Bill Text: CA SB330 | 2019-2020 | Regular Session | Amended
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-Amended.html
Amended
IN
Assembly
July 01, 2019 |
Amended
IN
Assembly
June 25, 2019 |
Amended
IN
Assembly
June 12, 2019 |
Amended
IN
Senate
May 21, 2019 |
Amended
IN
Senate
May 07, 2019 |
Amended
IN
Senate
April 24, 2019 |
Amended
IN
Senate
April 04, 2019 |
Amended
IN
Senate
March 25, 2019 |
Senate Bill | No. 330 |
Introduced by Senator Skinner |
February 19, 2019 |
LEGISLATIVE COUNSEL'S DIGEST
(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, 2025, with respect to land where housing is an allowable use on or after January 1, 2018, would prohibit a county or city in which specified conditions exist, determined by the Department of Housing and Community Development as provided, from imposing any new, increasing or enforcing any existing, requirement that a proposed housing development include parking in excess of specified amounts. 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 require a project that requires the demolition of housing to comply with specified requirements, including the provision of relocation assistance and a right of first refusal in the new housing to displaced occupants, as provided. The bill would require that any units for which a developer provides relocation assistance or a right of first refusal be considered in determining whether the housing development project satisfies the requirements, if applicable, of an inclusionary housing ordinance of the county or city.
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)
(5)
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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:SEC. 3.
Section 65589.5 of the Government Code is amended to read:65589.5.
(a) (1) The Legislature finds and declares all of the following:(7)
SEC. 4.
Section 65905.5 is added to the Government Code, to read:65905.5.
(a) Notwithstanding any other law, if a proposed housing development project complies with the applicable, objective general plan and zoning standards in effect at the time an application is deemed complete, a city, county, or city and county shall not conduct more than five hearings pursuant to Section 65905, or any other law, ordinance, or regulation requiring a public hearing in connection with the approval of that housing development project. If the city, county, or city and county continues a hearing subject to this section to another date, the continued hearing shall count as one of the five hearings allowed under this section. The city, county, or city and county shall consider and either approve or disapprove the application at any of the five hearings allowed under this section consistent with the applicable timelines under the Permit Streamlining Act (Chapter 4.5 (commencing with Section 65920)).(a)As used in this section:
(1)(A)Except as otherwise provided in subparagraph (B), “affected city” means a city or city and county, including a charter city, for which the Department of Housing and Community Development determines, pursuant to subdivision (f), that the average of both of the following amounts is greater than zero:
(i)The percentage by which the city’s average rate of rent
differed from 130 percent of the national median rent in 2017, based on the federal 2013–2017 American Community Survey 5-year Estimates.
(ii)The percentage by which the vacancy rate for residential rental units differed from the national vacancy rate, based on the federal 2013–2017 American Community Survey 5-year Estimates.
(B)Notwithstanding subparagraph (A), “affected city” does not include any city that has a population of 5,000 or less and is not located within an urban core.
(2)“Affected county” means the unincorporated portions of a county that are wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau, for which the Department of
Housing and Community Development determines, pursuant to subdivision (f), that the average of both of the following amounts is greater than zero:
(A)The percentage by which the average rate of rent for residential uses in the unincorporated portions of the county that are wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau, differed from 130 percent of the national median rent in 2017, based on the federal 2013-2017 American Community Survey 5-year Estimates.
(B)The percentage by which the vacancy rate for residential rental units in the unincorporated portions of the county that are wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau, differed
from the national vacancy rate, based on the federal 2013-2017 American Community Survey 5-year Estimates.
(3)Notwithstanding any other law, for purposes of any action that this section prohibits an affected county or an affected city from doing, “affected county” and “affected city” includes the electorate of the affected county or affected city, as applicable, 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 affected city.
(4)“Housing development project” has the same meaning as defined in paragraph (2) of subdivision (h) of Section 65589.5.
(b)Notwithstanding any other law, with respect to land where housing is an allowable use on or after January 1, 2018, an affected county or an affected city, as applicable, shall not impose any new, or increase or enforce any existing, requirement that a proposed housing development include parking, as applicable:
(1)A minimum parking requirement if the proposed housing development is within one-quarter mile of a rail stop that is a major transit stop, as defined in subdivision (b) of Section 21155 of the Public Resources Code, there is unobstructed access to the major transit stop from the proposed housing development, and the proposed housing development is in an affected city that meets either of the following:
(A)The affected city is located in a county with a
population of greater than 700,000.
(B)The affected city has a population of 100,000 or greater and is located in a county with a population of 700,000 or less.
(2)A minimum parking requirement in excess of 0.5 spaces per unit in affected cities that are not subject to paragraph (1).
(c)A proposed housing development project is not inconsistent with the applicable zoning standards and criteria, and shall not require a rezoning, if the housing development project is consistent with the objective general plan standards and criteria in effect as of January 1, 2018, but the zoning for the project site is inconsistent with the general plan. If the local agency complies with the written documentation
requirements of paragraph (2) of subdivision (j) of Section 65589.5, the local agency may require the proposed housing development project to comply with the objective standards and criteria of the zoning that is consistent with the general plan, however, the standards and criteria shall be applied to facilitate and accommodate development at the density allowed on the site by the general plan and proposed by the proposed housing development project.
(d)If the affected county or affected 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 affected city’s general plan land use designation and zoning ordinances as in effect as of January 1, 2018, the affected county or affected city shall allow the project at that higher density.
(e)Notwithstanding any other provision of this section, both of the following shall apply:
(1)An affected city or an affected county shall not approve a housing development project subject to this section that will require the demolition of residential dwelling units unless both of the following requirements are met:
(A)The project will create at
least as many residential dwelling units as will be demolished.
(B)The affected city or affected county is not prohibited from approving the demolition of the residential dwelling units pursuant to any local ordinance or other law.
(2)An affected city or an affected county shall not approve a housing development project subject to this section that will require the demolition of occupied or vacant protected units, unless all of the following apply:
(A)(i)The project will replace all existing or demolished protected units.
(ii)Any protected units replaced pursuant to this subparagraph shall be considered in determining whether the
housing development project satisfies the requirements of Section 65915 or a locally adopted requirement that requires, as a condition of the development of residential rental units, that the project provide a certain percentage of residential rental units affordable to, and occupied by, households with incomes that do not exceed the limits for moderate-income, lower income, very low income, or extremely low income households, as specified in Sections 50079.5, 50093, 50105, and 50106 of the Health and Safety Code.
(iii)Notwithstanding clause (i), a protected unit that is or was, within the five-year period preceding the application, subject to a form of rent or price control through a local government’s valid exercise of its police power, and that is or was occupied by persons or families above lower income, the affected city or affected
county may do either of the following:
(I)Require that the replacement units be made available at affordable rent or affordable housing cost to, and occupied by, low-income persons or families. If the replacement units will be rental dwelling units, these units shall be subject to a recorded affordability restriction for at least 55 years.
(II)Require that the units be replaced in compliance with the jurisdiction‘s rent or price control ordinance, provided that each unit is replaced. Unless otherwise required by the affected city or affected county‘s rent or price control ordinance, these units shall not be subject to a recorded affordability restriction.
(B)The housing development project will include at least as many
residential dwelling units as the greatest number of residential dwelling units that existed on the project site within the last five years, unless the project will be 100 percent affordable, exclusive of a managers unit or units, to lower income or very low-income households.
(C)Any existing residents will be allowed to occupy their units until six months before the start of construction activities with proper notice, subject to Chapter 16 (commencing with Section 7260) of Division 7 of Title 1.
(D)The developer agrees to provide both of the following to the occupants of any protected units:
(i)Relocation benefits, to the occupants of those affordable residential rental units, subject to Chapter 16 (commencing with Section
7260) of Division 7 of Title 1.
(ii)A right of first refusal for a comparable unit available in the new housing development affordable to the household at an affordable rent, as defined in Section 50053 of the Health and Safety Code, or an affordable housing cost, as defined in 50052.5.
(E)The affected city or affected county is not prohibited from approving the demolition of the residential dwelling units pursuant to any local ordinance or other law.
(F)For purposes of this paragraph:
(i)“Equivalent size” means that the replacement units contain at least the same total number of bedrooms as the units being replaced.
(ii)“Protected units” means any of the following:
(I)Residential dwelling units that are or were subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of lower or very low income within the past five years.
(II)Residential dwelling units that are or were subject to any form of rent or price control through a public entity’s valid exercise of its police power within the past five years.
(III)Residential dwelling units that are or were occupied by lower or very low income households within the past five years.
(IV)Residential dwelling units that were withdrawn from rent or lease in
accordance with Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 within the past ten years.
(iii)“Replace” shall have the same meaning as provided in subparagraph (B) of paragraph (3) or subdivision (c) of Section 65915.
(3)This subdivision shall not supersede any provision of a locally adopted ordinance that places greater restrictions on the demolition of residential dwelling units or the subdivision of residential rental units, or that requires greater relocation assistance to displaced households.
(f)The Department of Housing and Community Development shall determine those cities and counties in this state that are affected cities and affected counties, in accordance with subdivision (a), by
June 30, 2020. The department’s determination shall remain valid until January 1, 2025.
(g)(1)Except as provided in paragraphs (3) and (4) and in subdivision (h), this section shall prevail over any conflicting provision of this title or other law regulating housing development in this state to the extent that this section more fully advances the intent specified in paragraph (2).
(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 mitigation measures that are necessary to comply with the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).
(4)This section shall not apply to a housing development project located within a very high fire hazard severity zone. For purposes of this paragraph, “very high fire hazard severity zone” has the same meaning as provided in Section 51177.
(h)(1)Nothing in this section supersedes, limits, or otherwise modifies the requirements of, or the standards of review pursuant to, Division 13 (commencing with Section 21000) of the Public Resources
Code.
(2)Nothing in this section supersedes, limits, or otherwise modifies the requirements of the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code).
(i)This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
SEC. 6.SEC. 5.
Section 65913.10 is added to the Government Code, to read:65913.10.
(a) 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 unless any archaeological, paleontological, or tribal cultural resources are encountered during any grading, site disturbance, or building alteration activities.SEC. 7.SEC. 6.
Section 65941.1 is added to the Government Code, to read:65941.1.
(a) An applicant for a housing development project, as defined in paragraph (2) of subdivision (h) of Section 65589.5, shall be deemed to have submitted a preliminary application upon providing all of the following information about the proposed project to the city, county, or city and county from which approval for the project is being sought and upon payment of the permit processing fee:SEC. 8.SEC. 7.
Section 65943 of the Government Code is amended to read:65943.
(a) Not later than 30 calendar days after any public agency has received an application for a development project, the agency shall determine in writing whether the application is complete and shall immediately transmit the determination to the applicant for the development project. If the application is determined to be incomplete, the lead agency shall provide the applicant with an exhaustive list of items that were not complete. That list shall be limited to those items actually required on the lead agency’s submittal requirement checklist. In any subsequent review of the application determined to be incomplete, the local agency shall not request the applicant to provide any new information that was not stated in the initial list of items that were not complete. If the written determination is not made within 30 days after receipt of the application, and the application includes a statement that it is an application for a development permit, the application shall be deemed complete for purposes of this chapter. Upon receipt of any resubmittal of the application, a new 30-day period shall begin, during which the public agency shall determine the completeness of the application. If the application is determined not to be complete, the agency’s determination shall specify those parts of the application which are incomplete and shall indicate the manner in which they can be made complete, including a list and thorough description of the specific information needed to complete the application. The applicant shall submit materials to the public agency in response to the list and description.SEC. 9.SEC. 8.
Section 65943 is added to the Government Code, to read:65943.
(a) Not later than 30 calendar days after any public agency has received an application for a development project, the agency shall determine in writing whether the application is complete and shall immediately transmit the determination to the applicant for the development project. If the written determination is not made within 30 days after receipt of the application, and the application includes a statement that it is an application for a development permit, the application shall be deemed complete for purposes of this chapter. Upon receipt of any resubmittal of the application, a new 30-day period shall begin, during which the public agency shall determine the completeness of the application. If the application is determined not to be complete, the agency’s determination shall specify those parts of the application which are incomplete and shall indicate the manner in which they can be made complete, including a list and thorough description of the specific information needed to complete the application. The applicant shall submit materials to the public agency in response to the list and description.SEC. 10.SEC. 9.
Section 65950 of the Government Code is amended to read:65950.
(a) A public agency that is the lead agency for a development project shall approve or disapprove the project within whichever of the following periods is applicable:SEC. 11.SEC. 10.
Section 65950 is added to the Government Code, to read:65950.
(a) A public agency that is the lead agency for a development project shall approve or disapprove the project within whichever of the following periods is applicable:SEC. 12.SEC. 11.
Section 65950.2 is added to the Government Code, to read:65950.2.
(a) Notwithstanding any other law, the deadlines specified in this article are mandatory.SEC. 13.SEC. 12.
Chapter 12 (commencing with Section 66300) is added to Division 1 of Title 7 of the Government Code, to read:CHAPTER 12. Housing Crisis Act of 2019
66300.
(a) As used in this section:(d)
(e)
(f)(1)Notwithstanding Section 9215, 9217, or 9323 of the Elections Code or any other provision of law, except the California Constitution and as provided in paragraph (2), any requirement that local voter approval, or the approval of a supermajority of any body of the affected county or the affected city, be obtained to increase the allowable intensity of housing, to establish housing as an allowable use, or to provide services and infrastructure necessary to develop housing, is hereby declared against public policy and void. For purposes of this subdivision, “intensity of housing” is broadly defined to include, but is not limited to, height, density, or floor area ratio, or open space or lot size requirements, or setback requirements, minimum frontage requirements, or maximum lot coverage limitations, or anything that would be a less intensive use or reduction in
the intensity of land use as defined in this subdivision.
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(g)
(h)
(i)