SB 592

Version: Amended+Assembly
Author: Sen. Scott Wiener (D-CA)


Amended  IN  Assembly  June 13, 2019
Amended  IN  Senate  March 27, 2019

<>Housing Accountability Act.
(1) The Housing Accountability Act, among other things, prohibits a local agency from disapproving or conditioning approval in a manner that renders infeasible a housing development project that complies with applicable, objective general plan, zoning, and subdivision standards and criteria in effect at the time the application for the project is deemed complete within the meaning of the Permit Streamlining Act, unless the local agency makes specified written findings based on a preponderance of the evidence in the record.
This bill would provide that the act applies to any form of land use decision by a local agency, including a ministerial or use by right decision and a discretionary approval. The bill would require an application that is not subject to the Permit Streamlining Act to be deemed or determined to be complete for purposes of the act at the time the application is submitted to the local agency, and would make conforming changes. The bill would specify that a general plan, zoning, or subdivision standard or criterion is not "applicable" for purposes of the act if its applicability to a housing development project is discretionary or if the project could be approved without the standard or criterion being met. By increasing the duties on local agencies, this bill would impose a state-mandated local program.
(2) The act provides that disproving a housing development project includes, among other things, any instance in which a local agency votes on the proposed housing development project application, or the local agency fails to comply with the time periods specified in the Permit Streamlining Act.
This bill would provide that disproving a housing development project for purposes of the act includes any instance in which a local agency takes action on the proposed housing development project application and disproves the project, or in the case of a ministerial project, if the local agency fails to comply with the time periods specified in the applicable law authorizing the ministerial project.
(3) The act requires a local agency that considers a proposed housing development project to be inconsistent, not in compliance, or not in conformity with applicable law to provide the applicant with a written document, within a specified amount of time, identifying the provisions the application is not in compliance with and an explanation of the reasons for the decision.
This bill would require a local agency that determines an application that was revised after the agency's initial denial is inconsistent, not in compliance, or not in conformity with applicable law to provide a similar written document within 30 days providing an explanation of the reasons for the decision. By requiring local agencies to provide additional specified written documents and explanations, this bill would impose a state-mandated local program.
(4) The act defines a housing development project to mean a use consisting of residential units only, specified mixed-use developments, and transitional housing or supportive housing.
The bill would define a housing development project for purposes of the act to also include a single unit, including an accessory dwelling unit, or the addition of one or more bedrooms to an existing residential unit.
(5) The act requires a local agency that proposes to impose a condition on a housing development project that the project be developed at a lower density to base its decision upon specified findings. The act defines "lower density" to mean any conditions that have the same effect or impact on the ability of the project to provide housing.
The bill would specify that conditions that have the same effect or impact on the ability of the project to provide housing include a reduction in the number of bedrooms or other normal residential features, or the substantial impairment of the housing development project's economic viability.
(6) Existing law authorizes the applicant to bring an action to enforce the act, and authorizes a court to issue an order or judgment directing the local agency to approve the housing development project or emergency shelter if the court finds that the local agency acted in bad faith when it disapproved or conditionally approved the housing development project or emergency shelter. Existing law requires the court to award reasonable attorney's fees and costs of suit to the plaintiff or petitioner, unless an exception applies.
This bill would authorize a plaintiff or petitioner who is the project applicant to seek compensatory damages for a violation of the act. The bill would specify that in an action brought to enforce the act, evidence is required to be taken and discretion in the determination of facts is vested in an inferior tribunal, corporation, board, or officer, regardless of whether the local agency's action was made at a legally required hearing.
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 Barbering and Cosmetology Act, establishes the State Board of Barbering and Cosmetology for the licensure and regulation of barbers and cosmetologists. Existing law requires the board to carry out a list of duties, including keeping a registration record of each licensee containing the name, address, license number, date issued, and any facts that the applicant may have stated in the application for examination for licensure. Existing law requires specified licensees to, within 30 days after a change of address, notify the board of the new address, and, upon receipt of the notification, the board is required to make the necessary changes in the register.

This bill would revise this provision to require the board, upon receipt of a licensee's change of address, to make the necessary changes in any board records and, where applicable, in the licensee's public profile maintained on the board's internet website.

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

SB 592

Version: Amended+Assembly
Author: Sen. Scott Wiener (D-CA)


Amended  IN  Assembly  June 13, 2019
Amended  IN  Senate  March 27, 2019

<>Housing Accountability Act.
(1) The Housing Accountability Act, among other things, prohibits a local agency from disapproving or conditioning approval in a manner that renders infeasible a housing development project that complies with applicable, objective general plan, zoning, and subdivision standards and criteria in effect at the time the application for the project is deemed complete within the meaning of the Permit Streamlining Act, unless the local agency makes specified written findings based on a preponderance of the evidence in the record.
This bill would provide that the act applies to any form of land use decision by a local agency, including a ministerial or use by right decision and a discretionary approval. The bill would require an application that is not subject to the Permit Streamlining Act to be deemed or determined to be complete for purposes of the act at the time the application is submitted to the local agency, and would make conforming changes. The bill would specify that a general plan, zoning, or subdivision standard or criterion is not "applicable" for purposes of the act if its applicability to a housing development project is discretionary or if the project could be approved without the standard or criterion being met. By increasing the duties on local agencies, this bill would impose a state-mandated local program.
(2) The act provides that disproving a housing development project includes, among other things, any instance in which a local agency votes on the proposed housing development project application, or the local agency fails to comply with the time periods specified in the Permit Streamlining Act.
This bill would provide that disproving a housing development project for purposes of the act includes any instance in which a local agency takes action on the proposed housing development project application and disproves the project, or in the case of a ministerial project, if the local agency fails to comply with the time periods specified in the applicable law authorizing the ministerial project.
(3) The act requires a local agency that considers a proposed housing development project to be inconsistent, not in compliance, or not in conformity with applicable law to provide the applicant with a written document, within a specified amount of time, identifying the provisions the application is not in compliance with and an explanation of the reasons for the decision.
This bill would require a local agency that determines an application that was revised after the agency's initial denial is inconsistent, not in compliance, or not in conformity with applicable law to provide a similar written document within 30 days providing an explanation of the reasons for the decision. By requiring local agencies to provide additional specified written documents and explanations, this bill would impose a state-mandated local program.
(4) The act defines a housing development project to mean a use consisting of residential units only, specified mixed-use developments, and transitional housing or supportive housing.
The bill would define a housing development project for purposes of the act to also include a single unit, including an accessory dwelling unit, or the addition of one or more bedrooms to an existing residential unit.
(5) The act requires a local agency that proposes to impose a condition on a housing development project that the project be developed at a lower density to base its decision upon specified findings. The act defines "lower density" to mean any conditions that have the same effect or impact on the ability of the project to provide housing.
The bill would specify that conditions that have the same effect or impact on the ability of the project to provide housing include a reduction in the number of bedrooms or other normal residential features, or the substantial impairment of the housing development project's economic viability.
(6) Existing law authorizes the applicant to bring an action to enforce the act, and authorizes a court to issue an order or judgment directing the local agency to approve the housing development project or emergency shelter if the court finds that the local agency acted in bad faith when it disapproved or conditionally approved the housing development project or emergency shelter. Existing law requires the court to award reasonable attorney's fees and costs of suit to the plaintiff or petitioner, unless an exception applies.
This bill would authorize a plaintiff or petitioner who is the project applicant to seek compensatory damages for a violation of the act. The bill would specify that in an action brought to enforce the act, evidence is required to be taken and discretion in the determination of facts is vested in an inferior tribunal, corporation, board, or officer, regardless of whether the local agency's action was made at a legally required hearing.
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 Barbering and Cosmetology Act, establishes the State Board of Barbering and Cosmetology for the licensure and regulation of barbers and cosmetologists. Existing law requires the board to carry out a list of duties, including keeping a registration record of each licensee containing the name, address, license number, date issued, and any facts that the applicant may have stated in the application for examination for licensure. Existing law requires specified licensees to, within 30 days after a change of address, notify the board of the new address, and, upon receipt of the notification, the board is required to make the necessary changes in the register.

This bill would revise this provision to require the board, upon receipt of a licensee's change of address, to make the necessary changes in any board records and, where applicable, in the licensee's public profile maintained on the board's internet website.

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

SB 592

Version: Amended+Assembly
Author: Sen. Scott Wiener (D-CA)


Amended  IN  Assembly  June 13, 2019
Amended  IN  Senate  March 27, 2019

<>Housing Accountability Act.
(1) The Housing Accountability Act, among other things, prohibits a local agency from disapproving or conditioning approval in a manner that renders infeasible a housing development project that complies with applicable, objective general plan, zoning, and subdivision standards and criteria in effect at the time the application for the project is deemed complete within the meaning of the Permit Streamlining Act, unless the local agency makes specified written findings based on a preponderance of the evidence in the record.
This bill would provide that the act applies to any form of land use decision by a local agency, including a ministerial or use by right decision and a discretionary approval. The bill would require an application that is not subject to the Permit Streamlining Act to be deemed or determined to be complete for purposes of the act at the time the application is submitted to the local agency, and would make conforming changes. The bill would specify that a general plan, zoning, or subdivision standard or criterion is not "applicable" for purposes of the act if its applicability to a housing development project is discretionary or if the project could be approved without the standard or criterion being met. By increasing the duties on local agencies, this bill would impose a state-mandated local program.
(2) The act provides that disproving a housing development project includes, among other things, any instance in which a local agency votes on the proposed housing development project application, or the local agency fails to comply with the time periods specified in the Permit Streamlining Act.
This bill would provide that disproving a housing development project for purposes of the act includes any instance in which a local agency takes action on the proposed housing development project application and disproves the project, or in the case of a ministerial project, if the local agency fails to comply with the time periods specified in the applicable law authorizing the ministerial project.
(3) The act requires a local agency that considers a proposed housing development project to be inconsistent, not in compliance, or not in conformity with applicable law to provide the applicant with a written document, within a specified amount of time, identifying the provisions the application is not in compliance with and an explanation of the reasons for the decision.
This bill would require a local agency that determines an application that was revised after the agency's initial denial is inconsistent, not in compliance, or not in conformity with applicable law to provide a similar written document within 30 days providing an explanation of the reasons for the decision. By requiring local agencies to provide additional specified written documents and explanations, this bill would impose a state-mandated local program.
(4) The act defines a housing development project to mean a use consisting of residential units only, specified mixed-use developments, and transitional housing or supportive housing.
The bill would define a housing development project for purposes of the act to also include a single unit, including an accessory dwelling unit, or the addition of one or more bedrooms to an existing residential unit.
(5) The act requires a local agency that proposes to impose a condition on a housing development project that the project be developed at a lower density to base its decision upon specified findings. The act defines "lower density" to mean any conditions that have the same effect or impact on the ability of the project to provide housing.
The bill would specify that conditions that have the same effect or impact on the ability of the project to provide housing include a reduction in the number of bedrooms or other normal residential features, or the substantial impairment of the housing development project's economic viability.
(6) Existing law authorizes the applicant to bring an action to enforce the act, and authorizes a court to issue an order or judgment directing the local agency to approve the housing development project or emergency shelter if the court finds that the local agency acted in bad faith when it disapproved or conditionally approved the housing development project or emergency shelter. Existing law requires the court to award reasonable attorney's fees and costs of suit to the plaintiff or petitioner, unless an exception applies.
This bill would authorize a plaintiff or petitioner who is the project applicant to seek compensatory damages for a violation of the act. The bill would specify that in an action brought to enforce the act, evidence is required to be taken and discretion in the determination of facts is vested in an inferior tribunal, corporation, board, or officer, regardless of whether the local agency's action was made at a legally required hearing.
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 Barbering and Cosmetology Act, establishes the State Board of Barbering and Cosmetology for the licensure and regulation of barbers and cosmetologists. Existing law requires the board to carry out a list of duties, including keeping a registration record of each licensee containing the name, address, license number, date issued, and any facts that the applicant may have stated in the application for examination for licensure. Existing law requires specified licensees to, within 30 days after a change of address, notify the board of the new address, and, upon receipt of the notification, the board is required to make the necessary changes in the register.

This bill would revise this provision to require the board, upon receipt of a licensee's change of address, to make the necessary changes in any board records and, where applicable, in the licensee's public profile maintained on the board's internet website.

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