California 2017-2018 Regular Session Status: Enacted 5 D cosponsors

SB 35 — Planning and zoning: affordable housing: streamlined approval process.

Last action — Chaptered by Secretary of State. Chapter 366, Statutes of 2017.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed Assembly
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced December 05, 2016. Enacted.

Prognosis

Likely to advance 82% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 12 sponsors

    1 primary, 11 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (5 D).

  • Cleared a recorded vote

    Passed 1 recorded vote so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

(1) The Planning and Zoning Law requires a city or county to adopt a general plan for land use development within its boundaries that includes, among other things, a housing element. The Planning and Zoning Law requires a planning agency, after a legislative body has adopted all or part of a general plan, to provide an annual report to the legislative body, the Office of Planning and Research, and the Department of Housing and Community Development on the status of the general plan and progress in meeting the community's share of regional housing needs. Existing law requires the housing element portion of the annual report to be prepared through the use of forms and definitions adopted by the department pursuant to the Administrative Procedure Act. This bill would require the housing element portion of the annual report to be prepared through the use of standards, forms, and definitions adopted by the department. The bill would eliminate the requirement that the forms and definitions be adopted by the department pursuant to the Administrative Procedure Act and would instead authorize the department to review, adopt, amend, and repeal the standards, forms, or definitions, as provided. The bill would also require the planning agency to include in its annual report specified information regarding units of net new housing, including rental housing and for-sale housing that have been issued a completed entitlement, building permit, or certificate of occupancy. The bill would also require the Department of Housing and Community Development to post an annual report submitted pursuant to the requirement described above on its Internet Web site, as provided. (2) Existing law requires an attached housing development to be a permitted use, not subject to a conditional use permit, on any parcel zoned for multifamily housing if at least certain percentages of the units are available at affordable housing costs to very low income, lower income, and moderate-income households for at least 30 years and if the project meets specified conditions relating to location and being subject to a discretionary decision other than a conditional use permit. Existing law provides for various incentives intended to facilitate and expedite the construction of affordable housing. This bill would authorize a development proponent to submit an application for a multifamily housing development, which satisfies specified planning objective standards, that is subject to a streamlined, ministerial approval process, as provided, and not subject to a conditional use permit. The bill would require a local government to notify the development proponent in writing if the local government determines that the development conflicts with any of those objective standards by a specified time; otherwise, the development is deemed to comply with those standards. The bill would limit the authority of a local government to impose parking standards or requirements on a streamlined development approved pursuant to these provisions, as provided. The bill would provide that if a local government approves a project pursuant to that process, that approval will not expire if that project includes investment in housing affordability, and would otherwise provide that the approval of a project expire automatically after 3 years, unless that project qualifies for a one-time, one-year extension of that approval. The bill would provide that approval pursuant to its provisions would remain valid for three years and remain valid thereafter so long as vertical construction of the development has begun and is in progress, and would authorize a discretionary one-year extension, as provided. The bill would prohibit a local government from adopting any requirement that applies to a project solely or partially on the basis that the project receives ministerial or streamlined approval pursuant to these provisions. The bill would repeal these provisions as of January 1, 2026. (3) The bill would make findings that ensuring access to affordable housing is a matter of statewide concern and declare that its provisions would apply to all cities and counties, including a charter city, a charter county, or a charter city and county. (4) By imposing new duties upon local agencies with respect to the streamlined approval process and reporting requirement described above, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. (5) This bill would incorporate additional changes to Section 65400 of the Government Code proposed by AB 879 to be operative only if this bill and AB 879 are enacted and this bill is enacted last. This bill would incorporate additional changes to Section 65582.1 of the Government Code proposed by AB 73 to be operative only if this bill and AB 73 are enacted and this bill is enacted last.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 366, Statutes of 2017.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 3 p.m.

  4. Assembly amendments concurred in. (Ayes 23. Noes 14. Page 2958.) Ordered to engrossing and enrolling.

  5. In Senate. Concurrence in Assembly amendments pending.

  6. Read third time. Passed. (Ayes 47. Noes 27. Page 3420.) Ordered to the Senate.

  7. Ordered to third reading.

  8. Withdrawn from committee.

  9. Assembly Rule 63 and 96 suspended. (Ayes 53. Noes 25. Page 3417.)

  10. From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.

  11. From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.

  12. Coauthors revised.

  13. From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.

  14. From committee: Do pass and re-refer to Com. on RLS. (Ayes 5. Noes 1.) (July 12). Re-referred to Com. on RLS.

  15. Read second time and amended. Re-referred to Com. on H. & C.D.

  16. From committee: Do pass as amended and re-refer to Com. on H. & C.D. (Ayes 6. Noes 2.) (June 28).

  17. From committee with author's amendments. Read second time and amended. Re-referred to Com. on L. GOV.

  18. Referred to Coms. on L. GOV. and H. & C.D.

  19. In Assembly. Read first time. Held at Desk.

  20. Read third time. Passed. (Ayes 25. Noes 12. Page 1396.) Ordered to the Assembly.

  21. Published May 26 at 2 p.m.

  22. Read second time and amended. Ordered to third reading.

  23. From committee: Do pass as amended. (Ayes 5. Noes 2. Page 1176.) (May 25).

  24. Set for hearing May 25.

  25. May 22 hearing: Placed on APPR. suspense file.

  26. Set for hearing May 22.

  27. May 15 hearing postponed by committee.

  28. Set for hearing May 15.

  29. Re-referred to Com. on APPR.

  30. Withdrawn from committee.

  31. From committee: Do pass and re-refer to Com. on RLS. (Ayes 4. Noes 2. Page 884.) (April 26). Re-referred to Com. on RLS.

  32. Set for hearing April 26.

  33. From committee with author's amendments. Read second time and amended. Re-referred to Com. on GOV. & F.

  34. From committee with author's amendments. Read second time and amended. Re-referred to Com. on GOV. & F.

  35. From committee with author's amendments. Read second time and amended. Re-referred to Com. on GOV. & F.

  36. From committee: Do pass and re-refer to Com. on GOV. & F. (Ayes 7. Noes 3. Page 327.) (March 7). Re-referred to Com. on GOV. & F.

  37. Set for hearing March 7.

  38. February 28 hearing postponed by committee.

  39. Set for hearing February 28.

  40. Re-referred to Coms. on T. & H. and GOV. & F.

  41. From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.

  42. Referred to Com. on RLS.

  43. From printer. May be acted upon on or after January 5.

  44. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 11 co-sponsors · 110 not signed on · 4 voted No

Sponsors (1)

Co-sponsors (11)

Not signed on (110)

110 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Unfinished Business SB35 Wiener et al. Concurrence

Passed 23 Yea · 14 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 211103
Democratic 2300
Total 231403
% of votes cast 58%35%0%8%
How each member voted (40)
Member Party Vote
Hertzberg — Yea
Hueso — Yea
Monning — Yea
Moorlach — Nay
Newman — Nay
Roth — Yea
Wieckowski — Not Voting
Wilk — Nay
Glazer — Nay
Cannella — Yea
Portantino — Nay
Allen — Yea
Atkins — Yea
Hernandez — Yea
Hill — Yea
Mitchell — Yea
De León — Yea
Lara — Yea
Leyva — Yea
Mendoza — Nay
Morrell — Nay
Nielsen — Nay
Pan — Yea
Anderson — Yea
Bates — Nay
Beall — Yea
Bradford — Yea
Skinner — Yea
Vidak — Yea
Dodd — Yea
Fuller — Nay
Galgiani — Yea
Beth Gaines — Not Voting
Bill Berryhill — Not Voting
Mark Stone — Nay
Jackson, Corey A. Democratic Nay
McGuire, Mike Democratic Nay
Nguyen, Stephanie Democratic Yea
Stern, Henry I. Democratic Nay
Wiener, Scott D. Democratic Yea

Official roll call →

Subjects

housing
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 35 do?
(1) The Planning and Zoning Law requires a city or county to adopt a general plan for land use development within its boundaries that includes, among other things, a housing element. The Planning and Zoning Law requires a planning agency, after a legislative body has adopted all or part of a general plan, to provide an annual report to the legislative body, the Office of Planning and Research, and the Department of Housing and Community Development on the status of the general plan and progress in meeting the community's share of regional housing needs. Existing law requires the housing element portion of the annual report to be prepared through the use of forms and definitions adopted by the department pursuant to the Administrative Procedure Act. This bill would require the housing element portion of the annual report to be prepared through the use of standards, forms, and definitions adopted by the department. The bill would eliminate the requirement that the forms and definitions be adopted by the department pursuant to the Administrative Procedure Act and would instead authorize the department to review, adopt, amend, and repeal the standards, forms, or definitions, as provided. The bill would also require the planning agency to include in its annual report specified information regarding units of net new housing, including rental housing and for-sale housing that have been issued a completed entitlement, building permit, or certificate of occupancy. The bill would also require the Department of Housing and Community Development to post an annual report submitted pursuant to the requirement described above on its Internet Web site, as provided. (2) Existing law requires an attached housing development to be a permitted use, not subject to a conditional use permit, on any parcel zoned for multifamily housing if at least certain percentages of the units are available at affordable housing costs to very low income, lower income, and moderate-income households for at least 30 years and if the project meets specified conditions relating to location and being subject to a discretionary decision other than a conditional use permit. Existing law provides for various incentives intended to facilitate and expedite the construction of affordable housing. This bill would authorize a development proponent to submit an application for a multifamily housing development, which satisfies specified planning objective standards, that is subject to a streamlined, ministerial approval process, as provided, and not subject to a conditional use permit. The bill would require a local government to notify the development proponent in writing if the local government determines that the development conflicts with any of those objective standards by a specified time; otherwise, the development is deemed to comply with those standards. The bill would limit the authority of a local government to impose parking standards or requirements on a streamlined development approved pursuant to these provisions, as provided. The bill would provide that if a local government approves a project pursuant to that process, that approval will not expire if that project includes investment in housing affordability, and would otherwise provide that the approval of a project expire automatically after 3 years, unless that project qualifies for a one-time, one-year extension of that approval. The bill would provide that approval pursuant to its provisions would remain valid for three years and remain valid thereafter so long as vertical construction of the development has begun and is in progress, and would authorize a discretionary one-year extension, as provided. The bill would prohibit a local government from adopting any requirement that applies to a project solely or partially on the basis that the project receives ministerial or streamlined approval pursuant to these provisions. The bill would repeal these provisions as of January 1, 2026. (3) The bill would make findings that ensuring access to affordable housing is a matter of statewide concern and declare that its provisions would apply to all cities and counties, including a charter city, a charter county, or a charter city and county. (4) By imposing new duties upon local agencies with respect to the streamlined approval process and reporting requirement described above, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. (5) This bill would incorporate additional changes to Section 65400 of the Government Code proposed by AB 879 to be operative only if this bill and AB 879 are enacted and this bill is enacted last. This bill would incorporate additional changes to Section 65582.1 of the Government Code proposed by AB 73 to be operative only if this bill and AB 73 are enacted and this bill is enacted last.
Who sponsors SB 35?
SB 35 is sponsored by Atkins, Bocanegra, Arambula, Bonta, Gipson, Mike A. (Democratic), Gloria, Grayson, Timothy S. (Democratic), Santiago, Vidak, Wiener, Scott D. (Democratic), Caballero, Anna M. (Democratic), and Allen, Benjamin (Democratic).
What is the current status of SB 35?
This bill has been enacted into law. Introduced December 05, 2016. Enacted.
Where can I track SB 35?
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