CHAPTER
13. Conversion of Private Golf Courses to Housing
66310.
The Legislature finds and declares:(a) The State of California is experiencing a housing crisis and continues to fail in the production of an adequate supply of housing to meet demand, resulting in a lack of all housing types that continues to negatively affect the supply and affordability of housing.
(b) Cities continue to fail in meeting their regional housing needs allocation goals established by the state.
(c) A key impediment to housing production is the availability of land suitable for housing.
(d) Idle vacant land exists within cities and throughout the state
that has been designated for nonhousing uses and that, after failure and closure of the existing businesses and uses onsite, remain undeveloped and underutilized, thereby limiting the land available for housing.
(e) Land exists that is suitable for the production of housing and that could generate a substantial amount of new housing units to assist cities and counties in meeting their regional housing needs assessment goals.
(f) Making these lands available for housing through a streamlined, by-right process is a state priority and will therefore make these lands available for housing.
(g) Making these lands available for housing will enable cities and counties to better meet their regional housing needs assessment goals by eliminating barriers to land use designations that have made these lands inaccessible for
housing.
66311.
For purposes of this chapter:(a) “Department” means the Department of Housing and Community Development.
(b) “Infill site” has the same meaning as set forth in Section 21061.3 of the Public Resources Code.
(c) “Local government” means a city, including a charter city, county, city and county, or special district and excludes any state agency, board, or commission.
(d) “Lower income households” has the same meaning as set forth in Section 50079.5 of the Health and Safety Code.
(e) “Major transit stop” has
the same meaning as set forth in Section 21064.3 of the Public Resources Code.
(f) “Persons and families of moderate income” has the same meaning as set forth in Section 50093 of the Health and Safety Code.
(g) “Project labor agreement” has the same meaning as set forth in paragraph (1) of subdivision (b) of Section 2500 of the Public Contract Code.
66312.
(a) A private entity that owns land that was previously used as a golf course shall be entitled by right to convert the golf course to market-rate and affordable housing subject to a streamlined, ministerial approval process and not subject to a conditional use permit, as provided in subdivision (c), if the proposed development satisfies all of the following objective planning standards:(1) The golf course property has been closed for a minimum of five years before the effective date of this chapter and, after closure, the property has not been redeveloped for any other purpose.
(2) The site that is on a legal parcel or parcels located either in a city, the boundaries of
which include some portion of either an urbanized area or urban cluster, as designated by the United States Census Bureau, or in an unincorporated area and wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau.
(3) At least 75 percent of the perimeter of the site adjoins parcels that are developed with urban uses. For the purposes of this section, parcels that are only separated by a street or highway shall be considered to be adjoined.
(4) The development includes a minimum of 600 housing units.
(5) The development dedicates at least 30 percent of the new housing units to affordable housing consistent with the following:
(A) The development shall dedicate at least 15 percent of the total
number of new onsite units to housing affordable to lower income households.
(B) The development shall dedicate 15 percent of the new onsite units to housing affordable to persons and families of moderate income. The moderate income units developed pursuant to this subparagraph shall not be subject to subdivision (b).
(6) At least 10 percent of the net developable land, excluding streets and public right-of-way and nonresidential uses, is dedicated publicly accessible open-space land. Space used as a golf course shall not be considered open space for purposes of this paragraph.
(7) No more than 10 percent of the square footage of the net developable land, excluding the portion reserved for open space, public streets, and public right-of-way, is dedicated to nonresidential uses. For purposes of this paragraph, parking
and commercial uses shall be considered nonresidential uses.
(8) The site is an infill site and is within one mile of an existing or future planned major transit stop.
(9) The site is located in a jurisdiction for which the department has determined that the number of units that have been issued building permits, as shown on the most recent production report received by the department, is less than the jurisdiction’s share of the regional housing needs, by income category, for the two previous reporting cycles.
(10) The development meets the requirements of Sections 66313 and 66314.
(b) (1) If rental units are developed pursuant to this section, the units shall be subject to a recorded deed restriction of 55 years that provides
that the units designated for use by lower income households are continuously available to or occupied by lower income households at rents that do not exceed those prescribed by Section 50053 of the Health and Safety Code, or, to the extent that the terms of federal, state, or local financing or financial assistance conflicts with Section 50053 of the Health and Safety Code, rents that do not exceed those prescribed by the terms of the financing or financial assistance. The deed restriction shall authorize the local government to monitor the development for compliance with its terms.
(2) (A) If ownership units are developed pursuant to this section, the units shall be subject to a recorded deed restriction of 45 years that provides that the units designated for use by lower income households are continuously available to lower income households at affordable housing costs that do not exceed those prescribed by Section
50052.5 of the Health and Safety Code, or, to the extent that the terms of federal, state, or local financing or financial assistance conflicts with Section 50052.5 of the Health and Safety Code, affordable housing costs that do not exceed those prescribed by the terms of the financing or financial assistance. The deed restriction shall authorize the local government to monitor the development for compliance with its terms.
(B) If ownership units are developed pursuant to this section, the units shall be subject to an equity sharing agreement consistent with paragraph (2) of subdivision (c) of Section 65915, and the local government shall utilize any proceeds received from an equity sharing agreement for programs to facilitate lower income home ownership.
(c) (1) If a local government determines that a development submitted pursuant to this section is in
conflict with any of the objective planning standards specified in subdivision (a), it shall provide the development proponent written documentation of which standard or standards the development conflicts with, and an explanation of the reason or reasons the development conflicts with that standard or standards, as follows:
(A) Within 60 days of submittal of the development to the local government pursuant to this section if the development contains between 600 and 700 housing units.
(B) Within 90 days of submittal of the development to the local government pursuant to this section if the development contains more than 700 housing units.
(2) If the local government fails to provide the required documentation pursuant to paragraph (1), the development shall be deemed to satisfy the objective planning standards
specified in subdivision (a) and shall be deemed approved.
(3) If the local government provides the required documentation pursuant to paragraph (1), the development proponent shall have up to 60 days to respond. If after complete submittal the development satisfies the objective planning standards specified in subdivision (a), the development shall be deemed approved.
(4) For a development that satisfies the requirements of subdivision (a), that is an unincorporated island fully surrounded by a city, and that requires local governmental approval for annexation from the local agency formation commission under Division 3 (commencing with Section 56000) of Title 5 because the development is in a county jurisdiction or has secured entitlements in a county jurisdiction, the annexation shall be ministerially approved concurrent with the approval of the project. All local agencies,
including special districts and private utilities that provide urban services, shall be required to provide such services to an approved development that meets the objective planning standards in subdivision (a), as deemed appropriate by the local agency formation commission.
(d) If an application for a development is submitted to the local government pursuant to this section, the local government shall post a notice on its internet website at least 30 days before a decision to approve the development.
(e) The department may review, adopt, amend, and repeal guidelines to implement uniform standards or criteria that supplement or clarify the terms, references, or standards set forth in this chapter. Any guidelines adopted pursuant to this chapter shall not be subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2.
66313.
A development project approved by a local government pursuant to this chapter and subject to a streamlined, ministerial approval process shall satisfy all of the following labor standards in addition to those in Section 66314:(a) The development proponent shall require that all construction contracts, including multifamily and single-family homes, commercial retail, office and apartments, high-rise office, and high-rise residential, comply with this section and Section 66314 and shall certify to the local government that the standards specified in this section will be met in project construction.
(b) A development that is not in its entirety a public work subject to the prevailing wage
requirements of Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code and that is approved by a local government pursuant to this chapter shall be subject to all of the following with respect to all portions of the project that are not a public work:
(1) All construction workers employed in building said development shall be paid at least the general prevailing rate of per diem wages for the type of work and geographic area, as determined by the Director of Industrial Relations pursuant to Sections 1773 and 1773.9 of the Labor Code, except that apprentices registered in programs approved by the Chief of the Division of Apprenticeship Standards may be paid at least the applicable apprentice prevailing rate.
(2) The development proponent shall ensure that the prevailing wage requirement is included in all contracts for the performance of the work.
(3) All contractors and subcontractors shall comply with both of the following:
(A) Pay to all construction workers employed in the execution of the work at least the general prevailing rate of per diem wages, except that apprentices registered in programs approved by the Chief of the Division of Apprenticeship Standards may be paid at least the applicable apprentice prevailing rate.
(B) Maintain and verify payroll records pursuant to Section 1776 of the Labor Code and make those records available for inspection and copying as provided in that section. This subparagraph does not apply if all contractors and subcontractors performing work on the development are subject to a project labor agreement that includes the local building and construction trades council as a party, that requires the payment of prevailing wages to
all construction workers employed in the execution of the development, and that provides for enforcement of that obligation through an arbitration procedure.
(c) (1) The obligation of the contractors and subcontractors to pay prevailing wages pursuant to subdivision (b) may be enforced by any of the following:
(A) The Labor Commissioner through the issuance of a civil wage and penalty assessment pursuant to Section 1741 of the Labor Code, which may be reviewed pursuant to Section 1742 of the Labor Code, within 18 months after the completion of the development.
(B) An underpaid worker through an administrative complaint or civil action.
(C) A joint labor-management committee through a civil action under Section 1771.2 of the Labor
Code.
(2) If a civil wage and penalty assessment is issued pursuant to this section, the contractor, subcontractor, and surety on a bond or bonds issued to secure the payment of wages covered by the assessment shall be liable for liquidated damages pursuant to Section 1742.1 of the Labor Code.
(3) This subdivision does not apply if all contractors and subcontractors performing work on the development are subject to a project labor agreement that requires the payment of prevailing wages to all construction workers employed in the execution of the development and provides for enforcement of that obligation through an arbitration procedure.
(d) Notwithstanding subdivision (c) of Section 1773.1 of the Labor Code, the requirement that employer payments not reduce the obligation to pay the hourly straight time or overtime
wages found to be prevailing does not apply to those portions of development that are not a public work if otherwise provided in a bona fide collective bargaining agreement covering the worker.
(e) The requirement of this section to pay at least the general prevailing rate of per diem wages does not preclude use of an alternative workweek schedule adopted pursuant to Section 511 or 514 of the Labor Code on those portions of the project that are not a public work.
66314.
A development project approved by a local government pursuant to this chapter and subject to a streamlined, ministerial approval process shall satisfy all of the following labor standards in addition to those in Section 66313:(a) All workers employed to perform work in an apprenticeable occupation in the building and construction trades shall meet one or more of the following requirements:
(1) The worker is registered in an apprenticeship program for the occupation that is approved by the Chief of the Division of Apprenticeship Standards.
(2) The worker graduated from an apprenticeship program for the occupation that was approved by
the chief.
(3) The worker has at least as many hours of on-the-job experience in the occupation as would be required to graduate from an apprenticeship program for the occupation that is approved by the chief.
(b) Each contractor and subcontractor employing workers to perform work in an apprenticeable occupation in the building and construction trades shall individually meet the following requirements:
(1) (A) Except as provided in paragraphs (2), (3), and (4), for work performed after January 1, 2023, at least 30 percent of the workers employed to perform work on the project who are not registered apprentices shall be graduates of an apprenticeship program for the applicable occupation that was approved by the chief or that is located outside California and approved for federal purposes
pursuant to the apprenticeship regulations adopted by the United States Secretary of Labor.
(B) Except as provided in paragraphs (2), (3), and (4), for work performed after January 1, 2024, at least 40 percent of the workers employed to perform work on the project who are not registered apprentices shall be graduates of an apprenticeship program for the applicable occupation that was approved by the chief or that is located outside California and approved for federal purposes pursuant to the apprenticeship regulations adopted by the United States Secretary of Labor.
(C) Except as provided in paragraphs (2), (3), and (4), for work performed after January 1, 2025, at least 50 percent of the workers employed to perform work on the project who are not registered apprentices shall be graduates of an apprenticeship program for the applicable occupation that was approved by the chief or
that is located outside California and approved for federal purposes pursuant to the apprenticeship regulations adopted by the United States Secretary of Labor.
(D) Except as provided in paragraphs (2), (3), and (4), for work performed after January 1, 2026, at least 60 percent of the workers employed to perform work on the project who are not registered apprentices shall be graduates of an apprenticeship program for the applicable occupation that was approved by the chief or that is located outside California and approved for federal purposes pursuant to the apprenticeship regulations adopted by the United States Secretary of Labor.
(2) Notwithstanding paragraph (1), regardless of when the work is performed, at least 30 percent of the workers employed to perform work on the project who are not registered apprentices shall be graduates of an apprenticeship program for the
applicable occupation that was approved by the chief or that is located outside California and approved for federal purposes pursuant to the apprenticeship regulations adopted by the United States Secretary of Labor. This paragraph shall apply to the professions of acoustical installer, bricklayer, carpenter, cement mason, drywall installer or lather, marble mason, finisher, or setter, modular furniture or systems installer, operating engineer, pile driver, plasterer, roofer or waterproofer, stone mason, surveyor, terrazzo worker or finisher, and tile layer, setter, or finisher.
(3) For work performed in an apprenticeable occupation in which no apprenticeship program had been approved by the chief before January 1, 1995, up to one-half of the graduation percentage requirements of paragraph (1) may be satisfied by workers who commenced working in the apprenticeable occupation before the chief’s approval of an apprenticeship program for that
occupation in the county in which the project is located.
(4) The requirements of this subdivision shall not apply to work performed in the occupation of teamster.
(c) (1) The apprenticeship graduation percentage requirements of subdivision (b) are satisfied if, in a particular calendar month, either of the following is true:
(A) At least the required percentage of the nonapprentices employed by the contractor or subcontractor to perform work on the project meet the graduation percentage requirement.
(B) For the hours of work performed by nonapprentices employed by the contractor or subcontractor on the project, the percentage of hours performed by workers who met the graduation requirement is at least equal to the required
graduation percentage.
(2) The contractor or subcontractor need not meet the apprenticeship graduation requirements of subdivision (b) if, during the calendar month, the contractor or subcontractor employs workers to perform fewer than 10 hours of work on the project.
(3) A subcontractor need not meet the apprenticeship graduation requirements of subdivision (b) if both of the following requirements are met:
(A) The subcontractor was not a listed subcontractor under Section 4104 of the Public Contract Code or a substitute for a listed subcontractor.
(B) The subcontract does not exceed one-half of 1 percent of the price of the prime contract.
(d) A contractor or subcontractor is not in
violation of the apprenticeship graduation requirements of subdivision (b) if all of the following requirements are satisfied:
(1) All contractors and subcontractors performing work on the development are subject to a project labor agreement that includes the local building and construction trades council as a party, that requires compliance with the apprenticeship graduation requirements of subdivision (b), and that provides for enforcement of that obligation through an arbitration procedure.
(2) The project labor agreement requires the contractor or subcontractor to request the dispatch of workers for the project through a hiring hall or referral procedure.
(3) The contractor or subcontractor is unable to obtain sufficient workers to meet the apprenticeship graduation percentage requirement within 48 hours of its
request, not including Saturdays, Sundays, and holidays.
(e) (1) Except as provided in paragraph (2), the proponent of the development project shall provide to the local agency, on a monthly basis while the project is being performed, a report demonstrating compliance with this section. A monthly report provided to the local government shall be a public record under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1) and shall be open to public inspection. A proponent that fails to provide a monthly report demonstrating compliance with this section shall be subject to a civil penalty of ten thousand dollars ($10,000) per month for each month for which the report has not been provided. Any contractor or subcontractor that fails to comply with this section shall be subject to a civil penalty of two hundred dollars ($200) per day for each worker employed in contravention of
this section. Penalties may be assessed by the Labor Commissioner within 18 months of completion of the project using the same procedures for issuance of civil wage and penalty assessments under Section 1741 of the Labor Code, and may be reviewed under the same procedures in Section 1742 of the Labor Code. Penalties shall be paid to the State Public Works Enforcement Fund.
(2) Paragraph (1) does not apply if all contractors and subcontractors performing work on the development are subject to a project labor agreement that includes the local building and construction trades council as a party, that requires compliance with this section, and that provides for enforcement of that obligation through an arbitration procedure.
66315.
(a) Except as provided in subdivision (b), the provisions of this chapter are severable. If any provision of this chapter or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.(b) Notwithstanding subdivision (a), if any requirements of Section 66313 or 66314 are held to be invalid or unenforceable, the remaining provisions of this chapter shall not apply to development projects that have not yet been approved pursuant to this chapter. The Legislature finds and declares that the labor standards provided in Section 66313 and 66314 are a necessary requirement for projects to receive the procedures
and benefits of this chapter.
66316.
The Legislature finds and declares that this chapter 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 chapter applies to all cities, including charter cities.66317.
This chapter shall remain in effect only until January 1, 2030, and as of that date is repealed.