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 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 (NOTICE OF OPPOSITION AS AMENDED) (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.