Official Summary Text
SB 677, as amended, Wiener.
Housing development: transit-oriented development.
Land use: housing development approvals: tax-exempt private activity bonds: subdivisions: tentative and final maps: appeals.
Existing law, the Housing Accountability Act (act), among other things, prohibits a local agency from disapproving, or conditioning approval in a manner that renders infeasible, a housing development project for very low, low-, or moderate-income households unless the local agency makes written findings as to one of certain sets of conditions, as specified. The act defines the term “disapprove the housing development project” for its purposes to include various actions, or inactions, by a local agency, as specified.
This bill would expand the definition of “disapprove the housing development project” under the act to include, in the case of a housing development project that includes the issuance of tax-exempt private activity bonds, a local agency’s failure to
take the actions required by certain federal tax regulations in connection with the issuance of those tax-exempt private activity bonds. The bill would specify that these provisions do not require a local agency to take any action that would result in it incurring any financial liability, debt, or obligation. By mandating new duties on local agencies with respect to housing development projects that include the issuance of tax-exempt private activity bonds, this bill would impose a state-mandated local program.
Existing law, the Subdivision Map Act, provides for the approval of tentative and final parcel maps by various local officials, as specified. The act authorizes an appeal of the local official’s decision to the local legislative body, as provided.
This bill would create an exception from the above-described
authority as it applies to appeals by an interested person for maps that meet specified criteria, as provided. The bill would exempt from these provisions an appeal filed by an applicant, subdivider, tenant, advisory agency, or public agency or official, as specified.
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.
Existing law requires that a housing development project, as defined, within a specified distance of a transit-oriented development (TOD) stop, as defined, be an allowed use as a transit-oriented housing development on any site zoned for residential, mixed, or commercial development, if the development complies with certain applicable requirements, as provided. Among these requirements, existing law establishes requirements concerning height limits, density, and residential floor area ratio in accordance with a development’s proximity to specified tiers of TOD stops, as provided, and requires a development to meet specified labor standards that require that a specified affidavit be signed under penalty of perjury, under specified circumstances. Existing law specifies that a development proposed pursuant to
these provisions is eligible for streamlined, ministerial approval, as provided. Existing law defines, among other terms, the term “high-frequency commuter rail” for purposes of these provisions to mean a commuter rail service operating a total of at least 48 trains per day across both directions, not including temporary service changes of less than one month or unplanned disruptions, and not meeting the standard for very high frequency commuter rail, at any point in the past three years. Existing law also defines the term “Tier 2 transit-oriented development stop” for these purposes to mean a TOD stop within an urban transit county, as defined, excluding a Tier 1 transit-oriented development stop, as defined, served by light rail transit, by high-frequency commuter rail, or by bus service meeting specified standards.
This bill would revise the definition of
“high-frequency commuter rail” to instead mean a public commuter or intercity rail station with a total of at least 48 passenger trains on average per weekday across all directions, not including temporary service changes of less than one month or unplanned disruptions, and not meeting the standard for very high frequency commuter rail, at any point in the past three years. By increasing the duties of local officials, and by expanding the crime of perjury, 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 specified
reasons.