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SB-634 Low Barrier Navigation Center: opportunity housing: use by right: building standards.(2023-2024)

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Date Published: 05/09/2023 09:00 PM
SB634:v94#DOCUMENT

Amended  IN  Senate  May 09, 2023
Amended  IN  Senate  May 01, 2023
Amended  IN  Senate  April 19, 2023
Amended  IN  Senate  April 10, 2023
Amended  IN  Senate  March 22, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill
No. 634

Introduced by Senator Becker
(Coauthors: Senators Allen and Blakespear)

February 16, 2023

An act to amend Sections 65660, 65662, 65664, and 65666 of, to amend the heading of Article 12 (commencing with Section 65660) of Chapter 3 of Division 1 of Title 7 of, and to add Section 65664.5 to, the Government Code, and to add Section 17922.16 to the Health and Safety Code, relating to housing.


LEGISLATIVE COUNSEL'S DIGEST


SB 634, as amended, Becker. Low Barrier Navigation Center: opportunity housing: use by right: building standards.
Existing law, the Planning and Zoning Law, requires that a Low Barrier Navigation Center development be a use by right in areas zoned for mixed uses and nonresidential zones permitting multifamily uses if it meets prescribed requirements. Existing law defines the terms “Low Barrier Navigation Center” and “use by right” for these purposes.
Existing law provides that the California Environmental Quality Act (CEQA) does not apply to an action taken by a public agency to lease, convey, or encumber land owned by a public entity or to facilitate the lease, conveyance, or encumbrance of land owned by a public agency, or to provide financial assistance to, or otherwise approve, a Low Barrier Navigation Center constructed or allowed by existing law. CEQA does not apply to the ministerial approval of projects.
Existing law prescribes requirements for notifying a developer that its application for a Low Barrier Navigation Center development is complete and for the local jurisdiction to complete its review of the application. Existing law declares that Low Barrier Navigation Center developments are essential tools for alleviating the homelessness crisis in this state and are a matter of statewide concern and thus applicable to charter cities.
Existing law repeals these provisions as of January 1, 2027.
This bill would additionally require an opportunity housing project, as defined, to be a use by right if the project has a relocation housing transition plan for a situation when the parcel on which the project is located is no longer suitable for opportunity housing projects, as specified. The bill would also expand use by right to include sites used pursuant to Executive Order No. N-23-20 and areas zoned for medical use or faith-based use. The bill would provide that these provisions do not apply to an opportunity housing project located on a site in a nonresidential zone unless the site is located near amenities and services that serve people experiencing homelessness, as specified. The bill, by authorizing additional developments to be a use by right under certain circumstances, would expand the exemption for the ministerial approval of projects under CEQA.
The bill would further expand the above-described application requirements to include opportunity housing projects and additionally declare that the projects are a matter of statewide concern. The bill would also authorize an opportunity housing project proponent to submit a request to any local agency regarding any parcel owned by the local agency to inquire whether the parcel is suitable for an opportunity housing project. The bill would require a local agency to respond to the request within 60 days, as specified.
By increasing the duties of local planning officials, this bill would impose a state-mandated local program.
Existing law, the California Building Standards Law, establishes the California Building Standards Commission within the Department of General Services. Existing law requires the commission to approve and adopt building standards and to codify those standards in the California Building Standards Code. Existing law, the State Housing Law, requires the Department of Housing and Community Development to propose the adoption, amendment, or repeal of building standards to the California Building Standards Commission.
The bill would require the Department of Housing and Community Development, at an expedited meeting on or after January 1, 2024, to investigate possible changes to the California Building Code for health, safety, and fire standards that could unnecessarily increase project construction costs for opportunity housing projects. projects, while ensuring housing quality. The bill would authorize the department to propose changes to those building standards for consideration by the California Building Standards Commission if the department determines that changes can be incorporated to reduce the unnecessary construction costs for opportunity housing projects.
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.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 The Legislature finds and declares all of the following:
(a) California faces a severe housing crisis that has made housing unaffordable for too many Californians and, in turn, exacerbated the problem of homelessness.
(b) The cost to build traditionally constructed permanent housing in California is on average $600,000 per unit and rising with inflation.
(c) A significant portion of that cost is driven by the high cost of land.
(d) Even if ample financial resources were available, the time required building sufficient supply of traditionally built housing will be many years at least, and the housing crisis is now.
(e) The impact and trauma of residing on the streets and in encampments causes or exacerbates mental, physical, and behavioral health issues, making it more and more difficult for individuals experiencing homelessness to return to self-sufficiency, thus the housing shortage and homelessness crisis must be addressed urgently.
(f) Vacant land that rests unused is a squandered asset that could be put to more productive interim uses.
(g) Current law allows housing developments to be designed pursuant to the requirements of Appendix P of the California Building Code (Part 2 of Title 24 of the California Code of Regulations) provided that the city or county declares a shelter crisis and the land is publicly owned.
(h) Appendix P of the California Building Code allows housing to be built far more rapidly and cost-effectively than traditionally constructed permanent housing.
(i) The dramatically lower cost to construct relocatable housing using Appendix P of the California Building Code enables the development of housing that can be funded by private investment funds, and does not require tax credits, project-based vouchers, or other funding sources that are in scarce supply and are required for financing permanent buildings.
(j) Attracting private capital to fund very low income housing would be additive to the housing system without diverting badly needed resources from traditional permanent housing development.
(k) Housing that is not permanently affixed, has been used as a form of noncongregate shelter for short term durations and, thus, residents are still considered “homeless” and the programs are funded by the shelter system.

SEC. 2.

 The heading of Article 12 (commencing with Section 65660) of Chapter 3 of Division 1 of Title 7 of the Government Code is amended to read:
Article  12. Low Barrier Navigation Centers and Opportunity Housing Projects

SEC. 3.

 Section 65660 of the Government Code is amended to read:

65660.
 For purposes of this article:
(a) “Low Barrier Navigation Center” means a Housing First, low-barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing. “Low Barrier” means best practices to reduce barriers to entry, and may include, but is not limited to, the following:
(1) The presence of partners if it is not a population-specific site, such as for survivors of domestic violence or sexual assault, women, or youth.
(2) Pets.
(3) The storage of possessions.
(4) Privacy, such as partitions around beds in a dormitory setting or in larger rooms containing more than two beds, or private rooms.
(b) “Opportunity housing project” means a housing project that meets all of the following requirements:
(1) The project provides noncongregate housing.
(2) The housing units are not permanently affixed to the parcel and are relocatable.
(3) Residence in the opportunity housing is reserved for persons experiencing homelessness or at risk of homelessness. homelessness, as defined in Section 578.3 of Title 24 of the Code of Federal Regulations.
(4) The project is located on either of the following:
(A) A privately owned parcel that has no demonstrable use within the next five years.
(B) A publicly owned parcel that the local jurisdiction has determined has no demonstrable use within the next five years and the local jurisdiction is willing to negotiate a lease or license agreement with the opportunity housing project proponent for the parcel pursuant to paragraph (5) of subdivision (a) of Section 65664.5.
(5) The project meets the definition of “Low Barrier Navigation Center” as set forth in subdivision (a).
(c) “Use by right” has the meaning defined in subdivision (i) of Section 65583.2. Division 13 (commencing with Section 21000) of the Public Resources Code shall not apply to actions taken by a public agency to lease, convey, or encumber land owned by a public agency, or to facilitate the lease, conveyance, or encumbrance of land owned by a public agency, or to provide financial assistance to, or otherwise approve, a Low Barrier Navigation Center or opportunity housing project constructed or allowed by this section.

SEC. 4.

 Section 65662 of the Government Code is amended to read:

65662.
 (a) (1) A Low Barrier Navigation Center or an opportunity housing project development is a use by right for sites used pursuant to Executive Order No. N-23-20, in areas zoned for mixed use, and nonresidential zones permitting multifamily uses, medical use, or faith-based use if it meets the requirements of this article. A
(2) An opportunity housing project shall only be a use by right on a site located in a nonresidential zone if the site is located near amenities and services that serve people experiencing homelessness, which include, but are not limited to, health care, public transportation, grocery stores and other retail, employment, and social services, or if residents will receive free transportation to those amenities and services.
(3) A local jurisdiction shall permit a Low Barrier Navigation Center or opportunity housing project development provided that it meets the following requirements:

(1)

(A) It offers services to connect people to permanent housing through a services plan that identifies services staffing.

(2)

(B) It is linked to a coordinated entry system, so that staff in the interim facility or staff who colocate in the facility may conduct assessments and provide services to connect people to permanent housing. “Coordinated entry system” means a centralized or coordinated assessment system developed pursuant to Section 576.400(d) or Section 578.7(a)(8), as applicable, of Title 24 of the Code of Federal Regulations, as those sections read on January 1, 2020, and any related requirements, designed to coordinate program participant intake, assessment, and referrals.

(3)

(C) It complies with Chapter 6.5 (commencing with Section 8255) of Division 8 of the Welfare and Institutions Code.

(4)

(D) It has a system for entering information regarding client stays, client demographics, client income, and exit destination through the local Homeless Management Information System as defined by Section 578.3 of Title 24 of the Code of Federal Regulations.
(b) (1) Subdivision (a) shall only apply to an opportunity housing project that has a relocation housing transition plan developed in consultation with the local jurisdiction for a situation when the parcel on which the project is located is no longer suitable for an opportunity housing project and there are residents residing in the project.
(2) The relocation housing transition plan described in paragraph (1) shall include either of the following:
(A) A process to relocate all occupied housing units on the site to another opportunity housing project permitted under this section.
(B) A process to connect residents to housing services for placement in other comparable or permanent housing.

SEC. 5.

 Section 65664 of the Government Code is amended to read:

65664.
 Within 30 days of receipt of an application for a Low Barrier Navigation Center or opportunity housing project development, the local jurisdiction shall notify a developer whether the developer’s application is complete pursuant to Section 65943. Within 60 days of receipt of a completed application for a Low Barrier Navigation Center or opportunity housing project development, the local jurisdiction shall act upon its review of the application.

SEC. 6.

 Section 65664.5 is added to the Government Code, to read:

65664.5.
 (a) An opportunity housing project proponent may submit a request to any local jurisdiction regarding any parcel owned by the local jurisdiction to inquire whether the parcel is suitable for an opportunity housing project. Upon receipt of a request, the local jurisdiction shall respond to the request with one of the following determinations:
(1) The parcel has a demonstrable use within the next five years and is not suitable for an opportunity housing project.
(2) The parcel will be deemed surplus land within the next five years, pursuant to Article 8 (commencing with Section 54220) of Chapter 5 of Part 1 of Division 2 of Title 5.
(3) The parcel has no demonstrable use within the next five years, but the parcel is not otherwise suitable for an opportunity housing project.
(4) The parcel has no demonstrable use within the next five years, but the local jurisdiction is not willing to negotiate a lease or license agreement with the opportunity housing project proponent for the parcel. A response pursuant to this paragraph shall include a justifiable reason for not leasing the parcel to the opportunity housing project proponent.
(5) The parcel has no demonstrable use within the next five years and the local jurisdiction is willing to negotiate a lease or license agreement with the opportunity housing project proponent for the parcel.
(b) A local jurisdiction shall respond to a request submitted pursuant to this section within 60 days.

SEC. 7.

 Section 65666 of the Government Code is amended to read:

65666.
 The Legislature finds and declares that Low Barrier Navigation Center and opportunity housing project developments are essential tools for alleviating the homelessness crisis in this state and are a matter of statewide concern and not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this article shall apply to all cities, including charter cities.

SEC. 8.

 Section 17922.16 is added to the Health and Safety Code, to read:

17922.16.
 (a) At an expedited meeting that commences on or after January 1, 2024, the Department of Housing and Community Development shall investigate possible changes to the California Building Code (Part 2 of Title 24 of the California Code of Regulations) for health, safety, and fire standards that could unnecessarily increase project construction costs for opportunity housing projects. projects, while ensuring housing quality. The department shall consider innovative building models and materials in this process.
(b) If the department determines that changes can be incorporated into the California Building Code (Part 2 of Title 24 of the California Code of Regulations) to reduce the unnecessary construction costs for opportunity housing projects, the department may propose those changes to the building standards for consideration by the California Building Standards Commission.
(c) For purposes of this section, “opportunity housing project” means the same as defined in subdivision (b) of Section 65660 of the Government Code.

SEC. 9.

 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.