Housing Accountability Act: housing disapprovals: required local findings.

The Planning and Zoning Law requires a city or county to adopt a general plan for land use development within its boundaries that includes, among other things, a housing element. Existing law, commonly referred to as the Housing Element Law, prescribes requirements for a city's or county's preparation of, and compliance with, its housing element, and requires the Department of Housing and Community Development to review and determine whether the housing element substantially complies with the Housing Element Law, as specified. Existing law, the Housing Accountability Act, among other things, prohibits a local agency from disapproving, or conditioning approval in a manner that renders infeasible, a housing development project for very low, low-, or moderate-income households unless the local agency makes written findings as to one of certain sets of conditions, as specified. Among these conditions, the act allows a local agency to disapprove a housing development project that is inconsistent with the jurisdiction's zoning ordinances and general plan land use designation as it existed on the date the application was deemed complete, if the jurisdiction has adopted a revised housing element that is in substantial compliance with the Housing Element Law, as specified. This bill would make various changes to that condition. The bill would specify that a local agency may disapprove or condition approval of a housing development project or emergency shelter, as described above, if the local agency makes written findings that on the date the application for the housing development project or emergency shelter was deemed complete the jurisdiction did not have an adopted revised housing element that was in substantial compliance with the Housing Element Law and the housing development project is not a builder's remedy project, as defined. Existing law defines various terms for purposes of the Housing Accountability Act. Among these terms, the act defines "housing development project" to mean a use consisting of residential units only, mixed-use developments consisting of residential and nonresidential uses with at least 23 of the square footage designated for residential use, or transitional or supportive housing. The act also defines the term "disapprove the housing development project" to include, among other things, any instance in which a local agency votes on a proposed housing development project application and the application is disapproved. The act also defines the term "housing for very low, low-, or moderate-income households," as provided. This bill would revise the definition of "housing development project" to (1) expand the scope of mixed-use developments that qualify under that definition and (2) include farmworker housing, as defined, within that definition. The bill would also revise the definition of "disapprove the housing development project" to (1) include any instance in which a local agency takes final administrative action on the application and the application is disapproved and (2) additionally provide that a local agency disapproves the project if it undertakes specified acts, including failing to cease a course of conduct undertaken for an improper purpose that effectively disapproves the proposed housing development without taking final administrative action if certain conditions are met, and failing to comply with specified law. The bill would also recast the definition of the term "housing for very low, low-, or moderate-income households" to mean housing for lower income households, mixed-income households, or moderate-income households. The bill would add various definitions, including "housing for lower income households," "housing for mixed-income households," and "housing for moderate-income households." Existing law authorizes a development proponent to submit an application for a development subject to a streamlined, ministerial approval process if the development complies with certain objective planning standards, including, among others, that the development is compliant with the maximum density allowed within that land use designation. Existing law, the Affordable Housing and High Road Jobs Act of 2022, until January 1, 2033, authorizes a development proponent to submit an application for a mixed-income housing development that meets specified objective standards and affordability and site criteria, including satisfying specified density thresholds. The act makes a development that meets those objective standards and affordability and site criteria a use by right and subject to a streamlined, ministerial review process. This bill would prescribe requirements that apply to a housing development project that is a builder's remedy project, including that a builder's remedy project is deemed to be in compliance with specified residential density standards and specified objective zoning standards, objective subdivision standards, and objective design review standards necessary for the streamlined, ministerial approval processes described above. By imposing additional duties on local agencies with respect to the review and approval of builder's remedy projects, the bill would impose a state-mandated local program. The Housing Accountability Act authorizes certain persons to bring an action to enforce the act's provisions and requires a court to order certain relief if the court makes certain findings. This bill would require court to order the relief referenced above if the court finds that the local agency violated the builder's remedy project provisions described above. This bill would incorporate additional changes to Section 65589.5 of the Government Code proposed by AB 1413 to be operative only if this bill and AB 1413 are enacted and this bill is enacted last. 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.