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AB-1551 Planning and zoning: housing: adaptive reuse of commercial space.(2021-2022)

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Date Published: 03/11/2021 09:00 PM
AB1551:v98#DOCUMENT

Amended  IN  Assembly  March 11, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 1551


Introduced by Assembly Member Santiago

February 19, 2021


An act to amend Section 68083 of add Section 65852.50 to the Government Code, relating to courts. housing.


LEGISLATIVE COUNSEL'S DIGEST


AB 1551, as amended, Santiago. Court fees. Planning and zoning: housing: adaptive reuse of commercial space.
Existing law, the Planning and Zoning Law, requires each county and city to adopt a comprehensive, long-term general plan for the physical development of the county or city, and specified land outside boundaries, that includes, among other mandatory elements, a housing element. Existing law requires the Department of Housing and Community Development, in consultation with each council of governments, to determine each region’s existing and projected housing need, and requires each council of governments, or the department for cities and counties without a council of governments, to adopt a final regional housing need plan that allocates a share of the regional housing need to each city, county, or city and county, as provided. Existing law authorizes the legislative body of any county or city to adopt ordinances that, among other things, regulate the use of buildings, structures, and land as between industry, business, residences, and other purposes, as provided.
This bill would prohibit a city that has not met its share of the regional housing need, as provided, from restricting the adaptive reuse of commercial space, as defined, for residential use if that commercial space was constructed no more than 5 years before the date on which the applicant submits an application for a conditional use permit or other discretionary approval for the adaptive reuse of that commercial space. The bill would state the intent of the Legislature to amend its provisions to include certain labor-related requirements with respect to the adaptive reuse of commercial space.
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.
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 requires each salaried officer of a superior court to charge, collect, and promptly deposit fees allowed in each case. Existing law specifies that the officer is not required to accept coin in payment of those fees.

This bill would make technical, nonsubstantive changes to those provisions.

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

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


SECTION 1.

 Section 65852.50 is added to the Government Code, to read:

65852.50.
 (a) Notwithstanding any other law, an affected city shall not prohibit or restrict the adaptive reuse of commercial space for residential use if that commercial space was constructed no more than five years before the date for which the applicant submits an application for a conditional use permit or other discretionary approval for the adaptive reuse of that commercial space.
(b) For purposes of this section:
(1) “Affected city” means a city, including a charter city, that has not met its share of the regional housing need determined pursuant to Section 65584, based on its most recent annual progress report submitted to the Department of Housing and Community Development.
(2) “Annual progress report” means the information reported pursuant to subparagraph (B) of paragraph (2) of subdivision (a) of Section 65400.
(3) “Commercial space” means a parcel zoned and used for commercial purposes, including, but not limited to, office, hotel, or retail space.
(4) “Residential use” includes, but is not limited to, permanent supportive housing, as that term is defined in Section 50675.14 of the Health and Safety Code, or housing that contains 100 percent affordable units.
(c) The Legislature finds and declares that this section 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, this section applies to all cities, including charter cities.

SEC. 2.

 It is the intent of the Legislature to amend this act to include certain labor-related requirements with respect to the adaptive reuse of commercial space under Section 65852.50 of the Government Code, as added by this act, such as project labor agreements that utilize a skilled and trained workforce, payment of prevailing wages, and other labor protections.

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 68083 of the Government Code is amended to read:
68083.

Each salaried officer of a superior court shall charge, collect, and promptly deposit the fees allowed in each case, as provided by law. A salaried officer who collects fees shall not be required to accept coin in payment of those fees.