Senate BillNo. 513

Introduced by Senator Hancock

February 21, 2013

An act to amend Section 65470 of the Government Code, relating to local development.


SB 513, as introduced, Hancock. Local development.

Existing law authorizes a city or a county to participate in the Transit Priority Project Program by adopting an ordinance to that effect and forming an infrastructure finance district. Existing law requires a development project located within a district that participates in the program to meet certain requirements, including the requirement that the project provides 20% affordable units in rental or owner-occupied housing for low- or moderate-income persons and families, or pays a fee in an amount equivalent to the cost to provide affordable units elsewhere within the city’s or county’s jurisdiction, as determined by the city or county.

This bill would revise that percentage requirement to 10%.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

P1    1


Section 65470 of the Government Code is
2amended to read:



(a) (1) It is the intent of the Legislature to provide a
4process for cities and counties to create development patterns in
5the form of transit priority projects that comply with Chapter 4.2
6(commencing with Section 21155) of Division 13 of the Public
P2    1Resources Code, create jobs, reduce vehicle miles traveled, expand
2the availability of accessible open-space, build the density needed
3for transit viability, and meet regional housing targets.

4(2) It is the intent of the Legislature that, when implemented, a
5Transit Priority Project Program will help a development project
6in meeting the standards for expedited review under paragraph (2)
7of subdivision (a) of Section 65950.

8(b) (1) A city or county may participate in the Transit Priority
9Project Program by adopting an ordinance indicating its intent to
10participate in the program and by forming an infrastructure
11financing district pursuant to Article 1 (commencing with Section
1253395) of Chapter 2.8 of Part 1 of Title 5.

13(2) Nothing in this article shall be construed to add to the
14definitions of or to the requirements to implement Chapter 4.2
15(commencing with Section 21155) of Division 13 of the Public
16Resources Code.

17(c) If a city or county elects to participate in the program by
18adopting the ordinance described in subdivision (b) and forms an
19infrastructure financing district, the city or county shall amend, if
20necessary, the general plan and any related specific plan to
21authorize participating developers to build at an increased height
22of a minimum of three stories within the boundaries of the
23infrastructure financing district created pursuant to subdivision

25(d) A Transit Priority Project Program development project
26shall meet all of the following requirements:

27(1) Is located in a designated transit priority project and within
28one-half of one mile of a transit station, pursuant to Section 21155
29of the Public Resources Code.

30(2) Is located within a zone in which buildings of three stories
31or more are authorized.

32(3) Meets State Air Resources Board land use guidelines with
33respect to distance from major emitters.

34(4) Provides onsite bicycle parking.

35(5) Provides for car sharing if a car sharing program is available
36in the city or county. The car sharing area may be onsite, or the
37developer may pay a fee to the city or county to cover the cost of
38providing for car sharing at an offsite location near the project.
39The developer shall provide one car share for the first 20 units and
40one car share for every 50 units thereafter.

P3    1(6) Provides unbundled parking.

2(7) Provides to all units transit passes for 10 years as part of the
3rent or condo fees if transit passes are available from local

5(8) Provides to tenants recycling for bottles, cans, paper, and
6plastic containers.

7(9) Provides open space onsite, including, but not limited to,
8accessible roof gardens, or pays a fee into a fund established for
9local open space. The fee shall not exceed 10 cents ($0.10) per
10square foot.

11(10) Providesbegin delete 20end deletebegin insert 10end insert percent affordable units in rental or owner
12occupied housing for low- or moderate-income persons and
13families, or pays a fee in an amount equivalent to the cost to
14provide affordable units elsewhere within the city’s or county’s
15jurisdiction, as determined by the city or county. The developer
16shall require, by covenants or restrictions, that the housing units
17built pursuant to this paragraph shall remain available at affordable
18housing cost to, and occupied by, persons and families of low- or
19moderate-income households for the longest feasible time, but for
20not less than 55 years for rental units and 45 years for
21owner-occupied units.

22(11) Pays prevailing wages to construction workers for
23residential projects over 100 units pursuant to Sections 1770, 1773,
24and 1773.1 of the Labor Code.

25(12) For purposes of this subdivision, “unbundled parking”
26means renting a parking space for the residential units separately
27from the residential units, or pays a fee to the appropriate local
28transit management fund to cover one-half of the cost to provide
29a parking space.

30(e) (1) A development project that meets the criteria established
31in subdivision (d) shall comply with any local design guidelines
32that were adopted prior to the submission of the project application.

33(2) The infrastructure financing district formed pursuant to
34subdivision (b) may reimburse a developer of a project that is
35consistent with the requirements established in subdivision (d) for
36any permit costs, or costs associated with the construction of the
37affordable housing units required pursuant to paragraph (10) of
38subdivision (d).

P4    1(f) This article shall not apply to a city or county that has
2adopted language in its charter or by ordinance or resolution that
3does either of the following:

4(1) Provides that the requirements of Chapter 1 (commencing
5with Section 1720) of Part 7 of Division 2 of the Labor Code do
6not apply to some or all work awarded or funded by the city or
7county that would otherwise be subject to those requirements.

8(2) Prohibits a contractor, subcontractor, or other person or firm
9engaged in the construction, rehabilitation, alteration, conversion,
10extension, maintenance, repair, or improvement of public works,
11from executing or otherwise becoming a party to any prehire,
12collective bargaining, or similar agreement entered into with one
13or more labor organizations, employees, or employee
14representatives that establishes the terms and conditions of
15employment on a construction project, or the city or county from
16incorporating such an agreement into the bid specifications or
17contract for a construction project, or the governing body of the
18city or county from deciding that the city or county should enter
19into such an agreement for a particular construction project or