HomeMy WebLinkAbout2019-07-09 - AGENDA REPORTS - STATE LEGISLATION: SB 330 (2)Agenda Item: 7
DATE: July 9, 2019
SUBJECT: STATE LEGISLATION: SENATE BILL 330
DEPARTMENT: City Manager's Office
PRESENTER: Masis Hagobian
RECOMMENDED ACTION
City Council adopt the City Council Legislative Committee recommendation to oppose Senate
Bill 330 (Skinner) and transmit position statements to Senator Skinner, Santa Clarita's state
legislative delegation, appropriate legislative committees, Governor Newsom, and the League of
California Cities.
BACKGROUND
Authored by Senator Nancy Skinner (D -9 -Berkeley), Senate Bill 330 declares a statewide
housing emergency to be in effect until January 1, 2025, and restricts certain local land use
authority including: zoning, design standards, parking, and overall application standards related
to specific residential developments.
All provisions included in this bill are proposed to be in effect until January 1, 2025.
Specifically, this bill:
Amends the development policies, standards and conditions for cities and counties as
follows:
a. Prohibits cities and counties, with respect to land where housing is an allowable
use on or after January 1, 2018, from enacting a development policy, standard, or
condition that would have any of the following effects:
(a) Changing the general plan land use designation, specific plan land use
designation, or zoning of a parcel to a less intensive use or reducing the
intensity of land use below what was allowed under the land use
designation and zoning ordinances of the affected the city or county, as
in effect January 1, 2018;
(b) Imposing or enforcing design review standards established after
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January 1, 2018, if the standards are not objective; and
(c) Limiting the amount of housing or population, except for specified
longstanding limits in predominantly agricultural counties.
b. Prohibits cities and counties from requiring a minimum parking requirement if a
proposed residential development is within one-quarter mile of a rail stop that is a
major transit stop.
c. Prohibits cities and counties from requiring a minimum parking requirement
greater than 0.5 spaces per unit if the proposed residential development is outside
of one-quarter mile of a rail stop that is a major transit stop.
2. Amends the permitting process for a proposed residential development as follows:
a. Creates a process for submitting a preliminary application for a proposed
residential development, including:
(a) That a proposed residential development must be deemed to have a
complete preliminary application to the approving city or county upon
providing the following information: site location, existing uses, site
plan, proposed uses, proposed number ofparking spaces, proposed
point sources of air or water pollutants, any species of special concern,
any portion of property located within afire hazard/wetlands/special
flood hazard area/delineated earthquake fault zone, any historical
property, proposed number below market rate units, proposed number of
bonus units, and the applicants contact information.
b. Requires that a residential development project only be subject to the ordinances,
policies, and standards adopted and in effect when a preliminary application is
submitted.
(a) Allows an applicant of a proposed residential development to file a
lawsuit against a local government to enforce this provision.
c. Provides that if a housing development project complies with the applicable
objective general plan and zoning standards in effect at the time an application is
deemed complete, a city or county shall not conduct more than five hearings in
connection with the approval of that housing development project.
d. Reduces the time period that a housing project must be approved or disapproved
upon the completion of an Environmental Impact Report (EIR) by 30 days, to 60
days for specified projects that are at least 49 percent affordable to very -low and
low-income households, and 90 days for other housing projects.
3. Amends the enforcement for housing by doing the following:
a. Requiring that any local agency notice related to the violation of a building
standard for occupied housing include a statement of the owner's right to request
a delay in enforcement; and
b. Enabling a local agency, upon request of the owner, to delay enforcement for
seven years, if correction is not necessary to protect health and safety.
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The City currently has policies and standards in place related to proposed residential
developments related to parking, zoning, and overall application review.
If this bill is implemented, the following parking standards in the City's Unified Development
Code will no longer apply to residential developments built within the prescribed distance of the
four identified major transit stops in the City:
a. Studio units - one enclosed parking space per unit
b. One bedroom units - two enclosed parking spaces per unit
c. Two bedroom units - two enclosed parking spaces per unit
d. Guest parking - one parking space per each two units
The bill's creation of a preliminary application, and subsequently a freeze on any standards upon
the submittal of a preliminary application, preempts the City's authority to apply updated
standards to a project that may reflect a better use of land and architectural design.
The City Council, upon the recommendation of the Legislative Committee, opposed a similar
bill, Senate Bill 50 (Wiener), at the February 26, 2019, Regular City Council Meeting.
Additionally, the City of Santa Clarita 2019 Legislative Platform (Legislative Platform) includes
a component related to local land use authority. Specifically, component 21 under the "State"
section of the Legislative Platform advises that the City Council "Oppose legislation that would
interfere with, limit, or eliminate the decision-making authority of municipalities in the area of
local land use."
Senate Bill 330 was introduced on February 19, 2019, and passed the Senate (28-7-3) on
May 29, 2019. Senator Scott Wilk voted in support of the bill and Senator Henry Stern did not
record a vote on the Senate Floor. This bill is scheduled to be heard by the Assembly Committee
on Local Government on July 10, 2019.
The City Council Legislative Committee met on June 25, 2019, and recommends the City
Council adopt an "oppose" position on Senate Bill 330.
ALTERNATIVE ACTION
Adopt a "neutral" position on Senate Bill 330
2. Adopt a "support" position on Senate Bill 330
3. Take no action on Senate Bill 330
4. Refer Senate Bill 330 back to the Legislative Committee
5. Other action, as determined by the City Council
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FISCAL IMPACT
The resources required to implement the recommended action are contained within the City of
Santa Clarita's adopted Fiscal Year 2019-20 budget.
ATTACHMENTS
SB 330 - Bill Text
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AMENDED IN ASSEMBLY JUNE 12, 2019
AMENDED IN SENATE MAY 21, 2019
AMENDED IN SENATE MAY 7, 2019
AMENDED IN SENATE APRIL 24, 2019
AMENDED IN SENATE APRIL 4, 2019
AMENDED IN SENATE MARCH 25, 2019
SENATE BILL
No. 330
Introduced by Senator Skinner
February 19, 2019
An act to amend Section 65589.5 of, to amend, repeal, and add
Sections 65943 and 65950 of, to add and repeal Sections 65905.5,
65913.3, 65913.10, 65941.1, and 65950.2 of, and to add and repeal
Chapter 12 (commencing with Section 66300) of Division 1 of Title 7
of, the Government Code, and to add and repeal Section 17980.12 of
the Health and Safety Code, relating to housing.
LEGISLATIVE COUNSEL'S DIGEST
SB 330, as amended, Skinner. Housing Crisis Act of 2019.
(1) The Housing Accountability Act, which is part of the Planning
and Zoning Law, prohibits a local agency from disapproving, or
conditioning approval in a manner that renders infeasible, a housing
development project for very low, low-, or moderate -income households
or an emergency shelter unless the local agency makes specified written
findings based on a preponderance of the evidence in the record. The
act specifies that one way to satisfy that requirement is to make findings
that the housing development project or emergency shelter is
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inconsistent with both the jurisdiction's zoning ordinance and general
plan land use designation as specified in any element of the general
plan as it existed on the date the application was deemed complete. The
act requires a local agency that proposes to disapprove a housing
development project that complies with applicable, objective general
plan and zoning standards and criteria that were in effect at the time
the application was deemed to be complete, or to approve it on the
condition that it be developed at a lower density, to base its decision
upon written findings supported by substantial evidence on the record
that specified conditions exist, and places the burden of proof on the
local agency to that effect. The act requires a court to impose a fine on
a local agency under certain circumstances and requires that the fine
be at least $10,000 per housing unit in the housing development project
on the date the application was deemed complete.
This bill, until January 1, 2025, would specify that an application is
deemed complete for these purposes if a preliminary application was
submitted, as described below.
Existing law authorizes the applicant, a person who would be eligible
to apply for residency in the development or emergency shelter, or a
housing organization to bring an action to enforce the Housing
Accountability Act. If, in that action, a court finds that a local agency
failed to satisfy the requirement to make the specified findings described
above, existing law requires the court to issue an order or judgment
compelling compliance with the act within 60 days, as specified.
This bill, until January 1, 2025, would additionally require a court to
issue the order or judgment previously described if the local agency
required or attempted to require certain housing development projects
to comply with an ordinance, policy, or standard not adopted and in
effect when a preliminary application was submitted.
Existing law authorizes a local agency to require a housing
development project to comply with objective, quantifiable, written
development standards, conditions, and policies appropriate to, and
consistent with, meeting the jurisdiction's share of the regional housing
need, as specified.
This bill, until January 1, 2025, would, notwithstanding those
provisions or any other law and with certain exceptions, require that a
housing development project only be subject to the ordinances, policies,
and standards adopted and in effect when a preliminary application is
submitted, except as specified.
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(2) The Planning and Zoning Law, except as provided, requires that
a public hearing be held on an application for a variance from the
requirements of a zoning ordinance, an application for a conditional
use permit or equivalent development permit, a proposed revocation or
modification of a variance or use permit or equivalent development
permit, or an appeal from the action taken on any of those applications.
That law requires that notice of a public hearing be provided in
accordance with specified procedures.
This bill, until January 1, 2025, would prohibit a city or county from
conducting more than 5 de novo hearings, as defined, held pursuant to
these provisions, or any other law, ordinance, or regulation requiring a
public hearing, if a proposed housing development project complies
with the applicable, objective general plan and zoning standards in
effect at the time an application is deemed complete, as defined. The
bill would require the city or county to consider and either approve or
disapprove the housing development project at any of the 5 hearings
consistent with the applicable timelines under the Permit Streamlining
Act.
(3) The Planning and Zoning Law requires a county or city to
designate and zone sufficient vacant land for residential use with
appropriate standards, as provided. That law also authorizes a
development proponent to submit an application for a development that
is subject to a specified streamlined, ministerial approval process and
not subject to a conditional use permit if the development satisfies
certain objective planning standards.
This bill, until January 1, 2025, with respect to land where housing
is an allowable use on or after January 1, 2018, would prohibit a county
or city in which specified conditions exist, determined by the
Department of Housing and Community Development as provided,
from imposing any new, increasing or enforcing any existing,
requirement that a proposed housing development include parking in
excess of specified amounts. If the city or county grants a conditional
use permit approving a proposed housing development project and that
project would have been eligible for a higher density under the city's
or county's general plan land use designation and zoning ordinances
as in effect on January 1, 2018, the bill would also require the city or
county to allow the project at that higher density. The bill would require
a project that requires the demolition of certain types of housing to
comply with specified requirements, including the provision of
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relocation assistance and a right of first refusal in the new housing to
displaced occupants. The bill would require that any units for which a
developer provides relocation assistance or a right of first refusal be
considered in determining whether the housing development project
satisfies the requirements, if applicable, of an inclusionary housing
ordinance of the county or city.
The bill would state that these provisions would prevail over any
conflicting provision of the Planning and Zoning Law or other law
regulating housing development in this state, except as specifically
provided. The bill would also require that any exception to these
provisions, including an exception for the health and safety of occupants
of a housing development project, be construed narrowly.
(4) The Permit Streamlining Act, which is part of the Planning and
Zoning Law, requires each state agency and each local agency to
compile one or more lists that specify in detail the information that will
be required from any applicant for a development project. That law
requires the state or local agency to make copies of this information
available to all applicants for development projects and to any persons
who request the information.
The bill, until January 1, 2025, for purposes of any state or local law,
ordinance, or regulation that requires a city or county to determine
whether the site of a proposed housing development project is a historic
site, would require the city or county to make that determination, which
would remain valid for the pendency of the housing development, at
the time the application is deemed ete. complete, except as
provided. The bill, until January 1, 2025, would also require that each
local agency make copies of any above-described list with respect to
information required from an applicant for a housing development
project available both (A) in writing to those persons to whom the
agency is required to make information available and (B) publicly
available on the internet website of the local agency.
The Permit Streamlining Act requires public agencies to approve or
disapprove of a development project within certain timeframes, as
specified. The act requires a public agency, upon its determination that
an application for a development project is incomplete, to include a list
and a thorough description of the specific information needed to
complete the application. Existing law authorizes the applicant to submit
the additional material to the public agency, requires the public agency
to determine whether the submission of the application together with
the submitted materials is complete within 30 days of receipt, and
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provides for an appeal process from the public agency's determination.
Existing law requires a final written determination by the agency on
the appeal no later than 60 days after receipt of the applicant's written
appeal.
This bill, until January 1, 2025, would provide that a housing
development project, as defined, shall be deemed to have submitted a
preliminary application upon providing specified information about the
proposed project to the city or county from which approval for the
project is being sottght att sought. The bill would require each local
agency to compile a checklist and application form that applicants for
housing development projects may use for that purpose and would
require the Department of Housing and Community Development to
adopt a standardized form
. for applicants seeking
approval from a local agency that has not developed its own application
form. After the submittal of a preliminary application, the bill would
provide that a housing development project would not be deemed to
have submitted a complete initial application under these provisions if
the development proponent revises the project such that the number of
residential units or square footage of construction changes by 20% or
more until the development proponent resubmits the information
required by the bill so that it reflects the revisions. The bill would require
a development proponent to submit an application for a development
project that includes all information necessary for the agency to review
the application under the Permit Streamlining Act within 180 days of
submitting the preliminary application.
The bill, until January 1, 2025, would require the lead agency, as
defined, if the application is determined to be incomplete, to provide
the applicant with an exhaustive list of items that were not complete,
as specified.
The bill, until January 1, 2025, would also provide that all deadlines
in the Permit Streamlining Act are mandatory.
The Permit Streamlining Act generally requires that a public agency
that is the lead agency for a development project approve or disapprove
a project within 120 days from the date of certification by the lead
agency of an environmental impact report prepared for certain
development projects, but reduces this time period to 90 days from the
certification of an environmental impact report for development projects
meeting certain additional conditions relating to affordability. Existing
law defines "development project" for these purposes to mean a use
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consisting of either residential units only or mixed-use developments
consisting of residential and nonresidential uses that satisfy certain other
requirements.
This bill, until January 1, 2025, would reduce the time period in which
a lead agency under these provisions is required to approve or
disapprove a project from 120 days to 90 days, for a development project
generally described above, and from 90 days to 60 days, for a
development project that meets the above-described affordability
conditions. The bill would recast the definition of "development project"
for these purposes to mean a housing development project, as defined
in the Housing Accountability Act.
(5) The Planning and Zoning Law, among other things, requires the
legislative body of each county and city to adopt a comprehensive,
long-term general plan for the physical development of the county or
city and of any land outside its boundaries that relates to its planning.
That law authorizes the legislative body, if it deems it to be in the public
interest, to amend all or part of an adopted general plan, as provided.
That law also authorizes the legislative body of any county or city,
pursuant to specified procedures, to adopt ordinances that, among other
things, regulate the use of buildings, structures, and land as between
industry, business, residences, open space, and other purposes.
This bill, until January 1, 2025, with respect to land where housing
is an allowable use on or after January 1, 2018, except as specified,
would prohibit a county or city, including the electorate exercising its
local initiative or referendum power, in which specified conditions
exist, determined by the Department of Housing and Community
Development as provided, from enacting a development policy, standard,
or condition, as defined, that would have the effect of (A) changing the
land use designation or zoning of a parcel or parcels of property to a
less intensive use or reducing the intensity of land use within an existing
zoning district below what was allowed under the general plan or
specific plan land use designation and zoning ordinances of the county
or city as in effect on January 1, 2018; (B) imposing or enforcing a
moratorium on housing development within all or a portion of the
jurisdiction of the county or city, except as provided; (C) imposing or
enforcing new design standards established on or after January 1, 2018,
that are not objective design standards, as defined; or (D) establishing
or implementing certain limits on the number of permits issued by, or
the population of, the county or city, unless the limit was approved prior
to January 1, 2005, in a predominantly agricultural county, as defined.
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The bill would, notwithstanding these prohibitions, allow a city or
county to prohibit the commercial use of land zoned for residential use
consistent with the authority of the city or county conferred by other
law. The bill would state that these prohibitions would apply to any
zoning ordinance adopted or amended on or after January 1, 2018, and
that any development policy, standard, or condition on or after that date
that does not comply would be deemed void.
The bill would state that these prohibitions would prevail over any
conflicting provision of the Planning and Zoning Law or other law
regulating housing development in this state, except as specifically
provided. The bill would also require that any exception to these
provisions, including an exception for the health and safety of occupants
of a housing development project, be construed narrowly. The bill would
also declare any requirement to obtain local voter approval or
supermajority approval of any body of the county or city for specified
purposes related to housing development against public policy and void.
(6) The State Housing Law, among other things, requires the
Department of Housing and Community Development to propose the
adoption, amendment, or repeal of building standards to the California
Building Standards Commission, and to adopt, amend, and repeal other
rules and regulations for the protection of the public health, safety, and
general welfare of the occupant and the public, governing hotels, motels,
lodging houses, apartment houses, and dwellings, and buildings and
structures accessory thereto. That law specifies that the provisions of
the State Housing Law and the building standards and rules and
regulations adopted pursuant to that law apply in all parts of the state
and requires specified entities within each city, county, or city and
county to enforce within its jurisdiction those pertaining to the
maintenance, sanitation, ventilation, use, or occupancy of apartment
houses, hotels, or dwellings. That law authorizes an enforcement agency
to institute an appropriate action or proceeding to prevent, restrain,
correct, or abate violations of that law, or building standards, rules, or
regulations adopted pursuant to that law, after providing 30 days' notice,
or a shorter period of time under certain circumstances. A violation of
the State Housing Law, or any building standard, rule, or regulation
adopted pursuant to that law, is a misdemeanor.
This bill would authorize the owner of an occupied substandard
building or unit in a zone where residential use is a permitted use that
receives a notice to correct a violation of a building standard under the
State Housing Law or abate a nuisance to submit an application to the
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enforcement agency requesting that enforcement of the violation or
nuisance be delayed for up to 7 years. The bill would-reqtti-re authorize
the enforcement agency to grant a request to delay enforcement if it
determines that correcting the violation or abating the nuisance is not
necessary to protect health and safety. The bill would repeal these
provisions as of January 1, 2025.
(7) This bill would include findings that the 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.
(8) By imposing various new requirements and duties on local
planning officials with respect to housing development, and by changing
the scope of a crime under the State Housing Law, this bill would impose
a state -mandated local program.
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 with regard to certain mandates no
reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the
Commission on State Mandates determines that the bill contains costs
so mandated by the state, reimbursement for those costs shall be made
pursuant to the statutory provisions noted above.
(9) This bill would provide that its provisions are severable.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State -mandated local program: yes.
The people of the State of California do enact as follows:
1 SECTION 1. This act shall be known, and may be cited, as the
2 Housing Crisis Act of 2019.
3 SEC. 2. (a) The Legislature finds and declares the following:
4 (1) California is experiencing a housing supply crisis, with
5 housing demand far outstripping supply. In 2018, California ranked
6 49th out of the 50 states in housing units per capita.
7 (2) Consequently, existing housing in this state, especially in
8 its largest cities, has become very expensive. Seven of the 10 most
9 expensive real estate markets in the United States are in California.
10 In San Francisco, the median home price is $1.6 million.
11 (3) California is also experiencing rapid year -over -year rent
12 growth with three cities in the state having had overall rent growth
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1 of 10 percent or more year -over -year, and of the 50 United States
2 cities with the highest United States rents, 33 are cities in
3 California.
4 (4) California needs an estimated 180,000 additional homes
5 annually to keep up with population growth, and the Governor has
6 called for 3.5 million new homes to be built over the next 7 years.
7 (5) The housing crisis has particularly exacerbated the need for
8 affordable homes at prices below market rates.
9 (6) The housing crisis harms families across California and has
10 resulted in all of the following:
11 (A) Increased poverty and homelessness, especially first-time
12 homelessness.
13 (B) Forced lower income residents into crowded and unsafe
14 housing in urban areas.
15 (C) Forced families into lower cost new housing in greenfields
16 at the urban -rural interface with longer commute times and a higher
17 exposure to fire hazard.
18 (D) Forced public employees, health care providers, teachers,
19 and others, including critical safety personnel, into more affordable
20 housing farther from the communities they serve, which will
21 exacerbate future disaster response challenges in high-cost,
22 high -congestion areas and increase risk to life.
23 (E) Driven families out of the state or into communities away
24 from good schools and services, making the ZIP Code where one
25 grew up the largest determinate of later access to opportunities
26 and social mobility, disrupting family life, and increasing health
27 problems due to long commutes that may exceed three hours per
28 day.
29 (7) The housing crisis has been exacerbated by the additional
30 loss of units due to wildfires in 2017 and 2018, which impacts all
31 regions of the state. The Carr Fire in 2017 alone burned over 1,000
32 homes, and over 50,000 people have been displaced by the Camp
33 Fire and the Woolsey Fire in 2018. This temporary and permanent
34 displacement has placed additional demand on the housing market
35 and has resulted in fewer housing units available for rent by
36 low-income individuals.
37 (8) Individuals who lose their housing due to fire or the sale of
38 the property cannot find affordable homes or rental units and are
39 pushed into cars and tents.
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1 (9) Costs for construction of new housing continue to increase.
2 According to the Terner Center for Housing Innovation at the
3 University of California, Berkeley, the cost of building a 100 -unit
4 affordable housing project in the state was almost $425,000 per
5 unit in 2016, up from $265,000 per unit in 2000.
6 (10) Lengthy permitting processes and approval times, fees and
7 costs for parking, and other requirements further exacerbate cost
8 of residential construction.
9 (11) The housing crisis is severely impacting the state's
10 economy as follows:
11 (A) Employers face increasing difficulty in securing and
12 retaining a workforce.
13 (B) Schools, universities, nonprofits, and governments have
14 difficulty attracting and retaining teachers, students, and employees,
15 and our schools and critical services are suffering.
16 (C) According to analysts at McKinsey and Company, the
17 housing crisis is costing California $140 billion a year in lost
18 economic output.
19 (12) The housing crisis also harms the environment by doing
20 both of the following:
21 (A) Increasing pressure to develop the state's farmlands, open
22 space, and rural interface areas to build affordable housing, and
23 increasing fire hazards that generate massive greenhouse gas
24 emissions.
25 (B) Increasing greenhouse gas emissions from longer commutes
26 to affordable homes far from growing job centers.
27 (13) Homes, lots, and structures near good jobs, schools, and
28 transportation remain underutilized throughout the state and could
29 be rapidly remodeled or developed to add affordable homes without
30 subsidy where they are needed with state assistance.
31 (14) Reusing existing infrastructure and developed properties,
32 and building more smaller homes with good access to schools,
33 parks, and services, will provide the most immediate help with the
34 lowest greenhouse gas footprint to state residents.
35 (b) In light of the foregoing, the Legislature hereby declares a
36 statewide housing emergency, to be in effect until January 1, 2025.
37 (c) It is the intent of the Legislature, in enacting the Housing
38 Crisis Act of 2019, to do both of the following:
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1 (1) Suspend certain restrictions on the development of new
2 housing during the period of the statewide emergency described
3 in subdivisions (a) and (b).
4 (2) Work with local governments to expedite the permitting of
5 housing in regions suffering the worst housing shortages and
6 highest rates of displacement.
7 SEC. 3. Section 65589.5 of the Government Code is amended
8 to read:
9 65589.5. (a) (1) The Legislature finds and declares all of the
10 following:
11 (A) The lack of housing, including emergency shelters, is a
12 critical problem that threatens the economic, environmental, and
13 social quality of life in California.
14 (B) California housing has become the most expensive in the
15 nation. The excessive cost of the state's housing supply is partially
16 caused by activities and policies of many local governments that
17 limit the approval of housing, increase the cost of land for housing,
18 and require that high fees and exactions be paid by producers of
19 housing.
20 (C) Among the consequences of those actions are discrimination
21 against low-income and minority households, lack of housing to
22 support employment growth, imbalance in jobs and housing,
23 reduced mobility, urban sprawl, excessive commuting, and air
24 quality deterioration.
25 (D) Many local governments do not give adequate attention to
26 the economic, environmental, and social costs of decisions that
27 result in disapproval of housing development projects, reduction
28 in density of housing projects, and excessive standards for housing
29 development projects.
30 (2) In enacting the amendments made to this section by the act
31 adding this paragraph, the Legislature further finds and declares
32 the following:
33 (A) California has a housing supply and affordability crisis of
34 historic proportions. The consequences of failing to effectively
35 and aggressively confront this crisis are hurting millions of
36 Californians, robbing future generations of the chance to call
37 California home, stifling economic opportunities for workers and
38 businesses, worsening poverty and homelessness, and undermining
39 the state's environmental and climate objectives.
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1 (B) While the causes of this crisis are multiple and complex,
2 the absence of meaningful and effective policy reforms to
3 significantly enhance the approval and supply of housing affordable
4 to Californians of all income levels is a key factor.
5 (C) The crisis has grown so acute in California that supply,
6 demand, and affordability fundamentals are characterized in the
7 negative: underserved demands, constrained supply, and protracted
8 unaffordability.
9 (D) According to reports and data, California has accumulated
10 an unmet housing backlog of nearly 2,000,000 units and must
11 provide for at least 180,000 new units annually to keep pace with
12 growth through 2025.
13 (E) California's overall homeownership rate is at its lowest level
14 since the 1940s. The state ranks 49th out of the 50 states in
15 homeownership rates as well as in the supply of housing per capita.
16 Only one-half of California's households are able to afford the
17 cost of housing in their local regions.
18 (F) Lack of supply and rising costs are compounding inequality
19 and limiting advancement opportunities for many Californians.
20 (G) The majority of California renters, more than 3,000,000
21 households, pay more than 30 percent of their income toward rent
22 and nearly one-third, more than 1,500,000 households, pay more
23 than 50 percent of their income toward rent.
24 (H) When Californians have access to safe and affordable
25 housing, they have more money for food and health care; they are
26 less likely to become homeless and in need of
27 government -subsidized services; their children do better in school;
28 and businesses have an easier time recruiting and retaining
29 employees.
30 (1) An additional consequence of the state's cumulative housing
31 shortage is a significant increase in greenhouse gas emissions
32 caused by the displacement and redirection of populations to states
33 with greater housing opportunities, particularly working- and
34 middle-class households. California's cumulative housing shortfall
35 therefore has not only national but international environmental
36 consequences.
37 (J) California's housing picture has reached a crisis of historic
38 proportions despite the fact that, for decades, the Legislature has
39 enacted numerous statutes intended to significantly increase the
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1 approval, development, and affordability of housing for all income
2 levels, including this section.
3 (K) The Legislature's intent in enacting this section in 1982 and
4 in expanding its provisions since then was to significantly increase
5 the approval and construction of new housing for all economic
6 segments of California's communities by meaningfully and
7 effectively curbing the capability of local governments to deny,
8 reduce the density for, or render infeasible housing development
9 projects and emergency shelters. That intent has not been fulfilled.
10 (L) It is the policy of the state that this section should be
11 interpreted and implemented in a manner to afford the fullest
12 possible weight to the interest of, and the approval and provision
13 of, housing.
14 (3) It is the intent of the Legislature that the conditions that
15 would have a specific, adverse impact upon the public health and
16 safety, as described in paragraph (2) of subdivision (d) and
17 paragraph (1) of subdivision 0), arise infrequently.
18 (b) It is the policy of the state that a local government not reject
19 or make infeasible housing development projects, including
20 emergency shelters, that contribute to meeting the need determined
21 pursuant to this article without a thorough analysis of the economic,
22 social, and environmental effects of the action and without
23 complying with subdivision (d).
24 (c) The Legislature also recognizes that premature and
25 unnecessary development of agricultural lands for urban uses
26 continues to have adverse effects on the availability of those lands
27 for food and fiber production and on the economy of the state.
28 Furthermore, it is the policy of the state that development should
29 be guided away from prime agricultural lands; therefore, in
30 implementing this section, local jurisdictions should encourage,
31 to the maximum extent practicable, in filling existing urban areas.
32 (d) A local agency shall not disapprove a housing development
33 project, including farmworker housing as defined in subdivision
34 (h) of Section 50199.7 of the Health and Safety Code, for very
35 low, low-, or moderate -income households, or an emergency
36 shelter, or condition approval in a manner that renders the housing
37 development project infeasible for development for the use of very
38 low, low-, or moderate -income households, or an emergency
39 shelter, including through the use of design review standards,
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1 unless it makes written findings, based upon a preponderance of
2 the evidence in the record, as to one of the following:
3 (1) The jurisdiction has adopted a housing element pursuant to
4 this article that has been revised in accordance with Section 65588,
5 is in substantial compliance with this article, and the jurisdiction
6 has met or exceeded its share of the regional housing need
7 allocation pursuant to Section 65584 for the planning period for
8 the income category proposed for the housing development project,
9 provided that any disapproval or conditional approval shall not be
10 based on any of the reasons prohibited by Section 65008. If the
11 housing development project includes a mix of income categories,
12 and the jurisdiction has not met or exceeded its share of the regional
13 housing need for one or more of those categories, then this
14 paragraph shall not be used to disapprove or conditionally approve
15 the housing development project. The share of the regional housing
16 need met by the jurisdiction shall be calculated consistently with
17 the forms and definitions that may be adopted by the Department
18 of Housing and Community Development pursuant to Section
19 65400. In the case of an emergency shelter, the jurisdiction shall
20 have met or exceeded the need for emergency shelter, as identified
21 pursuant to paragraph (7) of subdivision (a) of Section 65583. Any
22 disapproval or conditional approval pursuant to this paragraph
23 shall be in accordance with applicable law, rule, or standards.
24 (2) The housing development project or emergency shelter as
25 proposed would have a specific, adverse impact upon the public
26 health or safety, and there is no feasible method to satisfactorily
27 mitigate or avoid the specific adverse impact without rendering
28 the development unaffordable to low- and moderate -income
29 households or rendering the development of the emergency shelter
30 financially infeasible. As used in this paragraph, a "specific,
31 adverse impact" means a significant, quantifiable, direct, and
32 unavoidable impact, based on objective, identified written public
33 health or safety standards, policies, or conditions as they existed
34 on the date the application was deemed complete. Inconsistency
35 with the zoning ordinance or general plan land use designation
36 shall not constitute a specific, adverse impact upon the public
37 health or safety.
38 (3) The denial of the housing development project or imposition
39 of conditions is required in order to comply with specific state or
40 federal law, and there is no feasible method to comply without
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1 rendering the development unaffordable to low- and
2 moderate -income households or rendering the development of the
3 emergency shelter financially infeasible.
4 (4) The housing development project or emergency shelter is
5 proposed on land zoned for agriculture or resource preservation
6 that is surrounded on at least two sides by land being used for
7 agricultural or resource preservation purposes, or which does not
8 have adequate water or wastewater facilities to serve the project.
9 (5) The housing development project or emergency shelter is
10 inconsistent with both the jurisdiction's zoning ordinance and
11 general plan land use designation as specified in any element of
12 the general plan as it existed on the date the application was
13 deemed complete, and the jurisdiction has adopted a revised
14 housing element in accordance with Section 65588 that is in
15 substantial compliance with this article. For purposes of this
16 section, a change to the zoning ordinance or general plan land use
17 designation subsequent to the date the application was deemed
18 complete shall not constitute a valid basis to disapprove or
19 condition approval of the housing development project or
20 emergency shelter.
21 (A) This paragraph cannot be utilized to disapprove or
22 conditionally approve a housing development project if the housing
23 development project is proposed on a site that is identified as
24 suitable or available for very low, low-, or moderate -income
25 households in the jurisdiction's housing element, and consistent
26 with the density specified in the housing element, even though it
27 is inconsistent with both the jurisdiction's zoning ordinance and
28 general plan land use designation.
29 (B) If the local agency has failed to identify in the inventory of
30 land in its housing element sites that can be developed for housing
31 within the planning period and are sufficient to provide for the
32 jurisdiction's share of the regional housing need for all income
33 levels pursuant to Section 65584, then this paragraph shall not be
34 utilized to disapprove or conditionally approve a housing
35 development project proposed for a site designated in any element
36 of the general plan for residential uses or designated in any element
37 of the general plan for commercial uses if residential uses are
38 permitted or conditionally permitted within commercial
39 designations. In any action in court, the burden of proof shall be
40 on the local agency to show that its housing element does identify
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1 adequate sites with appropriate zoning and development standards
2 and with services and facilities to accommodate the local agency's
3 share of the regional housing need for the very low, low-, and
4 moderate -income categories.
5 (C) If the local agency has failed to identify a zone or zones
6 where emergency shelters are allowed as a permitted use without
7 a conditional use or other discretionary permit, has failed to
8 demonstrate that the identified zone or zones include sufficient
9 capacity to accommodate the need for emergency shelter identified
10 in paragraph (7) of subdivision (a) of Section 65583, or has failed
11 to demonstrate that the identified zone or zones can accommodate
12 at least one emergency shelter, as required by paragraph (4) of
13 subdivision (a) of Section 65583, then this paragraph shall not be
14 utilized to disapprove or conditionally approve an emergency
15 shelter proposed for a site designated in any element of the general
16 plan for industrial, commercial, or multifamily residential uses. In
17 any action in court, the burden of proof shall be on the local agency
18 to show that its housing element does satisfy the requirements of
19 paragraph (4) of subdivision (a) of Section 65583.
20 (e) Nothing in this section shall be construed to relieve the local
21 agency from complying with the congestion management program
22 required by Chapter 2.6 (commencing with Section 65088) of
23 Division 1 of Title 7 or the California Coastal Act of 1976
24 (Division 20 (commencing with Section 30000) of the Public
25 Resources Code). Neither shall anything in this section be
26 construed to relieve the local agency from making one or more of
27 the findings required pursuant to Section 21081 of the Public
28 Resources Code or otherwise complying with the California
29 Environmental Quality Act (Division 13 (commencing with Section
30 21000) of the Public Resources Code).
31 (f) (1) Except as provided in subdivision (o), nothing in this
32 section shall be construed to prohibit a local agency from requiring
33 the housing development project to comply with objective,
34 quantifiable, written development standards, conditions, and
35 policies appropriate to, and consistent with, meeting the
36 jurisdiction's share of the regional housing need pursuant to Section
37 65584. However, the development standards, conditions, and
38 policies shall be applied to facilitate and accommodate
39 development at the density permitted on the site and proposed by
40 the development.
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1 (2) Except as provided in subdivision (o), nothing in this section
2 shall be construed to prohibit a local agency from requiring an
3 emergency shelter project to comply with objective, quantifiable,
4 written development standards, conditions, and policies that are
5 consistent with paragraph (4) of subdivision (a) of Section 65583
6 and appropriate to, and consistent with, meeting the jurisdiction's
7 need for emergency shelter, as identified pursuant to paragraph
8 (7) of subdivision (a) of Section 65583. However, the development
9 standards, conditions, and policies shall be applied by the local
10 agency to facilitate and accommodate the development of the
11 emergency shelter project.
12 (3) Except as provided in subdivision (o), nothing in this section
13 shall be construed to prohibit a local agency from imposing fees
14 and other exactions otherwise authorized by law that are essential
15 to provide necessary public services and facilities to the housing
16 development project or emergency shelter.
17 (4) For purposes of this section, a housing development project
18 or emergency shelter shall be deemed consistent, compliant, and
19 in conformity with an applicable plan, program, policy, ordinance,
20 standard, requirement, or other similar provision if there is
21 substantial evidence that would allow a reasonable person to
22 conclude that the housing development project or emergency
23 shelter is consistent, compliant, or in conformity.
24 (g) This section shall be applicable to charter cities because the
25 Legislature finds that the lack of housing, including emergency
26 shelter, is a critical statewide problem.
27 (h) The following definitions apply for the purposes of this
28 section:
29 (1) "Feasible" means capable of being accomplished in a
30 successful manner within a reasonable period of time, taking into
31 account economic, environmental, social, and technological factors.
32 (2) "Housing development project" means a use consisting of
33 any of the following:
34 (A) Residential units only.
35 (B) Mixed-use developments consisting of residential and
36 nonresidential uses with at least two-thirds of the square footage
37 designated for residential use.
38 (C) Transitional housing or supportive housing.
39 (3) "Housing for very low, low-, or moderate -income
40 households" means that either (A) at least 20 percent of the total
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1 units shall be sold or rented to lower income households, as defined
2 in Section 50079.5 of the Health and Safety Code, or (B) 100
3 percent of the units shall be sold or rented to persons and families
4 of moderate income as defined in Section 50093 of the Health and
5 Safety Code, or persons and families of middle income, as defined
6 in Section 65008 of this code. Housing units targeted for lower
7 income households shall be made available at a monthly housing
8 cost that does not exceed 30 percent of 60 percent of area median
9 income with adjustments for household size made in accordance
10 with the adjustment factors on which the lower income eligibility
11 limits are based. Housing units targeted for persons and families
12 of moderate income shall be made available at a monthly housing
13 cost that does not exceed 30 percent of 100 percent of area median
14 income with adjustments for household size made in accordance
15 with the adjustment factors on which the moderate -income
16 eligibility limits are based.
17 (4) "Area median income" means area median income as
18 periodically established by the Department of Housing and
19 Community Development pursuant to Section 50093 of the Health
20 and Safety Code. The developer shall provide sufficient legal
21 commitments to ensure continued availability of units for very low
22 or low-income households in accordance with the provisions of
23 this subdivision for 30 years.
24 (5) Notwithstanding any other law, until January 1, 2025,
25 "deemed complete" means that the applicant has submitted a
26 preliminary application pursuant to Section 65941.1.
27 (6) "Disapprove the housing development project" includes any
28 instance in which a local agency does either of the following:
29 (A) Votes on a proposed housing development project
30 application and the application is disapproved, including any
31 required land use approvals or entitlements necessary for the
32 issuance of a building permit.
33 (B) Fails to comply with the time periods specified in
34 subdivision (a) of Section 65950. An extension of time pursuant
35 to Article 5 (commencing with Section 65950) shall be deemed to
36 be an extension of time pursuant to this paragraph.
37 "
38
39 (-8)
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1 (7) Until January 1, 2025, "
2 "objective" meansotte that itwo ves involving no personal or
3 subjective judgment by a public official ands being uniformly
4 verifiable by reference to an external and uniform benchmark or
5 criterion available and knowable by both the development applicant
6 or proponent and the publicoffieial be€ore—s4mitt�l of an
7 applieatioojjticial.
8 (i) If any city, county, or city and county denies approval or
9 imposes conditions, including design changes, lower density, or
10 a reduction of the percentage of a lot that may be occupied by a
11 building or structure under the applicable planning and zoning in
12 force at the time the housing development project's application is
13 deemed complete, that have a substantial adverse effect on the
14 viability or affordability of a housing development for very low,
15 low-, or moderate -income households, and the denial of the
16 development or the imposition of conditions on the development
17 is the subject of a court action which challenges the denial or the
18 imposition of conditions, then the burden of proof shall be on the
19 local legislative body to show that its decision is consistent with
20 the findings as described in subdivision (d), and that the findings
21 are supported by a preponderance of the evidence in the record,
22 and with the requirements of subdivision (o).
23 0) (1) When aproposed housing development project complies
24 with applicable, objective general plan, zoning, and subdivision
25 standards and criteria, including design review standards, in effect
26 at the time that the application was deemed complete, but the local
27 agency proposes to disapprove the project or to impose a condition
28 that the project be developed at a lower density, the local agency
29 shall base its decision regarding the proposed housing development
30 project upon written findings supported by a preponderance of the
31 evidence on the record that both of the following conditions exist:
32 (A) The housing development project would have a specific,
33 adverse impact upon the public health or safety unless the project
34 is disapproved or approved upon the condition that the project be
35 developed at a lower density. As used in this paragraph, a "specific,
36 adverse impact" means a significant, quantifiable, direct, and
37 unavoidable impact, based on objective, identified written public
38 health or safety standards, policies, or conditions as they existed
39 on the date the application was deemed complete.
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1 (B) There is no feasible method to satisfactorily mitigate or
2 avoid the adverse impact identified pursuant to paragraph (1), other
3 than the disapproval of the housing development project or the
4 approval of the project upon the condition that it be developed at
5 a lower density.
6 (2) (A) If the local agency considers a proposed housing
7 development project to be inconsistent, not in compliance, or not
8 in conformity with an applicable plan, program, policy, ordinance,
9 standard, requirement, or other similar provision as specified in
10 this subdivision, it shall provide the applicant with written
11 documentation identifying the provision or provisions, and an
12 explanation of the reason or reasons it considers the housing
13 development to be inconsistent, not in compliance, or not in
14 conformity as follows:
15 (i) Within 30 days of the date that the application for the housing
16 development project is determined to be complete, if the housing
17 development project contains 150 or fewer housing units.
18 (ii) Within 60 days of the date that the application for the
19 housing development project is determined to be complete, if the
20 housing development project contains more than 150 units.
21 (B) If the local agency fails to provide the required
22 documentation pursuant to subparagraph (A), the housing
23 development project shall be deemed consistent, compliant, and
24 in conformity with the applicable plan, program, policy, ordinance,
25 standard, requirement, or other similar provision.
26 (3) For purposes of this section, the receipt of a density bonus
27 pursuant to Section 65915 shall not constitute a valid basis on
28 which to find a proposed housing development project is
29 inconsistent, not in compliance, or not in conformity, with an
30 applicable plan, program, policy, ordinance, standard, requirement,
31 or other similar provision specified in this subdivision.
32 (4) For purposes of this section, a proposed housing development
33 project is not inconsistent with the applicable zoning standards
34 and criteria, and shall not require a rezoning, if the housing
35 development project is consistent with the objective general plan
36 standards and criteria but the zoning for the project site is
37 inconsistent with the general plan. If the local agency has complied
38 with paragraph (2), the local agency may require the proposed
39 housing development project to comply with the objective
40 standards and criteria of the zoning which is consistent with the
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1 general plan, however, the standards and criteria shall be applied
2 to facilitate and accommodate development at the density allowed
3 on the site by the general plan and proposed by the proposed
4 housing development project.
5 (k) (1) (A) (i) The applicant, a person who would be eligible
6 to apply for residency in the development or emergency shelter,
7 or a housing organization may bring an action to enforce this
8 section. If, in any action brought to enforce this section, a court
9 finds that any of the following are met, the court shall issue an
10 order pursuant to clause (ii):
11 (1) The local agency, in violation of subdivision (d), disapproved
12 a housing development project or conditioned its approval in a
13 manner rendering it infeasible for the development of an emergency
14 shelter, or housing for very low, low-, or moderate -income
15 households, including farmworker housing, without making the
16 findings required by this section or without making findings
17 supported by a preponderance of the evidence.
18 (I1) The local agency, in violation of subdivision 0), disapproved
19 a housing development project complying with applicable,
20 objective general plan and zoning standards and criteria, or imposed
21 a condition that the project be developed at a lower density, without
22 making the findings required by this section or without making
23 findings supported by a preponderance of the evidence.
24 (II1) (ia) Subject to sub -subclause (ib), the local agency, in
25 violation of subdivision (o), required or attempted to require a
26 housing development project to comply with an ordinance, policy,
27 or standard not adopted and in effect when a preliminary
28 application was submitted.
29 (ib) This subclause shall become inoperative on January 1, 2025.
30 (ii) If the court finds that one of the conditions in clause (i) is
31 met, the court shall issue an order or judgment compelling
32 compliance with this section within 60 days, including, but not
33 limited to, an order that the local agency take action on the housing
34 development project or emergency shelter. The court may issue
35 an order or judgment directing the local agency to approve the
36 housing development project or emergency shelter if the court
37 finds that the local agency acted in bad faith when it disapproved
38 or conditionally approved the housing development or emergency
39 shelter in violation of this section. The court shall retain jurisdiction
40 to ensure that its order or judgment is carried out and shall award
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1 reasonable attorney's fees and costs of suit to the plaintiff or
2 petitioner, except under extraordinary circumstances in which the
3 court finds that awarding fees would not further the purposes of
4 this section.
5 (B) (i) Upon a determination that the local agency has failed
6 to comply with the order or judgment compelling compliance with
7 this section within 60 days issued pursuant to subparagraph (A),
8 the court shall impose fines on a local agency that has violated this
9 section and require the local agency to deposit any fine levied
10 pursuant to this subdivision into a local housing trust fund. The
11 local agency may elect to instead deposit the fine into the Building
12 Homes and Jobs Fund, if Senate Bill 2 of the 2017-18 Regular
13 Session is enacted, or otherwise in the Housing Rehabilitation
14 Loan Fund. The fine shall be in a minimum amount of ten thousand
15 dollars ($10,000) per housing unit in the housing development
16 project on the date the application was deemed complete pursuant
17 to Section 65943. In determining the amount of fine to impose,
18 the court shall consider the local agency's progress in attaining its
19 target allocation of the regional housing need pursuant to Section
20 65584 and any prior violations of this section. Fines shall not be
21 paid out of funds already dedicated to affordable housing,
22 including, but not limited to, Low and Moderate Income Housing
23 Asset Funds, funds dedicated to housing for very low, low-, and
24 moderate -income households, and federal HOME Investment
25 Partnerships Program and Community Development Block Grant
26 Program funds. The local agency shall commit and expend the
27 money in the local housing trust fund within five years for the sole
28 purpose of financing newly constructed housing units affordable
29 to extremely low, very low, or low-income households. After five
30 years, if the funds have not been expended, the money shall revert
31 to the state and be deposited in the Building Homes and Jobs Fund,
32 if Senate Bill 2 of the 2017-18 Regular Session is enacted, or
33 otherwise in the Housing Rehabilitation Loan Fund, for the sole
34 purpose of financing newly constructed housing units affordable
35 to extremely low, very low, or low-income households.
36 (ii) If any money derived from a fine imposed pursuant to this
37 subparagraph is deposited in the Housing Rehabilitation Loan
38 Fund, then, notwithstanding Section 50661 of the Health and Safety
39 Code, that money shall be available only upon appropriation by
40 the Legislature.
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1 (C) If the court determines that its order or judgment has not
2 been carried out within 60 days, the court may issue further orders
3 as provided by law to ensure that the purposes and policies of this
4 section are fulfilled, including, but not limited to, an order to vacate
5 the decision of the local agency and to approve the housing
6 development project, in which case the application for the housing
7 development project, as proposed by the applicant at the time the
8 local agency took the initial action determined to be in violation
9 of this section, along with any standard conditions determined by
10 the court to be generally imposed by the local agency on similar
11 projects, shall be deemed to be approved unless the applicant
12 consents to a different decision or action by the local agency.
13 (2) For purposes of this subdivision, "housing organization"
14 means a trade or industry group whose local members are primarily
15 engaged in the construction or management of housing units or a
16 nonprofit organization whose mission includes providing or
17 advocating for increased access to housing for low-income
18 households and have filed written or oral comments with the local
19 agency prior to action on the housing development project. A
20 housing organization may only file an action pursuant to this
21 section to challenge the disapproval of a housing development by
22 a local agency. A housing organization shall be entitled to
23 reasonable attorney's fees and costs if it is the prevailing party in
24 an action to enforce this section.
25 ([) If the court finds that the local agency (1) acted in bad faith
26 when it disapproved or conditionally approved the housing
27 development or emergency shelter in violation of this section and
28 (2) failed to carry out the court's order or judgment within 60 days
29 as described in subdivision (k), the court, in addition to any other
30 remedies provided by this section, shall multiply the fine
31 determined pursuant to subparagraph (B) of paragraph (1) of
32 subdivision (k) by a factor of five. For purposes of this section,
33 "bad faith" includes, but is not limited to, an action that is frivolous
34 or otherwise entirely without merit.
35 (m) Any action brought to enforce the provisions of this section
36 shall be brought pursuant to Section 1094.5 of the Code of Civil
37 Procedure, and the local agency shall prepare and certify the record
38 of proceedings in accordance with subdivision (c) of Section 1094.6
39 of the Code of Civil Procedure no later than 30 days after the
40 petition is served, provided that the cost of preparation of the record
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1 shall be borne by the local agency, unless the petitioner elects to
2 prepare the record as provided in subdivision (n) of this section.
3 A petition to enforce the provisions of this section shall be filed
4 and served no later than 90 days from the later of (1) the effective
5 date of a decision of the local agency imposing conditions on,
6 disapproving, or any other final action on a housing development
7 project or (2) the expiration of the time periods specified in
8 subparagraph (B) of paragraph (5) of subdivision (h). Upon entry
9 of the trial court's order, a party may, in order to obtain appellate
10 review of the order, file a petition within 20 days after service
11 upon it of a written notice of the entry of the order, or within such
12 further time not exceeding an additional 20 days as the trial court
13 may for good cause allow, or may appeal the judgment or order
14 of the trial court under Section 904.1 of the Code of Civil
15 Procedure. If the local agency appeals the judgment of the trial
16 court, the local agency shall post a bond, in an amount to be
17 determined by the court, to the benefit of the plaintiff if the plaintiff
18 is the project applicant.
19 (n) In any action, the record of the proceedings before the local
20 agency shall be filed as expeditiously as possible and,
21 notwithstanding Section 1094.6 of the Code of Civil Procedure or
22 subdivision (m) of this section, all or part of the record may be
23 prepared (1) by the petitioner with the petition or petitioner's points
24 and authorities, (2) by the respondent with respondent's points and
25 authorities, (3) after payment of costs by the petitioner, or (4) as
26 otherwise directed by the court. If the expense of preparing the
27 record has been borne by the petitioner and the petitioner is the
28 prevailing party, the expense shall be taxable as costs.
29 (o) (1) Subject to paragraphs (2) att (2), (6), and (7), and
30 subdivision (d) ofSection 65941. 1, ahousing development project
31 shall be subject only to the ordinances, policies, and standards
32 adopted and in effect when a preliminary application including all
33 of the information required by subdivision (a) of Section 65941.1
34 was . submitted.
35 (2) Paragraph (1) shall not prohibit a housing development
36 project from being subject to ordinances, policies, and standards
37 adopted after the preliminary application was submitted pursuant
38 to Section 65941.1 in the following circumstances:
39 (A) In the case of a fee, charge, or other monetary exaction, to
40 an increase resulting from an automatic annual adjustment based
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1 on an independently published cost index that is referenced in the
2 ordinance or resolution establishing the fee or other monetary
3 exaction.
4 (B) A preponderance of the evidence in the record establishes
5 that subjecting the housing development project to an ordinance,
6 policy, or standard beyond those in effect when a preliminary
7 application was submitted is necessary to mitigate or avoid a
8 specific, adverse impact upon the public health or safety, as defined
9 in subparagraph (A) of paragraph (1) of subdivision 0), and there
10 is no feasible alternative method to satisfactorily mitigate or avoid
11 the adverse impact.
12 (C) Subjecting the housing development project to an ordinance,
13 policy,..� standard, or any other measure, beyond those
14 in effect when a preliminary application was submitted is necessary
15 tome avoid or substantially lessen an impact of the project
16 to a less thatt signifieatit level pttrsttatit to under the California
17 Environmental Quality Act (Division 13 (commencing with Section
18 21000) of the Public Resources Code).
19 (D) The housing development project has not commenced
20 construction within three years following the date that the project
21 received final approval. For purposes of this subparagraph, "final
22 approval" means that the housing development project has received
23 all necessary approvals to be eligible to apply for, and obtain, a
24 building permit or permits and either of the following is met:
25 (i) The expiration of all applicable appeal periods, petition
26 periods, reconsideration periods, or statute of limitations for
27 challenging that final approval without an appeal, petition, request
28 for reconsideration, or legal challenge having been filed.
29 (ii) If a challenge is filed, that challenge is fully resolved or
30 settled in favor of the housing development project.
31 (E) The housing development project is revised following
32 submittal of a preliminary application pursuant to Section 65941.1
33 such that the number of residential units or square footage of
34 construction changes by 20 percent or more, exclusive of any
35 increase resulting from the receipt of a density bonus, incentive,
36 concession, waiver, or similar provision. For purposes of this
37 subdivision, "square footage of construction" means the building
38 area, as defined by the California Building Standards Code (Title
39 24 of the California Code of Regulations).
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(3) This subdivision does not prevent a local agency from
subjecting the additional units or square footage of construction
that result from project revisions occurring after a preliminary
application is submitted pursuant to Section 65941.1 to the
ordinances, policies, and standards adopted and in effect when the
complete initial application was submitted.
(4) For purposes of this subdivision, "ordinances, policies, and
standards" includes general plan, community plan, specific plan,
zoning, design review standards and criteria, subdivision standards
and criteria, and any other rules, regulations, requirements, and
policies of a local agency, as defined in Section 66000, including
those relating to development impact fees, capacity or connection
fees or charges, permit or processing fees, and other exactions.
(5) This subdivision shall not be construed in a manner that
would lessen the restrictions imposed on a local agency, or lessen
the protections afforded to a housing development project, that are
established by any other law, including any other part of this
section.
(6) This subdivision shall not restrict the authority of a public
agency or local agency to require mitigation measures to lessen
the impacts of a housing development project under the California
Environmental Quality Act (Division 13 (commencing with Section
21000) of the Public Resources Code).
(7) This subdivision shall become inoperative on January 1,
2025.
(p) This section shall be known, and may be cited, as the
Housing Accountability Act.
SEC. 4. Section 65905.5 is added to the Government Code, to
read:
65905.5. (a) Notwithstanding any other law, if a proposed
housing development project complies with the applicable,
objective general plan and zoning standards in effect at the time
an application is deemed complete, acity, county,
or city and county shall not conduct more than fivede o
hearings pursuant to Section 65905, or any other law, ordinance,
or regulation requiring a public hearing in connection with the
approval of that housing development project. If the city, county,
or city and county continues a hearing subject to this section to
another date, the continued hearing shall count as one of the five
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1 hearings allowed under this section. Th city,
2 county, or city and county shall consider and either approve or
3 disapprove the application at any of the five hearings allowed
4 under this section consistent with the applicable timelines under
5 the Permit Streamlining Act (Chapter 4.5 (commencing with
6 Section 65920)).
7 , of
8 att earlier –date if other 4 by law. The eity or eoft-nty
9 shall not eontitme a.. ft
10
11 (b) For purposes of this section:
12 (1) "Deemed complete" means that the application has met all
13 of the requirements specified in the relevant list compiled pursuant
14 to Section 65940 that was available at the time when the application
15 was submitted.
16 (2) "Hearing" includes any public hearing, workshop, or similar
17 meeting conducted by the city or county with respect to the housing
18 development project, whether by the legislative body of the city
19 or county, the planning agency established pursuant to Section
20 65100, or any other agency, department, board, or commission of
21 the city or county or any committee or subcommittee thereof.
22 "Hearing" does not include a hearing to review a legislative
23 approval required for a proposed housing development project,
24 including, but not limited to, a general plan amendment, a speck
25 plan adoption or amendment, or a zoning amendment, or any
26 hearing arisingfrom a timely appeal of the approval or disapproval
27 of a legislative approval.
28 (3) "Housing development project" has the same meaning as
29 defined in paragraph (2) of subdivision (h) of Section 65589.5.
30 (c) (1) For purposes of this section, a housing development
31 project shall be deemed consistent, compliant, and in conformity
32 with an applicable plan, program, policy, ordinance, standard,
33 requirement, or other similar provision if there is substantial
34 evidence that would allow a reasonable person to conclude that
35 the housing development project is consistent, compliant, or in
36 conformity.
37 (2) A proposed housing development project is not inconsistent
38 with the applicable zoning standards and criteria, and shall not
39 require a rezoning, if the housing development project is consistent
40 with the objective general plan standards and criteria, but the
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1 zoning for the project site is inconsistent with the general plan. If
2 the local agency complies with the written documentation
3 requirements of paragraph (2) of subdivision 0) of Section 65589.5,
4 the local agency may require the proposed housing development
5 project to comply with the objective standards and criteria of the
6 zoning that is consistent with the general plan; however, the
7 standards and criteria shall be applied to facilitate and
8 accommodate development at the density allowed on the site by
9 the general plan and proposed by the proposed housing
10 development project.
11 (d) Nothing in this section supersedes, limits, or otherwise
12 modifies the requirements of, or the standards of review pursuant
13 to, Division 13 (commencing with Section 21000) of the Public
14 Resources Code.
15 (e) This section shall remain in effect only until January 1, 2025,
16 and as of that date is repealed.
17 SEC. 5. Section 65913.3 is added to the Government Code, to
18 read:
19 65913.3. (a) As used in this section:
20 (1) (A) Except as otherwise provided in subparagraph (B),
21 "affected city" means amity; city or city and county, including a
22 charter city, for which the Department of Housing and Community
23 Development determines, pursuant to subdivision (f), that the
24 average of both of the following amounts is greater than zero:
25 (i) The percentage by which the city's average rate of rent
26 exeeede diftered from 130 percent of the national median rent in
27 2017, based on the federal 2013-2017 American Community
28 Survey 5 -year Estimates.
29 (ii) The percentage by which the vacancy rate for residential
30 rental unitsis less tha differedfrom the national vacancy rate,
31 based on the federal 2013-2017 American Community Survey
32 5 -year Estimates.
33 (B) Notwithstanding subparagraph (A), "affected city" does not
34 include any city that has a population of 5,000 or less and is not
35 located within an urban core.
36 (2) "Affected county" means the unincorporated portions of a
37 county
38 territorial botttidaries of the eotttity are affeeted eities. that are
39 wholly within the boundaries of an urbanized area or urban cluster;
40 as designated by the United States Census Bureau, for which the
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1 Department of Housing and Community Development determines,
2 pursuant to subdivision (f), that the average of both of the following
3 amounts is greater than zero:
4 (A) The percentage by which the average rate of rent for
5 residential uses in the unincorporated portions of the county that
6 are wholly within the boundaries of an urbanized area or urban
7 cluster, as designated by the United States Census Bureau, differed
8 from 130 percent of the national median rent in 2017, based on
9 the federal 2013-2017 American Community Survey 5 -year
10 Estimates.
11 (B) The percentage by which the vacancy rate for residential
12 rental units in the unincorporated portions of the county that are
13 wholly within the boundaries of an urbanized area or urban cluster,
14 as designated by the United States Census Bureau, differedfrom
15 the national vacancy rate, based on the federal 2013-2017
16 American Community Survey 5 -year Estimates.
17 (3) Notwithstanding any other law, for purposes of any action
18 that this section prohibits an affected county or an affected city
19 from doing, "affected county" and "affected city" includes the
20 electorate of the affected county or affected city, as applicable,
21 exercising its local initiative or referendum power with respect to
22 any act that is subject to that power by other law, whether that
23 power is derived from the California Constitution, statute, or the
24 charter or ordinances of the affected county or affected city.
25 (4) "Housing development project" has the same meaning as
26 defined in paragraph (2) of subdivision (h) of Section 65589.5.
27 (b) (1) Notwithstanding any other law, with respect to land
28 where housing is an allowable use on or after January 1, 2018, an
29 affected county or an affected city, as applicable, shall not impose
30 any new, or increase or enforce any existing, requirement that a
31 proposed housing development include parking, as applicable:
32 (A) A minimum parking requirement if the proposed housing
33 development is within one-quarter mile of a rail stop that is a major
34 transit stop, as defined in subdivision (b) of Section 21155 of the
35 Public Resources Code, there is unobstructed access to the major
36 transit stop from the proposed housing development, and the
37 proposed housing development is in an affected city that meets
38 either of the following:
39 (i) The affected city is located in a county with a population of
40 greater than 700,000.
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1 (ii) The affected city has a population of 100,000 or greater and
2 is located in a county with a population of 700,000 or less.
3 (B) A minimum parking requirement in excess of 0.5 spaces
4 per unit in affected cities that are not subject to subparagraph (A).
5 (2) (A) An affected county or affected city may charge a fee
6 that is in lieu of a housing development's compliance with any
7 requirement imposed by the affected county or affected city, as
8 applicable, to include a certain percentage of affordable units.
9 (B) Nothing in this section prevents an affected county or an
10 affected city from charging a fee that is in lieu of a housing
11 development's compliance with any requirement imposed by the
12 affected county or affected city, as applicable, to include a certain
13 percentage of affordable units.
14 (c) A proposed housing development project is not inconsistent
15 with the applicable zoning standards and criteria, and shall not
16 require a rezoning, if the housing development project is consistent
17 with the objective general plan standards and criteria in effect as
18 of January 1, 2018, but the zoning for the project site is inconsistent
19 with the general plan. If the local agency complies with the written
20 documentation requirements of paragraph (2) of subdivision 0) of
21 Section 65589.5, the local agency may require the proposed
22 housing development project to comply with the objective
23 standards and criteria of the zoning that is consistent with the
24 general plan, however, the standards and criteria shall be applied
25 to facilitate and accommodate development at the density allowed
26 on the site by the general plan and proposed by the proposed
27 housing development project.
28 (d) If the affected county or affected city approves an application
29 for a conditional use permit for a proposed housing development
30 project and that project would have been eligible for a higher
31 density under the affected county's or affected city's general plan
32 land use designation and zoning ordinances as in effect prior to
33 January 1, 2018, the affected county or affected city shall allow
34 the project at that higher density.
35 (e) (1) Notwithstanding any other provision of this section, if
36 a proposed housing development project subject to this section
37 would require the demolition of residential property as described
38 in paragraph (2), an affected county or an affected city may only
39 approve that housing development if all of the following apply:
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1 (A) There is no net loss of units being rented at an affordable
2 rent, as defined in Section 50053 of the Health and Safety Code,
3 to lower income households, as defined in Section 50079.5 of the
4 Health and Safety Code.
5 (B) The proposed housing development project increases density
6 above the density of the existing residential use of the property,
7 including an increased number of deed -restricted low-income units.
8 (C) Existing residents are allowed to occupy their units until
9 six months before the start of construction activities with proper
10 notice, subject to Chapter 16 (commencing with Section 7260) of
11 Division 7 of Title 1.
12 (D) The developer agrees to provide both of the following:
13 (i) Relocation benefits to the occupants of those affordable
14 residential rental units, subject to Chapter 16 (commencing with
15 Section 7260) of Division 7 of Title 1.
16 (ii) A right of first refusal for units available in the new housing
17 development affordable to the household at an affordable rent, as
18 defined in Section 50053 of the Health and Safety Code.
19 (E) The affected county or city is not otherwise prohibited from
20 approving the demolition of the affordable rental units pursuant
21 to subparagraph (B).
22 (2) For purposes of this subdivision, "residential property"
23 means:
24 (A) Residential rental units that are any of the following:
25 (i) Assisted pursuant to Section 8 of the United States Housing
26 Act of 1937.
27 (ii) Subject to any form of rent or price control through a public
28 entity's valid exercise of its police power.
29 (iii) Affordable to persons with a household income equal to or
30 less than 80 percent of the area median income.
31 (B) A residential structure containing residential dwelling units
32 currently occupied by tenants, or were previously occupied by
33 tenants if those dwelling units were withdrawn from rent or lease
34 in accordance with Chapter 12.75 (commencing with Section 7060)
35 of Division 7 of Title 1 and subsequently offered for sale by the
36 subdivider or subsequent owner of the property.
37 (3) Any units for which a developer provides relocation
38 assistance or a right of first refusal pursuant to subparagraph (D)
39 of paragraph (1) shall be considered in determining whether the
40 housing development project satisfies the requirements, if
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1 applicable, of an inclusionary housing ordinance of the affected
2 county or affected city requiring that the development include a
3 certain number of units affordable at the applicable household
4 income levels of the household.
5 (f) The Department of Housing and Community Development
6 shall determine those cities and counties in this state that are
7 affected cities and affected counties, in accordance with subdivision
8 (a), by June 30, 2020. The department's determination shall remain
9 valid until January 1, 2025.
10 (g) (1) Except as provided in paragraphs (3) and (4) and in
11 subdivision (h), this section shall prevail over any conflicting
12 provision of this title or other law regulating housing development
13 in this state to the extent that this section more fully advances the
14 intent specified in paragraph (2).
15 (2) It is the intent of the Legislature that this section be construed
16 so as to maximize the development of housing within this state.
17 Any exception to the requirements of this section, including an
18 exception for the health and safety of occupants of a housing
19 development project, shall be construed narrowly.
20 (3) This section shall not be construed as prohibiting planning
21 standards that allow greater density in or reduce the costs to a
22 housing development project or mitigation measures that are
23 necessary to comply with the California Environmental Quality
24 Act (Division 13 (commencing with Section 21000) of the Public
25 Resources Code).
26 (4) This section shall not apply to a housing development project
27 located within a very high fire hazard severity zone. For purposes
28 of this paragraph, "very high fire hazard severity zone" has the
29 same meaning as provided in Section 51177.
30 (h) (1) Nothing in this section supersedes, limits, or otherwise
31 modifies the requirements of, or the standards of review pursuant
32 to, Division 13 (commencing with Section 21000) of the Public
33 Resources Code.
34 (2) Nothing in this section supersedes, limits, or otherwise
35 modifies the requirements of the California Coastal Act of 1976
36 (Division 20 (commencing with Section 30000) of the Public
37 Resources Code).
38 (i) This section shall remain in effect only until January 1,
39 2025, and as of that date is repealed.
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1 SEC. 6. Section 65913.10 is added to the Government Code,
2 to read:
3 65913.10. (a) For purposes of any state or local law, ordinance,
4 or regulation that requires the city or county to determine whether
5 the site of a proposed housing development project is a historic
6 site, the city or county shall make that determination at the time
7 the application for the housing development project is deemed
8 complete. A determination as to whether a parcel of property is a
9 historic site shall remain valid during the pendency of the housing
10 development project for which the application waste made
11 unless any archaeological, paleontological, or tribal cultural
12 resources are encountered during any grading, site disturbance,
13 or building alteration activities.
14 (b) For purposes of this section:
15 (1) "Deemed complete" means that the application has met all
16 of the requirements specified in the relevant list compiled pursuant
17 to Section 65940 that was available at the time when the application
18 was submitted.
19 (2) "Housing development project" has the same meaning as
20 defined in paragraph (2) of subdivision (h) of Section 65589.5.
21 (c) (1) Nothing in this section supersedes, limits, or otherwise
22 modifies the requirements of, or the standards of review pursuant
23 to, Division 13 (commencing with Section 21000) of the Public
24 Resources Code.
25 (2) Nothing in this section supersedes, limits, or otherwise
26 modifies the requirements of the California Coastal Act of 1976
27 (Division 20 (commencing with Section 30000) of the Public
28 Resources Code).
29 (d) This section shall remain in effect only until January 1, 2025,
30 and as of that date is repealed.
31 SEC. 7. Section 65941.1 is added to the Government Code, to
32 read:
33 65941.1. (a) A housing development project, as defined in
34 paragraph (2) of subdivision (h) of Section 65589.5, shall be
35 deemed to have submitted a preliminary application upon providing
36 all of the following information about the proposed project to the
37 city, county, or city and county from which approval for the project
38 is beings sought and upon payment of the permitprocessing
39 fee:
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1 (1) The specifics location, including parcel numbers,
2 a legal description, and site address, if applicable.
3 (2) The existing uses on the project site and identification of
4 major physical alterations to the property on which the project is
5 to be located.
6 (3) A site-pla-ee plan showing the location on the property,-"
7 well as elevations showing design, color, and material, and the
8 massing, height, and approximate square footage, of each building
9 that is to be occupied.
10 (4) The proposed land uses by number of units and square
11 feet of residential and nonresidential development using the
12 categories in the applicable zoning ordinance.
13 (5) The proposed number of parking spaces.
14 (6) Any proposed point sources of air or water pollutants.
15 (7) Any species of special concern known to occur on the
16 property.
17 (8) Any portion of the property located within any of the
18 following:
19 (A) A very high fire hazard severity zone, as determined by the
20 Department of Forestry and Fire Protection pursuant to Section
21 51178.
22 (B) Wetlands, as defined in the United States Fish and Wildlife
23 Service Manual, Part 660 FW 2 (June 21, 1993).
24 (C) A hazardous waste site that is listed pursuant to Section
25 65962.5 or a hazardous waste site designated by the Department
26 of Toxic Substances Control pursuant to Section 25356 of the
27 Health and Safety Code.
28 (D) A special flood hazard area subject to inundation by the 1
29 percent annual chance flood (100 year flood) as determined by
30 the Federal Emergency Management Agency in any official maps
31 published by the Federal Emergency Management Agency.
32 (E) A delineated earthquake fault zone as determined by the
33 State Geologist in any official maps published by the State
34 Geologist, unless the development complies with applicable seismic
35 protection building code standards adopted by the California
36 Building Standards Commission under the California Building
37 Standards Law (Part 2.5 (commencing with Section 18901) of
38 Division 13 of the Health and Safety Code), and by any local
39 building department under Chapter 12.2 (commencing with Section
40 8875) of Division I of Title 2.
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2 (9) Any historic or cultural resources known to exist on the
3 property.
4 (9)
5 (10) The number of proposed below market rate units and their
6 affordability levels.
7 (11) The number of bonus units and any incentives, concessions,
8 waivers, or parking reductions requested pursuant to Section
9 65915.
10 (12) Whether any approvals under the Subdivision Map Act,
11 including, but not limited to, a parcel map, a tentative map, or a
12 condominium map, are being requested.
13 (13) The applicant's contact information and, if the applicant
14 does not own the property, consent from the property owner to
15 submit the application.
16 (b) eke -(1) Each local agency shall compile a checklist and
17 application form that applicants for housing development projects
18 may use for the purpose of satisfying the requirements for submittal
19 of a preliminary application.
20 (2) The Department of Housing and Community Development
21 shall adopt a standardized form that applicants for housing
22 development projects may use for the purpose of satisfying the
23 requirements for submittal of a preliminary-appRtft6tnr application
24 if a local agency has not developed its own application form
25 pursuant to paragraph (1). Adoption of the standardized form
26 shall not be subject to Chapter 3.5 (commencing with Section
27 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
28 (3) A checklist or form shall not require or request any
29 information beyond that expressly identified in subdivision (a).
30 (c) After submittal of a prelimittaty applieatiorr, all of the
31 information required by subdivision (a), if the development
32 proponent revises the project such that the number of residential
33 units or square footage of construction changes by 20 percent or
34 more, exclusive of any increase resulting from the receipt of a
35 density bonus, incentive, concession, waiver, or similar provision,
36 the housing development project shall not be deemed to have
37 submitted a preliminary application that satisfies this section until
38 the development proponent resubmits the information required by
39 subdivision (a) so that it reflects the revisions. For purposes of this
40 subdivision, "square footage of construction" means the building
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1 area, as defined by the California Building Standards Code (Title
2 24 of the California Code of Regulations).
3 (d) (1) Within 180 calendar days after submitting a preliminary
4 application to a city, county, or city and county, the development
5 proponent shall submit an application for a development project
6 that includes all of the information required to process the
7 development application consistent with Sections 65940, 65941,
8 and 65941.5.
9 (2) If the public agency determines that the application for the
10 development project is not complete pursuant to Section 65943,
11 the development proponent shall submit the speck information
12 needed to complete the application within 90 days of receiving the
13 agency's written identification of the necessary information. If the
14 development proponent does not submit this information within
15 the 90 -day period, then the preliminary application shall expire
16 and have no further force or effect.
17 (3) This section shall not require an affirmative determination
18 by a city, county, or city and county regarding the completeness
19 of a preliminary application or a development application for
20 purposes of compliance with this section.
21 O
22 (e) This section shall remain in effect only until January 1, 2025,
23 and as of that date is repealed.
24 SEC. 8. Section 65943 of the Government Code is amended
25 to read:
26 65943. (a) Not later than 30 calendar days after any public
27 agency has received an application for a development project, the
28 agency shall determine in writing whether the application is
29 complete and shall immediately transmit the determination to the
30 applicant for the development project. If the application is
31 determined to be incomplete, the lead agency shall provide the
32 applicant with an exhaustive list of items that were not complete.
33 That list shall be limited to those items actually required on the
34 lead agency's submittal requirement checklist. In any subsequent
35 review of the application determined to be incomplete, the local
36 agency shall not request the applicant to provide any new
37 information that was not stated in the initial list of items that were
38 not complete. If the written determination is not made within 30
39 days after receipt of the application, and the application includes
40 a statement that it is an application for a development permit, the
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1 application shall be deemed complete for purposes of this chapter.
2 Upon receipt of any resubmittal of the application, a new 30 -day
3 period shall begin, during which the public agency shall determine
4 the completeness of the application. If the application is determined
5 not to be complete, the agency's determination shall specify those
6 parts of the application which are incomplete and shall indicate
7 the manner in which they can be made complete, including a list
8 and thorough description of the specific information needed to
9 complete the application. The applicant shall submit materials to
10 the public agency in response to the list and description.
11 (b) Not later than 30 calendar days after receipt of the submitted
12 materials described in subdivision (a), the public agency shall
13 determine in writing whether the application as supplemented or
14 amended by the submitted materials is complete and shall
15 immediately transmit that determination to the applicant. In making
16 this determination, the public agency is limited to determining
17 whether the application as supplemented or amended includes the
18 information required by the list and a thorough description of the
19 specific information needed to complete the application required
20 by subdivision (a). If the written determination is not made within
21 that 30 -day period, the application together with the submitted
22 materials shall be deemed complete for purposes of this chapter.
23 (c) If the application together with the submitted materials are
24 determined not to be complete pursuant to subdivision (b), the
25 public agency shall provide a process for the applicant to appeal
26 that decision in writing to the governing body of the agency or, if
27 there is no governing body, to the director of the agency, as
28 provided by that agency. A city or county shall provide that the
29 right of appeal is to the governing body or, at their option, the
30 planning commission, or both.
31 There shall be a final written determination by the agency on
32 the appeal not later than 60 calendar days after receipt of the
33 applicant's written appeal. The fact that an appeal is permitted to
34 both the planning commission and to the governing body does not
35 extend the 60 -day period. Notwithstanding a decision pursuant to
36 subdivision (b) that the application and submitted materials are
37 not complete, if the final written determination on the appeal is
38 not made within that 60 -day period, the application with the
39 submitted materials shall be deemed complete for the purposes of
40 this chapter.
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1 (d) Nothing in this section precludes an applicant and a public
2 agency from mutually agreeing to an extension of any time limit
3 provided by this section.
4 (e) A public agency may charge applicants a fee not to exceed
5 the amount reasonably necessary to provide the service required
6 by this section. If a fee is charged pursuant to this section, the fee
7 shall be collected as part of the application fee charged for the
8 development permit.
9 (f) Each city and each county shall make copies of any list
10 compiled pursuant to Section 65940 with respect to information
11 required from an applicant for a housing development project, as
12 that term is defined in paragraph (2) of subdivision (h) of Section
13 65589.5, available both (1) in writing to those persons to whom
14 the agency is required to make information available under
15 subdivision (a) of that section, and (2) publicly available on the
16 internet website of the city or county.
17 (g) This section shall remain in effect only until January 1, 2025,
18 and as of that date is repealed.
19 SEC. 9. Section 65943 is added to the Government Code, to
20 read:
21 65943. (a) Not later than 30 calendar days after any public
22 agency has received an application for a development project, the
23 agency shall determine in writing whether the application is
24 complete and shall immediately transmit the determination to the
25 applicant for the development project. If the written determination
26 is not made within 30 days after receipt of the application, and the
27 application includes a statement that it is an application for a
28 development permit, the application shall be deemed complete for
29 purposes of this chapter. Upon receipt of any resubmittal of the
30 application, a new 30 -day period shall begin, during which the
31 public agency shall determine the completeness of the application.
32 If the application is determined not to be complete, the agency's
33 determination shall specify those parts of the application which
34 are incomplete and shall indicate the manner in which they can be
35 made complete, including a list and thorough description of the
36 specific information needed to complete the application. The
37 applicant shall submit materials to the public agency in response
38 to the list and description.
39 (b) Not later than 30 calendar days after receipt of the submitted
40 materials, the public agency shall determine in writing whether
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1 they are complete and shall immediately transmit that determination
2 to the applicant. If the written determination is not made within
3 that 30 -day period, the application together with the submitted
4 materials shall be deemed complete for purposes of this chapter.
5 (c) If the application together with the submitted materials are
6 determined not to be complete pursuant to subdivision (b), the
7 public agency shall provide a process for the applicant to appeal
8 that decision in writing to the governing body of the agency or, if
9 there is no governing body, to the director of the agency, as
10 provided by that agency. A city or county shall provide that the
11 right of appeal is to the governing body or, at their option, the
12 planning commission, or both.
13 There shall be a final written determination by the agency on
14 the appeal not later than 60 calendar days after receipt of the
15 applicant's written appeal. The fact that an appeal is permitted to
16 both the planning commission and to the governing body does not
17 extend the 60 -day period. Notwithstanding a decision pursuant to
18 subdivision (b) that the application and submitted materials are
19 not complete, if the final written determination on the appeal is
20 not made within that 60 -day period, the application with the
21 submitted materials shall be deemed complete for the purposes of
22 this chapter.
23 (d) Nothing in this section precludes an applicant and a public
24 agency from mutually agreeing to an extension of any time limit
25 provided by this section.
26 (e) A public agency may charge applicants a fee not to exceed
27 the amount reasonably necessary to provide the service required
28 by this section. If a fee is charged pursuant to this section, the fee
29 shall be collected as part of the application fee charged for the
30 development permit.
31 (f) This section shall become operative on January 1, 2025.
32 SEC. 10. Section 65950 of the Government Code is amended
33 to read:
34 65950. (a) A public agency that is the lead agency for a
35 development project shall approve or disapprove the project within
36 whichever of the following periods is applicable:
37 (1) One hundred eighty days from the date of certification by
38 the lead agency of the environmental impact report, if an
39 environmental impact report is prepared pursuant to Section 21100
40 or 21151 of the Public Resources Code for the development project.
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1 (2) Ninety days from the date of certification by the lead agency
2 of the environmental impact report, if an environmental impact
3 report is prepared pursuant to Section 21100 or 21151 of the Public
4 Resources Code for a development project defined in subdivision
5 (c).
6 (3) Sixty days from the date of certification by the lead agency
7 of the environmental impact report, if an environmental impact
8 report is prepared pursuant to Section 21100 or 21151 of the Public
9 Resources Code for a development project defined in subdivision
10 (c) and all of the following conditions are met:
11 (A) At least 49 percent of the units in the development project
12 are affordable to very low or low-income households, as defined
13 by Sections 50105 and 50079.5 of the Health and Safety Code,
14 respectively. Rents for the lower income units shall be set at an
15 affordable rent, as that term is defined in Section 50053 of the
16 Health and Safety Code, for at least 30 years. Owner -occupied
17 units shall be available at an affordable housing cost, as that term
18 is defined in Section 50052.5 of the Health and Safety Code.
19 (B) Prior to the application being deemed complete for the
20 development project pursuant to Article 3 (commencing with
21 Section 65940), the lead agency received written notice from the
22 project applicant that an application has been made or will be made
23 for an allocation or commitment of financing, tax credits, bond
24 authority, or other financial assistance from a public agency or
25 federal agency, and the notice specifies the financial assistance
26 that has been applied for or will be applied for and the deadline
27 for application for that assistance, the requirement that one of the
28 approvals of the development project by the lead agency is a
29 prerequisite to the application for or approval of the application
30 for financial assistance, and that the financial assistance is
31 necessary for the project to be affordable as required pursuant to
32 subparagraph (A).
33 (C) There is confirmation that the application has been made
34 to the public agency or federal agency prior to certification of the
35 environmental impact report.
36 (4) Sixty days from the date of adoption by the lead agency of
37 the negative declaration, if a negative declaration is completed and
38 adopted for the development project.
39 (5) Sixty days from the determination by the lead agency that
40 the project is exempt from the California Environmental Quality
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1 Act (Division 13 (commencing with Section 21000) of the Public
2 Resources Code), if the project is exempt from that act.
3 (b) This section does not preclude a project applicant and a
4 public agency from mutually agreeing in writing to an extension
5 of any time limit provided by this section pursuant to Section
6 65957.
7 (c) For purposes of paragraphs (2) and (3) of subdivision (a)
8 and Section 65952, "development project" means a housing
9 development project, as that term is defined in paragraph (2) of
10 subdivision (h) of Section 65589.5.
11 (d) For purposes of this section, "lead agency" and "negative
12 declaration" have the same meaning as defined in Sections 21067
13 and 21064 of the Public Resources Code, respectively.
14 (e) This section shall remain in effect only until January 1, 2025,
15 and as of that date is repealed.
16 SEC. 11. Section 65950 is added to the Government Code, to
17 read:
18 65950. (a) A public agency that is the lead agency for a
19 development project shall approve or disapprove the project within
20 whichever of the following periods is applicable:
21 (1) One hundred eighty days from the date of certification by
22 the lead agency of the environmental impact report, if an
23 environmental impact report is prepared pursuant to Section 21100
24 or 21151 of the Public Resources Code for the development project.
25 (2) One hundred twenty days from the date of certification by
26 the lead agency of the environmental impact report, if an
27 environmental impact report is prepared pursuant to Section 21100
28 or 21151 of the Public Resources Code for a development project
29 defined in subdivision (c).
30 (3) Ninety days from the date of certification by the lead agency
31 of the environmental impact report, if an environmental impact
32 report is prepared pursuant to Section 21100 or 21151 of the Public
33 Resources Code for a development project defined in subdivision
34 (c) and all of the following conditions are met:
35 (A) At least 49 percent of the units in the development project
36 are affordable to very low or low-income households, as defined
37 by Sections 50105 and 50079.5 of the Health and Safety Code,
38 respectively. Rents for the lower income units shall be set at an
39 affordable rent, as that term is defined in Section 50053 of the
40 Health and Safety Code, for at least 30 years. Owner -occupied
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1 units shall be available at an affordable housing cost, as that term
2 is defined in Section 50052.5 of the Health and Safety Code.
3 (B) Prior to the application being deemed complete for the
4 development project pursuant to Article 3 (commencing with
5 Section 65940), the lead agency received written notice from the
6 project applicant that an application has been made or will be made
7 for an allocation or commitment of financing, tax credits, bond
8 authority, or other financial assistance from a public agency or
9 federal agency, and the notice specifies the financial assistance
10 that has been applied for or will be applied for and the deadline
11 for application for that assistance, the requirement that one of the
12 approvals of the development project by the lead agency is a
13 prerequisite to the application for or approval of the application
14 for financial assistance, and that the financial assistance is
15 necessary for the project to be affordable as required pursuant to
16 subparagraph (A).
17 (C) There is confirmation that the application has been made
18 to the public agency or federal agency prior to certification of the
19 environmental impact report.
20 (4) Sixty days from the date of adoption by the lead agency of
21 the negative declaration, if a negative declaration is completed and
22 adopted for the development project.
23 (5) Sixty days from the determination by the lead agency that
24 the project is exempt from the California Environmental Quality
25 Act (Division 13 (commencing with Section 21000) of the Public
26 Resources Code), if the project is exempt from that act.
27 (b) This section does not preclude a project applicant and a
28 public agency from mutually agreeing in writing to an extension
29 of any time limit provided by this section pursuant to Section
30 65957.
31 (c) For purposes of paragraphs (2) and (3) of subdivision (a)
32 and Section 65952, "development project" means a use consisting
33 of either of the following:
34 (1) Residential units only.
35 (2) Mixed-use developments consisting of residential and
36 nonresidential uses in which the nonresidential uses are less than
37 50 percent of the total square footage of the development and are
38 limited to neighborhood commercial uses and to the first floor of
39 buildings that are two or more stories. As used in this paragraph,
40 "neighborhood commercial" means small-scale general or specialty
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stores that furnish goods and services primarily to residents of the
neighborhood.
(d) For purposes of this section, "lead agency" and "negative
declaration" have the same meaning as defined in Sections 21067
and 21064 of the Public Resources Code, respectively.
(e) This section shall become operative on January 1, 2025.
SEC. 12. Section 65950.2 is added to the Government Code,
to read:
65950.2. (a) Notwithstanding any other law, the deadlines
specified in this article are mandatory.
(b) This section shall remain in effect only until January 1, 2025,
and as of that date is repealed.
SEC. 13. Chapter 12 (commencing with Section 66300) is
added to Division 1 of Title 7 of the Government Code, to read:
CHAPTER 12. HOUSING CRISIS ACT OF 2019
66300. (a) As used in this section:
(1) (A) Except as otherwise provided in subparagraph (B),
"affected city" means a city, including a charter city, for which
the Department of Housing and Community Development
determines, pursuant to subdivision (d), that the average of both
of the following amounts is greater than zero:
(i) The percentage by which the city's average rate of rent
exeeede differedfrom 130 percent of the national median rent in
2017, based on the federal 2013117 2013-2017 American
Community Survey 5 -year Estimates.
(ii) The percentage by which the vacancy rate for residential
rental unitsis less tha differedfrom the national vacancy rate,
based on the federal 2013-2017 American Community Survey
5 -year Estimates.
(B) Notwithstanding subparagraph (A), "affected city" does not
include any city that has a population of 5,000 or less and is not
located within an urban core.
(2) "Affected county" means a county in which at least 50
percent of the cities located within the territorial boundaries of the
county are affected cities.
(3) Notwithstanding any other law, "affected county" and
"affected city" includes the electorate of an affected county or city
exercising its local initiative or referendum power, whether that
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1 power is derived from the California Constitution, statute, or the
2 charter or ordinances of the affected county or city.
3 (4) "Department" means the Department of Housing and
4 Community Development.
5 (5) "Development policy, standard, or condition" means any of
6 the following:
7 (A) A provision of, or amendment to, a general plan.
8 (B) A provision of, or amendment to, a specific plan.
9 (C) A provision of, or amendment to, a zoning ordinance.
10 (D) A subdivision standard or criterion.
11 (6) "Housing development project" has the same meaning as
12 defined in paragraph (2) of subdivision (h) of Section 65589.5.
13 (7) "Objective design standard" means a design standard that
14 involve no personal or subjective judgment by a public official
15 and is uniformly verifiable by reference to an external and uniform
16 benchmark or criterion available and knowable by both the
17 development applicant or proponent and the public official before
18 submittal of an application.
19 (b) (1) Notwithstanding any other law, with respect to land
20 where housing is an allowable use on or after January 1, 2018, an
21 affected county or an affected city shall not enact a development
22 poliee, policy, standard, or condition that would have any of the
23 following effects:
24 (A) Changing the general plan land use designation, specific
25 plan land use designation, or zoning of a parcel or parcels of
26 property to a less intensive use or reducing the intensity of land
27 use within an existing general plan land use designation, specific
28 plan land use designation, or zoning district below what was
29 allowed under the land use designation and zoning ordinances of
30 the affected county or affected city, as applicable, as in effect on
31 January 1, 2018, except as otherwise provided in clause (ii) of
32 subparagraph (B). For purposes of this subparagraph, "less
33 intensive use" includes, but is not limited to, reductions to height,
34 density, or floor area ratio, new or increased open space or lot size
35 requirements, or new or increased setback requirements, minimum
36 frontage requirements, or maximum lot coverage limitations, or
37 anything that would lessen the intensity of housing, as defined in
38 paragraph (1) of subdivision (f).
39 (B) (i) Imposing a moratorium or similar restriction or limitation
40 on housing development, including mixed-use development, within
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1 all or a portion of the jurisdiction of the affected county or city,
2 other than to specifically protect against an imminent threat to the
3 health and safety of persons residing in, or within the immediate
4 vicinity of, the area subject to the moratorium or for projects
5 specifically identified as existing restricted affordable housing.
6 (ii) The affected county or affected city, as applicable, shall not
7 enforce a zoning ordinance imposing a moratorium or other similar
8 restriction on or limitation of housing development until it has
9 submitted the ordinance to, and received approval from, the
10 department. The department shall approve a zoning ordinance
11 submitted to it pursuant to this subparagraph only if it determines
12 that the zoning ordinance satisfies the requirements of this
13 subparagraph. If the department denies approval of a zoning
14 ordinance imposing a moratorium or similar restriction or limitation
15 on housing development as inconsistent with this subparagraph,
16 that ordinance shall be deemed void.
17 (C) Imposing or enforcing design standards established on or
18 after January 1, 2018, that are not objective design standards.
19 (D) Except as provided in subparagraph (E), establishing or
20 implementing any provision that:
21 (i) Limits the number of land use approvals or permits necessary
22 for the approval and construction of housing that will be issued or
23 allocated within all or a portion of the affected county or affected
24 city, as applicable.
25 (ii) Acts as a cap on the number of housing units that can be
26 approved or constructed either annually or for some other time
27 period.
28 (iii) Limits the population of the affected county or affected
29 city, as applicable.
30 (E) Notwithstanding subparagraph (D), an affected city or
31 county may enforce a limit on the number of approvals or permits
32 or a cap on the number of housing units that can be approved or
33 constructed if the provision of law imposing the limit was approved
34 by voters prior to January 1, 2005, and the affected city or county
35 is located in a predominantly agricultural county. For the purposes
36 of this subparagraph, "predominantly agricultural county" means
37 a county that meets both of the following, as determined by the
38 most recent California Farmland Conversion Report produced by
39 the Department of Conservation:
40 (i) Has more than 550,000 acres of agricultural land.
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1 (ii) At least one-half of the county area is agricultural land.
2 (2) Any development policy, standard, or condition enacted on
3 or after January 1, 2018, that does not comply with this section
4 shall be deemed void.
5 (c) Notwithstanding subdivisions (b) and (e), an affected county
6 or affected city may enact a development policy, standard, or
7 condition to prohibit the commercial use of land that is designated
8 for residential use, including, but not limited to, short-term
9 occupancy of a residence, consistent with the authority conferred
10 on the county or city by other law.
11 (d) The Department of Housing and Community Development
12 shall determine those cities and counties in this state that are
13 affected cities and affected counties, in accordance with subdivision
14 (a) by June 30, 2020. The department's determination shall remain
15 valid until January 1, 2025.
16 (e) (1) Except as provided in paragraphs (3) and (4) and in
17 subdivision (g), this section shall prevail over any conflicting
18 provision of this title or other law regulating housing development
19 in this state to the extent that this section more fully advances the
20 intent specified in paragraph (2).
21 (2) It is the intent of the Legislature that this section be broadly
22 construed so as to maximize the development of housing within
23 this state. Any exception to the requirements of this section,
24 including an exception for the health and safety of occupants of a
25 housing development project, shall be construed narrowly.
26 (3) This section shall not be construed as prohibiting the
27 adoption or amendment of a development policy, standard, or
28 condition in a manner that:
29 (A) Allows greater density.
30 (B) Facilitates the development of housing.
31 (C) Reduces the costs to a housing development project.
32 (D) Imposes or implements mitigation measures as necessary
33 to comply with the California Environmental Quality Act (Division
34 13 (commencing with Section 21000) of the Public Resources
35 Code).
36 (4) This section shall not apply to a housing development project
37 located within a very high fire hazard severity zone. For purposes
38 of this paragraph, "very high fire hazard severity zone" has the
39 same meaning as provided in Section 51177.
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1 (f) (1) Notwithstanding Section 9215, 9217, or 9323 of the
2 Elections Code or any other provision of law, except the California
3 Constitution and as provided in paragraph (2), any requirement
4 that local voter approval, or the approval of a supermaj ority of any
5 body of the affected county or the affected city, be obtained to
6 increase the allowable intensity of housing, to establish housing
7 as an allowable use, or to provide services and infrastructure
8 necessary to develop housing, is hereby declared against public
9 policy and void. For purposes of this subdivision, "intensity of
10 housing" is broadly defined to include, but is not limited to, height,
11 density, or floor area ratio, or open space or lot size requirements,
12 or setback requirements, minimum frontage requirements, or
13 maximum lot coverage limitations, or anything that would be a
14 less intensive use or reduction in the intensity of land use as defined
15 in this subdivision.
16 (2) This section shall not be construed to void a height limit,
17 urban growth boundary, or urban limit established by the electorate
18 of an affected county or an affected city on or before January 1,
19 2018.
20 (g) (1) Nothing in this section supersedes, limits, or otherwise
21 modifies the requirements of, or the standards of review pursuant
22 to, Division 13 (commencing with Section 21000) of the Public
23 Resources Code.
24 (2) Nothing in this section supersedes, limits, or otherwise
25 modifies the requirements of the California Coastal Act of 1976
26 (Division 20 (commencing with Section 30000) of the Public
27 Resources Code).
28 (h) This section does not prohibit an affected county or an
29 affected city from changing a land use designation or zoning
30 ordinance to a less intensive use if the city or county concurrently
31 changes the development standards, policies, and conditions
32 applicable to other parcels within the jurisdiction to ensure that
33 there is no net loss in residential capacity.
34 66301. This chapter shall remain in effect only until January
35 1, 2025, and as of that date is repealed.
36 SEC. 14. Section 17980.12 is added to the Health and Safety
37 Code, to read:
38 17980.12. (a) As used in this section, "occupied substandard
39 building or unit" means a building or unit in which one or more
40 persons reside that an enforcement agency finds is in violation of
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1 any provision of this part, any building standards published in the
2 California Building Standards Code, or any other rule or regulation
3 adopted pursuant to this part.
4 (b) (1) An enforcement agency that issues to an owner of an
5 occupied substandard building or unit in a zone where residential
6 use is a permitted use, including areas zoned for mixed use, a notice
7 to correct a violation of any provision of any building standard
8 adopted pursuant to this part, or to abate a nuisance pursuant to
9 this part, shall include in that notice a statement that the owner of
10 the occupied substandard building or unit has the right to request
11 a delay in enforcement of up to seven years.
12 (2) The owner of an occupied substandard building or unit that
13 receives a notice to correct a violation or abate a nuisance, as
14 described in paragraph (1), may submit an application to the
15 enforcement agency, in the form and manner prescribed by the
16 enforcement agency, requesting that the enforcement of the
17 violation be delayed for up to seven years on the basis that
18 correcting the violation or abating the nuisance is not necessary
19 to protect health and safety.
20 (3) The enforcement agency may grant an application
21 submitted pursuant to paragraph (2) and delay enforcement if it
22 determines that correcting the violation or abating the nuisance is
23 not necessary to protect health and safety. An enforcement agency
24 may require violations or nuisances that impact health and safety
25 to be corrected or abated earlier than seven years.
26 (c) This section shall remain in effect only until January 1, 2025,
27 and as of that date is repealed.
28 SEC. 15. The Legislature finds and declares that the provision
29 of adequate housing, in light of the severe shortage of housing at
30 all income levels in this state, is a matter of statewide concern and
31 is not a municipal affair as that term is used in Section 5 ofArticle
32 XI of the California Constitution. Therefore, the provisions of this
33 act apply to all cities, including charter cities.
34 SEC. 16. No reimbursement is required by this act pursuant to
35 Section 6 ofArticle XIIIB of the California Constitution for certain
36 costs that may be incurred by a local agency or school district
37 because, in that regard, this act creates a new crime or infraction,
38 eliminates a crime or infraction, or changes the penalty for a crime
39 or infraction, within the meaning of Section 17556 of the
40 Government Code, or changes the definition of a crime within the
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1 meaning of Section 6 of Article XIII B of the California
2 Constitution.
3 However, if the Commission on State Mandates determines that
4 this act contains other costs mandated by the state, reimbursement
5 to local agencies and school districts for those costs shall be made
6 pursuant to Part 7 (commencing with Section 17500) of Division
7 4 of Title 2 of the Government Code.
8 SEC. 17. The provisions of this act are severable. If any
9 provision of this act or its application is held invalid, that invalidity
10 shall not affect other provisions or applications that can be given
11 effect without the invalid provision or application.
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