Written Communications
CC 12-03-19
Regular Meeting
Oral
Communications
Written Comments
QPR Legislative
Summary 2019
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INTRODUCTION
This publication is a compilation of bills pertaining to local and regional governance that the Governor
signed in 2018. This publication is intended to be comprehensive, but it is not exhaustive of all bills that
may be relevant to local and regional government.
In general, chaptered legislation went into effect on January 1, 2019. Bills that contain an urgency clause
took effect immediately upon the Governor's signature.
The Governor's Office of Planning and Research staff remains at your disposal to answer any question
regarding the content of this publication.
Special thanks to Marissa Fuentes for her assistance with this document.
Governor's Office of Planning and Research
1400 Tenth Street
Sacramento, CA 95814
Phone: 916-322-2318
Website: http://opr.ca.gov
2019 Legi slative Bill Summary Page 2 Office of Planning and Research
TABLE OF CONTENTS
Califo rnia En v ir o nmental Qu a lit y A c t (CEQ A ) ........................................................................................................... 4
Climate Chang e ................................................................................................................................................................ 6
Ho u sing ................................................................................................................................................................................. 7
La n d Use & Planning ......................................................................................................................................................... g
Lo cal Gov ernment .......................................................................................................................................................... 11
Tran sportation ................................................................................................................................................................... 11
Wildfire s & Natural Di sas t e rs .......................................................................................................................................... 12
20 19 Le g isla ti ve Bill Summary Page 3 O ffi ce of Pl a nni n g a n d Rese arc h
California Environmental Quality Act {CEQA}
AB 29 (Holden) State Highway Route 710 / SB 7 (Portantino) Surplus nonresidential
property and State Highway Route 710
Deems infeasible Alternatives F-5 , F-6 , and F-7 in the December 2012 Alternatives Analysis Report
developed by the Los Angeles Metropolitan Transportation Authority, in addition to any other
freeway or tunnel alternatives to the Interstate 710 North Gap Closure Project.
AB 143 (Quirk-Silva) Shelter crisis: homeless shelters: Counties of Alameda and
Orange: City of San Jose
Extends the sunset date from 2021 to 2023 for an existing exemption under the California
Environmental Quality Act (CEQA) that applies to the Cities of Berkeley, Emeryvil le, Los Angeles,
Oakland, and San Diego, the County of Santa Clara, and the City and County of San Francisco
during a declared shelter crisis. The bill additionally extends the exemption to the Counties of
Alameda and Orange , any city located within those coun ties , and the City of San Jose.
Subsequent to the declaration, the local governments are authorized to suspend health, housing , or
safety regulations related to homeless shelters upon adoption of an ordinance that ensures minimal
public health and safety standards . Local governments are required to develop a plan to address
the shelter crisis , subject to Legislative review. Under these conditions, actions taken by a local
government to make public land available for homeless she lters are not subjec t to CEQA review.
(Urgency measure)
AB 430 (Gallagher) Housing development: Camp Fire Housing Assistance Act of 2019
Establishes a ministerial approval process for housing development in the cities of Biggs , Corning ,
Gridley, Live Oak, Orland , Willows , Yuba City, and Oroville that meet specified objective planning
standards . Development proponents are required to hold at least one public meeting on the project
before submitting an application . Project approvals expire after three years, by may receive a one-
time, one-year extension if the developer demonstrates significant progress. Project approvals do not
expire if the project includes investments in affordable housing , and approvals for all projects remain
valid once vertical construction has been initiated. These provisions expire on January 1, 2026 .
AB 782 (Berman) California Environmental Quality Act: exemption: public agencies:
land transfers
Creates a CEQA exemption for the acquisition, sale , or other transfer of interest in land , as well as the
granting or acceptance of funds, by a public agency for conservation purposes.
AB 1197 (Santiago) California Environmental Quality Act: exemption ; City of Los
Angeles: supportive housing and emergency shelters
Creates a CEQA exemption for certain activities approved or e xecuted by the City of Los Angeles
and other eligible public agencies related to supportive housing and emergency shelters funded by
2019 Legislative Bill Summary Page 4 Office of Planning and Re se arch
the Homeless Emergency Aid Program ; the Homeless Housing , Assistance , and Prevention Program ;
Measure H sales tax proceeds ; and bonds issued pursuant to Proposition HHH. The bill also creates an
exemption for the adoption of t w o local ordinances related to emergency shelters and supportiv e
hou sing .
AB 1515 (Friedman) Planning and zoning: community plans: review under the
California Environmental Quality Act
Prohibits a court from invalidating a development approval that was granted based on a community
plan that meets specified criteria , if the development was approved or had a complete application
prior to the community plan being challenged in court over the community plan 's compliance with
CEQA.
AB 1560 (Friedman) California Environmental Quality Act: transportation: major transit
stop
Revises the definition of "major transit stop" under CEQA to include bus rapid transit , as defined as a
public mass transit service that includes all of the following features : l) full-time dedicated bus lanes
or operation in a separate right-of-way with a frequency of service interval of 15 minutes or less
during morning and afternoon peak commute periods, 2) transit signal priority, 3) efficient fare
collection system , 4) all-door boarding , and 5) defined stations .
AB 1783 (R. Rivas) H-2A worker housing: state funding: streamlined approval process
for agricultural employee housing development
Creates a streamlined, ministerial approval process for farmworker housing on agricultural land. The
bill also prohibits use of specified state housing funds for H-2A worker housing.
AB 1824 (Committee on Natural Resources) California Environmental Quality Act:
exemption for closure of railroad grade crossing
Create s a CEQA e xemption for the closure of a railroad grade crossing by order of the California
Public Utilities Commission if the Commission finds that there is a threat to public safety. The
e xemption would not apply to crossings for high-speed rail or a project carried out by the High-Speed
Rail AL.Jthor ity . This exemption would expire on January 1, 2025 .
SB 450 (Umberg) California Environmental Quality Act exemption: supportive and
transitional housing: motel conversion
Creates a CEQA e xemption for the con v ersion of a hotel, motel, apartment hotel, tran sient
occupancy re sidential structure , or hostel for transitional and supportiv e housing . This e xemption
e xpire s on January l , 2025 .
SB 632 (Galgiani) California Environmental Quality Act: State Board of Forestry and Fire
Protection: vegetation treatment program: final program environmental impact report
2019 Legislative Bill Summary Page 5 Office of Planning and Re search
Directs the Board of Fore stry and Fire Protection to complete and certify its Programmatic
En v ironmental Impact Report for the vegetation treatment program by February 1, 2020 .
SB 743 (Hertzberg) School facilities: design-build projects
Specifies that design-build contracts executed between the L.A. Unified School District and a design-
build entity or its subcontractors must include terms allowing the school district to retain discretion
over certain actions, and that activities after the design phase comply with applicable laws
(including CEQA). If these conditions are met, then the procurement and award of a design-build
contract would be compliant with CEQA.
SB 744 (Caballero) Planning and zoning: California Environmental Quality Act:
permanent supportive housing
Clarifie s and broadens the e xisting streamlined approval process for supportive housing
developments created by AB 2162 (Chiu), and creates a CEQA exemption for application or award
of funding through the No Place Like Home Program . Requires concurrent preparation of the
administrative record for No Place Like Home projects that do not qualify as a use by right, and
establishes shorter timelines for legal challenges to these projects.
Climate Change
AB 65 (Petrie-Norris) Coastal protection: climate adaptation: project prioritization:
natural infrastructure: local general plans
Requires the State Coastal Conservancy to prioritize projects that use natural infrastructure to support
coastal climate adaptation when allocating Proposition 68 funding. Information on such projects
w ould be provided to the Office of Planning and Re search for consideration for inclusion in the
Adaptation Clearinghou se . The bill revises several definitions of "natural infrastructure " exi sting within
statute.
AB 293 (E. Garcia) Greenhouse gases: offset protocols
Directs the Compliance Offsets Protocol Task Force to consider the development of additional
greenhouse gas offset protocols, including management or conservation of natural and working
lands, and the restoration of wetlands . Requires the Task Force to make recommendations on
methodologies to allow groups of landowners to dev elop natural and working lands offset projects
under the approv ed proto c ol s.
SB 351 (Hurtado) Climate change: Transformative Climate Communities Program
Require s the Strategic Grow th Coun c il to c o nsider application s from disad v antaged unincorporated
commun itie s to the Tran sf o rmati v e Climate Communitie s Pr o gram .
SB 400 (Umberg) Reduction of greenhouse gas emissions: mobility options
2019 Legi slativ e Bill Summary Page 6 Office o f Planning and Re searc h
Adds bike sharing and electric bicycles as mobility options under the Clean Cars 4 All Program.
SB 576 (Umberg) Coastal resources: Climate Ready Program and coastal climate
change adaptation, infrastructure, and readiness program
Directs the Ocean Protection Council to establish and administer a coastal climate adaptation ,
infrastructure, and readiness program to recommend best practices and strategies to improve
coastal climate resilience. The Council would be required to coordinate with certain entities and
share information, including providing information to the Office of Planning and Research for
consideration of inclusion in the Adaptation Clearinghouse.
Housing
AB 68 (Ting) Land use: accessory dwelling units/ AB 881 (Bloom) Accessory dwelling
units / SB 13 (Wieckowski) Accessory dwelling units
Make numerous changes to laws regarding accessory dwelling units and junior accessory dwelling
units related to ministerial approval, parking requirements, minimum square footage requirements , lot
coverage requirements , minimum or maximum square footage , occupancy, setbacks , fees , and
application review timelines.
AB 587 (Friedman) Accessory dwelling units: separate sale or conveyance
Authorizes a local agency to allow, by ordinance, an accessory dwelling unit created by a nonprofit
corporation receiving a welfare exemption to be sold or conveyed separately from the primary
residence , provided the sale or conveyance includes an enforceable restriction that ensures the
property will be preserved for affordable housing.
AB 670 (Friedman) Common interest developments: accessory dwelling units
Voids any condition contained in any deed or other security instrument affecting the transfer or sale
of any interest in planned development, as well as any provision in a governing document, that
effectively prohibits or restricts the construction or use of an accessory dwelling unit or junior
accessory dwelling unit meeting established minimum standards on a lot zoned for single-family
housing .
AB 671 (Friedman) Accessory dwelling units: incentives
Requires a local agency to include in its housing element a plan that incentivizes and promotes the
creation of accessory dwelling units that are affordable to very low, low-, or moderate-income
households . Requires the Department of Housing and Community Development to develop a list of
existing state grants and financial incentives for affordable accessory dwelling units , and post this list
on its website by December 31 , 2020 .
AB 957 (Committee on Housing and Community Development) Housing omnibus
2019 Legislative Bill Summary Page 7 Office of Planning and Research
Specifies that the inventory of land suitable for residential development contained within the housing
element to include residentially zoned sites that are capable of being developed at a higher density,
including sites owned or leased by a local government. Authorizes the Department of Housing and
Community Development to provide grants to counties for rental assistance . Expands the definition
of long-term rental assistance to include rental subsidies provided to supportive housing, private-
market landlords, and sponsors master leasing private-making apartments. Limits the amount of long-
term rental assistance a county may provide to no more than two times the fair market rent for the
market area . {Urgency measure)
AB 1010 (E. Garcia) Housing programs: eligible entities
Changes the definitions applicable to specified housing programs, including "local agency," "local
public entity," "nonprofit corporations," "eligible applicant," and "nonprofit housing sponsor" to
include a governing body of an Indian reservation or rancheria, or a tribally designated housing
entity. Authorizes the Department of Housing and Community Development to modify or waive
various requirements for state financing for housing development if tribal law would not satisfy the
requirements for financing.
AB 1483 (Grayson) Housing data: collection and reporting
Requires a local government to maintain a schedule of fees and affordability requirements imposed
on housing development, all zoning ordinances and development standards, and annual fee or
finance reports on its website. Local governments would also be required to maintain archives of
impact fee nexus studies, cost of service studies, or equivalent reports.
Requires the Department of Housing and Community Development to revise the Statewide Housing
Plan to include a 10-year housing strategy. Development of the strategy would be supported by a
workgroup that includes representati ves from the Department of Technology, metropolitan planning
organizations, local governments, academic institutions, and nonprofits . The strategy must include an
evaluation of data priorities , a strategy to achieve more consistent terminology for housing data
across the state, and an assessment of the quality of data submitted by annual reports and
recommendations based on that assessment.
AB 1487 (Chiu) San Francisco Bay area: housing development: financing
Establishes the Ba y Area Housing Finance Authority to address the San Francisco Bay area's housing
affordability crisis. The Authority wo uld ha ve the power to raise , administer, and allocate funds
regionally to produce affordable housing, preserve e xis ting units , and protect v ulnerable tenants .
SB 330 (Skinner) Housing Crisis Act of 2019
Prohibits an affected city or county (defined based on Census Bureau definitions of urbanization)
from enacting a development policy or standard that would reduce intensity o f land use, impose
design review standards that are not objective, limiting the amount of housing (imposing
development moratoriums, limiting land use approvals or permits, capping housing units , or capping
2019 Legislative Bill Summary Page 8 Office of Planning and Research
population). Changes in land use intensity may occur if a reduction in intensity occurs concurrently
with an equivalent increase in intensity.
The bill additionally makes numerous changes to housing permitting. Preliminary applications for
housing may be submitted and must contain specified information. Local governments would be
prohibited from applying ordinances to a development after a preliminary application is submitted,
and cannot hold more than five hearings on approval of a housing project that complies with
objective standards when the preliminary application is deemed complete. Any determination that
a housing project is on a historic site would need to occur at the time of the preliminary application
being deemed complete, and reduced timelines for approval after completion of an Environmental
Impact Report. If a housing development requires demolition of residential property, the project may
only be approved if there is no net loss of affordable housing, the project increases housing density,
existing residents may occupy their units up to six months before the start of construction, and the
developer agrees to provide relocation benefits to occupants of affordable units.
These provisions would expire on January 1, 2025.
Land Use & Planning
AB 139 (Qurik-Silva) Emergency and Transitional Housing Act of 2019
Authorizes a local government to apply written objective standards to emergency shelters stipulating
provision of sufficient parking to accommodate staff. Revises the criteria assessed to determine the
need for emergency she lter.
During local government reviews of the housing element, the efficacy of the housing element goals,
policies, and actions to meet the community's housing needs would need to be considered. Housing
needs allocations would need to include the housing needs of individuals and families experiencing
homelessness.
AB 747 (Levine) Planning and zoning: general plan: safety element
Requires local governments, on or after January 1, 2022, to review and update the safety element to
identify evacuation routes and their capacity, safety, and viability under a range of emergency
scenarios .
AB 948 (Keira) Coyote Valley Conservation Program
Authorizes the Santa Clara Valley Open Space Authority to establish and administer the Coyote
Valley Conservation Program to address the resource and recreational goals of the Coyote Valley.
AB 1100 (Kamalger-Dove) Electric vehicles: parking requirements
Requires local ordinances to count electric vehicle charging stations as parking spaces to meet
minimum parking requirements applied to development projects .
2019 Legislative Bill Summary Page 9 Office of Planning and Research
AB 1255 (R. Rivas) Surplus public land: inventory
Requires local governments to make a central inventory of surplus and excess public land on or
before December 31 of each year. The inventory must include a description of each parcel and its
present use . This information must be submitted to the Department of Housing and Community
Development annually beginning April 1, 2021 , and be a v ailable upon request without charge . The
Department of Housing and Community Development must provide this information to the
Department of General Services for inclusion in a digitized inventory of all state-owned excess
parcels .
AB 1730 (Gonzalez) Regional transportation plans: San Diego Association of
Governments: housing
Require s that, for the purposes of complying with federal law, the updated regional transportation
plan , sustainable communities strategy, and Programmatic Environmental Impact Report adopted
by SANDAG on October 9, 2015 , to remain in effect until SANDAG adopts its next update to the
regional transportation plan on or before December 31 , 2021 . This update would be exempt from the
California Environmental Quality Act. SANDAG would be required to submit an implementation
report reviewing its most recent sustainable communities strategy. SANDAG would have limited
eligibility for the Solutions for Congested Corridors Program until December 31 , 2021 . Local
governments within SANDAG 's jurisdiction would be required to undertake the sixth update their
housing elements on or before April 30 , 2021 , and the seventh no later than 18 months after the first
update to the regional transportation plan adopted in 2029 .
AB 1763 (Chiu) Planning and zoning: density bonuses: affordable housing
Requires a density bonus to apply to development projects that make all units affordable to lower
income households, with up to 20% of the total units authorized to be available to moderate-income
households . Development projects meeting these criteria may receive four incentives or concessions
under Density Bonus Law, and a height increase of up to three additional stories or 33 feet if the
development is located within a ½ mile of a major transit stop . Density bonuses of up to 80% could be
provided , and any controls on maximum density would not apply if the development is within ½ mile
of a major transit stop. 20% of the units would be subject to a 55-y ear restriction on housing
affordability, and the remaining units would be rented at rates consistent with the maximum rent
level s for a housing development receiving an allocation of state or federal low-income housing tax
credits . Upon the request of the developer, the local government would be prohibited from imposing
a v ehicular parking requirement.
SB 6 (Beall) Residential development: available land
Require s the Department of Housing and Community Dev elopment to prov ide the Dep a rtment of
Ge n eral Services with a li st if local lands a v ailable and suitable for residential development identified
in a lo c al gov ernment 's housing element. The Department of General Services w ould be required to
c reate a database o f thi s information that is publicly accessible on the department's w eb site. A local
2019 Legi slativ e Bill Summary Page 10 Office of Planning a n d Re searc h
government 's inventory of land would need to be submitted electronically for housing element
updates occurring on or after January 1, 2021.
SB 99 (Nielsen) General plans: safety element: emergency evacuation routes
Requires a local government to review and update the safety element during the next revision of the
housing element occurring on or after January 1, 2020 , to identify residential developments in hazard
areas that do not have at least two emergency evacuation routes .
SB 242 (Roth) Land use applications: Department of Defense: points of contact
Streamlines reporting requirements for development projects and General Plan amendments relating
to land use around military instillations , training routes , and special use airspace.
Local Government
AB 116 (Ting) Local government
Authorizes a public finance authority of an enhanced infrastructure financing district to issue bonds
without submitting a proposal to the voters . The authority would be required to hold three public
hearings on an enhanced infrastructure financing plan .
AB 600 (Chu) Local government: organization: disadvantaged unincorporated
communities
Specifies that annexations of two or more areas contiguous to a disadvantaged unincorporated
community that are individually less than 10 acres but cumulatively more than 10 acres cannot occur
within five y ears of each other unless an application for annexation of the disadvantaged
unincorporated community has been filed in the past five years, or a majority of voters in the area
oppose annexation .
AB 1628 (R. Rivas) Environmental justice
Revises the definition of "environmental justice" in the Coretse-Knox-Hertzberg Local Government Act
of 2000, the California Coastal Act, and Government Code to include the meaningful involvement of
people of all races , cultures , incomes , and national origins with respect to those actions .
Transportation
AB 285 (Friedman) California Transportation Plan
Requires the Department of Transportation to include in the California Transportation Plan how the
state will achieve maximum feasible emissions reductions to meet its 2030 climate goals, and how the
Plan is consistent with, and supports attainment of, state and national ambient air quality standards.
Beginning in the third update to the Plan , to be complete b y December 31 , 2025, the Department
2019 Legislative Bill Summary Page 11 Office of Planning and Research
must also include a forecast of the impacts of advan·ced and emerging technologies on the
infrastructure, access, and transportation systems , as well as a review of progress made in
implementing past Plans.
The bill additionally requires the Strategic Growth Council to complete a report by January 31 , 2022
that provides an overview of the California Transportation Plan , Sustainable Communities Strategies,
and alternative planning strategies, and how these plans influence the configuration of a statewide ,
multi-modal transportation system . The report must additionally review and provide
recommendations to better align and coordinate the following grant programs to support statewide
goals: the Affordable Housing and Sustainable Communities Program, the Transit and Intercity Capital
Rail Program , the Low Carbon Transit Operators Program, the Transformative Climate Communities
Program, the Sustainable Transportation Planning Grant Program , and other relevant transportation
funding programs.
Wildfires & Natural Disasters
AB 38 (Wood) Fire safety: low-cost retrofits: regional capacity review: wildfire
mitigation
Requires the Natural Resources Agency, in consultation with the State Fire Marshall and the Forest
Management Task Force, to review the regional capacity of each county containing very high fire
hazard severity zones to improve forest health and fire resilience. This review must occur by July 1,
2021, and on or after that date, a seller of property in a high or very high fire hazard severity zone
must provide documentation to a buyer demonstrating compliance with wildfire protection
measures . Otherwise, the buyer and seller must enter into an agreement whereby the buyer will
obtain documentation of compliance .
On or after January 1, 2021, a seller of property with a home constructed before January 1, 2020 in a
high or very high fire hazard severity zone must provide a disclosure to a buyer containing information
related to fire hardening improvements on the property and a list of features that might make the
home vulnerable to wildfire and flying embers . On or after July 1, 2025 , the disclosure must also
include the State Fire Marshall's list of low-cost retrofits.
The Office of Emergency Services and the Department of Forestry and Fire Protection must develop
and administer a comprehensive wildfire mitigation grant program to encourage cost-effective
retrofits and structure hardening. This program is contingent upon an appropriation by the Legislature ,
and is repealed on July 1, 2025.
AB 111 (Committee on Budget) Wildfire agencies: public utilities: safety and insurance
Creates the California Catastrophe Council to o v ersee the California Earthquake Authority and the
Wildfire Fund Administrator. Requires the California Public Utilities Commission to e stablish the Wildfire
Safety Di vis ion b y January 1, 2020 , and take specified actions related to wildfire safety. After July 1,
2021 , this div ision would be administered b y the Office of Energy Infrastructure Safety within the
2019 Legislative Bill Summary Page 12 Office of Planning and Research
Natural Resource s Agency, created by thi s bill. The Wildfire Safety Division wou ld be advised by the 7-
member Wildfire Safety Advisory Board , also established by this bill.
AB 178 (Dahle) Energy: building standards: photovoltaic requirements
Until January l, 2023 , authorizes residential construction to repair, restore , or replace a residential
building damaged or destroyed as a result of a disaster in an area where a state of emergency was
declared before Janua ry l, 2020 to be built to the so lar photovoltaic standards that were in place at
the time of the building's original construction.
AB 188 (Daly) Fire insurance: valuation of loss
Requires that the actual cash v alue of a claim for the total of partial loss due to a fire of a structure
and its conten ts be equal to the cost to repair, rebuild, or replace the lost property, minus a fair and
reasonable depreciation based on its condition at the time of the incident or the policy limit,
whichever is less .
AB 836 (Wicks) Wildfire Smoke Clean Air Centers for Vulnerable Populations Incentive
Pilot Program
Establishes a pilot program within the State Air Resources Board to provide grant funding to retrofit
ventilation systems to create a network of clean air centers to mitigate the adverse public health
impacts of wildfires and other smoke events . The Wildfire Smoke Clean Air Centers for Vulnerable
Populations Incentive Pilot Program is contingent upon an appropriation by the Legislature , and
would end on January l, 2025 .
SB 167 (Dodd) Electrical corporations: wildfire mitigation plans
Require s electrical corporations to include protocols in their wildfire mitigation plans related to
mitigating the public safety impacts of deenergizing portions of the electrical distribution system that
consider the impacts on customers receiving medical baseline allowances. Electrical corporations
would be authorized to deploy or provide financial assistance for backup electrical resources to
customers receiving medical baseline allowances that meet specified requirements.
SB 190 (Dodd) Fire safety: building standards: defensible space program
Requires the State Fire Marshall to develop a model defensible space program that local
governments may use in their enforcement of defensible space requirements. This program must be
developed in consultation with representatives from local, sta te , and federal fire agencies; local
government; building officials; utility companies; the building industry; insurers and insurance research
corporations; and the environmental community. The State Fire Marshall would also be required to
develop a Wildland-Urban Interfa ce Fire Safety Building Standards Compliance training for local
building officials, builders, and fire service personnel, as well as a listing of products and construction
assemblies that comply with fire safety building standards .
2019 Legislative Bill Summary Pagel3 Office of Planning and Research
SB 209 (Dodd) Office of Emergency Services: Wildfire Forecast and Threat Intelligence
Integration Center
Requires the Office of Emergenc y Services and the Department of Forestry and Fire Prote ction to
establish and administer the Wildfire Forecast and Threat Intelligence Integration Center, which
would serve as the state's organizing hub for wild fire forecasting , wea ther information, and threat
intelligence gathering, analysis, and dissemination .
SB 560 (McGuire) Wildfire mitigation plans: deenergizing of electrical lines:
notifications: mobile telephony service providers
Requires that electrical corporations provide notice to all public safety offices, critical first responders,
health care facilities , and operators of telecommunications infrastructure of an impending
deenergization of electrical lines . Electrical corporations would also be required to include protocols
for deenergization in their wildfire mitigation plan.
2019 Legislative Bill Summary Page 14 Office of Planning and Research
INDEX
California Environmental Quality Act (CEQA) ........................................................................................................... 4
AB 29 (Holden) State Highway Route 710 / SB 7 (Portantino) Surplus nonresidential property and
State Highway Route 710 ............................................................................................................................................ 4
AB 143 (Quirk-Silva) Shelter crisis: homeless shelters: Counties of Alameda and Orange: City of San
Jose .................................................................................................................................................................................... 4
AB 430 (Gallagher) Housing development: Camp Fire Housing Assistance Act of 2019 .......................... 4
AB 782 (Berman) California Environmental Quality Act: exemption: public agencies: land transfers .4
AB 1197 (Santiago) California En v ironmental Quality Act: exemption; City of Los Angeles: supportive
housing and emergency shelters .............................................................................................................................. 4
AB 1515 (Friedman) Planning and zoning: community plans: review under the California
Environmental Quality Act .......................................................................................................................................... s
AB 1560 (Friedman) California Environmental Quality Act: transportation : major transit stop ................ s
AB 1783 (R. Rivas) H-2A worker housing: state funding: streamlined approval process for agricultural
employee housing development ............................................................................................................................. s
AB 1824 (Committee on Natural Resources) California Environmental Quality Act: exemption for
closure of railroad grade crossing ............................................................................................................................ s
SB 450 (Umberg) California Environmental Quality Act exemption: supportive and transitional
housing: motel conversion .......................................................................................................................................... s
SB 632 (Galgiani) California En vironmental Quality Act: State Board of Forestry and Fire Protection:
vegetation treatment program: final program environmental impact report.. .......................................... s
SB 7 43 (Hertzberg) School facilities: design-build projects ................................................................................. 6
SB 744 (Caballero) Planning and zoning : California Environmental Quality Act: permanent
supporti ve housing ........................................................................................................................................................ 6
Climate Change ................................................................................................................................................................ 6
AB 65 (Petrie-Norris) Coastal protection: climate adaptation: project prioritization : natural
infrastructure: local general plans ............................................................................................................................ 6
AB 293 (E. Garcia) Greenhouse gases: offset protocols .................................................................................... 6
SB 351 (Hurtado) Climate change: Transformative Climate Communities Program ................................. 6
SB 400 (Umberg) Reduction of greenhouse gas emissions: mobility options ................................................ 6
SB 576 (Umberg) Coastal resources : Climate Ready Program and coastal climate change
adaptation, infrastructure, and readiness program ............................................................................................ 7
Housing ................................................................................................................................................................................. 7
AB 68 (Ting) Land use: accessory dwelling units/ AB 881 (Bloom) Accessory dwelling units / SB 13
(Wieckowski) Accessory dwelling units .................................................................................................................... 7
2019 Legi slative Bill Summary Page 15 Office of Planning and Research
AB 587 (Friedman) Accessory dwelling units: separate sale or conveyance .............................................. 7
AB 670 (Friedman) Common interest developments: accessory dwelling units ......................................... 7
AB 671 (Friedman) Accessory dwelling units: incentives .................................................................................... 7
AB 957 (Committee on Housing and Community Development) Housing omnibus ................................. 7
AB 1O10 (E. Garcia) Housing programs: eligible entities ..................................................................................... 8
AB 1483 (Grayson) Housing data : collection and reporting ............................................................................. 8
AB 1487 (Chiu) San Francisco Bay area: housing development: financing ................................................. 8
SB 330 (Skinner) Housing Crisis Act of 2019 .............................................................................................................. 8
Land Use & Planning ......................................................................................................................................................... 9
AB 139 (Qurik-Silva) Emergency and Transitional Housing Act of 2019 .......................................................... 9
AB 747 (Levine) Planning and zoning: general plan: safety element ............................................................. 9
AB 948 (Kalra) Coyote Valley Conservation Program ......................................................................................... 9
AB 1100 (Kamalger-Dove) Electric vehicles : parking requirements ................................................................ 9
AB 1255 (R. Rivas) Surplus public land: inventory ................................................................................................ 10
AB 1730 (Gonzalez) Regional transportation plans : San Diego Association of Governments: housing
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AB 17 63 (Chiu) Planning and zoning : density bonuses : affordable housing .............................................. 10
SB 6 (Beall) Residential development: available land ...................................................................................... 10
SB 99 (Nielsen) General plans: safety element: emergency evacuation routes ....................................... 11
SB 242 (Roth) Land use applications: Department of Defense: points of contact ................................... 11
Local Government .......................................................................................................................................................... 11
AB 116 (Ting) Local government ............................................................................................................................. 11
AB 600 (Chu) Local government: organization: disadvantaged unincorporated communities ......... 11
AB 1628 (R. Rivas) Environmental justice ............................................................................................................... 11
Transportation ................................................................................................................................................................... 11
AB 285 (Friedman) California Transportation Plan .............................................................................................. 11
Wildfires & Natural Disasters .......................................................................................................................................... 12
AB 38 (Wood) Fire safety: low-cost retrofits: regional capacity review: wildfire mitigation .................... 12
AB 111 (Committee on Budget) Wildfire agencies: public utilities: safety and insurance ...................... 12
AB 178 (Dahle) Energy : building standards : photovoltaic requirements ..................................................... 13
AB 188 (Daly) Fire insurance : valuation of loss ..................................................................................................... 13
AB 836 (Wicks) Wildfire Smoke Clean Air Centers for Vulnerable Populations Incentive Pilot Program
.......................................................................................................................................................................................... 13
SB 167 (Dodd) Electrical corporations: wildfire mitigation plans .................................................................... 13
2019 Legislative Bill Summary Page 16 Office of Planning and Research
SB 190 (Dodd) Fire safety: building standards : defensible space program ................................................ 13
SB 209 (D o dd) Office of Emergency Services : Wildfire Forecast and Threat Intelligence Integration
Center ............................................................................................................................................................................. 14
SB 560 (McGuire) Wildfire mitigation plans : deenergizing of electrical lines: notifications: mobile
telephony service prov iders ..................................................................................................................................... 14
2019 Le gislativ e Bill Summary Pagel 7 Offi c e of Plannin g and Re se arc h
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CC 12-03-19
Regular Meeting
Item #7 Planned
Development (P)
Zoning
Written
Communications
All the sites for which the standards are being clarified already have access to utilities and
are compatible with adjoining land uses. To the extent that there are deficient utilities, the City
has adopted mitigation measures to ensure that any future developments would need to provide
the appropriate utilities to accommodate the development. The proposed amendments do not affect
the residential density of property and would implement the Land Use Element of the General
Plan by clarifying the development standards for development.
4.The proposed zoning will promote orderly development of the City.
The proposed Municipal Code Amendments will promote orderly development in the City
by allowing development with clear standards.
5.That the proposed zoning is not detrimental to the health, safety, peace, morals
and general welfare of persons residing or working in the neighborhood of subject
parcels.
The proposed Municipal Code Amendments are not detrimental to the health, safety,
peace, morals and general welfare since these are changes that implement the Land Use Element
of the Cityʹs General Plan and clarify standards for development. Additionally, where health or
safety impacts have been identified in the 2014 General Plan Final EIR, mitigation measures
have been identified which would be applicable to any development on P Zone sites.
Section 3. The City Council further finds the following:
The proposed amendments will not impede the ability to develop the City’s Regional
Housing Needs Allocation or housing for all income levels as anticipated by the City’s Housing
Element. Instead, the amendments allow residential development of properties without approval
of a definitive plan if they meet existing zoning standards established in the Municipal Code. The
City will thus continue to be able to address its housing needs in compliance with its Housing
Element.
Section 4. The City Council approves the Amendments to the Municipal Code
(Application No. MCA‐2019‐005) as shown in Exhibit MCA and authorizes the staff to
make grammatical, typographical, numbering, and formatting changes necessary to
assist in production of the final published Municipal Code. To the extent the provisions
of this Ordinance are substantially the same as previous provisions of the Cupertino
Municipal Code, these provisions shall be construed as continuations of those
provisions and not as an amendment to or readoption of the earlier provisions.
Section 5. If any portion of this Ordinance or its application is for any reason
held to be invalid, unenforceable or unconstitutional, by a court of competent
jurisdiction, that portion shall be deemed severable, and such invalidity,
unenforceability or unconstitutionality shall not affect the validity or enforceability of
the remaining portions of the Ordinance, or its application to any other person or
circumstance. The City Council hereby declares that it would have adopted each section,
CC 12-03-19 Item #7
A - Draft Ordinance
CC 12-03-19
Regular Meeting
Item #8 Park Land
Dedication and Fee
Written
Communications
the standards in Section 13.08.080B, below are met and findings in Section 13.08.080C can
be made.
B.That the open space for which credit is given complies with the following standards:
1.Setback areas, private yards, and other open areas required by zoning and/or
building ordinances or for streets and improvements that do not serve the park
exclusively, shall not be included in the computation of such private open space.
2.The total usable open space acreage for the development must be equivalent to the
park land dedication calculated pursuant to Section 13.08.050.
3. All land shall be developed for park and recreational purposes.
4.The open space must contain the mandatory elements and at least four of the six
optional elements indicated in Table 13.08.080 below and meet the following criteria:
a.The combined minimum acreage for a facility with a recreation center and
children's play apparatus area is 1.3 acres.
b.The minimum combined acreage for a facility not including a recreation center
or children's play area is 1.5 acres.
Table 13.08.080 - Mandatory and Optional Elements for private open space
Mandatory Element Minimum Acreage
Turfed playfield
The playfield shall be a single unit of land which is generally
level and free of physical barriers which would inhibit group
play activities.
0.50
Optional Elements
Children's play apparatus area 0.15
Recreational community gardens 0.25
Family picnic area 0.25
Game, fitness or sport court area 0.25
Accessible swimming pool (42' x 75' with adjacent deck and
lawn areas) 0.25
Recreation center buildings and grounds 0.15
C.The approval authority may grant park credit for a combination of the above
elements or a combination of the above elements and other recreation improvements that
will meet the specific recreation needs of a specialized housing development, such as a
CC 12-03-19 Item #8
A - Draft Ordinance
continue to offer a range of incentives to facilitate the development of affordable
housing including waiver of park land dedication fees consistent with the City’s
adopted Housing Element and Below Market Rate Housing Mitigation Manual. The
City will thus continue to be able to address the housing needs of the region.
Section 3. The City Council approves the Amendments to the Municipal Code as
shown in Exhibit A attached hereto and incorporated herein by reference and authorizes
the staff to make grammatical, typographical, numbering, and formatting changes
necessary to assist in production of the final published Municipal Code. To the extent
the provisions of this Ordinance are substantially the same as previous provisions of the
Cupertino Municipal Code, these provisions shall be construed as continuations of those
provisions and not as an amendment to or readoption of the earlier provisions.
Section 4. If any portion of this Ordinance or its application is for any reason held to
be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction, that
portion shall be deemed severable, and such invalidity, unenforceability or
unconstitutionality shall not affect the validity or enforceability of the remaining
portions of the Ordinance, or its application to any other person or circumstance. The
City Council hereby declares that it would have adopted each section, sentence, clause
or phrase of this Ordinance, irrespective of the fact that any one or more other sections,
sentences, clauses or phrases of the Ordinance be declared invalid, unenforceable or
unconstitutional.
Section 5. The City Clerk shall give notice of adoption of this Ordinance as required
by law.
Section 6. This Ordinance shall take effect 30 days after the second reading of the
ordinance.
INTRODUCED at a regular meeting of the City Council of the City of Cupertino
the 3rd day of December, 2019 and ENACTED at a regular meeting of the City Council
of the City of Cupertino the ____day of ___________, 2019 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
the standards in Section 13.08.080B, below are met and findings in Section 13.08.080C can
be made.
B.That the open space for which credit is given complies with the following standards:
1.Setback areas, private yards, and other open areas required by zoning and/or
building ordinances or for streets and improvements that do not serve the park
exclusively, shall not be included in the computation of such private open space.
2.The total usable open space acreage for the development must be equivalent to the
park land dedication calculated pursuant to Section 13.08.050.
3. All land shall be developed for park and recreational purposes.
24.The open space must contain the mandatory elements and at least four of the six
optional elements indicated in Table 13.08.080 below and meet the following criteria:
a.The combined minimum acreage for a facility with a recreation center and
children's play apparatus area is 1.3 acres.
b.The minimum combined acreage for a facility not including a recreation center
or children's play area is 1.5 acres.
Table 13.08.080 - Mandatory and Optional Elements for private open space
Mandatory Element Minimum Acreage
Turfed playfield
The playfield shall be a single unit of land which is generally
level and free of physical barriers which would inhibit group
play activities.
0.50
Optional Elements
Children's play apparatus area 0.15
Recreational community gardens 0.25
Family picnic area 0.25
Game, fitness or sport court area 0.25
SwimAccessible swimming pool (42' x 75' with adjacent deck
and lawn areas) 0.25
Recreation center buildings and grounds 0.15
C.The approval authority may grant park credit for a combination of the above
elements or a combination of the above elements and other recreation improvements that
will meet the specific recreation needs of a specialized housing development, such as a Standards for private open Space Clarifications CC 12-03-19 Item #8
B - Redline Municipal Code Amendments
1
Cyrah Caburian
From:Connie Cunningham <cunninghamconniel@gmail.com>
Sent:Tuesday, December 3, 2019 11:31 AM
To:City Council
Subject:Dec 3, 2019, Oral Communications, Emergency Housing Ordinance, Act Swiftly, please!
Follow Up Flag:Follow up
Flag Status:Completed
Dear Mayor, Vice‐Mayor, and Councilmembers,
Emergency Housing Ordinance—Cupertino must act as swiftly as the landowners who are raising rents
AB 1482 ‐‐the new California law that imposes a rent cap of 5% plus CPI or 10% (whichever is less), and, also, implements just
cause protections‐‐doesn't become effective until January. I note that Cupertino does not have a municipal code that protects
tenants.
I support WPUSA (Working Partnerships) and CFA (Cupertino For All), two groups that are advocating that local governments
enact, or update, emergency, retroactive, housing ordinances to protect vulnerable tenants who are at risk of being evicted from
their homes prior to the law becoming effective. Over 35% of Cupertino residents were tenants in 2010.*
Although some may object to emergency measures as a general rule in order to allow smooth transitions, in fact, many
landlords are taking emergency actions now to evict tenants so that they can raise rents before the law becomes effective! We
must act with like swiftness to help our neighbors.
For example: My neighborhood was 100% owned by families when built in the 1960’s. However, in the past decade (since
2010), many of these homes have been purchased by speculators and have become rentals. The renters have all been good
neighbors. It would break my heart to see any of them evicted because the speculator wants to raise rents before the law
changes.
Please help my neighbors, please help all our Cupertino neighbors, by directing the City Manager to prepare a Municipal Code
that protects the people of Cupertino, for your immediate signature. I realize this may require a special meeting to put on the
agenda, thus the imperative to make the new Municipal Code retroactive.
Sincerely,
Connie L. Cunningham (self only) (Housing Commission)
Neighbor of many good people who are tenants, Homeowner for 32 years
*Cupertino General Plan (2015‐2040) Housing Element, Chapter 4, Page H‐5
HOUSEHOLD TENURE
Households in Cupertino are more likely to own than rent their homes. Approximately 63 percent of Cupertino households
owned their homes in 2010. By comparison, 58 percent of Santa Clara County households owned homes (see Table HE‐1).
1
Cyrah Caburian
From:Connie Cunningham <cunninghamconniel@gmail.com>
Sent:Tuesday, December 3, 2019 9:15 PM
To:City Council
Subject:Dec 3, 2019, Oral Communications, Emergency Housing Ordinance, Act Swiftly, please!
Dear Mayor, Vice‐Mayor, and Councilmembers,
Emergency Housing Ordinance—Cupertino must act as swiftly as the landowners who are raising rents
AB 1482 ‐‐the new California law that imposes a rent cap of 5% plus CPI or 10% (whichever is less), and, also, implements just
cause protections‐‐doesn't become effective until January. I note that Cupertino does not have a municipal code that protects
tenants.
I support WPUSA (Working Partnerships) and CFA (Cupertino For All), two groups that are advocating that local governments
enact, or update, emergency, retroactive, housing ordinances to protect vulnerable tenants who are at risk of being evicted from
their homes prior to the law becoming effective. Over 35% of Cupertino residents were tenants in 2010.*
Although some may object to emergency measures as a general rule in order to allow smooth transitions, in fact, many
landlords are taking emergency actions now to evict tenants so that they can raise rents before the law becomes effective! We
must act with like swiftness to help our neighbors.
For example: My neighborhood was 100% owned by families when built in the 1960’s. However, in the past decade (since
2010), many of these homes have been purchased by speculators and have become rentals. The renters have all been good
neighbors. It would break my heart to see any of them evicted because the speculator wants to raise rents before the law
changes.
Please help my neighbors, please help all our Cupertino neighbors, by directing the City Manager to prepare a Municipal Code
that protects the people of Cupertino, for your immediate signature. I realize this may require a special meeting to put on the
agenda, thus the imperative to make the new Municipal Code retroactive.
Sincerely,
Connie L. Cunningham (self only) (Housing Commission)
Neighbor of many good people who are tenants, Homeowner for 32 years
*Cupertino General Plan (2015‐2040) Housing Element, Chapter 4, Page H‐5
HOUSEHOLD TENURE
Households in Cupertino are more likely to own than rent their homes. Approximately 63 percent of Cupertino households
owned their homes in 2010. By comparison, 58 percent of Santa Clara County households owned homes (see Table HE‐1).
12/3/2019
Late Written Communications
1
Cyrah Caburian
From:Cupertino ForAll <cupertinoforall@gmail.com>
Sent:Tuesday, December 3, 2019 5:10 PM
To:City Clerk; City Council; Cupertino City Manager's Office; Darcy Paul; Jon Robert Willey; Liang Chao; Rod
Sinks; Steven Scharf
Subject:Public Comment for 12/3/2019 Council Meeting, Agenda Item #8
Follow Up Flag:Follow up
Flag Status:Completed
Dear Mayor and Councilmembers,
Cupertino for All supports a more sustainable, equitable, and vibrant community. To that end, we want to express
our gratitude to staff for maintaining the current calculation method that determines park land dedication in-lieu
fees. The previously proposed shift to U.S. Census Bureau data for average household size would have placed a
disproportionate burden on smaller, more economical, and more environmentally sustainable multi-family
developments, which would have discouraged those kinds of developments. Such a move would have further
underscored Cupertino's reputation as an exclusive community, antagonistic toward housing and new, more
diverse residents. As the staff report notes the potential to consider this topic in the future, we encourage this
council to consider ways to equitably distribute the burden of park in-lieu fees.
We also observed the proposed change to require all dedicated park land to be at ground level and dedicated in
fee simple. As only one property owner in the history of Cupertino has attempted to build a park above ground
level, we hope this move is motivated by legitimate public policy reasons and not by animosity toward Vallco.
Given the stated desire to increase the availability of public parks, our Municipal Code should be seeking means
to favor parks of all descriptions—including innovative uses of air rights—without further burdening new housing
with excessive park land requirements.
—
Marie L, Cupertino resident
Cupertino For All