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	<ns0:Description>
		<ns0:Id>20250SB__034095CHP</ns0:Id>
		<ns0:VersionNum>95</ns0:VersionNum>
		<ns0:History>
			<ns0:Action>
				<ns0:ActionText>INTRODUCED</ns0:ActionText>
				<ns0:ActionDate>2025-02-12</ns0:ActionDate>
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				<ns0:ActionText>AMENDED_SENATE</ns0:ActionText>
				<ns0:ActionDate>2025-03-17</ns0:ActionDate>
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			<ns0:Action>
				<ns0:ActionText>AMENDED_ASSEMBLY</ns0:ActionText>
				<ns0:ActionDate>2025-09-03</ns0:ActionDate>
			</ns0:Action>
			<ns0:Action>
				<ns0:ActionText>PASSED_ASSEMBLY</ns0:ActionText>
				<ns0:ActionDate>2025-09-08</ns0:ActionDate>
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				<ns0:ActionText>PASSED_SENATE</ns0:ActionText>
				<ns0:ActionDate>2025-09-09</ns0:ActionDate>
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			<ns0:Action>
				<ns0:ActionText>ENROLLED</ns0:ActionText>
				<ns0:ActionDate>2025-09-12</ns0:ActionDate>
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				<ns0:ActionText>CHAPTERED</ns0:ActionText>
				<ns0:ActionDate>2025-10-10</ns0:ActionDate>
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			<ns0:Action>
				<ns0:ActionText>APPROVED</ns0:ActionText>
				<ns0:ActionDate>2025-10-10</ns0:ActionDate>
			</ns0:Action>
			<ns0:Action>
				<ns0:ActionText>FILED</ns0:ActionText>
				<ns0:ActionDate>2025-10-10</ns0:ActionDate>
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		<ns0:LegislativeInfo>
			<ns0:SessionYear>2025</ns0:SessionYear>
			<ns0:SessionNum>0</ns0:SessionNum>
			<ns0:MeasureType>SB</ns0:MeasureType>
			<ns0:MeasureNum>340</ns0:MeasureNum>
			<ns0:MeasureState>CHP</ns0:MeasureState>
			<ns0:ChapterYear>2025</ns0:ChapterYear>
			<ns0:ChapterType>CHP</ns0:ChapterType>
			<ns0:ChapterSessionNum>0</ns0:ChapterSessionNum>
			<ns0:ChapterNum>514</ns0:ChapterNum>
		</ns0:LegislativeInfo>
		<ns0:AuthorText authorType="LEAD_AUTHOR">Introduced by Senator Laird</ns0:AuthorText>
		<ns0:AuthorText authorType="COAUTHOR_ORIGINATING">(Coauthor: Senator Blakespear)</ns0:AuthorText>
		<ns0:Authors>
			<ns0:Legislator>
				<ns0:Contribution>LEAD_AUTHOR</ns0:Contribution>
				<ns0:House>SENATE</ns0:House>
				<ns0:Name>Laird</ns0:Name>
			</ns0:Legislator>
			<ns0:Legislator>
				<ns0:Contribution>COAUTHOR</ns0:Contribution>
				<ns0:House>SENATE</ns0:House>
				<ns0:Name>Blakespear</ns0:Name>
			</ns0:Legislator>
		</ns0:Authors>
		<ns0:Title>An act to amend Section 65583 of the Government Code, and to amend Section 50801 of the Health and Safety Code, relating to housing.</ns0:Title>
		<ns0:RelatingClause>housing</ns0:RelatingClause>
		<ns0:GeneralSubject>
			<ns0:Subject>General plans: housing element: emergency shelter.</ns0:Subject>
		</ns0:GeneralSubject>
		<ns0:DigestText>
			<html:p>Existing law requires a city or county to prepare and adopt a general plan for its jurisdiction that contains certain mandatory elements, including a housing element. Existing law requires the housing element to identify adequate sites for housing, including rental housing, factory-built housing, mobilehomes, and emergency shelters, among other things. Existing law requires the housing element to contain an assessment of housing needs and an inventory of resources and constraints relevant to the meeting of these needs, including by identifying one or more zoning designations that allow residential uses, including mixed uses, where emergency shelters are allowed as a permitted use without a conditional use or other discretionary permit and that are suitable for residential uses. Existing law requires an emergency shelter to include other interim interventions, including, but not limited
			 to, a navigation center, bridge housing, and respite or recuperative care.</html:p>
			<html:p>This bill would additionally require an emergency shelter to include all services provided onsite, including the addition or expansion of services that are consistent with certain written, objective standards. By imposing a higher level of service on cities and counties in preparing and adopting a general plan, this bill would impose a state-mandated local program.</html:p>
			<html:p>Existing law requires the Department of Housing and Community Development to administer the Emergency Housing and Assistance Program. Under the program, moneys from the continuously appropriated Emergency Housing and Assistance Fund are available for the purposes of providing shelter, as specified, to homeless persons at as low of a cost and as quickly as possible, without compromising the health and safety of shelter occupants, to encourage the move of homeless persons from shelters to a
			 self-supporting environment as soon as possible, to encourage provision of services for as many persons at risk of homelessness as possible, to encourage compatible and effective funding of homeless services, and to encourage coordination among public agencies that fund or provide services to homeless individuals, as well as agencies that discharge people from their institutions. Existing law defines “emergency shelter” to mean, in part, housing with minimal supportive services for homeless persons that is limited to occupancy of 6 months or less by a homeless person.</html:p>
			<html:p>This bill would modify that definition to mean housing with supportive services for homeless persons that is limited to occupancy of 6 months or less by a homeless person.</html:p>
			<html:p>This bill would incorporate additional changes to Section 65583 of the Government Code
			 proposed by AB 610 and AB 650, to be operative only if this bill and either or both of those bills are enacted and this bill is enacted last.</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>
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		<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:ImmediateEffect>NO</ns0:ImmediateEffect>
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				<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_66FA8472-B1C9-41B2-9E02-87F53EA2D7B5">
			<ns0:Num>SECTION 1.</ns0:Num>
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				Section 65583 of the 
				<ns0:DocName>Government Code</ns0:DocName>
				 is amended to read:
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			<ns0:Fragment>
				<ns0:LawSection id="id_ACF993A5-6626-479E-B9D1-0183BFAA0BE4">
					<ns0:Num>65583.</ns0:Num>
					<ns0:LawSectionVersion id="id_8A337370-CA92-44E4-822A-E5BBF0C018D3">
						<ns0:Content>
							<html:p>The housing element shall consist of an identification and analysis of existing and projected housing needs and a statement of goals, policies, quantified objectives, financial resources, and scheduled programs for the preservation, improvement, and development of housing. The housing element shall identify adequate sites for housing, including rental housing, factory-built housing, mobilehomes, and emergency shelters, and shall make adequate provision for the existing and projected needs of all economic segments of the community. The housing element shall contain all of the following:</html:p>
							<html:p>
								(a)
								<html:span class="EnSpace"/>
								An assessment of housing needs, and an inventory of resources and constraints that are relevant to the meeting of those
						needs. The assessment and inventory shall include all of the following:
							</html:p>
							<html:p>
								(1)
								<html:span class="EnSpace"/>
								An analysis of population and employment trends and documentation of projections and a quantification of the locality’s existing and projected housing needs for all income levels. These existing and projected needs shall include the locality’s share of the regional housing need in accordance with Section 65584.
							</html:p>
							<html:p>
								(2)
								<html:span class="EnSpace"/>
								An analysis and documentation of household characteristics, including level of payment compared to ability to pay, housing characteristics, including overcrowding, and housing stock condition.
							</html:p>
							<html:p>
								(3)
								<html:span class="EnSpace"/>
								An inventory of land suitable and available for residential development, including vacant sites and sites having realistic and demonstrated
						potential for redevelopment during the planning period to meet the locality’s housing need for a designated income level, and an analysis of the relationship of zoning and public facilities and services to these sites, and an analysis of the relationship of the sites identified in the land inventory to the jurisdiction’s duty to affirmatively further fair housing.
							</html:p>
							<html:p>
								(4)
								<html:span class="EnSpace"/>
								(A)
								<html:span class="EnSpace"/>
								The identification of one or more zoning designations that allow residential uses, including mixed uses, where emergency shelters are allowed as a permitted use without a conditional use or other discretionary permit and that are suitable for residential uses. The identified zoning designations shall include sufficient sites meeting the requirements of subparagraph (H) with sufficient capacity, as described in subparagraph (I), to accommodate the need
						for emergency shelter identified in paragraph (7), except that each local government shall identify a zoning designation or designations that can accommodate at least one year-round emergency shelter. If the local government cannot identify a zoning designation or designations with sufficient capacity, the local government shall include a program to amend its zoning ordinance to meet the requirements of this paragraph within one year of the adoption of the housing element. The local government may identify additional zoning designations where emergency shelters are permitted with a conditional use permit. The local government shall also demonstrate that existing or proposed permit processing, development, and management standards that apply to emergency shelters are objective and encourage and facilitate the development of, or conversion to, emergency shelters.
							</html:p>
							<html:p>
								(B)
								<html:span class="EnSpace"/>
								Emergency shelters shall only be subject to the following written, objective standards:
							</html:p>
							<html:p>
								(i)
								<html:span class="EnSpace"/>
								The maximum number of beds or persons permitted to be served nightly by the facility.
							</html:p>
							<html:p>
								(ii)
								<html:span class="EnSpace"/>
								Sufficient parking to accommodate all staff working in the emergency shelter, provided that the standards do not require more parking for emergency shelters than other residential or commercial uses within the same zone.
							</html:p>
							<html:p>
								(iii)
								<html:span class="EnSpace"/>
								The size and location of exterior and interior onsite waiting and client intake areas.
							</html:p>
							<html:p>
								(iv)
								<html:span class="EnSpace"/>
								The provision of onsite management.
							</html:p>
							<html:p>
								(v)
								<html:span class="EnSpace"/>
								The proximity to other emergency shelters, provided
						that emergency shelters are not required to be more than 300 feet apart.
							</html:p>
							<html:p>
								(vi)
								<html:span class="EnSpace"/>
								The length of stay.
							</html:p>
							<html:p>
								(vii)
								<html:span class="EnSpace"/>
								Lighting.
							</html:p>
							<html:p>
								(viii)
								<html:span class="EnSpace"/>
								Security during hours that the emergency shelter is in operation.
							</html:p>
							<html:p>
								(C)
								<html:span class="EnSpace"/>
								For purposes of this paragraph, “emergency shelter” shall include other interim interventions, including, but not limited to, a navigation center, bridge housing, and respite or recuperative care, and all services provided onsite, including the addition or expansion of services that are consistent with any written, objective standards pursuant to subparagraph (B).
							</html:p>
							<html:p>
								(D)
								<html:span class="EnSpace"/>
								The permit processing, development, and
						management standards applied under this paragraph shall not be deemed to be discretionary acts within the meaning of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).
							</html:p>
							<html:p>
								(E)
								<html:span class="EnSpace"/>
								If a local government has adopted written, objective standards pursuant to subparagraph (B), the local government shall include an analysis of the standards in the analysis of constraints pursuant to paragraph (5).
							</html:p>
							<html:p>
								(F)
								<html:span class="EnSpace"/>
								A local government that can demonstrate, to the satisfaction of the department, the existence of one or more emergency shelters either within its jurisdiction or pursuant to a multijurisdictional agreement that can accommodate that jurisdiction’s need and the needs of the other jurisdictions that are a part of the agreement for emergency
						shelter identified in paragraph (7) may comply with the zoning requirements of subparagraph (A) by identifying a zoning designation where new emergency shelters are allowed with a conditional use permit.
							</html:p>
							<html:p>
								(G)
								<html:span class="EnSpace"/>
								A local government with an existing ordinance or ordinances that comply with this paragraph shall not be required to take additional action to identify zoning designations for emergency shelters. The housing element must only describe how existing ordinances, policies, and standards are consistent with the requirements of this paragraph.
							</html:p>
							<html:p>
								(H)
								<html:span class="EnSpace"/>
								The zoning designation or designations where emergency shelters are allowed, as described in subparagraph (A), shall include sites that meet at least one of the following standards:
							</html:p>
							<html:p>
								(i)
								<html:span class="EnSpace"/>
								Vacant sites zoned for residential use.
							</html:p>
							<html:p>
								(ii)
								<html:span class="EnSpace"/>
								Vacant sites zoned for nonresidential use that allow residential development, if the local government can demonstrate how the sites with this zoning designation that are being used to satisfy the requirements of paragraph (1) are located near amenities and services that serve people experiencing homelessness, which may include health care, transportation, retail, employment, and social services, or that the local government will provide free transportation to services or offer services onsite.
							</html:p>
							<html:p>
								(iii)
								<html:span class="EnSpace"/>
								Nonvacant sites zoned for residential use or for nonresidential use that allow residential development that are suitable for use as a shelter in the current planning period, or which can be redeveloped for use as a shelter in the
						current planning period. A nonvacant site with an existing use shall be presumed to impede emergency shelter development absent an analysis based on substantial evidence that the use is likely to be discontinued during the planning period. The analysis shall consider current market demand for the current uses, market conditions, and incentives or standards to encourage shelter development.
							</html:p>
							<html:p>
								(I)
								<html:span class="EnSpace"/>
								The zoning designation or designations shall have sufficient sites meeting the requirements of subparagraph (H) to accommodate the need for shelters identified pursuant to paragraph (7). The number of people experiencing homelessness that can be accommodated on any site shall be demonstrated by dividing the square footage of the site by a minimum of 200 square feet per person, unless the locality can demonstrate that one or more shelters were
						developed on sites that have fewer square feet per person during the prior planning period or the locality provides similar evidence to the department demonstrating that the site can accommodate more people experiencing homelessness. Any standard applied pursuant to this subparagraph is intended only for calculating site capacity pursuant to this section, and shall not be construed as establishing a development standard applicable to the siting, development, or approval of a shelter.
							</html:p>
							<html:p>
								(J)
								<html:span class="EnSpace"/>
								Notwithstanding subparagraph (H), a local government may accommodate the need for emergency shelters identified pursuant to paragraph (7) on sites owned by the local government if it
						demonstrates with substantial evidence that the sites will be made available for emergency shelter during the planning period, they are suitable for residential use, and the sites are located near amenities and services that serve people experiencing homelessness, which may include health care, transportation, retail, employment, and social services, or that the local government will provide free transportation to services or offer services onsite.
							</html:p>
							<html:p>
								(5)
								<html:span class="EnSpace"/>
								An analysis of potential and actual governmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the types of housing identified in paragraph (1) of subdivision (c), and for persons with disabilities as identified in the analysis pursuant to paragraph (7), including land use controls, building codes and their enforcement, site improvements,
						fees, and other exactions required of developers, local processing and permit procedures, historic preservation practices and policies and an assessment of how existing and proposed historic designations affect the locality’s ability to meet its share of the housing need pursuant to paragraph (1), and any locally adopted ordinances that directly impact the cost and supply of residential development. The analysis shall also demonstrate local efforts to remove governmental constraints that hinder the locality from meeting its share of the regional housing need in accordance with Section 65584 and from meeting the need for housing for persons with disabilities, supportive housing, transitional housing, and emergency shelters identified pursuant to paragraph (7).
							</html:p>
							<html:p>
								(6)
								<html:span class="EnSpace"/>
								An analysis of potential and actual nongovernmental constraints upon
						the maintenance, improvement, or development of housing for all income levels, including the availability of financing, the price of land, the cost of construction, the requests to develop housing at densities below those anticipated in the analysis required by subdivision (c) of Section 65583.2, and the length of time between receiving approval for a housing development and submittal of an application for building permits for that housing development that hinder the construction of a locality’s share of the regional housing need in accordance with Section 65584. The analysis shall also demonstrate local efforts to remove nongovernmental constraints that create a gap between the locality’s planning for the development of housing for all income levels and the construction of that housing.
							</html:p>
							<html:p>
								(7)
								<html:span class="EnSpace"/>
								(A)
								<html:span class="EnSpace"/>
								An analysis of any special
						housing needs, such as those of the elderly; persons with disabilities, including a developmental disability, as defined in Section 4512 of the Welfare and Institutions Code; extremely low income households; large families; farmworkers; families with female heads of households; and families and persons in need of emergency shelter. The need for emergency shelter shall be assessed based on the capacity necessary to accommodate the most recent homeless point-in-time count conducted before the start of the planning period, the need for emergency shelter based on number of beds available on a year-round and seasonal basis, the number of shelter beds that go unused on an average monthly basis within a one-year period, and the percentage of those in emergency shelters that move to permanent housing solutions. The need for emergency shelter may be reduced by the number of supportive housing units that are
						identified in an adopted 10-year plan to end chronic homelessness and that are either vacant or for which funding has been identified to allow construction during the planning period. An analysis of special housing needs by a city or county may include an analysis of the need for frequent user coordinated care housing services.
							</html:p>
							<html:p>
								(B)
								<html:span class="EnSpace"/>
								For the seventh and subsequent revisions of the housing element, the analysis required in subparagraph (A) shall also include an analysis of the housing needs of acutely and extremely low income households.
							</html:p>
							<html:p>
								(8)
								<html:span class="EnSpace"/>
								An analysis of opportunities for energy conservation with respect to residential development. Cities and counties are encouraged to include weatherization and energy efficiency improvements as part of publicly subsidized housing rehabilitation
						projects. This may include energy efficiency measures that encompass the building envelope, its heating and cooling systems, and its electrical system.
							</html:p>
							<html:p>
								(9)
								<html:span class="EnSpace"/>
								An analysis of existing assisted housing developments that are eligible to change from low-income housing uses during the next 10 years due to termination of subsidy contracts, mortgage prepayment, or expiration of restrictions on use. “Assisted housing developments,” for the purpose of this section, shall mean multifamily rental housing that receives governmental assistance under federal programs listed in subdivision (a) of Section 65863.10, state and local multifamily revenue bond programs, local redevelopment programs, the federal Community Development Block Grant Program, or local in-lieu fees. “Assisted housing developments” shall also include multifamily rental units that
						were developed pursuant to a local inclusionary housing program or used to qualify for a density bonus pursuant to Section 65916.
							</html:p>
							<html:p>
								(A)
								<html:span class="EnSpace"/>
								The analysis shall include a listing of each development by project name and address, the type of governmental assistance received, the earliest possible date of change from low-income use, and the total number of elderly and nonelderly units that could be lost from the locality’s low-income housing stock in each year during the 10-year period. For purposes of state and federally funded projects, the analysis required by this subparagraph need only contain information available on a statewide basis.
							</html:p>
							<html:p>
								(B)
								<html:span class="EnSpace"/>
								The analysis shall estimate the total cost of producing new rental housing that is comparable in size and rent levels, to replace the units that
						could change from low-income use, and an estimated cost of preserving the assisted housing developments. This cost analysis for replacement housing may be done aggregately for each five-year period and does not have to contain a project-by-project cost estimate.
							</html:p>
							<html:p>
								(C)
								<html:span class="EnSpace"/>
								The analysis shall identify public and private nonprofit corporations known to the local government that have legal and managerial capacity to acquire and manage these housing developments.
							</html:p>
							<html:p>
								(D)
								<html:span class="EnSpace"/>
								The analysis shall identify and consider the use of all federal, state, and local financing and subsidy programs that can be used to preserve, for lower income households, the assisted housing developments, identified in this paragraph, including, but not limited to, federal Community Development Block Grant Program funds,
						tax increment funds received by a redevelopment agency of the community, and administrative fees received by a housing authority operating within the community. In considering the use of these financing and subsidy programs, the analysis shall identify the amounts of funds under each available program that have not been legally obligated for other purposes and that could be available for use in preserving assisted housing developments.
							</html:p>
							<html:p>
								(b)
								<html:span class="EnSpace"/>
								(1)
								<html:span class="EnSpace"/>
								A statement of the community’s goals, quantified objectives, and policies relative to affirmatively furthering fair housing and to the maintenance, preservation, improvement, and development of housing.
							</html:p>
							<html:p>
								(2)
								<html:span class="EnSpace"/>
								It is recognized that the total housing needs identified pursuant to subdivision (a) may exceed available resources and the
						community’s ability to satisfy this need within the content of the general plan requirements outlined in Article 5 (commencing with Section 65300). Under these circumstances, the quantified objectives need not be identical to the total housing needs. The quantified objectives shall establish the maximum number of housing units by income category that can be constructed, rehabilitated, and conserved over a five-year time period.
							</html:p>
							<html:p>
								(c)
								<html:span class="EnSpace"/>
								A program that sets forth a schedule of actions during the planning period, each with a timeline for implementation, that may recognize that certain programs are ongoing, such that there will be beneficial impacts of the programs within the planning period, that the local government is undertaking or intends to undertake to implement the policies and achieve the goals and objectives of the housing element through
						the administration of land use and development controls, the provision of regulatory concessions and incentives, the utilization of appropriate federal and state financing and subsidy programs when available, and the utilization of moneys in a low- and moderate-income housing fund of an agency if the locality has established a redevelopment project area pursuant to the Community Redevelopment Law (Division 24 (commencing with Section 33000) of the Health and Safety Code). In order to make adequate provision for the housing needs of all economic segments of the community, the program shall do all of the following:
							</html:p>
							<html:p>
								(1)
								<html:span class="EnSpace"/>
								Identify actions that will be taken to make sites available during the planning period with appropriate zoning and development standards and with services and facilities to accommodate that portion of the city’s or
						county’s share of the regional housing need for all income levels that could not be accommodated on sites identified in the inventory completed pursuant to paragraph (3) of subdivision (a) without rezoning, and to comply with the requirements of Section 65584.09. Sites shall be identified as needed to affirmatively further fair housing and to facilitate and encourage the development of a variety of types of housing for all income levels, including multifamily rental housing, factory-built housing, mobilehomes, housing for agricultural employees, supportive housing, single-room occupancy units, emergency shelters, and transitional housing.
							</html:p>
							<html:p>
								(A)
								<html:span class="EnSpace"/>
								Where the inventory of sites, pursuant to paragraph (3) of subdivision (a), does not identify adequate sites to accommodate the need for groups of all household income levels pursuant to Section
						65584, a program for rezoning of those sites, subject to the following deadlines:
							</html:p>
							<html:p>
								(i)
								<html:span class="EnSpace"/>
								For the adoption of the sixth revision of the housing element, jurisdictions with an eight-year housing element planning period pursuant to Section 65588, including adoption of minimum density and development standards or, for a jurisdiction in the coastal zone, any necessary local coastal program amendments related to land use designations, changes in intensity of land use, zoning ordinances, or zoning district maps, consistent with Sections 30512, 30512.2, 30513, and 30514 of the Public Resources Code, shall be completed no later than three years after either the date the housing element is adopted pursuant to subdivision (f) of Section 65585 or the date that is 90 days after receipt of comments from the department pursuant to subdivision (b) of Section
						65585, whichever is earlier, unless the deadline is extended pursuant to subdivision (f). Notwithstanding the foregoing, for a local government that fails to adopt a housing element that the department has found to be in substantial compliance with this article within 120 days of the statutory deadline in Section 65588 for adoption of the housing element, rezoning of those sites, including adoption of minimum density and development standards or, for a jurisdiction in the coastal zone, any necessary local coastal program amendments related to land use designations, changes in intensity of land use, zoning ordinances, or zoning district maps, consistent with Sections 30512, 30512.2, 30513, and 30514 of the Public Resources Code, shall be completed no later than one year from the statutory deadline in Section 65588 for adoption of the housing element.
							</html:p>
							<html:p>
								(ii)
								<html:span class="EnSpace"/>
								For adoption of the seventh and all subsequent revisions of the housing element, rezonings shall be completed no later than one year from the statutory deadline in Section 65588 for adoption of the housing element.
							</html:p>
							<html:p>
								(iii)
								<html:span class="EnSpace"/>
								Notwithstanding clause (ii), for the adoption of the seventh and all subsequent revisions of the housing element, rezonings shall be completed no later than three years and 90 days after the statutory deadline in Section 65588 for adoption of the housing element, unless the deadline is extended pursuant to subdivision (f). This clause shall apply only if the local government complies with all of the following:
							</html:p>
							<html:p>
								(I)
								<html:span class="EnSpace"/>
								The local government submits a draft element or draft amendment to the department for review pursuant to paragraph (1) of subdivision
						(b) of Section 65585 at least 90 days before the statutory deadline established in Section 65588 for adoption of the housing element.
							</html:p>
							<html:p>
								(II)
								<html:span class="EnSpace"/>
								The local government receives from the department findings that the draft element or draft amendment substantially complies with this article pursuant to paragraph (3) of subdivision (b) of Section 65585 on or before the statutory deadline set forth in Section 65588 for adoption of the housing element.
							</html:p>
							<html:p>
								(III)
								<html:span class="EnSpace"/>
								The local government adopts the draft element or draft amendment that the department found to substantially comply with this article no later than 120 days after the statutory deadline set forth in Section 65588.
							</html:p>
							<html:p>
								(B)
								<html:span class="EnSpace"/>
								Where the inventory of sites, pursuant to paragraph (3) of subdivision
						(a), does not identify adequate sites to accommodate the need for groups of all household income levels pursuant to Section 65584, the program shall identify sites that can be developed for housing within the planning period pursuant to subdivision (h) of Section 65583.2. The identification of sites shall include all components specified in Section 65583.2.
							</html:p>
							<html:p>
								(C)
								<html:span class="EnSpace"/>
								Where the inventory of sites pursuant to paragraph (3) of subdivision (a) does not identify adequate sites to accommodate the need for farmworker housing, the program shall provide for sufficient sites to meet the need with zoning that permits farmworker housing use by right, including density and development standards that could accommodate and facilitate the feasibility of the development of farmworker housing for low- and very low income households.
							</html:p>
							<html:p>
								(2)
								<html:span class="EnSpace"/>
								(A)
								<html:span class="EnSpace"/>
								Assist in the development of adequate housing to meet the needs of extremely low, very low, low-, and moderate-income households.
							</html:p>
							<html:p>
								(B)
								<html:span class="EnSpace"/>
								For the seventh and subsequent revisions of the housing element, the program shall also assist in the development of adequate housing to meet the needs of acutely low income households.
							</html:p>
							<html:p>
								(3)
								<html:span class="EnSpace"/>
								Address and, where appropriate and legally possible, remove governmental and nongovernmental constraints to the maintenance, improvement, and development of housing, including housing for
						all income levels and housing for persons with disabilities. The program shall remove constraints to, and provide reasonable accommodations for housing designed for, intended for occupancy by, or with supportive services for, persons with disabilities. Transitional housing and supportive housing shall be considered a residential use of property and shall be subject only to those restrictions that apply to other residential dwellings of the same type in the same zone. Supportive housing, as defined in Section 65650, shall be a use by right in all zones where multifamily and mixed uses are permitted, as provided in Article 11 (commencing with Section 65650).
							</html:p>
							<html:p>
								(4)
								<html:span class="EnSpace"/>
								Conserve and improve the condition of the existing affordable housing stock, which may include addressing ways to mitigate the loss of dwelling units demolished by
						public or private action.
							</html:p>
							<html:p>
								(5)
								<html:span class="EnSpace"/>
								Promote and affirmatively further fair housing opportunities and promote housing throughout the community or communities for all persons regardless of race, religion, sex, marital status, ancestry, national origin, color, familial status, or disability, and other characteristics protected by the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2), Section 65008, and any other state and federal fair housing and planning law.
							</html:p>
							<html:p>
								(6)
								<html:span class="EnSpace"/>
								Preserve for lower income households the assisted housing developments identified pursuant to paragraph (9) of subdivision (a). The program for preservation of the assisted housing developments shall utilize, to the extent necessary, all available federal,
						state, and local financing and subsidy programs identified in paragraph (9) of subdivision (a), except where a community has other urgent needs for which alternative funding sources are not available. The program may include strategies that involve local regulation and technical assistance.
							</html:p>
							<html:p>
								(7)
								<html:span class="EnSpace"/>
								Develop a plan that incentivizes and promotes the creation of accessory dwelling units that can be offered at affordable rent, as defined in Section 50053 of the Health and Safety Code, for very low, low-, or moderate-income households. For purposes of this paragraph, “accessory dwelling units” has the same meaning as “accessory dwelling unit” as defined in subdivision (a) of Section 66313.
							</html:p>
							<html:p>
								(8)
								<html:span class="EnSpace"/>
								Include an identification of the agencies and officials responsible for the implementation of
						the various actions and the means by which consistency will be achieved with other general plan elements and community goals.
							</html:p>
							<html:p>
								(9)
								<html:span class="EnSpace"/>
								Include a diligent effort by the local government to achieve public participation of all economic segments of the community in the development of the housing element, and the program shall describe this effort.
							</html:p>
							<html:p>
								(10)
								<html:span class="EnSpace"/>
								(A)
								<html:span class="EnSpace"/>
								Affirmatively further fair housing in accordance with Chapter 15 (commencing with Section 8899.50) of Division 1 of Title 2. The program shall include an assessment of fair housing in the jurisdiction that shall include all of the following components:
							</html:p>
							<html:p>
								(i)
								<html:span class="EnSpace"/>
								A summary of fair housing issues in the jurisdiction and an assessment of the jurisdiction’s
						fair housing enforcement and fair housing outreach capacity.
							</html:p>
							<html:p>
								(ii)
								<html:span class="EnSpace"/>
								An analysis of available federal, state, and local data and knowledge to identify integration and segregation patterns and trends, racially or ethnically concentrated areas of poverty and affluence, disparities in access to opportunity, and disproportionate housing needs, including displacement risk. The analysis shall identify and examine such patterns, trends, areas, disparities, and needs, both within the jurisdiction and comparing the jurisdiction to the region in which it is located, based on race and other characteristics protected by the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2) and Section 65008.
							</html:p>
							<html:p>
								(iii)
								<html:span class="EnSpace"/>
								An assessment of the contributing
						factors, including the local and regional historical origins and current policies and practices, for the fair housing issues identified under clauses (i) and (ii).
							</html:p>
							<html:p>
								(iv)
								<html:span class="EnSpace"/>
								An identification of the jurisdiction’s fair housing priorities and goals, giving highest priority to those factors identified in clause (iii) that limit or deny fair housing choice or access to opportunity, or negatively impact fair housing or civil rights compliance, and identifying the metrics and milestones for
						determining what fair housing results will be achieved.
							</html:p>
							<html:p>
								(v)
								<html:span class="EnSpace"/>
								Strategies and actions to implement those priorities and goals, which may include, but are not limited to, enhancing mobility strategies and encouraging development of new affordable housing in areas of opportunity, as well as place-based strategies to encourage community revitalization, including preservation of existing affordable housing, and protecting existing residents from displacement.
							</html:p>
							<html:p>
								(B)
								<html:span class="EnSpace"/>
								A jurisdiction that completes or revises an assessment of fair housing pursuant to Subpart A (commencing with Section 5.150) of Part 5 of Subtitle A of Title 24 of the Code of Federal Regulations, as published in Volume 80 of the Federal Register, Number 136, page 42272, dated July 16, 2015, or an analysis of impediments
						to fair housing choice in accordance with the requirements of Section 91.225 of Title 24 of the Code of Federal Regulations in effect before August 17, 2015, may incorporate relevant portions of that assessment or revised assessment of fair housing or analysis or revised analysis of impediments to fair housing into its housing element.
							</html:p>
							<html:p>
								(C)
								<html:span class="EnSpace"/>
								(i)
								<html:span class="EnSpace"/>
								The requirements of this paragraph shall apply to housing elements due to be revised pursuant to Section 65588 on or after January 1, 2021.
							</html:p>
							<html:p>
								(ii)
								<html:span class="EnSpace"/>
								The assessment required pursuant to this paragraph shall be completed before the planning agency makes its first draft revision of a housing element available for public comment pursuant to subdivision (b) of Section 65585.
							</html:p>
							<html:p>
								(D)
								<html:span class="EnSpace"/>
								(i)
								<html:span class="EnSpace"/>
								The department shall develop a standardized reporting format for programs and actions taken pursuant to this paragraph. The standardized reporting format shall enable the reporting of all of the assessment components listed in subparagraph (A) and, at a minimum, include all of the following fields:
							</html:p>
							<html:p>
								(I)
								<html:span class="EnSpace"/>
								Timelines for implementation.
							</html:p>
							<html:p>
								(II)
								<html:span class="EnSpace"/>
								Responsible party or parties.
							</html:p>
							<html:p>
								(III)
								<html:span class="EnSpace"/>
								Resources committed from the local budget to affirmatively further fair housing.
							</html:p>
							<html:p>
								(IV)
								<html:span class="EnSpace"/>
								Action areas.
							</html:p>
							<html:p>
								(V)
								<html:span class="EnSpace"/>
								Potential impacts of the program.
							</html:p>
							<html:p>
								(ii)
								<html:span class="EnSpace"/>
								A local government shall utilize the standardized report format developed pursuant to this subparagraph for the seventh and each subsequent revision of the housing element.
							</html:p>
							<html:p>
								(d)
								<html:span class="EnSpace"/>
								(1)
								<html:span class="EnSpace"/>
								A local government may satisfy all or part of its requirement to identify a zone or zones suitable for the development of emergency shelters pursuant to paragraph (4) of subdivision (a) by adopting and implementing a multijurisdictional agreement, with a maximum of two other adjacent communities, that requires the participating jurisdictions to develop at least one year-round emergency shelter within two years of the beginning of the planning period.
							</html:p>
							<html:p>
								(2)
								<html:span class="EnSpace"/>
								The agreement shall allocate a portion of the new shelter capacity to each jurisdiction as credit toward its emergency
						shelter need, and each jurisdiction shall describe how the capacity was allocated as part of its housing element.
							</html:p>
							<html:p>
								(3)
								<html:span class="EnSpace"/>
								Each member jurisdiction of a multijurisdictional agreement shall describe in its housing element all of the following:
							</html:p>
							<html:p>
								(A)
								<html:span class="EnSpace"/>
								How the joint facility will meet the jurisdiction’s emergency shelter need.
							</html:p>
							<html:p>
								(B)
								<html:span class="EnSpace"/>
								The jurisdiction’s contribution to the facility for both the development and ongoing operation and management of the facility.
							</html:p>
							<html:p>
								(C)
								<html:span class="EnSpace"/>
								The amount and source of the funding that the jurisdiction contributes to the facility.
							</html:p>
							<html:p>
								(4)
								<html:span class="EnSpace"/>
								The aggregate capacity claimed by the participating jurisdictions
						in their housing elements shall not exceed the actual capacity of the shelter.
							</html:p>
							<html:p>
								(e)
								<html:span class="EnSpace"/>
								Except as otherwise provided in this article, amendments to this article that alter the required content of a housing element shall apply to both of the following:
							</html:p>
							<html:p>
								(1)
								<html:span class="EnSpace"/>
								A housing element or housing element amendment prepared pursuant to subdivision (e) of Section 65588 or Section 65584.02, when a city, county, or city and county submits a draft to the department for review pursuant to Section 65585 more than 90 days after the effective date of the amendment to this section.
							</html:p>
							<html:p>
								(2)
								<html:span class="EnSpace"/>
								Any housing element or housing element amendment prepared pursuant to subdivision (e) of Section 65588 or Section 65584.02, when the city, county, or city and county
						fails to submit the first draft to the department before the due date specified in Section 65588 or 65584.02.
							</html:p>
							<html:p>
								(f)
								<html:span class="EnSpace"/>
								The deadline for completing required rezoning pursuant to subparagraph (A) of paragraph (1) of subdivision (c) shall be extended by one year if the local government has completed the rezoning at densities sufficient to accommodate at least 75 percent of the units for lower income households and if the legislative body at the conclusion of a public hearing determines, based upon
						substantial evidence, that any of the following circumstances exists:
							</html:p>
							<html:p>
								(1)
								<html:span class="EnSpace"/>
								The local government has been unable to complete the rezoning because of the action or inaction beyond the control of the local government of any other state, federal, or local agency.
							</html:p>
							<html:p>
								(2)
								<html:span class="EnSpace"/>
								The local government is unable to complete the rezoning because of infrastructure deficiencies due to fiscal or regulatory constraints.
							</html:p>
							<html:p>
								(3)
								<html:span class="EnSpace"/>
								The local government must undertake a major revision to its general plan in order to accommodate the housing-related policies of a sustainable communities strategy or an alternative planning strategy adopted pursuant to Section 65080.
							</html:p>
							<html:p>The resolution and the findings shall be
						transmitted to the department together with a detailed budget and schedule for preparation and adoption of the required rezonings, including plans for citizen participation and expected interim action. The schedule shall provide for adoption of the required rezoning within one year of the adoption of the resolution.</html:p>
							<html:p>
								(g)
								<html:span class="EnSpace"/>
								(1)
								<html:span class="EnSpace"/>
								If a local government fails to complete the rezoning by the deadline provided in subparagraph (A) of paragraph (1) of subdivision (c), as it may be extended pursuant to subdivision (f), except as provided in paragraph (2), a local government may not disapprove a housing development project, nor require a conditional use permit, planned unit development permit, or other locally imposed discretionary permit, or impose a condition that would render the project infeasible, if the housing development project,
						(A) is proposed to be located on a site required to be rezoned pursuant to the program action required by that subparagraph and, (B) complies with applicable, objective general plan and zoning standards and criteria, including design review standards, described in the program action required by that subparagraph. Any subdivision of sites shall be subject to the Subdivision Map Act (Division 2 (commencing with Section 66410)). Design review shall not constitute a “project” for purposes of Division 13 (commencing with Section 21000) of the Public Resources Code.
							</html:p>
							<html:p>
								(2)
								<html:span class="EnSpace"/>
								A local government may disapprove a housing development described in paragraph (1) if it makes written findings supported by substantial 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>
								(3)
								<html:span class="EnSpace"/>
								The applicant or any interested person may bring an action to enforce this subdivision. If a court finds that the local agency disapproved a project or conditioned its approval in violation of this subdivision, the court shall issue an order or judgment compelling compliance within 60 days. The court shall retain
						jurisdiction to ensure that its order or judgment is carried out. If the court determines that its order or judgment has not been carried out within 60 days, the court may issue further orders to ensure that the purposes and policies of this subdivision are fulfilled. In any such action, the city, county, or city and county shall bear the burden of proof.
							</html:p>
							<html:p>
								(4)
								<html:span class="EnSpace"/>
								For purposes of this subdivision, “housing development project” means a project to construct residential units for which the project developer provides sufficient legal commitments to the appropriate local agency to ensure the continued availability and use of at least 49 percent of the housing units for very low, low-, and moderate-income households with an affordable housing cost or affordable rent, as defined in Section 50052.5 or 50053 of the Health and Safety Code,
						respectively, for the period required by the applicable financing.
							</html:p>
							<html:p>
								(h)
								<html:span class="EnSpace"/>
								An action to enforce the program actions of the housing element shall be brought pursuant to Section 1085 of the Code of Civil Procedure.
							</html:p>
							<html:p>
								(i)
								<html:span class="EnSpace"/>
								Notwithstanding any other law, the otherwise applicable timeframe set forth in paragraph (2) of subdivision (b) and subdivision (d) of Section 21080.3.1 of the Public Resources Code, and paragraph (3) of subdivision (d) of Section 21082.3 of the Public Resources Code, for a Native American tribe to respond to a lead agency and request consultation in writing is extended by 30 days for any housing development project application determined or deemed to be complete on or after March 4, 2020, and prior to December 31, 2021.
							</html:p>
							<html:p>
								(j)
								<html:span class="EnSpace"/>
								On or after January 1, 2024, at the discretion of the department, the analysis of government constraints pursuant to paragraph (5) of subdivision (a) may include an analysis of constraints upon the maintenance, improvement, or development of housing for persons with a characteristic identified in subdivision (b) of Section 51 of the Civil Code. The implementation of this subdivision is contingent upon an appropriation by the Legislature in the annual Budget Act or another statute for this purpose.
							</html:p>
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			<ns0:Num>SEC. 1.1.</ns0:Num>
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				Section 65583 of the 
				<ns0:DocName>Government Code</ns0:DocName>
				 is amended to read:
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					<ns0:Num>65583.</ns0:Num>
					<ns0:LawSectionVersion id="id_41B10250-B199-4C5A-8089-DD3314C120B0">
						<ns0:Content>
							<html:p>The housing element shall consist of an identification and analysis of existing and projected housing needs and a statement of goals, policies, quantified objectives, financial resources, and scheduled programs for the preservation, improvement, and development of housing. The housing element shall identify adequate sites for housing, including rental housing, factory-built housing, mobilehomes, and emergency shelters, and shall make adequate provision for the existing and projected needs of all economic segments of the community. The housing element shall contain all of the following:</html:p>
							<html:p>
								(a)
								<html:span class="EnSpace"/>
								An assessment of housing
						needs, and an inventory of resources and constraints that are relevant to the meeting of those needs. The assessment and inventory shall include all of the following:
							</html:p>
							<html:p>
								(1)
								<html:span class="EnSpace"/>
								An analysis of population and employment trends and documentation of projections and a quantification of the locality’s existing and projected housing needs for all income levels. These existing and projected needs shall include the locality’s share of the regional housing need in accordance with Section 65584.
							</html:p>
							<html:p>
								(2)
								<html:span class="EnSpace"/>
								An analysis and documentation of household characteristics, including level of payment compared to ability to pay, housing characteristics, including overcrowding,
						and housing stock condition.
							</html:p>
							<html:p>
								(3)
								<html:span class="EnSpace"/>
								An inventory of land suitable and available for residential development, including vacant sites and sites having realistic and demonstrated potential for redevelopment during the planning period to meet the locality’s housing need for a designated income level, and an analysis of the relationship of zoning and public facilities and services to these sites, and an analysis of the relationship of the sites identified in the land inventory to the jurisdiction’s duty to affirmatively further fair housing.
							</html:p>
							<html:p>
								(4)
								<html:span class="EnSpace"/>
								(A)
								<html:span class="EnSpace"/>
								The identification of one or more zoning designations that allow residential uses, including mixed uses, where emergency shelters are allowed as a permitted use without a conditional use or other discretionary permit and that are suitable for residential uses. The identified zoning designations shall include sufficient
						sites meeting the requirements of subparagraph (H) with sufficient capacity, as described in subparagraph (I), to accommodate the need for emergency shelter identified in paragraph (7), except that each local government shall identify a zoning designation or designations that can accommodate at least one year-round emergency shelter. If the local government cannot identify a zoning designation or designations with sufficient capacity, the local government shall include a program to amend its zoning ordinance to meet the requirements of this paragraph within one year of the adoption of the housing element. The local government may identify additional zoning designations where emergency shelters are permitted with a conditional use permit. The local government shall also demonstrate that existing or proposed permit processing, development, and management standards that apply to emergency shelters are objective and encourage and facilitate the development of, or conversion to, emergency shelters.
							</html:p>
							<html:p>
								(B)
								<html:span class="EnSpace"/>
								Emergency shelters shall only be subject to the following written, objective standards:
							</html:p>
							<html:p>
								(i)
								<html:span class="EnSpace"/>
								The maximum number of beds or persons permitted to be served nightly by the facility.
							</html:p>
							<html:p>
								(ii)
								<html:span class="EnSpace"/>
								Sufficient parking to accommodate all staff working in the emergency shelter, provided that the standards do not require more parking for emergency shelters than other residential or commercial uses within the same zone.
							</html:p>
							<html:p>
								(iii)
								<html:span class="EnSpace"/>
								The size and location of exterior and interior onsite waiting and client intake areas.
							</html:p>
							<html:p>
								(iv)
								<html:span class="EnSpace"/>
								The provision of onsite management.
							</html:p>
							<html:p>
								(v)
								<html:span class="EnSpace"/>
								The proximity to other emergency shelters, provided that emergency shelters are not
						required to be more than 300 feet apart.
							</html:p>
							<html:p>
								(vi)
								<html:span class="EnSpace"/>
								The length of stay.
							</html:p>
							<html:p>
								(vii)
								<html:span class="EnSpace"/>
								Lighting.
							</html:p>
							<html:p>
								(viii)
								<html:span class="EnSpace"/>
								Security during hours that the emergency shelter is in operation.
							</html:p>
							<html:p>
								(C)
								<html:span class="EnSpace"/>
								For purposes of this paragraph, “emergency shelter” shall include other interim interventions, including, but not limited to, a navigation center, bridge housing, and respite or recuperative care, and all services provided onsite, including the addition or expansion of services that are consistent with any written, objective standards pursuant to subparagraph (B).
							</html:p>
							<html:p>
								(D)
								<html:span class="EnSpace"/>
								The permit processing, development, and management standards applied under this paragraph shall not be deemed to be discretionary acts within the meaning of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).
							</html:p>
							<html:p>
								(E)
								<html:span class="EnSpace"/>
								If a local government has adopted written, objective standards pursuant to subparagraph (B), the local government shall include an analysis of the standards in the analysis of constraints pursuant to paragraph (5).
							</html:p>
							<html:p>
								(F)
								<html:span class="EnSpace"/>
								A local government that can demonstrate, to the satisfaction of the department, the existence of one or more emergency shelters either within its jurisdiction or pursuant to a multijurisdictional agreement that can accommodate that jurisdiction’s need and the needs of the other jurisdictions that are a part of the agreement for
						emergency shelter identified in paragraph (7) may comply with the zoning requirements of subparagraph (A) by identifying a zoning designation where new emergency shelters are allowed with a conditional use permit.
							</html:p>
							<html:p>
								(G)
								<html:span class="EnSpace"/>
								A local government with an existing ordinance or ordinances that comply with this paragraph shall not be required to take additional action to identify zoning designations for emergency shelters. The housing element must only describe how existing ordinances, policies, and standards are consistent with the requirements of this paragraph.
							</html:p>
							<html:p>
								(H)
								<html:span class="EnSpace"/>
								The zoning designation or designations where emergency shelters are allowed, as described in subparagraph (A), shall include sites that meet at least one of the following standards:
							</html:p>
							<html:p>
								(i)
								<html:span class="EnSpace"/>
								Vacant sites zoned for residential use.
							</html:p>
							<html:p>
								(ii)
								<html:span class="EnSpace"/>
								Vacant sites zoned for nonresidential use that allow residential development, if the local government can demonstrate how the sites with this zoning designation that are being used to satisfy the requirements of paragraph (1) are located near amenities and services that serve people experiencing homelessness, which may include health care, transportation, retail, employment, and social services, or that the local government will provide free transportation to services or offer services onsite.
							</html:p>
							<html:p>
								(iii)
								<html:span class="EnSpace"/>
								Nonvacant sites zoned for residential use or for nonresidential use that allow residential development that are suitable for use as a shelter in the current planning period, or which can be redeveloped for use as a shelter in the current planning period. A nonvacant site with an existing use shall be presumed to impede emergency shelter development absent an analysis based on
						substantial evidence that the use is likely to be discontinued during the planning period. The analysis shall consider current market demand for the current uses, market conditions, and incentives or standards to encourage shelter development.
							</html:p>
							<html:p>
								(I)
								<html:span class="EnSpace"/>
								The zoning designation or designations shall have sufficient sites meeting the requirements of subparagraph (H) to accommodate the need for shelters identified pursuant to paragraph (7). The number of people experiencing homelessness that can be accommodated on any site shall be demonstrated by dividing the square footage of the site by a minimum of 200 square feet per person, unless the locality can demonstrate that one or more shelters were developed on sites that have fewer square feet per person during the prior planning period or the locality provides similar evidence to the department demonstrating that the site can accommodate more people experiencing homelessness. Any standard applied pursuant
						to this subparagraph is intended only for calculating site capacity pursuant to this section, and shall not be construed as establishing a development standard applicable to the siting, development, or approval of a shelter.
							</html:p>
							<html:p>
								(J)
								<html:span class="EnSpace"/>
								Notwithstanding subparagraph (H), a local government may accommodate the need for emergency shelters identified pursuant to paragraph (7) on sites owned by the local government if it demonstrates with substantial evidence that the sites will be made available for emergency shelter during the planning period, they are suitable for residential use, and the sites are located near amenities and services that serve people experiencing homelessness, which may include health care, transportation, retail, employment, and social services, or that the local government will provide free transportation to services or offer services onsite.
							</html:p>
							<html:p>
								(5)
								<html:span class="EnSpace"/>
								An analysis of potential
						and actual governmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the types of housing identified in paragraph (1) of subdivision (c), and for persons with disabilities as identified in the analysis pursuant to paragraph (7), including land use controls, building codes and their enforcement, site improvements, fees, and other exactions required of developers, local processing and permit procedures, historic preservation practices and policies and an assessment of how existing and proposed historic designations affect the locality’s ability to meet its share of the housing need pursuant to paragraph (1), and any locally adopted ordinances that directly impact the cost and supply of residential development.
							</html:p>
							<html:p>
								(A)
								<html:span class="EnSpace"/>
								The analysis shall also demonstrate local efforts to remove governmental constraints that hinder the locality from meeting its share of the regional housing need in accordance with Section 65584 and from meeting the need for housing for persons with disabilities, supportive housing, transitional housing, and emergency shelters identified pursuant to paragraph (7).
							</html:p>
							<html:p>
								(B)
								<html:span class="EnSpace"/>
								(i)
								<html:span class="EnSpace"/>
								For adoption of the seventh and all subsequent revisions of the housing element, the analysis shall also include a potential and actual governmental constraints disclosure statement containing both of the following:
							</html:p>
							<html:p>
								(I)
								<html:span class="EnSpace"/>
								An identification of each new or amended potential or actual governmental constraint, or revision increasing the stringency of a governmental constraint, adopted after the due date of the previous housing
						element and before submittal of the current draft housing element to the department.
							</html:p>
							<html:p>
								(II)
								<html:span class="EnSpace"/>
								An identification of any new or amended potential or actual governmental constraint, or revision increasing the stringency of a governmental constraint, that the governing body of the local government can anticipate adopting during the first three years of the planning period commencing on the date that a local agency’s housing element is considered to be in substantial compliance pursuant to Section 65585.03.
							</html:p>
							<html:p>
								(ii)
								<html:span class="EnSpace"/>
								For the purposes of this subparagraph, “anticipate adopting” means a legislative body of the local government had, after the due date of the previous housing element and before submittal of the current draft housing element, identified in an agenda published by a legislative body of the local government pursuant to the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950)
						of Part 1 of Division 2 of Title 5) an action to consider the adoption, amendment, or increase in the stringency of a potential or actual governmental constraint.
							</html:p>
							<html:p>
								(iii)
								<html:span class="EnSpace"/>
								This subparagraph shall not be construed to prohibit a local government from adopting, amending, or increasing the stringency of a potential or actual governmental constraint regardless of whether it was included in a potential and actual governmental constraints disclosure statement pursuant to this subparagraph.
							</html:p>
							<html:p>
								(6)
								<html:span class="EnSpace"/>
								An analysis of potential and actual nongovernmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the availability of financing, the price of land, the cost of construction, the requests to develop housing at densities below those anticipated in the analysis required by subdivision (c) of Section 65583.2, and the
						length of time between receiving approval for a housing development and submittal of an application for building permits for that housing development that hinder the construction of a locality’s share of the regional housing need in accordance with Section 65584. The analysis shall also demonstrate local efforts to remove nongovernmental constraints that create a gap between the locality’s planning for the development of housing for all income levels and the construction of that housing.
							</html:p>
							<html:p>
								(7)
								<html:span class="EnSpace"/>
								(A)
								<html:span class="EnSpace"/>
								An analysis of any special housing needs, such as those of the elderly; persons with disabilities, including a developmental disability, as defined in Section 4512 of the Welfare and Institutions Code; extremely low income households; large families; farmworkers; families with female heads of households; and families and persons in need of emergency shelter. The need for emergency shelter shall be assessed based on the capacity
						necessary to accommodate the most recent homeless point-in-time count conducted before the start of the planning period, the need for emergency shelter based on number of beds available on a year-round and seasonal basis, the number of shelter beds that go unused on an average monthly basis within a one-year period, and the percentage of those in emergency shelters that move to permanent housing solutions. The need for emergency shelter may be reduced by the number of supportive housing units that are identified in an adopted 10-year plan to end chronic homelessness and that are either vacant or for which funding has been identified to allow construction during the planning period. An analysis of special housing needs by a city or county may include an analysis of the need for frequent user coordinated care housing services.
							</html:p>
							<html:p>
								(B)
								<html:span class="EnSpace"/>
								For the seventh and subsequent revisions of the housing element, the analysis required in subparagraph (A) shall also
						include an analysis of the housing needs of acutely and extremely low income households.
							</html:p>
							<html:p>
								(8)
								<html:span class="EnSpace"/>
								An analysis of opportunities for energy conservation with respect to residential development. Cities and counties are encouraged to include weatherization and energy efficiency improvements as part of publicly subsidized housing rehabilitation projects. This may include energy efficiency measures that encompass the building envelope, its heating and cooling systems, and its electrical system.
							</html:p>
							<html:p>
								(9)
								<html:span class="EnSpace"/>
								An analysis of existing assisted housing developments that are eligible to change from low-income housing uses during the next 10 years due to termination of subsidy contracts, mortgage prepayment, or expiration of restrictions on use. “Assisted housing developments,” for the purpose of this section, shall mean multifamily rental housing that receives governmental assistance under federal programs
						listed in subdivision (a) of Section 65863.10, state and local multifamily revenue bond programs, local redevelopment programs, the federal Community Development Block Grant Program, or local in-lieu fees. “Assisted housing developments” shall also include multifamily rental units that were developed pursuant to a local inclusionary housing program or used to qualify for a density bonus pursuant to Section 65916.
							</html:p>
							<html:p>
								(A)
								<html:span class="EnSpace"/>
								The analysis shall include a listing of each development by project name and address, the type of governmental assistance received, the earliest possible date of change from low-income use, and the total number of elderly and nonelderly units that could be lost from the locality’s low-income housing stock in each year during the 10-year period. For purposes of state and federally funded projects, the analysis required by this subparagraph need only contain information available on a statewide basis.
							</html:p>
							<html:p>
								(B)
								<html:span class="EnSpace"/>
								The analysis shall estimate the total cost of producing new rental housing that is comparable in size and rent levels, to replace the units that could change from low-income use, and an estimated cost of preserving the assisted housing developments. This cost analysis for replacement housing may be done aggregately for each five-year period and does not have to contain a project-by-project cost estimate.
							</html:p>
							<html:p>
								(C)
								<html:span class="EnSpace"/>
								The analysis shall identify public and private nonprofit corporations known to the local government that have legal and managerial capacity to acquire and manage these housing developments.
							</html:p>
							<html:p>
								(D)
								<html:span class="EnSpace"/>
								The analysis shall identify and consider the use of all federal, state, and local financing and subsidy programs that can be used to preserve, for lower income households, the assisted housing developments, identified in
						this paragraph, including, but not limited to, federal Community Development Block Grant Program funds, tax increment funds received by a redevelopment agency of the community, and administrative fees received by a housing authority operating within the community. In considering the use of these financing and subsidy programs, the analysis shall identify the amounts of funds under each available program that have not been legally obligated for other purposes and that could be available for use in preserving assisted housing developments.
							</html:p>
							<html:p>
								(b)
								<html:span class="EnSpace"/>
								(1)
								<html:span class="EnSpace"/>
								A statement of the community’s goals, quantified objectives, and policies relative to affirmatively furthering fair housing and to the maintenance, preservation, improvement, and development of housing.
							</html:p>
							<html:p>
								(2)
								<html:span class="EnSpace"/>
								It is recognized that the total housing needs identified pursuant to subdivision (a) may exceed available
						resources and the community’s ability to satisfy this need within the content of the general plan requirements outlined in Article 5 (commencing with Section 65300). Under these circumstances, the quantified objectives need not be identical to the total housing needs. The quantified objectives shall establish the maximum number of housing units by income category that can be constructed, rehabilitated, and conserved over a five-year time period.
							</html:p>
							<html:p>
								(c)
								<html:span class="EnSpace"/>
								A program that sets forth a schedule of actions during the planning period, each with a timeline for implementation, that may recognize that certain programs are ongoing, such that there will be beneficial impacts of the programs within the planning period, that the local government is undertaking or intends to undertake to implement the policies and achieve the goals and objectives of the housing element through the administration of land use and development controls, the provision of regulatory
						concessions and incentives, the utilization of appropriate federal and state financing and subsidy programs when available, and the utilization of moneys in a low- and moderate-income housing fund of an agency if the locality has established a redevelopment project area pursuant to the Community Redevelopment Law (Division 24 (commencing with Section 33000) of the Health and Safety Code). In order to make adequate provision for the housing needs of all economic segments of the community, the program shall do all of the following:
							</html:p>
							<html:p>
								(1)
								<html:span class="EnSpace"/>
								Identify actions that will be taken to make sites available during the planning period with appropriate zoning and development standards and with services and facilities to accommodate that portion of the city’s or county’s share of the regional housing need for all income levels that could not be accommodated on sites identified in the inventory completed pursuant to paragraph (3) of subdivision (a) without
						rezoning, and to comply with the requirements of Section 65584.09. Sites shall be identified as needed to affirmatively further fair housing and to facilitate and encourage the development of a variety of types of housing for all income levels, including multifamily rental housing, factory-built housing, mobilehomes, housing for agricultural employees, supportive housing, single-room occupancy units, emergency shelters, and transitional housing.
							</html:p>
							<html:p>
								(A)
								<html:span class="EnSpace"/>
								Where the inventory of sites, pursuant to paragraph (3) of subdivision (a), does not identify adequate sites to accommodate the need for groups of all household income levels pursuant to Section 65584, a program for rezoning of those sites, subject to the following deadlines:
							</html:p>
							<html:p>
								(i)
								<html:span class="EnSpace"/>
								For the adoption of the sixth revision of the housing element, jurisdictions with an eight-year housing element planning period pursuant to Section 65588,
						including adoption of minimum density and development standards or, for a jurisdiction in the coastal zone, any necessary local coastal program amendments related to land use designations, changes in intensity of land use, zoning ordinances, or zoning district maps, consistent with Sections 30512, 30512.2, 30513, and 30514 of the Public Resources Code, shall be completed no later than three years after either the date the housing element is adopted pursuant to subdivision (f) of Section 65585 or the date that is 90 days after receipt of comments from the department pursuant to subdivision (b) of Section 65585, whichever is earlier, unless the deadline is extended pursuant to subdivision (f). Notwithstanding the foregoing, for a local government that fails to adopt a housing element that the department has found to be in substantial compliance with this article within 120 days of the statutory deadline in Section 65588 for adoption of the housing element, rezoning of those sites, including adoption of minimum
						density and development standards or, for a jurisdiction in the coastal zone, any necessary local coastal program amendments related to land use designations, changes in intensity of land use, zoning ordinances, or zoning district maps, consistent with Sections 30512, 30512.2, 30513, and 30514 of the Public Resources Code, shall be completed no later than one year from the statutory deadline in Section 65588 for adoption of the housing element.
							</html:p>
							<html:p>
								(ii)
								<html:span class="EnSpace"/>
								For adoption of the seventh and all subsequent revisions of the housing element, rezonings shall be completed no later than one year from the statutory deadline in Section 65588 for adoption of the housing element.
							</html:p>
							<html:p>
								(iii)
								<html:span class="EnSpace"/>
								Notwithstanding clause (ii), for the adoption of the seventh and all subsequent revisions of the housing element, rezonings shall be completed no later than three years and 90 days after the statutory deadline in
						Section 65588 for adoption of the housing element, unless the deadline is extended pursuant to subdivision (f). This clause shall apply only if the local government complies with all of the following:
							</html:p>
							<html:p>
								(I)
								<html:span class="EnSpace"/>
								The local government submits a draft element or draft amendment to the department for review pursuant to paragraph (1) of subdivision (b) of Section 65585 at least 90 days before the statutory deadline established in Section 65588 for adoption of the housing element.
							</html:p>
							<html:p>
								(II)
								<html:span class="EnSpace"/>
								The local government receives from the department findings that the draft element or draft amendment substantially complies with this article pursuant to paragraph (3) of subdivision (b) of Section 65585 on or before the statutory deadline set forth in Section 65588 for adoption of the housing element.
							</html:p>
							<html:p>
								(III)
								<html:span class="EnSpace"/>
								The local government adopts the draft
						element or draft amendment that the department found to substantially comply with this article no later than 120 days after the statutory deadline set forth in Section 65588.
							</html:p>
							<html:p>
								(B)
								<html:span class="EnSpace"/>
								Where the inventory of sites, pursuant to paragraph (3) of subdivision (a), does not identify adequate sites to accommodate the need for groups of all household income levels pursuant to Section 65584, the program shall identify sites that can be developed for housing within the planning period pursuant to subdivision (h) of Section 65583.2. The identification of sites shall include all components specified in Section 65583.2.
							</html:p>
							<html:p>
								(C)
								<html:span class="EnSpace"/>
								Where the inventory of sites pursuant to paragraph (3) of subdivision (a) does not identify adequate sites to accommodate the need for farmworker housing, the program shall provide for sufficient sites to meet the need with zoning that permits farmworker housing use by right,
						including density and development standards that could accommodate and facilitate the feasibility of the development of farmworker housing for low- and very low income households.
							</html:p>
							<html:p>
								(2)
								<html:span class="EnSpace"/>
								(A)
								<html:span class="EnSpace"/>
								Assist in the development of adequate housing to meet the needs of extremely low, very low, low-, and moderate-income households.
							</html:p>
							<html:p>
								(B)
								<html:span class="EnSpace"/>
								For the seventh and subsequent revisions of the housing element, the program shall also assist in the development of adequate housing to meet the needs of acutely low income households.
							</html:p>
							<html:p>
								(3)
								<html:span class="EnSpace"/>
								Address and, where appropriate and legally possible, remove governmental and nongovernmental constraints to the maintenance, improvement, and development of housing, including housing for all income levels and housing for persons with disabilities. The program shall remove constraints to, and
						provide reasonable accommodations for housing designed for, intended for occupancy by, or with supportive services for, persons with disabilities. Transitional housing and supportive housing shall be considered a residential use of property and shall be subject only to those restrictions that apply to other residential dwellings of the same type in the same zone. Supportive housing, as defined in Section 65650, shall be a use by right in all zones where multifamily and mixed uses are permitted, as provided in Article 11 (commencing with Section 65650).
							</html:p>
							<html:p>
								(4)
								<html:span class="EnSpace"/>
								Conserve and improve the condition of the existing affordable housing stock, which may include addressing ways to mitigate the loss of dwelling units demolished by public or private action.
							</html:p>
							<html:p>
								(5)
								<html:span class="EnSpace"/>
								Promote and affirmatively further fair housing opportunities and promote housing throughout the community or communities for all persons
						regardless of race, religion, sex, marital status, ancestry, national origin, color, familial status, or disability, and other characteristics protected by the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2), Section 65008, and any other state and federal fair housing and planning law.
							</html:p>
							<html:p>
								(6)
								<html:span class="EnSpace"/>
								Preserve for lower income households the assisted housing developments identified pursuant to paragraph (9) of subdivision (a). The program for preservation of the assisted housing developments shall utilize, to the extent necessary, all available federal, state, and local financing and subsidy programs identified in paragraph (9) of subdivision (a), except where a community has other urgent needs for which alternative funding sources are not available. The program may include strategies that involve local regulation and technical assistance.
							</html:p>
							<html:p>
								(7)
								<html:span class="EnSpace"/>
								Develop a plan that incentivizes and promotes the creation of accessory dwelling units that can be offered at affordable rent, as defined in Section 50053 of the Health and Safety Code, for very low, low-, or moderate-income households. For purposes of this paragraph, “accessory dwelling units” has the same meaning as “accessory dwelling unit” as defined in subdivision (a) of Section 66313.
							</html:p>
							<html:p>
								(8)
								<html:span class="EnSpace"/>
								Include an identification of the agencies and officials responsible for the implementation of the various actions and the means by which consistency will be achieved with other general plan elements and community goals.
							</html:p>
							<html:p>
								(9)
								<html:span class="EnSpace"/>
								Include a diligent effort by the local government to achieve public participation of all economic segments of the community in the development of the housing element, and the program shall describe this effort.
							</html:p>
							<html:p>
								(10)
								<html:span class="EnSpace"/>
								(A)
								<html:span class="EnSpace"/>
								Affirmatively further fair housing in accordance with Chapter 15 (commencing with Section 8899.50) of Division 1 of Title 2. The program shall include an assessment of fair housing in the jurisdiction that shall include all of the following components:
							</html:p>
							<html:p>
								(i)
								<html:span class="EnSpace"/>
								A summary of fair housing issues in the jurisdiction and an assessment of the jurisdiction’s fair housing enforcement and fair housing outreach capacity.
							</html:p>
							<html:p>
								(ii)
								<html:span class="EnSpace"/>
								An analysis of available federal, state, and local data and knowledge to identify integration and segregation patterns and trends, racially or ethnically concentrated areas of poverty and affluence, disparities in access to opportunity, and disproportionate housing needs, including displacement risk. The analysis shall identify and examine such patterns, trends, areas, disparities,
						and needs, both within the jurisdiction and comparing the jurisdiction to the region in which it is located, based on race and other characteristics protected by the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2) and Section 65008.
							</html:p>
							<html:p>
								(iii)
								<html:span class="EnSpace"/>
								An assessment of the contributing factors, including the local and regional historical origins and current policies and practices, for the fair housing issues identified under clauses (i) and (ii).
							</html:p>
							<html:p>
								(iv)
								<html:span class="EnSpace"/>
								An identification of the jurisdiction’s fair housing priorities and goals, giving highest priority to those factors identified in clause (iii) that limit or deny fair housing choice or access to opportunity, or negatively impact fair housing or civil rights compliance, and identifying the metrics and milestones for determining what fair housing results will be achieved.
							</html:p>
							<html:p>
								(v)
								<html:span class="EnSpace"/>
								Strategies and actions to implement those priorities and goals, which may include, but are not limited to, enhancing mobility strategies and encouraging development of new affordable housing in areas of opportunity, as well as place-based strategies to encourage community revitalization, including preservation of existing affordable housing, and protecting existing residents from displacement.
							</html:p>
							<html:p>
								(B)
								<html:span class="EnSpace"/>
								A jurisdiction that completes or revises an assessment of fair housing pursuant to Subpart A (commencing with Section 5.150) of Part 5 of Subtitle A of Title 24 of the Code of Federal Regulations, as published in Volume 80 of the Federal Register, Number 136, page 42272, dated July 16, 2015, or an analysis of impediments to fair housing choice in accordance with the requirements of Section 91.225 of Title 24 of the Code of Federal Regulations in effect before August 17, 2015, may
						incorporate relevant portions of that assessment or revised assessment of fair housing or analysis or revised analysis of impediments to fair housing into its housing element.
							</html:p>
							<html:p>
								(C)
								<html:span class="EnSpace"/>
								(i)
								<html:span class="EnSpace"/>
								The requirements of this paragraph shall apply to housing elements due to be revised pursuant to Section 65588 on or after January 1, 2021.
							</html:p>
							<html:p>
								(ii)
								<html:span class="EnSpace"/>
								The assessment required pursuant to this paragraph shall be completed before the planning agency makes its first draft revision of a housing element available for public comment pursuant to subdivision (b) of Section 65585.
							</html:p>
							<html:p>
								(D)
								<html:span class="EnSpace"/>
								(i)
								<html:span class="EnSpace"/>
								The department shall develop a standardized reporting format for programs and actions taken pursuant to this paragraph. The standardized reporting format shall enable the reporting of all of the assessment components listed
						in subparagraph (A) and, at a minimum, include all of the following fields:
							</html:p>
							<html:p>
								(I)
								<html:span class="EnSpace"/>
								Timelines for implementation.
							</html:p>
							<html:p>
								(II)
								<html:span class="EnSpace"/>
								Responsible party or parties.
							</html:p>
							<html:p>
								(III)
								<html:span class="EnSpace"/>
								Resources committed from the local budget to affirmatively further fair housing.
							</html:p>
							<html:p>
								(IV)
								<html:span class="EnSpace"/>
								Action areas.
							</html:p>
							<html:p>
								(V)
								<html:span class="EnSpace"/>
								Potential impacts of the program.
							</html:p>
							<html:p>
								(ii)
								<html:span class="EnSpace"/>
								A local government shall utilize the standardized report format developed pursuant to this subparagraph for the seventh and each subsequent revision of the housing element.
							</html:p>
							<html:p>
								(d)
								<html:span class="EnSpace"/>
								(1)
								<html:span class="EnSpace"/>
								A local government may satisfy all or part of its requirement to
						identify a zone or zones suitable for the development of emergency shelters pursuant to paragraph (4) of subdivision (a) by adopting and implementing a multijurisdictional agreement, with a maximum of two other adjacent communities, that requires the participating jurisdictions to develop at least one year-round emergency shelter within two years of the beginning of the planning period.
							</html:p>
							<html:p>
								(2)
								<html:span class="EnSpace"/>
								The agreement shall allocate a portion of the new shelter capacity to each jurisdiction as credit toward its emergency shelter need, and each jurisdiction shall describe how the capacity was allocated as part of its housing element.
							</html:p>
							<html:p>
								(3)
								<html:span class="EnSpace"/>
								Each member jurisdiction of a multijurisdictional agreement shall describe in its housing element all of the following:
							</html:p>
							<html:p>
								(A)
								<html:span class="EnSpace"/>
								How the joint facility will meet the jurisdiction’s emergency shelter
						need.
							</html:p>
							<html:p>
								(B)
								<html:span class="EnSpace"/>
								The jurisdiction’s contribution to the facility for both the development and ongoing operation and management of the facility.
							</html:p>
							<html:p>
								(C)
								<html:span class="EnSpace"/>
								The amount and source of the funding that the jurisdiction contributes to the facility.
							</html:p>
							<html:p>
								(4)
								<html:span class="EnSpace"/>
								The aggregate capacity claimed by the participating jurisdictions in their housing elements shall not exceed the actual capacity of the shelter.
							</html:p>
							<html:p>
								(e)
								<html:span class="EnSpace"/>
								Except as otherwise provided in this article, amendments to this article that alter the required content of a housing element shall apply to both of the following:
							</html:p>
							<html:p>
								(1)
								<html:span class="EnSpace"/>
								A housing element or housing element amendment prepared pursuant to subdivision (e) of Section 65588 or Section 65584.02, when a city, county, or
						city and county submits a draft to the department for review pursuant to Section 65585 more than 90 days after the effective date of the amendment to this section.
							</html:p>
							<html:p>
								(2)
								<html:span class="EnSpace"/>
								Any housing element or housing element amendment prepared pursuant to subdivision (e) of Section 65588 or Section 65584.02, when the city, county, or city and county fails to submit the first draft to the department before the due date specified in Section 65588 or 65584.02.
							</html:p>
							<html:p>
								(f)
								<html:span class="EnSpace"/>
								The deadline for completing required rezoning pursuant to subparagraph (A) of paragraph (1) of subdivision (c) shall be extended by one year if the local government has completed the rezoning at densities sufficient to accommodate at least 75 percent of the units for lower income households and if the legislative body at the conclusion of a public hearing determines, based upon substantial evidence, that any of the following circumstances
						exists:
							</html:p>
							<html:p>
								(1)
								<html:span class="EnSpace"/>
								The local government has been unable to complete the rezoning because of the action or inaction beyond the control of the local government of any other state, federal, or local agency.
							</html:p>
							<html:p>
								(2)
								<html:span class="EnSpace"/>
								The local government is unable to complete the rezoning because of infrastructure deficiencies due to fiscal or regulatory constraints.
							</html:p>
							<html:p>
								(3)
								<html:span class="EnSpace"/>
								The local government must undertake a major revision to its general plan in order to accommodate the housing-related policies of a sustainable communities strategy or an alternative planning strategy adopted pursuant to Section 65080.
							</html:p>
							<html:p>The resolution and the findings shall be transmitted to the department together with a detailed budget and schedule for preparation and adoption of the required rezonings, including plans for citizen
						participation and expected interim action. The schedule shall provide for adoption of the required rezoning within one year of the adoption of the resolution.</html:p>
							<html:p>
								(g)
								<html:span class="EnSpace"/>
								(1)
								<html:span class="EnSpace"/>
								If a local government fails to complete the rezoning by the deadline provided in subparagraph (A) of paragraph (1) of subdivision (c), as it may be extended pursuant to subdivision (f), except as provided in paragraph (2), a local government may not disapprove a housing development project, nor require a conditional use permit, planned unit development permit, or other locally imposed discretionary permit, or impose a condition that would render the project infeasible, if the housing development project, (A) is proposed to be located on a site required to be rezoned pursuant to the program action required by that subparagraph and, (B) complies with applicable, objective general plan and zoning standards and criteria, including design review standards,
						described in the program action required by that subparagraph. Any subdivision of sites shall be subject to the Subdivision Map Act (Division 2 (commencing with Section 66410)). Design review shall not constitute a “project” for purposes of Division 13 (commencing with Section 21000) of the Public Resources Code.
							</html:p>
							<html:p>
								(2)
								<html:span class="EnSpace"/>
								A local government may disapprove a housing development described in paragraph (1) if it makes written findings supported by substantial 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>
								(3)
								<html:span class="EnSpace"/>
								The applicant or any interested person may bring an action to enforce this subdivision. If a court finds that the local agency disapproved a project or conditioned its approval in violation of this subdivision, the court shall issue an order or judgment compelling compliance within 60 days. The court shall retain jurisdiction to ensure that its order or judgment is carried out. If the court determines that its order or judgment has not been carried out within 60
						days, the court may issue further orders to ensure that the purposes and policies of this subdivision are fulfilled. In any such action, the city, county, or city and county shall bear the burden of proof.
							</html:p>
							<html:p>
								(4)
								<html:span class="EnSpace"/>
								For purposes of this subdivision, “housing development project” means a project to construct residential units for which the project developer provides sufficient legal commitments to the appropriate local agency to ensure the continued availability and use of at least 49 percent of the housing units for very low, low-, and moderate-income households with an affordable housing cost or affordable rent, as defined in Section 50052.5 or 50053 of the Health and Safety Code, respectively, for the period required by the applicable financing.
							</html:p>
							<html:p>
								(h)
								<html:span class="EnSpace"/>
								An action to enforce the program actions of the housing element shall be brought pursuant to Section 1085 of the Code of Civil
						Procedure.
							</html:p>
							<html:p>
								(i)
								<html:span class="EnSpace"/>
								Notwithstanding any other law, the otherwise applicable timeframe set forth in paragraph (2) of subdivision (b) and subdivision (d) of Section 21080.3.1 of the Public Resources Code, and paragraph (3) of subdivision (d) of Section 21082.3 of the Public Resources Code, for a Native American tribe to respond to a lead agency and request consultation in writing is extended by 30 days for any housing development project application determined or deemed to be complete on or after March 4, 2020, and prior to December 31, 2021.
							</html:p>
							<html:p>
								(j)
								<html:span class="EnSpace"/>
								On or after January 1, 2024, at the discretion of the department, the analysis of government constraints pursuant to paragraph (5) of subdivision (a) may include an analysis of constraints upon the maintenance, improvement, or development of housing for persons with a characteristic identified in subdivision (b) of Section 51 of the Civil Code.
						The implementation of this subdivision is contingent upon an appropriation by the Legislature in the annual Budget Act or another statute for this purpose.
							</html:p>
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		<ns0:BillSection id="id_D18EA841-FF35-4035-95F7-680A48A76707">
			<ns0:Num>SEC. 1.2.</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'65583.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
				Section 65583 of the 
				<ns0:DocName>Government Code</ns0:DocName>
				 is amended to read:
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			<ns0:Fragment>
				<ns0:LawSection id="id_D7342EA6-39B1-4F22-8EF5-A27296844DB6">
					<ns0:Num>65583.</ns0:Num>
					<ns0:LawSectionVersion id="id_F7CF5222-AE41-4EEB-B120-D97D694EF04D">
						<ns0:Content>
							<html:p>The housing element shall consist of an identification and analysis of existing and projected housing needs and a statement of goals, policies, quantified objectives, financial resources, and scheduled programs for the preservation, improvement, and development of housing. The housing element shall identify adequate sites for housing, including rental housing, factory-built housing, mobilehomes, and emergency shelters, and shall make adequate provision for the existing and projected needs of all economic segments of the community. The housing element shall contain all of the following:</html:p>
							<html:p>
								(a)
								<html:span class="EnSpace"/>
								An assessment of housing
						needs, and an inventory of resources and constraints that are relevant to the meeting of those needs. The assessment and inventory shall include all of the following:
							</html:p>
							<html:p>
								(1)
								<html:span class="EnSpace"/>
								An analysis of population and employment trends and documentation of projections and a quantification of the locality’s existing and projected housing needs for all income levels. These existing and projected needs shall include the locality’s share of the regional housing need in accordance with Section 65584.
							</html:p>
							<html:p>
								(2)
								<html:span class="EnSpace"/>
								An analysis and documentation of household characteristics, including level of payment compared to ability to pay, housing characteristics, including overcrowding,
						and housing stock condition.
							</html:p>
							<html:p>
								(3)
								<html:span class="EnSpace"/>
								An inventory of land suitable and available for residential development, including vacant sites and sites having realistic and demonstrated potential for redevelopment during the planning period to meet the locality’s housing need for a designated income level, and an analysis of the relationship of zoning and public facilities and services to these sites, and an analysis of the relationship of the sites identified in the land inventory to the jurisdiction’s duty to affirmatively further fair housing.
							</html:p>
							<html:p>
								(4)
								<html:span class="EnSpace"/>
								(A)
								<html:span class="EnSpace"/>
								The identification of one or more zoning designations that allow residential uses, including mixed uses, where emergency shelters are allowed as a permitted use without a conditional use or other discretionary permit and that are suitable for residential uses. The identified zoning designations shall include sufficient
						sites meeting the requirements of subparagraph (H) with sufficient capacity, as described in subparagraph (I), to accommodate the need for emergency shelter identified in paragraph (7), except that each local government shall identify a zoning designation or designations that can accommodate at least one year-round emergency shelter. If the local government cannot identify a zoning designation or designations with sufficient capacity, the local government shall include a program to amend its zoning ordinance to meet the requirements of this paragraph within one year of the adoption of the housing element. The local government may identify additional zoning designations where emergency shelters are permitted with a conditional use permit. The local government shall also demonstrate that existing or proposed permit processing, development, and management standards that apply to emergency shelters are objective and encourage and facilitate the development of, or conversion to, emergency shelters.
							</html:p>
							<html:p>
								(B)
								<html:span class="EnSpace"/>
								Emergency shelters shall only be subject to the following written, objective standards:
							</html:p>
							<html:p>
								(i)
								<html:span class="EnSpace"/>
								The maximum number of beds or persons permitted to be served nightly by the facility.
							</html:p>
							<html:p>
								(ii)
								<html:span class="EnSpace"/>
								Sufficient parking to accommodate all staff working in the emergency shelter, provided that the standards do not require more parking for emergency shelters than other residential or commercial uses within the same zone.
							</html:p>
							<html:p>
								(iii)
								<html:span class="EnSpace"/>
								The size and location of exterior and interior onsite waiting and client intake areas.
							</html:p>
							<html:p>
								(iv)
								<html:span class="EnSpace"/>
								The provision of onsite management.
							</html:p>
							<html:p>
								(v)
								<html:span class="EnSpace"/>
								The proximity to other emergency shelters, provided that emergency shelters are not
						required to be more than 300 feet apart.
							</html:p>
							<html:p>
								(vi)
								<html:span class="EnSpace"/>
								The length of stay.
							</html:p>
							<html:p>
								(vii)
								<html:span class="EnSpace"/>
								Lighting.
							</html:p>
							<html:p>
								(viii)
								<html:span class="EnSpace"/>
								Security during hours that the emergency shelter is in operation.
							</html:p>
							<html:p>
								(C)
								<html:span class="EnSpace"/>
								For purposes of this paragraph, “emergency shelter” shall include other interim interventions, including, but not limited to, a navigation center, bridge housing, and respite or recuperative care, and all services provided onsite, including the addition or expansion of services that are consistent with any written, objective standards pursuant to subparagraph (B).
							</html:p>
							<html:p>
								(D)
								<html:span class="EnSpace"/>
								The permit processing, development, and management standards applied under this paragraph shall not be deemed to be discretionary acts within the meaning of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).
							</html:p>
							<html:p>
								(E)
								<html:span class="EnSpace"/>
								If a local government has adopted written, objective standards pursuant to subparagraph (B), the local government shall include an analysis of the standards in the analysis of constraints pursuant to paragraph (5).
							</html:p>
							<html:p>
								(F)
								<html:span class="EnSpace"/>
								A local government that can demonstrate, to the satisfaction of the department, the existence of one or more emergency shelters either within its jurisdiction or pursuant to a multijurisdictional agreement that can accommodate that jurisdiction’s need and the needs of the other jurisdictions that are a part of the agreement for
						emergency shelter identified in paragraph (7) may comply with the zoning requirements of subparagraph (A) by identifying a zoning designation where new emergency shelters are allowed with a conditional use permit.
							</html:p>
							<html:p>
								(G)
								<html:span class="EnSpace"/>
								A local government with an existing ordinance or ordinances that comply with this paragraph shall not be required to take additional action to identify zoning designations for emergency shelters. The housing element must only describe how existing ordinances, policies, and standards are consistent with the requirements of this paragraph.
							</html:p>
							<html:p>
								(H)
								<html:span class="EnSpace"/>
								The zoning designation or designations where emergency shelters are allowed, as described in subparagraph (A), shall include sites that meet at least one of the following standards:
							</html:p>
							<html:p>
								(i)
								<html:span class="EnSpace"/>
								Vacant sites zoned for residential use.
							</html:p>
							<html:p>
								(ii)
								<html:span class="EnSpace"/>
								Vacant sites zoned for nonresidential use that allow residential development, if the local government can demonstrate how the sites with this zoning designation that are being used to satisfy the requirements of paragraph (1) are located near amenities and services that serve people experiencing homelessness, which may include health care, transportation, retail, employment, and social services, or that the local government will provide free transportation to services or offer services onsite.
							</html:p>
							<html:p>
								(iii)
								<html:span class="EnSpace"/>
								Nonvacant sites zoned for residential use or for nonresidential use that allow residential development that are suitable for use as a shelter in the current planning period, or which can be redeveloped for use as a shelter in the current planning period. A nonvacant site with an existing use shall be presumed to impede emergency shelter development absent an analysis based on
						substantial evidence that the use is likely to be discontinued during the planning period. The analysis shall consider current market demand for the current uses, market conditions, and incentives or standards to encourage shelter development.
							</html:p>
							<html:p>
								(I)
								<html:span class="EnSpace"/>
								The zoning designation or designations shall have sufficient sites meeting the requirements of subparagraph (H) to accommodate the need for shelters identified pursuant to paragraph (7). The number of people experiencing homelessness that can be accommodated on any site shall be demonstrated by dividing the square footage of the site by a minimum of 200 square feet per person, unless the locality can demonstrate that one or more shelters were developed on sites that have fewer square feet per person during the prior planning period or the locality provides similar evidence to the department demonstrating that the site can accommodate more people experiencing homelessness. Any standard applied pursuant
						to this subparagraph is intended only for calculating site capacity pursuant to this section, and shall not be construed as establishing a development standard applicable to the siting, development, or approval of a shelter.
							</html:p>
							<html:p>
								(J)
								<html:span class="EnSpace"/>
								Notwithstanding subparagraph (H), a local government may accommodate the need for emergency shelters identified pursuant to paragraph (7) on sites owned by the local government if it demonstrates with substantial evidence that the sites will be made available for emergency shelter during the planning period, they are suitable for residential use, and the sites are located near amenities and services that serve people experiencing homelessness, which may include health care, transportation, retail, employment, and social services, or that the local government will provide free transportation to services or offer services onsite.
							</html:p>
							<html:p>
								(5)
								<html:span class="EnSpace"/>
								An analysis of potential
						and actual governmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the types of housing identified in paragraph (1) of subdivision (c), and for persons with disabilities as identified in the analysis pursuant to paragraph (7), including land use controls, building codes and their enforcement, site improvements, fees, and other exactions required of developers, local processing and permit procedures, historic preservation practices and policies and an assessment of how existing and proposed historic designations affect the locality’s ability to meet its share of the housing need pursuant to paragraph (1), and any locally adopted ordinances that directly impact the cost and supply of residential development. The analysis shall also demonstrate local efforts to remove governmental constraints that hinder the locality from meeting its share of the regional housing need in accordance with Section 65584 and from meeting the need for housing for persons
						with disabilities, supportive housing, transitional housing, and emergency shelters identified pursuant to paragraph (7).
							</html:p>
							<html:p>
								(6)
								<html:span class="EnSpace"/>
								An analysis of potential and actual nongovernmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the availability of financing, the price of land, the cost of construction, the requests to develop housing at densities below those anticipated in the analysis required by subdivision (c) of Section 65583.2, and the length of time between receiving approval for a housing development and submittal of an application for building permits for that housing development that hinder the construction of a locality’s share of the regional housing need in accordance with Section 65584. The analysis shall also demonstrate local efforts to remove nongovernmental constraints that create a gap between the locality’s planning for the development of housing for all income levels
						and the construction of that housing.
							</html:p>
							<html:p>
								(7)
								<html:span class="EnSpace"/>
								(A)
								<html:span class="EnSpace"/>
								An analysis of any special housing needs, such as those of the elderly; persons with disabilities, including a developmental disability, as defined in Section 4512 of the Welfare and Institutions Code; extremely low income households; large families; farmworkers; families with female heads of households; and families and persons in need of emergency shelter. The need for emergency shelter shall be assessed based on the capacity necessary to accommodate the most recent homeless point-in-time count conducted before the start of the planning period, the need for emergency shelter based on number of beds available on a year-round and seasonal basis, the number of shelter beds that go unused on an average monthly basis within a one-year period, and the percentage of those in emergency shelters that move to permanent housing solutions. The need for emergency shelter may be reduced by
						the number of supportive housing units that are identified in an adopted 10-year plan to end chronic homelessness and that are either vacant or for which funding has been identified to allow construction during the planning period. An analysis of special housing needs by a city or county may include an analysis of the need for frequent user coordinated care housing services.
							</html:p>
							<html:p>
								(B)
								<html:span class="EnSpace"/>
								For the seventh and subsequent revisions of the housing element, the analysis required in subparagraph (A) shall also include an analysis of the housing needs of acutely and extremely low income households.
							</html:p>
							<html:p>
								(8)
								<html:span class="EnSpace"/>
								An analysis of opportunities for energy conservation with respect to residential development. Cities and counties are encouraged to include weatherization and energy efficiency improvements as part of publicly subsidized housing rehabilitation projects. This may include energy efficiency measures
						that encompass the building envelope, its heating and cooling systems, and its electrical system.
							</html:p>
							<html:p>
								(9)
								<html:span class="EnSpace"/>
								An analysis of existing assisted housing developments that are eligible to change from low-income housing uses during the next 10 years due to termination of subsidy contracts, mortgage prepayment, or expiration of restrictions on use. “Assisted housing developments,” for the purpose of this section, shall mean multifamily rental housing that receives governmental assistance under federal programs listed in subdivision (a) of Section 65863.10, state and local multifamily revenue bond programs, local redevelopment programs, the federal Community Development Block Grant Program, or local in-lieu fees. “Assisted housing developments” shall also include multifamily rental units that were developed pursuant to a local inclusionary housing program or used to qualify for a density bonus pursuant to Section 65916.
							</html:p>
							<html:p>
								(A)
								<html:span class="EnSpace"/>
								The analysis shall include a listing of each development by project name and address, the type of governmental assistance received, the earliest possible date of change from low-income use, and the total number of elderly and nonelderly units that could be lost from the locality’s low-income housing stock in each year during the 10-year period. For purposes of state and federally funded projects, the analysis required by this subparagraph need only contain information available on a statewide basis.
							</html:p>
							<html:p>
								(B)
								<html:span class="EnSpace"/>
								The analysis shall estimate the total cost of producing new rental housing that is comparable in size and rent levels, to replace the units that could change from low-income use, and an estimated cost of preserving the assisted housing developments. This cost analysis for replacement housing may be done aggregately for each five-year period and does not have to contain a
						project-by-project cost estimate.
							</html:p>
							<html:p>
								(C)
								<html:span class="EnSpace"/>
								The analysis shall identify public and private nonprofit corporations known to the local government that have legal and managerial capacity to acquire and manage these housing developments.
							</html:p>
							<html:p>
								(D)
								<html:span class="EnSpace"/>
								The analysis shall identify and consider the use of all federal, state, and local financing and subsidy programs that can be used to preserve, for lower income households, the assisted housing developments, identified in this paragraph, including, but not limited to, federal Community Development Block Grant Program funds, tax increment funds received by a redevelopment agency of the community, and administrative fees received by a housing authority operating within the community. In considering the use of these financing and subsidy programs, the analysis shall identify the amounts of funds under each available program that have not been legally
						obligated for other purposes and that could be available for use in preserving assisted housing developments.
							</html:p>
							<html:p>
								(b)
								<html:span class="EnSpace"/>
								(1)
								<html:span class="EnSpace"/>
								A statement of the community’s goals, quantified objectives, and policies relative to affirmatively furthering fair housing and to the maintenance, preservation, improvement, and development of housing.
							</html:p>
							<html:p>
								(2)
								<html:span class="EnSpace"/>
								It is recognized that the total housing needs identified pursuant to subdivision (a) may exceed available resources and the community’s ability to satisfy this need within the content of the general plan requirements outlined in Article 5 (commencing with Section 65300). Under these circumstances, the quantified objectives need not be identical to the total housing needs. The quantified objectives shall establish the maximum number of housing units by income category that can be constructed, rehabilitated, and conserved over a five-year
						time period.
							</html:p>
							<html:p>
								(c)
								<html:span class="EnSpace"/>
								A program that sets forth a schedule of actions during the planning period, each with a timeline for implementation, that may recognize that certain programs are ongoing, such that there will be beneficial impacts of the programs within the planning period, that the local government is undertaking or intends to undertake to implement the policies and achieve the goals and objectives of the housing element through the administration of land use and development controls, the provision of regulatory concessions and incentives, the utilization of appropriate federal and state financing and subsidy programs when available, and the utilization of moneys in a low- and moderate-income housing fund of an agency if the locality has established a redevelopment project area pursuant to the Community Redevelopment Law (Division 24 (commencing with Section 33000) of the Health and Safety Code). In order to make adequate provision for the
						housing needs of all economic segments of the community, the program shall do all of the following:
							</html:p>
							<html:p>
								(1)
								<html:span class="EnSpace"/>
								Identify actions that will be taken to make sites available during the planning period with appropriate zoning and development standards and with services and facilities to accommodate that portion of the city’s or county’s share of the regional housing need for all income levels that could not be accommodated on sites identified in the inventory completed pursuant to paragraph (3) of subdivision (a) without rezoning, and to comply with the requirements of Section 65584.09. Sites shall be identified as needed to affirmatively further fair housing and to facilitate and encourage the development of a variety of types of housing for all income levels, including multifamily rental housing, factory-built housing, mobilehomes, housing for agricultural employees, supportive housing, single-room occupancy units, emergency shelters, and transitional
						housing.
							</html:p>
							<html:p>
								(A)
								<html:span class="EnSpace"/>
								Where the inventory of sites, pursuant to paragraph (3) of subdivision (a), does not identify adequate sites to accommodate the need for groups of all household income levels pursuant to Section 65584, a program for rezoning of those sites, subject to the following deadlines:
							</html:p>
							<html:p>
								(i)
								<html:span class="EnSpace"/>
								For the adoption of the sixth revision of the housing element, jurisdictions with an eight-year housing element planning period pursuant to Section 65588, including adoption of minimum density and development standards or, for a jurisdiction in the coastal zone, any necessary local coastal program amendments related to land use designations, changes in intensity of land use, zoning ordinances, or zoning district maps, consistent with Sections 30512, 30512.2, 30513, and 30514 of the Public Resources Code, shall be completed no later than three years after either the date the housing element is
						adopted pursuant to subdivision (f) of Section 65585 or the date that is 90 days after receipt of comments from the department pursuant to subdivision (b) of Section 65585, whichever is earlier, unless the deadline is extended pursuant to subdivision (f). Notwithstanding the foregoing, for a local government that fails to adopt a housing element that the department has found to be in substantial compliance with this article within 120 days of the statutory deadline in Section 65588 for adoption of the housing element, rezoning of those sites, including adoption of minimum density and development standards or, for a jurisdiction in the coastal zone, any necessary local coastal program amendments related to land use designations, changes in intensity of land use, zoning ordinances, or zoning district maps, consistent with Sections 30512, 30512.2, 30513, and 30514 of the Public Resources Code, shall be completed no later than one year from the statutory deadline in Section 65588 for adoption of the housing
						element.
							</html:p>
							<html:p>
								(ii)
								<html:span class="EnSpace"/>
								For adoption of the seventh and all subsequent revisions of the housing element, rezonings shall be completed no later than one year from the statutory deadline in Section 65588 for adoption of the housing element.
							</html:p>
							<html:p>
								(iii)
								<html:span class="EnSpace"/>
								Notwithstanding clause (ii), for the adoption of the seventh and all subsequent revisions of the housing element, rezonings shall be completed no later than three years and 90 days after the statutory deadline in Section 65588 for adoption of the housing element, unless the deadline is extended pursuant to subdivision (f). This clause shall apply only if the local government complies with all of the following:
							</html:p>
							<html:p>
								(I)
								<html:span class="EnSpace"/>
								The local government submits a draft element or draft amendment to the department for review pursuant to paragraph (1) of subdivision (b) of Section 65585 at least 90 days
						before the statutory deadline established in Section 65588 for adoption of the housing element.
							</html:p>
							<html:p>
								(II)
								<html:span class="EnSpace"/>
								The local government receives from the department findings that the draft element or draft amendment substantially complies with this article pursuant to paragraph (3) of subdivision (b) of Section 65585 on or before the statutory deadline set forth in Section 65588 for adoption of the housing element.
							</html:p>
							<html:p>
								(III)
								<html:span class="EnSpace"/>
								The local government adopts the draft element or draft amendment that the department found to substantially comply with this article no later than 120 days after the statutory deadline set forth in Section 65588.
							</html:p>
							<html:p>
								(B)
								<html:span class="EnSpace"/>
								Where the inventory of sites, pursuant to paragraph (3) of subdivision (a), does not identify adequate sites to accommodate the need for groups of all household income levels pursuant to Section
						65584, the program shall identify sites that can be developed for housing within the planning period pursuant to subdivision (h) of Section 65583.2. The identification of sites shall include all components specified in Section 65583.2.
							</html:p>
							<html:p>
								(C)
								<html:span class="EnSpace"/>
								Where the inventory of sites pursuant to paragraph (3) of subdivision (a) does not identify adequate sites to accommodate the need for farmworker housing, the program shall provide for sufficient sites to meet the need with zoning that permits farmworker housing use by right, including density and development standards that could accommodate and facilitate the feasibility of the development of farmworker housing for low- and very low income households.
							</html:p>
							<html:p>
								(2)
								<html:span class="EnSpace"/>
								(A)
								<html:span class="EnSpace"/>
								Assist in the development of adequate housing to meet the needs of extremely low, very low, low-, and moderate-income households.
							</html:p>
							<html:p>
								(B)
								<html:span class="EnSpace"/>
								For the seventh and subsequent revisions of the housing element, the program shall also assist in the development of adequate housing to meet the needs of acutely low income households.
							</html:p>
							<html:p>
								(3)
								<html:span class="EnSpace"/>
								Address and, where appropriate and legally possible, remove governmental and nongovernmental constraints to the maintenance, improvement, and development of housing, including housing for all income levels and housing for persons with disabilities. The program shall remove constraints to, and provide reasonable accommodations for housing designed for, intended for occupancy by, or with supportive services for, persons with disabilities. Transitional housing and supportive housing shall be considered a residential use of property and shall be subject only to those restrictions that apply to other residential dwellings of the same type in the same zone. Supportive housing, as defined in Section
						65650, shall be a use by right in all zones where multifamily and mixed uses are permitted, as provided in Article 11 (commencing with Section 65650).
							</html:p>
							<html:p>
								(4)
								<html:span class="EnSpace"/>
								Conserve and improve the condition of the existing affordable housing stock, which may include addressing ways to mitigate the loss of dwelling units demolished by public or private action.
							</html:p>
							<html:p>
								(5)
								<html:span class="EnSpace"/>
								Promote and affirmatively further fair housing opportunities and promote housing throughout the community or communities for all persons regardless of race, religion, sex, marital status, ancestry, national origin, color, familial status, or disability, and other characteristics protected by the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2), Section 65008, and any other state and federal fair housing and planning law.
							</html:p>
							<html:p>
								(6)
								<html:span class="EnSpace"/>
								Preserve for lower income households the assisted housing developments identified pursuant to paragraph (9) of subdivision (a). The program for preservation of the assisted housing developments shall utilize, to the extent necessary, all available federal, state, and local financing and subsidy programs identified in paragraph (9) of subdivision (a), except where a community has other urgent needs for which alternative funding sources are not available. The program may include strategies that involve local regulation and technical assistance.
							</html:p>
							<html:p>
								(7)
								<html:span class="EnSpace"/>
								Develop a plan that incentivizes and promotes the creation of accessory dwelling units that can be offered at affordable rent, as defined in Section 50053 of the Health and Safety Code, for very low, low-, or moderate-income households. For purposes of this paragraph, “accessory dwelling units” has the same meaning as “accessory dwelling
						unit” as defined in subdivision (a) of Section 66313.
							</html:p>
							<html:p>
								(8)
								<html:span class="EnSpace"/>
								Include an identification of the agencies and officials responsible for the implementation of the various actions and the means by which consistency will be achieved with other general plan elements and community goals.
							</html:p>
							<html:p>
								(9)
								<html:span class="EnSpace"/>
								Include a diligent effort by the local government to achieve public participation of all economic segments of the community in the development of the housing element, and the program shall describe this effort.
							</html:p>
							<html:p>
								(10)
								<html:span class="EnSpace"/>
								(A)
								<html:span class="EnSpace"/>
								Affirmatively further fair housing in accordance with Chapter 15 (commencing with Section 8899.50) of Division 1 of Title 2. The program shall include an assessment of fair housing in the jurisdiction that shall include all of the following components:
							</html:p>
							<html:p>
								(i)
								<html:span class="EnSpace"/>
								A summary of fair housing issues in the jurisdiction and an assessment of the jurisdiction’s fair housing enforcement and fair housing outreach capacity.
							</html:p>
							<html:p>
								(ii)
								<html:span class="EnSpace"/>
								An analysis of available federal, state, and local data and knowledge to identify integration and segregation patterns and trends, racially or ethnically concentrated areas of poverty and affluence, disparities in access to opportunity, and disproportionate housing needs, including displacement risk. The analysis shall identify and examine such patterns, trends, areas, disparities, and needs, both within the jurisdiction and comparing the jurisdiction to the region in which it is located, based on race and other characteristics protected by the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2) and Section 65008.
							</html:p>
							<html:p>
								(iii)
								<html:span class="EnSpace"/>
								An assessment of the
						contributing factors, including the local and regional historical origins and current policies and practices, for the fair housing issues identified under clauses (i) and (ii).
							</html:p>
							<html:p>
								(iv)
								<html:span class="EnSpace"/>
								An identification of the jurisdiction’s fair housing priorities and goals, giving highest priority to those factors identified in clause (iii) that limit or deny fair housing choice or access to opportunity, or negatively impact fair housing or civil rights compliance, and identifying the metrics and milestones for determining what fair housing results will be achieved.
							</html:p>
							<html:p>
								(v)
								<html:span class="EnSpace"/>
								Strategies and actions to implement those priorities and goals, which may include, but are not limited to, enhancing mobility strategies and encouraging development of new affordable housing in areas of opportunity, as well as place-based strategies to encourage community revitalization, including preservation of existing affordable
						housing, and protecting existing residents from displacement.
							</html:p>
							<html:p>
								(B)
								<html:span class="EnSpace"/>
								A jurisdiction that completes or revises an assessment of fair housing pursuant to Subpart A (commencing with Section 5.150) of Part 5 of Subtitle A of Title 24 of the Code of Federal Regulations, as published in Volume 80 of the Federal Register, Number 136, page 42272, dated July 16, 2015, or an analysis of impediments to fair housing choice in accordance with the requirements of Section 91.225 of Title 24 of the Code of Federal Regulations in effect before August 17, 2015, may incorporate relevant portions of that assessment or revised assessment of fair housing or analysis or revised analysis of impediments to fair housing into its housing element.
							</html:p>
							<html:p>
								(C)
								<html:span class="EnSpace"/>
								(i)
								<html:span class="EnSpace"/>
								The requirements of this paragraph shall apply to housing elements due to be revised pursuant to Section 65588 on or after January 1,
						2021.
							</html:p>
							<html:p>
								(ii)
								<html:span class="EnSpace"/>
								The assessment required pursuant to this paragraph shall be completed before the planning agency makes its first draft revision of a housing element available for public comment pursuant to subdivision (b) of Section 65585.
							</html:p>
							<html:p>
								(D)
								<html:span class="EnSpace"/>
								(i)
								<html:span class="EnSpace"/>
								On or before December 31, 2026, the department shall develop a standardized reporting format for programs and actions taken pursuant to this paragraph. The standardized reporting format shall enable the reporting of all of the assessment components listed in subparagraph (A) and, at a minimum, include all of the following fields:
							</html:p>
							<html:p>
								(I)
								<html:span class="EnSpace"/>
								Timelines for
						implementation.
							</html:p>
							<html:p>
								(II)
								<html:span class="EnSpace"/>
								Responsible party or parties.
							</html:p>
							<html:p>
								(III)
								<html:span class="EnSpace"/>
								Resources committed from the local budget to affirmatively further fair housing.
							</html:p>
							<html:p>
								(IV)
								<html:span class="EnSpace"/>
								Action areas.
							</html:p>
							<html:p>
								(V)
								<html:span class="EnSpace"/>
								Potential impacts of the program.
							</html:p>
							<html:p>
								(ii)
								<html:span class="EnSpace"/>
								A local government shall utilize the standardized report format developed pursuant to this subparagraph for the seventh and each subsequent revision of the housing element.
							</html:p>
							<html:p>
								(d)
								<html:span class="EnSpace"/>
								(1)
								<html:span class="EnSpace"/>
								A local government may satisfy all or part of its requirement to identify a zone or zones suitable for the development of emergency shelters pursuant to paragraph (4) of subdivision (a) by adopting and implementing a
						multijurisdictional agreement, with a maximum of two other adjacent communities, that requires the participating jurisdictions to develop at least one year-round emergency shelter within two years of the beginning of the planning period.
							</html:p>
							<html:p>
								(2)
								<html:span class="EnSpace"/>
								The agreement shall allocate a portion of the new shelter capacity to each jurisdiction as credit toward its emergency shelter need, and each jurisdiction shall describe how the capacity was allocated as part of its housing element.
							</html:p>
							<html:p>
								(3)
								<html:span class="EnSpace"/>
								Each member jurisdiction of a multijurisdictional agreement shall describe in its housing element all of the following:
							</html:p>
							<html:p>
								(A)
								<html:span class="EnSpace"/>
								How the joint facility will meet the jurisdiction’s emergency shelter need.
							</html:p>
							<html:p>
								(B)
								<html:span class="EnSpace"/>
								The jurisdiction’s contribution to the facility for both the development and
						ongoing operation and management of the facility.
							</html:p>
							<html:p>
								(C)
								<html:span class="EnSpace"/>
								The amount and source of the funding that the jurisdiction contributes to the facility.
							</html:p>
							<html:p>
								(4)
								<html:span class="EnSpace"/>
								The aggregate capacity claimed by the participating jurisdictions in their housing elements shall not exceed the actual capacity of the shelter.
							</html:p>
							<html:p>
								(e)
								<html:span class="EnSpace"/>
								Except as otherwise provided in this article, amendments to this article that alter the required content of a housing element shall apply to both of the following:
							</html:p>
							<html:p>
								(1)
								<html:span class="EnSpace"/>
								A housing element or housing element amendment prepared pursuant to subdivision (e) of Section 65588 or Section 65584.02, when a city, county, or city and county submits a draft to the department for review pursuant to Section 65585 more than 90 days after the effective date of the amendment to this
						section.
							</html:p>
							<html:p>
								(2)
								<html:span class="EnSpace"/>
								Any housing element or housing element amendment prepared pursuant to subdivision (e) of Section 65588 or Section 65584.02, when the city, county, or city and county fails to submit the first draft to the department before the due date specified in Section 65588 or 65584.02.
							</html:p>
							<html:p>
								(f)
								<html:span class="EnSpace"/>
								The deadline for completing required rezoning pursuant to subparagraph (A) of paragraph (1) of subdivision (c) shall be extended by one year if the local government has completed the rezoning at densities sufficient to accommodate at least 75 percent of the units for lower income households and if the legislative body at the conclusion of a public hearing determines, based upon substantial evidence, that any of the following circumstances exists:
							</html:p>
							<html:p>
								(1)
								<html:span class="EnSpace"/>
								The local government has been unable to complete the rezoning because of the
						action or inaction beyond the control of the local government of any other state, federal, or local agency.
							</html:p>
							<html:p>
								(2)
								<html:span class="EnSpace"/>
								The local government is unable to complete the rezoning because of infrastructure deficiencies due to fiscal or regulatory constraints.
							</html:p>
							<html:p>
								(3)
								<html:span class="EnSpace"/>
								The local government must undertake a major revision to its general plan in order to accommodate the housing-related policies of a sustainable communities strategy or an alternative planning strategy adopted pursuant to Section 65080.
							</html:p>
							<html:p>The resolution and the findings shall be transmitted to the department together with a detailed budget and schedule for preparation and adoption of the required rezonings, including plans for citizen participation and expected interim action. The schedule shall provide for adoption of the required rezoning within one year of the adoption of the resolution.</html:p>
							<html:p>
								(g)
								<html:span class="EnSpace"/>
								(1)
								<html:span class="EnSpace"/>
								If a local government fails to complete the rezoning by the deadline provided in subparagraph (A) of paragraph (1) of subdivision (c), as it may be extended pursuant to subdivision (f), except as provided in paragraph (2), a local government may not disapprove a housing development project, nor require a conditional use permit, planned unit development permit, or other locally imposed discretionary permit, or impose a condition that would render the project infeasible, if the housing development project, (A) is proposed to be located on a site required to be rezoned pursuant to the program action required by that subparagraph and, (B) complies with applicable, objective general plan and zoning standards and criteria, including design review standards, described in the program action required by that subparagraph. Any subdivision of sites shall be subject to the Subdivision Map Act (Division 2 (commencing with Section
						66410)). Design review shall not constitute a “project” for purposes of Division 13 (commencing with Section 21000) of the Public Resources Code.
							</html:p>
							<html:p>
								(2)
								<html:span class="EnSpace"/>
								A local government may disapprove a housing development described in paragraph (1) if it makes written findings supported by substantial 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>
								(3)
								<html:span class="EnSpace"/>
								The applicant or any interested person may bring an action to enforce this subdivision. If a court finds that the local agency disapproved a project or conditioned its approval in violation of this subdivision, the court shall issue an order or judgment compelling compliance within 60 days. The court shall retain jurisdiction to ensure that its order or judgment is carried out. If the court determines that its order or judgment has not been carried out within 60 days, the court may issue further orders to ensure that the purposes and policies of this subdivision are fulfilled. In any such action, the city,
						county, or city and county shall bear the burden of proof.
							</html:p>
							<html:p>
								(4)
								<html:span class="EnSpace"/>
								For purposes of this subdivision, “housing development project” means a project to construct residential units for which the project developer provides sufficient legal commitments to the appropriate local agency to ensure the continued availability and use of at least 49 percent of the housing units for very low, low-, and moderate-income households with an affordable housing cost or affordable rent, as defined in Section 50052.5 or 50053 of the Health and Safety Code, respectively, for the period required by the applicable financing.
							</html:p>
							<html:p>
								(h)
								<html:span class="EnSpace"/>
								An action to enforce the program actions of the housing element shall be brought pursuant to Section 1085 of the Code of Civil Procedure.
							</html:p>
							<html:p>
								(i)
								<html:span class="EnSpace"/>
								Notwithstanding any other law, the otherwise applicable timeframe set forth
						in paragraph (2) of subdivision (b) and subdivision (d) of Section 21080.3.1 of the Public Resources Code, and paragraph (3) of subdivision (d) of Section 21082.3 of the Public Resources Code, for a Native American tribe to respond to a lead agency and request consultation in writing is extended by 30 days for any housing development project application determined or deemed to be complete on or after March 4, 2020, and prior to December 31, 2021.
							</html:p>
							<html:p>
								(j)
								<html:span class="EnSpace"/>
								On or after January 1, 2024, at the discretion of the department, the analysis of government constraints pursuant to paragraph (5) of subdivision (a) may include an analysis of constraints upon the maintenance, improvement, or development of housing for persons with a characteristic identified in subdivision (b) of Section 51 of the Civil Code. The implementation of this subdivision is contingent upon an appropriation by the Legislature in the annual Budget Act or another statute for this
						purpose.
							</html:p>
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			<ns0:Num>SEC. 1.3.</ns0:Num>
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				Section 65583 of the 
				<ns0:DocName>Government Code</ns0:DocName>
				 is amended to read:
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					<ns0:Num>65583.</ns0:Num>
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						<ns0:Content>
							<html:p>The housing element shall consist of an identification and analysis of existing and projected housing needs and a statement of goals, policies, quantified objectives, financial resources, and scheduled programs for the preservation, improvement, and development of housing. The housing element shall identify adequate sites for housing, including rental housing, factory-built housing, mobilehomes, and emergency shelters, and shall make adequate provision for the existing and projected needs of all economic segments of the community. The housing element shall contain all of the following:</html:p>
							<html:p>
								(a)
								<html:span class="EnSpace"/>
								An assessment of housing
						needs, and an inventory of resources and constraints that are relevant to the meeting of those needs. The assessment and inventory shall include all of the following:
							</html:p>
							<html:p>
								(1)
								<html:span class="EnSpace"/>
								An analysis of population and employment trends and documentation of projections and a quantification of the locality’s existing and projected housing needs for all income levels. These existing and projected needs shall include the locality’s share of the regional housing need in accordance with Section 65584.
							</html:p>
							<html:p>
								(2)
								<html:span class="EnSpace"/>
								An analysis and documentation of household characteristics, including level of payment compared to ability to pay, housing characteristics, including overcrowding,
						and housing stock condition.
							</html:p>
							<html:p>
								(3)
								<html:span class="EnSpace"/>
								An inventory of land suitable and available for residential development, including vacant sites and sites having realistic and demonstrated potential for redevelopment during the planning period to meet the locality’s housing need for a designated income level, and an analysis of the relationship of zoning and public facilities and services to these sites, and an analysis of the relationship of the sites identified in the land inventory to the jurisdiction’s duty to affirmatively further fair housing.
							</html:p>
							<html:p>
								(4)
								<html:span class="EnSpace"/>
								(A)
								<html:span class="EnSpace"/>
								The identification of one or more zoning designations that allow residential uses, including mixed uses, where emergency shelters are allowed as a permitted use without a conditional use or other discretionary permit and that are suitable for residential uses. The identified zoning designations shall include sufficient
						sites meeting the requirements of subparagraph (H) with sufficient capacity, as described in subparagraph (I), to accommodate the need for emergency shelter identified in paragraph (7), except that each local government shall identify a zoning designation or designations that can accommodate at least one year-round emergency shelter. If the local government cannot identify a zoning designation or designations with sufficient capacity, the local government shall include a program to amend its zoning ordinance to meet the requirements of this paragraph within one year of the adoption of the housing element. The local government may identify additional zoning designations where emergency shelters are permitted with a conditional use permit. The local government shall also demonstrate that existing or proposed permit processing, development, and management standards that apply to emergency shelters are objective and encourage and facilitate the development of, or conversion to, emergency shelters.
							</html:p>
							<html:p>
								(B)
								<html:span class="EnSpace"/>
								Emergency shelters shall only be subject to the following written, objective standards:
							</html:p>
							<html:p>
								(i)
								<html:span class="EnSpace"/>
								The maximum number of beds or persons permitted to be served nightly by the facility.
							</html:p>
							<html:p>
								(ii)
								<html:span class="EnSpace"/>
								Sufficient parking to accommodate all staff working in the emergency shelter, provided that the standards do not require more parking for emergency shelters than other residential or commercial uses within the same zone.
							</html:p>
							<html:p>
								(iii)
								<html:span class="EnSpace"/>
								The size and location of exterior and interior onsite waiting and client intake areas.
							</html:p>
							<html:p>
								(iv)
								<html:span class="EnSpace"/>
								The provision of onsite management.
							</html:p>
							<html:p>
								(v)
								<html:span class="EnSpace"/>
								The proximity to other emergency shelters, provided that emergency shelters are not
						required to be more than 300 feet apart.
							</html:p>
							<html:p>
								(vi)
								<html:span class="EnSpace"/>
								The length of stay.
							</html:p>
							<html:p>
								(vii)
								<html:span class="EnSpace"/>
								Lighting.
							</html:p>
							<html:p>
								(viii)
								<html:span class="EnSpace"/>
								Security during hours that the emergency shelter is in operation.
							</html:p>
							<html:p>
								(C)
								<html:span class="EnSpace"/>
								For purposes of this paragraph, “emergency shelter” shall include other interim interventions, including, but not limited to, a navigation center, bridge housing, and respite or recuperative care, and all services provided onsite, including the addition or expansion of services that are consistent with any written, objective standards pursuant to subparagraph (B).
							</html:p>
							<html:p>
								(D)
								<html:span class="EnSpace"/>
								The permit processing, development, and management standards applied under this paragraph shall not be deemed to be discretionary acts within the meaning of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).
							</html:p>
							<html:p>
								(E)
								<html:span class="EnSpace"/>
								If a local government has adopted written, objective standards pursuant to subparagraph (B), the local government shall include an analysis of the standards in the analysis of constraints pursuant to paragraph (5).
							</html:p>
							<html:p>
								(F)
								<html:span class="EnSpace"/>
								A local government that can demonstrate, to the satisfaction of the department, the existence of one or more emergency shelters either within its jurisdiction or pursuant to a multijurisdictional agreement that can accommodate that jurisdiction’s need and the needs of the other jurisdictions that are a part of the agreement for
						emergency shelter identified in paragraph (7) may comply with the zoning requirements of subparagraph (A) by identifying a zoning designation where new emergency shelters are allowed with a conditional use permit.
							</html:p>
							<html:p>
								(G)
								<html:span class="EnSpace"/>
								A local government with an existing ordinance or ordinances that comply with this paragraph shall not be required to take additional action to identify zoning designations for emergency shelters. The housing element must only describe how existing ordinances, policies, and standards are consistent with the requirements of this paragraph.
							</html:p>
							<html:p>
								(H)
								<html:span class="EnSpace"/>
								The zoning designation or designations where emergency shelters are allowed, as described in subparagraph (A), shall include sites that meet at least one of the following standards:
							</html:p>
							<html:p>
								(i)
								<html:span class="EnSpace"/>
								Vacant sites zoned for residential use.
							</html:p>
							<html:p>
								(ii)
								<html:span class="EnSpace"/>
								Vacant sites zoned for nonresidential use that allow residential development, if the local government can demonstrate how the sites with this zoning designation that are being used to satisfy the requirements of paragraph (1) are located near amenities and services that serve people experiencing homelessness, which may include health care, transportation, retail, employment, and social services, or that the local government will provide free transportation to services or offer services onsite.
							</html:p>
							<html:p>
								(iii)
								<html:span class="EnSpace"/>
								Nonvacant sites zoned for residential use or for nonresidential use that allow residential development that are suitable for use as a shelter in the current planning period, or which can be redeveloped for use as a shelter in the current planning period. A nonvacant site with an existing use shall be presumed to impede emergency shelter development absent an analysis based on
						substantial evidence that the use is likely to be discontinued during the planning period. The analysis shall consider current market demand for the current uses, market conditions, and incentives or standards to encourage shelter development.
							</html:p>
							<html:p>
								(I)
								<html:span class="EnSpace"/>
								The zoning designation or designations shall have sufficient sites meeting the requirements of subparagraph (H) to accommodate the need for shelters identified pursuant to paragraph (7). The number of people experiencing homelessness that can be accommodated on any site shall be demonstrated by dividing the square footage of the site by a minimum of 200 square feet per person, unless the locality can demonstrate that one or more shelters were developed on sites that have fewer square feet per person during the prior planning period or the locality provides similar evidence to the department demonstrating that the site can accommodate more people experiencing homelessness. Any standard applied pursuant
						to this subparagraph is intended only for calculating site capacity pursuant to this section, and shall not be construed as establishing a development standard applicable to the siting, development, or approval of a shelter.
							</html:p>
							<html:p>
								(J)
								<html:span class="EnSpace"/>
								Notwithstanding subparagraph (H), a local government may accommodate the need for emergency shelters identified pursuant to paragraph (7) on sites owned by the local government if it demonstrates with substantial evidence that the sites will be made available for emergency shelter during the planning period, they are suitable for residential use, and the sites are located near amenities and services that serve people experiencing homelessness, which may include health care, transportation, retail, employment, and social services, or that the local government will provide free transportation to services or offer services onsite.
							</html:p>
							<html:p>
								(5)
								<html:span class="EnSpace"/>
								An analysis of potential
						and actual governmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the types of housing identified in paragraph (1) of subdivision (c), and for persons with disabilities as identified in the analysis pursuant to paragraph (7), including land use controls, building codes and their enforcement, site improvements, fees, and other exactions required of developers, local processing and permit procedures, historic preservation practices and policies and an assessment of how existing and proposed historic designations affect the locality’s ability to meet its share of the housing need pursuant to paragraph (1), and any locally adopted ordinances that directly impact the cost and supply of residential development.
							</html:p>
							<html:p>
								(A)
								<html:span class="EnSpace"/>
								The analysis shall also demonstrate local efforts to remove governmental constraints that hinder the locality from meeting its share of the regional housing need in accordance with Section 65584 and from meeting the need for housing for persons with disabilities, supportive housing, transitional housing, and emergency shelters identified pursuant to paragraph (7).
							</html:p>
							<html:p>
								(B)
								<html:span class="EnSpace"/>
								(i)
								<html:span class="EnSpace"/>
								For adoption of the seventh and all subsequent revisions of the housing element, the analysis shall also include a potential and actual governmental constraints disclosure statement containing both of the following:
							</html:p>
							<html:p>
								(I)
								<html:span class="EnSpace"/>
								An identification of each new or amended potential or actual governmental constraint, or revision increasing the stringency of a governmental constraint, adopted after the due date of the previous housing
						element and before submittal of the current draft housing element to the department.
							</html:p>
							<html:p>
								(II)
								<html:span class="EnSpace"/>
								An identification of any new or amended potential or actual governmental constraint, or revision increasing the stringency of a governmental constraint, that the governing body of the local government can anticipate adopting during the first three years of the planning period commencing on the date that a local agency’s housing element is considered to be in substantial compliance pursuant to Section 65585.03.
							</html:p>
							<html:p>
								(ii)
								<html:span class="EnSpace"/>
								For the purposes of this subparagraph, “anticipate adopting” means a legislative body of the local government had, after the due date of the previous housing element and before submittal of the current draft housing element, identified in an agenda published by a legislative body of the local government pursuant to the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950)
						of Part 1 of Division 2 of Title 5) an action to consider the adoption, amendment, or increase in the stringency of a potential or actual governmental constraint.
							</html:p>
							<html:p>
								(iii)
								<html:span class="EnSpace"/>
								This subparagraph shall not be construed to prohibit a local government from adopting, amending, or increasing the stringency of a potential or actual governmental constraint regardless of whether it was included in a potential and actual governmental constraints disclosure statement pursuant to this subparagraph.
							</html:p>
							<html:p>
								(6)
								<html:span class="EnSpace"/>
								An analysis of potential and actual nongovernmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the availability of financing, the price of land, the cost of construction, the requests to develop housing at densities below those anticipated in the analysis required by subdivision (c) of Section 65583.2, and the
						length of time between receiving approval for a housing development and submittal of an application for building permits for that housing development that hinder the construction of a locality’s share of the regional housing need in accordance with Section 65584. The analysis shall also demonstrate local efforts to remove nongovernmental constraints that create a gap between the locality’s planning for the development of housing for all income levels and the construction of that housing.
							</html:p>
							<html:p>
								(7)
								<html:span class="EnSpace"/>
								(A)
								<html:span class="EnSpace"/>
								An analysis of any special housing needs, such as those of the elderly; persons with disabilities, including a developmental disability, as defined in Section 4512 of the Welfare and Institutions Code; extremely low income households; large families; farmworkers; families with female heads of households; and families and persons in need of emergency shelter. The need for emergency shelter shall be assessed based on the capacity
						necessary to accommodate the most recent homeless point-in-time count conducted before the start of the planning period, the need for emergency shelter based on number of beds available on a year-round and seasonal basis, the number of shelter beds that go unused on an average monthly basis within a one-year period, and the percentage of those in emergency shelters that move to permanent housing solutions. The need for emergency shelter may be reduced by the number of supportive housing units that are identified in an adopted 10-year plan to end chronic homelessness and that are either vacant or for which funding has been identified to allow construction during the planning period. An analysis of special housing needs by a city or county may include an analysis of the need for frequent user coordinated care housing services.
							</html:p>
							<html:p>
								(B)
								<html:span class="EnSpace"/>
								For the seventh and subsequent revisions of the housing element, the analysis required in subparagraph (A) shall also
						include an analysis of the housing needs of acutely and extremely low income households.
							</html:p>
							<html:p>
								(8)
								<html:span class="EnSpace"/>
								An analysis of opportunities for energy conservation with respect to residential development. Cities and counties are encouraged to include weatherization and energy efficiency improvements as part of publicly subsidized housing rehabilitation projects. This may include energy efficiency measures that encompass the building envelope, its heating and cooling systems, and its electrical system.
							</html:p>
							<html:p>
								(9)
								<html:span class="EnSpace"/>
								An analysis of existing assisted housing developments that are eligible to change from low-income housing uses during the next 10 years due to termination of subsidy contracts, mortgage prepayment, or expiration of restrictions on use. “Assisted housing developments,” for the purpose of this section, shall mean multifamily rental housing that receives governmental assistance under federal programs
						listed in subdivision (a) of Section 65863.10, state and local multifamily revenue bond programs, local redevelopment programs, the federal Community Development Block Grant Program, or local in-lieu fees. “Assisted housing developments” shall also include multifamily rental units that were developed pursuant to a local inclusionary housing program or used to qualify for a density bonus pursuant to Section 65916.
							</html:p>
							<html:p>
								(A)
								<html:span class="EnSpace"/>
								The analysis shall include a listing of each development by project name and address, the type of governmental assistance received, the earliest possible date of change from low-income use, and the total number of elderly and nonelderly units that could be lost from the locality’s low-income housing stock in each year during the 10-year period. For purposes of state and federally funded projects, the analysis required by this subparagraph need only contain information available on a statewide basis.
							</html:p>
							<html:p>
								(B)
								<html:span class="EnSpace"/>
								The analysis shall estimate the total cost of producing new rental housing that is comparable in size and rent levels, to replace the units that could change from low-income use, and an estimated cost of preserving the assisted housing developments. This cost analysis for replacement housing may be done aggregately for each five-year period and does not have to contain a project-by-project cost estimate.
							</html:p>
							<html:p>
								(C)
								<html:span class="EnSpace"/>
								The analysis shall identify public and private nonprofit corporations known to the local government that have legal and managerial capacity to acquire and manage these housing developments.
							</html:p>
							<html:p>
								(D)
								<html:span class="EnSpace"/>
								The analysis shall identify and consider the use of all federal, state, and local financing and subsidy programs that can be used to preserve, for lower income households, the assisted housing developments, identified in
						this paragraph, including, but not limited to, federal Community Development Block Grant Program funds, tax increment funds received by a redevelopment agency of the community, and administrative fees received by a housing authority operating within the community. In considering the use of these financing and subsidy programs, the analysis shall identify the amounts of funds under each available program that have not been legally obligated for other purposes and that could be available for use in preserving assisted housing developments.
							</html:p>
							<html:p>
								(b)
								<html:span class="EnSpace"/>
								(1)
								<html:span class="EnSpace"/>
								A statement of the community’s goals, quantified objectives, and policies relative to affirmatively furthering fair housing and to the maintenance, preservation, improvement, and development of housing.
							</html:p>
							<html:p>
								(2)
								<html:span class="EnSpace"/>
								It is recognized that the total housing needs identified pursuant to subdivision (a) may exceed available
						resources and the community’s ability to satisfy this need within the content of the general plan requirements outlined in Article 5 (commencing with Section 65300). Under these circumstances, the quantified objectives need not be identical to the total housing needs. The quantified objectives shall establish the maximum number of housing units by income category that can be constructed, rehabilitated, and conserved over a five-year time period.
							</html:p>
							<html:p>
								(c)
								<html:span class="EnSpace"/>
								A program that sets forth a schedule of actions during the planning period, each with a timeline for implementation, that may recognize that certain programs are ongoing, such that there will be beneficial impacts of the programs within the planning period, that the local government is undertaking or intends to undertake to implement the policies and achieve the goals and objectives of the housing element through the administration of land use and development controls, the provision of regulatory
						concessions and incentives, the utilization of appropriate federal and state financing and subsidy programs when available, and the utilization of moneys in a low- and moderate-income housing fund of an agency if the locality has established a redevelopment project area pursuant to the Community Redevelopment Law (Division 24 (commencing with Section 33000) of the Health and Safety Code). In order to make adequate provision for the housing needs of all economic segments of the community, the program shall do all of the following:
							</html:p>
							<html:p>
								(1)
								<html:span class="EnSpace"/>
								Identify actions that will be taken to make sites available during the planning period with appropriate zoning and development standards and with services and facilities to accommodate that portion of the city’s or county’s share of the regional housing need for all income levels that could not be accommodated on sites identified in the inventory completed pursuant to paragraph (3) of subdivision (a) without
						rezoning, and to comply with the requirements of Section 65584.09. Sites shall be identified as needed to affirmatively further fair housing and to facilitate and encourage the development of a variety of types of housing for all income levels, including multifamily rental housing, factory-built housing, mobilehomes, housing for agricultural employees, supportive housing, single-room occupancy units, emergency shelters, and transitional housing.
							</html:p>
							<html:p>
								(A)
								<html:span class="EnSpace"/>
								Where the inventory of sites, pursuant to paragraph (3) of subdivision (a), does not identify adequate sites to accommodate the need for groups of all household income levels pursuant to Section 65584, a program for rezoning of those sites, subject to the following deadlines:
							</html:p>
							<html:p>
								(i)
								<html:span class="EnSpace"/>
								For the adoption of the sixth revision of the housing element, jurisdictions with an eight-year housing element planning period pursuant to Section 65588,
						including adoption of minimum density and development standards or, for a jurisdiction in the coastal zone, any necessary local coastal program amendments related to land use designations, changes in intensity of land use, zoning ordinances, or zoning district maps, consistent with Sections 30512, 30512.2, 30513, and 30514 of the Public Resources Code, shall be completed no later than three years after either the date the housing element is adopted pursuant to subdivision (f) of Section 65585 or the date that is 90 days after receipt of comments from the department pursuant to subdivision (b) of Section 65585, whichever is earlier, unless the deadline is extended pursuant to subdivision (f). Notwithstanding the foregoing, for a local government that fails to adopt a housing element that the department has found to be in substantial compliance with this article within 120 days of the statutory deadline in Section 65588 for adoption of the housing element, rezoning of those sites, including adoption of minimum
						density and development standards or, for a jurisdiction in the coastal zone, any necessary local coastal program amendments related to land use designations, changes in intensity of land use, zoning ordinances, or zoning district maps, consistent with Sections 30512, 30512.2, 30513, and 30514 of the Public Resources Code, shall be completed no later than one year from the statutory deadline in Section 65588 for adoption of the housing element.
							</html:p>
							<html:p>
								(ii)
								<html:span class="EnSpace"/>
								For adoption of the seventh and all subsequent revisions of the housing element, rezonings shall be completed no later than one year from the statutory deadline in Section 65588 for adoption of the housing element.
							</html:p>
							<html:p>
								(iii)
								<html:span class="EnSpace"/>
								Notwithstanding clause (ii), for the adoption of the seventh and all subsequent revisions of the housing element, rezonings shall be completed no later than three years and 90 days after the statutory deadline in
						Section 65588 for adoption of the housing element, unless the deadline is extended pursuant to subdivision (f). This clause shall apply only if the local government complies with all of the following:
							</html:p>
							<html:p>
								(I)
								<html:span class="EnSpace"/>
								The local government submits a draft element or draft amendment to the department for review pursuant to paragraph (1) of subdivision (b) of Section 65585 at least 90 days before the statutory deadline established in Section 65588 for adoption of the housing element.
							</html:p>
							<html:p>
								(II)
								<html:span class="EnSpace"/>
								The local government receives from the department findings that the draft element or draft amendment substantially complies with this article pursuant to paragraph (3) of subdivision (b) of Section 65585 on or before the statutory deadline set forth in Section 65588 for adoption of the housing element.
							</html:p>
							<html:p>
								(III)
								<html:span class="EnSpace"/>
								The local government adopts the draft
						element or draft amendment that the department found to substantially comply with this article no later than 120 days after the statutory deadline set forth in Section 65588.
							</html:p>
							<html:p>
								(B)
								<html:span class="EnSpace"/>
								Where the inventory of sites, pursuant to paragraph (3) of subdivision (a), does not identify adequate sites to accommodate the need for groups of all household income levels pursuant to Section 65584, the program shall identify sites that can be developed for housing within the planning period pursuant to subdivision (h) of Section 65583.2. The identification of sites shall include all components specified in Section 65583.2.
							</html:p>
							<html:p>
								(C)
								<html:span class="EnSpace"/>
								Where the inventory of sites pursuant to paragraph (3) of subdivision (a) does not identify adequate sites to accommodate the need for farmworker housing, the program shall provide for sufficient sites to meet the need with zoning that permits farmworker housing use by right,
						including density and development standards that could accommodate and facilitate the feasibility of the development of farmworker housing for low- and very low income households.
							</html:p>
							<html:p>
								(2)
								<html:span class="EnSpace"/>
								(A)
								<html:span class="EnSpace"/>
								Assist in the development of adequate housing to meet the needs of extremely low, very low, low-, and moderate-income households.
							</html:p>
							<html:p>
								(B)
								<html:span class="EnSpace"/>
								For the seventh and subsequent revisions of the housing element, the program shall also assist in the development of adequate housing to meet the needs of acutely low income households.
							</html:p>
							<html:p>
								(3)
								<html:span class="EnSpace"/>
								Address and, where appropriate and legally possible, remove governmental and nongovernmental constraints to the maintenance, improvement, and development of housing, including housing for all income levels and housing for persons with disabilities. The program shall remove constraints to, and
						provide reasonable accommodations for housing designed for, intended for occupancy by, or with supportive services for, persons with disabilities. Transitional housing and supportive housing shall be considered a residential use of property and shall be subject only to those restrictions that apply to other residential dwellings of the same type in the same zone. Supportive housing, as defined in Section 65650, shall be a use by right in all zones where multifamily and mixed uses are permitted, as provided in Article 11 (commencing with Section 65650).
							</html:p>
							<html:p>
								(4)
								<html:span class="EnSpace"/>
								Conserve and improve the condition of the existing affordable housing stock, which may include addressing ways to mitigate the loss of dwelling units demolished by public or private action.
							</html:p>
							<html:p>
								(5)
								<html:span class="EnSpace"/>
								Promote and affirmatively further fair housing opportunities and promote housing throughout the community or communities for all persons
						regardless of race, religion, sex, marital status, ancestry, national origin, color, familial status, or disability, and other characteristics protected by the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2), Section 65008, and any other state and federal fair housing and planning law.
							</html:p>
							<html:p>
								(6)
								<html:span class="EnSpace"/>
								Preserve for lower income households the assisted housing developments identified pursuant to paragraph (9) of subdivision (a). The program for preservation of the assisted housing developments shall utilize, to the extent necessary, all available federal, state, and local financing and subsidy programs identified in paragraph (9) of subdivision (a), except where a community has other urgent needs for which alternative funding sources are not available. The program may include strategies that involve local regulation and technical assistance.
							</html:p>
							<html:p>
								(7)
								<html:span class="EnSpace"/>
								Develop a plan that incentivizes and promotes the creation of accessory dwelling units that can be offered at affordable rent, as defined in Section 50053 of the Health and Safety Code, for very low, low-, or moderate-income households. For purposes of this paragraph, “accessory dwelling units” has the same meaning as “accessory dwelling unit” as defined in subdivision (a) of Section 66313.
							</html:p>
							<html:p>
								(8)
								<html:span class="EnSpace"/>
								Include an identification of the agencies and officials responsible for the implementation of the various actions and the means by which consistency will be achieved with other general plan elements and community goals.
							</html:p>
							<html:p>
								(9)
								<html:span class="EnSpace"/>
								Include a diligent effort by the local government to achieve public participation of all economic segments of the community in the development of the housing element, and the program shall describe this effort.
							</html:p>
							<html:p>
								(10)
								<html:span class="EnSpace"/>
								(A)
								<html:span class="EnSpace"/>
								Affirmatively further fair housing in accordance with Chapter 15 (commencing with Section 8899.50) of Division 1 of Title 2. The program shall include an assessment of fair housing in the jurisdiction that shall include all of the following components:
							</html:p>
							<html:p>
								(i)
								<html:span class="EnSpace"/>
								A summary of fair housing issues in the jurisdiction and an assessment of the jurisdiction’s fair housing enforcement and fair housing outreach capacity.
							</html:p>
							<html:p>
								(ii)
								<html:span class="EnSpace"/>
								An analysis of available federal, state, and local data and knowledge to identify integration and segregation patterns and trends, racially or ethnically concentrated areas of poverty and affluence, disparities in access to opportunity, and disproportionate housing needs, including displacement risk. The analysis shall identify and examine such patterns, trends, areas, disparities,
						and needs, both within the jurisdiction and comparing the jurisdiction to the region in which it is located, based on race and other characteristics protected by the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2) and Section 65008.
							</html:p>
							<html:p>
								(iii)
								<html:span class="EnSpace"/>
								An assessment of the contributing factors, including the local and regional historical origins and current policies and practices, for the fair housing issues identified under clauses (i) and (ii).
							</html:p>
							<html:p>
								(iv)
								<html:span class="EnSpace"/>
								An identification of the jurisdiction’s fair housing priorities and goals, giving highest priority to those factors identified in clause (iii) that limit or deny fair housing choice or access to opportunity, or negatively impact fair housing or civil rights compliance, and identifying the metrics and milestones for determining what fair housing results will be achieved.
							</html:p>
							<html:p>
								(v)
								<html:span class="EnSpace"/>
								Strategies and actions to implement those priorities and goals, which may include, but are not limited to, enhancing mobility strategies and encouraging development of new affordable housing in areas of opportunity, as well as place-based strategies to encourage community revitalization, including preservation of existing affordable housing, and protecting existing residents from displacement.
							</html:p>
							<html:p>
								(B)
								<html:span class="EnSpace"/>
								A jurisdiction that completes or revises an assessment of fair housing pursuant to Subpart A (commencing with Section 5.150) of Part 5 of Subtitle A of Title 24 of the Code of Federal Regulations, as published in Volume 80 of the Federal Register, Number 136, page 42272, dated July 16, 2015, or an analysis of impediments to fair housing choice in accordance with the requirements of Section 91.225 of Title 24 of the Code of Federal Regulations in effect before August 17, 2015, may
						incorporate relevant portions of that assessment or revised assessment of fair housing or analysis or revised analysis of impediments to fair housing into its housing element.
							</html:p>
							<html:p>
								(C)
								<html:span class="EnSpace"/>
								(i)
								<html:span class="EnSpace"/>
								The requirements of this paragraph shall apply to housing elements due to be revised pursuant to Section 65588 on or after January 1, 2021.
							</html:p>
							<html:p>
								(ii)
								<html:span class="EnSpace"/>
								The assessment required pursuant to this paragraph shall be completed before the planning agency makes its first draft revision of a housing element available for public comment pursuant to subdivision (b) of Section 65585.
							</html:p>
							<html:p>
								(D)
								<html:span class="EnSpace"/>
								(i)
								<html:span class="EnSpace"/>
								On or before December 31, 2026, the department
						shall develop a standardized reporting format for programs and actions taken pursuant to this paragraph. The standardized reporting format shall enable the reporting of all of the assessment components listed in subparagraph (A) and, at a minimum, include all of the following fields:
							</html:p>
							<html:p>
								(I)
								<html:span class="EnSpace"/>
								Timelines for implementation.
							</html:p>
							<html:p>
								(II)
								<html:span class="EnSpace"/>
								Responsible party or parties.
							</html:p>
							<html:p>
								(III)
								<html:span class="EnSpace"/>
								Resources committed from the local budget to affirmatively further fair housing.
							</html:p>
							<html:p>
								(IV)
								<html:span class="EnSpace"/>
								Action areas.
							</html:p>
							<html:p>
								(V)
								<html:span class="EnSpace"/>
								Potential impacts of the program.
							</html:p>
							<html:p>
								(ii)
								<html:span class="EnSpace"/>
								A local government shall utilize the standardized report format developed pursuant to this subparagraph for the seventh and each
						subsequent revision of the housing element.
							</html:p>
							<html:p>
								(d)
								<html:span class="EnSpace"/>
								(1)
								<html:span class="EnSpace"/>
								A local government may satisfy all or part of its requirement to identify a zone or zones suitable for the development of emergency shelters pursuant to paragraph (4) of subdivision (a) by adopting and implementing a multijurisdictional agreement, with a maximum of two other adjacent communities, that requires the participating jurisdictions to develop at least one year-round emergency shelter within two years of the beginning of the planning period.
							</html:p>
							<html:p>
								(2)
								<html:span class="EnSpace"/>
								The agreement shall allocate a portion of the new shelter capacity to each jurisdiction as credit toward its emergency shelter need, and each jurisdiction shall describe how the capacity was allocated as part of its housing element.
							</html:p>
							<html:p>
								(3)
								<html:span class="EnSpace"/>
								Each member jurisdiction of a multijurisdictional
						agreement shall describe in its housing element all of the following:
							</html:p>
							<html:p>
								(A)
								<html:span class="EnSpace"/>
								How the joint facility will meet the jurisdiction’s emergency shelter need.
							</html:p>
							<html:p>
								(B)
								<html:span class="EnSpace"/>
								The jurisdiction’s contribution to the facility for both the development and ongoing operation and management of the facility.
							</html:p>
							<html:p>
								(C)
								<html:span class="EnSpace"/>
								The amount and source of the funding that the jurisdiction contributes to the facility.
							</html:p>
							<html:p>
								(4)
								<html:span class="EnSpace"/>
								The aggregate capacity claimed by the participating jurisdictions in their housing elements shall not exceed the actual capacity of the shelter.
							</html:p>
							<html:p>
								(e)
								<html:span class="EnSpace"/>
								Except as otherwise provided in this article, amendments to this article that alter the required content of a housing element shall apply to both of the following:
							</html:p>
							<html:p>
								(1)
								<html:span class="EnSpace"/>
								A housing element or housing element amendment prepared pursuant to subdivision (e) of Section 65588 or Section 65584.02, when a city, county, or city and county submits a draft to the department for review pursuant to Section 65585 more than 90 days after the effective date of the amendment to this section.
							</html:p>
							<html:p>
								(2)
								<html:span class="EnSpace"/>
								Any housing element or housing element amendment prepared pursuant to subdivision (e) of Section 65588 or Section 65584.02, when the city, county, or city and county fails to submit the first draft to the department before the due date specified in Section 65588 or 65584.02.
							</html:p>
							<html:p>
								(f)
								<html:span class="EnSpace"/>
								The deadline for completing required rezoning pursuant to subparagraph (A) of paragraph (1) of subdivision (c) shall be extended by one year if the local government has completed the rezoning at densities sufficient to accommodate at
						least 75 percent of the units for lower income households and if the legislative body at the conclusion of a public hearing determines, based upon substantial evidence, that any of the following circumstances exists:
							</html:p>
							<html:p>
								(1)
								<html:span class="EnSpace"/>
								The local government has been unable to complete the rezoning because of the action or inaction beyond the control of the local government of any other state, federal, or local agency.
							</html:p>
							<html:p>
								(2)
								<html:span class="EnSpace"/>
								The local government is unable to complete the rezoning because of infrastructure deficiencies due to fiscal or regulatory constraints.
							</html:p>
							<html:p>
								(3)
								<html:span class="EnSpace"/>
								The local government must undertake a major revision to its general plan in order to accommodate the housing-related policies of a sustainable communities strategy or an alternative planning strategy adopted pursuant to Section 65080.
							</html:p>
							<html:p>The resolution and the findings shall be transmitted to the department together with a detailed budget and schedule for preparation and adoption of the required rezonings, including plans for citizen participation and expected interim action. The schedule shall provide for adoption of the required rezoning within one year of the adoption of the resolution.</html:p>
							<html:p>
								(g)
								<html:span class="EnSpace"/>
								(1)
								<html:span class="EnSpace"/>
								If a local government fails to complete the rezoning by the deadline provided in subparagraph (A) of paragraph (1) of subdivision (c), as it may be extended pursuant to subdivision (f), except as provided in paragraph (2), a local government may not disapprove a housing development project, nor require a conditional use permit, planned unit development permit, or other locally imposed discretionary permit, or impose a condition that would render the project infeasible, if the housing development project, (A) is proposed to be
						located on a site required to be rezoned pursuant to the program action required by that subparagraph and, (B) complies with applicable, objective general plan and zoning standards and criteria, including design review standards, described in the program action required by that subparagraph. Any subdivision of sites shall be subject to the Subdivision Map Act (Division 2 (commencing with Section 66410)). Design review shall not constitute a “project” for purposes of Division 13 (commencing with Section 21000) of the Public Resources Code.
							</html:p>
							<html:p>
								(2)
								<html:span class="EnSpace"/>
								A local government may disapprove a housing development described in paragraph (1) if it makes written findings supported by substantial 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>
								(3)
								<html:span class="EnSpace"/>
								The applicant or any interested person may bring an action to enforce this subdivision. If a court finds that the local agency disapproved a project or conditioned its approval in violation of this subdivision, the court shall issue
						an order or judgment compelling compliance within 60 days. The court shall retain jurisdiction to ensure that its order or judgment is carried out. If the court determines that its order or judgment has not been carried out within 60 days, the court may issue further orders to ensure that the purposes and policies of this subdivision are fulfilled. In any such action, the city, county, or city and county shall bear the burden of proof.
							</html:p>
							<html:p>
								(4)
								<html:span class="EnSpace"/>
								For purposes of this subdivision, “housing development project” means a project to construct residential units for which the project developer provides sufficient legal commitments to the appropriate local agency to ensure the continued availability and use of at least 49 percent of the housing units for very low, low-, and moderate-income households with an affordable housing cost or affordable rent, as defined in Section 50052.5 or 50053 of the Health and Safety Code, respectively, for the period required
						by the applicable financing.
							</html:p>
							<html:p>
								(h)
								<html:span class="EnSpace"/>
								An action to enforce the program actions of the housing element shall be brought pursuant to Section 1085 of the Code of Civil Procedure.
							</html:p>
							<html:p>
								(i)
								<html:span class="EnSpace"/>
								Notwithstanding any other law, the otherwise applicable timeframe set forth in paragraph (2) of subdivision (b) and subdivision (d) of Section 21080.3.1 of the Public Resources Code, and paragraph (3) of subdivision (d) of Section 21082.3 of the Public Resources Code, for a Native American tribe to respond to a lead agency and request consultation in writing is extended by 30 days for any housing development project application determined or deemed to be complete on or after March 4, 2020, and prior to December 31, 2021.
							</html:p>
							<html:p>
								(j)
								<html:span class="EnSpace"/>
								On or after January 1, 2024, at the discretion of the department, the analysis of government constraints pursuant to
						paragraph (5) of subdivision (a) may include an analysis of constraints upon the maintenance, improvement, or development of housing for persons with a characteristic identified in subdivision (b) of Section 51 of the Civil Code. The implementation of this subdivision is contingent upon an appropriation by the Legislature in the annual Budget Act or another statute for this purpose.
							</html:p>
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			<ns0:Num>SEC. 2.</ns0:Num>
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				Section 50801 of the 
				<ns0:DocName>Health and Safety Code</ns0:DocName>
				 is amended to read:
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					<ns0:Num>50801.</ns0:Num>
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						<ns0:Content>
							<html:p>As used in this chapter:</html:p>
							<html:p>
								(a) 
								<html:span class="EnSpace"/>
								“Department” means the Department of Housing and Community Development.
							</html:p>
							<html:p>
								(b) 
								<html:span class="EnSpace"/>
								“Designated local board” means a group, including social service providers and a representative of local government, that has met department requirements for distribution of grants allocated by the department pursuant to this chapter.
							</html:p>
							<html:p>
								(c) 
								<html:span class="EnSpace"/>
								“Director” means the Director of Housing and Community Development.
							</html:p>
							<html:p>
								(d) 
								<html:span class="EnSpace"/>
								“Eligible organization” means an agency of local government or a nonprofit corporation that provides,
						or contracts with community organizations to provide, emergency shelter or
						transitional housing, or both.
							</html:p>
							<html:p>
								(e) 
								<html:span class="EnSpace"/>
								“Emergency shelter” means housing with
						supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay.
							</html:p>
							<html:p>
								(f) 
								<html:span class="EnSpace"/>
								“Nonurban county” means any county with a population of less than 200,000, as published in the most recent edition of Population Estimates of California Cities and Counties, E-1, prepared by the Department of Finance, Demographic Research Unit.
							</html:p>
							<html:p>
								(g) 
								<html:span class="EnSpace"/>
								“Region” means a county or a consortium of counties voluntarily banding together by action of a designated local board.
							</html:p>
							<html:p>
								(h) 
								<html:span class="EnSpace"/>
								“Safe Haven” means supportive housing for seriously mentally ill homeless persons, many of whom have cooccurring substance
						abuse problems, that have been unable or unwilling to participate in high demand housing programs.
							</html:p>
							<html:p>
								(i) 
								<html:span class="EnSpace"/>
								“Transitional housing” means housing with supportive services for up to 24 months that is exclusively designated and targeted for recently homeless persons. Transitional housing includes self-sufficiency development services, with the ultimate goal of moving recently homeless persons to permanent housing as quickly as possible, and limits rents and service fees to an ability-to-pay formula reasonably consistent with the United States Department of Housing and Urban Development’s requirements for subsidized housing for low-income persons. Rents and service fees paid for transitional housing may be reserved, in whole or in part, to assist residents in moving to permanent housing.
							</html:p>
							<html:p>
								(j)
						
								<html:span class="EnSpace"/>
								“Urban county” means any county that is not a nonurban county.
							</html:p>
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		<ns0:BillSection id="id_78B2A02C-BAAE-4692-9AA1-E1CD7710FEB4">
			<ns0:Num>SEC. 3.</ns0:Num>
			<ns0:Content>
				<html:p>
					(a)
					<html:span class="EnSpace"/>
					Section 1.1 of this bill incorporates amendments to Section 65583 of the Government Code proposed by both this bill and Assembly Bill 610. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2026, (2) each bill amends Section 65583 of the Government Code, (3) Assembly Bill 650 is not enacted or as enacted does not amend that section, and (4) this bill is enacted after Assembly Bill 610, in which case Sections 1, 1.2, and 1.3 of this bill shall not become operative.
				</html:p>
				<html:p>
					(b)
					<html:span class="EnSpace"/>
					Section 1.2 of this bill incorporates amendments to Section 65583 of the Government Code proposed by both this bill and Assembly Bill 650. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2026, (2) each bill amends Section 65583 of the Government Code, (3) Assembly Bill 610 is not enacted or as enacted does not amend that section, and (4) this bill is enacted after Assembly Bill 650 in which case Sections 1, 1.1, and 1.3 of this bill shall not become operative.
				</html:p>
				<html:p>
					(c)
					<html:span class="EnSpace"/>
					Section 1.3 of this bill incorporates amendments to Section 65583 of the Government Code proposed by this bill, Assembly Bill 610, and Assembly Bill 650. That section of this bill shall only become operative if (1) all three bills are enacted and become effective on or before January 1, 2026, (2) all three bills amend Section 65583 of the
				Government Code, and (3) this bill is enacted after Assembly Bill 610 and Assembly Bill 650, in which case Sections 1, 1.1, and 1.2 of this bill shall not become operative.
				</html:p>
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			<ns0:Num>SEC. 4.</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>
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