20250SB__067792AMD INTRODUCED 2025-02-21 AMENDED_SENATE 2025-04-01 AMENDED_SENATE 2025-04-09 AMENDED_SENATE 2026-01-05 AMENDED_SENATE 2026-01-08 AMENDED_ASSEMBLY 2026-06-08 AMENDED_ASSEMBLY 2026-06-24 AMENDED_ASSEMBLY 2026-07-07 2025 SB AMD Introduced by Senator Wiener (Coauthor: Assembly Member Caloza) LEAD_AUTHOR SENATE Wiener COAUTHOR ASSEMBLY Caloza

An act to amend Sections 6519, 66452.5, 66458, 66462, and 66474.7 of, to add Sections 6505.7 and 66452.8 to, and to repeal

Section 6547.9 of, the Government Code, relating to housing. housing Housing financing: joint powers agreements: bond approvals: subdivisions: tentative and final maps: appeals. Existing law, the Housing Accountability Act (act), among other things, prohibits a local agency from disapproving, or conditioning approval in a manner that renders infeasible, a housing development project for very low, low-, or moderate-income households unless the local agency makes written findings as to one of certain sets of conditions, as specified.

The act defines the term “disapprove the housing development project” for its purposes to include various actions, or inactions, by a local agency, as specified.</xhtml:p><xhtml:p>This bill would expand the definition of “disapprove the housing development project” under the act to include, in the case of a housing development project that includes the issuance of tax-exempt private activity bonds, a local agency’s failure to take the actions required by certain federal tax regulations in connection with the issuance of those tax-exempt private activity bonds.

The bill would specify that these provisions do not require a local agency to take any action that would result in it incurring any financial liability, debt, or obligation. By mandating new duties on local agencies with respect to housing development projects that include the issuance of tax-exempt private activity bonds, this bill would impose a state-mandated local program.</xhtml:p>"?> Existing law, the Joint Exercise of Powers Act, authorizes or more public agencies, by agreement, to form a joint powers authority to exercise any power common to the contracting parties, as specified.

Existing law, for the purposes of that act, defines the term “public agency” to include various federal, state, local, and tribal entities. Existing law requires approval by the Department of General Services of certain joint powers agreements that include the state as a member, as provided. Existing law authorizes a joint powers authority to issue revenue bonds to pay the costs and expenses of acquiring, constructing, or conducting a program for, among other things, low-income housing projects owned or operated by a city, county, city and county, or housing authority.

Existing law provides that the Treasurer and the Secretary of State are designated as elected representatives for federal tax purposes of a joint powers agency created to approve or certify the issuance of bonds, notes, or other evidence of indebtedness issued by or on behalf of the joint powers agency to the extent approval is required by federal tax law.

This bill would, instead, provide that the Treasurer is designated as an applicable elected representative of a joint powers authority and may, at the discretion of the joint powers authority, approve the issuance of bonds, notes, or other evidence of indebtedness issued by or on behalf of the joint powers agency to the extent approval is required by federal tax law, as specified.

The bill would additionally authorize the Treasurer to execute an agreement including the state as a member of a joint powers authority without obtaining approval from the Department of General Services and would authorize the Treasurer to provide any approval, consent, or other action related to the issuance of bonds, including, but not limited to, approvals required by federal tax law.

Existing law additionally authorizes, subject to specified limitations, any city or county to issue revenue bonds for the purpose of financing the acquisition, construction, rehabilitation, refinancing, or development of multifamily rental housing and for the provision of capital improvements in connection with, and determined necessary to, that multifamily rental housing.

This bill would specify that, for the purposes of the above-described provisions, “city,” “county,” and “city and county” are deemed to include the state when the state is a member of a joint powers authority, and would specify that the Treasurer provides the applicable approval, consent, or other action with respect to the issuance of bonds. The bill would declare that its provisions are declaratory of existing law.

Existing law provides that the State of California will not change the composition of a joint powers authority that has issued bonds, unless the change is authorized by a majority vote of applicable legislative bodies, as provided. Existing law defines “change in composition” to include, among others, the addition of a public agency, as defined, to a joint powers authority.

This bill would, notwithstanding the above-described definition, provide that the state becoming a member of an existing joint powers authority shall not, in and of itself, constitute a “change in composition.” The bill would make additional nonsubstantive and conforming changes. Existing law, the Subdivision Map Act, provides for the approval of tentative and final parcel maps by various local officials, as specified. The act authorizes an appeal of the local official’s decision to the local legislative body, as provided.

This bill would create an exception from the above-described authority as it applies to appeals by an interested person for maps that meet specified criteria, as provided. The bill would exempt from these provisions an appeal filed by an applicant, subdivider, tenant, advisory agency, or public agency or official, as specified. 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.

MAJORITY NO YES YES NO NO NO NO NO NO NO The people of the State of California do enact as follows: <caml:Num>SECTION 1.</caml:Num><caml:ActionLine action="IS_AMENDED" xlink:href="urn:caml:codes:GOV:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'TITLE'%20and%20caml%3ANum%3D'7.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'1.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'3.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'10.6.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'65589.5.'%5D)" xlink:label="fractionType: LAW_SECTION" xlink:type="locator">Section 65589.5 of the <caml:DocName>Government Code</caml:DocName> is amended to read:</caml:ActionLine><caml:Fragment><caml:LawSection id="id_97F6A794-244F-4AF8-A471-0DF0E13F361C"><caml:Num>65589.5.</caml:Num><caml:LawSectionVersion id="id_DA2427CF-7A02-425A-891A-B116B86F8B71"><caml:Content><xhtml:p>(a)<xhtml:span class="EnSpace"/>(1)<xhtml:span class="EnSpace"/>The Legislature finds and declares all of the following:</xhtml:p><xhtml:p>(A)<xhtml:span class="EnSpace"/>The lack of housing, including emergency shelters, is a critical problem that threatens the economic, environmental, and social quality of life in California.</xhtml:p><xhtml:p>(B)<xhtml:span class="EnSpace"/>California housing has become the most expensive in the nation.

The excessive cost of the state’s housing supply is partially caused by activities and policies of many local governments that limit the approval of housing, increase the cost of land for housing, and require that high fees and exactions be paid by producers of housing.</xhtml:p><xhtml:p>(C)<xhtml:span class="EnSpace"/>Among the consequences of those actions are discrimination against low-income and minority households, lack of housing to support employment growth, imbalance in jobs and housing, reduced mobility, urban sprawl, excessive commuting, and air quality deterioration.</xhtml:p><xhtml:p>(D)<xhtml:span class="EnSpace"/>Many local governments do not give adequate attention to the economic, environmental, and social costs of decisions that result in disapproval of housing development projects, reduction in density of housing projects, and excessive standards for housing development projects.</xhtml:p><xhtml:p>(2)<xhtml:span class="EnSpace"/>In enacting the amendments made to this

section by the act adding this paragraph, the Legislature further finds and declares the following:</xhtml:p><xhtml:p>(A)<xhtml:span class="EnSpace"/>California has a housing supply and affordability crisis of historic proportions.

The consequences of failing to effectively and aggressively confront this crisis are hurting millions of Californians, robbing future generations of the chance to call California home, stifling economic opportunities for workers and businesses, worsening poverty and homelessness, and undermining the state’s environmental and climate objectives.</xhtml:p><xhtml:p>(B)<xhtml:span class="EnSpace"/>While the causes of this crisis are multiple and complex, the absence of meaningful and effective policy reforms to significantly enhance the approval and supply of housing affordable to Californians of all income levels is a key factor.</xhtml:p><xhtml:p>(C)<xhtml:span class="EnSpace"/>The crisis has grown so acute in California that supply, demand, and affordability fundamentals are characterized in the negative: underserved demands, constrained supply, and protracted unaffordability.</xhtml:p><xhtml:p>(D)<xhtml:span class="EnSpace"/>According to reports and data, California has accumulated an unmet housing backlog of nearly 2,000,000 units and must provide for at least 180,000 new units annually to keep pace with growth through 2025.</xhtml:p><xhtml:p>(E)<xhtml:span class="EnSpace"/>California’s overall home ownership rate is at its lowest level since the 1940s.

The state ranks 49th out of the states in home ownership rates as well as in the supply of housing per capita.

Only one-half of California’s households are able to afford the cost of housing in their local regions.</xhtml:p><xhtml:p>(F)<xhtml:span class="EnSpace"/>Lack of supply and rising costs are compounding inequality and limiting advancement opportunities for many Californians.</xhtml:p><xhtml:p>(G)<xhtml:span class="EnSpace"/>The majority of California renters, more than 3,000,000 households, pay more than percent of their income toward rent and nearly one-third, more than 1,500,000 households, pay more than percent of their income toward rent.</xhtml:p><xhtml:p>(H)<xhtml:span class="EnSpace"/>When Californians have access to safe and affordable housing, they have more money for food and health care; they are less likely to become homeless and in need of government-subsidized services; their children do better in school; and businesses have an easier time recruiting and retaining employees.</xhtml:p><xhtml:p>(I)<xhtml:span class="EnSpace"/>An additional consequence of the state’s cumulative housing shortage is a significant increase in greenhouse gas emissions caused by the displacement and redirection of populations to states with greater housing opportunities, particularly working- and middle-class households.

California’s cumulative housing shortfall therefore has not only national but international environmental consequences.</xhtml:p><xhtml:p>(J)<xhtml:span class="EnSpace"/>California’s housing picture has reached a crisis of historic proportions despite the fact that, for decades, the Legislature has enacted numerous statutes intended to significantly increase the approval, development, and affordability of housing for all income levels, including this section.</xhtml:p><xhtml:p>(K)<xhtml:span class="EnSpace"/>The Legislature’s intent in enacting this

section in and in expanding its provisions since then was to significantly increase the approval and construction of new housing for all economic segments of California’s communities by meaningfully and effectively curbing the capability of local governments to deny, reduce the density for, or render infeasible housing development projects and emergency shelters. That intent has not been fulfilled.</xhtml:p><xhtml:p>(L)<xhtml:span class="EnSpace"/>It is the policy of the state that this

section be interpreted and implemented in a manner to afford the fullest possible weight to the interest of, and the approval and provision of, housing.</xhtml:p><xhtml:p>(3)<xhtml:span class="EnSpace"/>It is the intent of the Legislature that the conditions that would have a specific, adverse impact upon the public health and safety, as described in paragraph (2) of subdivision (

d) and paragraph (1) of subdivision (j), arise infrequently.</xhtml:p><xhtml:p>(4)<xhtml:span class="EnSpace"/>It is the intent of the Legislature that the amendments removing provisions from subparagraphs (

D) and (

E) of paragraph (6) of subdivision (

h) and adding those provisions to Sections 65589.5.1 and 65589.5.2 by Assembly Bill 1413 (2023), insofar as they are substantially the same as existing law, shall be considered restatements and continuations of existing law, and not new enactments.</xhtml:p><xhtml:p>(b)<xhtml:span class="EnSpace"/>It is the policy of the state that a local government not reject or make infeasible housing development projects, including emergency shelters, that contribute to meeting the need determined pursuant to this

article without a thorough analysis of the economic, social, and environmental effects of the action and without complying with subdivision (d).</xhtml:p><xhtml:p>(c)<xhtml:span class="EnSpace"/>The Legislature also recognizes that premature and unnecessary development of agricultural lands for urban uses continues to have adverse effects on the availability of those lands for food and fiber production and on the economy of the state.

Furthermore, it is the policy of the state that development should be guided away from prime agricultural lands; therefore, in implementing this section, local jurisdictions should encourage, to the maximum extent practicable, in filling existing urban areas.</xhtml:p><xhtml:p>(d)<xhtml:span class="EnSpace"/>For a housing development project for very low, low-, or moderate-income households, or an emergency shelter, a local agency shall not disapprove the housing development project or emergency shelter, or condition approval in a manner that renders the housing development project or emergency shelter infeasible, including through the use of design review standards, unless it makes written findings, based upon a preponderance of the evidence in the record, as to one of the following:</xhtml:p><xhtml:p>(1)<xhtml:span class="EnSpace"/>The jurisdiction has adopted a housing element pursuant to this

article that has been revised in accordance with

Section 65588, is in substantial compliance with this article, and the jurisdiction has met or exceeded its share of the regional housing need allocation pursuant to

Section for the planning period for the income category proposed for the housing development project, provided that any disapproval or conditional approval shall not be based on any of the reasons prohibited by

Section 65008. If the housing development project includes a mix of income categories, and the jurisdiction has not met or exceeded its share of the regional housing need for one or more of those categories, then this paragraph shall not be used to disapprove or conditionally approve the housing development project. The share of the regional housing need met by the jurisdiction shall be calculated consistently with the forms and

definitions that may be adopted by the Department of Housing and Community Development pursuant to

Section 65400. In the case of an emergency shelter, the jurisdiction shall have met or exceeded the need for emergency shelter, as identified pursuant to paragraph (7) of subdivision (

a) of

Section 65583. Any disapproval or conditional approval pursuant to this paragraph shall be in accordance with applicable law, rule, or standards.</xhtml:p><xhtml:p>(2)<xhtml:span class="EnSpace"/>The housing development project or emergency shelter as proposed would have a specific, adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact without rendering the development unaffordable to low- and moderate-income households or rendering the development of the emergency shelter financially infeasible.

As used in this paragraph, a “specific, adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.

The following shall not constitute a specific, adverse impact upon the public health or safety:</xhtml:p><xhtml:p>(A)<xhtml:span class="EnSpace"/>Inconsistency with the zoning ordinance or general plan land use designation.</xhtml:p><xhtml:p>(B)<xhtml:span class="EnSpace"/>The eligibility to claim a welfare exemption under subdivision (

g) of

Section of the Revenue and Taxation Code.</xhtml:p><xhtml:p>(3)<xhtml:span class="EnSpace"/>The denial of the housing development project or imposition of conditions is required in order to comply with specific state or federal law, and there is no feasible method to comply without rendering the development unaffordable to low- and moderate-income households or rendering the development of the emergency shelter financially infeasible.</xhtml:p><xhtml:p>(4)<xhtml:span class="EnSpace"/>The housing development project or emergency shelter is proposed on land zoned for agriculture or resource preservation that is surrounded on at least two sides by land being used for agricultural or resource preservation purposes, or which does not have adequate water or wastewater facilities to serve the project.</xhtml:p><xhtml:p>(5)<xhtml:span class="EnSpace"/>On the date an application for the housing development project or emergency shelter was deemed complete, the jurisdiction had adopted a revised housing element that was in substantial compliance with this article, and the housing development project or emergency shelter was inconsistent with both the jurisdiction’s zoning ordinance and general plan land use designation as specified in any element of the general plan.</xhtml:p><xhtml:p>(A)<xhtml:span class="EnSpace"/>This paragraph shall not be utilized to disapprove or conditionally approve a housing development project proposed on a site, including a candidate site for rezoning, that is identified as suitable or available for very low, low-, or moderate-income households in the jurisdiction’s housing element if the housing development project is consistent with the density specified in the housing element, even though the housing development project was inconsistent with both the jurisdiction’s zoning ordinance and general plan land use designation on the date the application was deemed complete.</xhtml:p><xhtml:p>(B)<xhtml:span class="EnSpace"/>If the local agency has failed to identify a zone or zones where emergency shelters are allowed as a permitted use without a conditional use or other discretionary permit, has failed to demonstrate that the identified zone or zones include sufficient capacity to accommodate the need for emergency shelter identified in paragraph (7) of subdivision (

a) of

Section 65583, or has failed to demonstrate that the identified zone or zones can accommodate at least one emergency shelter, as required by paragraph (4) of subdivision (

a) of

Section 65583, then this paragraph shall not be utilized to disapprove or conditionally approve an emergency shelter proposed for a site designated in any element of the general plan for industrial, commercial, or multifamily residential uses. In any action in court, the burden of proof shall be on the local agency to show that its housing element does satisfy the requirements of paragraph (4) of subdivision (

a) of

Section 65583.</xhtml:p><xhtml:p>(6)<xhtml:span class="EnSpace"/>On the date an application for the housing development project or emergency shelter was deemed complete, the jurisdiction did not have an adopted revised housing element that was in substantial compliance with this

article and the housing development project is not a builder’s remedy project.</xhtml:p><xhtml:p>(e)<xhtml:span class="EnSpace"/>Nothing in this

section shall be construed to relieve the local agency from complying with the congestion management program required by

Chapter 2.6 (commencing with

Section 65088) of Division of Title or the California Coastal Act of 1976 (Division 20 (commencing with

Section 30000) of the Public Resources Code). Neither shall anything in this

section be construed to relieve the local agency from making one or more of the findings required pursuant to

Section of the Public Resources Code or otherwise complying with the California Environmental Quality Act (Division 13 (commencing with

Section 21000) of the Public Resources Code).</xhtml:p><xhtml:p>(f)<xhtml:span class="EnSpace"/>(1)<xhtml:span class="EnSpace"/>Except as provided in paragraphs (6) and (8) of this subdivision, and subdivision (o), nothing in this

section shall be construed to prohibit a local agency from requiring the housing development project to comply with objective, quantifiable, written development standards, conditions, and policies appropriate to, and consistent with, meeting the jurisdiction’s share of the regional housing need pursuant to

Section 65584. However, the development standards, conditions, and policies shall be applied to facilitate and accommodate development at the density permitted on the site and proposed by the development. Nothing in this

section shall limit a project’s eligibility for a density bonus, incentive, or concession, or waiver or reduction of development standards and parking ratios, pursuant to

Section 65915.</xhtml:p><xhtml:p>(2)<xhtml:span class="EnSpace"/>Except as provided in subdivision (o), nothing in this

section shall be construed to prohibit a local agency from requiring an emergency shelter project to comply with objective, quantifiable, written development standards, conditions, and policies that are consistent with paragraph (4) of subdivision (

a) of

Section and appropriate to, and consistent with, meeting the jurisdiction’s need for emergency shelter, as identified pursuant to paragraph (7) of subdivision (

a) of

Section 65583. However, the development standards, conditions, and policies shall be applied by the local agency to facilitate and accommodate the development of the emergency shelter project.</xhtml:p><xhtml:p>(3)<xhtml:span class="EnSpace"/>Except as provided in subdivision (o), nothing in this

section shall be construed to prohibit a local agency from imposing fees and other exactions otherwise authorized by law that are essential to provide necessary public services and facilities to the housing development project or emergency shelter.</xhtml:p><xhtml:p>(4)<xhtml:span class="EnSpace"/>For purposes of this section, a housing development project or emergency shelter shall be deemed consistent, compliant, and in conformity with an applicable plan, program, policy, ordinance, standard, requirement, or other similar provision if there is substantial evidence that would allow a reasonable person to conclude that the housing development project or emergency shelter is consistent, compliant, or in conformity.</xhtml:p><xhtml:p>(5)<xhtml:span class="EnSpace"/>For purposes of this section, a change to the zoning ordinance or general plan land use designation subsequent to the date the application was deemed complete shall not constitute a valid basis to disapprove or condition approval of the housing development project or emergency shelter.</xhtml:p><xhtml:p>(6)<xhtml:span class="EnSpace"/>Notwithstanding paragraphs (1) to (5), inclusive, all of the following apply to a housing development project that is a builder’s remedy project:</xhtml:p><xhtml:p>(A)<xhtml:span class="EnSpace"/>A local agency may only require the project to comply with the objective, quantifiable, written development standards, conditions, and policies that would have applied to the project had it been proposed on a site with a general plan designation and zoning classification that allow the density and unit type proposed by the applicant.

If the local agency has no general plan designation or zoning classification that would have allowed the density and unit type proposed by the applicant, the development proponent may identify any objective, quantifiable, written development standards, conditions, and policies associated with a different general plan designation or zoning classification within that jurisdiction, that facilitate the project’s density and unit type, and those shall apply.</xhtml:p><xhtml:p>(B)<xhtml:span class="EnSpace"/>(i)<xhtml:span class="EnSpace"/>Except as authorized by paragraphs (1) to (4), inclusive, of subdivision (d), a local agency shall not apply any individual or combination of objective, quantifiable, written development standards, conditions, and policies to the project that do any of the following:</xhtml:p><xhtml:p>(I)<xhtml:span class="EnSpace"/>Render the project infeasible.</xhtml:p><xhtml:p>(II)<xhtml:span class="EnSpace"/>Preclude a project that meets the requirements allowed to be imposed by subparagraph (A), as modified by any density bonus, incentive, or concession, or waiver or reduction of development standards and parking ratios, pursuant to

Section 65915, from being constructed as proposed by the applicant.</xhtml:p><xhtml:p>(ii)<xhtml:span class="EnSpace"/>The local agency shall bear the burden of proof of complying with clause (i).</xhtml:p><xhtml:p>(C)<xhtml:span class="EnSpace"/>(i)<xhtml:span class="EnSpace"/>A project applicant that qualifies for a density bonus pursuant to

Section shall receive two incentives or concessions in addition to those granted pursuant to paragraph (2) of subdivision (

d) of

Section 65915.</xhtml:p><xhtml:p>(ii)<xhtml:span class="EnSpace"/>For a project seeking density bonuses, incentives, concessions, or any other benefits pursuant to

Section 65915, and notwithstanding paragraph (6) of subdivision (

o) of

Section 65915, for purposes of this paragraph, maximum allowable residential density or base density means the density permitted for a builder’s remedy project pursuant to subparagraph (

C) of paragraph (11) of subdivision (h).</xhtml:p><xhtml:p>(iii)<xhtml:span class="EnSpace"/>A local agency shall grant any density bonus pursuant to

Section based on the number of units proposed and allowable pursuant to subparagraph (

C) of paragraph (11) of subdivision (h).</xhtml:p><xhtml:p>(iv)<xhtml:span class="EnSpace"/>A project that dedicates units to extremely low-income households pursuant to subclause (

I) of clause (

i) of subparagraph (

C) of paragraph (3) of subdivision (

h) shall be eligible for the same density bonus, incentives or concessions, and waivers or reductions of development standards as provided to a housing development project that dedicates three percentage points more units to very low income households pursuant to paragraph (2) of subdivision (

f) of

Section 65915.</xhtml:p><xhtml:p>(v)<xhtml:span class="EnSpace"/>All units dedicated to extremely low income, very low income, low-income, and moderate-income households pursuant to paragraph (11) of subdivision (

h) shall be counted as affordable units in determining whether the applicant qualifies for a density bonus pursuant to

Section 65915.</xhtml:p><xhtml:p>(D)<xhtml:span class="EnSpace"/>(i)<xhtml:span class="EnSpace"/>The project shall not be required to apply for, or receive approval of, a general plan amendment, specific plan amendment, rezoning, or other legislative approval.</xhtml:p><xhtml:p>(ii)<xhtml:span class="EnSpace"/>The project shall not be required to apply for, or receive, any approval or permit not generally required of a project of the same type and density proposed by the applicant.</xhtml:p><xhtml:p>(iii)<xhtml:span class="EnSpace"/>Any project that complies with this paragraph shall be deemed consistent, compliant, and in conformity with an applicable plan, program, policy, ordinance, standard, requirement, redevelopment plan and implementing instruments, or other similar provision for all purposes, and shall not be considered or treated as a nonconforming lot, use, or structure for any purpose.</xhtml:p><xhtml:p>(E)<xhtml:span class="EnSpace"/>A local agency shall not adopt or impose any requirement, process, practice, or procedure or undertake any course of conduct, including, but not limited to, increased fees or inclusionary housing requirements, that applies to a project solely or partially on the basis that the project is a builder’s remedy project.</xhtml:p><xhtml:p>(F)<xhtml:span class="EnSpace"/>(i)<xhtml:span class="EnSpace"/>A builder’s remedy project shall be deemed to be in compliance with the residential density standards for the purposes of complying with subdivision (

b) of

Section 65912.123.</xhtml:p><xhtml:p>(ii)<xhtml:span class="EnSpace"/>A builder’s remedy project shall be deemed to be in compliance with the objective zoning standards, objective subdivision standards, and objective design review standards for the purposes of complying with paragraph (5) of subdivision (

a) of

Section 65913.4.</xhtml:p><xhtml:p>(G)<xhtml:span class="EnSpace"/>(i)<xhtml:span class="EnSpace"/>(I)<xhtml:span class="EnSpace"/>If the local agency had a local affordable housing requirement, as defined in

Section 65912.101, that on January 1, 2024, required a greater percentage of affordable units than required under subparagraph (

A) of paragraph (11) of subdivision (h), or required an affordability level deeper than what is required under subparagraph (

A) of paragraph (11) of subdivision (h), then, except as provided in subclauses (II) and (III), the local agency may require a housing development for mixed-income households to comply with an otherwise lawfully applicable local affordability percentage or affordability level.

The local agency shall not require housing for mixed-income households to comply with any other aspect of the local affordable housing requirement.</xhtml:p><xhtml:p>(II)<xhtml:span class="EnSpace"/>Notwithstanding subclause (I), the local affordable housing requirements shall not be applied to require housing for mixed-income households to dedicate more than percent of the units to affordable units of any kind.</xhtml:p><xhtml:p>(III)<xhtml:span class="EnSpace"/>Housing for mixed-income households that is required to dedicate percent of the units to affordable units shall not be required to dedicate any of the affordable units at an income level deeper than lower income households, as defined in

Section 50079.5 of the Health and Safety Code.</xhtml:p><xhtml:p>(IV)<xhtml:span class="EnSpace"/>A local agency may only require housing for mixed-income households to comply with the local percentage requirement or affordability level described in subclause (

I) if it first makes written findings, supported by a preponderance of evidence, that compliance with the local percentage requirement or the affordability level, or both, would not render the housing development project infeasible.

If a reasonable person could find compliance with either requirement, either alone or in combination, would render the project infeasible, the project shall not be required to comply with that requirement.</xhtml:p><xhtml:p>(ii)<xhtml:span class="EnSpace"/>Affordable units in the development project shall have a comparable bedroom and bathroom count as the market rate units.</xhtml:p><xhtml:p>(iii)<xhtml:span class="EnSpace"/>Each affordable unit dedicated pursuant to this subparagraph shall count toward satisfying a local affordable housing requirement.

Each affordable unit dedicated pursuant to a local affordable housing requirement that meets the criteria established in this subparagraph shall count towards satisfying the requirements of this subparagraph. This is declaratory of existing law.</xhtml:p><xhtml:p>(7)<xhtml:span class="EnSpace"/>(A)<xhtml:span class="EnSpace"/>For a housing development project application that is deemed complete before January 1, 2025, the development proponent for the project may choose to be subject to the provisions of this

section that were in place on the date the preliminary application was submitted, or, if the project meets the definition of a builder’s remedy project, it may choose to be subject to any or all of the provisions of this

section applicable as of January 1, 2025.</xhtml:p><xhtml:p>(B)<xhtml:span class="EnSpace"/>Notwithstanding subdivision (

c) of

Section 65941.1, for a housing development project deemed complete before January 1, 2025, the development proponent may choose to revise their application so that the project is a builder’s remedy project, without being required to resubmit a preliminary application, even if the revision results in the number of residential units or square footage of construction changing by percent or more.</xhtml:p><xhtml:p>(8)<xhtml:span class="EnSpace"/>A housing development project proposed on a site that is identified as suitable or available for very low, low-, or moderate-income households in the jurisdiction’s housing element, that is consistent with the density specified in the most recently updated and adopted housing element, and that is inconsistent with both the jurisdiction’s zoning ordinance and general plan land use designation on the date the application was deemed complete, shall be subject to the provisions of subparagraphs (A), (B), and (

D) of paragraph (6) and paragraph (9).</xhtml:p><xhtml:p>(9)<xhtml:span class="EnSpace"/>For purposes of this subdivision, “objective, quantifiable, written development standards, conditions, and policies” means criteria 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, including, but not limited to, any standard, ordinance, or policy described in paragraph (4) of subdivision (o).

Nothing herein shall affect the obligation of the housing development project to comply with the minimum building standards approved by the California Building Standards Commission as provided in

Part 2.5 (commencing with

Section 18901) of Division of the Health and Safety Code. In the event that applicable objective, quantifiable, written development standards, conditions, and policies are mutually inconsistent, a development shall be deemed consistent with the criteria that permits the density and unit type closest to that of the proposed project.</xhtml:p><xhtml:p>(g)<xhtml:span class="EnSpace"/>This

section shall be applicable to charter cities because the Legislature finds that the lack of housing, including emergency shelter, is a critical statewide problem.</xhtml:p><xhtml:p>(h)<xhtml:span class="EnSpace"/>The following

definitions apply for the purposes of this section:</xhtml:p><xhtml:p>(1)<xhtml:span class="EnSpace"/>“Feasible” means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social, and technological factors.</xhtml:p><xhtml:p>(2)<xhtml:span class="EnSpace"/>“Housing development project” means a use consisting of any of the following:</xhtml:p><xhtml:p>(A)<xhtml:span class="EnSpace"/>Residential units only.</xhtml:p><xhtml:p>(B)<xhtml:span class="EnSpace"/>Mixed-use developments consisting of residential and nonresidential uses that meet any of the following conditions:</xhtml:p><xhtml:p>(i)<xhtml:span class="EnSpace"/>A mixed-use development that meets both of the following:</xhtml:p><xhtml:p>(I)<xhtml:span class="EnSpace"/>At least two-thirds of the new or converted square footage is designated for residential use.</xhtml:p><xhtml:p>(II)<xhtml:span class="EnSpace"/>(ia)<xhtml:span class="EnSpace"/>No portion of the project is designated for use as a hotel, motel, bed and breakfast inn, or other transient lodging.</xhtml:p><xhtml:p>(ib)<xhtml:span class="EnSpace"/>(Ia)<xhtml:span class="EnSpace"/>Notwithstanding sub-subclause (ia), if a mixed-use project as defined in this paragraph includes a hotel, motel, bed and breakfast inn, or other transient lodging, the portion of the mixed-use project which does not include a hotel, motel, bed and breakfast inn, or other transient lodging shall be considered a housing development project.</xhtml:p><xhtml:p>(Ib)<xhtml:span class="EnSpace"/>The local agency may separately approve the portion of the project that includes a hotel, motel, bed and breakfast inn, or other transient lodging, which shall not be eligible for any benefits conferred on a housing development project by state law, including, but not limited to those available to a development under

Section 65913.4.</xhtml:p><xhtml:p>(ic)<xhtml:span class="EnSpace"/>For purposes of this subclause, the term “other transient lodging” does not include either of the following:</xhtml:p><xhtml:p>(Ia)<xhtml:span class="EnSpace"/>A residential hotel, as defined in

Section of the Health and Safety Code.</xhtml:p><xhtml:p>(Ib)<xhtml:span class="EnSpace"/>After the issuance of a certificate of occupancy, a resident’s use or marketing of a unit as short-term lodging, as defined in

Section 17568.8 of the Business and Professions Code, in a manner consistent with local law.</xhtml:p><xhtml:p>(ii)<xhtml:span class="EnSpace"/>At least percent of the new or converted square footage is designated for residential use and the project meets both of the following:</xhtml:p><xhtml:p>(I)<xhtml:span class="EnSpace"/>The project includes at least net new residential units.</xhtml:p><xhtml:p>(II)<xhtml:span class="EnSpace"/>No portion of the project is designated for use as a hotel, motel, bed and breakfast inn, or other transient lodging, except a portion of the project may be designated for use as a residential hotel, as defined in

Section of the Health and Safety Code.</xhtml:p><xhtml:p>(iii)<xhtml:span class="EnSpace"/>At least percent of the net new or converted square footage is designated for residential use and the project meets all of the following:</xhtml:p><xhtml:p>(I)<xhtml:span class="EnSpace"/>The project includes at least net new residential units.</xhtml:p><xhtml:p>(II)<xhtml:span class="EnSpace"/>The project involves the demolition or conversion of at least 100,000 square feet of nonresidential use.</xhtml:p><xhtml:p>(III)<xhtml:span class="EnSpace"/>The project demolishes at least percent of the existing nonresidential uses on the site.</xhtml:p><xhtml:p>(IV)<xhtml:span class="EnSpace"/>No portion of the project is designated for use as a hotel, motel, bed and breakfast inn, or other transient lodging, except a portion of the project may be designated for use as a residential hotel, as defined in

Section of the Health and Safety Code.</xhtml:p><xhtml:p>(C)<xhtml:span class="EnSpace"/>Transitional housing or supportive housing.</xhtml:p><xhtml:p>(D)<xhtml:span class="EnSpace"/>Farmworker housing, as defined in subdivision (

h) of

Section 50199.7 of the Health and Safety Code.</xhtml:p><xhtml:p>(3)<xhtml:span class="EnSpace"/>(A)<xhtml:span class="EnSpace"/>“Housing for very low, low-, or moderate-income households” means housing for lower income households, mixed-income households, or moderate-income households.</xhtml:p><xhtml:p>(B)<xhtml:span class="EnSpace"/>“Housing for lower income households” means a housing development project in which percent of the units, excluding managers’ units, are dedicated to lower income households, as defined in

Section 50079.5 of the Health and Safety Code, at an affordable cost, as defined by

Section 50052.5 of the Health and Safety Code, or an affordable rent set in an amount consistent with the rent limits established by the California Tax Credit Allocation Committee. The units shall be subject to a recorded deed restriction for a period of years for rental units and years for owner-occupied units.</xhtml:p><xhtml:p>(C)<xhtml:span class="EnSpace"/>(i)<xhtml:span class="EnSpace"/>“Housing for mixed-income households” means any of the following:</xhtml:p><xhtml:p>(I)<xhtml:span class="EnSpace"/>A housing development project in which at least percent of the total units, as defined in subparagraph (

A) of paragraph (8) of subdivision (

o) of

Section 65915, are dedicated to extremely low income households, as defined in

Section of the Health and Safety Code.</xhtml:p><xhtml:p>(II)<xhtml:span class="EnSpace"/>A housing development project in which at least percent of the total units, as defined in subparagraph (

A) of paragraph (8) of subdivision (

o) of

Section 65915, are dedicated to very low income households, as defined in

Section of the Health and Safety Code.</xhtml:p><xhtml:p>(III)<xhtml:span class="EnSpace"/>A housing development project in which at least percent of the total units, as defined in subparagraph (

A) of paragraph (8) of subdivision (

o) of

Section 65915, are dedicated to lower income households, as defined in

Section 50079.5 of the Health and Safety Code.</xhtml:p><xhtml:p>(IV)<xhtml:span class="EnSpace"/>A housing development project in which there are or fewer total units, as defined in subparagraph (

A) of paragraph (8) of subdivision (

o) of

Section 65915, that is on a site that is smaller than one acre, and that is proposed for development at a minimum density of units per acre.</xhtml:p><xhtml:p>(ii)<xhtml:span class="EnSpace"/>All units dedicated to extremely low income, very low income, and low-income households pursuant to clause (

i) shall meet both of the following:</xhtml:p><xhtml:p>(I)<xhtml:span class="EnSpace"/>The units shall have an affordable housing cost, as defined in

Section 50052.5 of the Health and Safety Code, or an affordable rent, as defined in

Section of the Health and Safety Code.</xhtml:p><xhtml:p>(II)<xhtml:span class="EnSpace"/>The development proponent shall agree to, and the local agency shall ensure, the continued affordability of all affordable rental units included pursuant to this

section for years and all affordable ownership units included pursuant to this

section for a period of years.</xhtml:p><xhtml:p>(D)<xhtml:span class="EnSpace"/>“Housing for moderate-income households” means a housing development project in which percent of the units are sold or rented to moderate-income households, as defined in

Section of the Health and Safety Code, at an affordable housing cost, as defined in

Section 50052.5 of the Health and Safety Code, or an affordable rent, as defined in

Section of the Health and Safety Code. The units shall be subject to a recorded deed restriction for a period of years for rental units and years for owner-occupied units.</xhtml:p><xhtml:p>(4)<xhtml:span class="EnSpace"/>“Area median income” means area median income as periodically established by the Department of Housing and Community Development pursuant to

Section of the Health and Safety Code.</xhtml:p><xhtml:p>(5)<xhtml:span class="EnSpace"/>Notwithstanding any other law, “deemed complete” means that the applicant has submitted a preliminary application pursuant to

Section 65941.1 or, if the applicant has not submitted a preliminary application, has submitted a complete application pursuant to

Section 65943.

The local agency shall bear the burden of proof in establishing that the application is not complete.</xhtml:p><xhtml:p>(6)<xhtml:span class="EnSpace"/>“Disapprove the housing development project” includes any instance in which a local agency does any of the following:</xhtml:p><xhtml:p>(A)<xhtml:span class="EnSpace"/>Votes or takes final administrative action on a proposed housing development project application and the application is disapproved, including any required land use approvals or entitlements necessary for the issuance of a building permit.</xhtml:p><xhtml:p>(B)<xhtml:span class="EnSpace"/>Fails to comply with the time periods specified in subdivision (

a) of

Section 65950. An extension of time pursuant to

Article 5 (commencing with

Section 65950) shall be deemed to be an extension of time pursuant to this paragraph.</xhtml:p><xhtml:p>(C)<xhtml:span class="EnSpace"/>Fails to meet the time limits specified in

Section 65913.3.</xhtml:p><xhtml:p>(D)<xhtml:span class="EnSpace"/>Fails to meet the time limit specified in

Section 17970.3 of the Health and Safety Code.</xhtml:p><xhtml:p>(E)<xhtml:span class="EnSpace"/>Fails to cease a course of conduct undertaken for an improper purpose, such as to harass or to cause unnecessary delay or needless increases in the cost of the proposed housing development project, that effectively disapproves the proposed housing development without taking final administrative action if all of the following conditions are met:</xhtml:p><xhtml:p>(i)<xhtml:span class="EnSpace"/>The project applicant provides written notice detailing the challenged conduct and why it constitutes disapproval to the local agency established under

Section 65100.</xhtml:p><xhtml:p>(ii)<xhtml:span class="EnSpace"/>Within five working days of receiving the applicant’s written notice described in clause (i), the local agency shall post the notice on the local agency’s internet website, provide a copy of the notice to any person who has made a written request for notices pursuant to subdivision (

f) of

Section of the Public Resources Code, and file the notice with the county clerk of each county in which the project will be located. The county clerk shall post the notice and make it available for public inspection in the manner set forth in subdivision (

c) of

Section of the Public Resources Code.</xhtml:p><xhtml:p>(iii)<xhtml:span class="EnSpace"/>The local agency shall consider all objections, comments, evidence, and concerns about the project or the applicant’s written notice and shall not make a determination until at least days after the applicant has given written notice to the local agency pursuant to clause (i).</xhtml:p><xhtml:p>(iv)<xhtml:span class="EnSpace"/>Within days of receipt of the applicant’s written notice described in clause (i), the local agency shall issue a written statement that it will immediately cease the challenged conduct or issue written findings that comply with both of the following requirements:</xhtml:p><xhtml:p>(I)<xhtml:span class="EnSpace"/>The findings articulate an objective basis for why the challenged course of conduct is necessary.</xhtml:p><xhtml:p>(II)<xhtml:span class="EnSpace"/>The findings provide clear instructions on what the applicant must submit or supplement so that the local agency can make a final determination regarding the next necessary approval or set the date and time of the next hearing.</xhtml:p><xhtml:p>(v)<xhtml:span class="EnSpace"/>(I)<xhtml:span class="EnSpace"/>If a local agency continues the challenged course of conduct described in the applicant’s written notice and fails to issue the written findings described in clause (iv), the local agency shall bear the burden of establishing that its course of conduct does not constitute a disapproval of the housing development project under this subparagraph in an action taken by the applicant.</xhtml:p><xhtml:p>(II)<xhtml:span class="EnSpace"/>If an applicant challenges a local agency’s course of conduct as a disapproval under this subparagraph, the local agency’s written findings described in clause (iv) shall be incorporated into the administrative record and be deemed to be the final administrative action for purposes of adjudicating whether the local agency’s course of conduct constitutes a disapproval of the housing development project under this subparagraph.</xhtml:p><xhtml:p>(vi)<xhtml:span class="EnSpace"/>A local agency’s action in furtherance of complying with the California Environmental Quality Act (Division 13 (commencing with

Section 21000) of the Public Resources Code), including, but not limited to, imposing mitigating measures, shall not constitute project disapproval under this subparagraph.</xhtml:p><xhtml:p>(F)<xhtml:span class="EnSpace"/>Fails to comply with

Section 65905.5. For purposes of this subparagraph, a builder’s remedy project shall be deemed to comply with the applicable, objective general plan and zoning standards in effect at the time an application is deemed complete.</xhtml:p><xhtml:p>(G)<xhtml:span class="EnSpace"/>(i)<xhtml:span class="EnSpace"/>Determines that an application for a housing development project is incomplete pursuant to subdivision (

a) or (

b) of

Section and includes in the determination an item that is not required on the local agency’s submittal requirement checklist. The local agency shall bear the burden of proof that the required item is listed on the submittal requirement checklist.</xhtml:p><xhtml:p>(ii)<xhtml:span class="EnSpace"/>In a subsequent review of an application pursuant to

Section 65943, requests the applicant provide new information that was not identified in the initial determination and upholds this determination in the final written determination on an appeal filed pursuant to subdivision (

c) of

Section 65943. The local agency shall bear the burden of proof that the required item was identified in the initial determination.</xhtml:p><xhtml:p>(iii)<xhtml:span class="EnSpace"/>Determines that an application for a housing development project is incomplete pursuant to subdivision (

a) or (

b) of

Section 65943, a reasonable person would conclude that the applicant has submitted all of the items required on the local agency’s submittal requirement checklist, and the local agency upholds this determination in the final written determination on an appeal filed pursuant to subdivision (

c) of

Section 65943.</xhtml:p><xhtml:p>(iv)<xhtml:span class="EnSpace"/>If a local agency determines that an application is incomplete under

Section after two resubmittals of the application by the applicant, the local agency shall bear the burden of establishing that the determination is not an effective disapproval of a housing development project under this section.</xhtml:p><xhtml:p>(H)<xhtml:span class="EnSpace"/>Violates subparagraph (

D) or (

E) of paragraph (6) of subdivision (f).</xhtml:p><xhtml:p>(I)<xhtml:span class="EnSpace"/>Makes a written determination that a preliminary application described in subdivision (

a) of

Section 65941.1 has expired or that the applicant has otherwise lost its vested rights under the preliminary application for any reason other than those described in subdivisions (

d) and (

e) of

Section 65941.1.</xhtml:p><xhtml:p>(J)<xhtml:span class="EnSpace"/>(i)<xhtml:span class="EnSpace"/>Fails to make a determination of whether the project is exempt from the California Environmental Quality Act (Division 13 (commencing with

Section 21000) of the Public Resources Code), or commits an abuse of discretion, as defined in subdivision (

b) of

Section 65589.5.1 if all of the conditions in

Section 65589.5.1 are satisfied.</xhtml:p><xhtml:p>(ii)<xhtml:span class="EnSpace"/>This subparagraph shall become inoperative on January 1, 2031.</xhtml:p><xhtml:p>(K)<xhtml:span class="EnSpace"/>(i)<xhtml:span class="EnSpace"/>Fails to adopt a negative declaration or addendum for the project, to certify an environmental impact report for the project, or to approve another comparable environmental document, such as a sustainable communities environmental assessment pursuant to

Section 21155.2 of the Public Resources Code, as required pursuant to the California Environmental Quality Act (Division 13 (commencing with

Section 21000) of the Public Resources Code), if all of the conditions in

Section 65589.5.2 are satisfied.</xhtml:p><xhtml:p>(ii)<xhtml:span class="EnSpace"/>This subparagraph shall become inoperative on January 1, 2031.</xhtml:p><xhtml:p>(L)<xhtml:span class="EnSpace"/>(i)<xhtml:span class="EnSpace"/>Fails to take any of the following actions required by

Section 1.147(f)-1 of Title of the Code of Federal Regulations if a housing development project includes the issuance of tax-exempt private activity bonds:</xhtml:p><xhtml:p>(I)<xhtml:span class="EnSpace"/>Hold a public hearing.</xhtml:p><xhtml:p>(II)<xhtml:span class="EnSpace"/>Provide the approval of the applicable elected representative of the governmental unit.</xhtml:p><xhtml:p>(III)<xhtml:span class="EnSpace"/>Take any other action required of the local agency by

Section 1.147(f)-1 of Title of the Code of Federal Regulations to facilitate the issuance of tax-exempt private activity bonds for the housing development project.</xhtml:p><xhtml:p>(ii)<xhtml:span class="EnSpace"/>This subparagraph shall not require a local agency to take any action that would result in it incurring any financial liability, debt, or obligation.</xhtml:p><xhtml:p>(7)<xhtml:span class="EnSpace"/>(A)<xhtml:span class="EnSpace"/>For purposes of this

section and Sections 65589.5.1 and 65589.5.2, “lawful determination” means any final decision about whether to approve or disapprove a statutory or categorical exemption or a negative declaration, addendum, environmental impact report, or comparable environmental review document under the California Environmental Quality Act (Division 13 (commencing with

Section 21000) of the Public Resources Code) that is not an abuse of discretion, as defined in subdivision (

b) of

Section 65589.5.1 or subdivision (

b) of

Section 65589.5.2.</xhtml:p><xhtml:p>(B)<xhtml:span class="EnSpace"/>This paragraph shall become inoperative on January 1, 2031.</xhtml:p><xhtml:p>(8)<xhtml:span class="EnSpace"/>“Lower density” includes any conditions that have the same effect or impact on the ability of the project to provide housing.</xhtml:p><xhtml:p>(9)<xhtml:span class="EnSpace"/>“Objective” means involving no personal or subjective judgment by a public official and being 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.</xhtml:p><xhtml:p>(10)<xhtml:span class="EnSpace"/>Notwithstanding any other law, “determined to be complete” means that the applicant has submitted a complete application pursuant to

Section 65943.</xhtml:p><xhtml:p>(11)<xhtml:span class="EnSpace"/>“Builder’s remedy project” means a project that meets all of the following criteria:</xhtml:p><xhtml:p>(A)<xhtml:span class="EnSpace"/>The project is a housing development project that provides housing for very low, low-, or moderate-income households.</xhtml:p><xhtml:p>(B)<xhtml:span class="EnSpace"/>On or after the date an application for the housing development project or emergency shelter was deemed complete, the jurisdiction did not have a housing element that was in substantial compliance with this article.</xhtml:p><xhtml:p>(C)<xhtml:span class="EnSpace"/>The project has a density such that the number of units, as calculated before the application of a density bonus pursuant to

Section 65915, complies with all of the following conditions:</xhtml:p><xhtml:p>(i)<xhtml:span class="EnSpace"/>The density does not exceed the greatest of the following densities:</xhtml:p><xhtml:p>(I)<xhtml:span class="EnSpace"/>Fifty percent greater than the minimum density deemed appropriate to accommodate housing for that jurisdiction as specified in subparagraph (

B) of paragraph (3) of subdivision (

c) of

Section 65583.2.</xhtml:p><xhtml:p>(II)<xhtml:span class="EnSpace"/>Three times the density allowed by the general plan, zoning ordinance, or state law, whichever is greater.</xhtml:p><xhtml:p>(III)<xhtml:span class="EnSpace"/>The density that is consistent with the density specified in the housing element.</xhtml:p><xhtml:p>(ii)<xhtml:span class="EnSpace"/>Notwithstanding clause (i), the greatest allowable density shall be units per acre more than the amount allowable pursuant to clause (i), if any portion of the site is located within any of the following:</xhtml:p><xhtml:p>(I)<xhtml:span class="EnSpace"/>One-half mile of a major transit stop, as defined in

Section 21064.3 of the Public Resources Code.</xhtml:p><xhtml:p>(II)<xhtml:span class="EnSpace"/>A very low vehicle travel area, as defined in subdivision (

b) of

Section 65589.5.1.</xhtml:p><xhtml:p>(III)<xhtml:span class="EnSpace"/>A high or highest resource census tract, as identified by the latest edition of the “CTCAC/HCD Opportunity Map” published by the California Tax Credit Allocation Committee and the Department of Housing and Community Development.</xhtml:p><xhtml:p>(D)<xhtml:span class="EnSpace"/>(i)<xhtml:span class="EnSpace"/>On sites that have a minimum density requirement and are located within one-half mile of a commuter rail station or a heavy rail station, the density of the project shall not be less than the minimum density required on the site.</xhtml:p><xhtml:p>(I)<xhtml:span class="EnSpace"/>For purposes of this subparagraph, “commuter rail” means a railway that is not a light rail, streetcar, trolley, or tramway and that is for urban passenger train service consisting of local short distance travel operating between a central city and adjacent suburb with service operated on a regular basis by or under contract with a transit operator for the purpose of transporting passengers within urbanized areas, or between urbanized areas and outlying areas, using either locomotive-hauled or self-propelled railroad passenger cars, with multitrip tickets and specific station-to-station fares.</xhtml:p><xhtml:p>(II)<xhtml:span class="EnSpace"/>For purposes of this subparagraph, “heavy rail” means an electric railway with the capacity for a heavy volume of traffic using high speed and rapid acceleration passenger rail cars operating singly or in multicar trains on fixed rails, separate rights-of-way from which all other vehicular and foot traffic are excluded, and high platform loading.</xhtml:p><xhtml:p>(ii)<xhtml:span class="EnSpace"/>On all other sites with a minimum density requirement, the density of the project shall not be less than the local agency’s minimum density or one-half of the minimum density deemed appropriate to accommodate housing for that jurisdiction as specified in subparagraph (

B) of paragraph (3) of subdivision (

c) of

Section 65583.2, whichever is lower.</xhtml:p><xhtml:p>(E)<xhtml:span class="EnSpace"/>The project site does not abut a site where more than one-third of the square footage on the site has been used, within the past three years, by a heavy industrial use, or a Title V industrial use, as those terms are defined in

Section 65913.16.</xhtml:p><xhtml:p>(12)<xhtml:span class="EnSpace"/>“Condition approval” includes imposing on the housing development project, or attempting to subject it to, development standards, conditions, or policies.</xhtml:p><xhtml:p>(13)<xhtml:span class="EnSpace"/>“Unit type” means the form of ownership and the kind of residential unit, including, but not limited to, single-family detached, single-family attached, for-sale, rental, multifamily, townhouse, condominium, apartment, manufactured homes and mobilehomes, factory-built housing, and residential hotel.</xhtml:p><xhtml:p>(14)<xhtml:span class="EnSpace"/>“Proposed by the applicant” means the plans and designs as submitted by the applicant, including, but not limited to, density, unit size, unit type, site plan, building massing, floor area ratio, amenity areas, open space, parking, and ancillary commercial uses.</xhtml:p><xhtml:p>(i)<xhtml:span class="EnSpace"/>If any city, county, or city and county denies approval or imposes conditions, including design changes, lower density, or a reduction of the percentage of a lot that may be occupied by a building or structure under the applicable planning and zoning in force at the time the housing development project’s application is complete, that have a substantial adverse effect on the viability or affordability of a housing development for very low, low-, or moderate-income households, and the denial of the development or the imposition of conditions on the development is the subject of a court action which challenges the denial or the imposition of conditions, then the burden of proof shall be on the local legislative body to show that its decision is consistent with the findings as described in subdivision (d), and that the findings are supported by a preponderance of the evidence in the record, and with the requirements of subdivision (o).</xhtml:p><xhtml:p>(j)<xhtml:span class="EnSpace"/>(1)<xhtml:span class="EnSpace"/>When a proposed housing development project complies with applicable, objective general plan, zoning, and subdivision standards and criteria, including design review standards, in effect at the time that the application was deemed complete, but the local agency proposes to disapprove the project or to impose a condition that the project be developed at a lower density, the local agency shall base its decision regarding the proposed housing development project upon written findings supported by a preponderance of the evidence on the record that both of the following conditions exist:</xhtml:p><xhtml:p>(A)<xhtml:span class="EnSpace"/>The housing development project would have a specific, adverse impact upon the public health or safety unless the project is disapproved or approved upon the condition that the project be developed at a lower density.

As used in this paragraph, a “specific, adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.</xhtml:p><xhtml:p>(B)<xhtml:span class="EnSpace"/>There is no feasible method to satisfactorily mitigate or avoid the adverse impact identified pursuant to paragraph (1), other than the disapproval of the housing development project or the approval of the project upon the condition that it be developed at a lower density.</xhtml:p><xhtml:p>(2)<xhtml:span class="EnSpace"/>(A)<xhtml:span class="EnSpace"/>If the local agency considers a proposed housing development project to be inconsistent, not in compliance, or not in conformity with an applicable plan, program, policy, ordinance, standard, requirement, or other similar provision as specified in this subdivision, it shall provide the applicant with written documentation identifying the provision or provisions, and an explanation of the reason or reasons it considers the housing development to be inconsistent, not in compliance, or not in conformity as follows:</xhtml:p><xhtml:p>(i)<xhtml:span class="EnSpace"/>Within days of the date that the application for the housing development project is determined to be complete, if the housing development project contains or fewer housing units.</xhtml:p><xhtml:p>(ii)<xhtml:span class="EnSpace"/>Within days of the date that the application for the housing development project is determined to be complete, if the housing development project contains more than units.</xhtml:p><xhtml:p>(B)<xhtml:span class="EnSpace"/>If the local agency fails to provide the required documentation pursuant to subparagraph (A), the housing development project shall be deemed consistent, compliant, and in conformity with the applicable plan, program, policy, ordinance, standard, requirement, or other similar provision.</xhtml:p><xhtml:p>(3)<xhtml:span class="EnSpace"/>For purposes of this section, the receipt of a density bonus, incentive, concession, waiver, or reduction of development standards pursuant to

Section shall not constitute a valid basis on which to find a proposed housing development project is inconsistent, not in compliance, or not in conformity, with an applicable plan, program, policy, ordinance, standard, requirement, or other similar provision specified in this subdivision.</xhtml:p><xhtml:p>(4)<xhtml:span class="EnSpace"/>For purposes of this section, 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 but the zoning for the project site is inconsistent with the general plan.

If the local agency has complied with paragraph (2), the local agency may require the proposed housing development project to comply with the objective standards and criteria of the zoning which 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.</xhtml:p><xhtml:p>(k)<xhtml:span class="EnSpace"/>(1)<xhtml:span class="EnSpace"/>(A)<xhtml:span class="EnSpace"/>(i)<xhtml:span class="EnSpace"/>The applicant, a person who would be eligible to apply for residency in the housing development project or emergency shelter, or a housing organization may bring an action to enforce this section.

If, in any action brought to enforce this section, a court finds that any of the following are met, the court shall issue an order pursuant to clause (ii):</xhtml:p><xhtml:p>(I)<xhtml:span class="EnSpace"/>The local agency, in violation of subdivision (d), disapproved a housing development project or conditioned its approval in a manner rendering it infeasible for the development of an emergency shelter, or housing for very low, low-, or moderate-income households, including farmworker housing, without making the findings required by this section.</xhtml:p><xhtml:p>(II)<xhtml:span class="EnSpace"/>The local agency, in violation of subdivision (j), disapproved a housing development project complying with applicable, objective general plan and zoning standards and criteria, or imposed a condition that the project be developed at a lower density, without making the findings required by this section.</xhtml:p><xhtml:p>(III)<xhtml:span class="EnSpace"/>The local agency, in violation of subdivision (o), required or attempted to require a housing development project to comply with an ordinance, policy, or standard not adopted and in effect when a preliminary application was submitted.</xhtml:p><xhtml:p>(IV)<xhtml:span class="EnSpace"/>The local agency violated a provision of this

section applicable to a builder’s remedy project.</xhtml:p><xhtml:p>(ii)<xhtml:span class="EnSpace"/>If the court finds that one of the conditions in clause (

i) is met, the court shall issue an order or judgment compelling compliance with this

section within a time period not to exceed days, including, but not limited to, an order that the local agency take action on the housing development project or emergency shelter. The court may issue an order or judgment directing the local agency to approve the housing development project or emergency shelter if the court finds that the local agency acted in bad faith when it disapproved or conditionally approved the housing development or emergency shelter in violation of this section.

The court shall retain jurisdiction to ensure that its order or judgment is carried out and shall award reasonable attorney’s fees and costs of suit to the plaintiff or petitioner, provided, however, that the court shall not award attorney’s fees in either of the following instances:</xhtml:p><xhtml:p>(I)<xhtml:span class="EnSpace"/>The court finds, under extraordinary circumstances, that awarding fees would not further the purposes of this section.</xhtml:p><xhtml:p>(II)<xhtml:span class="EnSpace"/>(ia)<xhtml:span class="EnSpace"/>In a case concerning a disapproval within the meaning of subparagraph (

J) or (

K) of paragraph (6) of subdivision (h), the court finds that the local agency acted in good faith and had reasonable cause to disapprove the housing development project due to the existence of a controlling question of law about the application of the California Environmental Quality Act (Division 13 (commencing with

Section 21000) of the Public Resources Code) or implementing guidelines as to which there was a substantial ground for difference of opinion at the time of the disapproval.</xhtml:p><xhtml:p>(ib)<xhtml:span class="EnSpace"/>This subclause shall become inoperative on January 1, 2031.</xhtml:p><xhtml:p>(B)<xhtml:span class="EnSpace"/>Upon a determination that the local agency has failed to comply with the order or judgment compelling compliance with this

section within the time period prescribed by the court, the court shall impose fines on a local agency that has violated this

section and require the local agency to deposit any fine levied pursuant to this subdivision into a local housing trust fund. The local agency may elect to instead deposit the fine into the Building Homes and Jobs Trust Fund. The fine shall be in a minimum amount of ten thousand dollars ($10,000) per housing unit in the housing development project on the date the application was deemed complete pursuant to

Section 65943. In determining the amount of the fine to impose, the court shall consider the local agency’s progress in attaining its target allocation of the regional housing need pursuant to

Section and any prior violations of this section. Fines shall not be paid out of funds already dedicated to affordable housing, including, but not limited to, Low and Moderate Income Housing Asset Funds, funds dedicated to housing for very low, low-, and moderate-income households, and federal HOME Investment Partnerships Program and Community Development Block Grant Program funds. The local agency shall commit and expend the money in the local housing trust fund within five years for the sole purpose of financing newly constructed housing units affordable to extremely low, very low, or low-income households.

After five years, if the funds have not been expended, the money shall revert to the state and be deposited in the Building Homes and Jobs Trust Fund for the sole purpose of financing newly constructed housing units affordable to extremely low, very low, or low-income households.</xhtml:p><xhtml:p>(C)<xhtml:span class="EnSpace"/>If the court determines that its order or judgment has not been carried out within days, the court may issue further orders as provided by law to ensure that the purposes and policies of this

section are fulfilled, including, but not limited to, an order to vacate the decision of the local agency and to approve the housing development project, in which case the application for the housing development project, as proposed by the applicant at the time the local agency took the initial action determined to be in violation of this section, along with any standard conditions determined by the court to be generally imposed by the local agency on similar projects, shall be deemed to be approved unless the applicant consents to a different decision or action by the local agency.</xhtml:p><xhtml:p>(D)<xhtml:span class="EnSpace"/>Nothing in this

section shall limit the court’s inherent authority to make any other orders to compel the immediate enforcement of any writ brought under this section, including the imposition of fees and other sanctions set forth under

Section of the Code of Civil Procedure.</xhtml:p><xhtml:p>(2)<xhtml:span class="EnSpace"/>For purposes of this subdivision, “housing organization” means a trade or industry group whose local members are primarily engaged in the construction or management of housing units or a nonprofit organization whose mission includes providing or advocating for increased access to housing for low-income households and have filed written or oral comments with the local agency prior to action on the housing development project. A housing organization may only file an action pursuant to this

section to challenge the disapproval of a housing development by a local agency. A housing organization shall be entitled to reasonable attorney’s fees and costs if it is the prevailing party in an action to enforce this section.</xhtml:p><xhtml:p>(<xhtml:i>l</xhtml:i>)<xhtml:span class="EnSpace"/>If the court finds that the local agency (1) acted in bad faith when it violated this

section and (2) failed to carry out the court’s order or judgment within the time period prescribed by the court, the court, in addition to any other remedies provided by this section, shall multiply the fine determined pursuant to subparagraph (

B) of paragraph (1) of subdivision (

k) by a factor of five. If a court has previously found that the local agency violated this

section within the same planning period, the court shall multiply the fines by an additional factor for each previous violation. For purposes of this section, “bad faith” includes, but is not limited to, an action or inaction that is frivolous, pretextual, intended to cause unnecessary delay, or entirely without merit.</xhtml:p><xhtml:p>(m)<xhtml:span class="EnSpace"/>(1)<xhtml:span class="EnSpace"/>Any action brought to enforce the provisions of this

section shall be brought pursuant to

Section 1094.5 of the Code of Civil Procedure, and the local agency shall prepare and certify the record of proceedings in accordance with subdivision (

c) of

Section 1094.6 of the Code of Civil Procedure no later than days after the petition is served, provided that the cost of preparation of the record shall be borne by the local agency, unless the petitioner elects to prepare the record as provided in subdivision (

n) of this section. A petition to enforce the provisions of this

section shall be filed and served no later than days from the later of (1) the effective date of a decision of the local agency imposing conditions on, disapproving, or any other final action on a housing development project or (2) the expiration of the time periods specified in subparagraph (

B) of paragraph (5) of subdivision (h). Upon entry of the trial court’s order, a party may, in order to obtain appellate review of the order, file a petition within days after service upon it of a written notice of the entry of the order, or within such further time not exceeding an additional days as the trial court may for good cause allow, or may appeal the judgment or order of the trial court under

Section 904.1 of the Code of Civil Procedure. If the local agency appeals the judgment of the trial court, the local agency shall post a bond, in an amount to be determined by the court, to the benefit of the plaintiff if the plaintiff is the project applicant.</xhtml:p><xhtml:p>(2)<xhtml:span class="EnSpace"/>(A)<xhtml:span class="EnSpace"/>A disapproval within the meaning of subparagraph (

J) of paragraph (6) of subdivision (

h) shall be final for purposes of this subdivision, if the local agency did not make a lawful determination within the time period set forth in paragraph (5) of subdivision (

a) of

Section 65589.5.1 after the applicant’s timely written notice.</xhtml:p><xhtml:p>(B)<xhtml:span class="EnSpace"/>This paragraph shall become inoperative on January 1, 2031.</xhtml:p><xhtml:p>(3)<xhtml:span class="EnSpace"/>(A)<xhtml:span class="EnSpace"/>A disapproval within the meaning of subparagraph (

K) of paragraph (6) of subdivision (

h) shall be final for purposes of this subdivision, if the local agency did not make a lawful determination within days of the applicant’s timely written notice.</xhtml:p><xhtml:p>(B)<xhtml:span class="EnSpace"/>This paragraph shall become inoperative on January 1, 2031.</xhtml:p><xhtml:p>(n)<xhtml:span class="EnSpace"/>In any action, the record of the proceedings before the local agency shall be filed as expeditiously as possible and, notwithstanding

Section 1094.6 of the Code of Civil Procedure or subdivision (

m) of this section, all or part of the record may be prepared (1) by the petitioner with the petition or petitioner’s points and authorities, (2) by the respondent with respondent’s points and authorities, (3) after payment of costs by the petitioner, or (4) as otherwise directed by the court. If the expense of preparing the record has been borne by the petitioner and the petitioner is the prevailing party, the expense shall be taxable as costs.</xhtml:p><xhtml:p>(o)<xhtml:span class="EnSpace"/>(1)<xhtml:span class="EnSpace"/>Subject to paragraphs (2), (6), and (7), and subdivision (

d) of

Section 65941.1, a housing development project shall be subject only to the ordinances, policies, and standards adopted and in effect when a preliminary application including all of the information required by subdivision (

a) of

Section 65941.1 was submitted.</xhtml:p><xhtml:p>(2)<xhtml:span class="EnSpace"/>Paragraph (1) shall not prohibit a housing development project from being subject to ordinances, policies, and standards adopted after the preliminary application was submitted pursuant to

Section 65941.1 in the following circumstances:</xhtml:p><xhtml:p>(A)<xhtml:span class="EnSpace"/>In the case of a fee, charge, or other monetary exaction, to an increase resulting from an automatic annual adjustment based on an independently published cost index that is referenced in the ordinance or resolution establishing the fee or other monetary exaction.</xhtml:p><xhtml:p>(B)<xhtml:span class="EnSpace"/>A preponderance of the evidence in the record establishes that subjecting the housing development project to an ordinance, policy, or standard beyond those in effect when a preliminary application was submitted is necessary to mitigate or avoid a specific, adverse impact upon the public health or safety, as defined in subparagraph (

A) of paragraph (1) of subdivision (j), and there is no feasible alternative method to satisfactorily mitigate or avoid the adverse impact.</xhtml:p><xhtml:p>(C)<xhtml:span class="EnSpace"/>Subjecting the housing development project to an ordinance, policy, standard, or any other measure, beyond those in effect when a preliminary application was submitted is necessary to avoid or substantially lessen an impact of the project under the California Environmental Quality Act (Division 13 (commencing with

Section 21000) of the Public Resources Code).</xhtml:p><xhtml:p>(D)<xhtml:span class="EnSpace"/>The housing development project has not commenced construction within two and one-half years, or three and one-half years for an affordable housing project, following the date that the project received final approval.

For purposes of this subparagraph:</xhtml:p><xhtml:p>(i)<xhtml:span class="EnSpace"/>“Affordable housing project” means a housing development that satisfies both of the following requirements:</xhtml:p><xhtml:p>(I)<xhtml:span class="EnSpace"/>Units within the development are subject to a recorded affordability restriction for at least years for rental housing and years for owner-occupied housing, or the first purchaser of each unit participates in an equity sharing agreement as described in subparagraph (

C) of paragraph (2) of subdivision (

c) of

Section 65915.</xhtml:p><xhtml:p>(II)<xhtml:span class="EnSpace"/>All of the units within the development, excluding managers’ units, are dedicated to lower income households, as defined by

Section 50079.5 of the Health and Safety Code.</xhtml:p><xhtml:p>(ii)<xhtml:span class="EnSpace"/>“Final approval” means that the housing development project has received all necessary approvals to be eligible to apply for, and obtain, a building permit or permits and either of the following is met:</xhtml:p><xhtml:p>(I)<xhtml:span class="EnSpace"/>The expiration of all applicable appeal periods, petition periods, reconsideration periods, or statute of limitations for challenging that final approval without an appeal, petition, request for reconsideration, or legal challenge having been filed.</xhtml:p><xhtml:p>(II)<xhtml:span class="EnSpace"/>If a challenge is filed, that challenge is fully resolved or settled in favor of the housing development project.</xhtml:p><xhtml:p>(E)<xhtml:span class="EnSpace"/>The housing development project is revised following submittal of a preliminary application pursuant to

Section 65941.1 such that the number of residential units or square footage of construction changes by percent or more, exclusive of any increase resulting from the receipt of a density bonus, incentive, concession, waiver, or similar provision, including any other locally authorized program that offers additional density or other development bonuses when affordable housing is provided.

For purposes of this subdivision, “square footage of construction” means the building area, as defined by the California Building Standards Code (Title of the California Code of Regulations).</xhtml:p><xhtml:p>(3)<xhtml:span class="EnSpace"/>This subdivision does not prevent a local agency from subjecting the additional units or square footage of construction that result from project revisions occurring after a preliminary application is submitted pursuant to

Section 65941.1 to the ordinances, policies, and standards adopted and in effect when the preliminary application was submitted.</xhtml:p><xhtml:p>(4)<xhtml:span class="EnSpace"/>For purposes of this subdivision, “ordinances, policies, and standards” includes general plan, community plan, specific plan, zoning, design review standards and criteria, subdivision standards and criteria, and any other rules, regulations, requirements, and policies of a local agency, as defined in

Section 66000, including those relating to development impact fees, capacity or connection fees or charges, permit or processing fees, and other exactions.</xhtml:p><xhtml:p>(5)<xhtml:span class="EnSpace"/>This subdivision shall not be construed in a manner that would lessen the restrictions imposed on a local agency, or lessen the protections afforded to a housing development project, that are established by any other law, including any other part of this section.</xhtml:p><xhtml:p>(6)<xhtml:span class="EnSpace"/>This subdivision shall not restrict the authority of a public agency or local agency to require mitigation measures to lessen the impacts of a housing development project under the California Environmental Quality Act (Division 13 (commencing with

Section 21000) of the Public Resources Code).</xhtml:p><xhtml:p>(7)<xhtml:span class="EnSpace"/>With respect to completed residential units for which the project approval process is complete and a certificate of occupancy has been issued, nothing in this subdivision shall limit the application of later enacted ordinances, policies, and standards that regulate the use and occupancy of those residential units, such as ordinances relating to rental housing inspection, rent stabilization, restrictions on short-term renting, and business licensing requirements for owners of rental housing.</xhtml:p><xhtml:p>(p)<xhtml:span class="EnSpace"/>(1)<xhtml:span class="EnSpace"/>Upon any motion for an award of attorney’s fees pursuant to

Section 1021.5 of the Code of Civil Procedure, in a case challenging a local agency’s approval of a housing development project, a court, in weighing whether a significant benefit has been conferred on the general public or a large class of persons and whether the necessity of private enforcement makes the award appropriate, shall give due weight to the degree to which the local agency’s approval furthers policies of this section, including, but not limited to, subdivisions (a), (b), and (c), the suitability of the site for a housing development, and the reasonableness of the decision of the local agency.

It is the intent of the Legislature that attorney’s fees and costs shall rarely, if ever, be awarded if a local agency, acting in good faith, approved a housing development project that satisfies conditions established in paragraph (1), (2), or (3) of subdivision (

a) of

Section 65589.5.1 or paragraph (1), (2), or (3) of subdivision (

a) of

Section 65589.5.2.</xhtml:p><xhtml:p>(2)<xhtml:span class="EnSpace"/>This subdivision shall become inoperative on January 1, 2031.</xhtml:p><xhtml:p>(q)<xhtml:span class="EnSpace"/>This

section shall be known, and may be cited, as the Housing Accountability Act.</xhtml:p><xhtml:p>(r)<xhtml:span class="EnSpace"/>The provisions of this

section are severable. If any provision of this

section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.</xhtml:p></caml:Content></caml:LawSectionVersion></caml:LawSection></caml:Fragment></caml:BillSection>"?>

SECTION

Section 6505.7 is added to the Government Code , to read: 6505.7. (

a) For the purposes of

Section 147(

f) of the Internal Revenue Code, as amended, the Treasurer is designated as an applicable elected representative of a joint powers authority created pursuant to this chapter. In the discretion of the joint powers authority, the Treasurer is authorized to approve the issuance of bonds, notes, or other evidence of indebtedness, issued by or on behalf of that joint powers authority, to the extent this approval is required by federal tax law, including, but not limited to, providing issuer approval, host approval, or both, pursuant to

Section 147(

f) of the Internal Revenue Code and

Section 1.147(f)-1 of Title of the Code of Federal Regulations. (

b) The geographic jurisdiction of a joint powers authority created pursuant to this

chapter is the area encompassed by the combined geographical boundaries of its member public agencies. (c)

(1) Notwithstanding any other law or any other provision of this chapter, the Treasurer may, on behalf of the State of California, execute a joint exercise of powers agreement and cause the state to become a member of a joint powers authority formed pursuant to this

chapter without approval otherwise required pursuant to

Section 6501. The Treasurer may, on behalf of the state, provide any approval, consent, or other action required or permitted under that agreement if any approval, consent, or action shall be limited exclusively to financings consisting of the issuance of bonds, including, but not limited to, tax exempt private activity bonds and tax exempt obligations, the interest on which is excludable from gross income pursuant to

Section of the Internal Revenue Code, to finance qualified residential rental projects or other affordable multifamily rental housing, including tax exempt multifamily housing revenue bonds issued pursuant to

Part 5 (commencing with

Section 52000) of Division of the Health and Safety Code. For the purposes of

Part 5 (commencing with

Section 52000) of Division of the Health and Safety Code, including, but not limited to,

Chapter 7 (commencing with

Section 52075) of Part of Division of the Health and Safety Code, “city,” “county,” and “city and county” shall be deemed to include the state when the state is a member of a joint powers authority formed pursuant to this chapter, and the Treasurer, on behalf of the state, shall provide the applicable approval, consent, or other action with respect to the issuance of bonds. Any approval, consent, or other action by the Treasurer shall constitute the approval or other action of the city, county, or city and county required pursuant to

Part 5 (commencing with

Section 52000) of Division of the Health and Safety Code.

(2) This subdivision shall not limit any of the following: (

A) The authority of the State of California or any officer or agency thereof to enter into a joint exercise of powers agreement or cause the state to become a member of a joint powers authority formed pursuant to this

chapter under any other provision of law. (

B) The authority of a joint powers authority of which the Treasurer or state is not a member to issue bonds or other obligations. (

C) The authority of the Treasurer under subdivision (

a) to approve or certify the issuance of bonds, notes, or other evidence of indebtedness, issued by or on behalf of a joint powers authority of which the Treasurer is not a member. (

d) This

section is declaratory of existing law.

SEC. 2.

Section of the Government Code is amended to read: 6519. (

a) Notwithstanding any other provision of law, the State of California does hereby pledge to, and agree with, the holders of bonds issued by any agency or entity created by a joint exercise of powers agreement by and among two or more cities, counties, or cities and counties, that the state shall not change the composition of the issuing agency or entity unless the change in composition is authorized by a majority vote of the legislative body of each city, county, or city and county, or by a majority vote of the qualified electors of each city, county, or city and county. “Change</xhtml:p>"?> (b) (1) “Change in composition,” as used in this section, means the addition of any public agency or person to any agency or entity created by a joint exercise of powers agreement pursuant to this chapter, the deletion of any public agency from any joint powers agency or entity, or the addition to, or deletion from, the governing body of any joint powers agency, or entity of any public official of any member public agency or other public agency, or any other person.

(2) Notwithstanding paragraph (1), the state becoming a member of an existing joint powers authority shall not, in and of itself, constitute a “change in composition.”

SEC.

Section 6547.9 of the Government Code is repealed. <caml:Num>6547.9.</caml:Num><caml:LawSectionVersion id="id_432764C5-25DA-42A1-BFBD-79436BA20000"><caml:Content><xhtml:p>The Treasurer is designated as an elected representative for federal tax purposes of a joint powers agency created pursuant to this chapter. In the discretion of the joint powers agency, the Treasurer is authorized to approve or certify the issuance of bonds, notes, or other evidence of indebtedness, issued by or on behalf of that joint powers agency, to the extent this approval is required by federal tax law.</xhtml:p></caml:Content></caml:LawSectionVersion></caml:LawSection>"?>

SEC.

Section 66452.5 of the Government Code is amended to read: 66452.5. (a)

(1) The subdivider, or any tenant of the subject property, in the case of a proposed conversion of residential real property to a condominium project, community apartment project, or stock cooperative project, may appeal from any action of the advisory agency with respect to a tentative map to the appeal board established by local ordinance or, if none, to the legislative body.

(2) The appeal shall be filed with the clerk of the appeal board, or if there is none, with the clerk of the legislative body within days after the action of the advisory agency from which the appeal is being taken.

(3) Upon the filing of an appeal, the appeal board or legislative body shall set the matter for hearing. The hearing shall be held within days after the date of a request filed by the subdivider or the appellant. If there is no regular meeting of the legislative body within the next days for which notice can be given pursuant to

Section 66451.3, the appeal may be heard at the next regular meeting for which notice can be given, or within days from the date of the receipt of the request, whichever period is shorter. Within days following the conclusion of the hearing, the appeal board or legislative body shall render its decision on the appeal. (b)

(1) The subdivider, any tenant of the subject property, in the case of a conversion of residential real property to a condominium project, community apartment project, or stock cooperative project, or the advisory agency may appeal from the action of the appeal board to the legislative body. The appeal shall be filed in writing with the clerk of the legislative body within days after the action of the appeal board from which the appeal is being taken.

(2) After the filing of an appeal, the legislative body shall set the matter for hearing. The hearing shall be held within days after the date of the request filed by the subdivider or the appellant. If there is no regular meeting of the legislative body within the next days for which notice can be given pursuant to

Section 66451.3, the appeal may be heard at the next regular meeting for which notice can be given, or within days from the date of the receipt of the request, whichever period is shorter. Within days following the conclusion of the hearing, the legislative body shall render its decision on the appeal. (c)

(1) If there is an appeal board and it fails to act upon an appeal within the time limit specified in this chapter, the decision from which the appeal was taken shall be deemed affirmed and an appeal therefrom may thereupon be taken to the legislative body as provided in subdivision (

b) of this section. If no further appeal is taken, the tentative map, insofar as it complies with applicable requirements of this division and any local ordinance, shall be deemed approved or conditionally approved as last approved or conditionally approved by the advisory agency, and it shall be the duty of the clerk of the legislative body to certify or state that approval, or if the advisory agency is one that is not authorized by local ordinance to approve, conditionally approve, or disapprove the tentative map, the advisory agency shall submit its report to the legislative body as if no appeal had been taken.

(2) If the legislative body fails to act upon an appeal within the time limit specified in this chapter, the tentative map, insofar as it complies with applicable requirements of this division and any local ordinance, shall be deemed to be approved or conditionally approved as last approved or conditionally approved, and it shall be the duty of the clerk of the legislative body to certify or state that approval. (d)

(1) Except as provided in

Section 66452.8, any interested person adversely affected by a decision of the advisory agency or appeal board may file an appeal with the legislative body concerning any decision of the advisory agency or appeal board. The appeal shall be filed with the clerk of the legislative body within days after the action of the advisory agency or appeal board that is the subject of the appeal. Upon the filing of the appeal, the legislative body shall set the matter for hearing. The hearing shall be held within days after the date of a request filed by the subdivider or the appellant. If there is no regular meeting of the legislative body within the next days for which notice can be given pursuant to

Section 66451.3, the appeal may be heard at the next regular meeting for which notice can be given, or within days from the date of the receipt of the request, whichever period is shorter. The hearing may be a public hearing for which notice shall be given in the time and manner provided.

(2) Upon conclusion of the hearing, the legislative body shall, within days, declare its findings based upon the testimony and documents produced before it or before the advisory board or the appeal board. The legislative body may sustain, modify, reject, or overrule any recommendations or rulings of the advisory board or the appeal board and may make any findings that are not inconsistent with the provisions of this

chapter or any local ordinance adopted pursuant to this chapter. (

e) Each decision made pursuant to this

section shall be supported by findings that are consistent with the provisions of this division and any local ordinance adopted pursuant to this division. (

f) Notice of each hearing provided for in this

section shall be sent by United States mail to each tenant of the subject property, in the case of a conversion of residential real property to a condominium project, community apartment project, or stock cooperative project, at least three days prior to the hearing. The notice requirement of this subdivision shall be deemed satisfied if the notice complies with the legal requirements for service by mail. Pursuant to

Section 66451.2, fees may be collected from the subdivider or from persons appealing or filing an appeal for expenses incurred under this section.

SEC.

Section 66452.8 is added to the Government Code , to read: 66452.8. (

a) An interested person may not file an appeal pursuant to

Section 66452.5, 66458, 66462, or 66474.7, or pursuant to a local subdivision ordinance, if all of the following criteria are met:

(1) The decision of the advisory agency, appeal board, or designated official relates to a map that is part of a housing development project, as defined in paragraph (2) of subdivision (

h) of

Section 65589.5.

(2) The project site is located entirely within either of the following: (

A) An incorporated city, the boundaries of which include some portion of an urban area. (

B) An urban area in a county with a population greater than 250,000 based on the most recent United States Census Bureau data.

(3) The project site meets the criteria set forth in paragraph (3) of subdivision (

a) of

Section 21080.66 of the Public Resources Code.

(4) The project is not located on a site that is any of the following: (A) (

i) An area of the coastal zone subject to paragraph (1) or (2) of subdivision (

a) of

Section of the Public Resources Code. (ii) An area of the coastal zone that is not subject to a certified local coastal program or a certified land use plan. (iii) An area of the coastal zone that is vulnerable to five feet of sea level rise, as determined by the National Oceanic and Atmospheric Administration, the Ocean Protection Council, the United States Geological Survey, the University of California, or a local government’s coastal hazards vulnerability assessment. (iv) In a parcel in the coastal zone and located on either of the following: (

I) On, or within a 100-foot radius of, a wetland, as defined in

Section of the Public Resources Code. (II) On prime agricultural land, as defined in Sections and of the Public Resources Code. (

B) Either prime farmland or farmland of statewide importance, as defined pursuant to the United States Department of Agriculture land inventory and monitoring criteria, as modified for California, and designated on the maps prepared by the Farmland Mapping and Monitoring Program of the Department of Conservation, or land zoned or designated for agricultural protection or preservation by a local ballot measure that was approved by the voters of that jurisdiction. (

C) Wetlands, as defined in the United States Fish and Wildlife Service Manual, Part FW 2 (June 21, 1993). (

D) Within a very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to

Section 51178, or within the state responsibility area, as defined in

Section of the Public Resources Code. This subparagraph does not apply to sites that have adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development, including, but not limited to, standards established under all of the following or their successor provisions: (

i) Section of the Public Resources Code or

Section 51182, as applicable. (ii)

Section of the Public Resources Code. (iii)

Chapter 7A of the California Building Code (Title of the California Code of Regulations). (

E) Within a delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law (Part 2.5 (commencing with

Section 18901) of Division of the Health and Safety Code), and by any local building department under

Chapter 12.2 (commencing with

Section 8875) of Division of Title 2. (

F) Within a regulatory floodway as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency, unless the development has received a no-rise certification in accordance with

Section 60.3(d)(3) of Title of the Code of Federal Regulations. If a development proponent is able to satisfy all applicable federal qualifying criteria in order to provide that the site satisfies this subparagraph and is otherwise eligible for streamlined approval under this section, a local government shall not deny the application on the basis that the development proponent did not comply with any additional permit requirement, standard, or action adopted by that local government that is applicable to that site. (

G) Lands under conservation easement.

(5) Any parcels proposed to be created by the map to which the decision relates will be served by a public water system and a municipal sewer system. (

b) This

section shall not apply to an appeal filed by either of the following:

(1) An applicant, subdivider, tenant in the case of residential conversion projects, or advisory agency otherwise authorized to file an appeal under applicable law.

(2) A public agency or a public official acting within the course and scope of their employment.

SEC. 6.

Section of the Government Code is amended to read: 66458. (

a) The legislative body shall, at the meeting at which it receives the map or, at its next regular meeting after the meeting at which it receives the map, approve the map if it conforms to all the requirements of this

chapter and any local subdivision ordinance applicable at the time of approval or conditional approval of the tentative map and any rulings made thereunder. If the map does not conform, the legislative body shall disapprove the map. (

b) If the legislative body does not approve or disapprove the map within the prescribed time, or any authorized extension thereof, and the map conforms to all requirements and rulings, it shall be deemed approved, and the clerk of the legislative body shall certify or state its approval thereon. (

c) The meeting at which the legislative body receives the map shall be the date on which the clerk of the legislative body receives the map. (

d) The legislative body may provide, by ordinance, for the approval or disapproval of final maps by the city or county engineer, surveyor, or other designated official. The legislative body may also provide, by ordinance, that the official may accept, accept subject to improvement, or reject dedications and offers of dedications that are made by a statement on the map.

Any ordinance adopted pursuant to this subdivision shall provide that (1) the designated official shall notify the legislative body at its next regular meeting after the official receives the map that the official is reviewing the map for final approval, (2) the designated official shall approve or disapprove the final map within days following the meeting of the legislative body that was preceded by the notice in (4) below, (3) the designated official’s action may be appealed to the legislative body, except as provided in

Section 66452.8, (4) the clerk of the legislative body shall provide notice of any pending approval or disapproval by a designated official, which notice shall be attached and posted with the legislative body’s regular agenda and shall be mailed to interested parties who request notice, and (5) the legislative body shall periodically review the delegation of authority to the designated official. Except as specifically authorized by this subdivision, the processing of final maps shall conform to all procedural requirements of this division.

SEC. 7.

Section of the Government Code is amended to read: 66462. (

a) If, at the time of approval of the final map by the legislative body, any public improvements required by the local agency pursuant to this division or local ordinance have not been completed and accepted in accordance with standards established by the local agency by ordinance applicable at the time of the approval or conditional approval of the tentative map, the legislative body, as a condition precedent to the approval of the final map, shall require the subdivider to enter into one of the following agreements specified by the local agency:

(1) An agreement with the local agency upon mutually agreeable terms to thereafter complete the improvements at the subdivider’s expense.

(2) An agreement with the local agency to thereafter do either of the following: (

A) Initiate and consummate proceedings under an appropriate special assessment act or the Mello-Roos Community Facilities Act of 1982,

Chapter 2.5 (commencing with

Section 53311) of Part of Division of Title for the financing and completion of all of the improvements. (

B) If the improvements are not completed under a special assessment act or the Mello-Roos Community Facilities Act of 1982,

Chapter 2.5 (commencing with

Section 53311) of Part of Division of Title 5, to complete the improvements at the subdivider’s expense. (

b) The standards may be adopted by reference, without posting or publishing them, if they have been printed in book or booklet form and three copies of the books or booklets have been filed for use and examination by the public in the office of the clerk of the legislative body. (

c) The local agency entering into any agreement pursuant to this

section shall require that performance of the agreement be guaranteed by the security specified in

Chapter 5 (commencing with

Section 66499). (

d) The legislative body may provide, by ordinance, that the agreement entered into pursuant to this

section may be entered into by a designated official, in accordance with standards adopted by the local agency. Except as provided in

Section 66452.8, the designated official’s action may be appealed to the legislative body for conformance with this

chapter and any applicable local subdivision ordinance. Any ordinance adopted pursuant to this subdivision shall provide that the legislative body shall periodically review this delegation of authority to the designated official.

SEC.

Section 66474.7 of the Government Code is amended to read: 66474.7. The responsibilities of the governing body under the provisions of Sections 66473.5, 66474, 66474.1, and 66474.6 may be assigned to an advisory agency or appeal board provided the governing body adopts an ordinance which allows any interested person to appeal any decision of the advisory agency or the appeal board relative to such matters to the governing body, except as provided in

Section 66452.8. Such appellant shall be entitled to the same notice and rights regarding testimony as are accorded a subdivider under

Section 66452.5.

SEC. 9. No reimbursement is required by this act pursuant to

Section 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 of the Government Code.