
leading testing and vaccination programs and protecting hospital and health facility capacity, key
components of the state's SMARTER Plan to guide California's evolving pandemic response.
Altogether, Newsom has issued 561 executive actions since the start of the pandemic. He has since
rescinded all but 82. The most recent order lifts 52 of the remaining executive provisions by the end
of June. Maintaining the State of Emergency provides for such things as continued Brown Act
flexibility for local agencies. The Governor has not yet released a timeline for which he plans to end
the State of Emergency.
###
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flenre Publ:c Policy Group
Priority Legislation List March 2022
(City of
Carlsbad
California
Housing and Land Use
AB 2063 (Berman) Density bonuses: affordable housing impact fees (As introduced 02/14/22)
This bill would prohibit affordable housing impact fees, including inclusionary zoning fees, in-lieu fees,
and public benefit fees, from being imposed on a housing development's density bonus units.
Status: Referred to Assembly Housing and Community Development and Assembly Local
Government: Set for hearing in (Asm. H&CD) 03/23/22
Client Position:
AB 2094 (R. Rivas) General plan: annual report: extremely low-income housing (As introduced
02/14/22)
The Planning and Zoning Law requires a city or county to adopt a general plan for land use
development within its boundaries that includes, among other things, a housing element. Current
law requires the planning agency of a city or county to provide an annual report to certain specified
entities by April 1 of each year that includes, among other information, the city or county's progress
in meeting its share of regional housing needs and local efforts to remove governmental constraints
to the maintenance, improvement, and development of housing, as specified. This bill would
additionally require a city or county's annual report to include the locality's progress in meeting the
housing needs of extremely low-income households.
Status: Referred to Assembly Housing and Community Development and Assembly Local
Government: Set for hearing in (Asm. H&CD) 03/23/22
Client Position:
AB 2097 (Friedman) Residential and Commercial Development: Parking Requirements (As
Introduced 02/14/22)
Would prohibit a public agency from imposing a minimum automobile parking requirement, or
enforcing a minimum automobile parking requirement, on residential, commercial, or other
development if the development is located on a parcel that is within one-half mile of public transit.
The bill would prohibit these provisions from reducing, eliminating, or precluding the enforcement of
any requirement imposed on a new multifamily or nonresidential development to provide electric
vehicle supply equipment installed parking spaces or parking spaces that are accessible to persons
with disabilities.
Status: Referred to Assembly Housing and Community Development and Assembly Local
Government: No hearing dates set
Client Position:
Updated on March io, 2022. RENNE PUBLIC POLICY GAOUP1 1100 Street, Suite zoo-231, Sacramento, Ca, 95814
www.publicpolicygroup..com
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. Renne Public Policy Group
SB 897 (Wieckowski) Accessory Dwelling Units: Junior Accessory Dwelling Units (Introduced
02/01/22)
This bill would change the height limitation applicable to an accessory dwelling unit subject to
ministerial approval to 25 feet. The bill, if the existing multifamily dwelling exceeds a height of 25 feet
or has a rear or side setback of less than 4 feet, would prohibit a local agency from requiring any
modification to the existing multifamily dwelling to satisfy these requirements. The bill would prohibit
a local agency from rejecting an application for an accessory dwelling unit because the existing
multifamily dwelling exceeds a height of 25 feet or has a rear or side setback of less than 4 feet. This
bill would prohibit a local agency from denying a permit for a constructed, but unpermitted, accessory
dwelling unit because the unit is in violation of building standards or state or local standards
applicable to accessory dwelling units, unless the local agency makes a finding that correcting the
violation is necessary to protect the health and safety of the public or occupants of the structure. This
bill would specify that enclosed uses within the proposed or existing single-family residence, such as
attached garages, are considered a part of the proposed or existing single-family residence. The bill
would require a junior accessory dwelling unit that does not include separate sanitation facilities to
include a separate entrance from the main entrance to the structure, with an interior entry to the
main living area.
Status: Referred to Senate Housing Committee. Hearing date scheduled March 24, 2022
Client Position:
SB 1466 (Stern) Affordable Housing and Community Development Investment Program
(Introduced 02/18/22)
This bill would establish in state government the Affordable Housing and Community Development
Investment Program, which would be administered by the Affordable Housing and Community
Development Investment Committee. The bill would also authorize certain local agencies to establish
an affordable housing and community development investment agency and authorize an agency to
apply for funding under the program and issue bonds, as provided, to carry out a project under the
program.
Status: Senate Rules Awaiting Committee referral
Client Position:
AB 500 (Ward) Local Planning: Permitting: Coastal Development (As amended 08/31/21)
This bill requires local governments in the coastal zone to amend their local coastal programs by
January 1, 2024, to provide streamlined permitting procedures for certain housing projects
Status: Senate Inactive File
Client Position: Oppose
Homelessness
AB 2211 (Ting) Shelter crisis: homeless shelters (as introduced 02/15/22)
This bill would remove the repeal date of the shelter crisis pilot program. This bill would provide that
a city, county, or city and county is in a shelter crisis if the number of unsheltered homeless persons
that comprises the total homeless population within the jurisdiction of the city, county, or city and
county is greater, as a percentage, than the combined average of the 49 states in the United States
not including California, as determined by the Department of Housing and Community Development,
as specified. This bill would apply the provisions applicable to a city, county, or city and county that
Updated on March 10, 2022. RENNE PUBLIC POL:CY GROUPI1100 iith Street, Sidle -.2co-):31, Sacramento, Ca, 95814
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has declared a shelter crisis to those jurisdictions in the above circumstance. This bill would require
the department to publish a list of jurisdictions that are in a shelter crisis pursuant to this provision
on its internet website. This bill would expand the definition of homeless shelter to include any facility
that is leased by the city, county, or city and county for the purpose of providing temporary shelter
for the homeless and any facility that is not owned or leased by the city, county, or city and county
but that is voluntarily provided to the city, county, or city and county for the purpose of providing
temporary shelter for the homeless.
Status: Referred to Assembly Housing and Community Development No hearing date set.
Client Position:
AB 2339 (Bloom) Housing element: emergency shelters: regional housing need. (As Introduced
02/14/22)
This bill would revise the requirements of the housing element, in connection with zoning
designations that allow residential use, including mixed use, where emergency shelters are allowed
as a permitted use without a conditional use or other discretionary permit. The bill would prohibit a
city or county from establishing overlay districts to comply with these provisions. The bill would
delete language regarding emergency shelter standards structured in relation to residential and
commercial developments and instead require that emergency shelters only be subject to specified
written, objective standards. The bill would specify that emergency shelters for purposes of these
provisions include other interim intervention, including, but not limited to, navigation centers, bridge
housing, and respite or recuperative care.
Status: Referred to Assembly Housing and Community Development and Assembly Local
Government: No hearing dates set
Client Position:
SB 513 (Hertzberg) Homeless Shelter Grants. Pets and Veterinary Services
This would require the Department of Housing and Community Development to develop and
administer a program to award grant to qualified homeless shelters for the provision of shelter, food,
and basic veterinary services for pets owned by people experiencing homelessness.
Status: Assembly, no hearing date set.
Client Position: Support
COVID-19
AB 1993 (Wicks) Employment: COVID 19 vaccination requirements
This bill would require an employer to require each person who is an employee or independent
contractor, and who is eligible to receive the COVID-19 vaccine, to show proof to the employer, or
an authorized agent thereof, that the person has been vaccinated against COVID-19. This bill would
establish an exception from this vaccination requirement for a person who is ineligible to receive a
COVID-19 vaccine due to a medical condition or disability or because of a sincerely held religious
belief, as specified, and would require compliance with various other state and federal laws. The bill
would require proof-of-vaccination status to be obtained in a manner that complies with federal
and state privacy laws and not be retained by the employer, unless the person authorizes the
employer to retain proof.
Updated on March io, 2022. RENW. l'1113L:C 1'01 :CY U01;1'11100 11th Street, Suite 2o0-231, Sacramento, Ca, 95814
www.publicpolicygroup.com
March 15. 2022 Item #2 Pane 7 of 12
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Status: Introduced
Client Position:
AB 1464 (Pan) Law Enforcement: Public Health Orders
This bill would require sheriffs and peace officers to enforce all orders issued by the State Department
of Public Health or that of a local health officer for the purpose of prevent the spread of any
contagious, infectious or communicable disease. By expanding the duties of local law enforcement,
this bill would create a state-mandated local program. The bill would additionally prohibit state funds
from being provided to any law enforcement agency that publicly announces that they will oppose,
or adopts a policy to oppose, a public health order.
Status: Senate Health Committee, no hearing date set.
Client Position:
Transportation
AB 1622 (Chen) Smog check program: catalytic converter theft
This bill would require the department to provide a licensed smog check station with a sign
informing customers about strategies for deterring catalytic converter theft, including the etching
of identifying information on the catalytic converter. The bill would require the sign to be posted
conspicuously in an area frequented by customers and would require it in all licensed smog check
stations. The bill would also authorize stations where licensed smog check technician repairs are
performed to offer and recommend to customers the etching as an optional service provided in
conjunction with the smog check.
Status: Assembly Transportation
Brown Act Public Records Act Em lo ee Relations
AB 1944 (Lee) Open and Public Meetings (As Introduced 02/10/22)
This bill would specify that if a member of a legislative body elects to teleconference from a location
that is not public, the address does not need to be identified in the notice and agenda or be
accessible to the public when the legislative body has elected to allow members to participate via
teleconferencing. This bill would require all open and public meetings of a legislative body that
elects to use teleconferencing to provide a video stream accessible to members of the public and an
option for members of the public to address the body remotely during the public comment period
through an audio-visual or call-in option.
Status: Assembly Local Government
City Position:
AB 2449 (Blanco Rubio) Open Meetings: Teleconferences (As Introduced 02/17/22).
This bill would authorize a local agency to use teleconferencing without complying with those
specified teleconferencing requirements if at least a quorum of the members of the legislative body
participates in person from a singular location clearly identified on the agenda that is open to the
public and situated within the local agency's jurisdiction. The bill would impose prescribed
requirements for this exception relating to notice, agendas, the means and manner of access, and
procedures for disruptions. The bill would require the legislative body to implement a procedure for
Updated on Mardi 10, 2022. RENNE PUBLIC POLICY GRO'JPI 1100 iith Street, Suite )00-)51, Sacramento, Ca, 95814
www.pi iblirpolicygroup.com
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AM
receiving and swiftly resolving requests for reasonable accommodation for individuals with
disabilities, consistent with federal law.
Status: Assembly Local Government
City Position:
AS 2582 (Bennett) Recall elections: local offices (as introduced 02/18/22)
The California Constitution reserves to the electors the power to recall an elective officer and
requires the Legislature to provide for recall of local officers. Existing law requires a recall election
to include the question of whether the officer sought to be recalled shall be removed from office
and an election for the officer's successor in the event the officer is removed from office. This bill
would instead require a recall election for a local officer to include only the question of whether the
officer sought to be recalled shall be removed from office. If a local officer is successfully removed
from office in a recall election, the bill would provide that the office becomes vacant and would
require it to be filled according to law.
Status: Assembly Rules Committee awaiting assignment
Client Position:
SB 1100 (Cortese) Open Meetings-Orderly Conduct (As Amended 03/09/22).
This bill would authorize the members of the legislative body conducting a meeting to remove an
individual for willfully interrupting the meeting. The bill, except as provided, would require removal
to be preceded by a warning, either by the presiding member of the legislative body or a law
enforcement officer, that the individual is disrupting the proceedings and a request that the
individual curtail their disruptive behavior or be subject to removal. The bill would similarly require
a warning before clearing a meeting room for willful interruptions by a group or groups. The bill
would define "willfully interrupting" to mean intentionally engaging in behavior during a meeting of
a legislative body that substantially impairs or renders infeasible the orderly conduct of the meeting
in accordance with law. The term would include failure to comply with a reasonable regulation
adopted in accordance with existing law after a warning and request in accordance with the bill, as
applicable. By establishing new requirements for local legislative bodies, this bill would impose a
state-mandated program.
Status: Hearing in Senate Governance and Finance on March 17, 2022.
City Position:
Public Safety
AB 1682 (Boerner Horvath) Lifeguard Ocean Vessel Speed Limit Exemption
AB 1682 would provide an exemption to city-owned lifeguard rescue vessels from the existing five
mile per hour (mph) speed limit if engaged in ocean rescue operations within 200 feet of the beach.
Status: Passed Assembly Public Safety on consent calendar
City Position: Sponsor
AB 1599 (Kiley) Proposition 47: Repeal
This bill would repeal the changes and additions made by Proposition 47, except those related to
reducing the penalty for possession of concentrated cannabis. This bill would reduce the value
threshold for a violation of those provisions to be punishable as a felony from $950 to $400.
Status: Assembly Public Safety; Failed Passage 2 AYE votes, 5 NO votes.
Updated on March 10, 2022. RCN N C PUBLIC PO: :CY GROUP' 1100 tith Street, Suite 200-231, Sacramento, Ca, 95814
www.puhlicpolicygroup.com
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AB 1740 (Muratsuchi) Catalytic Converter (As Introduced 1/31/22).
This bill would require a core recycler to maintain a written record of the year, make, and model of
the vehicle from which the catalytic converter was removed. The bill would prohibit a core recycler
from entering into a transaction to purchase or receive a catalytic converter from any person that is
not a commercial enterprise or owner of the vehicle from which the catalytic converter was
removed.
Status: Assembly Business and Professions
Parks
AB 1737 (Holden) Children's Camps: Local Registration and Inspections (As introduced 1/31/22).
This bill among various other provisions would require a local agency to make at least one
unannounced inspection and one scheduled inspection of each children's camp within its jurisdiction
during the calendar year and to make additional inspections in specified circumstances. If the local
agency identifies any violation of these provisions during an inspection, the bill would require the
local agency to issue a notice to correct the violation to the camp operator and the camp director.
The bill would require each local agency to develop a registration form for a children's camp to file
with the local agency that includes specified information, including the name and location of the
camp and the name and contact information of the camp operator and camp director. The bill would
authorize each local agency to charge a registration fee that does not exceed the reasonable costs
incurred by the local agency to register and inspect the children's camps in its jurisdiction. The bill
would require the local agency to maintain all records of children's camp inspections and make the
records available for public inspection.
Status: Assembly Health Committee. Hearing set for March 29, 2022
Client Position:
Environmental Quality and Wildfire
SB 45 (Portantino) Short Lived Climate Pollutants: Organic Waste Reduction Goals: Local
Jurisdiction Assistance (As amended 01/03/22)
This bill would require CalRecycle, in consultation with the State Air Resources Board to provide
assistance to local jurisdictions, including, but not limited to, any funding appropriated by the
Legislature in the annual Budget Act, for purposes of assisting local agencies to comply with these
provisions, including any regulations adopted by the department
Status: Assembly. No hearing date set.
Client Position:
SB 54 (Allen) Plastic Pollution Producer Responsibility Act (As amended 02/25/21)
This bill would establish the Plastic Pollution Producer Responsibility Act, which would prohibit
producers of single-use, disposable packaging or single-use, disposable food service ware products
from offering for sale, selling, distributing, or importing in or into the state such packaging or products
that are manufactured on or after January 1, 2032, unless they are recyclable or compostable.
Status: Assembly Rules (Pending Referral)
Updated on March io, 2o),. RI- N N I- PU:31 :c POI ICY GROUP' 1100 l Street, Suite zoo-231, Sacramen I o, Ca, 95814
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Client Position: Support (Letter submitted 04/09/2021)
Utilities and Public Works
SB 1157 (Hertzberg) Urban Water Use Objective: Indoor Residential Water Use
This bill would establish, beginning January 1, 2025, the standard for indoor residential water use as 47
gallons per capita daily and, beginning January 1, 2030,42 gallons per capita daily.
Status: Senate Natural Resources and Water
Client Position:
SB 379 (Weiner) Residential solar energy systems: permitting.
This measure would require every city, county, or city and county to implement an online, automated
permitting platform that verifies code compliance and issues permits in real time for a solar energy
system, as defined, that is no larger than 38.4 kilowatts alternating current nameplate rating and an
energy storage system, as defined, paired with a solar energy system that is no larger than 38.4
kilowatts alternating current nameplate rating.
Status: Assembly Desk Awaiting Committee Referral
Client Position:
SB 612 (Portantino) Electrical Corporations and other load-serving entities: allocation of legacy
resources (As amended 05/04/21)
This bill would require an electrical corporation, by July 1, 2022, and not less than once every 3 years
thereafter, to offer an allocation of certain electrical resources to its bundled customers and to other
load-serving entities, including electric service providers and community choice aggregators, that
serve departing load customers who bear cost responsibility for those resources. The bill would
authorize a load-serving entity within the service territory of the electrical corporation to elect to
receive all or a portion of the vintaged proportional share of those legacy resources allocated to its
end-use customers and, if it so elects, would require it to pay to the electrical corporation the
commission-established market price benchmark for the vintage proportional share of the resources
received.
Status: Assembly Utilities and Energy Committee, no hearing date set.
Client Position: Support (Letter submitted 4/5/2021)
Miscellaneous Bond and Financing Measures
AB 411 (Irwin) Veterans Housing and Homeless Prevention Bond Act of 2022. (As amended
01/24/22)
This measure would enact the Veterans Housing and Homeless Prevention Bond Act of 2022 to
authorize the issuance of bonds in an amount not to exceed $600,000,000 to provide additional
funding for the VHHPA. The bill would provide for the handling and disposition of the funds in the
same manner as the 2014 bond act.
Status: Senate Rules Committee
Client Position:
Updated on March 10, 2022. RENNE PUBLIC POLICY CROUP 1100 11th Street, Suite 200-231, Sacramento, Ca, 95814
www.pubhcpolicygroup.corn
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Remo Public Policy GroJp
Full Bill Text to any measure can be
found by going to the State's legislative
Information uvebsite: That can be
accessed by Clicking HERE
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March 15, 2022 Item #2 Page 1Z of 12
Kaylin McCauley
From: D Lech <dilech@ymail.com>
Sent: Monday, March 14, 2022 3:52 PM
To: Kaylin McCauley
Subject: Public Comment or Agenda Item #2 Legislative Subcommittee Meeting March 15, 2022
Dear Ms. McCauley,
Please include my written comment for either Public Comment or Agenda Item #2 as appropriate, to
be included as part of the agenda packet.
Thank you. All Receive - Agenda Item #
For the Information of the:
CITY COUNCIL
Date 311111,1CA / CC /
CM k./ACM V DCM (3) /
Dear Honorable Mayor, Council Member Acosta, Jason Haber, and
members of the public,
I am writing to please ask that each of you show support for reestablishing
control of zoning and land use by endorsing the Our Neighborhood Voices
(ONV) Initiative so that local governments and citizens have a voice in
deciding what gets built in our neighborhoods. As you are aware, this
Initiative will not appear on the ballot until 2024, but we need your support
now. A lot of damage can be done to our neighborhoods in 2 years before
the Initiative takes effect, IF it qualifies for the ballot AND gets voted
in. Please go to the Our Neighborhood Voices.com website where anyone
can easily sign up to endorse and show support, read a sample resolution
for Cities, and examine the Initiative language. I also suggest that you read
Solana Beach Ordinance 521 which passed unanimously in their City to
help mitigate the damage of SB9 and SB10 and prevent what's being
allowed to happen in the City of San Diego from happening in their City.
Hopefully, Carlsbad will promptly take similar precautions to mitigate the
destruction of our single family zoned neighborhoods due to our State
legislators dramatically and undemocratically rewriting land-use rules in
California.
I honestly can't believe that the legislators up in Sacramento, who most
people voted for, have allowed SB 9 and SB 10 to pass, effectively
eliminating the pursuit of the American dream in California. Senator Atkins
and Senator Weiner have, in my opinion, lost their minds, and are now
1
pushing the narrative that "single-family homeowners are segregationists",
another tactic to promote divisiveness. The proposed (ONV) Initiative
proves this is furthest from the truth. If the legislators had taken the time to
read the bills, perhaps they would have realized how environmentally and
economically destructive these 2 laws are. Uncontrolled, unplanned,
thoughtless building of high density urban housing creates slums. Both of
these laws create that scenario. Imagine, every single family zoned lot with
4 residences instead of 1, with 4 foot setbacks on side and rear yards
instead of 20-25 feet in the rear. Where are children supposed to play? In
the streets? What about noise from other residences' music, dogs, and
conversations. Not to mention loss of privacy, and to think of all the mature
trees bull-dozed in developing 4 residences on 1 lot. Are trees no longer
important to Carlsbad, or just not in certain neighborhoods? What a place
to raise a family, IF a family could even afford it. Since neither of the laws
provide for ANY affordable housing, the Sacramento politicians
and investors, developers, and real estate agents are, right now, having a
field day with buying and selling whatever comes on the market, turning a
single residence into 4 or 10 , flipping them at high market prices, and
making a fortune. After all, look how much money the developer is saving by
not having to provide the necessary infrastructure to increase sewer and
water capacity in our aging system, or pay for street maintenance due to
increased traffic, or provide for the increased school enrollment, fire
protection, and evacuation routes, and let's not forget the Poinsettia Fire in
2014 that started near the La Costa golf course and crossed 6 lanes of El
Camino Real asphalt to continue its destruction near Aviara, causing 2
schools and a senior care facility to evacuate. Wild fire danger is not going
away. Neither is our water shortage.
It's not realistic to just make a neighborhood more crowded without all
these things to consider. Up-zoning neighborhoods only benefits land
speculators and developers by driving up land values, increasing housing
costs, and creating more unnecessary market-rate housing. In addition,
there is no data to prove that simply increasing density lowers housing
costs, especially in high demand coastal cities such as Carlsbad. And, it
only takes ONE single-family lot redeveloped into 4-10 units to destroy an
entire neighborhood and community.
I ask you to please do something to protect our single family zoned
neighborhoods NOW while also supporting affordable and equitable housing
2
for everyone, and protecting open spaces and environment. Other cities
have been able to come up with ordinances that help mitigate the damaging
effects of the 2 new laws until the Initiative is passed and we return to our
former local-zoning laws, such as:
-limiting square footage to 825 square feet to keep costs down, which can
actually provide for the much needed moderate income affordable housing,
also known as the "missing middle",
-requiring an off-street parking space for each unit,
-design requirements for neighborhood compatibility and preservation of
neighborhood character,
-limiting heights to 16 feet for protection of privacy for neighboring
residences,
-replacing 2 trees for every one that is removed,
-requiring 1 unit to be affordable for low income seniors, veterans, or
persons with disabilities,
-creating housing in commercial areas and vacant office buildings,
-limiting what persons or entities may apply for projects (ie: foreign investors
who have no intention of living in or renting any of the units.
As this is an election year, I urge you and the public to vote out any
legislator who supports any legislation or constitutional amendment that
weakens or interferes with the powers of charter cities and diminishes local
authority. We need legislators in Sacramento who support measures in local
land use that are consistent with the doctrine of "home rule" and the local
power in planning and zoning processes. And, the community must have a
voice in this process. Please, be mindful of who you vote for in November!
Help spread the word about Our Neighborhood Voices and support their
efforts in regaining local control.
Please endorse the Initiative!
Thank you.
3
D. Lech
https://ourneighborhoodvoices.com/
CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is
safe.
4
"*"*" SAMPLE RESOLUTION '""*
MODELED ON CITY OF REDONDO BEACH RESOLUTION NO. CC-2110400 PASSED 10/20121
A RESOLUTION OF THE CITY COUNCIL OF THE [CITY/COUNTY OF
)000000000000q, CALIFORNIA, EXPRESSING SUPPORT FOR
THE "BRAND-HUANG-MENDOZA TRIPARTISAN LAND USE
INITIATIVE" TO AMEND ARTICLE XI OF THE CONSTITUTION OF
THE STATE OF CALIFORNIA TO MAKE ZONING AND LAND USE
COMMUNITY AFFAIRS, AND NOT OF STATE INTEREST
WHEREAS, the Legislature of the State of California in recent years has
proposed, passed, and signed into law a number of bills addressing a range of land use
planning and housing issues; and
WHEREAS, the majority of these bills usurp the authority of local jurisdictions to
determine for themselves the land use policies and practices that best suit each city and
its residents and instead impose "one-size-fits-all" mandates that do not take into account
the unique needs and differences of local jurisdictions throughout the State of California;
and
WHEREAS, the majority of these bills do not provide any incentives or
requirements for low-income affordable or moderate income workforce housing, but
instead impose new policies that will incentivize speculation and result in the addition of
market-rate or luxury housing, thereby eliminating the opportunity for local jurisdictions
to implement effective policies that will create more affordable housing and affirmatively
further fair housing practices; and
WHEREAS, the ability of local jurisdictions to determine for themselves which
projects require review beyond ministerial approval; what parking requirements are
appropriate for various neighborhoods; what housing plans and programs are suitable
and practical for each community; and what zoning should be allowed for residential
properties, rather than having these decisions imposed upon cities without regard for the
unique circumstances and needs of each individual community, is a matter of critical
importance to the [cITY/COLINTY.:pF.-voop00000000q and many other
municipalities focused on local zoning and housing issues; and
WHEREAS, the City Council of the [CITY/COUNTY OF,',XXXXXXXX,\POcXX]
hereby determines that local government entities are best able to assess and respond to
the unique needs of their respective communities and hereby objects to the proliferation
of State legislation (including SB 9 and SB 10) that would deprive us of that ability.
NOW, THEREFORE, THE CITY COUNCIL OF THE [CRylpooNTY:,
CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. That the City Council of the [CITY/COUNTY OF )000000000000]
is opposed to the legislature of the State of California continually proposing and
adopting legislation that overrides the zoning and land use authority of local
SUPPORT FOR BRAND-HUANG-MENDOZA TRIPART1SAN LAND USE INITIATVE
PAGE 1
government and inhibits the ability of local government to effectively plan for and
implement policies to stimulate the efficient production of affordable housing in the
[CITY/COUNTY OF XXXXXXXXXXXXX].
SECTION 2. That the City Council of the [CITY/COUNTY OF XXXXXXXXXXXXX]
supports the Brand-Huang-Mendoza Tripartisan Land Use Initiative (Attached to
the Resolution as Exhibit A) to ensure that zoning and land use authority rests
with the local government entities that represent the communities in which the
residents reside, and to allow local government to participate in solving our
affordable housing crisis through solutions that effectively address the unique
needs and conditions of each local community.
SECTION 3. That the City Council of the [CITY/COUNTY
incorporates each recital set forth herein above.
SUPPORT FOR BRAND-HUANG-MENDOZA TRIPARTISAN LAND USE INITIATVE
PAGE 2
PASSED, APPROVED AND ADOPTED this [DATE XXXXXX].
[XXXXXXXX1
APPROVED AS TO FORM: ATTEST:
[City Attorney )00000q [XXXXXXXX, City Clerk]
SUPPORT FOR BRAND-HUANG-MENDOZA TRIPARTISAN LAND USE INITIATVE
PAGE 3
STATE OF CALIFORNIA
COUNTY OF p000mm
[CITY/COUNTY OF x)oopow00000q
I, [CLERK XXX)0(X] City Clerk of the [CITY/COUNTY OF XXX)0(XXXXXXXX],
California, do hereby certify thatResolution No. P000000(X] was passed and adopted
by the City Council of the [CITY/COUNTY OF ], California, at a
regular meeting of said City Council held on the [DATE x)ooq, and there after signed
and approved by the Mayor and attested by the City Clerk, and that said resolution was
adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
XXXXXXXXXXXXXX
SUPPORT FOR BRAND-HUANG-NrIENDOZA TRIPARTISAN LAND USE INITIATVE
PAGE 4
Our
Neighborhood
Voices
Why We Need the
Our Neighborhood Voices Initiative
Sacramento Politicians are Taking Away Our Ability
to Speak Out When Developers are Damaging and
Gentrifying our Neighborhoods.
A series of recently passed laws allow developers to build multi-story, multi-unit buildings
right next door to single-family homes, destroying communities and denying our ability to
fight back. We are a coalition of thousands of California neighborhood leaders fighting to
preserve our ability to speak out about what happens in our own neighborhoods.
New State Laws Don't Create Affordable Housing, but
Massive Profits for Developers.
The politicians say they took away our neighborhood voice because we need to lower
the cost of housing. But their "answers" have ZERO requirements to build new affordable
housing. The developers will make billions and the facts show that recent state laws will
create massive displacement — forcing working families out of their own communities.
The Developers Make Billions We Pay the Bill.
Recent laws passed by Sacramento do not require developers to contribute one new cent
to roads, transit, schools, parks, police and fire protection, new water sources or any other
service. They profit — we pay!
California Can Build Housing Without Bulldozing
Neighborhoods and Creating More Gridlock.
There are solutions — but the politicians gave their developer donors the ability to build
market-rate, multi-story projects in every neighborhood and took away our ability to speak
out about projects that are being built literally right next door to us.
The politicians and developers have had their say.
Now it is our turn! We are working to give every California voter the chance to speak out
about what is happening in their own neighborhoods. Our measure takes away the blank check
to developers and restores a process that allows neighborhoods to be heard.
www.OurNeighborhoodVoices.com
Ad Paid for by Brand-Huang-Mendoza Tripartisan Land Use Initiative, committee major funding from
ADS Healthcare Foundation.
OFFICIAL TOP FUNDERS. Valid only for February 2022.
PROVIDES THAT LOCAL LAND-USE AND ZONING LAWS OVERRIDE
CONFLICTING STATE LAWS. INITIATIVE CONSTITUTIONAL
AMENDMENT.
Petition circulation paid for by
BRAND-HUANG-MENDOZA TRIPARTISAN LAND USE INITIATIVE
Committee major funding from:
Reyla Graber
AIDS Healthcare Foundation
Latest Official Top Funders: https://ourneighborhoodvoices.com/
OFFICIAL TITLE AND SUMMARY (SAME AS ON PETITION)
The Attorney General of California has prepared the following circulating title and summary of the
chief purpose and points a the proposed measure:
Provides that city and county land-use and zoning laws (including local housing laws) override all
conflicting state laws, except in certain circumstances related to three areas of statewide concern: (1) the
California Coastal Act of 1976; (2) siting of power plants; or (3) development of water, communication, or
transportation infrastructure projects. Prevents state legislature and local legislative bodies from passing
laws invalidating voter-approved local land-use or zoning initiatives. Prohibits state from changing,
granting, or denying funding to local governments based on their implementation of this measure.
Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local
governments: Fiscal effects of the measure depend on future decisions by the cities and counties and
therefore are unknown. (21-0016A1.)
ORDINANCE 521
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SOLANA
BEACH, CALIFORNIA, ADDING SECTION 17.20.040(R) TO THE
SOLANA BEACH MUNICIPAL CODE TO PROVIDE FOR REGULATIONS
CONCERNING TWO-UNIT RESIDENTIAL DEVELOPMENTS IN SINGLE
FAMILY RESIDENTIAL ZONES, AMENDING CHAPTER 17.12 AND
SECTION 17.20.020 MAKING TWO-UNIT RESIDENTIAL
DEVELOPMENTS A PERMITTED USE IN SINGLE-FAMILY
RESIDENTIAL ZONES, AND ADDING CHAPTER 16.48 TO THE
SOLANA BEACH MUNICIPAL CODE TO PROVIDE REGULATIONS
CONCERNING URBAN LOT SPLIT SUBDIVISIONS IN SINGLE-FAMILY
RESIDENTIAL ZONES
WHEREAS, the City Council of the City of Solana Beach seeks to implement
Senate Bill 9 (SB 9) (Chapter 162, Statutes 2021) through the implementation of
regulations concerning two-unit residential developments and urban lot split subdivisions
in single-family residential zones; and
WHEREAS, state lawmakers are increasingly concerned about the lack of supply
of housing units in the State of California; and
WHEREAS, the State Legislature adopted SB 9 in order to require local
jurisdictions to approve infill developments of up to four units in existing single-family
zones, subject only to objective local standards that would permit at least two units of 800
square feet per lot in single family zones; and
WHEREAS, this ordinance is exempt from the California Environmental Quality
Act pursuant to Government Code Sections 65852.21(j) and 66411.7(n) because the
adoption of an ordinance to implement SB 9 shall not be considered a project under
Division 13 (commencing with Section 21000) of the Public Resources Code.
NOW, THEREFORE, the City Council of the City of Solana Beach hereby ordains
as follows:
Section 1. All of the statements set forth in the recitals above are true and
correct and are incorporated herein.
Section 2. Section 17.20.040(R) "Two-unit residential developments in single
family zones" is added to Chapter 17.20 "Specific Requirements" of the Solana Beach
Municipal Code to read as follows:
"17.20.040(R) Two-unit residential developments in single family zones.
A. Purpose and Findings.
Ordinance 521
SB9 Two-Unit, Lot Split
Page 2 of 20
1.The purpose of this section is to provide regulations for the establishment of
two-unit residential developments in single-family residential zones and to define
an approval process for such two-unit residential developments consistent with
Government Code Section 65852.21, or any successor statute. The intent of this
section is to provide opportunities for more housing in existing single family
residential zones as mandated by state law. It is also the goal to provide
development standards to ensure the orderly development of these units in
appropriate areas of the City.
2.Two-unit residential developments are residential uses consistent with the uses
permitted in zones that allow for single-family residential development.
3.Government Code Section 65852.21 preempts the density limitations
established by the General Plan and the underlying zones in which two-unit
residential developments created pursuant to the requirements of this subsection
are permitted. Incompatibility with the City's density limitations shall not provide a
basis to deny a two-unit residential development that otherwise conforms to the
requirements of this section.
B. A two-unit residential development containing no more than two residential units
within a single-family residential zone shall be considered ministerially, without
discretionary review or a hearing, if the proposed housing meets all of the standards set
forth below. For purposes of this section, a two-unit residential development contains
two residential units if the development proposes two new units or if it proposes to add
one new unit to one existing unit.
1.If a parcel includes an existing single family home, one additional unit of not
more than 825 square feet may be developed pursuant to this section. No more
than 25 percent of the existing exterior structural walls shall be demolished to
create the two-unit residential development, unless the existing single family home
has not been occupied by a tenant in the last three years.
2.If a parcel does not include an existing single family home, or if an existing
single family home is proposed to be demolished in connection with the creation of
a two-unit residential development, two units of not more than 825 square feet
each may be developed pursuant to this section.
Ordinance 521
SB9 Two-Unit, Lot Split
Page 3 of 20
3.Each unit in a two-unit residential development shall be separated by a distance
of at least ten feet from any other structure on the parcel; however, units may be
adjacent or connected if the structures meet building code safety standards and
are sufficient to allow separate conveyance.
4.Unit Count. The following limitations apply to the number of units that may be
created on a single parcel.
a. If a parcel was created subject to the urban lot split subdivision provisions
of Chapter 16.48, no more than two units -- including primary dwelling units,
accessory dwelling units, and/or junior accessory dwelling units in any
combination -- shall be permitted on a parcel.
i.If a parcel was created subject to the urban lot split subdivision
provisions of Chapter 16.48 and includes an existing or proposed two-unit
development, then no accessory dwelling units or junior accessory
dwelling units shall be permitted on the parcel.
ii.If a parcel was created subject to the urban lot split subdivision
provisions of Chapter 16.48 and includes one primary dwelling unit only,
then one accessory dwelling unit or one junior accessory dwelling unit for
each primary dwelling unit is permitted.
b. If a parcel was not created subject to the urban lot split subdivision
provisions of Chapter 16.48, no more than four units -- including primary
dwelling units,.accessory dwelling units, and/or junior accessory dwelling
units in any combination -- shall be permitted on a parcel.
i.If a parcel was not created subject to the urban lot split subdivision
provisions of Chapter 16.48 and includes an existing or proposed two-unit
development, then one accessory dwelling unit may be developed for
each primary dwelling unit on the parcel.
ii.If a parcel was not created subject to the urban lot split subdivision
provisions of Chapter 16.48 and includes a single primary dwelling unit,
then one accessory dwelling unit and one junior accessory dwelling unit
may be developed instead of a two-unit residential development.
Ordinance 521
SB9 Two-Unit, Lot Split
Page 4 of 20
C. A two-unit residential development shall be prohibited in each of the following
circumstances:
1. The two-unit residential development would require demolition or alteration of
any of the following types of housing:
a.Housing that is subject to a recorded covenant, ordinance, or law that
restricts rents to levels affordable to persons and families of moderate, low, or
very low income.
b.Housing that is subject to any form of rent or price control through a public
entity's valid exercise of its police power.
c.Housing that has been occupied by a tenant in the last three years. An
applicant for a two-unit residential development must demonstrate whether
any existing housing on the parcel was owner occupied or vacant to Director's
satisfaction.
2. The parcel subject to the proposed housing development is a parcel on which
an owner of residential real property has exercised the owner's rights under
Government Code Section 7060 et seq. to withdraw accommodations from rent or
lease within 15 years before the date that the development proponent submits an
application.
3. The parcel subject to the proposed housing development is located within a
historic district or property included on the State Historic Resources Inventory, as
defined in Public Resources Code Section 5020.1, or within a site that is
designated or listed as a city or county landmark or historic property or district
pursuant to a city or county ordinance.
4. If the two-unit residential development is on a parcel that is any of the following:
a. Either prime farmland or farmland of statewide importance, as defined
pursuant to United States Department of Agriculture land inventory and
monitoring criteria, as modified for California, and designated on the maps
prepared by the Farmland Mapping and Monitoring Program of the
Department of Conservation, or land zoned or designated for agricultural
Ordinance 521
SB9 Two-Unit, Lot Split
Page 5 of 20
protection or preservation by a local ballot measure that was approved by the
voters of that jurisdiction.
b.Wetlands, as defined in the United States Fish and Wildlife Service
Manual, Part 660 FW 2 (June 21, 1993).
c.Within a very high fire hazard severity zone, as determined by the
Department of Forestry and Fire Protection pursuant to Government Code
Section 51178, or within a high or very high fire hazard severity zone as
indicated on maps adopted by the Department of Forestry and Fire Protection
pursuant to Section 4202 of the Public Resources Code. This subparagraph
does not apply to sites excluded from the specified hazard zones by a local
agency, pursuant to subdivision (b) of Section 51179 of the Government
Code, or sites that have adopted fire hazard mitigation measures pursuant to
existing building standards or state fire mitigation measures applicable to the
development.
d.A hazardous waste site that is listed pursuant to Government Code Section
65962.5 or a hazardous waste site designated by the Department of Toxic
Substances Control pursuant to Section 25356 of the Health and Safety
Code, unless the State Department of Public Health, State Water Resources
Control Board, or Department of Toxic Substances Control has cleared the
site for residential use or residential mixed uses.
e.Within a delineated earthquake fault zone as determined by the State
Geologist in any official maps published by the State Geologist, unless the
development complies with applicable seismic protection building code
standards adopted by the California Building Standards Commission under
the California Building Standards Law (Part 2.5 (commencing with Section
18901) of Division 13 of the Health and Safety Code), and by any local
building department under Chapter 12.2 (commencing with Section 8875) of
Division 1 of Title 2.
f.Within a special flood hazard area subject to inundation by the 1 percent
annual chance flood (100-year flood) as determined by the Federal
Emergency Management Agency in any official maps published by the
Ordinance 521
SB9 Two-Unit, Lot Split
Page 6 of 20
Federal Emergency Management Agency. If a development proponent is able
to satisfy all applicable federal qualifying criteria in order to provide that the
site satisfies this subparagraph and is otherwise eligible for streamlined
approval under this section, a local government shall not deny the application
on the basis that the development proponent did not comply with any
additional permit requirement, standard, or action adopted by that local
government that is applicable to that site. A development may be located on a
site described in this subparagraph if either of the following are met: (i) The
site has been subject to a Letter of Map Revision prepared by the Federal
Emergency Management Agency and issued to the local jurisdiction; or (ii)
The site meets Federal Emergency Management Agency requirements
necessary to meet minimum flood plain management criteria of the National
Flood Insurance Program pursuant to Part 59 (commencing with Section
59.1) and Part 60 (commencing with Section 60.1) of Subchapter B of
Chapter I of Title 44 of the Code of Federal Regulations.
g.Within a regulatory floodway as determined by the Federal Emergency
Management Agency in any official maps published by the Federal
Emergency Management Agency, unless the development has received a no-
rise certification in accordance with Section 60.3(d)(3) of Title 44 of the Code
of Federal Regulations. If a development proponent is able to satisfy all
applicable federal qualifying criteria in order to provide that the site satisfies
this subparagraph and is otherwise eligible for streamlined approval under
this section, a local government shall not deny the application on the basis
that the development proponent did not comply with any additional permit
requirement, standard, or action adopted by that local government that is
applicable to that site.
h.Lands identified for conservation in an adopted natural community
conservation plan pursuant to the Natural Community Conservation Planning
Act (Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and
Game Code), habitat conservation plan pursuant to the federal Endangered
Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), or other adopted natural
resource protection plan.
Ordinance 521
SB9 Two-Unit, Lot Split
Page 7 of 20
i.Habitat for protected species identified as candidate, sensitive, or species of
special status by state or federal agencies, fully protected species, or species
protected by the federal Endangered Species Act of 1973 (16 U.S.C. Sec.
1531 et seq.), the California Endangered Species Act (Chapter 1.5
(commencing with Section 2050) of Division 3 of the Fish and Game Code),
or the Native Plant Protection Act (Chapter 10 (commencing with Section
1900) of Division 2 of the Fish and Game Code).
j.Lands under conservation easement.
5. If the two-unit residential development would cause there to be more than four
total units — including primary dwelling units, accessory dwelling units, and/or junior
accessory dwelling units — on any single parcel or on any two parcels that were
created using the urban lot split subdivision provisions of Chapter 16.48.
D. Any construction of a two-unit residential development shall conform to all property
development regulations of the zone in which the property is located including, but not
limited to, height limits, setback, lot coverage, landscape, and floor area ratio (FAR), as
well as all fire, health, safety and building provisions of this title, subject to the following
exceptions:
1.No setback shall be required for an existing structure or a structure constructed
in the same location and to the same dimensions as an existing structure.
Verification of size and location of the existing and proposed structure by City staff
requires the applicant to provide pre- and post-construction surveys by a California
licensed land surveyor to the City's satisfaction.
2.For all other dwelling units proposed in connection with a two-unit residential
development, a minimum setback of four feet, or the applicable setback for the
zone district, whichever is less, is required from the rear and side property lines.
3.Limits on lot coverage, floor area ratio, open space, and size must permit two
units of 800 square feet each in connection with a two-unit residential
development.
Ordinance 521
SB9 Two-Unit, Lot Split
Page 8 of 20
4.New dwelling units proposed in connection with a two-unit residential
development shall not exceed 16 feet in height measured from preexisting grade
or finished grade, whichever is lower, to the highest point of the roof.
5.For a two-unit residential development connected to an onsite wastewater
treatment system, the applicant shall provide a percolation test completed within
the last 5 years, or, if the percolation test has been recertified, within the last 10
years.
6.All dwelling units created in connection with a two-unit residential development
shall have independent exterior access.
7.For applications that do not involve an urban lot split subdivision pursuant to
Chapter 16.48, one of the dwellings on the lot must be the bona fide principal
residence of at least one legal owner of the lot containing the dwelling, as
evidenced at the time of approval of the two-unit residential development by
appropriate documents of title and residency. Prior to the issuance of a building
permit, the applicant shall provide evidence that a covenant has been recorded
stating that one of the dwelling units on the lot shall remain owner occupied.
8.Two-unit residential developments shall only be used for rentals of terms of
longer than thirty (30) days.
9.To ensure compliance with the provisions of the California Coastal Act of 1976,
the following parking requirements apply:
a. One off-street parking space shall be required for each residential unit.
c. If a two-unit residential development replaces an existing garage or other
required parking, replacement spaces shall be provided in accordance with
the requirements of the underlying zone.
10.Design. When a two-unit residential development dwelling unit is proposed on
a parcel with an existing single family dwelling unit, the new unit shall utilize the
same exterior materials and colors as the existing dwelling unit.
Ordinance 521
SB9 Two-Unit, Lot Split
Page 9 of 20
11.Two-unit residential developments shall provide a new separate gas, electric,
and water utility connection directly between each dwelling unit and the utility. The
connection may be subject to a connection fee or capacity charge.
12.Two-unit residential developments shall be required to provide fire sprinklers.
13.Two-unit residential developments shall be required to provide a solar
photovoltaic (PV) system as an electricity source.
14.In no event shall grading pursuant to an application submitted under this
chapter exceed one hundred (100) cubic yards.
E.Applications for two-unit residential developments located in the Coastal Zone must
be submitted together with a copy of a valid Coastal Development Permit issued by the
California Coastal Commission.
F.Applications for two-unit residential developments conforming to the requirements of
this section shall be considered ministerially without discretionary review or a hearing by
the director of community development. Incomplete applications will be returned with an
explanation of what additional information is required.
G.A proposed two-unit residential development may be denied if the director of
community development makes a written finding, based upon a preponderance of the
evidence, that the proposed housing development project would have a specific,
adverse impact, as defined and determined in paragraph (2) of subdivision (d) of
Section 65589.5 of the Government Code, upon public health and safety or the physical
environment and for which there is no feasible method to satisfactorily mitigate or avoid
the specific, adverse impact.
H.Prior to the issuance of a building permit for a two-unit residential development
dwelling unit, the property owner shall record a covenant with the County Recorder's
Office, the form and content of which is satisfactory to the City Attorney. The covenant
shall notify future owners of the owner occupancy requirements, the approved size and
attributes of the units, and minimum rental period restrictions. The covenant shall also
reflect the number of units approved and provide that no more than four total units may
be created on any single parcel or on any two parcels created using urban lot split
subdivision procedures. If an urban lot split subdivision was approved, the covenant
Ordinance 521
SB9 Two-Unit, Lot Split
Page 10 of 20
shall provide that no variances shall be permitted other than those code deviations
expressly allowed by this Chapter. This covenant shall remain in effect so long as a
two-unit residential development exists on the parcel.
I. In cases of conflict between this section and any other provision of this title, the
provisions of this section shall prevail. To the extent that any provision of this section is
in conflict with State law, the applicable provision of State law shall control, but all other
provisions of this section shall remain in full force and effect."
Section 3. Subparagraph D.1 of Section 17.12.010 of the Solana Beach
Municipal Code is amended to read as follows:
"b.Two-Unit Residential Development. Any primary dwelling units designed and
used to house two households living independently of each other on the same legal lot.
Dwelling units may be attached or detached and are subject to the provisions of Section
17.20.040(R).
"c.Duplex. Any building(s) designed and used to house three or more families
living independently of each other on the same legal lot. Dwelling unit may be attached
or detached. Minimum separation between principal structures on the same lot is 15 feet."
Section 4. Table 17.12.020-A in Section 17.12.020 of the Solana Beach
Municipal Code is amended to read as follows (changes shown in underline and
strikeout):
ZONE
USE ER-1 ER-2 LR LMR MR IVIHR FIR C SC LC OF PI LI A OSR ROW
1. RESIDENTIAL USES
1 Single-Family
Dwellings
PP
P
PPPPE
EEEEEPPLE
1.5 Two-Unit PP
P P
EEEEEEEEEEEE
Residential
Development
2
DuolexT EEEPPPPLPLPLEEEEEE
Dwellings (duplex)
Ordinance 521
SB9 Two-Unit, Lot Split
Page 11 of 20
Section 5. Section 17.20.020 of the Solana Beach Municipal Code is amended
by adding a new subparagraph "E" to read as follows:
"E. Two-unit Residential Developments. Two-unit residential developments shall
be permitted in the (ER-1), (ER-2), (LR), (LMR) zones pursuant to SBMC 17.20.040(R)
(Two-unit Residential Developments in Single-Family Zones)."
Section 6. Chapter 16.48. "Urban Lot Split Requirements" of the Solana Beach
Municipal Code is hereby added to read as follows:
"Chapter 16.48
URBAN LOT SPLIT SUBDIVISION REQUIREMENTS
Sections:
16.48.010 Urban tot split subdivision.
16.48.020 Preparation of urban lot split map.
16.48.030 Application.
16.48.040 Information to be filed with urban lot split map.
16.48.050 Requirements for urban lot split map.
16.48.060 Application of objective standards.
16.48.070 Grading plan.
16.48.080 Preliminary title report.
16.48.090 Revised urban lot split map.
16.48.100 City Engineer — Duties.
16.48.110 Consideration of urban lot split map — Notice of decision.
16.48.120 Disapproval of urban lot split map.
16.48.130 Transmittal of urban lot split map to County Recorder.
16.48.140 Correction and amendment of urban lost split map.
16.48.010 Urban lot split subdivision.
No person shall create an urban lot split subdivision except by the filing of an urban lot
split map approved pursuant to this title and the Subdivision Map Act,
16.48.020 Preparation of urban lot split map.
Ordinance 521
SB9 Two-Unit, Lot Split
Page 12 of 20
The urban lot split map shall be prepared by or under the direction of a registered civil
engineer or licensed land surveyor, shall show the location of streets and property lines
bounding the property and shall conform to all of the following provisions:
A.The provisions of Section 66445 of the Subdivision Map Act.
B.Shall be based upon a field survey made in conformity with the Land Surveyors Act.
(Gov. Code § 66448)
16.48.030 Application.
A.A subdivider applying for an urban lot split subdivision plat shall file an application with
the City Engineer, together with copies of an urban lot split map. An applicant for an
urban lot split subdivision shall sign and submit with the application an affidavit stating
that the applicant intends to occupy one of the housing units as their principal residence
for a minimum of three (3) years from the date of the approval of the urban lot split. An
affidavit shall not be required of an applicant that is either a "community land trust" or a
"qualified nonprofit corporation" as defined in the Revenue and Taxation Code.
B.The City Engineer shall not accept an application or map for processing unless the
Department finds that the urban lot split map is consistent with the zoning provisions of
this code and that all approvals and permits required by the city zoning provisions for
the project have been given or issued.
C.The City Engineer shall not accept an application or map an urban lot split located in
the Coastal Zone unless it is submitted together with a copy of a valid Coastal
Development Permit issued by the California Coastal Commission.
D.Notwithstanding the provisions of subsection B of this section, an urban lot split map
may be processed concurrently with documents, permits or approvals required by the
zoning provisions of this code, if the applicant first waives the time limits for processing,
approving or conditionally approving or disapproving an urban lot split map provided by
this title or the Subdivision Map Act.
16.48.040 Information to be filed with urban lot split map.
Such information as may be prescribed by the rules and regulations approved by the
city council and such additional information as the City Engineer may find necessary
with respect to any particular case to implement the provisions of this title shall
Ordinance 521
SB9 Two-Unit, Lot Split
Page 13 of 20
accompany the urban lot split map at the time of submission, including a certificate of an
engineer or land surveyor in accordance with Section 66449 of the Subdivision Map Act,
and a certificate in accordance with Section 66450 of the Subdivision Map Act relating
to unincorporated territory.
16.48.050 Requirements for urban lot split map.
The City Engineer shall ministerially approve a parcel map for an urban lot split only if
the City Engineer determines that the parcel map for the urban lot split meets all of the
following requirements:
A.Both newly created parcels shall be no smaller than 1,200 square feet.
B.Both newly created parcels shall be of approximately equal lot area, which for
purposes of this paragraph shall mean that one parcel shall not be smaller than 40
percent of the lot area of the original parcel proposed for subdivision.
C.New unit size shall be not greater than 825 square feet. Maps shall show the
footprints of existing and proposed structures.
D.The parcel being subdivided is located within an (ER-1), (ER-2), (LR), or (LMR) zone
permitting single family dwellings described in Chapter 17.20 SBMC.
E.The parcel being subdivided is not located on a site that is any of the following:
1.Either prime farmland or farmland of statewide importance, as defined
pursuant to United States Department of Agriculture land inventory and monitoring
criteria, as modified for California, and designated on the maps prepared by the
Farmland Mapping and Monitoring Program of the Department of Conservation, or land
zoned or designated for agricultural protection or preservation by a local ballot measure
that was approved by the voters of that jurisdiction.
2.Wetlands, as defined in the United States Fish and Wildlife Service Manual,
Part 660 FW 2 (June 21, 1993).
3.Within a very high fire hazard severity zone, as determined by the Department
of Forestry and Fire Protection pursuant to Section 51178 of the Government Code, or
within a high or very high fire hazard severity zone as indicated on maps adopted by the
Department of Forestry and Fire Protection pursuant to Section 4202 of the Public
Ordinance 521
SB9 Two-Unit, Lot Split
Page 14 of 20
Resources Code. This subparagraph does not apply to sites excluded from the
specified hazard zones by a local agency, pursuant to subdivision (b) of Section 51179
of the Government Code, or sites that have adopted fire hazard mitigation measures
pursuant to existing building standards or state fire mitigation measures applicable to
the development.
4.A hazardous waste site that is listed pursuant to Section 65962.5 of the
Government Code or a hazardous waste site designated by the Department of Toxic
Substances Control pursuant to Section 25356 of the Health and Safety Code, unless
the State Department of Public Health, State Water Resources Control Board, or
Department of Toxic Substances Control has cleared the site for residential use or
residential mixed uses.
5.Within a delineated earthquake fault zone as determined by the State
Geologist in any official maps published by the State Geologist, unless the development
complies with applicable seismic protection building code standards adopted by the
California Building Standards Commission under the California Building Standards Law
(Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety
Code), and by any local building department under Chapter 12.2 (commencing with
Section 8875) of Division 1 of Title 2 of the Government Code.
6.Within a special flood hazard area subject to inundation by the 1 percent
annual chance flood (100-year flood) as determined by the Federal Emergency
Management Agency in any official maps published by the Federal Emergency
Management Agency. If a development proponent is able to satisfy all applicable federal
qualifying criteria in order to provide that the site satisfies this subparagraph and is
otherwise eligible for streamlined approval under this section, a local government shall
not deny the application on the basis that the development proponent did not comply
with any additional permit requirement, standard, or action adopted by that local
government that is applicable to that site. A development may be located on a site
described in this subparagraph if either of the following are met:
(i) The site has been subject to a Letter of Map Revision prepared by the
Federal Emergency Management Agency and issued to the local jurisdiction.
Ordinance 521
SB9 Two-Unit, Lot Split
Page 15 of 20
(ii) The site meets Federal Emergency Management Agency requirements
necessary to meet minimum flood plain management criteria of the National
Flood Insurance Program pursuant to Part 59 (commencing with Section 59.1)
and Part 60 (commencing with Section 60.1) of Subchapter B of Chapter I of Title
44 of the Code of Federal Regulations.
7.Within a regulatory floodway as determined by the Federal Emergency
Management Agency in any official maps published by the Federal Emergency
Management Agency, unless the development has received a no-rise certification in
accordance with Section 60.3(d)(3) of Title 44 of the Code of Federal Regulations. If a
development proponent is able to satisfy all applicable federal qualifying criteria in order
to provide that the site satisfies this subparagraph and is otherwise eligible for
streamlined approval under this section, a local government shall not deny the
application on the basis that the development proponent did not comply with any
additional permit requirement, standard, or action adopted by that local government that
is applicable to that site.
8.Lands identified for conservation in an adopted natural community
conservation plan pursuant to the Natural Community Conservation Planning Act
(Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code),
habitat conservation plan pursuant to the federal Endangered Species Act of 1973 (16
U.S.C. Sec. 1531 at seq.), or other adopted natural resource protection plan.
9.Habitat for protected species identified as candidate, sensitive, or species of
special status by state or federal agencies, fully protected species, or species protected
by the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), the
California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of
Division 3 of the Fish and Game Code), or the Native Plant Protection Act (Chapter 10
(commencing with Section 1900) of Division 2 of the Fish and Game Code).
10.Lands under conservation easement.
F. The proposed urban lot split would not require demolition or alteration of any of the
following types of housing:
1. Housing that is subject to a recorded covenant, ordinance, or law that restricts
rents to levels affordable to persons and families of moderate, low, or very low income.
Ordinance 521
SB9 Two-Unit, Lot Split
Page 16 of 20
2.Housing that is subject to any form of rent or price control through a public
entity's valid exercise of its police power.
3.A parcel or parcels on which an owner of residential real property has exercised
the owner's rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of
Title 1 to withdraw accommodations from rent or lease within 15 years before the date
that the development proponent submits an application under this Chapter.
4.Housing that has been occupied by a tenant in the last three years. An applicant
for an urban lot split subdivision must demonstrate wither any existing housing on the
parcel was owner occupied or vacant to Director's satisfaction.
G.The parcel is not located within a historic district or property included on the State
Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code,
or within a site that is designated or listed as a city or county landmark or historic property
or district pursuant to a city or county ordinance.
H.The parcel has not been established through prior exercise of an urban lot split as
provided for in this Chapter.
I.Neither the owner of the parcel being subdivided nor any person acting in concert with
the owner has previously subdivided an adjacent parcel using an urban lot split as
provided for in this Chapter.
J.All easements required for the provision of public services and facilities shall be
dedicated or conveyed by an instrument in a form acceptable to the Department of
Community Development.
K.Units constructed on an urban lot split subdivision approved pursuant to this chapter
shall be subject to and comply with the minimum setback requirements specified in SBMC
17.20.040(R).D.
L.Units constructed on an urban lot split subdivision approved pursuant to this chapter
shall not exceed sixteen feet (16') in height measured from preexisting grade or finished
grade, whichever is lower, to the highest point of the roof.
M.Each unit located on a parcel created pursuant to this chapter shall have vehicular
ingress and egress to the public right-of-way, which shall be either through access over
Ordinance 521
SB9 Two-Unit, Lot Split
Page 17 of 20
land owner in fee or evidences by a recorded easement in favor of the parcel requiring
right-of-way access.
N.There shall be provided no less than one space per unit of off-street parking.
0. Each unit shall be required to provide a solar photovoltaic (PV) system as an electricity
source.
P.The uses allowed on a parcel created pursuant to this chapter shall be limited to
residential uses.
O.Dwelling units constructed on urban lot split subdivision lots shall only be used for
rentals of terms of longer than thirty (30) days.
R. Prior to approval of an urban lot split subdivision, the applicant shall have complied
with the covenant recording requirement contained in SBMC 17.20.040(R).D.7 and
17.20.040(R).H.
16.48.060 Application of Objective Standards.
Development proposed on lots created by an urban lot split subdivision shall comply with
all objective zoning standards, objective subdivision standards, and objective design
review standards applicable to the parcel based on the underlying zoning; provided,
however, that the application of such standards shall be reduced if the standards would
have the effect of physically precluding the construction of two units on either of the
resulting parcels created pursuant to this chapter or would result in a unit size of less than
800 square feet. Any waivers or reductions of development standards shall be the
minimum waiver or reduction necessary to avoid physically precluding two units of 800
square feet, and no additional variances shall be permitted.
16.48.070 Grading plan.
There shall be filed with each urban lot split map a grading plan showing graded
building site elevations and grading proposed for the creation of building sites or for
construction or installation of improvements to serve the subdivision. The grading plan,
together with the original topography contours, may be shown on an exhibit to the urban
lot split map. The grading plan shall indicate approximate earthwork volumes of
proposed excavation and filling operations. In the event no grading is proposed, a
statement to that effect shall be placed on the urban lot split map. In no event shall
Ordinance 521
SB9 Two-Unit, Lot Split
Page 18 of 20
grading pursuant to an application submitted under this chapter exceed one hundred
(100) cubic yards.
16.48.080 Preliminary title report.
There shall be filed with each urban lot split map, a current preliminary title report of the
property being subdivided or altered.
16.48.090 Revised urban lot split map.
Where a subdivider desires to revise an approved urban lot split map, the subdivider
may file with the City Engineer, prior to the expiration of the approved urban lot split
map, a revised urban lot split map on payment of the fees specified in SBMC 16.08.010.
16.48.100 City Engineer — Duties.
The City Engineer or his or her designee is authorized and directed to carry out the
following duties, concerning applications for urban lot split maps under this chapter:
A.Obtain the recommendations of other city departments, governmental agencies or
special districts as may be deemed appropriate or necessary by the City Engineer in
order to carry out the provisions of this title;
B.Consider all recommendations and the results of all investigations and ministerially
approve, or disapprove the application.
16.48.110 Consideration of urban lot split map — Notice of decision.
Within 50 calendar days after a complete application for an urban lot split map is filed
with it, the City Engineer shall ministerially approve or disapprove such map. The time
limit specified in this paragraph may be extended by mutual consent of the applicant
and the city. If the urban lot split map is disapproved, the reasons therefor shall be
stated in the notice of disapproval.
16.48.120 Disapproval of urban lot split map.
The City Engineer shall not approve an urban lot split map under any of the following
circumstances:
A. The land proposed for division is a lot or parcel which was part of an urban lot split
map that the City previously approved.
Ordinance 521
SB9 Two-Unit, Lot Split
Page 19 of 20
B.The subdivision proposes creation of more than two lots or more than four units total
among the two lots.
C.The City Engineer finds that the urban lot split map does not meet the requirements
of this code or that all approvals or permits required by this code for the project have not
been given or issued.
D.Based on a preponderance of the evidence, the building official finds that the
proposed housing development project would have a specific, adverse impact, as
defined and determined in paragraph (2) of subdivision (d) of Government Code Section
65589.5, upon public health and safety or the physical environment and for which there
is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.
E._The urban lot split's failure to comply with applicable, objective requirements
imposed by the Subdivision Map Act and this title._Any decision to disapprove an urban
lot split map shall be accompanied by a finding identifying the applicable, objective
requirements imposed by the Subdivision Map Act and this title or the conditions of
approval which have not been met or performed.
16.48.130 Transmittal of urban lot split map to County Recorder.
After the approval by the City of an urban lot split map, the applicant or its agent shall
transmit the map to the County Recorder. An urban lot split subject to Section 66493 of
the Subdivision Map Act shall be processed in compliance with Government Code
Section 66464(b).
16.48.140 Correction and amendment of urban lot split map.
Corrections of and amendments to the urban lot split map shall be made pursuant to
Section 66469 et seq. of the Act.
Section 7. The City Council finds that this Ordinance is exempt from the
provisions of the California Environmental Quality Act (CEQA) pursuant to Government
Code Sections 65852.21(j) and 66411.7(n) because the adoption of an ordinance to
implement SB 9 shall not be considered a project under Division 13 (commencing with
Section 21000) of the Public Resources Code.
Section 8. If any section, subsection, subdivision, paragraph, sentence, clause
or phrase of this Chapter, or its application to any person or circumstance, if for any
reason held to be invalid or unenforceable, such invalidity or unenforceability shall not
affect the validity or enforceability of the remaining sections, subsections, subdivisions,
JOHAN N. CANL S, City Attorney
Ordinance 521
SB9 Two-Unit, Lot Split
Page 20 of 20
paragraphs, sentences, clauses or phrases of this Chapter, or its application to any other
person or circumstance. The City Council declares that it would have adopted each
section, subsection, subdivision, paragraph, sentence, clause or phrase hereof,
irrespective of the fact that any one or more other sections, subsections, subdivisions,
paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.
EFFECTIVE DATE: This Ordinance shall be effective thirty (30) days after its
adoption. Within fifteen (15) days after its adoption, the City Clerk of the City of Solana
Beach shall cause this Ordinance to be published pursuant to the provisions of
Government Code Section 36933.
INTRODUCED AND FIRST READ by the City Council of the City of Solana
Beach at a regular meeting thereof on the 10th day of November 2021.
PASSED, ADOPTED, AND APPROVED by the City Council of the City of Solana
Beach at a regular meeting thereof this 8th day of December 2021 by the following vote
to wit:
AYES: Councilmembers — Heebner, Becker, Harless, Zito, Edson
NOES: Councilmembers — None
ABSTAIN: Councilmembers — None
ABSENT: Councilmembers — None
APPROVED AS TO FORM:
LESA HEEBNER, Mayor
ATTEST:
TV:
ORDINANCE CERTIFICATION
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO §
CITY OF SOLANA BEACH 1
1, MEGAN BAVIN, Deputy City Clerk of the City of Solana Beach, California, DO HEREBY
CERTIFY that the foregoing is a full, true and correct copy of ORDINANCE 521 adding
Section 17.20.040(R) to the Solana Beach Municipal Code to provide for regulations
concerning two-unit residential developments in single family residential zones, amending
Chapter 17.12 and Section 17.20.020 making two-unit residential developments a
permitted use in single-family residential zones, and adding Chapter 16.48 to the Solana
Beach Municipal Code to provide regulations concerning urban lot split subdivisions in
single-family residential zones, by the City Council of Solana Beach. This Ordinance has
been published as required pursuant to law and the original is filed in the City Clerk's
Office. (GC 40806).
CERTIFICATION DATE: re_v)(1.4cAS\I , 2022
INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS
The Attorney General of California has prepared the following circulating title and summary of the chief purpose and points
of the proposed measure:
(21-0016A1.) PROVIDES THAT LOCAL LAND-USE AND ZONING LAWS OVERRIDE CONFLICTING STATE LAWS.
INITIATIVE CONSTITUTIONAL AMENDMENT. Provides that city and county land-use and zoning laws (including local housing
laws) override all conflicting state laws, except in certain circumstances related to three areas of statewide concern: (I) the California
Coastal Act of 1976; (2) siting of power plants; or (3) development of water, communication, or transportation infrastructure projects.
Prevents state legislature and local legislative bodies from passing laws invalidating voter-approved local land-use or zoning initiatives.
Prohibits state from changing, granting, or denying funding to local governments based on their implementation of this measure.
Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: Fiscal effects of the
measure depend on future decisions by the cities and counties and therefore are unknown.
To the Honorable Secretary of State of California
We, the undersigned, registered, qualified voters of California, residents of County (or City
and County), hereby propose amendments to the Constitution of California and petition the Secretary of State to submit the same to
the voters of California for their adoption or rejection at the next succeeding general election or at any special statewide election held
prior to that general election or as otherwise provided by law. The proposed constitutional amendments read as follows:
SECTION 1. The people of the State
of California find and declare all of
the following:
(a)The circumstances and envi-
ronmental impacts of local land use
decisions vary greatly across the state
from locality to locality.
(b)The infrastructure required to
maintain appropriate levels of public
services, including police and fire
services, parklands and public open
spaces, transportation, water supply,
schools, and sewers varies greatly
across the state from locality to local-
ity.
(c)Land use decisions made by
local officials must balance devel-
opment with public facilities and
services while addressing the eco-
nomic, environmental, and social
needs of the particular communities
served by those local officials.
(d)Thus, it is in the best interests
of the state and local communities
for these complex decisions to be
made at the local level to ensure that
the specific, unique characteristics,
constraints, and needs of those com-
munities are properly analyzed and
addressed.
(e)Gentrification of housing
adjacent to public transportation
will reduce or eliminate the avail-
ability of low or very low income
housing near public transit,
resulting in the loss of access by
low or very low income persons
to public transit, declines in pub-
lic transit ridership, and increases
in vehicle miles travelled.
(f)The State Legislature cannot
properly assess the impacts upon each
commun ity of sweeping centralized
and rigid state land use rules and zon-
ing regulations that apply across the
state without regard to community im-
pacts and, as a result, statewide land
use and zoning will do great harm
to local communities with differing
circumstances and concerns.
(g)Community development should
not be controlled by state planners,
but by local governments that know
and can address the needs of, and the
impacts upon, local communities.
Local initiatives approved by vot-
ers pertaining to land use and zoning
restrictions should not be nullified or
superseded by the actions of any local
or state legislative body.
(h)Numerous state laws that target
communities for elimination of zon-
ing standards have been enacted,
and continue to be proposed, that
eliminate or erode local control over
local development and circumvent
the California Environmental Quality
Act ("CEQA"), creating the potential
for harmful environmental impacts to
occur.
(i)The purpose of this measure is
to ensure that all decisions regard-
ing local land use controls, includ-
ing zoning law and regulations, are
made by the affected communities
in accordance with applicable law,
including but not limited to CEQA
(Public Resources Code § 21000 et
seq.), the California Fair Employ-
ment and Housing Act (Government
Code §§ 12900 — 12996), prohibitions
against discrimination (Government
Code § 65008), and affirmatively
furthering fair housing (Government
Code § 8899.50). This constitutional
amendment would continue to pro-
vide for state control in the coastal
zone, the siting of a power plant that
can generate more than 50 megawatts
of electricity, or the development or
construction of water, communication
or transportation infrastructure proj-
ects which the Legislature declares
are matters of statewide concern and
are in the best interests of the state.
For purposes of this measure, it is the
intent that a transportation infrastruc-
ture project shall not include a transit-
oriented development project that is
residential, commercial, or mixed-use.
SECTION 2. Section 4.5 is added to
Article XI of the California Constitu-
tion, to read:
SEC. 4.5. (a) Except as provided
in subdivision (b), in the event of a
conflict with a state statute, a county
charter provision, general plan, spe-
1
cific plan, ordinance or a regulation
adopted pursuant to a county charter,
that regulates the zoning, development
or use of land within the boundaries of
an unincorporated area of the county •
shall be deemed a county affair within •
the meaning of Section 4 and shall
prevail over a conflicting state statute.
No voter approved local initiative that
regulates the zoning, development
-or use of land within the boundaries
of any county shall be overturned or
otherwise nullified by any legislative
body.
(b) A county charter provision, gen-
eral plan, specific plan, ordinance or
a regulation adopted and applicable
to an unincorporated area within a
county, may be determined only by
a court of competent jurisdiction,
in accordance with Section 4, to
address either a matter of statewide
concern or a county affair if that
provision, ordinance, or regulation
conflicts with a state statute with
regard to only the following:
(1)The California Coastal
Act of 1976 (Division 20
(commencing with Section
30090) of the Public Re-
sources Code), or a succes-
sor statute.
(2)The siting of a power
generating facility capable
of generating more than 50
megawatts of electricity and
the California Public Utili-
ties Commission has deter-
mined that a need exists at
that location that is a matter
of statewide concern.
(3)The development or
construction of a water, com-
munication or transportation
infrastructure project for
which the Legislature has
declared in statute the reasons
why the project addresses a
matter of statewide concern
and is in the best interests of
the state. For purposes of this
paragraph, a transportation
infrastructure project does
not include a transit-oriented
development project, whether
residential, commercial, or
mixed-use.
(c)No modification to appro-
priations for state funded programs
shall occur, and no state grant
applications or funding shall be
denied as a result of the applica-
tion of this section. No benefit or
preference in state appropriations
or grants shall be given to an entity
that opts not to utilize the provi-
sions of this section.
(d)The provisions of this section
are severable. If any-provision of
this section or its application is held
invalid, that invalidity shall not af-
fect other provisions or applications
that can be given effect without the
invalid provision or application.
SECTION 3. Section 5.5 is added to
Article XI of the California Constitu-
tion, to read:
SEC. 5.5. (a) Except as provided
in subdivision (b), in the event of a
conflict with a state statute, a city
charter provision, general plan, spe-
cific plan, ordinance or a regulation
adopted pursuant to a city charter,
that establishes land use policies or
regulates zoning or development
standards within the boundaries of
the city shall be deemed a municipal
affair within the meaning of Section
5 and shall prevail over a conflicting
state statute. No voter approved local
initiative that regulates the zoning,
development or use of land within
the boundaries of any city shall be
overturned or otherwise nullified by
any legislative body.
(b) A city charter provision, general
plan, specific plan, ordinance or a
regulation adopted pursuant to a city
charter, may be determined only by
a court of competent jurisdiction, in
accordance with Section 5, to ad-
dress either a matter of statewide
concern or a municipal affair if that
provision, ordinance, or regulation
conflicts with a state statute with re-
gard to only the following:
(1)The California Coastal
Act of 1976 (Division 20
(commencing with Section
30000) of the Public Re-
sources Code), or a succes-
sor statute.
(2)The siting of a power
generating facility capable
of generating more than 50
megawatts of electricity and
the California Public Utili-
ties Commission has deter-
mined that a need exists at
that location that is a matter
of statewide concern.
(3)The development or
construction of a water, com-
munication or transportation
infrastructure project for
which the Legislature has
declared in statute the reasons
why the project addresses a
matter of statewide concern
and is in the best interests of
the state. For purposes of this
paragraph, a transportation
infrastructure project does
not include a transit-oriented
development project, whether
residential, commercial, or
mixed-use.
(c)No modification to appro-
priations for state funded programs
shall occur, and no state grant
applications or funding shall be
denied as a result of the applica-
tion of this section. No benefit or
preference in state appropriations
or grants shall be given fo an entity
that opts not to utilize the provi-
sions of this section.
(d)The provisions of this section
are severable. If any provision of
this section or its application is held
invalid, that invalidity shall not af-
fect other provisions or applications
that can be given effect without the
invalid provision or application.
SECTION 4. Section 7 of Article
XI of the California Constitution is
amended to read:
SEC. 7. (a) A county or city may
make and enforce within its lim-
its all Ibcal, police, sanitary, and
other ordinances and regulations
not that are not, except as provided
in subdivision (b)., in conflict with
general laws. A county or city may
not supersede or otherwise interfere
with any voter approved local initia-
tive pertaining to land use or zoning
restrictions.
(b) A county or city general plan,
2
specific plan, ordinance or regula- provision or application.
tion that regulates the zoning, de-
velopment or use of land within
the boundaries of the county or city
shall prevail over conflicting general .
laws, except for only the following: "
(A)A coastal land use plan,
ordinance or regulation that
conflicts with the California
Coastal Act of 1976 (Division
20 (commencing with Sec-
tion 30000) of the Public Re-
sources Code), or a successor
statute.
(B)An ordinance or regula-
tion that addresses the siting .
of a power generating facility
capable of generating more
than 50 megawatts of electric-
ity and the California Public
Utilities Commission has
determined that a need exists
at that location that is a matter
of statewide concern.
(C)An ordinance or regula-
tion that addresses the de-
velopment or construction
of a water, communication
or transportation infrastruc-
ture project for which the
Legislature has declared in
statute the reasons why the
project addresses a matter of
statewide concern and is in
the best interests of the state.
For purposes of this sub-
paragraph, a transportation
infrastructure project does
not include a transit-oriented
development project, whether
residential, commercial, or
mixed-use.
(c)No modification to appropria-
tions for state funded programs shall
occur, and no state grant applications
or funding shall be denied as a result
.of the application of this section. No
benefit or preference in state appro-
priations or grants shall be given to an
entity that opts not to utilize the provi-
sions of this section.
(d)The provisions of this subdivision
are severable. If any provision of this
subdivision or its application is held
invalid, that invalidity shall not affect
other provisions or applications that
can be given effect without the invalid
3
INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS
The Attorney General of California has prepared the following circulating title and summary of the chief purpose and points
of the proposed measure:
(21-0016AL) PROVIDES THAT LOCAL LAND-USE AND ZONING LAWS OVERRIDE CONFLICTING STATE LAWS.
INITIATIVE CONSTITUTIONAL AMENDMENT. Provides that city and county land-use and zoning laws (including local housing
laws) override all conflicting state laws, except in certain circumstances related to three areas of statewide concern: (1) the California
Coastal Act of 1976; (2) siting of power plants; or (3) development of water, communication, or transportation infrastructure projects.
Prevents state legislature and local legislative bodies from passing laws invalidating voter-approved local land-use or zoning initiatives.
Prohibits state from changing, granting, or denying funding to local governments based on their implementation of this measure.
Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: Fiscal effects of
the measure depend on future decisions by the cities and counties and therefore are unknown.
NOTICE TO THE PUBLIC:
YOU HAVE THE RIGHT TO SEE AN "OFFICIAL TOP FUNDERS" SHEET.
THIS PETITION MAY BE CIRCULATED BY A PAID SIGNATURE GATHERER OR A VOLUNTEER.
YOU HAVE THE RIGHT TO ASK.
THE PROPONENTS OF THIS PROPOSED INITIATIVE MEASURE HAVE THE RIGHT TO WITHDRAW THIS
PETITION AT ANY TIME BEFORE THE MEASURE QUALIFIES FOR THE BALLOT.
This column for All signers of this petition must be registered to vote in County. official use only
1.Residence
Print Name. Address ONLY:
Signature: City.
2.Residence
Print Name: Address ONLY:
Signature. City:
3.Residence
Print Name- Address ONLY:
Signature: City.
4.Residence Print Name* Address ONLY:
Signature. City:
5.Residence
Print Name: Address ONLY:
Signature: City.
6.Residence Print Name. Address ONLY:
Signature: City:
7.Residence Print Name. Address ONLY:
Signature: City'
8.Residence
Print Name. Address ONLY.
Signature: City*
DECLARATION OF CIRCULATOR. (To be completed in circulator's own hand after the above signatures have been
.t. . am 18 years of age or older.
obtained.)
petition
of
.
My residence
and witnessed
the person
1 showed each
true and correct.
Signature of
(print name)
address is .1 circulated this section of the
(addrebs, city. state, zip) i each of the appended signatures being written. Each signature on this petition s, to the best of my information and belief, the genuine signature
whose name it purports to be. All signatures on this document were obtained between the dates of and (month, day. year) (month, signer a valid and unfalsified "Official Top Funders" sheet. I certify under penalty of perjury under the laws of the State of California that
Executed on . at , CA.
day, year)
the foregoing is
(month, day, year) (place of signing)
Circulator
(complete signature indicating fun name of circulator)
eCtg,:`,.#4365 4