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AB-1251 Planning and zoning: housing development.(2019-2020)

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Date Published: 09/04/2019 09:00 PM
AB1251:v97#DOCUMENT

Amended  IN  Senate  September 04, 2019
Amended  IN  Assembly  April 04, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 1251


Introduced by Assembly Member Santiago

February 21, 2019


An act to amend Section 1094.6 of the Code of Civil Procedure, relating to civil procedure. add Section 65583.5 to the Government Code, relating to land use.


LEGISLATIVE COUNSEL'S DIGEST


AB 1251, as amended, Santiago. Civil procedure: writs of mandate. Planning and zoning: housing development.
The Planning and Zoning Law requires that the legislative body of each county and each city adopt a comprehensive, long-term general plan for the physical development of the county and city, and specified land outside its boundaries, that includes, among other mandatory elements, a housing element. That law requires that the housing element include, among other things, an inventory of land suitable and available for residential development, as provided. If the inventory of sites does not identify adequate sites to accommodate the need for groups of all household income levels, as specified, existing law requires the local government to rezone those sites within specified time periods. Existing law requires this rezoning to accommodate 100% of the need for housing for very low and low-income households, allocated as provided, for which site capacity has not been identified in the inventory of sites on sites zoned to permit specified residential developments as a use by right, as that term is defined.
This bill would additionally require that, if a local government fails to complete the above-described rezoning within one year of the specified deadline, a housing development in which at least 40% of the units have an affordable housing cost or affordable rent for lower income households be a use by right in all zones where multifamily, commercial, and mixed uses are permitted. The bill would define the terms “affordable housing cost,” “affordable rent,” and “use by right” for these purposes.
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 Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. CEQA does not apply to the approval of ministerial projects.
By requiring local planning officials to approve housing developments as a use by right under certain circumstances, this bill would expand the above-described exemption from CEQA for the ministerial approval of projects.
By adding to the duties of local planning officials, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.

Existing law allows a petitioner to seek judicial review of certain decisions of local agencies by filing a writ of mandate. Upon a request by the petitioner, the local agency must prepare a complete record of the proceedings. Existing law also requires the local agency to provide notice to the petitioner of the provisions of law governing the time within which judicial review of the final decision must be sought.

This bill would require the local agency to also provide notice to the petitioner of the local agency’s duty to prepare a complete record of the proceedings upon request by the petitioner.

By imposing new duties on local agencies, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 Section 65583.5 is added to the Government Code, to read:

65583.5.
 (a) If a local government fails to complete the rezoning required pursuant to subparagraph (A) of paragraph (1) of subdivision (c) of Section 65583 within one year of the deadline for that rezoning, as may be extended pursuant to subdivision (f) of Section 65583, a housing development in which at least 40 percent of the units have an affordable housing cost or affordable rent for lower income households shall be a use by right in all zones where multifamily, commercial, or mixed uses are permitted.
(b) For purposes of this section:
(1) “Affordable housing cost” has the same meaning as defined in Section 50052.5 of the Health and Safety Code.
(2) “Affordable rent” has the same meaning as defined in Section 50053 of the Health and Safety Code.
(3) (A) “Use by right” means that the local government’s review of the housing development may not require a conditional use permit, planned unit development permit, or other discretionary local government review or approval that would constitute a “project” for purposes of Division 13 (commencing with Section 21000) of the Public Resources Code. Any subdivision of the sites shall be subject to all laws, including, but not limited to, the local government ordinance implementing the Subdivision Map Act (Division 2 (commencing with Section 66410)).
(B) A local ordinance may provide that “use by right” does not exempt the housing development from design review. However, that design review shall not constitute a “project” for purposes of Division 13 (commencing with Section 21000) of the Public Resources Code.
(c) The Legislature finds and declares that ensuring the adequate production of affordable housing is a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this section applies to all cities, including charter cities.

SEC. 2.

 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 1094.6 of the Code of Civil Procedure is amended to read:
1094.6.

(a)Judicial review of a decision of a local agency, other than a school district, as the term local agency is defined in Section 54951 of the Government Code, or of a commission, board, officer or agent thereof, may be had pursuant to Section 1094.5 of this code only if the petition for writ of mandate filed within the time limits specified in this section.

(b)The petition shall be filed not later than the 90th day following the date on which the decision becomes final. If there is no provision for reconsideration of the decision, or for a written decision or written findings supporting the decision, in any applicable provision of any statute, charter, or rule, for the purposes of this section, the decision is final on the date it is announced. If the decision is not announced at the close of the hearing, the date, time, and place of the announcement of the decision shall be announced at the hearing. If there is a provision for reconsideration, the decision is final for purposes of this section upon the expiration of the period during which such reconsideration can be sought; provided, that if reconsideration is sought pursuant to any such provision the decision is final for the purposes of this section on the date that reconsideration is rejected. If there is a provision for a written decision or written findings, the decision is final for purposes of this section upon the date it is mailed by first-class mail, postage prepaid, including a copy of the affidavit or certificate of mailing, to the party seeking the writ. Subdivision (a) of Section 1013 does not apply to extend the time, following deposit in the mail of the decision or findings, within which a petition shall be filed.

(c)The complete record of the proceedings shall be prepared by the local agency or its commission, board, officer, or agent that made the decision and shall be delivered to the petitioner within 190 days after the petitioner has filed a written request for the record. The local agency may recover from the petitioner its actual costs for transcribing or otherwise preparing the record. The record shall include the transcript of the proceedings, all pleadings, all notices and orders, any proposed decision by a hearing officer, the final decision, all admitted exhibits, all rejected exhibits in the possession of the local agency or its commission, board, officer, or agent, all written evidence, and any other papers in the case.

(d)If the petitioner files a request for the record as specified in subdivision (c) within 10 days after the date the decision becomes final as provided in subdivision (b), the time within which a petition pursuant to Section 1094.5 may be filed shall be extended to not later than the 30th day following the date on which the record is either personally delivered or mailed to the petitioner or the petitioner’s attorney.

(e)As used in this section, decision means a decision subject to review pursuant to Section 1094.5, suspending, demoting, or dismissing an officer or employee, revoking, denying an application for a permit, license, or other entitlement, imposing a civil or administrative penalty, fine, charge, or cost, or denying an application for a retirement benefit or allowance.

(f)(1)In making a final decision as defined in subdivision (e), the local agency shall provide notice to the party of the following:

(A)That the time within which judicial review must be sought is governed by this section.

(B)The local agency’s duty to prepare a complete record of the proceedings pursuant to subdivision (c).

(2)As used in this subdivision, “party” means an officer or employee who has been suspended, demoted or dismissed; a person whose permit, license, or other entitlement has been revoked or suspended, or whose application for a permit, license, or other entitlement has been denied; or a person whose application for a retirement benefit or allowance has been denied.

(g)This section shall prevail over a conflicting provision of law relating to the subject matter, unless the conflicting provision is a state or federal law which provides a shorter statute of limitations, in which case the shorter statute of limitations shall apply.

SEC. 2.

If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.