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SB375 (greenhouse gas emission
targets)
pdf Page 29 SEC. 11. Section 65587 of the Government Code is amended
to read:
65587.
- (a) Each city, county, or city and county shall bring
its housing element, as required by
subdivision (c) of Section 65302, into conformity with the requirements of
this article on or before October 1, 1981, and the deadlines set by
Section 65588. Except as specifically provided in subdivision (b) of
Section 65361, the Director of Planning and Research shall not grant an
extension of time from these requirements.
- (b) Any action brought by any interested party
to review the conformity with the provisions of this article of any
housing element or portion thereof or revision thereto
shall be brought pursuant to Section 1085 of the Code of Civil Procedure;
the court’s review of compliance with the provisions of this article shall
extend to whether the housing element or portion thereof or revision
thereto substantially complies with the requirements of this article.
- (c) If a court finds that an action of a city,
county, or city and county,
which is required to be consistent with its general plan, does not comply
with its housing element, the city, county, or city and county
shall bring its action into compliance within 60 days. However, the court
shall retain jurisdiction throughout the period for compliance to enforce
its decision.
Upon the court’s determination that the 60-day period for
compliance would place an undue hardship on the city, county, or city and
county, the court may extend the time period for compliance by an
additional 60 days.
- (d)
- (1) If a court finds that a city, county, or city and county
failed to
complete the rezoning required by
subparagraph (A) of paragraph (1) of subdivision (c) of Section 65583, as that deadline may be modified by the extension provided for
in subdivision (f) of that section, the court shall issue an order or
judgment, after considering the equities of the circumstances presented
by all parties, compelling the local
government to complete the rezoning within 60 days
or the earliest time consistent with public hearing notice requirements
in existence at the time the action was filed. The court shall
retain jurisdiction to ensure that its order or judgment is carried out.
If the court determines that its order or judgment is not
carried out, the court shall issue further orders to ensure that the
purposes and policies of this article are fulfilled, including ordering,
after considering the equities of the circumstances presented by all
parties, that any rezoning required by
subparagraph (A) of paragraph (1) of subdivision (c) of Section 65583
be completed within 60 days or the earliest time consistent with
public hearing notice requirements in existence at the time the action
was filed and may impose sanctions on the city, county, or city and
county.
- (2) Any interested person may bring an action
to compel compliance with the deadlines and requirements of
paragraphs (1), (2), and (3) of subdivision (c) of
Section 65583. The action shall be brought
pursuant to Section 1085 of the Code of Civil Procedure. An action may
be brought pursuant to the notice and accrual provisions of subdivision
(d) of Section 65009.
In any such action, the city, county, or city
and county shall bear the burden of proof.
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V
SEC. 7. 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,
mobilehomes, and emergency shelters, 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.
- (4)
- (A) The identification of a zone
or zones where emergency shelters are allowed as a permitted use
without a conditional use or other discretionary permit. The
identified zone or zones shall include sufficient
capacity to accommodate the need for emergency shelter identified in
paragraph (7), except that each local government shall identify a zone
or zones that can accommodate at least one year-round emergency
shelter. If the local government cannot identify a zone or zones 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 zones 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 are objective and
encourage and facilitate the development of, or conversion to,
emergency shelters. Emergency shelters may only be subject to those
development and
management standards that apply to residential or commercial
development within the same zone except that a local government may
apply written,
objective standards that include all of the following:
- (i) The maximum number of beds or
persons permitted to be served nightly by the facility.
- (ii) Off-street parking based
upon demonstrated need, provided that the standards do not require
more parking for emergency shelters than for other
residential or commercial uses within the same zone.
- (iii) The size and location of
exterior and interior onsite waiting and client intake areas.
- (iv) The provision of onsite
management.
- (v) The proximity to other
emergency shelters, provided that emergency shelters are not
required to be more than 300 feet apart.
- (vi) The length of stay.
- (vii) Lighting.
- (viii) Security during hours that
the emergency shelter is in operation.
- (B) 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).
- (C) 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 for emergency shelter identified
in paragraph (7) may comply with the zoning requirements of
subparagraph (A) by identifying a zone or zones where new emergency
shelters are allowed with a conditional use permit.
- (D) A local government with an
existing ordinance or ordinances that
comply with this paragraph shall not be required to take additional
action to identify zones for emergency shelters. The housing element
must only describe how existing ordinances, policies, and standards
are consistent with the requirements of this paragraph.
- (5) 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, 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, supportive housing, transitional housing,
and emergency shelters identified pursuant to paragraph (7).
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.
- (6) 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.
- (7) 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.
The need for emergency shelter shall be assessed based on annual and
seasonal need. 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.
- (8) An analysis of opportunities for
energy conservation with respect to
residential development.
- (9) 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.
- (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 establish the maximum
number of housing units by income category, including extremely low
income, that can be constructed, rehabilitated, and conserved over a
five-year time period.
- (c) A program which
sets forth a schedule of actions during the planning
period, each with a timeline for implementation, which 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, 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) Identify
actions that will be taken to make sites available during the
planning period of the general plan 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 each income level 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 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.
- (A) 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, rezoning of those sites,
including adoption of minimum density
and development standards, for jurisdictions with an
eight-year housing element planning period pursuant to Section 65588,
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
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, shall
be completed no later than three years and 120 days from the statutory
deadline in Section 65588 for adoption of the housing element.
- (B) 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 subdivision (b) of Section
65583.2.
- (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, 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 (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.
- (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)
- (1) 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.
- (2) The agreement shall allocate a
portion of the new shelter capacity to
each jurisdiction as credit towards its emergency shelter need, and each
jurisdiction shall describe how the capacity was allocated as part of
its
housing element.
- (3) Each member jurisdiction of
a multijurisdictional agreement shall
describe in its housing element all of the following:
- (A) How the joint facility
will meet the jurisdiction’s emergency shelter need.
- (B) The jurisdiction’s
contribution to the facility for both the development and ongoing
operation and management of the facility.
- (C) The amount and source of
the funding that the jurisdiction contributes to the facility.
- (4) The aggregate capacity
claimed by the participating jurisdictions in
their housing elements shall not exceed the actual capacity of the
shelter.
- (e) 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, 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.
- (2) 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.
- (f) 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 sites for low- and
very
low 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 exist:
- (1) 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.
- (2) The local government is
unable to complete the rezoning because of
infrastructure deficiencies due to fiscal or regulatory constraints.
- (3) 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.
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.
- (g)
- (1) 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. Design review shall not constitute a
“project” for purposes of Division 13 (commencing with Section 21000) of
the Public Resources Code.
- (2) 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:
- (A) The housing development
project would have a specific, adverse
impact upon the public health or safety unless the project is
disapproved or approved upon the condition that the project be
developed at a lower density.
As used in this paragraph, a “specific, adverse impact” means a
significant, quantifiable, direct, and unavoidable impact, based on
objective, identified written public health or safety standards,
policies, or conditions as they existed on the date the application
was deemed complete.
(B) There is no feasible method to satisfactorily mitigate or avoid
the
adverse impact identified pursuant to paragraph (1), other than the
disapproval of the housing development project or the approval of the
project upon the condition that it be developed at a lower density.
- (3) 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.
- (4)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.
(h) An action to enforce the program actions
of the housing element shall be brought pursuant to Section 1085 of
the Code of Civil Procedure.
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