Position Letter Archive

2023 Position Letters

ASSEMBLY

  • ACA 1 (Aguiar-Curry) Local Government Financing for Affordable Housing and Infrastructure – SUPPORT
  • AB 356 (Mathis) The Dilapidated Building Refurbishment Act- SUPPORT
  • AB 770 (Kalra) Residential care facilities for the elderly – SUPPORT
  • AB 894 (Friedman) Parking requirements: shared parking – SUPPORT
  • AB 1176 (Zbur) Local government. Local Electrification Planning Act – OPPOSE UNLESS AMENDED
  • AB 1176 (Zbur) Local Electrification and Decarbonization Plans– NEUTRAL AS AMENDED
  • AB 1307 (Wicks) as amended, Wicks. California Environmental Quality Act: noise impact: residential projects – SUPPORT
  • AB 1449 (Alvarez) as amended, Wicks. California Environmental Quality Act: noise impact: residential projects – SUPPORT
  • AB 1647 (Wicks) The Affordable Housing Bond Act of 2024 – SUPPORT

SENATE

  • SB 18 (McGuire) as amended. Tribal Housing Reconstitution and Resiliency Act – SUPPORT
  • SB 83 (Wiener) Public utilities: postentitlement phase permit applications: new construction – SUPPORT
  • SB 91 (Umberg) California Environmental Quality Act (CEQA): exemption: supportive and transitional housing: motel conversion – SUPPORT
  • SB 225 (Caballero) Community Anti-Displacement and Preservation Program: statewide contract – SUPPORT
  • SB 405 (Cortese): Planning and zoning: housing element: inventory of sites – OPPOSE
  • SB 406 (Cortese) California Environmental Quality Act (CEQA): exemption: financial assistance: housing – SUPPORT
  • SB 450 (Atkins) Housing development: approvals – SUPPORT
  • SB 511 (Blakespear) SB 511, as amended. Greenhouse gas emissions inventories – SUPPORT
  • SB 576 (Nguyen) Local planning. General plans: land use element: military sites – OPPOSE
2022 Position Letters

ASSEMBLY

AB 682 (SUPPORT) (BLOOM) INCENTIVIZING SHARED HOUSING UNDER THE DENSITY BONUS LAW

Assembly Bill 682 would expand the state’s Density Bonus Law to allow shared housing buildings, which may also include other types of developments and/or commercial uses, to qualify for benefits under the law, if certain affordability requirements are met.

AB 1945 (SUPPORT) (AGUIAR-CURRY) AFFORDABLE DISASTER HOUSING REVOLVING DEVELOPMENT ACQUISITION PROGRAM

Assembly Bill 1945, which would, upon appropriation by the Legislature, establish the Affordable Disaster Housing Revolving Development and Acquisition Program. This program would expedite relief funding for the development or preservation of affordable housing in the state’s declared disaster areas that have experienced damage or loss of homes that were occupied by lower-income households.

AB 2011 (SUPPORT) (WICKS) THE AFFORDABLE HOUSING AND HIGH ROAD JOBS ACT

Assembly Bill 2011 would establish the Affordable Housing and High Road Jobs Act of 2022 (Act) to create a ministerial, streamlined approval process for 100% affordable housing in commercially-zoned areas and for mixed-income housing along commercial corridors, all while providing well-paid construction jobs and training opportunities to support a strong workforce.

AB 2097 (SUPPORT) (FRIEDMAN) STATEWIDE PROHIBITIONS ON MINIMUM PARKING REQUIREMENTS FOR RESIDENTIAL AND COMMERCIAL DEVELOPMENTS NEAR PUBLIC TRANSIT

Assembly bill 2097 would eliminate minimum automobile parking requirements for both residential and commercial developments that are located within a ½ mile of public transit, as defined.

AB 2234 (SUPPORT) (RIVAS AND GRAYSON) PERMIT STREAMLINING FOR POSTENTITLEMENT PERMITS FOR HOUSING DEVELOPMENTS

Assembly bill 2234 would require several changes to streamline the process of postentitlement permits for housing developments. Specifically, the bill would require a local agency to compile a list of information needed to approve or deny a postentitlement phase permit online by January 1, 2024, process those permits in specified time periods and requires the use of digital permitting systems for many jurisdictions throughout the state.

AB 2334 (SUPPORT) (WICKS) DENSITY BONUS ENHANCEMENTS IN LOW VEHICLE TRAVEL AREAS

Assembly bill 2334 allows a 100% affordable housing development project to receive added height and unlimited density if the project is located in an urbanized low vehicle travel area, at least 80 percent of the units are restricted to lower income households, and no more than 20 percent are for moderate income households. Additionally, AB 2334 makes various technical changes to the Density Bonus statute.

ACA 14 (SUPPORT) (WICKS) HOUSING OPPORTUNITIES FOR EVERYONE (HOPE) ACT — ONGOING FUNDING FOR AFFORDABLE HOUSING

Assembly Constitutional Amendment (ACA) 14 would create the Housing Opportunities for Everyone (HOpE) Act. The Act establishes a ten-year funding commitment in the Constitution that dedicates five percent from California’s general fund to the state’s affordable housing and homelessness crisis. Investments under the Act will be based on a funding strategy with specific accountability metrics to measure outcomes and progress.

SENATE

SB 6 (SUPPORT) (CABALLERO) RESIDENTIAL HOUSING DEVELOPMENT IN COMMERCIAL ZONES

Senate Bill 6 creates the Neighborhood Homes Act. SB 6 establishes a housing development project as an allowable use on a “neighborhood lot,” defined as a parcel within a commercial zone where office, retail and parking uses are permitted, so long as the site meets specified requirements. The bill also requires 15% of the units to be affordable, sets forth several additional requirements that the development must meet, includes labor standards and sunsets on January 1, 2029.

SB 12 (SUPPORT) (MCGUIRE) WILDFIRE PLANNING AND MITIGATION IN VERY HIGH FIRE HAZARD SEVERITY ZONES (VHFHSZ)

Senate Bill 12 makes several important changes regarding planning for and
permitting development in the very high fire hazard severity zones (VHFHSZs).

SB 852 (SUPPORT) (DODD) CLIMATE RESILIENCE DISTRICTS

Senate Bill 852 would permit the establishment of local climate resilience districts to raise funds to plan and implement projects and programs developed ito address Climate Change through adaptation and mitigation.

SB 922 (SUPPORT) (WIENER) CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) EXEMPTION FOR SUSTAINABLE TRANSPORTATION PROJECTS

Senate Bill 922 would remove the sunset date provide in SB 288 for sustainable transportation projects applicable to the provisions of the statute. In addition, the bill will provide important clarity for implementation purposes and stronger protections for risks against displacement, among many other changes.

SB 932 (NEUTRAL – AS PROPOSED TO BE AMENDED) (PORTANTINO) GENERAL PLANS, CIRCULATION ELEMENT

The California State Association of Counties (CSAC), the League of California Cities (Cal Cities), the Urban Counties of California (UCC), the California Chapter of the American Planning Association (APA California), and the Rural County Representatives of California (RCRC) have removed our opposition to your Senate Bill 932 based on the proposed amendments August 25, 2022.

SB 932 (OPPOSE UNLESS AMENDED) (PORTANTINO) GENERAL PLANS, CIRCULATION ELEMENT

Senate Bill 932 would make significant, unprecedented, and overly prescriptive changes to the requirements of the circulation element of local general plans; impose costly, unfunded mandates for physical changes to local transportation infrastructure; and expose local governments to significant legal liability.

SCA 2 (SUPPORT) (ALLEN & WIENER) REPEAL OF ARTICLE 34 VOTER APPROVAL OF HOUSING PROJECTS

Senate Constitutional Amendment 2 proposes to place an initiative on the ballot in 2022 to repeal Article 34 of the California Constitution. Passed by voters in 1950, Article 34 requires a majority approval of the voters of a city or county for the development, construction, or acquisition of a publicly funded “low-rent housing project.”

SIGNATURE REQUESTED

ASSEMBLY

AB 682 (BLOOM) SIGNATURE REQUEST

The American Planning Association, California Chapter (APA California) respectfully requests that you sign AB 682, which would expand the state’s Density Bonus Law to allow shared housing developments, which may also include other types of developments and/or commercial uses, to qualify for benefits under the law, if certain affordability requirements are met.

AB 2011 (WICKS) SIGNATURE REQUEST

The American Planning Association, California Chapter (APA California) respectfully requests that you sign AB 2011, which would establish the Affordable Housing and High Road Jobs Act of 2022 (Act). The Act will create a ministerial, streamlined approval process for 100% affordable housing in commercially-zoned areas and for mixed-income housing along commercial corridors, while providing well-paid construction jobs and opportunities to support a strong workforce.

AB 2097 (FRIEDMAN) SIGNATURE REQUESTED

The American Planning Association, California Chapter (APA California) respectfully requests that you sign AB 2097, which would eliminate minimum automobile parking requirements for both residential and commercial developments that are located within a ½ mile of public transit, as defined.

AB 2234 (RIVAS) SIGNATURE REQUEST

The American Planning Association, California Chapter (APA California) respectfully requests that you sign AB 2234, which would require several changes to streamline the process of post entitlement permits for housing developments. Specifically, the bill requires a local agency to post information related to post entitlement phase permits for housing development projects, process those permits in a specified time period depending on the size of the housing development, and establish a digital permitting system if the local agency meets a specific population threshold.

AB 2334 (WICKS) SIGNATURE REQUEST

The American Planning Association, California Chapter (APA California) respectfully requests that you sign AB 2334, which would allow a housing development project in specified counties to receive added height and unlimited density if the project is located in an urbanized very low vehicle travel area, at least 80 percent of the units are restricted to lower income households, and no more than 20 percent are for moderate income households.

SENATE

 SB 6 (CABALLERO) SIGNATURE REQUEST

The American Planning Association, California Chapter (APA California) respectfully requests that you sign SB 6, which creates the Middle-Class Housing Act of 2022 (Act). SB 6 establishes housing as an allowable use on parcels zoned for office or retail uses, allows projects to be eligible for SB 35’s streamlined ministerial approval process, if specified requirements are met, and provides well-paid construction jobs to support a strong workforce. 

SB 852 (SUPPORT) (DODD) CLIMATE RESILIENCE DISTRICTS

The American Planning Association, California Chapter (APA California) respectfully requests that you sign SB 852, which would permit local governments to form climate resilience districts (CRDs) to plan, finance, and implement climate adaptation and mitigation projects.

SB 922 ( SUPPORT) (WEINER) CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) EXEMPTION FOR SUSTAINABLE TRANSPORTATION PROJECTS

The American Planning Association, California Chapter (APA California) respectfully requests that you sign SB 922, which builds upon previous efforts in SB 288 (Wiener) [Chapter 200, Statutes of 2020]. Importantly, SB 922 would modify and extend the statutory exemptions to the California Environmental Quality Act (CEQA) for clean transportation projects, established by SB 288. In addition, the bill will provide clarity for implementation purposes and stronger protections for risks against displacement, among many other changes.

SB 948 (BECKER): HOUSING FINANCE PROGRAMS: DEVELOPMENT RESERVES

On behalf of the California State Association of Counties (CSAC), the Rural County Representatives of California (RCRC), the Urban Counties of California (UCC), and the California Chapter of the American Planning Association (APA), we respectfully request your signature on SB 948 by Senator Becker, which would restrict the California Department of Housing and Community Development (HCD) from requiring a project-specific reserve for any unit subject to a qualified project rental or operating subsidy.

2021 Position Letters

Assembly

AB 15 (SUPPORT) (CHIU) TENANT STABILIZATION ACT OF 2021

If the provisions of AB 3088 expire even as COVID-19 continues to surge, a near-certain wave of evictions will follow, causing enormous harm to those evicted, to neighborhoods, and to local governments. Therefore, it is crucial to extend the provisions of AB 3088 as one measure to reduce the damage from the pandemic. AB 15 reasonably extends the provisions of AB 3088 for just such a purpose.

AB 115 (SUPPORT) (BLOOM) RESIDENTIAL HOUSING DEVELOPMENT IN COMMERCIAL ZONES

Assembly Bill 115 would require that a housing development in which at least 20% of the units have an affordable housing cost or affordable rent for lower-income households shall be an authorized use on a site designated in a local agency’s zoning code or maps for commercial uses.

AB 345 (SUPPORT) (QUIRK-SILVA) ACCESSORY DWELLING UNIT (ADU) SEPARATE CONVEYANCE TO AFFORDABLE HOUSING NON-PROFIT ORGANIZATIONS

The American Planning Association, California Chapter (APA California) is pleased to support your bill, AB 345, which would require local jurisdictions to allow an accessory dwelling unit (ADU) to be sold or conveyed separately from the primary residence to specified affordable housing organizations, to create ownership units for low-income families.

AB 491 (SUPPORT) (GONZALEZ) AFFORDABLE HOUSING – ACCESS TO AMENITIES IN MULTI-FAMILY DEVELOPMENTS

Assembly Bill 491 would require that new mixed-income multifamily developments offer the same access to common entrances and amenities to occupants of the affordable housing units in the structure as is provided to occupants of the market-rate housing units. The bill would also prohibit developments from isolating the affordable housing units within the structure to a specific floor or an area on a specific floor.

AB 537 (REMOVAL OF OPPOSITION – JOINT LETTER) (QUIRK) COMMUNICATIONS: WIRELESS TELECOMMUNICATIONS AND BROADBAND FACILITIES.

Assembly Bill 537 attempts to expedite the siting of wireless facilities by establishing additional limitations on local government permit application review with confusing processing time frames and unclear impacts. Specifically, the proposed language in Government Code section 65964.1(a), providing that when an application is deemed approved, “all necessary permits shall be deemed issued,” is ambiguous and problematic. The intended effects of this language, and what it adds to the fact of deemed approval, are uncertain.

AB 561 (SUPPORT) (TING) ASSISTANCE WITH ADU FINANCING THROUGH NEW “HELP HOMEOWNERS ADD NEW HOUSING PROGRAM”

Assembly Bill 591 creates the Help Homeowners Add New Housing Program. Specifically, AB 561 would establish a state-backed lending program to encourage banks, credit unions, and other mortgage originators to make construction loans to homeowners to bridge existing federally backed loans to construct additional housing units on their property, including accessory dwelling units and junior accessory dwelling units.

AB 571 (SUPPORT AS AMENDED) (MAYES) DENSITY BONUS AFFORDABLE UNITES FEE PROHIBITIONS

Assembly Bill 571 would prohibit affordable housing impact fees, including inclusionary zoning fees, in-lieu fees, and public benefit fees, from being imposed on a housing development’s affordable units, if a project is proposed under the state’s density bonus law.

AB 585 (SUPPORT, GROUP LETTER) (L. RIVAS) EXTREME HEAT AND COMMUNITY RESILIENCE PROGRAM

This landmark bill will coordinate and enhance the state’s existing efforts to effectively address extreme heat and create a platform to support efforts by local governments and stakeholders, protecting communities from this escalating climate hazard.

AB 602 (OPPOSE UNLESS AMENDED) (GRAYSON) DEVELOPMENT FEES – IMPACT FEE NEXUS STUDY

Assembly Bill 602 would make significant changes to laws governing local development impact fee programs and create new state and local costs.

AB 642 (SUPPORT) (FRIEDMAN) FIRE PREVENTION PREPARATION AND PRESCRIBED BURNS

The American Planning Association, California Chapter (APA California) is pleased to support your bill, AB 642, which makes a number of important changes to support cultural and prescribed burning, requires CAL FIRE to identify moderate and high fire hazard severity zones through updating maps and expands fire safety building standards.

AB 721 (SUPPORT) (BLOOM) PROHIBITION OF EXCLUSIONARY HOUSING COVENANTS

The American Planning Association, California Chapter (APA California) is pleased to support your bill, AB 721, which would clarify that density restrictions in private covenants cannot be used to limit an affordable or supportive housing development that is otherwise consistent with local zoning.

AB 787 (SUPPORT) (GABRIEL) CONVERSION OF MARKET RATE HOUSING INTO AFFORDABLE HOUSING

Assembly Bill 787 would authorize local governments to count any units in an existing multifamily building that are converted to deed restricted housing for very low-, low- or moderate-income households towards their share of the regional housing need (RHNA) as long as specified conditions are met.

AB 816 (CONCERNS) (CHIU) STATE AND LOCAL AGENCIES — ACTIONABLE HOMELESS PLANS

Assembly Bill 816, would, among other things, require local governments to develop actionable homelessness plans and meet specified goals and reductions targets to reduce homelessness.

AB 819 (SUPPORT AS AMENDED) (LEVINE) ONLINE CEQA NOTICING REQUIREMENTS

The American Planning Association, California Chapter (APA California) is pleased to support your bill, AB 819, as amended March 17. Your bill requires lead agencies to post various California Environmental Quality Act (CEQA) notices and/or exemptions on its internet website and submit electronically to the State Clearinghouse. Recent amendments remove the requirement that the project applicant also be held responsible to post these documents on their own private website.

AB 880 (SUPPORT) (AGUIAR-CURRY) AFFORDABLE DISASTER HOUSING REVOLVING DEVELOPMENT AND ACQUISITION PROGRAM

Assembly Bill 880, would, upon appropriation by the Legislature, establish the Affordable Disaster Housing Revolving Development and Acquisition Program. This program would expedite relief funding for the development or preservation of affordable housing in the state’s declared disaster areas that have experienced damage or loss of homes that were occupied by lower-income households.

AB 950 (SUPPORT) (WARD) CALTRANS SALE OF EXCESS PROPERTY FOR AFFORDABLE HOUSING PURPOSES

Assembly Bill 950 would authorize the California Department of Transportation (Caltrans) to sell its excess real property to the city, county, or city and county where the real property is located if the local government agrees to use the real property for the sole purpose of implementing affordable housing. This bill would also exempt these transfers and sales from the California Environmental Quality Act.

AB 989 (NEUTRAL AS AMENDED) (GABRIEL) NEW HOUSING DEVELOPMENT APPEALS COMMITTEE

Assembly Bill 989 would create a new Housing Accountability Committee (HAC) within the California Department of Housing and Community Development (HCD), comprised of five members appointed by the Governor, to receive appeals from applicants when a local government denies a multifamily housing projects of ten units or more, emergency shelters, or approves the development subject to conditions that the applicant’s judgment render the project economically infeasible.

AB 1401 (SUPPORT) (FRIEDMAN) STATEWIDE PROHIBITIONS ON MINIMUM PARKING REQUIREMENTS FOR RESIDENTIAL AND COMMERCIAL DEVELOPMENTS NEAR PUBLIC TRANSIT 

Assembly Bill 1401 would prohibit a local government from imposing or enforcing minimum automobile parking requirements for both residential and commercial developments if such developments are located within a ½ mile of public transit.

APA California is supportive of the goals of your bill and other efforts that encourage developing walkable communities, enhance high-quality transit options that serve the needs of residents, and reduce reliance on private automobiles throughout cities and counties statewide. With these goals in mind, our organization is also supportive of encouraging housing, particularly affordable housing, and planning for the needs of all community members that may or may not rely on a car.

AB 1423 (SUPPORT) (DALY) HOUSING PROGRAMS: MULTIFAMILY HOUSING PROGRAMS: EXPENDITURE OF LOAN PROCEEDS.

Assembly Bill 1423 would allow developers to receive grant funding from the California Housing and Community Development Department (HCD) during the construction period thereby saving hundreds of thousands of dollars in construction period interest expenses.

ACA 1 (SUPPORT) (AGUIAR-CURRY) LOCAL GOVERNMENT FINANCING FOR AFFORDABLE HOUSING AND INFRASTRUCTURE

The American Planning Association, California Chapter is pleased to support ACA 1, which would amend the California Constitution, subject to approval by voters at a statewide election, to allow a city, county,
or special district, with 55% voter approval, to incur bonded indebtedness or impose specified special taxes to fund projects for affordable housing, permanent supportive housing, or public infrastructure.

Senate

SB 1 (SUPPORT) (ATKINS) THE CALIFORNIA SEA LEVEL RISE MITIGATION AND ADAPTATION ACT OF 2021

Senate Bill 1, which would establish the California Sea Level Rise Mitigation and Adaptation Act of 2021 and creates a new program at the Ocean Protection Council to help coordinate and fund state and local efforts to
prepare for sea level rise.

SB 6 (SUPPORT) (CABALLERO) RESIDENTIAL HOUSING DEVELOPMENT IN COMMERCIAL ZONES

Senate Bill 6 creates the Neighborhood Homes Act, which establishes a housing development project as an allowable use on a “neighborhood lot,” defined as a parcel within a commercial zone where office and retail uses are permitted, so long as the parcel is not adjacent to an industrial use. The bill also provides for an unspecified amount of the units to be affordable, sets forth a number of additional requirements that the development must meet and sunsets on January 1, 2029.

SB 9 (SUPPORT) (ATKINS) STREAMLINED APPROVAL FOR SMALL-SCALE DEVELOPMENTS OF DUPLEXES AND LOT SPLITS

Senate Bill 9 specifically requires a local jurisdiction to ministerially approve a housing development of up to two units (a duplex) or the subdivision of a parcel map into two equal parcels (an urban lot split), while still allowing a jurisdiction to impose objective zoning and design standards that don’t conflict with the provisions of this bill.

SB 10 (SUPPORT) (WIENER) CEQA EXEMPTION FOR UPZONING FOR RESIDENTIAL DENSITY

Senate Bill 10 allows a local jurisdiction to amend its General Plan and zoning to permit up to 10 units of residential density per parcel, at a height specified by the jurisdiction, if the parcel is located in a transit-rich area, jobs rich area, or urban infill site and is not located in a high fire risk area.

SB 12 (SUPPORT) (MCGUIRE) WILDFIRE PLANNING AND MITIGATION IN VERY HIGH FIRE HAZARD SEVERITY ZONES (VHFHSZ)

The American Planning Association, California Chapter (APA California) is pleased to support your bill, SB 12, which makes a number of important changes regarding planning for and permitting development in the very high fire hazard severity zones (VHFHSZ).

SB 63 (SUPPORT) (STERN) NEW FIRE PREVENTION AND PROTECTION STANDARDS

The American Planning Association, California Chapter (APA California) is pleased to support your bill, SB 63, which makes a number of important changes to enhance fire prevention and protection efforts, including among other things, improved vegetation management, updated standards for homes in very high fire hazard severity zones (VHFHSZ) and consideration for these same standards in moderate fire risk areas.

SB 290 (SUPPORT) (SKINNER) DENSITY BONUS LAW BENEFITS FOR MODERATE-INCOME AND LOWER-INCOME STUDENT HOUSING UNITS

APA supports providing higher density and other benefits in exchange for higher levels of affordability in projects, including moderate-income units and student units, similar to enhanced density bonus ordinances adopted and working successfully in many cities and counties around the state.

SB 447 (SUPPORT AS AMENDED) (WIENER) NEW GENERAL PLAN ANNUAL PROGRESS REPORT REQUIREMENTS

Senate Bill 477 adds a number of requirements to the annual progress report (APR) that local governments are required to submit to the California Department of Housing and Community Development (HCD) each year in relation to their housing elements.

SB 621 (SUPPORT) (EGGMAN) STREAMLINING FOR CONVERSATION OF HOTELS AND MOTELS

The American Planning Association, California Chapter (APA California) is pleased to support your bill, SB 621, which would provide a streamlined process for converting hotels and motels into permanent multifamily housing with a specified percentage of units affordable to lower-income households.

SB 728 (SUPPORT) (HERTZBERG) DENSITY BONUS UNITES AUTHORIZED TO BE PURCHASED BY NONPROFIT HOUSING ORGANIZATIONS

Senate Bill 728 would, as an alternative in Density Bonus Law requirements to ensure an initial occupant of a for-sale unit meets specified income requirements, allow a qualified nonprofit housing organization to purchase the unit as well. This would allow specified nonprofits to provide affordable homeownership opportunities and ensures the unit(s) remains affordable over time. 

SCA 2 (SUPPORT) (ALLEN & WIENER) REPEAL OF ARTICLE 34 VOTER APPROVAL OF PUBLIC HOUSING PROJECTS

Senate Constitutional Amendment 2 proposes to place an initiative on the ballot in 2022 to repeal Article 34 of the California Constitution. Passed by voters in 1950, Article 34 requires a majority approval by the voters of a city or county for the development, construction, or acquisition of a publicly funded “low-rent housing project.”

Budget

(LETTER OF SUPPORT) BUDGET SURPLUS/STIMULUS FUNDING FOR AFFORDABLE HOUSING

We represent a diverse group of stakeholders working together to address California’s housing supply and affordability crisis. We write to express our strong support for allocating at least $3 billion to affordable housing from the $14 billion budget surplus the state has accumulated and the $16 billion the state will receive in federal funds from the American Rescue Plan.

(LETTER OF SUPPORT) STATE SURPLUS/AMERICAN RESCUE PLAN INVESTMENT IN INFILL INFRASTRUCTURE GRANTS

We represent stakeholders working together to address California’s housing supply and affordability crisis while creating sustainable communities. We write to express our strong support for allocating $500 million to the Infill Infrastructure Grant (IIG) program from the $14 billion budget surplus the state has accumulated and the $16 billion the state will receive in federal funds from the American Rescue Plan.

2020 Position Letters

Assembly

AB 69 (SUPPORT) (TING) ASSISTANCE WITH ADU FINANCING THROUGH THE HELP HOMEOWNERS ADD NEW HOUSING PROGRAM

Assembly Bill 69 would require the California State Treasurer’s Office to create the Help Homeowners Add New Housing Program with the purpose of assisting homeowners in qualifying for loans to construct additional housing units on their property, including accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs)

AB 434 (SUPPORT) (DALY) HOUSING FINANCING PROGRAMS: UNIFORM PROCEDURES

This bill would help streamline affordable housing grant programs under the Department of Housing and Community Development (HCD) by aligning application requirements and procedures.

AB 609 (SUPPORT) IF AMENDED) (LEVINE) ONLINE CEQA NOTICING REQUIREMENTS

Assembly Bill 609 would require various California Environmental Quality Act (CEQA) notices and/or exemptions to be posted by the lead agency and the project applicant on their internet website and submitted to the State
Clearinghouse electronically in order to post those documents on their internet website.

AB 725 (NEUTRAL IF AMENDED) (WICKS) PROHIBITS MORE THAN 20% ABOVE MODERATE-INCOME HOUSING ZONING TO BE SINGLE FAMILY

The bill as amended would require that at least 50% of a suburban or metropolitan jurisdiction’s share of the regional housing need for above moderate-income housing be allocated to sites within the housing element with zoning that allows as least 2, but no more than 20, units of housing. 

AB 831 (SUPPORT IF AMENDED) (GRAYSON) SB 35 CLEANUP

Assembly Bill 831 provides a number of cleanup provisions to SB 35.

AB 1279 (SUPPORT IF AMENDED) (BLOOM) BY RIGHT APPROVAL OF HOUSING IN NEW HIGH-OPPORTUNITY AREAS

Assembly Bill 1279 requires certain development sites in high opportunity areas to allow for more density and height and makes these sites subject to “use by-right” approval.

AB 1409 (SUPPORT) (LEVINE) IDENTIFICATION OF EVACUATION LOCATIONS IN THE SAFETY ELEMENT

The American Planning Association, California Chapter (APA California) is pleased to support your bill, AB 1409, which would require the safety element to be reviewed and updated to identify evacuation locations, under a range of emergency scenarios.

AB 1850 CONCERNS (GONZALEZ) REGARDING AB1850 AND AB 5 (2019) WORKER CLASSIFICATION CLEAN UP AMENDMENTS NEEDED TO ADDRESS CRITICAL PLANNING WORK

Assembly Bill 1850 currently seeks to exempt certain occupations from the 3-part ABC test for employment status and instead applies the test set forth in the California Supreme Court’s Borello decision to those occupations.

AB 1907 (SUPPORT) (SANTIAGO) CEQA: EMERGENCY SHELTERS: SUPPORTIVE AND AFFORDABLE HOUSING: EXEMPTION

Assembly Bill 1907, introduced January 8, 2020, would remove barriers to help accelerate the construction of desperately needed housing for families and individuals experiencing homelessness or at risk of becoming homeless throughout California.

AB 2168 (OPPOSE) (McCARTY) PLANNING AND ZONING: ELECTRIC VEHICLE CHARGING STATIONS: PERMIT APPLICATION: APPROVAL

Assembly Bill 2168 will require applications to install electric vehicle (EV) charging stations to be deemed complete within five business days by a building official in local jurisdictions.

AB 2257 (SUPPORT AS AMENDED) (GONZALEZ) WORKER CLASSIFICATION CLARIFICATION FOR INDEPENDENT CONTRACTORS PERFORMING CRITICAL PLANNING WORK

Assembly Bill 5 currently exempts certain occupations from the 3-part ABC test for employment status and instead applies the test set forth in the California Supreme Court’s Borello decision to those occupations. AB 2257 is now the vehicle for other AB 5 clarifications that are critical, including recent amendments that clarify contract relationships
between independent contractors and public agencies, other consulting businesses and individuals.

AB 2323 (SUPPORT) (FRIEDMAN/CHIU) STREAMLINING OF EXISTING CEQA EXEMPTIONS

Assembly Bill 2323 will make a number of updates to existing California Environmental Quality Act (CEQA) streamlining provisions for housing projects in order to make the various exemptions more consistent and workable.

AB 2345 (Removal of Opposition) (GONZALEZ) CHANGES IN DENSITY BONUS LAW DENSITY AND AFFORDABILITY RATIOS

The August 21st amendments addressed two of our main concerns: not increasing incentives and concessions without including significant affordability increases; and exempting local governments that have already adopted and are successfully implementing a local housing incentive ordinance that allows for density bonuses that exceed those required by the current state law effective through December 31, 2020.

AB 2421 NEUTRAL AS AMENDED (QUIRK) EXPEDITED PERMITTING OF BACKUP GENERATES FOR WIRELESS COMMUNICATIONS FACILITIES

Assembly Bill 2421 requires a streamlined local permitting process for siting backup power generators on macro cellular tower sites through January 1, 2024 and applies a deemed approved provision, regardless of whether or not the permit meets all health and safety requirements.

AB 2580 (SUPPORT AS AMENDED) (EGGMAN) STREAMLINING FOR CONVERSATIONS OF HOTELS AND MOTELS

Assembly Bill 2580 provides a streamlined process for converting hotels and motels into permanent housing when a project includes a specified percentage of units affordable to lower-income households.

AB 2734 (SUPPORT) (CHIU) OFFICE OF PLANNING AND RESEARCH CALIFORNIA ENVIRONMENTAL QUALITY ACT MAPPING TOOLS

Assembly Bill 2734 increases the ability for local jurisdictions and project proponents to utilize existing CEQA exemptions through a soon to be released mapping tool developed by the Office of Planning and Research (OPR).

AB 2988 (SUPPORT) (CHU) SUPPORTIVE HOUSING

Assembly Bill 2988 will make supportive housing a use by right in zones where emergency shelters are permitted and increase the current 50-unit limit on the number of units in a supportive housing development eligible for by right approvals to 120 or fewer if the project is located within a region served by a continuum of care, and the most recently published total homeless point-in-time count for the region is 1,500 or fewer.

AB 3040 (SUPPORT) (CHU) INCENTIVES TO UP-ZONE SINGLE FAMILY SITES

Assembly Bill 3040 provides incentives for cities and counties to upzone single family sites to 4-plexes.

AB 3107 (SUPPORT IF AMENDED) (BLOOM) HOUSING IN COMMERCIAL ZONES

Assembly Bill 3107 mandates that a housing development in which at least 20% of the units have an affordable housing cost or affordable rent for lower-income households shall be an authorized use on a site designated in any element of the general plan for commercial uses.

AB 3164 (SUPPORT) (FRIEDMAN) WILDLAND-URBAN INTERFACE RISK REDUCTION GUIDELINES

Assembly Bill 3164 would require the Department of Forestry and Fire Protection (CAL FIRE), in consultation with the State Fire Marshal and the Insurance Commissioner, to develop a wildland-urban interface wildfire risk model to determine the risk for a community or parcel in specified wildfire hazard zones.

AB 3234 (SUPPORT) (GLORIA) STREAMLINING SMALL LOT SUBVENTIONS AND CLARIFYING STANDARDS FOR SUBDIVISION MAP ACT DENIALS

Assembly Bill 3234 will create a new tool for local jurisdictions to allow for a streamlined development process for small lot subdivisions, exempt the adoption of a small lot ordinance from CEQA, and update the mandatory Subdivision Map Act findings to be consistent with the Housing Accountability Act’s requirements.

AB 3279 (SUPPORT) (FRIEDMAN) STREAMLINING FOR CEQA LITIGATION

Assembly Bill 3279 would assist in streamlining California Environmental Quality Act (CEQA) litigation by authorizing a public agency to deny a request of the plaintiff or petitioner to prepare the record of proceedings and would require the court to schedule a case management conference within 30 days of the filing of an action to review the scope, timing, and cost
of the record of proceedings. The bill would also delete obsolete and duplicative provisions from CEQA.

Senate

SB 35 (COMMENTS TO HCD) (WIENER) DRAFT STREAMLINED MINISTERIAL APPROVAL PROCESS UPDATED GUIDELINES

The American Planning Association, California Chapter appreciates this opportunity to provide comments to HCD on the SB 35 Draft Streamlined Ministerial Approval Process Updated Guidelines.

SB 50 (NEUTRAL AS AMENDED) (WIENER) HOUSING DEVELOPMENT INCENTIVES AND REQUIREMENTS

APA has reviewed the January 6, 2020 amendments to SB 50. APA appreciates the revised philosophy and structure of the amendments, which will now provide a new option for cities and counties to submit their own “local flexibility plan” to meet the goals of SB 50: increase density around major transit and job centers; comply with furthering fair housing requirements; reduce VMT.

SB 281 (SUPPORT AS AMENDED) (WIENER) EXTENSION OF HOUSING PERMITS AND OTHER ENTITLEMENTS DUE TO COVID-19

Senate Bill 281 as amended July 30 will extend by 18 months the period for the expiration, effectuation, or utilization of specified housing permits and entitlements that were issued before, and were in effect on, March 4, 2020, and that will expire before December 31, 2021. 

SB 288 (SUPPORT) (WIENER) NEW CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) EXEMPTIONS FOR BUS RAPID TRANSIT AND REGIONAL RAIL SERVICES PROJECTS

Senate Bill would further exempt from the requirements of CEQA certain projects for the institution or increase of bus rapid transit and regional rail services on public rail or highway rights of way, whether or not it is presently used for public transit and projects for the institution or increase of passenger or commuter service on high-occupancy vehicle lanes
or existing roadway shoulders.

SB 902 (SUPPORT) (WIENER) CEQA EXEMPTION FOR UPZONING

Senate Bill 902 allows a local government to pass an ordinance to zone any parcel, for up to 10 units of residential density per parcel, at a height specified by the local government or ordinance, if the parcel is located in a transit-rich area, jobs rich area, or urban infill site. The bill also exempt the
adoption of the ordinance from CEQA.

SB 995 (SUPPORT IF AMENDED) (ATKINS) EXTENTION OF THE JOBS AND ECONOMIC IMPROVEMENT THROUGH ENVIRONMENTAL LEADERSHIP ACT OF 2011: HOUSING PROJECTS AND REQUIRED CEQA DOCUMENTS WHEN USING STATE FUNDS

Senate Bill 995 would extend for four years the Jobs and Economic Improvement Through Environmental Leadership Act of 2011 until 2025 and would allow housing projects that meet certain requirements, including specified affordable housing requirements, eligible for certification under the Act. The bill would also require a lead agency to prepare a Master Environmental Impact Report (EIR) for a general plan, plan amendment, plan element, or specific plan for housing projects where the state has provided funding for the preparation of the Master EIR. 

SB 1085 (SUPPORT IF AMENDED) (SKINNER) DENSITY BONUS LAW BENEFITS FOR MODERATE-INCOME AND STUDENT HOUSING UNITS

Senate Bill 1085 provides additional Density Law benefits for moderate-income and student housing units. The amendments removed most of APA’s original concerns with the bill.

SB 1120 (SUPPORT) (ATKINS) STREAMLINED APPROVAL FOR SMALL-SCALE DEVELOPMENTS OF DUPLEXES AND LOT SPLITS

Senate Bill 1120 would require ministerial approval for both duplexes and urban lot splits if certain conditions are met. 

SB 1138 (SUPPORT IF AMENDED) (WEINER) REZONING OF SITES FOR EMERGENCY SHELTERS

Senate Bill will require additional criteria to be used in determining sites to be rezoned to accommodate emergency shelters.

SB 1199 (SUPPORT) (McGUIRE) COMMISSION ON HOME HARDENING

Senate Bill 1199 would establish the Commission on Home Hardening (Commission). The Commission would be required to develop a three-tiered certification system of fire prevention levels for structures in a Wildland Urban Interface (WUI). The bill would also require residential property insurers to consider the three-tiered system and certified wildfire community hardening standards in setting rates and issuing insurance.

SB 1385 (SUPPORT IF AMENDED) (CABALLERO) AUTHORIZED RESIDENTIAL USES IN RETAIL AND OFFICE ZONES

APA California has taken a support if amended position on Senate Bill 1385. SB 1385 will authorize residential projects in retail and office zones.

2019 Position Letters

HCD Terner Fee Study Final Comments and Coalition Recommendations

Assembly

AB 68 Removal of Opposition (TING) NUMEROUS MAJOR CHANGES TO ACCESSORY DWELLING UNIT LAW

The American Planning Association, California Chapter (APA California) Is pleased to remove our opposition to your bill, AB 68. Your bill proposes a number of amendments to the statewide standards that apply to locally-adopted ordinances concerning accessory dwelling units (ADUs).

AB 490 (SUPPORT) (SALAS) AFFORDABLE HOUSING STREAMLINING

Assembly Bill 490 would allow streamlined judicial review for affordable housing projects that contain 25-50% affordable housing units, in areas where the 10% or more of the population is considered severely housing cost burdened.

AB 670 (SUPPORT) (FRIEDMAN) ACCESSORY DWELLING UNITS IN COMMON INTEREST DEVELOPMENTS

Assembly Bill 670 would allow accessory dwelling units (ADUs) to be developed on properties within a homeowner association (HOA).

AB 782 (SUPPORT) (BERMAN) CEQA – PROPERTY LAND TRANSFERS

Assembly Bill 782 will codify the California Environmental Quality Act (CEQA) categorical exemption for transfers of ownership of interests in land in order to preserve open space, habitat, or historical resources, thereby eliminating the exceptions for project-specific effects which apply to a categorical exemption.

AB 1483 (SUPPORT IF AMENDED) (GRAYSON) ADDITIONS TO THE ANNUAL HOUSING ELEMENT REPORT

Assembly Bill 670 would make a number of changes to the data collected for the Housing Element Annual Report from cities and counties. APA appreciates meeting with your staff and the sponsors to discuss our suggested concerns.

AB 1484 (SUPPORT IF AMENDED) MITIGATION FEE PROCESS CHANGES – In Assembly Housing & Community Development Committee – Wednesday, April 3rd

Assembly Bill 1484 would now require, at the time that an application for a housing development project is deemed complete, a city or county to provide a good faith statement disclosing the amount of impact and development fees applicable to the housing. It would then prohibit those disclosed impact and development fees from being increased for two years following the issuance of the good faith statement.

AB 1485 (SUPPORT) (WICKS) HOUSING DEVELOPMENT: STREAMLINING – In Senate Housing Committee

Assembly Bill 1485 would allow moderate- and middle- income housing projects to qualify for SB 35 streamlining.

AB 1717 (SUPPORT) (FRIEDMAN) TRANSIT ORIENTED AFFORDABLE HOUSING FUNDING PROGRAM

Assembly Bill 1717 will create the Transit Oriented Affordable Housing Funding Program. This bill will create opportunities for local governments to develop mixed-income housing units targeted to meet the demand of a neighborhood, expanding the supply of lower-cost units in areas where market rate units are traditionally built.

ACA 1 (SUPPORT) (AGUIAR-CURRY) LOCAL GOVERNMENT FINANCING FOR AFFORDABLE HOUSING AND INFRASTRUCTURE

ACA 1 will lower the voter threshold to 55% to approve local general obligation bonds and special taxes for affordable housing and public infrastructure projects.

Senate

SB 5 (SUPPORT) (BEALL/McGUIRE) FINANCING FOR AFFORDABLE HOUSING AND OTHER KEY PROJECTS

Senate Bill 5 will provide funding for state-approved projects in state-approved redevelopment plans for affordable and workforce housing, transit-oriented development, infill development, revitalizing and restoring neighborhoods and planning for sea level rise.

SB 9 (SUPPORT) (BEALL) LOW-INCOME HOUSING TAX CREDITS

Senate Bill 9 increases the impact of the state’s existing low-income housing tax credit with no fiscal impact to the state.

SB 13 (NEUTRAL AS AMENDED) (WIECKOWSKI) MAJOR CHANGES TO ACCESSORY DWELLING UNIT LAW

The American Planning Association, California Chapter (APA California) is pleased to remove our opposition to  bill, SB 13. This bill proposes numerous significant amendments to the statewide standards that apply to locally-adopted ordinances concerning accessory dwelling units (ADUs). Included in those changes are: Removal of owner occupancy requirements until 2025; new authority to the Department of Housing and Community Development (HCD); elimination of replacement parking requirements; and a cap on impact fees associated with ADU development.

SB 99 (SUPPORT) (NIELSEN) EMERGENCY EVACUATION ROUTES

Senate Bill 99 would require a city or county, upon revision of the housing element, to review and update the safety element to include information identifying residential developments in very high fire hazard severity zones or state responsibility areas that do not have at least two emergency evacuation routes.

SB 128 (SUPPORT) (BEALL) LOW-INCOME HOUSING TAX CREDITS

Senate Bill 128 removes the vote requirement for issuing EIFDs bonds.

SB 182 (SUPPORT) (JACKSON) WILDFIRE PLANNING AND MITIGATION IN VERY HIGH FIRE RISK AREAS

SB 182 will require local jurisdictions to make changes to the land use and safety elements of the General Plan to ensures proper planning so that new developments are appropriately designed and/or directed to less-hazardous areas within a jurisdiction. The bill also requires a new retrofit strategy to assist in hardening existing homes.

SB 234 (SUPPORT) (SKINNER) KEEP CHILDCARE CLOSE TO HOME – In Assembly Human Services Committee Tuesday, June 18

Senate Bill 234 would limit local use restrictions for licensed child care homes, clarifying that large family child care homes and small child care homes must both be treated as a residential use of property. 

SB 242 (SUPPORT) (ROTH) LAND USE NOTIFICATIONS NEAR MILITARY OPERATIONS

Senate Bill 242 updates and streamlines requirements for notifying the military of proposed developments near military installations.

SB 330 (NEUTRAL IF AMENDED) (SKINNER) HOUSING CRISIS ACT OF 2019

Senate Bill 330 would freeze or prohibit a number of housing-related requirements for 5 years with the goal of speeding up housing production in areas with the most severe housing shortages.

2018 Position Letters

Assembly

AB 686 (Support if Amended) INCORPORATE THE FEDERAL AFFH REGULATIONS INTO STATE LAW– in Senate Transportation & Housing Committee – Tuesday, June 27

APA California supports AB 686 if the bill is narrowed to mirror the existing federal “affirmatively further fair housing” (AFFH) requirements. APA agrees that the state should incorporate the federal AFFH regulations into state law in anticipation that the federal regulations may be eliminated.

AB 1771 (Support if Amended) CHANGES TO THE REGIONAL HOUSING NEED ALLOCATION PROCESS – in Senate Transportation & Housing Committee, Tuesday, June 26th

The American Planning Association, California Chapter (APA California) has taken a support if amended position on AB 1771. AB 1771 would make a number of changes to how the Regional Housing Need Allocation process (RHNA) is determined in housing element law.

AB 1804 (Support) CEQA INFILL EXEMPTION FOR COUNTIES – in Assembly Natural Resources Committee – April 9th

This bill would allow urbanized counties to use the existing categorical infill exemption for projects that meet the existing conditions that qualify for the exemption.

AB 1905 (Oppose) CONSTRUCTION DURING CEQA JUDICIAL REVIEW ON TRANSPORTATION-RELATED PROJECTS INCLUDED IN SUSTAINABLE COMMUNITIES STRATEGY – in Assembly Natural Resources Committee – April 9th

The bill, in an action or proceeding seeking judicial review under the California Environmental Quality Act (CEQA), would prohibit a court from staying or enjoining a transportation project that would reduce total vehicle miles traveled and is included in a Sustainable Communities Strategy (SCS) for which an environmental impact report(EIR) has been certified, unless the project presents an imminent threat to public health and safety.

AB 2161 (Support) HOMELESS INTEGRATED DATA WAREHOUSE – in Assembly Appropriations Committee – April 4th

AB 2161 would require the Department of Housing and Community Development to create a statewide homeless integrated data warehouse in coordination with the Homeless Coordinating and Financing Council.  The data would be used to develop a composite portrayal of the homeless population in the state, as well as services currently provided to people who are homeless.

AB 2162 (Support if Amended) STREAMLINING AFFORDABLE SUPPORTIVE HOUSING DEVELOPMENTS – in Assembly Local Government Committee

AB 2162 would streamline affordable supportive housing developments by approving projects with supportive housing as a use by right. AB 2162 would encourage more supportive housing to be well integrated into communities and provide needed housing for people looking to improve their life situation.

AB 2341 (Support if Amended) EXEMPTION FOR CONSIDERATION OF AESTHETICS UNDER CEQA – in Assembly Natural Resources Committee – April 9th

This bill would specify that the aesthetic effects of projects meeting certain requirements are not significant effects on the environment for purposes of CEQA.

AB 2434 (Support) HEALTH IN ALL POLICIES PLANNING – in assembly Health Committee – April 3rd

The bill would permanently establish the Health in All Policies Program so that state departments can continue to integrate health and equity into programs and policies.

AB 2753 (Support as Amended) DETERMINATION OF ELIGIBILITY OF DENSITY BONUS – in Assembly Local Government Committee – Wednesday, April 25th

As amended, AB 2753 will require the city or county, when notifying the applicant for a density bonus whether the application is complete, to also notify the applicant of the amount of density bonus for which the applicant is eligible, and if requested by the applicant, the parking ratio for which the applicant is eligible. If the applicant requests incentives or concessions, or waivers or reductions of development standards, the local agency will now also be required to notify the applicant whether the applicant has provided adequate information for the local government to make a determination as to those incentives, concessions, or waivers or reductions of development standards. It also requires the local government to adjust the amount of density bonus and parking ratios awarded pursuant to this section based on any changes to the project during the course of development.

AB 2890 (Oppose Unless Amended) LAND USE: ACCESSORY DWELLING UNITS, as amended on July 3, 2018 – to be heard in Senate Appropriations Committee

The California State Association of Counties (CSAC), the Urban Counties of California (UCC), the Rural County Representatives of California (RCRC), the League of California Cities (LCC), and the American Planning Association California Chapter (APA) are opposed to your Assembly Bill 2890 in its current form. This bill would significantly amend the statewide standards that apply to locally-adopted ordinances concerning accessory dwelling units (ADUs), even though the law was thoroughly revised in the 2016 Legislative Session. These revisions made in 2016 were a product of two carefully negotiated bills that only became effective in January 2017, with further amendments during the 2017 Legislative Session. All local agencies that worked in good faith to implement those laws would have to reopen their ordinances yet again to comply with the provisions of AB 2890.

AB 2913 Removal of Opposition ONE YEAR INITIAL LIFE FOR BUILDING PERMITS – on Senate Floor

On behalf of the American Planning Association, California Chapter (APA CALIFORNIA), Rural County Representatives of California (RCRC), California Building Officials (CALBO), League of California Cities (LCC),
California State Association of Counties (CSAC), and Urban Counties of California (UCC), our organizations will be removing our opposition to AB 2913 as agreed to be amended.

AB 2923 (Oppose) OVERRIDING LOCAL ZONING ON BART PROPERTY – in Senate Governance & Finance Committee, Wednesday, June 27th

The American Planning Association, California Chapter (APA California) must respectfully continue to oppose AB 2923 as proposed to be amended. APA understands that the bill will be significantly amended soon. However, even as to be amended, this bill would take away local land use authority over BART station properties from cities and counties and hand it over to the BART Board. The bill gives every incentive for BART to maximize its land value regardless of the impacts on
surrounding properties.

AB 3147 (Oppose) FREEZING TIMING OF LOCAL FEES AND EXACTIONS – in Assembly Housing & Community Development committee 4/11 & Local Government Committee

AB 3147 would freeze all fees, exactions and other charges on the date that an application for a housing project is determined to be complete.

AB 3194 (Removal of Opposition as Proposed to be Amended June 19, 2018) – Senate Transportation & Housing Committee

On behalf of the Rural County Representatives of California (RCRC), the Urban Counties of California (UCC), the California State Association of Counties (CSAC), the League of California Cities (LCC), and the American Planning Association California Chapter (APACA), we are pleased to inform you that, based on proposed Senate Transportation and Housing Committee amendments, we are removing our opposition to your Assembly Bill 3194.

AB 3194 makes changes to the Housing Accountability Act to prohibit a local government from requiring rezoning of a housing development project site if the project is consistent with the objective general plan standards and criteria, but the zoning for the project site is inconsistent with the general plan. Under current law, General Plan land use elements are long-term documents that accommodate the needs of a jurisdiction through flexible general designations, which are made more specific through zoning as future growth occurs. Although the proposed amendments continue to require approval of certain projects that are inconsistent with a jurisdiction’s zoning code, this provision will be limited to circumstances where the jurisdiction has not brought its zoning ordinance into conformity with the general plan – which is something that is ultimately under the jurisdiction’s control. The amendments will also allow local agencies to apply objective zoning standards and criteria to such projects. Additionally, the proposed Committee amendments, along with those taken on May 29, 2018, corrected ambiguities that would have resulted in costly litigation for local governments.

Senate

SB 765 (Oppose) SUBSTANTIAL POLICY CHANGES TO SB 35 STREAMLINING FOR HOUSING AND COMMERCIAL DEVELOPMENT – in Assembly Housing & Community Development Committee – Wednesday, June 27th

On behalf of the the American Planning Association, California Chapter (APA CALIFORNIA), Rural County Representatives of California (RCRC), the League of California Cities (LCC), the Urban Counties of California (UCC), and the California State Association of Counties (CSAC), our organizations have respectfully taken an oppose
position on SB 765. SB 765 would make a number of substantial policy changes to SB 35 signed into law last year. It was just amended on June 14th and then again on June 18th..

SB 827 (Oppose As Amended) OVERRIDING LOCAL ZONING NEAR TRANSIT – In Senate Transportation & Housing Committee – Tuesday, April 17th

SB 827 as amended would require a local government, if requested, to grant a “transit-rich” housing bonus to a development proponent of a “transit-rich” housing project located near transit by eliminating specific local land use authority.

SB 828 (Oppose Unless Amended) SIGNIFICANT CHANGES TO THE REGIONAL HOUSING NEED ALLOCATION PROCESS – in Assembly Local Government Committee – Wednesday, June 27th

The American Planning Association, California Chapter (APA California) appreciates the many amendments made to SB 828 in the Senate. Eliminating the requirement that any housing unbuilt in the previous housing element period be added to the new RHNA addressed APA’s concern that the RHNA already addresses the total need. This requirement would have double counted those cross-over sites. We remain committed to working with the author on additional changes to the RHNA allocation process as the bill moves forward. However, we must respectfully continue to oppose SB 828 unless amended.

SB 831 APA CALIFORNIA SUPPORTS STANDARDS THAT ENCOURAGE ACCESSORY DWELLING UNIT (ADU) DEVELOPMENT BUT DOESN’T SUPPORT ANNUAL CHANGES

APA California supports ADUs as an important source of housing to help combat the housing crisis our communities are facing. APA also supports standards that encourage the development of ADUs. APA’s opposition to AB 2890 and SB 831 are not to the permitting of ADUs. Instead, our concerns are that these new ADU requirements are not functional and will create unintended consequences. In addition, APA objects to another round of substantial changes proposed in two bills that, yet again, set specific standards that will not work in all jurisdictions throughout the state.

SB 918 (Support) HOMELESS YOUTH ACT OF 2018 – In Senate Human Services Committee – April 10th

SB 918 would create the Office of Homeless Youth within the Department of Housing and Community Development and would require the Office to set specific goals to prevent and end youth homelessness in California. The bill would also establish $60 million in grants from the cannabis tax and other funds to assist in the development of supportive housing and other preventative services.

SB 1015 (Support) CALIFORNIA CLIMATE RESILIENCY PLANNING – in Senate Environmental Quality Committee – April 18th

SB 1015 would establish the California Climate Resiliency Program (CCRP). The CCRP would increase resiliency to climate change impacts in urban and rural communities and fund the planning and implementation of projects that reduce emissions of greenhouse gases and improve the climate change resiliency of natural systems, natural and working lands and developed areas.

SB 1035 (Support if Amended) CLIMATE ADAPTATION AND RESILIENCY STRATEGIES WITHIN THE GENERAL PLAN – In Senate Governance and Finance Committee

This bill would require, the planning agency to review and, if necessary, revise the safety element upon each revision of the housing element to identify new information relating to flood and fire hazards and climate adaptation and resiliency strategies applicable to the city or county that was not available during the previous revision of the safety element.

SB 1145 (Support) ENHANCED INFRASTRUCTURE FINANCING DISTRICT INVESTMENT PROTECTION– in Senate Governance and Finance Committee – April 11th

SB 1145 would protect local economic development investments by allowing Enhanced Infrastructure Financing Districts (EIFDs) to finance ongoing or capitalized maintenance costs for public projects financed by the EIFD.

SB 1226 (Support) PERMITTING FOR EXISTING ACCESSORY DWELLING UNITS – in Senate Transportation & Housing Committee

SB 1226 would allow local governments to apply the building standards in effect at the time of construction for the purpose of permitting existing unpermitted ADUs.

SB 1469 (Oppose) ACCESSORY DWELLING UNIT (ADU) CHANGES – in Senate Transportation and Housing Committee – April 24th and Senate Governance and Finance April 25th

SB 1469 makes a number of changes to the accessory dwelling unit (ADU) law, including significant changes to existing provisions governing fees for service. Some of the amendments proposed in this bill will change provisions that were specifically negotiated in good faith when substantial changes to ADU law passed in 2016 (AB 2299 and SB 1069).

2017 Position Letters

ASSEMBLY

AB 72 (Support if Amended) HOUSING LAW ENFORCEMENT – In Senate Transportation and Housing Committee – Tuesday, June 11th

APA appreciates recent amendments in the bill that requires HCD to notify cities and counties of its concerns/potential violations before taking action to determine whether a housing element remains in substantial compliance. This new provision however gives cities and counties only 30 days to respond to any findings of non-compliance before compliance can be revoked. This is an
extremely short amount of time for a city or county to respond, particularly if the non-compliance involves a number of actions or programs. APA believes that 90 to 180 days, depending on the actions or programs at issue, is a more
reasonable response period.

AB 151 (Support) Extension of CAP and Trade Beyond 2020

This bill would authorize the California Air Resources Board to continue the AB 32 market-based compliance mechanism, Cap and Trade, after December 31, 2020, to further the statewide greenhouse gas emissions limit of at least 40% below the 1990 level by 2030.

AB 202 (Oppose) 

AB 202 requires certain permits for projects of no more than 50 residential units or 50 guest rooms, in cities and counties with over 15,000 in population, to be ministerially approved, conditionally approved, or denied by a director of the lead planning agency.

AB 626 (Support if Amended) 

AB 626 would add microenterprise home kitchen operations within the definition of a food facility, and exempt such
microenterprise home kitchen operations from specific requirements otherwise applicable to food facilities.

AB 678 (Oppose Unless Amended) 

Changes to the Housing Accountability Act – APA California has reviewed the recent amendments to AB 678 and SB 167, which we understand will be eventually amended to include the same language. Both bills would make major changes to the Housing Accountability Act (HAA), including a change in the standard of review for violations from substantial evidence to preponderance of the evidence, substantially increased fines and penalties for non-compliance with the HAA, a new required HAA analysis, and increased restrictions on the ability for local agencies to reduce density.

AB 686 (Santiago) 

Notice of Support IF AMENDED – APA California supports AB 1404 if the bill is narrowed to more closely reflect the existing federal “affirmatively further fair housing” (AFFH) requirements.

AB 852 (Support) 

Measure the would require the annual report sent each year by cities and counties to the Office of Planning & Research and HCD, related to implementation of the housing element, to include new information related to housing approvals.

AB 886 (Letter of Concern) 

This bill would require cities and counties to establish a program to identify non-compliant live/work spaces and to create a pathway to allow those spaces to be brought up to code, while occupants continue to live in the space.

AB 1350 (Oppose) 

This bill would designate a city or county as a “noncompliant” city or county if that local agency has not “met” at least 1/3 of its share of the regional housing need (RHNA) for low-income and very-low income housing during its current housing element planning period on or before January 1, 2021. A “noncompliant” city or county would be required to pay a substantial penalty. The bill would additionally prohibit a noncompliant city or county from collecting established fees, or imposing new fees, as a condition of approval of a development project, and from requiring the payment of building permit fees.

AB 1397 (Oppose Unless Amended) 

HOUSING ELEMENT SITE INVENTORY RESTRICTIONS – The American Planning Association, California Chapter (APA California) has reviewed the July 3, 2017 amendments to AB 1397. The amendments include a number of changes suggested by APA, which are appreciated. However, APA continues to have a number of major concerns with AB 1397 as currently drafted. The bill would place restrictions on the ability of cities and counties to designate
non-vacant sites as suitable for housing development, even in built out jurisdictions with few if any vacant housing sites, and includes a long list of new mandates without any funding to accomplish these detailed changes. These detailed requirements would also be imposed on jurisdictions that are following the law and have a housing element deemed in compliance with housing element law by HCD.

AB 1404 (Support) 

AB 1404 would allow urbanized counties to use the existing categorical infill exemption for projects that meet the existing conditions that qualify for the exemption.

AB 1505 (Support) 

This bill would restore the long-standing authority of local governments to require the inclusion of affordable rental units as one component of their local inclusionary housing policies.

AB 1515 (Oppose Unless Amended) 

Housing Accountability Act Consistency Findings – AB 1515 would require a housing development project under the HAA to be deemed “consistent, compliant, and in conformity” with any local zoning or plan if there is substantial evidence that would allow a “reasonable person to conclude” that the housing development project is consistent, compliant, or in conformity.

AB 1585 (Oppose Unless Amended) 

The bill would completely change the approval process for housing at the local and state level by requiring each local agency to form a new affordable housing zoning board, requiring the board to issue a new “single application comprehensive permit”, requiring HCD to establish a housing appeals committee, and granting the state housing appeals committee the ability to determine if the local agency’s action with respect to approval or conditions on a housing project were appropriate.

Senate

SB 1 (Support) 

Transportation Funding – This bill would create the Road Maintenance and Rehabilitation Program to address deferred maintenance on the state highway system and the local street and road system.

SB 2 (Support) 

This bill enacts a permanent source of housing funding through the new Building Homes and Jobs Act.

SB 3 (Support) 

This bill enacts the Affordable Housing Bond Act of 2018. SB 3 would place a $3 billion bond before voters in November 2018 to fund affordable housing and related projects

SB 35 (Letter to Governor Brown) 

Request for Clean Up Amendments After Bill is Signed – Streamlined Approval for Some Housing Projects – The American Planning Association, California Chapter (APA California) supports The American Planning Association, California Chapter (APA California) supports the ministerial review process that is the cornerstone of SB 35, and understands that the bill is in the Housing Package that you have endorsed and plan to sign. Unfortunately, several amendments that were added to the bill at the very end of session appear to override local zoning.

SB 166 (Letter to Governor Brown) 

Expansion of No-Net-Loss of Housing Sites to Loss of Affordability – Request for Clean Up Amendments After Bill is Signed.

SB 167 (Oppose Unless Amended) Changes to the Housing Accountability Act – In Senate Transportation & Housing Committee – Tuesday, April 4th

APA California has reviewed the amendments to SB 167. APA does not object to broadening the Housing Accountability Act as proposed in the bill. However, the bill as amended would include sweeping changes to the HAA, with new terms and definitions, that we think are unworkable at the local level, are an invitation to lawsuits, and appear to suggest that any reasonable conditions imposed by a local agency are unwarranted.

SB 649 (Letter to Governor Brown) Request for Veto

Wireless Telecommunications Facilities – SB SB 649 eliminates public input by requiring a ministerial permit process for wireless equipment without adequate environmental and design review, mandates the forced leasing of publicly owned infrastructure to private companies, and eliminates the ability of local governments to negotiate fair leases or any public benefit for the installation of “small cell” wireless equipment on taxpayer-funded property.

SB 697 (Oppose) 

SB 697 would provide that if a local agency doesn’t comply with annual reporting requirements for the Mitigation Fee Act (Act) for more than 2 consecutive years, that agency would be prohibited from collecting established fees, and from imposing new fees, until compliance with the reporting requirement has been met. The bill would also require the local agency to continue to approve development projects without the collection or imposition of any fees.

2016 Position Letters

Assembly

Governor’s By Right Budget Trailer Bill (Support if Amended)

AB 1934 (Oppose) 

AB 1934 would require a city or county to grant to a commercial developer a density bonus when an applicant for commercial development agrees to partner with an affordable housing developer to construct a mixed-used project with the housing located in the commercial development or within a one-mile radius of the commercial development.

AB 2087 (Support) 

AB 2087 will help implement the recently adopted State Wildlife Action Plan strategies for protecting biodiversity. The bill would also provide for faster and more cost-effective delivery of public works projects, and for effective mitigation on projects in advance of adverse effects to protect the state’s biodiversity.

AB 2208 (Support if Amended) 

AB 2208 would expand the Housing Element inventory of land suitable for residential development to include buildings owned or under the control of a city or a county, zoned for residential or nonresidential use and capable of having residential developments constructed above the existing building, and underutilized sites.

AB 2299 (Signature Request)  

AB 2299 would require a local agency to provide by ordinance for the creation of second units in single-family and multifamily residential zones. It would also prohibit the imposition of additional parking for a second unit that is located within one-half mile of public transit or shopping or is within an architecturally and historically significant district.

AB 2319 (Support) 

AB 2319 would require a local agency to provide by ordinance for the creation of second units in single-family and multifamily residential zones. It would also prohibit the imposition of additional parking for a second unit that is located within one-half mile of public transit or shopping or is within an architecturally and historically significant district.

AB 2475 (Support) 

AB 2475 would establish within the California Infrastructure and Economic Development Bank the Local Government Affordable Housing Forgivable Loan Program, and require the bank to make loans to a local government for the development of affordable housing by the local government on terms and conditions the bank deems in the best interests of the state

AB 2501 (Opposition Removed) 

The American Planning Association, California Chapter (APA California) is removing its opposition to AB 2501 (Bloom) after reaching agreement with the author and sponsors on amendments. This bill adds another major round of changes to the Density Bonus law.

AB 2522 (Support) 

This is APA California’s sponsored legislation that would require by right approval by cities and counties of certain market-rate multifamily rental housing projects that include at least 20% low-income housing or 100% moderate-income housing.

AB 2556 (Support) 

AB 2556 will clarify the definition of “replace”, as it was defined in the Density Bonus statute in AB 2222, which was signed into law in 2014. AB 2556 clarifies that for units subject to rent control that is currently occupied by persons or families above lower income, the local government may require that the replacement units either be made affordable to low-income households or replaced in compliance with the jurisdiction’s rent control ordinance.

AB 2734 (Support) 

AB 2734 bill would require the Department of Finance to calculate the savings to the state attributable to the elimination of redevelopment agencies and provide 50% of that amount to HCD to provide funding to local agencies for housing.

AB 2788 (Oppose) 

AB 2788 would preclude local discretionary review of specified “small cell” wireless antennas and related equipment, regardless of whether they will be collocated on existing structures or located on new “poles, structures, or non-pole structures,” including those within the public road right-of-way and on buildings. The bill shuts out the public from the permitting process and preempts adopted local land use plans by mandating that “small cells” be allowed in all zones as a use by-right and requiring that the installation of “small cells” shall only require the issuance of a building permit or other administrative permit.

Senate

SB 313 (Support) 

SB 313 will require school districts to notify a local jurisdiction 30 days before a vote to make a zoning ordinance inapplicable to a proposed school site.

SB 1000 (Support if Amended) 

SB 1000 would add a new Environmental Justice Element to the already existing seven elements in the General Plan law. The bill would require that the new element identify disadvantaged communities within the jurisdiction and objectives and policies to reduce health risks.

SB 1069 (Veto Request)
SB 1277 (Oppose) 

SB 1277 would, before approving a project necessary for and directly related to the use of a specific bulk cargo terminal in the City of Oakland for the shipment of coal, require public agencies with discretionary authority over the project to prepare a supplemental EIR to consider and mitigate environmental impacts of coal shipments through the terminal.