BILL NUMBER: SB 1362 CHAPTERED
BILL TEXT
CHAPTER 689
FILED WITH SECRETARY OF STATE SEPTEMBER 22, 1998
APPROVED BY GOVERNOR SEPTEMBER 21, 1998
PASSED THE SENATE AUGUST 20, 1998
PASSED THE ASSEMBLY AUGUST 17, 1998
AMENDED IN ASSEMBLY AUGUST 6, 1998
AMENDED IN ASSEMBLY JULY 8, 1998
AMENDED IN ASSEMBLY JUNE 1, 1998
AMENDED IN ASSEMBLY MAY 5, 1998
AMENDED IN SENATE FEBRUARY 18, 1998
INTRODUCED BY Committee on Housing and Land Use (Senators Lee
(Chair), Costa, Kopp, Monteith, and Vasconcellos)
JANUARY 5, 1998
An act to amend Section 17621 of the Education Code, to amend
Sections 7260, 65039, 65850, 65860, 65915, 66007, 66021, 66452.6,
66477, and 66498.5 of, to add Sections 65850.3 and 66413.5 to, and to
repeal Section 65587.1 of, the Government Code, to amend Sections
18035.3, 18062.2, and 18070.5 of, to amend and repeal Section 17959.3
of, to add and repeal Section 50710.2 of, and to repeal Section
18202 of, the Health and Safety Code, and to amend Section 423.3 of
the Revenue and Taxation Code, relating to housing and land use.
LEGISLATIVE COUNSEL'S DIGEST
SB 1362, Committee on Housing and Land Use. Housing and Land Use
Omnibus Act of 1998.
(1) Existing law generally regulates land use, housing, and
redevelopment.
This bill would enact the Housing and Land Use Omnibus Act of 1998
and would state legislative intent to combine several minor
statutory changes relating to housing, land use, and related topics
into a single measure, and would make related findings and
declarations.
(2) Existing law, known as the Relocation Assistance Act, requires
a public entity to provide compensation and advisory services to any
person, business, or farm operation that is displaced because of the
acquisition of real property for public use. Existing law governs
the provision of relocation assistance, including benefits for
displaced persons, as defined. For purposes of that definition and
for purposes of the act, a tenant in a multifamily rental project of
4 or more units who is temporarily displaced for not more than 180
days as part of a rehabilitation of that project is not deemed a
"displaced person" if, among other conditions, other financial
benefits and services are provided, including relocation to a
comparable replacement unit, and the resident is offered the right to
return to his or her original unit, with prescribed rent for the
first 12 months subsequent to that return.
This bill would, if SB 1156 is chaptered and becomes effective on
or before January 1, 1999, delete those provisions from that
definition of "displaced person."
(3) Existing law authorizes the Governor to appoint the Director
of Planning and Research at a salary not to exceed $27,500 annually,
and authorizes the Governor to appoint and fix the salaries of
necessary assistants and other personnel at annual amounts that
generally may not exceed $85,402.
This bill would require the salary of the director to be fixed
pursuant to those provisions authorizing the Governor to appoint and
fix the salaries of necessary assistants and other personnel.
(4) Existing law provides that certain mortgage revenue bond
programs or local approval of a housing-related project prior to May
1, 1983, shall not be invalidated because a city and county failed to
comply with specified requirements.
This bill would repeal that provision.
(5) Existing law requires that an action or proceeding to enforce
compliance with a requirement that a zoning ordinance be consistent
with a general plan be taken within 90 days of the enactment or
amendment of the ordinance.
This bill would require the action or proceeding to be commenced
and service made on the legislative body within 90 days.
(6) Under the Subdivision Map Act, when any area in a subdivision
or proposed subdivision, as to which a tentative map or vesting
tentative map has been filed but a final map has not been finally
approved, is annexed to a city, all procedures and regulations
required by the act or by local ordinance of the annexing city are
deemed to commence as of the effective date of the annexation and
requires that the map comply with the requirements of any applicable
ordinance of the city to which the area is annexed.
This bill would require approval of the final map by a newly
incorporated city when an area in a subdivision or proposed
subdivision as to which a tentative map or vesting tentative map, as
specified, has been approved by a board of supervisors and is
incorporated in the newly incorporated city, if certain conditions
are met, and would also authorize the newly incorporated city to
condition or deny a permit, approval, extension, or entitlement as to
the map if it makes specified findings. The bill also would provide
that these rights conferred by the act expire if the final map
application is not timely filed prior to the expiration of the
tentative or vesting tentative map and, prior to the approval of the
final map, these rights are subject to specified time periods. A
newly incorporated city would not be limited from imposing reasonable
conditions on an approved tentative or vesting tentative map for
subsequent required approvals or permits necessary for development,
as specified.
(7) Existing law authorizes the legislative body of a city or
county to require the dedication of land or impose fees for park or
recreational purposes as a condition to the approval of a tentative
or parcel subdivision map.
This bill would designate those provisions as the Quimby Act.
(8) Existing law authorizes a city or county to permit windows in
dwellings to open into areas designed and built as passive solar
energy collectors. This provision will be repealed when state
building code regulations are modified to conform to this
requirement.
This bill would require the Department of Housing and Community
Development to prepare, adopt, and submit by September 1, 1999,
building standards for approval as part of the California Building
Standards Code to implement that requirement. The bill would make
this provision inoperative on September 1, 1999, and repeal it on
January 1, 2000.
(9) Existing law makes it unlawful for a dealer in manufactured
homes, mobilehomes, or commercial coaches to permit the dealer's
license, supplies, or books to be used to operate a branch or
secondary location, except as specified.
This bill would delete that reference to branches.
(10) Existing law, known as the Mobilehome Parks Act, defines
"building" for purposes of the act.
This bill would delete that definition.
(11) Existing law, with specified exceptions, requires the
landlord or landlord's agent of a building intended for human
habitation to install and maintain certain door and window locks or
security devices.
This bill would authorize the Department of Housing and Community
Development to delay until December 31, 2000, the installation of
window and door locks on 4 specified centers of the Office of Migrant
Services.
(12) The bill would make other technical, nonsubstantive changes
to existing law relating to housing and land use for organizational
reasons or to conform obsolete references to current law.
(13) This bill would also provide that specified provisions of the
bill relating to zoning ordinances shall not become operative if AB
2055 is chaptered and becomes effective on or before January 1, 1999.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. (a) This act shall be known and may be cited as the
Housing and Land Use Omnibus Act of 1998.
(b) The Legislature finds and declares that Californians desire
their government to be run efficiently and economically, and that
public officials should avoid waste and duplication whenever
possible. The Legislature further finds and declares that it desires
to control its own operating costs by reducing the number of
separate bills affecting housing, land use, and related topics.
Therefore, it is the intent of the Legislature in enacting this act
to combine several minor, noncontroversial statutory changes relating
to housing, land use, and related topics into a single measure.
SEC. 1.3. Section 17621 of the Education Code is amended to read:
17621. (a) Any resolution adopting or increasing a fee, charge,
dedication, or other requirement pursuant to Section 17620, for
application to residential, commercial, or industrial development,
shall be enacted in accordance with Chapter 5 (commencing with
Section 66000) of Division 1 of Title 7 of the Government Code. The
adoption, increase, or imposition of any fee, charge, dedication, or
other requirement pursuant to Section 17620 shall not be subject to
the California Environmental Quality Act, Division 13 (commencing
with Section 21000) of the Public Resources Code. The adoption of,
or increase in, the fee, charge, dedication, or other requirement
shall be effective no sooner than 60 days following the final action
on that adoption or increase, except as specified in subdivision (b).
(b) Without following the procedure otherwise required for
adopting or increasing a fee, charge, dedication, or other
requirement, the governing board of a school district may adopt an
urgency measure as an interim authorization for a fee, charge,
dedication, or other requirement, or increase in a fee, charge,
dedication, or other requirement, where necessary to respond to a
current and immediate threat to the public health, welfare, or
safety. The interim authorization shall require a four-fifths vote
of the governing board for adoption, and shall contain findings
describing the current and immediate threat to the public health,
welfare, or safety. The interim authorization shall have no force or
effect on and after a date 30 days after its adoption. After notice
and hearing in accordance with subdivision (a), the governing board,
upon a four-fifths vote of the board, may extend the interim
authority for an additional 30 days. Not more than two extensions
may be granted.
(c) Upon adopting or increasing a fee, charge, dedication, or
other requirement pursuant to subdivision (a) or (b), the school
district shall transmit a copy of the resolution to each city and
each county in which the district is situated, accompanied by all
relevant supporting documentation and a map clearly indicating the
boundaries of the area subject to the fee, charge, dedication, or
other requirement. The school district governing board shall
specify, pursuant to that notification, whether or not the collection
of the fee or other charge is subject to the restriction set forth
in subdivision (a) of Section 66007 of the Government Code.
(d) Any party on whom a fee, charge, dedication, or other
requirement has been directly imposed pursuant to Section 17620 may
protest the establishment or imposition of that fee, charge,
dedication, or other requirement in accordance with Section 66020 of
the Government Code, except that the procedures set forth in Section
66021 of the Government Code are deemed to apply, for this purpose,
to commercial and industrial development, as well as to residential
development.
(e) In the case of any commercial or industrial development, the
following procedures shall also apply:
(1) The school district governing board shall, in the course of
making the findings required under subdivisions (a) and (b) of
Section 66001 of the Government Code, do all of the following:
(A) Make the findings on either an individual project basis or on
the basis of categories of commercial or industrial development.
Those categories may include, but are not limited to, the following
uses: office, retail, transportation, communications and utilities,
light industrial, heavy industrial, research and development, and
warehouse.
(B) Conduct a study to determine the impact of the increased
number of employees anticipated to result from the commercial or
industrial development upon the cost of providing school facilities
within the district. For the purpose of making that determination,
the study shall utilize employee generation estimates that are
calculated on either an individual project or categorical basis, in
accordance with subparagraph (A). Those employee generation
estimates shall be based upon commercial and industrial factors
within the district or upon, in whole or in part, the applicable
employee generation estimates set forth in the January 1990 edition
of "San Diego Traffic Generators," a report of the San Diego
Association of Governments.
(C) The governing board shall take into account the results of
that study in making the findings described in this subdivision.
(2) In addition to any other requirement imposed by law, in the
case of any development project against which a fee, charge,
dedication, or other requirement is to be imposed pursuant to Section
53080 on the basis of a category of commercial or industrial
development, as described in paragraph (1), the governing board shall
provide a process that permits the party against whom the fee,
charge, dedication, or other requirement is to be imposed the
opportunity for a hearing to appeal that imposition. The grounds for
that appeal include, but are not limited to, the inaccuracy of
including the project within the category pursuant to which the fee,
charge, dedication, or other requirement is to be imposed, or that
the employee generation or pupil generation factors utilized under
the applicable category are inaccurate as applied to the project.
The party appealing the imposition of the fee, charge, dedication, or
other requirement shall bear the burden of establishing that the
fee, charge, dedication, or other requirement is improper.
SEC. 1.4. Section 7260 of the Government Code is amended to read:
7260. As used in this chapter:
(a) "Public entity" includes the state, the Regents of the
University of California, a county, city, city and county, district,
public authority, public agency, and any other political subdivision
or public corporation in the state or any entity acting on behalf of
these agencies when acquiring real property, or any interest therein,
in any city or county for public use and any person who has the
authority to acquire property by eminent domain under state law.
(b) "Person" means any individual, partnership, corporation,
limited liability company, or association.
(c) (1) "Displaced person" means both of the following:
(A) Any person who moves from real property, or who moves his or
her personal property from real property, either:
(i) As a direct result of a written notice of intent to acquire or
the acquisition of the real property, in whole or in part, for a
program or project undertaken by a public entity or by any person
having an agreement with or acting on behalf of a public entity.
(ii) As a direct result of the rehabilitation, demolition, or
other displacing activity as the public entity may prescribe under a
program or project undertaken by a public entity, of real property on
which the person is a residential tenant or conducts a business or
farm operation, in any case in which the public entity determines
that the displacement is permanent. For purposes of this
subparagraph, "residential tenant" includes any occupant of a
residential hotel unit, as defined in subdivision (b) of Section
50669 of the Health and Safety Code, and any occupant of employee
housing, as defined in Section 17008 of the Health and Safety Code,
but does not include any person who has been determined to be in
unlawful occupancy of the displacement dwelling.
(B) Solely for the purposes of Sections 7261 and 7262, any person
who moves from real property, or moves his or her personal property
from real property, either:
(i) As a direct result of a written notice of intent to acquire or
the acquisition of other real property, in whole or in part, on
which the person conducts a business or farm operation, for a program
or project undertaken by a public entity.
(ii) As a direct result of the rehabilitation, demolition, or
other displacing activity as the public entity may prescribe under a
program or project undertaken by a public entity, of other real
property on which the person conducts a business or farm operation,
in any case in which the public entity determines that the
displacement is permanent.
(2) The definition contained in this subdivision shall be
construed so that persons displaced as a result of public action
receive relocation benefits in cases where they are displaced as a
result of an owner participation agreement or an acquisition carried
out by a private person for or in connection with a public use where
the public entity is otherwise empowered to acquire the property to
carry out the public use. Except persons or families of low and
moderate income, as defined in Section 50093 of the Health and Safety
Code, who are occupants of housing that was made available to them
on a permanent basis by a public agency and who are required to move
from the housing, a "displaced person" shall not include any of the
following:
(A) Any person who has been determined to be in unlawful occupancy
of the displacement dwellings.
(B) Any person whose right of possession at the time of moving
arose after the date of the public entity's acquisition of the real
property.
(C) Any person who has occupied the real property for the purpose
of obtaining assistance under this chapter.
(D) In any case in which the public entity acquires property for a
program or project (other than a person who was an occupant of the
property at the time it was acquired), any person who occupies the
property for a period subject to termination when the property is
needed for the program or project.
(d) "Business" means any lawful activity, except a farm operation,
conducted for any of the following:
(1) Primarily for the purchase, sale, lease, or rental of personal
and real property, and for the manufacture, processing, or marketing
of products, commodities, or any other personal property.
(2) Primarily for the sale of services to the public.
(3) Primarily by a nonprofit organization.
(4) Solely for the purpose of Section 7262 for assisting in the
purchase, sale, resale, manufacture, processing, or marketing of
products, commodities, personal property, or services by the erection
and maintenance of an outdoor advertising display, whether or not
the display is located on the premises on which any of the above
activities are conducted.
(e) "Farm operation" means any activity conducted solely or
primarily for the production of one or more agricultural products or
commodities, including timber, for sale or home use, and customarily
producing these products or commodities in sufficient quantity to be
capable of contributing materially to the operator's support.
(f) "Affected property" means any real property that actually
declines in fair market value because of acquisition by a public
entity for public use of other real property and a change in the use
of the real property acquired by the public entity.
(g) "Public use" means a use for which real property may be
acquired by eminent domain.
(h) "Mortgage" means classes of liens that are commonly given to
secure advances on, or the unpaid purchase price of, real property,
together with the credit instruments, if any, secured thereby.
(i) "Comparable replacement dwelling" means any dwelling that is
all of the following:
(1) Decent, safe, and sanitary.
(2) Adequate in size to accommodate the occupants.
(3) In the case of a displaced person who is a renter, within the
financial means of the displaced person. A comparable replacement
dwelling is within the financial means of a displaced person if the
monthly rental cost of the dwelling, including estimated average
monthly utility costs, minus any replacement housing payment
available to the person does not exceed 30 percent of the person's
average monthly income, unless the displaced person meets one or more
of the following conditions, in which case the payment of the
monthly rental cost of the comparable replacement dwelling, including
estimated average monthly utility costs, minus any replacement
housing payment available to the person shall not exceed 25 percent
of the person's average monthly income:
(A) Prior to January 1, 1998, the displaced person received a
notice to vacate from a public entity, or from a person having an
agreement with a public entity.
(B) The displaced person resides on property that was acquired by
a public entity, or by a person having an agreement with a public
entity, prior to January 1, 1998.
(C) Prior to January 1, 1998, a public entity, or a person having
an agreement with a public entity, initiated negotiations to acquire
the property on which the displaced person resides.
(D) Prior to January 1, 1998, a public entity, or a person having
an agreement with a public entity, entered into an agreement to
acquire the property on which the displaced person resides.
(E) Prior to January 1, 1998, a public entity, or a person having
an agreement with a public entity, gave written notice of intent to
acquire the property on which the displaced person resides.
(F) The displaced person is covered by, or resides in an area or
project covered by, a final relocation plan that was adopted by the
legislative body prior to January 1, 1998, pursuant to this chapter
and the regulations promulgated thereunder.
(G) The displaced person is covered by, or resides in an area or
project covered by, a proposed relocation plan that was required to
have been submitted prior to January 1, 1998, to the Department of
Housing and Community Development or to a local relocation committee,
or for which notice was required to have been provided to occupants
of the property prior to January 1, 1998, pursuant to this chapter
and the regulations promulgated thereunder.
(H) The displaced person is covered by, or resides in an area or
project covered by, a proposed relocation plan that was submitted
prior to January 1, 1998, to the Department of Housing and Community
Development or to a local relocation committee, or for which notice
was provided to the public or to occupants of the property prior to
January 1, 1998, pursuant to this chapter and the regulations adopted
pursuant to this chapter, and the person is eventually displaced by
the project covered in the proposed relocation plan.
(I) The displaced person resides on property for which a contract
for acquisition, rehabilitation, demolition, construction, or other
displacing activity was entered into by a public entity, or by a
person having an agreement with a public entity, prior to January
1998.
(J) The displaced person resides on property where an owner
participation agreement, or other agreement between a public entity
and a private party that will result in the acquisition,
rehabilitation, demolition, or development of the property or other
displacement, was entered into prior to January 1, 1998, and the
displaced person resides in the property at the time of the
agreement, provides information to the public entity, or person
having an agreement with the public entity showing that he or she did
reside in the property at the time of the agreement and is
eventually displaced by the project covered in the agreement.
(4) Comparable with respect to the number of rooms, habitable
space, and type and quality of construction. Comparability under
this paragraph shall not require strict adherence to a detailed,
feature-by-feature comparison. While a comparable replacement
dwelling need not possess every feature of the displacement dwelling,
the principal features shall be present.
(5) In an area not subject to unreasonable adverse environmental
conditions.
(6) In a location generally not less desirable than the location
of the displaced person's dwelling with respect to public utilities,
facilities, services, and the displaced person's place of employment.
(j) "Displacing agency" means any public entity or person carrying
out a program or project which causes a person to be a displaced
person for a public project.
(k) "Appraisal" means a written statement independently and
impartially prepared by a qualified appraiser setting forth an
opinion of defined value of an adequately described property as of a
specific date, supported by the presentation and analysis of relevant
market information.
(l) "Small business" means a business as defined in Part 24 of
Title 49 of the Code of Federal Regulations.
(m) "Lead agency" means the Department of Housing and Community
Development.
SEC. 1.5. Section 65039 of the Government Code is amended to read:
65039. The Governor may appoint the Director of Planning and
Research at a salary that shall be fixed pursuant to Section 12001.
SEC. 2. Section 65587.1 of the Government Code is repealed.
SEC. 3. Section 65850 of the Government Code is amended to read:
65850. The legislative body of any county or city may, pursuant
to this chapter, adopt ordinances that do any of the following:
(a) Regulate the use of buildings, structures, and land as between
industry, business, residences, open space, including agriculture,
recreation, enjoyment of scenic beauty, use of natural resources, and
other purposes.
(b) Regulate signs and billboards.
(c) Regulate all of the following:
(1) The location, height, bulk, number of stories, and size of
buildings and structures.
(2) The size and use of lots, yards, courts, and other open
spaces.
(3) The percentage of a lot which may be occupied by a building or
structure.
(4) The intensity of land use.
(d) Establish requirements for offstreet parking and loading.
(e) Establish and maintain building setback lines.
(f) Create civic districts around civic centers, public parks,
public buildings, or public grounds, and establish regulations for
those civic districts.
SEC. 4. Section 65850.3 is added to the Government Code, to read:
65850.3. (a) The legislative body of any county or city may
regulate, pursuant to a content neutral zoning ordinance, the time,
place, and manner of operation of sexually oriented businesses, when
the ordinance is designed to serve a substantial governmental
interest, does not unreasonably limit alternative avenues of
communication, and is based on narrow, objective, and definite
standards. The legislative body is entitled to rely on the
experiences of other counties and cities and on the findings of court
cases in establishing the reasonableness of the ordinance and its
relevance to the specific problems it addresses, including the
harmful secondary effects the business may have on the community and
its proximity to churches, schools, residences, establishments
dispensing alcohol, and other sexually oriented businesses.
(b) For purposes of this section, a sexually oriented business is
one whose primary purpose is the sale or display of matter that,
because of its sexually explicit nature, may, pursuant to state law
or local regulatory authority, be offered only to persons over the
age of 18 years.
(c) This section shall not be construed to preempt the legislative
body of any city or county from regulating a sexually oriented
business, or similar establishment in the manner and to the extent
permitted by the United States Constitution and the California
Constitution.
SEC. 5. Section 65860 of the Government Code is amended to read:
65860. (a) County or city zoning ordinances shall be consistent
with the general plan of the county or city by January 1, 1974. A
zoning ordinance shall be consistent with a city or county general
plan only if both of the following conditions are met:
(1) The city or county has officially adopted such a plan.
(2) The various land uses authorized by the ordinance are
compatible with the objectives, policies, general land uses, and
programs specified in the plan.
(b) Any resident or property owner within a city or a county, as
the case may be, may bring an action or proceeding in the superior
court to enforce compliance with subdivision (a). Any such action or
proceeding shall be governed by Chapter 2 (commencing with Section
1084) of Title 1 of Part 3 of the Code of Civil Procedure. No action
or proceeding shall be maintained pursuant to this section by any
person unless the action or proceeding is commenced and service is
made on the legislative body within 90 days of the enactment of any
new zoning ordinance or the amendment of any existing zoning
ordinance.
(c) In the event that a zoning ordinance becomes inconsistent with
a general plan by reason of amendment to the plan, or to any element
of the plan, the zoning ordinance shall be amended within a
reasonable time so that it is consistent with the general plan as
amended.
(d) Notwithstanding Section 65803, this section shall apply in a
charter city of 2,000,000 or more population to a zoning ordinance
adopted prior to January 1, 1979, which zoning ordinance shall be
consistent with the general plan of the city by July 1, 1982.
SEC. 6. Section 65915 of the Government Code is amended to read:
65915. (a) When a developer of housing proposes a housing
development within the jurisdiction of the local government, the
city, county, or city and county shall provide the developer
incentives for the production of lower income housing units within
the development if the developer meets the requirements set forth in
subdivisions (b) and (c). The city, county, or city and county shall
adopt an ordinance which shall specify the method of providing
developer incentives.
(b) When a developer of housing agrees or proposes to construct at
least (1) 20 percent of the total units of a housing development for
lower income households, as defined in Section 50079.5 of the Health
and Safety Code, or (2) 10 percent of the total units of a housing
development for very low income households, as defined in Section
50105 of the Health and Safety Code, or (3) 50 percent of the total
dwelling units of a housing development for qualifying residents, as
defined in Section 51.3 of the Civil Code, a city, county, or city
and county shall either (1) grant a density bonus and at least one of
the concessions or incentives identified in subdivision (h) unless
the city, county, or city and county makes a written finding that the
additional concession or incentive is not required in order to
provide for affordable housing costs as defined in Section 50052.5 of
the Health and Safety Code or for rents for the targeted units to be
set as specified in subdivision (c), or (2) provide other incentives
of equivalent financial value based upon the land cost per dwelling
unit.
(c) A developer shall agree to and the city, county, or city and
county shall ensure continued affordability of all lower income
density bonus units for 30 years or a longer period of time if
required by the construction or mortgage financing assistance
program, mortgage insurance program, or rental subsidy program.
Those units targeted for lower income households, as defined in
Section 50079.5 of the Health and Safety Code, shall be affordable at
a rent that does not exceed 30 percent of 60 percent of area median
income. Those units targeted for very low income households, as
defined in Section 50105 of the Health and Safety Code, shall be
affordable at a rent that does not exceed 30 percent of 50 percent of
area median income. If a city, county, or city and county does not
grant at least one additional concession or incentive pursuant to
paragraph (1) of subdivision (b), the developer shall agree to and
the city, county, or city and county shall ensure continued
affordability for 10 years of all lower income housing units
receiving a density bonus.
(d) A developer may submit to a city, county, or city and county a
preliminary proposal for the development of housing pursuant to this
section prior to the submittal of any formal requests for general
plan amendments, zoning amendments, or subdivision map approvals.
The city, county, or city and county shall, within 90 days of receipt
of a written proposal, notify the housing developer in writing of
the procedures under which it will comply with this section. The
city, county, or city and county shall establish procedures for
carrying out this section, which shall include legislative body
approval of the means of compliance with this section. The city,
county, or city and county shall also establish procedures for
waiving or modifying development and zoning standards which would
otherwise inhibit the utilization of the density bonus on specific
sites. These procedures shall include, but not be limited to, such
items as minimum lot size, side yard setbacks, and placement of
public works improvements.
(e) The housing developer shall show that the waiver or
modification is necessary to make the housing units economically
feasible.
(f) For the purposes of this chapter, "density bonus" means a
density increase of at least 25 percent over the otherwise maximum
allowable residential density under the applicable zoning ordinance
and land use element of the general plan as of the date of
application by the developer to the city, county, or city and county.
The density bonus shall not be included when determining the number
of housing units which is equal to 10 or 20 percent of the total.
The density bonus shall apply to housing developments consisting of
five or more dwelling units.
(g) "Housing development," as used in this section, means one or
more groups of projects for residential units constructed in the
planned development of a city, county, or city and county. For
purposes of calculating a density bonus, the residential units do not
have to be based upon individual subdivision maps or parcels. The
density bonus shall be permitted in geographic areas of the housing
development other than the areas where the units for the lower income
households are located.
(h)
For purposes of this chapter, concession or incentive means any of
the following:
(1) A reduction in site development standards or a modification of
zoning code requirements or architectural design requirements which
exceed the minimum building standards approved by the California
Building Standards Commission as provided in Part 2.5 (commencing
with Section 18901) of Division 13 of the Health and Safety Code,
including, but not limited to, a reduction in setback and square
footage requirements and in the ratio of vehicular parking spaces
that would otherwise be required.
(2) Approval of mixed use zoning in conjunction with the housing
project if commercial, office, industrial, or other land uses will
reduce the cost of the housing development and if the commercial,
office, industrial, or other land uses are compatible with the
housing project and the existing or planned development in the area
where the proposed housing project will be located.
(3) Other regulatory incentives or concessions proposed by the
developer or the city, county, or city and county which result in
identifiable cost reductions.
This subdivision does not limit or require the provision of direct
financial incentives for the housing development, including the
provision of publicly owned land, by the city, county, or city and
county, or the waiver of fees or dedication requirements.
(i) If a developer agrees to construct both 20 percent of the
total units for lower income households and 10 percent of the total
units for very low income households, the developer is entitled to
only one density bonus and at least one additional concession or
incentive identified in Section 65913.4 under this section although
the city, city and county, or county may, at its discretion, grant
more than one density bonus.
SEC. 6.5. Section 66007 of the Government Code is amended to read:
66007. (a) Except as otherwise provided in subdivision (b), any
local agency that imposes any fees or charges on a residential
development for the construction of public improvements or facilities
shall not require the payment of those fees or charges,
notwithstanding any other provision of law, until the date of the
final inspection, or the date the certificate of occupancy is issued,
whichever occurs first. However, utility service fees may be
collected at the time an application for utility service is received.
If the residential development contains more than one dwelling, the
local agency may determine whether the fees or charges shall be paid
on a pro rata basis for each dwelling when it receives its final
inspection or certificate of occupancy, whichever occurs first; on a
pro rata basis when a certain percentage of the dwellings have
received their final inspection or certificate of occupancy,
whichever occurs first; or on a lump-sum basis when the first
dwelling in the development receives its final inspection or
certificate of occupancy, whichever occurs first.
(b) Notwithstanding subdivision (a), the local agency may require
the payment of those fees or charges at an earlier time if (1) the
local agency determines that the fees or charges will be collected
for public improvements or facilities for which an account has been
established and funds appropriated and for which the local agency has
adopted a proposed construction schedule or plan prior to final
inspection or issuance of the certificate of occupancy or (2) the
fees or charges are to reimburse the local agency for expenditures
previously made. "Appropriated," as used in this subdivision, means
authorization by the governing body of the local agency for which the
fee is collected to make expenditures and incur obligations for
specific purposes.
(c) (1) If any fee or charge specified in subdivision (a) is not
fully paid prior to issuance of a building permit for construction of
any portion of the residential development encumbered thereby, the
local agency issuing the building permit may require the property
owner, or lessee if the lessee's interest appears of record, as a
condition of issuance of the building permit, to execute a contract
to pay the fee or charge, or applicable portion thereof, within the
time specified in subdivision (a). If the fee or charge is prorated
pursuant to subdivision (a), the obligation under the contract shall
be similarly prorated.
(2) The obligation to pay the fee or charge shall inure to the
benefit of, and be enforceable by, the local agency that imposed the
fee or charge, regardless of whether it is a party to the contract.
The contract shall contain a legal description of the property
affected, shall be recorded in the office of the county recorder of
the county and, from the date of recordation, shall constitute a lien
for the payment of the fee or charge, which shall be enforceable
against successors in interest to the property owner or lessee at the
time of issuance of the building permit. The contract shall be
recorded in the grantor-grantee index in the name of the public
agency issuing the building permit as grantee and in the name of the
property owner or lessee as grantor. The local agency shall record a
release of the obligation, containing a legal description of the
property, in the event the obligation is paid in full, or a partial
release in the event the fee or charge is prorated pursuant to
subdivision (a).
(3) The contract may require the property owner or lessee to
provide appropriate notification of the opening of any escrow for the
sale of the property for which the building permit was issued and to
provide in the escrow instructions that the fee or charge be paid to
the local agency imposing the same from the sale proceeds in escrow
prior to disbursing proceeds to the seller.
(d) This section applies only to fees collected by a local agency
to fund the construction of public improvements or facilities. It
does not apply to fees collected to cover the cost of code
enforcement or inspection services, or to other fees collected to pay
for the cost of enforcement of local ordinances or state law.
(e) "Final inspection" or "certificate of occupancy," as used in
this section, have the same meaning as described in Sections 305 and
307 of the Uniform Building Code, International Conference of
Building Officials, 1985 edition.
(f) Methods of complying with the requirement in subdivision (b)
that a proposed construction schedule or plan be adopted, include,
but are not limited to, (1) the adoption of the capital improvement
plan described in Section 66002, or (2) the submittal of a five-year
plan for construction and rehabilitation of school facilities
pursuant to subdivision (c) of Section 17017.5 of the Education Code.
SEC. 7. Section 66021 of the Government Code is amended to read:
66021. (a) Any party on whom a fee, tax, assessment, dedication,
reservation, or other exaction has been imposed, the payment or
performance of which is required to obtain governmental approval of a
development, as defined by Section 65927, or development project,
may protest the establishment or imposition of the fee, tax,
assessment, dedication, reservation, or other exaction as provided in
Section 66020.
(b) The protest procedures of subdivision (a) do not apply to the
protest of any tax or assessment (1) levied pursuant to a principal
act that contains protest procedures, or (2) that is pledged to
secure payment of the principal of, or interest on, bonds or other
public indebtedness.
SEC. 7.5. Section 66413.5 is added to the Government Code, to
read:
66413.5. (a) When any area in a subdivision or proposed
subdivision as to which a tentative map meeting the criteria of this
section has been approved by a board of supervisors is incorporated
into a newly incorporated city, the newly incorporated city shall
approve the final map if it meets all of the conditions of the
tentative map and meets the requirements and conditions for approval
of final maps as provided in Article 4 (commencing with Section
66456), and other requirements of this division.
(b) When any area in a subdivision or proposed subdivision as to
which a vesting tentative map meeting the criteria of this section
has been approved by a board of supervisors is incorporated into a
newly incorporated city, the newly incorporated city shall approve
the final map and give effect to the vesting tentative map as
provided in Chapter 4.5 (commencing with Section 66498.1), if the
final map meets all of the conditions of the vesting tentative map
and meets the requirements and conditions for approval of final maps
as provided in Article 4 (commencing with Section 66456), Chapter 4.5
(commencing with Section 66498.1), and other requirements of this
division.
(c) Notwithstanding subdivisions (a) and (b), the newly
incorporated city may condition or deny a permit, approval, or
extension, or entitlement if it determines either of the following:
(1) Failure to do so would place the residents of the subdivision
or the immediate community, or both, in a condition dangerous to
their health or safety, or both.
(2) The condition or denial is required, in order to comply with
state or federal law.
(d) The rights conferred by this section shall expire if a final
map application is not timely filed prior to the expiration of the
tentative or vesting tentative map. Prior to the approval of the
final map, the rights conferred by this section shall be subject to
the applicable time periods set forth in Section 66452.6, which shall
not exceed eight years from the date of the incorporation unless an
applicant and the newly incorporated city mutually agree to a longer
period provided by this division.
(e) An approved tentative map or vesting tentative map shall not
limit a newly incorporated city from imposing reasonable conditions
on subsequent required approvals or permits necessary for the
development, and authorized by the ordinances, policies, and
standards described in Section 66474.2.
(f) Except as otherwise provided in subdivision (g), this section
applies to any approved tentative map or approved vesting tentative
map that meets both of the following requirements:
(1) The application for the tentative map or the vesting tentative
map is submitted prior to the date that the first signature was
affixed to the petition for incorporation pursuant to Section 56704,
regardless of the validity of the first signature, or the adoption of
the resolution pursuant to Section 56800, whichever occurs first.
(2) The county approved the tentative map or the vesting tentative
map prior to the date of the election on the question of
incorporation.
(g) This section does not apply to any territory for which the
effective date of the incorporation is prior to January 1, 1999.
(h) It is not the intent of the Legislature to influence or affect
any litigation pending on or initiated before January 1, 1999.
SEC. 8. Section 66452.6 of the Government Code is amended to read:
66452.6. (a) (1) An approved or conditionally approved tentative
map shall expire 24 months after its approval or conditional
approval, or after any additional period of time as may be prescribed
by local ordinance, not to exceed an additional 12 months. However,
if the subdivider is required to expend one hundred twenty-five
thousand dollars ($125,000) or more to construct, improve, or finance
the construction or improvement of public improvements outside the
property boundaries of the tentative map, excluding improvements of
public rights-of-way which abut the boundary of the property to be
subdivided and which are reasonably related to the development of
that property, each filing of a final map authorized by Section
66456.1 shall extend the expiration of the approved or conditionally
approved tentative map by 36 months from the date of its expiration,
as provided in this section, or the date of the previously filed
final map, whichever is later. The extensions shall not extend the
tentative map more than 10 years from its approval or conditional
approval. However, a tentative map on property subject to a
development agreement authorized by Article 2.5 (commencing with
Section 65864) of Chapter 4 of Division 1 may be extended for the
period of time provided for in the agreement, but not beyond the
duration of the agreement. The number of phased final maps that may
be filed shall be determined by the advisory agency at the time of
the approval or conditional approval of the tentative map.
(2) The amount of one hundred twenty-five thousand dollars
($125,000) shall be increased by the registrar of contractors
according to the adjustment for inflation set forth in the statewide
cost index for class B construction, as determined by the State
Allocation Board at its January meeting. The adjustment by the
registrar of contractors shall be effective on the first day of the
month occurring more than 30 calendar days after the registrar makes
that adjustment. 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 which 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.
(d) The expiration of the approved or conditionally approved
tentative map shall terminate all proceedings and no final map or
parcel map of all or any portion of the real property included within
the tentative map shall be filed with the legislative body without
first processing a new tentative map. Once a timely filing is made,
subsequent actions of the local agency, including, but not limited
to, processing, approving, and recording, may lawfully occur after
the date of expiration of the tentative map. Delivery to the county
surveyor or city engineer shall be deemed a timely filing for
purposes of this section.
(e) Upon application of the subdivider filed prior to the
expiration of the approved or conditionally approved tentative map,
the time at which the map expires pursuant to subdivision (a) may be
extended by the legislative body or by an advisory agency authorized
to approve or conditionally approve tentative maps for a period or
periods not exceeding a total of five years. The period of extension
specified in this subdivision shall be in addition to the period of
time provided by subdivision (a). Prior to the expiration of an
approved or conditionally approved tentative map, upon an application
by the subdivider to extend that map, the map shall automatically be
extended for 60 days or until the application for the extension is
approved, conditionally approved, or denied, whichever occurs first.
If the advisory agency denies a subdivider's application for an
extension, the subdivider may appeal to the legislative body within
15 days after the advisory agency has denied the extension.
(f) For purposes of this section, a development moratorium
includes a water or sewer moratorium, or a water and sewer
moratorium, as well as other actions of public agencies which
regulate land use, development, or the provision of services to the
land, including the public agency with the authority to approve or
conditionally approve the tentative map, which thereafter prevents,
prohibits, or delays the approval of a final or parcel map. A
development moratorium shall also be deemed to exist for purposes of
this section for any period of time during which a condition imposed
by the city or county could not be satisfied because of either of the
following:
(1) The condition was one that, by its nature, necessitated action
by the city or county, and the city or county either did not take
the necessary action or by its own action or inaction was prevented
or delayed in taking the necessary action prior to 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 which 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 which 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 which 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. 8.5. Section 66477 of the Government Code is amended to read:
66477. (a) The legislative body of a city or county may, by
ordinance, require the dedication of land or impose a requirement of
the payment of fees in lieu thereof, or a combination of both, for
park or recreational purposes as a condition to the approval of a
tentative map or parcel map, if all of the following requirements are
met:
(1) The ordinance has been in effect for a period of 30 days prior
to the filing of the tentative map of the subdivision or parcel map.
(2) The ordinance includes definite standards for determining the
proportion of a subdivision to be dedicated and the amount of any fee
to be paid in lieu thereof. The amount of land dedicated or fees
paid shall be based upon the residential density, which shall be
determined on the basis of the approved or conditionally approved
tentative map or parcel map and the average number of persons per
household. There shall be a rebuttable presumption that the average
number of persons per household by units in a structure is the same
as that disclosed by the most recent available federal census or a
census taken pursuant to Chapter 17 (commencing with Section 40200)
of Part 2 of Division 3 of Title 4. However, the dedication of land,
or the payment of fees, or both, shall not exceed the proportionate
amount necessary to provide three acres of park area per 1,000
persons residing within a subdivision subject to this section, unless
the amount of existing neighborhood and community park area, as
calculated pursuant to this subdivision, exceeds that limit, in which
case the legislative body may adopt the calculated amount as a
higher standard not to exceed five acres per 1,000 persons residing
within a subdivision subject to this section.
(A) The park area per 1,000 members of the population of the city,
county, or local public agency shall be derived from the ratio that
the amount of neighborhood and community park acreage bears to the
total population of the city, county, or local public agency as shown
in the most recent available federal census. The amount of
neighborhood and community park acreage shall be the actual acreage
of existing neighborhood and community parks of the city, county, or
local public agency as shown on its records, plans, recreational
element, maps, or reports as of the date of the most recent available
federal census.
(B) For cities incorporated after the date of the most recent
available federal census, the park area per 1,000 members of the
population of the city shall be derived from the ratio that the
amount of neighborhood and community park acreage shown on the
records, maps, or reports of the county in which the newly
incorporated city is located bears to the total population of the new
city as determined pursuant to Section 11005 of the Revenue and
Taxation Code. In making any subsequent calculations pursuant to
this section, the county in which the newly incorporated city is
located shall not include the figures pertaining to the new city
which were calculated pursuant to this paragraph. Fees shall be
payable at the time of the recording of the final map or parcel map
or at a later time as may be prescribed by local ordinance.
(3) The land, fees, or combination thereof are to be used only for
the purpose of developing new or rehabilitating existing
neighborhood or community park or recreational facilities to serve
the subdivision.
(4) The legislative body has adopted a general plan or specific
plan containing policies and standards for parks and recreation
facilities, and the park and recreational facilities are in
accordance with definite principles and standards.
(5) The amount and location of land to be dedicated or the fees to
be paid shall bear a reasonable relationship to the use of the park
and recreational facilities by the future inhabitants of the
subdivision.
(6) The city, county, or other local public agency to which the
land or fees are conveyed or paid shall develop a schedule specifying
how, when, and where it will use the land or fees, or both, to
develop park or recreational facilities to serve the residents of the
subdivision. Any fees collected under the ordinance shall be
committed within five years after the payment of the fees or the
issuance of building permits on one-half of the lots created by the
subdivision, whichever occurs later. If the fees are not committed,
they, without any deductions, shall be distributed and paid to the
then record owners of the subdivision in the same proportion that the
size of their lot bears to the total area of all lots within the
subdivision.
(7) Only the payment of fees may be required in subdivisions
containing 50 parcels or less, except that when a condominium
project, stock cooperative, or community apartment project, as those
terms are defined in Section 1351 of the Civil Code, exceeds 50
dwelling units, dedication of land may be required notwithstanding
that the number of parcels may be less than 50.
(8) Subdivisions containing less than five parcels and not used
for residential purposes shall be exempted from the requirements of
this section. However, in that event, a condition may be placed on
the approval of a parcel map that if a building permit is requested
for construction of a residential structure or structures on one or
more of the parcels within four years, the fee may be required to be
paid by the owner of each parcel as a condition of the issuance of
the permit.
(9) If the subdivider provides park and recreational improvements
to the dedicated land, the value of the improvements together with
any equipment located thereon shall be a credit against the payment
of fees or dedication of land required by the ordinance.
(b) Land or fees required under this section shall be conveyed or
paid directly to the local public agency which provides park and
recreational services on a communitywide level and to the area within
which the proposed development will be located, if that agency
elects to accept the land or fee. The local agency accepting the
land or funds shall develop the land or use the funds in the manner
provided in this section.
(c) If park and recreational services and facilities are provided
by a public agency other than a city or a county, the amount and
location of land to be dedicated or fees to be paid shall, subject to
paragraph (2) of subdivision (a), be jointly determined by the city
or county having jurisdiction and that other public agency.
(d) This section does not apply to commercial or industrial
subdivisions or to condominium projects or stock cooperatives that
consist of the subdivision of airspace in an existing apartment
building that is more than five years old when no new dwelling units
are added.
(e) Common interest developments, as defined in Section 1351 of
the Civil Code, shall be eligible to receive a credit, as determined
by the legislative body, against the amount of land required to be
dedicated, or the amount of the fee imposed, pursuant to this
section, for the value of
private open space within the development which is usable for active
recreational uses.
(f) Park and recreation purposes shall include land and facilities
for the activity of "recreational community gardening," which
activity consists of the cultivation by persons other than, or in
addition to, the owner of the land, of plant material not for sale.
(g) This section shall be known and may be cited as the Quimby
Act.
SEC. 9. Section 66498.5 of the Government Code is amended to read:
66498.5. (a) If a subdivider does not seek the rights conferred
by this chapter, the filing of a vesting tentative map shall not be a
prerequisite to any approval for any proposed subdivision, permit
for construction, or work preparatory to construction.
(b) The rights conferred by a vesting tentative map as provided by
this chapter shall last for an initial time period, as provided by
ordinance, but shall not be less than one year or more than two years
beyond the recording of the final map. Where several final maps are
recorded on various phases of a project covered by a single vesting
tentative map, the one-year initial time period shall begin for each
phase when the final map for that phase is recorded.
(c) The initial time period shall be automatically extended by any
time used by the local agency for processing a complete application
for a grading permit or for design or architectural review, if the
time used by the local agency to process the application exceeds 30
days from the date that a complete application is filed. At any time
prior to the expiration of the initial time period provided by this
section, the subdivider may apply for a one-year extension. If the
extension is denied by an advisory agency, the subdivider may appeal
that denial to the legislative body within 15 days.
(d) If the subdivider submits a complete application for a
building permit during the periods of time specified in subdivision
(c), the rights conferred by this chapter shall continue until the
expiration of that permit, or any extension of that permit granted by
the local agency.
SEC. 10. Section 17959.3 of the Health and Safety Code is amended
to read:
17959.3. (a) It is the intent of the Legislature to encourage the
use of passive solar energy design. The Legislature recognizes that
building code regulations with regard to natural light and
ventilation standards have to be modified to permit existing
buildings to be retrofitted with passive solar energy.
(b) Notwithstanding Section 17922, any city or county may by
ordinance or regulation permit windows required for light and
ventilation of habitable rooms in dwellings to open into areas
provided with natural light and ventilation which are designed and
built to act as passive solar energy collectors.
(c) On or before September 1, 1999, the department shall, after
consulting with the State Energy Resources Conservation and
Development Commission, prepare, adopt, and submit building standards
to implement the provisions of this section for approval as part of
the California Building Standards Code pursuant to Chapter 4
(commencing with Section 18935) of Part 2.5.
(d) This section shall remain in effect only until September 1,
1999, and as of that date shall become inoperative, and on January 1,
2000, shall be repealed unless a later enacted statute, which is
enacted before September 1, 1999, deletes or extends those dates.
SEC. 11. Section 18035.3 of the Health and Safety Code is amended
to read:
18035.3. (a) For every sale by a dealer of a new or used
manufactured home or mobilehome, either the purchase order,
conditional sale contract, or other document evidencing the purchase
thereof, or any attachment to a purchase document signed and dated by
the purchaser, shall contain all of the following:
(1) A description of the manufactured home or mobilehome, a
description and the cash price of each accessory, structure, or
service included with the purchase, and the total cash price for the
purchase. The statement shall also state whether the purchase price
includes or excludes the towbar, wheels, wheel hubs, tires, and axles
and, if they are not included in the purchase price, the price of
each shall be listed.
(2) The amount, if any, charged by the dealer for documentary
preparation and, if a documentary preparation charge is imposed, a
notice advising the purchaser that the charge is not a governmental
fee.
(3) A notice in type no smaller than 8-point that complaints
concerning the purchase shall be referred to the dealer and, if the
complaint is not resolved, may be referred to the Department of
Housing and Community Development, Division of Codes and Standards,
Occupational Licensing. The notice shall contain the current address
and telephone number of the department.
(4) A notice, in at least 10-point boldface type reading as
follows:
(A) Do NOT sign the purchase agreement before you read it or if it
contains any blank spaces to be filled in.
(B) You are entitled to a completely filled-in copy of that
agreement and, if purchasing a manufactured home or mobilehome
covered by a warranty, a copy of the warranty.
(5) The name, business address, and contractor's license number of
the licensed contractor whom the dealer certifies as performing the
installation of the manufactured home or mobilehome pursuant to
subdivision (c) of Section 7026.2 of the Business and Professions
Code.
(6) The disclosures required by this subdivision need not be
contained in the same document.
(b) A failure to disclose pursuant to this section shall not be
the basis for rescission of a conditional sales contract.
(c) Notwithstanding any other provision of this part to the
contrary, a failure to provide the disclosures specified in paragraph
(5) of subdivision (a) is a ground for disciplinary action and not a
criminal offense.
(d) If the dealer is also licensed as a real estate broker, the
sale of a manufactured home or mobilehome being installed on a
foundation system pursuant to Section 18551 may be included in the
purchase document for the underlying real property, if the
requirements of this section are met.
SEC. 12. Section 18062.2 of the Health and Safety Code is amended
to read:
18062.2. It is also unlawful for a dealer to do any of the
following:
(a) Engage in the business for which the dealer is licensed
without at all times maintaining an established place of business.
(b) Employ any person as a salesperson who is not licensed
pursuant to this part, or whose license or 90-day certificate is not
displayed on the premises of the dealer as provided in Section 18063.
(c) Permit the use of the dealer's license, supplies, or books by
any other person for the purpose of permitting that person to engage
in the sale of manufactured homes, mobilehomes, or commercial
coaches, or to permit the use of the dealer's license, supplies, or
books to operate a secondary location to be used by any other person,
if the licensee has no financial or equitable interest or investment
in the manufactured homes, mobilehomes, or commercial coaches sold
by, or the business of, or secondary location used by, the person, or
has no such interest or investment other than commissions,
compensations, fees, or any other thing of value received for the use
of the dealer's license, supplies, or books to engage in the sale of
manufactured homes, mobilehomes, or commercial coaches.
(d) Advertise any specific manufactured home, mobilehome, or
commercial coach for sale without identifying the manufactured home,
mobilehome, or commercial coach by its serial number or by the number
on its federal label or insignia of approval issued by the
department.
(e) Advertise the total price of a manufactured home, mobilehome,
or commercial coach without including all costs to the purchaser at
the time of delivery at the dealer's premises, except sales tax,
title and registration fees, finance charges, and any dealer
documentary preparation charge. The dealer documentary preparation
charge shall not exceed twenty dollars ($20).
(f) Exclude from the advertisement of a manufactured home,
mobilehome, or commercial coach for sale information to the effect
that there will be added to the advertised total price at the time of
sale, charges for sales tax, title and registration fees, escrow
fees, and any dealer documentary preparation charge.
(g) Represent the dealer documentary preparation charge as a
governmental fee.
(h) Refuse to sell the manufactured home, mobilehome, or
commercial coach to any person at the advertised total price for that
manufactured home, mobilehome, or commercial coach, exclusive of
sales tax, title fee, finance charges, and dealer documentary
preparation charge, which charge shall not exceed twenty dollars
($20), while it remains unsold, unless the advertisement states the
advertised total price is good only for a specified time and that
time has elapsed.
(i) Not post the salesperson's license in a place conspicuous to
the public on the premises where they are actually engaged in the
selling of manufactured homes, mobilehomes, and commercial coaches
for the employing dealer. The license shall be displayed
continuously during their employment. If a salesperson's employment
is terminated, the dealer shall return the license to the
salesperson.
(j) Offer for sale, rent, or lease within this state a new
manufactured home, mobilehome, or commercial coach whose manufacturer
is not licensed under this part.
(k) To violate Section 798.71 or 798.74 of the Civil Code, or
both.
SEC. 13. Section 18070.5 of the Health and Safety Code is amended
to read:
18070.5. When the department has caused payment to be made from
the fund to a judgment creditor, the department shall be subrogated
to the rights of the judgment creditor.
SEC. 14. Section 18202 of the Health and Safety Code is repealed.
SEC. 15. Section 50710.2 is added to the Health and Safety Code,
to read:
50710.2. (a) Notwithstanding Section 1941.3 of the Civil Code,
the department may delay until December 31, 2000, the installation of
window and door locks on the four Office of Migrant Services centers
that the department plans to reconstruct. The four centers are
Williams in Colusa County, Shafter in Kern County, and Empire and
Westley in Stanislaus County.
(b) This section shall remain in effect only until January 1, 2001,
and as of that date is repealed, unless a later enacted statute,
that is enacted before January 1, 2001, deletes or extends that date.
SEC. 16. Section 423.3 of the Revenue and Taxation Code is amended
to read:
423.3. Any city or county may allow land subject to an
enforceable restriction under the Williamson Act or a migratory
waterfowl habitat contract to be assessed in accordance with one or
more of the following:
(a) Land specified in subdivision (a) of Section 16142 of the
Government Code shall be assessed at the value determined as provided
in Section 423, but not to exceed a uniformly applied percentage of
its base year value pursuant to Section 110.1, adjusted to reflect
the percentage change in the cost of living not to exceed 2 percent
per year. In no event shall that percentage be less than 70 percent.
(b) Prime commercial rangeland shall be assessed at the value
determined as provided in Section 423, but not to exceed a uniformly
applied percentage of its base year value pursuant to Section 110.1,
adjusted to reflect the percentage change in the cost of living not
to exceed 2 percent per year. In no event shall that percentage be
less than 80 percent.
For purposes of this subdivision, "prime commercial rangeland"
means rangeland which meets all of the following physical-chemical
parameters:
(1) Soil depth of 12 inches or more.
(2) Soil texture of fine sandy loam to clay.
(3) Soil permeability of rapid to slow.
(4) Soil with at least 2.5 inches of available water holding
capacity in profile.
(5) A slope of less than 30 percent.
(6) A climate with 80 or more frost-free days per year.
(7) Ten inches or more average annual precipitation.
(8) When managed at potential, the land generally requires less
than 17 acres to support one animal unit per year.
Property owners of land specified in this subdivision, shall
demonstrate that their land falls within the above definition when
requested by the city or county.
(c) Land specified in subdivision (b) of Section 16142 of the
Government Code shall be assessed at the value determined as provided
in Section 423, but not to exceed a uniformly applied percentage of
its base year value pursuant to Section 110.1, adjusted to reflect
the percentage change in the cost of living not to exceed 2 percent
per year. In no event shall that percentage be less than 90 percent.
(d) Waterfowl habitat shall be assessed at the value determined as
provided in Section 423.7 but not to exceed a uniformly applied
percentage of its base year value pursuant to Section 110.1, adjusted
to reflect the percentage change in the cost of living not to exceed
2 percent per year. In no event shall that percentage be less than
90 percent.
SEC. 17. Section 1.4 of this act shall become operative only if
Senate Bill 1156 is chaptered and becomes effective on or before
January 1, 1999.
SEC. 18. If Assembly Bill 2055 is chaptered and becomes effective
on or before January 1, 1999, Sections 3 and 4 of this act shall not
become operative.