HomeMy WebLinkAboutAgenda Report - February 19, 2020 C-08AGENDA ITEM
CITY OF LODI
COUNCIL COMMUNICATION
TM
AGENDA TITLE: Receive Report Regarding Communication Pertaining to Senate Bill 50 (Wiener)
Planning and Zoning, Housing Development Incentives
MEETING DATE:
PREPARED BY:
February 19, 2020
City Clerk
RECOMMENDED ACTION: Receive report regarding communication pertaining to Senate Bill 50
(Wiener) Planning and Zoning, Housing Development Incentives.
BACKGROUND INFORMATION: The City received a request for communication from the League of
California Cities regarding SB 50 (Wiener) Planning and Zoning,
Housing Development Incentives. There was a need to send a letter
of opposition immediately in light of a pending hearing.
SB 50, as amended on January 6, 2020, would allow developers of certain types of housing projects to
override locally developed and adopted height limitations, housing densities, and parking requirements;
would require all cities to allow up to fourplexes in single-family neighborhoods; and would allow the
Office of Planning and Research and the Department of Housing and Community Development to craft
rules, regulations, and guidelines with little to no public input or oversight.
The attached letter, electronically signed by the Mayor, was sent on January 28, 2020. A copy of the
initial request, along with the text of the bill, is also attached. This report is provided for informational
purposes only, pursuant to policy.
FISCAL IMPACT: Not applicable.
FUNDING AVAILABLE: Not applicable.
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Pamela M. Farris
Assistant City Clerk
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CITY COUNCIL
DOUG KUEHNE, Mayor
ALAN NAKANISHI,
Mayor Pro Tempore
MARK CHANDLER
BOB JOHNSON
CITY OF L OD I
2015 "Wine Region of the Year"
CITY HALL, 221 WEST PINE STREET
P.O. BOX 3006
JOANNE MOUNCE LODI, CALIFORNIA 95241-1910
(209) 333-6702 / FAX (209) 333-6807
www.lodi.gov cityclerk(@Iodi.gov
January 28, 2020
The Honorable Scott Wiener
Senator, California State Senate
State Capitol Building, Room 5100
Sacramento, CA 95814
STEPHEN SCHWABAUER
City Manager
PAMELA M. FARRIS
Assistant City Clerk
RE: SB 50 (Wiener) Planning and Zoning. Housing Development Incentives
Oppose Unless Amended (as amended 01/06/2020)
Dear Senator Wiener:
JANICE D. MAGDICH
City Attorney
The City of Lodi must continue to oppose SB 50 unless the measure is further amended
to address our key concerns. The amendments taken on January 6, 2020 do not take
into account our primary objections to SB 50. However, City of Lodi is pleased to see
that recent amendments attempt to create an alternative planning process for
jurisdictions to develop a "local flexibility plan" that, if approved by the California
Department of Housing and Community Development (HCD), would exempt cities from
nearly all aspects of SB 50 with the exception of requiring fourplexes in single-family
zones. Unfortunately, we cannot evaluate whether the "local flexibility plan" is a viable
alternative because the amendments do not clearly identify the elements of the plan.
Specific Concerns with the January 6, 2020 Amendments
It appears that the intent of the amendments are to provide local governments with an
opportunity to develop their own plan to meet the goals and objectives of SB 50.
Although the goal of increased density around transit is clear; the goal of the bill
regarding a jobs -rich housing project is not.
The amendments, as drafted, raise the following concerns:
• Without clearly identified criteria, we are unable to evaluate whether the
"local flexibility plan" is actually a viable alternative planning option.
OPR and HCD are tasked with developing "rules, regulations, or guidelines"
for the submission and approval of a "local flexibility plan" without sufficient
direction from the Legislature. This rulemaking process is exempt from the
Administrative Procedures Act, thus allowing the Office of Planning and Research
(OPR) and HCD to craft rules, regulations, or guidelines with little to no public
input or oversight.
The elements of the plan are not clear: Further Legislative direction is
required.
o "Achieve a standard of transportation efficiency as great as or greater than
if the local government were to grant equitable communities incentives."
SB 50 does not contain any language regarding "transportation efficiency."
Therefore, it is not possible to determine how HCD, OPR, or a local
government will determine how to meet this standard or how a "local
flexibility plan" is expected to comply with this standard.
o "Increase overall feasible housing capacity for households of lower,
moderate, and above moderate incomes, considering economic factors
such as cost of likely construction types, affordable housing requirements,
and the impact of local development fees." The override provisions of
SB 50 do not contain any language regarding "feasible housing capacity
for households of lower, moderate, and above moderate incomes," nor do
they address "economic factors such as cost of likely construction types,
affordable housing requirements, and the impact of local development
fees." Therefore, it is not possible to determine how HCD, OPR, or a local
government will determine how to meet this standard or how a "local
flexibility plan" is expected to comply with this standard.
o SB 50's "community plan" for sensitive communities provides a much
clearer alternative and should be considered as a possible alternative
planning process for all jurisdictions.
For these reasons, the City of Lodi opposes SB 50 unless amended.
Sincerely,
/s/ �6uy C K,,hw
Doug Kuehne
Mayor, City of Lodi
cc: Senator Cathleen Galgiani, Fax: (916) 651-4905
Assemblymember Jim Cooper, Fax: (916) 319-2109
Stephen Qualls, League of California Cities, sgualls(cDcacities.org
Meg Desmond, League of California Cities, cityletters(cDcacities.org
ACTION ALERT!!
SB 50 (Wiener)
Planning and Zoning.
Housing Development Incentives.
OPPOSE UNLESS AMENDED
Background: California is a geographically and demographically diverse state, and that is
reflected in its 482 cities and 58 counties. Local elected officials are charged by the California
Constitution with protecting their citizens' welfare. One chief way local governments do this is by
exercising control over what gets built in their community. Local officials weigh the need for
additional housing against the concerns and desires of their constituents. Where appropriate,
those officials enact ordinances to shape their communities based on local conditions and
desires. Moreover, these planning actions and decisions take place within the confines of state
laws that require local governments to plan and zone for new housing, subject to approval by
the California Department of Housing and Community Development (HCD), and under threat of
fines for improper denial as a result of recent legislation.
What Does SB 50 Specifically Do?
• Recent amendments attempt to create an alternative planning process for
jurisdictions to develop a "local flexibility plan" that, if approved by HCD, would exempt
cities from nearly all aspects of SB 50 with the exception of requiring fourplexes in
single-family zones. Unfortunately given the lack of clarity and legislative direction, we
can't evaluate whether the "local flexibility plan" is a viable alternative.
Wastes time and money. SB 50 would greatly undermine locally adopted General
Plans, Housing Elements (which are certified by HCD, and Sustainable Community
Strategies (SCS). By allowing developers to override state approved housing plans, SB
50 seriously calls to question the need for cities to develop these community based
plans and the justification for spending millions of state and local funds on the planning
process.
Gives away planning and zoning decisions to developers and transit agencies,
who are unaccountable to local voters. Housing developers and transit agencies
would have the power to determine housing densities, heights up to 55 feet, parking
requirements, and design review standards for "transit -rich housing projects" within one-
half mile of a major transit stop. For those "transit -rich housing projects" within one-
quarter mile radius of a stop on a high-quality bus corridor, developers would be able to
determine housing density, and parking requirements above .5 spots per unit.
• Creates difficult to define terms. As presently drafted, it is very difficult to determine
what constitutes a "jobs -rich area" since the HCD and the Office of Planning and
Research (OPR) are largely tasked with making that determination.
• Provides greater density and no transportation solutions. SB 50 would require cities
to allow greater density in communities that are high opportunity and jobs rich, but may
lack access to public transit. This seems at odds with many state policies that encourage
and incentivize more dense housing near transit so that individuals may become less
dependent on automobiles.
Creates arbitrary and unfair exemptions. SB 50 allows small cities in small counties
to be exempt from the most extreme provisions. Shouldn't all jurisdictions have the
ability to have a community -led planning process that takes into account local needs and
input as long as state objectives are still met? Instead of arbitrarily establishing a
population metric, wouldn't it be much more appropriate to consider the full range of
community characteristics when determining which areas of the state SB 50 should
apply.
ACTION:
SB 50 will be heard by the Senate Appropriations Committee next Thursday, Jan. 23rd. All
Senators need to hear from their cities, however, if you have a Senator on the Senate
Appropriations Committee (roster below), please CALL them and voice your OPPOSITION
as soon as possible.
Requested Actions:
1) If you have a member on the Senate Appropriations Committee, please CALL
them as soon as possible. Talking points included below.
This bill will be heard on Jan. 23rd. The Appropriations Committee does not register
letters of support or opposition.
SENATE APPROPRIATIONS
Member
District
Room
Phone
Bates, Patricia (Vice -Chair)
36
3048
916 651 4036
Bradford, Steven
35
2059
916 651 4035
Hill, Jerry
13
5035
916 651 4013
Jones, Brian
38
4088
916 651 4038
Portantino, Anthony (Chair)
25
3086
916 651 4025
Wieckowski, Bob
10
4085
916 651 4010
2) Every Senator needs to hear from their cities, please voice your city's concerns by
sending a letter to Senator Wiener. Please be sure to copy your Senator on the letter.
Sample letter attached.
You can find your Legislator's contact information here: http://findyourrep.legislature.ca.gov/.
Talking Points:
• Despite recent amendments, the CITY/TOWN of unfortunately must remain
opposed to SB 50 unless it is further amended.
• The CITY/TOWN of is pleased to see that recent amendments attempt to create
an alternative planning process for jurisdictions to develop a "local flexibility plan."
Unfortunately we can't evaluate whether the "local flexibility plan" is a viable alternative
because the amendments do not clearly identify the elements of the plan.
• Additionally, it is unclear why some cities should be treated differently just because they
happen to have a population less than 50,000 and are also in a county with a population
less than 600,000. It would be much more appropriate to consider the full range of
community characteristics when determining which areas of the state SB 50 should
apply.
• By allowing developers to override state approved housing plans, SB 50 seriously calls
to question the need for cities to develop these community based plans and the
justification for spending millions of state and local funds on the planning process.
• Why would the Legislature pass a bill that encourages developers to defy state approved
housing plans and essentially waste millions of taxpayer dollars?
By not defining "jobs -rich area" in statute, there is no way of knowing if SB 50 will
actually accomplish its stated goal. It is hard to understand why the Legislature would
want the Executive Branch to define essential terms that have broad implications for how
SB 50 would be implemented.
Outline of SB 50 (Wiener) Planning and Zonings. Housing Development Incentives.
As Amended 01/06/2020
Key Elements of SB 50 as Amended 01/06/2020
o Allows developers of certain types of housing projects to override locally developed and
adopted height limitations, housing densities, and parking requirements. These overrides are
called "equitable communities incentives (ECI)." [Please see pages 2-3 for more detail].
o SB 50's requirements are applied differently based on city population and the population of the
county in which the city is located.
o Requires all cities to allow up to fourplexes in single-family neighborhoods through a
streamlined, ministerial approval process unless project would have specific, adverse impact
upon public health or safety.
o Allows "sensitive communities" identified by councils of governments to develop a community
plan, as prescribed, and not be required to grant an ECI as long as the "community plan"
achieves similar objectives and goals.
o Allows cities to develop a HCD-approved "local flexibility plan", as an alternative to the
requirements in SB 50.
The "Local Flexibilitv Plan:" Amendments adoated on January 6. 2020
The amendments offer an alternative: Cities and counties can adopt a "local flexibility plan" approved
by HCD by January 1, 2023 or be required to grant ECI overrides of density, height and parking) of SB 50.
A "local flexibility plan" submitted on or after July 1, 2021 to HCD, must do all of the following:
• Affirmatively further fair housing, as that term is defined in Section 8899.50, to an extent as
great or greater than if the local government were to grant an ECI.
• Achieve a standard of transportation efficiency as great or greater than if the local government
were to grant an ECI.
Increase overall feasible housing capacity for households of lower, moderate, and above
moderate incomes, considering economic factors such as cost of likely construction types,
affordable housing requirements, and the impact of local development fees.
On or before July 1, 2021, OPR, in consultation with HCD, will develop guidelines for the submission and
approval of a local flexibility plan. Rules, regulations and guidelines may be adopted with limited public
process.
A local flexibility plan is an alternative to granting an ECI. A local flexibility plan does not exempt a city
from ministerial approval of a fourplex in a single-family zone.
Comments Regarding the Amendments Adopted on January 6, 2020
• It appears that the intent of the amendments is to provide local governments with an
opportunity to develop their own plans to meet the goals and objectives of SB 50.
Unfortunately, the amendments, as drafted, raise the following concerns:
o OPR and HCD are tasked with developing "rules, regulations, or guidelines for the
submission and approval of a local flexibility plan" without sufficient Legislative
direction. This rulemaking process is exempt from the Administrative Procedures Act,
thus allowing OPR and HCD to craft rules, regulations, or guidelines with little to no
public input or oversight.
o The elements of the plan are not clear: "Achieve a standard of transportation
efficiency as great or greater than if the local government were to grant equitable
communities incentives." SB 50 does not contain any language regarding
"transportation efficiency." Therefore, it is not possible to determine how HCD, OPR
or a local government will determine how to meet this standard.
o "Increase overall feasible housing capacity for households of lower, moderate, and
above moderate incomes, considering economic factors such as cost of likely
construction types, affordable housing requirements, and the impact of local
development fees." SB 50 does not contain any language regarding "feasible housing
capacity for households of lower, moderate, and above moderate incomes," nor does
it address "economic factors such as cost of likely construction types, affordable
housing requirements, and the impact of local development fees." Therefore, it is not
possible to determine how HCD, OPR or a local government will determine how to
meet this standard.
o Without clearly identified criteria, we are unable to evaluate whether the "local
flexibility plan" is actually an alternative planning option.
The Communitv Plan: Sensitive Communities
Unchanged by the amendments are SB 50's alternative for "sensitive communities." Sensitive
communities are determined by councils of governments (or by MTC in the ABAG region). The ECI
provisions of SB 50 will apply to a "sensitive community" after January 1, 2026 unless the community
adopts a "community plan" aimed toward increasing residential density and multifamily housing choices
near transit stops. The community plan must:
• Permit increased density and multifamily development near transit with all upzoning linked to
onsite affordable housing requirements;
• Include provisions to protect vulnerable residents from displacement;
• Promote economic justice for workers and residents; and
• Be developed in partnership with a nonprofit or community organization.
Equitable Communities Incentives
City must grant an Equitable Community Incentive (ECI) to 'jobs -rich" or "transit -rich" project on a site
zoned to allow housing with certain site exclusions as described below unless city makes finding that
incentive would have a specific, adverse impact on any real property or historic district. Project must
comply with city's conditional use or other discretionary permit approval process and with certain
affordability requirements (or local inclusionary ordinance) and is subject to CEQA review.
Counties with a population less than or equal to 600,000: Cities with population OVER 50,000
• Equitable Community Incentive to a jobs -rich or transit -rich housing project located within
mile of a major transit stop with a minimum density of 30 units/acre in "metropolitan"
community or 20 units/acre in "suburban" community:
o 1 additional story or fifteen feet in height.
o Waiver of 0.6 Floor Area Ratio.
o Maximum 0.5 parking spots per units; and no minimum parking requirement if within
mile of rail transit station in city with population greater than 100,000.
o Waiver of maximum controls density.
2
o Site exclusions: architecturally or historically significant district; special flood hazard
area.
• Mandatory inclusionary housing requirements apply.
• Existing Density Bonus Law may be applied to the project.
Counties with a population over 600,000: All cities (except those under 50,000 in the coastal zone)
• Equitable Community Incentive to a jobs -rich or transit -rich housing project:
o Waiver of maximum controls on density.
0 0.5 parking spots per unit.
o Within 1/2 mile of a major transit stop — height up to 45 feet, Floor Area Ratio of 2.5,
and no parking requirements.
o Within 1/4 mile of a major transit stop — height up to 55 feet, Floor Area Ration of 3.25,
and no parking requirements.
• Mandatory inclusionary housing requirements apply.
• Existing Density Bonus Law may be applied to the project.
AMENDED IN SENATE JANUARY 6, 2020
AMENDED IN SENATE JUNE 4, 2019
AMENDED IN SENATE MAY 1, 2019
AMENDED IN SENATE MARCH 11, 2019
SENATE BILL
No. 50
Introduced by Senator Wiener
(Coauthors: Senators Caballero, Hueso, McGuire, Moorlach,
Skinner-, and Stone Roth, and Skinner)
(Coauthors: Assembly Members Chu, Diep, Fong, Kalra, Kiley, Low,
McCarty, Quirk -Silva, Robert Rivas, Ting, and Wicks)
December 3, 2018
An act to amend Section 65589.5 of, to add Sections 65913.5 and
65913.6 to, and to add Chapter 4.35 (commencing with Section
65918.50) to Division 1 of Title 7 of, the Government Code, relating
to housing.
LEGISLATIVE COUNSEL'S DIGEST
SB 50, as amended, Wiener. Planning and zoning: housing
development: streamlined approval: incentives.
(1) Existing law authorizes a development proponent to submit an
application for a multifamily housing development that satisfies
specified planning objective standards to be subject to a streamlined,
ministerial approval process, as provided, and not subject to a
conditional use permit.
This bill would authorize a development proponent of a neighborhood
multifamily project located on an eligible parcel to submit an application
for a streamlined, ministerial approval process that is not subject to a
conditional use permit. The bill would define a "neighborhood
95
SB 50 —2—
multifamily
2—
multifamily project" to mean a project to construct a multifamily
structure on vacant land, or to convert an existing structure that does
not require substantial exterior alteration into a multifamily structure,
consisting of up to 4 residential dwelling units and that meets local
height, setback, and lot coverage zoning requirements as they existed
on July 1, 2019. The bill would also define "eligible parcel" to mean a
parcel that meets specified requirements, including requirements relating
to the location of the parcel and restricting the demolition of certain
housing development that may already exist on the site.
This bill would require a local agency to notify the development
proponent in writing if the local agency determines that the development
conflicts with any of the requirements provided for streamlined
ministerial approval within 60 days of the submission of the
development to the local agency. If the local agency does not notify the
development proponent within this time period, the development would
be deemed to comply with those requirements. The bill would limit the
authority of a local agency to impose parking standards or requirements
on a streamlined development approved pursuant to these provisions,
as provided. The bill would provide that the approval of a project under
these provisions expires automatically after 3 years, unless that project
qualifies for a one-time, one-year extension of that approval. The bill
would provide that approval pursuant to its provisions would remain
valid for 3 years and remain valid thereafter, so long as vertical
construction of the development has begun and is in progress, and would
authorize a discretionary one-year extension, as provided. The bill would
prohibit a local agency from adopting any requirement that applies to
a project solely or partially on the basis that the project receives
ministerial or streamlined approval pursuant to these provisions.
This bill would allow a local agency to exempt a project from the
streamlined ministerial approval process described above by finding
that the project will cause a specific adverse impact to public health
and safety, and there is no feasible method to satisfactorily mitigate or
avoid the adverse impact.
The California Environmental Quality Act (CEQA) requires a lead
agency, as defined, to prepare, or cause to be prepared, and certify the
completion of, an environmental impact report on a project that it
proposes to carry out or approve that may have a significant effect on
the environment or to adopt a negative declaration if it finds that the
project will not have that effect. CEQA also requires a lead agency to
prepare a mitigated negative declaration for a project that may have a
95
— 3 — SB 50
significant effect on the environment if revisions in the project would
avoid or mitigate that effect and there is no substantial evidence that
the project, as revised, would have a significant effect on the
environment. CEQA does not apply to the approval of ministerial
projects.
This bill would establish a streamlined ministerial approval process
for neighborhood multifamily projects, thereby exempting these projects
from the CEQA approval process.
(2) Existing law, known as the density bonus law, requires, when an
applicant proposes a housing development within the jurisdiction of a
local government, that the city, county, or city and county provide the
developer with a density bonus and other incentives or concessions for
the production of lower income housing units or for the donation of
land within the development if the developer, among other things, agrees
to construct a specified percentage of units for very low, low-, or
moderate -income households or qualifying residents.
This+ill bill, on or after January 1, 2023, would require a specified
city, county, or city and county to grant upon request an equitable
communities incentive when a development proponent seeks and agrees
to construct a residential development, as defined, that satisfies specified
criteria, including, among other things, that the residential development
is either a job -rich housing project or a transit -rich housing project, as
those terms are defined; the site does not contain, or has not contained,
housing occupied by tenants or accommodations withdrawn from rent
or lease in accordance with specified law within specified time periods;
and the residential development complies with specified additional
requirements under existing law. The bill would impose additional
requirements on a residential development located within a county with
a population equal to or less than 600,000. The bill would require that
a residential development within a county with a population greater
than 600,000 that is eligible for an equitable communities incentive
receive, upon request, waivers from maximum controls on density;
minimum automobile parking requirements greater than 0.5 parking
spots per unit; and specified additional waivers if the residential
development is located within a %z -mile or '/-mile radius of a major
transit stop, as defined. For a residential development within a county
with a population equal to or less than 600,000, the bill would instead
require that the incentive provide waivers from maximum controls on
density, subject to certain limitations; maximum height limitations less
than or equal to one story, or 15 feet, above the highest allowable height
95
SB 50
for mixed use or residential use; certain requirements governing the
size of the parcel and the area that the building may occupy; and
minimum automobile parking requirements, as provided. The bill would
require a local government to grant an equitable communities incentive
unless it makes a specified finding regarding the effects of the incentive
on any real property or historic district that is listed on a federal or state
register of historical resources. The bill would authorize a local
government to modify or expand the terms of an equitable communities
incentive, provided that the equitable communities incentive is consistent
with these provisions.
The bill would delay implementation of these provisions in potentially
sensitive communities, as defined, until July 1, 2023. The bill would
further delay implementation of these provisions in sensitive
communities, determined as provided, until January 1, 2026, unless the
city or county in which the area is located votes to make these provisions
applicable after a specified petition and public hearing process. On
and after January 1, 2026, the bill would apply these provisions to a
sensitive community unless the city or county adopts a community plan
for the area that meets certain requirements.
The bill would also exempt from these provisions a local government
that has a local flexibility plan that has been reviewed and certified by
the Department of Housing and Community Development, as specified.
The bill, on or before July 1, 2021, would require the Governor's Office
of Planning and Research, in consultation with the Department of
Housing and Community Development, to develop and publish on its
internet website rules, regulations, or guidelines for the submission
and approval of a local flexibility plan, as specified. The bill, on or
after July 1, 2021, would authorize a local government to submit a local
flexibility plan for review and approval by the Department of Housing
and Community Development pursuant to those rules, regulations, or
guidelines.
The bill would include findings that the changes proposed by these
provisions address a matter of statewide concern rather than a municipal
affair and, therefore, apply to all cities, including charter cities.The bill
'11111
--- - - - - --- -- - -- - -- -- - -
95
— 5 — SB 50
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The Housing Accountability Act prohibits a local agency from
disapproving, or conditioning approval in a manner that renders
infeasible, a housing development project that complies with applicable,
objective general plan, zoning, and subdivision standards and criteria
in effect at the time the application for the project is deemed complete
unless the local agency makes specified written findings based on a
preponderance of the evidence in the record. That law provides that the
receipt of a density bonus is not a valid basis on which to find a proposed
housing development is inconsistent, not in compliance, or not in
conformity with an applicable plan, program, policy, ordinance,
standard, requirement, or other similar provision of that act.
This bill would additionally provide that the receipt of an equitable
communities incentive is not a valid basis on which to find a proposed
housing development is inconsistent, not in compliance, or not in
conformity with an applicable plan, program, policy, ordinance,
standard, requirement, or other similar provision of that act.
(3) By adding to the duties of local planning officials, this bill would
impose a state -mandated local program.
(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.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State -mandated local program: yes.
The people of the State of California do enact as follows:
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the
housing:.
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is
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eonformit�-
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statewide
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apply
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ttnits-�.
16
(B) Mixed
ttse
developments
eonststing
of
residentia
17 nonresidential
ttses
with at
least
two
thirds
of the
square f.
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Fof
fesidential
19
(G) T-fatisitiotial
:.
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1
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vefy:.
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tneans
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(A)
at least
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22
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23 in
Seetion
50079.5
ety
..
24 pefeetit
of
the
uttits
shall be
sold
of
fented
to pef
sons and fan.fti
25 of
modefate
itteome
as de-fitied
itt
Seetiott
50093
of the Health an
27 in
Seetion
... of
this eode.
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units targeted
for 1
. ineome
hottseholds.
be
madeavailable
at .
monthly h.. _
1 itteome
with
adjustments
for household
size mftde
32 limits
-
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llottsittg
ttttits
tffgetedpefsons
and lf�-mili
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moderate
ineome
shall
be made
available
at a
monthly h - i
34 eost
thatdoes
not.
3
0 pereent
of 100.
of area m35
1..
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adjustments
. household
size madeaeeor..
36 with
the
adjustment
fiaetot:s
ott
whieh
the
modettae in
37 eligibility
:: -:
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established
.. the
Department
of Housing. .
41 Gommtmity
Development
pttrsttatit
to Seetion
50093
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-17 — SB 50
95
of
low-itteome
hottsehoMt.
moneyderived
from ; fine
imposed pursuant
t :-
4 s4paragraph
is
deposited
itt the Hottsing
Rehabilitalioti
R-
5 F-t
.
:nding
Seetion 50661
of the Health
6 Gode,
that money
shall be
available ottly
ttpott appt:opfiatit)
- Legislatttfe.
1 as
provided
b • law
to etistire
that the ptttposes
atid::
12 the
deeision
of
the loeal
agettey and
to appt:o-ve
the ho,
14 de-velopmettt
pfojeet,
as pfoposed
by the
applieatit
at the tit
15 loeal
ageney
took
the initial
aetion determined
to
be in viola
16 of
this
seetiott,
along
with
any standard
eonditiotis
determi
17 the
eottrt
to
be generally
imposed by the
loeal
. pfojeets,
shall
be
deemed
to be ...
.. . tttiless
the ... li
1
pttfposes
of this
s4division,;.-
; -
21 means
atfadeorindusttygiroupwh:-
afe pri-:
22 engaged
in the
eonstmetion
of mattagement
of hottsing
tttt'
23 nonprofit
organization
whose mission
itteittdes
providin
24 ::.:lowift
. seetiott
to ehallenge
the disapproval
of
. hottsing developme..
•
1 feasottable
attomey's::
31 an
aetion
te)
-
-this
seetiott.
-- eottrt
fitids that
the leeal -----
--
-- itt --- - -
33 when
it disapproved
or
eonditionally
approved
the ho
34 development
or
emergeneyviolation
35 (2)
failed
to
earty
ottt the
eottrt's order or
jttdgment
within 60
• .
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-
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95
SB 50
—18—
L
18—
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_
of othefiwise-entitely-
-'
::.=
provisions
_
_t to
Seetion 1094.5
...
of the
._
dfe days ..
. petitiott
is seffed,
provided that
the eostofptsepafafiott of the reeff-d
::.
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95
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-19 — SB 50
SECTION 1. Section 65589.5 of the Government Code, as
amended by Section 3.1 of Chapter 665 of the Statutes of 2019, is
amended to read:
65589.5. (a) (1) The Legislature finds and declares all of the
following:
(A) The lack of housing, including emergency shelters, is a
critical problem that threatens the economic, environmental, and
social quality of life in California.
(B) 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.
(C) 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.
(D) Many local governments do not give adequate attention to
the economic, environmental, and social costs of decisions that
result in disapproval of housing development projects, reduction
in density of housing projects, and excessive standards for housing
development projects.
(2) In enacting the amendments made to this section by the act
adding this paragraph, the Legislature further finds and declares
the following:
(A) California has a housing supply and affordability crisis of
historic proportions. The consequences of failing to effectively
and aggressively confront this crisis are hurting millions of
Californians, robbing future generations of the chance to call
California home, stifling economic opportunities for workers and
businesses, worsening poverty and homelessness, and undermining
the state's environmental and climate objectives.
(B) While the causes of this crisis are multiple and complex,
the absence of meaningful and effective policy reforms to
significantly enhance the approval and supply of housing affordable
to Californians of all income levels is a key factor.
(C) The crisis has grown so acute in California that supply,
demand, and affordability fundamentals are characterized in the
95
SB 50
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—20—
negative: underserved demands, constrained supply, and protracted
unaffordability.
(D) According to reports and data, California has accumulated
an unmet housing backlog of nearly 2,000,000 units and must
provide for at least 180,000 new units annually to keep pace with
growth through 2025.
(E) California's overall homeownership rate is at its lowest level
since the 1940s. The state ranks 49th out of the 50 states in
homeownership rates as well as in the supply of housing per capita.
Only one-half of California's households are able to afford the
cost of housing in their local regions.
(F) Lack of supply and rising costs are compounding inequality
and limiting advancement opportunities for many Californians.
(G) The majority of California renters, more than 3,000,000
households, pay more than 30 percent of their income toward rent
and nearly one-third, more than 1,500,000 households, pay more
than 50 percent of their income toward rent.
(H) When Californians have access to safe and affordable
housing, they have more money for food and health care; they are
less likely to become homeless and in need of
government -subsidized services; their children do better in school;
and businesses have an easier time recruiting and retaining
employees.
(I) An additional consequence of the state's cumulative housing
shortage is a significant increase in greenhouse gas emissions
caused by the displacement and redirection of populations to states
with greater housing opportunities, particularly working- and
middle-class households. California's cumulative housing shortfall
therefore has not only national but international environmental
consequences.
(J) California's housing picture has reached a crisis of historic
proportions despite the fact that, for decades, the Legislature has
enacted numerous statutes intended to significantly increase the
approval, development, and affordability of housing for all income
levels, including this section.
(K) The Legislature's intent in enacting this section in 1982 and
in expanding its provisions since then was to significantly increase
the approval and construction of new housing for all economic
segments of California's communities by meaningfully and
effectively curbing the capability of local governments to deny,
95
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-21— SB 50
reduce the density for, or render infeasible housing development
projects and emergency shelters. That intent has not been fulfilled.
(L) It is the policy of the state that this section be interpreted
and implemented in a manner to afford the fullest possible weight
to the interest of, and the approval and provision of, housing.
(3) It is the intent of the Legislature that the conditions that
would have a specific, adverse impact upon the public health and
safety, as described in paragraph (2) of subdivision (d) and
paragraph (1) of subdivision 0), arise infrequently.
(b) It is the policy of the state that a local government not reject
or make infeasible housing development projects, 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
(h) of Section 50199.7 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 housing
development 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 a preponderance of
the 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
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SB 50
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—22—
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 housing development 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 housing 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. The following
shall not constitute a specific, adverse impact upon the public
health or safety:
(A) Inconsistency with the zoning ordinance or general plan
land use designation.
(B) The eligibility to claim a welfare exemption under
subdivision (g) of Section 214 of the Revenue and Taxation Code.
(3) The denial of the housing development projector 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 housing 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
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agricultural or resource preservation purposes, or which does not
have adequate water or wastewater facilities to serve the project.
(5) The housing 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. For purposes of this
section, a change to the zoning ordinance or general plan land use
designation subsequent to the date the application was deemed
complete shall not constitute a valid basis to disapprove or
condition approval of the housing development project or
emergency shelter.
(A) This paragraph cannot be utilized to disapprove or
conditionally approve a housing development project if the housing
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 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, low-, and
moderate -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
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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 of 1976
(Division 20 (commencing with Section 30000) of the Public
Resources Code). Neither shall anything in this seetio This section
shall not 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) Except as provided in subdivision (o), nothing in shall
be construed to prohibit a local agency from requiring the 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 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) Except as provided in subdivision (o), nothing in 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
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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) Except as provided in subdivision (o), nothing in this section
shall be construed to 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 housing
development project or emergency shelter.
(4) For purposes of this section, a housing development project
or emergency shelter shall be deemed consistent, compliant, and
in conformity with an applicable plan, program, policy, ordinance,
standard, requirement, or other similar provision if there is
substantial evidence that would allow a reasonable person to
conclude that the housing development project or emergency
shelter is consistent, compliant, or in conformity.
(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 with at least two-thirds of the square footage
designated for residential use.
(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 persons and families
of moderate income as defined in Section 50093 of the Health and
Safety Code, or persons and families of middle income, as defined
in Section 65008 of this code. Housing units targeted for lower
income households shall be made available at a monthly housing
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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) Notwithstanding any other law, until January 1, 2025,
"deemed complete" means that the applicant has submitted a
preliminary application pursuant to Section 65941.1.
(6) "Disapprove the housing 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, including any
required land use approvals or entitlements necessary for the
issuance of a building permit.
(B) Fails to comply with the time periods specified in
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.
(7) "Lower density" includes any conditions that have the same
effect or impact on the ability of the project to provide housing.
(8) Until January 1, 2025, "objective" means involving no
personal or subjective judgment by a public official and being
uniformly verifiable by reference to an external and uniform
benchmark or criterion available and knowable by both the
development applicant or proponent and the public official.
(9) Notwithstanding any other law, until January 1, 2025,
"determined to be complete" means that the applicant has submitted
a complete application pursuant to Section 65943.
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(i) If any city, county, or city and county denies approval or
imposes conditions, including design changes, lower density, or
a reduction of 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 housing development project's the application is
complete, 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 conditions on the development is the subject
of a court action which challenges the denial or the imposition of
conditions, 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 a preponderance of the evidence in the record, and with the
requirements of subdivision (o).
0) (1) When a proposed housing development project complies
with applicable, objective general plan, zoning, and subdivision
standards and criteria, including design review standards, in effect
at the time that the application was deemed complete, but the local
agency proposes to disapprove the project or to impose a 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 a preponderance of the
evidence on the record that both of the following conditions exist:
(A) 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.
(B) 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.
(2) (A) If the local agency considers a proposed housing
development project to be inconsistent, not in compliance, or not
in conformity with an applicable plan, program, policy, ordinance,
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standard, requirement, or other similar provision as specified in
this subdivision, it shall provide the applicant with written
documentation identifying the provision or provisions, and an
explanation of the reason or reasons it considers the housing
development to be inconsistent, not in compliance, or not in
conformity as follows:
(i) Within 30 days of the date that the application for the housing
development project is determined to be complete, if the housing
development project contains 150 or fewer housing units.
(ii) Within 60 days of the date that the application for the
housing development project is determined to be complete, if the
housing development project contains more than 150 units.
(B) If the local agency fails to provide the required
documentation pursuant to subparagraph (A), the housing
development project shall be deemed consistent, compliant, and
in conformity with the applicable plan, program, policy, ordinance,
standard, requirement, or other similar provision.
(3) For purposes of this section, the receipt of a density bonus
pursuant to Section 65915 or an equitable communities incentive
pursuant to Section 65918.51 shall not constitute a valid basis on
which to find a proposed housing development project is
inconsistent, not in compliance, or not ink conformity
with an applicable plan, program, policy, ordinance, standard,
requirement, or other similar provision specified in this subdivision.
(4) For purposes of this section, a proposed housing development
project is not inconsistent with the applicable zoning standards
and criteria, and shall not require a rezoning, if the housing
development project is consistent with the objective general plan
standards and criteria but the zoning for the project site is
inconsistent with the general plan. If the local agency has complied
with paragraph (2), the local agency may require the proposed
housing development project to comply with the objective
standards and criteria of the zoning which is consistent with the
general plan, however, the standards and criteria shall be applied
to facilitate and accommodate development at the density allowed
on the site by the general plan and proposed by the proposed
housing development project.
(k) (1) (A) (i) The applicant, a person who would be eligible
to apply for residency in the housing development project or
emergency shelter, or a housing organization may bring an action
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to enforce this section. If, in any action brought to enforce this
section, a court finds that any of the following are met, the court
shall issue an order pursuant to clause (ii):
(I) The local agency, in violation of subdivision (d), disapproved
a housing development 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 findings
supported by a preponderance of the evidence.
(II) The local agency, in violation of subdivision 0), disapproved
a housing development project complying with applicable,
objective general plan and zoning standards and criteria, or imposed
a condition that the project be developed at a lower density, without
making the findings required by this section or without making
findings supported by a preponderance of the evidence.
(III) (ia) Subject to sub -subclause (ib), the local agency, in
violation of subdivision (o), required or attempted to require a
housing development project to comply with an ordinance, policy,
or standard not adopted and in effect when a preliminary
application was submitted.
(ib) This subclause shall become inoperative on January 1, 2025.
(ii) If the court finds that one of the conditions in clause(i) is
met, 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 housing
development project or emergency shelter. The court may issue
an order or judgment directing the local agency to approve the
housing development project or emergency shelter if the court
finds that the local agency acted in bad faith when it disapproved
or conditionally approved the housing development or emergency
shelter in violation of this section. 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, except under extraordinary circumstances in which the
court finds that awarding fees would not further the purposes of
this section.
(B) (i) Upon a determination that the local agency has failed
to comply with the order or judgment compelling compliance with
this section within 60 days issued pursuant to subparagraph (A),
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the court shall impose fines on a local agency that has violated this
section and require the local agency to deposit any fine levied
pursuant to this subdivision into a local housing trust fund. The
local agency may elect to instead deposit the fine into the Building
Homes and Jobs Trust Fund, if Senate Bill 2 of the 2017-18
Regular Session is enacted, or otherwise in the Housing
Rehabilitation Loan Fund. The fine shall be in a minimum amount
of ten thousand dollars ($10,000) per housing unit in the housing
development project on the date the application was deemed
complete pursuant to Section 65943. In determining the amount
of fine to impose, the court shall consider the local agency's
progress in attaining its target allocation of the regional housing
need pursuant to Section 65584 and any prior violations of this
section. Fines shall not be paid out of funds already dedicated to
affordable housing, including, but not limited to, Low and
Moderate Income Housing Asset Funds, funds dedicated to housing
for very low, low-, and moderate -income households, and federal
HOME Investment Partnerships Program and Community
Development Block Grant Program funds. The local agency shall
commit and expend the money in the local housing 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. After five years, if the funds have not
been expended, the money shall revert to the state and be deposited
in the Building Homes and Jobs Trust Fund, if Senate Bill 2 of the
2017-18 Regular Session is enacted, or otherwise in the Housing
Rehabilitation Loan Fund, for the sole purpose of financing newly
constructed housing units affordable to extremely low, very low,
or low-income households.
(ii) If any money derived from a fine imposed pursuant to this
subparagraph is deposited in the Housing Rehabilitation Loan
Fund, then, notwithstanding Section 50661 of the Health and Safety
Code, that money shall be available only upon appropriation by
the Legislature.
(C) 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 and to approve the housing
development project, in which case the application for the housing
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development project, as proposed by the applicant 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 to be approved unless the applicant
consents to a different decision or action by the local agency.
(2) For purposes of this subdivision, "housing organization"
means a trade or industry group whose local members are primarily
engaged in the construction or management of housing units or a
nonprofit organization whose mission includes providing or
advocating for increased access to housing for low-income
households and have filed written or oral comments with the local
agency prior to action on the housing development project. A
housing organization may only file an action pursuant to this
section to challenge the disapproval of a housing development by
a local agency. A housing organization shall be entitled to
reasonable attorney's fees and costs if it is the prevailing party in
an action to enforce this section.
(1) 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, shall multiply the fine
determined pursuant to subparagraph (B) of paragraph (1) of
subdivision (k) by a factor of five. For purposes of this section,
"bad faith" includes, but is not limited to, 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, unless the petitioner elects to
prepare the record as provided in subdivision (n) of this section.
A petition to enforce the provisions of this section shall be filed
and served no later than 90 days from the later of (1) the effective
date of a decision of the local agency imposing conditions on,
disapproving, or any other final action on a housing development
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project or (2) the expiration of the time periods specified in
subparagraph (B) of paragraph (5) of subdivision (h). Upon entry
of the trial court's order, a party may, 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, or may appeal the judgment or order
of the trial court under Section 904.1 of the Code of Civil
Procedure. 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) (1) Subject to paragraphs (2), (6), and (7), and subdivision
(d) of Section 65941.1, a housing development project shall be
subject only to the ordinances, policies, and standards adopted and
in effect when a preliminary application including all of the
information required by subdivision (a) of Section 65941.1 was
submitted.
(2) Paragraph (1) shall not prohibit a housing development
project from being subject to ordinances, policies, and standards
adopted after the preliminary application was submitted pursuant
to Section 65941.1 in the following circumstances:
(A) In the case of a fee, charge, or other monetary exaction, to
an increase resulting from an automatic annual adjustment based
on an independently published cost index that is referenced in the
ordinance or resolution establishing the fee or other monetary
exaction.
(B) A preponderance of the evidence in the record establishes
that subjecting the housing development project to an ordinance,
policy, or standard beyond those in effect when a preliminary
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application was submitted is necessary to mitigate or avoid a
specific, adverse impact upon the public health or safety, as defined
in subparagraph (A) of paragraph (1) of subdivision 0), and there
is no feasible alternative method to satisfactorily mitigate or avoid
the adverse impact.
(C) Subjecting the housing development project to an ordinance,
policy, standard, or any other measure, beyond those in effect when
a preliminary application was submitted is necessary to avoid or
substantially lessen an impact of the project under the California
Environmental Quality Act (Division 13 (commencing with Section
21000) of the Public Resources Code).
(D) The housing development project has not commenced
construction within two and one-half years following the date that
the project received final approval. For purposes of this
subparagraph, "final approval" means that the housing development
project has received all necessary approvals to be eligible to apply
for, and obtain, a building permit or permits and either of the
following is met:
(i) The expiration of all applicable appeal periods, petition
periods, reconsideration periods, or statute of limitations for
challenging that final approval without an appeal, petition, request
for reconsideration, or legal challenge having been filed.
(ii) If a challenge is filed, that challenge is fully resolved or
settled in favor of the housing development project.
(E) The housing development project is revised following
submittal of a preliminary application pursuant to Section 65941.1
such that the number of residential units or square footage of
construction changes by 20 percent or more, exclusive of any
increase resulting from the receipt of a density bonus, incentive,
concession, waiver, or similar provision. For purposes of this
subdivision, "square footage of construction" means the building
area, as defined by the California Building Standards Code (Title
24 of the California Code of Regulations).
(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
preliminary application was submitted.
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(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) With respect to completed residential units for which the
project approval process is complete and a certificate of occupancy
has been issued, nothing in this subdivision shall limit the
application of later enacted ordinances, policies, and standards
that regulate the use and occupancy of those residential units, such
as ordinances relating to rental housing inspection, rent
stabilization, restrictions on short-term renting, and business
licensing requirements for owners of rental housing.
(8) 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. 2. Section 65913.5 is added to the Government Code, to
read:
65913.5. For purposes of this section and Section 65913.6, the
following definitions shall apply:
(a) "Development proponent" means the developer who submits
an application for streamlined approval pursuant to Section
65913.6.
(b) "Eligible parcel" means a parcel that meets all of the
following requirements:
(1) The parcel is not located on a site that is on a coastal zone,
as defined in Division 20 (commencing with Section 30000) of the
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• 1111 • „ 'CI, -O i c, ,
Bureau data.
(2) The parcel satisfies the requirements specified in paragrap
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1 site satisfies this subparagraph and is otherwise eligible Fo
2 ,
3
4 proponent did not eomply with any additional permit reqttifetnent,
5 standaM, or aetion adopted by that loeal government 4iat is
6 applieable to that site.
7 (1) Lands identified for eonservation itt any of the foil
8
9
10 10 (eommeneing with Seetion 2800) of Divisiott 3 of the Fish an
11
Game Code) -
12
13 Endangered Speeies Aet of 1973 (16 U.S.G. See. 1531 et seq+
14 .
15 ,
16 sensitive, or speeies of speeial stattts by state or federal a-
17 RtIly proteeted speei.3, VI speeies proteeted by any of the
18 followitigi
19 .
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21
22 (eommeneing with Seetiott 2050) of Division 3 of the Fish an
23 Game Gode-�
24 (iii) The Native Plant Proteetion Aet (Chapter 10 (eomm
25 with Seetion 1900) of Division -2 of the Fish and Game Gode)-.
26 .
27
28 (4) The development of the project on the proposed parcel would
29 not require the demolition or alteration of any of the following
30 types of housing:
31 (A) Housing that is subject to a recorded covenant, ordinance,
32 or law that restricts rents to levels affordable to persons and
33 families of moderate, low, or very low income.
34 (B) Housing that is subject to any form of rent or price control
35 through a public entity's valid exercise of its police power.
36 (C) Housing occupied by tenants, as that term is defined in
37 subdivision (0 of Section 65918.50, within the seven years
38 preceding the date of the application, including housing that has
39 been demolished or that tenants have vacated before the application
40 for a development permit.
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(D) A parcel or parcels on which an owner of residential real
property has exercised their rights under Chapter 12.75
(commencing with Section 7060) of Division 7 of Title 1 to
withdraw accommodations from rent or lease within 15 years
before the date that the development proponent submits an
application pursuant to Section 65913.6.
(S) The development of the project on the proposed parcel would
not require the demolition of a historic structure that was placed
on a national, state, or local historic register.
(c) "Local agency" means a city, including a charter city, a
county, including a charter county, or a city and county, including
a charter city and county.
(d) "Neighborhood multifamily project" means a project to
construct a multifamily structure of up to four residential dwelling
units that meets all of the following requirements:
(1) The project meets one of the following conditions:
(A) The parcel or parcels on which the neighborhood
multifamily project would be located is vacant land, as defined in
subdivision (e).
(B) If the project is a conversion of an existing structure, the
conversion shall not require substantial exterior alteration. For the
purposes of this subparagraph, a project requires "substantial
exterior alteration" if the project would require either of the
following:
(i) The demolition of 25 percent or more of the existing exterior
vertical walls, measured by linear feet.
(ii) Any building addition that would increase total interior
square footage by more than 15 percent.
(2) (A) The neighborhood multifamily project shall meet all
objective zoning standards and objective design review standards
that do not conflict with this section or Section 65913.6. If, on or
after July 1, 2019, a local agency adopts an ordinance that
eliminates zoning designations permissive to residential use or
decreases residential zoning development capacity within an
existing zoning district in which the development is located than
what was authorized on July 1, 2019, then that development shall
be deemed to be consistent with any applicable requirement of this
section and Section 65913.6 if it complies with zoning designations
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not in conflict with this section and Section 65913.6 that were
authorized as of July 1, 2019.
(B) For purposes of this paragraph, "objective zoning standards"
and "objective design review standards" means standards that
involve no personal or subjective judgment by a public official
and are uniformly verifiable by reference to an external and
uniform benchmark or criterion available and knowable by both
the development proponent and the public official before the
development proponent submits an application pursuant to this
section. These standards include, but are not limited to, height,
setbacks, floor area ratio, and lot coverage. For purposes of this
section and Section 65913.6, "objective zoning standard" does not
include any limits related to residential density that would limit a
development to fewer than four residential units per parcel.
(3) A local agency may require the neighborhood multifamily
project to provide at least 0.5 parking spaces per unit.
(e) "Vacant land" means either of the following:
(1) A property that contains no existing structures.
(2) A property that contains at least one existing structure, but
the structure or structures have been unoccupied for at least five
years and are considered substandard as defined by Section 17920.3
of the Health and Safety Code.
SEC. 3. Section 65913.6 is added to the Government Code, to
read:
65913.6. (a) For purposes of this section, the definitions
provided in Section 65913.5 shall apply.
(b) Except as provided in subdivision (g), a development
proponent of a neighborhood multifamily project on an eligible
parcel may submit an application for a development to be subject
to a streamlined, ministerial approval process provided by this
section and not be subject to a conditional use permit if the
development meets the requirements of this section and Section
65913.5.
(c) (1) If a local agency determines that a development
submitted pursuant to this section is in conflict with any of the
requirements specified in this section or Section 65913.5, it shall
provide the development proponent written documentation of
which requirement or requirements the development conflicts with,
and an explanation for the reason or reasons the development
conflicts with that requirement or requirements, within 60 days of
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submission of the development to the local agency pursuant to this
section.
(2) If the local agency fails to provide the required
documentation pursuant to paragraph (1), the development shall
be deemed to satisfy the requirements of this section and Section
65913.5.
(d) Any design review or public oversight of the development
may be conducted by the local agency's planning commission or
any equivalent board or commission responsible for review and
approval of development projects, or the city council or board of
supervisors, as appropriate. That design review or public oversight
shall be objective and be strictly focused on assessing compliance
with criteria required for streamlined projects, as well as any
reasonable objective design standards published and adopted by
ordinance or resolution by a local agency before submission of a
development application, and shall be broadly applicable to
development within the local agency. That design review or public
oversight shall be completed within 90 days of submission of the
development to the local agency pursuant to this section and shall
not in any way inhibit, chill, or preclude the ministerial approval
provided by this section or its effect, as applicable.
(e) Notwithstanding any other law, a local agency, whether or
not it has adopted an ordinance governing automobile parking
requirements in multifamily developments, shall not impose
automobile parking standards for a streamlined development that
was approved pursuant to this section, including those related to
orientation or structure of off-street automobile parking, beyond
those provided in the minimum requirements of Section 65913.5.
(f) (1) If a local agency approves a development pursuant to
this section, that approval shall automatically expire after three
years except that a project may receive a one-time, one-year
extension if the project proponent provides documentation that
there has been significant progress toward getting the development
construction ready. For purposes of this paragraph, "significant
progress" includes filing a building permit application.
(2) If a local agency approves a development pursuant to this
section, that approval shall remain valid for three years from the
date of the final action establishing that approval and shall remain
valid thereafter for a project so long as vertical construction of the
development has begun and is in progress. Additionally, the
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development proponent may request, and the local agency shall
have discretion to grant, an additional one-year extension to the
original three-year period. The local agency's action and discretion
in determining whether to grant the foregoing extension shall be
limited to considerations and process set forth in this section.
(g) This section shall not apply if the local agency finds that the
development project as proposed would have a specific, adverse
impact upon the public health or safety, including, but not limited
to, fire 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. 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.
(h) A local agency shall not adopt any requirement, including,
but not limited to, increased fees or inclusionary housing
requirements, that applies to a project solely or partially on the
basis that the project is eligible to receive ministerial or streamlined
approval pursuant to this section.
(i) This section shall not affect a development proponent's
ability to use any alternative streamlined by right permit processing
adopted by a local agency, including the provisions of subdivision
(i) of Section 65583.2 or 65913.4.
SEC. 4. Chapter 4.35 (commencing with Section 65918.50) is
added to Division 1 of Title 7 of the Government Code, to read:
CHAPTER 4.35. EQUITABLE COMMUNITIES INCENTIVES
65918.50. For purposes of this chapter:
(a) "Development proponent" means an applicant who submits
an application for an equitable communities incentive pursuant to
this chapter.
(b) "Eligible applicant" means a development proponent -who
reeeives whose development project meets the requirements of this
chapter to receive an equitable communities incentive.
(c) "FAR" means floor area ratio.
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(d) "High-quality bus corridor" means a corridor with fixed
route bus service that meets all of the following criteria:
(1) It has average service intervals for each line and in each
direction of no more than 10 minutes during the three peak hours
between 6 a.m. to 10 a.m., inclusive, and the three peak hours
between 3 p.m. to 7 p.m., inclusive, on Monday through Friday.
(2) It has average service intervals for each line and in each
direction of no more than 20 minutes during the hours of 6 a.m.
to 10 p.m., inclusive, on Monday through Friday.
(3) It has average service intervals for each line and in each
direction of no more than 30 minutes during the hours of 8 a.m.
to 10 p.m., inclusive, on Saturday and Sunday.
(4) It has met the criteria specified in paragraphs (1) to (3),
inclusive, for the five years preceding the date that a development
proponent submits an application for approval of a residential
development.
(e) (1) "Jobs -rich area" means an area identified by the
Department of Housing and Community Development in
consultation with the Office of Planning and Research that is high
opportunity and either is jobs rich or would enable shorter commute
distances based on whether, in a regional analysis, the tract meets
both of the following:
(A) The tract is high opportunity, meaning its characteristics
are associated with positive educational and economic outcomes
for households of all income levels residing in the tract.
(B) The tract meets either of the following criteria:
(i) New housing sited in the tract would enable residents to live
near more jobs than is typical for tracts in the region.
(ii) New housing sited in the tract would enable shorter commute
distances for residents, relative to existing commute patterns and
jobs -housing fit.
(2) The Department of Housing and Community Development
shall, commencing on January 1,40�, 2021, publish and update,
every five years thereafter, a map of the state showing the areas
identified by the department as "jobs -rich areas."
(f) "Job -rich housing project" means a residential development
within a jobs -rich area. A residential development shall be deemed
to be within a jobs -rich area if both of the following apply:
(1) All parcels within the project have no more than 25 percent
of their area outside of the jobs -rich area.
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(2) No more than 10 percent of residential units or 100 units,
whichever is less, of the development are outside of the jobs -rich
area.
(g) "Local government" means a city, including a charter city,
a county, or a city and county.
(h) "Major transit stop" means a rail transit station or a ferry
terminal that is a major transit stop pursuant to subdivision (b) of
Section 21155 of the Public Resources Code.
(i) "Potentially sensitive community" means any of the
following:
(1) An area that is designated as "high segregation and poverty"
or "low resource" on the 2019 Opportunity Maps developed by
the California Tax Credit Allocation Committee.
(2) A census tract that is in the top 25 percent scoring census
tracts from the internet-based CalEnviroScreen 3.0 tool.
(3) A qualified census tract identified by the United States
Department of Housing and Urban Development for 2019.
(4) It is the intent of the Legislature to consider -a44 both of the
following:
(A) Identifying additional communities as potentially sensitive
communities in inland areas, areas experiencing rapid change in
housing cost, and other areas based on objective measures of
community sensitivity.
(B) Application of the process for determining sensitive
communities established in subdivision (d) of Section 65918.55
to the San Francisco Bay area.
0) "Residential development" means a project with at least
two-thirds of the square footage of the development designated
for residential use.
(k) "Sensitive community" means either of the following:
(1) Except as provided in paragraph (2), an area identified
pursuant to subdivision -(d) (b) of Section -6594S -.5-S-. 65918.58.
(2) In the Counties of Alameda, Contra Costa, Marin, Napa,
Santa Clara, San Francisco, San Mateo, Solano, and Sonoma, areas
designated by the Metropolitan Transportation Commission on
December 19, 2018, as the intersection of disadvantaged and
vulnerable communities as defined by the Metropolitan
Transportation Commission and the San Francisco Bay
Conservation and Development Commission, which identification
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of a sensitive community shall be updated at least every five years
by the Department of Housing and Community Development.
(0 "Tenant" means a person who does not own the property
where they reside, including residential situations that are any of
the following:
(1) Residential real property rented by the person under a
long-term lease.
(2) A single -room occupancy unit.
(3) An accessory dwelling unit that is not subject to, or does
not have a valid permit in accordance with, an ordinance adopted
by a local agency pursuant to Section 65852.2.
(4) A residential motel.
(5) A mobilehome park, as governed under the Mobilehome
Residency Law (Chapter 2.5 (commencing with Section 798) of
Title 2 of Part 2 of Division 2 of the Civil Code), the Recreational
Vehicle Park Occupancy Law (Chapter 2.6 (commencing with
Section 799.20) of Title 2 of Part 2 of Division 2 of the Civil Code),
the Mobilehome Parks Act (Part 2.1 (commencing with Section
18200) of Division 13 of the Health and Safety Code), or the
Special Occupancy Parks Act (Part 2.3 (commencing with Section
18860) of Division 13 of the Health and Safety Code).
(6) Any other type of residential property that is not owned by
the person or a member of the person's household, for which the
person or a member of the person's household provides payments
on a regular schedule in exchange for the right to occupy the
residential property.
(m) "Transit -rich housing project" means a residential
development, the parcels of which are all within a one-half mile
radius of a major transit stop or a one-quarter mile radius of a stop
on a high-quality bus corridor. A project shall be deemed to be
within the radius if both of the following apply:
(1) All parcels within the project have no more than 25 percent
of their area outside of a one-half mile radius of a major transit
stop or a one-quarter mile radius of a stop on a high-quality bus
corridor.
(2) No more than 10 percent of the residential units or 100 units,
whichever is less, of the project are outside of a one-half mile
radius of a major transit stop or a one-quarter mile radius of a stop
on a high-quality bus corridor.
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65918.51. f --(a) Except as provided in subdivision (b) or
Section 65918.58, on and after January 1, 2023, a local
government shall, upon request of a development proponent, grant
an equitable communities incentive, as specified in—Seetion
6053, Sections 65918.54 and 65918.55, when the development
proponent seeks and agrees to construct a multifamily residential
development that satisfies the requirements specified in-Seetion
6052. Sections 65918.52 and 65918.53, and, if applicable,
Sections 65918.54 and 65918.55.
(b) A local government shall not be required to grant an
equitable communities incentive pursuant to subdivision (a) if the
local government has a local flexibility plan that has been reviewed
and certified by the Department of Housing and Community
Development pursuant to Section 65918.59.
65918.52. in order to be eligible for tm eqttitable eommunities
ineentive pttrsttant to this A residential development
shall mee is not eligible for an equitable communities incentive
pursuant to this chapter unless the residential development meets
all of the following criteria:
(a) The residential development is either a job -rich housing
project or transit -rich housing project.
(b) The residential development is located on a site that meets
the following requirements:
(1) At the time of application, the site is zoned to allow housing
as an underlying use in the zone, including, but not limited to, a
residential, mixed-use, or commercial zone, as defined and allowed
by the local government.
(2) If the residential development is located within a coastal
zone, as defined in Division 20 (commencing with Section 30000)
of the Public Resources Code, the site satisfies the requirements
speeified in paragraph (2) of subdivision (a) of Seetion 65913.4.
meets the following conditions:
(A) The site satisfies the requirements specified in paragraph
(2) of subdivision (a) of Section 65913.4.
(B) The site is located in a city that has a population equal to
or greater than 50, 000, based on the most recent United States
Census Bureau data.
(3) The site is not located within any of the following:
(A) A eottstal zone, as defitted in Division 20 (eomme
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also loeated in a eity that has a popttlation of less than ,
based
se .,. the m
,....,. st r nt United
.7 States l7,..,.,..... T)....._.._. data.
(A) A very high fire hazard severity zone, as determined by the
Department of Forestry and Fire Protection pursuant to Section
51178, or within a very high fire hazard severity zone as indicated
on maps adopted by the Department of Forestry and Fire Protection
pursuant to Section 4202 of the Public Resources Code. A parcel
is not ineligible within the meaning of this paragraph if it is either
of the following:
(i) A site excluded from the specified hazard zones by a local
agency, pursuant to subdivision (b) of Section 51179.
(ii) A site that has adopted fire hazard mitigation measures
pursuant to existing building standards or state fire mitigation
measures applicable to the development.
(B) A parcel for which either of the following apply:
(i) The parcel is a contributing parcel within a historic district
established by an ordinance of the local government that was in
effect as of December 31, 2010.
(ii) The parcel includes a structure that was listed on a state or
federal register of historic resources before the date that the
development proponent first submits an application for an equitable
communities incentive pursuant to this chapter.
has a population equal to of less thatt 600,000, based ott the most
reeenfUnited States CensusBtirreau data, tle residential
development satisfies all ofthe Following additional requirements.2
(1) The site satisfies the requirements speeified itt pafagfaph
(2) of sttbdivision (a) of Seetion 65913.4.
(2) The site is not loeated withitt either of the followingi
R s Code.
pereent ammal eha-nee flood (100 year flood) as determined b
pttblished by the Federal Emergettey Management Agetiey.—If-a
qualifying eriteria in order to provide that the site satisfies this
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R4EiFl�TFiF�IRfIR_!�!1_f _ _ _ _ _ 1lif_ • • _ _ _ X35_ _
■ . • .• • • i • • i
t' as definedin Seetion•• ofthe Health and Saf�ty GGis
I or i : i i as defineditt Seetion50053 ithe ilea
i:' sttbjeet to all ofthefollowing ': : :"
•The site, and applieable, thededieated - : i
8 (11) The site, and if applieable, t! lattd, is eligit
• for an equitable eommunities ineentive�-.
/The fesidential developmentthat i :': i i
I I land or in liett fee payment pttrsuallt to this paragraph pr -O
12 the same tittmbefof affofdableat - itteome eat- i
I■
i■ o ■i o :■' oii. ii ■ �
15 paragraph
17 be at least equal to the eapitalized vaitte of the f6rgotie
•that thedevelopment pfopotietit o d have _ dif_
:■ i i i • :. i r i
22
" ""
':ii ii i : iii eontributiottsttbjee
24 eovenatit shall be pfovided to the Depattment of Housing
25 Gommuttity Development.
27 means : pfojeet thatall C%4ttitable ' i - -- r - -
• i■ i s "_ i eomparable affordability ei i i"
29 (iv) The qualifying development shall not be isstted
30 of oeettpattey before :' :' :i
31 dedieatiott of i of difeetiti-fiett fee paymeitt pttfsttant _
32 ■ i i: : i" feeeives a building i-
- i ::i of units purstant to this paragraph
I
i i:": for i period iyearsi itmitsi -
35 years f6v tmitsoffefed Fof sale.
•
37 (c) The site does not contain,or •contained,
• • •
• Housingoccupied bytenantsyea
40 preceding date of application, including
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been demolished or that tenants have vacated prior to the
application for a development permit.
(2) A parcel or parcels on which an owner of residential real
property has exercised their rights under Chapter 12.75
(commencing with Section 7060) of Division 7 of Title 1 to
withdraw accommodations from rent or lease within 15 years prior
to the date that the development proponent submits an application
pursuant to this chapter.
(4)
(d) The residential development complies with all applicable
labor, construction employment, and wage standards otherwise
required by law and any other generally applicable requirement
regarding the approval of a development project, including, but
not limited to, the local government's conditional use or other
discretionary permit approval process, the California
Environmental Quality Act (Division 13 (commencing with Section
21000) of the Public Resources Code), or a streamlined approval
process that includes labor protections.
(e) The residential development complies with all other relevant
standards, requirements, and prohibitions imposed by the local
government regarding architectural design, restrictions on or
oversight of demolition, impact fees, and community benefits
agreements.
(f) The equitable communities incentive shall not be used to
undermine the economic feasibility of delivering low-income
housing under the state density bonus program or a local
implementation of the state density bonus program, or any locally
adopted program that puts conditions on new development
applications on the basis of receiving a zone change or general
plan amendment in exchange for benefits such as increased
affordable housing, local hire, or payment of prevailing wages.
data,within a eotmty that has a population greater than 600,000, base
on the most reeent United States Census Bureatt
that meets
reqttest, an equitable eonttnttnities ineetttive as follows:
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— 51— SB 50
65918.53. A residential development is not eligible for an
equitable communities incentive pursuant to this chapter unless
the residential development meets all of the following criteria:
(a) If the local government has adopted an inclusionary housing
ordinance requiring that the development include a certain number
of units affordable to households with incomes that do not exceed
the limits for moderate income, lower income, very low income,
or extremely low income specified in Sections 50079.5, 50093,
50105, and 50106 of the Health and Safety Code, and that
ordinance requires that a new development include levels of
affordable housing in excess of the requirements specified in
paragraph (2), the residential development complies with that
ordinance. The ordinance may provide alternative means of
compliance that may include, but are not limited to, in -lieu fees,
land dedication, offsite construction, or acquisition and
rehabilitation of existing units.
(b) (1) If the local government has not adopted an inclusionary
housing ordinance, as described in subdivision (a), the residential
development includes an affordable housing contribution for
households with incomes that do not exceed the limits for extremely
low income, very low income, and low income specified in Sections
50093, 50105, and 50106 of the Health and Safety Code.
(2) For purposes of this subdivision, a residential development
satisfies the affordable housing contribution requirement of this
subdivision if the residential development is subject to one of the
following, as applicable:
(A) If the project has 10 or fewer units, no affordability
contribution is imposed.
(B) If the project has 11 to 20 residential units, the development
proponent may pay an in -lieu fee to the local government for
affordable housing, where feasible, pursuant to paragraph (3).
(C) If the project has more than 20 residential units, the
development proponent shall do either of the following:
(i) Make a comparable affordability contribution toward housing
offsite that is affordable to lower income households, pursuant to
paragraph (3).
(ii) Include units on the site of the project that are affordable
to extremely low income, very low income, or lower income
households, as defined in Sections 50079.5, 50105, and 50106 of
the Health and Safety Code, as follows:
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Project Size
Inclusionary Requirement
21-200 units
15% lower income; or
8% very low income; or
6% extremely low income
201-350 units
17% lower income; or
10% very low income; or
8% extremely low income
351 or more units
25% lower income; or
15% very low income; or
11% extremely low income
(3) (A) The development proponent of a project that qualifies
pursuant to subparagraph (B) of, or clause (i) of subparagraph
(C) of, paragraph (2) may make a comparable affordability
contribution toward housing offsite that is affordable to lower
income households, pursuant to this paragraph.
(B) For the purposes of this paragraph, "comparable
affordability contribution" means either a dedication of land or
direct in -lieu fee payment to a housing provider that proposes to
build a residential development in which 100 percent of the units,
excluding manager's units, are sold or rented at affordable housing
cost, as defined in Section 50052.5 of the Health and Safety Code,
or affordable rent, as defined in Section 50053 of the Health and
Safety Code, subject to all of the following conditions:
(i) The site, and, if applicable, the dedicated land are located
within a one-half mile of the qualifying project.
(ii) The site, and, if applicable, the dedicated land are eligible
for an equitable communities incentive.
(iii) The residential development that receives a dedication of
land or in -lieu fee payment pursuant to this paragraph provides
the same number of affordable units at the same income category
that would have been required on the site of the qualifying project
pursuant to clause (ii) of subparagraph (C) of paragraph (2) for
the qualifying project to be eligible for an equitable community
incentive if the development proponent did not make a comparable
affordability contribution.
(iv) The value of the dedicated land or in -lieu fee payment is at
least equal to the capitalized value of the forgone revenue that the
development proponent would have incurred if the qualifying
95
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1 project had provided the required number and type of affordable
2 units onsite.
3 (v) If the qualifying project includes 21 or more units of housing,
4 the comparable affordability contribution is subject to a recorded
5 covenant with the local jurisdiction. A copy of the covenant shall
6 be provided to the Department of Housing and Community
7 Development.
8 (C) For the purposes of this paragraph, "qualifying project"
9 means a project that receives an equitable communities incentive
10 by providing a comparable affordability contribution.
11 (D) The qualifying development shall not be issued a certificate
12 of occupancy before the residential development receiving a
13 dedication of land or direct in -lieu fee payment pursuant to this
14 paragraph receives a building permit.
15 (4) The affordability of units made affordable to meet the
16 requirements of this subdivision shall be restricted by deed for a
17 period of 55 years for rental units or 45 years for units offered for
18 sale.
19 (c) Residents living within one-half mile of the development at
20 time of application shall receive priority for the following:
21 (1) Forty percent of the affordable housing units in the
22 development that are reserved for lower income households.
23 (2) Forty percent of the affordable housing units in the
24 development that are reserved for very low income households.
25 (3) Forty percent of the affordable housing units in the
26 development that are reserved for extremely low income
27 households.
28 65918.54. An eligible applicant that proposes a residential
29 development within a county that has a population greater than
30 600, 000, based on the most recent United States Census Bureau
31 data, shall receive, upon request, an equitable communities
32 incentive as follows:
33 (a) If the residential development is a transit -rich or job -rich
34 housing project, the applicant shall receive both of the following:
35 (A)
36 (1) A waiver from maximum controls on density.
37 (B)
38 (2) A waiver from minimum automobile parking requirements
39 greater than 0.5 automobile parking spots per unit.
40
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—54—
(b) If the residential development
popttlation greater thm 600,000, based ott the most reeettt Unite
Stefts re_...-.. B -...,.a data, `h -a` is located within a one-half mile
radius, but outside a one-quarter mile radius, of a major transit
stop stop, the applicant shall receive, in addition to the incentives
specified in , subdivision (a), waivers from all of the
following:
(1) Maximum height requirements less than 45 feet.
(2) Any requirement governing the relationship between the
size of the parcel and the area that the building may occupy that
would restrict the structure to a FAR of less than 2.5.
(3) Notwithstanding ,
paragraph (2) of subdivision (a), any minimum automobile parking
requirement.
(3) An eligible applieant proposi
(c) If the residential development
population greater thm 600,000, base,.] ott the most reeettt Unite
SteAes CensusBureattdata,`h-01 is located within a one-quarter
mile radius of a major transit-" stop, the applicant shall receive,
in addition to the incentives specified in , subdivision
(a), waivers from all of the following:
(1) Maximum height requirements less than 55 feet.
(2) Any requirement governing the relationship between the
size of the parcel and the area that the building may occupy that
would restrict the structure to a FAR of less than 3.25.
(3) Notwithstanding paragraph (2) of subdivision (a), any
minimum automobile parking requirement.
popttlation less than or equal to 600,000, based on the most reeent,
United States Census Bureatt data, that meets the eriteria spe
in Seetion 65918.52 shall reeeive, upon request, an equitable
eoffmtt_itie .. t4:_., as follows-
(!) A waiver from ma-xittmm eontrols on densitr, sttbjeet to
paragraph (3) of subdivision (e) of Seetion 65918.52.
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eqttal to one
stofr,
of 15
f�et,
above the
highest
allowable
h
3
for mixed
ttse of
residential
ttse. For purposes
of
this parag
4
"highest
-;
allowable2
5
heights that
require
eonditiottal
approval,
allowable
pttrstt
•
.
-- -
.
.. -
.
-
-
.. .
-
.
.. •
9
would restriet
the
strueture
to a FAR of
less than
0.6 ti
10
nttmber of
stories
proposed
for the projeet.
12
as follows -
14
mile faditts
of a
fail
tfansit:
- a popttlati:
-
15
gfeater than
100,000,
based
on the most
- United
16
Getistts Bttrea-tt
data,
the
residential
development
projeet
17
waiver
from
any
mitimmm
:.
omobile
::
18
-:.
19
(B) if the
fesidetitial
development
does
tiot
meet the
ef
1
speeified in
elattse
the
fesidetttial
developm%,Ilt-
-- - inintum
aidtomobile
parking
feqttirle"
22
of more th-an
0.5
::
-::
23
(e) Notwithstanding
:
proprojeet
that qttali-
24
an equitable
eommttttities
itteenti-ve
may
also apply
for a
detl
26
with sttbdi-visioti
(b)
of Seetiott
65915. To
ealettlate
a density
27
- - - --
. .. .
--
.
---
--
--
..
equitable --
- - -
.
-- ---
- -
.
"otherwis.
. allowable
. .
.
_gross.
31
the fesideittial
development
aftef
applying
the eqi
34
standard that
willhave
: physieally
preeltidi."
35
eonstmetion:
development
meeting
the eriteria
: this
_ i
36
and s4division
(b)
of Seetion
65915 at
the unit
eottnt ot:
39
with this subdivision,
bttt
no
additional
waivefs
or reduetions
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—56—
developtnent standards, as deseribed in subdivision (e) of Seetio
65915 shall be permitted-.
(d) The loeal goventmenf shall granf an ineentive requested by
an eligible appliewit purstta-M to this ehapter unless the 1
real property or historie distriet 4tat is listed on a federal or state
(e) An eligible applieant proposing a projeet that meets all o
seetion..
(f) The loeal governmeW may mo4ify or expand the terms o
eonsistettt with, and meets the minintum standards speeified-in-,
this ehaptett
65918.55. (a) An eligible applicant that proposes a residential
development within a county that has a population less than or
equal to 600, 000, based on the most recent United States Census
Bureau data, that meets all of the requirements in subdivision (b)
shall receive, upon request, an equitable communities incentive
as follows:
(1) A waiver from maximum controls on density.
(2) A waiver from maximum height limitations less than or equal
to one story, or 15 feet, above the highest allowable height for
mixed use or residential use. For purposes of this paragraph,
"highest allowable height" means the tallest height, including
heights that require conditional approval, allowable pursuant to
zoning and any specific or area plan that covers the parcel.
(3) Any requirement governing the relationship between the
size of the parcel and the area that the building may occupy that
would restrict the structure to a FAR of less than 0.6 times the
number of stories proposed for the project.
(4) A waiver from minimum automobile parking requirements,
as follows:
(A) If the residential development is located within a one-quarter
mile radius of a rail transit station in a city with a population of
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-57— SB 50
greater than 100, 000, based on the most recent United States
Census Bureau data, the residential development project shall
receive a waiver from any minimum automobile parking
requirement.
(B) If the residential development does not meet the criteria
specified in subparagraph (A), the residential developmentproject
shall receive a waiver from minimum automobile parking
requirements of more than 0.5 parking spaces per unit.
(b) To be eligible for an equitable communities incentive
outlined in subdivision (a), a residential development shall meet
all of the following requirements:
(1) The site satisfies the requirements specified in paragraph
(2) of subdivision (a) of Section 65913.4.
(2) The site is not located within either of the following:
(A) An architecturally or historically significant historic district,
as defined in subdivision (h) of Section 5020.1 of the Public
Resources Code.
(B) A special flood hazard area subject to inundation by the
1 percent annual chance flood (100 year flood), as determined by
the Federal Emergency Management Agency in any official maps
published by the Federal Emergency Management Agency. If a
development proponent is able to satisfy all applicable federal
qualifying criteria in order to provide that the site satisfies this
subparagraph and is otherwise eligible for an equitable
communities incentive under this chapter, a local government shall
not deny the application on the basis that the development
proponent did not comply with any additional permit requirement,
standard, or action adopted by that local government that is
applicable to that site. A development may be located on a site
described in this subparagraph if either of the following are met:
(i) The site has been subject to a Letter of Map Revision
prepared by the Federal Emergency Management Agency and
issued to the local jurisdiction.
(ii) The site meets Federal Emergency Management Agency
requirements necessary to meet minimum flood plain management
criteria of the National Flood Insurance Program pursuant to Part
59 (commencing with Section 59.1) and Part 60 (commencing with
Section 60.1) of Subchapter B of Chapter I of Title 44 of the Code
of Federal Regulations.
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(3) The residential development has a minimum density of 30
dwelling units per acre in jurisdictions considered metropolitan,
as defined in subdivision (f) of Section 65583.2, or a minimum
density of 20 dwelling units per acre in jurisdictions considered
suburban, as defined in subdivision (e) of Section 65583.2.
(4) The residential development is located within a one-half
mile radius of a major transit stop and within a city with a
population greater than 50, 000.
(c) Notwithstanding any other law, a project that qualifies for
an equitable communities incentive may also apply for a density
bonus, incentives or concessions, and parking ratios in accordance
with subdivision (b) of Section 65915. To calculate a density bonus
for a project that receives an equitable communities incentive, the
"otherwise maximum allowable gross residential density," as
described in subdivision (fi of Section 65915, shall be equal to the
proposed number of units in, or the proposed square footage of,
the residential development after applying the equitable
communities incentive received pursuant to this chapter In no
case may a city, county, or city and county apply any development
standard that will have the effect of physically precluding the
construction of a development meeting the criteria of this chapter
and subdivision (b) of Section 65915 at the unit count or square
footage or with the concessions or incentives permitted by this
chapter and as may be increased under Section 65915 in
accordance with this subdivision, but no additional waivers or
reductions of development standards, as described in subdivision
(e) of Section 65915 shall be permitted.
65918.56. (a) The local government shall grant an incentive
requested by an eligible applicant pursuant to this chapter unless
the local government makes a written finding, based on substantial
evidence, that the incentive would have a specific, adverse impact
on any real property or historic district that is listed on a federal
or state register of historical resources and for which there is no
feasible method to satisfactorily mitigate or avoid the speck,
adverse impact without rendering the development unaffordable.
(b) An eligible applicant proposing a project that meets all of
the requirements under Section 65913.4 may submit an application
for streamlined, ministerial approval in accordance with that
section.
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(c) The local government may modify or expand the terms of
an equitable communities incentive provided pursuant to this
chapter, provided that the equitable communities incentive is
consistent with, and meets the minimum standards specified in,
this chapter
cccnv 918.5
65918.57. The Legislature finds and declares that this chapter
addresses a matter of statewide concern rather than a municipal
affair as that term is used in Section 5 of Article XI of the
California Constitution. Therefore, this chapter applies to all cities,
including charter cities.
65nvT918.5--..
65918.58. (a) On or before July 1, 2020, 2023, Sections
65918.51 to 65918.54, inclusive, shall not apply to a potentially
sensitive community. After July 1,402 , 2023, Sections 65918.51
to 65918.54, inclusive, shall apply in any potentially sensitive
community that is not identified as a sensitive community pursuant
to subdivision (b).
(b) On or before July 1, 2020, 2023, sensitive communities in
each county shall be identified and mapped in accordance with the
following:
(1) The council of governments, or the county board of
supervisors in a county without a council of governments, shall
establish a working group comprised of residents of potentially
sensitive communities within the county, ensuring equitable
representation of vulnerable populations, including, but not limited
to, renters, low-income people, and members of classes protected
under the California Fair Employment and Housing Act (Part 2.8
(commencing with Section 12900) of Division 3 of Title 2).
(2) The working group shall develop a map of sensitive
communities within the county, which shall include some or all
of the areas identified as potentially sensitive communities pursuant
to subdivision (i) of Section 65918.50. The working group shall
prioritize the input of residents from each potentially sensitive
community in making a determination about that community.
(3) Each board of supervisors or council of governments shall
adopt the sensitive communities map for the county, along with
an explanation of the composition and function of the working
group and the community process and methodology used to create
the maps, at a public hearing held on or before July 1, 2020.2023.
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—60—
(c) Sections 65918.51 to 65918.54, inclusive, shall apply in a
sensitive community on and after January 1, 2026, unless the city
or county in which the sensitive community is located has adopted
a community plan for an area that includes the sensitive community
that is aimed toward increasing residential density and multifamily
housing choices near transit stops and meets all of the following:
(1) The community plan is not in conflict with the goals of this
chapter.
(2) The community plan permits increased density and
multifamily development near transit, with all upzoning linked to
onsite affordable housing requirements that meet or exceed the
affordable housing requirements in Sections 65918.51 to 65918.54,
inclusive. Community plans shall, at a minimum, be consistent
with the overall residential development capacity and the minimum
affordability standards set forth in Sections 65918.51 to 65918.54,
inclusive, within the boundaries of the community plan.
(3) The community plan includes provisions to protect
vulnerable residents from displacement.
(4) The community plan promotes economic justice for workers
and residents.
(5) The community plan was developed in partnership with at
least one of the following:
(A) A nonprofit or community organization that focuses on
organizing low-income residents in the sensitive community.
(B) A nonprofit or community organization that focuses on
organizing low-income residents in the jurisdiction.
(C) If there are no nonprofit or community organizations
working within the sensitive community or the jurisdiction, a
nonprofit with demonstrated experience conducting outreach to
low-income communities.
(6) Residents of the sensitive community are engaged throughout
the planning process, including through at least three community
meetings that are held at times and locations accessible to
low-income residents.
(7) All public documents and meetings related to the planning
process are translated into all languages spoken by at least 25
percent of residents of the sensitive community.
(8) The community plan is adopted before July 1, 2025.
(d) Each city and each county shall make reasonable efforts to
develop a community plan for any sensitive communities within
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— 61— SB 50
its jurisdiction. A community plan may address other locally
identified priorities, provided they are not in conflict with the intent
of this chapter or any other law. A city or county may designate a
community plan adopted before July 1, 2020, 2023, as the plan
that meets the requirements of this subdivision, provided
that the plan meets all criteria in this section.
(e) Notwithstanding any other provision of this section, Sections
65918.51 to 65918.54, inclusive, shall apply in any sensitive
community if all of the following apply:
(1) At least 20 percent of adult residents of the sensitive
community sign a petition attesting that the community desires to
make the provisions of Sections 65918.51 to 65918.54, inclusive,
applicable in the area. The petition shall describe in plain language
the planning standards set forth in Sections 65918.51 to 65918.54,
inclusive; be translated into all languages spoken by at least 25
percent of residents in the affected area; and collect contact
information from signatories to the petition, including first, middle,
and last name, mailing address, and phone number and email
address if available.
(2) The local government has verified the petition to ensure
compliance with paragraph (1).
(3) Following signature verification, the loeal governme city
or county provides public notice and opportunity to comment to
residents of the affected area and holds a minimum of three public
hearings in the affected area at a time and in a place and manner
accessible to low-income residents and other vulnerable
populations.
(4) The governing body for the city or county in which the
sensitive community is located determines, by majority vote, to
apply this chapter in the affected area.
(f) It is the intent of the Legislature to consider all of the
following:
(1) Tasking local government entities with greater community
connection with convening and administering the process for
identifying sensitive communities.
(2) Requiring review by the Department of Housing and
Community Development of the designation of sensitive
communities.
65918.59. (a) On or before July 1, 2021, the Governor's Office
of Planning and Research, in consultation with the Department
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SB 50
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—62—
of Housing and Community Development, shall develop and
publish on its internet website rules, regulations, or guidelines for
the submission and approval of a local flexibility plan. The rules,
regulations, or guidelines shall include requirements that the local
government demonstrate that the local flexibility plan would do
thefollowing:
(1) Affirmatively further fair housing, as that term is defined in
Section 8899.50, to an extent as great or greater than if the local
government were to grant equitable communities incentives in
fuffillment of Section 65918.51.
(2) Achieve a standard of transportation efficiency as great or
greater than if the local government were to grant equitable
communities incentives in fulfillment of Section 65918.51.
(3) Increase overall feasible housing capacity for households
of lower, moderate, and above moderate incomes, considering
economic factors such as cost of likely construction types,
affordable housing requirements, and the impact of local
development fees.
(b) On or after July 1, 2021, a local government may submit a
local flexibility plan for review and approval by the Department
of Housing and Community Development pursuant to the rules,
regulations, or guidelines adopted pursuant to subdivision (a).
(c) A local government submitting a local flexibility plan and
the Department of Housing and Community Development shall
process, review, and certify the local flexibility plan as
expeditiously as possible after local community planning and
stakeholder outreach is complete.
(d) Any rule, regulation, or guideline developed and published
by the Governor's Office of Planning and Research pursuant to
this section shall not be subject to Chapter 3.5 (commencing with
Section 11340) of Part I of Division 3 of Title 2.
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.
X
95
CITY COUNCIL
DOUG KUEHNE, Mayor
ALAN NAKANISHI,
Mayor Pro Tempore
MARK CHANDLER
BOBJOHNSON
JOANNE MOUNCE
CITY OF LODI
2015 "Wine Region of the Year"
CITY HALL, 221 WEST PINE STREET
P.O. BOX 3006
LODI, CALIFORNIA 95241-1910
(209) 333-6702 / FAX (209) 333-6807
www.lodi.gov cityclerk@lotii.gov
January 28, 2020
The Honorable Scott Wiener
Senator, California State Senate
State Capitol Building, Room 5100
Sacramento, CA 95814
STEPHEN SCHWABAUER
City Manager
PAMELA M. FARRIS
Assistant City Clerk
JANICE D. MAGDICH
City Attorney
RE: SB 50 (Wiener) Planning and Zoning. Housing Development Incentives
Oppose Unless Amended (as amended 01/06/2020)
Dear Senator Wiener:
The City of Lodi must continue to oppose SB 50 unless the measure is further amended
to address our key concerns. The amendments taken on January 6, 2020 do not take
into account our primary objections to SB 50. However, City of Lodi is pleased to see
that recent amendments attempt to create an alternative planning process for
jurisdictions to develop a "local flexibility plan" that, if approved by the California
Department of Housing and Community Development (HCD), would exempt cities from
nearly all aspects of SB 50 with the exception of requiring fourplexes in single-family
zones. Unfortunately, we cannot evaluate whether the "local flexibility plan" is a viable
alternative because the amendments do not clearly identify the elements of the plan.
Specific Concerns with the. January 6, 2020 Amendments
It appears that the intent of the amendments are to provide local governments with an
opportunity to develop their own plan to meet the goals and objectives of SB 50.
Although the goal of increased density around transit is clear; the goal of the bill
regarding a jobs -rich housing project is not.
The amendments, as drafted, raise the following concerns:
Without clearly identified criteria, we are unable to evaluate whether the
"local flexibility plan" is actually a viable alternative planning option.
OPR and HCD are tasked with developing "rules, regulations, or guidelines"
for the submission and approval of a "local flexibility plan" without sufficient
direction from the Legislature. This rulemaking process is exempt from the
Administrative Procedures Act, thus allowing the Office of Planning and Research
(OPR) and HCD to craft rules, regulations, or guidelines with little to no public
input or oversight.
The elements of the plan are not clear: Further Legislative direction is
required.
o "Achieve a standard of transportation efficiency as great as or greater than
if the local government were to grant equitable communities incentives."
SB 50 does not contain any language regarding "transportation efficiency."
Therefore, it is not possible to determine how HCD, OPR, or a local
government will determine how to meet this standard or how a "local
flexibility plan" is expected to comply with this standard.
o "Increase overall feasible housing capacity for households of lower,
moderate, and above moderate incomes, considering economic factors
such as cost of likely construction types, affordable housing requirements,
and the impact of local development fees." The override provisions of
SB 50 do not contain any language regarding "feasible housing capacity
for households of lower, moderate, and above moderate incomes," nor do
they address "economic factors such as cost of likely construction types,
affordable housing requirements, and the impact of local development
fees." Therefore, it is not possible to determine how HCD, OPR, or a local
government will determine how to meet this standard or how a "local
flexibility plan" is expected to comply with this standard.
o SB 50's "community plan" for sensitive communities provides a much
clearer alternative and should be considered as a possible alternative
planning process for all jurisdictions.
For these reasons, the City of Lodi opposes SB 50 unless amended.
Sincerely,
/s/ M7eu - GKU,-kne
Doug Kuehne
Mayor, City of Lodi
cc: Senator Cathleen Galgiani, Fax: (916) 651-4905
Assemblymember Jim Cooper, Fax: (916) 319-2109
Stephen Qualls, League of California Cities, sauails[cacacities.ora
Meg Desmond, League of California Cities, cit letters cacities.or
FACSIMILE COVER SHEET
CITY CLERK'S OFFICE
221 WEST PINE STREET - P.O. BOX 3006
LODI, CALIFORNIA 95241-1910
PHONE (209) 333-6702 FAX (209) 333-6807
cityclrk((@'1ndi ov_ or pfarris .lodi._ov
DATE: January 28, 2020
FROM: Pamela M. Farris
Assistant City Clerk
TO: Assemblymember Jim Cooper, 916-319-2109
Senator Cathleen Galgiani, 916-651-4905
COMMENTS: Attached please find the Notice of Opposition Unless
Amended for SB 50 (Wiener), Planning and Zoning, Housing
Development Incentives.
THIS TRANSMITTAL CONTAINS 3 PAGE(S), INCLUDING THIS COVER SHEET.
fortes\aafaxjen.doc
01/28/2020 TUE 12:34 FAX 2001
JOB NO.
DEPT. ID
PGS.
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***************************
*** FAX MULTI TX REPORT ***
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0610
101
3
919163192109
919166514905
Cooper
Galgiani
FACSIMILE COVER SKEET
°? CITY CLERK'S OFFICE
221 WEST PINE STREET - P.O. BOX 3006
LODI, CALIFORNIA 95241-1910
PHONE (209) 333-6702 FAX (209) 333-6807
citvclrk Q lodi.gav or pfarris r lodl.gov
DATE: January 28, 2020
FROM: Pamela M. Farris
Assistant City Clerk
TO: Assemblymember Jim Cooper, 916-319-2109
Senator Cathleen Galgiani, 916-651-4905
COMMENTS: Attached please find the Notice of Opposition Unless
Amended for SB 50 (Wiener), Planning and Zoning, Housing
Development Incentives.
THIS TRANSMITTAL CONTAINS 3 PAGE(S), INCLUDING THIS COVER SHEET.
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