BILL NUMBER: SB 303 AMENDED
BILL TEXT
AMENDED IN SENATE MARCH 22, 2007
INTRODUCED BY Senator Ducheny
FEBRUARY 16, 2007
An act to amend Sections 65301, 65582, 65583, 65583.2, and 65860
of, to add Sections 65300.1, 65583.3, 65588.2, and 65588.3 to, and to
repeal and add Section 65588 of, the Government Code, relating to
local government.
LEGISLATIVE COUNSEL'S DIGEST
SB 303, as amended, Ducheny. Local government: housing.
(1) Existing law, the Planning and Zoning Law, governs the
authority for and scope of general plans for local governments.
This bill would state the findings of the Legislature regarding
the availability and cost of housing throughout the state.
(2) Existing law requires each county and city to adopt a
comprehensive, long-term general plan for the physical development of
the county or city that addresses a number of elements, as
specified. Existing law provides that the general plan may be adopted
as a single document or as a group of documents relating to subjects
or geographic segments of the planning area.
This bill would require the general plan, and each of its elements
to encompass a planning and projection period of at least 20 years,
and would require each element, except for the housing element, to be
updated at least every 10 years. This bill would require the housing
element to be updated , as specified.
(3) Existing law, defines various terms in relation to housing
elements.
This bill would define "regional housing need" and "existing and
projected housing need" to mean the minimum amount of housing needed
over the next 10-year period.
(4) Existing law requires the housing element of a general plan to
identify and analyze various elements, and include a statement of
the community's goals, quantified objectives, and policies relative
to the maintenance, preservation, improvement, and development of
housing.
This bill would require the statement be relative to the
maintenance, preservation, improvement, and development of housing
for extremely low, very low, low- and moderate-income
households, and for any special housing needs, as specified.
Existing law provides that where the total housing needs
identified exceed available resources and the community's ability to
satisfy the need within the content of the general plan requirements,
as specified, the quantified objectives must establish the maximum
number of housing units by income category that can be constructed,
rehabilitated, and conserved over a 5-year period.
This bill would, instead, require the quantified objectives to
estimate the maximum number of housing units for specified categories
that can be constructed, rehabilitated, and conserved over a 10-year
period.
Existing law requires the housing element to include, among other
things, a program that sets forth a 5-year schedule for actions the
local government is undertaking, or intends to undertake to implement
the policies and achieve the goals and objectives of the housing
element, as specified. The program adopted must, among other
requirements, identify actions that will be taken to make sites
available during the planning period of the general plan, as
specified.
This bill would, instead, require the program to identify sites to
facilitate and encourage the development of a variety of types of
housing for all income levels, as specified, and
identify policies and incentives to promote infill development and
the efficient uses of land, and to both, remove the constraints
to, and provide reasonable accommodations for, specified housing for
persons with disabilities, as specified.
(5) Existing law requires the housing element of a general plan to
include an inventory of sites that can be developed for housing
within the planning period to accommodate that portion of a city's or
county's share of the regional housing need for all income levels,
as specified, and requires the city or county to provide an analysis
demonstrating how the adopted densities accommodate its share of the
regional housing need for lower income households or meet specified
densities to accommodate housing for lower income households.
This bill would delete the option to provide an analysis
demonstrating how the adopted densities accommodate the city's or
county's share of the regional housing need for lower income
households and would, instead, require cities and counties to meet
the specified densities to accommodate housing for lower income
households.
(6) Existing law requires the housing element of a general plan to
include an inventory of sites that can be developed for housing
within the planning period to accommodate that portion of a city's or
county's share of the regional housing need for all income levels,
as specified.
This bill would require the city council or county board of
supervisors to designate and zone sites for residential use to
accommodate the jurisdiction's 10-year housing need and make findings
regarding the designation and zoning, as specified. The bill would
also require the city or county to approve projects that are
consistent with the designation and zoning on these sites, as
specified. The bill would also require that if the local
government has not satisfied these requirements, the development of
affordable housing projects, as defined, on sites
identified pursuant to the inventory of land suitable for residential
development to allow a specified minimum number of units per acre
shall be by "use by right" as that term is defined in these
provisions. By imposing additional duties upon local officials,
this bill would create a state-mandated local program.
(7) Existing law requires each local government to review its
housing elements as frequently as appropriate to evaluate a number of
factors, as specified.
This bill would revise the factors that each local government is
required to evaluate in its review of the housing element and would
require the housing element to be updated every 5 years. The bill
would also specify the date, not yet determined, that specific groups
of local governments are required to update the housing elements,
notwithstanding the 5-year requirement.
The bill would also provide that the deadlines specified for the
amendment of the housing element are mandatory and these
modifications are not intended to affect existing law with respect to
the planning, use, or development of areas outside the sites
designated and zoned for residential use to accommodate the
jurisdiction's 10-year housing need.
(8) Existing law requires county and city ordinances to be
consistent with the general plan. For a zoning ordinance to be
considered consistent with a general plan officially adopted by a
county or city, the various land uses authorized by the ordinance
must be compatible with the objectives, policies, general land uses
and programs specified in the general plan. Existing law also
authorizes a resident or property owner within a city or county to
bring an action or proceeding to enforce compliance with these
provisions within 90 days of the enactment of any new zoning
ordinance or the amendment of an existing ordinance. Existing law
also applies these provisions to specified charter cities.
This bill would require the county or city zoning ordinances to be
consistent with the general plan of the county or city by the date
of the next housing element update, and thereafter. The bill would
revise the factors required for a zoning ordinance to be considered
consistent with a general plan to include a requirement for
residential uses that the zoning ordinance allows development at the
density range specified in the general plan without the need for any
additional land use approval that is legislative or quasi-legislative
in nature.
The bill would authorize a property owner to bring an action to
require that the zoning on its property be made consistent with the
general plan without regard to when the zoning ordinance was adopted
or amended. The bill would also entitle a prevailing petitioner who
brought an action to enforce these provisions to reasonable attorney'
s fees.
This bill would also declare that these provisions have statewide
implications and would apply these provisions to a charter city,
charter county, and a charter city and county as well as general law
cities and counties.
(9) This bill would make certain declarations concerning the Court
of Appeal decision in Mira Development Corporation of San Diego v.
City of San Diego (1988) 205 Cal.App.3d 1201.
(10) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 65300.1 is added to the Government Code, to
read:
65300.1. The Legislature finds and declares all of the following:
(a) The lack of housing is a critical problem that threatens the
economic prosperity, environment, and quality of life of California
families.
(b) The supply and cost of housing throughout the state is
inextricably linked to the quantity of suitable and available land
designation and zoned to allow residential development, and for that
reason, designating and zoning land for housing is a matter of
statewide concern.
(c) Local governments shall utilize their land use authority in a
manner that accommodates housing needs while meeting the objectives
for comprehensive planning set forth in Section 65300.
SEC. 2. Section 65301 of the Government Code is
amended to read:
65301. (a) The general plan shall be so prepared that all or
individual elements of it may be adopted by the legislative body, and
so that it may be adopted by the legislative body for all or part of
the territory of the county or city and such other territory outside
its boundaries which in its judgment bears relation to its planning.
The general plan may be adopted in any format deemed appropriate or
convenient by the legislative body, including the combining of
elements. The legislative body may adopt all or part of a plan of
another public agency in satisfaction of all or part of the
requirements of Section 65302 if the plan of the other public agency
is sufficiently detailed and its contents are appropriate, as
determined by the legislative body, for the adopting city or county.
(b) The general plan may be adopted as a single document or as a
group of documents relating to subjects or geographic segments of the
planning area. The general plan, and each of its elements shall
encompass a planning and projection period of not less than 20 years.
Each element shall be updated as necessary not less than every 10
years, except for the housing element, which shall be updated as
provided in Article 10.6 (commencing with Section 65580).
(c) The general plan shall address each of the elements specified
in Section 65302 to the extent that the subject of the element exists
in the planning area. The degree of specificity and level of detail
of the discussion of each such element shall reflect local conditions
and circumstances. However, this section shall not affect the
requirements of subdivision (c) of Section 65302, nor be construed to
expand or limit the authority of the Department of Housing and
Community Development to review housing elements pursuant to Section
50459 of the Health and Safety Code.
The requirements of this section shall apply to charter cities.
SEC. 2. Section 65301 of the Government Code is amended to read:
65301. (a) The general plan shall be so prepared that all or
individual elements of it may be adopted by the legislative body, and
so that it may be adopted by the legislative body for all or part of
the territory of the county or city and any other territory outside
its boundaries that in its judgment bears relation to its planning.
The general plan may be adopted in any format deemed appropriate or
convenient by the legislative body, including the combining of
elements. The legislative body may adopt all or part of a plan of
another public agency in satisfaction of all or part of the
requirements of Section 65302 if the plan of the other public agency
is sufficiently detailed and its contents are appropriate, as
determined by the legislative body, for the adopting city or county.
(b) The general plan may be adopted as a single document or as a
group of documents relating to subjects or geographic segments of the
planning area. The general plan, and each of its elements shall
encompass a planning and projection period of not less than 20
years. Each element shall be updated as necessary not less than every
10 years, except for the housing element, which shall be updated as
provided in Article 10.6 (commencing with Section 65580).
(c) The general plan shall address each of the elements specified
in Section 65302 to the extent that the subject of the element exists
in the planning area. The degree of specificity and level of detail
of the discussion of each element shall reflect local conditions and
circumstances. However, this section shall not affect the
requirements of subdivision (c) of Section 65302, nor be construed to
expand or limit the authority of the Department of Housing and
Community Development to review housing elements pursuant to Section
65585 of this code or Section 50459 of the Health
and Safety Code.
The
(d) The requirements of this
section shall apply to charter cities.
SEC. 3. Section 65582 of the Government Code is amended to read:
65582. As used in this article:
(a) "Community," "locality," "local government," or "jurisdiction"
means a city, city and county, or county.
(b) "Council of governments" means a single or multicounty council
created by a joint powers agreement pursuant to Chapter 5
(commencing with Section 6500) of Division 1 of Title 1.
(c) "Department" means the Department of Housing and Community
Development.
(d) "Housing element" or "element" means the housing element of
the community's general plan, as required pursuant to this article
and subdivision (c) of Section 65302.
(e) "Regional housing need" and "existing and projected housing
need" mean the minimum amount of housing needed over the next 10-year
period.
SEC. 4. Section 65583 of the Government Code is amended to read:
65583. 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, and
mobilehomes, and shall make adequate provision for the existing and
projected needs of all economic segments of the community. The
element shall contain all of the following:
(a) An assessment of housing needs and an inventory of resources
and constraints relevant to the meeting of these needs. The
assessment and inventory shall include all of the following:
(1) 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, including
extremely low income households, as defined in subdivision (b) of
Section 50105 and Section 50106 of the Health and Safety Code. These
existing and projected needs shall include the locality's share of
the regional housing need in accordance with Section 65584. Local
agencies shall calculate the subset of very low income households
allotted under Section 65584 that qualify as extremely low income
households. The local agency may either use available census data to
calculate the percentage of very low income households that qualify
as extremely low income households or presume that 50 percent of the
very low income households qualify as extremely low income
households. The number of extremely low income households and very
low income households shall equal the jurisdiction's allocation of
very low income households pursuant to Section 65584.
(2) An analysis and documentation of household characteristics,
including level of payment compared to ability to pay, housing
characteristics, including overcrowding, and housing stock condition.
(3) An inventory of land suitable for residential development,
including vacant sites and sites having potential for redevelopment,
and an analysis of the relationship of zoning and public facilities
and services to these sites , consistent with the requirements
of Section 65583.2 .
(4) 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 (6), including land
use controls, building codes and their enforcement, site
improvements, fees and other exactions required of developers, and
local processing and permit procedures. 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 identified pursuant to
paragraph (6).
(5) 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, and the cost of construction.
(6) An analysis of any special housing needs, such as those of the
elderly, persons with disabilities, large families, farmworkers,
families with female heads of households, and families and persons in
need of emergency shelter.
(7) An analysis of opportunities for energy conservation with
respect to residential development.
(8) 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.
(A) 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.
(B) 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.
(C) The analysis shall identify public and private nonprofit
corporations known to the local government which have legal and
managerial capacity to acquire and manage these housing developments.
(D) The analysis shall identify and consider the use of all
federal, state, and local financing and subsidy programs which 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 which have not been
legally obligated for other purposes and which could be available for
use in preserving assisted housing developments.
(b) (1) A statement of the community's goals, quantified
objectives, and policies relative to the maintenance, preservation,
improvement, and development of housing for extremely low,
very low, low- and moderate-income households, and for any special
housing needs identified in paragraph (6) of subdivision (a).
(2) 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 estimate the maximum number of housing units for
extremely low, very low, low- and moderate-income categories, that
can be constructed, rehabilitated, and conserved over a ten-year time
period.
(c) A program that sets forth a five-year schedule of actions 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, provision of regulatory concessions and incentives, and 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:
(1) (A) Identify sites , as needed, to facilitate and
encourage the development of a variety of types of housing for all
income levels, including multifamily rental housing, factory-built
housing, manufactured homes, housing for agricultural employees,
supportive housing, single-room occupancy units, emergency
shelters, and transitional housing.
(B) Identify policies and incentives to promote infill development
and the efficient use of land, including, but not limited to,
expedited permit processing, modified development standards, and fee
waivers.
(C) 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.
(2) Assist in the development of adequate housing to meet the
needs of extremely low, very low, low-, and moderate-income
households.
(3) Address and, where appropriate and legally possible, remove
governmental 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, or and provide
reasonable accommodations for housing designed for, intended for
occupancy by, or with supportive services for, persons with
disabilities.
(4) 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.
(5) Promote housing opportunities for all persons regardless of
race, religion, sex, marital status, ancestry, national origin,
color, familial status, or disability.
(6) Preserve for lower income households the assisted housing
developments identified pursuant to paragraph (8) 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 (8)
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.
(7) The program shall 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. The local government
shall make a diligent effort 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.
(d) 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:
(1) A housing element or housing element amendment prepared
pursuant to subdivision (e) of Section 65588 or Section 65584.02,
where a city, county, or city and county submits a first draft to the
department for review pursuant to Section 65585 more than 90 days
after the effective date of the amendment to this section.
(2) Any housing element or housing element amendment prepared
pursuant to subdivision (e) of Section 65588 or Section 65584.02,
where 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.
SEC. 5. Section 65583.2 of the Government Code is amended to read:
65583.2. (a) A city's or county's inventory of land suitable for
residential development pursuant to paragraph (3) of subdivision (a)
of Section 65583 shall be used to identify sites that can be
developed for housing within the planning period and that are
sufficient to provide for the jurisdiction's entire share
of the regional housing need for all income levels pursuant to
Section 65584 and to comply with the requirements of Section
65584.09 . As used in this section, "land suitable for
residential development" includes all of the following:
(1) Vacant sites zoned for residential use.
(2) Vacant sites zoned for nonresidential use that allows
residential development.
(3) Residentially zoned sites that are capable of being developed
at a higher density.
(4) Sites zoned for nonresidential use that can be redeveloped
for, and as necessary, rezoned for, residential use.
(b) The inventory of land shall include all of the following:
(1) A listing of properties by parcel number or other unique
reference.
(2) The size of each property listed pursuant to paragraph (1),
and the general plan designation and zoning of each property.
(3) For nonvacant sites, a description of the existing use of each
property.
(4) A general description of any environmental constraints to the
development of housing within the jurisdiction, the documentation for
which has been made available to the jurisdiction. This information
need not be identified on a site-specific basis.
(5) A general description of existing or planned water, sewer, and
other dry utilities supply, including the availability and access to
distribution facilities. This information need not be identified on
a site-specific basis.
(6) Sites identified as available for housing for above-moderate
income households in areas not served by public sewer systems. This
information need not be identified on a site-specific basis.
(7) A map that shows the location of the sites included in the
inventory, such as the land use map from the jurisdiction's general
plan for reference purposes only.
(c) Based on the information provided in subdivision (b), a city
or county shall determine whether each site in the inventory can
accommodate some portion of its share of the regional housing need by
income level during the planning period, as determined pursuant to
Section 65584. The analysis shall determine whether the inventory can
provide for a variety of types of housing, including multifamily
rental housing, factory-built housing, mobilehomes, housing for
agricultural employees, emergency shelters, and transitional housing.
The city or county shall determine the number of housing units that
can be accommodated on each site as follows:
(1) If local law or regulations require the development of a site
at a minimum density, the department shall accept the planning agency'
s calculation of the total housing unit capacity on that site based
on the established minimum density. If the city or county does not
adopt a law or regulations requiring the development of a site at a
minimum density, then it shall demonstrate how the number of units
determined for that site pursuant to this subdivision will be
accommodated.
(2) The number of units calculated pursuant to paragraph (1) shall
be adjusted as necessary, based on the land use controls and site
improvements requirement identified in paragraph (4) of subdivision
(a) of Section 65583.
(3) The following densities shall be deemed appropriate to
accommodate housing for lower income households:
(3) Sites identified to accommodate housing for lower income
households shall allow densities consistent with the following:
(A) For incorporated cities within nonmetropolitan counties and
for nonmetropolitan counties that have micropolitan areas: sites
allowing at least 15 units per acre.
(B) For unincorporated areas in all nonmetropolitan counties not
included in subparagraph (A): sites allowing at least 10 units per
acre.
(C) For suburban jurisdictions: sites allowing at least 20 units
per acre.
(D) For jurisdictions in metropolitan counties: sites allowing at
least 30 units per acre.
(d) For purposes of this section, metropolitan counties,
nonmetropolitan counties, and nonmetropolitan counties with
micropolitan areas are as determined by the United States Census
Bureau. Nonmetropolitan counties with micropolitan areas include the
following counties: Del Norte, Humboldt, Lake Mendocino, Nevada,
Tehama, and Tuolumne and such other counties as may be determined by
the United States Census Bureau to be nonmetropolitan counties with
micropolitan areas in the future.
(e) A jurisdiction is considered suburban if the jurisdiction does
not meet the requirements of subparagraphs (A) and (B) of paragraph
(3) of subdivision (c) and is located in a Metropolitan Statistical
Area (MSA) of less than 2,000,000 in population, unless that
jurisdiction's population is greater than 100,000, in which case it
is considered metropolitan. Counties, not including the City and
County of San Francisco, will be considered suburban unless they are
in a MSA of 2,000,000 or greater in population in which case they are
considered metropolitan.
(f) A jurisdiction is considered metropolitan if the jurisdiction
does not meet the requirements for "suburban area" above and is
located in a MSA of 2,000,000 or greater in population, unless that
jurisdiction's population is less than 25,000 in which case it is
considered suburban.
(g) For sites described in paragraph (3) of subdivision (b), the
city or county shall specify the additional development potential for
each site within the planning period and shall provide an
explanation of the methodology used to determine the development
potential. The methodology shall consider factors including the
extent to which existing uses may constitute an impediment to
additional residential development, development trends, market
conditions, and regulatory or other incentives or standards to
encourage additional residential development on these sites.
(h) For purposes of this section and Section 65583, the phrase
"use by right" shall mean that the local government's review of the
owner-occupied or multifamily residential use may not require a
conditional use permit, planned unit development permit, or other
discretionary local government review or approval that would
constitute a "project" for purposes of Division 13 (commencing with
Section 21000) of the Public Resources Code. Any subdivision of the
sites shall be subject to all laws, including, but not limited to,
the local government ordinance implementing the Subdivision Map Act.
A local ordinance may provide that "use by right" does not exempt the
use from design review. However, that design review shall not
constitute a "project" for purposes of Division 13 (commencing with
Section 21000) of the Public Resources Code. Use by right for all
rental multifamily residential housing shall be provided in
accordance with subdivision (f) of Section 65589.5.
SEC. 6. Section 65583.3 is added to the Government Code, to read:
65583.3. (a) The city council or board of supervisors shall
designate and zone sites for residential use to accommodate the
jurisdiction's 10-year housing need from the sites identified
pursuant to subdivision (a) of Section 65583.2. The designation and
zoning shall be adopted and in effect on the same date the housing
element is required to be updated. The local government's obligation
to designate and zone sites to accommodate its share of the region's
10-year housing need for lower income households shall be satisfied
by zoning sites to allow the specified minimum number of units per
acre, as identified in subparagraphs (A) to (D), inclusive, of
paragraph (3) of subdivision (c) of Section 65583.2. The local
government shall prepare, or cause to be prepared, an environmental
impact report in connection with the designation and zoning required
by this subdivision. The environmental impact report shall address
potentially significant cumulative impacts, growth inducing impacts,
off-site impacts, and alternative sites.
(b) The city council or board of supervisors shall make a finding,
supported by substantial evidence in the record, that each site
designated and zoned pursuant to subdivision (a) will realistically
accommodate construction of the maximum number of units allowed by
the density range applicable to the site. The finding shall be based
on a showing that the site is appropriate in size, configuration,
physical characteristics, current use, physical and environmental
constraints, access, location, adjacent use, market demand for the
density and type of housing, current or planned availability of
infrastructure and services, and other relevant
planning criteria.
(c) Any approval sought in connection with a project that is
consistent with the designation and zoning on a site designated and
zoned pursuant to subdivision (a) shall be subject to the Permit
Streamlining Act (Chapter 4.5 (commencing with Section 65920)).
(d) Any approval sought in connection with a project that is
consistent with the designation and zoning on a site designated and
zoned pursuant to subdivision (a) may not be denied or conditioned on
reducing the residential project's density below that proposed by
the applicant unless by four-fifths vote, the city council or board
of supervisors makes written findings pursuant to subdivision (j) of
Section 65589.5. For purposes of this section, an abstention shall
not count as an affirmative vote for purposes of satisfying the
four-fifths vote requirement. This provision shall not create any
inference regarding the effect of an abstention under existing law in
other situations.
(e) When a complete application has been submitted to develop a
project on a site designated and zoned pursuant to subdivision (a),
and the project is consistent with the designation and zoning, the
designation and zoning applicable to the site may not be changed
without the consent of the project applicant except by four-fifths
vote of the city council or board of supervisors after making written
findings pursuant to subdivision (j) of Section 65589.5.
(f) If a court finds that a local government has failed to comply
with the requirements of subdivision (a) or (b), the court shall
retain jurisdiction of the action and issue an order to the local
government requiring compliance within 120 days or a lesser period if
the court determines that a lesser period is appropriate , and
shall award reasonable attorney's fees to the plaintiff or
petitioner. Nothing in this section shall be construed as limiting
any other remedy that may exist for a violation of this article,
including attorney's fees under Section 1021.5 of the Code of Civil
Procedure . The order shall also provide that
development of affordable housing projects on sites zoned to fulfill
the requirement to allow a specified minimum number of units per
acre, as specified in subdivision (d) of Section 65583.2, shall be to
use by right as defined in subdivision (h) of Section 65583.2. For
purposes of this section, "affordable housing project" means housing
affordable to persons and families whose income does not exceed the
qualifying limits for lower income households as established in
Section 50079.5 of the Health and Safety Code.
(g) If the plaintiff or petitioner is the prevailing party, that
party shall be awarded reasonable attorney's fees.
SEC. 7. Section 65588 of the Government Code is repealed.
SEC. 8. Section 65588 is added to the Government Code, to read:
65588. (a) Each local government shall review its housing element
as frequently as appropriate to evaluate all of the following:
(1) The effectiveness of the element including a review of the
results of goals, objectives, policies, and programs from the prior
planning period and an analysis of any difference between what was
planned from the prior planning period and what was actually
achieved.
(2) The appropriateness of the goals, objectives, policies, and
programs of the updated element based on the analysis of the review
of the results of the prior planning period. The goals, objectives,
policies, and programs of the element should be revised to reflect
the results of this review.
(b) The housing element shall be updated every five years. As part
of the five-year update, the city council or board of supervisors
shall make any necessary amendments to ensure that there are sites
designated and zoned pursuant to Section 65583.3 to accommodate the
jurisdiction's housing need for the next 10-year period , as
determined pursuant to Section 65584 .
(c) Notwithstanding subdivision (b) or the date of adoption of the
housing element previously in existence, the date of the
next update for the housing element shall be modified as follows:
each local government shall revise its housing element
according to the following schedule:
(1) Local governments within the regional jurisdiction of the
Southern California Association of Governments: ____.
(2) Local governments within the regional jurisdiction of the
Association of Bay Area Governments: ____.
(3) Local governments within the regional jurisdiction of the
Council of Fresno County Governments, the Kern County Council of
Governments, and the Sacramento Area Council of Governments: ____.
(4) Local governments within the regional jurisdiction of the
Association of Monterey Bay Area Governments: ____.
(5) Local governments within the regional jurisdiction of the San
Diego Association of Governments: ____.
(6) All other local governments: ____.
SEC. 9. Section 65588.2 is added to the Government Code, to read:
65588.2. All deadlines specified in this article are mandatory,
not directory. If a local government has not satisfied the
requirements of subdivisions (a) and (b) of Section 65583.3 with
respect to sites for extremely low, very low, and low-income
households by the required date specified in subdivision (a) of
Section 65583.3, development of affordable housing projects on sites
that are or will be zoned to fulfill the requirement to allow a
specified minimum number of units per acre, as specified in
subdivision (d) of Section 65583.2, shall be by right as defined in
subdivision (h) of Section 65583.2. The zonin g and
development standards for these sites shall permit at least 16 units
per site at a density of at least 16 units per acre in jurisdictions
described in subparagraphs (A) and (B) of paragraph (3) of
subdivision (c) and at least 20 units per acre in jurisdictions
described in subparagraphs (C) and (D) of paragraph (3) of
subdivision (c) of Section 65583.2. At least 50 percent of the
extremely low, very low and low-income housing need shall be
accommodated on sites designated for residential use and for which
nonresidential uses or mixed-uses are not permitted. For purposes of
this section, "affordable housing project" means owner-occupied or
rental housing affordable to extremely low, very low, or low-income
households.
SEC. 10. Section 65588.3 is added to the Government Code, to read:
65588.3. Nothing in this article shall be interpreted to affect
existing law with respect to the planning, use, or development of
areas outside the sites designated and zoned pursuant to subdivision
(a) of Section 65583.3 or to establish any presumption regarding the
appropriate designation or use of those areas.
SEC. 11. Section 65860 of the Government Code is amended to read:
65860. (a) County or city zoning ordinances shall be consistent
with the general plan of the county or city by the date of the next
housing element update, and thereafter. This deadline is mandatory,
not directory. A zoning ordinance shall be consistent with a city or
county general plan only if all of the following conditions are met:
(1) The city or county has officially adopted such a plan.
(2) The various land uses authorized by the ordinance are
compatible with the objectives, policies, general land uses, and
programs specified in the plan.
(3) In the case of residential uses, the zoning allows development
at the density range specified in the general plan without the need
for any additional land use approval that is legislative or
quasi-legislative in nature.
(b) Any resident or property owner within a city or a county, as
the case may be, may bring an action or proceeding in the superior
court to enforce compliance with subdivision (a). Any action or
proceeding brought pursuant to this section shall be governed by
Chapter 2 (commencing with Section 1084) of Title 1 of Part 3 of the
Code of Civil Procedure. No action or proceeding shall be maintained
pursuant to this section by any person unless the action or
proceeding is commenced and service is made on the legislative body
within 90 days of the enactment of any new zoning ordinance or the
amendment of any existing zoning ordinance, except that a property
owner may, at any time, bring an action to require that the zoning on
its property be made consistent with the general plan. The
petitioner in an action brought to enforce compliance with
subdivision (a) shall be entitled to reasonable attorney's fees if
the petitioner is the prevailing party.
(c) In the event that a zoning ordinance becomes inconsistent with
a general plan by reason of amendment to the plan, or to any element
of the plan, the zoning ordinance shall be amended within a
reasonable time so that it is consistent with the general plan as
amended.
(d) Notwithstanding Section 65803, this section has statewide
implications and thereby shall apply to a charter city, charter
county, and charter city and county as well as general law cities and
counties.
SEC. 12. In connection with enacting the health or safety findings
requirements of Article 10.6 (commencing with Section 65580) of
Chapter 3 of Division 1 of Title 7 of the Government Code, the
Legislature finds and declares that the Court of Appeal opinion in
Mira Development Corporation of San Diego v. City of San Diego (1988)
205 Cal.App.3d 1201, is inconsistent with the Legislature's intent
that (a) the phrase "health or safety" be construed narrowly and (b)
that substantial evidence in support of a health or safety finding be
of ponderable legal significance, reasonable in nature, credible,
and of solid value in light of all of the evidence in the record.
SEC. 13. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because a
local agency or school district has the authority to levy service
charges, fees, or assessments sufficient to pay for the program or
level of service mandated by this act, within the meaning of Section
17556 of the Government Code.