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Home My WebLink AboutAgenda Report - April 5, 2017 C-12TM CITY OF LODI COUNCIL COMMUNICATION AGENDA ITEM AGENDA TITLE: Receive Report Regarding Communication Pertaining to Senate Bill 35 (Wiener) — Affordable Housing: Streamlined Approval Process (as Amended March 9, 2017) MEETING DATE: April 5, 2017 PREPARED BY: City Clerk RECOMMENDED ACTION: Receive report regarding communication pertaining to Senate Bill 35 (Wiener) — Affordable Housing: Streamlined Approval Process (as amended March 9, 2017). BACKGROUND INFORMATION: The City received a request for communication from the League of California Cities regarding SB 36 (Wiener). There was a need to send a letter of opposition immediately in light of a pending hearing. SB 35 would pre-empt local discretionary land -use authority by making approvals of multifamily developments and accessory dwelling units that meet inadequate criteria "ministerial" actions. SB 35 is devised as a solution to the State's needs for market rate and affordable housing; however, it dodges the reality that State and federal affordable -housing funding have slowed to a trickle. More than $1 billion annually in affordable -housing money has evaporated with the elimination of redevelopment agencies in 2011. Funds from the 2006 State housing bond have been exhausted and federal dollars have been declining for decades. This massive withdrawal of resources has contributed to the current challenges, yet no significant source of ongoing affordable -housing funding is on the horizon. Eliminating opportunities for public review of major multifamily developments goes against the principles of local democracy and public engagement. Public hearings allow members of the community to inform their representative of their support or concerns. "Streamlining" in the context of SB 35 appears to mean a shortcut around public input. While frustrating for some to address neighborhood concerns about traffic, parking, and other development impacts, those directly affected by such projects have a right to be heard. Public engagement also often leads to better projects. Not having such outlets will increase public distrust in government and additional ballot measures dealing with growth management. The attached letter, signed by the Mayor, was sent out on March 20, 2017. The request for opposition and text of the bill are also attached. This report is provided for informational purposes only, pursuant to policy. FISCAL IMPACT: Not applicable. FUNDING AVAILABLE: Not applicable. APPROVED: N:\Administration\CLERK\Council\COUNCOM\Oppose SB 35.doc T11�1 ua,cad nifer M. erraiolo City Clerk c wa ity Manager CITY COUNCIL DOUG KUEHNE, Mayor ALAN NAKANISHI, Mayor Pro Tempore MARK CHANDLER BOB JOHNSON JOANNE MOUNCE CITY OF LODI CITY HALL, 221 WEST PINE STREET P.O. BOX 3006 LODI, CALIFORNIA 95241-1910 (209) 333-6702 / FAX (209) 333-6807 www.lodi.gov cityclerk@lodi.gov March 20, 2017 The Honorable Scott Wiener California State Senate State Capitol, Room 4066 Sacramento, CA 95814 VIA FAX: 916-651-4911 STEPHEN SCHWABAUER City Manager JENNIFER M. FERRAIOLO City Clerk JANICE D. MAGDICH City Attorney RE: Senate Bill 35 (Wiener) — Affordable Housing: Streamlined Approval Process — OPPOSE (as amended March 9, 2017) The City of Lodi is opposed to your SB 35 (Wiener), which would pre-empt local discretionary land -use authority by making approvals of multifamily developments and accessory dwelling units (ADUs) that meet inadequate criteria, "ministerial" actions. SB 35 is devised as a solution to the State's needs for market rate and affordable housing; however, it dodges the reality that State and federal affordable -housing funding have slowed to a trickle. More than $1 billion annually in affordable -housing money has evaporated with the elimination of redevelopment agencies in 2011. Funds from the 2006 State housing bond have been exhausted and federal dollars have been declining for decades. This massive withdrawal of resources has contributed to the current challenges, yet no significant source of ongoing affordable -housing funding is on the horizon. Eliminating opportunities for public review of major multifamily developments goes against the principles of local democracy and public engagement. Public hearings allow members of the community to inform their representative of their support or concerns. "Streamlining" in the context of SB 35 appears to mean a shortcut around public input. While frustrating for some to address neighborhood concerns about traffic, parking, and other development impacts, those directly affected by such projects have a right to be heard. Public engagement also often leads to better projects. Not having such outlets will increase public distrust in government and additional ballot measures dealing with growth management. For these reasons, the City of Lodi opposes your SB 35. Sincerely, /4/ Do«9 Riceitwe Doug Kuehne Mayor, City of Lodi cc: Senator Cathleen Galgiani, Fax: (916) 651-4905 Assemblymember Jim Cooper, Fax: (916) 319-2109 Stephen Qualls, squalls@cacities.org Meg Desmond, League of California Cities ACTION ALERT!! SUPPORT SB 540 (Roth) Workforce Housing Opportunity Zone OPPOSE SB 35 (Wiener) By Right Housing Approvals The League is supporting a number of important housing measures, including SB 540 (Roth) which would streamline the housing approval process by conducting all needed environmental reviews and public engagement on the front end to reduce delays and uncertainty when proposed projects are consistent with those plans. Ensuring local planning requirements and environmental mitigation measures are identified early would streamline the approval process to facilitate more housing construction. The League opposes SB 35 (Wiener) which would pre-empt local discretionary land use authority, eliminate opportunities for public review, exclude project -level environmental review, and remove local parking requirements. SUPPORT SB 540 (Roth) is supported by the League and aims to streamline housing approvals and construction. One challenge local developers face is complying with the California Environmental Quality Act (CEQA), which can be a lengthy process that creates delays and uncertainty. Under SB 540, cities and counties could identify priority housing areas within a community where enhanced planning, necessary environmental reviews and public engagement would occur at the front end. By focusing on workforce and affordable housing in areas close to jobs and transit, the additional streamlined process would encourage developers to propose projects that address affordable housing needs and climate protection goals. Funding to support the up -front planning would come from a revolving state loan fund available to local governments. Loans would be repaid when development occurs. Local elected leaders are acutely aware of the severity of California's housing affordability crisis and our role in fashioning solutions. While numerous factors are contributing to the problem, it is agreed that more needs to be done to create a path for and incentivize new housing construction. The League strongly supports SB 540 and believes that it strikes the right balance between streamlining the housing approval process and protecting environmental review and public participation in local land use decisions. OPPOSE SB 35 (Wiener) pre-empts local discretionary land use approvals of multifamily housing developments and accessory dwelling units by having all such approvals be considered "ministerial." Under SB 35, a ministerial permit approval eliminates opportunities for public review, excludes project -level environmental review, and removes local parking requirements. Eliminating opportunities for public review of these major development projects goes against the principles of local democracy and public engagement. While it may be frustrating for some developers to hear concerns about traffic, parking and other development impacts, those affected by such projects have a right to be heard. Not having such outlets will increase public distrust in government. ACTION #1: SB 540 (Roth) will likely receive its first hearing in the Senate Transportation & Housing Committee on March 21, 2017. SB 540 will also go to Governance & Finance and Environmental Quality Committees in the coming weeks. If you have a Senator on any of these committees, please send in your CITY LETTERS of SUPPORT and urge their AYE vote on SB 540. Please send your letter via fax (sample letter attached) or may be sent through the League's Action Center. F SENATE TRANSPORTATION AND HOUSING Member District Party Room Phone Pm Fax 111 Allen, Ben 26 D 5072 916 651 4026 916 651 4926 Atkins, Toni 39 D 4072 916 651 4039 916 651 4939 Bates, Patricia 36 R 4048 916 651 4036 916 651 4936 Beall, Jim (Chair) 15 D 2082 916 651 4015 916 651 4915 Cannella, Anthony (Vice -Chair) 12 R 5082 916 651 4012 916 651 4912 Gaines, Ted 1 R 3076 916 651 4001 916 651 4901 McGuire, Mike 2 D 5061 916 651 4002 916 651 4902 Mendoza, Tony 32 D 5100 916 651 4032 916 651 4932 Morrell, Mike 23 R 3056 916 651 4023 916 651 4923 Roth, Richard 31 D 4034 916 651 4031 916 651 4931 Skinner, Nancy 9 D 2059 916 651 4009 916 651 4909 Wieckowski, Bob 10 D 4085 916 651 4010 916 651 4910 (Wiener, Scott I 11 I D I 4070 I 916 651 4011 916 651 4911 SENATE GOVERNANCE AND FINANCE ir -• Member I District I Party I Room I Phone ` Fax Beall, Jim 15 D 2082 916 651 4015 916 651 4915 Hernandez, Ed 22 D 2080 916 651 4022 916 651 4922 Hertzberg, Bob 18 D 4038 916 651 4018 916 651 4918 Lara, Ricardo 33 D 5050 916 651 4033 916 651 4933 McGuire, Mike (Chair) 2 D 5061 916 651 4002 916 651 4902 Moorlach, John 37 R 2048 916 651 4037 916 651 4937 I Nguyen, Janet (Vice -Chair) 34 I R 1 3048 916 651 4034 916 651 4934 SENATE ENVIRONMENTAL QUALITY 1 1 Member District Party Room Phone A L Fax A. Bates, Patricia 36 R 4048 916 651 4036 916 651 4936 Hill, Jerry 13 D 5035 916 651 4013 916 651 4913 Lara, Ricardo 33 D 5050 916 651 4033 916 651 4933 Skinner, Nancy 9 D 2059 916 651 4009 916 651 4909 Stern, Henry 27 D 3070 916 651 4027 916 651 4927 Stone, Jeff (Vice -Chair) 28 R 4062 916 651 4028 916 651 4928 IWieckowski, Bob (Chair) 1 10 1 D I 4085 1 916 651 4010 1 916 651 4910 ACTION #2: SB 35 (Wiener) has not been set for its second hearing as of 3/13/17. However, it is likely that it will be heard by March 22, 2017 in the Governance and Finance Committee. If you have a Senator on this committee, please send a letter indicating your city's opposition as soon as possible. Send your letters via fax (sample letter attached) or may be sent through the League's Action Center. Legislator addresses and fax numbers can be searched online by address. SUPPORT SB 540 Talking Points: • We support SB 540 by Senator Richard Roth to streamline the approval process to help kick-start workforce and affordable housing construction. • Under SB 540, cities and counties could identify priority housing areas within a community where enhanced planning, necessary environmental reviews and public engagement would occur at the front-end. • Housing developments within these planned areas can proceed in an expedited manner. Because the local government has fully conducted the necessary environmental reviews, no additional project -specific environmental reviews shall be needed. • Importantly, SB 540 helps streamline housing project approvals without compromising local control or the rights of citizens to participate in local land -use decisions. • The League is also supporting a long list of legislation that would increase funding for affordable housing, incentivize local governments to approve housing, and help fund the supporting infrastructure. • Many have been critical of local governments for the lack of construction in our communities. Some of these criticisms are fair, but many ignore the realities of the private housing market, the limited funding for affordable housing and the conditions that encourage or discourage new housing development. • There is much that we can do together this year to create a blueprint to new housing construction. Our city and the League of California Cities and its other member cities stand ready to be part of responsible solutions. OPPOSE SB 35 Talking Points: • We must oppose SB 35, which would pre-empt local discretionary land use approvals of multifamily housing developments and accessory dwelling units. • By having all such approvals "ministerial" actions, SB 35 would allow these housing projects to proceed despite inadequate criteria, no opportunity for public engagement, no project -level environmental review, and no ability for cities to impose local parking requirements. • Eliminating opportunities for public review of these major development projects goes against the principles of local democracy and public engagement. • It may be frustrating for some developers to hear concerns about traffic, parking and other development impacts, those affected by such projects have a right to be heard. Not having such outlets will increase public distrust in government. • SB 35 is based on RHNA goals yet RHNA is simply a housing planning goal — not a production mandate. • This proposal undermines basic democracy and the ability of local citizens to have a voice in the shape of development in our communities. • Mention recent projects your community has approved and how community input and design review may have made them better. • Explain how your community will react to being cut out of the public process on these developments. • Mention the status of your community's General Plan. Has it been recently updated, or does it contain sufficient detail to ensure that projects proposed in a by right format will meet community standards? AMENDED IN SENATE MARCH 9, 2017 AMENDED IN SENATE FEBRUARY 21, 2017 SENATE BILL No. 35 Introduced by Senator Wiener (Principal coauthors: Senators Allen and Atkins) December 5, 2016 An act to amend Scction Sections 65400 and 65582.1 of, and to add Scctions 65589.9 and Section 65913.4 to, the Government Code, relating to housing. LEGISLATIVE COUNSEL'S DIGEST SB 35, as amended, Wiener. Planning and Zoning: zoning: affordable housing: streamlined approval process. (1) The Planning and Zoning Law requires a city or county to adopt a general plan for land use development within its boundaries that includes, among other things, a housing element. The Planning and Zoning Law requires a planning agency, after a legislative body has adopted all or part of a general plan, to provide an annual report to the legislative body, the Office of Planning and Research, and the Department of Housing and Community Development on the status of the general plan and progress in meeting the community's share of regional housing needs. This bill would require the planning agency to include in its annual report specified information regarding units of housing that have completed construction. The bill would also require the Department of Housing and Community Development to post an annual report submitted pursuant to the requirement described above on its Internet Web site, as provided. Existing 97 SB 35 —2— (2) Existing law requires an attached housing development to be a permitted use, not subject to a conditional use permit, on any parcel zoned for multifamily housing if at least certain percentages of the units are available at affordable housing costs to very low income, lower income, and moderate -income households for at least 30 years and if the project meets specified conditions relating to location and being subject to a discretionary decision other than a conditional use permit. Existing law provides for various incentives intended to facilitate and expedite the construction of affordable housing. This bill would require an accessory dwelling unit development or a multifamily housing development that satisfies specified planning objective standards to be subject to a streamlined, ministerial approval process, as provided, and to not be subject to a conditional use permit. The bill would provide that if a local government approves a project pursuant to that process, that approval will not expire if that project includes investment in housing affordability, and would otherwise provide that the approval of a project expire automatically after 3 years, unless that project quakes for a one-time, one-year extension of that approval. The Planning and Zoning Law rcquircs a city or county to adopt a • • • • . includcs, among othcr things, a housing cicmcnt. Existing law providcs for various inccntivcs intcndcd to facilitatc and cxpcditc thc construction of affordable housing. Existing law rcquircs thc Dcpartmcnt of I Iousing and Community Dcvclopmcnt to dctcrminc cxisting and projcctcd nccds for housing for cach rcgion and, in consultation with cach council of governments, adopt a final rcgional housing plan that allocatcs a share of thc rcgional housing nccd to cach city, county, or city and county that mccts spccificd rcquircmcnts. This bill would rcquirc a city, including a chartcr city, and a county or city and county, including a chartcr city and county, to submit a rcport to thc Dcpartmcnt of I Iousing and Community Dcvclopmcnt that includcs spccificd information regarding units of housing that have complctcd construction and would rcquirc the dcpartmcnt to post the information containcd in thc rcport on its Intcrnct Wcb sitc, as providcd. (3) The bill would make findings that ensuring access to affordable housing is a matter of statewide concern and declare that its provisions would apply to all cities and counties, including a charter city, a charter county, or a charter city and county. BY 97 -3— SB 35 (4) By imposing new duties upon local agencies with respect to the streamlined approval process and reporting requirement described above, this bill would impose a state -mandated local program. The (5) 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. State -mandated local program: yes. The people of the State of California do enact as follows: 1 SECTION 1. Section 65400 of the Government Code is 2 amended to read: 3 65400. (a) After the legislative body has adopted all or part 4 of a general plan, the planning agency shall do both of the 5 following: 6 (1) Investigate and make recommendations to the legislative 7 body regarding reasonable and practical means for implementing 8 the general plan or element of the general plan, so that it will serve 9 as an effective guide for orderly growth and development, 10 preservation and conservation of open -space land and natural 11 resources, and the efficient expenditure of public funds relating to 12 the subjects addressed in the general plan. 13 (2) Provide by April 1 of each year an annual report to the 14 legislative body, the Office of Planning and Research, and the 15 Department of Housing and Community Development that includes 16 all of the following: 17 (A) The status of the plan and progress in its implementation. 18 (B) The progress in meeting its share of regional housing needs 19 determined pursuant to Section 65584 and local efforts to remove 20 governmental constraints to the maintenance, improvement, and 21 development of housing pursuant to paragraph (3) of subdivision 22 (c) of Section 65583. 23 The housing element portion of the annual report, as required 24 by this paragraph, shall be prepared through the use of forms and 25 definitions adopted by the Department of Housing and Community 26 Development pursuant to the rulemaking provisions of the 97 SB 35 —4- 1 Administrative Procedure Act (Chapter 3.5 (commencing with 2 Section 11340) of Part 1 of Division 3 of Title 2). Prior to Before 3 and after adoption of the forms, the housing element portion of 4 the annual report shall include a section that describes the actions 5 taken by the local government towards completion of the programs 6 and status of the local government's compliance with the deadlines 7 in its housing element. That report shall be considered at an annual 8 public meeting before the legislative body where members of the 9 public shall be allowed to provide oral testimony and written 10 comments. 11 The report may include the number of units that have been 12 substantially rehabilitated, converted from nonaffordable to 13 affordable by acquisition, and preserved consistent with the 14 standards set forth in paragraph (2) of subdivision (c) of Section 15 65583.1. The report shall document how the units meet the 16 standards set forth in that subdivision. 17 (C) The degree to which its approved general plan complies 18 with the guidelines developed and adopted pursuant to Section 19 65040.2 and the date of the last revision to the general plan. 20 (D) The number of units of housing that have completed 21 construction thus far in the housing element cycle, and the income 22 category, by area median income category, that each unit of 23 housing satisfies. 24 (E) The Department of Housing and Community Development 25 shall post a report submitted pursuant to this paragraph on its 26 Internet Web site within a reasonable time of receiving the report. 27 (b) If a court finds, upon a motion to that effect, that a city, 28 county, or city and county failed to submit, within 60 days of the 29 deadline established in this section, the housing element portion 30 of the report required pursuant to subparagraph (B) of paragraph 31 (2) of subdivision (a) that substantially complies with the 32 requirements of this section, the court shall issue an order or 33 judgment compelling compliance with this section within 60 days. 34 If the city, county, or city and county fails to comply with the 35 court's order within 60 days, the plaintiff or petitioner may move 36 for sanctions, and the court may, upon that motion, grant 37 appropriate sanctions. The court shall retain jurisdiction to ensure 38 that its order or judgment is carried out. If the court determines 39 that its order or judgment is not carried out within 60 days, the 40 court may issue further orders as provided by law to ensure that 97 — 5 — SB 35 1 the purposes and policies of this section are fulfilled. This 2 subdivision applies to proceedings initiated on or after the first 3 day of October following the adoption of forms and definitions by 4 the Department of Housing and Community Development pursuant 5 to paragraph (2) of subdivision (a), but no sooner than six months 6 following that adoption. 7 SECTION 1. 8 SEC. 2. Section 65582.1 of the Government Code is amended 9 to read: 10 65582.1. The Legislature finds and declares that it has provided 11 reforms and incentives to facilitate and expedite the construction 12 of affordable housing. Those reforms and incentives can be found 13 in the following provisions: 14 (a) Housing element law (Article 10.6 (commencing with 15 Section 65580) of Chapter 3). 16 (b) Extension of statute of limitations in actions challenging the 17 housing element and brought in support of affordable housing 18 (subdivision (d) of Section 65009). 19 (c) Restrictions on disapproval of housing developments 20 (Section 65589.5). 21 (d) Priority for affordable housing in the allocation of water and 22 sewer hookups (Section 65589.7). 23 (e) Least cost zoning law (Section 65913.1). 24 (f) Density bonus law (Section 65915). 25 (g) Accessory dwelling units (Sections 65852.150 and 65852.2). 26 (h) By -right housing, in which certain multifamily housing are 27 designated a permitted use (Section 65589.4). 28 (i) No -net -loss -in zoning density law limiting downzonings and 29 density reductions (Section 65863). 30 (j) Requiring persons who sue to halt affordable housing to pay 31 attorney fees (Section 65914) or post a bond (Section 529.2 of the 32 Code of Civil Procedure). 33 (k) Reduced time for action on affordable housing applications 34 under the approval of development permits process (Article 5 35 (commencing with Section 65950) of Chapter 4.5). 36 (1) Limiting moratoriums on multifamily housing (Section 37 65858). 38 (m) Prohibiting discrimination against affordable housing 39 (Section 65008). 97 SB 35 —6- 1 (n) California Fair Employment and Housing Act (Part 2.8 2 (commencing with Section 12900) of Division 3). 3 (o) Community redevelopment law (Part 1 (commencing with 4 Section 33000) of Division 24 of the Health and Safety Code, and 5 in particular Sections 33334.2 and 33413). 6 (p) Streamlining housing approvals during a housing shortage 7 (Section 65913.4). 8 SEC. 2. Scction 65589.9 is addcd to thc Government Codc, to 9 rcad: 10 65589.9. (a) On or bcforc April 1, 2018, and on or bcforc April 11 1 cach ycar thcrcaftcr, a city, including a chartcr city, and a county 12 or city and county, including a chartcr city and county, shall submit 13 a rcport to thc Dcpartmcnt of Ilousing and Community 14 Dcvclopmcnt that includcs both of the following: 15 (1) The number of units of housing that havc complctcd 16 construction in thc housing cicmcnt cycic. 17 (2) Thc incomc catcgory, including vcry low incomc, low 18 incomc, modcratc incomc, and abovc modcratc incomc, cach unit 19 of housing satisfics. 20 (b) Thc Dcpartmcnt of IIousing and Community Development 21 shall post on its Internet Wcb site, within a rcasonablc time aftcr 22 rccciving thc information, thc information reported pursuant to 23 subdivision (a). 24 SEC. 3. Section 65913.4 is added to the Government Code, to 25 read: 26 65913.4. (a) A development shall be subject to the streamlined, 27 ministerial approval process provided by subdivision (b) and shall 28 not be subject to a conditional use permit if it satisfies all of the 29 following objective planning standards: 30 (1) The development is an accessory dwelling unit development 31 or a multifamily housing development that contains two or more 32 residential units. 33 (2) The development is located on a site that satisfies both of 34 the following: 35 (A) Is an urban infill site as defined by Section 21061.3 of the 36 Public Resources Code. 37 (B) Is a site zoned for residential use or residential mixed use 38 dcvclopmcnt. development with at least two-thirds of the square 39 footage designated for residential use. 97 -7— SB 35 1 (3) If the development contains units that are subsidized, the 2 development applicant or development proponent already has 3 recorded, or is required by law to record, a land use restriction that 4 is: 5 (A) Fifty-five years for subsidized units that are rented. 6 (B) Forty-five years for subsidized units that are owned. 7 (4) The development satisfies both of the following: 8 (A) Is located in a locality that, according to its last annual 9 production report to the Department of Housing and Community 10 Development, completed construction of fewer units of housing 11 by income category than was required for the regional housing 12 needs assessment cycle for that year. reporting period. 13 (B) The development is subject to a requirement mandating a 14 minimum percentage of below market rate housing based on either 15 of the following: 16 (i) The locality constructed locality's production report reflects 17 that there were fewer units of above moderate income 18 moderate -income housing constructed than was required for the 19 regional housing needs assessment cycle for that year, and 20 dcdicatcd the project seeking approval dedicates a minimum 21 of 10 percent of the total number of units to below markct rate 22 housing housing affordable to households making below 80 23 percent of the area median income, unless the locality has adopted 24 a local inclusionary zoning ordinance that requires that greater 25 than 10 percent of the units be dedicated to below market 26 ratc housing, housing affordable to households making below 80 27 percent of the area median income, in which case that inclusionary 28 zoning ordinance applies. 29 (ii) The locality constructed locality's latest production report 30 reflects that there were fewer units of very low, low-, or 31 moderate -income housing affordable to households making below 32 80 percent of the area median income constructed than was 33 required for the regional housing needs assessment cycle for that 34 year, and dcdicatcd perccnt the project seeking approval 35 dedicates the majority of the total number of units to below market 36 ratc housing, housing affordable to households making below 80 37 percent of the area median income, unless the locality has adopted 38 a local inclusionary zoning ordinance that requires that greater 39 than percent the majority of the units be dedicated to below 40 markct rate housing, housing affordable to households making 97 SB 35 —8- 1 below 80 percent of the area median income, in which case that 2 inclusionary zoning ordinance applies. 3 (5) The development is consistent with objective zoning 4 standards and objective design review standards in effect at the 5 time that the development is submitted to the local government 6 pursuant to this section. For purposes of this paragraph, "objective 7 zoning standards" and "objective design review standards" mean 8 standards that involve no personal or subjective judgment by a 9 public official. 10 (6) The development is not located on a site that is any of the 11 following: 12 (A) A coastal zone, as defined in Division 20 (commencing 13 with Section 30000) of the Public Resources Code. 14 (B) Either prime farmland or farmland of statewide importance, 15 as defined pursuant to United States Department of Agriculture 16 land inventory and monitoring criteria, as modified for California, 17 and designated on the maps prepared by the Farmland Mapping 18 and Monitoring Program of the Department of Conservation. 19 (C) Wetlands, as defined in Section 328.3 of Title 33 of the 20 Code of Federal Regulations. 21 (D) Within a very high fire hazard severity zone, as determined 22 by the Department of Forestry and Fire Protection pursuant to 23 Section 51178, or within a high or very high fire hazard severity 24 zone as indicated on maps adopted by the Department of Forestry 25 and Fire Protection pursuant to Section 4202 of the Public 26 Resources Code. This subparagraph does not apply to sites 27 excluded from the specified hazard zones by a local agency, 28 pursuant to subdivision (b) of Section 51179, or sites that have 29 adopted sufficient fire hazard mitigation measures as may be 30 determined by their local agency with land use authority. 31 (E) A hazardous waste site that is listed pursuant to Section 32 65962.5 or a hazardous waste site designated by the Department 33 of Toxic Substances Control pursuant to Section 25356 of the 34 Health and Safety Code, unless the Department of Toxic 35 Substances Control has cleared the site for residential use or 36 residential mixed uses. 37 (F) Within a delineated earthquake fault zone as determined by 38 the State Geologist in any official maps published by the State 39 Geologist. 97 -9— SB 35 1 (G) Within a flood plain as determined by maps promulgated 2 by the Federal Emergency Management Agency, unless the 3 development has been issued a flood plain development permit 4 pursuant to Part 59 (commencing with Section 59.1) and Part 60 5 (commencing with Section 60.1) of Subchapter B of Chapter I of 6 Title 44 of the Code of Federal Regulations. 7 (H) Within a floodway as determined by maps promulgated by 8 the Federal Emergency Management Agency, unless the 9 development has received a no rise certification in accordance 10 with paragraph (3) of subdivision (d) of Section 60.3 of Title 44 11 of the Code of Federal Regulations. 12 (7) The development does not require the demolition of either 13 of the following: 14 (A) Housing that is subject to rent control, housing that is subject 15 to deed restrictions, or any housing that has been occupied by 16 residents within the past 10 years. 17 (B) A historic structure that was placed on a national, state, or 18 local historic register prior to before December 31, 2016. 19 (8) It is thc intcnt of thc Legislature to amcnd this scction to 20 subjcct thc development to enforceable wagc requirements. 21 (8) The development proponent has certified that either of the 22 following is true: 23 (A) The project is a public work for purposes of Chapter 1 24 (commencing with Section 1720) of Part 7 of Division 2 of the 25 Labor Code. 26 (B) If the project is not a public work, that all construction 27 workers employed in the execution of the project will be paid at 28 least the general prevailing rate of per diem wages for the type of 29 work and geographic area, as determined by the Director of 30 Industrial Relations pursuant to Sections 1773 and 1773.9 of the 31 Labor Code. If the development is subject to this subparagraph, 32 then all of the following shall apply: 33 (i) The development proponent shall ensure that the prevailing 34 wage requirement is included in all contracts for the performance 35 of the work. 36 (ii) Contractors and subcontractors shall pay to all construction 37 workers employed in the execution of the work at least the general 38 prevailing rate of per diem wages. 39 (iii) Except as provided in clause (iv), the obligation of the 40 contractors and subcontractors to pay prevailing wages may be 97 SB 35 —10 — 1 enforced by the Labor Commissioner through the issuance of a 2 civil wage and penalty assessment pursuant to Section 1741 of the 3 Labor Code, which may be reviewed pursuant to Section 1742 of 4 the Labor Code, within 18 months after the completion of the 5 project, or by an underpaid worker through an administrative 6 complaint or civil action. If a civil wage and penalty assessment 7 is issued, the contractor subcontractor, and surety on a bond or 8 bonds issued to secure the payment of wages covered by the 9 assessment shall be liable for liquidated damages pursuant to 10 Section 1742.1 of the Labor Code. 11 (iv) Clause (iii) shall not apply if all contractors and 12 subcontractors performing work on the project are subject to a 13 project labor agreement that requires the payment of prevailing 14 wages to all construction workers employed in the execution of 15 the project and provides for enforcement of that obligation through 16 an arbitration procedure. For purposes of this clause, `project 17 labor agreement" has the same meaning as set forth in paragraph 18 (1) of subdivision (b) of Section 2500 of the Public Contract Code. 19 (v) Notwithstanding subdivision (c) of Section 1773.1 of the 20 Labor Code, the requirement that employer payments not reduce 21 the obligation to pay the hourly straight time or overtime wages 22 found to be prevailing shall not apply if otherwise provided in a 23 bona fide collective bargaining agreement covering the worker 24 The requirements of paragraph (2) of subdivision (c) of Section 25 1773.1 of the Labor Code do not preclude use of an alternative 26 workweek schedule adopted pursuant to Section 511 or 514 of the 27 Labor Code. 28 (b) (1) If the city, including a chartcr city, or the county or city 29 and county, including a chartcr city and county, a local government 30 determines that a development submitted pursuant to this section 31 is in conflict with any of the objective planning standards specified 32 in subdivision (a), it shall provide the development proponent 33 written documentation of which standard or standards the 34 development conflicts with, and an explanation for the reason or 35 reasons the development conflicts with that standard or standards, 36 as follows: 37 (A) Within 60 days of submittal of the development to the local 38 government pursuant to this section if the development contains 39 150 or fewer housing units. 97 -11— SB35 1 (B) Within 90 days of submittal of the development to the local 2 government pursuant to this section if the development contains 3 more than 150 housing units. 4 (2) If the city, including a chartcr city, or the county or city and 5 county, including a chartcr city and county, local government fails 6 to provide the required documentation pursuant to paragraph (1), 7 the development shall be deemed to satisfy the objective planning 8 standards specified in subdivision (a). 9 (c) Any design review of the development may be conducted 10 by the local government's supervising body for design review, 11 including a planning department or city council, and shall be 12 completed as follows and shall not in any way inhibit, chill, or 13 preclude the ministerial approval provided by this section or its 14 effect, as applicable: 15 (1) Within 90 days of submittal of the development to the local 16 government pursuant to this section if the development contains 17 150 or fewer housing units. 18 (2) Within 180 days of submittal of the development to the local 19 government pursuant to this section if the development contains 20 more than 150 housing units. 21 (d) A development approved pursuant to this section that is 22 located within one-quarter mile of a major transit stop shall not 23 be subject to any local or state parking minimum requirements. 24 For purposes of this subdivision, "major transit stop" has the 25 same meaning as defined in Section 21064.3 of the Public 26 Resources Code. 27 (e) (1) If a local government approves a development pursuant 28 to this section, that approval shall not expire if the project includes 29 public investment in housing affordability, beyond tax credits, 30 where the majority of the units are affordable to households making 31 below 80 percent of the area median income. 32 (2) If a local government approves a development pursuant to 33 this section and the project does not include a majority of the units 34 affordable to households making below 80 percent of the area 35 median income, that approval shall automatically expire after 36 three years except that a project may receive a one-time, one-year 37 extension if the project proponent can provide documentation that 38 there has been significant progress toward getting the development 39 construction ready. 97 SB 35 —12 — 1 (f For purposes of this section, "locality" or "local 2 government" means a city, including a charter city, a county, or 3 a city and county, including a charter city and county. 4 (g) For purposes of this section, `production report" means 5 the information reported pursuant to subparagraph (D) of 6 paragraph (2) of subdivision (a) of Section 65400. 7 SEC. 4. The Legislature finds and declares that ensuring access 8 to affordable housing is a matter of statewide concern, and not a 9 municipal affair Therefore, the changes made by this act are 10 applicable to a charter city, a charter county, and a charter city 11 and county. 12 SEC. 5. Each provision of this measure is a material and 13 integral part of this measure, and the provisions of this measure 14 are not severable. If any provision of this measure or its application 15 is held invalid, this entire measure shall be null and void. 16 SEC. 4. 17 SEC. 6. No reimbursement is required by this act pursuant to 18 Section 6 of Article XIII B of the California Constitution because 19 a local agency or school district has the authority to levy service 20 charges, fees, or assessments sufficient to pay for the program or 21 level of service mandated by this act, within the meaning of Section 22 17556 of the Government Code. 0 97