Bill Text: CA SB634 | 2023-2024 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Low Barrier Navigation Center: opportunity housing: use by right: building standards.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Failed) 2024-02-01 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB634 Detail]

Download: California-2023-SB634-Amended.html

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Amended  IN  Senate  March 22, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill

No. 634

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Introduced by Senator Becker

February 16, 2023

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An act to add Article 11.1 (commencing with Section 65657) to Chapter 3 of Division 1 of Title 7 of the Government Code, and to add Section 17922.16 to the Health and Safety Code, relating to housing.

LEGISLATIVE COUNSEL'S DIGEST

SB 634, as amended, Becker. Housing: interim supportive housing. Opportunity housing: use by right: building standards.

The Planning and Zoning Law requires the legislative body of each county and city to adopt a comprehensive, long-term general plan for the physical development of the county or city that includes, among other mandatory elements, a housing element. Under that law, supportive housing, as defined, is a use by right in zones where multifamily and mixed uses are permitted if the developer provides the planning agency with a plan for providing supportive services and the proposed housing development meets specified criteria.

This bill would make an opportunity housing project, as defined, a use by right in all areas regardless of zoning. The bill would define “opportunity housing project” to mean a housing project that (1) provides noncongregate housing, (2) creates housing units are not permanently affixed to the parcel and are relocatable, and (3) residence in the opportunity housing is reserved for one or more target populations. The bill would define “use by right” to mean that the city or county’s review of the opportunity housing project may not require a conditional use permit, planned unit development permit, or other discretionary city or county review or approval that would constitute a “project” for purposes of the California Environmental Quality Act, as specified. Because the bill would impose new requirements on local governments in the review and approval of opportunity housing projects, the bill would impose a state-mandated local program.

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 does not apply to the approval of ministerial projects.

By requiring the approval of opportunity housing projects as a use by right, the bill would expand the exemption for approval of ministerial projects under CEQA.

Existing law prescribes requirements for the disposal of surplus land by a local agency, as defined. Existing law defines “surplus land” as land owned in fee simple by any local agency for which the local agency’s governing body takes formal action in a regular public meeting declaring that the land is surplus and is not necessary for the agency’s use. Existing law requires land to be declared surplus land or exempt surplus land before a local agency takes any action to dispose of it consistent with the agency’s policies or procedures.

This bill would authorize an opportunity housing project proponent to submit a request to any local agency regarding any parcel owned by the local agency to inquiry whether the parcel is suitable for an opportunity housing project. The bill would require a local agency to respond to the request within 60 days with a determination of whether the parcel has a demonstrable use within the next 5 years, its suitability for an opportunity housing project, and whether the local agency is willing to negotiate a lease or license agreement with the opportunity housing project proponent for the parcel.

Existing law, the California Building Standards Law, establishes the California Building Standards Commission within the Department of General Services. Existing law requires the commission to approve and adopt building standards and to codify those standards in the California Building Standards Code.

This bill would provide that an opportunity housing project subject to the bill’s provisions is also subject to specified emergency housing standards established by the California Building Code, which is part of the California Building Standards Code, and any future standards adopted by the Department of Housing and Community Development related to emergency housing or emergency housing facilities, as specified.

The bill would require the Department of Housing and Community Development to investigate possible changes to the above-described emergency housing standards established by the California Building Code for health, safety, and fire standards that could unnecessarily increase project construction costs for opportunity housing projects. The bill would authorize the department to propose changes to those building standards for consideration by the California Building Standards Commission if the department determines that changes can be incorporated to reduce the unnecessary construction costs for opportunity housing projects.

The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.

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, the Planning and Zoning Law, requires the legislative body of each county and city to adopt a comprehensive, long-term general plan for the physical development of the county or city that includes, among other mandatory elements, a housing element. Existing law requires that supportive housing, as defined, be a use by right under that law in zones where multifamily and mixed uses are permitted, if the proposed housing development meets certain conditions, including affordability requirements. Existing law also requires that a Low Barrier Navigation Center development, as defined, be a use by right under that law in areas zoned for mixed-use and nonresidential zones permitting multifamily uses, if the proposed development meets certain conditions.

This bill would express the intent of the Legislature to enact subsequent legislation relating to interim supportive housing.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NOYES  

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Bill Text

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

SECTION 1.

 The Legislature finds and declares all of the following:

(a) California faces a severe housing crisis that has made housing unaffordable for too many Californians and, in turn, exacerbated the problem of homelessness.

(b) The cost to build traditionally constructed permanent housing in California is on average $600,000 per unit and rising with inflation.

(c) A significant portion of that cost is driven by the high cost of land.

(d) Even if ample financial resources were available, the time required building sufficient supply of traditionally built housing will be many years at least, and the housing crisis is now.

(e) The impact and trauma of residing on the streets and in encampments causes or exacerbates mental, physical, and behavioral health issues, making it more and more difficult for individual experiencing homelessness to return to self-sufficiency, thus the housing shortage and homelessness crisis must be addressed urgently.

(f) Vacant land that rests unused is a squandered asset that could be put to more productive interim uses.

(g) Current law allows housing developments to be designed pursuant to the requirements of Appendix P of the California Building Code (Part 2 of Title 24 of the California Code of Regulations) provided that the city or county declares a shelter crisis and the land is publicly owned.

(h) Appendix P of the California Building Code allows housing to be built far more rapidly and cost-effectively than traditionally constructed permanent housing.

(i) The dramatically lower cost to construct relocatable housing using Appendix P of the California Building Code enables the development of housing that can be funded by private investment funds, and does not require tax credits, project-based vouchers, or other funding sources that are in scarce supply and are required for financing permanent buildings.

(j) Attracting private capital to fund very low income housing would be additive to the housing system without diverting badly needed resources from traditional permanent housing development.

(k) Housing that is not permanently affixed, or opportunity housing, has been used as a form of noncongregate shelter for short term durations and thus, residents are still considered “homeless” and the programs are funded by the shelter system.

SEC. 2.

 Article 11.1 (commencing with Section 65657) is added to Chapter 3 of Division 1 of Title 7 of the Government Code, to read:

Article  11.1. Opportunity Housing Projects

65657.

 For purposes of this article:

(a) “Local agency” means every city, whether organized under general law or by charter, county, city and county, district, including school, sewer, water, utility, and local and regional park districts of any kind or class, joint powers authority, successor agency to a former redevelopment agency, housing authority, or other political subdivision of this state and any instrumentality thereof that is empowered to acquire and hold real property.

(b) “Opportunity housing project” means a housing project that meets all of the following requirements:

(1) The project provides noncongregate housing.

(2) The housing units are not permanently affixed to the parcel and are relocatable.

(3) Residence in the opportunity housing is reserved for one or more target populations.

(c) “Target population” means either of the following:

(1) Very low income households, as defined in Section 50105 of the Health and Safety Code.

(2) Individuals and families who are homeless or who are at risk of homelessness. For purposes of this paragraph “individuals and families who are homeless or who are at risk of homelessness” means persons and families that meet the qualifying definitions under Section 578.3 of Title 24 of the Code of Federal Regulations.

(d) “Use by right” means that the city’s or county’s review of the opportunity housing project may not require a conditional use permit, planned unit development permit, or other discretionary city or county review or approval that would constitute a “project” for purposes of Division 13 (commencing with Section 21000) of the Public Resources Code.

65657.1.

 (a) An opportunity housing project shall be a use by right in all zones, regardless of the zoning of the site if the project is located on a parcel that has no demonstrable use within the next five years.

(b) A city or county may adopt an ordinance to implement this section and specify the process and requirements applicable to opportunity housing projects, provided that the ordinance is consistent with, and does not inhibit the objectives of, this article.

65657.2.

 (a) In lieu of compliance with local building approval procedures or state housing, health, habitability, planning and zoning, or safety standards, procedures, and laws, an opportunity housing project shall be subject to the standards provided in Appendix P of the California Building Code (Part 2 of Title 24 of the California Code of Regulations) and any future standards adopted by the Department of Housing and Community Development related to emergency housing or emergency housing facilities.

(b) Notwithstanding Section P103.1 of the California Building Code, all of the following shall apply:

(1) Subdivision (a) shall apply to an opportunity housing project regardless of whether any declaration of state of emergency, local emergency, or shelter crisis exists.

(2) An opportunity housing project constructed pursuant to this chapter may be occupied regardless of whether any declaration of state of emergency, local emergency, or shelter crisis exists.

(3) An opportunity housing project may be located on land that is either privately or publicly owned.

(c) An opportunity housing project that utilizes this section shall be located on a parcel that has no demonstrable use within the next five years.

(d) (1) Nothing in this section shall be deemed to suspend landlord tenant laws codified in Sections 1941 to 1942.5, inclusive, of the Civil Code providing a cause of action for habitability or tenantability.

(2) Nothing in this section shall be deemed to declare, or put into effect, a state of emergency, local emergency, or local shelter crisis pursuant to Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 or Chapter 7.8 (commencing with Section 8698) of Division 1 of Title 2.

65657.3.

 (a) An opportunity housing project proponent may submit a request to any local agency regarding any parcel owned by the local agency to inquiry whether the parcel is suitable for an opportunity housing project. Upon receipt of a request, the local agency shall respond to the request with one of the following determinations:

(1) The parcel has a demonstrable use within the next five years and is not suitable for an opportunity housing project.

(2) The parcel will be deemed surplus land within the next five years, pursuant to Article 8 (commencing with Section 54220) of Chapter 5 of Part 1 of Division 2 of Title 5.

(3) The parcel has no demonstrable use within the next five years, but the parcel is not otherwise suitable for an opportunity housing project.

(4) The parcel has no demonstrable use within the next five years, but the local agency is not willing to negotiate a lease or license agreement with the opportunity housing project proponent for the parcel. A response pursuant to this paragraph shall include a justifiable reason for not leasing the parcel to the opportunity housing project proponent.

(5) The parcel has no demonstrable use within the next five years and the local agency is willing to negotiate a lease or license agreement with the opportunity housing project proponent for the parcel.

(b) A local agency shall respond to a request submitted pursuant to this section within 60 days.

65657.4.

 The Legislature finds and declares that this article addresses a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this article applies to all cities, including charter cities.

SEC. 3.

 Section 17922.16 is added to the Health and Safety Code, to read:

17922.16.

 (a) At the next triennial building standards rulemaking cycle that commences on or after January 1, 2024, the Department of Housing and Community Development shall investigate possible changes to Appendix P of the California Building Code (Part 2 of Title 24 of the California Code of Regulations) for health, safety, and fire standards that could unnecessarily increase project construction costs for opportunity housing projects.

(b) If the department determines that changes can be incorporated into Appendix P of the California Building Code (Part 2 of Title 24 of the California Code of Regulations) to reduce the unnecessary construction costs for opportunity housing projects, the department may propose those changes to the building standards for consideration by the California Building Standards Commission.

(c) For purposes of this section, “opportunity housing project” means the same as defined in Section 65657 of the Government Code.

SEC. 4.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.

SECTION 1.

It is the intent of the Legislature to enact subsequent legislation relating to interim supportive housing.