Dan Curtin, Jr.      &      Cecily Talbert
David Petersen     &    Elizabeth Naughton

McCutchen, Doyle, Brown & Enersen, LLP

1. INTRODUCTION

2. LAND USE AND DEVELOPMENT LAW

A. HOUSING

B. WATER

C. REDEVELOPMENT

D. PUBLIC WORKS

E. LOCAL AGENCY FORMATION COMMISSIONS (LAFCOs)

DISCLAIMER

**Also see questions and answers related to this topic.

For a look at what to expect in Year 2002, see a summary by
SANDE GEORGE, Legislative Lobbyist California APA

1. INTRODUCTION

2. LAND USE AND DEVELOPMENT LAW        

• School Siting
  Assembly Bill No. 1367 (Wiggins)
  Chapter 396, Statutes of 2001

Existing law allows a school district, by a two-thirds vote, to render city and county zoning ordinances inapplicable to classroom facilities. This statute requires more extended communication and coordination between school districts and cities and counties concerning the siting of classroom facilities, and adds procedural requirements to a school district's ability to render local zoning inapplicable. When a city or county notifies a school district of a proposed general plan adoption or amendment, the statute allows the district to request a meeting with the planning agency. Conversely, when a school district is preparing a facility needs analysis, master plan, or other long-range plan for school siting, it must notify the appropriate planning agencies, which may then request a meeting with the district. If either agency requests a meeting, the parties must meet within 45 days to discuss their concerns. Before a school district can override a local zoning ordinance, it must first comply with these expanded coordination requirements. The district must also comply with pre-existing CEQA requirements regarding school site review before overriding local zoning. Gov't Code §§ 53091, 53094, 65352.2.

• Subdivision Map Act; Lot Line Adjustments
  Senate Bill No. 497 (Sher)
  Chapter 873, Statutes of 2001

This statute amends the Subdivision Map Act to limit lot line adjustments to four or fewer existing adjoining parcels, and makes approval of lot line adjustments contingent upon conformity with the local general plan and any applicable coastal plan. Gov't Code § 66412(d). In addition, the statute revises existing law regarding Certificates of Compliance by allowing a city or county to issue only a conditional Certificate of Compliance if it determines that the parcel or parcels do not comply with the Map Act. This provision removes local discretion to issue an unconditional Certificate under such circumstances. Gov't Code § 66499.35. The new law also enlarges the ability of cities or counties to enact local ordinances requiring dedication of land for local transit facilities, by eliminating the requirement that such ordinances apply only to certain 200-unit projects. The statute provides, however, that projects involving the subdivision of airspace in existing buildings (condominium projects) can be required only to pay fees in lieu of dedication. Gov't Code § 66475.2. The new law also enlarges the power of cities and counties to require dedications for bicycle paths. Gov't Code § 66475.1.

• Local Government Omnibus Bill of 2001
  Senate Bill No. 210 (Torlakson)
  Chapter 176, Statutes of 2001

This statute makes 36 minor changes to laws affecting local agencies, land use, and fiscal affairs. Among the highlights, the statute: provides that certificates of correction for final or parcel maps can be recorded without notarization; creates a reminder that there are a few special districts providing police services statewide, and that legislation affecting police finances should be written to apply to them as well; adds leasehold interests to the list of government agency land conveyances exempt from the Subdivision Map Act; requires all local governments to use abbreviated descriptions and a subdivision number for final and parcel maps; requires a statement of conformity on the face of final maps, not just parcel maps; and clarifies that amending maps or certificates of correction must reflect the name of the owners at time of filing of those documents, not the original final map (if different).

A. HOUSING

• Affordable Housing Development Projects
  Assembly Bill No. 369 (Dutra)
  Chapter 237, Statutes of 2001

Prior Government Code section 65589.5 restricted the ability of cities and counties to reject or declare infeasible housing development projects that are affordable to very low-, low- or moderate-income households. This new law deletes the term "affordable" from section 65589.5, and makes its provisions consistently refer to housing for very low-, low- and moderate-income households. Of particular interest is a new provision that states that if a successful court action is brought challenging a city or county's action under the statute, the court "shall award reasonable attorney fees and costs of suit to the plaintiff or petitioner who proposed the housing development, except under extraordinary circumstances in which the court finds that awarding fees would not further the purposes of this section." Gov't Code § 65589.5(k). The statute also makes minor conforming changes to provisions of the Health and Safety Code and CEQA that apply to affordable housing.

• Interim Ordinances: Affordable Housing
  Senate Bill No. 1098 (Alarcon)
  Chapter 939, Statutes of 2001

This statute prohibits extensions beyond 45 days of interim ordinances that have the effect of preventing approvals needed for the development of projects with a "significant component" (at least one-third of the total project square footage) of multi-family housing, unless specific findings are made supported by substantial evidence. Those findings include a conclusion that continued approval of multi-family housing projects would have a specific, adverse impact on public health or safety, that the interim ordinance is necessary to avoid that impact, and that there is no feasible alternative to satisfactorily avoid or mitigate such impact. The ban on extensions does not apply to demolition, conversion, redevelopment or rehabilitation of lower income multi-family housing. Gov't Code § 65858.

B. WATER

• Water Supply Planning
  Senate Bill No. 610 (Costa)
  Chapter 643, Statutes of 2001

Cities or counties that determine that a project is subject to CEQA must request that any public water system that may supply water for the project assess whether its total water supplies will meet the projected demands of the project. If no public water system is identified, the city or county must provide its own assessment. The assessment must include, among other things, identification of existing water supply entitlements, water rights, or water service contracts relevant to the identified water supply for the proposed project (including groundwater supply), and a description of water received in prior years pursuant to those entitlements. If the public water system (or city or county) concludes that water supplies will be insufficient to serve the project, it must submit plans for the acquisition of additional water supplies. The water supply assessment must be included in the environmental impact report for the project. This statute also authorizes a city or county to compel a water system, by writ of mandamus, to comply with the statute's requirements. Water Code §§ 10631, 10656, 10657, 10910, 10911.

• Water Supply Planning
  Assembly Bill No. 901 (Daucher)
  Chapter 644, Statutes of 2001

Pursuant to the Urban Water Management Planning Act - Water Code § 10610 et seq. - urban water suppliers are required to prepare and update urban water management plans for submission to the Department of Water Resources. This new statute requires each plan to include, to the extent practicable, information relating to the quality of available water sources and the manner in which water quality affects water management strategies and supply reliability. It also requires a plan for supplementing a water source that may not be available at a consistent level of supply. The declarations regarding water quality added by this statute indicate the concern of the Legislature with public health issues related to water contamination, the effect of water quality and salinity on the efficacy of water management strategies, promotion of the beneficial use of recycled water, and the impact of current and future water quality regulations on the selection of raw water sources and the long term reliability of those sources.

• Conditions of Approval; Water Availability
  Senate Bill No. 221 (Kuehl)
  Chapter 642, Statutes of 2001

This statute requires a city or county to condition the approval of a subdivision of more than 500 residential units (or, for a residential project to be connected to a public water system with less than 5,000 hookups, any subdivision that increases the number of hookups by 10% or more) on a requirement that sufficient water shall be available. Te city or county, or the developer, must request proof of water availability from the applicable public water system. If the public water system refuses to answer, the city or county or any interested person may obtain a court order forcing the water system to respond. If the water system still fails to respond, or reports that there is not a sufficient supply, the city or county may nonetheless find that additional water supplies not accounted for by the water system are, or will be, available. Findings regarding water availability by either the water system or the city or county must be supported by substantial evidence. Gov't Code § 66473.7. Also the statute provides that a development agreement for a subdivision subject to the statute shall not be approved unless the agreement provides that any tentative map prepared will comply with the new law. Gov't Code § 65867.5.

• Storm Water Monitoring
  Senate Bill No. 72 (Kuehl)
  Chapter 492, Statutes of 2001

This statute requires the State Water Resources Control Board and each Regional Water Quality Control Board to develop, before January 1, 2003, minimum monitoring requirements for municipalities that were subject to a storm water permit on or before December 31, 2001, and minimum standard monitoring requirements for regulated industries, as specified. The statute also mandates that the requirements established in accordance with the statute's provisions be included in all storm water permits on or before July 1, 2008. The State Water Resources Control Board then must make available to the public a summary of the results of the monitoring required by the new law. Water Code § 13383.5.

• Water Management Plans
  Senate Bill No. 672 (Machado)
  Chapter 320, Statutes of 2001

This statute requires the Department of Water Resources to include in the California Water Plan a report on the development of regional and local water projects within each hydrological region of the state. This report is intended to improve water supply and minimize the need for cross-basin water transport. The statute also requires each urban water supplier to describe in its management plan the tools and options utilized by that supplier to maximize resources and minimize the need to import water from other regions. Water Code §§ 10013, 10620.

C. REDEVELOPMENT

• Redevelopment; Affordable Housing
  Assembly Bill No. 637 (Lowenthal)
  Chapter 738, Statutes of 2001

This statute makes several changes to housing requirements under redevelopment law. Among those changes are a requirement that redevelopment housing for very low-, low-, and moderate-income residents be kept available to persons of those income categories for up to 55 years. The statute also requires that redevelopment agencies not use the Low and Moderate Income Housing Fund for new or rehabilitated affordable housing to the extent such projects can be financed in the private and commercial sectors. Further, redevelopment agencies are now required to make affordable housing available for rent or purchase by the lower-income families originally displaced by the redevelopment project, and to provide additional information in their redevelopment plans as to the use of the Low and Moderate Income Housing Fund in assisting lower income families obtain post-redevelopment affordable housing. Finally, the statute eliminates the January 1, 2002 sunset date for the 15% affordable housing requirement. Health & Safety Code §§ 33334.2, 33334.3, 33334.4, 33411.5, 33413.

• Redevelopment; Indebtedness
  Senate Bill No. 211 (Torlakson)
  Chapter 741, Statutes of 2001

This statute allows redevelopment agencies with projects created before 1994 to extend those projects for an additional 10 years, so long as the agency does not have "excess surplus funds," has a state-approved housing element, and makes a finding that significant blight remains in the project area. If the extension is taken, the agency must thereafter use at least 30% of its tax increment financing revenue for affordable housing. Health & Safety Code §§ 33140-41, 33333.2-33333.13.

D. PUBLIC WORKS

• California Infrastructure and Economic Development Bank
  Senate Bill No. 975 (Alarcon)
  Chapter 938, Statutes of 2001

Prior law required public works financed by the California Infrastructure and Economic Development Bank to comply with certain prevailing wage laws. This statute expands this requirement to include any public works funded through the use of industrial development bonds under the California Industrial Development Financing Act. It also changes the definition of "public works" to, among other things, exclude affordable housing units for very low-, low- or moderate-income persons. Finally, the new law provides that certain private residential housing projects on private property are not subject to prevailing wage, hour, and discrimination laws. Gov't Code § 63036; Labor Code § 1720.

E. LOCAL AGENCY FORMATION COMMISSIONS (LAFCOs)

• Commission Members; Per Diem
  Assembly Bill No. 720 (Committee on Local Government)
  Chapter 388, Statutes of 2001

This statute is a "clean-up" of last year's Cortese-Knox-Hertzberg LAFCO statute. Gov't Code § 56001 et seq. The new legislation corrects minor inconsistencies and clerical errors in existing law, and repeals an obsolete provision. It contains only one substantive change, which provides that the Board of Supervisors may authorize payment of a per diem to Local Agency Formation Commission members and alternates for each day that they are in attendance at meetings of the Commission.

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