California Assembly Bill AB1500 Amended / Bill

 BILL NUMBER: AB 1500AMENDED BILL TEXT AMENDED IN SENATE JUNE 21, 2016 AMENDED IN ASSEMBLY JANUARY 13, 2016 AMENDED IN ASSEMBLY JANUARY 4, 2016 AMENDED IN ASSEMBLY APRIL 16, 2015 INTRODUCED BY Assembly Member  Maienschein   Atkins   (   Coauthors:   Assembly Members  Mullin     and Steinorth   )  FEBRUARY 27, 2015  An act to add Section 65583.5 to the Government Code, relating to land use.   An act to amend Section 375 of the Streets and Highways Code, relating to state highways.  LEGISLATIVE COUNSEL'S DIGEST AB 1500, as amended,  Maienschein   Atkins  .  Planning and zoning: housing element: supportive housing and transitional housing.   State highways: relinquishment: Route 75.   Existing law gives the Department of Transportation full possession and control of all state highways. Existing law describes the authorized routes in the state highway system and establishes a process for adoption of a highway on an authorized route by the California Transportation Commission. Existing law authorizes the commission to relinquish to local agencies state highway segments that have been deleted from the state highway system by legislative enactment or have been superseded by relocation, and in certain other cases.   This bill would authorize the commission to relinquish to the Cities of Imperial Beach and San Diego specified portions of Route 75, under certain conditions.   The Planning and Zoning Law requires a city or county to adopt a general plan for land use development that includes, among other things, a housing element. That law requires the housing element to include an assessment of housing needs and an inventory of resources and constraints relevant to the meeting of these needs. That law requires this assessment and inventory to include the identification of a zone or zones where emergency shelters are allowed as a permitted use without a conditional use or other discretionary permit, as provided.   This bill would authorize a city or county to additionally include in its assessment and inventory the identification of supportive housing and transitional housing, as those terms are defined in specified statutes. If a local government elects to include this identification in its assessment and inventory, the bill would impose certain requirements, including that the identified zone or zones include sufficient capacity to accommodate the need for supportive housing or transitional housing, that the local government demonstrate that existing or proposed permit processing, development, and management standards are objective and encourage and facilitate the development of supportive housing or transitional housing, and that supportive housing or transitional housing generally be subject only to the development and management standards that apply to residential or commercial development within the same zone. The bill would also provide that the permit processing, development, and management standards applied under these provisions would not be discretionary acts within the meaning of the California Environmental Quality Act.  Vote: majority. Appropriation: no. Fiscal committee:  no   yes  . State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:  SECTION 1.   Section 375 of the   Streets and Highways Code   is amended to read:  375.  (a)    Route 75 is from Route 5 to Route 5 via the Silver Strand and the San Diego-Coronado Toll Bridge.  (b) Upon a determination by the commission that it is in the best interests of the state to do so, the commission may, upon terms and conditions approved by it, relinquish portions of Route 75, if the department and the applicable local agency enter into an agreement providing for that relinquishment, as follows:   (1) To the City of Imperial Beach, the portions of Route 75 within its city limits.   (2) To the City of San Diego, the portions of Route 75 within its city limits.   (c) The following conditions apply upon relinquishment:   (1) The relinquishment shall become effective on the date following the county recorder's recordation of the relinquishment resolution containing the commission's approval of the terms and conditions of the relinquishment.   (2) On and after the effective date of the relinquishment, the relinquished portions of Route 75 shall cease to be a state highway.   (3) The portions of Route 75 relinquished under subdivision (b) and this subdivision shall be ineligible for future adoption under Section 81.   (4) The Cities of Imperial Beach and San Diego shall ensure the continuity of traffic flow on the relinquished portions of Route 75, including any traffic signal progression.   (5) For the portions of Route 75 relinquished under subdivision (b) and this subdivision, the Cities of Imperial Beach and San Diego shall install and maintain, within their respective jurisdictions, signs directing motorists to the continuation of Route 75 to the extent deemed necessary by the department.   SECTION 1.   Section 65583.5 is added to the Government Code, to read: 65583.5. The assessment and inventory adopted pursuant to subdivision (a) of Section 65583 may include the identification of a zone or zones where supportive housing, as defined in paragraph (2) of subdivision (b) of Section 50675.14 of the Health and Safety Code, or transitional housing, as defined in Section 50801 of the Health and Safety Code, is allowed as a permitted use without a conditional use or other discretionary permit. If the local government elects to identify a zone or zones pursuant to this section, all of the following shall apply: (a) The identified zone or zones shall include sufficient capacity to accommodate the need for supportive housing or transitional housing. If the local government cannot identify a zone or zones with sufficient capacity, the local government shall include a program to amend its zoning ordinance to meet the requirements of this section within one year of the adoption of the housing element. The local government may identify additional zones where supportive housing or transitional housing is permitted with a conditional use permit. (b) The local government shall also demonstrate that existing or proposed permit processing, development, and management standards are objective and encourage and facilitate the development of, or conversion to, supportive housing or transitional housing. Supportive housing or transitional housing may only be subject to those development and management standards that apply to residential or commercial development within the same zone except that a local government may apply written, objective standards. (c) The permit processing, development, and management standards applied under this section shall not be deemed to be discretionary acts within the meaning of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).