AB1632:v98#DOCUMENTBill Start
Amended
IN
Assembly
March 23, 2023
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CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Assembly Bill
No. 1632
Introduced by Assembly Member Quirk-Silva
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February 17, 2023 |
An act to amend Section 50608 65852.5 of the Health and Safety Government Code, relating to housing.
LEGISLATIVE COUNSEL'S DIGEST
AB 1632, as amended, Quirk-Silva.
Affordable housing preservation: loans. Planning and zoning: zoning regulations: nonconventional single-family residential dwellings.
Existing law requires a city or county, as specified, to allow the installation of manufactured homes certified under federal law on a foundation system, as specified, on lots zoned for residential dwellings. Except with respect to architectural elements, existing law requires a city or county to subject the manufactured home and the lot on which it is placed to the same development standards as to which a conventional single-family residential dwelling on the same lot would be subject, as specified. Existing law prohibits a city or county from imposing requirements for a roof overhang of a manufactured home unless the same size requirements also would be imposed on a conventional single-family residential dwelling constructed on the same lot. Existing law authorizes a city or county to impose a roof
overhang requirement on manufactured homes not to exceed 16 inches whenever there are no size requirements for roof overhangs for manufactured homes and conventional single-family dwellings.
This bill would additionally prohibit a city or county from imposing requirements for a roof overhang on a nonconventional single-family residential dwelling unless the same size requirements also would be imposed on a conventional single-family residential dwelling constructed on the same lot. The bill would authorize a city or county to impose a roof overhang requirement on manufactured homes not to exceed 16 inches whenever there are no size requirements for roof overhangs for manufactured homes, conventional single-family dwellings, and nonconventional single-family dwellings.
The bill would include findings
that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law requires the Department of Housing and Community Development to administer various housing programs, including the Multifamily Housing Program. Existing law creates the Housing Rehabilitation Loan Fund and continuously appropriates moneys in that fund for, among other purposes, making deferred-payment rehabilitation loans for financing all or a portion of the cost of rehabilitating existing housing to meet rehabilitation standards, as provided.
Existing law authorizes the department, upon appropriation, to make loans or grants, or both loans and grants, to rehabilitate, capitalize operating subsidy reserves for, and extend the long-term affordability of department-funded housing projects that have an affordability restriction that has expired, that have an affordability restriction with a remaining term of less than 10 years, or are otherwise at risk of conversion to market-rate housing. Existing law makes the principal and accumulated interest due and payable upon completion of the term of the loan. Existing law limits the loan interest rate to 3% per annum on the unpaid principal balance. Existing law further requires that loan payments not exceed 0.42% per annum for the first 30 years of the loan’s term.
This bill would make nonsubstantive changes to these provisions.
Digest Key
Vote:
MAJORITY
Appropriation:
NO
Fiscal Committee:
NOYES
Local Program:
NOYES
Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 65852.5 of the Government Code is amended to read:65852.5.
Notwithstanding the provisions of Section 65852.3, no a city, including a charter city, county, or city and county, may shall not impose size requirements for a roof overhang of a manufactured home subject to the provisions of Section 65852. 3, 65852.3 or any nonconventional
single-family residential dwelling, unless the same size requirements also would be imposed on a conventional single-family residential dwelling constructed on the same lot. However, when there are no size requirements for roof overhangs for both manufactured homes and homes, conventional single-family residential dwellings, or nonconventional single-family residential dwellings, a city, including a charter city, county, city and county, may impose a roof overhang on manufactured homes not to exceed
16 inches.SEC. 2.
The Legislature finds and declares that Section 1 of this act addresses a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 1 of this act applies to all cities, including charter cities.SEC. 3.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.SECTION 1.Section 50608 of the Health and Safety Code is amended to read:50608.(a)For the loans issued pursuant to this chapter, principal and accumulated interest is due and payable upon completion of the term of the loan. The loan shall bear simple interest at the rate of 3 percent per annum on the unpaid principal balance. The department shall require annual loan payments in the minimum amount necessary to cover the costs of project monitoring. For the first 30 years of the loan term, the amount of the required loan payments shall not exceed 0.42 percent per annum. The department may, in its sole discretion, require a monitoring fee as authorized in Section 50607 in lieu of the required loan payment for a portion of or the full term of the loan.
(b)All moneys
received by the department in repayment of loans made pursuant to this chapter, including interest and payments in advance in lieu of future interest, shall be deposited in the Housing Rehabilitation Loan Fund established by Section 50661. Moneys deposited in that fund pursuant to this subdivision shall be used for purposes of the Multifamily Housing Program (Chapter 6.7 (commencing with Section 50675)).
(c)The department may establish maximum loan-to-value requirements for some or all of the types of projects that are eligible for funding pursuant to this chapter.
(d)The department shall establish per-unit and per-project loan limits for all project types.