2020 Position Letters


ASSEMBLY

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

After reviewing the January 6 amendments to AB 725, APA continues to have concerns with the bill and must remain opposed unless the bill is amended to narrow its scope as suggested by the committee amendments. 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. APA appreciates that your staff and the sponsor provided APA with a chance to review these amendments before they were in print. And, this approach does provide more flexibility than the original version of the bill which would have prohibited more than 20% of above-moderate-income sites from being zoned for single family units.

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. This measure also requires such applications to be deemed approved within 15 business days after the application was submitted if the respective building official has not issued a permit and if the building official has not made findings that the proposed installation could have specific adverse impacts on public health and safety.

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 (OPPOSE UNLESS AMENDED) (GONZALEZ) DENSITY BONUS LAW WAIVERS AND CONCESSIONS AND AFFORDABILITY THRESHOLDS

Assembly Bill 2345 would increase the density bonus, waivers and concessions to developers using Density Bonus Law without requiring a commensurate level of affordability in return.

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

AB 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. With the amendments made on June 4, the bill now ensures all building and fire safety requirements must be met before the application to can be approved.

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 This measure 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 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.

SENATE

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 902 (SUPPORT) (WIENER) CEQA EXEMPTION FOR UPZONING

Senate Bill 902 now 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, and exempts the ordinance from CEQA.

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

Senate Bill 1085 currently states that fees, including inclusionary zoning fees, in-lieu fees, and public benefit fees, shall not be imposed on a housing development’s affordable units or bonus units.

APA supports providing higher density and other benefits in exchange for higher levels of affordability in projects, similar to enhanced density bonus ordinances adopted and working successfully in many cities and counties around the state; and would like to continue to work with the author on the amendments suggested in the Support if Amended letter and move to full support.

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 1120 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. The bill applies specific conditions that must be met to approve these types of developments, including that the development is located in an urbanized area and is not located on a number of protected and sensitive habitats or environmental hazards. The bill also applies important anti-displacement protections by prohibiting the approval of a development that requires the demolition or alteration of existing housing that is deed restricted or has been occupied for the last three years.

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

Senate Bill 1138 makes changes to housing element law with regards to where shelters may be zoned, as specified. This bill also requires localities that fail to adopt a legally compliant housing element within 120 days of the statutory deadline, to complete a rezone program within one year instead of the current three-year requirement. APA addresses five areas of concern to the May 26 amendment in this Support if Amended letter.

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

The American Planning Association, California Chapter, has taken a support if amended position on SB 1385. SB 1385
will authorize residential projects in retail and office zones. APA supports this concept and the provision allowing the
developer to request the use of the existing Mello-Roos District formation to pay for facilities if they are able to get
the property owner votes. However, there are a few issues that APA would like to work with the author to resolve as the bill moves forward, and suggests several amendments.