AB 1500,
as amended, Maienschein. California Environmental Quality Act:begin delete homeless complexend deletebegin insert priority housingend insert projects: exemption.
The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completionbegin delete of,end deletebegin insert ofend insert an environmental impact reportbegin delete (EIR)end delete 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 exempts specified projects from its requirements.
This bill would exempt from the requirements of CEQAbegin delete homeless complexend deletebegin insert priority housingend insert projects, asbegin delete defined.end deletebegin insert defined, if specified conditions are met.end insert Because a lead agency would be required to determine the applicability of this exemption, this 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.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 21080.40 is added to the Public Resources
2Code, to read:
(a) For purposes of this section, the following terms
4mean the following:
5(1) “Affordable housing cost” has the same meaning as set forth
6in Section 50052.5 of the Health and Safety Code.
7(2) “Affordable rent” has the same meaning as set forth in
8Section 50053 of the Health and Safety Code.
9(1)
end delete
10begin insert(3)end insert “Emergency shelter” has the same meaning as set forth in
11Section 50801 of the Health and Safety Code.
12(2) “Homeless complex project” means an activity or approval
13necessary for, or incidental to, the development, planning, design
14site acquisition, subdivision, financing, leasing, construction,
15operation, or maintenance of an emergency shelter, temporary or
16transitional housing, supportive housing, low-income housing, or
17building that provides services for the homeless, and associated
18development, including any accessory roadway,
utility, or other
19improvement to that shelter, housing, building, or associated
20development.
21(3)
end delete
22begin insert(4)end insert “Low-income housing” means housing withbegin delete affordable begin insert at least 20
23housing cost to extremely low households, very low income
24households, or lower income households, as those terms are defined
25in Section 50052.5 of the Health and Safety Code.end delete
26percent of the units affordable to lower income households subject
27to all of the following:end insert
28(A) The project developer shall provide sufficient legal
29commitments to the appropriate local agency to ensure the
30continued availability and use of the housing units for extremely
P3 1low income households, very low income households, or lower
2income households at monthly housing costs with an affordable
3housing cost or affordable rent for the period required by the
4applicable financing method.
5(B) Rental units shall be affordable for at least 55 years.
end insertbegin insert
6(C) Ownership units shall be subject to resale restrictions or
7equity sharing requirements for at least 30 years.
8(5) “Lower income household” has the same meaning as set
9forth in Section 50079.5 of the Health and Safety Code.
10(6) “Priority housing project” means an activity or approval
11necessary for, or incidental to, the development, planning, design
12site acquisition, subdivision, financing, leasing, construction,
13operation, or maintenance of an emergency shelter, transitional
14housing, supportive housing, low-income housing, or associated
15development, including any accessory roadway, utility, or other
16improvement to that shelter, housing, or associated development.
17(4)
end delete
18begin insert(7)end insert “Supportive housing” has the same meaning as set forth in
19paragraph (2) of subdivision (b) of Section 50675.14 of the Health
20and Safety Code.
21(5)
end delete
22begin insert(8)end insert “Transitional housing” has the same meaning as set forth in
23Section 50801 of the Health and Safety Code.
24(b) This division does not apply to abegin delete homeless complex
project.end delete
25begin insert priority housing project if all of the following conditions are met:end insert
26(1) The project does not result in a net loss in the number of
27housing units with an affordable housing cost or affordable rent
28to lower income households within the project area.
29(2) The lead agency has filed a notice of determination with the
30Office of Planning and Research consistent with Section 21152.1.
31(3) The city or county in which the project is located has adopted
32a housing element that the Department of Housing and Community
33
Development has determined to be in compliance with applicable
34statutes and regulations at the time the lead agency files the notice
35of determination with the Office of Planning and Research.
36(4) The city or county in which the project is located is compliant
37with the housing element portion of its annual report, required
38pursuant to Section 65400 of the Government Code, at the time
39the local agency files the notice of determination with the Office
40of Planning and Research.
P4 1(c) This section does not alter, affect, expand, or diminish a
2public agency’s obligation to comply with statutory or regulatory
3requirements imposed pursuant to other laws.
No reimbursement is required by this act pursuant to
5Section 6 of Article XIII B of the California Constitution because
6a local agency or school district has the authority to levy service
7charges, fees, or assessments sufficient to pay for the program or
8level of service mandated by this act, within the meaning of Section
917556 of the Government Code.
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