2019 May 21 - CC PACKET REVREVISED AGENDA
EL SEGUNDO CITY COUNCIL
COUNCIL CHAMBER -
350 MAIN STREET
The City Council, with certain statutory exceptions, can only take action upon properly posted and listed
agenda items. Any writings or documents given to a majority of the City Council regarding any matter on
this agenda that the City received after issuing the agenda packet, are available for public inspection in
the City Clerk's office during normal business hours. Such Documents may also be posted on the City's
website at www.elsegundo.org and additional copies will be available at the City Council meeting.
Unless otherwise noted in the Agenda, the Public can only comment on City -related business that is
within the jurisdiction of the City Council and/or items listed on the Agenda during the Public
Communications portions of the Meeting. Additionally, the Public can comment on any Public Hearing
item on the Agenda during the Public Hearing portion of such item. The time limit for comments is five (5)
minutes per person.
Before speaking to the City Council, please come to the podium and state: Your name and residence
and the organization you represent, if desired. Please respect the time limits.
Members of the Public may place items on the Agenda by submitting a Written Request to the City Clerk
or City Manager's Office at least six days prior to the City Council Meeting (by 2:00 p.m. the prior
Tuesday). The request must include a brief general description of the business to be transacted or
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they are submitted to the City Clerk two (2) working days prior to the meeting and they do not exceed five
(5) minutes in length.
In compliance with the Americans with Disabilities Act, if you need special assistance to
participate in this meeting, please contact City Clerk, 524-2305. Notification 48 hours prior to the
meeting will enable the City to make reasonable arrangements to ensure accessibility to this
meeting.
REGULAR MEETING OF THE EL SEGUNDO CITY COUNCIL
TUESDAY, MAY 21, 2019 - 6:00 P.M.
Under Reports - City Council Members — Mayor Boyles
Added Item #18
Letter of Opposition to Senate Bill 50
6:00 P.M. SESSION
CALL TO ORDER
INVOCATION — Pastor Charles Brady, The Lutheran Church
PLEDGE OF ALLEGIANCE — Mayor Pro Tern Pirsztuk
PRESENTATIONS
a) Presentation — Fire Department introduction of Deena Lee, Battalion
Chief.
b) Proclamation — National Public Works Week, May 19-25, 2019.
c) Presentation - Police Chief, Michael Ishii, and Hawthorne Police
Department, thanking the EI Segundo Police Department for their
response to a recent officer involved shooting.
d) Presentations — Certificates to be presented to AYSO All Stars Region 92-
U12 Girls Division.
ROLL CALL
PUBLIC COMMUNICATIONS — (Related to City Business Only — 5 minute limit per
person, 30 minute limit total) Individuals who have received value of $50 or more to communicate
to the City Council on behalf of another, and employees speaking on behalf of their employer, must so
identify themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and
punishable by a fine of $250. While all comments are welcome, the Brown Act does not allow Council to
take action on any item not on the agenda. The Council will respond to comments after Public
Communications is closed.
CITY COUNCIL COMMENTS — (Related to Public Communications)
A. PROCEDURAL MOTIONS
Consideration of a motion
Agenda by title only.
Recommendation — Approval.
to read all ordinances and resolutions on the
B. SPECIAL ORDERS OF BUSINESS (PUBLIC HEARING)
1. Consideration and possible action regarding approval of an amendment to
Environmental Assessment No. EA -1154, amendment to Specific Plan No.
SP 16-01, amended and restated conditions of approval and a Second
Amendment to Development Agreement No. DA 16-01, amending the
requirement that the developer provide six affordable units for low, very
low and extremely low qualified households within the residential
development to increase the number of affordable units to eight and to
allow the eight units to be purchased by qualified moderate income
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households. An Addendum to the Environmental Impact Report (EIR) for
the development project was certified by the City Council on September 28,
2016. The requested revision to the affordable housing requirement does
not introduce new significant environmental effects or substantially
increase the severity of the environmental impacts that previously were
identified and analyzed in the certified EIR Addendum. Additionally, the
project does not include changed circumstances or new information, which
were not known at the time the EIR was certified, that would require the
preparation of a subsequent environmental analysis pursuant to CEQA
Guidelines. (Applicant: DR Horton CA2, Inc.).
(Fiscal Impact: As part of the proposed amendment, the developer has
agreed to provide the City an additional $100,000 for the City's costs of
administering the program for two additional units.)
Recommendation — 1) Continue the public hearing to June 18, 2019; 2)
Alternatively, discuss and take other action related to this item.
C. UNFINISHED BUSINESS
2. Consideration and possible action to approve the City of EI Segundo
Communications Plan.
(Fiscal Impact: None)
Recommendation — 1) Approve the City of EI Segundo Communications Plan; 2)
Alternatively, discuss and take other action related to this item.
D. REPORTS OF COMMITTEES, COMMISSIONS AND BOARDS
E. NEW BUSINESS
3. Consideration and possible action to approve the purchase of emergency
supplies for city facilities and disaster go -kits for city disaster service
workers.
(Fiscal Impact: $65,660.06
Recommendation — 1) Approve the vendor and procurement of materials; 2)
Alternatively, discuss and take other action related to this item.
4. Consideration and possible action regarding the City Council to receive
and file the Comprehensive Annual Financial Report (CAFR) for fiscal year
ending September 30, 2018.
(Fiscal Impact: $0)
Recommendation — 1) City Council receive and file the Comprehensive Annual
Financial Report (CAFR) for fiscal year ending September 30, 2018 (attachment
A); 2) Alternatively, discuss and take other action related to this item.
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F. CONSENT AGENDA
All items listed are to be adopted by one motion without discussion and passed unanimously. If a call for
discussion of an item is made, the item(s) will be considered individually under the next heading of
business.
5. Warrant Numbers 3025846 through 3025936 and 9000908 through 9000908
on Register No. 14c in the total amount of $366,501.47 and Wire Transfers
from 4/22/19 through 4/28/19 in the total amount of $452,806.88. Warrant
Numbers 3025937 through 3026058 and 9000909 through 9000946 on
Register No. 15a in the total amount of $486,486.32 and Wire Transfers from
4/29/19 through 5/5/19 in the total amount of $298,675.67. Warrant Numbers
3026059 through 3026127 and 9000947 through 9000947 on Register No.
15b in the total amount of $291,296.36 and Wire Transfers from 5/6/19
through 5/12/19 in the total amount of $3,147,781.82.
Recommendation — Approve Warrant Demand Register and authorize staff to
release. Ratify Payroll and Employee Benefit checks; checks released early due
to contracts or agreement; emergency disbursements and/or adjustments; and
wire transfers.
6. Regular City Council Meeting Minutes
Council Meeting Minutes of May 13, 2019.
Recommendation — 1) Approval
of May 7, 2019 and Special City
7. Consideration and possible action regarding a request to allow alcohol
service at the expansion of an existing restaurant to serve beer and wine
for on-site consumption. Brewport Tap House is located at 200 Main Street,
within the Downtown Specific Plan area. EA 1241 AUP 19-01 Applicant:
Kristian Krieger, Brewport Tap House.
(Fiscal Impact: None
Recommendation — 1) Receive and file this report without objecting to the
issuance of the alcohol permit for the Expansion of the restaurant at 200 Main
Street; 2) Alternatively, discuss and take other action related to this item.
8. Consideration and possible action to authorize the City Manager to amend
contracts with the following consultants for Fiscal Year FY 2018/19 by
$260,000: J Lee Engineering, JAS Pacific, and Hayer Consultants, Inc.
(Fiscal Impact: None) .
Recommendation — 1) Authorize the City Manager to amend
agreements with the following consultants: J Lee Engineering, and
the existing
JAS Pacific,
and Hayer Consultants, Inc. to increase the respective contract amounts by a
total amount not to exceed $260,000; 2) Alternatively, discuss and take other
action related to this item.
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9. Consideration and possible action to receive an informational report on the
use of the Request for Proposal (RFP) process for the selection of
Consultants for plan review, inspection, and supplemental services for the
Department of Planning and Building Safety for Fiscal Year (FY) 2019-2020.
(Fiscal Impact: None)
Recommendation — 1) Receive and file an informational report on the use of the
Request for Proposal (RFP) for the selection of Consultants for plan review,
inspection, and supplemental services for the Department of Planning and
Building Safety for Fiscal Year (FY) 2019-2020; 2) Alternatively, discuss and take
other action related to this item.
10. Consideration and possible action to approve a one-year renewal
agreement in a form approved by the City Attorney with the City of
Redondo Beach for operation of Beach Cities Transit (BCT) Line 109 for
FY2019/2020
(Fiscal Impact: None)
Recommendation — 1) Approve a one-year renewal of the agreement with BCT
for operation of Transit Line 109; 2) Authorize the Mayor to execute Transit
Service Operation Agreement in a form approved by the City Attorney; 3)
Alternatively, discuss and take other action related to this item.
11. Consideration and possible action to approve a Resolution and Letter of
Support for AB 1694, San Gabriel and Lower Los Angeles Rivers and
Mountains Conservancy. territory. Dominguez Channel watershed and
Santa Catalina Island.
(Fiscal Impact: None)
Recommendation — 1) Approve the Resolution and Letter of Support for AB
1694; 2) Alternatively, discuss and take other action related to this item.
12. Consideration and possible action to adopt a proposed ordinance
amending EI Segundo Municipal Code Chapter 1-7C to increase the dollar
limit for the administrative "no bid" award of Public Works Contracts in
accordance with state law.
(Fiscal Impact: None)
Recommendation — 1) Adopt proposed Ordinance; 2) Alternatively, discuss and
take other action related to this item.
13. Consideration and possible action to accept as complete the Pump Station
#1 & #7 Modification, Project No. PW 16-07.
(Fiscal Impact: $4,036,861.13)
Recommendation — 1) Accept the work as complete; 2) Authorize the City Clerk
to file a Notice of Completion with the County Recorder's Office; 3) Authorize to
increase the construction related contingencies from $324,895.00 to
$787,911.13; 4) Alternatively, discuss and take other action related to this item.
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14. Consideration and possible action regarding authorizing the City Manager
to pre -pay the City's unfunded liability contribution to California Public
Employees Retirement System (CaIPERS) for the CalPERS Fiscal Year (FY)
2019-20.
(Fiscal Impact: savings of $323,073: $80,768 in FY 2018-19 and $242,305 in
FY 2019-20)
Recommendation — 1) Authorize City Manager to execute the unfunded annual
liability (UAL) prepayment option to CalPERS in the total amount of $9,071,054
resulting in a total savings of $323,073 to the City; 2) Alternatively, discuss and
take other action related to this item.
15. Consideration and possible action authorizing the Fire Department to
purchase public safety mobile and portable radios, accessories and
required programming from the South Bay Regional Public
Communications Authority to maintain emergency radio communications.
(Fiscal Impact: $75,598.98)
Recommendation — 1) Authorize the Fire Department to purchase public safety
mobile radios, portable radios, accessories and programming from the South Bay
Regional Public Communications Authority to maintain emergency radio
communications; 2) Alternatively, discuss and take other action related to this
item.
16. Consideration and possible action to adopt a City Council Resolution of 1)
Recognizing the EI Segundo Supervisory and Professional Employees
Association ("ESSPEA"or "SPEA") as exclusive representative of the
Supervisory and Professional Employees bargaining unit; 2) Decertifying
the California Teamsters, Public, Professional and Medical Union, Local
911 ("Local 911") as the exclusive representative of that Unit, 3) applying
the Memorandum of Understanding with Local 911 to SPEA for the balance
of its term for purposes of continuity; and 4) Authorizing labor negotiations
with SPEA.
(Fiscal Impact: There is no direct fiscal impact of this recognition of SPEA
as exclusive representative of the City's Supervisory and Professional
employees).
Recommendation — 1) Approve the Recognition of SPEA; 2) Adopt the
Resolution Recognizing SPEA as exclusive representative for the Supervisory
and Professional Employees; decertifying Teamsters SPEA, and applying
Teamsters SPEA MOU to SPEA; 3) Authorize labor negotiations with SPEA on
successor MOU; 4) Alternatively, discuss and take other action related to this
item.
G. REPORTS —CITY MANAGER
H. REPORTS —CITY ATTORNEY
R
C:
I. REPORTS — CITY CLERK
J. REPORTS — CITY TREASURER
K. REPORTS — CITY COUNCIL MEMBERS
Council Member Pimentel —
Council Member Nicol —
Council Member Brann —
Mayor Pro Tem Pirsztuk —
Mayor Boyles —
17. Consideration and possible action for the Council to direct staff to develop
ideas for programs that honor and celebrate EI Segundo's military
veterans.
(Fiscal Impact: TBD)
Recommendation — 1) Provide staff with direction to develop ideas for programs
that honor and celebrate EI Segundo's military veterans; 2) Alternatively, discuss
and take other action related to this item.
18. Consideration and possible action to direct staff to prepare a letter of
opposition to Senate Bill 50 by Senator Scott Wiener.
(Fiscal Impact: None with this action)
Recommendation — 1) Direct staff to prepare and send a letter under the Mayor's
name to oppose S1350; 2) Alternatively, discuss and take other possible action
related to this item.
PUBLIC COMMUNICATIONS — (Related to City Business Only — 5 minute limit per
person, 30 minute limit total) Individuals who have receive value of $50 or more to communicate
to the City Council on behalf of another, and employees speaking on behalf of their employer, must so
identify themselves prior to addressing the City Council. Failure to do so shall be a misdemeanor and
punishable by a fine of $250. While all comments are welcome, the Brown Act does not allow Council to
take action on any item not on the agenda. The Council will respond to comments after Public
Communications is closed.
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MEMORIALS -
CLOSED SESSION
The City Council may move into a closed session pursuant to applicable law, including the Brown Act
(Government Code Section §54960, It sem.) for the purposes of conferring with the City's Real Property
Negotiator, • and/or conferring with the City Attorney on potential and/or existing litigation; and/or
discussing matters covered under Government Code Section §54957 (Personnel); and/or conferring with
the City's Labor Negotiators.
REPORT OF ACTION TAKEN IN CLOSED SESSION (if required)
ADJOURNMENT
POSTED:
DATE: r4A�
TIME: !o ' A'
n
NAME:./' �'�-`
EL SEGUNDO CITY COUNCIL
MEETING DATE: May, 212019
AGENDA STATEMENT AGENDA HEADING: Mayor Boyles
AGENDA DESCRIPTION:
Consideration and possible action to direct staff to prepare a letter of opposition to Senate Bill 50
by Senator Scott Wiener.
(Fiscal Impact: None with this action)
RECOMMENDED COUNCIL ACTION:
1. Direct staff to prepare and send a letter under the Mayor's name to oppose S1350.
2. Alternatively, discuss and take other possible action related to this item.
ATTACHED SUPPORTING DOCUMENTS:
1. Senate Bill No. 50 (Amended in May 1, 2019)
FISCAL IMPACT: None
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
STRATEGIC PLAN:
Goal: 2 Support Community Safety and Preparedness
Objective: El Segundo is a safe and prepared community
ORIGINATED BY: Greg Carpenter, City Manager
REVIEWED BY:
APPROVED BY: Drew Boyles, Mayor
BACKGROUND AND DISCUSSION
Senate Bill 50 may mandate local cities to allow developers to override local plans and avoid
local zoning requirements for standards like density, parking, building height and design
standards and limits input by community residents and local elected officials.
The impacts of SB50 to the City of El Segundo are unclear at this time because the draft statutes
are vague about various elements and definitions. Criteria described in the latest draft of SB50
are entirely unpredictable from city's perspective and seem to provide the State with too broad of
a hand in defining future developments.
I recommend that the City Council consider directing staff to prepare a letter under the Mayor's
name opposing SB50 and sending it to the state.
IR9
AMENDED 1N SENATE MAY 1, 2019
AMENDED IN SENATE MARCH 11, 2019
SENATE BILL No. 50
Introduced by Senator Wiener
(Coauthors: Senators Caballero, Hueso, Moorlach, Skinner, and
Stone)
(Coauthors: Assembly Members Burke, Chu, Diep, Fong, Kalra, Kiley,
Low, McCarty, 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$f of, the Government Code, relating
to housing.
LEGISLATIVE COUNSEL'S DIGEST
SB 50, as amended, Wiener. Planning and zoning: housing
development: incentives.
Existing
(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
multifamily project" to mean a project to construct a multifamily
structure on vacant land, or to convert an existing structure that does
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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; otherwise, the development is 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 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
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environment. CEQA does not apply to the approval of ministerial
projects.
This bill would establish a streamlined ministerial approval process
for neighborhood multifamily and transit -oriented projects, thereby
exempting these projects from the CE QA 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 bill would require a 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 tiaic 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-reeeiv receive,
upon request, waivers from maximum controls on density and minimum
eontrols sn automobile parking requirements greater than 0.5 parking
spots per ,
Density Bonus Eaw, an–d unit. The bill would require that a residential
development also receive specified additional waivers if the residential
development is located within a V, -mile or Y, -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 Iimitations; maximum height limitations less
than or equal to one story, or 15 feet, above the highest alto tivable height
for mixed use or residential use; maximum floor area ratio requirements
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SB 50 —4—
less
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less than 0.6 times the number of stories in the proposed project; 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 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
would also delay implementation of these provisions in potentially
sensitive communities, as defined, until July 1, 2020, as pmvided. 2020.
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 specked 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.
By adding to the duties of ioeal ph=ing affieials, this bill wetild
The Housing Accountability Act prohibits a local agency from
disapproving, or conditioning approval in a manner that renders
infeasible, a housing development project , ar
moderate income households or an ernergeney shelte 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
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SB 50
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.
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:
1 SECTION 1. Section 65589.5 of the Government Code is
2 amended to read:
3 65589.5. (a) (1) The Legislature finds and declares all of the
4 following:
5 (A) The lack of housing, including emergency shelters, is a
6 critical problem that threatens the economic, environmental, and
7 social quality of life in California.
8 (B) California housing has become the most expensive in the
9 nation. The excessive cost of the state's housing supply is partially
10 caused by activities and policies of many local governments that
11 limit the approval of housing, increase the cost of land for housing,
12 and require that high fees and exactions be paid by producers of
13 housing.
14 (C) Among the consequences of those actions are discrimination
15 against low-income and minority households, lack of housing to
16 support employment growth, imbalance in jobs and housing,
17 reduced mobility, urban sprawl, excessive commuting, and air
18 quality deterioration.
19 (D) Many local governments do not give adequate attention to
20 the economic, environmental, and social costs of decisions that
21 result in disapproval of housing development projects, reduction
22 in density of housing projects, and excessive standards for housing
23 development projects.
24 (2) In enacting the amendments made to this section by the act
25 adding this paragraph, the Legislature further finds and declares
26 the following:
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(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
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
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SB 50
1 middle-class households. California's cumulative housing shortfall
2 therefore has not only national but international environmental
3 consequences.
4 (J) California's housing picture has reached a crisis of historic
5 proportions despite the fact that, for decades, the Legislature has
6 enacted numerous statutes intended to significantly increase the
7 approval, development, and affordability of housing for all income
8 levels, including this section.
9 (K) The Legislature's intent in enacting this section in 1982 and
10 in expanding its provisions since then was to significantly increase
11 the approval and construction of new housing for all economic
12 segments of California's communities by meaningfully and
13 effectively curbing the capability of local governments to deny,
14 reduce the density for, or render infeasible housing development
15 projects and emergency shelters. That intent has not been fulfilled.
16 (L) It is the policy of the state that this section should be
17 interpreted and implemented in a manner to afford the fullest
18 possible weight to the interest of, and the approval and provision
19 of, housing.
20 (3) It is the intent of the Legislature that the conditions that
21 would have a specific, adverse impact upon the public health and
22 safety, as described in paragraph (2) of subdivision (d) and
23 paragraph (1) of subdivision (j), arise infrequently.
24 (b) It is the policy of the state that a local government not reject
25 or make infeasible housing development projects, including
26 emergency shelters, that contribute to meeting the need determined
27 pursuant to this article without a thorough analysis of the economic,
28 social, and environmental effects of the action and without
29 complying with subdivision (d).
30 (c) The Legislature also recognizes that premature and
31 unnecessary development of agricultural lands for urban uses
32 continues to have adverse effects on the availability of those lands
33 for food and fiber production and on the economy of the state.
34 Furthermore, it is the policy of the state that development should
35 be guided away from prime agricultural lands; therefore, in
36 implementing this section, local jurisdictions should encourage,
37 to the maximum extent practicable, in filling existing urban areas.
38 (d) A local agency shall not disapprove a housing development
39 project, including farmworker housing as defined in subdivision
40 (h) of Section 50199.7 of the Health and Safety Code, for very
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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
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-speeifre speck, adverse impact without
rendering the development unaffordable to low- and
moderate -income households or rendering the development of the
emergency shelter financially infeasible. As used in this paragraph,
a "specific, adverse impact" means a significant, quantifiable,
direct, and unavoidable impact, based on objective, identified
written public health or safety standards, policies, or conditions
as they existed on the date the application was deemed complete.
Inconsistency with the zoning ordinance or general plan land use
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designation shall not constitute a specific, adverse impact upon
the public health or safety.
(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
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
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1 of the general plan for residential uses or designated in any element
2 of the general plan for commercial uses if residential uses are
3 permitted or conditionally permitted within commercial
4 designations. In any action in court, the burden of proof shall be
5 on the local agency to show that its housing element does identify
6 adequate sites with appropriate zoning and development standards
7 and with services and facilities to accommodate the local agency's
8 share of the regional housing need for the very low, low-, and
9 moderate -income categories.
10 (C) If the local agency has failed to identify a zone or zones
11 where emergency shelters are allowed as a permitted use without
12 a conditional use or other discretionary permit, has failed to
13 demonstrate that the identified zone or zones include sufficient
14 capacity to accommodate the need for emergency shelter identified
15 in paragraph (7) of subdivision (a) of Section 65583, or has failed
16 to demonstrate that the identified zone or zones can accommodate
17 at least one emergency shelter, as required by paragraph (4) of
18 subdivision (a) of Section 65583, then this paragraph shall not be
19 utilized to disapprove or conditionally approve an emergency
20 shelter proposed for a site designated in any element of the general
21 plan for industrial, commercial, or multifamily residential uses. In
22 any action in court, the burden of proof shall be on the local agency
23 to show that its housing element does satisfy the requirements of
24 paragraph (4) of subdivision (a) of Section 65583.
25 (e) Nothing in this section shall be construed to relieve the local
26 agency from complying with the congestion management program
27 required by Chapter 2.6 (commencing with Section 65088) of
28 Division 1 of Title 7 or the California Coastal Act of 1976
29 (Division 20 (commencing with Section 30000) of the Public
30 Resources Code). Neither shall attything Nothing in this section
31 shall be construed to relieve the local agency from making one or
32 more of the findings required pursuant to Section 21081 of the
33 Public Resources Code or otherwise complying with the California
34 Environmental Quality Act (Division 13 (commencing with Section
35 21000) of the Public Resources Code).
36 (f) (1) Nothing in this section shall be construed to prohibit a
37 local agency from requiring the housing development project to
38 comply with objective, quantifiable, written development standards,
39 conditions, and policies appropriate to, and consistent with, meeting
40 the jurisdiction's share of the regional housing need pursuant to
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1 Section 65584. However, the development standards, conditions,
2 and policies shall be applied to facilitate and accommodate
3 development at the density permitted on the site and proposed by
4 the development.
5 (2) Nothing in this section shall be construed to prohibit a local
6 agency from requiring an emergency shelter project to comply
7 with objective, quantifiable, written development standards,
8 conditions, and policies that are consistent with paragraph (4) of
9 subdivision (a) of Section 65583 and appropriate to, and consistent
10 with, meeting the jurisdiction's need for emergency shelter, as
11 identified pursuant to paragraph (7) of subdivision (a) of Section
12 65583. However, the development standards, conditions, and
13 policies shall be applied by the local agency to facilitate and
14 accommodate the development of the emergency shelter project.
15 (3) This section does not prohibit a local agency from imposing
16 fees and other exactions otherwise authorized by law that are
17 essential to provide necessary public services and facilities to the
18 housing development project or emergency shelter.
19 (4) For purposes of this section, a housing development project
20 or emergency shelter shall be deemed consistent, compliant, and
21 in conformity with an applicable plan, program, policy, ordinance,
22 standard, requirement, or other similar provision if there is
23 substantial evidence that would allow a reasonable person to
24 conclude that the housing development project or emergency
25 shelter is consistent, compliant, or in conformity.
26 (g) This section shall be applicable to charter cities because the
27 Legislature finds that the lack of housing, including emergency
28 shelter, is a critical statewide problem.
29 (h) The following definitions apply for the purposes of this
30 section:
31 (1) "Feasible" means capable of being accomplished in a
32 successful manner within a reasonable period of time, taking into
33 account economic, environmental, social, and technological factors.
34 (2) "Housing development project" means a use consisting of
35 any of the following:
36 (A) Residential units only.
37 (B) Mixed-use developments consisting of residential and
38 nonresidential uses with at least two-thirds of the square footage
39 designated for residential use.
40 (C) Transitional housing or supportive housing.
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(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
cost that does not exceed 30 percent of 60 percent of area median
income with adjustments for household size made in accordance
with the adjustment factors on which the lower income eligibility
limits are based. Housing units targeted for persons and families
of moderate income shall be made available at a monthly housing
cost that does not exceed 30 percent of 100 percent of area median
income with adjustments for household size made in accordance
with the adjustment factors on which the moderate -income
eligibility limits are based.
(4) "Area median income" means area median income as
periodically established by the Department of Housing and
Community Development pursuant to Section 50093 of the Health
and Safety Code. The developer shall provide sufficient legal
commitments to ensure continued availability of units for very low
or low-income households in accordance with the provisions of
this subdivision for 30 years.
(5) "Disapprove the 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.
(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 the application is deemed complete pursuant to
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Section 65943, that have a substantial adverse effect on the viability
or affordability of a housing development for very low, low-, or
moderate -income households, and the denial of the development
or the imposition of 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. For purposes of this
section, "lower density" includes any conditions that have the same
effect or impact on the ability of the project to provide housing.
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 housing development project's application is
determined to be 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,
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
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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 in 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.
(5) For purposes of this section, "lower density" includes any
conditions that have the same effect or impact on the ability of the
project to provide housing.
(k) (1) (A) The applicant, a person who would be eligible to
apply for residency in the development or emergency shelter, or
a housing organization may bring an action to enforce this section.
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1 If, in any action brought to enforce this section, a court finds that
2 either (i) the local agency, in violation of subdivision (d),
3 disapproved a housing development project or conditioned its
4 approval in a manner rendering it infeasible for the development
5 of an emergency shelter, or housing for very low, low-, or
6 moderate -income households, including farmworker housing,
7 without making the findings required by this section or without
8 making findings supported by a preponderance of the evidence,
9 or (ii) the local agency, in violation of subdivision 0), disapproved
10 a housing development project complying with applicable,
11 objective general plan and zoning standards and criteria, or imposed
12 a condition that the project be developed at a lower density, without
13 making the findings required by this section or without making
14 findings supported by a preponderance of the evidence, the court
15 shall issue an order or judgment compelling compliance with this
16 section within 60 days, including, but not limited to, an order that
17 the local agency take action on the housing development project
18 or emergency shelter. The court may issue an order or judgment
19 directing the local agency to approve the housing development
20 project or emergency shelter if the court finds that the local agency
21 acted in bad faith when it disapproved or conditionally approved
22 the housing development or emergency shelter in violation of this
23 section. The court shall retain jurisdiction to ensure that its order
24 or judgment is carried out and shall award reasonable attorney's
25 fees and costs of suit to the plaintiff or petitioner, except under
26 extraordinary circumstances in which the court finds that awarding
27 fees would not further the purposes of this section. For purposes
28 of this section, "lower density" includes conditions that have the
29 same effect or impact on the ability of the project to provide
30 housing.
31 (B) (i) Upon a determination that the local agency has failed
32 to comply with the order or judgment compelling compliance with
33 this section within 60 days issued pursuant to subparagraph (A),
34 the court shall impose fines on a local agency that has violated this
35 section and require the local agency to deposit any fine levied
36 pursuant to this subdivision into a local housing trust fund. The
37 local agency may elect to instead deposit the fine into the Building
38 Homes and Jobs Trust Fund, if Senate Bill 2 of the 2017-18
39 Regular Session is enacted, or otherwise in the Housing
40 Rehabilitation Loan Fund. The fine shall be in a minimum amount
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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
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.
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1 (2) For purposes of this subdivision, "housing organization"
2 means a trade or industry group whose local members are primarily
3 engaged in the construction or management of housing units or a
4 nonprofit organization whose mission includes providing or
5 advocating for increased access to housing for low-income
6 households and have filed written or oral comments with the local
7 agency prior to action on the housing development project. A
8 housing organization may only file an action pursuant to this
9 section to challenge the disapproval of a housing development by
10 a local agency. A housing organization shall be entitled to
11 reasonable attorney's fees and costs if it is the prevailing party in
12 an action to enforce this section.
13 (0 if the court finds that the local agency (1) acted in bad faith
14 when it disapproved or conditionally approved the housing
15 development or emergency shelter in violation of this section and
16 (2) failed to carry out the court's order or judgment within 60 days
17 as described in subdivision (k), the court, in addition to any other
18 remedies provided by this section, shall multiply the fine
19 determined pursuant to subparagraph (B) of paragraph (1) of
20 subdivision (k) by a factor of five. For purposes of this section,
21 "bad faith" includes, but is not limited to, an action that is frivolous
22 or otherwise entirely without merit.
23 (m) Any action brought to enforce the provisions of this section
24 shall be brought pursuant to Section 1494.5 of the Code of Civil
25 Procedure, and the local agency shall prepare and certify the record
26 of proceedings in accordance with subdivision (c) of Section 1094.6
27 of the Code of Civil Procedure no later than 30 days after the
28 petition is served, provided that the cost of preparation of the record
29 shall be borne by the local agency, unless the petitioner elects to
30 prepare the record as provided in subdivision (n) of this section.
31 A petition to enforce the provisions of this section shall be filed
32 and served no later than 90 days from the later of (1) the effective
33 date of a decision of the local agency imposing conditions on,
34 disapproving, or any other final action on a housing development
35 project or (2) the expiration of the time periods specified in
36 subparagraph (B) of paragraph (5) of subdivision (h). Upon entry
37 of the trial court's order, a party may, in order to obtain appellate
38 review of the order, file a petition within 20 days after service
39 upon it of a written notice of the entry of the order, or within such
40 further time not exceeding an additional 20 days as the trial court
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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) 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 satisfies the requirements specified in pay ugraphs
(2) and (6) of subdivision (a) of Section 65913.4.
(2) The development of the project on the proposed parcel would
not require the demolition or alteration of any of the following
types of housing:
(A) Housing that is subject to a recorded covenant, ordinance,
or law that restricts rents to levels affordable to persons and
families of moderate, low, or very low income.
(B) Housing that is subject to any form of rent or price control
through a public entity's valid exercise of its police power.
(C) Housing that has been occupied by tenants within the past
10 years.
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(3) The site was not previously used for housing that was
occupied by tenants that was demolished within 10 years before
the development proponent submits an application under this
section.
(4) The development of theproject on the proposed parcel would
not require the demolition of a historic structure that was placed
on a national, state, or local historic register
(5) The proposed parcel does not contain housing units that are
occupied by tenants, and units at the property are, or were,
subsequently offered for sale to the general public by the subdivider
or subsequent owner of the property.
(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) The project is a conversion of an existing structure that does
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 meets 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
residential zoning designations 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 not in conflict with this section
and Section 65913.6 that were authorized as of July 1, 2019.
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(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 developmentproponent submits an application pursuant
to this section. These standards include, but are not limited to,
height, setbacks, floor area ratio, and lot coverage.
(3) The project provides 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 developmentproponent written documentation ofwhich
requirement or requirements the development conflicts with, and
an explanation for the reason or reasons the development conflicts
with that requirement or requirements, as follows:
(A) Within 60 days of submission of the development to the local
agency pursuant to this section if the development contains 150
or fewer housing units.
(B) Within 90 days of submission of the development to the local
agency pursuant to this section if the development contains more
than 150 housing units.
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1 (2) If the local agency fails to provide the required
2 documentation pursuant to paragraph (1), the development shall
3 be deemed to satisfy the requirements of this section and Section
4 65913.5.
5 (d) Any design review or public oversight of the development
6 may be conducted by the local agency's planning commission or
7 any equivalent board or commission responsible for review and
8 approval of development projects, or the city council or board of
9 supervisors, as appropriate. That design review or public oversight
10 shall be objective and be strictly focused on assessing compliance
11 with criteria required far streamlined projects, as well as any
12 reasonable objective design standards published and adopted by
13 ordinance or resolution by a local agency before submission of a
14 development application, and shall be broadly applicable to
15 development within the local agency. That design review or public
16 oversight shall be completed as follows and shall not in any way
17 inhibit, chill, orpreclude the ministerial approval provided by this
18 section or its effect, as applicable:
19 (1) Within 90 days of submission of the development to the local
20 agency pursuant to this section if the development contains 150
21 or fewer housing units.
22 (2) Within 180 days of submission of the development to the
23 local agency pursuant to this section if the development contains
24 more than 150 housing units.
25 (e) Notwithstanding any other law, a local agency, whether or
26 not it has adopted an ordinance governing automobile parking
27 requirements in multifamily developments, shall not impose
28 automobile parking standards for a streamlined development that
29 was approved pursuant to this section beyond those provided in
30 the minimum requirements of Section 65913.5.
31 (0 (1) If a local agency approves a development pursuant to
32 this section, that approval shall automatically expire after three
33 years except that a project may receive a one-time, one-year
34 extension if the project proponent provides documentation that
35 there has been signifrcantprogress towardgetting the development
36 construction ready. For purposes of this paragraph, "significant
37 progress " includes filing a birilding permit application.
38 (2) Ya local agency approves a development pursuant to this
39 section, that approval shall remain valid for three years from the
40 date ofthefrnal action establishing that approval and shall remain
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valid thereafter for a project so long as vertical construction of
the development has begun and is in progress. Additionally, the
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 theforegoing extension
shall be limited to considerations and process set forth in this
section.
(g) This section shall not apply ifthe local agency finds that the
development project as proposed would have a speck, 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 speck 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 speck, 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 ofsubdivision
(i) of Section 65583.2 or 65913.4.
ISEG. 2.
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:
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(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
receives an equitable communities incentive.
(c) "FAR" means floor area ratio.
(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 -4-5 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. -and 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.
(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 is4iath
high opportunity and jobs rich, based on whether, in a regional
analysis, the tract meets both of the following:
(A) The tract i high oppor [urtity,
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
4ebs- rieft area, as measwedd by employment density
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, earapared to existing contmute levels.
relative to existing commute patterns for people of all income
levels.
(2) The Department of Housing and Cominunity Development
shall, commencing on January 1, 2020, publish and update, every
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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 an -a :dentifit r as a jobs -rich area by the Department of
Housing and Gomvitmity Development in eonsultation with th
mgien, attd high qualivy public sehools, as an area of high
opportunity elose to jobs: 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 job-riehjobs-rich area.
(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 quaked 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 all 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)
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0) "Residential development" means a project with at least
two-thirds of the square footage of the development designated
for residential use.
0)
(k) "Sensitive community" means either of the following:
(1) Exeept as provided in pamgraph (2), an area identified by
identifieation shall be updated every five years, in consultati
platming regi a where both of the following apply:
(A) Th �r more Of the cens tnet lives below 4t
yuv�'l VY I Me, provided that eol lege students do not compose at least
25 pereent of the populafion-.
eensus tmet is at least 125 as defined by the 14 -lent-of
llett�tng and Community Developmen.t.
(1) Except as provided in paf rxgraph (2), an area identified
pursuant to subdivision (d) of Section 65918.55.
(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
of a sensitive community shall be updated at least every five years
by the Department of Housing and Community Development.
(l) "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 65852.22.
(4) A residential motel.
(5) A mobilehome park, as governed under the Mobilehome
Residency Law (Chapter 2.5 (commencing with Section 798) of
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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
devs_4epmettt 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.
65918.51. A local government shall, upon request of a
development proponent, grant an equitable communities incentive,
as specified in Section 65918.53, when the development proponent
seeks and agrees to construct a residential development that
satisfies the requirements specified in Section 65918.52.
65918.52. In order to be eligible for an equitable communities
incentive pursuant to this chapter, a residential development shall
meet 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
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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
specified in para;raf)h (2) ofsubdivision (a) of Section 65913.4.
(3) The site is not located within any of the following:
(A) A coastal zone, as defined in Division 20 (commencing with
Section 30000) of the Public Resources Code, within a city with
a population of less than 50, 000.
(B) 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 part graph 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.
(C) A parcel that 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.
(c) If the residential development is located within a county that
has a population equal to or less than 600, 000, the residential
development satisfies all of the following additional 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 flood plain as determined by maps promulgated by the
Federal Emergency Management Agency, unless the development
has been issued a flood plain developmentpermitpursuant 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 69 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.
(d) (1) 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-medemoderate 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.
(2) (A) If the local government has not adopted an inclusionary
housing ordinance, as described in paragraph (1), 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.
(B) For purposes of this paragraph, the residential development
is subject to one of the following, as applicable:
(i) If the project has 10 or fewer units, no affordability
contribution is imposed.
(ii) 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 subparagraph (C).
(iii) If the project has more than 20 residential units, the
development proponent shall do either of the following:
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(I) Make a comparable affordability contribution toward housing
offsite that is affordable to lower income households, pursuant to
subparagraph (C).
(II) Include units on the site of the project that are affordable
to extremely low income, -- Oeetl L 50 45 ORlie Health
and Safety Gode-, very low income, orire lower income
households, as defined in-Seefknt64049-.-5 Sections 500 79.5, 50105,
and 50106 of the Health and Safety Code, as follows:
Project Size Inclusionary Requirement
21— 200 units 15%
low
lower
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8% very low income; or
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351 or more units 25%
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11 % extremely low income
(C) (i) The development proponent of a project that qualifies
pursuant to clause (ii) or subclause (I) of clause (iii) of
subparagraph (B) may make a comparable affordability
contribution toward housing offsite that is affordable to lower
income households,-aa-€oHewi�– pursuant to this subparagraph.
• :
AZ= 19 It k I FAM I MUNAL -
M�\+1liJ Yti �yrl\:[ i Jl7li LS71**��aia�•l+i+lllni]�Vr�l�l+it�li!_■!lR
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(ii) For the purposes of this subparagraph, "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, is located
within a one-half mile of the qualifying project.
(II) The site, and if applicable, the dedicated land, is 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,
which would have been required onsite for the qualifying project
pursuant to subclause (II) of clause (iii) of subparagraph (B) of
paragraph (2).
(IV) The value of the dedicated land or in -lieu fee payment must
be at least equal to the capitalized value of the forgone revenue
that the development proponent would have incurred if the
qualifying project had provided the required number and type of
affordable units onsite.
(V) The comparable affordability contribution is subject to a
recorded covenant with the local jurisdiction. A copy of the
covenant shall be provided to the Department of Housing and
Community Development.
(iii) For the purposes of this subparagraph, "qualifyingproject"
means a project that receives an equitable communities incentive
by providing a comparable affordability contribution.
(iv) The qualifying development shall not be issued a certificate
of occupancy before the residential development receiving a
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dedication of land or direct in -lieu fee payment pursuant to this
subparagraph receives a building permit.
(D) Affordability of units pursuant to this paragraph shall be
restricted by deed for a period of 55 years for rental units or 45
years for units offered for sale.
(4)
(e) The site does not contain, or has not contained, either of the
following:
(1) Housing occupied by tenants within the seven years
preceding the date of the application, including housing that has
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.
(e)
69 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.
(g) 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.
(h) 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
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1 applications on the basis of receiving a zone change or general
2 plan amendment in exchange for benefits such as increased
3 affordable housing, local hire, or payment of prevailing wages.
4 65918.53. (a) (1) Any transit -rich or jebs-riehjob-rich housing
5 project within a county that has a population greater than 600, 000
6 that meets the criteria specified in Section 65918.52 shall receive,
7 upon request, an equitable communities incentive as follows:
8 (IJ
9 (A) A waiver from maximum controls on density.
10 (2)
11 (B) A waiver from minimum automobile parking requirements
12 greater than 0.5 automobile parking spots per unit.
13 r nt-- t
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15 (b)
16 (2) An eligible applicant proposing a residential development
17 within a county that has a population greater than 600, 000 that
18 is located within a one-half mile radius, but outside a one-quarter
19 mile radius, of a major transit stop shall receive, in addition to the
20 incentives specified ' a , (��
paragraph (1), waivers
21 from all of the following:
22 (+)
23 (A) Maximum height requirements less than 45 feet.
24 (2)
25 (B) Maximum FAR requirements less than 2.5.
26 (3)
27 (C) Notwithstanding subparagraph (B) of paragraph (1), any
28 maxi minimum automobile parking requirement.
29 (e)
30 (3) An eligible applicant proposing a residential development
31 within a county that has a population greater than 600,000 that
32 is located within a one-quarter mile radius of a major transit stop
33 shall receive, in addition to the incentives specified subdivision
34 (a} paragraph (1), waivers from all of the following:
35 (o
36 (A) Maximum height requirements less than 55 feet.
37 (2)
38 (B) Maximum FAR requirements less than 3.25.
39 (3)
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(C) Notwithstanding paragraph- (�) (2) of subdivisions (a),
any minimum automobile parking requirement.
(b) A residential development within a county that has a
population less than or equal to 600,000 that meets the criteria
specified in Section 65918.52 shall receive, upon request, an
equitable communities incentive as follows:
(1) A waiver from maximum controls on density, subject to
paragraph (3) of subdivision (c) of Section 65918.52.
(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) Maximum FAR requirements 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
greater than 100, 000, 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 clause (i), the residential development project shall
receive a waiver from minimum automobile parking requirements
of less than 0.5 parking spaces per unit.
( 4)
(c) Notwithstanding any other law,
any additional ittf,-etitiye or eoneession a project that qualfies 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 -6594-5-, 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 (f) of Section 65915 shall be
equal to the proposed number of units4n in, or the proposed square
footage of, the residential development after applying the equitable
communities incentive received pursuant to this
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under that seetion. 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.
(d) 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.
(e) 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.
(f) 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.
65918.54. 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.
65918.5-5. "a) inTlementationef '"his ehapter shall be delayed
(b) Between 1.120-2-0, and a loeal govermnent, in
toward inereasing residential den�ity and mul.S.'—mily housing
ehoices near transit stops, as foRv&t�-,
Process at the neig-'MAIW-Uthaad le,el shall, on or before janttary-4-,
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2025, produce a eommunity plan that may tnelu.de zoning and ftiry
priorities.
(2) Coinmunity plans shall, at a rninimum, be
the overall residential development eapacity and the rninimm;n
aff6fdability standards se, this ehapter within th--
(3) The Provisions 0� this ehapter-shall apply 0"
2025, to sensitive eommtmiti.es that ha-ve mt adopted eontrnuuity
(2), whether fliese plans were adopted priet: to or a&r enaetinent
65918.55. (a) On or before July 1, 2020, Sections 65918.51
to 65918.54, inclusive, shall not apply to a potentially sensitive
community. After July 1, 2020, 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, 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
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group and the community process and methodology used to create
the maps, at a public hearing held on or before July 1, 2020.
(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 communityplan 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 setforth 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 communityplan 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 communityplan is adopted before July 1, 2025.
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(d) Each city and each county shall make reasonable efforts to
develop a community plan for any sensitive communities within
its jurisdiction. A community plan may address other locally
identifiedpriorities, 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, as the plan that
meets the requirements of this parsx- aj3h, 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, includingfirst, 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 paj-a raph W.
(3) Following signature verification, the local government
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.
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1 SEG
2 SEC. S. No reimbursement is required by this act pursuant to
3 Section 6 of Article XIIIB of the California Constitution because
4 a local agency or school district has the authority to levy service
5 charges, fees, or assessments sufficient to pay for the program or
6 level of service mandated by this act, within the meaning of Section
7 17556 of the Government Code.
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