Amended in Senate June 21, 2016

Amended in Assembly January 13, 2016

Amended in Assembly January 4, 2016

Amended in Assembly April 16, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 1500

Introduced by Assembly Member begin delete Maienschein end delete begin insert Atkins end insert

begin delete

(Coauthors: Assembly Members Mullin and Steinorth)

end delete

February 27, 2015

begin delete An act to add Section 65583.5 to the Government Code, relating to land use. end delete begin insert An act to amend Section 375 of the Streets and Highways Code, relating to state highways. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 1500, as amended, begin delete Maienschein end delete   begin insert Atkins end insert . begin delete Planning and zoning: housing element: supportive housing and transitional housing. end delete begin insert State highways: relinquishment: Route 75. end insert

begin insert

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state highway segments that have been deleted from the state highway system by legislative enactment or have been superseded by relocation, and in certain other cases.

end insert begin insert

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.

end insert begin delete

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.

end delete begin delete

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.

end delete

Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program: no.

The people of the State of California do enact as follows:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 375 of the end insert begin insert Streets and Highways Code end insert begin insert is
amended to read: end insert

375.  

begin insert (a) end insert begin insert   end insert Route 75 is from Route 5 to Route 5 via the Silver
Strand and the San Diego-Coronado Toll Bridge.

begin insert

(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:

end insert begin insert

(1) To the City of Imperial Beach, the portions of Route 75
within its city limits.

end insert begin insert

(2) To the City of San Diego, the portions of Route 75 within
its city limits.

end insert begin insert

(c) The following conditions apply upon relinquishment:

end insert begin insert

(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.

end insert begin insert

(2) On and after the effective date of the relinquishment, the
relinquished portions of Route 75 shall cease to be a state highway.

end insert begin insert

(3) The portions of Route 75 relinquished under subdivision (b)
and this subdivision shall be ineligible for future adoption under
Section 81.

end insert begin insert

(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.

end insert begin insert

(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.

end insert

begin delete

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).

end delete