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<ns0:Description>
<ns0:Id>20250AB__129495AMD</ns0:Id>
<ns0:VersionNum>95</ns0:VersionNum>
<ns0:History>
<ns0:Action>
<ns0:ActionText>INTRODUCED</ns0:ActionText>
<ns0:ActionDate>2025-02-21</ns0:ActionDate>
</ns0:Action>
<ns0:Action>
<ns0:ActionText>AMENDED_ASSEMBLY</ns0:ActionText>
<ns0:ActionDate>2025-03-17</ns0:ActionDate>
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<ns0:Action>
<ns0:ActionText>AMENDED_ASSEMBLY</ns0:ActionText>
<ns0:ActionDate>2025-04-22</ns0:ActionDate>
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<ns0:Action>
<ns0:ActionText>AMENDED_SENATE</ns0:ActionText>
<ns0:ActionDate>2025-06-12</ns0:ActionDate>
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<ns0:Action>
<ns0:ActionText>AMENDED_SENATE</ns0:ActionText>
<ns0:ActionDate>2025-07-03</ns0:ActionDate>
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<ns0:LegislativeInfo>
<ns0:SessionYear>2025</ns0:SessionYear>
<ns0:SessionNum>0</ns0:SessionNum>
<ns0:MeasureType>AB</ns0:MeasureType>
<ns0:MeasureNum>1294</ns0:MeasureNum>
<ns0:MeasureState>AMD</ns0:MeasureState>
</ns0:LegislativeInfo>
<ns0:AuthorText authorType="LEAD_AUTHOR">Introduced by Assembly Member Haney</ns0:AuthorText>
<ns0:AuthorText authorType="COAUTHOR_ORIGINATING">(Coauthor: Assembly Member Wicks)</ns0:AuthorText>
<ns0:Authors>
<ns0:Legislator>
<ns0:Contribution>LEAD_AUTHOR</ns0:Contribution>
<ns0:House>ASSEMBLY</ns0:House>
<ns0:Name>Haney</ns0:Name>
</ns0:Legislator>
<ns0:Legislator>
<ns0:Contribution>COAUTHOR</ns0:Contribution>
<ns0:House>ASSEMBLY</ns0:House>
<ns0:Name>Wicks</ns0:Name>
</ns0:Legislator>
</ns0:Authors>
<ns0:Title>An act to amend Sections 65589.5 and 65940.1 of, and to add Section 65941.2 to, the Government Code, relating to housing. </ns0:Title>
<ns0:RelatingClause>housing</ns0:RelatingClause>
<ns0:GeneralSubject>
<ns0:Subject>Planning and zoning: housing development: standardized application form.</ns0:Subject>
</ns0:GeneralSubject>
<ns0:DigestText>
<html:p>
(1)
<html:span class="EnSpace"/>
The Permit Streamlining Act, among other things, requires each public agency to provide a development project applicant with a list that specifies the information that will be required from any applicant for a development project. The act requires a public agency that has received an application for a development project to determine in writing whether the application is complete within 30 calendar days and to immediately transmit the determination to the applicant of the development project.
</html:p>
<html:p>This bill would require that an application for a housing entitlement, as defined, be deemed complete upon payment of the permit processing fees and upon completing specified requirements, when applicable, including, among other things, providing a description of the proposed housing development project and a list of the
approvals requested by the applicant to the city, county, or city and county from which approval for the housing entitlement is being sought. The bill would require, on or before July 1, 2026, the Department of Housing and Community Development to adopt a standardized application form that applicants for a housing entitlement may use for the purpose of satisfying these requirements and would require, on or after October 1, 2026, a city, county, or city and county to accept an application submitted on the standardized application form. The bill would prohibit the city, county, or city and county from requiring submission of any other forms, beside the standardized application form, except as specified. The bill would authorize the city, county, or city and county to develop its own application forms or templates for different housing entitlements, subject to the requirements of this bill.</html:p>
<html:p>This bill would prohibit a city, county, or city and county from requiring
certain information or approvals, including, among others, any approval or determination by any official, body, department, or subdepartment of the city, county, or city and county as a condition of determining that an application for a housing entitlement is complete. The bill would prohibit a city, county, or city and county from imposing a penalty or an additional fee, processing requirement, or submittal requirement as a consequence of an applicant using the standardized application form.</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Existing law, known as the Administrative Procedure Act, governs the procedures for the adoption, amendment, or repeal of regulations by state agencies and for the review of those regulatory actions by the Office of Administrative Law. Existing law establishes procedures for the adoption of emergency regulations, including requiring that the state agency make a finding
that the adoption of a regulation or order of repeal is necessary to address an emergency, as defined. Under existing law, a regulation, amendment, or repeal adopted as an emergency regulatory action may only remain in effect for up to 180 days, unless the adopting agency complies with specified requirements relating to notice of regulatory action and public comment.
</html:p>
<html:p>This bill would authorize the department to review, adopt, amend, and repeal standards, forms, and definitions to implement the above-described requirements. The bill would require the department to adopt emergency regulations to implement the above-described requirements. The bill would exempt these emergency regulations from being required to make a finding of emergency or necessity. The bill would make these emergency regulations valid for a period of 18 months, or until the date permanent regulations to implement the above-described requirements are adopted, whichever is sooner.</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The Housing
Accountability Act, among other things, requires a local agency that proposes to disapprove a housing development project that complies with applicable, objective general plan, zoning, and subdivision standards and criteria in effect at the time that the application was deemed complete to base its decision upon written findings supported by a preponderance of the evidence on the record that specified conditions exist. The act defines various terms for its purposes. The act defines “disapprove the housing development project” to mean various actions taken by a local agency, including any instance in which a local agency determines that an application for a housing development project is incomplete, as described above, and includes in the determination an item that is not required on the local agency’s submittal requirement checklist. The act requires the local agency to bear the burden of proof that the required item is listed on the submittal requirement checklist.
</html:p>
<html:p>This bill would revise the above-described definition of “disapprove the housing development project” to also include any instance in which a local agency determines that an application for a housing development project is incomplete and includes in the determination an item that is prohibited from being required under the bill’s provisions, as described above. The bill would require the local agency to bear the burden of proof that the required item is permitted to be required.</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Existing law requires a city, county, or special district that has an internet website to make specified information available on its internet website, as
applicable, including a current schedule of fees, exactions, and affordability requirements it has imposed that are applicable to a proposed housing development project.
</html:p>
<html:p>This bill would additionally require a city or county that has an internet website to make available on its internet website a copy of the standardized application form for a housing entitlement adopted by the department under the bill’s provisions, as described above, and if the city or county develops its own application forms or templates under the bill’s provisions, a copy of those forms or templates.</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
The bill would include findings that
changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
By adding to the duties of local planning officials with respect to the review and approval of housing development projects, this bill would impose a state-mandated local program.
</html:p>
<html:p>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.</html:p>
<html:p>This
bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.</html:p>
</ns0:DigestText>
<ns0:DigestKey>
<ns0:VoteRequired>MAJORITY</ns0:VoteRequired>
<ns0:Appropriation>NO</ns0:Appropriation>
<ns0:FiscalCommittee>YES</ns0:FiscalCommittee>
<ns0:LocalProgram>YES</ns0:LocalProgram>
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<ns0:MeasureIndicators>
<ns0:ImmediateEffect>NO</ns0:ImmediateEffect>
<ns0:ImmediateEffectFlags>
<ns0:Urgency>NO</ns0:Urgency>
<ns0:TaxLevy>NO</ns0:TaxLevy>
<ns0:Election>NO</ns0:Election>
<ns0:UsualCurrentExpenses>NO</ns0:UsualCurrentExpenses>
<ns0:BudgetBill>NO</ns0:BudgetBill>
<ns0:Prop25TrailerBill>NO</ns0:Prop25TrailerBill>
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</ns0:Description>
<ns0:Bill id="bill">
<ns0:Preamble>The people of the State of California do enact as follows:</ns0:Preamble>
<ns0:BillSection id="id_3E04F312-9FBE-4CDB-9D9C-5EDE0BD058E5">
<ns0:Num>SECTION 1.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:GOV:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'TITLE'%20and%20caml%3ANum%3D'7.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'1.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'3.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'10.6.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'65589.5.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 65589.5 of the
<ns0:DocName>Government Code</ns0:DocName>
is amended to read:
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<ns0:LawSection id="id_757732CA-84F3-4F23-A50B-EEDF1EF5CB27">
<ns0:Num>65589.5.</ns0:Num>
<ns0:LawSectionVersion id="id_F293392F-F4AD-49C7-95DA-F6561A22CF47">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
The Legislature finds and declares all of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The lack of housing, including emergency shelters, is a critical problem that threatens the economic, environmental, and social quality of life in California.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
California housing has become the most expensive in the nation. The excessive cost of the state’s housing supply is partially caused by activities and policies of many local governments that limit the approval of housing, increase the cost of land for housing, and require that high fees and exactions be paid by producers of housing.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Among the consequences of those actions are discrimination against low-income and minority households, lack of housing to support employment growth, imbalance in jobs and housing, reduced mobility, urban sprawl, excessive commuting, and air quality deterioration.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Many local governments do not give adequate attention to the economic, environmental, and social costs of decisions that result in disapproval of housing development projects, reduction in density of housing projects, and excessive standards for housing development projects.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
In enacting the amendments made to this section by the act adding this paragraph, the Legislature further finds and declares the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
California’s overall home ownership rate is at its lowest level since the 1940s. The state ranks 49th out of the 50 states in home ownership 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.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
Lack of supply and rising costs are compounding inequality and limiting advancement opportunities for many Californians.
</html:p>
<html:p>
(G)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(H)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
An additional consequence of the state’s cumulative housing shortage is a significant increase in greenhouse gas emissions caused by the displacement and redirection of populations to states with greater housing opportunities, particularly working- and middle-class households. California’s cumulative housing shortfall therefore has not only national but international environmental consequences.
</html:p>
<html:p>
(J)
<html:span class="EnSpace"/>
California’s housing picture has reached a crisis of historic proportions despite the fact that, for decades, the Legislature has enacted numerous statutes intended to significantly increase the approval, development, and affordability of housing for all income levels, including this section.
</html:p>
<html:p>
(K)
<html:span class="EnSpace"/>
The Legislature’s intent in enacting this section in 1982 and in expanding its provisions since then was to significantly increase the approval and construction of new housing for all economic segments of California’s communities by meaningfully and effectively curbing the capability of local governments to deny, reduce the density for, or render infeasible housing development projects and emergency shelters. That intent has not been fulfilled.
</html:p>
<html:p>
(L)
<html:span class="EnSpace"/>
It is the policy of the
state that this section be interpreted and implemented in a manner to afford the fullest possible weight to the interest of, and the approval and provision of, housing.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
It is the intent of the Legislature that the conditions that
would have a specific, adverse impact upon the public health and safety, as described in paragraph (2) of subdivision (d) and paragraph (1) of subdivision (j), arise infrequently.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
It is the intent of the Legislature that the amendments removing provisions from subparagraphs (D) and (E) of paragraph (6) of subdivision (h) and adding those provisions to Sections 65589.5.1 and 65589.5.2 by Assembly Bill 1413 (2023), insofar as they are substantially the same as existing law, shall be considered restatements and continuations of existing law, and not new enactments.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
It is the policy of the state that a local government not reject or make infeasible housing development projects, including emergency shelters, that contribute to meeting the need determined pursuant
to this article without a thorough analysis of the economic, social, and environmental effects of the action and without complying with subdivision (d).
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The Legislature also recognizes that premature and unnecessary development of agricultural lands for urban uses continues to have adverse effects on the availability of those lands for food and fiber production and on the economy of the state. Furthermore, it is the policy of the state that development should be guided away from prime agricultural lands; therefore, in implementing this section, local jurisdictions should encourage, to the maximum extent practicable, in filling existing urban areas.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
For a housing development project for very low, low-, or moderate-income households, or an emergency shelter, a local agency
shall not disapprove the housing development project or emergency shelter, or condition approval in a manner that renders the housing development project or emergency shelter infeasible, 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:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The housing development project or emergency shelter as proposed would have a specific, adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact without rendering the development unaffordable to low- and moderate-income households or rendering the development of the emergency shelter financially infeasible. As used in this paragraph, a “specific, adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. The following shall not constitute a specific, adverse impact upon the public health or safety:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Inconsistency with the zoning ordinance or general plan land use designation.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The eligibility to claim a welfare exemption under subdivision (g) of Section 214 of the Revenue and Taxation Code.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
The denial of the housing development project or imposition of conditions is required in order to comply with specific state or federal law, and there is no feasible method to comply without rendering the development unaffordable to low- and moderate-income households or rendering the development of the emergency shelter financially infeasible.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
On the date an application for the housing development project or emergency shelter was deemed complete, the jurisdiction had adopted a revised housing element that was in substantial compliance with this article, and the housing development project or emergency shelter was inconsistent with both the jurisdiction’s zoning ordinance and general plan land use designation as specified in any element of the general plan.
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
This paragraph shall not be utilized to disapprove or conditionally approve a housing development project proposed on a site, including a candidate site for rezoning, that is identified as suitable or
available for very low, low-, or moderate-income households in the jurisdiction’s housing element if the housing development project is consistent with the density specified in the housing element, even though the housing development project was inconsistent with both the jurisdiction’s zoning ordinance and general plan land use designation on the date the application was deemed complete.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
If the local agency has failed to identify a zone or zones where emergency shelters are allowed as a permitted use without a conditional use or other discretionary permit, has failed to demonstrate that the identified zone or zones include sufficient capacity to accommodate the need for emergency shelter identified in paragraph (7) of subdivision (a) of Section 65583, or has failed to demonstrate that the identified zone or zones can accommodate at
least one emergency shelter, as required by paragraph (4) of subdivision (a) of Section 65583, then this paragraph shall not be utilized to disapprove or conditionally approve an emergency shelter proposed for a site designated in any element of the general plan for industrial, commercial, or multifamily residential uses. In any action in court, the burden of proof shall be on the local agency to show that its housing element does satisfy the requirements of paragraph (4) of subdivision (a) of Section 65583.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
On the date an application for the housing development project or emergency shelter was deemed complete, the jurisdiction did not have an adopted revised housing element that was in substantial compliance with this article and the housing development project is not a builder’s remedy project.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
Nothing in this section shall be construed to relieve the local agency from complying with the congestion management program required by Chapter 2.6 (commencing with Section 65088) of Division 1 of Title 7 or the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code). Neither shall anything in this section be construed to relieve the local agency from making one or more of the findings required pursuant to Section 21081 of the Public Resources Code or otherwise complying with the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Except as provided in paragraphs (6) and (8) of this subdivision, and subdivision (o), nothing in this section shall be construed to prohibit a local agency
from requiring the housing
development project to comply with objective, quantifiable, written development standards, conditions, and policies appropriate to, and consistent with, meeting the jurisdiction’s share of the regional housing need pursuant to Section 65584. However, the development standards, conditions, and policies shall be applied to facilitate and accommodate development at the density permitted on the site and proposed by the development. Nothing in this section shall limit a project’s eligibility for a density bonus, incentive, or concession, or waiver or reduction of development standards and parking ratios, pursuant to Section 65915.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Except as provided in subdivision (o), nothing in this section shall be construed to prohibit a local agency from requiring an emergency shelter project to comply with objective, quantifiable, written
development standards, conditions, and policies that are consistent with paragraph (4) of subdivision (a) of Section 65583 and appropriate to, and consistent with, meeting the jurisdiction’s need for emergency shelter, as identified pursuant to paragraph (7) of subdivision (a) of Section 65583. However, the development standards, conditions, and policies shall be applied by the local agency to facilitate and accommodate the development of the emergency shelter project.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Except as provided in subdivision (o), nothing in this section shall be construed to prohibit a local agency from imposing fees and other exactions otherwise authorized by law that are essential to provide necessary public services and facilities to the housing development project or emergency shelter.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
For
purposes of this section, a housing development project or emergency shelter shall be deemed consistent, compliant, and in conformity with an applicable plan, program, policy, ordinance, standard, requirement, or other similar provision if there is substantial evidence that would allow a reasonable person to conclude that the housing development project or emergency shelter is consistent, compliant, or in conformity.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
Notwithstanding paragraphs (1) to (5), inclusive, all of the following
apply to a housing development project that is a builder’s remedy project:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
A local agency may only require the project to comply with the objective, quantifiable, written development standards, conditions, and policies that would have applied to the project had it been proposed on a site with a general plan designation and zoning classification that allow the density and unit type proposed by the applicant. If the local agency has no general plan designation or zoning classification that would have allowed the density and unit type proposed by the applicant, the development proponent may identify any objective, quantifiable, written development standards, conditions, and policies associated with a different general plan designation or zoning classification within that jurisdiction, that facilitate the project’s density and unit type, and those
shall apply.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
Except as authorized by paragraphs (1) to (4), inclusive, of subdivision (d), a local agency shall not apply any individual or combination of objective, quantifiable, written development standards, conditions, and policies to the project that do any of the following:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
Render the project infeasible.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
Preclude a project that meets the requirements allowed to be imposed by subparagraph (A), as modified by any density bonus, incentive, or concession, or waiver or reduction of development standards and parking ratios, pursuant to Section 65915, from being constructed as proposed by the applicant.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The local
agency shall bear the burden of proof of complying with clause (i).
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
A project applicant that qualifies for a density bonus pursuant to Section 65915 shall receive two incentives or concessions in addition to those granted pursuant to paragraph (2) of subdivision (d) of Section 65915.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
For a project seeking density bonuses, incentives, concessions, or any other benefits pursuant to Section 65915, and notwithstanding paragraph (6) of subdivision (o) of Section 65915, for purposes of this paragraph, maximum allowable residential density or base density means the density permitted for a builder’s remedy project pursuant to subparagraph (C) of paragraph (11) of subdivision (h).
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
A
local agency shall grant any density bonus pursuant to Section 65915 based on the number of units proposed and allowable pursuant to subparagraph (C) of paragraph (11) of subdivision (h).
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
A project that dedicates units to extremely low-income households pursuant to subclause (I) of clause (i) of subparagraph (C) of paragraph (3) of subdivision (h) shall be eligible for the same density bonus, incentives or concessions, and waivers or reductions of development standards as provided to a housing
development project that dedicates three percentage points more units to very low income households pursuant to paragraph (2) of subdivision (f) of Section 65915.
</html:p>
<html:p>
(v)
<html:span class="EnSpace"/>
All units dedicated to extremely low-income, very low income, low-income, and moderate-income households pursuant to paragraph (11) of subdivision (h) shall be counted as affordable units in determining whether the applicant qualifies for a density bonus pursuant to Section 65915.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
The project shall not be required to apply for, or receive approval of, a general plan amendment, specific plan amendment, rezoning, or other legislative approval.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The project shall not be required to apply for, or receive, any
approval or permit not generally required of a project of the same type and density proposed by the applicant.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
Any project that complies with this paragraph shall be deemed consistent, compliant, and in conformity with an applicable plan, program, policy, ordinance, standard, requirement, redevelopment plan and implementing instruments, or other similar provision for all purposes, and shall not be considered or treated as a nonconforming lot, use, or structure for any purpose.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
A local agency shall not adopt or impose any requirement, process, practice, or procedure or undertake any course of conduct, 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 a builder’s remedy
project.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
A builder’s remedy project shall be deemed to be in compliance with the residential density standards for the purposes of complying with subdivision (b) of Section 65912.123.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
A builder’s remedy project shall be deemed to be in compliance with the objective zoning standards, objective subdivision standards, and objective design review standards for the purposes of complying with paragraph (5) of subdivision (a) of Section 65913.4.
</html:p>
<html:p>
(G)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
(I)
<html:span class="EnSpace"/>
If the local agency had a local affordable housing requirement, as defined in Section 65912.101, that on January 1, 2024, required a greater percentage of affordable units than required under
subparagraph (A) of paragraph (11) of subdivision (h), or required an affordability level deeper than what is required under subparagraph (A) of paragraph (11) of subdivision (h), then, except as provided in subclauses (II) and (III), the local agency may require a housing development for mixed-income households to comply with an otherwise lawfully applicable local affordability percentage or affordability level. The local agency shall not require housing for mixed-income households to comply with any other aspect of the local affordable housing requirement.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
Notwithstanding subclause (I), the local affordable housing requirements shall not be applied to require housing for mixed-income households to dedicate more than 20 percent of the units to affordable units of any kind.
</html:p>
<html:p>
(III)
<html:span class="EnSpace"/>
Housing for mixed-income households that is required to dedicate 20 percent of the units to affordable units shall not be required to dedicate any of the affordable units at an income level deeper than lower income households, as defined in Section 50079.5 of the Health and Safety Code.
</html:p>
<html:p>
(IV)
<html:span class="EnSpace"/>
A local agency may only require housing for mixed-income households to comply with the local percentage requirement or affordability level described in subclause (I) if it first makes written findings, supported by a preponderance of evidence, that compliance with the local percentage requirement or the affordability level, or both, would not render the housing development project infeasible. If a reasonable person could find compliance with either requirement, either alone or in combination, would render the project infeasible, the
project shall not be required to comply with that requirement.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Affordable units in the development project shall have a comparable bedroom and bathroom count as the market rate units.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
Each affordable unit dedicated pursuant to this subparagraph shall count toward satisfying a local affordable housing requirement. Each affordable unit dedicated pursuant to a local affordable housing requirement that meets the criteria established in this subparagraph shall count towards satisfying the requirements of this subparagraph. This is declaratory of existing law.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
For a housing development project application that is deemed complete before January 1, 2025, the development proponent for the
project may choose to be subject to the provisions of this section that were in place on the date the preliminary application was submitted, or, if the project meets the definition of a builder’s remedy project, it may choose to be subject to any or all of the provisions of this section applicable as of January 1, 2025.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Notwithstanding subdivision (c) of Section 65941.1, for a housing development project deemed complete before January 1, 2025, the development proponent may choose to revise their application so that the project is a builder’s remedy project, without being required to resubmit a preliminary application, even if the revision results in the number of residential units or square footage of construction changing by 20 percent or more.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
A housing development
project 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, that is consistent with the density specified in the most recently updated and adopted housing element, and that is inconsistent with both the jurisdiction’s zoning ordinance and general plan land use designation on the date the application was deemed complete, shall be subject to the provisions of subparagraphs (A), (B), and (D) of paragraph (6) and paragraph (9).
</html:p>
<html:p>
(9)
<html:span class="EnSpace"/>
For purposes of this subdivision, “objective, quantifiable, written development standards, conditions, and policies” means
criteria 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 applicant or proponent and the public official before submittal, including, but not limited to, any standard, ordinance, or policy described in paragraph (4) of subdivision (o). Nothing herein shall affect the obligation of the housing development project to comply with the minimum building standards approved by the California Building Standards Commission as provided in Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code. In the event that applicable objective, quantifiable, written development standards, conditions, and policies are mutually inconsistent, a development shall be deemed consistent with the criteria that permits the
density and unit type closest to that of the proposed project.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
This section shall be applicable to charter cities because the Legislature finds that the lack of housing, including emergency shelter, is a critical statewide problem.
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
The following definitions apply for the purposes of this section:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
“Feasible” means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social, and technological factors.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
“Housing development project” means a use consisting of any of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Residential units
only.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Mixed-use developments consisting of residential and nonresidential uses that meet any of the following conditions:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
At least two-thirds of the new or converted square footage is designated for residential use.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
At least 50 percent of the new or converted square footage is designated for residential use and the project meets both of the following:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
The project includes at least 500 net new residential units.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
No portion of the project is designated for use as a hotel, motel, bed and breakfast inn, or other transient lodging, except a portion of the project may be designated for
use as a residential hotel, as defined in Section 50519 of the Health and Safety Code.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
At least 50 percent of the net new or converted square footage is designated for residential use and the project meets all of the following:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
The project includes at least 500 net new residential units.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
The project involves the demolition or conversion of at least 100,000 square feet of nonresidential use.
</html:p>
<html:p>
(III)
<html:span class="EnSpace"/>
The project demolishes at least 50 percent of the existing nonresidential uses on the site.
</html:p>
<html:p>
(IV)
<html:span class="EnSpace"/>
No portion of the project is designated for use as a hotel, motel, bed and breakfast inn, or other
transient lodging, except a portion of the project may be designated for use as a residential hotel, as defined in Section 50519 of the Health and Safety Code.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Transitional housing or supportive housing.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Farmworker housing, as defined in subdivision (h) of Section 50199.7 of the Health and Safety Code.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
“Housing for very low, low-, or moderate-income households” means housing for lower income households, mixed-income households, or moderate-income households.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
“Housing for lower income households” means a housing development project in which 100 percent of the units, excluding managers’ units, are dedicated to lower income
households, as defined in Section 50079.5 of the Health and Safety Code, at an affordable cost, as defined by Section 50052.5 of the Health and Safety Code, or an affordable rent set in an amount consistent with the rent limits established by the California Tax Credit Allocation Committee. The units shall be subject to a recorded deed restriction for a period of 55 years for rental units and 45 years for owner-occupied units.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
“Housing for mixed-income households” means any of the following:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
A housing development project in which at least 7 percent of the total units, as defined in subparagraph (A) of paragraph (8) of subdivision (o) of Section 65915, are dedicated to extremely low income households, as defined in Section 50106 of the
Health and Safety Code.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
A housing development project in which at least 10 percent of the total units, as defined in subparagraph (A) of paragraph (8) of subdivision (o) of Section 65915, are dedicated to very low income households, as defined in Section 50105 of the Health and Safety Code.
</html:p>
<html:p>
(III)
<html:span class="EnSpace"/>
A housing development project in which at least 13 percent of the total units, as defined in subparagraph (A) of paragraph (8) of subdivision (o) of Section 65915, are dedicated to lower income households, as defined in Section 50079.5 of the Health and Safety Code.
</html:p>
<html:p>
(IV)
<html:span class="EnSpace"/>
A housing development project in which there are 10 or fewer total units, as defined in subparagraph (A) of paragraph (8) of subdivision (o) of
Section 65915, that is on a site that is smaller than one acre, and that is proposed for development at a minimum density of 10 units per acre.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
All units dedicated to extremely low income, very low income, and low-income households pursuant to clause (i) shall meet both of the following:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
The units shall have an affordable housing cost, as defined in Section 50052.5 of the Health and Safety Code, or an affordable rent, as defined in Section 50053 of the Health and Safety Code.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
The development proponent shall agree to, and the local agency shall ensure, the continued affordability of all affordable rental units included pursuant to this section for 55 years and all affordable ownership units included pursuant
to this section for a period of 45 years.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
“Housing for moderate-income households” means a housing development project in which 100 percent of the units are sold or rented to moderate-income households, as defined in Section 50093 of the Health and Safety Code, at an affordable housing cost, as defined in Section 50052.5 of the Health and Safety Code, or an affordable rent, as defined in Section 50053 of the Health and Safety Code. The units shall be subject to a recorded deed restriction for a period of 55 years for rental units and 45 years for owner-occupied units.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
“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.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
Notwithstanding any other law, until January 1, 2030, “deemed complete” means that the applicant has submitted a preliminary application pursuant to Section 65941.1 or, if the applicant has not submitted a preliminary application, has submitted a complete application pursuant to Section 65943. The local agency shall bear the burden of proof in establishing that the application is not complete.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
“Disapprove the housing development project” includes any instance in which a local agency does any of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Votes or takes final administrative action 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.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Fails to meet the time limits specified in Section 65913.3.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Fails to cease a course of conduct undertaken for an improper purpose, such as to harass or to cause unnecessary delay or needless increases in the cost of the proposed housing development project, that effectively disapproves the proposed housing development without taking final administrative
action if all of the following conditions are met:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The project applicant provides written notice detailing the challenged conduct and why it constitutes disapproval to the local agency established under Section 65100.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Within five working days of receiving the applicant’s written notice described in clause (i), the local agency shall post the notice on the local agency’s internet website, provide a copy of the notice to any person who has made a written request for notices pursuant to subdivision (f) of Section 21167 of the Public Resources Code, and file the notice with the county clerk of each county in which the project will be located. The county clerk shall post the notice and make it available for public inspection in the manner set forth in subdivision (c) of
Section 21152 of the Public Resources Code.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
The local agency shall consider all objections, comments, evidence, and concerns about the project or the applicant’s written notice and shall not make a determination until at least 60 days after the applicant has given written notice to the local agency pursuant to clause (i).
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
Within 90 days of receipt of the applicant’s written notice described in clause (i), the local agency shall issue a written statement that it will immediately cease the challenged conduct or issue written findings that comply with both of the following requirements:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
The findings articulate an objective basis for why the challenged course of conduct is necessary.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
The findings provide clear instructions on what the applicant must submit or supplement so that the local agency can make a final determination regarding the next necessary approval or set the date and time of the next hearing.
</html:p>
<html:p>
(v)
<html:span class="EnSpace"/>
(I)
<html:span class="EnSpace"/>
If a local agency continues the challenged course of conduct described in the applicant’s written notice and fails to issue the written findings described in clause (iv), the local agency shall bear the burden of establishing that its course of conduct does not constitute a disapproval of the housing development project under this subparagraph in an action taken by the applicant.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
If an applicant challenges a local agency’s course of conduct as a disapproval under
this subparagraph, the local agency’s written findings described in clause (iv) shall be incorporated into the administrative record and be deemed to be the final administrative action for purposes of adjudicating whether the local agency’s course of conduct constitutes a disapproval of the housing development project under this subparagraph.
</html:p>
<html:p>
(vi)
<html:span class="EnSpace"/>
A local agency’s action in furtherance of complying with the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code), including, but not limited to, imposing mitigating measures, shall not constitute project disapproval under this subparagraph.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
Fails to comply with Section 65905.5. For purposes of this subparagraph, a builder’s remedy project shall be deemed to comply with the
applicable, objective general plan and zoning standards in effect at the time an application is deemed complete.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
Determines that an application for a housing development project is incomplete pursuant to subdivision (a) or (b) of Section 65943 and includes in the determination an item that is not required on the local agency’s submittal requirement checklist or is prohibited from being required under Section 65941.2. The local agency shall bear the burden of proof that the required item is listed on the submittal requirement checklist or is permitted to be required under Section 65941.2.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
In a subsequent review of an application pursuant to Section 65943, requests the applicant provide new information that was not identified in the initial
determination and upholds this determination in the final written determination on an appeal filed pursuant to subdivision (c) of Section 65943. The local agency shall bear the burden of proof that the required item was identified in the initial determination.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
Determines that an application for a housing development project is incomplete pursuant to subdivision (a) or (b) of Section 65943, a reasonable person would conclude that the applicant has submitted all of the items required on the local agency’s submittal requirement checklist, and the local agency upholds this determination in the final written determination on an appeal filed pursuant to subdivision (c) of Section 65943.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
If a local agency determines that an application is incomplete under Section 65943 after
two resubmittals of the application by the applicant, the local agency shall bear the burden of establishing that the determination is not an effective disapproval of a housing development project under this section.
</html:p>
<html:p>
(G)
<html:span class="EnSpace"/>
Violates subparagraph (D) or (E) of paragraph (6) of subdivision (f).
</html:p>
<html:p>
(H)
<html:span class="EnSpace"/>
Makes a written determination that a preliminary application described in subdivision (a) of Section 65941.1 has expired or that the applicant has otherwise lost its vested rights under the preliminary application for any reason other than those described in subdivisions (c) and (d) of Section 65941.1.
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
Fails to make a determination of whether the project is exempt from the California Environmental
Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code), or commits an abuse of discretion, as defined in subdivision (b) of Section 65589.5.1 if all of the conditions in Section 65589.5.1 are satisfied.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
This subparagraph shall become inoperative on January 1, 2031.
</html:p>
<html:p>
(J)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
Fails to adopt a negative declaration or addendum for the project, to certify an environmental impact report for the project, or to approve another comparable environmental document, such as a sustainable communities environmental assessment pursuant to Section 21155.2 of the Public Resources Code, as required pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code), if
all of the conditions in Section 65589.5.2 are satisfied.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
This subparagraph shall become inoperative on January 1, 2031.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
For purposes of this section and Sections 65589.5.1 and 65589.5.2, “lawful determination” means any final decision about whether to approve or disapprove a statutory or categorical exemption or a negative declaration, addendum, environmental impact report, or comparable environmental review document under the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) that is not an abuse of discretion, as defined in subdivision (b) of Section 65589.5.1 or subdivision (b) of Section 65589.5.2.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
This paragraph
shall become inoperative on January 1, 2031.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
“Lower density” includes any conditions that have the same effect or impact on the ability of the project to provide housing.
</html:p>
<html:p>
(9)
<html:span class="EnSpace"/>
Until January 1, 2030, “objective” means involving no personal or subjective judgment by a public official and being uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official.
</html:p>
<html:p>
(10)
<html:span class="EnSpace"/>
Notwithstanding any other law, until January 1, 2030, “determined to be complete” means that the applicant has submitted a complete application pursuant to Section 65943.
</html:p>
<html:p>
(11)
<html:span class="EnSpace"/>
“Builder’s remedy
project” means a project that meets all of the following criteria:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The project is a housing development project that provides housing for very low, low-, or moderate-income households.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
On or after the date an application for the housing development project or emergency shelter was deemed complete, the jurisdiction did not have a housing element that was in substantial compliance with this article.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The project has a density such that the number of units, as calculated before the application of a density bonus pursuant to Section 65915, complies with all of the following conditions:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The density does not exceed the greatest of the following densities:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
Fifty percent greater than the minimum density deemed appropriate to accommodate housing for that jurisdiction as specified in subparagraph (B) of paragraph (3) of subdivision (c) of Section 65583.2.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
Three times the density allowed by the general plan, zoning ordinance, or state law, whichever is greater.
</html:p>
<html:p>
(III)
<html:span class="EnSpace"/>
The density that is consistent with the density specified in the housing element.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Notwithstanding clause (i), the greatest allowable density shall be 35 units per acre more than the amount allowable pursuant to clause (i), if any portion of the site is located within any of the following:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
One-half mile of a major transit stop, as defined in Section 21064.3 of the Public Resources Code.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
A very low vehicle travel area, as defined in subdivision (h).
</html:p>
<html:p>
(III)
<html:span class="EnSpace"/>
A high or highest resource census tract, as identified by the latest edition of the “CTCAC/HCD Opportunity Map” published by the California Tax Credit Allocation Committee and the Department of Housing and Community Development.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
On sites that have a minimum density requirement and are located within one-half mile of a commuter rail station or a heavy rail station, the density of the project shall not be less than the minimum density required on the site.
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
For purposes of this subparagraph, “commuter rail” means a railway that is not a light rail, streetcar, trolley, or tramway and that is for urban passenger train service consisting of local short distance travel operating between a central city and adjacent suburb with service operated on a regular basis by or under contract with a transit operator for the purpose of transporting passengers within urbanized areas, or between urbanized areas and outlying areas, using either locomotive-hauled or self-propelled railroad passenger cars, with multitrip tickets and specific station-to-station fares.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
For purposes of this subparagraph, “heavy rail” means an electric railway with the capacity for a heavy volume of traffic using high speed and rapid acceleration passenger rail cars operating singly or in multicar trains on fixed rails,
separate rights-of-way from which all other vehicular and foot traffic are excluded, and high platform loading.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
On all other sites with a minimum density requirement, the density of the project shall not be less than the local agency’s minimum density or one-half of the minimum density deemed appropriate to accommodate housing for that jurisdiction as specified in subparagraph (B) of paragraph (3) of subdivision (c) of Section 65583.2, whichever is lower.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
The project site does not abut a site where more than one-third of the square footage on the site has been used, within the past three years, by a heavy industrial use, or a Title V industrial use, as those terms are defined in Section 65913.16.
</html:p>
<html:p>
(12)
<html:span class="EnSpace"/>
“Condition approval” includes imposing on the housing development project, or attempting to subject it to, development standards, conditions, or policies.
</html:p>
<html:p>
(13)
<html:span class="EnSpace"/>
“Unit type” means the form of ownership and the kind of residential unit, including, but not limited to, single-family detached, single-family attached, for-sale, rental, multifamily, townhouse, condominium, apartment, manufactured homes and mobilehomes, factory-built housing, and residential hotel.
</html:p>
<html:p>
(14)
<html:span class="EnSpace"/>
“Proposed by the applicant” means the plans and designs as submitted by the applicant, including, but not limited to, density, unit size, unit type, site plan, building massing, floor area ratio, amenity areas, open space, parking, and ancillary commercial uses.
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
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 housing development project’s application is complete, that have a substantial adverse effect on the viability or affordability of a housing development for very low, low-, or moderate-income households, and the denial of the development or the imposition of conditions on the development is the subject of a court action which challenges the denial or the imposition of conditions, then the burden of proof shall be on the local legislative body to show that its decision is consistent with the findings as described in subdivision (d), and that the findings are supported by a preponderance of the evidence in the record,
and with the requirements of subdivision (o).
</html:p>
<html:p>
(j)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
When a proposed housing development project complies with applicable, objective general plan, zoning, and subdivision standards and criteria, including design review standards, in effect at the time that the application was deemed complete, but the local agency proposes to disapprove the project or to impose a condition that the project be developed at a lower density, the local agency shall base its decision regarding the proposed housing development project upon written findings supported by a preponderance of the evidence on the record that both of the following conditions exist:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
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 explanation of the reason or reasons it considers the housing development to be inconsistent, not in compliance, or not in conformity as follows:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
For purposes of this section, the receipt of a density bonus, incentive, concession, waiver, or reduction of development standards pursuant to Section 65915 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.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(k)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
The applicant, a person who would be eligible to apply for residency in the housing development project or emergency shelter, or a housing organization may bring an action to enforce this section. If, in any action brought to enforce this section, a court finds that any of the following are met, the court shall issue an order pursuant to clause (ii):
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
The local agency, in violation of subdivision (d), disapproved a housing development project or conditioned its approval in a manner rendering it infeasible for the development of an emergency shelter, or housing for very low, low-, or moderate-income households, including farmworker housing, without making the findings required by this section.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
The local agency, in violation of subdivision (j), disapproved a
housing development project complying with applicable, objective general plan and zoning standards and criteria, or imposed a condition that the project be developed at a lower density, without making the findings required by this section.
</html:p>
<html:p>
(III)
<html:span class="EnSpace"/>
(ia)
<html:span class="EnSpace"/>
Subject to sub-subclause (ib), the local agency, in violation of subdivision (o), required or attempted to require a housing development project to comply with an ordinance, policy, or standard not adopted and in effect when a preliminary application was submitted.
</html:p>
<html:p>
(ib)
<html:span class="EnSpace"/>
This subclause shall become inoperative on January 1, 2030.
</html:p>
<html:p>
(IV)
<html:span class="EnSpace"/>
The local agency violated a provision of this section applicable to a builder’s remedy project.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
If the court finds that one of the conditions in clause (i) is met, the court shall issue an order or judgment compelling compliance with this section within a time period not to exceed 60 days, including, but not limited to, an order that the local agency take action on the housing development project or emergency shelter. The court may issue an order or judgment directing the local agency to approve the housing development project or emergency shelter if the court finds that the local agency acted in bad faith when it disapproved or conditionally approved the housing development or emergency shelter in violation of this section. The court shall retain jurisdiction to ensure that its order or judgment is carried out and shall award reasonable attorney’s fees and costs of suit to the plaintiff or petitioner, provided, however, that
the court shall not award attorney’s fees in either of the following instances:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
The court finds, under extraordinary circumstances, that awarding fees would not further the purposes of this section.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
(ia)
<html:span class="EnSpace"/>
In a case concerning a disapproval within the meaning of subparagraph (I) or (J) of paragraph (6) of subdivision (h), the court finds that the local agency acted in good faith and had reasonable cause to disapprove the housing development project due to the existence of a controlling question of law about the application of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) or implementing guidelines as to which there was a substantial ground for difference of opinion at the time of the disapproval.
</html:p>
<html:p>
(ib)
<html:span class="EnSpace"/>
This subclause shall become inoperative on January 1, 2031.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Upon a determination that the local agency has failed to comply with the order or judgment compelling compliance with this section within the time period prescribed by the court, the court shall impose fines on a local agency that has violated this section and require the local agency to deposit any fine levied pursuant to this subdivision into a local housing trust fund. The local agency may elect to instead deposit the fine into the Building Homes and Jobs Trust Fund. The fine shall be in a minimum amount of ten thousand dollars ($10,000) per housing unit in the housing development project on the date the application was deemed complete pursuant to Section 65943. In determining the amount of the 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 for the sole purpose of financing newly constructed housing units affordable to extremely low, very low, or low-income households.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Nothing in this section shall limit the court’s inherent authority to make any other orders to
compel the immediate enforcement of any writ brought under this section, including the imposition of fees and other sanctions set forth under Section 1097 of the Code of Civil Procedure.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
For purposes of this subdivision, “housing organization” means a trade or industry group whose local members are primarily engaged in the construction or management of housing units or a nonprofit organization whose mission includes providing or advocating for increased access to housing for low-income households and have filed written or oral comments with the local agency prior to action on the housing development project. A housing organization may only file an action pursuant to this section to challenge the disapproval of a housing development by a local agency. A housing organization shall be entitled to reasonable attorney’s fees and costs
if it is the prevailing party in an action to enforce this section.
</html:p>
<html:p>
(l)
<html:span class="EnSpace"/>
If the court finds that the local agency (1) acted in bad faith when it violated this section and (2) failed to carry out the court’s order or judgment within the time period prescribed by the court, the court, in addition to any other remedies provided by this section, shall multiply the fine determined pursuant to subparagraph (B) of paragraph (1) of subdivision (k) by a factor of five. If a court has previously found that the local agency violated this section within the same planning period, the court shall multiply the fines by an additional factor for each previous violation. For purposes of this section, “bad faith” includes, but is not limited to, an action or inaction that is frivolous, pretextual, intended to cause unnecessary delay, or entirely without
merit.
</html:p>
<html:p>
(m)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Any action brought to enforce the provisions of this section shall be brought pursuant to Section 1094.5 of the Code of Civil Procedure, and the local agency shall prepare and certify the record of proceedings in accordance with subdivision (c) of Section 1094.6 of the Code of Civil Procedure no later than 30
days after the petition is served, provided that the cost of preparation of the record shall be borne by the local agency, unless the petitioner elects to prepare the record as provided in subdivision (n) of this section. A petition to enforce the provisions of this section shall be filed and served no later than 90 days from the later of (1) the effective date of a decision of the local agency imposing conditions on, disapproving, or any other final action on a housing development project or (2) the expiration of the time periods specified in subparagraph (B) of paragraph (5) of subdivision (h). Upon entry of the trial court’s order, a party may, in order to obtain appellate review of the order, file a petition within 20 days after service upon it of a written notice of the entry of the order, or within such further time not exceeding an additional 20 days as the trial court may for
good cause allow, or may appeal the judgment or order of the trial court under Section 904.1 of the Code of Civil Procedure. If the local agency appeals the judgment of the trial court, the local agency shall post a bond, in an amount to be determined by the court, to the benefit of the plaintiff if the plaintiff is the project applicant.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
A disapproval within the meaning of subparagraph (I) of paragraph (6) of subdivision (h) shall be final for purposes of this subdivision, if the local agency did not make a lawful determination within the time period set forth in paragraph (5) of subdivision (a) of Section 65589.5.1 after the applicant’s timely written notice.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
This paragraph shall become inoperative on January 1, 2031.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
A disapproval within the meaning of subparagraph (J) of paragraph (6) of subdivision (h) shall be final for purposes of this subdivision, if the local agency did not make a lawful determination within 90 days of the applicant’s timely written notice.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
This paragraph shall become inoperative on January 1, 2031.
</html:p>
<html:p>
(n)
<html:span class="EnSpace"/>
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.
</html:p>
<html:p>
(o)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Subject to paragraphs (2), (6), and (7), and subdivision (d) of Section 65941.1, a housing development project shall be subject only to the ordinances, policies, and standards adopted and in effect when a preliminary application including all of the information required by subdivision (a) of Section 65941.1 was submitted.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Paragraph (1) shall not prohibit a housing development project from being subject to ordinances, policies, and standards adopted after the preliminary application
was submitted pursuant to Section 65941.1 in the following circumstances:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
In the case of a fee, charge, or other monetary exaction, to an increase resulting from an automatic annual adjustment based on an independently published cost index that is referenced in the ordinance or resolution establishing the fee or other monetary exaction.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
A preponderance of the evidence in the record establishes that subjecting the housing development project to an ordinance, policy, or standard beyond those in effect when a preliminary application was submitted is necessary to mitigate or avoid a specific, adverse impact upon the public health or safety, as defined in subparagraph (A) of paragraph (1) of subdivision (j), and there is no feasible alternative method to satisfactorily mitigate or
avoid the adverse impact.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Subjecting the housing development project to an ordinance, policy, standard, or any other measure, beyond those in effect when a preliminary application was submitted is necessary to avoid or substantially lessen an impact of the project under the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
The housing development project has not commenced construction within two and one-half years, or three and one-half years for an affordable housing project, following the date that the project received final approval. For purposes of this subparagraph:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
“Affordable housing project” means a housing development that satisfies
both of the following requirements:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
Units within the development are subject to a recorded affordability restriction for at least 55 years for rental housing and 45 years for owner-occupied housing, or the first purchaser of each unit participates in an equity sharing agreement as described in subparagraph (C) of paragraph (2) of subdivision (c) of Section 65915.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
All of the units within the development, excluding managers’ units, are dedicated to lower income households, as defined by Section 50079.5 of the Health and Safety Code.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
“Final approval” means that the housing development project has received all necessary approvals to be eligible to apply for, and obtain, a building permit or permits and
either of the following is met:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
The expiration of all applicable appeal periods, petition periods, reconsideration periods, or statute of limitations for challenging that final approval without an appeal, petition, request for reconsideration, or legal challenge having been filed.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
If a challenge is filed, that challenge is fully resolved or settled in favor of the housing development project.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
The housing development project is revised following submittal of a preliminary application pursuant to Section 65941.1 such that the number of residential units or square footage of construction changes by 20 percent or more, exclusive of any increase resulting from the receipt of a density bonus, incentive, concession,
waiver, or similar provision, including any other locally authorized program that offers additional density or other development bonuses when affordable housing is provided. For purposes of this subdivision, “square footage of construction” means the building area, as defined by the California Building Standards Code (Title 24 of the California Code of Regulations).
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
This subdivision does not prevent a local agency from subjecting the additional units or square footage of construction that result from project revisions occurring after a preliminary application is submitted pursuant to Section 65941.1 to the ordinances, policies, and standards adopted and in effect when the preliminary application was submitted.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
For purposes of this subdivision, “ordinances, policies, and standards”
includes general plan, community plan, specific plan, zoning, design review standards and criteria, subdivision standards and criteria, and any other rules, regulations, requirements, and policies of a local agency, as defined in Section 66000, including those relating to development impact fees, capacity or connection fees or charges, permit or processing fees, and other exactions.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
This subdivision shall not be construed in a manner that would lessen the restrictions imposed on a local agency, or lessen the protections afforded to a housing development project, that are established by any other law, including any other part of this section.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
This subdivision shall not restrict the authority of a public agency or local agency to require mitigation measures to lessen the
impacts of a housing development project under the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
With respect to completed residential units for which the project approval process is complete and a certificate of occupancy has been issued, nothing in this subdivision shall limit the application of later enacted ordinances, policies, and standards that regulate the use and occupancy of those residential units, such as ordinances relating to rental housing inspection, rent stabilization, restrictions on short-term renting, and business licensing requirements for owners of rental housing.
</html:p>
<html:p>
(8)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
This subdivision shall apply to a housing development project that submits a preliminary application
pursuant to Section 65941.1 before January 1, 2030.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
This subdivision shall become inoperative on January 1, 2034.
</html:p>
<html:p>
(p)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
Upon any motion for an award of attorney’s fees pursuant to Section 1021.5 of the Code of Civil Procedure, in a case challenging a local agency’s approval of a housing development project, a court, in weighing whether a significant benefit has been conferred on the general public or a large class of persons and whether the necessity of private enforcement makes the award appropriate, shall give due weight to the degree to which the local agency’s approval furthers policies of this section, including, but not limited to, subdivisions (a), (b), and (c), the suitability of the site for a housing development, and the reasonableness
of the decision of the local agency. It is the intent of the Legislature that attorney’s fees and costs shall rarely, if ever, be awarded if a local agency, acting in good faith, approved a housing development project that satisfies conditions established in paragraph (1), (2), or (3) of subdivision (a) of Section 65589.5.1 or paragraph (1), (2), or (3) of subdivision (a) of Section 65589.5.2.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
This subdivision shall become inoperative on January 1, 2031.
</html:p>
<html:p>
(q)
<html:span class="EnSpace"/>
This section shall be known, and may be cited, as the Housing Accountability Act.
</html:p>
<html:p>
(r)
<html:span class="EnSpace"/>
The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or
applications that can be given effect without the invalid provision or application.
</html:p>
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<ns0:BillSection id="id_436B64EA-6E30-4274-B3A7-EBB75DB7C7AA">
<ns0:Num>SEC. 2.</ns0:Num>
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Section 65940.1 of the
<ns0:DocName>Government Code</ns0:DocName>
is amended to read:
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<ns0:LawSection id="id_6552DE45-A49E-4A5D-A204-01D53ACF3B19">
<ns0:Num>65940.1.</ns0:Num>
<ns0:LawSectionVersion id="id_06318B23-593F-4D49-8E80-ACF56C4D0296">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
A city, county, or special district that has an internet website shall make all of the following available on its internet website, as applicable:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
A current schedule of fees, exactions, and affordability requirements imposed by that city, county, or special district, including any dependent special districts, as defined in Section 56032.5, of the city or county applicable to a proposed housing development project.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The city, county, or special district shall present the information described in clause (i) in a manner that clearly identifies the fees, exactions, and
affordability requirements that apply to each parcel and the fees that apply to each new water and sewer utility connection.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
The city, county, or special district shall post a written fee schedule or a link directly to the written fee schedule on its internet website.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
All zoning ordinances and development standards adopted by the city or county presenting the information, which shall specify the zoning, design, and development standards that apply to each parcel.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The list required to be compiled pursuant to Section 65940 by the city or county presenting the information.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
The current and five previous annual fee reports or the current
and five previous annual financial reports, that were required pursuant to subdivision (b) of Section 66006 and subdivision (d) of Section 66013.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
An archive of impact fee nexus studies, cost of service studies, or equivalent, conducted by that city, county, or special district on or after January 1, 2018. For purposes of this subparagraph, “cost of service study” means the data provided to the public pursuant to subdivision (a) of Section 66016.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A city or county that has an internet website shall, in addition to the materials required under paragraph (1), make both of the following available on its internet website, as applicable:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
A copy of the standardized application form for a housing entitlement adopted by
the Department of Housing and Community Development pursuant to Section 65941.2.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
If a city or county develops its own application form or template pursuant to Section 65941.2, a copy of the form or template.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
A city, county, or special district shall update the information made available under this subdivision within 30 days of any changes.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
A city or county shall request from a development proponent, upon issuance of a certificate of occupancy or the final inspection, whichever occurs last, the total amount of fees and exactions associated with the project for which the certificate was issued. The request shall clearly state that the development proponent is under no obligation
to respond to the request for information and that the development proponent will not be subjected to any consequences for not responding or for the content of a response. The city or county shall post this information on its internet website, and update it at least twice per year.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
A city or county shall not be responsible for the accuracy for the information received and posted pursuant to subparagraph (A). A city or county may include a disclaimer regarding the accuracy of the information posted on its internet website under this paragraph.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
For purposes of this section:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
“Affordability requirement” means a requirement imposed as a condition of a development of residential units, that the development
include a certain percentage of the units affordable for rent or sale to households with incomes that do not exceed the limits for moderate-income, lower income, very low income, or extremely low income households specified in Sections 50079.5, 50093, 50105, and 50106 of the Health and Safety Code, or an alternative means of compliance with that requirement, including, but not limited to, in-lieu fees, land dedication, off-site construction, or acquisition and rehabilitation of existing units.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
“Exaction” means any of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
A construction excise tax.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
A requirement that the housing development project provide public art or an in-lieu payment.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
Dedications of parkland or in-lieu fees imposed pursuant to Section 66477.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
A special tax levied on new housing units pursuant to the Mello-Roos Community Facilities Act of 1982 (Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5).
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
“Exaction” does not include fees or charges pursuant to Section 66013 that are not imposed (i) in connection with issuing or approving a permit for development or (ii) as a condition of approval of a proposed development, as held in Capistrano Beach Water Dist. v. Taj Development Corp. (1999) 72 Cal.App.4th 524.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
“Fee” means a fee or charge described in the Mitigation Fee Act (Chapter 5 (commencing with Section 66000), Chapter 6 (commencing
with Section 66010), Chapter 7 (commencing with Section 66012), Chapter 8 (commencing with Section 66016), and Chapter 9 (commencing with Section 66020)).
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
“Housing development project” means a use consisting of any of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
Residential units only.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Mixed-use developments consisting of residential and nonresidential uses with at least two-thirds of the square footage designated for residential use.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Transitional housing or supportive housing.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
This section shall not be construed to alter the existing authority of a city, county, or special district to adopt or impose an
exaction or fee.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
This section shall not be construed to impose any obligation on any entity, including a development proponent, other than a city, county, or special district. This subdivision does not constitute a change in, but is declaratory of, existing law.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_04785F5F-3338-465C-9B9D-77B9BE2C8FB2">
<ns0:Num>SEC. 3.</ns0:Num>
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Section 65941.2 is added to the
<ns0:DocName>Government Code</ns0:DocName>
, to read:
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<ns0:Fragment>
<ns0:LawSection id="id_278C4163-41B3-4945-85E4-38074CB75290">
<ns0:Num>65941.2.</ns0:Num>
<ns0:LawSectionVersion id="id_88C26A69-B75B-4F1C-9853-62B122596EEE">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
For purposes of Section 65943, an application for a housing entitlement shall be deemed complete upon payment of the permit processing fee and upon completing all of the following, if applicable:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Providing all of the following information about the proposed housing development project to the city, county, or city and county from which approval for the housing entitlement is being sought:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
A description of the proposed housing development project.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
A list of the approvals requested by the applicant.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Proof that the applicant owns the property on which the housing development project will be located or a signed statement from the property owner authorizing submission of the application.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
The information required by paragraph (2) of subdivision (a) of, and subdivision (b) of, Section 65940, where applicable.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
The information required by subdivision (a) of Section 65941.1.
</html:p>
<html:p>
(F)
<html:span class="EnSpace"/>
A survey
of the property stamped and signed by a licensed surveyor or licensed civil engineer, if the housing development project consists of five or more units.
</html:p>
<html:p>
(G)
<html:span class="EnSpace"/>
Proposed floor plans. A sample single floor plan may be submitted to satisfy this requirement if the unit plans and layouts on each floor of the building are substantially similar.
</html:p>
<html:p>
(H)
<html:span class="EnSpace"/>
Proposed architectural section drawings.
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
A proposed roof plan.
</html:p>
<html:p>
(J)
<html:span class="EnSpace"/>
A proposed preliminary landscape plan.
</html:p>
<html:p>
(K)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
Subject to the limitations in subdivision (b), a completed environmental questionnaire providing sufficient information about the
property and proposed housing development project to allow the city, county, or city and county to comply with Section 21080.2 of the Public Resources Code, including, but not limited to, a rough estimate of required grading and the amount of soil export.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
This subparagraph does not prohibit either of the following:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
An applicant from voluntarily submitting additional information related to compliance with the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) as part of the housing entitlement application.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
A city, county, or city and county from requesting that an applicant voluntarily submit additional information related to compliance with
the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) as part of the housing entitlement application, provided that the request clearly states that submission of the additional information is voluntary and not required for the application to be deemed complete.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Providing all of the following information about the proposed housing development project to the city, county, or city and county from which approval for the housing entitlement is being sought, if required by the city, county, or city and
county:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
For a housing development project requesting approval of a subdivision, lot merger, lot line adjustment, certificate of compliance, or other permit or entitlement under the Subdivision Map Act (Division 2 (commencing with Section 66410)), or a local ordinance authorized by the Subdivision Map Act (Division 2 (commencing with Section 66410)), the information and documents required on the application list compiled by the city, county, or city or county pursuant to Section 65940 for the housing entitlement, unless requiring that information or those documents is prohibited under subdivision (b).
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Notwithstanding paragraph (3) of subdivision (b), geotechnical studies may be required pursuant to this subparagraph.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Photographs of the housing development project site and surrounding area.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
Signed affidavits stating that the applicant will comply with fair housing laws, nondiscrimination laws, and similar provisions of federal, state, and local law.
</html:p>
<html:p>
(D)
<html:span class="EnSpace"/>
Notwithstanding paragraph (3) of subdivision (b), a letter from an arborist identifying the number, species, size, and condition of all trees on the property, if the city, county, or city and county has an ordinance regulating the removal of trees of a certain size, species, or condition.
</html:p>
<html:p>
(E)
<html:span class="EnSpace"/>
Calculations regarding the amount of linear or square footage of existing site improvements proposed for demolition,
if the city, county, or city and county has an ordinance regulating the demolition of existing buildings.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Providing any requirement listed in paragraph (1) of subdivision (b) to the city, county, or city and county from which approval of the housing entitlement is being sought, if the requirement is imposed by the city, county, or city and county as a condition of eligibility for a local program that meets all of the following requirements:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The local program makes the housing development project eligible for one or both of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Ministerial review where the housing development project would otherwise be subject to discretionary review.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Expedited processing timelines that are shorter than what would otherwise be required under state law.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
Participation by the housing development project in the local program is voluntary.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
The local program is not mandated by the state for a city, county, or city and county.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
For purposes of Section 65943, a city, county, or city and county shall not require any of the following as a condition of determining that an application for a housing entitlement is complete:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Except as provided in paragraph (3) of subdivision
(a) and subdivision (c), any requirement for preapplication submissions, approvals, reviews, meetings, consultations, public outreach, notices, or any other preapplication requirements, or any application submittal appointment.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Any approval or determination by any official, body, department, or subdepartment of the city, county, or city and county.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Except as provided in clause (ii) of subparagraph (A) of, or subparagraph (D) of, paragraph (2) of subdivision (a), any expert studies or plans, including, but not limited to, traffic studies, trip generation studies, transportation demand management plans, geotechnical studies, arborist reports, noise studies, air quality impact studies, stormwater management plans, or a phase I environmental
assessment, as defined in Section 78090 of the Health and Safety Code.
</html:p>
<html:p>
(4)
<html:span class="EnSpace"/>
Any information solely required for the purpose of reviewing an application for, or issuing a permit for, a postentitlement phase permit, as defined in paragraph (3) of subdivision (j) of Section 65913.3, including, but not limited to, structural plans, mechanical plans, electrical plans, plumbing plans, fire and life safety plans, accessibility requirement compliance plans, or any other construction plans or drawings.
</html:p>
<html:p>
(5)
<html:span class="EnSpace"/>
A listing or depiction of the city’s, county’s, or city and county’s development standards.
</html:p>
<html:p>
(6)
<html:span class="EnSpace"/>
Any requirement that limits the architects, engineers, or other consultants or professionals that the applicant may use to prepare the
application or any part of the application, except as required by state law.
</html:p>
<html:p>
(7)
<html:span class="EnSpace"/>
Any requirement that the proposed project be consistent with the city’s, county’s, or city and county’s development standards, or that the applicant demonstrate such consistency.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
Notwithstanding paragraph (1) of subdivision (b), a city, county, or city and county may require a preapplication process for determining the information required pursuant to paragraph (2) of subdivision (a) of Section 65940.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
On or before July 1, 2026, the Department of Housing and Community Development shall adopt a standardized application form that applicants for housing entitlements may use for the purpose of satisfying the requirements for submittal of an application under subdivision (a), and may review, adopt, amend, and repeal standards, forms, and definitions to implement this section.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
The Department of Housing and Community Development shall adopt emergency regulations to implement this section. Notwithstanding Sections 11346.1 and 11349.6, a finding of emergency or necessity to address an emergency shall not be required. Notwithstanding any other law, these emergency regulations shall be valid for a period of 18 months, or until the date permanent regulations to implement this section are adopted, whichever is sooner.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
On or after October 1, 2026, a city, county, or city and county shall accept an application
submitted on the standardized application form adopted by the Department of Housing and Community Development pursuant to subdivision (d) and shall not require submission of any other forms, except as permitted by paragraphs (2) and (3) of subdivision (a).
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A city, county, or city and county shall not impose a penalty or an additional fee, processing requirement, or submittal requirement as a consequence of an applicant using the standardized application form adopted by the Department of Housing and Community Development pursuant to subdivision
(d).
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
A city, county, or city and county may determine the number of copies of application documents that must be submitted, the size of architectural and engineering documents submitted, and the format that the documents must be submitted, provided that the requirements are consistent with the city’s, county’s, or city and county’s application requirements for applications that are not for housing entitlements, do not violate paragraph (2), and otherwise comply with state and federal law.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
A city, county, or city and county may establish requirements that require the applicant to submit less information than is required in subdivision (a) for the submission of a complete application for a housing entitlement.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
A city, county, or city and county may develop its own application forms and templates for different scopes of housing entitlement, so long as those forms and templates meet the following criteria:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
The forms and templates solely request the information required in subdivision (a) or less information than is required in subdivision (a).
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
The forms and templates do not include any of the information prohibited by subdivision (b).
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
This section shall not be construed to relieve the city, county, or city and county from complying with the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).
</html:p>
<html:p>
(h)
<html:span class="EnSpace"/>
For the purposes of this section, the following definitions apply:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
“Housing development project” means a use consisting of
any of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
Residential units only, including a single dwelling unit.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
Mixed-use developments consisting of residential and nonresidential uses that meet any of the following conditions:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
At least two-thirds of the new or converted square footage is designated for residential use.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
At least 50 percent of the new or converted square footage is designated for residential use and the project meets both of the following:
</html:p>
<html:p>
(ia)
<html:span class="EnSpace"/>
The project includes at least 500 net new residential units.
</html:p>
<html:p>
(ib)
<html:span class="EnSpace"/>
No portion of the project is designated for use as a hotel, motel, bed and breakfast inn, or other transient lodging, except a portion of the project may be designated for use as a residential hotel, as defined in Section 50519 of the Health and Safety Code.
</html:p>
<html:p>
(III)
<html:span class="EnSpace"/>
At least 50 percent of the net new or converted square footage is designated for residential use and the project meets all of the following:
</html:p>
<html:p>
(ia)
<html:span class="EnSpace"/>
The
project includes at least 500 net new residential units.
</html:p>
<html:p>
(ib)
<html:span class="EnSpace"/>
The project involves the demolition or conversion of at least 100,000 square feet of nonresidential use.
</html:p>
<html:p>
(ic)
<html:span class="EnSpace"/>
The project demolishes at least 50 percent of the existing nonresidential uses on the site.
</html:p>
<html:p>
(id)
<html:span class="EnSpace"/>
No portion of the project is designated for use as a hotel, motel, bed and breakfast inn, or other transient lodging, except a portion of the project may be designated for use as a residential hotel, as defined in Section 50519 of the Health and Safety Code.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
Transitional housing or supportive housing.
</html:p>
<html:p>
(iv)
<html:span class="EnSpace"/>
Farmworker housing, as defined in subdivision (h) of Section 50199.7 of the Health and Safety Code.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
“Housing development project” includes, but is not limited to, projects that involve no discretionary approvals and projects that involve both discretionary and nondiscretionary approvals.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
“Housing development project” includes a project that requests either of the following:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
A density bonus, incentives, concessions, waiver
or reduction of development standards, or parking reduction under Section 65915.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
A density bonus or other project benefit under a local housing incentive program.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
“Housing entitlement” means one or more of the following:
</html:p>
<html:p>
(A)
<html:span class="EnSpace"/>
An approval, permit, or other entitlement issued by a city, county, or city and county that is subject to Chapter 4.5 (commencing with Section 65920) and is for a housing development project.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
A ministerial approval, permit, or entitlement issued by a city, county, or city and county and required as a prerequisite to issuance of a building permit for a housing development project.
</html:p>
<html:p>
(C)
<html:span class="EnSpace"/>
A request for a density bonus, incentives, concessions, waivers or reductions of development standards, or parking reductions under Section 65915, or a request for a density bonus or other project benefit under a local housing incentive program.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_8BC2BC30-C772-4F38-A912-AFC11D87E259">
<ns0:Num>SEC. 4.</ns0:Num>
<ns0:Content>
<html:p>The Legislature finds and declares all of the following:</html:p>
<html:p>
(a)
<html:span class="EnSpace"/>
The state faces a housing crisis of availability and affordability, in large part due to a severe shortage of housing.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Solving the housing crisis therefore requires a multifaceted, statewide approach, which will include, but is not limited to, any or some of the following:
</html:p>
<html:p>
(1)
<html:span class="EnSpace"/>
Encouraging an increase in the overall supply of housing.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Encouraging the development of housing that is affordable to
households at all income levels.
</html:p>
<html:p>
(3)
<html:span class="EnSpace"/>
Removing barriers to housing production, including barriers related to the housing approvals process.
</html:p>
<html:p>Therefore, addressing the housing crisis and the severe shortage of housing is a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Sections 1, 2, and 3 of this act amending Sections 65589.5 and 65940.1 of, and adding Section 65941.2 to, the Government Code apply to all cities, including charter cities.</html:p>
</ns0:Content>
</ns0:BillSection>
<ns0:BillSection id="id_F4CA1A30-6114-4D13-B33F-2E9A6FB9DFF4">
<ns0:Num>SEC. 5.</ns0:Num>
<ns0:Content>
<html:p>If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.</html:p>
</ns0:Content>
</ns0:BillSection>
</ns0:Bill>
</ns0:MeasureDoc>
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