CC RESOLUTION 5247RESOLUTION NO. 5247
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL
SEGUNDO, CALIFORNIA, EXPRESSING OPPOSITION TO PROPOSED
HOUSING LEGISLATION SENATE BILLS 9 AND 10 AND
EXPRESSING SUPPORT FOR ACTION TO FURTHER STRENGTHEN
LOCAL DEMOCRACY, AUTHORITY AND CONTROL.
The City Council of the City of El Segundo does resolve as follows:
WHEREAS, the legislature of the State of California, has proposed a number of bills
addressing a range of housing issues;
WHEREAS, pending before the State legislature is Senate Bill 9 (Atkins), which if
enacted into law would require cities and counties, including charter cities, to provide for
the ministerial (`by right') approval of a housing development containing two residential
units (a duplex), and a parcel map dividing a lot in to two equal parts (`lot split'), for
residential use;
WHEREAS, SB 9, if enacted into law, would eliminate public hearings before the
Planning Commission and City Council and public notice of such projects, inasmuch as
the proposed projects would only require administrative review;
WHEREAS, SB 9 also proposes to provide ministerial approval of a parcel map (four or
less parcels) for a lot split, and thereby amend sections of the Subdivision Map Act by
extending from 12 to 24 months the additional time period of an approved or
conditionally approved Tentative Map;
WHEREAS, Senate Bill 10 (Weiner) would, notwithstanding any local resrictions on
adopting zoning ordinances, authorize a local government to pass an ordinance to zone
any parcel for up to 10 units of residential density per parcel and threatens to decimate
the City's single-family neighborhoods;
WHEREAS, SB 10 does not address some critical issues that have caused and
exacerbated the housing crisis, the state's 1995 Costa Hawkins law, which restricts the
ability of a local jurisdiction to expand affordability measures in rental units, and the
prevalence of privately -owned vacant lots and housing units;
WHEREAS, SB 10 projects have the potential to attract high -income people who do not
necessarily use public transportation into newer luxury buildings adjacent to transit,
bringing in more cars while providing insufficient parking;
WHEREAS, these bills usurp the authority of the City to determine for itself the land use
policies and practices that best suit the City and its residents and instead impose
mandates that do not take into account the needs and differences of jurisdictions
throughout the State, as well as imposing unfunded mandates on jurisdictions for
actions that are not in their best interests;
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WHEREAS, for example, the ability of the City to determine for itself which projects
require review beyond a ministerial approval, what parking requirements are appropriate
for various locales within their jurisdiction, what plans and programs are suitable and
practical for each community rather than having these decisions imposed upon the City
without regard to the City's circumstances is a matter of great importance to the City of
EI Segundo, and
WHEREAS, the City Council of the City of El Segundo feels strongly that our local
government is best able to assess the needs of our community and objects to the
proliferation of State legislation that deprives the City of that ability.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of El Segundo:
SECTION 1: The City Council hereby registers its strong opposition to the following bills
that usurp local control:
• SB 9 (Atkins) — Housing development: approvals
• SB 10 (Weiner) — Planning and zoning: housing development: density
The City Council hereby registers its equally strong opposition to the current practice of
the State legislature of proposing and passing multitudes of bills that directly impact and
interfere with the ability of Cities to control their own destiny through the use of the
zoning authority that has been granted to them; and
The City Council hereby declares that, should the State continue to pass legislation that
attacks local municipal authority, control and revenue, the City of El Segundo will
support actions such as a ballot measure that would limit the State ability to control local
activities and strengthen local democracy and authority.
SECTION 2: The City Clerk is directed to certify the adoption of this Resolution.
SECTION 3: This Resolution will become effective immediately upon adoption.
PASSED AND ADOPTED RESOLUTION No. 5247 this 2nd day of February,
2021.
ATTEST:
p£_ it Clem
Tra y �( er,
APPROVED AS TO FORM:
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Mark D. Hensley, it Attorney
Drew Boyle or
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CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO )
I, Tracy Weaver, City Clerk of the City of El Segundo, California, do hereby certify that
the whole number of members of the City Council of said City is five; that the foregoing
Resolution No. 5247 was duly passed, approved, and adopted by said City Council at a
regular meeting held on the 2nd day of February, 2021, approved and signed by the
Mayor, and attested to by the City Clerk, by the following vote:
AYES: Mayor Boyles, Mayor Pro Tern Pimentel, Council Member Pirsztuk,
Council Member Nicol and Council Member Giroux
NOES: None
ABSENT: None
ABSTAIN: None
WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this itv- day of March,
2021.
-: Trge
y 'ea r '��Ci y Clerk
of� City o I- gundo,
California
SENATE BILL No. 9
Introduced by Senators Atkins, Caballero, Rubio, and Wiener
(Coauthors: Senators Gonzalez and McGuire)
(Coauthor: Assembly Member Robert Rivas)
December 7, 2020
An act to amend Section 66452.6 of, and to add Sections 65852.21
and 66411.7 to, the Government Code, relating to land use.
LEGISLATIVE COUNSEL'S DIGEST
SB 9, as introduced, Atkins. Housing development: approvals.
The Planning and Zoning Law provides for the creation of accessory
dwelling units by local ordinance, or, if a local agency has not adopted
an ordinance, by ministerial approval, in accordance with specified
standards and conditions.
This bill, among other things, would require a proposed housing
development containing 2 residential units within a single-family
residential zone to be considered ministerially, without discretionary
review or hearing, if the proposed housing development meets certain
requirements, including, but not limited to, that the proposed housing
development would not require demolition or alteration of housing that
is subject to a recorded covenant, ordinance, or law that restricts rents
to levels affordable to persons and families of moderate, low, or very
low income, that the proposed housing development does not allow for
the demolition of more than 25% of the existing exterior structural
walls, except as provided, and that the development is not located within
a historic district, is not included on the State Historic Resources
Inventory, or is not within a site that is legally designated or listed as
a city or county landmark or historic property or district.
The bill would set forth what a local agency can and cannot require
in approving the construction of 2 residential units, including, but not
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limited to, authorizing a city or county to impose objective zoning
standards, objective subdivision standards, and objective design
standards, as defined, unless those standards would have the effect of
physically precluding the construction of up to 2 units, prohibiting the
imposition of setback requirements tinder certain circurnstances, and
setting maximuni, setback requirements tinder all other circumstances.
The Subdivision Map Act vests, the authority to regulate and control
the design and improvement of subdivisions in the legislative body of
a local agency and sets forth procedures governing the local agency's
processing, approval, conditional approval or disapproval, and filing
of tentative, final, and parcel maps, and the modification of those maps.
Under the Subdivision Map Act, an approved or conditionally approved
tentative map expires 24 months after its approval or conditional
approval or after any additional period of tirne as prescribed by local
ordinance, not to exceed an additional 12 months, except as provided.
This bill, among other things, would require a city or county to
ministerially approve a parcel map or tentative and final map for an
urban lot split that meets certain requirements, including, but not limited
to, that the urban lot split would not require the demolition or alteration
of housing that is subject to a recorded covenant, ordinance, or law that
restricts rents to levels affordable to persons and families of moderate,
low, or very low income, that the parcel is located within a residential
zone, and that the parcel is not located within a historic district, is not
included on the State Historic Resources Inventory, or is not within a
site that is legally designated or listed as a city or county landmark or
historic property or district.
The bill would set forth what a local agency can and cannot require
in approving an urban lot split, including, but not limited to, authorizing
a city or county to impose objective zoning standards, objective
subdivision standards, and objective design standards, as defined, unless
those standards would have the effect of physically precluding the
construction of 2 units on either of the resulting parcels, prohibiting the
imposition of setback requirements under certain circumstances, and
setting maximum setback requirements under all other circumstances.
The bill would also extend the limit on the additional period that may
be provided by ordinance, as described above, from 12 months to 24
months and would make other conforming or nonsubstantive changes.
The California Environmental Quality Act (CEQA) requires a lead
agency, as defined, to prepare, or cause to be prepared, and certify the
completion of, an environmental impact report on a project that it
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proposes to carry out or approve that may have a significant effect on
the environment. CEQA does not apply to the approval of ministerial
projects.
This bill, by establishing the ministerial review processes described
above, would thereby exempt the approval of projects subject to those
processes from CEQA.
The California Coastal Act of 1976 provides for the planning and
regulation of development, under a coastal development permit process,
within the coastal zone, as defined, that shall be based on various coastal
resources planning and management policies set forth in the act.
This bill would exempt a local government from being required to
hold public hearings for coastal development permit applications for
housing developments and urban lot splits pursuant to the above
provisions.
By increasing the duties of local agencies with respect to land use
regulations, the bill would impose a state -mandated local program.
The bill would include findings that changes proposed by this bill
address a matter of statewide concern rather than a municipal affair
and, therefore, apply to all cities, including charter cities.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act
for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State -mandated local program: yes.
The people of the State of California do enact as follows:
1 SECTION 1. Section 65852.21 is added to the Government
2 Code, to read:
3 65852.21. (a) A proposed housing development containing
4 two residential units within a single-family residential zone shall
5 be considered ministerially, without discretionary review or a
6 hearing, if the proposed housing development meets all of the
7 following requirements:
8 (1) The parcel subject to the proposed housing development is
9 located within a city the boundaries of which include some portion
10 of either an urbanized area or urban cluster, as designated by the
11 United States Census Bureau, or, for unincorporated areas, a legal
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1 parcel wholly within the boundaries of an urbanized area or urban
2 cluster, as designated by the United States Census Bureau.
3 (2) The parcel satisfies the requirements specified in
4 subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision
5 (a) of Section 65913.4.
6 (3) Notwithstanding any provision of this section or any local
7 law, the proposed housing development would not require
8 demolition or alteration of any of the following types of housing:
9 (A) Housing that is subject to a recorded covenant, ordinance,
10 or law that restricts rents to levels affordable to persons and
11 families of moderate, low, or very low income.
12 (B) Housing that is subject to any form of rent or price control
13 through a public entity's valid exercise of its police power.
14 (C) Housing that has been occupied by a tenant in the last three
15 years.
16 (4) The parcel subject to the proposed housing development is
17 not a parcel on which an owner of residential real property has
18 exercised the owner's rights under Chapter 12.75 (commencing
19 with Section 7060) of Division 7 of Title 1 to withdraw
20 accommodations from rent or lease within 15 years before the date
21 that the development proponent submits an application.
22 (5) The proposed housing development does not allow the
23 demolition of more than 25 percent of the existing exterior
24 structural walls, unless the housing development meets at least
25 one of the following conditions:
26 (A) If a local ordinance so allows.
27 (B) The site has not been occupied by a tenant in the last three
28 years.
29 (6) The development is not located within a historic district or
30 property included on the State Historic Resources Inventory, as
31 defined in Section 5020.1 of the Public Resources Code, or within
32 a site that is designated or listed as a city or county landmark or
33 historic property or district pursuant to a city or county ordinance.
34 (b) (1) Notwithstanding any local law and except as provided
35 in paragraph (2), a city or county may impose objective zoning
36 standards, objective subdivision standards, and objective design
37 review standards that do not conflict with this section.
38 (2) (A) The city or county shall not impose objective zoning
39 standards, objective subdivision standards, and objective design
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standards that would have the effect of physically precluding the
construction of up to two units.
(B) (i) Notwithstanding subparagraph (A), no setback shall be
required for an existing structure or a structure constructed in the
same location and to the same dimensions as an existing structure.
(ii) Notwithstanding subparagraph (A), in all other circumstances
not described in clause (i), a local government may require a
setback of up to four feet from the side and rear lot lines.
(c) In addition to any conditions established in accordance with
subdivision (b), a local agency may require any of the following
conditions when considering an application for two residential
units as provided for in this section:
(1) Off-street parking of up to one space per unit, except that a
local agency shall not impose parking requirements in either of
the following instances:
(A) The parcel is located within one-half mile walking distance
of either a high -quality transit corridor, as defined in subdivision
(b) of Section 21155 of the Public Resources Code, or a major
transit stop, as defined in Section 21064.3 of the Public Resources
Code.
(B) There is a car share vehicle located within one block of the
parcel.
(2) For residential units connected to an onsite wastewater
treatment system, a percolation test completed within the last five
years, or, if the percolation test has been recertified, within the last
10 years.
(d) A local agency shall require that a rental of any unit created
pursuant to this section be for a term longer than 30 days.
(e) Notwithstanding Section 65852.2, a local agency shall not
be required to permit an accessory dwelling unit on parcels that
use both the authority contained within this section and the
authority contained in Section 66411.7.
(f) Notwithstanding subparagraph (B) of paragraph (2) of
subdivision (b), an application shall not be rejected solely because
it proposes adjacent or connected structures provided that the
structures meet building code safety standards and are sufficient
to allow separate conveyance.
(g) Local agencies shall include units constructed pursuant to
this section in the annual housing element report as required by
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1 subparagraph (I) of paragraph (2) of subdivision (a) of Section
2 65400.
3 (h) For purposes of this section, all of the following apply:
4 (1) A housing development contains two residential units if the
5 development proposes two new units or if it proposes to add one
6 new unit to an existing unit.
7 (2) The terms "objective zoning standards," "objective
8 subdivision standards," and "objective design review standards"
9 mean standards that involve no personal or subjective judgment
10 by a public official and are uniformly verifiable by reference to
11 an external and uniform benchmark or criterion available and
12 knowable by both the development applicant or proponent and the
13 public official prior to submittal. These standards may be embodied
14 in alternative objective land use specifications adopted by a city
15 or county, and may include, but are not limited to, housing overlay
16 zones, specific plans, inclusionary zoning ordinances, and density
17 bonus ordinances.
18 (i) A local agency may adopt an ordinance to implement the
19 provisions of this section. An ordinance adopted to implement this
20 section shall not be considered a project under Division 13
21 (commencing with Section 21000) of the Public Resources Code.
22 0) Nothing in this section shall be construed to supersede or in
23 any way alter or lessen the effect or application of the California
24 Coastal Act of 1976 (Division 20 (commencing with Section
25 30000) of the Public Resources Code), except that the local
26 government shall not be required to hold public hearings for coastal
27 development permit applications for a housing development
28 pursuant to this section.
29 SEC. 2. Section 66411.7 is added to the Government Code, to
30 read:
31 66411.7. (a) Notwithstanding any other provision of this
32 division and any local law, a city or county shall ministerially
33 approve, as set forth in this section, a parcel map or tentative and
34 final map for an urban lot split that meets all the following
35 requirements:
36 (1) The parcel map or tentative and final map subdivides an
37 existing parcel to create two new parcels of equal size.
38 (2) (A) Except as provided in subparagraph (B), both newly
39 created parcels are no smaller than 1,200 square feet.
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(B) A local agency may by ordinance adopt a smaller minimum
lot size subject to ministerial approval under this subdivision.
(3) The parcel being subdivided meets all the following
requirements:
(A) The parcel is located within a residential zone.
(B) The parcel subject to the proposed urban lot split is located
within a city the boundaries of which include some portion of
either an urbanized area or urban cluster, as designated by the
United States Census Bureau, or, for unincorporated areas, a legal
parcel wholly within the boundaries of an urbanized area or urban
cluster, as designated by the United States Census Bureau.
(C) The parcel satisfies the requirements specified in
subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision
(a) of Section 65913.4.
(D) The proposed urban lot split would not require demolition
or alteration of any of the following types of housing:
(i) Housing that is subject to a recorded covenant, ordinance,
or law that restricts rents to levels affordable to persons and
families of moderate, low, or very low income.
(ii) Housing that is subject to any form of rent or price control
through a public entity's valid exercise of its police power.
(iii) A parcel or parcels on which an owner of residential real
property has exercised the owner's rights under Chapter 12.75
(commencing with Section 7060) of Division 7 of Title 1 to
withdraw accommodations from rent or lease within 15 years
before the date that the development proponent submits an
application.
(iv) Housing that has been occupied by a tenant in the last three
years.
(E) The parcel is not located within a historic district or property
included on the State Historic Resources Inventory, as defined in
Section 5020.1 of the Public Resources Code, or within a site that
is designated or listed as a city or county landmark or historic
property or district pursuant to a city or county ordinance.
(F) The parcel has not been established through prior exercise
of an urban lot split as provided for in this section.
(G) Neither the owner of the parcel being subdivided nor any
person acting in concert with the owner has previously subdivided
an adjacent parcel using an urban lot split as provided for in this
section.
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1 (b) An application for an urban lot split shall be approved in
2 accordance with the following requirements:
3 (1) A local agency shall approve or deny an application for an
4 urban lot split ministerially without discretionary review.
5 (2) A local agency shall approve an urban lot split only if it
6 conforms to all applicable objective requirements of the
7 Subdivision Map Act (Division 2 (commencing with Section
8 66410)), except as otherwise expressly provided in this section.
9 (3) Notwithstanding Section 66411.1, a local agency shall not
10 impose regulations that require dedications of rights -of -way or the
11 construction of offsite improvements for the parcels being created
12 as a condition of issuing a parcel map or tentative and final map
13 for an urban lot split.
14 (c) (1) Except as provided in paragraph (2), notwithstanding
15 any local law, a city or county may impose objective zoning
16 standards, objective subdivision standards, and objective design
17 review standards applicable to a parcel created by an urban lot
18 split that do not conflict with this section.
19 (2) A local agency shall not impose objective zoning standards,
20 objective subdivision standards, and objective design review
21 standards that would have the effect of physically precluding the
22 construction of two units on either of the resulting parcels.
23 (3) (A) Notwithstanding paragraph (2), no setback shall be
24 required for an existing structure or a structure constructed in the
25 same location and to the same dimensions as an existing structure.
26 (B) Notwithstanding paragraph (2), in all other circumstances
27 not described in subparagraph (A), a local government may require
28 a setback of up to four feet from the side and rear lot lines.
29 (d) In addition to any conditions established in accordance with
30 subdivision (c), a local agency may require any of the following
31 conditions when considering an application for an urban lot split:
32 (1) Easements required for the provision of public services and
33 facilities.
34 (2) A requirement that the parcels have access to, provide access
35 to, or adjoin the public right-of-way.
36 (3) Off-street parking of up to one space per unit, except that a
37 local agency shall not impose parking requirements in either of
38 the following instances:
39 (A) The parcel is located within one-half mile walking distance
40 of either a high -quality transit corridor as defined in subdivision
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(b) of Section 21155 of the Public Resources Code, or a major
transit stop as defined in Section 21064.3 of the Public Resources
Code.
(B) There is a car share vehicle located within one block of the
parcel.
(e) A local agency shall require that the uses allowed on a lot
created by this section be limited to residential uses.
(f) A local agency shall require that a rental of any unit created
pursuant to this section be for a term longer than 30 days.
(g) A local agency shall not require, as a condition for ministerial
approval of a permit application Ibr the creation of an urban tot
split, the correction of nonconforming zoning conditions,
(h) Notwithstanding Section 65852.2, a local agency shall not
be required to permit an accessory dwelling unit on parcels that
use both the authority contained within this section and the
authority contained in Section 65852.21.
(i) Notwithstanding paragraph (3) of subdivision (c), an
application shall not be rejected solely because it proposes adjacent
or connected structures provided that the structures meet building
code safety standards and are sufficient to allow separate
conveyance.
0) Local agencies shall include the number of applications for
urban lot splits pursuant to this, section in the annual housing
element report as required by subparagraph (1) of paragraph (2)
of subdivision (a) of Section 65400.
(k) For purposes of this section, the terms "objective zoning
standards," "objective subdivision standards," and "objective
design review standards" mean standards that involve no personal
or subjective Judgment by a public official and are uniformly
verifiable by reference to an external and uniform benchmark or
criterion available and knowable by both the development applicant
or proponent and the public official prior to submittal. These
standards may be embodied in alternative objective land use
specifications adopted by a city or county, and may include, but
are not limited to, housing overlay zones, specific plans,
inclusionary zoning ordinances, and density bonus ordinances.
(0 A local agency may adopt an ordinance to implement the
provisions of this section. An ordinance adopted to implement this
section shall not be considered a project under Division 13
(commencing with Section 21000) of the Public Resources Code.
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1 (m) Nothing in this section shall be construed to supersede or
2 in any way alter or lessen the effect or application of the California
3 Coastal Act of 1976 (Division 20 (commencing with Section
4 30000) of the Public Resources Code), except that the local
5 government shall not be required to hold public hearings for coastal
6 development permit applications for urban lot splits pursuant to
7 this section.
8 SEC. 3. Section 66452.6 of the Government Code is amended
9 to read:
10 66452.6. (a) (1) An approved or conditionally approved
11 tentative map shall expire 24 months after its approval or
12 conditional approval, or after any additional period of time as may
13 be prescribed by local ordinance, not to exceed an additional-+2
14 24 months. However, if the subdivider is required to expend two
15 hundred thirty-six thousand seven hundred ninety dollars
16 ($236,790) or more to construct, improve, or finance the
17 construction or improvement of public improvements outside the
18 property boundaries of the tentative map, excluding improvements
19 of public rights-of-way-wkieh that abut the boundary of the
20 property to be subdivided and --� that are reasonably related
21 to the development of that property, each filing of a final map
22 authorized by Section 66456.1 shall extend the expiration of the
23 approved or conditionally approved tentative map by36 48 months
24 from the date of its expiration, as provided in this section, or the
25 date of the previously filed final map, whichever is later. The
26 extensions shall not extend the tentative map more than 10 years
27 from its approval or conditional approval. However, a tentative
28 map on property subject to a development agreement authorized
29 by Article 2.5 (commencing with Section 65864) of Chapter 4 of
30 Division 1 may be extended for the period of time provided for in
31 the agreement, but not beyond the duration of the agreement. The
32 number of phased final maps that may be filed shall be determined
33 by the advisory agency at the time of the approval or conditional
34 approval of the tentative map.
35 (2) Commencing January 1, 2012, and each calendar year
36 thereafter, the amount of two hundred thirty-six thousand seven
37 hundred ninety dollars ($236,790) shall be annually increased by
38 operation of law according to the adjustment for inflation set forth
39 in the statewide cost index for class B construction, as determined
40 by the State Allocation Board at its January meeting. The effective
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date of each annual adjustment shall be March 1. The adjusted
amount shall apply to tentative and vesting tentative maps whose
applications were received after the effective date of the
adjustment.
(3) "Public improvements," as used in this subdivision, include
traffic controls, streets, roads, highways, freeways, bridges,
overcrossings, street interchanges, flood control or storm drain
facilities, sewer facilities, water facilities, and lighting facilities.
(b) (1) The period of time specified in subdivision (a), including
any extension thereof granted pursuant to subdivision (e), shall
not include any period of time during which a development
moratorium, imposed after approval of the tentative map, is in
existence. However, the length of the moratorium shall not exceed
five years.
(2) The length of time specified in paragraph (1) shall be
extended for up to three years, but in no event beyond January 1,
1992, during the pendency of any lawsuit in which the subdivider
asserts, and the local agency-whieh that approved or conditionally
approved the tentative map denies, the existence or application of
a development moratorium to the tentative map.
(3) Once a development moratorium is terminated, the map
shall be valid for the same period of time as was left to run on the
map at the time that the moratorium was imposed. However, if the
remaining time is less than 120 days, the map shall be valid for
120 days following the termination of the moratorium.
(c) The period of time specified in subdivision (a), including
any extension thereof granted pursuant to subdivision (e), shall
not include the period of time during which a lawsuit involving
the approval or conditional approval of the tentative map is or was
pending in a court of competent jurisdiction, if the stay of the time
period is approved by the local agency pursuant to this section.
After service of the initial petition or complaint in the lawsuit upon
the local agency, the subdivider may apply to the local agency for
a stay pursuant to the local agency's adopted procedures. Within
40 days after receiving the application, the local agency shall either
stay the time period for up to five years or deny the requested stay.
The local agency may, by ordinance, establish procedures for
reviewing the requests, including, but not limited to, notice and
hearing requirements, appeal procedures, and other administrative
requirements.
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1 (d) The expiration of the approved or conditionally approved
2 tentative map shall terminate all proceedings and no final map or
3 parcel map of all or any portion of the real property included within
4 the tentative map shall be filed with the legislative body without
5 first processing a new tentative map. Once a timely filing is made,
6 subsequent actions of the local agency, including, but not limited
7 to, processing, approving, and recording, may lawfully occur after
8 the date of expiration of the tentative map. Delivery to the county
9 surveyor or city engineer shall be deemed a timely filing for
10 purposes of this section.
11 (e) Upon application of the subdivider filed prior to before the
12 expiration of the approved or conditionally approved tentative
13 map, the time at which the map expires pursuant to subdivision
14 (a) may be extended by the legislative body or by an advisory
15 agency authorized to approve or conditionally approve tentative
16 maps for a period or periods not exceeding a total of six years. The
17 period of extension specified in this subdivision shall be in addition
18 to the period of time provided by subdivision (a). Prior to Before
19 the expiration of an approved or conditionally approved tentative
20 map, upon an application by the subdivider to extend that map,
21 the map shall automatically be extended for 60 days or until the
22 application for the extension is approved, conditionally approved,
23 or denied, whichever occurs first. If the advisory agency denies a
24 subdivider's application for an extension, the subdivider may
25 appeal to the legislative body within 15 days after the advisory
26 agency has denied the extension.
27 (f) For purposes of this section, a development moratorium
28 includes a water or sewer moratorium, or a water and sewer
29 moratorium, as well as other actions of public agencies -_� that
30 regulate land use, development, or the provision of services to the
31 land, including the public agency with the authority to approve or
32 conditionally approve the tentative map, which thereafter prevents,
33 prohibits, or delays the approval of a final or parcel map. A
34 development moratorium shall also be deemed to exist for purposes
35 of this section for any period of time during which a condition
36 imposed by the city or county could not be satisfied because of
37 either of the following:
38 (1) The condition was one that, by its nature, necessitated action
39 by the city or county, and the city or county either did not take the
40 necessary action or by its own action or inaction was prevented or
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delayed in taking the necessary action -prier -to before expiration
of the tentative map.
(2) The condition necessitates acquisition of real property or
any interest in real property from a public agency, other than the
city or county that approved or conditionally approved the tentative
map, and that other public agency fails or refuses to convey the
property interest necessary to satisfy the condition. However,
nothing in this subdivision shall be construed to require any public
agency to convey any interest in real property owned by it. A
development moratorium specified in this paragraph shall be
deemed to have been imposed either on the date of approval or
conditional approval of the tentative map, if evidence was included
in the public record that the public agency-w h that owns or
controls the real property or any interest therein may refuse to
convey that property or interest, or on the date that the public
agency whie i that owns or controls the real property or any interest
therein receives an offer by the subdivider to purchase that property
or interest for fair market value, whichever is later. A development
moratorium specified in this paragraph shall extend the tentative
map up to the maximum period as set forth in subdivision (b), but
not later than January 1, 1992, so long as the public agency-whieh
that owns or controls the real property or any interest therein fails
or refuses to convey the necessary property interest, regardless of
the reason for the failure or refusal, except that the development
moratorium shall be deemed to terminate 60 days after the public
agency has officially made, and communicated to the subdivider,
a written offer or commitment binding on the agency to convey
the necessary property interest for a fair market value, paid in a
reasonable time and manner.
SEC. 4. The Legislature finds and declares that ensuring access
to affordable housing is a matter of statewide concern and not a
municipal affair as that term is used in Section 5 of Article XI of
the California Constitution. Therefore, Sections 1 and 2 of this act
adding Sections 65852.21 and 66411.7 to the Government Code
and Section 3 of this act amending Section 66452.6 of the
Government Code apply to all cities, including charter cities.
SEC. 5. No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because
a local agency or school district has the authority to levy service
charges, fees, or assessments sufficient to pay for the program or
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level of service mandated by this act, within the meaning of Section
17556 of the Government Code.
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SENATE BILL No. 10
Introduced by Senator Wiener
(Principal coauthors: Senators Atkins and Caballero)
(Principal coauthor: Assembly Member Robert Rivas)
December 7, 2020
An act to add Section 65913.5 to the Government Code, relating to
land use.
LEGISLATIVE COUNSEL'S DIGEST
SB 10, as introduced, Wiener. Planning and zoning: housing
development: density.
The Planning and Zoning Law requires a city or county to adopt a
general plan for land use development within its boundaries that
includes, among other things, a housing element. Existing law requires
an attached housing development to be a permitted use, not subject to
a conditional use permit, on any parcel zoned for multifamily housing
if at least certain percentages of the units are available at affordable
housing costs to very low income, lower income, and moderate -income
households for at least 30 years and if the project meets specified
conditions relating to location and being subject to a discretionary
decision other than a conditional use permit. Existing law provides for
various incentives intended to facilitate and expedite the construction
of affordable housing.
This bill would, notwithstanding any local restrictions on adopting
zoning ordinances, authorize 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 in the ordinance, if the parcel is located in a
transit -rich area, a jobs -rich area, or an urban infill site, as those terms
are defined. In this regard, the bill would require the Department of
Housing and Community Development, in consultation with the Office
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of Planning and Research, to determine jobs -rich areas and publish a
map of those areas every 5 years, commencing January 1, 2022, based
on specified criteria. The bill would specify that an ordinance adopted
under these provisions is not a project for purposes of the California
Environmental Quality Act. The bill would prohibit a residential or
mixed -use residential project consisting of 10 or more units that is
located on a parcel rezoned pursuant to these provisions from being
approved ministerially or by right.
This bill would include findings that changes proposed by this bill
address a matter of statewide concern rather than a municipal affair
and, therefore, apply to all cities, including charter cities.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State -mandated local program: no.
The people of the State of California do enact as follows:
1 SECTION 1. Section 65913.5 is added to the Government
2 Code, to read:
3 65913.5. (a) (1) Notwithstanding any local restrictions on
4 adopting zoning ordinances enacted by the jurisdiction, including
5 restrictions enacted by a local voter initiative, that limit the
6 legislative body's ability to adopt zoning ordinances, a local
7 government may pass an ordinance to zone a parcel for up to 10
8 units of residential density per parcel, at a height specified by the
9 local government in the ordinance, if the parcel is located in one
10 of the following:
11 (A) A transit -rich area.
12 (B) A jobs -rich area.
13 (C) An urban infill site.
14 (2) An ordinance adopted in accordance with this subdivision
15 shall not constitute a "project" for purposes of Division 13
16 (commencing with Section 21000) of the Public Resources Code.
17 (3) Paragraph (1) shall not apply to parcels located within a very
18 high fire hazard severity zone, as determined by the Department
19 of Forestry and Fire Protection pursuant to Section 51178, or within
20 a high or very high fire hazard severity zone as indicated on maps
21 adopted by the Department of Forestry and Fire Protection pursuant
22 to Section 4202 of the Public Resources Code. This paragraph
23 does not apply to parcels excluded from the specified hazard zones
24 by a local agency pursuant to subdivision (b) of Section 51179, or
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sites that have adopted fire hazard mitigation measures pursuant
to existing building standards or state fire mitigation measures
applicable to the development.
(b) (1) Notwithstanding any other law, a residential or
mixed -use residential project consisting of more than 10 new
residential units on one or more parcels that have been zoned to
permit residential development pursuant to this section shall not
be approved ministerially or by right, and shall not be exempt from
Division 13 (commencing with Section 21000) of the Public
Resources Code.
(2) Paragraph (1) shall not apply to a project to create no more
than two accessory dwelling units and no more than two junior
accessory dwelling units per parcel pursuant to Sections 65852.2
and 65852.22 of the Government Code.
(3) A project may not be divided into smaller projects in order
to exclude the project from the prohibition in this subdivision.
(c) For purposes of this section:
(1) "High -quality bus corridor" means a corridor with fixed
route bus service that meets all of the following criteria:
(A) It has average service intervals of no more than 15 minutes
during the three peak hours between 6 a.m. to 10 a.m., inclusive,
and the three peak hours between 3 p.m. and 7 p.m., inclusive, on
Monday through Friday.
(B) It has average service intervals of no more than 20 minutes
during the hours of 6 a.m. to 10 a.m., inclusive, on Monday through
Friday.
(C) It has average intervals of no more than 30 minutes during
the hours of 8 a.m. to 10 p.m., inclusive, on Saturday and Sunday.
(2) (A) "Jobs -rich area" means an area identified by the
Department of Housing and Community Development in
consultation with the Office of Planning and Research that is high
opportunity and either is jobs rich or would enable shorter commute
distances based on whether, in a regional analysis, the tract meets
both of the following:
(i) The tract is high opportunity, meaning its characteristics are
associated with positive educational and economic outcomes for
households of all income levels residing in the tract.
(ii) The tract meets either of the following criteria:
(I) New housing sited in the tract would enable residents to live
near more jobs than is typical for tracts in the region.
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(II) New housing sited in the tract would enable shorter commute
distances for residents, relative to existing commute patterns and
jobs -housing fit.
(B) The Department of Housing and Community Development
shall, commencing on January 1, 2022, publish and update, every
five years thereafter, a map of the state showing the areas identified
by the department as "jobs -rich areas."
(3) "Transit -rich area" means a parcel within one-half mile of
a major transit stop, as defined in Section 21064.3 of the Public
Resources Code, or a parcel on a high -quality bus corridor.
(4) "Urban infill site" means a site that satisfies all of the
following:
(A) A site that is a legal parcel or parcels located in a city if,
and only if, the city boundaries include some portion of either an
urbanized area or urban cluster, as designated by the United States
Census Bureau, or, for unincorporated areas, a legal parcel or
parcels wholly within the boundaries of an urbanized area or urban
cluster, as designated by the United States Census Bureau.
(B) A site in which at least 75 percent of the perimeter of the
site adjoins parcels that are developed with urban uses. For the
purposes of this section, parcels that are only separated by a street
or highway shall be considered to be adjoined.
(C) A site that is zoned for residential use or residential
mixed -use development, or has a general plan designation that
allows residential use or a mix of residential and nonresidential
uses, with at least two-thirds of the square footage of the
development designated for residential use.
(d) The Legislature finds and declares that ensuring the adequate
production of affordable housing is a matter of statewide concern
and is not a municipal affair as that term is used in Section 5 of
Article XI of the California Constitution. Therefore, this section
applies to all cities, including charter cities.
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