Bill Text: CA SB330 | 2019-2020 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Housing Crisis Act of 2019.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2019-10-09 - Chaptered by Secretary of State. Chapter 654, Statutes of 2019. [SB330 Detail]
Download: California-2019-SB330-Introduced.html
Bill Title: Housing Crisis Act of 2019.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2019-10-09 - Chaptered by Secretary of State. Chapter 654, Statutes of 2019. [SB330 Detail]
Download: California-2019-SB330-Introduced.html
CALIFORNIA LEGISLATURE—
2019–2020 REGULAR SESSION
| Senate Bill | No. 330 |
| Introduced by Senator Skinner |
February 19, 2019 |
An act to add and repeal Sections 65358.5, 65850.10, 65905.5, 65913.3, and 65913.10 of the Government Code, and to add and repeal Section 17921.8 of the Health and Safety Code, relating to housing.
LEGISLATIVE COUNSEL'S DIGEST
SB 330, as introduced, Skinner.
Housing Crisis Act of 2019.
(1) The Planning and Zoning Law, among other things, requires the legislative body of each county and city to adopt a comprehensive, long-term general plan for the physical development of the county or city and of any land outside its boundaries that relates to its planning. That law authorizes the legislative body, if it deems it to be in the public interest, to amend all or part of an adopted general plan, as provided. That law also authorizes the legislative body of any county or city, pursuant to specified procedures, to adopt ordinances that, among other things, regulate the use of buildings, structures, and land as between industry, business, residences, open space, and other purposes.
This bill, until January 1, 2030, with respect to land where housing is an allowable use,
would prohibit the legislative body of a county or city, defined to include the electorate exercising its local initiative or referendum power, in which specified conditions exist, from enacting an amendment to a general plan or adopting or amending any zoning ordinance that would have the effect of (A) changing the zoning classification of a parcel or parcels of property to a less intensive use or reducing the intensity of land use within an existing zoning district below what was allowed under the general plan land use designation and zoning ordinances of the county or city as in effect on January 1, 2018; (B) imposing a moratorium on housing development within all or a portion of the jurisdiction of the county or city, except as provided; (C) imposing design standards that are more costly than those in effect on January 1, 2019; or (D) establishing a maximum number of conditional use or other discretionary permits that the county or city will issue for the development of housing within all or a portion of
the county or city, or otherwise imposing a cap on the number of housing units within or the population of the county or city. The bill would, notwithstanding these prohibitions, allow a city or county to prohibit the commercial use of land zoned for residential use consistent with the authority of the city or county conferred by other law. The bill would state that these prohibitions would apply to any zoning ordinance adopted or amended on or after January 1, 2018, and that any zoning ordinance adopted, or amendment to an existing ordinance or to an adopted general plan, on or after that date that does not comply would be deemed void.
The bill would state that these prohibitions would prevail over any conflicting provision of the Planning and Zoning Law or other law regulating housing development in this state, except as specifically provided. The bill would also require that any exception to these provisions, including an exception for the health and safety of
occupants of a housing development project, be construed narrowly.
(2) The Planning and Zoning Law, except as provided, requires that a public hearing be held on an application for a variance from the requirements of a zoning ordinance, an application for a conditional use permit or equivalent development permit, a proposed revocation or modification of a variance or use permit or equivalent development permit, or an appeal from the action taken on any of those applications. That law requires that notice of a public hearing be provided in accordance with specified procedures.
This bill, until January 1, 2030, would prohibit a city or county from conducting more than 3 de novo hearings held pursuant to these provisions, or any other law, ordinance, or regulation requiring a public hearing, on an application for a zoning variance or a conditional use permit or equivalent development permit for a housing
development project. The bill would require the city or county to consider and either approve or disapprove the housing development project at any of the 3 hearings consistent with the applicable timelines under the Permit Streamlining Act, but would require the city or county to either approve or disapprove the permit within 12 months from when the date on which the application is deemed complete, as provided.
(3) The Planning and Zoning Law requires a county or city to designate and zone sufficient vacant land for residential use with appropriate standards, as provided. That law also authorizes a development proponent to submit an application for a development that is subject to a specified streamlined, ministerial approval process and not subject to a conditional use permit if the development satisfies certain objective planning standards.
This bill, until January 1, 2030, with respect to land where
housing is an allowable use, would prohibit a county or city in which specified conditions exist from (A) changing the general plan designation or zoning classification of a parcel or parcels of property to a less intensive classification or reducing the intensity of land use within an existing zoning district below what was allowed under the general plan land use designation or zoning ordinances of the city or county as in effect on January 1, 2018, with respect to a housing development project for which the application is deemed complete; (B) imposing a moratorium, or enforce an existing moratorium, on housing development within all or a portion of the jurisdiction of the county or city, except as provided; (C) imposing any new, increasing or enforcing any existing, requirement that a proposed housing development include parking; (D) charging fees, as defined, for the approval of a housing development project in excess of specified amounts, or charging any fee in connection with the approval of units
within the housing development that meet specified affordability criteria; or (E) establishing a maximum number of conditional use or other discretionary permits that the county or city will issue for the development of housing within all or a portion of the county or city or otherwise imposing or enforcing a cap on the number of housing units within or the population of the county or city. The bill would also deem an application for a permit for a proposed housing development project to be consistent and in compliance with the general plan land use designation and zoning ordinances of a city or county, if a reasonable person could have found that the application would have been consistent and in compliance with the general plan land use designation and zoning ordinances of the city or county as in effect on January 1, 2018. If the city or county grants a conditional use permit approving a proposed housing development project and that project would have been eligible for a higher density under the city’s or
county’s general plan land use designation and zoning ordinances as in effect on January 1, 2018, the bill would also require the city or county to allow the project at that higher density. The bill would also prohibit a county or city from approving a housing development project under these provisions if that project would require the demolition of certain types of existing housing, as provided.
The bill would state that these provisions would prevail over any conflicting provision of the Planning and Zoning Law or other law regulating housing development in this state, except as specifically provided. The bill would also require that any exception to these provisions, including an exception for the health and safety of occupants of a housing development project, be construed narrowly.
(4) The Planning and Zoning Law requires each state agency and each local agency to compile one or more lists that
specify in detail the information that will be required from any applicant for a development project. That law requires the state or local agency to provide copies of this information available to all applicants for development projects and to any persons who request the information.
The bill, with respect to an application for a conditional use permit, zoning variance, or any other discretionary permit for a housing development project that is submitted to any city, including a charter city, or county that is not otherwise subject to the provisions described in (3), above, would (A) prohibit enforcement of any zoning ordinance adopted, amendment to an existing zoning ordinance or general plan, or any other standard adopted or amendment to an existing standard after the date on which the application for that housing development project is deemed complete; (B) prohibit any fee, as defined, in excess of the amount of fees or other exactions that applied to the
proposed housing development project at the time the application for that housing development project is deemed complete; and (C) for purposes of any state or local law, ordinance, or regulation that requires a city or county to determine whether the site of a proposed housing development is a historic site, would require the city or county to make that determination, which would remain valid for the pendency of the housing development, at the time the application is deemed complete. The bill would require that each local agency make copies of any above-described list with respect to information required from an applicant for a housing development project available both (A) in writing to those persons to whom the agency is required to make information available and (B) publicly available on the internet website of the local agency. The bill would repeal these provisions as of January 1, 2030.
(5) The State Housing Law, among other things,
requires the Department of Housing and Community Development to propose the adoption, amendment, or repeal of building standards to the California Building Standards Commission, and to adopt, amend, and repeal other rules and regulations for the protection of the public health, safety, and general welfare of the occupant and the public, governing hotels, motels, lodging houses, apartment houses, and dwellings, and buildings and structures accessory thereto. That law specifies that the provisions of the State Housing Law and the building standards and rules and regulations adopted pursuant to that law apply in all parts of the state and requires specified entities within each city, county, or city and county to enforce within its jurisdiction those pertaining to the maintenance, sanitation, ventilation, use, or occupancy of apartment houses, hotels, or dwellings. A violation of the State Housing Law, or any building standard, rule, or regulation adopted pursuant to that law, is a misdemeanor.
This bill would require the department to propose the adoption, amendment, or repeal of building standards to the California Building Standards Commission, and to adopt, amend, or repeal other rules and regulations for the protection of the public health, safety, and general welfare of the occupant and the public, applicable to occupied substandard buildings, as defined, in lieu of the above-described building standards, rules, and regulations. The bill would provide that an occupied substandard building that complies with these alternative building standards, rules, and regulations is deemed to be in compliance with the State Housing Law, and the building standards, rules, and regulations adopted pursuant to that law, for a period of 7 years following the date on which the enforcement agency finds a violation of the State Housing Law or a related building standard, rule, or regulation. The bill would make these provisions inoperative, except as specified, on January
1, 2030, and repeal these provisions on January 1, 2037.
(6) This bill would include findings that the changes proposed by this bill to the Planning and Zoning Law address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.
(7) By imposing various new requirements and duties on local planning officials with respect to housing development, and by changing the scope of a crime under the State Housing Law, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that with regard to
certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
This act shall be known, and may be cited, as the Housing Crisis Act of 2019.SEC. 2.
(a) The Legislature finds and declares the following:(1) California is experiencing a housing supply crisis, with housing demand far outstripping supply. In 2018, California ranked 49th out of the 50 states in housing units per capita.
(2) Consequently, existing housing in this state, especially in its largest cities, has become very expensive. Seven of the 10 most expensive real estate markets in the United States are in California. In San Francisco, the median home prices is $1.6 million.
(3) California is also experiencing rapid year-over-year rent growth with three cities in the state
having had overall rent growth of 10% or more year-over-year, and of the 50 United States cities with the highest United States rents, 33 are cities in California.
(4) California needs an estimated 180,000 additional homes annually to keep up with population growth, and the Governor has called for 3.5 million new homes to be built over the next 7 years.
(5) The housing crisis has particularly exacerbated the need for affordable homes at prices below market rates.
(6) The housing crisis harms families across California and has resulted in all of the following:
(A) Increased poverty and homelessness, especially first-time homelessness.
(B) Forced lower income residents into crowded and
unsafe housing in urban areas.
(C) Forced families into lower cost new housing in greenfields at the urban-rural interface with longer commute times and a higher exposure to fire hazard.
(D) Forced public employees, health care providers, teachers, and others, including critical safety personnel, into more affordable housing farther from the communities they serve, which will exacerbate future disaster response challenges in high-cost, high-congestion areas and increase risk to life.
(E) Driven families out of the state or into communities away from good schools and services, making the ZIP Code where one grew up the largest determinate of later access to opportunities and social mobility, disrupting family life, and increasing health problems due to long commutes that may exceed three hours per day.
(7) The housing crisis has been exacerbated by the additional loss of units due to wildfires in 2017 and 2018, which impacts all regions of the state. The Carr Fire in 2017 alone burned over 1,000 homes, and over 50,000 people have been displaced by the Camp Fire and the Woolsey Fire in 2018. This temporary and permanent displacement has placed additional demand on the housing market and has resulted in fewer housing units available for rent by low-income individuals.
(8) Individuals who lose their housing due to fire or the sale of the property cannot find affordable homes or rental units and are pushed into cars and tents.
(9) Costs for construction of new housing continue to increase. According to the Terner Center for Housing Innovation at the University of California, Berkeley, the cost of building a 100-unit
affordable housing project in the state was almost $425,000 per unit in 2016, up from $265,000 per unit in 2000.
(10) Lengthy permitting processes and approval times, fees and costs for parking, and other requirements further exacerbate cost of residential construction.
(11) The housing crisis is severely impacting the state’s economy as follows:
(A) Employers face increasing difficulty in securing and retaining a workforce.
(B) Schools, universities, nonprofits, and governments have difficulty attracting and retaining teachers, students, and employees, and our schools and critical services are suffering.
(C) According to analysts at McKinsey and Company, the housing crisis is costing
California $140 billion a year in lost economic output.
(12) The housing crisis also harms the environment by doing both of the following:
(A) Increasing pressure to develop the state’s farm lands, open space, and rural interface areas to build affordable housing, and increasing fire hazards that generate massive greenhouse gas emissions.
(B) Increasing greenhouse gas emissions from longer commutes to affordable homes far from growing job centers.
(13) Homes, lots, and structures near good jobs, schools, and transportation remain underutilized throughout the state and could be rapidly remodeled or developed to add affordable homes without subsidy where they are needed with state assistance.
(14) Reusing existing infrastructure and developed properties, and building more smaller homes with good access to schools, parks, and services, will provide the most immediate help with the lowest greenhouse gas footprint to state residents.
(b) In light of the foregoing, the Legislature hereby declares a statewide housing emergency, to be in effect until January 1, 2030.
(c) It is the intent of the Legislature, in enacting the Housing Crisis Act of 2019, to do both of the following:
(1) Suspend certain restrictions on the development of new housing during the period of the statewide emergency described in subdivisions (a) and (b).
(2) Work with local governments to expedite the permitting of housing in regions suffering the worst housing
shortages and highest rates of displacement.
SEC. 3.
Section 65358.5 is added to the Government Code, to read:65358.5.
(a) As used in this section: (1) “Affected county or city” means a county or city, including a charter city, for which the Department of Housing and Community Development determines, in any calendar year, that both of the following conditions apply:
(A) The average rate of rent is ____ percent higher than the fair market rent for the state, for the year.
(B) The vacancy rate for residential rental units is less than ____ percent.
(2) Notwithstanding any other law, “legislative body of an affected county or city” includes the electorate of an affected
county or city exercising its local initiative or referendum power, whether that power is derived from the California Constitution, statute, or the charter or ordinances of the affected county or city.
(b) (1) Notwithstanding any other law, with respect to land where housing is an allowable use, the legislative body of an affected county or city shall not enact an amendment to an adopted general plan that would have any of the following effects:
(A) Changing the zoning classification of a parcel or parcels of property to a less intensive use or reducing the intensity of land use within an existing zoning district below what was allowed under the general plan land use designation and zoning ordinances of the affected county or city as in effect on January 1, 2018. For purposes of this subparagraph, “less intensive use” includes, but is not limited to,
reductions to height, density, or floor area ratio, or new or increased open space or lot size requirements, for property zoned for residential use in the affected county’s or city’s general plan or other planning document.
(B) Imposing a moratorium on housing development, including mixed-use development, within all or a portion of the jurisdiction of the affected county or city, except pursuant to a zoning ordinance that complies with the requirements of subparagraph (B) of paragraph (1) of subdivision (b) of Section 65850.10.
(C) Imposing design standards that are more costly than those in effect on January 1, 2018.
(D) Establishing a maximum number of conditional use or other discretionary permits that the affected county or city will issue for the development of housing within all or a portion of the affected
county or city, or otherwise imposing a cap on the number of housing units in or the population of the affected county or city.
(2) This section shall apply to any amendment to an adopted general plan on or after January 1, 2018. Any amendment to a general plan on or after that date that does not comply with this section shall be deemed void.
(c) Notwithstanding subdivisions (b) and (d), the legislative body of an affected county or city may enact an amendment to an adopted general plan that would have the effect of prohibiting the commercial use of land that is zoned for residential use, including, but not limited to, short term occupancy of a residence, consistent with the authority conferred on the city or county by other law.
(d) (1) Except as provided in paragraph (3), this section shall
prevail over any conflicting provision of this title or other law regulating housing development in this state.
(2) It is the intent of the Legislature that this section be construed so as to maximize the development of housing within this state. Any exception to the requirements of this section, including an exception for the health and safety of occupants of a housing development project, shall be construed narrowly.
(3) This section shall not construed as prohibiting the amendment of an adopted general plan in a manner that allows greater density in or reduces the costs to a housing development project or as necessary to comply with the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).
(e) This section shall remain in effect only until
January 1, 2030, and as of that date is repealed.
SEC. 4.
Section 65850.10 is added to the Government Code, to read:65850.10.
(a) As used in this section:(1) “Affected county or city” means a county or city, including a charter city, for which the department determines, in any calendar year, that both of the following conditions apply:
(A) The average rate of rent is ____ percent higher than the fair market rent for the state, for the year.
(B) The vacancy rate for residential rental units is less than ____ percent.
(2) Notwithstanding any other law, “legislative body of an affected county or city” includes the electorate of an affected county or city exercising its local
initiative or referendum power, whether that power is derived from the California Constitution, statute, or the charter or ordinances of the affected county or city.
(b) (1) Notwithstanding any other law, with respect to land where housing is an allowable use, the legislative body of an affected county or city shall not adopt or amend any zoning ordinance that would have any of the following effects:
(A) Changing the zoning classification of a parcel or parcels of property to a less intensive use or reducing the intensity of land use within an existing zoning district below what was allowed under the general plan land use designation and zoning ordinances of the affected county or city as in effect on January 1, 2018. For purposes of this subparagraph, “less intensive use” includes, but is not limited to, reductions to height, density, or floor area ratio, or
new or increased open space or lot size requirements, for property zoned for residential use in the affected county’s or city’s general plan or other planning document.
(B) (i) Imposing a moratorium on housing development, including mixed-use development, within all or a portion of the jurisdiction of the affected county or city, other than to specifically protect against an imminent threat to the health and safety of persons residing in, or within the vicinity of, the area subject to the moratorium or for projects specifically identified as existing restricted affordable housing.
(ii) The affected county or city shall not enforce a zoning ordinance imposing a moratorium until it has submitted the ordinance to, and received approval from, the department. The department shall approve a zoning ordinance submitted to it pursuant to this subparagraph only if it
determines that the zoning ordinance satisfies the requirements of this subparagraph. If the department denies approval of a zoning ordinance imposing a moratorium on housing development as inconsistent with this subparagraph, that ordinance shall be deemed void.
(C) Imposing design standards that are more costly than those in effect on January 1, 2018.
(D) Establishing a maximum number of conditional use or other discretionary permits that the affected county or city will issue for the development of housing within all or a portion of the affected county or city, or otherwise imposing a cap on the number of housing units within or the population of the affected county or city.
(2) This section shall apply to any zoning ordinance adopted, or amendment to an existing ordinance, on or after January 1, 2018. Any zoning
ordinance adopted, or amendment to an existing ordinance, on or after that date that does not comply with this section shall be deemed void.
(c) Notwithstanding subdivisions (b) and (d), the legislative body of an affected county or city may adopt or amend a zoning ordinance to prohibit the commercial use of land that is zoned for residential use, including, but not limited to, short term occupancy of a residence, consistent with the authority conferred on the county or city by other law.
(d) (1) Except as provided in paragraph (3), this section shall prevail over any conflicting provision of this title or other law regulating housing development in this state.
(2) It is the intent of the Legislature that this section be construed so as to maximize the development of housing within this state.
Any exception to the requirements of this section, including an exception for the health and safety of occupants of a housing development project, shall be construed narrowly.
(3) This section shall not be construed as prohibiting the adoption or amendment of a zoning ordinance in a manner that allows greater density in or reduces the costs to a housing development project or as necessary to comply with the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).
(e) This section shall remain in effect only until January 1, 2030, and as of that date is repealed.
SEC. 5.
Section 65905.5 is added to the Government Code, to read:65905.5.
(a) A city or county shall not conduct more than three de novo hearings pursuant to Section 65905, or any other law, ordinance, or regulation requiring a public hearing in connection with the approval of an application for a zoning variance or development permit, on an application for a zoning variance, conditional use permit, or equivalent development permit for a housing development project. The city or county shall consider and either approve or disapprove the application at any of the three hearings allowed under this section consistent with the applicable timelines under the Permit Streamlining Act (Chapter 4.5 (commencing with Section 65920)), except that the city or county shall act to either approve or disapprove the permit within 12 months from when the date on which the application is deemed complete.(b) For purposes of this section:
(1) “Deemed complete” means that the application has met all of the requirements specified in the relevant list compiled pursuant to Section 65940 that was available at the time when the application was submitted.
(2) “Hearing” includes any public hearing conducted by the city or county with respect to the housing development project, whether by the legislative body of the city or county, the planning agency established pursuant to Section 65100, or any other agency, department, board, or commission of the city or county or any committee or subcommittee thereof.
(c) This section shall remain in effect only until January 1, 2030, and as of that date is repealed.
SEC. 6.
Section 65913.3 is added to the Government Code, to read:65913.3.
(a) (1) As used in this section, “affected county or city” means a county or city, including a charter city, for which the Department of Housing and Community Development determines, in any calendar year, that both of the following conditions apply:(A) The average rate of rent is ____ percent higher than the fair market rent for the state, for the year.
(B) The vacancy rate for residential rental units is less than ____ percent.
(2) Notwithstanding any other law, for purposes of any action that this section prohibits an affected city or county from doing, “affected county or city” includes the
electorate of the affected county or city exercising its local initiative or referendum power with respect to any act that is subject to that power by other law, whether that power is derived from the California Constitution, statute, or the charter or ordinances of the affected county or city.
(b) Notwithstanding any other law, with respect to land where housing is an allowable use, an affected county or city shall not do any of the following:
(1) With respect to a proposed housing development project for which the affected county or city has received an application for a permit and once that application is deemed complete, change the general plan designation or zoning classification of a parcel or parcels of property to a less intensive classification or reduce the intensity of land use within an existing zoning district below what was allowed under the general plan land use
designation or zoning ordinances of the affected county or city as in effect on January 1, 2018. For purposes of this paragraph:
(A) “Deemed complete” means that the application for a housing development has met all of the requirements specified in the relevant list compiled pursuant to Section 65940 that was available at the time when the application was submitted.
(B) “Less intensive use” includes, but is not limited to, reductions to height, density, or floor area ratio, or new or increased open space or lot size requirements, for property zoned for residential use in the affected county’s or city’s general plan or other planning document.
(2) Impose a moratorium, or enforce an existing moratorium, on housing development, including mixed-use development, within all or a portion of the jurisdiction of the affected
county or city, except pursuant to a zoning ordinance that complies with the requirements of subparagraph (B) of paragraph (1) of subdivision (b) of Section 65850.10.
(3) Impose any new, or increase or enforce any existing, requirement that a proposed housing development include parking.
(4) (A) Subject to subparagraph (B), charge any fee, as that term is defined in subdivision (b) of Section 66000, or impose any other exaction imposed in connection with the approval of a development project for the approval of a housing development project in excess of the amount of fees or other exactions that would have applied to the proposed housing development project as of January 1, 2018. For purposes of this subparagraph, “other exaction” includes, but is not limited to, sewer and water connection charges, community benefit charges, and requirements that the project
include public art.
(B) Notwithstanding subparagraph (A), the affected county or city shall not charge any fee, as that term is defined in subdivision (b) of Section 66000, in connection with the approval of any unit within a housing development that meets the following criteria:
(i) The unit is affordable to persons and families with a household income equal to or less than 80 percent of the area median income.
(ii) The unit is subject to a recorded affordability restriction for at least 55 years.
(C) An affected county or city shall not deny or refuse to approve a housing development project on the basis of an applicant’s failure or refusal to pay an amount of fee or other exaction that exceeds the amount allowed under subparagraph (A) or any fee that
the affected county or city is prohibited from charging pursuant to subparagraph (B).
(5) Establish or enforce a maximum number of conditional use or other discretionary permits that the affected county or city will issue for the development of housing within all or a portion of the affected county or city, or otherwise impose or enforce any cap on the maximum number of housing units within or population of the affected county or city.
(c) (1) Notwithstanding any other law, an application for a permit for a proposed housing development project shall be deemed consistent and in compliance with the general plan land use designation and zoning ordinances of an affected county or city, including for purposes of the Housing Accountability Act (Section 65589.5), if a reasonable person could have found that the application would have been consistent and in
compliance with the general plan land use designation and zoning ordinances of the affected county or city as in effect on January 1, 2018.
(2) A housing development project shall not be found to be inconsistent, not in compliance, or not in conformity with the zoning in effect as of January 1, 2018, and the project shall not require rezoning, if the zoning did not allow the maximum residential use, density, and intensity allowable on the site by the land use or housing element of the general plan as of that date.
(d) If the affected county or city approves an application for a conditional use permit for a proposed housing development project and that project would have been eligible for a higher density under the affected county’s or city’s general plan land use designation and zoning ordinances as in effect prior to January 1, 2018, the affected county
or city shall allow the project at that higher density.
(e) (1) Notwithstanding any other provision of this section, an affected county or city shall not approve a housing development project in accordance with this section if that development would require the demolition of any of the following:
(A) A residential rental unit assisted pursuant to Section 8 of the United States Housing Act of 1937 (42 U.S.C. Sec. 1437f).
(B) A residential unit that is subject to any form of rent or price control through a public entity’s valid exercise of its police power.
(C) A residential structure containing residential dwelling units that are currently occupied by tenants, or were previously occupied by tenants if those dwelling units were
withdrawn from rent or lease in accordance with Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 and subsequently offered for sale by the subdivider or subsequent owner of the property.
(2) Notwithstanding any other provision of this section, if a proposed housing development project subject to this section would require the demolition of residential rental units that are affordable to persons with a household income equal to or less than 80 percent of the area median income, an affected county or city may only approve that housing development if both of the following apply:
(A) The developer agrees to provide both of the following:
(i) Relocation benefits to the occupants of those affordable residential rental units.
(ii) A right
of first refusal for units available in the new housing development project at rents commensurate with the occupants’ previous rent or compensation to previous occupants who will be displaced.
(B) The affected county or city is not otherwise prohibited from approving the demolition of the affordable rental units pursuant to paragraph (1).
(f) (1) Except as provided in paragraph (3), this section shall prevail over any conflicting provision of this title or other law regulating housing development in this state.
(2) It is the intent of the Legislature that this section be construed so as to maximize the development of housing within this state. Any exception to the requirements of this section, including an exception for the health and safety of occupants of a housing development project, shall
be construed narrowly.
(3) This section shall not be construed as prohibiting planning standards that allow greater density in or reduce the costs to a housing development project or are necessary to comply with the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).
(g) This section shall remain in effect only until January 1, 2030, and as of that date is repealed.
SEC. 7.
Section 65913.10 is added to the Government Code, to read:65913.10.
(a) Each city and each county shall make copies of any list compiled pursuant to Section 65940 with respect to information required from an applicant for a housing development project available both (1) in writing to those persons to whom the agency is required to make information available under subdivision (a) of that section, and (2) publicly available on the internet website of the city or county.(b) With respect to an application for a conditional use permit, zoning variance, or any other discretionary permit for a housing development project that is submitted to any city, including a charter city, or county that is not otherwise subject to Section 65913.3, the following shall apply:
(1) The city or county shall not, with respect to the housing development project for which the application is filed, enforce or require the applicant to comply with any zoning ordinance adopted, an amendment to an existing zoning ordinance or general plan, or any other standard adopted or amendment to an existing standard after the date on which the application for that housing development project is deemed complete.
(2) (A) The city or county shall not, with respect to the housing development project for which the application is filed, charge any fee, as that term is defined in subdivision (b) of Section 66000, in excess of the amount of fees or other exactions that applied to the proposed housing development project at the time the application for that housing development project is deemed complete.
(B) The county or city shall not deny or
refuse to approve a housing development project on the basis of an applicant’s failure or refusal to pay an amount or fee that exceeds the amount allowed under this paragraph.
(3) For purposes of any state or local law, ordinance, or regulation that requires the city or county to determine whether the site of a proposed housing development project is a historic site, the city or county shall make that determination at the time the application for the housing development project is deemed complete. A determination as to whether a parcel of property is a historic site shall remain valid during the pendency of the housing development project for which the application was made.
(c) For purposes of this section, “deemed complete” means that the application has met all of the requirements specified in the relevant list compiled pursuant to Section 65940 that was available at the time
when the application was submitted.
(d) This section shall remain in effect only until January 1, 2030, and as of that date is repealed.
SEC. 8.
Section 17921.8 is added to the Health and Safety Code, to read:17921.8.
(a) As used in this section, “occupied substandard building” means a building in which one or more persons reside that an enforcement agency finds is in violation of any provision of this part, any building standards published in the State Building Standards Code, or any other rule or regulation adopted pursuant to this part, other than the building standards and rules and regulations adopted pursuant to this section.(b) (1) (A) Except as provided in paragraph (2), the department shall propose the adoption, amendment, or repeal of building standards to the California Building Standards Commission pursuant to the provisions of Chapter 4 (commencing with Section 18935) of Part 2.5, and shall adopt,
amend, or repeal other rules and regulations for the protection of the public health, safety, and general welfare of the occupant and the public, applicable to occupied substandard buildings in lieu of those building standards, rules, and regulations adopted pursuant to Section 17921.
(B) The building standards proposed, and the rules and regulations adopted or amended, pursuant to this paragraph shall establish minimum health and safety standards for occupied substandard buildings, as follows:
(i) The building standards, rules, and regulations shall require that an occupied substandard building include adequate sanitation and exit facilities and comply with seismic safety standards.
(ii) The building standards, rules, and regulations shall permit those conditions proscribed by Section 17920.3 which do not endanger
the life, limb, health, property, safety, or welfare of the public or the occupant.
(iii) Notwithstanding Section 17922, the building standards, rules, and regulations need not be substantially the same as those contained in the most recent editions of the international or uniform industry codes specified by that section.
(2) Notwithstanding paragraph (1), the building standards proposed to be adopted or amended, and the rules and regulations adopted or amended, by the State Fire Marshal pursuant to subdivision (b) of Section 17921 shall apply to an occupied substandard building.
(c) Notwithstanding any other law, an occupied substandard building that complies with the building standards, rules, and regulations adopted pursuant to this section shall be deemed to be in compliance with this part, the building standards
published in the State Building Standards Code relating to this part, or any other rule or regulation promulgated pursuant to this part, for a period of seven years following the date on which an enforcement agency finds that the occupied substandard building is otherwise in violation of this part or any building standard, rule, or regulation adopted pursuant to this part. If, at the end of this seven-year period, the enforcement agency finds that the occupied substandard building is still in violation of any provision of this part, any building standards published in the State Building Standards Code, or any other rule or regulation adopted pursuant to this part, the occupied substandard building shall be subject to enforcement as provided in this part.
(d) (1) This section, other than subdivision (c), shall become inoperative on January 1, 2030.
(2) This
section shall remain in effect only until January 1, 2037, and as of that date is repealed.
SEC. 9.
The Legislature finds and declares that the provision of adequate housing, in light of the severe shortage of housing at all income levels in this state, is a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Sections 3 to 7, inclusive, of this act, adding Sections 65358.5, 65850.10, 65905.5, 65913.3, and 65913.10 to the Government Code, apply to all cities, including charter cities.SEC. 10.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
