Residential windows: retrofitting: residential window replacement projects: California Building Code compliance., the official text

An act to add Section 4754 to the Civil Code, and to add Section 65850.73 to the Government Code, relating to windows.

LEGISLATIVE COUNSEL'S DIGEST

(1) Existing law, the Davis-Stirling Common Interest Development Act, governs the management and operation of common interest developments. Existing law places various limits and prohibitions on the governing documents, as defined, relative to an owner’s separate interest within those developments.
This bill would prohibit those governing documents from limiting or prohibiting the owner of a separate interest within a common interest development from completing a residential window replacement project, as defined, or from imposing any requirements on California Energy Code-compliant windows in a housing development project, as defined.
(2) The Planning and Zoning Law authorizes the legislative body of any county or city to adopt ordinances that regulate the use of buildings, structures, and land as between industry, business, residences, open space, and other purposes.
This bill would require a city, county, or city and county to administratively approve an application for a residential window replacement project. The bill would prohibit a city, county, or city and county from requiring discretionary review or a hearing for a residential window replacement project. The bill would also prohibit a city, county, or city and county from denying an application for a residential window replacement project and a local government that is both a city and county from imposing any conditions on certain windows proposed in a housing development project, except as specified. The bill would limit the application of these provisions under certain circumstances, including if a residential structure is individually listed as a historical resource in the State Historic Resources Inventory or a local register of historical resources, as those terms are defined.
By adding to the duties of local governments, this bill would impose a state-mandated local program.
(3) The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.
(4) This bill would make legislative findings and declarations as to the necessity of a special statute for the City and County of San Francisco.
(5) 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.

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

SECTION 1.
Section 4754 is added to the Civil Code, to read:
4754.
(a) No governing documents shall limit or prohibit the owner of a separate interest within a common interest development from completing a residential window replacement project or impose any requirements on California Energy Code-compliant windows in a housing development project.
(b) For purposes of this section, the following definitions apply:
(1) “California Energy Code-compliant windows” means windows that meet or exceed the mandatory requirements for fenestration products and exterior doors, as described in Section 110.6 of the California Energy Code (Part 6 of Title 24 of the California Code of Regulations) or a subsequent code section adopted by the California Building Standards Commission in the most recent triennial building code cycle.
(2) “Housing development project” means a housing development project as defined in paragraph (2) of subdivision (h) of Section 65589.5 of the Government Code.
(3) “Residential window replacement project” has the same meaning as defined in Section 65850.73 of the Government Code.

SEC. 2.
Section 65850.73 is added to the Government Code, to read:
65850.73.
(a) The Legislature finds and declares that retrofitting windows in existing residential buildings with windows that meet current California Energy Code standards is critical to reducing energy consumption and achieving the state’s climate goals, which is a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this section applies to all cities, including charter cities.
(b) For the purposes of this section, the following definitions apply:
(1) “Housing development project” means a housing development project as defined in paragraph (2) of subdivision (h) of Section 65589.5.
(2) “Residential window replacement project” means a project that meets all of the following requirements:
(A) The project proposes only to replace existing windows in a single-family or multifamily residential structure with windows of the same size and in the same location.
(B) The project does not involve any physical alterations to the existing structure beyond those necessary to install those windows.
(C) The proposed window installation complies with all applicable provisions of the California Building Standards Code (Title 24 of the California Code of Regulations), including, but not limited to the California Residential Code, California Building Code, California Fire Code, California Wildland-Urban Interface Code, and the California Energy Code.
(3) “State Historic Resources Inventory” has the same meaning as defined in Section 5020.1 of the Public Resources Code.
(4) “Local register of historical resources” has the same meaning as defined in subdivision (k) of Section 5020.1 of the Public Resources Code.
(c) A city, county, or city and county shall administratively approve an application for a residential window replacement project.
(d) A city, county, or city and county shall not require discretionary review or a hearing for a residential window replacement project.
(e) A city, county, or city and county shall not deny an application for a residential window replacement project unless it makes written findings, based upon substantial evidence in the record, that the residential window replacement project would have a specific, adverse impact upon public health or safety and there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.
(f) Any conditions imposed on a residential window replacement project shall be limited to objective conditions that are necessary to mitigate a specific, adverse impact upon public health or safety identified pursuant to subdivision (e).
(g) A local government that is both a city and county shall not impose any conditions on a window proposed in a housing development project other than objective conditions that are necessary to mitigate a specific adverse impact upon public health or safety, provided that the window complies with all applicable provisions of the California Building Standards Code (Title 24 of the California Code of Regulations), including, but not limited to, the California Residential Code, California Building Code, California Fire Code, California Wildland-Urban Interface Code, and the California Energy Code. A local government that is both a city and county shall make written findings, based upon substantial evidence in the record, that the proposed window would have a specific, adverse impact upon public health or safety.
(h) This section shall not apply to either of the following:
(1) A residential structure that is individually listed as a historical resource in the State Historic Resources Inventory, provided that the structure was designated prior to the date an application for a residential window replacement project is submitted.
(2) (A) Except as provided in subparagraph (B), a residential structure that is individually listed on a local register of historical resources or as a contributor to a multicomponent resource, provided that the structure was designated prior to the date an application for a residential window replacement project is submitted.
(B) This paragraph shall not apply to a structure designated as historical based primarily on its age.

SEC. 3.
The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique development regulations within certain areas of the state that are both a city and county.

SEC. 4.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.