Signed by Governor Gavin Newsom

Vote Smart's Synopsis:

Vote to pass a bill that amends housing development regulations in response to the California housing crisis.

Highlights:

• Requires an applicant for a housing development project to submit a preliminary application providing all of the following information, though more may be required, about the proposed project to the city, county, or city and county for approval of the project being sought, in addition to a permit processing fee (Sec. 8):

• The specific location, including parcel numbers, a legal description, and site address, if applicable;

• The existing uses on the project site and identification of major physical alterations to the property on which the project is to be located; 

• A site plan showing the location of the property, elevations showing design, color, and material, and the massing, height, and approximate square footage, of each building to be occupied;  

• The proposed land uses by number of units and square feet of residential and nonresidential development using the categories in the applicable zoning ordinance; 

• The proposed number of parking spaces;

• Any proposed point sources of air or water pollutants; 

• Any species of special concern known to be on the property;

• Whether a portion of the property is located in any of the following places: 

• A very high fire hazard severity zone;

• Wetlands; 

• A hazardous waste site;

• A special flood hazard area;

• A delineated earthquake fault zone; or

• A stream;

• Any historic or cultural resources known to exist on the property;

• The number of below market rate units and their affordability levels;

• The number of bonus units and any incentives, concessions, waivers, or parking reductions;

• Whether any approvals under the Subdivision Map Act are being requested;

• The applicant’s contact information and consent from the property owner to submit the application;

• For a housing development project proposed to be located within the coastal zone, whether any portion of the property contains:

• Wetlands;

• Environmentally sensitive habitat areas;

• A tsunami run-up zone; or

• Use of the site for public access to or along the coast;

• The number of existing residential units on the project site to be demolished and whether each existing unit is occupied or unoccupied;

• A site map showing a stream or other resource subject to a streambed alteration agreement, and an aerial site photograph showing existing site conditions of environmental site features that would be subject to regulations by a public agency, including creeks and wetlands; and

• The location of any recorded public easement, such as easements for storm drains, water lines, and other public rights of way.

• Requires that an affected city or affected county not approve a housing development project that will require the demolition of residential dwelling units unless the project will create at least as many residential units as will be demolished (Sec. 13). 

• Prohibits an affected county or an affected city, in regards to land where housing is an allowable use, from enacting a development policy, standard, or condition that would (Sec. 13):

• Change the general plan land use designation, specific plan land use designation, or zoning of a parcel or parcels of property to a less intensive use or reducing the intensity of land use within an existing general plan land use designation, specific plan land use designation, or zoning district below what was allowed under the land use designation and zoning ordinances of the affected county or affected city, as applicable, as in effect on January 1, 2018;

• Impose a moratorium or similar restriction or limitation on housing development, including mixed-use development, within all or a portion of the jurisdiction of the affected county or city, other than to specifically protect against an imminent threat to the health and safety of persons residing in, or within the immediate vicinity of, the area subject to the moratorium or for projects specifically identified as existing for restricted affordable housing;

• Impose or enforce design standards established on or after January 1, 2020, that are not objective design standards; or 

• Except in the case of certain predominantly agricultural counties, establish or implement any provision that:

• Limits the number of land use approvals or permits necessary for the approval and construction of housing to be issued or allocated within all of a portion of the affected county or affected city;

• Acts as a cap on the number of housing units that can be approved or constructed either annually or for some other time period; or

• Limits the population of the affected county or affected city, as applicable.

• Requires an affected city or an affected county to not approve a housing development project that will require the demolition of occupied or vacant protected units unless all of the following apply (Sec. 13):

• The project will replace all existing or demolished protected units; 

• Protected units replaced are considered in determining whether the housing development project satisfies requirements established as a condition of the development of residential rental units, and the project provides a certain percentage of residential rental units affordable to, and occupied by, households with incomes that do not exceed the limits for moderate-income, lower income, very low income, or extremely low income; 

• In the case of a protected unit that is or was, within the 5-year period preceding the application, subject to a form of rent or price control through a local government’s valid exercise of its police power, and that is or was occupied by persons or families above lower income, the affected city or affected county requires:

• The replacement units be made available at affordable rent or affordable housing cost to, and occupied by, low-income persons or families. If the replacement units will be rental dwelling units, these units shall be subject to a recorded affordability restriction for at least 55 years; or

• The units be replaced in compliance with the jurisdiction’s rent or price control ordinance, provided that each unit is replaced. Unless otherwise required by the affected city or affected county’s rent or price control ordinance, these units shall not be subject to a recorded affordability restriction.

• Defines “affected city” as a city, including a charter city, that the Department of Housing and Community Development determines is an urbanized area or urban cluster, as defined by the United States Census Bureau (Sec. 13).

• Deines “affected county” as a census designated place, based on the 2013-2017 American Community Survey 5-Year Estimates, that is wholly located within the boundaries of an urbanized area, as designated by the US Census Bureau (Sec. 13).

• Specifies that the provisions of this act apply to all cities, including charter cities, because the legislature finds and declares the housing shortage is a matter of statewide concern (Sec. 14). 

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that amends housing development regulations in response to the California housing crisis.

Highlights:

• Requires an applicant for a housing development project to submit a preliminary application providing all of the following information, though more may be required, about the proposed project to the city, county, or city and county for approval of the project being sought (Sec. 7):

• The specific location;

• The major physical alterations to the property on which the project is to be located;

• Identification of major physical alterations to the property; 

• A site place showing the location of the property, and the massing, height, and approximate square footage, of each building to be occupied;  

• The proposed land uses by number of units or square feet using the categories in the applicable zoning ordinance; 

• The proposed number of parking spaces;

• Any proposed point sources of air or water pollutants; 

• Any species of special concern known to be on the property;

• Any historic or cultural resources known to exist on the property; and

• The number of below market rate units and their affordability levels.

• Requires that an affected city or affected county not approve a housing development project that will require the demolition of residential dwelling units unless the project will create at least as many residential units as will be demolished (Sec. 13). 

• Prohibits an affected county or an affected city, in regards to land where housing is an allowable use on or after January 1, 2018, from enacting a development policy, standard, or condition that would (Sec. 13):

• Change the general plan land use designation, specific plan land use designation, or zoning of a parcel or parcels of property to a less intensive use or reducing the intensity of land use within an existing general plan land use designation, specific plan land use designation, or zoning district below what was allowed under the land use designation and zoning ordinances of the affected county or affected city, as applicable, as in effect on January 1, 2018;

• Impose a moratorium or similar restriction or limitation on housing development, including mixed-use development, within all or a portion of the jurisdiction of the affected county or city, other than to specifically protect against an imminent threat to the health and safety of persons residing in, or within the immediate vicinity of, the area subject to the moratorium or for projects specifically identified as existing for restricted affordable housing;

• Impose or enforce design standards established on or after January 1, 2018, that are not objective design standards; or 

• Except in the case of certain predominantly agricultural counties, establish or implement any provision that:

• Limits the number of land use approvals or permits necessary for the approval and construction of housing to be issued or allocated within all of a portion of the affected county or affected city;

• Acts as a cap on the number of housing units that can be approved or constructed either annually or for some other time period; or

• Limits the population of the affected county or affected city, as applicable.

• Defines “affected city” as a city, including a charter city, that the Department of Housing and Community Development determines that the average of both of the following amounts is greater than zero (Sec. 5 & 13):

• The percentage by which the city’s average rate of rent exceeded 130 percent of the national median rent in 2017, based on the federal 2013–2017 American Community Survey 5-year Estimates; and

• The percentage by which the vacancy rate for residential rental units is less than the national vacancy rate, based on the federal 2013-2017 American Community Survey 5-year Estimates.

• Defines “affected county” as a county in which at least 50 percent of the cities located within the territorial boundaries of the county are affected cities (Sec. 5 & 13).

• Specifies that the provisions of this act apply to all cities, including charter cities, because the legislature finds and declares the housing shortage is a matter of statewide concern (Sec. 15).

Full Bill Text