Bill Text: CA SB744 | 2019-2020 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Planning and zoning: California Environmental Quality Act: permanent supportive housing.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2019-09-26 - Chaptered by Secretary of State. Chapter 346, Statutes of 2019. [SB744 Detail]

Download: California-2019-SB744-Amended.html

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Amended  IN  Senate  March 27, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill

No. 744

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Introduced by Senator Caballero

February 22, 2019

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An act to add Article 12 (commencing with Section 65670) to Chapter 3 of Division 1 of Title 7 amend Sections 65650, 65651, and 65656 of the Government Code, and to add Chapter 5.5 (commencing with Section 21163) to Division 13 of the Public Resources Code, relating to housing.

LEGISLATIVE COUNSEL'S DIGEST

SB 744, as amended, Caballero. Planning and zoning: California Environmental Quality Act: permanent supportive housing: No Place Like Home Program.

(1) Existing law, known as the No Place Like Home Program, requires the Department of Housing and Community Development to award $2,000,000,000 among counties to finance capital costs, including, but not limited to, acquisition, design, construction, rehabilitation, or preservation, and to capitalize operating reserves, of permanent supportive housing for the target population, as specified. Existing law requires that $1,800,000,000 of the moneys available under the program be awarded, in at least 4 rounds, by a competitive program based on specified criteria, including that the county has developed a county plan to combat homelessness. Existing law requires that, before the disbursement of any funds for loans made pursuant to the competitive component of the No Place Like Home Program, the department and the development sponsor, as defined, enter into a regulatory agreement that includes specified provisions.

The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment.

Existing law authorizes the court, upon the motion of a party, to award attorney’s fees to a prevailing party in an action that has resulted in the enforcement of an important right affecting the public interest if 3 conditions are met.

This bill would require the lead agency to prepare concurrently the record of proceeding for a No Place Like Home project, as defined, with the performance of the environmental review of the project. project if that project is not eligible for approval as a use by right, as described below. Because the bill would impose additional duties on the lead agency, this bill would impose a state-mandated local program. The bill would require the lead agency to file and post a notice of determination within 2 working days of the approval of the project. The bill would require a person filing an action or proceeding challenging the lead agency’s action on the grounds of noncompliance with CEQA to file the action or proceeding within 10 days of the filing of the notice of determination. determination or, in the case of a project that is eligible for approval as a use by right, as described below, the date of the public agency’s decision to carry out or approve the project. The bill would require a person bringing an action or proceeding to file a copy of the pleading with the Attorney General concurrent with the filing of the action or proceeding with the court. The bill would require the lead agency to file a copy the record of proceeding with the Attorney General concurrent with the filing of the record with the court. The bill would require the Attorney General, within 45 days of the receipt of the record of proceedings, to determine whether the action or proceeding is brought in the public interest. The bill would prohibit the court, if the Attorney General finds that the action or proceeding is not brought in the public interest or fails to make a determination, from awarding attorney’s fees to a prevailing petitioner. The bill would apply the Rules of Court, which require an action or proceeding brought against certain projects or the granting of any approval for those projects, including any potential appeals therefrom, to be resolved, to the extent feasible, within 270 days of the filing of the certified record of proceedings with the court, to actions and proceedings against a No Place Like Home project.

This bill would specify that a decision of a public agency to seek funding from, or the department’s awarding of funds pursuant to, the No Place Like Home Program is not a project for purposes of CEQA.

The

(2) The Planning and Zoning Law 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 that includes, among other mandatory elements, a housing element. Under that law, supportive housing, as defined, is a use by right in zones where multifamily and mixed uses are permitted if the proposed housing development meets specified criteria and the developer provides the planning agency with a plan for providing supportive services, as specified. Existing law authorizes a local government to require a supportive housing development to comply with objective, written development standards and policies, but requires that the development only be subject to those objective development standards and policies that apply to other multifamily housing within the same zone. Existing law limits supportive housing developments allowed under these provisions to 50 units or fewer in certain cities and counties, but authorizes these cities and counties to develop a policy to approve as a use by right a proposed housing development with a limit higher than 50 units. Existing law includes findings that these provisions address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.

Existing law, known as the No Place Like Home Program, requires the Department of Housing and Community Development to award $2,000,000,000 among counties to finance capital costs, including, but not limited to, acquisition, design, construction, rehabilitation, or preservation, and to capitalize operating reserves, of permanent supportive housing for the target population, as specified. Existing law requires that $1,800,000,000 of the moneys available under the program be awarded, in at least 4 rounds, by a competitive program based on specified criteria, including that the county has developed a county plan to combat homelessness. Existing law requires that, before the disbursement of any funds for loans made pursuant to the competitive component of the No Place Like Home Program, the department and the development sponsor, as defined, enter into a regulatory agreement that includes specified provisions.

This bill would require that permanent supportive housing, be a use by right, as defined, in zones where multifamily and mixed uses are permitted, including nonresidential zones permitting multifamily uses, if the proposed housing development meets specified criteria, including that the expand the definition of “supportive housing” under these provisions to include associated facilities if they are used to provide services to housing residents and revise the definition of “supportive services” for these purposes. The bill would also expand these provisions to apply to supportive housing that is either (1) included in a county’s application for competitive funds under the No Place Like Home Program or (2) subject to a regulatory agreement between the developer and the Department of Housing and Community Development, as described above. The bill would require a local government to approve permanent supportive housing that complies with these requirements, but would authorize the local government to engage in design review, subject to specified requirements. above, under the program. The bill would define the term “objective development standards and policies” for these purposes and require that a local government’s review of a supportive housing development under these standards and policies be consistent with specified other law and consider whether the development, excluding certain units, is consistent with the objective development standards and the objective design review standards in effect at the time that the application for the supportive housing is submitted. The bill would also provide that development of a policy to approve as a use by right a development with a limit higher than 50 units, as described above, is not a project for purposes of CEQA. The bill would specify that its provisions do not prohibit a local government from imposing fees and other exactions, as specified, but would prohibit a local government from adopting any requirement, including increased fees, that applies to a project solely or partially on the basis that the housing project constitutes a permanent supportive housing development or based on the development’s eligibility for ministerial approval pursuant to these provisions. The bill would include findings that the changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, revise the above-described findings of statewide concern to specify that these changes apply to all cities, including charter cities.

This bill, by authorizing supportive housing as a use by right under certain circumstances, expanding the scope of supportive housing allowed as a use by right, would expand the exemption for the ministerial approval of projects under CEQA. Because this bill would add additional duties on local planning officials, this bill would impose a state-mandated local program.

This bill would specify that a decision of a public agency to seek funding from, or the department’s awarding of funds pursuant to, the program is not a project for purposes of CEQA.

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.

(3) 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: YES  

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Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 The Legislature finds and declares all of the following:

(a) California is facing an unprecedented affordable housing and homeless crisis.

(b) Homelessness and access to affordable housing are two of the state’s biggest challenges today.

(c) One in three Californians cannot afford their rents.

(d) California is home to the largest share of veterans and youth experiencing homelessness.

(e) The funding for the No Place Like Home Program (Part 3.9 (commencing with Section 5849.1) of Division 5 of the Welfare and Institutions Code) was adopted by a large percentage of California voters and is focused on helping people who are experiencing homelessness and suffering from a serious mental illness get off the streets and into housing and treatment.

(f) The No Place Like Home Fund provides moneys to incentivize counties to fund housing for the most vulnerable people experiencing homelessness who are suffering from serious mental illness by building and providing the stable, supportive housing needed to help them heal and live with dignity and stay off the streets.

(g) Research and common sense show that providing people with a stable place to live along with mental health services promotes housing stability and ends homelessness.

(h) Stable, supportive housing also significantly reduces public health costs, reduces suffering for people who are experiencing homelessness and suffering from a mental illness, and achieves better health outcomes.

(i) Permanent supportive housing is good for those who are suffering on our streets and it is good for all Californians.

(j) Expanding affordable permanent housing with supportive services is what California must do for the health of our community.

(k) More than 134,000 people are languishing on our streets, huddled on sidewalks, and sleeping under freeways and along riverbanks.

(l) As many as one-third of the people living in these unsafe conditions are living with an untreated mental illness.

(m) Decades of research shows providing people with a stable place to live along with mental health services promotes healthy and stable lives.

(n) Without the foundation of a stable home connected to mental health care, people suffering from serious mental illness are unable to make it to doctor’s appointments and specialized counseling services, often showing up in emergency rooms as a last resort.

(o) Permanent supportive housing significantly reduces public health costs, reduces suffering for patients, and achieves better health outcomes.

(p) For the public well-being, California must ensure that the No Place Like Home Fund is used quickly for purposes of keeping Californians experiencing homelessness off the streets, out of hospitals and emergency rooms, and receiving the mental health services they need.

SEC. 2.Article 12 (commencing with Section 65670) is added to Chapter 3 of Division 1 of Title 7 of the Government Code, to read:

12.No Place Like Home Program Housing

65670.

For purposes of this article:

(a)“Bus stop on a high-quality transit corridor” means a bus stop with bus service that, on average, has a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute periods.

(b)“Developer” means a development sponsor, as that term is defined in Section 5849.2 of the Welfare and Institutions Code, who submits an application for the development of permanent supportive housing pursuant to this article.

(c)“Local government” means a city, county, or city and county, whether general law or chartered.

(d)“Permanent supportive housing” has the same meaning as specified in Section 5849.2 of the Welfare and Institutions Code.

(e)“Qualified urban use” means any residential, commercial, manufacturing, retail, public institutional, transit or transportation passenger facility use, or any combination of those uses.

(f)“Reasonable objective design review standards” mean standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the developer and the public official.

(g)“Urbanized area” means either an incorporated city or a census tract with a population density of at least 2,500 persons per square mile.

(h)(1)“Use by right” means that the local government’s review of the permanent supportive housing shall not require a conditional use permit, planned unit development permit, or other discretionary local government review or approval that would constitute a “project” for purposes of Division 13 (commencing with Section 21000) of the Public Resources Code.

(2)Any subdivision of a site for permanent supportive housing pursuant to this article shall be subject to all laws, including, but not limited to, the local government ordinance implementing the Subdivision Map Act (Division 2 (commencing with Section 66410)). However, that act of subdivision shall not constitute a “project” for purposes of Division 13 (commencing with Section 21000) of the Public Resources Code.

(3)A local ordinance may provide that “use by right” does not exempt the use from design review. However, that design review shall not constitute a “project” for purposes of Division 13 (commencing with Section 21000) of the Public Resources Code and shall additionally comply with the requirements set forth in Section 65672.

65671.

Notwithstanding Section 65651, permanent supportive housing shall be a use by right in zones where multifamily and mixed uses are permitted, including nonresidential zones, as of January 1, 2020, or in zones where those uses are subsequently allowed by amendment of the local government’s general plan or zoning ordinances, if the proposed housing development satisfies all of the following requirements:

(a)The proposed permanent supportive housing meets either or both of the following criteria:

(1)The proposed permanent supportive housing is specified in a county’s application for an award of funds pursuant to Section 5849.8 of the Welfare and Institutions Code.

(2)The proposed permanent supportive housing is subject to a regulatory agreement entered into between a developer and the Department of Housing and Community Development pursuant to subdivision (g) of Section 5849.8 of the Welfare and Institutions Code

(b)(1)The site of the proposed permanent supportive housing is located within one-half mile of an existing or planned rail transit station, ferry terminal served by either a bus or rail transit service, or bus stop on a high-quality transit corridor.

(2)For purposes of this subdivision, a project site shall be considered to be within one-half mile of an existing or planned rail transit station, ferry terminal, or bus stop if either of the following apply:

(A)No more than 25 percent of the parcels contained on the project site are farther than one-half mile from a qualifying rail transit station, ferry terminal, or bus stop.

(B)No more than 10 percent of the residential units are farther than one-half mile of a qualifying rail transit station, ferry terminal, or bus stop.

(3)In the case of a project site that qualifies pursuant to this paragraph based on proximity to a planned rail transit station, ferry terminal, or bus stop, that planned station, terminal, or stop shall be scheduled to be completed within the planning horizon included in a transportation improvement program adopted pursuant to Section 450.216 or 450.322 of Title 23 of the Code of Federal Regulations.

(c)The site of the proposed permanent supportive housing constitutes an infill site based on either of the following criteria:

(1)The site has been previously developed for a qualified urban use.

(2)The site is a vacant site in which at least 75 percent of the perimeter of the site adjoins parcels that are developed with urban uses. For the purposes of this paragraph, parcels that are only separated by an improved public right-of-way shall be considered to be adjoined.

(d)The site of the proposed permanent supportive housing is an urbanized area.

(e)The proposed permanent supportive housing will have a residential density of at least 20 units per acre or, where applicable zoning requirements include a maximum density of less than 20 units per acre, at least 80 percent of the maximum allowed density in effect prior to submission of an application for a permanent supportive housing development.

65672.

(a)(1)A local government shall approve a permanent supportive housing development that complies with the applicable requirements of this article.

(2)For purposes of this section, a permanent supportive housing development shall be deemed to be consistent and in compliance with the applicable requirements of this article if there is substantial evidence that would allow a reasonable person to conclude that the permanent supportive housing development is consistent and in compliance with the applicable requirements of this article.

(b)The local government may engage in design review of a permanent supportive housing development, subject to the following requirements:

(1)The design review is objective and strictly focused on assessing compliance with any reasonable objective design review standards that comply with the following requirements:

(A)The reasonable objective design review standards are generally applicable to residential dwellings of the same type in the same zone within the jurisdiction.

(B)The design review standards are published and adopted by ordinance or resolution of the local government before submission of the application for the proposed permanent supportive housing development to the local government.

(2)The reasonable objective design review standards applicable to a permanent supportive housing development may be embodied in objective land use specifications adopted by a local government, subject to the following:

(A)A development shall be deemed consistent with applicable reasonable objective design review standards related to housing density, as applicable, if the density proposed is compliant with the maximum density allowed within that land use designation as of January 1, 2020, or any increase in maximum density adopted by the local government thereafter.

(B)In the event that objective zoning, general plan, or design review standards are mutually inconsistent, a permanent supportive housing development shall be deemed consistent with reasonable objective design review standards pursuant to this subdivision if the permanent supportive housing development is consistent with the standards set forth in the general plan.

(3)The design review process or public oversight shall be completed as follows and shall not in any way inhibit, chill, or preclude the ministerial approval provided by this section or its effect, as applicable:

(A)If the proposed permanent supportive housing development contains 150 or fewer units, within 90 days of submission of the application to the local government pursuant to this article.

(B)If the proposed permanent supportive housing development contains more than 150 units, within 180 days of submission of the application to the local government pursuant to this article.

65673.

This article does not prohibit a local government from imposing fees and other exactions otherwise authorized by law that are essential to provide necessary public services and facilities to housing developments. However, a local government shall not adopt any requirement, including, but not limited to, increased fees, that applies to a project solely or partially on the basis that the project constitutes a permanent supportive housing development or based on the development’s eligibility to receive ministerial approval pursuant to this article.

65674.

The Legislature finds and declares that, by adoption of Proposition 2 at the November 6, 2018, statewide general election, the voters expressly approved of the development of permanent supportive housing pursuant to the No Place Like Home Program (Part 3.9 (commencing with Section 5849.1) of Division 5 of the Welfare and Institutions Code). The Legislature further finds and declares that ensuring the development of permanent supportive housing in accordance with that program, by removing zoning barriers that would otherwise inhibit that development, 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, this article applies to all cities, including charter cities.

SEC. 2.

 Section 65650 of the Government Code is amended to read:

65650.

 For purposes of this article, the following definitions shall apply:

(a) (1) “Objective development standards and policies” and “objective design review standards” mean standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official before submittal.

(2) The local government may embody these objective development standards and objective design standards in alternative objective land use specifications adopted by the local government, that may include, but are not limited to, housing overlay zones, specific plans, inclusionary zoning ordinances, and density bonus ordinances, subject to the following:

(A) A development shall be deemed consistent with the objective development standards related to housing density, as applicable, if the density proposed is compliant with the maximum density allowed within that land use designation, notwithstanding any specified maximum unit allocation that may result in fewer units of housing being permitted.

(B) In the event that applicable objective development standards and objective design review standards are mutually inconsistent, a development shall be deemed consistent with the development standards pursuant to this subdivision if the development is consistent with the standards set forth in the general plan.

(a)

(b) “Supportive housing” shall have the same meaning as defined in Section 50675.14 of the Health and Safety Code.means housing with no limit on length of stay, that is occupied by the target population, and that is linked to onsite or offsite services that assist residents in retaining the housing, improving their health status, and maximizing their ability to live and, when possible, work in the community. “Supportive housing” includes associated facilities, if those facilities are used to provide services to housing residents.

(b)

(c) “Supportive services” shall have the same meaning as defined in Section 65582. means facilities that provide residents of supportive housing with services that include, but are not limited to, intensive care management, medical and mental health care, substance abuse treatment, employment services, and benefits advocacy.

(c)

(d) “Target population” shall have the same meaning as defined in Section 50675.14 of the Health and Safety Code.

(d)

(e) (1) “Use by right” shall have the same meaning as defined in subdivision (i) of Section 65583.2.

(2) Any discretion exercised by a local government in determining whether a project qualifies as a use by right pursuant to this article or discretion otherwise exercised pursuant to Section 65651 does not affect that local government’s determination that a supportive housing development qualifies as a use by right pursuant to this article.

(3) A local government shall not adopt an ordinance providing that a project that qualifies as a use by right pursuant to this article is subject to design review, as authorized by subdivision (i) of Section 65583.2 and subdivision (b) of Section 65651, unless both of the following are met.

(A) That design review is objective and strictly focused on assessing compliance with criteria required for supportive housing developments, as well as any reasonable objective design standards published and adopted by ordinance or resolution by the local government before submission of a development application.

(B) The local government applies those objective design review standards broadly to development within the local government’s jurisdiction.

SEC. 3.

 Section 65651 of the Government Code is amended to read:

65651.

 (a) Supportive housing shall be a use by right in zones where multifamily and mixed uses are permitted, including nonresidential zones permitting multifamily uses, if the proposed housing development satisfies all of the following requirements: either of the following apply:

(1) The proposed housing development meets either of the following criteria:

(A) The development is specified in a county’s application for an award of funds pursuant to Section 5849.8 of the Welfare and Institutions Code.

(B) The development is subject to a regulatory agreement entered into between a developer and the Department of Housing and Community Development pursuant to subdivision (g) of Section 5849.8 of the Welfare and Institutions Code

(2) The proposed housing development satisfies all of the following requirements:

(1)

(A) Units within the development are subject to a recorded affordability restriction for 55 years.

(2)

(B) One hundred percent of the units, excluding managers’ units, within the development are dedicated to lower income households and are receiving public funding to ensure affordability of the housing to lower income Californians. For purposes of this paragraph, “lower income households” has the same meaning as defined in Section 50079.5 of the Health and Safety Code.

(3)

(C) At least 25 percent of the units in the development or 12 units, whichever is greater, are restricted to residents in supportive housing who meet criteria of the target population. If the development consists of fewer than 12 units, then 100 percent of the units, excluding managers’ units, in the development shall be restricted to residents in supportive housing.

(4)

(D) The developer provides the planning agency with the information required by Section 65652.

(5)

(E) Nonresidential floor area shall be used for onsite supportive services in the following amounts:

(A)

(i) For a development with 20 or fewer total units, at least 90 square feet shall be provided for onsite supportive services.

(B)

(ii) For a development with more than 20 units, at least 3 percent of the total nonresidential floor area shall be provided for onsite supportive services that are limited to tenant use, including, but not limited to, community rooms, case management offices, computer rooms, and community kitchens.

(6)

(F) The developer replaces any dwelling units on the site of the supportive housing development in the manner provided in paragraph (3) of subdivision (c) of Section 65915.

(7)

(G) Units within the development, excluding managers’ units, include at least one bathroom and a kitchen or other cooking facilities, including, at minimum, a stovetop, a sink, and a refrigerator.

(b) (1) The local government may require a supportive housing development subject to this article to comply with objective, written written, objective development standards and policies; provided, however, that policies. However, the local government shall only require the development shall only be subject to to comply with the objective development standards and policies that apply to other multifamily development within the same zone.

(2) The local government, when conducting a review of a supportive housing development to determine whether the development complies with objective development standards pursuant to this subdivision shall do both of the following:

(A) Be consistent with the requirements of subdivision (f) of Section 65589.5.

(B) Consider whether the development, excluding any additional density bonus or any other concessions, incentives, or waivers of development standards granted pursuant to the Density Bonus Law in Section 65915, is consistent with the objective zoning standards and objective design review standards in effect at the time that the development is submitted to the local government pursuant to this article.

(c) Notwithstanding any other provision of this section to the contrary, the local government shall, at the request of the project owner, reduce the number of residents required to live in supportive housing if the project-based rental assistance or operating subsidy for a supportive housing project is terminated through no fault of the project owner, but only if all of the following conditions have been met:

(1) The owner demonstrates that it has made good faith efforts to find other sources of financial support.

(2) Any change in the number of supportive service housing units is restricted to the minimum necessary to maintain the project’s financial feasibility.

(3) Any change to the occupancy of the supportive housing units is made in a manner that minimizes tenant disruption and only upon the vacancy of any supportive housing units.

(d) If the proposed housing development is located within a city with a population of fewer than 200,000 or the unincorporated area of a county with a population of fewer than 200,000, and the city or the unincorporated area of the county has a population of persons experiencing homelessness of 1,500 or fewer, according to the most recently published homeless point-in-time-count, the development, in addition to the requirements of subdivision (a), shall consist of 50 units or fewer to be a use by right pursuant to this article. A city or county described in this subdivision may develop a policy to approve as a use by right proposed housing developments with a limit higher than 50 units. A policy to approve as a use by right proposed housing developments with a limit higher than 50 units does not constitute a “project” for purposes of Division 13 (commencing with Section 21000) of the Public Resources Code.

(e) This article does not prohibit a local government from imposing fees and other exactions otherwise authorized by law that are essential to provide necessary public services and facilities to housing developments. However, a local government shall not adopt any requirement, including, but not limited to, increased fees or other exactions, that applies to a project solely or partially on the basis that the project constitutes a permanent supportive housing development or based on the development’s eligibility to receive ministerial approval pursuant to this article.

SEC. 4.

 Section 65656 of the Government Code is amended to read:

65656.

 The Legislature finds and declares that that, by adoption of Proposition 2 at the November 6, 2018, statewide general election, the voters expressly approved of the development of permanent supportive housing pursuant to the No Place Like Home Program (Part 3.9 (commencing with Section 5849.1) of Division 5 of the Welfare and Institutions Code). The Legislature further finds and declares that the provision of adequate supportive housing to help alleviate the severe shortage of housing opportunities for people experiencing homelessness in this state and of necessary services to the target population described in Section 50675.14 of the Health and Safety Code is a matter Code, and that ensuring the development of permanent supportive housing in accordance with programs such as the No Place Like Home Program (Part 3.9 (commencing with Section 5849.1) of Division 5 of the Welfare and Institutions Code) by removing zoning barriers that would otherwise inhibit that development, are matters of statewide concern and is are not a municipal affair affairs as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this article applies to all cities, including charter cities.

SEC. 3.SEC. 5.

 Chapter 5.5 (commencing with Section 21163) is added to Division 13 of the Public Resources Code, to read:

CHAPTER  5.5. No Place Like Home Projects

21163.

 For purposes of this chapter, “No Place Like Home project” means a project in which at least 20 percent of the construction costs of the project are financed by for which a public agency seeks, or the Department of Housing and Community Development awards, moneys made available pursuant to the No Place Like Home Program (Part 3.9 (commencing with Section 5849.1) of Division 5 of the Welfare and Institution Code).

21163.1.

 Notwithstanding Section 21065, a A decision by a public agency to seek funding from, or the Department of Housing and Community Development’s awarding of funds pursuant to, the No Place Like Home Program is deemed to be a funding mechanism or other government fiscal activity that does not involve any commitment to any specific project that may result in a potentially significant physical impact on the environment and is not a project for purposes of this division. (Part 3.9 (commencing with Section 5849.1) of Division 5 of the Welfare and Institutions Code) does not constitute a “project” for purposes of this division.

21163.2.

 The If a No Place Like Home project is not eligible for approval as a use by right pursuant to Article 11 (commencing with Section 65650) of Chapter 3 of Division 1 of Title 7 of the Government Code and is subject to this division, the lead agency shall prepare and certify the record of proceeding for the environmental review of a that No Place Like Home project in accordance with Section 21186.

21163.3.

 (a) If a local agency approves or determines to carry out a No Place Like Home project that is subject to this division, the local agency shall file and post the notice required by subdivision (a) of Section 21152 within two working days of the approval of the project in accordance with the requirements of Section 21152.

(b) Notwithstanding Section 21167, an action or proceeding to attack, review, set aside, void, or annul the acts or decision of a public agency on the grounds of noncompliance with this division for a No Place Like Home project shall commence within 10 days from either of the date following, as applicable:

(1) If the No Place Like Home project is subject to this division, the date of the filing of the notice required pursuant to subdivision (a).

(2) If the No Place Like Home project is not subject to this division, the date of the public agency’s decision to carry out or approve the project.

21163.4.

 (a) (1) Concurrent with the filing of the petition, a person bringing an action or proceeding against a No Place Like Home project shall, in accordance with Section 21167.7, file a copy of the pleading with the Attorney General.

(2) Concurrent with the filing of the certified record of proceeding with the court, the lead agency shall file a copy of the record of proceeding with the Attorney General.

(b) Within 45 days of the receipt of the certified record of proceeding, the Attorney General shall review the pleading and the record of proceeding and shall determine whether the action or proceeding is brought to protect a public interest. If the Attorney General determines that the action or proceeding is not brought in the public interest or fails to make a determination within the 45-day period, the court shall not award attorney’s fees to a prevailing petitioner in the action or proceeding pursuant to Section 1021.5 of the Code of Civil Procedure.

21163.5.

 Rules 3.2220 to 3.2237, inclusive, of the California Rules of Court, as may be amended by the Judicial Council, shall apply to any action or proceeding brought to attack, review, set aside, void, or annul the certification or adoption of an environmental review document for a No Place Like Home project or the granting of any approval for that project, to require the action or proceeding, including any potential appeals therefrom, to be resolved, to the extent feasible, within 270 days of the filing of the certified record of proceedings with the court. On or before September 1, 2020, the Judicial Council shall amend the California Rules of Court, as necessary, to implement this section.

SEC. 4.

No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.

SEC. 6.

 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, a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.

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.