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HomeMy WebLinkAbout03 SUPPLEMENTAL SB 50 ITEM #3 SUPPLEMENTAL INFORMATION SENATE BILL 50 (SB 50) TUSTI N Z a Memo - DATE: MAY 14, 2019 TO: PLANNING COMMISSION HISTORY BUILDING,OUR FUTURE FROM: COMMUNITY DEVELOPMENT DEPARTMENT HONORING OUR PAST SUBJECT: SUPPLEMENTAL INFORMATION- ITEM #3 SENATE BILL 50 (SB 50) Since the Agenda Report on SB 50 was prepared, the bill has been amended twice (Attachment A). The timeline of changes to the bill are as follows- April ollows:A ril 25,..2019- SB 50 merged with SB 4, which was Senator Mike McGuire's affordable housing bill. The update to SB 50 would authorize up to four-unit developments on parcels zoned for single-family residential units, which would include conversion of an existing structure that does not require substantial exterior alteration into a multifamily structure. SB 50 would allow multi-family housing construction in areas traditionally zoned for single-family housing. May 1, 2019: The latest update to SB 50 would create a population metric that would spare counties with a population equal to or less than 600,000 from certain provisions. SB 50 applicability to counties with a population over 600,000: • All cities must grant the following "equitable community incentive" to a jobs- rich or transit-rich housing project: o No cap on density. o 0.5 parking spots per unit. o Within '/z mile of a major transit stop- height up to 45 feet, floor area ratio of 2.5, and no parking requirements. o Within 1/4 mile of a major transit stop- height up to 55 feet, floor are ratio of 3.25, and no parking requirements. « Inclusionary housing requirements apply. • Density bonus available. On May 7, 2019, at the Tustin City Council meeting, the City Council directed staff to draft an opposition letter to take an "oppose unless amended" position. The subject letter has been drafted at the City Council's direction and is attached to this report for review. Attachments: A) SB 50 Flowchart B) Draft City of Tustin Oppose Unless Amended Letter C) League of California Cities Oppose unless Amended Letter 5/8/2019 D) Senate Bill 50 (Wiener) —as last amended 5/1/2019 1 HZ CA WBIA RRI/2 RRIA large counties- SB-50 ounties: L B-50 Hazardous Areas California Jobs Rich or Half Mile from Quarter Population over 600,000 Alameda,Contra Cosla Fresno,Kern, Standard Major Bus Stop Rail/Ferry Los Angeles,Orange,Riverside. Very High Fire1FaflNA REPUBLIC Hazard Areas, Residential Zone High opportunity Sacramento,Son Bernardino, areas and areas San Diego,Son Francisca,San"' "in, Floodplains,and Fourplexes Son Mateo Santa Clara Ventura as of May 1,2019 Coastal Zone in allowed in most l/4 mile from stop. small cities. zones statewide. malar bus stop. ,.. g B o r -- - s f , . Small counties:all others. CC-BY-4.0 Alfred Twu a a o m moil�c�firstcultural.tom PIT $ a-o a ' m ° a ° m ' i Me I'111 11 � - High resolution PilFat _ e t tinyurl.comisb50zones No Change to Zoning. Up to 4 homes per lot. No change to height or 45'Height and any 55'Height and any Existing height and yard yard requirements,but number of homes allowed. number of homes allowed. Affordable Housing requirements still apply. any number of In small counties,height limit near rail/ferry is raised homes allowed Projects with 11 or more units Limited additions allowed by 1 story 115 feel above existing zoning in cities with required to provide affordable population greater than 50,000. housing or fee and con et on lots with existing houses. Not Applicable in 9 pay , 9 small counties. a density bonus increasing {00StaI zones excluded • ,I 4 °c' r t `-J" number of homes by up to 35%. only in cities with population under 50,000. ' � •' "�+ / ,' o 10 V IY et ,e n o 1 ©le I 4 11 09 s — — °' • r. "; r oC No parking required in large counties or cities , r with over 100,000 people. o jp 0.5 carsthome elsewhere. 4.- No demolition of existing No demolitions allowed. Maximum ° �. ental housing al a ° 15%increase in square feet for ng allowed. conversions of existing houses. - J ac°` No parking required in large counties. Buildings constructed on 0.5 cors/home elsewhere. vacant land may be any size No demolition of existing Major Bus Stop 4r: rental housing allowed. Rush hour bus fre frequency of at al,+e' allowed by existing zoning, q y a , u4 least 1 bus every 10 minutes; �� ° e c 10• , ,. Parking requirements reduced to r,-) 20-30 minutes at other times. ,. pg no more than 0.5 cars per home. ., \ L No demolition of historic buildings. No change to zoning in historic districts in NRNon- +" Low Income 5-year community process to Hlstorlt small counties or to contributing parcels Residential No change to zoning, Sensitive Community determine zoning changes. in districts seated in 2010 or earlier. 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SUBJECT: SB 50 (Wiener) Notice of Opposition Unless Amended Dear Senator Wiener: The City of Tustin (City)agrees that there is a problem of not enough housing being produced across the state. Tustin, in contrast to other cities across the state, has been a leader in approving and in many cases developing housing projects that cover a broad spectrum of lifestyles, income levels and family sizes. Tustin has also been a leader in developing solutions to homelessness and affordable housing with projects related to emergency homeless housing,permanent supportive housing as well as affordable rental and ownership units. The City, however, regrets to inform you of its opposition to SB 50 unless amended to address the concerns outlined below. SB 50, as currently drafted, does not consider cities like Tustin that continue to produce new and attainable housing units that are desperately needed.This bill generally undermines the City's ability to perform one of its basic functions:generate and enforce local zoning regulations. The City has significant concerns with the following: Defining"Jobs Rich Area" Boundaries The City is particularly concerned about the lack of information on exactly what constitutes a "jobs rich area." SB 50 describes these as areas with high median incomes, high quality public schools and relatively close to employment centers.A large majority of the City may fall into some or all of these categories,but without exact metrics it is difficult to understand where the provisions of SB 50 may be applicable. Unlimited Density The City remains concerned about the ability for unlimited density in Jobs Rich Areas and Transit Rich Areas. The City is not opposed to denser projects in these areas, however allowing unlimited density can and will drastically change the look and feel of communities that fall within these areas. Parking Requirements SB 50 proposes that the City cannot require parking for projects in Transit Rich Areas and cannot require more than.5 parking spaces per unit in jobs Rich Areas.This provision may make some sense in areas that have high quality, reliable transit systems. Orange County does not yet have a high quality, reliable transit system and most families have at least 2 cars per household. The parking 1 byor Charles )_, "Chuck" Puckett • Nla car I'n, Tcm Di Allan l;ern,;ttm * Letitia Clark • Barry V" Cn wvi • Austm LItmhanl 300 Centennial Wiv 1115tin, CA 92-/80 0 I i 14 -573-3010 • wWNV.tustinca.0r9 The Honorable Scott Wiener May 9,2019 Page Two proposals under SB 50 will exacerbate parking issues that may already exist in the City and other communities statewide. Project Evaluation One other area of concern for the City is the lack of a requirement for infrastructure or school evaluation of projects. Introducing unlimited densities can have a drastic effect on local infrastructure and schools that were not designed or located to accommodate increased densities. In conclusion,SB 50 has the potential to drastically change the look and feel of cities across the state, including Tustin. As mentioned,Tustin has been a leader in approving housing projects that cover a broad spectrum of lifestyles, income levels and family sizes. Tustin has also been a leader in developing solutions to homelessness and affordable housing with projects related to emergency homeless housing, permanent supportive housing as well as affordable rental and ownership units. These projects have been successful due to communication with the local community on the project's information and impacts. SB 50 proposes to do away with this community input that has been so successful in Tustin,potentially leading to drastic community change with no prior warning. Again,the City agrees that there is a state-wide housing production shortage. However,SB 50 with it's top-down, one-size-fits-all approach, is not the right approach for Tustin and many other communities in the state. For these reasons,the City of'rustin opposes SB 50 unless amended to address the concerns outlined above. Sincerely, Charles E."Chuck" Puckett Mayor cc: Senator John M.W.Moorlach Assembly Member Steven S.Choi, Ph.D. Tony Cardenas,League of California Cities League of California Cities,cityletters@cacities.org Jenn Lowe,Association of California Cities—Orange County LEAGU F' 01 CAIIW�Z-\IA CITIES 2018-2019 May 8, 2019 LEAGUE OFFICERS President The Honorable Anthony Portantino I6net Arbuckle r"JorOMemae�' Chair, Senate Committee on Appropriations Gross VaVey State Capitol Building, Room 2205 Sacramento, CA 95814 First Vice President Randon Lane RE: SB 50 (Wiener) Planning and Zoning. Housing Development Incentives Mayor Pro Tem,Murrieta Oppose Unless Amended (os amended 5/1/19) Second Vice President John Dunbar Dear Senator Portantino: Mayor,Youa Rabe The League of California Cities must continue to oppose SB 50 unless the measure is Cmmediate Past President Rich Garbarino amended to address our key concerns. Unfortunately, the amendments taken in the Vice Mayor Senate Committee on Governance and Finance do not address our primary objections South Son Francisco with SB 50. In fact,these recent amendments raise additional questions and concerns. Executive Director SB 50, as amended, creates a new two-tiered process that exempts cities with a Carolyn M Coleman population of less than 50,000 that are in a county with a population of less than 600,000,from the most extreme provisions of the measure. It is unclear why these cities should be treated differently than a similar size city in a county with a population over 600,000. Instead of arbitrarily establishing a population metric, it would be much more appropriate to consider the full range of community characteristics when determining which areas of the state SB 50 should apply. The League of California Cities objects to allowing developers of certain types of housing projects to override locally developed and adopted height limitations, housing densities, parking requirements, and limit design review standards. Specifically, the League has significant concerns with the following: • Waste of time and money. SB 50 would greatly undermine locally adopted General Plans, Housing Elements (which are certified by the Department of Housing and Community Development(HCD)), and Sustainable Community Strategies (SCS). By allowing developers to override state approved housing plans, SB 50 seriously calls to question the need for cities to develop these community based plans and the justification for spending millions of state and local funds on the planning process. HCD spends a significant amount of money and staff time to review and certify housing elements for 482 cities. In this year alone, HCD will allocate nearly $130 million to focal governments to update their housing plans and approval processes. Governor Newsom has proposed to spend an additional $250 million on local plans. Why would the Legislature pass a bill that encourages developers to defy these plans and essentially waste millions of taxpayer dollars? • Housing developers and transit agencies would have the power to determine housing densities, heights up to 55 feet, parking requirements, and design 00 K Street,Suite 400, 00 LLEAGLJ E CITIES review standards for "transit-rich housing projects" within one-half mile of a major transit stop. For those "transit-rich housing projects" within one-quarter mile radius of a stop on a high-quality bus corridor, developers would be able to determine housing density, and parking requirements above .5 spots per unit. • What is the full scope of SB 50? As presently drafted, it is very difficult to determine what constitutes a "jobs-rich area" since the Department of Housing and Community Development and the Office of Planning and Research are largely tasked with making that determination. It is hard to understand why the Legislature would want the Executive Branch to define essential terms that have broad implications for how SB 50 would be implemented. Additionally, by not defining"jobs-rich area" in statute, there is no way of knowing if SB 50 will actually accomplish its stated goal • Greater density but no public transit? 5B 50 would require cities to allow greater density in communities that are high opportunity and jobs rich, but may lack access to public transit, This seems at odds with many state policies that encourage and incentivize more dense housing near transit so that individuals may become less dependent on automobiles. • Community-led planning? SB 50 allows some communities to be exempt if they develop their own plan that is consistent with the objectives of the bill. Why not all communities? Shouldn't all jurisdictions have the ability to have a community-led planning process that takes into account local needs and input as long as state objectives are still met? For these reasons, the League of California Cities opposes SB 50 unless it is amended to address the above concerns. If you have any questions, please feel free to contact me at (916) 658-8264. Sincerely, /4— Jason Rhine Assistant Legislative Director cc. Senator Scott Wiener Members, Senate Committee on Appropriations Mark McKenzie, Chief Consultant, Senate Committee on Appropriations Ryan Eisberg, Consultant, Senate Republican Caucus 00 K Street,Suite 400, rr AMENDED IN SENATE MAY 1, 2019 AMENDED 1N SENATE MARCH 11, 2019 SENATE BILL No. 50 Introduced by Senator Wiener (Coauthors: Senators Caballero,Hueso,Moorlach, Skinner, and Stone) (Coauthors:Assembly Members Burke,Chu,Diep,Fong,Kalra,Kiley, Low,McCarty, Robert Rivas,Ting, and Wicks) December 3, 2018 An act to amend Section 65589.5 of, to add Sections 65913.5 and 65913.6 to, and to add Chapter 4.35 (commencing with Section 65918.50)to Division 1 of Title 7-of of, the Government Code,relating to housing. LEGISLATIVE COUNSEL'S DIGEST SB 50, as amended, Wiener. Planning and zoning: housing development: incentives. Existing (1) Existing law authorizes a development proponent to submit an application fora multifamily housing development that satisfies specified planning objective standards to be subject to a streamlined, ministerial approval process, as provided, and not subject to a conditional use permit. This bill would authorize a developmentproponent ofa neighborhood multifamilyproject located on an eligibleparcel to submit an application for a streamlined, ministerial approval process that is not subject to a conditional use permit. The bill would define a "neighborhood multifamily project" to mean a project to construct a multifamily structure on vacant land, or to convert an existing structure that does 97 } i SB 50 —2— not 2—not require substantial exterior alteration into a multifamily structure, ! consisting of up to 4 residential dwelling units and that meets local ! height, setback, and lot coverage zoning requirements as they existed on July 1, 2019. The bill would also define "eligible parcel" to mean a parcel that meets specified requirements, including requirements relating to the location of the parcel and restricting the demolition of ' certain housing development that may already exist on the site. This bill would require a local agency to notify the development proponent in writing if the local agency determines that the development conflicts with any of the requirements provided for streamlined ministerial approval; otherwise, the development is deemed to comply with those requirements. The bill would limit the authority of a local agency to impose parking standards or requirements on a streamlined development approved pursuant to these provisions, as provided. The bill would provide that the approval of a project under these provisions expires automatically after 3 years, unless that project qualifies for a one-time, one-year extension of that approval. The bill would provide that approval pursuant to its provisions would remain valid for 3 years and remain valid thereafter, so long as vertical construction of the development has begun and is in progress, and would authorize a discretionary one-year extension, as provided. The bill would prohibit a local agency from adopting any requirement that applies to a project solely or partially on the basis that the project receives ministerial or streamlined approval pursuant to these provisions. This bill would allow a local agency to exempt a project from the streamlined ministerial approval process described above by finding that the project will cause a specific adverse impact to public health and safety, and there is no feasible method to satisfactorily mitigate or avoid the adverse impact. The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the 97 -3— SB 50 environment. CEQA does not apply to the approval of ministerial projects. This bill would establish a streamlined ministerial approval process for neighborhood multifamily and transit-oriented projects, thereby exempting these projects from the CEQA approval process. (2) Existing law, known as the , density bonus law,requires,when an applicant proposes a housing development within the jurisdiction of a local government,that the city, county,or city and county provide the developer with a density bonus and other incentives or concessions for the production of lower income housing units or for the donation of land within the development if the developer, among other things,agrees to construct a specified percentage of units for very low, low-, or moderate-income households or qualifying residents. This bill would require a city, county, or city and county to grant upon request an equitable communities incentive when a development proponent seeks and agrees to construct a residential development, as defined,that satisfies specified criteria,including,among other things, that the residential development is either a jab-rich housing project or a transit-rich housing project, as those terms are defined; the site does not contain, or has not contained, housing occupied by tenants or accommodations withdrawn from rent or lease in accordance with specified law within specified time periods; and the residential development complies with specified additional requirements under existing law. The bill would impose additional requirements on a residential development located within a county with a population equal to or less than 600,000. The bill would require that a residential development within a county with a population greater than 600,000 that is eligible for an equitable communities incentive receive, upon request,waivers from maximum controls on density and minimum eonftels at3 automobile parking requirements greater than 0.5 parking spots per , tmder the Density Boffus T=aw, and unit. The bill would require that a residential development also receive specified additional waivers if the residential development is located within a %2-mile or %,-mile radius of a major transit stop, as defined.For a residential development within a county with a population equal to or less than 600,000, the bill would instead require that the incentive provide waivers from maximum controls on density, subject to certain limitations;maximum height limitations less than or equal to one story, or 15 feet,above the highest allowable height for mixed use or residential use;maximum floor area ratio requirements 97 SB 50 —4— less -4-- less than 0.6 times the number of stories in the proposed project; and minimum automobile parking requirements, as provided. The bill would require a local government to grant an equitable communities incentive unless it makes a specified finding regarding the effects of the incentive on any real property or historic district that is listed on a federal or state register of historical resources. The bill would authorize a local government to modify or expand the terms of an equitable communities incentive,provided that the equitable communities incentive is consistent with these provisions. The bill would include findings that the changes proposed by these provisions address a matter of statewide concern rather than a municipal affair and,therefore,apply to all cities,including charter cities.The bill would also delay implementation of these provisions in potentially sensitive communities,as defined,until July 1, d 2020. The bill would further delay implementation of these provisions in sensitive communities, determined as provided, until January 1, 2026, unless the city or county in which the area is located votes to make these provisions applicable after a specified petition and public hearing process. On and after January 1, 2026, the bill would apply these provisions to a sensitive community unless the city or county adopts a community plan for the area that meets certain requirements. By adding to the duties of loettl plarining offieia4s, this --d The Housing Accountability Act prohibits a local agency from disapproving, or conditioning approval in a manner that renders infeasible, a housing development project , that complies with applicable, objective general plan, zoning, and subdivision standards and criteria in effect at the time the application for theproject is deemed complete unless the local agency makes specified written findings based on a preponderance of the evidence in the record. That law provides that the receipt of a density bonus is not a valid basis on which to find a proposed housing development is inconsistent, not in compliance, or not in conformity with an applicable plan, program, policy, ordinance, standard, requirement, or other similar provision of that act. This bill would additionally provide that the receipt of an equitable communities incentive is not a valid basis on which to find a proposed housing development is inconsistent, not in compliance, or not in 97 i I' —S— SB 50 conformity with an applicable plan, program, policy, ordinance, standard, requirement,or other similar provision of that act. (3) By adding to the duties of local planning officials, this bill would impose a state-mandated local program. 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: 1 SECTION 1. Section 65589.5 of the Government Code is 2 amended to read: 3 65589.5. (a) (1) The Legislature finds and declares all of the 4 following: 5 (A) The lack of housing, including emergency shelters, is a 6 critical problem that threatens the economic, environmental, and 7 social quality of life in California. 8 (B) California housing has become the most expensive in the 9 nation.The excessive cost of the state's housing supply is partially 10 caused by activities and policies of many Iocal governments that 11 limit the approval of housing,increase the cost of land for housing, 12 and require that high fees and exactions be paid by producers of 13 housing. 14 (C) Among the consequences of those actions are discrimination 15 against low-income and minority households, lack of housing to 16 support employment growth, imbalance in jobs and housing, 17 reduced mobility, urban sprawl, excessive commuting, and air 18 quality deterioration. 19 (D) Many local governments do not give adequate attention to 20 the economic, environmental, and social costs of decisions that 21 result in disapproval of housing development projects, reduction 22 in density of housing projects,and excessive standards for housing 23 development projects. 24 (2) In enacting the amendments made to this section by the act 25 adding this paragraph, the Legislature further finds and declares 26 the following: 97 �I SB 50 —6- 1 (A) California has a housing supply and affordability crisis of 2 historic proportions. The consequences of failing to effectively 3 and aggressively confront this crisis are hurting millions of 4 Californians, robbing future generations of the chance to call 5 California home, stifling economic opportunities for workers and 6 businesses,worsening poverty and homelessness,and undermining 7 the state's environmental and climate objectives. 8 (B) While the causes of this crisis are multiple and complex, 9 the absence of meaningful and effective policy reforms to 10 significantly enhance the approval and supply of housing affordable 11 to Californians of all income levels is a key factor. 12 (C) The crisis has grown so acute in California that supply, 13 demand, and affordability fundamentals are characterized in the 14 negative:underserved demands,constrained supply,and protracted 15 unaffordability. 16 (D) According to reports and data, California has accumulated 17 an unmet housing backlog of nearly 2,000,000 units and must 18 provide for at least 180,000 new units annually to keep pace with 19 growth through 2025. 20 (E) California's overall homeownership rate is at its lowest level 21 since the 1940s. The state ranks 49th out of the 50 states in 22 homeownership rates as well as in the supply of housing per capita. 23 Only one-half of California's households are able to afford the 24 cost of housing in their local regions. 25 (F) Lack of supply and rising costs are compounding inequality 26 and limiting advancement opportunities for many Californians. 27 (G) The majority of California renters, more than 3,000,000 28 households,pay more than 30 percent of their income toward rent 29 and nearly one-third, more than 1,500,000 households, pay more 30 than 50 percent of their income toward rent. 31 (I) When Californians have access to safe and affordable 32 housing,they have more money for food and health care;they are 33 less likely to become homeless and in need of 34 government-subsidized services;their children do better in school; 35 and businesses have an easier time recruiting and retaining 36 employees. 37 (I) An additional consequence of the state's cumulative housing 38 shortage is a significant increase in greenhouse gas emissions 39 caused by the displacement and redirection of populations to states 40 with greater housing opportunities, particularly working- and 97 -7— SB 50 1 middle-class households.California's cumulative housing shortfall 2 therefore has not only national but international environmental 3 consequences. 4 (J) California's housing picture has reached a crisis of historic 5 proportions despite the fact that, for decades, the Legislature has 6 enacted numerous statutes intended to significantly increase the 7 approval,development,and affordability of housing for all income 8 levels, including this section. 9 (K) The Legislature's intent in enacting this section in 1982 and 10 in expanding its provisions since then was to significantly increase 11 the approval and construction of new housing for all economic 12 segments of California's communities by meaningfully and 13 effectively curbing the capability of local governments to deny, 14 reduce the density for, or render infeasible housing development 15 projects and emergency shelters.That intent has not been fulfilled. 16 (L) It is the policy of the state that this section should be 17 interpreted and implemented in a manner to afford the fullest 18 possible weight to the interest of, and the approval and provision 19 of,housing. 20 (3) It is the intent of the Legislature that the conditions that 21 would have a specific, adverse impact upon the public health and 22 safety, as described in paragraph (2) of subdivision (d) and 23 paragraph(1) of subdivision 0), arise infrequently. 24 (b) It is the policy of the state that a local government not reject 25 or make infeasible housing development projects, including 26 emergency shelters,that contribute to meeting the need determined 27 pursuant to this article without a thorough analysis of the economic, 28 social, and environmental effects of the action and without 29 complying with subdivision (d). 30 (c) The Legislature also recognizes that premature and 31 unnecessary development of agricultural lands for urban uses 32 continues to have adverse effects on the availability of those lands 33 for food and fiber production and on the economy of the state. 34 Furthermore, it is the policy of the state that development should 35 be guided away from prime agricultural lands; therefore, in 36 implementing this section, local jurisdictions should encourage, 37 to the maximum extent practicable,in filling existing urban areas. 38 (d) A local agency shall not disapprove a housing development 39 project, including farmworker housing as defined in subdivision 40 (h) of Section 50199.7 of the Health and Safety Code, for very 97 I SB 50 -8- 1 low, low-, or moderate-income households, or an emergency 2 shelter,or condition approval in a manner that renders the housing 3 development project infeasible for development for the use of very 4 low, low-, or moderate-income households, or an emergency 5 shelter, including through the use of design review standards, 6 unless it makes written findings, based upon a preponderance of 7 the evidence in the record, as to one of the following: 8 (1) The jurisdiction has adopted a housing element pursuant to 9 this article that has been revised in accordance with Section 65588, 10 is in substantial compliance with this article, and the jurisdiction 11 has met or exceeded its share of the regional housing need 12 allocation pursuant to Section 65584 for the planning period for 13 the income category proposed for the housing development project, 14 provided that any disapproval or conditional approval shall not be 15 based on any of the reasons prohibited by Section 65008. If the 16 housing development project includes a mix of income categories, 17 and the jurisdiction has not met or exceeded its share of the regional 18 housing need for one or more of those categories, then this 19 paragraph shall not be used to disapprove or conditionally approve 20 the housing development project.The share of the regional housing 21 need met by the jurisdiction shall be calculated consistently with 22 the forms and definitions that may be adopted by the Department 23 of Housing and Community Development pursuant to Section 24 65400. In the case of an emergency shelter, the jurisdiction shall 25 have met or exceeded the need for emergency shelter,as identified 26 pursuant to paragraph(7)of subdivision(a)of Section 65583.Any 27 disapproval or conditional approval pursuant to this paragraph 28 shall be in accordance with applicable law,rule, or standards. 29 (2) The housing development project or emergency shelter as 30 proposed would have a specific, adverse impact upon the public 31 health or safety, and there is no feasible method to satisfactorily 32 mitigate or avoid the-speeifie speck, adverse impact without 33 rendering the development unaffordable to low- and 34 moderate-income households or rendering the development of the 35 emergency shelter financially infeasible.As used in this paragraph, 36 a "specific, adverse impact" means a significant, quantifiable, 37 direct, and unavoidable impact, based on objective, identified 38 written public health or safety standards, policies, or conditions 39 as they existed on the date the application was deemed complete. 40 Inconsistency with the zoning ordinance or general plan land use 97 -9— SB 50 1 designation shall not constitute a specific, adverse impact upon 2 the public health or safety. 3 (3) The denial of the housing development project or imposition 4 of conditions is required in order to comply with specific state or 5 federal law, and there is no feasible method to comply without 6 rendering the development unaffordable to low- and 7 moderate-income households or rendering the development of the 8 emergency shelter financially infeasible. . 9 (4) The housing development project or emergency shelter is 10 proposed on land zoned for agriculture or resource preservation 11 that is surrounded on at least two sides by land being used for 12 agricultural or resource preservation purposes, or which does not 13 have adequate water or wastewater facilities to serve the project. 14 (5) The housing development project or emergency shelter is 15 inconsistent with both the jurisdiction's zoning ordinance and 16 general plan land use designation as specified in any element of 17 the general plan as it existed on the date the application was 18 deemed complete, and the jurisdiction has adopted a revised 19 housing element in accordance with Section 65588 that is in 20 substantial compliance with this article. For purposes of this 21 section,a change to the zoning ordinance or general plan land use 22 designation subsequent to the date the application was deemed 23 complete shall not constitute a valid basis to disapprove or 24 condition approval of the housing development project or 25 emergency shelter. 26 (A) This paragraph cannot be utilized to disapprove or 27 conditionally approve a housing development project if the housing 28 development project is proposed on a site that is identified as 29 suitable or available for very low, low-, or moderate-income 30 households in the jurisdiction's housing element, and consistent 31 with the density specified in the housing element, even though it 32 is inconsistent with both the jurisdiction's zoning ordinance and 33 general plan land use designation. 34 (B) If the local agency has failed to identify in the inventory of 35 land in its housing element sites that can be developed for housing 36 within the planning period and are sufficient to provide for the 37 jurisdiction's share of the regional housing need for all income 38 levels pursuant to Section 65584,then this paragraph shall not be 39 utilized to disapprove or conditionally approve a housing 40 development project proposed for a site designated in any element 97 SB 50 —10- 1 of the general plan for residential uses or designated in any element 2 of the general plan for commercial uses if residential uses are 3 permitted or conditionally permitted within commercial 4 designations. In any action in court, the burden of proof shall be 5 on the local agency to show that its housing element does identify 6 adequate sites with appropriate zoning and development standards 7 and with services and facilities to accommodate the local agency's 8 share of the regional housing need for the very low, low-, and 9 moderate-income categories. 10 (C) If the local agency has failed to identify a zone or zones 11 where emergency shelters are allowed as a permitted use without 12 a conditional use or other discretionary permit, has failed to 13 demonstrate .that the identified zone or zones include sufficient 14 capacity to accommodate the need for emergency shelter identified 15 in paragraph(7) of subdivision(a) of Section 65583,or has failed 16 .to demonstrate that the identified zone or zones can accommodate 17 at least one emergency shelter, as required by paragraph (4) of 18 subdivision (a) of Section 65583, then this paragraph shall not be 19 utilized to disapprove or conditionally approve an emergency 20 shelter proposed for a site designated in any element of the general 21 plan for industrial,commercial,or multifamily residential uses.In 22 any action in court,the burden of proof shall be on the local agency 23 to show that its housing element does satisfy the requirements of 24 paragraph(4) of subdivision(a) of Section 65583. 25 (e) Nothing in this section shall be construed to relieve the local 26 agency from complying with the congestion management program . 27 required by Chapter 2.6 (commencing with Section 65088) of 28 Division 1 of Title 7 or the California Coastal Act of 1976 29 (Division 20 (commencing with Section 30000) of the Public 30 Resources Code). Neither sha4i. anythitig Nothing in this section 31 shall be construed to relieve the local agency from making one or 32 more of the findings required pursuant to Section 21081 of the 33 Public Resources Code or otherwise complying with the California 34 Environmental Quality Act(Division 13(commencing with Section 35 21000) of the Public Resources Code). 36 (f) (1) Nothing in this section shall be construed to prohibit a 37 local agency from requiring the housing development project to 38 comply with objective,quantifiable,written development standards, 39 conditions,and policies appropriate to,and consistent with,meeting 40 the jurisdiction's share of the regional housing need pursuant to 97 i Il SB 50 1 Section 65584. However, the development standards, conditions, 2 and policies shall be applied to facilitate and accommodate 3 development at the density permitted on the site and proposed by 4 the development. 5 (2) Nothing in this section shall be construed to prohibit a local 6 agency from requiring an emergency shelter project to comply 7 with objective, quantifiable, written development standards, 8 conditions, and policies that are consistent with paragraph (4) of 9 subdivision(a)of Section 65583 and appropriate to,and consistent 10 with, meeting the jurisdiction's need for emergency shelter, as 11 identified pursuant to paragraph(7) of subdivision (a) of Section 12 65583. However, the development standards, conditions, and 13 policies shall be applied by the local agency to facilitate and 14 accommodate the development of the emergency shelter project. 15 (3) This section does not prohibit a local agency from imposing 16 fees and other exactions otherwise authorized by law that are 17 essential to provide necessary public services and facilities to the 18 housing development project or emergency shelter. 19 (4) For purposes of this section,a housing development project 20 or emergency shelter shall be deemed consistent, compliant, and 21 in conformity with an applicable plan,program,policy,ordinance, 22 standard, requirement, or other similar provision if there is 23 substantial evidence that would allow a reasonable person to 24 conclude that the housing development project or emergency 25 shelter is consistent, compliant,or in conformity. 26 (g) This section shall be applicable to charter cities because the 27 Legislature finds that the lack of housing, including emergency 28 shelter, is a critical statewide problem. 29 (h) The following definitions apply for the purposes of this 30 section: 31 (1) "Feasible" means capable of being accomplished in a 32 successful manner within a reasonable period of time,taking into 33 account economic,environmental,social,and technological factors. 34 (2) "Housing development project" means a use consisting of 35 any of the following: 36 (A) Residential units only. 37 (B) Mixed-use developments consisting of residential and 38 nonresidential uses with at least two-thirds of the square footage 39 designated for residential use. 40 (C) Transitional housing or supportive housing. 97 I, SB 50 —12- 1 (3) "Housing for very low, low-, or moderate-income 2 households" means that either (A) at least 20 percent of the total 3 units shall be sold or rented to lower income households,as defined 4 in Section 50079.5 of the Health and Safety Code, or (B) 100 5 percent of the units shall be sold or rented to persons and families 6 of moderate income as defined in Section 50093 of the Health and 7 Safety Code,or persons and families of middle income,as defined 8 in.Section 65008 of this code. Housing units targeted for lower 9 income households shall be made available at a monthly housing 10 cost that does not exceed 30 percent of 60 percent of area median 11 income with adjustments for household size made in accordance 12 with the adjustment factors on which the lower income eligibility 13 limits are based. Housing units targeted for persons and families 14 of moderate income shall be made available at a monthly housing 15 cost that does not exceed 30 percent of 100 percent of area median 16 income with adjustments for household size made in accordance 17 with the adjustment factors on which the moderate-income 18 eligibility limits are based. 19 (4) "Area median income" means area median income as 20 periodically established by the Department of Housing and 21 Community Development pursuant to Section 50093 of the Health 22 and Safety Code. The developer shall provide sufficient legal 23 commitments to ensure.continued availability of units for very low 24 or low-income households in accordance with the provisions of 25 this subdivision for 30 years. 26 (5) "Disapprove the housing development project"includes any 27 instance in which a local agency does either of the following: 28 (A) Votes on a proposed housing development project 29 application and the application is disapproved, including any 30 required land use approvals or entitlements necessary for the 31 issuance of a building permit. 32 (B) Fails to comply with the time periods specified in 33 subdivision (a) of Section 65950.An extension of time pursuant 34 to Article 5 (commencing with Section 65950)shall be deemed to 35 be an extension of time pursuant to this paragraph. 36 (i) If any city, county, or city and county denies approval or 37 imposes conditions, including design changes, lower density, or 38 a reduction of the percentage of a lot that may be occupied by a 39 building or structure under the applicable planning and zoning in 40 force at the time the application is deemed complete pursuant to 97 I I N -13— SB SO 1 Section 65943,that have a substantial adverse effect on the viability 2 or affordability of a housing development for very low, low-, or 3 moderate-income households, and the denial of the development 4 or the imposition of conditions on the development is the subject 5 of a court action which challenges the denial or the imposition of 6 conditions,then the burden of proof shall be on the local legislative 7 body to show that its decision is consistent with the findings as 8 described in subdivision(d)and that the findings are supported by 9 a preponderance of the evidence in the record.For purposes of this 10 section,"lower density"includes any conditions that have the same 11 effect or impact on the ability of the project to provide housing. 12 0) (1) When a proposed housing development project complies 13 with applicable, objective general plan, zoning, and subdivision 14 standards and criteria,including design review standards,in effect 15 at the time that the housing development project's application is 16 determined to be complete, but the local agency proposes to 17 disapprove the project or to impose a condition that the project be 18 developed at a lower density, the local agency shall base its 19 decision regarding the proposed housing development project upon 20 written findings supported by a preponderance of the evidence on 21 the record that both of the following conditions exist: 22 (A) The housing development project would have a specific, 23 adverse impact upon the public health or safety unless the project 24 is disapproved or approved upon the condition that the project be 25 developed at a lower density.As used in this paragraph,a"specific, 26 adverse impact" means a significant, quantifiable, direct, and 27 unavoidable impact,based on objective, identified written public 28 health or safety standards, policies, or conditions as they existed 29 on the date the application was deemed complete. 30 (B) There is no feasible method to satisfactorily mitigate or 31 avoid the adverse impact identified pursuant to paragraph(1),other 32 than the disapproval of the housing development project or the 33 approval of the project upon the condition that it be developed at 34 a lower density. 35 (2) (A) If the local agency considers a proposed housing 36 development project to be inconsistent, not in compliance, or not 37 in conformity with an applicable plan,program,policy,ordinance, 38 standard, requirement, or other similar provision as specified in 39 this subdivision, it shall provide the applicant with written 40 documentation identifying the provision or provisions, and an 97 a SB 50 —A— I explanation of the reason or reasons it considers the housing 2 development to be inconsistent, not in compliance, or not in 3 conformity as follows: 4 (i) Within 30 days of the date that the application for the housing 5 development project is determined to be complete, if the housing 6 development project contains 150 or fewer housing units. 7 (ii) Within 60 days of the date that the application for the 8 housing development project is determined to be complete, if the 9 housing development project contains more than 150 units. 10 (B) If the local agency fails to provide the required 11 documentation pursuant to subparagraph (A), the housing 12 development project shall be deemed consistent, compliant, and 13 in conformity with the applicable plan,program,policy,ordinance, 14 standard, requirement, or other similar provision. 15 (3) For purposes of this section, the receipt of a density bonus 16 pursuant to Section 65915 or an equitable communities incentive 17 pursuant to Section 65918.51 shall not constitute a valid basis on 18 which to find a proposed housing development project is 19 inconsistent, not in compliance, or not in conformity with an 20 applicable plan,program,policy,ordinance,standard,requirement, 21 or other similar provision specified in this subdivision. 22 (4) For purposes of this section,a proposed housing development 23 project is not inconsistent with the applicable zoning standards 24 and criteria, and shall not require a rezoning, if the housing 25 development project is consistent with the objective general plan 26 standards and criteria but the zoning for the project site is 27 inconsistent with the general plan.If the local agency has complied 28 with paragraph (2), the local agency may require the proposed 29 housing development project to comply with the objective 30 standards and criteria of the zoning which is consistent with the 31 general plan,however, the standards and criteria shall be applied 32 to facilitate and accommodate development at the density allowed 33 on the site by the general plan and proposed by the proposed 34 housing development project. 35 (5) For purposes of this section, "lower density" includes any 36 conditions that have the same effect or impact on the ability of the 37 project to provide housing. 38 (k) (1) (A) The applicant, a person who would be eligible to 39 apply for residency in the development or emergency shelter, or 40 a housing organization may bring an action to enforce this section. 97 -15— SB 50 1 If, in any action brought to enforce this section, a court finds that 2 either (i) the local agency, in violation of subdivision (d), 3 disapproved a housing development project or conditioned its 4 approval in a manner rendering it infeasible for the development 5 of an emergency shelter, or housing for very low, low-, or 6 moderate-income households, including farmworker housing, 7 without making the findings required by this section or without 8 making findings supported by a preponderance of the evidence, 9 or(ii)the local agency,in violation of subdivision 0),disapproved 10 a housing development project complying with applicable, 11 objective general plan and zoning standards and criteria,or imposed 12 a condition that the project be developed at a lower density,without 13 making the findings required by this section or without making 14 findings supported by a preponderance of the evidence, the court 15 shall issue an order or judgment compelling compliance with this 16 section within 60 days, including,but not limited to, an order that 17 the local agency take action on the housing development project 18 or emergency shelter. The court may issue an order or judgment 19 directing the local agency to approve the housing development 20 project or emergency shelter if the court finds that the local agency 21 acted in bad faith when it disapproved or conditionally approved 22 the housing development or emergency shelter in violation of this 23 section. The court shall retain jurisdiction to ensure that its order 24 or judgment is carried out and shall award reasonable attorney's 25 fees and costs of suit to the plaintiff or petitioner, except under 26 extraordinary circumstances in which the court finds that awarding 27 fees would not further the purposes of this section. For purposes 28 of this section, "lower density" includes conditions that have the 29 same effect or impact on the ability of the project to provide 30 housing. 31 (B) (i) Upon a determination that the local agency has failed 32 to comply with the order or judgment compelling compliance with 33 this section within 60 days issued pursuant to subparagraph (A), 34 the court shall impose fines on a local agency that has violated this 35 section and require the local agency to deposit any fine levied 36 pursuant to this subdivision into a local housing trust fund. The 37 local agency may elect to instead deposit the fine into the Building 38 Homes and Jobs Trust Fund, if Senate Bill 2 of the 2017-18 39 Regular Session is enacted, or otherwise in the Housing 40 Rehabilitation Loan Fund.The fine shall be in a minimum amount 97 SB 50 —16- 1 16-1 of ten thousand dollars ($10,000)per housing unit in the housing 2 development project on the date the application was deemed 3 complete pursuant to Section 65943. In determining the amount 4 of fine to impose, the court shall consider the local agency's 5 progress in attaining its target allocation of the regional housing 6 need pursuant to Section 65584 and any prior violations of this 7 section. Fines shall not be paid out of funds already dedicated to 8 affordable housing, including, but not limited to, Low and 9 Moderate Income Housing Asset Funds,funds dedicated to housing 10 for very low, low-, and moderate-income households, and federal 11 HOME Investment Partnerships Program and Community 12 Development Block Grant Program funds.The local agency shall 13 commit and expend the money in the local housing trust fund 14 within five years for the sole purpose of financing newly 15 constructed housing units affordable to extremely low, very low, 16 or low-income households.After five years, if the funds have not 17 been expended,the money shall revert to the state and be deposited 18 in the Building Homes and Jobs Trust Fund,if Senate Bill 2 of the 19 2017-18 Regular Session is enacted, or otherwise in the Housing 20 Rehabilitation Loan Fund,for the sole purpose of financing newly 21 constructed housing units affordable to extremely low, very low, 22 or low-income households. 23 (ii) If any money derived from a fine imposed pursuant to this 24 subparagraph is deposited in the Housing Rehabilitation Loan 25 Fund,then,notwithstanding Section 50661 of the Health and Safety 26 Code, that money shall be available only upon appropriation by 27 the Legislature. 28 (C) If the court determines that its order or judgment has not 29 been carried out within 60 days,the court may issue further orders 30 as provided by law to ensure that the purposes and policies of this 31 section are fulfilled,including,but not limited to,an order to vacate 32 the decision of the local agency and to approve the housing 33 development project,in which case the application for the housing 34 development project, as proposed by the applicant at the time the 35 local agency took the initial action determined to be in violation 36 of this section, along with any standard conditions determined by 37 the court to be generally imposed by the local agency on similar 38 projects, shall be deemed to be approved unless the applicant 39 consents to a different-decision or action by the local agency. 97 I I I -17— SB 50 1 (2) For purposes of this subdivision, "housing organization" 2 means a trade or industry group whose local members are primarily 3 engaged in the construction or management of housing units or a 4 nonprofit organization whose mission includes providing or 5 advocating for increased access to housing for low-income 6 households and have filed written or oral comments with the local 7 agency prior to action on the housing development project. A 8 housing organization may only file an action pursuant to this 9 section to challenge the disapproval of a housing development by 10 a local agency. A housing organization shall be entitled to 1 I reasonable attorney's fees and costs if it is the prevailing party in 12 an action to enforce this section. 13 (0 If the court finds that the local agency(1) acted in bad faith 14 when it disapproved or conditionally approved the housing 15 development or emergency shelter in violation of this section and 16 (2)failed to carry out the court's order or judgment within 60 days 17 as described in subdivision(k),the court,.in addition to any other 18 remedies provided by this section, shall multiply the fine 19 determined pursuant to subparagraph (B) of paragraph (1) of 20 subdivision (k) by a factor of five. For purposes of this section, 21 "bad faith"includes,but is not limited to,an action that is frivolous 22 or otherwise entirely without merit. 23 (m) Any action brought to enforce the provisions of this section 24 shall be brought pursuant to Section 1094.5 of the Code of Civil 25 Procedure,and the local agency shall prepare and certify the record 26 ofproceedings in accordance with subdivision(c)of Section 1094.6 27 of the Code of Civil Procedure no later than 30 days after the 28 petition is served,provided that the cost of preparation of the record 29 shall be borne by the local agency, unless the petitioner elects to 30 prepare the record as provided in subdivision (n) of this section. 31 A petition to enforce the provisions of this section shall be filed 32 and served no later than 90 days from the later of(1) the effective 33 date of a decision of the local agency imposing conditions on, 34 disapproving, or any other final action on a housing development 35 project or (2) the expiration of the time periods specified in 36 subparagraph(B) of paragraph(5) of subdivision(h).Upon entry 37 of the trial court's order, a party may, in order to obtain appellate 38 review of the order, file a petition within 20 days after service 39 upon it of a written notice of the entry of the order,or within such 40 further time not exceeding an additional 20 days as the trial court 97 I I SB 50 —18- 1 may for good cause allow, or may appeal the judgment or order 2 of the trial court under Section 904.1 of the Code of Civil 3 Procedure. If the local agency appeals the judgment of the trial 4 court, the local agency shall post a bond, in an amount to be 5 determined by the court,to the benefit of the plaintiff if the plaintiff 6 is the project applicant. 7 (n) In any action,the record of the proceedings before the local 8 agency shall be filed as expeditiously as possible and, 9 notwithstanding Section 1094.6 of the Code of Civil Procedure or 10 subdivision (m) of this section, all or part of the record may be 11 prepared(1)by the petitioner with the petition or petitioner's points 12 and authorities,(2)by the respondent with respondent's points and 13 authorities, (3) after payment of costs by the petitioner, or (4) as 14 otherwise directed by the court. If the expense of preparing the 15 record has been borne by the petitioner and the petitioner is the 16 prevailing party, the expense shall be taxable as costs. 17 (o) This section shall be known, and may be cited, as the 18 Housing Accountability Act. 19 SEC. 2. Section 65913.5 is added to the Government Code, to 20 read: 21 65913.5. For purposes of this section and Section 65913.6, the 22 following definitions shall apply: 23 (a) "Developmentproponent"means the developer who submits 24 an application for streamlined approval pursuant to Section 25 65913.6.. 26 (b) "Eligible parcel" means a parcel that meets all of the 27 following requirements: 28 (1) The parcel satisfies the requirements specified in paragraphs 29 (2) and(6) of subdivision (a) of Section 65913.4. 30 (2) The development of the project on the proposed parcel would 31 not require the demolition or alteration of any of the following 32 types of housing: 33 (A) Housing that is subject to a recorded covenant, ordinance, 34 or law that restricts rents to levels affordable to persons and 35 families of moderate, low, or very low income. 36 (B) Housing that is subject to any form of rent or price control 37 through a public entity's valid exercise of its police power: 38 (C) Housing that has been occupied by tenants within the past 39 10 years. 97 �I -19— SB 50 1 (3) The site was not previously used for housing that was 2 occupied by tenants that was demolished within 10 years before 3 the development proponent submits an application under this 4 section. 5 (4) The development of theproject on theproposedparcel would 6 not require the demolition of a historic structure that was placed 7 on a national, state, or local historic register. 8 (5) The proposed parcel does not contain housing units that are 9 occupied by tenants, and units at the property are, or were, 10 subsequently offered for sale to the general public by the subdivider 11 or subsequent owner of the property. 12 (c) "Local agency" means a city, including a charter city, a 13 county, including a charter county, or a city and county, including 14 ' a charter city and county. 15 (d) "Neighborhood multifamily project" means a project to 16 construct a multifamily structure of up tofour residential dwelling 17 units that meets all of the following requirements: 18 (1) The project meets one of the following conditions: 19 (A) The parcel or parcels on which the neighborhood 20 multifamily project would be located is vacant land, as defined in 21 subdivision (e). 22 (B) The project is a conversion of an existing structure that does 23 not require substantial exterior alteration. For the purposes of 24 this subparagraph, a project requires "substantial exterior 25 alteration" if the project would require either of the following: 26 (i) The demolition of 25 percent or more of the existing exterior 27 vertical walls, measured by linear feet. 28 (ii) Any building addition that would increase total interior 29 square footage by more than 15 percent. 30 (2) (A) The neighborhood multifamilyproject meets all objective 31 zoning standards and objective design review standards that do 32 not conflict with this section or Section 65913.6. If, on or after 33 July 1, 2019, a local agency adopts an ordinance that eliminates 34 residential zoning designations or decreases residential zoning 35 development capacity within an existing zoning district in which 36 the development is located than what was authorized on July 1, 37 2019, then thatdevelopment shall be deemed to be consistent with 38 any applicable requirement of this section and Section 65913.6 if 39 it complies with zoning designations not in conflict with this section 40 and Section 65913.6 that were authorized as of July 1, 2019. 97 I I SB 50 —20- 1 20-1 (B) For purposes of this paragraph, "objective zoning 2 standards" and "objective design review standards" means 3 standards that involve no personal or subjective judgment by a. 4 public official and are uniformly verifiable by reference to an 5 external and uniform benchmark or criterion available and 6 knowable by both the developmentproponent and the public official 7 before the developmentproponent submits an application pursuant 8 to this section. These standards include, but are not limited to, 9 height, setbacks,floor area ratio, and lot coverage. 10 (3) The project provides at least 0.5 parking spaces per unit. 11 (e) "Vacant land"means either of the following: 12 (1) A property that contains no existing structures. 13 (2) A property that contains at least one existing structure, but 14 the structure or structures have been unoccupied for at least five 15 years and are considered substandard as defined by Section 16 17920.3 of the Health and Safety Code. 17 SEC. 3. Section 65913.6 is added to the Government Code, to 18 read: 19 65913.6. (a) For purposes of this section, the definitions 20 provided in Section 65913.5 shall.apply. 21 (b) Except as provided in subdivision (g), a development 22 proponent of a neighborhood multifamily project on an eligible 23 parcel may submit an application for a development to be subject 24 to a streamlined, ministerial approval process provided by this 25 section and not be subject to a conditional use permit if the 26 development meets the requirements of this section and Section 27 65913.5. 28 (c) (1) If a local agency determines that a development 29 submitted pursuant to this section is in conflict with any of the 30 requirements specified in this section or Section 65913.5, it shall 31 provide the development proponent written documentation of which 32 requirement or requirements the development conflicts with, and 33 an explanationfor the reason or reasons the development conflicts 34 with that requirement or requirements, as follows: 35 (A) Within 60 days ofsubmission of the development to the local 36 agency pursuant to this section if the development contains 150 37 or fewer housing units. 38 (B) Within 90 days of submission of the development to the local 39 agency pursuant to this section if the development contains more 40 than 150 housing units. 97 ii -21-- ss 50 1 (2) If the local agency fails to provide the required 2 documentation pursuant to paragraph (1), the development shall 3 be deemed to satisfy the requirements of this section and Section 4 65913.5. 5 (d) Any design review or public oversight of the development 6 may be conducted by the local agency's planning commission or 7 any equivalent board or commission responsible for review and 8 approval of development projects, or the city council or board of 9 supervisors, as appropriate. That design review or public oversight 10 shall be objective and be strictly focused on assessing compliance 11 with criteria required for streamlined projects, as well as any 12 reasonable objective design standards published and adopted by 13 ordinance or resolution by a local agency before submission of a 14 development application, and shall be broadly applicable to 15 development within the local agency. That design review orpublic 16 oversight shall be completed as follows and shall not in any way 17 inhibit, chill, orpreclude the ministerial approval provided by this 18 section or its effect, as applicable: 19 (1) Within 90 days of submission of the development to the local 20 agency pursuant to this section if the development contains 150 21 orfewer housing units. 22 (2) Within 180 days of submission of the development to the 23 local agency pursuant to this section if the development contains 24 more than 150 housing units. 25 (e) Notwithstanding any other law, a local agency, whether or 26 not it has adopted an ordinance governing automobile parking 27 requirements in multifamily developments, shall not impose 28 automobileparking standards for a streamlined development that 29 was approved pursuant to this section beyond those provided in 30 the minimum requirements of Section 65913.5. 31 (0 (1) If a local agency approves a development pursuant to 32 this section, that approval shall automatically expire after three 33 years except that a project may receive a one-time, one-year 34 extension if the project proponent provides documentation that 35 there has been significant progress toward getting the development 36 construction ready. For purposes of this paragraph, "significant 37 progress"includesfilinga building permit application. 38 (2) If a local agency approves a development pursuant to this 39 section, that approval shall remain valid for three years from the 40 date of the final action establishing that approval and shall remain 97 i{ SB 50 —22- 1 22-1 valid thereafter for a project so long as vertical construction of 2 the development has begun and is in progress. Additionally, the 3 development proponent may request, and the local agency shall 4 have discretion to grant, an additional one-year extension to the 5 original three-year period. The local agency's action and 6 discretion in determining whether to grant the foregoing extension 7 shall be limited to considerations and process set forth in this 8 section. 9 (g) This section shall not apply if the local agencyfinds that the 10 development project as proposed would have a specific, adverse 11 impact upon the public health or safety, including, but not limited 12 to,fire safety, and there is no feasible method to satisfactorily 13 mitigate or avoid the specific adverse impact without rendering 14 the development unaffordable to low and moderate-income 15 households. As used in this paragraph, a "speck, adverse 16 impact"means a significant, quantifiable, direct, and unavoidable 17 impact, based on objective, identified written public health or 18 safety standards,policies, or conditions as they existed on the date 19 the application was deemed complete. Inconsistency with the 20 zoning ordinance or general plan land use designation shall not 21 constitute a speck, adverse impact upon the public health or 22 safety. 23 (h) A local agency shall not adopt any requirement, including, 24 but not limited to, increased fees or inclusionary housing 25 requirements, that applies to a project solely or partially on the 26 basis that the project is eligible to receive ministerial or 27 streamlined approval pursuant to this section. 28 (i) This section shall not affect a developmentproponent s ability 29 to use any alternative streamlined by right permit processing 30 adopted by a local agency, including the provisions of subdivision 31 (i) of Section 65583.2 or 65913.4. 32 SEG. 2. 33 SEC. 4. Chapter 4.35(commencing with Section 65918.50)is 34 added to Division 1 of Title 7 of the Government Code, to read: 35 36 CHAPTER 4.35. EQUITABLE COMMUNITIES INCENTIVES 37 38 65918.50. For purposes of this chapter: 97 I' I I -23— SB 50 1 (a) "Development proponent"means an applicant who submits 2 an application for an equitable communities incentive pursuant to 3 this chapter. 4 (b) "Eligible applicant" means a development proponent who 5 receives an equitable communities incentive. 6 (c) "FAR"means floor area ratio. 7 (d) "High-quality bus corridor" means a corridor with fixed 8 route bus service that meets all of the following criteria: 9 (1) It has average service intervals for each line and in each 10 direction of no more than-13 10 minutes during the three peak 11 hours between 6 a.m. to 10 a.m., inclusive, and the three peak 12 hours between 3 p.m. to 7 p.m.,inclusive,on Monday through 13 Friday. 14 (2) It has average service intervals for each line and in each 15 direction of no more than 20 minutes during the hours of 6 a.m. 16 to 10 p.m., inclusive, on Monday through Friday. 17 (3) It has average service intervals for each line and in each 18 direction of no more than 30 minutes during the hours of 8 a.m. 19 to 10 p.m., inclusive, on Saturday and Sunday. 20 (e) (1) "Jobs-rich area" means an area identified by the 21 Department of Housing and Community Development in 22 consultation with the Office of Planning and Research that is both 23 high opportunity and jobs rich, based on whether, in a regional 24 analysis,the tract meets both of the following: 25 (A) The tract is higher opparedtity and high opportunity, 26 meaning its characteristics are associated with positive educational 27 and economic outcomes for households of all income levels 28 residing in the tract. 29 (B) The tract meets either of the following criteria: 30 (i) New housing sited in the tract would enable residents to live 31 obs rieh area, as measured by employment density 32 and j6b. total near more jobs than is typical for tracts in the 33 region. 34 , (ii) New housing sited in the tract would enable shorter commute 35 distances for residents, eompared to existing eentmute ley 36 relative to existing commute patterns for people of all income 37 levels. 38 (2) The Department of Housing and Community Development 39 shall, commencing on January 1,2020,publish and update,every 97 �I SB 50 —24- 1 24-- 1 five years thereafter,a map of the state showing the areas identified 2 by the department as "jobs-rich areas." 3 (0 "Job-rich housing project"means a residential development 4 within a jobs-richareft.by the Bepttrtment of 5 6 , 7 proximity to jobs,high area mediatt ineeme relative to the relevm 8 regieti, atid high quality publie 8ehools, 9 oppo&dnity elose to jobs.- area. A residential development shall 10 be deemed to be within an arett designated as jab a jobs-rich 11 area if both of the following apply: 12 • (1) All parcels within the project have no more than 25 percent 13 of their area outside of theiab-rieh jobs-rich area. 14 (2) No more than 10 percent of residential units or 100 units, 15 whichever is less, of the development are outside of the 16 jobs-rich area. 17 (g) "Local government" means a city, including a charter city, 18 a county, or a city and county. 19 (h) "Major transit stop" means a rail transit station or a ferry 20 terminal that is a major transit stop pursuant to subdivision (b) of 21 Section 21155 of the Public Resources Code. 22 (i) "Potentially sensitive community" means any of the 23 following.- 24 ollowing.24 (1) An area that is designated as "high segregation and poverty" 25 or "low resource" on the 2019 Opportunity Maps developed by 26 the California Tax Credit Allocation Committee. 27 (2) A census tract that is in the top 25 percent scoring census 28 tracts from the internet-based CalEnviroScreen 3.0 tool. 29 (3) A qualified census tract identified by the United States 30 Department of Housing and Urban Development for 2019. 31 (4) It is the intent of the Legislature to consider all of the 32 following.- 33 ollowing.33 (A) Identifying additional communities as potentially sensitive 34 communities in inland areas, areas experiencing rapid change in 35 housing cost, and other areas based on objective measures of 36 community sensitivity. 37 (B) Application of the process for determining sensitive 38 communities established in subdivision (d)of Section 65918.55 to 39 the San Francisco Bay area. 40 97 r, .I -25— SB 50 1 6) "Residential development" means a project with at least 2 two-thirds of the square footage of the development designated 3 for residential use. 4 e 5 (k) "Sensitive community"means either of the following: 6 , an area identified by 7 the Department ofilattsitig and Goffmt=ity Bevelapimeftt,whieh 8 , in eansult 9 10 planning regi , "where both of the fbilewing appIr. 11 12 poverty line,provided that eellege swdents do no 13 25 pereent of the poptilation. 14 (B) The ioefttiatt�uafient of residential raeial segregation in the 15 eeitstis traet is at least 1.25 as defitted by the Department of 16 17 (1) Except as provided in paragraph (2), an area identified 18 pursuant to subdivision (d) of Section 6.5918.5.5. 19 (2) In the Counties of Alameda, Contra Costa, Marin, Napa, 20 Santa Clara,San Francisco,San Mateo,Solano,and Sonoma,areas 21 designated by the Metropolitan Transportation Commission on 22 December 19, 2018, as the intersection of disadvantaged and 23 vulnerable communities as defined by the Metropolitan 24 Transportation Commission and the San Francisco Bay 25 Conservation and Development Commission,which identification 26 of a sensitive community shall be updated at least every five years 27 by the Department of Housing and Community Development. 28 fit) 29 (1) "Tenant' means a person who does not own the property 30 where they reside, including residential situations that are any of 31 the following: 32 (1) Residential real property rented by the person under a 33 long-term lease. 34 (2) A single-room occupancy unit. 35 (3) An accessory dwelling unit that is not subject to, or does 36 not have a valid permit in accordance with, an ordinance adopted 37 by a local agency pursuant to Section 65852.22. 38 (4) A residential motel. 39 (5) A mobilehome park, as governed under the Mobilehome 40 Residency Law (Chapter 2.5 (commencing with Section 798) of 97 I, SB 50 —26- 1 26- 1 Title 2 of Part 2 of Division 2 of the Civil Code),the Recreational 2 Vehicle Park Occupancy Law (Chapter 2.6 (commencing with 3 Section 799.20)of Title 2 of Part 2 of Division 2 of the Civil Code), 4 the Mobilehome Parks Act (Part 2.1 (commencing with Section 5 18200) of Division 13 of the Health and Safety Code), or the 6 Special Occupancy Parks Act(Part 2.3 (commencing with Section 7 18860) of Division 13 of the Health and Safety Code). 8 (6) Any other type of residential property that is not owned by 9 the person or a member of the person's household, for which the 10 person or a member of the person's household provides payments 11 on a regular schedule in exchange for the right to occupy the 12 residential property. 13 {l� 14 (m) "Transit-rich housing project" means a residential 15 development development, the parcels of which are all within a 16 one-half mile radius of a major transit stop or a one-quarter mile 17 radius of a stop on a high-quality bus corridor.A project shall be 18 deemed to be within the radius if both of the following apply: 19 (1) All parcels within the project have no more than 25 percent 20 of their area outside of a one-half mile radius of a major transit 21 stop or a one-quarter mile radius of a stop on a high-quality bus 22 corridor. 23 (2) No more than 10 percent of the residential units or 100 units, 24 whichever is less, of the project are outside of a one-half mile 25 radius of a major transit stop or a one-quarter mile radius of a stop 26 on a high-quality bus corridor. 27 65918.51. A Iocal government shall, upon request of a 28 development proponent,grant an equitable communities incentive, 29 as specified in Section 65918.53,when the development proponent 30 seeks and agrees to construct a residential development that 31 satisfies the requirements specified in Section 65918.52. 32 65918.52. In order to be eligible for an equitable communities 33 incentive pursuant to this chapter, a residential development shall 34 meet all of the following criteria: 35 (a) The residential development is either a job-rich housing 36 project or transit-rich housing project. 37 (b) The residential development is located on a site-that,at that 38 meets the following requirements: 39 (1) At the time of application,the site is zoned to allow housing 40 as an underlying use in the zone, including, but not Iimited to, a 97 it -27— SB 50 1 residential,mixed-use,or commercial zone,as defined and allowed 2 by the local government. 3 (2) If the residential development is located within a coastal 4 zone, as defined in Division 20 (commencing with Section 30000) 5 of the Public Resources Code, the site satisfies the requirements 6 specified in paragraph (2)of subdivision (a) of Section 65913,4. 7 (3) The site is not located within any of the following: 8 (A) A coastal zone, as defined in Division 20(commencing with 9 Section 30000) of the Public Resources Code, within a city with 10 a population of less than 50,000. 11 (B) A very high fire hazard severity zone, as determined by the 12 Department of Forestry and Fire Protection pursuant to Section 13 51178, or within a very high fire hazard severity zone as indicated 14 on maps adopted by the Department of Forestry and Fire 15 Protection pursuant to Section 4202 of the Public Resources Code. 16 A parcel is not ineligible within the meaning of this paragraph if 17 it is either of the following: 18 (i) A site excluded f-om the specified hazard zones by a local 19 agency,pursuant to subdivision (b) of Section 51179. 20 (ii) A site that has adopted fire hazard mitigation measures 21 pursuant to existing building standards or state fire mitigation 22 measures applicable to the development. 23 (C) A parcel that is a contributing parcel within a historic 24 district established by an ordinance of the local government that 25 was in effect as of December 31, 2010. 26 (c) If the residential development is located within a county that 27 has a population equal to or less than 600,000, the residential 28 development satisfies all of the following additional requirements: 29 (1) The site satisfies the requirements specified in paragraph 30 (2) of subdivision (a) of Section 65913.4. 31 (2) The site is not located within either of the following: 32 (A) An architecturally or historically significant historic district, 33 as defined in subdivision (h) of Section 5020.1 of the Public 34 Resources Code. 35 .(B) A flood plain as determined by maps promulgated by the 36 Federal Emergency ManagementAgency, unless the development 37 has been issued a flood plain developmentpermitpursuant to Part 38 59(commencing with Section 59.1)and Part 60(commencing with 39 Section 60.1) of Subchapter B of Chapter I of Title 44 of the Code 40 of Federal Regulations. 97 SB 50 —28- 1 28-1 (3) The residential development has a minimum density of 30 2 dwelling units per acre in jurisdictions considered metropolitan, 3 as defined in subdivision (f) of Section 65583.2, or a minimum 4 density of 20 dwelling units per acre in jurisdictions considered 5 suburban, as defined in subdivision (e) of Section 65583.2. 6 (4) The residential development is located within a one-half 7 mile radius of a major transit stop and within a city with a 8 population greater than 50,000. 9 (e) 10 (d) (1) If the local government has adopted an inclusionary 11 housing ordinance requiring that the development include a certain 12 number of units affordable to households with incomes that do not 13 exceed the limits fo , moderate income, lower 14 income, very low income, or extremely low income specified in 15 Sections 50079.5, 50093, 50105, and 50106 of the Health and 16 Safety Code, and that ordinance requires that a new development 17 include levels of affordable housing in excess of the requirements 18 specified in paragraph (2), the residential development complies 19 with that ordinance.The ordinance may provide alternative means 20 of compliance that may include,but are not limited to,in-lieu fees, 21 land dedication, offsite construction, or acquisition and 22 rehabilitation of existing units. 23 (2) (A) If the local government has not adopted an inclusionary 24 housing ordinance, as described in paragraph (1), the residential 25 development includes an affordable housing contribution for 26 households with incomes that do not exceed the limits for 27 extremely low income,very low income,and low income specified 28 in Sections 50093, 50105, and 50106 of the Health and Safety 29 Code. 30 (B) For purposes of this paragraph,the residential development 31 is subject to one of thing,following, as applicable: 32 (i) If the project has 10 or fewer units, no affordability 33 contribution is imposed. 34 (ii) If the project has 11 to 20 residential units,the development 35 proponent may pay an in-lieu fee to the local government for 36 affordable housing,where feasible,pursuant to subparagraph(C). 37 (iii) If the project has more than 20 residential units, the 38 development proponent shall do either of the following: 97 I. -29— SB 50 1 (I) Make a comparable affordability contribution toward housing 2 offsite that is affordable to lower income households,pursuant to 3 subparagraph (C). 4 (II) Include units on the site of the project that are affordable 5 to extremely low income,as deftned in Seetion 50105 efthe ilea] 6 , very low income, or+Y�Me lower income 7 households,as defined in"--`=-----, 5 Sections 50079.5, 50105, 8 and 50106 of the Health and Safety Code, as follows: 9 10 Project Size Inclusionary Requirement 11 21—200 units 15% 12 leror 13 lower 14 income;or 15 8%very low income;or 16 6%extremely low income 17 201-350 units 17% 18 iew 19 lower 20 income;or 21 10%very low income;or 22 8%extremely low income 23 351 or more units 25% 24 leror 25 lower 26 income;or 27 15%very low income;or 28 11%extremely low income 29 30 (C) (i) The development proponent of a project that qualifies 31 pursuant to clause (ii) or subclause (I) of clause (iii) of 32 subparagraph (B) may make a comparable affordability 33 contribution toward housing offsite that is affordable to lower 34 income households, as follows! pursuant to this subparagraph. 35 36 37 38 the boundaries ofthe leeal government by de�ignating an existing 39 40 , 97 l ii SB 50 —30- 1 fittiding shafl be prioritized at the first appart-ditity to bttild 2 . 3 (i� if tie housing apperhmity sites ffiat satisfy elmse (i) 4 available, 5 6 findings that the site for the aff6rdable hottsiiig developmen 7 . 8 (ii) For the purposes of this subparagraph, "comparable 9 affordability contribution" means either a dedication of land or 10 direct in-lieu fee payment to a housing provider that proposes to 11 build a residential development in which 100 percent of the units, 12 excluding manager's units,are sold or rented at affordable housing 13 cost, as defined in Section 50052.5 of the Health and Safety Code, 14 or affordable rent, as defined in Section 50053 of the Health and 15 Safety Code, subject to all of the following conditions: 16 (I) The site, and if applicable, the dedicated land, is located 17 within a one-half mile of the qualifying project. 18 (ll) The site, and if applicable, the dedicated land, is eligible 19 for an equitable communities incentive. 20 (111) The residential development that receives a dedication of 21 land or in-lieu fee payment pursuant to this paragraph provides 22 the same number of affordable units at the same income category, 23 which would have been required onsite for the qualifying project 24 pursuant to subclause (ll) of clause (iii) of subparagraph (B) of 25 paragraph (2). 26 (1k) The value of the dedicated land or in-lieu fee payment must 27 be at least equal to the capitalized value of the forgone revenue 28 that the development proponent would have incurred if the 29 qualifying project had provided the required number and type of 30 affordable units onsite. 31 (V) The comparable affordability contribution is subject to a 32 recorded covenant with the local jurisdiction. A copy of the 33 covenant shall be provided to the Department of Housing and 34 Community Development. 35 (iii) For thepurposes of this subparagraph, "qualifyingproject" 36 means a project that receives an equitable communities incentive 37 by providing a comparable affordability contribution. 38 (iv) The qualifying development shall not be issued a certificate 39 of occupancy before the residential development receiving a 97 i -31— SB 50 1 dedication of land or direct in-lieu fee payment pursuant to this 2 subparagraph receives a buildingpermit. 3 (D) Affordability of units pursuant to this paragraph shall be 4 restricted by deed for a period of 55 years for rental units or 45 5 years for units offered for sale. 6 (4) 7 (e) The site does not contain,or has not contained,either of the 8 following: 9 (1) Housing occupied by tenants within the seven years 10 preceding the date of the application, including housing that has 11 been demolished or that tenants have vacated prior to the 12 application for a development permit. 13 (2) A parcel or parcels on which an owner of residential real 14 property has exercised their rights under Chapter 12.75 15 (commencing with Section 7060) of Division 7 of Title 1 to 16 withdraw accommodations from rent or lease within 15 years prior 17 to the date that the development proponent submits an application 18 pursuant to this chapter. 19 {e} 20 69 The residential development complies with all applicable 21 labor, construction employment, and wage standards otherwise 22 required by law and any other generally applicable requirement 23 regarding the approval of a development project, including, but 24 not limited to, the local government's conditional use or other 25 discretionary permit approval process, the California 26 Environmental Quality Act(Division 13(commencing with Section 27 21000) of the Public Resources Code), or a streamlined approval 28 process that includes labor protections. 29 (#� 30 (g) The residential development complies with all other relevant 31 standards, requirements, and prohibitions imposed by the local 32 government regarding architectural design, restrictions on or 33 oversight `of demolition, impact fees, and community benefits 34 agreements. 35 (g} 36 (h) The equitable communities incentive shall not be used to 37 undermine the economic feasibility of delivering low-income 38 housing under the state density bonus program or a local 39 implementation of the state density bonus program,or any locally 40 adopted program that puts conditions on new development 97 i I �I SB 50 —32— I applications on the basis of receiving a zone change or general 2 plan amendment in exchange for benefits such as increased 3 affordable housing, local hire, or payment of prevailing wages. 4 65918.53. (a) (1) Any transit-rich orjobs-riehjoh-rich housing 5 project within a county that has a population greater than 600,000 6 that meets the criteria specified in Section 65918.52 shall receive, 7 upon request, an equitable communities incentive as follows: 8 {}3 9 (A) A waiver from maximum controls on density. 10 (2) 11 (B) A waiver from minimum automobile parking requirements 12 greater than 0.5 automobile parking spots per unit. 13 14 . 15 {fir} 16 (2) An eligible applicant proposing a residential development 17 within a county that.has a population greater than 600,000 that 18 is located within a one-half mile radius,but outside a one-quarter 19 mile radius,of a major transit stop shall receive,in addition to the 20 incentives specified in , paragraph (1), waivers 21 from all of the following: 22 (+} 23 (A) Maximum height requirements less than 45 feet. 24 �) 25 (B) Maximum FAR requirements less than 2.5. 26 f3) 27 (C) Notwithstanding subparagraph (B) of paragraph (1), any 28 maxAntit minimum automobile parking requirement. 29 (e) 30 (3) An eligible applicant proposing a residential development 31 within a county that has a population greater than 600,000 that 32 is located within a one-quarter mile radius of a major transit stop 33 shall receive,in addition to the incentives specified ink 34 (a);paragraph (1), waivers from all of the following: 35 k+} ! 36 (A) Maximum height requirements less than 55 feet. 37 (2) 38 (B) Maximum FAR requirements less than 3.25. 39 {3j 97 1' -33— SB 50 1 (C) Notwithstanding paragraph) (2) of subdivision)-, (a), 2 any minimum automobile parking requirement. 3 (b) A residential development within a county that has a 4 population less than or equal to 600,000 that meets the criteria 5 specified in Section 65918.52 shall receive, upon request, an 6 equitable communities incentive as follows: 7 (1) A waiver from .maximum controls on density, subject to 8 paragraph (3) of subdivision (c) of Section 65918.52. 9 (2) A waiverfrom maximum height limitations less than or equal 10 to one story, or 15 feet, above the highest allowable height for 11 mixed use or residential use. For purposes of this paragraph, 12 "highest allowable height" means the tallest height, including 13 heights that require conditional approval, allowable pursuant to 14 zoning and any specific orarea plan that covers the parcel. 15 (3) Maximum FAR requirements less than 0.6 times the number 16 of stories proposed for the project. 17 (4) A waiver from minimum automobile parking requirements, 18 as follows: 19 (A) If the residential development is located within a one-quarter 20 mile radius of a rail transit station in a city with a population of 21 greater than 100,000, the residential development project shall 22 receive a waiver from any minimum automobile parking 23 requirement. 24 (B) If the residential development does not meet the criteria 25 specified in clause (i), the residential development project shall 26 receive a waiver from minimum automobile parking requirements 27 of less than 0.5 parking spaces per unit. 28 (d) 29 (c) Notwithstanding any other law, 30 a project that qualifies for 31 an equitable communities incentive may also apply for a density 32 bonus, incentives or concessions, and parking ratios in accordance 33 with subdivision (b) of Section-6594-5r, 65915. To calculate a 34 density bonus for a project that receives an equitable communities 35 incentive, the "otherwise maximum allowable gross residential 36 density"as described in subdivision (0 of Section 65915 shall be 37 equal to the proposed number of unitsitr in, or the proposed square 38 footage of,the residential development after applying the equitable 39 communities incentive received pursuant to this 40 97 SB 50 —34— I 34-1 . chapter. In no case may a city, county, or city 2 and county apply any development standard that will have the 3 effect of physically precluding the construction of a development 4 meeting the criteria of this chapter and subdivision (b) of Section 5 65915 at the unit count or square footage or with the concessions 6 or incentives permitted by this chapter and as may be increased 7 under Section 65915 in accordance with this subdivision, but no 8 additional waivers or reductions of development standards, as 9 described in subdivision (e) of Section 65915 shall be permitted. 10 . (d) The local government shall grant an incentive requested by 11 an eligible applicant pursuant to this chapter unless the local 12 government makes a written finding, based on substantial evidence, 13 that the incentive would have a specific, adverse impact on any 14 real property or historic district that is listed on a federal or state 15 register of historical resources and for which there is no feasible 16 method to satisfactorily mitigate or avoid the specific, adverse 17 impact without rendering the development unaffordable. 18 (e) An eligible applicant proposing a project that meets all of 19 the requirements under Section 65913.4 may submit an application 20 for streamlined, ministerial approval in accordance with that 21 section. 22 (f) The local government may modify or expand the terms of 23 an equitable communities incentive provided pursuant to this 24 chapter, provided that the equitable communities incentive is 25 consistent with, and meets the minimum standards specified in, 26 this chapter. 27 65918.54. The Legislature finds and declares that this chapter 28 addresses a matter of statewide concern.rather than a municipal 29 affair as that term is used in Section 5 of Article XI of the 30 California Constitution.Therefore,this chapter applies to all cities, 31 including charter cities. 32 65918.55. (a) InViementation of this ehapter shall be delayed 33 . 34 , ' 35 liett of the requirentents of this eltapter, may apt for -a 36 37 38 , as f6llaws- 39 40 preeess at the iteighborhoad level shall, , 97 I I, -35— SB 50 1 2925, 2 3 a rftnge of itteatne levels to tneet unmet needs, 4 , 5 priari4es. 6 , be eansistent with 7 8 affordability standards set forth in this chapter within the 9 10 , II 2925, to sensitive eentmunities t4tat have not adopted e .4.0 12 13 , 14 of this ehaptef. 15 65918.55. (a) On or before July 1, 2020, Sections 65918.51 16 to 65918.54, inclusive, shall not apply to a potentially sensitive 17 community. After July 1, 2020, Sections 65918.51 to 65918.54, 18 inclusive, shall apply in any potentially sensitive community that 19 is not identified as a sensitive community pursuant to subdivision 20 (b). 21 (b) On or before July 1, 2020, sensitive communities in each. 22 county shall be identified and mapped in accordance with the 23 following: 24 (1) The council of governments, or the county board of 25 supervisors in a county without a council of governments, shall 26 establish a working group comprised of residents of potentially 27 sensitive communities within the county, ensuring equitable 28 representation of vulnerable populations, including, but not limited 29 to, renters, low-income people, and members of classes protected 30 under the California Fair Employment and Housing Act(Part 2.8 31 (commencing with Section 12900) of Division 3 of Title 2). 32 (2) The working group shall develop a map of sensitive 33 communities within the county, which shall include some or all of 34 the areas identified as potentially sensitive communities pursuant 35 to subdivision (i) of Section 65918.50. The working group shall 36 prioritize the input of residents from each potentially sensitive 37 community in making a determination about that community. 38 (3) Each board of supervisors or council of governments shall 39 adopt the sensitive communities map for the county, along with 40 an explanation of the composition and function of the working 97 it SB 50 —36- 1 36-- 1 group and the communityprocess and methodology used to create 2 the maps, at a public hearing held on or before July 1, 2020. 3 (c) Sections 65918.51 to 65918.54, inclusive, shall apply in a 4 sensitive community on and after January 1, 2026, unless the city 5 or county in which the sensitive community is located has adopted 6 a communityplan for an area that includes the sensitive community 7 that is aimed toward increasing residential density and multifamily 8 housing choices near transit stops and meets all of the following: 9 (1) The communityplan is not in conflict with the goals of this 10 chapter. 11 (2) The community plan permits increased density and 12 multifamily development near transit, with all upzoning linked to 13 onsite affordable housing requirements that meet or exceed the 14 affordable housing requirements in Sections 65918.51 to 65918.54, 15 inclusive. Community plans shall, at a minimum, be consistent 16 with the overall residential development capacity and the minimum 17 affordability standards set forth in Sections 65918.51 to 65918.54, 18 inclusive, within the boundaries of the community plan. 19 (3) The community plan includes provisions to protect 20 vulnerable residents from displacement. 21 (4) The community plan promotes economic justice for workers 22 and residents. 23 (5) The community plan was developed in partnership with at 24 least one of the following: 25 (A) A nonprofit or community organization that focuses on 26 organizing low-income residents in the sensitive community. 27 (B) A nonprofit or community organization that focuses on 28 organizing low-income residents in the jurisdiction. 29 (C) If there are no nonprofit or community organizations 30 working within thesensitive community or the jurisdiction, a 31 nonprofit with demonstrated experience conducting outreach to 32 low-income communities. 33 (6) Residents of the sensitive community are engaged throughout 34 the planning process, including through at least three community 35 meetings that are held at times and locations accessible to 36 low-income residents. 37 (7) All public documents and meetings related to the planning 38 process are translated into all languages spoken by at least 25 39 percent of residents of the sensitive community. 40 (8) The communityplan is adopted before July 1, 2025. 97 I; -37— SB 50 1 (d) Each city and each county shall make reasonable efforts to 2 develop a community plan for any sensitive communities within 3 its jurisdiction. A community plan may address other locally 4 identified priorities,provided they are not in conflict with the intent 5 of this chapter or any other law. A city or county may designate 6 a community plan adopted before July 1, 2020, as the plan that 7 meets the requirements of this paragraph,provided that the plan 8 meets all criteria in this section. 9 (e) Notwithstanding any otherprovision of this section,Sections 10 65918.51 to 65918.54, inclusive, shall apply in any sensitive 11 community if all of the following apply: 12 (1) At least 20 percent of adult residents of the sensitive 13 community sign a petition attesting that the community desires to 14 make the provisions of Sections 65918.51 to 65918.54, inclusive, 15 applicable in the area. The petition shall describe in plain language 16 the planning standards setforth in Sections 65918.51 to 65918.54, 17 inclusive; be translated into all languages spoken by at least 25 18 percent of residents in the affected area; and collect contact 19 informationfrom signatories to thepetition, includingfirst,middle, 20 and last name, mailing address, and phone number and email 21 address if available. 22 (2) The local government has verified the petition to ensure 23 compliance with paragraph (1). 24 (3) Following signature verification, the local government 25 provides public notice and opportunity to comment to residents of 26 the affected area and holds a minimum of three public hearings 27 in the affected area at a time and in a place and manner.accessible 28 to low-income residents and other vulnerable populations. 29 (4) The governing body for the city or county in which the 30 sensitive community is located determines, by majority vote, to 31 apply this chapter in the affected area. 32 (0 It is the intent,of the Legislature to consider all of the 33 following: 34 (1) Tasking local government entities with greater community 35 connection with convening and administering the process for 36 identifying sensitive communities. 37 (2) Requiring review by the Department of Housing and 38 Community Development of the designation of sensitive 39 communities. 97 ii �I I I SB 50 —38- 1 38-1 SEG. 3. 2 SEC. 5. No reimbursement is required by this act pursuant to 3 Section 6 of Article XIIIB of the California Constitution because 4 a local agency or school district has the authority to levy service 5 charges, fees, or assessments sufficient to pay for the program or 6 level of service mandated by this act,within the meaning of Section 7 17556 of the Government Code. O 97 I