BILL NUMBER: SB 2 CHAPTERED
BILL TEXT
CHAPTER 633
FILED WITH SECRETARY OF STATE OCTOBER 13, 2007
APPROVED BY GOVERNOR OCTOBER 13, 2007
PASSED THE SENATE SEPTEMBER 12, 2007
PASSED THE ASSEMBLY SEPTEMBER 10, 2007
AMENDED IN ASSEMBLY AUGUST 31, 2007
AMENDED IN ASSEMBLY JULY 2, 2007
AMENDED IN ASSEMBLY JUNE 19, 2007
AMENDED IN ASSEMBLY JUNE 13, 2007
AMENDED IN SENATE MARCH 19, 2007
AMENDED IN SENATE MARCH 8, 2007
AMENDED IN SENATE JANUARY 22, 2007
INTRODUCED BY Senator Cedillo
DECEMBER 4, 2006
An act to amend Sections 65582, 65583, and 65589.5 of the
Government Code, relating to local planning.
LEGISLATIVE COUNSEL'S DIGEST
SB 2, Cedillo. Local planning.
(1) The Planning and Zoning Law requires the housing element of
the general plan of a city, county, or city and county to contain,
among other things, an assessment of housing needs, including an
inventory of land suitable for residential development, and a program
with a 5-year schedule of actions that the local government is
undertaking or intends to undertake to implement the goals and
objectives of the housing element. This program is also required to
identify adequate sites with zoning that permits owner-occupied and
multifamily residential use by right, including the development of
farmworker housing for low- and very low income households.
This bill would add emergency shelters to these provisions, as
specified, and would add provisions to the housing element that would
require a local government to identify a zone or zones where
emergency shelters are allowed as a permitted use without a
conditional use or other discretionary permit. The bill would also
authorize a local government to satisfy all or part of this
requirement by adopting and implementing a multijurisdictional
agreement, as specified, and would delete multifamily residential use
from these provisions. By increasing the duties of local public
officials, the bill would create a state-mandated local program.
(2) The Planning and Zoning Law requires that a local agency not
disapprove a housing development project, including farmworker
housing, for very low, low-, or moderate-income households or
condition its approval, including through the use of design review
standards, in a manner that renders the project infeasible for
development for those households unless it makes written findings,
based upon substantial evidence in the record, as to one of a number
of specified conditions.
This bill would add supportive housing, transitional housing, and
emergency shelters to these provisions and would revise the
conditions upon which a disapproval or a conditional approval of an
emergency shelter is based. The bill would define supportive housing
and transitional housing. By increasing the duties of local public
officials, the bill would impose a state-mandated local program.
(3) The bill would also make other technical and conforming
changes to these provisions.
(4) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all of the
following:
(a) Homelessness is a statewide problem that affects many cities
and counties. There are an estimated 360,000 homeless individuals and
families in California. In some counties, like Los Angeles, an
estimated 254,000 men, women, and children experience homelessness
over the course of each year. Some of the causes of homelessness are
mental illness, substance abuse, prison release, and lack of
affordable housing.
(b) Because homelessness affects people of all races, gender, age,
and geographic location there is a growing need for every city and
county to plan for the location of adequate emergency shelters. Many
people experiencing homelessness, primarily youth and single
individuals, need shelter but also have a need for residential
substance abuse and mental health services.
(c) The lack or shortage of emergency shelters for homeless
individuals and families in cities and counties across the state
leads to the concentration of services in inner cities and poor
communities, like the skid row area in downtown Los Angeles.
(d) In order to ensure access to services in every city and county
for homeless individuals and families, it is important that cities
and counties plan for these services to address the special needs and
circumstances of this threatened population.
(e) It is the responsibility of cities and counties to plan and
identify areas for emergency shelters. Cities and counties should
include this as part of their planning process and locate emergency
shelters where most appropriate in their community. The state should
not dictate where these emergency shelters should be located.
(f) It is the responsibility of the Legislature to promote strong
communities and ensure that housing and residential services are
available in all communities.
SEC. 2. Section 65582 of the Government Code is amended to read:
65582. As used in this article, the following definitions apply:
(a) "Community," "locality," "local government," or "jurisdiction"
means a city, city and county, or county.
(b) "Council of governments" means a single or multicounty council
created by a joint powers agreement pursuant to Chapter 5
(commencing with Section 6500) of Division 1 of Title 1.
(c) "Department" means the Department of Housing and Community
Development.
(d) "Emergency shelter" has the same meaning as defined in
subdivision (e) of Section 50801 of the Health and Safety Code.
(e) "Housing element" or "element" means the housing element of
the community's general plan, as required pursuant to this article
and subdivision (c) of Section 65302.
(f) "Supportive housing" has the same meaning as defined in
subdivision (b) of Section 50675.14 of the Health and Safety Code.
(g) "Transitional housing" has the same meaning as defined in
subdivision (h) of Section 50675.2 of the Health and Safety Code.
SEC. 3. Section 65583 of the Government Code is amended to read:
65583. The housing element shall consist of an identification and
analysis of existing and projected housing needs and a statement of
goals, policies, quantified objectives, financial resources, and
scheduled programs for the preservation, improvement, and development
of housing. The housing element shall identify adequate sites for
housing, including rental housing, factory-built housing,
mobilehomes, and emergency shelters, and shall make adequate
provision for the existing and projected needs of all economic
segments of the community. The element shall contain all of the
following:
(a) An assessment of housing needs and an inventory of resources
and constraints relevant to the meeting of these needs. The
assessment and inventory shall include all of the following:
(1) An analysis of population and employment trends and
documentation of projections and a quantification of the locality's
existing and projected housing needs for all income levels, including
extremely low income households, as defined in subdivision (b) of
Section 50105 and Section 50106 of the Health and Safety Code. These
existing and projected needs shall include the locality's share of
the regional housing need in accordance with Section 65584. Local
agencies shall calculate the subset of very low income households
allotted under Section 65584 that qualify as extremely low income
households. The local agency may either use available census data to
calculate the percentage of very low income households that qualify
as extremely low income households or presume that 50 percent of the
very low income households qualify as extremely low income
households. The number of extremely low income households and very
low income households shall equal the jurisdiction's allocation of
very low income households pursuant to Section 65584.
(2) An analysis and documentation of household characteristics,
including level of payment compared to ability to pay, housing
characteristics, including overcrowding, and housing stock condition.
(3) An inventory of land suitable for residential development,
including vacant sites and sites having potential for redevelopment,
and an analysis of the relationship of zoning and public facilities
and services to these sites.
(4) (A) The identification of a zone or zones where emergency
shelters are allowed as a permitted use without a conditional use or
other discretionary permit. The identified zone or zones shall
include sufficient capacity to accommodate the need for emergency
shelter identified in paragraph (7), except that each local
government shall identify a zone or zones that can accommodate at
least one year-round emergency shelter. If the local government
cannot identify a zone or zones with sufficient capacity, the local
government shall include a program to amend its zoning ordinance to
meet the requirements of this paragraph within one year of the
adoption of the housing element. The local government may identify
additional zones where emergency shelters are permitted with a
conditional use permit. The local government shall also demonstrate
that existing or proposed permit processing, development, and
management standards are objective and encourage and facilitate the
development of, or conversion to, emergency shelters. Emergency
shelters may only be subject to those development and management
standards that apply to residential or commercial development within
the same zone except that a local government may apply written,
objective standards that include all of the following:
(i) The maximum number of beds or persons permitted to be served
nightly by the facility.
(ii) Off-street parking based upon demonstrated need, provided
that the standards do not require more parking for emergency shelters
than for other residential or commercial uses within the same zone.
(iii) The size and location of exterior and interior onsite
waiting and client intake areas.
(iv) The provision of onsite management.
(v) The proximity to other emergency shelters, provided that
emergency shelters are not required to be more than 300 feet apart.
(vi) The length of stay.
(vii) Lighting.
(viii) Security during hours that the emergency shelter is in
operation.
(B) The permit processing, development, and management standards
applied under this paragraph shall not be deemed to be discretionary
acts within the meaning of the California Environmental Quality Act
(Division 13 (commencing with Section 21000) of the Public Resources
Code).
(C) A local government that can demonstrate to the satisfaction of
the department the existence of one or more emergency shelters
either within its jurisdiction or pursuant to a multijurisdictional
agreement that can accommodate that jurisdiction's need for emergency
shelter identified in paragraph (7) may comply with the zoning
requirements of subparagraph (A) by identifying a zone or zones where
new emergency shelters are allowed with a conditional use permit.
(D) A local government with an existing ordinance or ordinances
that comply with this paragraph shall not be required to take
additional action to identify zones for emergency shelters. The
housing element must only describe how existing ordinances, policies,
and standards are consistent with the requirements of this
paragraph.
(5) An analysis of potential and actual governmental constraints
upon the maintenance, improvement, or development of housing for all
income levels, including the types of housing identified in paragraph
(1) of subdivision (c), and for persons with disabilities as
identified in the analysis pursuant to paragraph (6), including land
use controls, building codes and their enforcement, site
improvements, fees and other exactions required of developers, and
local processing and permit procedures. The analysis shall also
demonstrate local efforts to remove governmental constraints that
hinder the locality from meeting its share of the regional housing
need in accordance with Section 65584 and from meeting the need for
housing for persons with disabilities, supportive housing,
transitional housing, and emergency shelters identified pursuant to
paragraph (6). Transitional housing and supportive housing shall be
considered a residential use of property, and shall be subject only
to those restrictions that apply to other residential dwellings of
the same type in the same zone.
(6) An analysis of potential and actual nongovernmental
constraints upon the maintenance, improvement, or development of
housing for all income levels, including the availability of
financing, the price of land, and the cost of construction.
(7) An analysis of any special housing needs, such as those of the
elderly, persons with disabilities, large families, farmworkers,
families with female heads of households, and families and persons in
need of emergency shelter. The need for emergency shelter shall be
assessed based on annual and seasonal need. The need for emergency
shelter may be reduced by the number of supportive housing units that
are identified in an adopted 10-year plan to end chronic
homelessness and that are either vacant or for which funding has been
identified to allow construction during the planning period.
(8) An analysis of opportunities for energy conservation with
respect to residential development.
(9) An analysis of existing assisted housing developments that are
eligible to change from low-income housing uses during the next 10
years due to termination of subsidy contracts, mortgage prepayment,
or expiration of restrictions on use. "Assisted housing developments,"
for the purpose of this section, shall mean multifamily rental
housing that receives governmental assistance under federal programs
listed in subdivision (a) of Section 65863.10, state and local
multifamily revenue bond programs, local redevelopment programs, the
federal Community Development Block Grant Program, or local in-lieu
fees. "Assisted housing developments" shall also include multifamily
rental units that were developed pursuant to a local inclusionary
housing program or used to qualify for a density bonus pursuant to
Section 65916.
(A) The analysis shall include a listing of each development by
project name and address, the type of governmental assistance
received, the earliest possible date of change from low-income use
and the total number of elderly and nonelderly units that could be
lost from the locality's low-income housing stock in each year during
the 10-year period. For purposes of state and federally funded
projects, the analysis required by this subparagraph need only
contain information available on a statewide basis.
(B) The analysis shall estimate the total cost of producing new
rental housing that is comparable in size and rent levels, to replace
the units that could change from low-income use, and an estimated
cost of preserving the assisted housing developments. This cost
analysis for replacement housing may be done aggregately for each
five-year period and does not have to contain a project-by-project
cost estimate.
(C) The analysis shall identify public and private nonprofit
corporations known to the local government which have legal and
managerial capacity to acquire and manage these housing developments.
(D) The analysis shall identify and consider the use of all
federal, state, and local financing and subsidy programs which can be
used to preserve, for lower income households, the assisted housing
developments, identified in this paragraph, including, but not
limited to, federal Community Development Block Grant Program funds,
tax increment funds received by a redevelopment agency of the
community, and administrative fees received by a housing authority
operating within the community. In considering the use of these
financing and subsidy programs, the analysis shall identify the
amounts of funds under each available program which have not been
legally obligated for other purposes and which could be available for
use in preserving assisted housing developments.
(b) (1) A statement of the community's goals, quantified
objectives, and policies relative to the maintenance, preservation,
improvement, and development of housing.
(2) It is recognized that the total housing needs identified
pursuant to subdivision (a) may exceed available resources and the
community's ability to satisfy this need within the content of the
general plan requirements outlined in Article 5 (commencing with
Section 65300). Under these circumstances, the quantified objectives
need not be identical to the total housing needs. The quantified
objectives shall establish the maximum number of housing units by
income category, including extremely low income, that can be
constructed, rehabilitated, and conserved over a five-year time
period.
(c) A program which sets forth a five-year schedule of actions the
local government is undertaking or intends to undertake to implement
the policies and achieve the goals and objectives of the housing
element through the administration of land use and development
controls, the provision of regulatory concessions and incentives, and
the utilization of appropriate federal and state financing and
subsidy programs when available and the utilization of moneys in a
low- and moderate-income housing fund of an agency if the locality
has established a redevelopment project area pursuant to the
Community Redevelopment Law (Division 24 (commencing with Section
33000) of the Health and Safety Code). In order to make adequate
provision for the housing needs of all economic segments of the
community, the program shall do all of the following:
(1) Identify actions that will be taken to make sites available
during the planning period of the general plan with appropriate
zoning and development standards and with services and facilities to
accommodate that portion of the city's or county's share of the
regional housing need for each income level that could not be
accommodated on sites identified in the inventory completed pursuant
to paragraph (3) of subdivision (a) without rezoning, and to comply
with the requirements of Section 65584.09. Sites shall be identified
as needed to facilitate and encourage the development of a variety of
types of housing for all income levels, including multifamily rental
housing, factory-built housing, mobilehomes, housing for
agricultural employees, supportive housing, single-room occupancy
units, emergency shelters, and transitional housing.
(A) Where the inventory of sites, pursuant to paragraph (3) of
subdivision (a), does not identify adequate sites to accommodate the
need for groups of all household income levels pursuant to Section
65584, the program shall identify sites that can be developed for
housing within the planning period pursuant to subdivision (h) of
Section 65583.2.
(B) Where the inventory of sites pursuant to paragraph (3) of
subdivision (a) does not identify adequate sites to accommodate the
need for farmworker housing, the program shall provide for sufficient
sites to meet the need with zoning that permits farmworker housing
use by right, including density and development standards that could
accommodate and facilitate the feasibility of the development of
farmworker housing for low- and very low income households.
(2) Assist in the development of adequate housing to meet the
needs of extremely low, very low, low-, and moderate-income
households.
(3) Address and, where appropriate and legally possible, remove
governmental constraints to the maintenance, improvement, and
development of housing, including housing for all income levels and
housing for persons with disabilities. The program shall remove
constraints to, and provide reasonable accommodations for housing
designed for, intended for occupancy by, or with supportive services
for, persons with disabilities.
(4) Conserve and improve the condition of the existing affordable
housing stock, which may include addressing ways to mitigate the loss
of dwelling units demolished by public or private action.
(5) Promote housing opportunities for all persons regardless of
race, religion, sex, marital status, ancestry, national origin,
color, familial status, or disability.
(6) Preserve for lower income households the assisted housing
developments identified pursuant to paragraph (9) of subdivision (a).
The program for preservation of the assisted housing developments
shall utilize, to the extent necessary, all available federal, state,
and local financing and subsidy programs identified in paragraph (9)
of subdivision (a), except where a community has other urgent needs
for which alternative funding sources are not available. The program
may include strategies that involve local regulation and technical
assistance.
(7) The program shall include an identification of the agencies
and officials responsible for the implementation of the various
actions and the means by which consistency will be achieved with
other general plan elements and community goals. The local government
shall make a diligent effort to achieve public participation of all
economic segments of the community in the development of the housing
element, and the program shall describe this effort.
(d) (1) A local government may satisfy all or part of its
requirement to identify a zone or zones suitable for the development
of emergency shelters pursuant to paragraph (4) of subdivision (a) by
adopting and implementing a multijurisdictional agreement, with a
maximum of two other adjacent communities, that requires the
participating jurisdictions to develop at least one year-round
emergency shelter within two years of the beginning of the planning
period.
(2) The agreement shall allocate a portion of the new shelter
capacity to each jurisdiction as credit towards its emergency shelter
need, and each jurisdiction shall describe how the capacity was
allocated as part of its housing element.
(3) Each member jurisdiction of a multijurisdictional agreement
shall describe in its housing element all of the following:
(A) How the joint facility will meet the jurisdiction's emergency
shelter need.
(B) The jurisdiction's contribution to the facility for both the
development and ongoing operation and management of the facility.
(C) The amount and source of the funding that the jurisdiction
contributes to the facility.
(4) The aggregate capacity claimed by the participating
jurisdictions in their housing elements shall not exceed the actual
capacity of the shelter.
(e) Except as otherwise provided in this article, amendments to
this article that alter the required content of a housing element
shall apply to both of the following:
(1) A housing element or housing element amendment prepared
pursuant to subdivision (e) of Section 65588 or Section 65584.02,
when a city, county, or city and county submits a draft to the
department for review pursuant to Section 65585 more than 90 days
after the effective date of the amendment to this section.
(2) Any housing element or housing element amendment prepared
pursuant to subdivision (e) of Section 65588 or Section 65584.02,
when the city, county, or city and county fails to submit the first
draft to the department before the due date specified in Section
65588 or 65584.02.
SEC. 4. Section 65589.5 of the Government Code is amended to read:
65589.5. (a) The Legislature finds and declares all of the
following:
(1) The lack of housing, including emergency shelters, is a
critical problem that threatens the economic, environmental, and
social quality of life in California.
(2) California housing has become the most expensive in the
nation. The excessive cost of the state's housing supply is partially
caused by activities and policies of many local governments that
limit the approval of housing, increase the cost of land for housing,
and require that high fees and exactions be paid by producers of
housing.
(3) Among the consequences of those actions are discrimination
against low-income and minority households, lack of housing to
support employment growth, imbalance in jobs and housing, reduced
mobility, urban sprawl, excessive commuting, and air quality
deterioration.
(4) Many local governments do not give adequate attention to the
economic, environmental, and social costs of decisions that result in
disapproval of housing projects, reduction in density of housing
projects, and excessive standards for housing projects.
(b) It is the policy of the state that a local government not
reject or make infeasible housing developments, including emergency
shelters, that contribute to meeting the need determined pursuant to
this article without a thorough analysis of the economic, social, and
environmental effects of the action and without complying with
subdivision (d).
(c) The Legislature also recognizes that premature and unnecessary
development of agricultural lands for urban uses continues to have
adverse effects on the availability of those lands for food and fiber
production and on the economy of the state. Furthermore, it is the
policy of the state that development should be guided away from prime
agricultural lands; therefore, in implementing this section, local
jurisdictions should encourage, to the maximum extent practicable, in
filling existing urban areas.
(d) A local agency shall not disapprove a housing development
project, including farmworker housing as defined in subdivision (d)
of Section 50199.50 of the Health and Safety Code, for very low,
low-, or moderate-income households, or an emergency shelter, or
condition approval in a manner that renders the project infeasible
for development for the use of very low, low-, or moderate-income
households, or an emergency shelter, including through the use of
design review standards, unless it makes written findings, based upon
substantial evidence in the record, as to one of the following:
(1) The jurisdiction has adopted a housing element pursuant to
this article that has been revised in accordance with Section 65588,
is in substantial compliance with this article, and the jurisdiction
has met or exceeded its share of the regional housing need allocation
pursuant to Section 65584 for the planning period for the income
category proposed for the housing development project, provided that
any disapproval or conditional approval shall not be based on any of
the reasons prohibited by Section 65008. If the housing development
project includes a mix of income categories, and the jurisdiction has
not met or exceeded its share of the regional housing need for one
or more of those categories, then this paragraph shall not be used to
disapprove or conditionally approve the project. The share of the
regional housing need met by the jurisdiction shall be calculated
consistently with the forms and definitions that may be adopted by
the Department of Housing and Community Development pursuant to
Section 65400. In the case of an emergency shelter, the jurisdiction
shall have met or exceeded the need for emergency shelter, as
identified pursuant to paragraph (7) of subdivision (a) of Section
65583. Any disapproval or conditional approval pursuant to this
paragraph shall be in accordance with applicable law, rule, or
standards.
(2) The development project or emergency shelter as proposed would
have a specific, adverse impact upon the public health or safety,
and there is no feasible method to satisfactorily mitigate or avoid
the specific adverse impact without rendering the development
unaffordable to low- and moderate-income households or rendering the
development of the emergency shelter financially infeasible. As used
in this paragraph, a "specific, adverse impact" means a significant,
quantifiable, direct, and unavoidable impact, based on objective,
identified written public health or safety standards, policies, or
conditions as they existed on the date the application was deemed
complete. Inconsistency with the zoning ordinance or general plan
land use designation shall not constitute a specific, adverse impact
upon the public health or safety.
(3) The denial of the project or imposition of conditions is
required in order to comply with specific state or federal law, and
there is no feasible method to comply without rendering the
development unaffordable to low- and moderate-income households or
rendering the development of the emergency shelter financially
infeasible.
(4) The development project or emergency shelter is proposed on
land zoned for agriculture or resource preservation that is
surrounded on at least two sides by land being used for agricultural
or resource preservation purposes, or which does not have adequate
water or wastewater facilities to serve the project.
(5) The development project or emergency shelter is 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, and the
jurisdiction has adopted a revised housing element in accordance with
Section 65588 that is in substantial compliance with this article.
(A) This paragraph cannot be utilized to disapprove or
conditionally approve a housing development project if the
development project is proposed on a site that is identified as
suitable or available for very low, low-, or moderate-income
households in the jurisdiction's housing element, and consistent with
the density specified in the housing element, even though it is
inconsistent with both the jurisdiction's zoning ordinance and
general plan land use designation.
(B) If the local agency has failed to identify in the inventory of
land in its housing element sites that can be developed for housing
within the planning
period and that are sufficient to provide for the jurisdiction's
share of the regional housing need for all income levels pursuant to
Section 65584, then this paragraph shall not be utilized to
disapprove or conditionally approve a housing development project
proposed for a site designated in any element of the general plan for
residential uses or designated in any element of the general plan
for commercial uses if residential uses are permitted or
conditionally permitted within commercial designations. In any action
in court, the burden of proof shall be on the local agency to show
that its housing element does identify adequate sites with
appropriate zoning and development standards and with services and
facilities to accommodate the local agency's share of the regional
housing need for the very low and low-income categories.
(C) If the local agency has failed to identify a zone or zones
where emergency shelters are allowed as a permitted use without a
conditional use or other discretionary permit, has failed to
demonstrate that the identified zone or zones include sufficient
capacity to accommodate the need for emergency shelter identified in
paragraph (7) of subdivision (a) of Section 65583, or has failed to
demonstrate that the identified zone or zones can accommodate at
least one emergency shelter, as required by paragraph (4) of
subdivision (a) of Section 65583, then this paragraph shall not be
utilized to disapprove or conditionally approve an emergency shelter
proposed for a site designated in any element of the general plan for
industrial, commercial, or multifamily residential uses. In any
action in court, the burden of proof shall be on the local agency to
show that its housing element does satisfy the requirements of
paragraph (4) of subdivision (a) of Section 65583.
(e) Nothing in this section shall be construed to relieve the
local agency from complying with the Congestion Management Program
required by Chapter 2.6 (commencing with Section 65088) of Division 1
of Title 7 or the California Coastal Act (Division 20 (commencing
with Section 30000) of the Public Resources Code). Neither shall
anything in this section be construed to relieve the local agency
from making one or more of the findings required pursuant to Section
21081 of the Public Resources Code or otherwise complying with the
California Environmental Quality Act (Division 13 (commencing with
Section 21000) of the Public Resources Code).
(f) (1) Nothing in this section shall be construed to prohibit a
local agency from requiring the 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 pursuant to Section
65584. However, the development standards, conditions, and policies
shall be applied to facilitate and accommodate development at the
density permitted on the site and proposed by the development.
(2) Nothing in this section shall be construed to prohibit a local
agency from requiring an emergency shelter project to comply with
objective, quantifiable, written development standards, conditions,
and policies that are consistent with paragraph (4) of subdivision
(a) of Section 65583 and appropriate to, and consistent with, meeting
the jurisdiction's need for emergency shelter, as identified
pursuant to paragraph (7) of subdivision (a) of Section 65583.
However, the development standards, conditions, and policies shall be
applied by the local agency to facilitate and accommodate the
development of the emergency shelter project.
(3) This section does not prohibit a local agency from imposing
fees and other exactions otherwise authorized by law that are
essential to provide necessary public services and facilities to the
development project or emergency shelter.
(g) This section shall be applicable to charter cities because the
Legislature finds that the lack of housing, including emergency
shelter, is a critical statewide problem.
(h) The following definitions apply for the purposes of this
section:
(1) "Feasible" means capable of being accomplished in a successful
manner within a reasonable period of time, taking into account
economic, environmental, social, and technological factors.
(2) "Housing development project" means a use consisting of any of
the following:
(A) Residential units only.
(B) Mixed-use developments consisting of residential and
nonresidential uses in which nonresidential uses are limited to
neighborhood commercial uses and to the first floor of buildings that
are two or more stories. As used in this paragraph, "neighborhood
commercial" means small-scale general or specialty stores that
furnish goods and services primarily to residents of the
neighborhood.
(C) Transitional housing or supportive housing.
(3) "Housing for very low, low-, or moderate-income households"
means that either (A) at least 20 percent of the total units shall be
sold or rented to lower income households, as defined in Section
50079.5 of the Health and Safety Code, or (B) 100 percent of the
units shall be sold or rented to moderate-income households as
defined in Section 50093 of the Health and Safety Code, or
middle-income households, as defined in Section 65008 of this code.
Housing units targeted for lower income households shall be made
available at a monthly housing cost that does not exceed 30 percent
of 60 percent of area median income with adjustments for household
size made in accordance with the adjustment factors on which the
lower income eligibility limits are based. Housing units targeted for
persons and families of moderate income shall be made available at a
monthly housing cost that does not exceed 30 percent of 100 percent
of area median income with adjustments for household size made in
accordance with the adjustment factors on which the moderate-income
eligibility limits are based.
(4) "Area median income" means area median income as periodically
established by the Department of Housing and Community Development
pursuant to Section 50093 of the Health and Safety Code. The
developer shall provide sufficient legal commitments to ensure
continued availability of units for very low or low-income households
in accordance with the provisions of this subdivision for 30 years.
(5) "Disapprove the development project" includes any instance in
which a local agency does either of the following:
(A) Votes on a proposed housing development project application
and the application is disapproved.
(B) Fails to comply with the time periods specified in
subparagraph (B) of paragraph (1) of subdivision (a) of Section
65950. An extension of time pursuant to Article 5 (commencing with
Section 65950) shall be deemed to be an extension of time pursuant to
this paragraph.
(i) If any city, county, or city and county denies approval or
imposes restrictions, including design changes, a reduction of
allowable densities or the percentage of a lot that may be occupied
by a building or structure under the applicable planning and zoning
in force at the time the application is deemed complete pursuant to
Section 65943, that have a substantial adverse effect on the
viability or affordability of a housing development for very low,
low-, or moderate-income households, and the denial of the
development or the imposition of restrictions on the development is
the subject of a court action which challenges the denial, then the
burden of proof shall be on the local legislative body to show that
its decision is consistent with the findings as described in
subdivision (d) and that the findings are supported by substantial
evidence in the record.
(j) When a proposed housing development project complies with
applicable, objective general plan and zoning standards and criteria,
including design review standards, in effect at the time that the
housing development project's application is determined to be
complete, but the local agency proposes to disapprove the project or
to approve it upon the condition that the project be developed at a
lower density, the local agency shall base its decision regarding the
proposed housing development project upon written findings supported
by substantial evidence on the record that both of the following
conditions exist:
(1) The housing development project would have a specific, adverse
impact upon the public health or safety unless the project is
disapproved or approved upon the condition that the project be
developed at a lower density. As used in this paragraph, a "specific,
adverse impact" means a significant, quantifiable, direct, and
unavoidable impact, based on objective, identified written public
health or safety standards, policies, or conditions as they existed
on the date the application was deemed complete.
(2) There is no feasible method to satisfactorily mitigate or
avoid the adverse impact identified pursuant to paragraph (1), other
than the disapproval of the housing development project or the
approval of the project upon the condition that it be developed at a
lower density.
(k) The applicant or any person who would be eligible to apply for
residency in the development or emergency shelter may bring an
action to enforce this section. If in any action brought to enforce
the provisions of this section, a court finds that the local agency
disapproved a project or conditioned its approval in a manner
rendering it infeasible for the development of an emergency shelter,
or housing for very low, low-, or moderate-income households,
including farmworker housing, without making the findings required by
this section or without making sufficient findings supported by
substantial evidence, the court shall issue an order or judgment
compelling compliance with this section within 60 days, including,
but not limited to, an order that the local agency take action on the
development project or emergency shelter. The court shall retain
jurisdiction to ensure that its order or judgment is carried out and
shall award reasonable attorney's fees and costs of suit to the
plaintiff or petitioner who proposed the housing development or
emergency shelter, except under extraordinary circumstances in which
the court finds that awarding fees would not further the purposes of
this section. If the court determines that its order or judgment has
not been carried out within 60 days, the court may issue further
orders as provided by law to ensure that the purposes and policies of
this section are fulfilled, including, but not limited to, an order
to vacate the decision of the local agency, in which case the
application for the project, as constituted at the time the local
agency took the initial action determined to be in violation of this
section, along with any standard conditions determined by the court
to be generally imposed by the local agency on similar projects,
shall be deemed approved unless the applicant consents to a different
decision or action by the local agency.
(l) If the court finds that the local agency (1) acted in bad
faith when it disapproved or conditionally approved the housing
development or emergency shelter in violation of this section and (2)
failed to carry out the court's order or judgment within 60 days as
described in subdivision (k), the court in addition to any other
remedies provided by this section, may impose fines upon the local
agency that the local agency shall be required to deposit into a
housing trust fund. Fines shall not be paid from funds that are
already dedicated for affordable housing, including, but not limited
to, redevelopment or low- and moderate-income housing funds and
federal HOME and CDBG funds. The local agency shall commit the money
in the trust fund within five years for the sole purpose of financing
newly constructed housing units affordable to extremely low, very
low, or low-income households. For purposes of this section, "bad
faith" shall mean an action that is frivolous or otherwise entirely
without merit.
(m) Any action brought to enforce the provisions of this section
shall be brought pursuant to Section 1094.5 of the Code of Civil
Procedure, and the local agency shall prepare and certify the record
of proceedings in accordance with subdivision (c) of Section 1094.6
of the Code of Civil Procedure no later than 30 days after the
petition is served, provided that the cost of preparation of the
record shall be borne by the local agency. Upon entry of the trial
court's order, a party shall, in order to obtain appellate review of
the order, file a petition within 20 days after service upon it of a
written notice of the entry of the order, or within such further time
not exceeding an additional 20 days as the trial court may for good
cause allow. If the local agency appeals the judgment of the trial
court, the local agency shall post a bond, in an amount to be
determined by the court, to the benefit of the plaintiff if the
plaintiff is the project applicant.
(n) In any action, the record of the proceedings before the local
agency shall be filed as expeditiously as possible and,
notwithstanding Section 1094.6 of the Code of Civil Procedure or
subdivision (m) of this section, all or part of the record may be
prepared (1) by the petitioner with the petition or petitioner's
points and authorities, (2) by the respondent with respondent's
points and authorities, (3) after payment of costs by the petitioner,
or (4) as otherwise directed by the court. If the expense of
preparing the record has been borne by the petitioner and the
petitioner is the prevailing party, the expense shall be taxable as
costs.
(o) This section shall be known, and may be cited, as the Housing
Accountability Act.
SEC. 5. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because a
local agency or school district has the authority to levy service
charges, fees, or assessments sufficient to pay for the program or
level of service mandated by this act, within the meaning of Section
17556 of the Government Code.