CC-PC 04-07-20 #1 Housing Laws Handout_Presentations
Excerpts of Housing Laws
Housing Accountability Act
Permit Streamlining Act
Housing Crisis Act of 2019
Density Bonus Law
Housing Law Joint Study Session
April 7, 2020
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Housing Accountability Act
Government Code § 65589.5
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State of California
GOVERNMENT CODE
Section 65589.5
65589.5. (a) (1) The Legislature finds and declares all of the following:
(A) The lack of housing, including emergency shelters, is a critical problem that
threatens the economic, environmental, and social quality of life in California.
(B) 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.
(C) 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.
(D) 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.
(2) In enacting the amendments made to this section by the act adding this
paragraph, the Legislature further finds and declares the following:
(A) 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.
(B) 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.
(C) 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.
(D) 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.
(E) California’s overall homeownership rate is at its lowest level since the 1940s.
The state ranks 49th out of the 50 states in homeownership 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.
(F) Lack of supply and rising costs are compounding inequality and limiting
advancement opportunities for many Californians.
(G) The majority of California renters, more than 3,000,000 households, pay more
than 30 percent of their income toward rent and nearly one-third, more than 1,500,000
households, pay more than 50 percent of their income toward rent.
(H) 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.
(I) 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.
(J) 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.
(K) The Legislature’s intent in enacting this section in 1982 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.
(L) 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.
(3) 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.
(b) 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).
(c) 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.
(d) A local agency shall not disapprove a housing development project, including
farmworker housing as defined in subdivision (h) of Section 50199.7 of the Health
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and Safety Code, for very low, low-, or moderate-income households, or an emergency
shelter, or condition approval in a manner that renders the housing development
project infeasible for development for the use of very low, low-, or moderate-income
households, or an emergency shelter, 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:
(1) 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 65584 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.
(2) 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:
(A) Inconsistency with the zoning ordinance or general plan land use designation.
(B) The eligibility to claim a welfare exemption under subdivision (g) of Section
214 of the Revenue and Taxation Code.
(3) 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.
(4) 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
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by land being used for agricultural or resource preservation purposes, or which does
not have adequate water or wastewater facilities to serve the project.
(5) The housing development project or emergency shelter is inconsistent with
both the jurisdiction’s zoning ordinance and general plan land use designation as
specified in any element of the general plan as it existed on the date the application
was deemed complete, and the jurisdiction has adopted a revised housing element in
accordance with Section 65588 that is in substantial compliance with this article. 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.
(A) This paragraph cannot be utilized to disapprove or conditionally approve a
housing development project if the housing development project is 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, and consistent with the density
specified in the housing element, even though it is inconsistent with both the
jurisdiction’s zoning ordinance and general plan land use designation.
(B) If the local agency has failed to identify in the inventory of land in its housing
element sites that can be developed for housing within the planning period and are
sufficient to provide for the jurisdiction’s share of the regional housing need for all
income levels pursuant to Section 65584, then this paragraph shall not be utilized to
disapprove or conditionally approve a housing development project proposed for a
site designated in any element of the general plan for residential uses or designated
in any element of the general plan for commercial uses if residential uses are permitted
or conditionally permitted within commercial designations. In any action in court,
the burden of proof shall be on the local agency to show that its housing element does
identify adequate sites with appropriate zoning and development standards and with
services and facilities to accommodate the local agency’s share of the regional housing
need for the very low, low-, and moderate-income categories.
(C) 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.
(e) 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 1 of Title 7 or the California Coastal
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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 21081 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).
(f) (1) Except as provided in subdivision (o), nothing in 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.
(2) Except as provided in subdivision (o), nothing in 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 65583 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.
(3) 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.
(4) 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.
(g) 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.
(h) The following definitions apply for the purposes of this section:
(1) “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.
(2) “Housing development project” means a use consisting of any of the following:
(A) Residential units only.
(B) Mixed-use developments consisting of residential and nonresidential uses with
at least two-thirds of the square footage designated for residential use.
(C) Transitional housing or supportive housing.
(3) “Housing for very low, low-, or moderate-income households” means that
either (A) at least 20 percent of the total units shall be sold or rented to lower income
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households, as defined in Section 50079.5 of the Health and Safety Code, or (B) 100
percent of the units shall be sold or rented to persons and families of moderate income
as defined in Section 50093 of the Health and Safety Code, or persons and families
of middle income, as defined in Section 65008 of this code. Housing units targeted
for lower income households shall be made available at a monthly housing cost that
does not exceed 30 percent of 60 percent of area median income with adjustments
for household size made in accordance with the adjustment factors on which the lower
income eligibility limits are based. Housing units targeted for persons and families
of moderate income shall be made available at a monthly housing cost that does not
exceed 30 percent of 100 percent of area median income with adjustments for
household size made in accordance with the adjustment factors on which the
moderate-income eligibility limits are based.
(4) “Area median income” means area median income as periodically established
by the Department of Housing and Community Development pursuant to Section
50093 of the Health and Safety Code. The developer shall provide sufficient legal
commitments to ensure continued availability of units for very low or low-income
households in accordance with the provisions of this subdivision for 30 years.
(5) Notwithstanding any other law, until January 1, 2025, “deemed complete”
means that the applicant has submitted a preliminary application pursuant to Section
65941.1.
(6) “Disapprove the housing development project” includes any instance in which
a local agency does either of the following:
(A) Votes 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.
(B) 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.
(7) “Lower density” includes any conditions that have the same effect or impact
on the ability of the project to provide housing.
(8) Until January 1, 2025, “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.
(9) Notwithstanding any other law, until January 1, 2025, “determined to be
complete” means that the applicant has submitted a complete application pursuant to
Section 65943.
(i) 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 housing development project’s the 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
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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).
(j) (1) 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:
(A) 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.
(B) 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.
(2) (A) 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:
(i) Within 30 days of the date that the application for the housing development
project is determined to be complete, if the housing development project contains
150 or fewer housing units.
(ii) Within 60 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 150 units.
(B) 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.
(3) For purposes of this section, the receipt of a density bonus pursuant to Section
65915 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
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applicable plan, program, policy, ordinance, standard, requirement, or other similar
provision specified in this subdivision.
(4) 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.
(k) (1) (A) (i) 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):
(I) 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 or without making findings supported by a
preponderance of the evidence.
(II) 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 or without making
findings supported by a preponderance of the evidence.
(III) (ia) Subject to sub-subclause (ib), 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.
(ii) 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 60 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, except under extraordinary circumstances in which the court finds that
awarding fees would not further the purposes of this section.
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(B) (i) Upon a determination that the local agency has failed to comply with the
order or judgment compelling compliance with this section within 60 days issued
pursuant to subparagraph (A), 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 Fund, if Senate Bill 2 of
the 2017–18 Regular Session is enacted, or otherwise in the Housing Rehabilitation
Loan 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 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 65584 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 Fund,
if Senate Bill 2 of the 2017–18 Regular Session is enacted, or otherwise in the Housing
Rehabilitation Loan Fund, for the sole purpose of financing newly constructed housing
units affordable to extremely low, very low, or low-income households.
(ii) If any money derived from a fine imposed pursuant to this subparagraph is
deposited in the Housing Rehabilitation Loan Fund, then, notwithstanding Section
50661 of the Health and Safety Code, that money shall be available only upon
appropriation by the Legislature.
(C) If the court determines that its order or judgment has not been carried out
within 60 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.
(2) 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
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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.
(l) If the court finds that the local agency (1) acted in bad faith when it disapproved
or conditionally approved the housing development or emergency shelter in violation
of this section and (2) failed to carry out the court’s order or judgment within 60 days
as described in subdivision (k), 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. For purposes of this section, “bad
faith” includes, but is not limited to, an action that is frivolous or otherwise entirely
without merit.
(m) 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 30 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 90 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 20 days after service upon it of a written notice of the entry of the
order, or within such further time not exceeding an additional 20 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.
(n) 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.
(o) (1) 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.
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(2) 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:
(A) 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.
(B) 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.
(C) 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).
(D) The housing development project has not commenced construction within two
and one-half years following the date that the project received final approval. For
purposes of this subparagraph, “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:
(i) 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.
(ii) If a challenge is filed, that challenge is fully resolved or settled in favor of the
housing development project.
(E) 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 20 percent or more, exclusive of any
increase resulting from the receipt of a density bonus, incentive, concession, waiver,
or similar provision. For purposes of this subdivision, “square footage of construction”
means the building area, as defined by the California Building Standards Code (Title
24 of the California Code of Regulations).
(3) 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.
(4) 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
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those relating to development impact fees, capacity or connection fees or charges,
permit or processing fees, and other exactions.
(5) 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.
(6) 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).
(7) 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.
(8) This subdivision shall become inoperative on January 1, 2025.
(p) This section shall be known, and may be cited, as the Housing Accountability
Act.
(Amended by Stats. 2019, Ch. 665, Sec. 3.1. (AB 1743) Effective January 1, 2020.)
Page 14 of 54
Permit Streamlining Act (excerpts)
Government Code § 65920 et seq.
Page 15 of 54
Page 16 of 54
State of California
GOVERNMENT CODE
Section 65940
65940. (a) (1) Each public agency shall compile one or more lists that shall specify
in detail the information that will be required from any applicant for a development
project. Each public agency shall revise the list of information required from an
applicant to include a certification of compliance with Section 65962.5, and the
statement of application required by Section 65943. Copies of the information,
including the statement of application required by Section 65943, shall be made
available to all applicants for development projects and to any person who requests
the information.
(2) An affected city or affected county, as defined in Section 66300, shall include
the information necessary to determine compliance with the requirements of
subdivision (d) of Section 66300 in the list compiled pursuant to paragraph (1).
(b) The list of information required from any applicant shall include, where
applicable, identification of whether the proposed project is located within 1,000 feet
of a military installation, beneath a low-level flight path or within special use airspace
as defined in Section 21098 of the Public Resources Code, and within an urbanized
area as defined in Section 65944.
(c) (1) A public agency that is not beneath a low-level flight path or not within
special use airspace and does not contain a military installation is not required to
change its list of information required from applicants to comply with subdivision
(b).
(2) A public agency that is entirely urbanized, as defined in subdivision (e) of
Section 65944, with the exception of a jurisdiction that contains a military installation,
is not required to change its list of information required from applicants to comply
with subdivision (b).
(d) This section shall remain in effect only until January 1, 2025, and as of that
date is repealed.
(Amended by Stats. 2019, Ch. 654, Sec. 6. (SB 330) Effective January 1, 2020. Repealed as of January
1, 2025, by its own provisions. See later operative version added by Sec. 7 of Stats. 2019, Ch. 654.)
Page 17 of 54
State of California
GOVERNMENT CODE
Section 65940.1
65940.1. (a) (1) A city, county, or special district that has an internet website shall
make all of the following available on its internet website, as applicable:
(A) A current schedule of fees, exactions, and affordability requirements imposed
by the city, county, or special district, including any dependent special districts, as
defined in Section 56032.5, of the city or county applicable to a proposed housing
development project, which shall be presented in a manner that clearly identifies the
fees, exactions, and affordability requirements that apply to each parcel.
(B) All zoning ordinances and development standards, which shall specify the
zoning, design, and development standards that apply to each parcel.
(C) The list required to be compiled pursuant to Section 65940.
(D) The current and five previous annual fee reports or the current and five previous
annual financial reports, that were required pursuant to subdivision (b) of Section
66006 and subdivision (d) of Section 66013.
(E) An archive of impact fee nexus studies, cost of service studies, or equivalent,
conducted by the city, county, or special district on or after January 1, 2018. For
purposes of this subparagraph, “cost of service study” means the data provided to the
public pursuant to subdivision (a) of Section 66016.
(2) A city, county, or special district shall update the information made available
under this subdivision within 30 days of any changes.
(b) For purposes of this section:
(1) “Affordability requirement” means a requirement imposed as a condition of a
development of residential units, that the development include a certain percentage
of the units affordable for rent or sale to households with incomes that do not exceed
the limits for moderate-income, lower income, very low income, or extremely low
income households specified in Sections 50079.5, 50093, 50105, and 50106 of the
Health and Safety Code, or an alternative means of compliance with that requirement
including, but not limited to, in-lieu fees, land dedication, off-site construction, or
acquisition and rehabilitation of existing units.
(2) “Exaction” means any of the following:
(A) A construction excise tax.
(B) A requirement that the housing development project provide public art or an
in-lieu payment.
(C) A special tax levied on new housing units pursuant to the Mello-Roos
Community Facilities Act (Chapter 2.5 (commencing with Section 53311) of Part 1
of Division 2 of Title 5).
(D) Dedications of parkland or in-lieu fees imposed pursuant to Section 66477.
(3) “Fee” means a fee or charge described in the Mitigation Fee Act (Chapter 5
(commencing with Section 66000), Chapter 6 (commencing with Section 66010),
Chapter 7 (commencing with Section 66012), Chapter 8 (commencing with Section
66016), and Chapter 9 (commencing with Section 66020)).
(4) “Housing development project” means a use consisting of any of the following:
(A) Residential units only.
(B) Mixed-use developments consisting of residential and nonresidential uses with
at least two-thirds of the square footage designated for residential use.
(C) Transitional housing or supportive housing.
(c) This section shall not be construed to alter the existing authority of a city or
county to adopt or impose an exaction or fee.
(Added by Stats. 2019, Ch. 662, Sec. 1. (AB 1483) Effective January 1, 2020.)
Page 18 of 54
Page 19 of 54
State of California
GOVERNMENT CODE
Section 65940.5
65940.5. (a) No list compiled pursuant to Section 65940 shall include an extension
or waiver of the time periods prescribed by this chapter within which a state or local
agency shall act upon an application for a development project.
(b) No application shall be deemed incomplete for lack of an extension or waiver
of time periods prescribed by this chapter within which a state or local government
agency shall act upon the application.
(c) Except for the extension of the time limits pursuant to Section 65950.1, no
public agency shall require an extension or waiver of the time limits contained in this
chapter as a condition of accepting or processing the application for a development
project.
(Amended by Stats. 1998, Ch. 283, Sec. 1. Effective January 1, 1999.)
Page 20 of 54
State of California
GOVERNMENT CODE
Section 65941
65941. (a) The information compiled pursuant to Section 65940 shall also indicate
the criteria which the agency will apply in order to determine the completeness of
any application submitted to it for a development project.
(b) If a public agency is a lead or responsible agency for purposes of the California
Environmental Quality Act, Division 13 (commencing with Section 21000) of the
Public Resources Code, that criteria shall not require the applicant to submit the
informational equivalent of an environmental impact report as part of a complete
application, or to otherwise require proof of compliance with that act as a prerequisite
to a permit application being deemed complete. However, that criteria may require
sufficient information to permit the agency to make the determination required by
Section 21080.1 of the Public Resources Code.
(c) Consistent with this chapter, a responsible agency shall, at the request of the
applicant, commence processing a permit application for a development project prior
to final action on the project by a lead agency to the extent that the information
necessary to commence the processing is available. For purposes of this subdivision,
“lead agency” and “responsible agency” shall have the same meaning as those terms
are defined in Section 21067 of the Public Resources Code and Section 21069 of the
Public Resources Code, respectively.
(Amended by Stats. 1993, Ch. 1131, Sec. 2. Effective January 1, 1994.)
Page 21 of 54
State of California
GOVERNMENT CODE
Section 65941.1
65941.1. (a) An applicant for a housing development project, as defined in paragraph
(2) of subdivision (h) of Section 65589.5, shall be deemed to have submitted a
preliminary application upon providing all of the following information about the
proposed project to the city, county, or city and county from which approval for the
project is being sought and upon payment of the permit processing fee:
(1) The specific location, including parcel numbers, a legal description, and site
address, if applicable.
(2) The existing uses on the project site and identification of major physical
alterations to the property on which the project is to be located.
(3) A site plan showing the location on the property, elevations showing design,
color, and material, and the massing, height, and approximate square footage, of each
building that is to be occupied.
(4) The proposed land uses by number of units and square feet of residential and
nonresidential development using the categories in the applicable zoning ordinance.
(5) The proposed number of parking spaces.
(6) Any proposed point sources of air or water pollutants.
(7) Any species of special concern known to occur on the property.
(8) Whether a portion of the property is located within any of the following:
(A) A very high fire hazard severity zone, as determined by the Department of
Forestry and Fire Protection pursuant to Section 51178.
(B) Wetlands, as defined in the United States Fish and Wildlife Service Manual,
Part 660 FW 2 (June 21, 1993).
(C) A hazardous waste site that is listed pursuant to Section 65962.5 or a hazardous
waste site designated by the Department of Toxic Substances Control pursuant to
Section 25356 of the Health and Safety Code.
(D) A special flood hazard area subject to inundation by the 1 percent annual
chance flood (100-year flood) as determined by the Federal Emergency Management
Agency in any official maps published by the Federal Emergency Management
Agency.
(E) 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 13 of the Health and Safety Code),
and by any local building department under Chapter 12.2 (commencing with Section
8875) of Division 1 of Title 2.
(F) A stream or other resource that may be subject to a streambed alteration
agreement pursuant to Chapter 6 (commencing with Section 1600) of Division 2 of
the Fish and Game Code.
(9) Any historic or cultural resources known to exist on the property.
(10) The number of proposed below market rate units and their affordability levels.
(11) The number of bonus units and any incentives, concessions, waivers, or
parking reductions requested pursuant to Section 65915.
(12) Whether any approvals under the Subdivision Map Act, including, but not
limited to, a parcel map, a tentative map, or a condominium map, are being requested.
(13) The applicant’s contact information and, if the applicant does not own the
property, consent from the property owner to submit the application.
(14) For a housing development project proposed to be located within the coastal
zone, whether any portion of the property contains any of the following:
(A) Wetlands, as defined in subdivision (b) of Section 13577 of Title 14 of the
California Code of Regulations.
(B) Environmentally sensitive habitat areas, as defined in Section 30240 of the
Public Resources Code.
(C) A tsunami run-up zone.
(D) Use of the site for public access to or along the coast.
(15) The number of existing residential units on the project site that will be
demolished and whether each existing unit is occupied or unoccupied.
(16) A site map showing a stream or other resource that may be subject to a
streambed alteration agreement pursuant to Chapter 6 (commencing with Section
1600) of Division 2 of the Fish and Game Code 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.
(17) The location of any recorded public easement, such as easements for storm
drains, water lines, and other public rights of way.
(b) (1) Each local agency shall compile a checklist and application form that
applicants for housing development projects may use for the purpose of satisfying
the requirements for submittal of a preliminary application.
(2) The Department of Housing and Community Development shall adopt a
standardized form that applicants for housing development projects may use for the
purpose of satisfying the requirements for submittal of a preliminary application if a
local agency has not developed its own application form pursuant to paragraph (1).
Adoption of the standardized form shall not be subject to Chapter 3.5 (commencing
with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
(3) A checklist or form shall not require or request any information beyond that
expressly identified in subdivision (a).
(c) After submittal of all of the information required by subdivision (a), if the
development proponent revises the project such that the number of residential units
or square footage of construction changes by 20 percent or more, exclusive of any
increase resulting from the receipt of a density bonus, incentive, concession, waiver,
or similar provision, the housing development project shall not be deemed to have
Page 22 of 54
submitted a preliminary application that satisfies this section until the development
proponent resubmits the information required by subdivision (a) so that it reflects the
revisions. For purposes of this subdivision, “square footage of construction” means
the building area, as defined by the California Building Standards Code (Title 24 of
the California Code of Regulations).
(d) (1) Within 180 calendar days after submitting a preliminary application with
all of the information required by subdivision (a) to a city, county, or city and county,
the development proponent shall submit an application for a development project that
includes all of the information required to process the development application
consistent with Sections 65940, 65941, and 65941.5.
(2) If the public agency determines that the application for the development project
is not complete pursuant to Section 65943, the development proponent shall submit
the specific information needed to complete the application within 90 days of receiving
the agency’s written identification of the necessary information. If the development
proponent does not submit this information within the 90-day period, then the
preliminary application shall expire and have no further force or effect.
(3) This section shall not require an affirmative determination by a city, county,
or city and county regarding the completeness of a preliminary application or a
development application for purposes of compliance with this section.
(e) This section shall remain in effect only until January 1, 2025, and as of that
date is repealed.
(Added by Stats. 2019, Ch. 654, Sec. 8. (SB 330) Effective January 1, 2020. Repealed as of January
1, 2025, by its own provisions.)
Page 23 of 54
Page 24 of 54
State of California
GOVERNMENT CODE
Section 65941.5
65941.5. Each public agency shall notify applicants for development permits of the
time limits established for the review and approval of development permits pursuant
to Article 3 (commencing with Section 65940) and Article 5 (commencing with
Section 65950), of the requirements of subdivision (e) of Section 65962.5, and of the
public notice distribution requirements under applicable provisions of law. The public
agency shall also notify applicants regarding the provisions of Section 65961. The
public agency may charge applicants a reasonable fee not to exceed the amount
reasonably necessary to provide the service required by this section. If a fee is charged
pursuant to this section, the fee shall be collected as part of the application fee charged
for the development permit.
(Amended by Stats. 1987, Ch. 985, Sec. 2.)
Page 25 of 54
State of California
GOVERNMENT CODE
Section 65941.6
65941.6. (a) Each local agency shall develop materials relating to the requirements
of the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.).
The local agency shall provide these materials to an applicant along with notice that
approval of a permit does not signify that the applicant has complied with the federal
Americans with Disabilities Act of 1990.
(b) For the purposes of complying with the requirements of subdivision (a), a local
agency may, in lieu of developing its own materials, provide applicants with those
materials which the California Commission on Disability Access has developed and
made available pursuant to Section 8299.06.
(Added by Stats. 2016, Ch. 13, Sec. 6. (SB 269) Effective May 10, 2016.)
Page 26 of 54
State of California
GOVERNMENT CODE
Section 65942
65942. The information and the criteria specified in Sections 65940, 65941, 65941.5
shall be revised as needed so that they shall be current and accurate at all times. Any
revisions shall apply prospectively only and shall not be a basis for determining that
an application is not complete pursuant to Section 65943 if the application was received
before the revision is effective except for revisions for the following reasons resulting
from the conditions which were not known and could not have been known by the
public agency at the time the application was received:
(a) To provide sufficient information to permit the public agency to make the
determination required by Section 21080.1 of the Public Resources Code, as provided
by Section 65941.
(b) To comply with the enactment of new or revised federal, state, or local
requirements, except for new or revised requirements of a local agency which is also
the lead agency.
(Amended by Stats. 1987, Ch. 803, Sec. 1.)
Page 27 of 54
State of California
GOVERNMENT CODE
Section 65943
65943. (a) Not later than 30 calendar days after any public agency has received an
application for a development project, the agency shall determine in writing whether
the application is complete and shall immediately transmit the determination to the
applicant for the development project. If the application is determined to be incomplete,
the lead agency shall provide the applicant with an exhaustive list of items that were
not complete. That list shall be limited to those items actually required on the lead
agency’s submittal requirement checklist. In any subsequent review of the application
determined to be incomplete, the local agency shall not request the applicant to provide
any new information that was not stated in the initial list of items that were not
complete. If the written determination is not made within 30 days after receipt of the
application, and the application includes a statement that it is an application for a
development permit, the application shall be deemed complete for purposes of this
chapter. Upon receipt of any resubmittal of the application, a new 30-day period shall
begin, during which the public agency shall determine the completeness of the
application. If the application is determined not to be complete, the agency’s
determination shall specify those parts of the application which are incomplete and
shall indicate the manner in which they can be made complete, including a list and
thorough description of the specific information needed to complete the application.
The applicant shall submit materials to the public agency in response to the list and
description.
(b) Not later than 30 calendar days after receipt of the submitted materials described
in subdivision (a), the public agency shall determine in writing whether the application
as supplemented or amended by the submitted materials is complete and shall
immediately transmit that determination to the applicant. In making this determination,
the public agency is limited to determining whether the application as supplemented
or amended includes the information required by the list and a thorough description
of the specific information needed to complete the application required by subdivision
(a). If the written determination is not made within that 30-day period, the application
together with the submitted materials shall be deemed complete for purposes of this
chapter.
(c) If the application together with the submitted materials are determined not to
be complete pursuant to subdivision (b), the public agency shall provide a process
for the applicant to appeal that decision in writing to the governing body of the agency
or, if there is no governing body, to the director of the agency, as provided by that
agency. A city or county shall provide that the right of appeal is to the governing body
or, at their option, the planning commission, or both.
There shall be a final written determination by the agency on the appeal not later
than 60 calendar days after receipt of the applicant’s written appeal. The fact that an
appeal is permitted to both the planning commission and to the governing body does
not extend the 60-day period. Notwithstanding a decision pursuant to subdivision (b)
that the application and submitted materials are not complete, if the final written
determination on the appeal is not made within that 60-day period, the application
with the submitted materials shall be deemed complete for the purposes of this chapter.
(d) Nothing in this section precludes an applicant and a public agency from mutually
agreeing to an extension of any time limit provided by this section.
(e) A public agency may charge applicants a fee not to exceed the amount
reasonably necessary to provide the service required by this section. If a fee is charged
pursuant to this section, the fee shall be collected as part of the application fee charged
for the development permit.
(f) Each city and each county shall make copies of any list compiled pursuant to
Section 65940 with respect to information required from an applicant for a housing
development project, as that term is defined in paragraph (2) of subdivision (h) of
Section 65589.5, available both (1) in writing to those persons to whom the agency
is required to make information available under subdivision (a) of that section, and
(2) publicly available on the internet website of the city or county.
(g) This section shall remain in effect only until January 1, 2025, and as of that
date is repealed.
(Amended by Stats. 2019, Ch. 654, Sec. 9. (SB 330) Effective January 1, 2020. Repealed as of January
1, 2025, by its own provisions. See later operative version added by Sec. 10 of Stats. 2019, Ch. 654.)
Page 28 of 54
Page 29 of 54
State of California
GOVERNMENT CODE
Section 65944
65944. (a) After a public agency accepts an application as complete, the agency
shall not subsequently request of an applicant any new or additional information
which was not specified in the list prepared pursuant to Section 65940. The agency
may, in the course of processing the application, request the applicant to clarify,
amplify, correct, or otherwise supplement the information required for the application.
(b) The provisions of subdivision (a) shall not be construed as requiring an applicant
to submit with an initial application the entirety of the information which a public
agency may require in order to take final action on the application. Prior to accepting
an application, each public agency shall inform the applicant of any information
included in the list prepared pursuant to Section 65940 which will subsequently be
required from the applicant in order to complete final action on the application.
(c) This section shall not be construed as limiting the ability of a public agency to
request and obtain information which may be needed in order to comply with the
provisions of Division 13 (commencing with Section 21000) of the Public Resources
Code.
(d) (1) After a public agency accepts an application as complete, and if the project
applicant has identified that the proposed project is located within 1,000 feet of a
military installation or within special use airspace or beneath a low-level flight path
in accordance with Section 65940, the public agency shall provide notice of the
complete application to any branch of the United States Armed Forces that has
provided the Office of Planning and Research with points of contact to receive the
notice.
(2) Except for a project within 1,000 feet of a military installation, the public
agency is not required to provide a copy of the application if the project is located
entirely in an “urbanized area.” An urbanized area is any urban location that meets
the definition used by the United State Department of Commerce’s Bureau of Census
for “urban” and includes locations with core census block groups containing at least
1,000 people per square mile and surrounding census block groups containing at least
500 people per square mile.
(e) After providing notice of the application as required in subdivision (d), and if
requested by any branch of the United States Armed Forces, the public agency and
the project applicant shall consult with the impacted military branch or branches to
discuss the effects of the proposed project on military installations, low-level flight
paths, or special use airspace, and potential alternatives and mitigation measures.
(f) The Office of Planning and Research shall maintain on its internet website and
provide notice to public agencies all of the following:
(1) Maps of low-level flight paths, special use airspace, and military installations.
(2) The military points of contact to receive notifications pursuant to subdivision
(d).
(3) The information required in the notice of a completed application pursuant to
subdivision (d). This information shall include, at a minimum, all of the following:
(A) The project’s specific location.
(B) The major physical alterations to the property on which the project will be
located.
(C) A site place showing the location of the project on the property, as well as the
massing, height, and approximate square footage, of each building that will be
occupied.
(D) The proposed land uses by number of units or square feet using the categories
in the applicable zoning ordinance.
(Amended by Stats. 2019, Ch. 142, Sec. 3. (SB 242) Effective January 1, 2020.)
Page 30 of 54
Housing Crisis Act of 2019
Government Code § 66300
Page 31 of 54
Page 32 of 54
State of California
GOVERNMENT CODE
Section 66300
66300. (a) As used in this section:
(1) (A) Except as otherwise provided in subparagraph (B), “affected city” means
a city, including a charter city, that the Department of Housing and Community
Development determines, pursuant to subdivision (e), is in an urbanized area or urban
cluster, as designated by the United States Census Bureau.
(B) Notwithstanding subparagraph (A), “affected city” does not include any city
that has a population of 5,000 or less and is not located within an urbanized area, as
designated by the United States Census Bureau.
(2) “Affected county” means 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 United States Census Bureau.
(3) Notwithstanding any other law, “affected county” and “affected city” includes
the electorate of an affected county or city exercising its local initiative or referendum
power, whether that power is derived from the California Constitution, statute, or the
charter or ordinances of the affected county or city.
(4) “Department” means the Department of Housing and Community Development.
(5) “Development policy, standard, or condition” means any of the following:
(A) A provision of, or amendment to, a general plan.
(B) A provision of, or amendment to, a specific plan.
(C) A provision of, or amendment to, a zoning ordinance.
(D) A subdivision standard or criterion.
(6) “Housing development project” has the same meaning as defined in paragraph
(2) of subdivision (h) of Section 65589.5.
(7) “Objective design standard” means a design standard that involve no personal
or subjective judgment by a public official and is 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 of an
application.
(b) (1) Notwithstanding any other law except as provided in subdivision (i), with
respect to land where housing is an allowable use, an affected county or an affected
city shall not enact a development policy, standard, or condition that would have any
of the following effects:
(A) Changing 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, except as otherwise provided in clause
(ii) of subparagraph (B). For purposes of this subparagraph, “less intensive use”
includes, but is not limited to, reductions to height, density, or floor area ratio, new
or increased open space or lot size requirements, or new or increased setback
requirements, minimum frontage requirements, or maximum lot coverage limitations,
or anything that would lessen the intensity of housing.
(B) (i) Imposing 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 restricted affordable housing.
(ii) The affected county or affected city, as applicable, shall not enforce a zoning
ordinance imposing a moratorium or other similar restriction on or limitation of
housing development until it has submitted the ordinance to, and received approval
from, the department. The department shall approve a zoning ordinance submitted to
it pursuant to this subparagraph only if it determines that the zoning ordinance satisfies
the requirements of this subparagraph. If the department denies approval of a zoning
ordinance imposing a moratorium or similar restriction or limitation on housing
development as inconsistent with this subparagraph, that ordinance shall be deemed
void.
(C) Imposing or enforcing design standards established on or after January 1, 2020,
that are not objective design standards.
(D) Except as provided in subparagraph (E), establishing or implementing any
provision that:
(i) Limits the number of land use approvals or permits necessary for the approval
and construction of housing that will be issued or allocated within all or a portion of
the affected county or affected city, as applicable.
(ii) Acts as a cap on the number of housing units that can be approved or constructed
either annually or for some other time period.
(iii) Limits the population of the affected county or affected city, as applicable.
(E) Notwithstanding subparagraph (D), an affected county or affected city may
enforce a limit on the number of approvals or permits or a cap on the number of
housing units that can be approved or constructed if the provision of law imposing
the limit was approved by voters prior to January 1, 2005, and the affected county or
affected city is located in a predominantly agricultural county. For the purposes of
this subparagraph, “predominantly agricultural county” means a county that meets
both of the following, as determined by the most recent California Farmland
Conversion Report produced by the Department of Conservation:
(i) Has more than 550,000 acres of agricultural land.
(ii) At least one-half of the county area is agricultural land.
(2) Any development policy, standard, or condition enacted on or after the effective
date of this section that does not comply with this section shall be deemed void.
Page 33 of 54
(c) Notwithstanding subdivisions (b) and (f), an affected county or affected city
may enact a development policy, standard, or condition to prohibit the commercial
use of land that is designated for residential use, including, but not limited to,
short-term occupancy of a residence, consistent with the authority conferred on the
county or city by other law.
(d) Notwithstanding any other provision of this section, both of the following shall
apply:
(1) An affected city or an affected county shall not approve a housing development
project that will require the demolition of residential dwelling units unless the project
will create at least as many residential dwelling units as will be demolished.
(2) An affected city or an affected county shall not approve a housing development
project that will require the demolition of occupied or vacant protected units, unless
all of the following apply:
(A) (i) The project will replace all existing or demolished protected units.
(ii) Any protected units replaced pursuant to this subparagraph shall be considered
in determining whether the housing development project satisfies the requirements
of Section 65915 or a locally adopted requirement that requires, as a condition of the
development of residential rental units, that the project provide a certain percentage
of residential rental units affordable to, and occupied by, households with incomes
that do not exceed the limits for moderate-income, lower income, very low income,
or extremely low income households, as specified in Sections 50079.5, 50093, 50105,
and 50106 of the Health and Safety Code.
(iii) Notwithstanding clause (i), in the case of a protected unit that is or was, within
the five-year period preceding the application, subject to a form of rent or price control
through a local government’s valid exercise of its police power, and that is or was
occupied by persons or families above lower income, the affected city or affected
county may do either of the following:
(I) Require that the replacement units be made available at affordable rent or
affordable housing cost to, and occupied by, low-income persons or families. If the
replacement units will be rental dwelling units, these units shall be subject to a recorded
affordability restriction for at least 55 years.
(II) Require that the units be replaced in compliance with the jurisdiction’s rent
or price control ordinance, provided that each unit is replaced. Unless otherwise
required by the affected city or affected county’s rent or price control ordinance, these
units shall not be subject to a recorded affordability restriction.
(B) The housing development project will include at least as many residential
dwelling units as the greatest number of residential dwelling units that existed on the
project site within the last five years.
(C) Any existing residents will be allowed to occupy their units until six months
before the start of construction activities with proper notice, subject to Chapter 16
(commencing with Section 7260) of Division 7 of Title 1.
(D) The developer agrees to provide both of the following to the occupants of any
protected units:
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(i) Relocation benefits to the occupants of those affordable residential rental units,
subject to Chapter 16 (commencing with Section 7260) of Division 7 of Title 1.
(ii) A right of first refusal for a comparable unit available in the new housing
development affordable to the household at an affordable rent, as defined in Section
50053 of the Health and Safety Code, or an affordable housing cost, as defined in
50052.5.
(E) For purposes of this paragraph:
(i) “Equivalent size” means that the replacement units contain at least the same
total number of bedrooms as the units being replaced.
(ii) “Protected units” means any of the following:
(I) Residential dwelling units that are or were subject to a recorded covenant,
ordinance, or law that restricts rents to levels affordable to persons and families of
lower or very low income within the past five years.
(II) Residential dwelling units that are or were subject to any form of rent or price
control through a public entity’s valid exercise of its police power within the past five
years.
(III) Residential dwelling units that are or were occupied by lower or very low
income households within the past five years.
(IV) Residential dwelling units that were withdrawn from rent or lease in
accordance with Chapter 12.75 (commencing with Section 7060) of Division 7 of
Title 1 within the past 10 years.
(iii) “Replace” shall have the same meaning as provided in subparagraph (B) of
paragraph (3) of subdivision (c) of Section 65915.
(3) This subdivision shall not supersede any objective provision of a locally adopted
ordinance that places restrictions on the demolition of residential dwelling units or
the subdivision of residential rental units that are more protective of lower income
households, requires the provision of a greater number of units affordable to lower
income households, or that requires greater relocation assistance to displaced
households.
(4) This subdivision shall only apply to a housing development project that submits
a complete application pursuant to Section 65943 on or after January 1, 2020.
(e) The Department of Housing and Community Development shall determine
those cities and counties in this state that are affected cities and affected counties, in
accordance with subdivision (a) by June 30, 2020. The department may update the
list of affected cities and affected counties once on or after January 1, 2021, to account
for changes in urbanized areas or urban clusters due to new data obtained from the
2020 census. The department’s determination shall remain valid until January 1, 2025.
(f) (1) Except as provided in paragraphs (3) and (4) and subdivisions (h) and (i),
this section shall prevail over any conflicting provision of this title or other law
regulating housing development in this state to the extent that this section more fully
advances the intent specified in paragraph (2).
(2) It is the intent of the Legislature that this section be broadly construed so as to
maximize the development of housing within this state. Any exception to the
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requirements of this section, including an exception for the health and safety of
occupants of a housing development project, shall be construed narrowly.
(3) This section shall not be construed as prohibiting the adoption or amendment
of a development policy, standard, or condition in a manner that:
(A) Allows greater density.
(B) Facilitates the development of housing.
(C) Reduces the costs to a housing development project.
(D) Imposes or implements mitigation measures as necessary to comply with the
California Environmental Quality Act (Division 13 (commencing with Section 21000)
of the Public Resources Code).
(4) This section shall not apply to a housing development project located within
a very high fire hazard severity zone. For purposes of this paragraph, “very high fire
hazard severity zone” has the same meaning as provided in Section 51177.
(g) This section shall not be construed to void a height limit, urban growth
boundary, or urban limit established by the electorate of an affected county or an
affected city, provided that the height limit, urban growth boundary, or urban limit
complies with subparagraph (A) of paragraph (1) of subdivision (b).
(h) (1) Nothing in this section supersedes, limits, or otherwise modifies the
requirements of, or the standards of review pursuant to, Division 13 (commencing
with Section 21000) of the Public Resources Code.
(2) Nothing in this section supersedes, limits, or otherwise modifies the
requirements of the California Coastal Act of 1976 (Division 20 (commencing with
Section 30000) of the Public Resources Code). For a housing development project
proposed within the coastal zone, nothing in this section shall be construed to prohibit
an affected county or an affected city from enacting a development policy, standard,
or condition necessary to implement or amend a certified local coastal program
consistent with the California Coastal Act of 1976 (Division 20 (commencing with
Section 30000) of the Public Resources Code).
(i) (1) This section does not prohibit an affected county or an affected city from
changing a land use designation or zoning ordinance to a less intensive use if the city
or county concurrently changes the development standards, policies, and conditions
applicable to other parcels within the jurisdiction to ensure that there is no net loss in
residential capacity.
(2) This section does not prohibit an affected county or an affected city from
changing a land use designation or zoning ordinance to a less intensive use on a site
that is a mobilehome park, as defined in Section 18214 of the Health and Safety Code,
as of the effective date of this section, and the no net loss requirement in paragraph
(1) shall not apply.
(j) Notwithstanding subdivisions (b) and (f), this section does not prohibit an
affected city or an affected county from enacting a development policy, standard, or
condition that is intended to preserve or facilitate the production of housing for lower
income households, as defined in Section 50079.5 of the Health and Safety Code, or
housing types that traditionally serve lower income households, including mobilehome
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parks, single-room occupancy units, or units subject to any form of rent or price
control through a public entity’s valid exercise of its police power.
(Added by Stats. 2019, Ch. 654, Sec. 13. (SB 330) Effective January 1, 2020. Repealed as of January
1, 2025, pursuant to Section 66301.)
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Density Bonus Law
Government Code § 65915
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Page 39 of 54
State of California
GOVERNMENT CODE
Section 65915
65915. (a) (1) When an applicant seeks a density bonus for a housing development
within, or for the donation of land for housing within, the jurisdiction of a city, county,
or city and county, that local government shall comply with this section. A city,
county, or city and county shall adopt an ordinance that specifies how compliance
with this section will be implemented. Failure to adopt an ordinance shall not relieve
a city, county, or city and county from complying with this section.
(2) A local government shall not condition the submission, review, or approval of
an application pursuant to this chapter on the preparation of an additional report or
study that is not otherwise required by state law, including this section. This
subdivision does not prohibit a local government from requiring an applicant to provide
reasonable documentation to establish eligibility for a requested density bonus,
incentives or concessions, as described in subdivision (d), waivers or reductions of
development standards, as described in subdivision (e), and parking ratios, as described
in subdivision (p).
(3) In order to provide for the expeditious processing of a density bonus application,
the local government shall do all of the following:
(A) Adopt procedures and timelines for processing a density bonus application.
(B) Provide a list of all documents and information required to be submitted with
the density bonus application in order for the density bonus application to be deemed
complete. This list shall be consistent with this chapter.
(C) Notify the applicant for a density bonus whether the application is complete
in a manner consistent with the timelines specified in Section 65943.
(D) (i) If the local government notifies the applicant that the application is deemed
complete pursuant to subparagraph (C), provide the applicant with a determination
as to the following matters:
(I) The amount of density bonus, calculated pursuant to subdivision (f), for which
the applicant is eligible.
(II) If the applicant requests a parking ratio pursuant to subdivision (p), the parking
ratio for which the applicant is eligible.
(III) If the applicant requests incentives or concessions pursuant to subdivision (d)
or waivers or reductions of development standards pursuant to subdivision (e), whether
the applicant has provided adequate information for the local government to make a
determination as to those incentives, concessions, or waivers or reductions of
development standards.
(ii) Any determination required by this subparagraph shall be based on the
development project at the time the application is deemed complete. The local
government shall adjust the amount of density bonus and parking ratios awarded
pursuant to this section based on any changes to the project during the course of
development.
(b) (1) A city, county, or city and county shall grant one density bonus, the amount
of which shall be as specified in subdivision (f), and, if requested by the applicant
and consistent with the applicable requirements of this section, incentives or
concessions, as described in subdivision (d), waivers or reductions of development
standards, as described in subdivision (e), and parking ratios, as described in
subdivision (p), when an applicant for a housing development seeks and agrees to
construct a housing development, excluding any units permitted by the density bonus
awarded pursuant to this section, that will contain at least any one of the following:
(A) Ten percent of the total units of a housing development for lower income
households, as defined in Section 50079.5 of the Health and Safety Code.
(B) Five percent of the total units of a housing development for very low income
households, as defined in Section 50105 of the Health and Safety Code.
(C) A senior citizen housing development, as defined in Sections 51.3 and 51.12
of the Civil Code, or a mobilehome park that limits residency based on age
requirements for housing for older persons pursuant to Section 798.76 or 799.5 of the
Civil Code.
(D) Ten percent of the total dwelling units in a common interest development, as
defined in Section 4100 of the Civil Code, for persons and families of moderate
income, as defined in Section 50093 of the Health and Safety Code, provided that all
units in the development are offered to the public for purchase.
(E) Ten percent of the total units of a housing development for transitional foster
youth, as defined in Section 66025.9 of the Education Code, disabled veterans, as
defined in Section 18541, or homeless persons, as defined in the federal
McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11301 et seq.). The units
described in this subparagraph shall be subject to a recorded affordability restriction
of 55 years and shall be provided at the same affordability level as very low income
units.
(F) (i) Twenty percent of the total units for lower income students in a student
housing development that meets the following requirements:
(I) All units in the student housing development will be used exclusively for
undergraduate, graduate, or professional students enrolled full time at an institution
of higher education accredited by the Western Association of Schools and Colleges
or the Accrediting Commission for Community and Junior Colleges. In order to be
eligible under this subclause, the developer shall, as a condition of receiving a
certificate of occupancy, provide evidence to the city, county, or city and county that
the developer has entered into an operating agreement or master lease with one or
more institutions of higher education for the institution or institutions to occupy all
units of the student housing development with students from that institution or
institutions. An operating agreement or master lease entered into pursuant to this
subclause is not violated or breached if, in any subsequent year, there are not sufficient
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students enrolled in an institution of higher education to fill all units in the student
housing development.
(II) The applicable 20-percent units will be used for lower income students. For
purposes of this clause, “lower income students” means students who have a household
income and asset level that does not exceed the level for Cal Grant A or Cal Grant B
award recipients as set forth in paragraph (1) of subdivision (k) of Section 69432.7
of the Education Code. The eligibility of a student under this clause shall be verified
by an affidavit, award letter, or letter of eligibility provided by the institution of higher
education that the student is enrolled in, as described in subclause (I), or by the
California Student Aid Commission that the student receives or is eligible for financial
aid, including an institutional grant or fee waiver, from the college or university, the
California Student Aid Commission, or the federal government shall be sufficient to
satisfy this subclause.
(III) The rent provided in the applicable units of the development for lower income
students shall be calculated at 30 percent of 65 percent of the area median income for
a single-room occupancy unit type.
(IV) The development will provide priority for the applicable affordable units for
lower income students experiencing homelessness. A homeless service provider, as
defined in paragraph (3) of subdivision (d) of Section 103577 of the Health and Safety
Code, or institution of higher education that has knowledge of a person’s homeless
status may verify a person’s status as homeless for purposes of this subclause.
(ii) For purposes of calculating a density bonus granted pursuant to this
subparagraph, the term “unit” as used in this section means one rental bed and its pro
rata share of associated common area facilities. The units described in this
subparagraph shall be subject to a recorded affordability restriction of 55 years.
(G) One hundred percent of the total units, exclusive of a manager’s unit or units,
are for lower income households, as defined by Section 50079.5 of the Health and
Safety Code, except that up to 20 percent of the total units in the development may
be for moderate-income households, as defined in Section 50053 of the Health and
Safety Code.
(2) For purposes of calculating the amount of the density bonus pursuant to
subdivision (f), an applicant who requests a density bonus pursuant to this subdivision
shall elect whether the bonus shall be awarded on the basis of subparagraph (A), (B),
(C), (D), (E), (F), or (G) of paragraph (1).
(3) For the purposes of this section, “total units,” “total dwelling units,” or “total
rental beds” does not include units added by a density bonus awarded pursuant to this
section or any local law granting a greater density bonus.
(c) (1) (A) An applicant shall agree to, and the city, county, or city and county
shall ensure, the continued affordability of all very low and low-income rental units
that qualified the applicant for the award of the density bonus for 55 years or a longer
period of time if required by the construction or mortgage financing assistance
program, mortgage insurance program, or rental subsidy program.
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(B) (i) Except as otherwise provided in clause (ii), rents for the lower income
density bonus units shall be set at an affordable rent, as defined in Section 50053 of
the Health and Safety Code.
(ii) For housing developments meeting the criteria of subparagraph (G) of paragraph
(1) of subdivision (b), rents for all units in the development, including both base
density and density bonus units, shall be as follows:
(I) The rent for at least 20 percent of the units in the development shall be set at
an affordable rent, as defined in Section 50053 of the Health and Safety Code.
(II) The rent for the remaining units in the development shall be set at an amount
consistent with the maximum rent levels for a housing development that receives an
allocation of state or federal low-income housing tax credits from the California Tax
Credit Allocation Committee.
(2) An applicant shall agree to, and the city, county, or city and county shall ensure
that, the initial occupant of all for-sale units that qualified the applicant for the award
of the density bonus are persons and families of very low, low, or moderate income,
as required, and that the units are offered at an affordable housing cost, as that cost
is defined in Section 50052.5 of the Health and Safety Code. The local government
shall enforce an equity sharing agreement, unless it is in conflict with the requirements
of another public funding source or law. The following apply to the equity sharing
agreement:
(A) Upon resale, the seller of the unit shall retain the value of any improvements,
the downpayment, and the seller’s proportionate share of appreciation. The local
government shall recapture any initial subsidy, as defined in subparagraph (B), and
its proportionate share of appreciation, as defined in subparagraph (C), which amount
shall be used within five years for any of the purposes described in subdivision (e)
of Section 33334.2 of the Health and Safety Code that promote home ownership.
(B) For purposes of this subdivision, the local government’s initial subsidy shall
be equal to the fair market value of the home at the time of initial sale minus the initial
sale price to the moderate-income household, plus the amount of any downpayment
assistance or mortgage assistance. If upon resale the market value is lower than the
initial market value, then the value at the time of the resale shall be used as the initial
market value.
(C) For purposes of this subdivision, the local government’s proportionate share
of appreciation shall be equal to the ratio of the local government’s initial subsidy to
the fair market value of the home at the time of initial sale.
(3) (A) An applicant shall be ineligible for a density bonus or any other incentives
or concessions under this section if the housing development is proposed on any
property that includes a parcel or parcels on which rental dwelling units are or, if the
dwelling units have been vacated or demolished in the five-year period preceding the
application, have been subject to a recorded covenant, ordinance, or law that restricts
rents to levels affordable to persons and families of lower or very low income; subject
to any other form of rent or price control through a public entity’s valid exercise of
its police power; or occupied by lower or very low income households, unless the
proposed housing development replaces those units, and either of the following applies:
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(i) The proposed housing development, inclusive of the units replaced pursuant to
this paragraph, contains affordable units at the percentages set forth in subdivision
(b).
(ii) Each unit in the development, exclusive of a manager’s unit or units, is
affordable to, and occupied by, either a lower or very low income household.
(B) For the purposes of this paragraph, “replace” shall mean either of the following:
(i) If any dwelling units described in subparagraph (A) are occupied on the date
of application, the proposed housing development shall provide at least the same
number of units of equivalent size to be made available at affordable rent or affordable
housing cost to, and occupied by, persons and families in the same or lower income
category as those households in occupancy. If the income category of the household
in occupancy is not known, it shall be rebuttably presumed that lower income renter
households occupied these units in the same proportion of lower income renter
households to all renter households within the jurisdiction, as determined by the most
recently available data from the United States Department of Housing and Urban
Development’s Comprehensive Housing Affordability Strategy database. For
unoccupied dwelling units described in subparagraph (A) in a development with
occupied units, the proposed housing development shall provide units of equivalent
size to be made available at affordable rent or affordable housing cost to, and occupied
by, persons and families in the same or lower income category as the last household
in occupancy. If the income category of the last household in occupancy is not known,
it shall be rebuttably presumed that lower income renter households occupied these
units in the same proportion of lower income renter households to all renter households
within the jurisdiction, as determined by the most recently available data from the
United States Department of Housing and Urban Development’s Comprehensive
Housing Affordability Strategy database. All replacement calculations resulting in
fractional units shall be rounded up to the next whole number. If the replacement
units will be rental dwelling units, these units shall be subject to a recorded
affordability restriction for at least 55 years. If the proposed development is for-sale
units, the units replaced shall be subject to paragraph (2).
(ii) If all dwelling units described in subparagraph (A) have been vacated or
demolished within the five-year period preceding the application, the proposed housing
development shall provide at least the same number of units of equivalent size as
existed at the highpoint of those units in the five-year period preceding the application
to be made available at affordable rent or affordable housing cost to, and occupied
by, persons and families in the same or lower income category as those persons and
families in occupancy at that time, if known. If the incomes of the persons and families
in occupancy at the highpoint is not known, it shall be rebuttably presumed that
low-income and very low income renter households occupied these units in the same
proportion of low-income and very low income renter households to all renter
households within the jurisdiction, as determined by the most recently available data
from the United States Department of Housing and Urban Development’s
Comprehensive Housing Affordability Strategy database. All replacement calculations
resulting in fractional units shall be rounded up to the next whole number. If the
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replacement units will be rental dwelling units, these units shall be subject to a recorded
affordability restriction for at least 55 years. If the proposed development is for-sale
units, the units replaced shall be subject to paragraph (2).
(C) Notwithstanding subparagraph (B), for any dwelling unit described in
subparagraph (A) that is or was, within the five-year period preceding the application,
subject to a form of rent or price control through a local government’s valid exercise
of its police power and that is or was occupied by persons or families above lower
income, the city, county, or city and county may do either of the following:
(i) Require that the replacement units be made available at affordable rent or
affordable housing cost to, and occupied by, low-income persons or families. If the
replacement units will be rental dwelling units, these units shall be subject to a recorded
affordability restriction for at least 55 years. If the proposed development is for-sale
units, the units replaced shall be subject to paragraph (2).
(ii) Require that the units be replaced in compliance with the jurisdiction’s rent or
price control ordinance, provided that each unit described in subparagraph (A) is
replaced. Unless otherwise required by the jurisdiction’s rent or price control ordinance,
these units shall not be subject to a recorded affordability restriction.
(D) For purposes of this paragraph, “equivalent size” means that the replacement
units contain at least the same total number of bedrooms as the units being replaced.
(E) Subparagraph (A) does not apply to an applicant seeking a density bonus for
a proposed housing development if the applicant’s application was submitted to, or
processed by, a city, county, or city and county before January 1, 2015.
(d) (1) An applicant for a density bonus pursuant to subdivision (b) may submit
to a city, county, or city and county a proposal for the specific incentives or concessions
that the applicant requests pursuant to this section, and may request a meeting with
the city, county, or city and county. The city, county, or city and county shall grant
the concession or incentive requested by the applicant unless the city, county, or city
and county makes a written finding, based upon substantial evidence, of any of the
following:
(A) The concession or incentive does not result in identifiable and actual cost
reductions, consistent with subdivision (k), to provide for affordable housing costs,
as defined in Section 50052.5 of the Health and Safety Code, or for rents for the
targeted units to be set as specified in subdivision (c).
(B) The concession or incentive would have a specific, adverse impact, as defined
in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety
or the physical environment or on any real property that is listed in the California
Register of Historical Resources and for which there is no feasible method to
satisfactorily mitigate or avoid the specific, adverse impact without rendering the
development unaffordable to low-income and moderate-income households.
(C) The concession or incentive would be contrary to state or federal law.
(2) The applicant shall receive the following number of incentives or concessions:
(A) One incentive or concession for projects that include at least 10 percent of the
total units for lower income households, at least 5 percent for very low income
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households, or at least 10 percent for persons and families of moderate income in a
common interest development.
(B) Two incentives or concessions for projects that include at least 20 percent of
the total units for lower income households, at least 10 percent for very low income
households, or at least 20 percent for persons and families of moderate income in a
common interest development.
(C) Three incentives or concessions for projects that include at least 30 percent of
the total units for lower income households, at least 15 percent for very low income
households, or at least 30 percent for persons and families of moderate income in a
common interest development.
(D) Four incentives or concessions for projects meeting the criteria of subparagraph
(G) of paragraph (1) of subdivision (b). If the project is located within one-half mile
of a major transit stop, as defined in subdivision (b) of Section 21155 of the Public
Resources Code, the applicant shall also receive a height increase of up to three
additional stories, or 33 feet.
(3) The applicant may initiate judicial proceedings if the city, county, or city and
county refuses to grant a requested density bonus, incentive, or concession. If a court
finds that the refusal to grant a requested density bonus, incentive, or concession is
in violation of this section, the court shall award the plaintiff reasonable attorney’s
fees and costs of suit. Nothing in this subdivision shall be interpreted to require a
local government to grant an incentive or concession that has a specific, adverse
impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5, upon health,
safety, or the physical environment, and for which there is no feasible method to
satisfactorily mitigate or avoid the specific adverse impact. Nothing in this subdivision
shall be interpreted to require a local government to grant an incentive or concession
that would have an adverse impact on any real property that is listed in the California
Register of Historical Resources. The city, county, or city and county shall establish
procedures for carrying out this section that shall include legislative body approval
of the means of compliance with this section.
(4) The city, county, or city and county shall bear the burden of proof for the denial
of a requested concession or incentive.
(e) (1) In no case may a city, county, or city and county apply any development
standard that will have the effect of physically precluding the construction of a
development meeting the criteria of subdivision (b) at the densities or with the
concessions or incentives permitted by this section. Subject to paragraph (3), an
applicant may submit to a city, county, or city and county a proposal for the waiver
or reduction of development standards that will have the effect of physically precluding
the construction of a development meeting the criteria of subdivision (b) at the densities
or with the concessions or incentives permitted under this section, and may request
a meeting with the city, county, or city and county. If a court finds that the refusal to
grant a waiver or reduction of development standards is in violation of this section,
the court shall award the plaintiff reasonable attorney’s fees and costs of suit. Nothing
in this subdivision shall be interpreted to require a local government to waive or
reduce development standards if the waiver or reduction would have a specific, adverse
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impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5, upon health,
safety, or the physical environment, and for which there is no feasible method to
satisfactorily mitigate or avoid the specific adverse impact. Nothing in this subdivision
shall be interpreted to require a local government to waive or reduce development
standards that would have an adverse impact on any real property that is listed in the
California Register of Historical Resources, or to grant any waiver or reduction that
would be contrary to state or federal law.
(2) A proposal for the waiver or reduction of development standards pursuant to
this subdivision shall neither reduce nor increase the number of incentives or
concessions to which the applicant is entitled pursuant to subdivision (d).
(3) A housing development that receives a waiver from any maximum controls on
density pursuant to clause (ii) of subparagraph (D) of paragraph (3) of subdivision
(f) shall not be eligible for, and shall not receive, a waiver or reduction of development
standards pursuant to this subdivision, other than as expressly provided in subparagraph
(D) of paragraph (2) of subdivision (d) and clause (ii) of subparagraph (D) of paragraph
(3) of subdivision (f).
(f) For the purposes of this chapter, “density bonus” means a density increase over
the otherwise maximum allowable gross residential density as of the date of application
by the applicant to the city, county, or city and county, or, if elected by the applicant,
a lesser percentage of density increase, including, but not limited to, no increase in
density. The amount of density increase to which the applicant is entitled shall vary
according to the amount by which the percentage of affordable housing units exceeds
the percentage established in subdivision (b).
(1) For housing developments meeting the criteria of subparagraph (A) of paragraph
(1) of subdivision (b), the density bonus shall be calculated as follows:
Percentage Density
Bonus
Percentage Low-Income Units
20 10
21.5 11
23 12
24.5 13
26 14
27.5 15
30.5 17
32 18
33.5 19
35 20
(2) For housing developments meeting the criteria of subparagraph (B) of paragraph
(1) of subdivision (b), the density bonus shall be calculated as follows:
Percentage Density Bonus Percentage Very Low Income Units
20 5
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22.5 6
25 7
27.5 8
30 9
32.5 10
35 11
(3) (A) For housing developments meeting the criteria of subparagraph (C) of
paragraph (1) of subdivision (b), the density bonus shall be 20 percent of the number
of senior housing units.
(B) For housing developments meeting the criteria of subparagraph (E) of paragraph
(1) of subdivision (b), the density bonus shall be 20 percent of the number of the type
of units giving rise to a density bonus under that subparagraph.
(C) For housing developments meeting the criteria of subparagraph (F) of paragraph
(1) of subdivision (b), the density bonus shall be 35 percent of the student housing
units.
(D) For housing developments meeting the criteria of subparagraph (G) of paragraph
(1) of subdivision (b), the following shall apply:
(i) Except as otherwise provided in clause (ii), the density bonus shall be 80 percent
of the number of units for lower income households.
(ii) If the housing development is located within one-half mile of a major transit
stop, as defined in subdivision (b) of Section 21155 of the Public Resources Code,
the city, county, or city and county shall not impose any maximum controls on density.
(4) For housing developments meeting the criteria of subparagraph (D) of paragraph
(1) of subdivision (b), the density bonus shall be calculated as follows:
Percentage Density Bonus Percentage Moderate-Income Units
5 10
6 11
7 12
8 13
9 14
10 15
11 16
12 17
13 18
14 19
15 20
16 21
17 22
18 23
19 24
20 25
21 26
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22 27
23 28
24 29
25 30
26 31
27 32
28 33
29 34
30 35
31 36
32 37
33 38
34 39
35 40
(5) All density calculations resulting in fractional units shall be rounded up to the
next whole number. The granting of a density bonus shall not require, or be interpreted,
in and of itself, to require a general plan amendment, local coastal plan amendment,
zoning change, or other discretionary approval.
(g) (1) When an applicant for a tentative subdivision map, parcel map, or other
residential development approval donates land to a city, county, or city and county
in accordance with this subdivision, the applicant shall be entitled to a 15-percent
increase above the otherwise maximum allowable residential density for the entire
development, as follows:
Percentage Density Bonus Percentage Very Low Income
15 10
16 11
17 12
18 13
19 14
20 15
21 16
22 17
23 18
24 19
25 20
26 21
27 22
28 23
29 24
30 25
31 26
32 27
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33 28
34 29
35 30
(2) This increase shall be in addition to any increase in density mandated by
subdivision (b), up to a maximum combined mandated density increase of 35 percent
if an applicant seeks an increase pursuant to both this subdivision and subdivision
(b). All density calculations resulting in fractional units shall be rounded up to the
next whole number. Nothing in this subdivision shall be construed to enlarge or
diminish the authority of a city, county, or city and county to require a developer to
donate land as a condition of development. An applicant shall be eligible for the
increased density bonus described in this subdivision if all of the following conditions
are met:
(A) The applicant donates and transfers the land no later than the date of approval
of the final subdivision map, parcel map, or residential development application.
(B) The developable acreage and zoning classification of the land being transferred
are sufficient to permit construction of units affordable to very low income households
in an amount not less than 10 percent of the number of residential units of the proposed
development.
(C) The transferred land is at least one acre in size or of sufficient size to permit
development of at least 40 units, has the appropriate general plan designation, is
appropriately zoned with appropriate development standards for development at the
density described in paragraph (3) of subdivision (c) of Section 65583.2, and is or
will be served by adequate public facilities and infrastructure.
(D) The transferred land shall have all of the permits and approvals, other than
building permits, necessary for the development of the very low income housing units
on the transferred land, not later than the date of approval of the final subdivision
map, parcel map, or residential development application, except that the local
government may subject the proposed development to subsequent design review to
the extent authorized by subdivision (i) of Section 65583.2 if the design is not reviewed
by the local government before the time of transfer.
(E) The transferred land and the affordable units shall be subject to a deed restriction
ensuring continued affordability of the units consistent with paragraphs (1) and (2)
of subdivision (c), which shall be recorded on the property at the time of the transfer.
(F) The land is transferred to the local agency or to a housing developer approved
by the local agency. The local agency may require the applicant to identify and transfer
the land to the developer.
(G) The transferred land shall be within the boundary of the proposed development
or, if the local agency agrees, within one-quarter mile of the boundary of the proposed
development.
(H) A proposed source of funding for the very low income units shall be identified
not later than the date of approval of the final subdivision map, parcel map, or
residential development application.
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(h) (1) When an applicant proposes to construct a housing development that
conforms to the requirements of subdivision (b) and includes a childcare facility that
will be located on the premises of, as part of, or adjacent to, the project, the city,
county, or city and county shall grant either of the following:
(A) An additional density bonus that is an amount of square feet of residential
space that is equal to or greater than the amount of square feet in the childcare facility.
(B) An additional concession or incentive that contributes significantly to the
economic feasibility of the construction of the childcare facility.
(2) The city, county, or city and county shall require, as a condition of approving
the housing development, that the following occur:
(A) The childcare facility shall remain in operation for a period of time that is as
long as or longer than the period of time during which the density bonus units are
required to remain affordable pursuant to subdivision (c).
(B) Of the children who attend the childcare facility, the children of very low
income households, lower income households, or families of moderate income shall
equal a percentage that is equal to or greater than the percentage of dwelling units
that are required for very low income households, lower income households, or
families of moderate income pursuant to subdivision (b).
(3) Notwithstanding any requirement of this subdivision, a city, county, or city
and county shall not be required to provide a density bonus or concession for a
childcare facility if it finds, based upon substantial evidence, that the community has
adequate childcare facilities.
(4) “Childcare facility,” as used in this section, means a child daycare facility other
than a family daycare home, including, but not limited to, infant centers, preschools,
extended daycare facilities, and schoolage childcare centers.
(i) “Housing development,” as used in this section, means a development project
for five or more residential units, including mixed-use developments. For the purposes
of this section, “housing development” also includes a subdivision or common interest
development, as defined in Section 4100 of the Civil Code, approved by a city, county,
or city and county and consists of residential units or unimproved residential lots and
either a project to substantially rehabilitate and convert an existing commercial building
to residential use or the substantial rehabilitation of an existing multifamily dwelling,
as defined in subdivision (d) of Section 65863.4, where the result of the rehabilitation
would be a net increase in available residential units. For the purpose of calculating
a density bonus, the residential units shall be on contiguous sites that are the subject
of one development application, but do not have to be based upon individual
subdivision maps or parcels. The density bonus shall be permitted in geographic areas
of the housing development other than the areas where the units for the lower income
households are located.
(j) (1) The granting of a concession or incentive shall not require or be interpreted,
in and of itself, to require a general plan amendment, local coastal plan amendment,
zoning change, study, or other discretionary approval. For purposes of this subdivision,
“study” does not include reasonable documentation to establish eligibility for the
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concession or incentive or to demonstrate that the incentive or concession meets the
definition set forth in subdivision (k). This provision is declaratory of existing law.
(2) Except as provided in subdivisions (d) and (e), the granting of a density bonus
shall not require or be interpreted to require the waiver of a local ordinance or
provisions of a local ordinance unrelated to development standards.
(k) For the purposes of this chapter, concession or incentive means any of the
following:
(1) A reduction in site development standards or a modification of zoning code
requirements or architectural design requirements that exceed the minimum building
standards approved by the California Building Standards Commission as provided in
Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety
Code, including, but not limited to, a reduction in setback and square footage
requirements and in the ratio of vehicular parking spaces that would otherwise be
required that results in identifiable and actual cost reductions, to provide for affordable
housing costs, as defined in Section 50052.5 of the Health and Safety Code, or for
rents for the targeted units to be set as specified in subdivision (c).
(2) Approval of mixed-use zoning in conjunction with the housing project if
commercial, office, industrial, or other land uses will reduce the cost of the housing
development and if the commercial, office, industrial, or other land uses are compatible
with the housing project and the existing or planned development in the area where
the proposed housing project will be located.
(3) Other regulatory incentives or concessions proposed by the developer or the
city, county, or city and county that result in identifiable and actual cost reductions
to provide for affordable housing costs, as defined in Section 50052.5 of the Health
and Safety Code, or for rents for the targeted units to be set as specified in subdivision
(c).
(l) Subdivision (k) does not limit or require the provision of direct financial
incentives for the housing development, including the provision of publicly owned
land, by the city, county, or city and county, or the waiver of fees or dedication
requirements.
(m) This section does not supersede or in any way alter or lessen the effect or
application of the California Coastal Act of 1976 (Division 20 (commencing with
Section 30000) of the Public Resources Code). Any density bonus, concessions,
incentives, waivers or reductions of development standards, and parking ratios to
which the applicant is entitled under this section shall be permitted in a manner that
is consistent with this section and Division 20 (commencing with Section 30000) of
the Public Resources Code.
(n) If permitted by local ordinance, nothing in this section shall be construed to
prohibit a city, county, or city and county from granting a density bonus greater than
what is described in this section for a development that meets the requirements of
this section or from granting a proportionately lower density bonus than what is
required by this section for developments that do not meet the requirements of this
section.
(o) For purposes of this section, the following definitions shall apply:
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(1) “Development standard” includes a site or construction condition, including,
but not limited to, a height limitation, a setback requirement, a floor area ratio, an
onsite open-space requirement, or a parking ratio that applies to a residential
development pursuant to any ordinance, general plan element, specific plan, charter,
or other local condition, law, policy, resolution, or regulation.
(2) “Maximum allowable residential density” means the density allowed under
the zoning ordinance and land use element of the general plan, or, if a range of density
is permitted, means the maximum allowable density for the specific zoning range and
land use element of the general plan applicable to the project. If the density allowed
under the zoning ordinance is inconsistent with the density allowed under the land
use element of the general plan, the general plan density shall prevail.
(p) (1) Except as provided in paragraphs (2), (3), and (4), upon the request of the
developer, a city, county, or city and county shall not require a vehicular parking
ratio, inclusive of handicapped and guest parking, of a development meeting the
criteria of subdivisions (b) and (c), that exceeds the following ratios:
(A) Zero to one bedroom: one onsite parking space.
(B) Two to three bedrooms: two onsite parking spaces.
(C) Four and more bedrooms: two and one-half parking spaces.
(2) Notwithstanding paragraph (1), if a development includes the maximum
percentage of low-income or very low income units provided for in paragraphs (1)
and (2) of subdivision (f) and is located within one-half mile of a major transit stop,
as defined in subdivision (b) of Section 21155 of the Public Resources Code, and
there is unobstructed access to the major transit stop from the development, then,
upon the request of the developer, a city, county, or city and county shall not impose
a vehicular parking ratio, inclusive of handicapped and guest parking, that exceeds
0.5 spaces per bedroom. For purposes of this subdivision, a development shall have
unobstructed access to a major transit stop if a resident is able to access the major
transit stop without encountering natural or constructed impediments.
(3) Notwithstanding paragraph (1), if a development consists solely of rental units,
exclusive of a manager’s unit or units, with an affordable housing cost to lower income
families, as provided in Section 50052.5 of the Health and Safety Code, then, upon
the request of the developer, a city, county, or city and county shall not impose a
vehicular parking ratio, inclusive of handicapped and guest parking, that exceeds the
following ratios:
(A) If the development is located within one-half mile of a major transit stop, as
defined in subdivision (b) of Section 21155 of the Public Resources Code, and there
is unobstructed access to the major transit stop from the development, the ratio shall
not exceed 0.5 spaces per unit.
(B) If the development is a for-rent housing development for individuals who are
62 years of age or older that complies with Sections 51.2 and 51.3 of the Civil Code,
the ratio shall not exceed 0.5 spaces per unit. The development shall have either
paratransit service or unobstructed access, within one-half mile, to fixed bus route
service that operates at least eight times per day.
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(4) Notwithstanding paragraphs (1) and (8), if a development consists solely of
rental units, exclusive of a manager’s unit or units, with an affordable housing cost
to lower income families, as provided in Section 50052.5 of the Health and Safety
Code, and the development is either a special needs housing development, as defined
in Section 51312 of the Health and Safety Code, or a supportive housing development,
as defined in Section 50675.14 of the Health and Safety Code, then, upon the request
of the developer, a city, county, or city and county shall not impose any minimum
vehicular parking requirement. A development that is a special needs housing
development shall have either paratransit service or unobstructed access, within
one-half mile, to fixed bus route service that operates at least eight times per day.
(5) If the total number of parking spaces required for a development is other than
a whole number, the number shall be rounded up to the next whole number. For
purposes of this subdivision, a development may provide onsite parking through
tandem parking or uncovered parking, but not through onstreet parking.
(6) This subdivision shall apply to a development that meets the requirements of
subdivisions (b) and (c), but only at the request of the applicant. An applicant may
request parking incentives or concessions beyond those provided in this subdivision
pursuant to subdivision (d).
(7) This subdivision does not preclude a city, county, or city and county from
reducing or eliminating a parking requirement for development projects of any type
in any location.
(8) Notwithstanding paragraphs (2) and (3), if a city, county, city and county, or
an independent consultant has conducted an areawide or jurisdictionwide parking
study in the last seven years, then the city, county, or city and county may impose a
higher vehicular parking ratio not to exceed the ratio described in paragraph (1), based
upon substantial evidence found in the parking study, that includes, but is not limited
to, an analysis of parking availability, differing levels of transit access, walkability
access to transit services, the potential for shared parking, the effect of parking
requirements on the cost of market-rate and subsidized developments, and the lower
rates of car ownership for low-income and very low income individuals, including
seniors and special needs individuals. The city, county, or city and county shall pay
the costs of any new study. The city, county, or city and county shall make findings,
based on a parking study completed in conformity with this paragraph, supporting
the need for the higher parking ratio.
(9) A request pursuant to this subdivision shall neither reduce nor increase the
number of incentives or concessions to which the applicant is entitled pursuant to
subdivision (d).
(q) Each component of any density calculation, including base density and bonus
density, resulting in fractional units shall be separately rounded up to the next whole
number. The Legislature finds and declares that this provision is declaratory of existing
law.
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(r) This chapter shall be interpreted liberally in favor of producing the maximum
number of total housing units.
(Amended (as amended by Stats. 2018, Ch. 937) by Stats. 2019, Ch. 666, Sec. 1. (AB 1763) Effective
January 1, 2020.)
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