AB 3194: Housing Accountability Act: project approval.

The Housing Accountability Act, which is part of the Planning and Zoning Law, 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 or an emergency shelter unless the local agency makes specified written findings, based upon a preponderance of the evidence, that one or more conditions exist, including that the housing development project or emergency shelter would have a specific, adverse impact upon the public health or safety, as specified. The act also requires a local agency proposing to disapprove a housing development project that complies with applicable, objective general plan and zoning standards and criteria, or to approve it on the condition that it be developed at a lower density, to base its decision upon written findings supported by a preponderance of the evidence on the record that specified conditions exist, including if the housing development project would have a specific, adverse impact upon the public health or safety.

This bill would specify that a proposed housing development project is not inconsistent with the applicable zoning standards and criteria, and would prohibit a local government from requiring 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. The bill would authorize a local agency, provided that the local agency has complied with specified provisions, to require the proposed housing development project to comply with the objective standards and criteria of the zoning which are consistent with the general plan, and would require the local agency to apply those standards and criteria to facilitate and accommodate development at the density allowed on the site by the general plan and proposed by the proposed housing development project. The bill would declare the Legislatures intent that the conditions that would have a specific, adverse impact upon the public health and safety arise infrequently.