Existing law, the Mello-Roos Community Facilities Act of 1982, authorizes a local agency, as defined, to initiate proceedings to establish a community facilities district as an alternative method of financing certain public capital facilities and services, especially in developing areas undergoing rehabilitation, only if it has first considered and adopted local goals and policies, as prescribed. Existing law authorizes a local agency to take any actions or make any determinations which it determines are necessary or convenient to carry out the purposes of the act and which are not otherwise prohibited by law.

This bill would prohibit a local agency from denying or conditionally denying, or imposing conditions on in a manner that renders infeasible, an application for financing through a community facilities district pursuant to the act that is related to a housing development project that includes units affordable to persons and families of lower income households or moderate income households, as those terms are defined, unless the local agency makes written findings supported by a preponderance of the evidence in the record that, among other things, the denial or any condition is based on specific, written findings setting forth the reasons for the decision.

Existing law, the Housing Accountability Act, which is part of the Planning and Zoning Law, prohibits, among other things, a local agency from disapproving a housing development project or emergency shelter, or conditioning approval in a manner that renders the housing or emergency shelter infeasible, as specified, for a housing development project for very low, low-, or moderate-income households, or an emergency shelter, unless the local agency makes specified written findings based upon a preponderance of the evidence in the record.

This bill would require its provisions to be construed consistently with the standards set forth in the Housing Accountability Act, as applicable.

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.