Housing Accountability Act: disapprovals: California Environmental Quality Act.

Existing law, the Housing Accountability Act, prohibits a local agency from disapproving a housing development project, as described, unless it makes certain written findings based on a preponderance of the evidence in the record. The act defines "disapprove the housing development project" as including any instance in which a local agency either votes and disapproves a proposed housing development project application, including any required land use approvals or entitlements necessary for the issuance of a building permit, or fails to comply with specified time periods. Existing law, the California Environmental Quality Act (CEQA) , requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project that the lead agency proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if the lead agency finds that the project will not have that effect. This bill would define "disapprove the housing development project" as also including any instance in which a local agency fails to issue a project an exemption from CEQA for which it is eligible, as described, or fails to adopt a negative declaration or addendum for the project, to certify an environmental impact report for the project, or to approve another comparable environmental document, if certain conditions are satisfied. Among other conditions, the bill would require a housing development project subject to these provisions to be located within an urbanized area, as defined, and meet or exceed 15 dwelling units per acre. By imposing additional duties on local officials, the bill would create a state-mandated local program. Existing law requires a petition to enforce the Housing Accountability Act to be brought pursuant to a specified procedure and be filed no later than 90 days from the effective date of a decision of the local agency imposing conditions on, disapproving of, or any other final action taken on a housing development project. This bill would provide that a local agency's failure to make a determination that the project is exempt from CEQA or failure to adopt, approve, or certify a negative declaration, addendum, environmental impact report, or comparable environmental review document, is deemed a final disapproval of the housing project for purposes of filing a petition to enforce the provisions of the act if the applicant gives timely written notice to the local agency, as specified, and the agency does not issue the exemption or adopt, approve, or certify a negative declaration, addendum, environmental impact report, or comparable environmental review document within 90 days of the applicant's notice. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.