Development projects: demolition of residential dwelling units.

Existing law, the Housing Crisis Act of 2019, among other things, prohibits an affected city or an affected county, as defined, from approving a housing development project that will require the demolition of one or more residential dwelling units, unless the project creates at least as many residential dwelling units as will be demolished. The act also prohibits an affected city or affected county from approving any housing development project that will require the demolition of occupied or vacant protected units, unless specified conditions are met. In this regard, the act requires a project that will require the demolition of occupied or vacant protected units to, among other things, (1) replace all existing or demolished protected units, (2) include a minimum amount of residential units, (3) allow existing occupants to occupy their units until 6 months before the start of construction activities, and (4) provide relocation benefits to the existing occupants of any protected units that are lower income households. This bill would expand the demolition of residential dwelling units prohibitions to prohibit an affected city or affected county from approving any development project that will require the demolition of occupied or vacant protected units, or that is located on a site where protected units were demolished in the previous 5 years, unless the conditions described above are met, except as provided. In this regard, the bill would revise the above-described requirement that protected units be replaced and instead require the replacement of all existing protected units and protected units demolished on or after January 1, 2020, and would additionally require a proponent to ensure that the required replacement housing is developed prior to or concurrently with the development project, if the project is not a housing development project. If the development project will require the demolition of occupied or vacant protected units, existing law requires a developer to agree to provide a right of first refusal for a comparable unit available in the new housing development to the existing occupants of any protected units that are lower income households. This bill, if the development project will require the demolition of occupied or vacant protected units and the new development is not a housing development, would require a developer to provide a right of first refusal for a comparable unit in the required replacement units to the existing occupants of any protected units that are lower income households. Existing law requires the Department of Housing and Community Development to notify the city, county, or city and county and authorizes the department to notify the Attorney General that a city, county, or city and county is in violation of state law if the department finds that the housing element, amendment to the element, or other specified actions or failures to act do not substantially comply with specified provisions of existing law, including the above-described prohibition on an affected city or an affected county from approving a housing development project that will require the demolition of one or more residential dwelling units unless the project creates at least as many residential dwelling units as will be demolished. This bill would remove the above-described requirement and authorization for the department to notify the city, county, or city and county and the Attorney General of a housing element, amendment, or other action found to be in violation of specified law. The bill would make various other conforming and nonsubstantive changes. 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.