Amended in Assembly January 13, 2016

Amended in Assembly January 4, 2016

Amended in Assembly April 16, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 1500


Introduced by Assembly Member Maienschein

(Coauthors: Assembly Members Mullin and Steinorth)

February 27, 2015


begin deleteAn act to add Section 21080.40 to the Public Resources Code, relating to environmental quality. end deletebegin insertAn act to add Section 65583.5 to the Government Code, relating to land use.end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 1500, as amended, Maienschein. begin deleteCalifornia Environmental Quality Act: priority housing projects: exemption. end deletebegin insertPlanning and zoning: housing element: supportive housing and transitional housing.end insert

begin insert

The Planning and Zoning Law requires a city or county to adopt a general plan for land use development that includes, among other things, a housing element. That law requires the housing element to include an assessment of housing needs and an inventory of resources and constraints relevant to the meeting of these needs. That law requires this assessment and inventory to include the identification of a zone or zones where emergency shelters are allowed as a permitted use without a conditional use or other discretionary permit, as provided.

end insert
begin insert

This bill would authorize a city or county to additionally include in its assessment and inventory the identification of supportive housing and transitional housing, as those terms are defined in specified statutes. If a local government elects to include this identification in its assessment and inventory, the bill would impose certain requirements, including that the identified zone or zones include sufficient capacity to accommodate the need for supportive housing or transitional housing, that the local government demonstrate that existing or proposed permit processing, development, and management standards are objective and encourage and facilitate the development of supportive housing or transitional housing, and that supportive housing or transitional housing generally be subject only to the development and management standards that apply to residential or commercial development within the same zone. The bill would also provide that the permit processing, development, and management standards applied under these provisions would not be discretionary acts within the meaning of the California Environmental Quality Act.

end insert
begin delete

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 exempts specified projects from its requirements.

end delete
begin delete

This bill would exempt from the requirements of CEQA priority housing projects, as defined, if specified conditions are met. Because a lead agency would be required to determine the applicability of this exemption, this bill would impose a state-mandated local program.

end delete
begin delete

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.

end delete
begin delete

This bill would provide that no reimbursement is required by this act for a specified reason.

end delete

Vote: majority. Appropriation: no. Fiscal committee: begin deleteyes end deletebegin insertnoend insert. State-mandated local program: begin deleteyes end deletebegin insertnoend insert.

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

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 65583.5 is added to the end insertbegin insertGovernment Codeend insertbegin insert,
2to read:end insert

begin insert
P3    1

begin insert65583.5.end insert  

The assessment and inventory adopted pursuant to
2subdivision (a) of Section 65583 may include the identification of
3a zone or zones where supportive housing, as defined in paragraph
4(2) of subdivision (b) of Section 50675.14 of the Health and Safety
5Code, or transitional housing, as defined in Section 50801 of the
6Health and Safety Code, is allowed as a permitted use without a
7conditional use or other discretionary permit. If the local
8government elects to identify a zone or zones pursuant to this
9section, all of the following shall apply:

10(a) The identified zone or zones shall include sufficient capacity
11to accommodate the need for supportive housing or transitional
12housing. If the local government cannot identify a zone or zones
13with sufficient capacity, the local government shall include a
14program to amend its zoning ordinance to meet the requirements
15of this section within one year of the adoption of the housing
16element. The local government may identify additional zones where
17supportive housing or transitional housing is permitted with a
18conditional use permit.

19(b) The local government shall also demonstrate that existing
20or proposed permit processing, development, and management
21standards are objective and encourage and facilitate the
22development of, or conversion to, supportive housing or
23transitional housing. Supportive housing or transitional housing
24may only be subject to those development and management
25standards that apply to residential or commercial development
26within the same zone except that a local government may apply
27written, objective standards.

28(c) The permit processing, development, and management
29standards applied under this section shall not be deemed to be
30discretionary acts within the meaning of the California
31Environmental Quality Act (Division 13 (commencing with Section
3221000) of the Public Resources Code).

end insert
begin delete
33

SECTION 1.  

Section 21080.40 is added to the Public Resources
34Code
, to read:

35

21080.40.  

(a) For purposes of this section, the following terms
36mean the following:

37(1) “Emergency shelter” has the same meaning as set forth in
38Section 50801 of the Health and Safety Code.

39(2)  “Priority housing project” means an activity or approval
40necessary for, or incidental to, the development, planning, design,
P4    1site acquisition, subdivision, financing, leasing, construction,
2operation, or maintenance of an emergency shelter, transitional
3housing, or supportive housing.

4(3) “Supportive housing” has the same meaning as set forth in
5paragraph (2) of subdivision (b) of Section 50675.14 of the Health
6and Safety Code.

7(4) “Transitional housing” has the same meaning as set forth in
8Section 50801 of the Health and Safety Code.

9(b) This division does not apply to a priority housing project if
10all of the following conditions are met:

11(1) The lead agency has filed a notice of determination with the
12Office of Planning and Research consistent with Section 21152.1.

13(2) The city or county in which the project is located has adopted
14a housing element that the Department of Housing and Community
15 Development has determined to be in compliance with applicable
16statutes and regulations at the time the lead agency files the notice
17of determination with the Office of Planning and Research.

18(3) The city or county in which the project is located is
19compliant with the housing element portion of its annual report,
20required pursuant to Section 65400 of the Government Code, at
21the time the local agency files the notice of determination with the
22Office of Planning and Research.

23(c) This section does not alter, affect, expand, or diminish a
24public agency’s obligation to comply with statutory or regulatory
25requirements imposed pursuant to other laws.

26

SEC. 2.  

No reimbursement is required by this act pursuant to
27Section 6 of Article XIII B of the California Constitution because
28a local agency or school district has the authority to levy service
29charges, fees, or assessments sufficient to pay for the program or
30level of service mandated by this act, within the meaning of Section
3117556 of the Government Code.

end delete


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