CC SR 20200121 E - SB50 Opposition LetterCITY COUNCIL MEETING DATE: 01/21/2020
AGENDA REPORT AGENDA HEADING: Consent Calendar
AGENDA DESCRIPTION:
Consideration and possible action to authorize the Mayor to sign a letter to Senator
Scott Weiner opposing the amended version of Senate Bill No. 50.
RECOMMENDED COUNCIL ACTION:
(1) Authorize the Mayor to sign the letter opposing SB 50.
FISCAL IMPACT: None
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Megan Barnes, Senior Administrative Analyst
REVIEWED BY: Kit Fox, AICP, Interim Deputy City Manager
APPROVED BY: Ara Mihranian, AICP, Interim City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. Draft letter opposing SB 50 (page A-1)
B. Text of SB 50 as amended January 6, 2020 (page B-1)
C. SB 50 fact sheet (page C-1)
BACKGROUND AND DISCUSSION:
When the State Legislature reconvened on January 6, 2020, Senator Scott Wiener (D-
San Francisco) introduced amendments to Senate Bill No. 50 (SB 50), his bill aiming to
boost the state’s housing supply with dense, tall, multi-family projects in close proximity
to transit lines and job centers (Attachment A).
SB 50 did not advance last year amid criticism from a wide range of advocacy groups
and cities, including Rancho Palos Verdes. The City sent a letter to Senator Wiener in
March 2019 opposing SB 50 and expressing concerns about the loss of local control
and the bill’s reliance on proximity to bus routes.
The amended version of SB 50 includes many of the same provisions regarding
increased density and building height for projects in “transit-rich” and “job-rich” areas,
1
but provides a two-year window to allow local jurisdictions to adopt their own housing
plans before the bill’s statewide standards are imposed in January 2023.
A fact sheet from Senator Wiener’s office is included in this report as Attachment B.
As the City Council may recall, the bill was previously amended to create an exemption
for projects in Very High Fire Hazard Severity Zones. Staff has contacted Senator
Weiner’s office for clarity on how these provisions apply in the new version of the bill,
since virtually all of Rancho Palos Verdes falls within a Very High Fire Hazard Severity
Zone.
Staff has prepared a letter raising this concern and restating the City’s opposition to SB
50 for the Mayor to sign ahead of the January 31, 2020, deadline for the bill to pass the
State Senate.
ALTERNATIVES:
In addition to the Staff recommendation, the following alternative action is available for
the City Council’s consideration:
1.Do not authorize the Mayor to sign the letter opposing the amended
version of SB 50.
2
January 21, 2020 Via Email
The Honorable Scott Wiener
California State Senate State Capitol, Rm. 5100
Sacramento, CA 95814
SUBJECT: SB 50 (Wiener) Planning and Zoning
Notice of Opposition (as amended 1/6/20)
Dear Senator Wiener:
The City of Rancho Palos Verdes appreciates your attention to the myriad concerns
raised by cities across the state with previous versions in the latest revisions to SB 50.
However, after reviewing the amendments introduced in the new legislative session, we
remain concerned with the ability of local jurisdictions to meaningfully exercise local
control over new developments.
The bill maintains many of the same problematic provisions concerning density and
building height, limiting the ability of cities to maintain neighborhood character and
address the impacts of these projects upon residents. It also still relies on proximity to
bus routes, which opens the bill up to the potential for manipulation by developers.
There are no provisions requiring that the new dwelling units created under SB 50 meet
any kind of affordability requirements. The increased density and reduced open space
that could result under SB 50 are directly contrary to the reasons that our residents
pursued incorporation of Rancho Palos Verdes in the 1960s and 1970s. Rancho Palos
Verdes also has a very limited amount of commercially-zoned land, and SB 50 is likely
to have adverse impacts on our local economy as commercial land is converted to
residential uses.
Additionally, the City seeks clarity about the provisions of the revised bill related to Very
High Fire Hazard Severity Zones apply to new developments This is of tremendous
interest to our city, since almost all of Rancho Palos Verdes falls within a Very High Fire
Hazard Severity Zone.
We appreciate that, in acknowledgement of previous concerns regarding the loss of
local land use control, SB 50 now includes provisions for a 2-year implementation
period before State-mandated standards would be imposed. However, we respectfully
A-1
disagree that two years is enough time for local jurisdictions to completely overhaul
residential development policies and procedures that have accrued over many decades.
We believe that, in order to be successful, SB 50 needs to create opportunities for cities
to be successful in developing housing to meet all residents’ needs, not setting them up
for failure. We support efforts that include mechanisms to fund affordable housing—
such as Senate Bill No. 795—particularly in the aftermath of the dissolution of the
State’s redevelopment agencies.
For these reasons, the City of Rancho Palos Verdes opposes the amended version of
SB 50.
Sincerely,
John Cruikshank
Mayor
cc: Senator Anthony Portantino, Chair, Senate Appropriations Committee
Senate Appropriations Committee
Ben Allen, Senator, 26th State Senate District
Al Muratsuchi, Assembly Member, 66th Assembly District
Jeff Kiernan, League of California Cities
Meg Desmond, League of California Cities
Marcel Rodarte, California Contract Cities Association
Rancho Palos Verdes City Council
Ara Mihranian, Interim City Manager
Kit Fox, Interim Deputy City Manager
A-2
AMENDED IN SENATE JANUARY 6, 2020
AMENDED IN SENATE JUNE 4, 2019
AMENDED IN SENATE MAY 1, 2019
AMENDED IN SENATE MARCH 11, 2019
SENATE BILL No. 50
Introduced by Senator Wiener
(Coauthors: Senators Caballero, Hueso, McGuire, Moorlach,
Skinner, and Stone Roth, and Skinner)
(Coauthors: Assembly Members Chu, Diep, Fong, Kalra, Kiley, Low,
McCarty, Quirk-Silva, 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, the Government Code, relating
to housing.
legislative counsel’s digest
SB 50, as amended, Wiener. Planning and zoning: housing
development: streamlined approval: incentives.
(1) Existing law authorizes a development proponent to submit an
application for a 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 development proponent of a neighborhood
multifamily project located on an eligible parcel 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
95 B-1
multifamily project” to mean a project to construct a multifamily
structure on vacant land, or to convert an existing structure that does
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 within 60 days of the submission of the
development to the local agency. If the local agency does not notify the
development proponent within this time period, the development would
be 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
95
— 2 — SB 50 B-2
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
environment. CEQA does not apply to the approval of ministerial
projects.
This bill would establish a streamlined ministerial approval process
for neighborhood multifamily 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 bill, on or after January 1, 2023, would require a specified
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 job-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;
minimum automobile parking requirements greater than 0.5 parking
spots per unit; and specified additional waivers if the residential
development is located within a 1⁄2 -mile or 1⁄4 -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
95
SB 50 — 3 — B-3
for mixed use or residential use; certain requirements governing the
size of the parcel and the area that the building may occupy; 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 delay implementation of these provisions in potentially
sensitive communities, as defined, until July 1, 2023. 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.
The bill would also exempt from these provisions a local government
that has a local flexibility plan that has been reviewed and certified by
the Department of Housing and Community Development, as specified.
The bill, on or before July 1, 2021, would require the Governor’s Office
of Planning and Research, in consultation with the Department of
Housing and Community Development, to develop and publish on its
internet website rules, regulations, or guidelines for the submission
and approval of a local flexibility plan, as specified. The bill, on or
after July 1, 2021, would authorize a local government to submit a local
flexibility plan for review and approval by the Department of Housing
and Community Development pursuant to those rules, regulations, or
guidelines.
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, 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
95
— 4 — SB 50 B-4
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.
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 the project 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
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.
(4) 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:
line 1 SECTION 1. Section 65589.5 of the Government Code is
line 2 amended to read:
line 3 65589.5. (a) (1) The Legislature finds and declares all of the
line 4 following:
line 5 (A) The lack of housing, including emergency shelters, is a
line 6 critical problem that threatens the economic, environmental, and
line 7 social quality of life in California.
line 8 (B) California housing has become the most expensive in the
line 9 nation. The excessive cost of the state’s housing supply is partially
95
SB 50 — 5 — B-5
line 1 caused by activities and policies of many local governments that
line 2 limit the approval of housing, increase the cost of land for housing,
line 3 and require that high fees and exactions be paid by producers of
line 4 housing.
line 5 (C) Among the consequences of those actions are discrimination
line 6 against low-income and minority households, lack of housing to
line 7 support employment growth, imbalance in jobs and housing,
line 8 reduced mobility, urban sprawl, excessive commuting, and air
line 9 quality deterioration.
line 10 (D) Many local governments do not give adequate attention to
line 11 the economic, environmental, and social costs of decisions that
line 12 result in disapproval of housing development projects, reduction
line 13 in density of housing projects, and excessive standards for housing
line 14 development projects.
line 15 (2) In enacting the amendments made to this section by the act
line 16 adding this paragraph, the Legislature further finds and declares
line 17 the following:
line 18 (A) California has a housing supply and affordability crisis of
line 19 historic proportions. The consequences of failing to effectively
line 20 and aggressively confront this crisis are hurting millions of
line 21 Californians, robbing future generations of the chance to call
line 22 California home, stifling economic opportunities for workers and
line 23 businesses, worsening poverty and homelessness, and undermining
line 24 the state’s environmental and climate objectives.
line 25 (B) While the causes of this crisis are multiple and complex,
line 26 the absence of meaningful and effective policy reforms to
line 27 significantly enhance the approval and supply of housing affordable
line 28 to Californians of all income levels is a key factor.
line 29 (C) The crisis has grown so acute in California that supply,
line 30 demand, and affordability fundamentals are characterized in the
line 31 negative: underserved demands, constrained supply, and protracted
line 32 unaffordability.
line 33 (D) According to reports and data, California has accumulated
line 34 an unmet housing backlog of nearly 2,000,000 units and must
line 35 provide for at least 180,000 new units annually to keep pace with
line 36 growth through 2025.
line 37 (E) California’s overall homeownership rate is at its lowest level
line 38 since the 1940s. The state ranks 49th out of the 50 states in
line 39 homeownership rates as well as in the supply of housing per capita.
95
— 6 — SB 50 B-6
line 1 Only one-half of California’s households are able to afford the
line 2 cost of housing in their local regions.
line 3 (F) Lack of supply and rising costs are compounding inequality
line 4 and limiting advancement opportunities for many Californians.
line 5 (G) The majority of California renters, more than 3,000,000
line 6 households, pay more than 30 percent of their income toward rent
line 7 and nearly one-third, more than 1,500,000 households, pay more
line 8 than 50 percent of their income toward rent.
line 9 (H) When Californians have access to safe and affordable
line 10 housing, they have more money for food and health care; they are
line 11 less likely to become homeless and in need of
line 12 government-subsidized services; their children do better in school;
line 13 and businesses have an easier time recruiting and retaining
line 14 employees.
line 15 (I) An additional consequence of the state’s cumulative housing
line 16 shortage is a significant increase in greenhouse gas emissions
line 17 caused by the displacement and redirection of populations to states
line 18 with greater housing opportunities, particularly working- and
line 19 middle-class households. California’s cumulative housing shortfall
line 20 therefore has not only national but international environmental
line 21 consequences.
line 22 (J) California’s housing picture has reached a crisis of historic
line 23 proportions despite the fact that, for decades, the Legislature has
line 24 enacted numerous statutes intended to significantly increase the
line 25 approval, development, and affordability of housing for all income
line 26 levels, including this section.
line 27 (K) The Legislature’s intent in enacting this section in 1982 and
line 28 in expanding its provisions since then was to significantly increase
line 29 the approval and construction of new housing for all economic
line 30 segments of California’s communities by meaningfully and
line 31 effectively curbing the capability of local governments to deny,
line 32 reduce the density for, or render infeasible housing development
line 33 projects and emergency shelters. That intent has not been fulfilled.
line 34 (L) It is the policy of the state that this section should be
line 35 interpreted and implemented in a manner to afford the fullest
line 36 possible weight to the interest of, and the approval and provision
line 37 of, housing.
line 38 (3) It is the intent of the Legislature that the conditions that
line 39 would have a specific, adverse impact upon the public health and
95
SB 50 — 7 — B-7
line 1 safety, as described in paragraph (2) of subdivision (d) and
line 2 paragraph (1) of subdivision (j), arise infrequently.
line 3 (b) It is the policy of the state that a local government not reject
line 4 or make infeasible housing development projects, including
line 5 emergency shelters, that contribute to meeting the need determined
line 6 pursuant to this article without a thorough analysis of the economic,
line 7 social, and environmental effects of the action and without
line 8 complying with subdivision (d).
line 9 (c) The Legislature also recognizes that premature and
line 10 unnecessary development of agricultural lands for urban uses
line 11 continues to have adverse effects on the availability of those lands
line 12 for food and fiber production and on the economy of the state.
line 13 Furthermore, it is the policy of the state that development should
line 14 be guided away from prime agricultural lands; therefore, in
line 15 implementing this section, local jurisdictions should encourage,
line 16 to the maximum extent practicable, in filling existing urban areas.
line 17 (d) A local agency shall not disapprove a housing development
line 18 project, including farmworker housing as defined in subdivision
line 19 (h) of Section 50199.7 of the Health and Safety Code, for very
line 20 low, low-, or moderate-income households, or an emergency
line 21 shelter, or condition approval in a manner that renders the housing
line 22 development project infeasible for development for the use of very
line 23 low, low-, or moderate-income households, or an emergency
line 24 shelter, including through the use of design review standards,
line 25 unless it makes written findings, based upon a preponderance of
line 26 the evidence in the record, as to one of the following:
line 27 (1) The jurisdiction has adopted a housing element pursuant to
line 28 this article that has been revised in accordance with Section 65588,
line 29 is in substantial compliance with this article, and the jurisdiction
line 30 has met or exceeded its share of the regional housing need
line 31 allocation pursuant to Section 65584 for the planning period for
line 32 the income category proposed for the housing development project,
line 33 provided that any disapproval or conditional approval shall not be
line 34 based on any of the reasons prohibited by Section 65008. If the
line 35 housing development project includes a mix of income categories,
line 36 and the jurisdiction has not met or exceeded its share of the regional
line 37 housing need for one or more of those categories, then this
line 38 paragraph shall not be used to disapprove or conditionally approve
line 39 the housing development project. The share of the regional housing
line 40 need met by the jurisdiction shall be calculated consistently with
95
— 8 — SB 50 B-8
line 1 the forms and definitions that may be adopted by the Department
line 2 of Housing and Community Development pursuant to Section
line 3 65400. In the case of an emergency shelter, the jurisdiction shall
line 4 have met or exceeded the need for emergency shelter, as identified
line 5 pursuant to paragraph (7) of subdivision (a) of Section 65583. Any
line 6 disapproval or conditional approval pursuant to this paragraph
line 7 shall be in accordance with applicable law, rule, or standards.
line 8 (2) The housing development project or emergency shelter as
line 9 proposed would have a specific, adverse impact upon the public
line 10 health or safety, and there is no feasible method to satisfactorily
line 11 mitigate or avoid the specific, adverse impact without rendering
line 12 the development unaffordable to low- and moderate-income
line 13 households or rendering the development of the emergency shelter
line 14 financially infeasible. As used in this paragraph, a “specific,
line 15 adverse impact” means a significant, quantifiable, direct, and
line 16 unavoidable impact, based on objective, identified written public
line 17 health or safety standards, policies, or conditions as they existed
line 18 on the date the application was deemed complete. Inconsistency
line 19 with the zoning ordinance or general plan land use designation
line 20 shall not constitute a specific, adverse impact upon the public
line 21 health or safety.
line 22 (3) The denial of the housing development project or imposition
line 23 of conditions is required in order to comply with specific state or
line 24 federal law, and there is no feasible method to comply without
line 25 rendering the development unaffordable to low- and
line 26 moderate-income households or rendering the development of the
line 27 emergency shelter financially infeasible.
line 28 (4) The housing development project or emergency shelter is
line 29 proposed on land zoned for agriculture or resource preservation
line 30 that is surrounded on at least two sides by land being used for
line 31 agricultural or resource preservation purposes, or which does not
line 32 have adequate water or wastewater facilities to serve the project.
line 33 (5) The housing development project or emergency shelter is
line 34 inconsistent with both the jurisdiction’s zoning ordinance and
line 35 general plan land use designation as specified in any element of
line 36 the general plan as it existed on the date the application was
line 37 deemed complete, and the jurisdiction has adopted a revised
line 38 housing element in accordance with Section 65588 that is in
line 39 substantial compliance with this article. For purposes of this
line 40 section, a change to the zoning ordinance or general plan land use
95
SB 50 — 9 — B-9
line 1 designation subsequent to the date the application was deemed
line 2 complete shall not constitute a valid basis to disapprove or
line 3 condition approval of the housing development project or
line 4 emergency shelter.
line 5 (A) This paragraph cannot be utilized to disapprove or
line 6 conditionally approve a housing development project if the housing
line 7 development project is proposed on a site that is identified as
line 8 suitable or available for very low, low-, or moderate-income
line 9 households in the jurisdiction’s housing element, and consistent
line 10 with the density specified in the housing element, even though it
line 11 is inconsistent with both the jurisdiction’s zoning ordinance and
line 12 general plan land use designation.
line 13 (B) If the local agency has failed to identify in the inventory of
line 14 land in its housing element sites that can be developed for housing
line 15 within the planning period and are sufficient to provide for the
line 16 jurisdiction’s share of the regional housing need for all income
line 17 levels pursuant to Section 65584, then this paragraph shall not be
line 18 utilized to disapprove or conditionally approve a housing
line 19 development project proposed for a site designated in any element
line 20 of the general plan for residential uses or designated in any element
line 21 of the general plan for commercial uses if residential uses are
line 22 permitted or conditionally permitted within commercial
line 23 designations. In any action in court, the burden of proof shall be
line 24 on the local agency to show that its housing element does identify
line 25 adequate sites with appropriate zoning and development standards
line 26 and with services and facilities to accommodate the local agency’s
line 27 share of the regional housing need for the very low, low-, and
line 28 moderate-income categories.
line 29 (C) If the local agency has failed to identify a zone or zones
line 30 where emergency shelters are allowed as a permitted use without
line 31 a conditional use or other discretionary permit, has failed to
line 32 demonstrate that the identified zone or zones include sufficient
line 33 capacity to accommodate the need for emergency shelter identified
line 34 in paragraph (7) of subdivision (a) of Section 65583, or has failed
line 35 to demonstrate that the identified zone or zones can accommodate
line 36 at least one emergency shelter, as required by paragraph (4) of
line 37 subdivision (a) of Section 65583, then this paragraph shall not be
line 38 utilized to disapprove or conditionally approve an emergency
line 39 shelter proposed for a site designated in any element of the general
line 40 plan for industrial, commercial, or multifamily residential uses. In
95
— 10 — SB 50 B-10
line 1 any action in court, the burden of proof shall be on the local agency
line 2 to show that its housing element does satisfy the requirements of
line 3 paragraph (4) of subdivision (a) of Section 65583.
line 4 (e) Nothing in this section shall be construed to relieve the local
line 5 agency from complying with the congestion management program
line 6 required by Chapter 2.6 (commencing with Section 65088) of
line 7 Division 1 of Title 7 or the California Coastal Act of 1976
line 8 (Division 20 (commencing with Section 30000) of the Public
line 9 Resources Code). Nothing in this section shall be construed to
line 10 relieve the local agency from making one or more of the findings
line 11 required pursuant to Section 21081 of the Public Resources Code
line 12 or otherwise complying with the California Environmental Quality
line 13 Act (Division 13 (commencing with Section 21000) of the Public
line 14 Resources Code).
line 15 (f) (1) Nothing in this section shall be construed to prohibit a
line 16 local agency from requiring the housing development project to
line 17 comply with objective, quantifiable, written development standards,
line 18 conditions, and policies appropriate to, and consistent with, meeting
line 19 the jurisdiction’s share of the regional housing need pursuant to
line 20 Section 65584. However, the development standards, conditions,
line 21 and policies shall be applied to facilitate and accommodate
line 22 development at the density permitted on the site and proposed by
line 23 the development.
line 24 (2) Nothing in this section shall be construed to prohibit a local
line 25 agency from requiring an emergency shelter project to comply
line 26 with objective, quantifiable, written development standards,
line 27 conditions, and policies that are consistent with paragraph (4) of
line 28 subdivision (a) of Section 65583 and appropriate to, and consistent
line 29 with, meeting the jurisdiction’s need for emergency shelter, as
line 30 identified pursuant to paragraph (7) of subdivision (a) of Section
line 31 65583. However, the development standards, conditions, and
line 32 policies shall be applied by the local agency to facilitate and
line 33 accommodate the development of the emergency shelter project.
line 34 (3) This section does not prohibit a local agency from imposing
line 35 fees and other exactions otherwise authorized by law that are
line 36 essential to provide necessary public services and facilities to the
line 37 housing development project or emergency shelter.
line 38 (4) For purposes of this section, a housing development project
line 39 or emergency shelter shall be deemed consistent, compliant, and
line 40 in conformity with an applicable plan, program, policy, ordinance,
95
SB 50 — 11 — B-11
line 1 standard, requirement, or other similar provision if there is
line 2 substantial evidence that would allow a reasonable person to
line 3 conclude that the housing development project or emergency
line 4 shelter is consistent, compliant, or in conformity.
line 5 (g) This section shall be applicable to charter cities because the
line 6 Legislature finds that the lack of housing, including emergency
line 7 shelter, is a critical statewide problem.
line 8 (h) The following definitions apply for the purposes of this
line 9 section:
line 10 (1) “Feasible” means capable of being accomplished in a
line 11 successful manner within a reasonable period of time, taking into
line 12 account economic, environmental, social, and technological factors.
line 13 (2) “Housing development project” means a use consisting of
line 14 any of the following:
line 15 (A) Residential units only.
line 16 (B) Mixed-use developments consisting of residential and
line 17 nonresidential uses with at least two-thirds of the square footage
line 18 designated for residential use.
line 19 (C) Transitional housing or supportive housing.
line 20 (3) “Housing for very low, low-, or moderate-income
line 21 households” means that either (A) at least 20 percent of the total
line 22 units shall be sold or rented to lower income households, as defined
line 23 in Section 50079.5 of the Health and Safety Code, or (B) 100
line 24 percent of the units shall be sold or rented to persons and families
line 25 of moderate income as defined in Section 50093 of the Health and
line 26 Safety Code, or persons and families of middle income, as defined
line 27 in Section 65008 of this code. Housing units targeted for lower
line 28 income households shall be made available at a monthly housing
line 29 cost that does not exceed 30 percent of 60 percent of area median
line 30 income with adjustments for household size made in accordance
line 31 with the adjustment factors on which the lower income eligibility
line 32 limits are based. Housing units targeted for persons and families
line 33 of moderate income shall be made available at a monthly housing
line 34 cost that does not exceed 30 percent of 100 percent of area median
line 35 income with adjustments for household size made in accordance
line 36 with the adjustment factors on which the moderate-income
line 37 eligibility limits are based.
line 38 (4) “Area median income” means area median income as
line 39 periodically established by the Department of Housing and
line 40 Community Development pursuant to Section 50093 of the Health
95
— 12 — SB 50 B-12
line 1 and Safety Code. The developer shall provide sufficient legal
line 2 commitments to ensure continued availability of units for very low
line 3 or low-income households in accordance with the provisions of
line 4 this subdivision for 30 years.
line 5 (5) “Disapprove the housing development project” includes any
line 6 instance in which a local agency does either of the following:
line 7 (A) Votes on a proposed housing development project
line 8 application and the application is disapproved, including any
line 9 required land use approvals or entitlements necessary for the
line 10 issuance of a building permit.
line 11 (B) Fails to comply with the time periods specified in
line 12 subdivision (a) of Section 65950. An extension of time pursuant
line 13 to Article 5 (commencing with Section 65950) shall be deemed to
line 14 be an extension of time pursuant to this paragraph.
line 15 (i) If any city, county, or city and county denies approval or
line 16 imposes conditions, including design changes, lower density, or
line 17 a reduction of the percentage of a lot that may be occupied by a
line 18 building or structure under the applicable planning and zoning in
line 19 force at the time the application is deemed complete pursuant to
line 20 Section 65943, that have a substantial adverse effect on the viability
line 21 or affordability of a housing development for very low, low-, or
line 22 moderate-income households, and the denial of the development
line 23 or the imposition of conditions on the development is the subject
line 24 of a court action which challenges the denial or the imposition of
line 25 conditions, then the burden of proof shall be on the local legislative
line 26 body to show that its decision is consistent with the findings as
line 27 described in subdivision (d) and that the findings are supported by
line 28 a preponderance of the evidence in the record. For purposes of this
line 29 section, “lower density” includes any conditions that have the same
line 30 effect or impact on the ability of the project to provide housing.
line 31 (j) (1) When a proposed housing development project complies
line 32 with applicable, objective general plan, zoning, and subdivision
line 33 standards and criteria, including design review standards, in effect
line 34 at the time that the housing development project’s application is
line 35 determined to be complete, but the local agency proposes to
line 36 disapprove the project or to impose a condition that the project be
line 37 developed at a lower density, the local agency shall base its
line 38 decision regarding the proposed housing development project upon
line 39 written findings supported by a preponderance of the evidence on
line 40 the record that both of the following conditions exist:
95
SB 50 — 13 — B-13
line 1 (A) The housing development project would have a specific,
line 2 adverse impact upon the public health or safety unless the project
line 3 is disapproved or approved upon the condition that the project be
line 4 developed at a lower density. As used in this paragraph, a “specific,
line 5 adverse impact” means a significant, quantifiable, direct, and
line 6 unavoidable impact, based on objective, identified written public
line 7 health or safety standards, policies, or conditions as they existed
line 8 on the date the application was deemed complete.
line 9 (B) There is no feasible method to satisfactorily mitigate or
line 10 avoid the adverse impact identified pursuant to paragraph (1), other
line 11 than the disapproval of the housing development project or the
line 12 approval of the project upon the condition that it be developed at
line 13 a lower density.
line 14 (2) (A) If the local agency considers a proposed housing
line 15 development project to be inconsistent, not in compliance, or not
line 16 in conformity with an applicable plan, program, policy, ordinance,
line 17 standard, requirement, or other similar provision as specified in
line 18 this subdivision, it shall provide the applicant with written
line 19 documentation identifying the provision or provisions, and an
line 20 explanation of the reason or reasons it considers the housing
line 21 development to be inconsistent, not in compliance, or not in
line 22 conformity as follows:
line 23 (i) Within 30 days of the date that the application for the housing
line 24 development project is determined to be complete, if the housing
line 25 development project contains 150 or fewer housing units.
line 26 (ii) Within 60 days of the date that the application for the
line 27 housing development project is determined to be complete, if the
line 28 housing development project contains more than 150 units.
line 29 (B) If the local agency fails to provide the required
line 30 documentation pursuant to subparagraph (A), the housing
line 31 development project shall be deemed consistent, compliant, and
line 32 in conformity with the applicable plan, program, policy, ordinance,
line 33 standard, requirement, or other similar provision.
line 34 (3) For purposes of this section, the receipt of a density bonus
line 35 pursuant to Section 65915 or an equitable communities incentive
line 36 pursuant to Section 65918.51 shall not constitute a valid basis on
line 37 which to find a proposed housing development project is
line 38 inconsistent, not in compliance, or not in conformity with an
line 39 applicable plan, program, policy, ordinance, standard, requirement,
line 40 or other similar provision specified in this subdivision.
95
— 14 — SB 50 B-14
line 1 (4) For purposes of this section, a proposed housing development
line 2 project is not inconsistent with the applicable zoning standards
line 3 and criteria, and shall not require a rezoning, if the housing
line 4 development project is consistent with the objective general plan
line 5 standards and criteria but the zoning for the project site is
line 6 inconsistent with the general plan. If the local agency has complied
line 7 with paragraph (2), the local agency may require the proposed
line 8 housing development project to comply with the objective
line 9 standards and criteria of the zoning which is consistent with the
line 10 general plan, however, the standards and criteria shall be applied
line 11 to facilitate and accommodate development at the density allowed
line 12 on the site by the general plan and proposed by the proposed
line 13 housing development project.
line 14 (5) For purposes of this section, “lower density” includes any
line 15 conditions that have the same effect or impact on the ability of the
line 16 project to provide housing.
line 17 (k) (1) (A) The applicant, a person who would be eligible to
line 18 apply for residency in the development or emergency shelter, or
line 19 a housing organization may bring an action to enforce this section.
line 20 If, in any action brought to enforce this section, a court finds that
line 21 either (i) the local agency, in violation of subdivision (d),
line 22 disapproved a housing development project or conditioned its
line 23 approval in a manner rendering it infeasible for the development
line 24 of an emergency shelter, or housing for very low, low-, or
line 25 moderate-income households, including farmworker housing,
line 26 without making the findings required by this section or without
line 27 making findings supported by a preponderance of the evidence,
line 28 or (ii) the local agency, in violation of subdivision (j), disapproved
line 29 a housing development project complying with applicable,
line 30 objective general plan and zoning standards and criteria, or imposed
line 31 a condition that the project be developed at a lower density, without
line 32 making the findings required by this section or without making
line 33 findings supported by a preponderance of the evidence, the court
line 34 shall issue an order or judgment compelling compliance with this
line 35 section within 60 days, including, but not limited to, an order that
line 36 the local agency take action on the housing development project
line 37 or emergency shelter. The court may issue an order or judgment
line 38 directing the local agency to approve the housing development
line 39 project or emergency shelter if the court finds that the local agency
line 40 acted in bad faith when it disapproved or conditionally approved
95
SB 50 — 15 — B-15
line 1 the housing development or emergency shelter in violation of this
line 2 section. The court shall retain jurisdiction to ensure that its order
line 3 or judgment is carried out and shall award reasonable attorney’s
line 4 fees and costs of suit to the plaintiff or petitioner, except under
line 5 extraordinary circumstances in which the court finds that awarding
line 6 fees would not further the purposes of this section. For purposes
line 7 of this section, “lower density” includes conditions that have the
line 8 same effect or impact on the ability of the project to provide
line 9 housing.
line 10 (B) (i) Upon a determination that the local agency has failed
line 11 to comply with the order or judgment compelling compliance with
line 12 this section within 60 days issued pursuant to subparagraph (A),
line 13 the court shall impose fines on a local agency that has violated this
line 14 section and require the local agency to deposit any fine levied
line 15 pursuant to this subdivision into a local housing trust fund. The
line 16 local agency may elect to instead deposit the fine into the Building
line 17 Homes and Jobs Trust Fund, if Senate Bill 2 of the 2017–18
line 18 Regular Session is enacted, or otherwise in the Housing
line 19 Rehabilitation Loan Fund. The fine shall be in a minimum amount
line 20 of ten thousand dollars ($10,000) per housing unit in the housing
line 21 development project on the date the application was deemed
line 22 complete pursuant to Section 65943. In determining the amount
line 23 of fine to impose, the court shall consider the local agency’s
line 24 progress in attaining its target allocation of the regional housing
line 25 need pursuant to Section 65584 and any prior violations of this
line 26 section. Fines shall not be paid out of funds already dedicated to
line 27 affordable housing, including, but not limited to, Low and
line 28 Moderate Income Housing Asset Funds, funds dedicated to housing
line 29 for very low, low-, and moderate-income households, and federal
line 30 HOME Investment Partnerships Program and Community
line 31 Development Block Grant Program funds. The local agency shall
line 32 commit and expend the money in the local housing trust fund
line 33 within five years for the sole purpose of financing newly
line 34 constructed housing units affordable to extremely low, very low,
line 35 or low-income households. After five years, if the funds have not
line 36 been expended, the money shall revert to the state and be deposited
line 37 in the Building Homes and Jobs Trust Fund, if Senate Bill 2 of the
line 38 2017–18 Regular Session is enacted, or otherwise in the Housing
line 39 Rehabilitation Loan Fund, for the sole purpose of financing newly
95
— 16 — SB 50 B-16
line 1 constructed housing units affordable to extremely low, very low,
line 2 or low-income households.
line 3 (ii) If any money derived from a fine imposed pursuant to this
line 4 subparagraph is deposited in the Housing Rehabilitation Loan
line 5 Fund, then, notwithstanding Section 50661 of the Health and Safety
line 6 Code, that money shall be available only upon appropriation by
line 7 the Legislature.
line 8 (C) If the court determines that its order or judgment has not
line 9 been carried out within 60 days, the court may issue further orders
line 10 as provided by law to ensure that the purposes and policies of this
line 11 section are fulfilled, including, but not limited to, an order to vacate
line 12 the decision of the local agency and to approve the housing
line 13 development project, in which case the application for the housing
line 14 development project, as proposed by the applicant at the time the
line 15 local agency took the initial action determined to be in violation
line 16 of this section, along with any standard conditions determined by
line 17 the court to be generally imposed by the local agency on similar
line 18 projects, shall be deemed to be approved unless the applicant
line 19 consents to a different decision or action by the local agency.
line 20 (2) For purposes of this subdivision, “housing organization”
line 21 means a trade or industry group whose local members are primarily
line 22 engaged in the construction or management of housing units or a
line 23 nonprofit organization whose mission includes providing or
line 24 advocating for increased access to housing for low-income
line 25 households and have filed written or oral comments with the local
line 26 agency prior to action on the housing development project. A
line 27 housing organization may only file an action pursuant to this
line 28 section to challenge the disapproval of a housing development by
line 29 a local agency. A housing organization shall be entitled to
line 30 reasonable attorney’s fees and costs if it is the prevailing party in
line 31 an action to enforce this section.
line 32 (l) If the court finds that the local agency (1) acted in bad faith
line 33 when it disapproved or conditionally approved the housing
line 34 development or emergency shelter in violation of this section and
line 35 (2) failed to carry out the court’s order or judgment within 60 days
line 36 as described in subdivision (k), the court, in addition to any other
line 37 remedies provided by this section, shall multiply the fine
line 38 determined pursuant to subparagraph (B) of paragraph (1) of
line 39 subdivision (k) by a factor of five. For purposes of this section,
95
SB 50 — 17 — B-17
line 1 “bad faith” includes, but is not limited to, an action that is frivolous
line 2 or otherwise entirely without merit.
line 3 (m) Any action brought to enforce the provisions of this section
line 4 shall be brought pursuant to Section 1094.5 of the Code of Civil
line 5 Procedure, and the local agency shall prepare and certify the record
line 6 of proceedings in accordance with subdivision (c) of Section 1094.6
line 7 of the Code of Civil Procedure no later than 30 days after the
line 8 petition is served, provided that the cost of preparation of the record
line 9 shall be borne by the local agency, unless the petitioner elects to
line 10 prepare the record as provided in subdivision (n) of this section.
line 11 A petition to enforce the provisions of this section shall be filed
line 12 and served no later than 90 days from the later of (1) the effective
line 13 date of a decision of the local agency imposing conditions on,
line 14 disapproving, or any other final action on a housing development
line 15 project or (2) the expiration of the time periods specified in
line 16 subparagraph (B) of paragraph (5) of subdivision (h). Upon entry
line 17 of the trial court’s order, a party may, in order to obtain appellate
line 18 review of the order, file a petition within 20 days after service
line 19 upon it of a written notice of the entry of the order, or within such
line 20 further time not exceeding an additional 20 days as the trial court
line 21 may for good cause allow, or may appeal the judgment or order
line 22 of the trial court under Section 904.1 of the Code of Civil
line 23 Procedure. If the local agency appeals the judgment of the trial
line 24 court, the local agency shall post a bond, in an amount to be
line 25 determined by the court, to the benefit of the plaintiff if the plaintiff
line 26 is the project applicant.
line 27 (n) In any action, the record of the proceedings before the local
line 28 agency shall be filed as expeditiously as possible and,
line 29 notwithstanding Section 1094.6 of the Code of Civil Procedure or
line 30 subdivision (m) of this section, all or part of the record may be
line 31 prepared (1) by the petitioner with the petition or petitioner’s points
line 32 and authorities, (2) by the respondent with respondent’s points and
line 33 authorities, (3) after payment of costs by the petitioner, or (4) as
line 34 otherwise directed by the court. If the expense of preparing the
line 35 record has been borne by the petitioner and the petitioner is the
line 36 prevailing party, the expense shall be taxable as costs.
line 37 (o) This section shall be known, and may be cited, as the
line 38 Housing Accountability Act.
95
— 18 — SB 50 B-18
line 1 SECTION 1. Section 65589.5 of the Government Code, as
line 2 amended by Section 3.1 of Chapter 665 of the Statutes of 2019, is
line 3 amended to read:
line 4 65589.5. (a) (1) The Legislature finds and declares all of the
line 5 following:
line 6 (A) The lack of housing, including emergency shelters, is a
line 7 critical problem that threatens the economic, environmental, and
line 8 social quality of life in California.
line 9 (B) California housing has become the most expensive in the
line 10 nation. The excessive cost of the state’s housing supply is partially
line 11 caused by activities and policies of many local governments that
line 12 limit the approval of housing, increase the cost of land for housing,
line 13 and require that high fees and exactions be paid by producers of
line 14 housing.
line 15 (C) Among the consequences of those actions are discrimination
line 16 against low-income and minority households, lack of housing to
line 17 support employment growth, imbalance in jobs and housing,
line 18 reduced mobility, urban sprawl, excessive commuting, and air
line 19 quality deterioration.
line 20 (D) Many local governments do not give adequate attention to
line 21 the economic, environmental, and social costs of decisions that
line 22 result in disapproval of housing development projects, reduction
line 23 in density of housing projects, and excessive standards for housing
line 24 development projects.
line 25 (2) In enacting the amendments made to this section by the act
line 26 adding this paragraph, the Legislature further finds and declares
line 27 the following:
line 28 (A) California has a housing supply and affordability crisis of
line 29 historic proportions. The consequences of failing to effectively
line 30 and aggressively confront this crisis are hurting millions of
line 31 Californians, robbing future generations of the chance to call
line 32 California home, stifling economic opportunities for workers and
line 33 businesses, worsening poverty and homelessness, and undermining
line 34 the state’s environmental and climate objectives.
line 35 (B) While the causes of this crisis are multiple and complex,
line 36 the absence of meaningful and effective policy reforms to
line 37 significantly enhance the approval and supply of housing affordable
line 38 to Californians of all income levels is a key factor.
line 39 (C) The crisis has grown so acute in California that supply,
line 40 demand, and affordability fundamentals are characterized in the
95
SB 50 — 19 — B-19
line 1 negative: underserved demands, constrained supply, and protracted
line 2 unaffordability.
line 3 (D) According to reports and data, California has accumulated
line 4 an unmet housing backlog of nearly 2,000,000 units and must
line 5 provide for at least 180,000 new units annually to keep pace with
line 6 growth through 2025.
line 7 (E) California’s overall homeownership rate is at its lowest level
line 8 since the 1940s. The state ranks 49th out of the 50 states in
line 9 homeownership rates as well as in the supply of housing per capita.
line 10 Only one-half of California’s households are able to afford the
line 11 cost of housing in their local regions.
line 12 (F) Lack of supply and rising costs are compounding inequality
line 13 and limiting advancement opportunities for many Californians.
line 14 (G) The majority of California renters, more than 3,000,000
line 15 households, pay more than 30 percent of their income toward rent
line 16 and nearly one-third, more than 1,500,000 households, pay more
line 17 than 50 percent of their income toward rent.
line 18 (H) When Californians have access to safe and affordable
line 19 housing, they have more money for food and health care; they are
line 20 less likely to become homeless and in need of
line 21 government-subsidized services; their children do better in school;
line 22 and businesses have an easier time recruiting and retaining
line 23 employees.
line 24 (I) An additional consequence of the state’s cumulative housing
line 25 shortage is a significant increase in greenhouse gas emissions
line 26 caused by the displacement and redirection of populations to states
line 27 with greater housing opportunities, particularly working- and
line 28 middle-class households. California’s cumulative housing shortfall
line 29 therefore has not only national but international environmental
line 30 consequences.
line 31 (J) California’s housing picture has reached a crisis of historic
line 32 proportions despite the fact that, for decades, the Legislature has
line 33 enacted numerous statutes intended to significantly increase the
line 34 approval, development, and affordability of housing for all income
line 35 levels, including this section.
line 36 (K) The Legislature’s intent in enacting this section in 1982 and
line 37 in expanding its provisions since then was to significantly increase
line 38 the approval and construction of new housing for all economic
line 39 segments of California’s communities by meaningfully and
line 40 effectively curbing the capability of local governments to deny,
95
— 20 — SB 50 B-20
line 1 reduce the density for, or render infeasible housing development
line 2 projects and emergency shelters. That intent has not been fulfilled.
line 3 (L) It is the policy of the state that this section be interpreted
line 4 and implemented in a manner to afford the fullest possible weight
line 5 to the interest of, and the approval and provision of, housing.
line 6 (3) It is the intent of the Legislature that the conditions that
line 7 would have a specific, adverse impact upon the public health and
line 8 safety, as described in paragraph (2) of subdivision (d) and
line 9 paragraph (1) of subdivision (j), arise infrequently.
line 10 (b) It is the policy of the state that a local government not reject
line 11 or make infeasible housing development projects, including
line 12 emergency shelters, that contribute to meeting the need determined
line 13 pursuant to this article without a thorough analysis of the economic,
line 14 social, and environmental effects of the action and without
line 15 complying with subdivision (d).
line 16 (c) The Legislature also recognizes that premature and
line 17 unnecessary development of agricultural lands for urban uses
line 18 continues to have adverse effects on the availability of those lands
line 19 for food and fiber production and on the economy of the state.
line 20 Furthermore, it is the policy of the state that development should
line 21 be guided away from prime agricultural lands; therefore, in
line 22 implementing this section, local jurisdictions should encourage,
line 23 to the maximum extent practicable, in filling existing urban areas.
line 24 (d) A local agency shall not disapprove a housing development
line 25 project, including farmworker housing as defined in subdivision
line 26 (h) of Section 50199.7 of the Health and Safety Code, for very
line 27 low, low-, or moderate-income households, or an emergency
line 28 shelter, or condition approval in a manner that renders the housing
line 29 development project infeasible for development for the use of very
line 30 low, low-, or moderate-income households, or an emergency
line 31 shelter, including through the use of design review standards,
line 32 unless it makes written findings, based upon a preponderance of
line 33 the evidence in the record, as to one of the following:
line 34 (1) The jurisdiction has adopted a housing element pursuant to
line 35 this article that has been revised in accordance with Section 65588,
line 36 is in substantial compliance with this article, and the jurisdiction
line 37 has met or exceeded its share of the regional housing need
line 38 allocation pursuant to Section 65584 for the planning period for
line 39 the income category proposed for the housing development project,
line 40 provided that any disapproval or conditional approval shall not be
95
SB 50 — 21 — B-21
line 1 based on any of the reasons prohibited by Section 65008. If the
line 2 housing development project includes a mix of income categories,
line 3 and the jurisdiction has not met or exceeded its share of the regional
line 4 housing need for one or more of those categories, then this
line 5 paragraph shall not be used to disapprove or conditionally approve
line 6 the housing development project. The share of the regional housing
line 7 need met by the jurisdiction shall be calculated consistently with
line 8 the forms and definitions that may be adopted by the Department
line 9 of Housing and Community Development pursuant to Section
line 10 65400. In the case of an emergency shelter, the jurisdiction shall
line 11 have met or exceeded the need for emergency shelter, as identified
line 12 pursuant to paragraph (7) of subdivision (a) of Section 65583. Any
line 13 disapproval or conditional approval pursuant to this paragraph
line 14 shall be in accordance with applicable law, rule, or standards.
line 15 (2) The housing development project or emergency shelter as
line 16 proposed would have a specific, adverse impact upon the public
line 17 health or safety, and there is no feasible method to satisfactorily
line 18 mitigate or avoid the specific adverse impact without rendering
line 19 the development unaffordable to low- and moderate-income
line 20 households or rendering the development of the emergency shelter
line 21 financially infeasible. As used in this paragraph, a “specific,
line 22 adverse impact” means a significant, quantifiable, direct, and
line 23 unavoidable impact, based on objective, identified written public
line 24 health or safety standards, policies, or conditions as they existed
line 25 on the date the application was deemed complete. The following
line 26 shall not constitute a specific, adverse impact upon the public
line 27 health or safety:
line 28 (A) Inconsistency with the zoning ordinance or general plan
line 29 land use designation.
line 30 (B) The eligibility to claim a welfare exemption under
line 31 subdivision (g) of Section 214 of the Revenue and Taxation Code.
line 32 (3) The denial of the housing development project or imposition
line 33 of conditions is required in order to comply with specific state or
line 34 federal law, and there is no feasible method to comply without
line 35 rendering the development unaffordable to low- and
line 36 moderate-income households or rendering the development of the
line 37 emergency shelter financially infeasible.
line 38 (4) The housing development project or emergency shelter is
line 39 proposed on land zoned for agriculture or resource preservation
line 40 that is surrounded on at least two sides by land being used for
95
— 22 — SB 50 B-22
line 1 agricultural or resource preservation purposes, or which does not
line 2 have adequate water or wastewater facilities to serve the project.
line 3 (5) The housing development project or emergency shelter is
line 4 inconsistent with both the jurisdiction’s zoning ordinance and
line 5 general plan land use designation as specified in any element of
line 6 the general plan as it existed on the date the application was
line 7 deemed complete, and the jurisdiction has adopted a revised
line 8 housing element in accordance with Section 65588 that is in
line 9 substantial compliance with this article. For purposes of this
line 10 section, a change to the zoning ordinance or general plan land use
line 11 designation subsequent to the date the application was deemed
line 12 complete shall not constitute a valid basis to disapprove or
line 13 condition approval of the housing development project or
line 14 emergency shelter.
line 15 (A) This paragraph cannot be utilized to disapprove or
line 16 conditionally approve a housing development project if the housing
line 17 development project is proposed on a site that is identified as
line 18 suitable or available for very low, low-, or moderate-income
line 19 households in the jurisdiction’s housing element, and consistent
line 20 with the density specified in the housing element, even though it
line 21 is inconsistent with both the jurisdiction’s zoning ordinance and
line 22 general plan land use designation.
line 23 (B) If the local agency has failed to identify in the inventory of
line 24 land in its housing element sites that can be developed for housing
line 25 within the planning period and are sufficient to provide for the
line 26 jurisdiction’s share of the regional housing need for all income
line 27 levels pursuant to Section 65584, then this paragraph shall not be
line 28 utilized to disapprove or conditionally approve a housing
line 29 development project proposed for a site designated in any element
line 30 of the general plan for residential uses or designated in any element
line 31 of the general plan for commercial uses if residential uses are
line 32 permitted or conditionally permitted within commercial
line 33 designations. In any action in court, the burden of proof shall be
line 34 on the local agency to show that its housing element does identify
line 35 adequate sites with appropriate zoning and development standards
line 36 and with services and facilities to accommodate the local agency’s
line 37 share of the regional housing need for the very low, low-, and
line 38 moderate-income categories.
line 39 (C) If the local agency has failed to identify a zone or zones
line 40 where emergency shelters are allowed as a permitted use without
95
SB 50 — 23 — B-23
line 1 a conditional use or other discretionary permit, has failed to
line 2 demonstrate that the identified zone or zones include sufficient
line 3 capacity to accommodate the need for emergency shelter identified
line 4 in paragraph (7) of subdivision (a) of Section 65583, or has failed
line 5 to demonstrate that the identified zone or zones can accommodate
line 6 at least one emergency shelter, as required by paragraph (4) of
line 7 subdivision (a) of Section 65583, then this paragraph shall not be
line 8 utilized to disapprove or conditionally approve an emergency
line 9 shelter proposed for a site designated in any element of the general
line 10 plan for industrial, commercial, or multifamily residential uses. In
line 11 any action in court, the burden of proof shall be on the local agency
line 12 to show that its housing element does satisfy the requirements of
line 13 paragraph (4) of subdivision (a) of Section 65583.
line 14 (e) Nothing in this section shall be construed to relieve the local
line 15 agency from complying with the congestion management program
line 16 required by Chapter 2.6 (commencing with Section 65088) of
line 17 Division 1 of Title 7 or the California Coastal Act of 1976
line 18 (Division 20 (commencing with Section 30000) of the Public
line 19 Resources Code). Neither shall anything in this section This section
line 20 shall not be construed to relieve the local agency from making one
line 21 or more of the findings required pursuant to Section 21081 of the
line 22 Public Resources Code or otherwise complying with the California
line 23 Environmental Quality Act (Division 13 (commencing with Section
line 24 21000) of the Public Resources Code).
line 25 (f) (1) Except as provided in subdivision (o), nothing in shall
line 26 be construed to prohibit a local agency from requiring the housing
line 27 development project to comply with objective, quantifiable, written
line 28 development standards, conditions, and policies appropriate to,
line 29 and consistent with, meeting the jurisdiction’s share of the regional
line 30 housing need pursuant to Section 65584. However, the
line 31 development standards, conditions, and policies shall be applied
line 32 to facilitate and accommodate development at the density permitted
line 33 on the site and proposed by the development.
line 34 (2) Except as provided in subdivision (o), nothing in shall be
line 35 construed to prohibit a local agency from requiring an emergency
line 36 shelter project to comply with objective, quantifiable, written
line 37 development standards, conditions, and policies that are consistent
line 38 with paragraph (4) of subdivision (a) of Section 65583 and
line 39 appropriate to, and consistent with, meeting the jurisdiction’s need
line 40 for emergency shelter, as identified pursuant to paragraph (7) of
95
— 24 — SB 50 B-24
line 1 subdivision (a) of Section 65583. However, the development
line 2 standards, conditions, and policies shall be applied by the local
line 3 agency to facilitate and accommodate the development of the
line 4 emergency shelter project.
line 5 (3) Except as provided in subdivision (o), nothing in this section
line 6 shall be construed to prohibit a local agency from imposing fees
line 7 and other exactions otherwise authorized by law that are essential
line 8 to provide necessary public services and facilities to the housing
line 9 development project or emergency shelter.
line 10 (4) For purposes of this section, a housing development project
line 11 or emergency shelter shall be deemed consistent, compliant, and
line 12 in conformity with an applicable plan, program, policy, ordinance,
line 13 standard, requirement, or other similar provision if there is
line 14 substantial evidence that would allow a reasonable person to
line 15 conclude that the housing development project or emergency
line 16 shelter is consistent, compliant, or in conformity.
line 17 (g) This section shall be applicable to charter cities because the
line 18 Legislature finds that the lack of housing, including emergency
line 19 shelter, is a critical statewide problem.
line 20 (h) The following definitions apply for the purposes of this
line 21 section:
line 22 (1) “Feasible” means capable of being accomplished in a
line 23 successful manner within a reasonable period of time, taking into
line 24 account economic, environmental, social, and technological factors.
line 25 (2) “Housing development project” means a use consisting of
line 26 any of the following:
line 27 (A) Residential units only.
line 28 (B) Mixed-use developments consisting of residential and
line 29 nonresidential uses with at least two-thirds of the square footage
line 30 designated for residential use.
line 31 (C) Transitional housing or supportive housing.
line 32 (3) “Housing for very low, low-, or moderate-income
line 33 households” means that either (A) at least 20 percent of the total
line 34 units shall be sold or rented to lower income households, as defined
line 35 in Section 50079.5 of the Health and Safety Code, or (B) 100
line 36 percent of the units shall be sold or rented to persons and families
line 37 of moderate income as defined in Section 50093 of the Health and
line 38 Safety Code, or persons and families of middle income, as defined
line 39 in Section 65008 of this code. Housing units targeted for lower
line 40 income households shall be made available at a monthly housing
95
SB 50 — 25 — B-25
line 1 cost that does not exceed 30 percent of 60 percent of area median
line 2 income with adjustments for household size made in accordance
line 3 with the adjustment factors on which the lower income eligibility
line 4 limits are based. Housing units targeted for persons and families
line 5 of moderate income shall be made available at a monthly housing
line 6 cost that does not exceed 30 percent of 100 percent of area median
line 7 income with adjustments for household size made in accordance
line 8 with the adjustment factors on which the moderate-income
line 9 eligibility limits are based.
line 10 (4) “Area median income” means area median income as
line 11 periodically established by the Department of Housing and
line 12 Community Development pursuant to Section 50093 of the Health
line 13 and Safety Code. The developer shall provide sufficient legal
line 14 commitments to ensure continued availability of units for very low
line 15 or low-income households in accordance with the provisions of
line 16 this subdivision for 30 years.
line 17 (5) Notwithstanding any other law, until January 1, 2025,
line 18 “deemed complete” means that the applicant has submitted a
line 19 preliminary application pursuant to Section 65941.1.
line 20 (6) “Disapprove the housing development project” includes any
line 21 instance in which a local agency does either of the following:
line 22 (A) Votes on a proposed housing development project
line 23 application and the application is disapproved, including any
line 24 required land use approvals or entitlements necessary for the
line 25 issuance of a building permit.
line 26 (B) Fails to comply with the time periods specified in
line 27 subdivision (a) of Section 65950. An extension of time pursuant
line 28 to Article 5 (commencing with Section 65950) shall be deemed to
line 29 be an extension of time pursuant to this paragraph.
line 30 (7) “Lower density” includes any conditions that have the same
line 31 effect or impact on the ability of the project to provide housing.
line 32 (8) Until January 1, 2025, “objective” means involving no
line 33 personal or subjective judgment by a public official and being
line 34 uniformly verifiable by reference to an external and uniform
line 35 benchmark or criterion available and knowable by both the
line 36 development applicant or proponent and the public official.
line 37 (9) Notwithstanding any other law, until January 1, 2025,
line 38 “determined to be complete” means that the applicant has submitted
line 39 a complete application pursuant to Section 65943.
95
— 26 — SB 50 B-26
line 1 (i) If any city, county, or city and county denies approval or
line 2 imposes conditions, including design changes, lower density, or
line 3 a reduction of the percentage of a lot that may be occupied by a
line 4 building or structure under the applicable planning and zoning in
line 5 force at the time housing development project’s the application is
line 6 complete, that have a substantial adverse effect on the viability or
line 7 affordability of a housing development for very low, low-, or
line 8 moderate-income households, and the denial of the development
line 9 or the imposition of conditions on the development is the subject
line 10 of a court action which challenges the denial or the imposition of
line 11 conditions, then the burden of proof shall be on the local legislative
line 12 body to show that its decision is consistent with the findings as
line 13 described in subdivision (d), and that the findings are supported
line 14 by a preponderance of the evidence in the record, and with the
line 15 requirements of subdivision (o).
line 16 (j) (1) When a proposed housing development project complies
line 17 with applicable, objective general plan, zoning, and subdivision
line 18 standards and criteria, including design review standards, in effect
line 19 at the time that the application was deemed complete, but the local
line 20 agency proposes to disapprove the project or to impose a condition
line 21 that the project be developed at a lower density, the local agency
line 22 shall base its decision regarding the proposed housing development
line 23 project upon written findings supported by a preponderance of the
line 24 evidence on the record that both of the following conditions exist:
line 25 (A) The housing development project would have a specific,
line 26 adverse impact upon the public health or safety unless the project
line 27 is disapproved or approved upon the condition that the project be
line 28 developed at a lower density. As used in this paragraph, a “specific,
line 29 adverse impact” means a significant, quantifiable, direct, and
line 30 unavoidable impact, based on objective, identified written public
line 31 health or safety standards, policies, or conditions as they existed
line 32 on the date the application was deemed complete.
line 33 (B) There is no feasible method to satisfactorily mitigate or
line 34 avoid the adverse impact identified pursuant to paragraph (1), other
line 35 than the disapproval of the housing development project or the
line 36 approval of the project upon the condition that it be developed at
line 37 a lower density.
line 38 (2) (A) If the local agency considers a proposed housing
line 39 development project to be inconsistent, not in compliance, or not
line 40 in conformity with an applicable plan, program, policy, ordinance,
95
SB 50 — 27 — B-27
line 1 standard, requirement, or other similar provision as specified in
line 2 this subdivision, it shall provide the applicant with written
line 3 documentation identifying the provision or provisions, and an
line 4 explanation of the reason or reasons it considers the housing
line 5 development to be inconsistent, not in compliance, or not in
line 6 conformity as follows:
line 7 (i) Within 30 days of the date that the application for the housing
line 8 development project is determined to be complete, if the housing
line 9 development project contains 150 or fewer housing units.
line 10 (ii) Within 60 days of the date that the application for the
line 11 housing development project is determined to be complete, if the
line 12 housing development project contains more than 150 units.
line 13 (B) If the local agency fails to provide the required
line 14 documentation pursuant to subparagraph (A), the housing
line 15 development project shall be deemed consistent, compliant, and
line 16 in conformity with the applicable plan, program, policy, ordinance,
line 17 standard, requirement, or other similar provision.
line 18 (3) For purposes of this section, the receipt of a density bonus
line 19 pursuant to Section 65915 or an equitable communities incentive
line 20 pursuant to Section 65918.51 shall not constitute a valid basis on
line 21 which to find a proposed housing development project is
line 22 inconsistent, not in compliance, or not in conformity, conformity
line 23 with an applicable plan, program, policy, ordinance, standard,
line 24 requirement, or other similar provision specified in this subdivision.
line 25 (4) For purposes of this section, a proposed housing development
line 26 project is not inconsistent with the applicable zoning standards
line 27 and criteria, and shall not require a rezoning, if the housing
line 28 development project is consistent with the objective general plan
line 29 standards and criteria but the zoning for the project site is
line 30 inconsistent with the general plan. If the local agency has complied
line 31 with paragraph (2), the local agency may require the proposed
line 32 housing development project to comply with the objective
line 33 standards and criteria of the zoning which is consistent with the
line 34 general plan, however, the standards and criteria shall be applied
line 35 to facilitate and accommodate development at the density allowed
line 36 on the site by the general plan and proposed by the proposed
line 37 housing development project.
line 38 (k) (1) (A) (i) The applicant, a person who would be eligible
line 39 to apply for residency in the housing development project or
line 40 emergency shelter, or a housing organization may bring an action
95
— 28 — SB 50 B-28
line 1 to enforce this section. If, in any action brought to enforce this
line 2 section, a court finds that any of the following are met, the court
line 3 shall issue an order pursuant to clause (ii):
line 4 (I) The local agency, in violation of subdivision (d), disapproved
line 5 a housing development project or conditioned its approval in a
line 6 manner rendering it infeasible for the development of an emergency
line 7 shelter, or housing for very low, low-, or moderate-income
line 8 households, including farmworker housing, without making the
line 9 findings required by this section or without making findings
line 10 supported by a preponderance of the evidence.
line 11 (II) The local agency, in violation of subdivision (j), disapproved
line 12 a housing development project complying with applicable,
line 13 objective general plan and zoning standards and criteria, or imposed
line 14 a condition that the project be developed at a lower density, without
line 15 making the findings required by this section or without making
line 16 findings supported by a preponderance of the evidence.
line 17 (III) (ia) Subject to sub-subclause (ib), the local agency, in
line 18 violation of subdivision (o), required or attempted to require a
line 19 housing development project to comply with an ordinance, policy,
line 20 or standard not adopted and in effect when a preliminary
line 21 application was submitted.
line 22 (ib) This subclause shall become inoperative on January 1, 2025.
line 23 (ii) If the court finds that one of the conditions in clause(i) is
line 24 met, the court shall issue an order or judgment compelling
line 25 compliance with this section within 60 days, including, but not
line 26 limited to, an order that the local agency take action on the housing
line 27 development project or emergency shelter. The court may issue
line 28 an order or judgment directing the local agency to approve the
line 29 housing development project or emergency shelter if the court
line 30 finds that the local agency acted in bad faith when it disapproved
line 31 or conditionally approved the housing development or emergency
line 32 shelter in violation of this section. The court shall retain jurisdiction
line 33 to ensure that its order or judgment is carried out and shall award
line 34 reasonable attorney’s fees and costs of suit to the plaintiff or
line 35 petitioner, except under extraordinary circumstances in which the
line 36 court finds that awarding fees would not further the purposes of
line 37 this section.
line 38 (B) (i) Upon a determination that the local agency has failed
line 39 to comply with the order or judgment compelling compliance with
line 40 this section within 60 days issued pursuant to subparagraph (A),
95
SB 50 — 29 — B-29
line 1 the court shall impose fines on a local agency that has violated this
line 2 section and require the local agency to deposit any fine levied
line 3 pursuant to this subdivision into a local housing trust fund. The
line 4 local agency may elect to instead deposit the fine into the Building
line 5 Homes and Jobs Trust Fund, if Senate Bill 2 of the 2017–18
line 6 Regular Session is enacted, or otherwise in the Housing
line 7 Rehabilitation Loan Fund. The fine shall be in a minimum amount
line 8 of ten thousand dollars ($10,000) per housing unit in the housing
line 9 development project on the date the application was deemed
line 10 complete pursuant to Section 65943. In determining the amount
line 11 of fine to impose, the court shall consider the local agency’s
line 12 progress in attaining its target allocation of the regional housing
line 13 need pursuant to Section 65584 and any prior violations of this
line 14 section. Fines shall not be paid out of funds already dedicated to
line 15 affordable housing, including, but not limited to, Low and
line 16 Moderate Income Housing Asset Funds, funds dedicated to housing
line 17 for very low, low-, and moderate-income households, and federal
line 18 HOME Investment Partnerships Program and Community
line 19 Development Block Grant Program funds. The local agency shall
line 20 commit and expend the money in the local housing trust fund
line 21 within five years for the sole purpose of financing newly
line 22 constructed housing units affordable to extremely low, very low,
line 23 or low-income households. After five years, if the funds have not
line 24 been expended, the money shall revert to the state and be deposited
line 25 in the Building Homes and Jobs Trust Fund, if Senate Bill 2 of the
line 26 2017–18 Regular Session is enacted, or otherwise in the Housing
line 27 Rehabilitation Loan Fund, for the sole purpose of financing newly
line 28 constructed housing units affordable to extremely low, very low,
line 29 or low-income households.
line 30 (ii) If any money derived from a fine imposed pursuant to this
line 31 subparagraph is deposited in the Housing Rehabilitation Loan
line 32 Fund, then, notwithstanding Section 50661 of the Health and Safety
line 33 Code, that money shall be available only upon appropriation by
line 34 the Legislature.
line 35 (C) If the court determines that its order or judgment has not
line 36 been carried out within 60 days, the court may issue further orders
line 37 as provided by law to ensure that the purposes and policies of this
line 38 section are fulfilled, including, but not limited to, an order to vacate
line 39 the decision of the local agency and to approve the housing
line 40 development project, in which case the application for the housing
95
— 30 — SB 50 B-30
line 1 development project, as proposed by the applicant at the time the
line 2 local agency took the initial action determined to be in violation
line 3 of this section, along with any standard conditions determined by
line 4 the court to be generally imposed by the local agency on similar
line 5 projects, shall be deemed to be approved unless the applicant
line 6 consents to a different decision or action by the local agency.
line 7 (2) For purposes of this subdivision, “housing organization”
line 8 means a trade or industry group whose local members are primarily
line 9 engaged in the construction or management of housing units or a
line 10 nonprofit organization whose mission includes providing or
line 11 advocating for increased access to housing for low-income
line 12 households and have filed written or oral comments with the local
line 13 agency prior to action on the housing development project. A
line 14 housing organization may only file an action pursuant to this
line 15 section to challenge the disapproval of a housing development by
line 16 a local agency. A housing organization shall be entitled to
line 17 reasonable attorney’s fees and costs if it is the prevailing party in
line 18 an action to enforce this section.
line 19 (l) If the court finds that the local agency (1) acted in bad faith
line 20 when it disapproved or conditionally approved the housing
line 21 development or emergency shelter in violation of this section and
line 22 (2) failed to carry out the court’s order or judgment within 60 days
line 23 as described in subdivision (k), the court, in addition to any other
line 24 remedies provided by this section, shall multiply the fine
line 25 determined pursuant to subparagraph (B) of paragraph (1) of
line 26 subdivision (k) by a factor of five. For purposes of this section,
line 27 “bad faith” includes, but is not limited to, an action that is frivolous
line 28 or otherwise entirely without merit.
line 29 (m) Any action brought to enforce the provisions of this section
line 30 shall be brought pursuant to Section 1094.5 of the Code of Civil
line 31 Procedure, and the local agency shall prepare and certify the record
line 32 of proceedings in accordance with subdivision (c) of Section 1094.6
line 33 of the Code of Civil Procedure no later than 30 days after the
line 34 petition is served, provided that the cost of preparation of the record
line 35 shall be borne by the local agency, unless the petitioner elects to
line 36 prepare the record as provided in subdivision (n) of this section.
line 37 A petition to enforce the provisions of this section shall be filed
line 38 and served no later than 90 days from the later of (1) the effective
line 39 date of a decision of the local agency imposing conditions on,
line 40 disapproving, or any other final action on a housing development
95
SB 50 — 31 — B-31
line 1 project or (2) the expiration of the time periods specified in
line 2 subparagraph (B) of paragraph (5) of subdivision (h). Upon entry
line 3 of the trial court’s order, a party may, in order to obtain appellate
line 4 review of the order, file a petition within 20 days after service
line 5 upon it of a written notice of the entry of the order, or within such
line 6 further time not exceeding an additional 20 days as the trial court
line 7 may for good cause allow, or may appeal the judgment or order
line 8 of the trial court under Section 904.1 of the Code of Civil
line 9 Procedure. If the local agency appeals the judgment of the trial
line 10 court, the local agency shall post a bond, in an amount to be
line 11 determined by the court, to the benefit of the plaintiff if the plaintiff
line 12 is the project applicant.
line 13 (n) In any action, the record of the proceedings before the local
line 14 agency shall be filed as expeditiously as possible and,
line 15 notwithstanding Section 1094.6 of the Code of Civil Procedure or
line 16 subdivision (m) of this section, all or part of the record may be
line 17 prepared (1) by the petitioner with the petition or petitioner’s points
line 18 and authorities, (2) by the respondent with respondent’s points and
line 19 authorities, (3) after payment of costs by the petitioner, or (4) as
line 20 otherwise directed by the court. If the expense of preparing the
line 21 record has been borne by the petitioner and the petitioner is the
line 22 prevailing party, the expense shall be taxable as costs.
line 23 (o) (1) Subject to paragraphs (2), (6), and (7), and subdivision
line 24 (d) of Section 65941.1, a housing development project shall be
line 25 subject only to the ordinances, policies, and standards adopted and
line 26 in effect when a preliminary application including all of the
line 27 information required by subdivision (a) of Section 65941.1 was
line 28 submitted.
line 29 (2) Paragraph (1) shall not prohibit a housing development
line 30 project from being subject to ordinances, policies, and standards
line 31 adopted after the preliminary application was submitted pursuant
line 32 to Section 65941.1 in the following circumstances:
line 33 (A) In the case of a fee, charge, or other monetary exaction, to
line 34 an increase resulting from an automatic annual adjustment based
line 35 on an independently published cost index that is referenced in the
line 36 ordinance or resolution establishing the fee or other monetary
line 37 exaction.
line 38 (B) A preponderance of the evidence in the record establishes
line 39 that subjecting the housing development project to an ordinance,
line 40 policy, or standard beyond those in effect when a preliminary
95
— 32 — SB 50 B-32
line 1 application was submitted is necessary to mitigate or avoid a
line 2 specific, adverse impact upon the public health or safety, as defined
line 3 in subparagraph (A) of paragraph (1) of subdivision (j), and there
line 4 is no feasible alternative method to satisfactorily mitigate or avoid
line 5 the adverse impact.
line 6 (C) Subjecting the housing development project to an ordinance,
line 7 policy, standard, or any other measure, beyond those in effect when
line 8 a preliminary application was submitted is necessary to avoid or
line 9 substantially lessen an impact of the project under the California
line 10 Environmental Quality Act (Division 13 (commencing with Section
line 11 21000) of the Public Resources Code).
line 12 (D) The housing development project has not commenced
line 13 construction within two and one-half years following the date that
line 14 the project received final approval. For purposes of this
line 15 subparagraph, “final approval” means that the housing development
line 16 project has received all necessary approvals to be eligible to apply
line 17 for, and obtain, a building permit or permits and either of the
line 18 following is met:
line 19 (i) The expiration of all applicable appeal periods, petition
line 20 periods, reconsideration periods, or statute of limitations for
line 21 challenging that final approval without an appeal, petition, request
line 22 for reconsideration, or legal challenge having been filed.
line 23 (ii) If a challenge is filed, that challenge is fully resolved or
line 24 settled in favor of the housing development project.
line 25 (E) The housing development project is revised following
line 26 submittal of a preliminary application pursuant to Section 65941.1
line 27 such that the number of residential units or square footage of
line 28 construction changes by 20 percent or more, exclusive of any
line 29 increase resulting from the receipt of a density bonus, incentive,
line 30 concession, waiver, or similar provision. For purposes of this
line 31 subdivision, “square footage of construction” means the building
line 32 area, as defined by the California Building Standards Code (Title
line 33 24 of the California Code of Regulations).
line 34 (3) This subdivision does not prevent a local agency from
line 35 subjecting the additional units or square footage of construction
line 36 that result from project revisions occurring after a preliminary
line 37 application is submitted pursuant to Section 65941.1 to the
line 38 ordinances, policies, and standards adopted and in effect when the
line 39 preliminary application was submitted.
95
SB 50 — 33 — B-33
line 1 (4) For purposes of this subdivision, “ordinances, policies, and
line 2 standards” includes general plan, community plan, specific plan,
line 3 zoning, design review standards and criteria, subdivision standards
line 4 and criteria, and any other rules, regulations, requirements, and
line 5 policies of a local agency, as defined in Section 66000, including
line 6 those relating to development impact fees, capacity or connection
line 7 fees or charges, permit or processing fees, and other exactions.
line 8 (5) This subdivision shall not be construed in a manner that
line 9 would lessen the restrictions imposed on a local agency, or lessen
line 10 the protections afforded to a housing development project, that are
line 11 established by any other law, including any other part of this
line 12 section.
line 13 (6) This subdivision shall not restrict the authority of a public
line 14 agency or local agency to require mitigation measures to lessen
line 15 the impacts of a housing development project under the California
line 16 Environmental Quality Act (Division 13 (commencing with Section
line 17 21000) of the Public Resources Code).
line 18 (7) With respect to completed residential units for which the
line 19 project approval process is complete and a certificate of occupancy
line 20 has been issued, nothing in this subdivision shall limit the
line 21 application of later enacted ordinances, policies, and standards
line 22 that regulate the use and occupancy of those residential units, such
line 23 as ordinances relating to rental housing inspection, rent
line 24 stabilization, restrictions on short-term renting, and business
line 25 licensing requirements for owners of rental housing.
line 26 (8) This subdivision shall become inoperative on January 1,
line 27 2025.
line 28 (p) This section shall be known, and may be cited, as the
line 29 Housing Accountability Act.
line 30 SEC. 2. Section 65913.5 is added to the Government Code, to
line 31 read:
line 32 65913.5. For purposes of this section and Section 65913.6, the
line 33 following definitions shall apply:
line 34 (a) “Development proponent” means the developer who submits
line 35 an application for streamlined approval pursuant to Section
line 36 65913.6.
line 37 (b) “Eligible parcel” means a parcel that meets all of the
line 38 following requirements:
line 39 (1) The parcel is not located on a site that is on a coastal zone,
line 40 as defined in Division 20 (commencing with Section 30000) of the
95
— 34 — SB 50 B-34
line 1 Public Resources Code, unless the local agency has a population
line 2 of 50,000 or more, based on the most recent United States Census
line 3 Bureau data.
line 4 (1)
line 5 (2) The parcel satisfies the requirements specified in paragraph
line 6 (2) of subdivision (a) of Section 65913.4.
line 7 (3) The parcel satisfies the requirements specified in
line 8 subparagraphs (B) to (K), inclusive, of paragraph (6) of
line 9 subdivision (a) of Section 65913.4.
line 10 (2) The parcel is not located on a site that is any of the following:
line 11 (A) A coastal zone, as defined in Division 20 (commencing
line 12 with Section 30000) of the Public Resources Code, unless the local
line 13 agency has a population of 50,000 or more, based on the most
line 14 recent United States Census Bureau data.
line 15 (B) Either prime farmland or farmland of statewide importance,
line 16 as defined pursuant to United States Department of Agriculture
line 17 land inventory and monitoring criteria, as modified for California,
line 18 and designated on the maps prepared by the Farmland Mapping
line 19 and Monitoring Program of the Department of Conservation, or
line 20 land zoned or designated for agricultural protection or preservation
line 21 by a local ballot measure that was approved by the voters of that
line 22 jurisdiction.
line 23 (C) Wetlands, as defined in the United States Fish and Wildlife
line 24 Service Manual, Part 660 FW 2 (June 21, 1993).
line 25 (D) Within a very high fire hazard severity zone, as determined
line 26 by the Department of Forestry and Fire Protection pursuant to
line 27 Section 51178, or within a high or very high fire hazard severity
line 28 zone as indicated on maps adopted by the Department of Forestry
line 29 and Fire Protection pursuant to Section 4202 of the Public
line 30 Resources Code. A parcel is not ineligible within the meaning of
line 31 this subparagraph if it is either:
line 32 (i) A site excluded from the specified hazard zones by a local
line 33 agency, pursuant to subdivision (b) of Section 51179.
line 34 (ii) A site that has adopted fire hazard mitigation measures
line 35 pursuant to existing building standards or state fire mitigation
line 36 measures applicable to the development.
line 37 (E) A hazardous waste site that is listed pursuant to Section
line 38 65962.5 or a hazardous waste site designated by the Department
line 39 of Toxic Substances Control pursuant to Section 25356 of the
line 40 Health and Safety Code, unless the Department of Toxic
95
SB 50 — 35 — B-35
line 1 Substances Control has cleared the site for residential use or
line 2 residential mixed uses.
line 3 (F) Within a delineated earthquake fault zone as determined by
line 4 the State Geologist in any official maps published by the State
line 5 Geologist, unless the development complies with applicable seismic
line 6 protection building code standards adopted by the California
line 7 Building Standards Commission under the California Building
line 8 Standards Law (Part 2.5 (commencing with Section 18901) of
line 9 Division 13 of the Health and Safety Code), and by any local
line 10 building department under Chapter 12.2 (commencing with Section
line 11 8875) of Division 1 of Title 2.
line 12 (G) Within a special flood hazard area subject to inundation by
line 13 the 1 percent annual chance flood (100-year flood) as determined
line 14 by the Federal Emergency Management Agency in any official
line 15 maps published by the Federal Emergency Management Agency.
line 16 If a development proponent is able to satisfy all applicable federal
line 17 qualifying criteria in order to provide that the site satisfies this
line 18 subparagraph and is otherwise eligible for streamlined approval
line 19 under this section, a local government shall not deny the application
line 20 on the basis that the development proponent did not comply with
line 21 any additional permit requirement, standard, or action adopted by
line 22 that local government that is applicable to that site. A development
line 23 may be located on a site described in this subparagraph if either
line 24 of the following are met:
line 25 (i) The site has been subject to a Letter of Map Revision
line 26 prepared by the Federal Emergency Management Agency and
line 27 issued to the local jurisdiction.
line 28 (ii) The site meets Federal Emergency Management Agency
line 29 requirements necessary to meet minimum flood plain management
line 30 criteria of the National Flood Insurance Program pursuant to Part
line 31 59 (commencing with Section 59.1) and Part 60 (commencing
line 32 with Section 60.1) of Subchapter B of Chapter I of Title 44 of the
line 33 Code of Federal Regulations.
line 34 (H) Within a regulatory floodway as determined by the Federal
line 35 Emergency Management Agency in any official maps published
line 36 by the Federal Emergency Management Agency, unless the
line 37 development has received a no-rise certification in accordance
line 38 with Section 60.3(d)(3) of Title 44 of the Code of Federal
line 39 Regulations. If a development proponent is able to satisfy all
line 40 applicable federal qualifying criteria in order to provide that the
95
— 36 — SB 50 B-36
line 1 site satisfies this subparagraph and is otherwise eligible for
line 2 streamlined approval under this section, a local government shall
line 3 not deny the application on the basis that the development
line 4 proponent did not comply with any additional permit requirement,
line 5 standard, or action adopted by that local government that is
line 6 applicable to that site.
line 7 (I) Lands identified for conservation in any of the following:
line 8 (i) An adopted natural community conservation plan pursuant
line 9 to the Natural Community Conservation Planning Act (Chapter
line 10 10 (commencing with Section 2800) of Division 3 of the Fish and
line 11 Game Code).
line 12 (ii) A habitat conservation plan pursuant to the federal
line 13 Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.).
line 14 (iii) Any other adopted natural resource protection plan.
line 15 (J) Habitat for protected species identified as candidate,
line 16 sensitive, or species of special status by state or federal agencies,
line 17 fully protected species, or species protected by any of the
line 18 following:
line 19 (i) The federal Endangered Species Act of 1973 (16 U.S.C. Sec.
line 20 1531 et seq.).
line 21 (ii) The California Endangered Species Act (Chapter 1.5
line 22 (commencing with Section 2050) of Division 3 of the Fish and
line 23 Game Code).
line 24 (iii) The Native Plant Protection Act (Chapter 10 (commencing
line 25 with Section 1900) of Division 2 of the Fish and Game Code).
line 26 (K) Lands under conservation easement.
line 27 (3)
line 28 (4) The development of the project on the proposed parcel would
line 29 not require the demolition or alteration of any of the following
line 30 types of housing:
line 31 (A) Housing that is subject to a recorded covenant, ordinance,
line 32 or law that restricts rents to levels affordable to persons and
line 33 families of moderate, low, or very low income.
line 34 (B) Housing that is subject to any form of rent or price control
line 35 through a public entity’s valid exercise of its police power.
line 36 (C) Housing occupied by tenants, as that term is defined in
line 37 subdivision (l) of Section 65918.50, within the seven years
line 38 preceding the date of the application, including housing that has
line 39 been demolished or that tenants have vacated before the application
line 40 for a development permit.
95
SB 50 — 37 — B-37
line 1 (D) A parcel or parcels on which an owner of residential real
line 2 property has exercised their rights under Chapter 12.75
line 3 (commencing with Section 7060) of Division 7 of Title 1 to
line 4 withdraw accommodations from rent or lease within 15 years
line 5 before the date that the development proponent submits an
line 6 application pursuant to Section 65913.6.
line 7 (4)
line 8 (5) The development of the project on the proposed parcel would
line 9 not require the demolition of a historic structure that was placed
line 10 on a national, state, or local historic register.
line 11 (c) “Local agency” means a city, including a charter city, a
line 12 county, including a charter county, or a city and county, including
line 13 a charter city and county.
line 14 (d) “Neighborhood multifamily project” means a project to
line 15 construct a multifamily structure of up to four residential dwelling
line 16 units that meets all of the following requirements:
line 17 (1) The project meets one of the following conditions:
line 18 (A) The parcel or parcels on which the neighborhood
line 19 multifamily project would be located is vacant land, as defined in
line 20 subdivision (e).
line 21 (B) If the project is a conversion of an existing structure, the
line 22 conversion shall not require substantial exterior alteration. For the
line 23 purposes of this subparagraph, a project requires “substantial
line 24 exterior alteration” if the project would require either of the
line 25 following:
line 26 (i) The demolition of 25 percent or more of the existing exterior
line 27 vertical walls, measured by linear feet.
line 28 (ii) Any building addition that would increase total interior
line 29 square footage by more than 15 percent.
line 30 (2) (A) The neighborhood multifamily project shall meet all
line 31 objective zoning standards and objective design review standards
line 32 that do not conflict with this section or Section 65913.6. If, on or
line 33 after July 1, 2019, a local agency adopts an ordinance that
line 34 eliminates zoning designations permissive to residential use or
line 35 decreases residential zoning development capacity within an
line 36 existing zoning district in which the development is located than
line 37 what was authorized on July 1, 2019, then that development shall
line 38 be deemed to be consistent with any applicable requirement of this
line 39 section and Section 65913.6 if it complies with zoning designations
95
— 38 — SB 50 B-38
line 1 not in conflict with this section and Section 65913.6 that were
line 2 authorized as of July 1, 2019.
line 3 (B) For purposes of this paragraph, “objective zoning standards”
line 4 and “objective design review standards” means standards that
line 5 involve no personal or subjective judgment by a public official
line 6 and are uniformly verifiable by reference to an external and
line 7 uniform benchmark or criterion available and knowable by both
line 8 the development proponent and the public official before the
line 9 development proponent submits an application pursuant to this
line 10 section. These standards include, but are not limited to, height,
line 11 setbacks, floor area ratio, and lot coverage. For purposes of this
line 12 section and Section 65913.6, “objective zoning standard” does not
line 13 include any limits related to residential density that would limit a
line 14 development to fewer than four residential units per parcel.
line 15 (3) A local agency may require the neighborhood multifamily
line 16 project to provide at least 0.5 parking spaces per unit.
line 17 (e) “Vacant land” means either of the following:
line 18 (1) A property that contains no existing structures.
line 19 (2) A property that contains at least one existing structure, but
line 20 the structure or structures have been unoccupied for at least five
line 21 years and are considered substandard as defined by Section 17920.3
line 22 of the Health and Safety Code.
line 23 SEC. 3. Section 65913.6 is added to the Government Code, to
line 24 read:
line 25 65913.6. (a) For purposes of this section, the definitions
line 26 provided in Section 65913.5 shall apply.
line 27 (b) Except as provided in subdivision (g), a development
line 28 proponent of a neighborhood multifamily project on an eligible
line 29 parcel may submit an application for a development to be subject
line 30 to a streamlined, ministerial approval process provided by this
line 31 section and not be subject to a conditional use permit if the
line 32 development meets the requirements of this section and Section
line 33 65913.5.
line 34 (c) (1) If a local agency determines that a development
line 35 submitted pursuant to this section is in conflict with any of the
line 36 requirements specified in this section or Section 65913.5, it shall
line 37 provide the development proponent written documentation of
line 38 which requirement or requirements the development conflicts with,
line 39 and an explanation for the reason or reasons the development
line 40 conflicts with that requirement or requirements, within 60 days of
95
SB 50 — 39 — B-39
line 1 submission of the development to the local agency pursuant to this
line 2 section.
line 3 (2) If the local agency fails to provide the required
line 4 documentation pursuant to paragraph (1), the development shall
line 5 be deemed to satisfy the requirements of this section and Section
line 6 65913.5.
line 7 (d) Any design review or public oversight of the development
line 8 may be conducted by the local agency’s planning commission or
line 9 any equivalent board or commission responsible for review and
line 10 approval of development projects, or the city council or board of
line 11 supervisors, as appropriate. That design review or public oversight
line 12 shall be objective and be strictly focused on assessing compliance
line 13 with criteria required for streamlined projects, as well as any
line 14 reasonable objective design standards published and adopted by
line 15 ordinance or resolution by a local agency before submission of a
line 16 development application, and shall be broadly applicable to
line 17 development within the local agency. That design review or public
line 18 oversight shall be completed within 90 days of submission of the
line 19 development to the local agency pursuant to this section and shall
line 20 not in any way inhibit, chill, or preclude the ministerial approval
line 21 provided by this section or its effect, as applicable.
line 22 (e) Notwithstanding any other law, a local agency, whether or
line 23 not it has adopted an ordinance governing automobile parking
line 24 requirements in multifamily developments, shall not impose
line 25 automobile parking standards for a streamlined development that
line 26 was approved pursuant to this section, including those related to
line 27 orientation or structure of off-street automobile parking, beyond
line 28 those provided in the minimum requirements of Section 65913.5.
line 29 (f) (1) If a local agency approves a development pursuant to
line 30 this section, that approval shall automatically expire after three
line 31 years except that a project may receive a one-time, one-year
line 32 extension if the project proponent provides documentation that
line 33 there has been significant progress toward getting the development
line 34 construction ready. For purposes of this paragraph, “significant
line 35 progress” includes filing a building permit application.
line 36 (2) If a local agency approves a development pursuant to this
line 37 section, that approval shall remain valid for three years from the
line 38 date of the final action establishing that approval and shall remain
line 39 valid thereafter for a project so long as vertical construction of the
line 40 development has begun and is in progress. Additionally, the
95
— 40 — SB 50 B-40
line 1 development proponent may request, and the local agency shall
line 2 have discretion to grant, an additional one-year extension to the
line 3 original three-year period. The local agency’s action and discretion
line 4 in determining whether to grant the foregoing extension shall be
line 5 limited to considerations and process set forth in this section.
line 6 (g) This section shall not apply if the local agency finds that the
line 7 development project as proposed would have a specific, adverse
line 8 impact upon the public health or safety, including, but not limited
line 9 to, fire safety, and there is no feasible method to satisfactorily
line 10 mitigate or avoid the specific adverse impact without rendering
line 11 the development unaffordable to low- and moderate-income
line 12 households. As used in this paragraph, a “specific, adverse impact”
line 13 means a significant, quantifiable, direct, and unavoidable impact,
line 14 based on objective, identified written public health or safety
line 15 standards, policies, or conditions as they existed on the date the
line 16 application was deemed complete. Inconsistency with the zoning
line 17 ordinance or general plan land use designation shall not constitute
line 18 a specific, adverse impact upon the public health or safety.
line 19 (h) A local agency shall not adopt any requirement, including,
line 20 but not limited to, increased fees or inclusionary housing
line 21 requirements, that applies to a project solely or partially on the
line 22 basis that the project is eligible to receive ministerial or streamlined
line 23 approval pursuant to this section.
line 24 (i) This section shall not affect a development proponent’s
line 25 ability to use any alternative streamlined by right permit processing
line 26 adopted by a local agency, including the provisions of subdivision
line 27 (i) of Section 65583.2 or 65913.4.
line 28 SEC. 4. Chapter 4.35 (commencing with Section 65918.50) is
line 29 added to Division 1 of Title 7 of the Government Code, to read:
line 30
line 31 Chapter 4.35. Equitable Communities Incentives
line 32
line 33 65918.50. For purposes of this chapter:
line 34 (a) “Development proponent” means an applicant who submits
line 35 an application for an equitable communities incentive pursuant to
line 36 this chapter.
line 37 (b) “Eligible applicant” means a development proponent who
line 38 receives whose development project meets the requirements of this
line 39 chapter to receive an equitable communities incentive.
line 40 (c) “FAR” means floor area ratio.
95
SB 50 — 41 — B-41
line 1 (d) “High-quality bus corridor” means a corridor with fixed
line 2 route bus service that meets all of the following criteria:
line 3 (1) It has average service intervals for each line and in each
line 4 direction of no more than 10 minutes during the three peak hours
line 5 between 6 a.m. to 10 a.m., inclusive, and the three peak hours
line 6 between 3 p.m. to 7 p.m., inclusive, on Monday through Friday.
line 7 (2) It has average service intervals for each line and in each
line 8 direction of no more than 20 minutes during the hours of 6 a.m.
line 9 to 10 p.m., inclusive, on Monday through Friday.
line 10 (3) It has average service intervals for each line and in each
line 11 direction of no more than 30 minutes during the hours of 8 a.m.
line 12 to 10 p.m., inclusive, on Saturday and Sunday.
line 13 (4) It has met the criteria specified in paragraphs (1) to (3),
line 14 inclusive, for the five years preceding the date that a development
line 15 proponent submits an application for approval of a residential
line 16 development.
line 17 (e) (1) “Jobs-rich area” means an area identified by the
line 18 Department of Housing and Community Development in
line 19 consultation with the Office of Planning and Research that is high
line 20 opportunity and either is jobs rich or would enable shorter commute
line 21 distances based on whether, in a regional analysis, the tract meets
line 22 both of the following:
line 23 (A) The tract is high opportunity, meaning its characteristics
line 24 are associated with positive educational and economic outcomes
line 25 for households of all income levels residing in the tract.
line 26 (B) The tract meets either of the following criteria:
line 27 (i) New housing sited in the tract would enable residents to live
line 28 near more jobs than is typical for tracts in the region.
line 29 (ii) New housing sited in the tract would enable shorter commute
line 30 distances for residents, relative to existing commute patterns and
line 31 jobs-housing fit.
line 32 (2) The Department of Housing and Community Development
line 33 shall, commencing on January 1, 2020, 2021, publish and update,
line 34 every five years thereafter, a map of the state showing the areas
line 35 identified by the department as “jobs-rich areas.”
line 36 (f) “Job-rich housing project” means a residential development
line 37 within a jobs-rich area. A residential development shall be deemed
line 38 to be within a jobs-rich area if both of the following apply:
line 39 (1) All parcels within the project have no more than 25 percent
line 40 of their area outside of the jobs-rich area.
95
— 42 — SB 50 B-42
line 1 (2) No more than 10 percent of residential units or 100 units,
line 2 whichever is less, of the development are outside of the jobs-rich
line 3 area.
line 4 (g) “Local government” means a city, including a charter city,
line 5 a county, or a city and county.
line 6 (h) “Major transit stop” means a rail transit station or a ferry
line 7 terminal that is a major transit stop pursuant to subdivision (b) of
line 8 Section 21155 of the Public Resources Code.
line 9 (i) “Potentially sensitive community” means any of the
line 10 following:
line 11 (1) An area that is designated as “high segregation and poverty”
line 12 or “low resource” on the 2019 Opportunity Maps developed by
line 13 the California Tax Credit Allocation Committee.
line 14 (2) A census tract that is in the top 25 percent scoring census
line 15 tracts from the internet-based CalEnviroScreen 3.0 tool.
line 16 (3) A qualified census tract identified by the United States
line 17 Department of Housing and Urban Development for 2019.
line 18 (4) It is the intent of the Legislature to consider all both of the
line 19 following:
line 20 (A) Identifying additional communities as potentially sensitive
line 21 communities in inland areas, areas experiencing rapid change in
line 22 housing cost, and other areas based on objective measures of
line 23 community sensitivity.
line 24 (B) Application of the process for determining sensitive
line 25 communities established in subdivision (d) of Section 65918.55
line 26 to the San Francisco Bay area.
line 27 (j) “Residential development” means a project with at least
line 28 two-thirds of the square footage of the development designated
line 29 for residential use.
line 30 (k) “Sensitive community” means either of the following:
line 31 (1) Except as provided in paragraph (2), an area identified
line 32 pursuant to subdivision (d) (b) of Section 65918.55. 65918.58.
line 33 (2) In the Counties of Alameda, Contra Costa, Marin, Napa,
line 34 Santa Clara, San Francisco, San Mateo, Solano, and Sonoma, areas
line 35 designated by the Metropolitan Transportation Commission on
line 36 December 19, 2018, as the intersection of disadvantaged and
line 37 vulnerable communities as defined by the Metropolitan
line 38 Transportation Commission and the San Francisco Bay
line 39 Conservation and Development Commission, which identification
95
SB 50 — 43 — B-43
line 1 of a sensitive community shall be updated at least every five years
line 2 by the Department of Housing and Community Development.
line 3 (l) “Tenant” means a person who does not own the property
line 4 where they reside, including residential situations that are any of
line 5 the following:
line 6 (1) Residential real property rented by the person under a
line 7 long-term lease.
line 8 (2) A single-room occupancy unit.
line 9 (3) An accessory dwelling unit that is not subject to, or does
line 10 not have a valid permit in accordance with, an ordinance adopted
line 11 by a local agency pursuant to Section 65852.2.
line 12 (4) A residential motel.
line 13 (5) A mobilehome park, as governed under the Mobilehome
line 14 Residency Law (Chapter 2.5 (commencing with Section 798) of
line 15 Title 2 of Part 2 of Division 2 of the Civil Code), the Recreational
line 16 Vehicle Park Occupancy Law (Chapter 2.6 (commencing with
line 17 Section 799.20) of Title 2 of Part 2 of Division 2 of the Civil Code),
line 18 the Mobilehome Parks Act (Part 2.1 (commencing with Section
line 19 18200) of Division 13 of the Health and Safety Code), or the
line 20 Special Occupancy Parks Act (Part 2.3 (commencing with Section
line 21 18860) of Division 13 of the Health and Safety Code).
line 22 (6) Any other type of residential property that is not owned by
line 23 the person or a member of the person’s household, for which the
line 24 person or a member of the person’s household provides payments
line 25 on a regular schedule in exchange for the right to occupy the
line 26 residential property.
line 27 (m) “Transit-rich housing project” means a residential
line 28 development, the parcels of which are all within a one-half mile
line 29 radius of a major transit stop or a one-quarter mile radius of a stop
line 30 on a high-quality bus corridor. A project shall be deemed to be
line 31 within the radius if both of the following apply:
line 32 (1) All parcels within the project have no more than 25 percent
line 33 of their area outside of a one-half mile radius of a major transit
line 34 stop or a one-quarter mile radius of a stop on a high-quality bus
line 35 corridor.
line 36 (2) No more than 10 percent of the residential units or 100 units,
line 37 whichever is less, of the project are outside of a one-half mile
line 38 radius of a major transit stop or a one-quarter mile radius of a stop
line 39 on a high-quality bus corridor.
95
— 44 — SB 50 B-44
line 1 65918.51. A (a) Except as provided in subdivision (b) or
line 2 Section 65918.58, on and after January 1, 2023, a local
line 3 government shall, upon request of a development proponent, grant
line 4 an equitable communities incentive, as specified in Section
line 5 65918.53, Sections 65918.54 and 65918.55, when the development
line 6 proponent seeks and agrees to construct a multifamily residential
line 7 development that satisfies the requirements specified in Section
line 8 65918.52. Sections 65918.52 and 65918.53, and, if applicable,
line 9 Sections 65918.54 and 65918.55.
line 10 (b) A local government shall not be required to grant an
line 11 equitable communities incentive pursuant to subdivision (a) if the
line 12 local government has a local flexibility plan that has been reviewed
line 13 and certified by the Department of Housing and Community
line 14 Development pursuant to Section 65918.59.
line 15 65918.52. In order to be eligible for an equitable communities
line 16 incentive pursuant to this chapter, a A residential development
line 17 shall meet is not eligible for an equitable communities incentive
line 18 pursuant to this chapter unless the residential development meets
line 19 all of the following criteria:
line 20 (a) The residential development is either a job-rich housing
line 21 project or transit-rich housing project.
line 22 (b) The residential development is located on a site that meets
line 23 the following requirements:
line 24 (1) At the time of application, the site is zoned to allow housing
line 25 as an underlying use in the zone, including, but not limited to, a
line 26 residential, mixed-use, or commercial zone, as defined and allowed
line 27 by the local government.
line 28 (2) If the residential development is located within a coastal
line 29 zone, as defined in Division 20 (commencing with Section 30000)
line 30 of the Public Resources Code, the site satisfies the requirements
line 31 specified in paragraph (2) of subdivision (a) of Section 65913.4.
line 32 meets the following conditions:
line 33 (A) The site satisfies the requirements specified in paragraph
line 34 (2) of subdivision (a) of Section 65913.4.
line 35 (B) The site is located in a city that has a population equal to
line 36 or greater than 50,000, based on the most recent United States
line 37 Census Bureau data.
line 38 (3) The site is not located within any of the following:
line 39 (A) A coastal zone, as defined in Division 20 (commencing
line 40 with Section 30000) of the Public Resources Code, if the site is
95
SB 50 — 45 — B-45
line 1 also located in a city that has a population of less than 50,000,
line 2 based on the most recent United States Census Bureau data.
line 3 (B)
line 4 (A) A very high fire hazard severity zone, as determined by the
line 5 Department of Forestry and Fire Protection pursuant to Section
line 6 51178, or within a very high fire hazard severity zone as indicated
line 7 on maps adopted by the Department of Forestry and Fire Protection
line 8 pursuant to Section 4202 of the Public Resources Code. A parcel
line 9 is not ineligible within the meaning of this paragraph if it is either
line 10 of the following:
line 11 (i) A site excluded from the specified hazard zones by a local
line 12 agency, pursuant to subdivision (b) of Section 51179.
line 13 (ii) A site that has adopted fire hazard mitigation measures
line 14 pursuant to existing building standards or state fire mitigation
line 15 measures applicable to the development.
line 16 (C)
line 17 (B) A parcel for which either of the following apply:
line 18 (i) The parcel is a contributing parcel within a historic district
line 19 established by an ordinance of the local government that was in
line 20 effect as of December 31, 2010.
line 21 (ii) The parcel includes a structure that was listed on a state or
line 22 federal register of historic resources before the date that the
line 23 development proponent first submits an application for an equitable
line 24 communities incentive pursuant to this chapter.
line 25 (c) If the residential development is located within a county that
line 26 has a population equal to or less than 600,000, based on the most
line 27 recent United States Census Bureau data, the residential
line 28 development satisfies all of the following additional requirements:
line 29 (1) The site satisfies the requirements specified in paragraph
line 30 (2) of subdivision (a) of Section 65913.4.
line 31 (2) The site is not located within either of the following:
line 32 (A) An architecturally or historically significant historic district,
line 33 as defined in subdivision (h) of Section 5020.1 of the Public
line 34 Resources Code.
line 35 (B) A special flood hazard area subject to inundation by the 1
line 36 percent annual chance flood (100-year flood) as determined by
line 37 the Federal Emergency Management Agency in any official maps
line 38 published by the Federal Emergency Management Agency. If a
line 39 development proponent is able to satisfy all applicable federal
line 40 qualifying criteria in order to provide that the site satisfies this
95
— 46 — SB 50 B-46
line 1 subparagraph and is otherwise eligible for streamlined approval
line 2 under this section, a local government shall not deny the application
line 3 on the basis that the development proponent did not comply with
line 4 any additional permit requirement, standard, or action adopted by
line 5 that local government that is applicable to that site. A development
line 6 may be located on a site described in this subparagraph if either
line 7 of the following are met:
line 8 (i) The site has been subject to a Letter of Map Revision
line 9 prepared by the Federal Emergency Management Agency and
line 10 issued to the local jurisdiction.
line 11 (ii) The site meets Federal Emergency Management Agency
line 12 requirements necessary to meet minimum flood plain management
line 13 criteria of the National Flood Insurance Program pursuant to Part
line 14 59 (commencing with Section 59.1) and Part 60 (commencing
line 15 with Section 60.1) of Subchapter B of Chapter I of Title 44 of the
line 16 Code of Federal Regulations.
line 17 (3) The residential development has a minimum density of 30
line 18 dwelling units per acre in jurisdictions considered metropolitan,
line 19 as defined in subdivision (f) of Section 65583.2, or a minimum
line 20 density of 20 dwelling units per acre in jurisdictions considered
line 21 suburban, as defined in subdivision (e) of Section 65583.2.
line 22 (4) The residential development is located within a one-half
line 23 mile radius of a major transit stop and within a city with a
line 24 population greater than 50,000.
line 25 (d) (1) If the local government has adopted an inclusionary
line 26 housing ordinance requiring that the development include a certain
line 27 number of units affordable to households with incomes that do not
line 28 exceed the limits for moderate income, lower income, very low
line 29 income, or extremely low income specified in Sections 50079.5,
line 30 50093, 50105, and 50106 of the Health and Safety Code, and that
line 31 ordinance requires that a new development include levels of
line 32 affordable housing in excess of the requirements specified in
line 33 paragraph (2), the residential development complies with that
line 34 ordinance. The ordinance may provide alternative means of
line 35 compliance that may include, but are not limited to, in-lieu fees,
line 36 land dedication, offsite construction, or acquisition and
line 37 rehabilitation of existing units.
line 38 (2) (A) If the local government has not adopted an inclusionary
line 39 housing ordinance, as described in paragraph (1), the residential
line 40 development includes an affordable housing contribution for
95
SB 50 — 47 — B-47
line 1 households with incomes that do not exceed the limits for
line 2 extremely low income, very low income, and low income specified
line 3 in Sections 50093, 50105, and 50106 of the Health and Safety
line 4 Code.
line 5 (B) For purposes of this paragraph, the residential development
line 6 is subject to one of the following, as applicable:
line 7 (i) If the project has 10 or fewer units, no affordability
line 8 contribution is imposed.
line 9 (ii) If the project has 11 to 20 residential units, the development
line 10 proponent may pay an in-lieu fee to the local government for
line 11 affordable housing, where feasible, pursuant to subparagraph (C).
line 12 (iii) If the project has more than 20 residential units, the
line 13 development proponent shall do either of the following:
line 14 (I) Make a comparable affordability contribution toward housing
line 15 offsite that is affordable to lower income households, pursuant to
line 16 subparagraph (C).
line 17 (II) Include units on the site of the project that are affordable
line 18 to extremely low income, very low income, or lower income
line 19 households, as defined in Sections 50079.5, 50105, and 50106 of
line 20 the Health and Safety Code, as follows:
line 21
line 22 Inclusionary Requirement Project Size
line 23 15% lower income; or
line 24 8% very low income; or
21– 200 units
line 25 6% extremely low income
line 26 17% lower income; or
line 27 10% very low income; or
201–350 units
line 28 8% extremely low income
line 29 25% lower income; or
line 30 15% very low income; or
351 or more units
line 31 11% extremely low income
line 32
line 33 (C) (i) The development proponent of a project that qualifies
line 34 pursuant to clause (ii) or subclause (I) of clause (iii) of
line 35 subparagraph (B) may make a comparable affordability
line 36 contribution toward housing offsite that is affordable to lower
line 37 income households, pursuant to this subparagraph.
line 38 (ii) For the purposes of this subparagraph, “comparable
line 39 affordability contribution” means either a dedication of land or
line 40 direct in-lieu fee payment to a housing provider that proposes to
95
— 48 — SB 50 B-48
line 1 build a residential development in which 100 percent of the units,
line 2 excluding manager’s units, are sold or rented at affordable housing
line 3 cost, as defined in Section 50052.5 of the Health and Safety Code,
line 4 or affordable rent, as defined in Section 50053 of the Health and
line 5 Safety Code, subject to all of the following conditions:
line 6 (I) The site, and if applicable, the dedicated land, is located
line 7 within a one-half mile of the qualifying project.
line 8 (II) The site, and if applicable, the dedicated land, is eligible
line 9 for an equitable communities incentive.
line 10 (III) The residential development that receives a dedication of
line 11 land or in-lieu fee payment pursuant to this paragraph provides
line 12 the same number of affordable units at the same income category,
line 13 which would have been required onsite for the qualifying project
line 14 pursuant to subclause (II) of clause (iii) of subparagraph (B) of
line 15 paragraph (2).
line 16 (IV) The value of the dedicated land or in-lieu fee payment must
line 17 be at least equal to the capitalized value of the forgone revenue
line 18 that the development proponent would have incurred if the
line 19 qualifying project had provided the required number and type of
line 20 affordable units onsite.
line 21 (V) If the qualifying project includes 21 or more units of
line 22 housing, the comparable affordability contribution is subject to a
line 23 recorded covenant with the local jurisdiction. A copy of the
line 24 covenant shall be provided to the Department of Housing and
line 25 Community Development.
line 26 (iii) For the purposes of this subparagraph, “qualifying project”
line 27 means a project that receives an equitable communities incentive
line 28 by providing a comparable affordability contribution.
line 29 (iv) The qualifying development shall not be issued a certificate
line 30 of occupancy before the residential development receiving a
line 31 dedication of land or direct in-lieu fee payment pursuant to this
line 32 subparagraph receives a building permit.
line 33 (D) Affordability of units pursuant to this paragraph shall be
line 34 restricted by deed for a period of 55 years for rental units or 45
line 35 years for units offered for sale.
line 36 (e)
line 37 (c) The site does not contain, or has not contained, either of the
line 38 following:
line 39 (1) Housing occupied by tenants within the seven years
line 40 preceding the date of the application, including housing that has
95
SB 50 — 49 — B-49
line 1 been demolished or that tenants have vacated prior to the
line 2 application for a development permit.
line 3 (2) A parcel or parcels on which an owner of residential real
line 4 property has exercised their rights under Chapter 12.75
line 5 (commencing with Section 7060) of Division 7 of Title 1 to
line 6 withdraw accommodations from rent or lease within 15 years prior
line 7 to the date that the development proponent submits an application
line 8 pursuant to this chapter.
line 9 (f)
line 10 (d) The residential development complies with all applicable
line 11 labor, construction employment, and wage standards otherwise
line 12 required by law and any other generally applicable requirement
line 13 regarding the approval of a development project, including, but
line 14 not limited to, the local government’s conditional use or other
line 15 discretionary permit approval process, the California
line 16 Environmental Quality Act (Division 13 (commencing with Section
line 17 21000) of the Public Resources Code), or a streamlined approval
line 18 process that includes labor protections.
line 19 (g)
line 20 (e) The residential development complies with all other relevant
line 21 standards, requirements, and prohibitions imposed by the local
line 22 government regarding architectural design, restrictions on or
line 23 oversight of demolition, impact fees, and community benefits
line 24 agreements.
line 25 (h)
line 26 (f) The equitable communities incentive shall not be used to
line 27 undermine the economic feasibility of delivering low-income
line 28 housing under the state density bonus program or a local
line 29 implementation of the state density bonus program, or any locally
line 30 adopted program that puts conditions on new development
line 31 applications on the basis of receiving a zone change or general
line 32 plan amendment in exchange for benefits such as increased
line 33 affordable housing, local hire, or payment of prevailing wages.
line 34 65918.53. (a) (1) Any transit-rich or job-rich housing project
line 35 within a county that has a population greater than 600,000, based
line 36 on the most recent United States Census Bureau data, that meets
line 37 the criteria specified in Section 65918.52 shall receive, upon
line 38 request, an equitable communities incentive as follows:
95
— 50 — SB 50 B-50
line 1 65918.53. A residential development is not eligible for an
line 2 equitable communities incentive pursuant to this chapter unless
line 3 the residential development meets all of the following criteria:
line 4 (a) If the local government has adopted an inclusionary housing
line 5 ordinance requiring that the development include a certain number
line 6 of units affordable to households with incomes that do not exceed
line 7 the limits for moderate income, lower income, very low income,
line 8 or extremely low income specified in Sections 50079.5, 50093,
line 9 50105, and 50106 of the Health and Safety Code, and that
line 10 ordinance requires that a new development include levels of
line 11 affordable housing in excess of the requirements specified in
line 12 paragraph (2), the residential development complies with that
line 13 ordinance. The ordinance may provide alternative means of
line 14 compliance that may include, but are not limited to, in-lieu fees,
line 15 land dedication, offsite construction, or acquisition and
line 16 rehabilitation of existing units.
line 17 (b) (1) If the local government has not adopted an inclusionary
line 18 housing ordinance, as described in subdivision (a), the residential
line 19 development includes an affordable housing contribution for
line 20 households with incomes that do not exceed the limits for extremely
line 21 low income, very low income, and low income specified in Sections
line 22 50093, 50105, and 50106 of the Health and Safety Code.
line 23 (2) For purposes of this subdivision, a residential development
line 24 satisfies the affordable housing contribution requirement of this
line 25 subdivision if the residential development is subject to one of the
line 26 following, as applicable:
line 27 (A) If the project has 10 or fewer units, no affordability
line 28 contribution is imposed.
line 29 (B) If the project has 11 to 20 residential units, the development
line 30 proponent may pay an in-lieu fee to the local government for
line 31 affordable housing, where feasible, pursuant to paragraph (3).
line 32 (C) If the project has more than 20 residential units, the
line 33 development proponent shall do either of the following:
line 34 (i) Make a comparable affordability contribution toward housing
line 35 offsite that is affordable to lower income households, pursuant to
line 36 paragraph (3).
line 37 (ii) Include units on the site of the project that are affordable
line 38 to extremely low income, very low income, or lower income
line 39 households, as defined in Sections 50079.5, 50105, and 50106 of
line 40 the Health and Safety Code, as follows:
95
SB 50 — 51 — B-51
line 1 Inclusionary Requirement Project Size
line 2 15% lower income; or
line 3 8% very low income; or
21–200 units
line 4 6% extremely low income
line 5 17% lower income; or
line 6 10% very low income; or
201–350 units
line 7 8% extremely low income
line 8 25% lower income; or
line 9 15% very low income; or
351 or more units
line 10 11% extremely low income
line 11
line 12 (3) (A) The development proponent of a project that qualifies
line 13 pursuant to subparagraph (B) of, or clause (i) of subparagraph
line 14 (C) of, paragraph (2) may make a comparable affordability
line 15 contribution toward housing offsite that is affordable to lower
line 16 income households, pursuant to this paragraph.
line 17 (B) For the purposes of this paragraph, “comparable
line 18 affordability contribution” means either a dedication of land or
line 19 direct in-lieu fee payment to a housing provider that proposes to
line 20 build a residential development in which 100 percent of the units,
line 21 excluding manager’s units, are sold or rented at affordable housing
line 22 cost, as defined in Section 50052.5 of the Health and Safety Code,
line 23 or affordable rent, as defined in Section 50053 of the Health and
line 24 Safety Code, subject to all of the following conditions:
line 25 (i) The site, and, if applicable, the dedicated land are located
line 26 within a one-half mile of the qualifying project.
line 27 (ii) The site, and, if applicable, the dedicated land are eligible
line 28 for an equitable communities incentive.
line 29 (iii) The residential development that receives a dedication of
line 30 land or in-lieu fee payment pursuant to this paragraph provides
line 31 the same number of affordable units at the same income category
line 32 that would have been required on the site of the qualifying project
line 33 pursuant to clause (ii) of subparagraph (C) of paragraph (2) for
line 34 the qualifying project to be eligible for an equitable community
line 35 incentive if the development proponent did not make a comparable
line 36 affordability contribution.
line 37 (iv) The value of the dedicated land or in-lieu fee payment is at
line 38 least equal to the capitalized value of the forgone revenue that the
line 39 development proponent would have incurred if the qualifying
95
— 52 — SB 50 B-52
line 1 project had provided the required number and type of affordable
line 2 units onsite.
line 3 (v) If the qualifying project includes 21 or more units of housing,
line 4 the comparable affordability contribution is subject to a recorded
line 5 covenant with the local jurisdiction. A copy of the covenant shall
line 6 be provided to the Department of Housing and Community
line 7 Development.
line 8 (C) For the purposes of this paragraph, “qualifying project”
line 9 means a project that receives an equitable communities incentive
line 10 by providing a comparable affordability contribution.
line 11 (D) The qualifying development shall not be issued a certificate
line 12 of occupancy before the residential development receiving a
line 13 dedication of land or direct in-lieu fee payment pursuant to this
line 14 paragraph receives a building permit.
line 15 (4) The affordability of units made affordable to meet the
line 16 requirements of this subdivision shall be restricted by deed for a
line 17 period of 55 years for rental units or 45 years for units offered for
line 18 sale.
line 19 (c) Residents living within one-half mile of the development at
line 20 time of application shall receive priority for the following:
line 21 (1) Forty percent of the affordable housing units in the
line 22 development that are reserved for lower income households.
line 23 (2) Forty percent of the affordable housing units in the
line 24 development that are reserved for very low income households.
line 25 (3) Forty percent of the affordable housing units in the
line 26 development that are reserved for extremely low income
line 27 households.
line 28 65918.54. An eligible applicant that proposes a residential
line 29 development within a county that has a population greater than
line 30 600,000, based on the most recent United States Census Bureau
line 31 data, shall receive, upon request, an equitable communities
line 32 incentive as follows:
line 33 (a) If the residential development is a transit-rich or job-rich
line 34 housing project, the applicant shall receive both of the following:
line 35 (A)
line 36 (1) A waiver from maximum controls on density.
line 37 (B)
line 38 (2) A waiver from minimum automobile parking requirements
line 39 greater than 0.5 automobile parking spots per unit.
line 40 (2) An eligible applicant proposing a
95
SB 50 — 53 — B-53
line 1 (b) If the residential development within a county that has a
line 2 population greater than 600,000, based on the most recent United
line 3 States Census Bureau data, that is located within a one-half mile
line 4 radius, but outside a one-quarter mile radius, of a major transit
line 5 stop stop, the applicant shall receive, in addition to the incentives
line 6 specified in paragraph (1), subdivision (a), waivers from all of the
line 7 following:
line 8 (A)
line 9 (1) Maximum height requirements less than 45 feet.
line 10 (B)
line 11 (2) Any requirement governing the relationship between the
line 12 size of the parcel and the area that the building may occupy that
line 13 would restrict the structure to a FAR of less than 2.5.
line 14 (C)
line 15 (3) Notwithstanding subparagraph (B) of paragraph (1),
line 16 paragraph (2) of subdivision (a), any minimum automobile parking
line 17 requirement.
line 18 (3) An eligible applicant proposing a
line 19 (c) If the residential development within a county that has a
line 20 population greater than 600,000, based on the most recent United
line 21 States Census Bureau data, that is located within a one-quarter
line 22 mile radius of a major transit stop stop, the applicant shall receive,
line 23 in addition to the incentives specified in paragraph (1), subdivision
line 24 (a), waivers from all of the following:
line 25 (A)
line 26 (1) Maximum height requirements less than 55 feet.
line 27 (B)
line 28 (2) Any requirement governing the relationship between the
line 29 size of the parcel and the area that the building may occupy that
line 30 would restrict the structure to a FAR of less than 3.25.
line 31 (C)
line 32 (3) Notwithstanding paragraph (2) of subdivision (a), any
line 33 minimum automobile parking requirement.
line 34 (b) A residential development within a county that has a
line 35 population less than or equal to 600,000, based on the most recent
line 36 United States Census Bureau data, that meets the criteria specified
line 37 in Section 65918.52 shall receive, upon request, an equitable
line 38 communities incentive as follows:
line 39 (1) A waiver from maximum controls on density, subject to
line 40 paragraph (3) of subdivision (c) of Section 65918.52.
95
— 54 — SB 50 B-54
line 1 (2) A waiver from maximum height limitations less than or
line 2 equal to one story, or 15 feet, above the highest allowable height
line 3 for mixed use or residential use. For purposes of this paragraph,
line 4 “highest allowable height” means the tallest height, including
line 5 heights that require conditional approval, allowable pursuant to
line 6 zoning and any specific or area plan that covers the parcel.
line 7 (3) Any requirement governing the relationship between the
line 8 size of the parcel and the area that the building may occupy that
line 9 would restrict the structure to a FAR of less than 0.6 times the
line 10 number of stories proposed for the project.
line 11 (4) A waiver from minimum automobile parking requirements,
line 12 as follows:
line 13 (A) If the residential development is located within a one-quarter
line 14 mile radius of a rail transit station in a city with a population of
line 15 greater than 100,000, based on the most recent United States
line 16 Census Bureau data, the residential development project shall
line 17 receive a waiver from any minimum automobile parking
line 18 requirement.
line 19 (B) If the residential development does not meet the criteria
line 20 specified in clause (i), the residential development project shall
line 21 receive a waiver from minimum automobile parking requirements
line 22 of more than 0.5 parking spaces per unit.
line 23 (c) Notwithstanding any other law, a project that qualifies for
line 24 an equitable communities incentive may also apply for a density
line 25 bonus, incentives or concessions, and parking ratios in accordance
line 26 with subdivision (b) of Section 65915. To calculate a density bonus
line 27 for a project that receives an equitable communities incentive, the
line 28 “otherwise maximum allowable gross residential density” as
line 29 described in subdivision (f) of Section 65915 shall be equal to the
line 30 proposed number of units in, or the proposed square footage of,
line 31 the residential development after applying the equitable
line 32 communities incentive received pursuant to this chapter. In no
line 33 case may a city, county, or city and county apply any development
line 34 standard that will have the effect of physically precluding the
line 35 construction of a development meeting the criteria of this chapter
line 36 and subdivision (b) of Section 65915 at the unit count or square
line 37 footage or with the concessions or incentives permitted by this
line 38 chapter and as may be increased under Section 65915 in accordance
line 39 with this subdivision, but no additional waivers or reductions of
95
SB 50 — 55 — B-55
line 1 development standards, as described in subdivision (e) of Section
line 2 65915 shall be permitted.
line 3 (d) The local government shall grant an incentive requested by
line 4 an eligible applicant pursuant to this chapter unless the local
line 5 government makes a written finding, based on substantial evidence,
line 6 that the incentive would have a specific, adverse impact on any
line 7 real property or historic district that is listed on a federal or state
line 8 register of historical resources and for which there is no feasible
line 9 method to satisfactorily mitigate or avoid the specific, adverse
line 10 impact without rendering the development unaffordable.
line 11 (e) An eligible applicant proposing a project that meets all of
line 12 the requirements under Section 65913.4 may submit an application
line 13 for streamlined, ministerial approval in accordance with that
line 14 section.
line 15 (f) The local government may modify or expand the terms of
line 16 an equitable communities incentive provided pursuant to this
line 17 chapter, provided that the equitable communities incentive is
line 18 consistent with, and meets the minimum standards specified in,
line 19 this chapter.
line 20 65918.55. (a) An eligible applicant that proposes a residential
line 21 development within a county that has a population less than or
line 22 equal to 600,000, based on the most recent United States Census
line 23 Bureau data, that meets all of the requirements in subdivision (b)
line 24 shall receive, upon request, an equitable communities incentive
line 25 as follows:
line 26 (1) A waiver from maximum controls on density.
line 27 (2) A waiver from maximum height limitations less than or equal
line 28 to one story, or 15 feet, above the highest allowable height for
line 29 mixed use or residential use. For purposes of this paragraph,
line 30 “highest allowable height” means the tallest height, including
line 31 heights that require conditional approval, allowable pursuant to
line 32 zoning and any specific or area plan that covers the parcel.
line 33 (3) Any requirement governing the relationship between the
line 34 size of the parcel and the area that the building may occupy that
line 35 would restrict the structure to a FAR of less than 0.6 times the
line 36 number of stories proposed for the project.
line 37 (4) A waiver from minimum automobile parking requirements,
line 38 as follows:
line 39 (A) If the residential development is located within a one-quarter
line 40 mile radius of a rail transit station in a city with a population of
95
— 56 — SB 50 B-56
line 1 greater than 100,000, based on the most recent United States
line 2 Census Bureau data, the residential development project shall
line 3 receive a waiver from any minimum automobile parking
line 4 requirement.
line 5 (B) If the residential development does not meet the criteria
line 6 specified in subparagraph (A), the residential development project
line 7 shall receive a waiver from minimum automobile parking
line 8 requirements of more than 0.5 parking spaces per unit.
line 9 (b) To be eligible for an equitable communities incentive
line 10 outlined in subdivision (a), a residential development shall meet
line 11 all of the following requirements:
line 12 (1) The site satisfies the requirements specified in paragraph
line 13 (2) of subdivision (a) of Section 65913.4.
line 14 (2) The site is not located within either of the following:
line 15 (A) An architecturally or historically significant historic district,
line 16 as defined in subdivision (h) of Section 5020.1 of the Public
line 17 Resources Code.
line 18 (B) A special flood hazard area subject to inundation by the
line 19 1-percent annual chance flood (100-year flood), as determined by
line 20 the Federal Emergency Management Agency in any official maps
line 21 published by the Federal Emergency Management Agency. If a
line 22 development proponent is able to satisfy all applicable federal
line 23 qualifying criteria in order to provide that the site satisfies this
line 24 subparagraph and is otherwise eligible for an equitable
line 25 communities incentive under this chapter, a local government shall
line 26 not deny the application on the basis that the development
line 27 proponent did not comply with any additional permit requirement,
line 28 standard, or action adopted by that local government that is
line 29 applicable to that site. A development may be located on a site
line 30 described in this subparagraph if either of the following are met:
line 31 (i) The site has been subject to a Letter of Map Revision
line 32 prepared by the Federal Emergency Management Agency and
line 33 issued to the local jurisdiction.
line 34 (ii) The site meets Federal Emergency Management Agency
line 35 requirements necessary to meet minimum flood plain management
line 36 criteria of the National Flood Insurance Program pursuant to Part
line 37 59 (commencing with Section 59.1) and Part 60 (commencing with
line 38 Section 60.1) of Subchapter B of Chapter I of Title 44 of the Code
line 39 of Federal Regulations.
95
SB 50 — 57 — B-57
line 1 (3) The residential development has a minimum density of 30
line 2 dwelling units per acre in jurisdictions considered metropolitan,
line 3 as defined in subdivision (f) of Section 65583.2, or a minimum
line 4 density of 20 dwelling units per acre in jurisdictions considered
line 5 suburban, as defined in subdivision (e) of Section 65583.2.
line 6 (4) The residential development is located within a one-half
line 7 mile radius of a major transit stop and within a city with a
line 8 population greater than 50,000.
line 9 (c) Notwithstanding any other law, a project that qualifies for
line 10 an equitable communities incentive may also apply for a density
line 11 bonus, incentives or concessions, and parking ratios in accordance
line 12 with subdivision (b) of Section 65915. To calculate a density bonus
line 13 for a project that receives an equitable communities incentive, the
line 14 “otherwise maximum allowable gross residential density,” as
line 15 described in subdivision (f) of Section 65915, shall be equal to the
line 16 proposed number of units in, or the proposed square footage of,
line 17 the residential development after applying the equitable
line 18 communities incentive received pursuant to this chapter. In no
line 19 case may a city, county, or city and county apply any development
line 20 standard that will have the effect of physically precluding the
line 21 construction of a development meeting the criteria of this chapter
line 22 and subdivision (b) of Section 65915 at the unit count or square
line 23 footage or with the concessions or incentives permitted by this
line 24 chapter and as may be increased under Section 65915 in
line 25 accordance with this subdivision, but no additional waivers or
line 26 reductions of development standards, as described in subdivision
line 27 (e) of Section 65915 shall be permitted.
line 28 65918.56. (a) The local government shall grant an incentive
line 29 requested by an eligible applicant pursuant to this chapter unless
line 30 the local government makes a written finding, based on substantial
line 31 evidence, that the incentive would have a specific, adverse impact
line 32 on any real property or historic district that is listed on a federal
line 33 or state register of historical resources and for which there is no
line 34 feasible method to satisfactorily mitigate or avoid the specific,
line 35 adverse impact without rendering the development unaffordable.
line 36 (b) An eligible applicant proposing a project that meets all of
line 37 the requirements under Section 65913.4 may submit an application
line 38 for streamlined, ministerial approval in accordance with that
line 39 section.
95
— 58 — SB 50 B-58
line 1 (c) The local government may modify or expand the terms of
line 2 an equitable communities incentive provided pursuant to this
line 3 chapter, provided that the equitable communities incentive is
line 4 consistent with, and meets the minimum standards specified in,
line 5 this chapter.
line 6 65918.54.
line 7 65918.57. The Legislature finds and declares that this chapter
line 8 addresses a matter of statewide concern rather than a municipal
line 9 affair as that term is used in Section 5 of Article XI of the
line 10 California Constitution. Therefore, this chapter applies to all cities,
line 11 including charter cities.
line 12 65918.55.
line 13 65918.58. (a) On or before July 1, 2020, 2023, Sections
line 14 65918.51 to 65918.54, inclusive, shall not apply to a potentially
line 15 sensitive community. After July 1, 2020, 2023, Sections 65918.51
line 16 to 65918.54, inclusive, shall apply in any potentially sensitive
line 17 community that is not identified as a sensitive community pursuant
line 18 to subdivision (b).
line 19 (b) On or before July 1, 2020, 2023, sensitive communities in
line 20 each county shall be identified and mapped in accordance with the
line 21 following:
line 22 (1) The council of governments, or the county board of
line 23 supervisors in a county without a council of governments, shall
line 24 establish a working group comprised of residents of potentially
line 25 sensitive communities within the county, ensuring equitable
line 26 representation of vulnerable populations, including, but not limited
line 27 to, renters, low-income people, and members of classes protected
line 28 under the California Fair Employment and Housing Act (Part 2.8
line 29 (commencing with Section 12900) of Division 3 of Title 2).
line 30 (2) The working group shall develop a map of sensitive
line 31 communities within the county, which shall include some or all
line 32 of the areas identified as potentially sensitive communities pursuant
line 33 to subdivision (i) of Section 65918.50. The working group shall
line 34 prioritize the input of residents from each potentially sensitive
line 35 community in making a determination about that community.
line 36 (3) Each board of supervisors or council of governments shall
line 37 adopt the sensitive communities map for the county, along with
line 38 an explanation of the composition and function of the working
line 39 group and the community process and methodology used to create
line 40 the maps, at a public hearing held on or before July 1, 2020. 2023.
95
SB 50 — 59 — B-59
line 1 (c) Sections 65918.51 to 65918.54, inclusive, shall apply in a
line 2 sensitive community on and after January 1, 2026, unless the city
line 3 or county in which the sensitive community is located has adopted
line 4 a community plan for an area that includes the sensitive community
line 5 that is aimed toward increasing residential density and multifamily
line 6 housing choices near transit stops and meets all of the following:
line 7 (1) The community plan is not in conflict with the goals of this
line 8 chapter.
line 9 (2) The community plan permits increased density and
line 10 multifamily development near transit, with all upzoning linked to
line 11 onsite affordable housing requirements that meet or exceed the
line 12 affordable housing requirements in Sections 65918.51 to 65918.54,
line 13 inclusive. Community plans shall, at a minimum, be consistent
line 14 with the overall residential development capacity and the minimum
line 15 affordability standards set forth in Sections 65918.51 to 65918.54,
line 16 inclusive, within the boundaries of the community plan.
line 17 (3) The community plan includes provisions to protect
line 18 vulnerable residents from displacement.
line 19 (4) The community plan promotes economic justice for workers
line 20 and residents.
line 21 (5) The community plan was developed in partnership with at
line 22 least one of the following:
line 23 (A) A nonprofit or community organization that focuses on
line 24 organizing low-income residents in the sensitive community.
line 25 (B) A nonprofit or community organization that focuses on
line 26 organizing low-income residents in the jurisdiction.
line 27 (C) If there are no nonprofit or community organizations
line 28 working within the sensitive community or the jurisdiction, a
line 29 nonprofit with demonstrated experience conducting outreach to
line 30 low-income communities.
line 31 (6) Residents of the sensitive community are engaged throughout
line 32 the planning process, including through at least three community
line 33 meetings that are held at times and locations accessible to
line 34 low-income residents.
line 35 (7) All public documents and meetings related to the planning
line 36 process are translated into all languages spoken by at least 25
line 37 percent of residents of the sensitive community.
line 38 (8) The community plan is adopted before July 1, 2025.
line 39 (d) Each city and each county shall make reasonable efforts to
line 40 develop a community plan for any sensitive communities within
95
— 60 — SB 50 B-60
line 1 its jurisdiction. A community plan may address other locally
line 2 identified priorities, provided they are not in conflict with the intent
line 3 of this chapter or any other law. A city or county may designate a
line 4 community plan adopted before July 1, 2020, 2023, as the plan
line 5 that meets the requirements of this paragraph, subdivision, provided
line 6 that the plan meets all criteria in this section.
line 7 (e) Notwithstanding any other provision of this section, Sections
line 8 65918.51 to 65918.54, inclusive, shall apply in any sensitive
line 9 community if all of the following apply:
line 10 (1) At least 20 percent of adult residents of the sensitive
line 11 community sign a petition attesting that the community desires to
line 12 make the provisions of Sections 65918.51 to 65918.54, inclusive,
line 13 applicable in the area. The petition shall describe in plain language
line 14 the planning standards set forth in Sections 65918.51 to 65918.54,
line 15 inclusive; be translated into all languages spoken by at least 25
line 16 percent of residents in the affected area; and collect contact
line 17 information from signatories to the petition, including first, middle,
line 18 and last name, mailing address, and phone number and email
line 19 address if available.
line 20 (2) The local government has verified the petition to ensure
line 21 compliance with paragraph (1).
line 22 (3) Following signature verification, the local government city
line 23 or county provides public notice and opportunity to comment to
line 24 residents of the affected area and holds a minimum of three public
line 25 hearings in the affected area at a time and in a place and manner
line 26 accessible to low-income residents and other vulnerable
line 27 populations.
line 28 (4) The governing body for the city or county in which the
line 29 sensitive community is located determines, by majority vote, to
line 30 apply this chapter in the affected area.
line 31 (f) It is the intent of the Legislature to consider all of the
line 32 following:
line 33 (1) Tasking local government entities with greater community
line 34 connection with convening and administering the process for
line 35 identifying sensitive communities.
line 36 (2) Requiring review by the Department of Housing and
line 37 Community Development of the designation of sensitive
line 38 communities.
line 39 65918.59. (a) On or before July 1, 2021, the Governor’s Office
line 40 of Planning and Research, in consultation with the Department
95
SB 50 — 61 — B-61
line 1 of Housing and Community Development, shall develop and
line 2 publish on its internet website rules, regulations, or guidelines for
line 3 the submission and approval of a local flexibility plan. The rules,
line 4 regulations, or guidelines shall include requirements that the local
line 5 government demonstrate that the local flexibility plan would do
line 6 the following:
line 7 (1) Affirmatively further fair housing, as that term is defined in
line 8 Section 8899.50, to an extent as great or greater than if the local
line 9 government were to grant equitable communities incentives in
line 10 fulfillment of Section 65918.51.
line 11 (2) Achieve a standard of transportation efficiency as great or
line 12 greater than if the local government were to grant equitable
line 13 communities incentives in fulfillment of Section 65918.51.
line 14 (3) Increase overall feasible housing capacity for households
line 15 of lower, moderate, and above moderate incomes, considering
line 16 economic factors such as cost of likely construction types,
line 17 affordable housing requirements, and the impact of local
line 18 development fees.
line 19 (b) On or after July 1, 2021, a local government may submit a
line 20 local flexibility plan for review and approval by the Department
line 21 of Housing and Community Development pursuant to the rules,
line 22 regulations, or guidelines adopted pursuant to subdivision (a).
line 23 (c) A local government submitting a local flexibility plan and
line 24 the Department of Housing and Community Development shall
line 25 process, review, and certify the local flexibility plan as
line 26 expeditiously as possible after local community planning and
line 27 stakeholder outreach is complete.
line 28 (d) Any rule, regulation, or guideline developed and published
line 29 by the Governor’s Office of Planning and Research pursuant to
line 30 this section shall not be subject to Chapter 3.5 (commencing with
line 31 Section 11340) of Part 1 of Division 3 of Title 2.
line 32 SEC. 5. No reimbursement is required by this act pursuant to
line 33 Section 6 of Article XIIIB of the California Constitution because
line 34 a local agency or school district has the authority to levy service
line 35 charges, fees, or assessments sufficient to pay for the program or
line 36 level of service mandated by this act, within the meaning of Section
line 37 17556 of the Government Code.
O
95
— 62 — SB 50 B-62
More HOMES Act of 2020 Fact Sheet
SUMMARY
Senate Bill 50 allows for building housing near key
job centers and public transportation, and includes
strong protections against displacement for renters
and vulnerable communities in those areas.
The bill is expected to help relieve the acute housing
shortage and affordability crisis in California
communities. It will also reduce climate pollution and
improve public health by expanding access to public
transportation and by allowing people to live closer to
where they work, leading to more time with family
and less time commuting.
BACKGROUND/EXISTING LAW
Existing law leaves most zoning and land use
decisions to local governments, and includes no
minimum density standards near state- and
federally-funded transit infrastructure. While state
land use standards in the Density Bonus Law and SB
375 establish general guidelines and principles, they
do not include adequate provisions for enforcement.
Due to the lack of adequate and enforceable statewide
standards, most California cities (with a few
noteworthy exceptions) are still operating from
outdated and highly restrictive zoning ordinances
that make it difficult or impossible to build multi-
family dwellings at any density. Duplexes, fourplexes,
and other modest infill housing types are routinely
banned due to neighborhood objections and
underlying single-family zoning, even in places close
to key job centers and public transportation.
Solving California’s housing crisis must include
greatly expanding access to transit services for
workers at all income levels while addressing the well-
documented housing shortage. The status quo is
jeopardizing several of the State’s high-priority policy
objectives:
On housing affordability: The California
Legislative Analyst’s Office has found that the
housing shortage in coastal cities is pushing a
growing share of Californians into poverty,
and forcing a large and growing cohort to
spend more than half their income on rent.
On climate change: The California Air
Resources Board has found that the state will
miss its climate targets unless Californians
reduce the amount they drive by 25 percent
by 2030. Absent a surge of new housing
development in livable, pedestrian-oriented
areas near public transit, such reductions in
vehicle miles travelled are impossible.
On equitable growth: According to the
California Department of Housing and
Community Development, “Today’s
population of 39 million is expected to grow
to 50 million by 2050. Without intervention,
much of the population increase can be
expected to occur further from job centers,
high-performing schools, and transit,
constraining opportunity for future
generations.”
PROBLEM
Economic and educational opportunities in California
are increasingly concentrated close to key job centers
and public transportation, but housing construction
has not kept pace with demand for access to these
opportunities. Local governments play the lead role
in determining the location and amount of housing in
their jurisdictions, including which developments will
be located near high-quality transit corridors. They
also control, via housing supply, reasonable access to
schools, parks, libraries and other vital services that
improve community well-being. Right now, there is
uneven access to these key public goods, making it
disproportionately harder for disadvantaged and
housing-burdened Californians benefit from them.
The lack of new housing, particularly in California’s
highest-opportunity areas, has compounded over the
last several decades into a shortage of 3.5 million
homes, according to California’s Department of
Housing and Community Development.
California’s workers and families feel the results of
this shortage in the form of exorbitant rents and the
highest home purchase prices in the nation. Excessive
competition for limited housing supply is also driving
a statewide epidemic of displacement, evictions, and
homelessness.
Senator Scott Wiener, 11th Senate District
SB 50 – More HOMES Act of 2020:
Housing, Opportunity, Mobility, Equity, Stability
C-1
More HOMES Act of 2020 Fact Sheet
California’s failure to keep home building on pace
with job growth is directly responsible for longer
commutes and increased air pollution. Millions of
low- and middle-income Californians have multi-
hour commutes, as they seek affordable housing far
from areas with concentrated economic and
educational opportunities.
Statewide, California’s businesses have created 4.5
jobs for every new housing unit; according to the
Building Industry Association, the ideal ratio is 1.5
jobs per housing unit.
According to the Department of Housing and
Community Development:
“Land use policies and planning can help
encourage greater supply and affordability,
as well as influence the type and location of
housing. Thoughtful land use policies and
planning can translate into the ability for
families to access neighborhoods of
opportunity, with high-performing schools,
greater availability of jobs that afford entry to
the middle-class, and convenient access to
transit and services. Easy access to jobs and
amenities reduces a household’s daily
commute and other travel demands.
Encouraging new homes in already
developed areas and areas of opportunity not
only alleviates the housing crisis, but also
supports the State’s climate change and
equity goals.”
SOLUTION
Senate Bill 50 expands the benefits of affordable,
transit-rich and job-rich housing across the state. The
bill will give cities new tools to provide relief to rent-
burdened workers and families while reversing the
growing, and alarming, trends of homelessness,
displacement, and migration out of California.
State Guidelines for More Housing Choices:
The bill creates parameters for cities to adopt plans
that increase housing options near high-quality
transit and in job-rich areas to ensure that the
benefits of public investments in transportation are
broadly accessible to Californians of all incomes, and
establishes a default zoning program for cities who
choose not to adopt their own specialized local plan.
The bill also includes specific requirements to provide
low-income housing in new development to ensure
that market-rate construction is always coupled with
affordable units for the lowest income Californians,
and provides that forty percent of the low-income
housing units are prioritized for people previously
living within a half mile of the development.
If a city chooses not to exercise the option of crafting
their own local housing plan, SB 50’s default program
will apply, allowing more housing density on sites
that are either within ½ mile of high-quality public
transportation, or within a job-rich, high-opportunity
neighborhood close to key job centers. Middle-
density housing will be allowed with no parking
requirements, provided the site is adjacent to transit,
or reduced parking requirements in areas close to
jobs and high-quality schools. Height limits for new
housing with close, walkable access to rail or
connected transit will be loosened to encourage mid-
rise, medium-density housing construction. For
example, in areas close to rail or transit-connected
ferry service, a local government may allow buildings
of up to 4-5 stories, depending on the distance from
transit, and homeowners throughout California have
the option of renovating an existing structure to add
up to a three additional units. These projects will not
substantially increase the exterior or size of the
building, and will have to conform to local
neighborhood design standards.
Preservation of Local Control:
Under the legislation, all housing projects will still be
subject to environmental review (the California
Environmental Quality Act), and must follow existing
labor and employment standards for new
construction. Development fees, community
engagement, and architectural design review for each
housing development will remain as-is. Additionally:
Local flexibility: Every community in
California will be given two years of delayed
implementation to determine whether they
will submit their own local housing plan, so
long as it meets the goals of increasing
housing density in a way that reduces driving
and affirmatively furthers fair housing. A
community may create a new plan, or submit
a plan that has been previously adopted by
the city in the past, so long as it meets the
requirements. These plans will be reviewed
and certified by the California Department of
Housing and Community Development, in
consultation with the Governor’s Office of
Planning and Research. The default bonus
program outlined in SB 50 will only apply in
cases where a city has not adopted its own
plan after two years. (Sensitive communities,
or neighborhoods at particular risk of
gentrification and displacement, will have a
delayed implementation of five years to adopt
their own land use policies coupled with
additional community stabilization policies.)
Anti-demolition: A local government
retains existing authority to ban, prohibit, or
restrict demolition of existing housing,
consistent with the Housing Accountability
Act. At a minimum, a local government may
not issue demolition permits for housing
currently or recently occupied by renters.
C-2
More HOMES Act of 2020 Fact Sheet
Local affordable housing policy: If a
local government requires more affordable
housing than what is required in SB 50, that
policy will be honored in new developments.
Neighborhood height limits: A local
government retains authority to set or
maintain local height limits for new housing
in areas without easy access to rail transit.
Preserving local historic districts: SB
50 now affirmatively protects historic
structures from demolition. It also says a
project would be ineligible for the bonus if it
is located in a neighborhood that was deemed
historic as December 31, 2010, or is listed on
the California Register of Historic Places.
Sensitivity to smaller communities: In
counties fewer than 600,000 people, there
would be no bonus, unless the project is in a
town larger than 50,000: height increases
would be capped at 15 feet above what local
zoning allows here, which means buildings
could be built to about 5 stories in most
places. SB 50 does NOT exempt any
community in California from doing its fair
share of producing needed housing. SB 50
now allows the production of small duplexes,
triplexes, and quadplexes everywhere in
California, including small counties.
High fire risk areas unaffected: Areas at
very high risk of wildfire would not be eligible
for the SB 50 bonus.
Key provisions for renters and sensitive
communities:
SB 50 includes the following provisions:
Tenant Protections: Establishes strict
tenant protections to ensure long-time
residents will not be displaced from their
communities, including a prohibition on
demolishing buildings currently or recently
occupied by renters.
Affordable Housing: Establishes a
requirement that every new housing
development larger than 20 units must
include a significant number of housing units
affordable to for low, very low, or extremely
low-income households, ensuring affordable
housing will be built for people of all income
levels. Each project must designate 15-25% of
the total units to low-income families, or
designate an equivalent amount for very low-
or extremely low-income families.
Neighborhood Preference for
Affordable Housing Units: Requires that
at least forty percent of the affordable
housing units in every development be
prioritized for residents of the community
living within ½ mile of the project, in order
to ensure that affordable housing has
immediate anti-displacement benefits to
local community members at risk of housing
insecurity.
Sensitive Communities: Allows for a five-
year delayed implementation in sensitive
communities at risk of gentrification and
displacement, and grants five years for a
community-led planning process in these
neighborhoods.
Job-Rich Communities: Proposes a new
“job-rich housing project” designation to
ensure that high-opportunity communities
with easy access to jobs allow a broader range
of multifamily housing choices for people of
all income levels, even in the absence of high-
quality transit.
STATUS
Passed Senate Housing Committee (9-1)
Passed Senate Governance and Finance
Committee (6-1)
Pending final votes in Senate January 2020
CO-AUTHORS
Sen. Anna Caballero (D-Salinas)
Sen. Ben Hueso (D-San Diego)
Sen. Mike McGuire (D-Healdsburg)
Sen. John Moorlach (R-Costa Mesa)
Sen. Richard Roth (D-Riverside)
Sen. Nancy Skinner (D-Berkeley)
Asm. Kansen Chu (D-San Jose)
Asm. Tyler Diep (R-Westminster)
Asm. Vince Fong (R-Bakersfield)
Asm. Ash Kalra (D-San Jose)
Asm. Kevin Kiley (R-Rocklin)
Asm. Evan Low (D-Campbell)
Asm. Kevin McCarty (D-Sacramento)
Asm. Sharon Quirk-Silva (D- Fullerton)
Asm. Robert Rivas (D-Hollister)
Asm. Phil Ting (D-San Francisco)
Asm. Buffy Wicks (D-Oakland)
SPONSORS/SUPPORT
California YIMBY (Co-Sponsor)
Non-Profit Housing Association of
Northern California (Co-Sponsor)
C-3
More HOMES Act of 2020 Fact Sheet
California Association of Realtors (Co-
Sponsor)
6Beds, Inc.
Abundant Housing Los Angeles
American Association of Retired Persons –
(AARP)
Associated Students of San Jose State
University
Associated Students of the University of
California (ASUC)
Associated Students of the University of
California, Irvine (ASUCI)
Bay Area Council
Bay Area Housing Advocacy Coalition
Bay Area Rapid Transit (BART)
Black American Political Association of
California (BAPAC) – Sacramento Chapter
Bridge Housing Corporation
Building Industry Association, Bay Area
Burbank Housing Development Corporation
California Apartment Association
California Asian Pacific Islander Chamber of
Commerce
California Building Industry Association
(CBIA)
California Chamber of Commerce
California Community Builders
California Community Economic
Development Association
California Downtown Association
California Foundation of Independent
Living Centers
California Labor Federation
California League of Conservation Voters –
(Conditional Support)
California Public Interest Research Group
(CalPIRG)
California Renters Legal Advocacy and
Education Fund (CaRLA)
California State Building and Construction
Trades Council, AFL-CIO
California State Controller, Betty Yee
California State Treasurer, Fiona Ma
Central City Association of Los Angeles
Chicano Federation of San Diego County
Circulate San Diego
City and County of San Francisco, Mayor
London Breed
City of Anaheim, Councilmember Jordan
Brandman
City of Berkeley, Councilmember Rigel
Robinson
City of Campbell, Former Councilmember
Jeffrey R. Cristina
City of Carson, Mayor Albert Robles
City of Carson (Conditional Support)
City of Culver City, Councilmember Alex
Fisch
City of Culver City, Mayor Meghan Sahli-
Wells
City of El Cerrito, Councilmember Gabe
Quinto
City of Emeryville Councilmember Dianne
Martinez
City of Emeryville, Councilmember John
Bauters
City of Fairfield, Councilmember Chuck
Timm
City of Foster City, Vice Mayor Herb Perez
City of Fullerton, Councilmember Ahmad
Zahra
City of Half Moon Bay, Mayor
Councilmember Deborah Penrose
City of La Mesa, Councilmember Colin
Parent
City of Los Gatos, Councilmember Rob
Rennie
City of Milpitas, Former Councilmember
Marsha Grilli
City of Monterey, Councilmember Tyller
Williamson
City of Moreno, Councilmember David
Marquez
City of Oakland, Mayor Libby Schaaf
City of Palo Alto, Councilmember Adrian
Fine
City of Pinole, Councilmember Vincent
Salimi
City of Rancho Cordova, Councilmember
Donald Terry
City of Rohnert Park, Councilmember;
Metropolitan Transportation Commission,
Commissioner and Past Chair, Jake
Mackenzie
City of Sacramento, Mayor Darrell Steinberg
City of San Jose, Mayor Sam Liccardo
City of South San Francisco, Former Mayor
Pradeep Gupta
City of Stockton, Mayor Michael Tubbs
City of Woodland, Councilmember Enrique
Fernandez
Clínica Monseñor
College Democrats of the University of
Southern California
Council of Infill Builders
County of Alameda, Supervisor Keith Carson
County of Humboldt, Supervisor Steve
Madrone
County of Imperial, Supervisor Michael
Kelley
County of San Joaquin, Supervisor Miguel
Villapudua
County of San Mateo, Supervisor David
Canepa
County of San Mateo, Supervisor Don
Horsley
C-4
More HOMES Act of 2020 Fact Sheet
County of Santa Barbara, Supervisor Das
Williams
County of Solano, Supervisor Jim Spering
Dana Point Chamber of Commerce
EAH Housing
East Bay for Everyone
East Bay Young Democrats
Emerald Fund
Environment California
Facebook
Fair Housing Advocates of Northern
California
Fieldstead and Company, Inc.
First Community Housing
Fossil Free California
Greater Ontario Business Council
Grow The Richmond
Habitat for Humanity
Haight Ashbury Neighbors for Density
Hamilton Families
Hispanic Chamber of Commerce
Homeless Services Center (Santa Cruz)
House Sacramento
Housing Leadership Council of San Mateo
County
Initiating Change in Our Neighborhoods
(ICON) Community Development
Corporation
Indivisible Sacramento
Inland Empire Regional Chamber of
Commerce
LandWatch, Monterey County
League of Women Voters of California
Livable Sunnyvale
Local Government Commission
Local Initiatives Support Corporation (LISC)
San Diego
Los Angeles Business Council
Los Angeles Chamber of Commerce
Mission YIMBY
Murrieta Chamber of Commerce
National Association of Hispanic Real Estate
Professionals (NAHREP)
Natural Resources Defense Council (NRDC)
New Way Homes
NextGen Marin
North Bay Leadership Council
North Orange County Chamber of
Commerce
Northern California Conference of
Carpenters
Northern Neighbors
Oakland Chamber of Commerce
Orange County Business Council (OCBC)
Orange County Poverty Alleviation Coalition
Oxnard Chamber of Commerce
Pacoima Beautiful
Pacoima Community Housing Corporation
Peace Builders of Orange County
Peninsula Young Democrats
People for Housing - Orange County
Progress Noe Valley
Related California
San Diego Chamber of Commerce
San Francisco Foundation
San Francisco Housing Action Coalition
San Francisco Planning and Urban Research
(SPUR)
San Mateo Building Trades Council
San Mateo Labor Council
Santa Cruz County Business Council
Santa Cruz County Chamber of Commerce
Santa Cruz Yimby
Santa Maria Valley Chamber of Commerce
Save the Bay
Silicon Valley @ Home
Silicon Valley Community Foundation
Silicon Valley Leadership Group
Silicon Valley Organization
Silicon Valley Young Democrats
South Bay Jewish Federation
South Bay Yimby
Southern Alameda County Young Democrats
State Council on Developmental Disabilities
Stripe
TechNet
The Two Hundred
TMG Partners
University Council – American Federation of
Teachers (UC-AFT)
Up For Growth, California
Valley Industry Commerce Association
(VICA)
YIMBY Action
Yimby Democrats of San Diego
FOR MORE INFORMATION
Annie Fryman, Legislative Aide
Email: ann.fryman@sen.ca.gov
Phone: (916) 651-4011
C-5