SB 677: Housing financing: joint powers agreements: bond approvals: subdivisions: tentative and final maps: appeals.

6505.7.

(a) The geographic jurisdiction of a joint powers authority created pursuant to this chapter is the area encompassed by the combined geographical boundaries of all of its member public agencies.

(b) This section is declaratory of existing law.

6505.9.

(a) For the purpose of this section, all of the following definitions shall apply:

(1) “Eligible residential rental project” means a qualified residential rental project that meets both of the following conditions:

(A) The qualified residential rental project has received an allocation from the California Debt Limit Allocation Committee from the state ceiling on qualified private activity bonds, or requires approval under Section 147(f) of the Internal Revenue Code in order to obtain such an allocation.

(B) The city, county, or city and county where the qualified residential rental project is located is a member of a joint powers authority formed pursuant to this chapter that plans to issue the qualified private activity bonds for that qualified residential rental project and the city, county, or city and county has failed to provide the approval required by federal tax law, or has failed to provide any member consent or approval required under the joint exercise of powers agreement for that qualified residential rental project or for the issuance of those bonds, after a written request is sent by the joint powers authority or the borrower. Failure to provide the approval required by federal tax law, or to provide any member consent or approval required under the joint exercise of powers agreement for that qualified residential rental project or for the issuance of those bonds by the time approval required by federal tax law is provided by any one city, county, or city and county that is a member of the joint powers authority satisfies this subparagraph.

(2) “Failure to provide the approval required by federal tax law” means either of the following:

(A) If the city, county, or city and county has not published a qualifying document, “failure to provide the approval required by federal tax law” means failure to hold the relevant hearing and provide the required approval within 30 days after a written request is sent by the joint powers authority or the borrower.

(B) If the city, county, or city and county has published a qualifying document, “failure to provide the approval required by federal tax law” means failure to hold the relevant hearing and provide the required approval within the time period established by the document after written request is sent by the joint powers authority or the borrower, including by electronic mail.

(3) “Local agency member” means a city, county, or city and county that is a member of a joint powers authority formed pursuant to this chapter, provided that the joint powers authority plans to issue the qualified private activity bonds for an eligible residential rental project.

(4) “Qualified residential rental project” has the meaning as defined in Section 142(d) of the Internal Revenue Code of 1986, as amended.

(5) “Qualifying document” means a current document, published online by the city, county, or city and county, that establishes the standard process and timing the city, county, or city and county undergoes to hold a public hearing satisfying Section 147(f) of the Internal Revenue Code and Section 1.147(f)-1 of Title 26 of the Code of Federal Regulations and to adopt a resolution or take other formal action approving the bonds as required by federal tax law, provided that the process and timing so established do not exceed 90 days after written request is sent by the joint powers authority or the borrower, including by email.

(6) “Written request” means a request that meets all of the following conditions:

(A) The request is in writing and identifies the eligible residential rental project, its location, and the proposed plan of finance, and requests that the city, county, or city and county hold the hearing required by Section 147(f) of the Internal Revenue Code and Section 1.147(f)-1 of Title 26 of the Code of Federal Regulations and adopt a resolution or take other formal action approving the bonds as required by federal tax law, and requests that the city, county, or city and county provide any member consent or approval required under the joint exercise of powers agreement for the eligible residential rental project or for the issuance of the bonds.

(B) The request is sent by the joint powers authority or the borrower to the clerk of the legislative body of the city, county, or city and county and, if a qualifying document published by the city, county, or city and county designates an official or office as responsible for receiving or processing requests of that type, to that official or office.

(b) (1) For the purposes of Section 147(f) of the Internal Revenue Code, the Treasurer is designated as an applicable elected representative of the State of California.

(2) (A) For the purposes of Part 5 (commencing with Section 52000) of Division 31 of the Health and Safety Code, including, but not limited to, Chapter 7 (commencing with Section 52075), “city” or “county” shall be deemed to include the state when the state is a member of a joint powers authority pursuant to subdivision (c).

(B) This paragraph shall only provide the state with the power to issue bonds and provide approval, consent, or other action required pursuant to this part to finance eligible residential rental projects. This power shall be deemed common to the state and the cities, counties, or cities and counties that are members of the joint powers authority for the purposes of Sections 6502 and 6508 and may be exercised only through that joint powers authority.

(C) For purposes of this paragraph, “bonds” has the same meaning as defined in Section 52011 of the Health and Safety Code.

(c) Notwithstanding any other law or any other provision of this chapter, the Treasurer may, on behalf of the State of California, enter into a joint exercise of powers agreement, and, thereby cause the state to become a member of that joint powers authority, without approval otherwise required pursuant to Section 6501. The state’s membership shall be limited to providing for the Treasurer, on behalf of the state, to do one or both of the following:

(1) Provide issuer approval, host approval, or both, pursuant to Section 147(f) of the Internal Revenue Code and Section 1.147(f)-1 of Title 26 of the Code of Federal Regulations, for the issuance of tax-exempt private activity bonds by the joint powers authority to finance eligible residential rental projects.

(2) (A) Provide any member consent or approval required under the joint exercise of powers agreement for the issuance of either of the following types of bonds by the joint powers authority to finance eligible residential rental projects:

(i) Tax-exempt multifamily housing revenue bonds, issued pursuant to Part 5 (commencing with Section 52000) of Division 31 of the Health and Safety Code.

(ii) An issuance that includes both tax-exempt and taxable multifamily housing revenue bonds, issued pursuant to Part 5 (commencing with Section 52000) of Division 31 of the Health and Safety Code, for the same eligible residential rental project.

(B) Any approval, consent, or other action by the Treasurer pursuant to this paragraph shall constitute the approval or other action of the city, county, or city and county required pursuant to Part 5 (commencing with Section 52000) of Division 31 of the Health and Safety Code.

(d) (1) If the state becomes a member of a joint powers authority pursuant to this section, the state shall be deemed a member public agency, and the geographic jurisdiction of the joint powers authority shall include the geographical boundaries of the state.

(2) The state’s entry into a joint exercise of powers agreement pursuant to this section shall not expand, limit, or otherwise affect the authority of a joint powers authority to do either of the following:

(A) Exercise any power, except the power to take the actions, including to issue bonds, specified in paragraphs (1) and (2) of subdivision (c), within the geographic boundaries of the joint powers authority’s local agency members.

(B) Exercise any authority outside of the geographic boundaries of the joint powers authority’s local agency members.

(3) Notwithstanding any provision of the joint exercise of powers agreement, neither the Treasurer nor the state shall exercise, or be deemed to hold, any power or right under that agreement or as a member of the joint powers authority other than the powers specified in paragraphs (1) and (2) of subdivision (c) if the state becomes a member of a joint powers authority pursuant to this section.

(4) The Treasurer’s execution and delivery, on behalf of the state, of a counterpart of a joint powers agreement entered into pursuant to subdivision (c) shall constitute the state’s approval of that agreement and shall satisfy any requirement of that agreement for approval or authorization of the state’s membership by the governing body of the state or by resolution of a governing body.

(e) This section shall not expand, limit, or otherwise affect any of the following:

(1) The authority of the state, or any officer or agency of the state, to enter into a joint exercise of powers agreement or cause the state to become a member of a joint powers authority formed pursuant to this chapter under any other provision of law.

(2) The authority of a joint powers authority of which the Treasurer or the state is not a member to issue bonds or other obligations.

(3) The authority of the Treasurer under Section 6547.9 to approve or certify the issuance of bonds, notes, or other evidence of indebtedness, issued by or on behalf of a joint powers authority of which the Treasurer is not a member.

(4) The authority of a joint powers authority to issue bonds or other obligations that are not tax-exempt private activity bonds, including bonds the interest on which is taxable for federal income tax purposes.

6519.

(a) Notwithstanding any other provision of law, the State of California does hereby pledge to, and agree with, the holders of bonds issued by any agency or entity created by a joint exercise of powers agreement by and among two or more cities, counties, or cities and counties, that the state shall not change the composition of the issuing agency or entity unless the change in composition is authorized by a majority vote of the legislative body of each city, county, or city and county, or by a majority vote of the qualified electors of each city, county, or city and county.

(b) (1) “Change in composition,” as used in this section, means the addition of any public agency or person to any agency or entity created by a joint exercise of powers agreement pursuant to this chapter, the deletion of any public agency from any joint powers agency or entity, or the addition to, or deletion from, the governing body of any joint powers agency, or entity of any public official of any member public agency or other public agency, or any other person.

(2) Notwithstanding paragraph (1), the state becoming a member of an existing joint powers authority pursuant to Section 6505.9 shall not, in and of itself, constitute a “change in composition.”

66452.5.

(a) (1) The subdivider, or any tenant of the subject property, in the case of a proposed conversion of residential real property to a condominium project, community apartment project, or stock cooperative project, may appeal from any action of the advisory agency with respect to a tentative map to the appeal board established by local ordinance or, if none, to the legislative body.

(2) The appeal shall be filed with the clerk of the appeal board, or if there is none, with the clerk of the legislative body within 10 days after the action of the advisory agency from which the appeal is being taken.

(3) Upon the filing of an appeal, the appeal board or legislative body shall set the matter for hearing. The hearing shall be held within 45 days after the date of a request filed by the subdivider or the appellant. If there is no regular meeting of the legislative body within the next 45 days for which notice can be given pursuant to Section 66451.3, the appeal may be heard at the next regular meeting for which notice can be given, or within 60 days from the date of the receipt of the request, whichever period is shorter. Within 10 days following the conclusion of the hearing, the appeal board or legislative body shall render its decision on the appeal.

(b) (1) The subdivider, any tenant of the subject property, in the case of a conversion of residential real property to a condominium project, community apartment project, or stock cooperative project, or the advisory agency may appeal from the action of the appeal board to the legislative body. The appeal shall be filed in writing with the clerk of the legislative body within 10 days after the action of the appeal board from which the appeal is being taken.

(2) After the filing of an appeal, the legislative body shall set the matter for hearing. The hearing shall be held within 45 days after the date of the request filed by the subdivider or the appellant. If there is no regular meeting of the legislative body within the next 45 days for which notice can be given pursuant to Section 66451.3, the appeal may be heard at the next regular meeting for which notice can be given, or within 60 days from the date of the receipt of the request, whichever period is shorter. Within 10 days following the conclusion of the hearing, the legislative body shall render its decision on the appeal.

(c) (1) If there is an appeal board and it fails to act upon an appeal within the time limit specified in this chapter, the decision from which the appeal was taken shall be deemed affirmed and an appeal therefrom may thereupon be taken to the legislative body as provided in subdivision (b) of this section. If no further appeal is taken, the tentative map, insofar as it complies with applicable requirements of this division and any local ordinance, shall be deemed approved or conditionally approved as last approved or conditionally approved by the advisory agency, and it shall be the duty of the clerk of the legislative body to certify or state that approval, or if the advisory agency is one that is not authorized by local ordinance to approve, conditionally approve, or disapprove the tentative map, the advisory agency shall submit its report to the legislative body as if no appeal had been taken.

(2) If the legislative body fails to act upon an appeal within the time limit specified in this chapter, the tentative map, insofar as it complies with applicable requirements of this division and any local ordinance, shall be deemed to be approved or conditionally approved as last approved or conditionally approved, and it shall be the duty of the clerk of the legislative body to certify or state that approval.

(d) (1) Except as provided in Section 66452.8, any interested person adversely affected by a decision of the advisory agency or appeal board may file an appeal with the legislative body concerning any decision of the advisory agency or appeal board. The appeal shall be filed with the clerk of the legislative body within 10 days after the action of the advisory agency or appeal board that is the subject of the appeal. Upon the filing of the appeal, the legislative body shall set the matter for hearing. The hearing shall be held within 45 days after the date of a request filed by the subdivider or the appellant. If there is no regular meeting of the legislative body within the next 45 days for which notice can be given pursuant to Section 66451.3, the appeal may be heard at the next regular meeting for which notice can be given, or within 60 days from the date of the receipt of the request, whichever period is shorter. The hearing may be a public hearing for which notice shall be given in the time and manner provided.

(2) Upon conclusion of the hearing, the legislative body shall, within 10 days, declare its findings based upon the testimony and documents produced before it or before the advisory board or the appeal board. The legislative body may sustain, modify, reject, or overrule any recommendations or rulings of the advisory board or the appeal board and may make any findings that are not inconsistent with the provisions of this chapter or any local ordinance adopted pursuant to this chapter.

(e) Each decision made pursuant to this section shall be supported by findings that are consistent with the provisions of this division and any local ordinance adopted pursuant to this division.

(f) Notice of each hearing provided for in this section shall be sent by United States mail to each tenant of the subject property, in the case of a conversion of residential real property to a condominium project, community apartment project, or stock cooperative project, at least three days prior to the hearing. The notice requirement of this subdivision shall be deemed satisfied if the notice complies with the legal requirements for service by mail. Pursuant to Section 66451.2, fees may be collected from the subdivider or from persons appealing or filing an appeal for expenses incurred under this section.

66452.8.

(a) An interested person may not file an appeal pursuant to Section 66452.5, 66458, 66462, or 66474.7, or pursuant to a local subdivision ordinance, if all of the following criteria are met:

(1) The decision of the advisory agency, appeal board, or designated official relates to a map that is part of a housing development project, as defined in paragraph (2) of subdivision (h) of Section 65589.5.

(2) The project site is located entirely within either of the following:

(A) An incorporated city, the boundaries of which include some portion of an urban area.

(B) An urban area in a county with a population greater than 250,000 based on the most recent United States Census Bureau data.

(3) The project site meets the criteria set forth in paragraph (3) of subdivision (a) of Section 21080.66 of the Public Resources Code.

(4) The project is not located on a site that is any of the following:

(A) (i) An area of the coastal zone subject to paragraph (1) or (2) of subdivision (a) of Section 30603 of the Public Resources Code.

(ii) An area of the coastal zone that is not subject to a certified local coastal program or a certified land use plan.

(iii) An area of the coastal zone that is vulnerable to five feet of sea level rise, as determined by the National Oceanic and Atmospheric Administration, the Ocean Protection Council, the United States Geological Survey, the University of California, or a local government’s coastal hazards vulnerability assessment.

(iv) In a parcel in the coastal zone and located on either of the following:

(I) On, or within a 100-foot radius of, a wetland, as defined in Section 30121 of the Public Resources Code.

(II) On prime agricultural land, as defined in Sections 30113 and 30241 of the Public Resources Code.

(B) Either prime farmland or farmland of statewide importance, as defined pursuant to the United States Department of Agriculture land inventory and monitoring criteria, as modified for California, and designated on the maps prepared by the Farmland Mapping and Monitoring Program of the Department of Conservation, or land zoned or designated for agricultural protection or preservation by a local ballot measure that was approved by the voters of that jurisdiction.

(C) Wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).

(D) Within a very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to Section 51178, or within a very high fire hazard severity zone as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to Section 4202 of the Public Resources Code.

(E) Within a delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law (Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code), and by any local building department under Chapter 12.2 (commencing with Section 8875) of Division 1 of Title 2.

(F) Within a regulatory floodway as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency, unless the development has received a no-rise certification in accordance with Section 60.3(d)(3) of Title 44 of the Code of Federal Regulations. If a development proponent is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this subparagraph and is otherwise eligible for streamlined approval under this section, a local government shall not deny the application on the basis that the development proponent did not comply with any additional permit requirement, standard, or action adopted by that local government that is applicable to that site.

(G) Lands under conservation easement.

(5) Any parcels proposed to be created by the map to which the decision relates will be served by a public water system and a municipal sewer system.

(b) This section shall not apply to an appeal filed by either of the following:

(1) An applicant, subdivider, tenant in the case of residential conversion projects, or advisory agency otherwise authorized to file an appeal under applicable law.

(2) A public agency or a public official acting within the course and scope of their employment.

66458.

(a) The legislative body shall, at the meeting at which it receives the map or, at its next regular meeting after the meeting at which it receives the map, approve the map if it conforms to all the requirements of this chapter and any local subdivision ordinance applicable at the time of approval or conditional approval of the tentative map and any rulings made thereunder. If the map does not conform, the legislative body shall disapprove the map.

(b) If the legislative body does not approve or disapprove the map within the prescribed time, or any authorized extension thereof, and the map conforms to all requirements and rulings, it shall be deemed approved, and the clerk of the legislative body shall certify or state its approval thereon.

(c) The meeting at which the legislative body receives the map shall be the date on which the clerk of the legislative body receives the map.

(d) The legislative body may provide, by ordinance, for the approval or disapproval of final maps by the city or county engineer, surveyor, or other designated official. The legislative body may also provide, by ordinance, that the official may accept, accept subject to improvement, or reject dedications and offers of dedications that are made by a statement on the map. Any ordinance adopted pursuant to this subdivision shall provide that (1) the designated official shall notify the legislative body at its next regular meeting after the official receives the map that the official is reviewing the map for final approval, (2) the designated official shall approve or disapprove the final map within 10 days following the meeting of the legislative body that was preceded by the notice in (4) below, (3) the designated official’s action may be appealed to the legislative body, except as provided in Section 66452.8, (4) the clerk of the legislative body shall provide notice of any pending approval or disapproval by a designated official, which notice shall be attached and posted with the legislative body’s regular agenda and shall be mailed to interested parties who request notice, and (5) the legislative body shall periodically review the delegation of authority to the designated official. Except as specifically authorized by this subdivision, the processing of final maps shall conform to all procedural requirements of this division.

66462.

(a) If, at the time of approval of the final map by the legislative body, any public improvements required by the local agency pursuant to this division or local ordinance have not been completed and accepted in accordance with standards established by the local agency by ordinance applicable at the time of the approval or conditional approval of the tentative map, the legislative body, as a condition precedent to the approval of the final map, shall require the subdivider to enter into one of the following agreements specified by the local agency:

(1) An agreement with the local agency upon mutually agreeable terms to thereafter complete the improvements at the subdivider’s expense.

(2) An agreement with the local agency to thereafter do either of the following:

(A) Initiate and consummate proceedings under an appropriate special assessment act or the Mello-Roos Community Facilities Act of 1982, Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 for the financing and completion of all of the improvements.

(B) If the improvements are not completed under a special assessment act or the Mello-Roos Community Facilities Act of 1982, Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5, to complete the improvements at the subdivider’s expense.

(b) The standards may be adopted by reference, without posting or publishing them, if they have been printed in book or booklet form and three copies of the books or booklets have been filed for use and examination by the public in the office of the clerk of the legislative body.

(c) The local agency entering into any agreement pursuant to this section shall require that performance of the agreement be guaranteed by the security specified in Chapter 5 (commencing with Section 66499).

(d) The legislative body may provide, by ordinance, that the agreement entered into pursuant to this section may be entered into by a designated official, in accordance with standards adopted by the local agency. Except as provided in Section 66452.8, the designated official’s action may be appealed to the legislative body for conformance with this chapter and any applicable local subdivision ordinance. Any ordinance adopted pursuant to this subdivision shall provide that the legislative body shall periodically review this delegation of authority to the designated official.

66474.7.

The responsibilities of the governing body under the provisions of Sections 66473.5, 66474, 66474.1, and 66474.6 may be assigned to an advisory agency or appeal board provided the governing body adopts an ordinance which allows any interested person to appeal any decision of the advisory agency or the appeal board relative to such matters to the governing body, except as provided in Section 66452.8. Such appellant shall be entitled to the same notice and rights regarding testimony as are accorded a subdivider under Section 66452.5.

52011.5.

(a) “City” or “county” includes a city and county and also includes any agency created by a joint powers agreement under Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code entered into by cities or counties, or both, for the express purpose of the joint exercise of their powers under this part.

(b) “City” or “county” also includes the state to the extent, and for the purposes, provided in paragraph (2) of subdivision (b) of Section 6505.9 of the Government Code.