(copy and paste links into your browser. If you have any questions or difficulty accessing any of these ltems, please email plancheckncla@gmail.com

CF 21-1414: Ordinance establishing basic precepts applicable to all SB 9 projects.  Instructs DCP, LADBS with assistance from the City Attorney and members of the subdivision committee, to prepare a memorandum that shall be used by all Depts. and agencies until such time as a local implementation ordinance establishing basic precepts applicable to all SB 9 projects is adopted.  

This measure seeks to adopt temporary measures to implement SB9 in LA.  Without passage, the State law will be in force without any tailoring to LA’s neighborhoods. PLUM waived consideration 2/3.  Scheduled to be heard in Council 2/8/22.  #35.  Adopted with an amendment related to timing for reporting back.  11 CIS statements have been filed.  The motion can be found at:  https://clkrep.lacity.org/onlinedocs/2021/21-1414_mot_12-01-21.pdf

The  CF can be found at:  https://cityclerk.lacity.org/lacityclerkconnect/index.cfm?fa=ccfi.viewrecord&cfnumber=21-1414     

The intent of the motion seems to have been ignored with the DCP’s issuance of a Memorandum to guide SB 9 implementation issued 2/11.  The memorandum can be read at:  https://files.constantcontact.com/17b75751701/349899ca-0c58-4a93-ad38-c39a04268679.pdf

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Council File: 21-1045:      Martinez re: SB 9 Implementation – This measure contains a number of provisions and also requests a report back as to how to relax parking standards for SB 9 programs not in proximity to high quality transit. To be heard in Council 2/8 # 34.  Passed

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Council File 17-0981 Restaurant Beverage Program (RBP) – Proposed ordinance would create two administrative clearance processes for sit-down restaurants to serve alcohol without a Conditional Use Permit (CUP) if they meet more than 50 eligibility criteria, performance standards, and enforcement procedures.  To be heard in Council 2/9/22, 10 am.  Public Hearing notice:    https://clkrep.lacity.org/onlinedocs/2017/17-0981_misc_PUB_01-26-22.pdf  ADOPTED.

For more info, contact: Roberto.luna@lacity.org.  Council file at:  https://cityclerk.lacity.org/lacityclerkconnect/index.cfm?fa=ccfi.viewrecord&cfnumber=17-0981

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Council File 22-0002-S6 Dept. of City Planning /State Legislative Program.  See Chief Legislative Analyst Rept: 21-11-0869 sent to Rules, Elections, and Intergovernmental Relations Committee 1/14.  (http://clkrep.lacity.org/onlinedocs/2022/22-0002-s6_rpt_cla_01-13-22.pdf)

Rules, Elections, and Intergovernmental Relations Committee scheduled item for committee meeting on February 16, 2022.

NOTE:  CLA Recommendation 2 that supports legislation or administrative action that locks (vests) land use policies, standards or requirements to a date certain for bus transit service intervals to determine whether a development project meets the definition of a ‘Major Transit Stop;’ ‘Transit Priority Area’; or ‘High Quality Transit Area/Corridor’, inasmuch as transit service can change during the land use development project review process.

Item 3 supports legislation or administrative action that would exempt from CEQA review  100% affordable housing (similar to AB 1197), for permanent supportive housing, and update AB 1763 to expand the allowable areas where density bonus incentives can be utilized.  (WHERE?)

Item 4 would limit the imposition of new design guidelines in enhancements of SB 330 that potentially impacts the ability to adopt new local historic preservation districts, and the updating of existing historic preservation guidelines.  Ensure that local governments can establish new development standards (e.g. building form) in single family zones that do not have an impact on  housing density, inasmuch as SB 330 places a moratorium on ‘down-zoning’ parcels – reducing the number of units that can be built on a parcel until Jan. 1, 2025.  Also:   clarification that the five public hearings limitation for a development project are not inclusive of appeal hearings; and clarification whether single family homes demolished due to the construction of a new housing development is captured under the definition of ‘protected units,’ inasmuch as SB 330 prohibits cities and counties from approving housing development projects that require the demolition of residential dwellings unless the development project replaces every demolished dwelling unit at a one to one ratio.

Item 5 seeks to support legislation or administrative action that provides clarifications and enhancements to existing State emergency homeless shelter regulations enacted in 2017 by AB 932 and AB 1197 in 2019, to allow emergency homeless shelters in the city even if a shelter crisis declaration is no longer in effect, and extaend these provisions to apply to emergency shelters on land owned or leased by any public agency/non-profit, charitable or faith-based institutions; and expand areas where they may be established by clarifying the definition of ‘qualified urban use’ to add public parks and parking lots.

Proposed recommendations  include:

CEQA exemption for 100 % affordable housing, similar to permanent supportive housing, and update to the State’s definition of Specific Plan to correspond to the broader definition of local government Planning agencies.

Locking land use provisions to a date certain, or in land use planning parlance, ‘vesting’ standard requirements, for bus transit service intervals.

Support a CEQA exemption for local density bonus ordinances that are either consistent with and expand upon State density bonus law to require higher affordability levels; and that would amend State law by streamlining the CEQA review process of HOUSING ELEMENT implementation projects, and thereby, enable the city to meet its RHNA housing goals.  

Housing Crisis Act of 2019 (SB 330) and historic preservation; development standards and clarifications.

Claraifications and enhancements to existing State emergency homeless shelter regulations.

Provide for the continued option of conducting public meetings via teleconference, beyond the period of a declared emergency, through amendments to the Brown; Act, to allow for broader public access to local government meetings.  (Having teleconference / zoom/ phone access if good ONLY IF THE PUBLIC SEEKING TO PARTICIPATE GET ACKNOWLEDGED TO SPEAK!)

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CF 21-0979 STAP PROGRAM / Public Toilets   – To be heard in Council Public Works Committee 2/9/22

BSS has submitted a report to the Public Works Committee with recommendations relative to the public toilet replacement plan.  The report can be found at:  https://clkrep.lacity.org/onlinedocs/2021/21-0979_rpt_BSS_2-2-22.pdf and outlines their transition plan to provide 14 Automatic Public Toilets to the public without interruption of service while the new STAP program transition is underway.

(The reported cost of operating one automated public toilet is approximately $225,000/year!)  Discussions pertaining to the public toilet program raise the issue that the City needs to explore a more comprehensive public toilet program and that piecemealing it with this small program in a rush to allow StreetsLA to implement its new street furniture / STAP program, is bad planning.  Public Works Committee accepted the Staff report/recommendations.  No competitive bidding required on the awarding of a contract for the 14 replacement toilets.  Staff wishes to commission 7 public toilets from one company and 7 from a second company.

Re STAP— StreetsLA/Public Works was not able to get the STAP program approved prior to year end and has exercised their option to extend /renew the current program for a year.  StreetsLA staff have told the Council Public Works Committee that they need just a couple of months to wrap things up and to answer concerns raised in response to the Mitigated Negative Declaration issued in support of the program.  How can they answer all the comments challenging their mitigated negative declaration when an EIR should be done?  

Public Works ran into a snag with the Council’s Public Works Committee who didn’t seem concerned about digital sign dangers but did respond to concerns voiced from homeless advocates about the proposed temporary six month public toilet transition plan that would have resulted in lesser quality toilets out on the streets in a transition period at a significant $$$ cost (over $2 million for 6 months).  Staff were instructed to develop a better transition plan and this is the second reason as to why the current contract with DeCaux was extended.  (There was a provision in the current contract that allowed for a one-year extension with having to seek Council involvement/approval.)

The new STAP program RFP did not require the public toilets to be part of the program (possibly because the favored vendor does not have that capability).  How was this decided and why?  Therefore the cost and responsibility for providing public toilets is being transferred over to the City.  (Was the cost for that calculated when evaluating the expected revenues from the new STAP program?)

The City’s efforts to rush approval of the new street services program without addressing concerns raised with the MND and with the lack of planning to replace the public toilets now part of the current program demonstrate a flawed process.  

Of even greater concern is the fact that Streets LA used the MND to try to sneak through very troubling additions to STAP that had never been presented as part of the program in any of their public outreach meetings:  a change in the LAMC to allow advertising structures in the public right of way (beyond the current code that specifically allows transit shelters to be permitted to have advertising on the PROW).  The introduction of hundreds of additional advertising structures is mentioned in the MND and presented without defining what those might be or where they might be placed.  How could we have submitted comments to the MND on the impacts of such a vaguely described set of additions….and why did they try to sneak them in in this manner? 

And, why have all comments related to driver distraction from digital/changing messaging been ignored  when they endanger street users and especially pedestrians and bike riders who are the most vulnerable street users?

RELATED MEASURE:  Council File 20-1536 / STAP Program  — Definition of outdoor advertising structure.  Referred to Public Works Committee. Scheduled for 12/8 but continued to a date to be determined.  RE:  City Attorney report R21-0343 dated 11/16/21 relative to a draft Ordinance amending the LAMC to clarify the definition of outdoor advertising structure, and to exempt certain approved structures from the prohibition of outdoor advertising structures in the public right-of-way.

The description above is misleading as the City Attorney’s report and draft LAMC is written to PERMIT advertising structures on the public right-of-way (not to exempt certain structures).  It opens up the public right-of-way to having advertising structure.  Ads are now only permitted on transit shelters and bus benches.

File at:  https://cityclerk.lacity.org/lacityclerkconnect/index.cfm?fa=ccfi.viewrecord&cfnumber=20-1536

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Council File 15-0103-S4 Health and Wellness Element / Comprehensive Review and Update / Environmental Justice Element (Raman-Price-Bonin-Martinez) Scheduled 1/28 to be heard at PLUM 2/1/22.  Approved 2/1.  City Clerk scheduled item for Council on February 16, 2022.  A new online document has been added to the file:  Report from the PLUM Committee dated 1/2/22.

Motion relative to instructing the Planning Dept. to report to the Council within 90 days following the adoption of the 2021-2029 Housing Element with a detailed work plan and timeline for a comprehensive review and update to the Health and Wellness Element, and/or the General Plan Framework Element, and /or the creation of a standalone Environmental Justice Element, to guide the City’s climate, land use, and housing policies alongside the citywide rezoning program; this work plan should include funding, staff and resources required to carry out this critical task; and, the report should include an evaluation of Chapter 8 Implementation Programs of the Plan for a Health Los Angeles, also known as the Health and Wellness Element, that identifies the barriers, challenges, and opportunities for successful implementation; identify impacted and disadvantaged communities using CalEnviroScreen and other demographic data highlighting housing insecurity and climate displacement risk, proximity to freeways and noxious land uses, formerly redlined areas and current high opportunity and high poverty areas, and other important population characteristics that capture environmental racism; develop a strategy for thorough public outreach and community engagement, especially to marginalized, historically underserved, and disadvantaged communities; establish and convene an Environmental Justice Working Group composed of resident leaders and community organizations representing impacted communities, subject area experts, and City staff from relevant City departments to co-develop targeted environmental justice priorities, policy recommendations, and solutions-oriented implementation actions; detail a process to conduct a climate change vulnerability assessment in order to guide priorities in climate adaptation, emergency and safety preparedness, risk management, and community resilience; and, include a plan for regular maintenance and updates to the City’s General Plan  to ensure that it exceeds state standards, exemplifies best practices in environmental justice planning, and maintains active stakeholder involvement.

Council File at:  https://cityclerk.lacity.org/lacityclerkconnect/index.cfm?fa=ccfi.viewrecord&cfnumber=15-0103-S4

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Council File 14-1635-S10 Short-Term Rentals / Unpermitted / Non-Compliant Properties / Enforcement at PLUM 2/1. Approved at PLUM and transmitted to Housing Committee.  Relative to instructing the Planning Dept. with assistance from HCID, LADBS, LAPD, City Attorney’s Office, Office of Finance, and any other City depts, as needed, to report to Council within 90 days with an analysis that considers the recommendations for how the City can address, among other issues that may emerge in the report-back process, non-compliant hosts renting out properties listed as a primary residence in which they do not live, the conversion of critical affordable housing stock such as rent-stabilized units and covenanted affordable housing units into short-term rentals, the conversion of multifamily residential structures to short-term rentals, short-term rentals engaging in a commercial uses/activities, and properties being rented for longer periods of time than is permitted; enforcement mechanisms that could be implemented in the City, such as escalating citations and fines, license revocations, and criminal penalties; the home sharing regulatory and enforcement models of other cities, including but not limited to, Austin, New Orleans, and San Francisco, nationally, and Lisbon, Portugal, Toronto, Canada, and Berlin, Germany, internationally; strategies for ensuring that all home-sharing platforms operating within the City enter into platform agreements requiring the sharing of data with the City; strategies for implementing and/or improving real-time data collection; trend monitoring, address identification, compliance monitoring, monthly status reports, and the processing of violations by City departments and complaints by residents; and the hiring of additional staff or the creation of a dedicated unit, office, or department that would consolidate the various aspects of home sharing compliance and enforcement in one multidisciplinary team; and, instructing the DCP, working with LADBS, Information Technology Agency, and any other relevant City depts, to report to the Council within 90 days with a plan for the creation of a centralized, digital database or platform that is updated on a continual basis to better coordinate data tracking of non-compliant properties for monitoring and enforcement purposes; and, to ensure, within 90 days, that the public would be able to view on an existing or new publicly accessible online database or platform, whether any property in the City has a Home-Sharing License.  (Also referred to Housing Committee

File at:  https://cityclerk.lacity.org/lacityclerkconnect/index.cfm?fa=ccfi.viewrecord&cfnumber=14-1635-S10

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Council File 17-0981 Restaurant Beverage Program – Alcohol Sensitive Use Zone-    

Referred to PLUM and Economic Development and Jobs Committee 1/14/22.  PLUM approved as amended 1/18. Economic Development & Jobs Committee waived consideration.  Scheduled for Council on 2/9/22.  City Attorney Report R22-0011, dated 1/14/22 relative to a draft Ordiannce amending Sections of the LAMC to create a Restaurant Beverage Program and the Restaurant Beverage Program – Alcohol Sensitive Use Zone.  

File at:  https://cityclerk.lacity.org/lacityclerkconnect/index.cfm?fa=ccfi.viewrecord&cfnumber=17-0981

Council File 22-0038:  (Martinez-DeLeon) Low and Moderate Income Homebuyers / First Time Homebuyer Program / Increase Loans.  Request report back for resources to assist first time home buyers.  Pending in Housing Committee to be heard 2/9.

Motion at: http://clkrep.lacity.org/onlinedocs/2022/22-0038_mot_01-11-22.pdf

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Council File 22-0040  Community Land Trust (CLT) / Low Income Residents / ADU Program / Financial Incentives / SB 9.  Report back on program to help low-income residents and community land trusts with financial incentives to construct ADU’s. To be heard in Housing Committee 2/9/22.

Motion at:  http://clkrep.lacity.org/onlinedocs/2022/22-0040_misc_1-11-22.pdf

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Council File 22-0043   Converting lots into affordable housing, open space, retail, and other community serving uses. (Martinez-Raman-Krekorian) Referred to Transportation Committee 1/11.  Approved by Transp. Committee 1/18.  Approved by Council 2/2.  Instructs DOTwith assistance from Planning Dept. to report on how many city owned parking spaces are needed in Van Nuys, and a plan and process for converting lots into affordable housing, open space, retail, and other community serving uses.  File at:  

https://cityclerk.lacity.org/lacityclerkconnect/index.cfm?fa=ccfi.viewrecord&cfnumber=22-0043

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Council File 21-1071 Coastal Equity and Environmental Justice Policy / Discriminatory Land Use Policies / Equitable and Fair Housing Practices / Coastal Development Permit / CA Coastal Act of 1976 / AB 2616 (Burke) / Accessible Coastal Zone  (Bonin—Rodriguez)  At PLUM 1/18.  Approved at PLUM 1/18 with two added recommendations related to applying for an application for the Local Coastal Program, Local Assistance Grant Program from the A Coastal Commission.   Heard in Council 1/26 and approved.  Relative to directing the Planning Dept. in coordination with DCP’s Office of Racial Justice, Equity and Transformative Planning, to report to the Council within 60 days with a work program to develop a Coastal Equity and Environmental Justice Policy that will inform future land use policy, promote greater public participation and engagement with underrepresented and/or underserved communities, and be reflected in project determinations in the Coastal Zone; directing the DCP, with assistance from the LA Housing Dept. (LAHD) and other relevant agencies, to report to the Council with a detailed analysis within 60 days on topics related to housing equity and access in the Coastal Zone; including, but not limited to: historic housing and demographic trends, displacement and gentrification effects on historically marginalized populations, the impact of new development and housing typologies on available market rate and affordable housing stock, and the cumulative impacts of historic downzoning and land use policy on housing capacity; and, instructing the DCP, with assistance from LAHD and other relevant agencies, to develop and present Environmental Justic policy and program recommendations as part of the upcoming Venice Local Coastal Program, Venice Community Plan, and the “Plan for a Health Los Angeles” updates.  File at:  https://cityclerk.lacity.org/lacityclerkconnect/index.cfm?fa=ccfi.viewrecord&cfnumber=21-1071

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Council File 21-1216 Tax increment financing / Affordable Housing / Housig Covenants / Social Vulnerability Index.  Use of TIP as an alternative funding tool for redevelopment, infrastructure and other improvements. Can be used to fund development of affordable housing or residential improvements.  TIF districts can be created to capture TIF revenue associated with those land price increases that can be used to build or preserve affordable homes near public transit.  Can be used to preserve and  protect affordable housing citywide, including geographies that are not “high resource areas.”    Housing Committee to hear on 2/9/22.   File is at:  https://cityclerk.lacity.org/lacityclerkconnect/index.cfm?fa=ccfi.viewrecord&cfnumber=21-1216

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Council File 21-0716:  Request review of effectiveness of tenant anti-harassment programs.  To be heard in Housing Committee 2/9/22.  Council File is at:  https://cityclerk.lacity.org/lacityclerkconnect/index.cfm?fa=ccfi.viewrecord&cfnumber=21-0716

Instruct the Housing and Community Investment Department (HCID), with the assistance of the Chief Administrative Officer (CAO), the Chief Legislative Analyst (CLA), and the City Attorney, to report back after the Tenant Anti-Harassment Ordinance has been in effect for June 23,2022 with data and metrics the Council may utilize to assess the effectiveness of the Ordinance. The report should include, among any other relevant factors:
* The number of cases filed by private attorneys that include the Ordinance as a cause of action.  The number of criminal cases filed by the City Attorney related to to the Ordinance;  The number of cases brought under the Ordinance in which judges have awarded attorneys’ fees to prevailing tenants; The number of complaints made to HCID regarding landlord harassment (via phone calls, online forms, or any other intake mechanism); and The demographics (including race, age, sexual orientation, gender identity, income level, disability status, family status, and membership in other relevant protected classes) of tenants who lodge complaints with HCID regarding landlord harassment and tenants who file cases under die Ordinance.

I FURTHER MOVE that the City Council instruct the CLA, with the assistance of HCID, to report back concurrently to Council with a comparative analysis of other California cities’ protocols and programs for enforcing tenant anti-harassment ordinances. This analysis should  include a review of enforcement programs in San Francisco and Santa Monica, among any other relevant comparator cities.
I FURTHER MOVE that the City Council instruct HCID and the City Attorney, with the assistance of the CAO, building upon the December 2018 HCID report, to report back concurrently on a recommended tenant anti-harassment program for the City of Los Angeles, including the resources necessary to create permanent City staff positions to monitor and enforce the Tenant Anti-Harassment Ordinance.

Council File 21-1385 On-Site Posting /l Mailing Notices / Effective Stakeholder Notification / Discretionary Land Use Actions   Referred to PLUM 11/23/21.  Calls for more effective required on-site posting/mailing services for all ;proposed discretionary land use actions.

File at:  https://cityclerk.lacity.org/lacityclerkconnect/index.cfm?fa=ccfi.viewrecord&cfnumber=21-1385

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Council File 22-0120 Streamlines and expedites the permitting process of electric vehicle charging stations.  Referred to PLUM 2/1/22.  File at:   https://cityclerk.lacity.org/lacityclerkconnect/index.cfm?fa=ccfi.viewrecord&cfnumber=22-0120

Request for uniform defined sign standards for EV charging stations including size, illumination, information to be provided, etc.

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Council File 21-1375 ADU Accelerator Program Adopted by City Council 1/12/22.  Grants authority to HCID to negotiate and execute a contract with ONEgeneration, to implement the Los Angeles Accessory Dwelling Unit Accelerator Program (LAADUAP); create an exempt Senior Project Coordinator position; and the status of the LAADUAP.  File is at:  https://cityclerk.lacity.org/lacityclerkconnect/index.cfm?fa=ccfi.viewrecord&cfnumber=21-1375

ONEgeneration and Homeowner Agreement –COVER PAGE: The purpose of this document is to provide a template for ONEgeneration to adopt and customize into its program participation agreement with the homeowner. It specifically outlines the following provisions, which ONEgeneration has incorporated into The Homeowner Agreement (attached): ● Program term: Five (5) years maximum. The program term begins upon execution of the lease agreement and confirmation of eligibility, and remains in effect for the remainder of the grant period which ends __________________________________.

 ● Rental Subsidy dispersal schedule: Each homeowner shall receive twelve (12) equal payments of their rental subsidy per full year or prorated accordingly, due on a monthly basis by the agreed payment due date, upon ONEgeneration’s verification of program compliance. ● Eligible tenants: ONEgeneration will screen all prospective tenants to ensure they meet the program’s eligibility requirements. ONEgeneration will then provide the owner with a pool of eligible tenants from which to select. Only tenants that ONEgeneration has reviewed, screened, and approved are eligible to participate in this program. ● Rent: The tenant’s portion of the monthly rental obligation is 30% of their monthly income, with the rental grant subsidy supplementing the balance of the agreed monthly rent. ● Program requirements: ONEgeneration will monitor homeowners’ compliance with the program and homeowners will be required to be available to receive monthly “check in” phone calls from ONEgeneration to discuss the program. We are looking forward to working with you on our pilot program to house low-income seniors in Accessory Dwelling Units (ADUs). We appreciate your partnership in this effort.

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Head’s UP:  Council File 21-1115 being heard in Council 2/8 (item 11) requests the City Attorney to draft an ordinance modeled after a Long Beach measure that would prohibit the assembly, disassembly, sale, offer of sale, distribution of bicycles and bicycle parts on public property or within the public right-of-way.   Four westside Councils have submitted CIS statements in support but no others have been noted.

FYI:  LA County wants feedback on an update to its Residential Parking Ordinance

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HEAD’s UP:  The group known as H.O.D.G. (Hang out do good) has an offshoot group that is promoting “Livable Communities.”  In doing so they are promoting their own vision of specific streets and streetscapes that include Westside locations.  They are recommending lane restrictions on Westwood Blvd. and their initiative has additional items that they are lobbying to implement.

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Head’s UP:  AB 819 contains updates to CEQA notice and filing requirements

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NOTE:  REVISED DCP MEMORANDUM ON SB 35 MAXIMUM DENSITY PERMITTED BY LAND USE DESIGNATION OR ZONE – https://satt.edublogs.org/files/2021/12/SB-35-Revised-2021-12-06.pdf

ISSUED BY VINCE BERTONI 12/6/21 AND REPLACES THE MEMORANDUM ISSUED 9/16/202 AND CLARIFIES THE PROCESS FOR sb 35 PROJECTS IN “P” AUTOMOBILE PARKING ZONE.  

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LA City- specific INITIATIVES have currently qualified for circulation in LA City.

They will need to gather 64,785 registered voter valid signatures to be placed on the ballot.  (Goal is usually around 93,000 signatures to qualify safely.)

1. City Mobility Plan Street Improvement  “LA Safe Streets for All Initiative”:  Seeks to force the City to install all roadway changes as described in the Mobility 2035 Transportation Element of the General Plan whenever a street is paved by the City.  This will affect 1500 miles of the City’s streets and will result in the installation of bike lanes, bus lanes and whatever additional changes were written into the Mobility Plan – without any further/additional community or CD input (whether or not changes in the area have occurred since the Mobility Plan was written).
2. Land Use and Replacement Housing Requirements Initiative:  Appears to be a program described as being a program to utilize vacant hotel rooms for unhoused individuals.
3. Repeal of LA City requirements regarding proof of Covid-19 vaccination to enter certain locations. 
4. Workplace security, workload, wage and retention measures for hotel workers initiative ordinance.
5. Affordable Housing and Tenant Assistance (not yet approved for circulation)
6. Minimum Wage (not yet approved for circulation)
7. Homelessness and Public Encampments (not yet approved for circulation)

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PLANCHECK NC will meet Saturday, Feb. 12 10 am.  Link to the meeting will be found at the website:  https://plancheckncla.com/   Meetings are held the second Saturday morning of each month. 

State Bills Introduced and Pending:

HCD Housing Element review letter for the City of Los Angeles is expected to be released on 2/22.

The letter for Los Angeles County is expected on 2/28.

SB 930 (Wiener) introduced 2/7/22.

Existing law, the Housing Accountability Act, which is part of the Planning and Zoning Law, prohibits, among other things, a local agency from disapproving a housing development project that complies with applicable, objective general plan, zoning, and subdivision standards and criteria, or from imposing a condition that it be developed at a lower density, unless the local agency bases its decision on written findings supported by the preponderance of the evidence on the record that specified conditions exist, as provided.

Existing law, the Administrative Procedure Act, in part, sets forth procedural requirements for the adoption, publication, review, and implementation of regulations by state agencies, and for review of those regulatory actions by the Office of Administrative Law.

This bill would authorize the Department of Housing and Community Development to review, adopt, amend, and repeal the standards, forms, or definitions to implement the Housing Accountability Act without compliance with those procedural requirements, as provided.

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SB 922 (Wiener)   2/3/22

SB 922, as introduced, Wiener. California Environmental Quality Act: exemptions: transportation-related projects.

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 proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment.

CEQA, until January 1, 2030, exempts from its requirements bicycle transportation plans for an urbanized area for restriping of streets and highways, bicycle parking and storage, signal timing to improve street and highway intersection operations, and related signage for bicycles, pedestrians, and vehicles under certain conditions.

This bill would extend the above exemption indefinitely. The bill would also repeal the requirement that the bicycle transportation plan is for an urbanized area and would extend the exemption to an active transportation plan or pedestrian plan, or for a feasibility and planning study for active transportation, bicycle facilities, or pedestrian facilities.

CEQA exempts from its requirements certain projects located in an urbanized area, including transit prioritization projects, as defined, and projects for pedestrian and bicycle facilities or for the institution or increase of new bus rapid transit, bus, or light rail services on public or highway rights-of-way. For those exempted projects exceeding $100,000,000 in 2020 United States dollars, CEQA, except as provided, requires the lead agency to complete and consider the results of a project business case and a racial equity analysis, as specified, and would require the lead agency, before exempting a project from CEQA, to hold at least 3 noticed public meetings in the project area, as provided. CEQA requires the lead agency, before granting an exemption for projects under the above provisions, to certify that those projects will be carried out by a skilled and trained workforce, except as provided. If the lead agency determines to carry out a project exempt under the above provisions, CEQA requires the lead agency to file a notice of exemption with the Office of Planning and Research and the county clerk of the county in which the project is located. Existing law repeals the above-described exemption on January 1, 2023.

This bill would extend the exemption indefinitely. The bill would revise and recast the exemption to, among other things, repeal the requirement that the exempted projects are located in an urbanized area, extend the exemption by revising the definition of transit prioritization projects, and require projects for the institution or increase of new bus rapid transit, bus, or light rail service to be located on a site that is wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau. The bill would revise the requirements for the project business case and racial equity analysis and noticed public meetings to apply to exempted projects exceeding $100,000,000 and would additionally require the lead agency to complete an analysis of residential displacement and suggest anti-displacement strategies, designs, or actions for those projects for which at least 50% of the project or projects’ stops and stations are located in an area at risk of residential displacement and will have a maximum of 15-minute peak headways. The bill would provide that the lead agency may make the skilled and trained workforce certification concurrent with the granting of the exemption and would provide that the certification requirement is not required under specified circumstances.

The bill would specify that the revision made by this measure to the exemption for projects for the institution or increase of new bus rapid transit, bus, or light rail service may apply to projects for which a notice of exemption is filed before January 1, 2023. The bill would, for projects exempted by the above-described provisions for which a notice of exemption was filed before January 1, 2023, authorize the lead agency to either certify that the project will be completed by a skilled and trained workforce after the granting of the exemption or exempt those projects from the certification requirement if the lead agency demonstrates compliance with certain conditions.

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SB 932 (Portantino) 2/7/22.  SB 932, as introduced, Portantino. General plans: circulation element: bicycle and pedestrian plans and traffic calming plans.

Existing law states the Legislature’s intention that a county or city general plan and the elements and parts of that general plan comprise an integrated, internally consistent and compatible statement of policies for the adopting agency.

This bill would emphasize the intent of the Legislature to fight climate change with these provisions.

Existing law, the Planning and Zoning Law, requires the legislative body of a city or county to adopt a comprehensive general plan that includes various elements, including a circulation element. Existing law requires the circulation element to consist of the general location and extent of existing and proposed major thoroughfares, transportation routes, terminals, any military airports and ports, and other local public utilities and facilities. Existing law requires the legislative body, upon any substantive revision of the circulation element, to modify the circulation element to plan for a balanced, multimodal transportation network that meets the needs of all users of streets, roads, and highways for safe and convenient travel in a manner that is suitable to the rural, suburban, or urban context of the general plan. Existing law defines “users of streets, roads, and highways” to mean bicyclists, children, persons with disabilities, motorists, movers of commercial goods, pedestrians, users of public transportation, and seniors.

Commencing January 1, 2023, this bill would require the legislative body, upon any substantive revision of the circulation element, to ensure that a modified circulation element additionally includes bicycle and pedestrian plans and traffic calming plans. By adding to the duties of county and city officials in the administration of their land use planning duties, this bill would impose a state-mandated local program.

This bill would require a county or city to include in its modified circulation element a map of the high injury network within its boundaries and would further require a county or city to identify and prioritize safety improvements that may be implemented within 15 years that would address serious and injurious traffic collisions. This bill would increase or decrease the 15-year implementation period based on whether the measures introduced by a county or city work to reduce its percentage of traffic violence.

This bill would state the intent of the Legislature to create an annual grant program, relating to the above provisions, to award funding to any county or city upon a showing of its implementation of timely and effective short-term efforts to mitigate bicycle, pedestrian, and other human-powered transportation injuries and fatalities, as provided.

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.

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AB 1795 (Fong) 2/7/22   AB 1795, as introduced, Fong. Open meetings: remote participation.

Existing law, the Bagley-Keene Open Meeting Act, requires state bodies to allow all persons to attend meetings and provide an opportunity for the public to address the state body regarding any item included in its agenda, except as specified.

This bill would require state bodies, subject to existing exceptions, to provide all persons the ability to participate both in-person and remotely, as defined, in any meeting and to address the body remotely.

*Must provide remote access for any public meeting.

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AB 1826 (Nguyen) 2/7/22  AB 1826, as introduced, Nguyen. Traffic violation fees.

Existing law requires a driver facing a steady circular red signal alone to stop at a marked limit line, but if none, before entering the crosswalk on the near side of the intersection or, if none, then before entering the intersection, and to remain stopped until an indication to proceed is shown, except as specified. A violation of this provision is an infraction punishable by a fine of $100.

This bill would recast those   AB 1748, as introduced, Seyarto. Exempt surplus land: regional housing need.

Existing law prescribes requirements for the disposal of surplus land by a local agency. Existing law defines “surplus land” for these purposed to mean land owned in fee simple by any local agency for which the local agency’s governing body takes formal action declaring that the land is surplus and is not necessary for the agency’s use. Existing law provides that an agency is not required to follow the requirements for disposal of surplus land for “exempt surplus land,” except as provided. Existing law categorizes as “exempt surplus land,” surplus land that a local agency is transferring to another local, state, or federal agency for the agency’s use.

The Planning and Zoning Law requires that the housing element of a city’s or county’s general plan consist of an identification and analysis of existing and projected housing needs and a statement of goals, policies, quantified objectives, financial resources, and scheduled programs for the preservation, improvement, and development of housing. 

Existing law requires the Department of Housing and Community Development to determine the existing and projected need for housing for each region, as specified. Existing law requires a planning agency to provide an annual report to the Department of Housing and Community Development that includes, among other things, its progress in meeting its share of regional housing needs.

Existing law requires the Department of Housing and Community Development to designate jurisdictions that have enacted prohousing local policies, as defined, as prohousing. Existing law grants prohousing jurisdictions that have been found to have a substantially compliant housing element additional points or preferences in the scoring of programs and applications for specified state housing programs.

This bill would add to the definition of “exempt surplus land,” surplus land that is zoned for a density of up to 30 residential units and is owned by a city or county that demonstrates adequate progress in meeting its share of regional housing need in its annual report, as specified, has constructed an adequate number of housing units to meet its share of regional housing need in the immediately preceding or current housing element cycle, as specified, or is designated as prohousing by the department.

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SB 897 (Wielechowski) 2/1/22  SB 897, as introduced, Wieckowski. Accessory dwelling units: junior accessory dwelling units.

(1) Existing law, the Planning and Zoning Law, authorizes a local agency, by ordinance or ministerial approval, to provide for the creation of accessory dwelling units in areas zoned for residential use, as specified. Existing law provides that an accessory dwelling unit may either be an attached or detached residential dwelling unit, and prescribes the minimum and maximum unit size requirements, height limitations, and setback requirements that a local agency may establish, including a 16-foot height limitation and a 4-foot side and rear setback requirement.

This bill would increase the maximum height limitation that may be imposed by a local agency on an accessory dwelling unit to 25 feet.

Existing law requires an ordinance that provides for the creation of an accessory dwelling unit to require accessory dwelling units to comply with local building code requirements that apply to detached dwellings, as appropriate. Existing law also prohibits an ordinance from requiring an accessory dwelling unit to provide fire sprinklers if they are not required for the primary residence.

This bill would provide that the construction of an accessory dwelling unit does not constitute an occupancy change under the local building code. The bill would also prohibit the construction of an accessory dwelling unit from triggering a requirement that fire sprinklers be installed in the proposed or existing primary dwelling.

Existing law provides that a local agency shall ministerially approve an application for a building permit within a residential or mixed-use zone to create not more than 2 accessory dwelling units that are located on a lot that has an existing multifamily dwelling, but are detached from that multifamily dwelling and are subject to a height limitation of 16 feet and a 4-foot side and rear setback requirement.

This bill would change the height limitation applicable to an accessory dwelling unit subject to ministerial approval to 25 feet. The bill, if the existing multifamily dwelling exceeds a height of 25 feet or has a rear or side setback of less than 4 feet, would prohibit a local agency from requiring any modification to the existing multifamily dwelling to satisfy these requirements. The bill would prohibit a local agency from rejecting an application for an accessory dwelling unit because the existing multifamily dwelling exceeds a height of 25 feet or has a rear or side setback of less than 4 feet.

Existing law, until January 1, 2025, prohibits a local agency from imposing an owner-occupant requirement on a proposed accessory dwelling unit on a lot that includes a proposed or existing single-family dwelling.

This bill would delete the expiration date of this provision.

(2) Existing law also provides for the creation of junior 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. Existing law requires an ordinance that provides for the creation of a junior accessory dwelling unit to require the unit to be constructed within the walls of the proposed or existing single-family residence and to require the unit to include a separate entrance from the main entrance to the proposed or existing single-family residence.

This bill would specify that enclosed uses within the proposed or existing single-family residence, such as attached garages, are considered a part of the proposed or existing single-family residence. The bill would require a junior accessory dwelling unit that does not include separate sanitation facilities to include a separate entrance from the main entrance to the structure, with an interior entry to the main living area.

(3) Existing law requires a local agency, in enforcing building standards applicable to accessory dwelling units, to delay enforcement for up to 5 years upon the owner submitting an application requesting the delay on the basis that correcting the violation is not necessary to protect health and safety.

This bill would prohibit a local agency from denying a permit for a constructed, but unpermitted, accessory dwelling unit because the unit is in violation of building standards or state or local standards applicable to accessory dwelling units, unless the local agency makes a finding that correcting the violation is necessary to protect the health and safety of the public or occupants of the structure

(4) Existing law requires the Department of Housing and Community Development to administer various programs intended to promote the development of housing, including the Multifamily Housing Program, pursuant to which the department provides financial assistance in the form of deferred payment loans to pay for the eligible costs of development for specified activities.

This bill, upon appropriation by the Legislature, would require the department to establish and administer a grant program for the purpose of funding the construction and maintenance of accessory dwelling units and junior accessory dwelling units. The bill would create the California Accessory Dwelling Unit Fund and, upon appropriation by the Legislature, require the department to distribute moneys in the fund to eligible recipients.

(5) By imposing new duties on local governments with respect to the approval of accessory dwelling units and junior accessory dwelling units, the bill would impose a state-mandated local program.

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.