SB 951: California Coastal Act of 1976: coastal zone: coastal development.
- Session Year: 2023-2024
- House: Senate
- Latest Version Date: 2024-09-27
Current Status:
Passed
(2024-09-27: Chaptered by Secretary of State. Chapter 775, Statutes of 2024.)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Enacted
The California Coastal Act of 1976 prescribes procedures for the approval and certification of a local coastal program by the California Coastal Commission, and provides for the delegation of development review authority to a local government, as defined, with a certified local coastal program. Under the act, an action taken by a local government after certification of its local coastal program on a coastal development permit application may be appealed to the commission only on specified grounds and only for certain types of developments, including any development approved by a coastal county that is not designated as the principal permitted use under the zoning ordinance or zoning district map, as specified.
This bill would exempt a local government that is both a city and county from the above provision relating to the appeal of developments approved by a coastal county.
The act requires a local government taking an action on a coastal development permit to send notification of its final action to the commission by certified mail, as provided.
This bill would also allow notification to the commission by electronic mail, as provided.
This bill would make legislative findings and declarations as to the necessity of a special statute for certain areas of the state that are both a city and county.
The California Coastal Act of 1976 prescribes procedures for the approval and certification of a local coastal program by the California Coastal Commission, and provides for the delegation of development review authority to a local government, as defined, with a certified local coastal program. Under the act, an action taken by a local government after certification of its local coastal program on a coastal development permit application may be appealed to the commission only on specified grounds and only for certain types of developments, including any development approved by a coastal county that is not designated as the principal permitted use under the zoning ordinance or zoning district map, as specified.
This bill would exempt a local government that is both a city and county from the above provision relating to the appeal of developments approved by a coastal county.
The act requires a local government taking an action on a coastal development permit to send notification of its final action to the commission by certified mail, as provided.
This bill would also allow notification to the commission by electronic mail, as provided.
This bill would make legislative findings and declarations as to the necessity of a special statute for certain areas of the state that are both a city and county.
The California Coastal Act of 1976 prescribes procedures for the approval and certification of a local coastal program by the California Coastal Commission, and provides for the delegation of development review authority to a local government, as defined, with a certified local coastal program. Under the act, an action taken by a local government after certification of its local coastal program on a coastal development permit application may be appealed to the commission only on specified grounds and only for certain types of developments, including any development approved by a coastal county that is not designated as the principal permitted use under the zoning ordinance or zoning district map, as specified.
This bill would exempt a local government that is both a city and county from the above provision relating to the appeal of developments approved by a coastal county.
The act requires a local government taking an action on a coastal development permit to send notification of its final action to the commission by certified mail, as provided.
This bill would also allow notification to the commission by electronic mail, as provided.
(3)The bill would include findings that changes proposed by Section 1 of this act addresses a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.(4)ThisThis bill would make legislative findings and declarations as to the necessity of a special statute for certain areas of the state that are both a city and county.
(5)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.(1)Existing law requires a city or county to prepare and adopt a general plan for its jurisdiction that contains certain mandatory elements, including a housing element. Existing law requires the housing element to identify adequate sites for housing, including rental housing, factory-built housing, mobilehomes, and emergency shelters, among other things. Existing law requires the housing element to contain an assessment of housing needs and an inventory of resources and constraints relevant to the meeting of these needs. Existing law requires rezoning, including adoption of minimum density and development standards, as specified, when an inventory of sites does not identify adequate sites to accommodate the need for groups of specified household income levels.
This bill would, for a jurisdiction within the coastal zone that has not identified adequate sites to accommodate the localitys housing need for a designated income level, require completion of any necessary local coastal program amendments related to land use designations, changes in intensity of land use, zoning ordinances, or zoning district maps, as specified. By imposing new duties on local governments with regard to the administration of housing elements, the bill would impose a state-mandated local program.
(2)The California Coastal Act of 1976 prescribes procedures for the approval and certification of a local coastal program by the California Coastal Commission, and provides for the delegation of development review authority to a local government, as defined, with a certified local coastal program. Under the act, an action taken by a local government after certification of its local coastal program on a coastal development permit application may be appealed to the commission only on specified grounds and only for certain types of developments, including any development approved by a coastal county that is not designated as the principal permitted use under the zoning ordinance or zoning district map, as specified.
This bill would exempt a local government that is both a city and county from the above provision relating to the appeal of developments approved by a coastal county.
The act requires a local government taking an action on a coastal development permit to send notification of its final action to the commission by certified mail, as provided.
This bill would also allow notification to the commission by electronic mail, as provided.
(3)The bill would include findings that changes proposed by Section 1 of this act addresses a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.
(4)This bill would make legislative findings and declarations as to the necessity of a special statute for certain areas of the state that are both a city and county.
(5)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.
(1)Existing law requires a city or county to prepare and adopt a general plan for its jurisdiction that contains certain mandatory elements, including a housing element. Existing law requires the housing element to identify adequate sites for housing, including rental housing, factory-built housing, mobilehomes, and emergency shelters, among other things. Existing law requires the housing element to contain an assessment of housing needs and an inventory of resources and constraints relevant to the meeting of these needs. Existing law requires rezoning, including adoption of minimum density and development standards, as specified, when an inventory of sites does not identify adequate sites to accommodate the need for groups of specified household income levels.
This bill would, for a jurisdiction within the coastal zone that has not identified adequate sites to accommodate the localitys housing need for a designated income level, require completion of any necessary local coastal program amendments related to land use designations, changes in intensity of land use, zoning ordinances, or zoning district maps, as specified. By imposing new duties on local governments with regard to the administration of housing elements, the bill would impose a state-mandated local program.
(2)The California Coastal Act of 1976 prescribes procedures for the approval and certification of a local coastal program by the California Coastal Commission, and provides for the delegation of development review authority to a local government, as defined, with a certified local coastal program. Under the act, an action taken by a local government after certification of its local coastal program on a coastal development permit application may be appealed to the commission only on specified grounds and only for certain types of developments, including any development approved by a coastal county that is not designated as the principal permitted use under the zoning ordinance or zoning district map, as specified.
This bill would exempt a local government that is both a city and county from the above provision relating to the appeal of developments approved by a coastal county.
The act requires a local government taking an action on a coastal development permit to send notification of its final action to the commission by certified mail, as provided.
This bill would also allow notification to the commission by email, electronic mail, as provided.
(3)The bill would include findings that changes proposed by Section 1 of this act addresses a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.
(4)This bill would make legislative findings and declarations as to the necessity of a special statute for certain areas of the state that are both a city and county.
(5)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.
(1)Existing law requires a city or county to prepare and adopt a general plan for its jurisdiction that contains certain mandatory elements, including a housing element. Existing law requires the housing element to identify adequate sites for housing, including rental housing, factory-built housing, mobilehomes, and emergency shelters, among other things. Existing law requires the housing element to contain an assessment of housing needs and an inventory of resources and constraints relevant to the meeting of these needs. Existing law requires rezoning, including adoption of minimum density and development standards, as specified, when an inventory of sites does not identify adequate sites to accommodate the need for groups of specified household income levels.
This bill would additionally apply specified rezoning standards for any necessary local coastal program updates for jurisdictions located within the coastal zone. would, for a jurisdiction within the coastal zone that has not identified adequate sites to accommodate the localitys housing need for a designated income level, require completion of any necessary local coastal program amendments related to land use designations, changes in intensity of land use, zoning ordinances, or zoning district maps, as specified. By imposing new duties on local governments with regard to the administration of housing elements, the bill would impose a state-mandated local program.
(2)The California Coastal Act of 1976 prescribes procedures for the approval and certification of a local coastal program by the California Coastal Commission, and provides for the delegation of development review authority to a local government, as defined, with a certified local coastal program. Under the act, an action taken by a local government after certification of its local coastal program on a coastal development permit application may be appealed to the commission only on specified grounds and only for certain types of developments, including any development approved by a coastal county that is not designated as the principal permitted use under the zoning ordinance or zoning district map, as specified.
This bill would exempt a local government that is both a city and county from the above provision relating to the appeal of developments approved by a coastal county.
The act requires a local government taking an action on a coastal development permit to send notification of its final action to the commission by certified mail, as provided.
This bill would also allow notification to the commission by email, as provided.
(3)The bill would include findings that changes proposed by Section 1 of this act addresses a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.
(4)This bill would make legislative findings and declarations as to the necessity of a special statute for certain areas of the state that are both a city and county.
(5)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.
(1)Existing law requires a city or county to prepare and adopt a general plan for its jurisdiction that contains certain mandatory elements, including a housing element. Existing law requires the housing element to identify adequate sites for housing, including rental housing, factory-built housing, mobilehomes, and emergency shelters, among other things. Existing law requires the housing element to contain an assessment of housing needs and an inventory of resources and constraints relevant to the meeting of these needs. Existing law requires rezoning, including adoption of minimum density and development standards, as specified, when an inventory of sites does not identify adequate sites to accommodate the need for groups of specified household income levels.
This bill would additionally apply specified rezoning standards for any necessary local coastal program updates for jurisdictions located within the coastal zone. By imposing new duties on local governments with regard to the administration of housing elements, the bill would impose a state-mandated local program.
(2)The California Coastal Act of 1976 prescribes procedures for the approval and certification of a local coastal program by the California Coastal Commission, and provides for the delegation of development review authority to a local government, as defined, with a certified local coastal program. Under the act, an action taken by a local government after certification of its local coastal program on a coastal development permit application may be appealed to the commission only on specified grounds and only for certain types of developments, including a any development approved by a coastal county that is not designated as the principal permitted use under the zoning ordinance or zoning district map, as specified.
This bill would instead authorize an appeal for a development approved by a coastal county that is not designated as a permitted use under the zoning ordinance or zoning district map, as specified.This bill would exempt a local government that is both a city and county from the above provision relating to the appeal of developments approved by a coastal county.
The act requires a local government taking an action on a coastal development permit to send notification of its final action to the commission by certified mail, as provided.
This bill would also allow notification to the commission by email, as provided.
(3)The bill would include findings that changes proposed by Section 1 of this act addresses a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.
(4)This bill would make legislative findings and declarations as to the necessity of a special statute for certain areas of the state that are both a city and county.
(4)(5)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.
(1)Existing law requires a city or county to prepare and adopt a general plan for its jurisdiction that contains certain mandatory elements, including a housing element. Existing law requires the housing element to identify adequate sites for housing, including rental housing, factory-built housing, mobilehomes, and emergency shelters, among other things. Existing law requires the housing element to contain an assessment of housing needs and an inventory of resources and constraints relevant to the meeting of these needs. Existing law requires rezoning, including adoption of minimum density and development standards, as specified, when an inventory of sites does not identify adequate sites to accommodate the need for groups of specified household income levels.
This bill would additionally apply specified rezoning standards for any necessary local coastal program updates for jurisdictions located within the coastal zone. By imposing new duties on local governments with regard to the administration of housing elements, the bill would impose a state-mandated local program.
(2)The California Coastal Act of 1976 requires each local government lying, in whole or in part, within the coastal zone, defined to mean that land and water area of the state, specified on specific maps, as provided, to prepare a local coastal program for that portion of the coastal zone within its jurisdiction.This bill would require the inland boundary of the coastal zone in the City and County of San Francisco to be amended to conform with the inland boundary on a specified map, as provided.The act(2)The California Coastal Act of 1976 prescribes procedures for the approval and certification of a local coastal program by the California Coastal Commission, and provides for the delegation of development review authority to a local government, as defined, with a certified local coastal program. Under the act, an action taken by a local government after certification of its local coastal program on a coastal development permit application may be appealed to the commission only on specified grounds and only for certain types of developments, including a development approved by a coastal county that is not designated as the principal permitted use under the zoning ordinance or zoning district map, as specified.
This bill would instead authorize an appeal for a development approved by a coastal county that is not designated as a permitted use under the zoning ordinance or zoning district map, as specified.
The act requires a local government taking an action on a coastal development permit to send notification of its final action to the commission by certified mail, as provided.
This bill would also allow notification to the commission by email, as provided.
(3)The bill would include findings that changes proposed by Section 1 of this act addresses a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.
(4)This bill would make legislative findings and declarations as to the necessity of a special statute for the City and County of San Francisco.(5)(4)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.
(1)Existing law requires a city or county to prepare and adopt a general plan for its jurisdiction that contains certain mandatory elements, including a housing element. Existing law requires the housing element to identify adequate sites for housing, including rental housing, factory-built housing, mobilehomes, and emergency shelters, among other things. Existing law requires the housing element to contain an assessment of housing needs and an inventory of resources and constraints relevant to the meeting of these needs. Existing law requires rezoning, including adoption of minimum density and development standards, as specified, when an inventory of sites does not identify adequate sites to accommodate the need for groups of specified household income levels.
This bill would additionally apply specified rezoning standards for any necessary local coastal program updates for jurisdictions located within the coastal zone. By imposing new duties on local governments with regard to the administration of housing elements, the bill would impose a state-mandated local program.
(2)The California Coastal Act of 1976 requires each local government lying, in whole or in part, within the coastal zone, defined to mean that land and water area of the state, specified on specific maps, as provided, to prepare a local coastal program for that portion of the coastal zone within its jurisdiction.
This bill would require the inland boundary of the coastal zone in the City and County of San Francisco to be amended to conform with the inland boundary on a specified map, as provided.
The act prescribes procedures for the approval and certification of a local coastal program by the California Coastal Commission, and provides for the delegation of development review authority to a local government, as defined, with a certified local coastal program. Under the act, an action taken by a local government after certification of its local coastal program on a coastal development permit application may be appealed to the commission only on specified grounds and only for certain types of developments, including a development approved by a coastal county that is not designated as the principal permitted use under the zoning ordinance or zoning district map, as specified.
This bill would instead authorize an appeal for a development approved by a coastal county that is not designated as a permitted use under the zoning ordinance or zoning district map, as specified.
The act requires a local government taking an action on a coastal development permit to send notification of its final action to the commission by certified mail, as provided.
This bill would also allow notification to the commission by email, as provided.
(3)The bill would include findings that changes proposed by Section 1 of this act addresses a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.
(4)This bill would make legislative findings and declarations as to the necessity of a special statute for the City and County of San Francisco.
(5)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.
(a)After certification of its local coastal program, an action taken by a local government on a coastal development permit application may be appealed to the commission for only the following types of developments:
(1)Developments approved by the local government between the sea and the first public road paralleling the sea or within 300 feet of the inland extent of any beach or of the mean high tideline of the sea where there is no beach, whichever is the greater distance.
(2)Developments approved by the local government not included within paragraph (1) that are located on tidelands, submerged lands, public trust lands, within 100 feet of any wetland, estuary, or stream, or within 300 feet of the top of the seaward face of any coastal bluff.
(3)Developments approved by the local government not included within paragraph (1) or (2) that are located in a sensitive coastal resource area.
(4)(A)Any development approved by a coastal county that is not designated as the principal permitted use under the zoning ordinance or zoning district map approved pursuant to Chapter 6 (commencing with Section 30500).
(B)For purposes of this paragraph, coastal county shall not include a local government that is both a city and county.
(5)Any development that constitutes a major public works project or a major energy facility.
(b)(1)The grounds for an appeal pursuant to subdivision (a) shall be limited to an allegation that the development does not conform to the standards set forth in the certified local coastal program or the public access policies set forth in this division.
(2)The grounds for an appeal of a denial of a permit pursuant to paragraph (5) of subdivision (a) shall be limited to an allegation that the development conforms to the standards set forth in the certified local coastal program and the public access policies set forth in this division.
(c)An action described in subdivision (a) shall become final at the close of business on the 10th working day from the date of receipt by the commission of the notice of the local governments final action, unless an appeal is submitted within that time. Regardless of whether an appeal is submitted, the local governments action shall become final if an appeal fee is imposed pursuant to subdivision (d) of Section 30620 and is not deposited with the commission within the time prescribed.
(d)(1)A local government taking an action on a coastal development permit shall send notification of its final action to the commission by certified mail, or by electronic mail pursuant to paragraph (2), within seven calendar days from the date of taking the action.
(2)(A)In order for a local government to notify the commission via electronic mail of an action on a coastal development permit, the notification shall be sent from a verifiable local government electronic mail account, and shall be received in the electronic mailbox designated by the commission on its internet website for receipt of that notification.
(B)For the purposes of determining the 10th working day from the date of receipt of notice by the commission under subdivision (c), notice received by the commission by electronic mail after the close of business shall be considered received on the next working day.
SEC. 2.With respect to Section 1 of this act, the Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the special circumstances of certain coastal areas of the state that are both a city and a county.
(a)After certification of its local coastal program, an action taken by a local government on a coastal development permit application may be appealed to the commission for only the following types of developments:
(1)Developments approved by the local government between the sea and the first public road paralleling the sea or within 300 feet of the inland extent of any beach or of the mean high tideline of the sea where there is no beach, whichever is the greater distance.
(2)Developments approved by the local government not included within paragraph (1) that are located on tidelands, submerged lands, public trust lands, within 100 feet of any wetland, estuary, or stream, or within 300 feet of the top of the seaward face of any coastal bluff.
(3)Developments approved by the local government not included within paragraph (1) or (2) that are located in a sensitive coastal resource area.
(4)(A)Any development approved by a coastal county that is not designated as the principal permitted use under the zoning ordinance or zoning district map approved pursuant to Chapter 6 (commencing with Section 30500).
(B)For purposes of this paragraph, coastal county shall not include a local government that is both a city and county.
(5)Any development that constitutes a major public works project or a major energy facility.
(b)(1)The grounds for an appeal pursuant to subdivision (a) shall be limited to an allegation that the development does not conform to the standards set forth in the certified local coastal program or the public access policies set forth in this division.
(2)The grounds for an appeal of a denial of a permit pursuant to paragraph (5) of subdivision (a) shall be limited to an allegation that the development conforms to the standards set forth in the certified local coastal program and the public access policies set forth in this division.
(c)An action described in subdivision (a) shall become final at the close of business on the 10th working day from the date of receipt by the commission of the notice of the local governments final action, unless an appeal is submitted within that time. Regardless of whether an appeal is submitted, the local governments action shall become final if an appeal fee is imposed pursuant to subdivision (d) of Section 30620 and is not deposited with the commission within the time prescribed.
(d)(1)A local government taking an action on a coastal development permit shall send notification of its final action to the commission by certified mail, or by electronic mail pursuant to paragraph (2), within seven calendar days from the date of taking the action.
(2)(A)In order for a local government to notify the commission via electronic mail of an action on a coastal development permit, the notification shall be sent from a verifiable local government electronic mail account, and shall be received in the electronic mailbox designated by the commission on its internet website for receipt of that notification.
(B)For the purposes of determining the 10th working day from the date of receipt of notice by the commission under subdivision (c), notice received by the commission by electronic mail after the close of business shall be considered received on the next working day.
SEC. 2.With respect to Section 1 of this act, the Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the special circumstances of certain coastal areas of the state that are both a city and a county.
(a)After certification of its local coastal program, an action taken by a local government on a coastal development permit application may be appealed to the commission for only the following types of developments:
(1)Developments approved by the local government between the sea and the first public road paralleling the sea or within 300 feet of the inland extent of any beach or of the mean high tideline of the sea where there is no beach, whichever is the greater distance.
(2)Developments approved by the local government not included within paragraph (1) that are located on tidelands, submerged lands, public trust lands, within 100 feet of any wetland, estuary, or stream, or within 300 feet of the top of the seaward face of any coastal bluff.
(3)Developments approved by the local government not included within paragraph (1) or (2) that are located in a sensitive coastal resource area.
(4)(A)Any development approved by a coastal county that is not designated as the principal permitted use under the zoning ordinance or zoning district map approved pursuant to Chapter 6 (commencing with Section 30500).
(B)For purposes of this paragraph, coastal county shall not include a local government that is both a city and county.
(5)Any development that constitutes a major public works project or a major energy facility.
(b)(1)The grounds for an appeal pursuant to subdivision (a) shall be limited to an allegation that the development does not conform to the standards set forth in the certified local coastal program or the public access policies set forth in this division.
(2)The grounds for an appeal of a denial of a permit pursuant to paragraph (5) of subdivision (a) shall be limited to an allegation that the development conforms to the standards set forth in the certified local coastal program and the public access policies set forth in this division.
(c)An action described in subdivision (a) shall become final at the close of business on the 10th working day from the date of receipt by the commission of the notice of the local governments final action, unless an appeal is submitted within that time. Regardless of whether an appeal is submitted, the local governments action shall become final if an appeal fee is imposed pursuant to subdivision (d) of Section 30620 and is not deposited with the commission within the time prescribed.
(d)(1)A local government taking an action on a coastal development permit shall send notification of its final action to the commission by certified mail, or by electronic mail pursuant to paragraph (2), within seven calendar days from the date of taking the action.
(2)(A)In order for a local government to notify the commission via electronic mail of an action on a coastal development permit, the notification shall be sent from a verifiable local government electronic mail account, and shall be received in the electronic mailbox designated by the commission on its internet website for receipt of that notification.
(B)For the purposes of determining the 10th working day from the date of receipt of notice by the commission under subdivision (c), notice received by the commission by electronic mail after the close of business shall be considered received on the next working day.
SEC. 3.The Legislature finds and declares that the provision of adequate housing, in light of the severe shortage of housing at all income levels in this state, is a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 1 of this act amending Section 65583 of the Government Code applies to all cities, including charter cities.SEC. 4.SEC. 2.With respect to Section 2 1 of this act, the Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the special circumstances of certain coastal areas of the state that are both a city and a county.
SEC. 5.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.The housing element shall consist of an identification and analysis of existing and projected housing needs and a statement of goals, policies, quantified objectives, financial resources, and scheduled programs for the preservation, improvement, and development of housing. The housing element shall identify adequate sites for housing, including rental housing, factory-built housing, mobilehomes, and emergency shelters, and shall make adequate provision for the existing and projected needs of all economic segments of the community. The element shall contain all of the following:
(a)An assessment of housing needs and an inventory of resources and constraints relevant to the meeting of these needs. The assessment and inventory shall include all of the following:
(1)An analysis of population and employment trends and documentation of projections and a quantification of the localitys existing and projected housing needs for all income levels, including extremely low income households, as defined in subdivision (b) of Section 50105 and Section 50106 of the Health and Safety Code. These existing and projected needs shall include the localitys share of the regional housing need in accordance with Section 65584. Local agencies shall calculate the subset of very low income households allotted under Section 65584 that qualify as extremely low income households. The local agency may either use available census data to calculate the percentage of very low income households that qualify as extremely low income households or presume that 50 percent of the very low income households qualify as extremely low income households. The number of extremely low income households and very low income households shall equal the jurisdictions allocation of very low income households pursuant to Section 65584.
(2)An analysis and documentation of household characteristics, including level of payment compared to ability to pay, housing characteristics, including overcrowding, and housing stock condition.
(3)An inventory of land suitable and available for residential development, including vacant sites and sites having realistic and demonstrated potential for redevelopment during the planning period to meet the localitys housing need for a designated income level, and an analysis of the relationship of zoning and public facilities and services to these sites, and an analysis of the relationship of the sites identified in the land inventory to the jurisdictions duty to affirmatively further fair housing.
(4)(A)The identification of one or more zoning designations that allow residential uses, including mixed uses, where emergency shelters are allowed as a permitted use without a conditional use or other discretionary permit and that are suitable for residential uses. The identified zoning designations shall include sufficient sites meeting the requirements of subparagraph (H) with sufficient capacity, as described in subparagraph (I), to accommodate the need for emergency shelter identified in paragraph (7), except that each local government shall identify a zoning designation or designations that can accommodate at least one year-round emergency shelter. If the local government cannot identify a zoning designation or designations with sufficient capacity, the local government shall include a program to amend its zoning ordinance to meet the requirements of this paragraph within one year of the adoption of the housing element. The local government may identify additional zoning designations where emergency shelters are permitted with a conditional use permit. The local government shall also demonstrate that existing or proposed permit processing, development, and management standards that apply to emergency shelters are objective and encourage and facilitate the development of, or conversion to, emergency shelters.
(B)Emergency shelters shall only be subject to the following written, objective standards:
(i)The maximum number of beds or persons permitted to be served nightly by the facility.
(ii)Sufficient parking to accommodate all staff working in the emergency shelter, provided that the standards do not require more parking for emergency shelters than other residential or commercial uses within the same zone.
(iii)The size and location of exterior and interior onsite waiting and client intake areas.
(iv)The provision of onsite management.
(v)The proximity to other emergency shelters, provided that emergency shelters are not required to be more than 300 feet apart.
(vi)The length of stay.
(vii)Lighting.
(viii)Security during hours that the emergency shelter is in operation.
(C)For purposes of this paragraph, emergency shelter shall include other interim interventions, including, but not limited to, a navigation center, bridge housing, and respite or recuperative care.
(D)The permit processing, development, and management standards applied under this paragraph shall not be deemed to be discretionary acts within the meaning of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).
(E)If a local government has adopted written, objective standards pursuant to subparagraph (B), the local government shall include an analysis of the standards in the analysis of constraints pursuant to paragraph (5).
(F)A local government that can demonstrate, to the satisfaction of the department, the existence of one or more emergency shelters either within its jurisdiction or pursuant to a multijurisdictional agreement that can accommodate that jurisdictions need and the needs of the other jurisdictions that are a part of the agreement for emergency shelter identified in paragraph (7) may comply with the zoning requirements of subparagraph (A) by identifying a zoning designation where new emergency shelters are allowed with a conditional use permit.
(G)A local government with an existing ordinance or ordinances that comply with this paragraph shall not be required to take additional action to identify zoning designations for emergency shelters. The housing element must only describe how existing ordinances, policies, and standards are consistent with the requirements of this paragraph.
(H)The zoning designation or designations where emergency shelters are allowed, as described in subparagraph (A), shall include sites that meet at least one of the following standards:
(i)Vacant sites zoned for residential use.
(ii)Vacant sites zoned for nonresidential use that allow residential development, if the local government can demonstrate how the sites with this zoning designation that are being used to satisfy the requirements of paragraph (1) are located near amenities and services that serve people experiencing homelessness, which may include health care, transportation, retail, employment, and social services, or that the local government will provide free transportation to services or offer services onsite.
(iii)Nonvacant sites zoned for residential use or for nonresidential use that allow residential development that are suitable for use as a shelter in the current planning period, or which can be redeveloped for use as a shelter in the current planning period. A nonvacant site with an existing use shall be presumed to impede emergency shelter development absent an analysis based on substantial evidence that the use is likely to be discontinued during the planning period. The analysis shall consider current market demand for the current uses, market conditions, and incentives or standards to encourage shelter development.
(I)The zoning designation or designations shall have sufficient sites meeting the requirements of subparagraph (H) to accommodate the need for shelters identified pursuant to paragraph (7). The number of people experiencing homelessness that can be accommodated on any site shall be demonstrated by dividing the square footage of the site by a minimum of 200 square feet per person, unless the locality can demonstrate that one or more shelters were developed on sites that have fewer square feet per person during the prior planning period or the locality provides similar evidence to the department demonstrating that the site can accommodate more people experiencing homelessness. Any standard applied pursuant to this subparagraph is intended only for calculating site capacity pursuant to this section, and shall not be construed as establishing a development standard applicable to the siting, development, or approval of a shelter.
(J)Notwithstanding subparagraph (H), a local government may accommodate the need for emergency shelters identified pursuant to paragraph (7) on sites owned by the local government if it demonstrates with substantial evidence that the sites will be made available for emergency shelter during the planning period, they are suitable for residential use, and the sites are located near amenities and services that serve people experiencing homelessness, which may include health care, transportation, retail, employment, and social services, or that the local government will provide free transportation to services or offer services onsite.
(5)An analysis of potential and actual governmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the types of housing identified in paragraph (1) of subdivision (c), and for persons with disabilities as identified in the analysis pursuant to paragraph (7), including land use controls, building codes and their enforcement, site improvements, fees and other exactions required of developers, local processing and permit procedures, and any locally adopted ordinances that directly impact the cost and supply of residential development. The analysis shall also demonstrate local efforts to remove governmental constraints that hinder the locality from meeting its share of the regional housing need in accordance with Section 65584 and from meeting the need for housing for persons with disabilities, supportive housing, transitional housing, and emergency shelters identified pursuant to paragraph (7).
(6)An analysis of potential and actual nongovernmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the availability of financing, the price of land, the cost of construction, the requests to develop housing at densities below those anticipated in the analysis required by subdivision (c) of Section 65583.2, and the length of time between receiving approval for a housing development and submittal of an application for building permits for that housing development that hinder the construction of a localitys share of the regional housing need in accordance with Section 65584. The analysis shall also demonstrate local efforts to remove nongovernmental constraints that create a gap between the localitys planning for the development of housing for all income levels and the construction of that housing.
(7)An analysis of any special housing needs, such as those of the elderly; persons with disabilities, including a developmental disability, as defined in Section 4512 of the Welfare and Institutions Code; large families; farmworkers; families with female heads of households; and families and persons in need of emergency shelter. The need for emergency shelter shall be assessed based on the capacity necessary to accommodate the most recent homeless point-in-time count conducted before the start of the planning period, the need for emergency shelter based on number of beds available on a year-round and seasonal basis, the number of shelter beds that go unused on an average monthly basis within a one-year period, and the percentage of those in emergency shelters that move to permanent housing solutions. The need for emergency shelter may be reduced by the number of supportive housing units that are identified in an adopted 10-year plan to end chronic homelessness and that are either vacant or for which funding has been identified to allow construction during the planning period. An analysis of special housing needs by a city or county may include an analysis of the need for frequent user coordinated care housing services.
(8)An analysis of opportunities for energy conservation with respect to residential development. Cities and counties are encouraged to include weatherization and energy efficiency improvements as part of publicly subsidized housing rehabilitation projects. This may include energy efficiency measures that encompass the building envelope, its heating and cooling systems, and its electrical system.
(9)An analysis of existing assisted housing developments that are eligible to change from low-income housing uses during the next 10 years due to termination of subsidy contracts, mortgage prepayment, or expiration of restrictions on use. Assisted housing developments, for the purpose of this section, shall mean multifamily rental housing that receives governmental assistance under federal programs listed in subdivision (a) of Section 65863.10, state and local multifamily revenue bond programs, local redevelopment programs, the federal Community Development Block Grant Program, or local in-lieu fees. Assisted housing developments shall also include multifamily rental units that were developed pursuant to a local inclusionary housing program or used to qualify for a density bonus pursuant to Section 65916.
(A)The analysis shall include a listing of each development by project name and address, the type of governmental assistance received, the earliest possible date of change from low-income use, and the total number of elderly and nonelderly units that could be lost from the localitys low-income housing stock in each year during the 10-year period. For purposes of state and federally funded projects, the analysis required by this subparagraph need only contain information available on a statewide basis.
(B)The analysis shall estimate the total cost of producing new rental housing that is comparable in size and rent levels, to replace the units that could change from low-income use, and an estimated cost of preserving the assisted housing developments. This cost analysis for replacement housing may be done aggregately for each five-year period and does not have to contain a project-by-project cost estimate.
(C)The analysis shall identify public and private nonprofit corporations known to the local government that have legal and managerial capacity to acquire and manage these housing developments.
(D)The analysis shall identify and consider the use of all federal, state, and local financing and subsidy programs that can be used to preserve, for lower income households, the assisted housing developments, identified in this paragraph, including, but not limited to, federal Community Development Block Grant Program funds, tax increment funds received by a redevelopment agency of the community, and administrative fees received by a housing authority operating within the community. In considering the use of these financing and subsidy programs, the analysis shall identify the amounts of funds under each available program that have not been legally obligated for other purposes and that could be available for use in preserving assisted housing developments.
(b)(1)A statement of the communitys goals, quantified objectives, and policies relative to affirmatively furthering fair housing and to the maintenance, preservation, improvement, and development of housing.
(2)It is recognized that the total housing needs identified pursuant to subdivision (a) may exceed available resources and the communitys ability to satisfy this need within the content of the general plan requirements outlined in Article 5 (commencing with Section 65300). Under these circumstances, the quantified objectives need not be identical to the total housing needs. The quantified objectives shall establish the maximum number of housing units by income category, including extremely low income, that can be constructed, rehabilitated, and conserved over a five-year time period.
(c)A program that sets forth a schedule of actions during the planning period, each with a timeline for implementation, that may recognize that certain programs are ongoing, such that there will be beneficial impacts of the programs within the planning period, that the local government is undertaking or intends to undertake to implement the policies and achieve the goals and objectives of the housing element through the administration of land use and development controls, the provision of regulatory concessions and incentives, the utilization of appropriate federal and state financing and subsidy programs when available, and the utilization of moneys in a low- and moderate-income housing fund of an agency if the locality has established a redevelopment project area pursuant to the Community Redevelopment Law (Division 24 (commencing with Section 33000) of the Health and Safety Code). In order to make adequate provision for the housing needs of all economic segments of the community, the program shall do all of the following:
(1)Identify actions that will be taken to make sites available during the planning period with appropriate zoning and development standards and with services and facilities to accommodate that portion of the citys or countys share of the regional housing need for each income level that could not be accommodated on sites identified in the inventory completed pursuant to paragraph (3) of subdivision (a) without rezoning, and to comply with the requirements of Section 65584.09. Sites shall be identified as needed to affirmatively further fair housing and to facilitate and encourage the development of a variety of types of housing for all income levels, including multifamily rental housing, factory-built housing, mobilehomes, housing for agricultural employees, supportive housing, single-room occupancy units, emergency shelters, and transitional housing.
(A)Where the inventory of sites, pursuant to paragraph (3) of subdivision (a), does not identify adequate sites to accommodate the need for groups of all household income levels pursuant to Section 65584, rezoning of those sites in a jurisdiction with an eight-year housing element planning period pursuant to Section 65588, including adoption of minimum density and development standards or, for a jurisdiction in the coastal zone, any necessary local coastal program amendments related to land use designations, changes in intensity of land use, zoning ordinances, or zoning district maps, consistent with Sections 30512, 30512.2, 30513, and 30514 of the Public Resources Code, shall be completed no later than three years after either the date the housing element is adopted pursuant to subdivision (f) of Section 65585 or the date that is 90 days after receipt of comments from the department pursuant to subdivision (b) of Section 65585, whichever is earlier, unless the deadline is extended pursuant to subdivision (f). Notwithstanding the foregoing, for a local government that fails to adopt a housing element that the department has found to be in substantial compliance with this article within 120 days of the statutory deadline in Section 65588 for adoption of the housing element, rezoning of those sites, including adoption of minimum density and development standards or, for a jurisdiction in the coastal zone, any necessary local coastal program amendments related to land use designations, changes in intensity of land use, zoning ordinances, or zoning district maps, consistent with Sections 30512, 30512.2, 30513, and 30514 of the Public Resources Code, shall be completed no later than one year from the statutory deadline in Section 65588 for adoption of the housing element.
(B)Where the inventory of sites, pursuant to paragraph (3) of subdivision (a), does not identify adequate sites to accommodate the need for groups of all household income levels pursuant to Section 65584, the program shall identify sites that can be developed for housing within the planning period pursuant to subdivision (h) of Section 65583.2. The identification of sites shall include all components specified in Section 65583.2.
(C)Where the inventory of sites pursuant to paragraph (3) of subdivision (a) does not identify adequate sites to accommodate the need for farmworker housing, the program shall provide for sufficient sites to meet the need with zoning that permits farmworker housing use by right, including density and development standards that could accommodate and facilitate the feasibility of the development of farmworker housing for low- and very low income households.
(2)Assist in the development of adequate housing to meet the needs of extremely low, very low, low-, and moderate-income households.
(3)Address and, where appropriate and legally possible, remove governmental and nongovernmental constraints to the maintenance, improvement, and development of housing, including housing for all income levels and housing for persons with disabilities. The program shall remove constraints to, and provide reasonable accommodations for housing designed for, intended for occupancy by, or with supportive services for, persons with disabilities. Transitional housing and supportive housing shall be considered a residential use of property and shall be subject only to those restrictions that apply to other residential dwellings of the same type in the same zone. Supportive housing, as defined in Section 65650, shall be a use by right in all zones where multifamily and mixed uses are permitted, as provided in Article 11 (commencing with Section 65650).
(4)Conserve and improve the condition of the existing affordable housing stock, which may include addressing ways to mitigate the loss of dwelling units demolished by public or private action.
(5)Promote and affirmatively further fair housing opportunities and promote housing throughout the community or communities for all persons regardless of race, religion, sex, marital status, ancestry, national origin, color, familial status, or disability, and other characteristics protected by the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2), Section 65008, and any other state and federal fair housing and planning law.
(6)Preserve for lower income households the assisted housing developments identified pursuant to paragraph (9) of subdivision (a). The program for preservation of the assisted housing developments shall utilize, to the extent necessary, all available federal, state, and local financing and subsidy programs identified in paragraph (9) of subdivision (a), except where a community has other urgent needs for which alternative funding sources are not available. The program may include strategies that involve local regulation and technical assistance.
(7)Develop a plan that incentivizes and promotes the creation of accessory dwelling units that can be offered at affordable rent, as defined in Section 50053 of the Health and Safety Code, for very low, low-, or moderate-income households. For purposes of this paragraph, accessory dwelling units has the same meaning as accessory dwelling unit as defined in subdivision (a) of Section 66313.
(8)Include an identification of the agencies and officials responsible for the implementation of the various actions and the means by which consistency will be achieved with other general plan elements and community goals.
(9)Include a diligent effort by the local government to achieve public participation of all economic segments of the community in the development of the housing element, and the program shall describe this effort.
(10)(A)Affirmatively further fair housing in accordance with Chapter 15 (commencing with Section 8899.50) of Division 1 of Title 2. The program shall include an assessment of fair housing in the jurisdiction that shall include all of the following components:
(i)A summary of fair housing issues in the jurisdiction and an assessment of the jurisdictions fair housing enforcement and fair housing outreach capacity.
(ii)An analysis of available federal, state, and local data and knowledge to identify integration and segregation patterns and trends, racially or ethnically concentrated areas of poverty and affluence, disparities in access to opportunity, and disproportionate housing needs, including displacement risk. The analysis shall identify and examine such patterns, trends, areas, disparities, and needs, both within the jurisdiction and comparing the jurisdiction to the region in which it is located, based on race and other characteristics protected by the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2) and Section 65008.
(iii)An assessment of the contributing factors, including the local and regional historical origins and current policies and practices, for the fair housing issues identified under clauses (i) and (ii).
(iv)An identification of the jurisdictions fair housing priorities and goals, giving highest priority to those factors identified in clause (iii) that limit or deny fair housing choice or access to opportunity, or negatively impact fair housing or civil rights compliance, and identifying the metrics and milestones for determining what fair housing results will be achieved.
(v)Strategies and actions to implement those priorities and goals, which may include, but are not limited to, enhancing mobility strategies and encouraging development of new affordable housing in areas of opportunity, as well as place-based strategies to encourage community revitalization, including preservation of existing affordable housing, and protecting existing residents from displacement.
(B)A jurisdiction that completes or revises an assessment of fair housing pursuant to Subpart A (commencing with Section 5.150) of Part 5 of Subtitle A of Title 24 of the Code of Federal Regulations, as published in Volume 80 of the Federal Register, Number 136, page 42272, dated July 16, 2015, or an analysis of impediments to fair housing choice in accordance with the requirements of Section 91.225 of Title 24 of the Code of Federal Regulations in effect before August 17, 2015, may incorporate relevant portions of that assessment or revised assessment of fair housing or analysis or revised analysis of impediments to fair housing into its housing element.
(C)The requirements of this paragraph shall apply to housing elements due to be revised pursuant to Section 65588 on or after January 1, 2021.
(d)(1)A local government may satisfy all or part of its requirement to identify a zone or zones suitable for the development of emergency shelters pursuant to paragraph (4) of subdivision (a) by adopting and implementing a multijurisdictional agreement, with a maximum of two other adjacent communities, that requires the participating jurisdictions to develop at least one year-round emergency shelter within two years of the beginning of the planning period.
(2)The agreement shall allocate a portion of the new shelter capacity to each jurisdiction as credit toward its emergency shelter need, and each jurisdiction shall describe how the capacity was allocated as part of its housing element.
(3)Each member jurisdiction of a multijurisdictional agreement shall describe in its housing element all of the following:
(A)How the joint facility will meet the jurisdictions emergency shelter need.
(B)The jurisdictions contribution to the facility for both the development and ongoing operation and management of the facility.
(C)The amount and source of the funding that the jurisdiction contributes to the facility.
(4)The aggregate capacity claimed by the participating jurisdictions in their housing elements shall not exceed the actual capacity of the shelter.
(e)Except as otherwise provided in this article, amendments to this article that alter the required content of a housing element shall apply to both of the following:
(1)A housing element or housing element amendment prepared pursuant to subdivision (e) of Section 65588 or Section 65584.02, when a city, county, or city and county submits a draft to the department for review pursuant to Section 65585 more than 90 days after the effective date of the amendment to this section.
(2)Any housing element or housing element amendment prepared pursuant to subdivision (e) of Section 65588 or Section 65584.02, when the city, county, or city and county fails to submit the first draft to the department before the due date specified in Section 65588 or 65584.02.
(f)The deadline for completing required rezoning pursuant to subparagraph (A) of paragraph (1) of subdivision (c) shall be extended by one year if the local government has completed the rezoning at densities sufficient to accommodate at least 75 percent of the units for low- and very low income households and if the legislative body at the conclusion of a public hearing determines, based upon substantial evidence, that any of the following circumstances exists:
(1)The local government has been unable to complete the rezoning because of the action or inaction beyond the control of the local government of any other state, federal, or local agency.
(2)The local government is unable to complete the rezoning because of infrastructure deficiencies due to fiscal or regulatory constraints.
(3)The local government must undertake a major revision to its general plan in order to accommodate the housing-related policies of a sustainable communities strategy or an alternative planning strategy adopted pursuant to Section 65080.
The resolution and the findings shall be transmitted to the department together with a detailed budget and schedule for preparation and adoption of the required rezonings, including plans for citizen participation and expected interim action. The schedule shall provide for adoption of the required rezoning within one year of the adoption of the resolution.
(g)(1)If a local government fails to complete the rezoning by the deadline provided in subparagraph (A) of paragraph (1) of subdivision (c), as it may be extended pursuant to subdivision (f), except as provided in paragraph (2), a local government may not disapprove a housing development project, nor require a conditional use permit, planned unit development permit, or other locally imposed discretionary permit, or impose a condition that would render the project infeasible, if the housing development project (A) is proposed to be located on a site required to be rezoned pursuant to the program action required by that subparagraph and (B) complies with applicable, objective general plan and zoning standards and criteria, including design review standards, described in the program action required by that subparagraph. Any subdivision of sites shall be subject to the Subdivision Map Act (Division 2 (commencing with Section 66410)). Design review shall not constitute a project for purposes of Division 13 (commencing with Section 21000) of the Public Resources Code.
(2)A local government may disapprove a housing development described in paragraph (1) if it makes written findings supported by substantial 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.
(3)The applicant or any interested person may bring an action to enforce this subdivision. If a court finds that the local agency disapproved a project or conditioned its approval in violation of this subdivision, the court shall issue an order or judgment compelling compliance within 60 days. The court shall retain jurisdiction to ensure that its order or judgment is carried out. If the court determines that its order or judgment has not been carried out within 60 days, the court may issue further orders to ensure that the purposes and policies of this subdivision are fulfilled. In any such action, the city, county, or city and county shall bear the burden of proof.
(4)For purposes of this subdivision, housing development project means a project to construct residential units for which the project developer provides sufficient legal commitments to the appropriate local agency to ensure the continued availability and use of at least 49 percent of the housing units for very low, low-, and moderate-income households with an affordable housing cost or affordable rent, as defined in Section 50052.5 or 50053 of the Health and Safety Code, respectively, for the period required by the applicable financing.
(h)An action to enforce the program actions of the housing element shall be brought pursuant to Section 1085 of the Code of Civil Procedure.
(i)Notwithstanding any other law, the otherwise applicable timeframe set forth in paragraph (2) of subdivision (b) and subdivision (d) of Section 21080.3.1 of the Public Resources Code, and paragraph (3) of subdivision (d) of Section 21082.3 of the Public Resources Code, for a Native American tribe to respond to a lead agency and request consultation in writing is extended by 30 days for any housing development project application determined or deemed to be complete on or after March 4, 2020, and prior to December 31, 2021.
(j)On or after January 1, 2024, at the discretion of the department, the analysis of government constraints pursuant to paragraph (5) of subdivision (a) may include an analysis of constraints upon the maintenance, improvement, or development of housing for persons with a characteristic identified in subdivision (b) of Section 51 of the Civil Code. The implementation of this subdivision is contingent upon an appropriation by the Legislature in the annual Budget Act or another statute for this purpose.
SEC. 2.Section 30603 of the Public Resources Code is amended to read:30603.(a)After certification of its local coastal program, an action taken by a local government on a coastal development permit application may be appealed to the commission for only the following types of developments:
(1)Developments approved by the local government between the sea and the first public road paralleling the sea or within 300 feet of the inland extent of any beach or of the mean high tideline of the sea where there is no beach, whichever is the greater distance.
(2)Developments approved by the local government not included within paragraph (1) that are located on tidelands, submerged lands, public trust lands, within 100 feet of any wetland, estuary, or stream, or within 300 feet of the top of the seaward face of any coastal bluff.
(3)Developments approved by the local government not included within paragraph (1) or (2) that are located in a sensitive coastal resource area.
(4)(A)Any development approved by a coastal county that is not designated as the principal permitted use under the zoning ordinance or zoning district map approved pursuant to Chapter 6 (commencing with Section 30500).
(B)For purposes of this paragraph, coastal county shall not include a local government that is both a city and county.
(5)Any development that constitutes a major public works project or a major energy facility.
(b)(1)The grounds for an appeal pursuant to subdivision (a) shall be limited to an allegation that the development does not conform to the standards set forth in the certified local coastal program or the public access policies set forth in this division.
(2)The grounds for an appeal of a denial of a permit pursuant to paragraph (5) of subdivision (a) shall be limited to an allegation that the development conforms to the standards set forth in the certified local coastal program and the public access policies set forth in this division.
(c)An action described in subdivision (a) shall become final at the close of business on the 10th working day from the date of receipt by the commission of the notice of the local governments final action, unless an appeal is submitted within that time. Regardless of whether an appeal is submitted, the local governments action shall become final if an appeal fee is imposed pursuant to subdivision (d) of Section 30620 and is not deposited with the commission within the time prescribed.
(d)(1)A local government taking an action on a coastal development permit shall send notification of its final action to the commission by certified mail, or by electronic mail pursuant to paragraph (2), within seven calendar days from the date of taking the action.
(2)(A)In order for a local government to notify the commission via electronic mail of an action on a coastal development permit, the notification shall be sent from a verifiable local government electronic mail account, and shall be received in the electronic mailbox designated by the commission on its internet website for receipt of that notification.
(B)For the purposes of determining the 10th working day from the date of receipt of notice by the commission under subdivision (c), notice received by the commission by electronic mail after the close of business shall be considered received on the next working day.
SEC. 3.The Legislature finds and declares that Section 1 of this act amending Section 65583 of the Government Code addresses a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 1 of this act applies to all cities, including charter cities.SEC. 3.The Legislature finds and declares that the provision of adequate housing, in light of the severe shortage of housing at all income levels in this state, is a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 1 of this act amending Section 65583 of the Government Code applies to all cities, including charter cities.
SEC. 4.With respect to Section 2 of this act, the Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the special circumstances of certain coastal areas of the state that are both a city and a county.
SEC. 5.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.
The housing element shall consist of an identification and analysis of existing and projected housing needs and a statement of goals, policies, quantified objectives, financial resources, and scheduled programs for the preservation, improvement, and development of housing. The housing element shall identify adequate sites for housing, including rental housing, factory-built housing, mobilehomes, and emergency shelters, and shall make adequate provision for the existing and projected needs of all economic segments of the community. The element shall contain all of the following:
(a)An assessment of housing needs and an inventory of resources and constraints relevant to the meeting of these needs. The assessment and inventory shall include all of the following:
(1)An analysis of population and employment trends and documentation of projections and a quantification of the localitys existing and projected housing needs for all income levels, including extremely low income households, as defined in subdivision (b) of Section 50105 and Section 50106 of the Health and Safety Code. These existing and projected needs shall include the localitys share of the regional housing need in accordance with Section 65584. Local agencies shall calculate the subset of very low income households allotted under Section 65584 that qualify as extremely low income households. The local agency may either use available census data to calculate the percentage of very low income households that qualify as extremely low income households or presume that 50 percent of the very low income households qualify as extremely low income households. The number of extremely low income households and very low income households shall equal the jurisdictions allocation of very low income households pursuant to Section 65584.
(2)An analysis and documentation of household characteristics, including level of payment compared to ability to pay, housing characteristics, including overcrowding, and housing stock condition.
(3)An inventory of land suitable and available for residential development, including vacant sites and sites having realistic and demonstrated potential for redevelopment during the planning period to meet the localitys housing need for a designated income level, and an analysis of the relationship of zoning and public facilities and services to these sites, and an analysis of the relationship of the sites identified in the land inventory to the jurisdictions duty to affirmatively further fair housing.
(4)(A)The identification of one or more zoning designations that allow residential uses, including mixed uses, where emergency shelters are allowed as a permitted use without a conditional use or other discretionary permit and that are suitable for residential uses. The identified zoning designations shall include sufficient sites meeting the requirements of subparagraph (H) with sufficient capacity, as described in subparagraph (I), to accommodate the need for emergency shelter identified in paragraph (7), except that each local government shall identify a zoning designation or designations that can accommodate at least one year-round emergency shelter. If the local government cannot identify a zoning designation or designations with sufficient capacity, the local government shall include a program to amend its zoning ordinance to meet the requirements of this paragraph within one year of the adoption of the housing element. The local government may identify additional zoning designations where emergency shelters are permitted with a conditional use permit. The local government shall also demonstrate that existing or proposed permit processing, development, and management standards that apply to emergency shelters are objective and encourage and facilitate the development of, or conversion to, emergency shelters.
(B)Emergency shelters shall only be subject to the following written, objective standards:
(i)The maximum number of beds or persons permitted to be served nightly by the facility.
(ii)Sufficient parking to accommodate all staff working in the emergency shelter, provided that the standards do not require more parking for emergency shelters than other residential or commercial uses within the same zone.
(iii)The size and location of exterior and interior onsite waiting and client intake areas.
(iv)The provision of onsite management.
(v)The proximity to other emergency shelters, provided that emergency shelters are not required to be more than 300 feet apart.
(vi)The length of stay.
(vii)Lighting.
(viii)Security during hours that the emergency shelter is in operation.
(C)For purposes of this paragraph, emergency shelter shall include other interim interventions, including, but not limited to, a navigation center, bridge housing, and respite or recuperative care.
(D)The permit processing, development, and management standards applied under this paragraph shall not be deemed to be discretionary acts within the meaning of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).
(E)If a local government has adopted written, objective standards pursuant to subparagraph (B), the local government shall include an analysis of the standards in the analysis of constraints pursuant to paragraph (5).
(F)A local government that can demonstrate, to the satisfaction of the department, the existence of one or more emergency shelters either within its jurisdiction or pursuant to a multijurisdictional agreement that can accommodate that jurisdictions need and the needs of the other jurisdictions that are a part of the agreement for emergency shelter identified in paragraph (7) may comply with the zoning requirements of subparagraph (A) by identifying a zoning designation where new emergency shelters are allowed with a conditional use permit.
(G)A local government with an existing ordinance or ordinances that comply with this paragraph shall not be required to take additional action to identify zoning designations for emergency shelters. The housing element must only describe how existing ordinances, policies, and standards are consistent with the requirements of this paragraph.
(H)The zoning designation or designations where emergency shelters are allowed, as described in subparagraph (A), shall include sites that meet at least one of the following standards:
(i)Vacant sites zoned for residential use.
(ii)Vacant sites zoned for nonresidential use that allow residential development, if the local government can demonstrate how the sites with this zoning designation that are being used to satisfy the requirements of paragraph (1) are located near amenities and services that serve people experiencing homelessness, which may include, include health care, transportation, retail, employment, and social services, or that the local government will provide free transportation to services or offer services onsite.
(iii)Nonvacant sites zoned for residential use or for nonresidential use that allow residential development that are suitable for use as a shelter in the current planning period, or which can be redeveloped for use as a shelter in the current planning period. A nonvacant site with an existing use shall be presumed to impede emergency shelter development absent an analysis based on substantial evidence that the use is likely to be discontinued during the planning period. The analysis shall consider current market demand for the current uses, market conditions, and incentives or standards to encourage shelter development.
(I)The zoning designation or designations shall have sufficient sites meeting the requirements of subparagraph (H) to accommodate the need for shelters identified pursuant to paragraph (7). The number of people experiencing homelessness that can be accommodated on any site shall be demonstrated by dividing the square footage of the site by a minimum of 200 square feet per person, unless the locality can demonstrate that one or more shelters were developed on sites that have fewer square feet per person during the prior planning period or the locality provides similar evidence to the department demonstrating that the site can accommodate more people experiencing homelessness. Any standard applied pursuant to this subparagraph is intended only for calculating site capacity pursuant to this section, and shall not be constructed construed as establishing a development standard applicable to the siting, development, or approval of a shelter.
(J)Notwithstanding subparagraph (H), a local government may accommodate the need for emergency shelters identified pursuant to paragraph (7) on sites owned by the local government if it demonstrates with substantial evidence that the sites will be made available for emergency shelter during the planning period, they are suitable for residential use, and the sites are located near amenities and services that serve people experiencing homelessness, which may include health care, transportation, retail, employment, and social services, or that the local government will provide free transportation to services or offer services onsite.
(5)An analysis of potential and actual governmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the types of housing identified in paragraph (1) of subdivision (c), and for persons with disabilities as identified in the analysis pursuant to paragraph (7), including land use controls, building codes and their enforcement, site improvements, fees and other exactions required of developers, local processing and permit procedures, and any locally adopted ordinances that directly impact the cost and supply of residential development. The analysis shall also demonstrate local efforts to remove governmental constraints that hinder the locality from meeting its share of the regional housing need in accordance with Section 65584 and from meeting the need for housing for persons with disabilities, supportive housing, transitional housing, and emergency shelters identified pursuant to paragraph (7).
(6)An analysis of potential and actual nongovernmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the availability of financing, the price of land, the cost of construction, the requests to develop housing at densities below those anticipated in the analysis required by subdivision (c) of Section 65583.2, and the length of time between receiving approval for a housing development and submittal of an application for building permits for that housing development that hinder the construction of a localitys share of the regional housing need in accordance with Section 65584. The analysis shall also demonstrate local efforts to remove nongovernmental constraints that create a gap between the localitys planning for the development of housing for all income levels and the construction of that housing.
(7)An analysis of any special housing needs, such as those of the elderly; persons with disabilities, including a developmental disability, as defined in Section 4512 of the Welfare and Institutions Code; large families; farmworkers; families with female heads of households; and families and persons in need of emergency shelter. The need for emergency shelter shall be assessed based on the capacity necessary to accommodate the most recent homeless point-in-time count conducted before the start of the planning period, the need for emergency shelter based on number of beds available on a year-round and seasonal basis, the number of shelter beds that go unused on an average monthly basis within a one-year period, and the percentage of those in emergency shelters that move to permanent housing solutions. The need for emergency shelter may be reduced by the number of supportive housing units that are identified in an adopted 10-year plan to end chronic homelessness and that are either vacant or for which funding has been identified to allow construction during the planning period. An analysis of special housing needs by a city or county may include an analysis of the need for frequent user coordinated care housing services.
(8)An analysis of opportunities for energy conservation with respect to residential development. Cities and counties are encouraged to include weatherization and energy efficiency improvements as part of publicly subsidized housing rehabilitation projects. This may include energy efficiency measures that encompass the building envelope, its heating and cooling systems, and its electrical system.
(9)An analysis of existing assisted housing developments that are eligible to change from low-income housing uses during the next 10 years due to termination of subsidy contracts, mortgage prepayment, or expiration of restrictions on use. Assisted housing developments, for the purpose of this section, shall mean multifamily rental housing that receives governmental assistance under federal programs listed in subdivision (a) of Section 65863.10, state and local multifamily revenue bond programs, local redevelopment programs, the federal Community Development Block Grant Program, or local in-lieu fees. Assisted housing developments shall also include multifamily rental units that were developed pursuant to a local inclusionary housing program or used to qualify for a density bonus pursuant to Section 65916.
(A)The analysis shall include a listing of each development by project name and address, the type of governmental assistance received, the earliest possible date of change from low-income use, and the total number of elderly and nonelderly units that could be lost from the localitys low-income housing stock in each year during the 10-year period. For purposes of state and federally funded projects, the analysis required by this subparagraph need only contain information available on a statewide basis.
(B)The analysis shall estimate the total cost of producing new rental housing that is comparable in size and rent levels, to replace the units that could change from low-income use, and an estimated cost of preserving the assisted housing developments. This cost analysis for replacement housing may be done aggregately for each five-year period and does not have to contain a project-by-project cost estimate.
(C)The analysis shall identify public and private nonprofit corporations known to the local government that have legal and managerial capacity to acquire and manage these housing developments.
(D)The analysis shall identify and consider the use of all federal, state, and local financing and subsidy programs that can be used to preserve, for lower income households, the assisted housing developments, identified in this paragraph, including, but not limited to, federal Community Development Block Grant Program funds, tax increment funds received by a redevelopment agency of the community, and administrative fees received by a housing authority operating within the community. In considering the use of these financing and subsidy programs, the analysis shall identify the amounts of funds under each available program that have not been legally obligated for other purposes and that could be available for use in preserving assisted housing developments.
(b)(1)A statement of the communitys goals, quantified objectives, and policies relative to affirmatively furthering fair housing and to the maintenance, preservation, improvement, and development of housing.
(2)It is recognized that the total housing needs identified pursuant to subdivision (a) may exceed available resources and the communitys ability to satisfy this need within the content of the general plan requirements outlined in Article 5 (commencing with Section 65300). Under these circumstances, the quantified objectives need not be identical to the total housing needs. The quantified objectives shall establish the maximum number of housing units by income category, including extremely low income, that can be constructed, rehabilitated, and conserved over a five-year time period.
(c)A program that sets forth a schedule of actions during the planning period, each with a timeline for implementation, that may recognize that certain programs are ongoing, such that there will be beneficial impacts of the programs within the planning period, that the local government is undertaking or intends to undertake to implement the policies and achieve the goals and objectives of the housing element through the administration of land use and development controls, the provision of regulatory concessions and incentives, the utilization of appropriate federal and state financing and subsidy programs when available, and the utilization of moneys in a low- and moderate-income housing fund of an agency if the locality has established a redevelopment project area pursuant to the Community Redevelopment Law (Division 24 (commencing with Section 33000) of the Health and Safety Code). In order to make adequate provision for the housing needs of all economic segments of the community, the program shall do all of the following:
(1)Identify actions that will be taken to make sites available during the planning period with appropriate zoning and development standards and with services and facilities to accommodate that portion of the citys or countys share of the regional housing need for each income level that could not be accommodated on sites identified in the inventory completed pursuant to paragraph (3) of subdivision (a) without rezoning, and to comply with the requirements of Section 65584.09. Sites shall be identified as needed to affirmatively further fair housing and to facilitate and encourage the development of a variety of types of housing for all income levels, including multifamily rental housing, factory-built housing, mobilehomes, housing for agricultural employees, supportive housing, single-room occupancy units, emergency shelters, and transitional housing.
(A)Where the inventory of sites, pursuant to paragraph (3) of subdivision (a), does not identify adequate sites to accommodate the need for groups of all household income levels pursuant to Section 65584, rezoning of those sites in a jurisdiction with an eight-year housing element planning period pursuant to Section 65588, including adoption of minimum density and development standards or, for a jurisdiction in the coastal zone, any necessary local coastal program amendments related to land use designations, changes in intensity of land use, zoning ordinances, or zoning district maps, consistent with Sections 30512, 30512.2, 30513, and 30514 of the Public Resources Code, shall be completed no later than three years after either the date the housing element is adopted pursuant to subdivision (f) of Section 65585 or the date that is 90 days after receipt of comments from the department pursuant to subdivision (b) of Section 65585, whichever is earlier, unless the deadline is extended pursuant to subdivision (f). Notwithstanding the foregoing, for a local government that fails to adopt a housing element that the department has found to be in substantial compliance with this article within 120 days of the statutory deadline in Section 65588 for adoption of the housing element, rezoning of those sites, including adoption of minimum density and development standards or, for a jurisdiction in the coastal zone, any necessary local coastal program amendments related to land use designations, changes in intensity of land use, zoning ordinances, or zoning district maps, consistent with Sections 30512, 30512.2, 30513, and 30514 of the Public Resources Code, shall be completed no later than one year from the statutory deadline in Section 65588 for adoption of the housing element.
(B)Where the inventory of sites, pursuant to paragraph (3) of subdivision (a), does not identify adequate sites to accommodate the need for groups of all household income levels pursuant to Section 65584, the program shall identify sites that can be developed for housing within the planning period pursuant to subdivision (h) of Section 65583.2. The identification of sites shall include all components specified in Section 65583.2.
(C)Where the inventory of sites pursuant to paragraph (3) of subdivision (a) does not identify adequate sites to accommodate the need for farmworker housing, the program shall provide for sufficient sites to meet the need with zoning that permits farmworker housing use by right, including density and development standards that could accommodate and facilitate the feasibility of the development of farmworker housing for low- and very low income households.
(2)Assist in the development of adequate housing to meet the needs of extremely low, very low, low-, and moderate-income households.
(3)Address and, where appropriate and legally possible, remove governmental and nongovernmental constraints to the maintenance, improvement, and development of housing, including housing for all income levels and housing for persons with disabilities. The program shall remove constraints to, and provide reasonable accommodations for housing designed for, intended for occupancy by, or with supportive services for, persons with disabilities. Transitional housing and supportive housing shall be considered a residential use of property and shall be subject only to those restrictions that apply to other residential dwellings of the same type in the same zone. Supportive housing, as defined in Section 65650, shall be a use by right in all zones where multifamily and mixed uses are permitted, as provided in Article 11 (commencing with Section 65650).
(4)Conserve and improve the condition of the existing affordable housing stock, which may include addressing ways to mitigate the loss of dwelling units demolished by public or private action.
(5)Promote and affirmatively further fair housing opportunities and promote housing throughout the community or communities for all persons regardless of race, religion, sex, marital status, ancestry, national origin, color, familial status, or disability, and other characteristics protected by the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2), Section 65008, and any other state and federal fair housing and planning law.
(6)Preserve for lower income households the assisted housing developments identified pursuant to paragraph (9) of subdivision (a). The program for preservation of the assisted housing developments shall utilize, to the extent necessary, all available federal, state, and local financing and subsidy programs identified in paragraph (9) of subdivision (a), except where a community has other urgent needs for which alternative funding sources are not available. The program may include strategies that involve local regulation and technical assistance.
(7)Develop a plan that incentivizes and promotes the creation of accessory dwelling units that can be offered at affordable rent, as defined in Section 50053 of the Health and Safety Code, for very low, low-, or moderate-income households. For purposes of this paragraph, accessory dwelling units has the same meaning as accessory dwelling unit as defined in subdivision (a) of Section 66313.
(8)Include an identification of the agencies and officials responsible for the implementation of the various actions and the means by which consistency will be achieved with other general plan elements and community goals.
(9)Include a diligent effort by the local government to achieve public participation of all economic segments of the community in the development of the housing element, and the program shall describe this effort.
(10)(A)Affirmatively further fair housing in accordance with Chapter 15 (commencing with Section 8899.50) of Division 1 of Title 2. The program shall include an assessment of fair housing in the jurisdiction that shall include all of the following components:
(i)A summary of fair housing issues in the jurisdiction and an assessment of the jurisdictions fair housing enforcement and fair housing outreach capacity.
(ii)An analysis of available federal, state, and local data and knowledge to identify integration and segregation patterns and trends, racially or ethnically concentrated areas of poverty and affluence, disparities in access to opportunity, and disproportionate housing needs, including displacement risk. The analysis shall identify and examine such patterns, trends, areas, disparities, and needs, both within the jurisdiction and comparing the jurisdiction to the region in which it is located, based on race and other characteristics protected by the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2) and Section 65008.
(iii)An assessment of the contributing factors, including the local and regional historical origins and current policies and practices, for the fair housing issues identified under clauses (i) and (ii).
(iv)An identification of the jurisdictions fair housing priorities and goals, giving highest priority to those factors identified in clause (iii) that limit or deny fair housing choice or access to opportunity, or negatively impact fair housing or civil rights compliance, and identifying the metrics and milestones for determining what fair housing results will be achieved.
(v)Strategies and actions to implement those priorities and goals, which may include, but are not limited to, enhancing mobility strategies and encouraging development of new affordable housing in areas of opportunity, as well as place-based strategies to encourage community revitalization, including preservation of existing affordable housing, and protecting existing residents from displacement.
(B)A jurisdiction that completes or revises an assessment of fair housing pursuant to Subpart A (commencing with Section 5.150) of Part 5 of Subtitle A of Title 24 of the Code of Federal Regulations, as published in Volume 80 of the Federal Register, Number 136, page 42272, dated July 16, 2015, or an analysis of impediments to fair housing choice in accordance with the requirements of Section 91.225 of Title 24 of the Code of Federal Regulations in effect before August 17, 2015, may incorporate relevant portions of that assessment or revised assessment of fair housing or analysis or revised analysis of impediments to fair housing into its housing element.
(C)The requirements of this paragraph shall apply to housing elements due to be revised pursuant to Section 65588 on or after January 1, 2021.
(d)(1)A local government may satisfy all or part of its requirement to identify a zone or zones suitable for the development of emergency shelters pursuant to paragraph (4) of subdivision (a) by adopting and implementing a multijurisdictional agreement, with a maximum of two other adjacent communities, that requires the participating jurisdictions to develop at least one year-round emergency shelter within two years of the beginning of the planning period.
(2)The agreement shall allocate a portion of the new shelter capacity to each jurisdiction as credit toward its emergency shelter need, and each jurisdiction shall describe how the capacity was allocated as part of its housing element.
(3)Each member jurisdiction of a multijurisdictional agreement shall describe in its housing element all of the following:
(A)How the joint facility will meet the jurisdictions emergency shelter need.
(B)The jurisdictions contribution to the facility for both the development and ongoing operation and management of the facility.
(C)The amount and source of the funding that the jurisdiction contributes to the facility.
(4)The aggregate capacity claimed by the participating jurisdictions in their housing elements shall not exceed the actual capacity of the shelter.
(e)Except as otherwise provided in this article, amendments to this article that alter the required content of a housing element shall apply to both of the following:
(1)A housing element or housing element amendment prepared pursuant to subdivision (e) of Section 65588 or Section 65584.02, when a city, county, or city and county submits a draft to the department for review pursuant to Section 65585 more than 90 days after the effective date of the amendment to this section.
(2)Any housing element or housing element amendment prepared pursuant to subdivision (e) of Section 65588 or Section 65584.02, when the city, county, or city and county fails to submit the first draft to the department before the due date specified in Section 65588 or 65584.02.
(f)The deadline for completing required rezoning pursuant to subparagraph (A) of paragraph (1) of subdivision (c) shall be extended by one year if the local government has completed the rezoning at densities sufficient to accommodate at least 75 percent of the units for low- and very low income households and if the legislative body at the conclusion of a public hearing determines, based upon substantial evidence, that any of the following circumstances exist: exists:
(1)The local government has been unable to complete the rezoning because of the action or inaction beyond the control of the local government of any other state, federal, or local agency.
(2)The local government is unable to complete the rezoning because of infrastructure deficiencies due to fiscal or regulatory constraints.
(3)The local government must undertake a major revision to its general plan in order to accommodate the housing-related policies of a sustainable communities strategy or an alternative planning strategy adopted pursuant to Section 65080.
The resolution and the findings shall be transmitted to the department together with a detailed budget and schedule for preparation and adoption of the required rezonings, including plans for citizen participation and expected interim action. The schedule shall provide for adoption of the required rezoning within one year of the adoption of the resolution.
(g)(1)If a local government fails to complete the rezoning by the deadline provided in subparagraph (A) of paragraph (1) of subdivision (c), as it may be extended pursuant to subdivision (f), except as provided in paragraph (2), a local government may not disapprove a housing development project, nor require a conditional use permit, planned unit development permit, or other locally imposed discretionary permit, or impose a condition that would render the project infeasible, if the housing development project (A) is proposed to be located on a site required to be rezoned pursuant to the program action required by that subparagraph and (B) complies with applicable, objective general plan and zoning standards and criteria, including design review standards, described in the program action required by that subparagraph. Any subdivision of sites shall be subject to the Subdivision Map Act (Division 2 (commencing with Section 66410)). Design review shall not constitute a project for purposes of Division 13 (commencing with Section 21000) of the Public Resources Code.
(2)A local government may disapprove a housing development described in paragraph (1) if it makes written findings supported by substantial 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.
(3)The applicant or any interested person may bring an action to enforce this subdivision. If a court finds that the local agency disapproved a project or conditioned its approval in violation of this subdivision, the court shall issue an order or judgment compelling compliance within 60 days. The court shall retain jurisdiction to ensure that its order or judgment is carried out. If the court determines that its order or judgment has not been carried out within 60 days, the court may issue further orders to ensure that the purposes and policies of this subdivision are fulfilled. In any such action, the city, county, or city and county shall bear the burden of proof.
(4)For purposes of this subdivision, housing development project means a project to construct residential units for which the project developer provides sufficient legal commitments to the appropriate local agency to ensure the continued availability and use of at least 49 percent of the housing units for very low, low-, and moderate-income households with an affordable housing cost or affordable rent, as defined in Section 50052.5 or 50053 of the Health and Safety Code, respectively, for the period required by the applicable financing.
(h)An action to enforce the program actions of the housing element shall be brought pursuant to Section 1085 of the Code of Civil Procedure.
(i)Notwithstanding any other law, the otherwise applicable timeframe set forth in paragraph (2) of subdivision (b) and subdivision (d) of Section 21080.3.1 of the Public Resources Code, and paragraph (3) of subdivision (d) of Section 21082.3 of the Public Resources Code, for a Native American tribe to respond to a lead agency and request consultation in writing is extended by 30 days for any housing development project application determined or deemed to be complete on or after March 4, 2020, and prior to December 31, 2021.
(j)On or after January 1, 2024, at the discretion of the department, the analysis of government constraints pursuant to paragraph (5) of subdivision (a) may include an analysis of constraints upon the maintenance, improvement, or development of housing for persons with a characteristic identified in subdivision (b) of Section 51 of the Civil Code. The implementation of this subdivision is contingent upon an appropriation by the Legislature in the annual Budget Act or another statute for this purpose.
SEC. 2.Section 30603 of the Public Resources Code is amended to read:30603.(a)After certification of its local coastal program, an action taken by a local government on a coastal development permit application may be appealed to the commission for only the following types of developments:
(1)Developments approved by the local government between the sea and the first public road paralleling the sea or within 300 feet of the inland extent of any beach or of the mean high tideline of the sea where there is no beach, whichever is the greater distance.
(2)Developments approved by the local government not included within paragraph (1) that are located on tidelands, submerged lands, public trust lands, within 100 feet of any wetland, estuary, or stream, or within 300 feet of the top of the seaward face of any coastal bluff.
(3)Developments approved by the local government not included within paragraph (1) or (2) that are located in a sensitive coastal resource area.
(4)(A)Any development approved by a coastal county that is not designated as the principal permitted use under the zoning ordinance or zoning district map approved pursuant to Chapter 6 (commencing with Section 30500).
(B)For purposes of this paragraph, coastal county shall not include a local government that is both a city and county.
(5)Any development that constitutes a major public works project or a major energy facility.
(b)(1)The grounds for an appeal pursuant to subdivision (a) shall be limited to an allegation that the development does not conform to the standards set forth in the certified local coastal program or the public access policies set forth in this division.
(2)The grounds for an appeal of a denial of a permit pursuant to paragraph (5) of subdivision (a) shall be limited to an allegation that the development conforms to the standards set forth in the certified local coastal program and the public access policies set forth in this division.
(c)An action described in subdivision (a) shall become final at the close of business on the 10th working day from the date of receipt by the commission of the notice of the local governments final action, unless an appeal is submitted within that time. Regardless of whether an appeal is submitted, the local governments action shall become final if an appeal fee is imposed pursuant to subdivision (d) of Section 30620 and is not deposited with the commission within the time prescribed.
(d)(1)A local government taking an action on a coastal development permit shall send notification of its final action to the commission by certified mail or email mail, or by electronic mail pursuant to paragraph (2), within seven calendar days from the date of taking the action.
(2)(A)In order for a local government to notify the commission via electronic mail of an action on a coastal development permit, the notification shall be sent from a verifiable local government electronic mail account, and shall be received in the electronic mailbox designated by the commission on its internet website for receipt of that notification.
(B)For the purposes of determining the 10th working day from the date of receipt of notice by the commission under subdivision (c), notice received by the commission by electronic mail after the close of business shall be considered received on the next working day.
SEC. 3.The Legislature finds and declares that Section 1 of this act amending Section 65583 of the Government Code addresses a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 1 of this act applies to all cities, including charter cities.
SEC. 4.With respect to Section 2 of this act, the Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the special circumstances of certain coastal areas of the state that are both a city and a county.
SEC. 5.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.
The housing element shall consist of an identification and analysis of existing and projected housing needs and a statement of goals, policies, quantified objectives, financial resources, and scheduled programs for the preservation, improvement, and development of housing. The housing element shall identify adequate sites for housing, including rental housing, factory-built housing, mobilehomes, and emergency shelters, and shall make adequate provision for the existing and projected needs of all economic segments of the community. The element shall contain all of the following:
(a)An assessment of housing needs and an inventory of resources and constraints relevant to the meeting of these needs. The assessment and inventory shall include all of the following:
(1)An analysis of population and employment trends and documentation of projections and a quantification of the localitys existing and projected housing needs for all income levels, including extremely low income households, as defined in subdivision (b) of Section 50105 and Section 50106 of the Health and Safety Code. These existing and projected needs shall include the localitys share of the regional housing need in accordance with Section 65584. Local agencies shall calculate the subset of very low income households allotted under Section 65584 that qualify as extremely low income households. The local agency may either use available census data to calculate the percentage of very low income households that qualify as extremely low income households or presume that 50 percent of the very low income households qualify as extremely low income households. The number of extremely low income households and very low income households shall equal the jurisdictions allocation of very low income households pursuant to Section 65584.
(2)An analysis and documentation of household characteristics, including level of payment compared to ability to pay, housing characteristics, including overcrowding, and housing stock condition.
(3)An inventory of land suitable and available for residential development, including vacant sites and sites having realistic and demonstrated potential for redevelopment during the planning period to meet the localitys housing need for a designated income level, and an analysis of the relationship of zoning and public facilities and services to these sites, and an analysis of the relationship of the sites identified in the land inventory to the jurisdictions duty to affirmatively further fair housing.
(4)(A)The identification of one or more zoning designations that allow residential uses, including mixed uses, where emergency shelters are allowed as a permitted use without a conditional use or other discretionary permit and that are suitable for residential uses. The identified zoning designations shall include sufficient sites meeting the requirements of subparagraph (H) with sufficient capacity, as described in subparagraph (I), to accommodate the need for emergency shelter identified in paragraph (7), except that each local government shall identify a zoning designation or designations that can accommodate at least one year-round emergency shelter. If the local government cannot identify a zoning designation or designations with sufficient capacity, the local government shall include a program to amend its zoning ordinance to meet the requirements of this paragraph within one year of the adoption of the housing element. The local government may identify additional zoning designations where emergency shelters are permitted with a conditional use permit. The local government shall also demonstrate that existing or proposed permit processing, development, and management standards that apply to emergency shelters are objective and encourage and facilitate the development of, or conversion to, emergency shelters.
(B)Emergency shelters shall only be subject to the following written, objective standards:
(i)The maximum number of beds or persons permitted to be served nightly by the facility.
(ii)Sufficient parking to accommodate all staff working in the emergency shelter, provided that the standards do not require more parking for emergency shelters than other residential or commercial uses within the same zone.
(iii)The size and location of exterior and interior onsite waiting and client intake areas.
(iv)The provision of onsite management.
(v)The proximity to other emergency shelters, provided that emergency shelters are not required to be more than 300 feet apart.
(vi)The length of stay.
(vii)Lighting.
(viii)Security during hours that the emergency shelter is in operation.
(C)For purposes of this paragraph, emergency shelter shall include other interim interventions, including, but not limited to, a navigation center, bridge housing, and respite or recuperative care.
(D)The permit processing, development, and management standards applied under this paragraph shall not be deemed to be discretionary acts within the meaning of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).
(E)If a local government has adopted written, objective standards pursuant to subparagraph (B), the local government shall include an analysis of the standards in the analysis of constraints pursuant to paragraph (5).
(F)A local government that can demonstrate, to the satisfaction of the department, the existence of one or more emergency shelters either within its jurisdiction or pursuant to a multijurisdictional agreement that can accommodate that jurisdictions need and the needs of the other jurisdictions that are a part of the agreement for emergency shelter identified in paragraph (7) may comply with the zoning requirements of subparagraph (A) by identifying a zoning designation where new emergency shelters are allowed with a conditional use permit.
(G)A local government with an existing ordinance or ordinances that comply with this paragraph shall not be required to take additional action to identify zoning designations for emergency shelters. The housing element must only describe how existing ordinances, policies, and standards are consistent with the requirements of this paragraph.
(H)The zoning designation or designations where emergency shelters are allowed, as described in subparagraph (A), shall include sites that meet at least one of the following standards:
(i)Vacant sites zoned for residential use.
(ii)Vacant sites zoned for nonresidential use that allow residential development, if the local government can demonstrate how the sites with this zoning designation that are being used to satisfy the requirements of paragraph (1) are located near amenities and services that serve people experiencing homelessness, which may include, health care, transportation, retail, employment, and social services, or that the local government will provide free transportation to services or offer services onsite.
(iii)Nonvacant sites zoned for residential use or for nonresidential use that allow residential development that are suitable for use as a shelter in the current planning period, or which can be redeveloped for use as a shelter in the current planning period. A nonvacant site with an existing use shall be presumed to impede emergency shelter development absent an analysis based on substantial evidence that the use is likely to be discontinued during the planning period. The analysis shall consider current market demand for the current uses, market conditions, and incentives or standards to encourage shelter development.
(I)The zoning designation or designations shall have sufficient sites meeting the requirements of subparagraph (H) to accommodate the need for shelters identified pursuant to paragraph (7). The number of people experiencing homelessness that can be accommodated on any site shall be demonstrated by dividing the square footage of the site by a minimum of 200 square feet per person, unless the locality can demonstrate that one or more shelters were developed on sites that have fewer square feet per person during the prior planning period or the locality provides similar evidence to the department demonstrating that the site can accommodate more people experiencing homelessness. Any standard applied pursuant to this subparagraph is intended only for calculating site capacity pursuant to this section, and shall not be constructed as establishing a development standard applicable to the siting, development, or approval of a shelter.
(J)Notwithstanding subparagraph (H), a local government may accommodate the need for emergency shelters identified pursuant to paragraph (7) on sites owned by the local government if it demonstrates with substantial evidence that the sites will be made available for emergency shelter during the planning period, they are suitable for residential use, and the sites are located near amenities and services that serve people experiencing homelessness, which may include health care, transportation, retail, employment, and social services, or that the local government will provide free transportation to services or offer services onsite.
(5)An analysis of potential and actual governmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the types of housing identified in paragraph (1) of subdivision (c), and for persons with disabilities as identified in the analysis pursuant to paragraph (7), including land use controls, building codes and their enforcement, site improvements, fees and other exactions required of developers, local processing and permit procedures, and any locally adopted ordinances that directly impact the cost and supply of residential development. The analysis shall also demonstrate local efforts to remove governmental constraints that hinder the locality from meeting its share of the regional housing need in accordance with Section 65584 and from meeting the need for housing for persons with disabilities, supportive housing, transitional housing, and emergency shelters identified pursuant to paragraph (7).
(6)An analysis of potential and actual nongovernmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the availability of financing, the price of land, the cost of construction, the requests to develop housing at densities below those anticipated in the analysis required by subdivision (c) of Section 65583.2, and the length of time between receiving approval for a housing development and submittal of an application for building permits for that housing development that hinder the construction of a localitys share of the regional housing need in accordance with Section 65584. The analysis shall also demonstrate local efforts to remove nongovernmental constraints that create a gap between the localitys planning for the development of housing for all income levels and the construction of that housing.
(7)An analysis of any special housing needs, such as those of the elderly; persons with disabilities, including a developmental disability, as defined in Section 4512 of the Welfare and Institutions Code; large families; farmworkers; families with female heads of households; and families and persons in need of emergency shelter. The need for emergency shelter shall be assessed based on the capacity necessary to accommodate the most recent homeless point-in-time count conducted before the start of the planning period, the need for emergency shelter based on number of beds available on a year-round and seasonal basis, the number of shelter beds that go unused on an average monthly basis within a one-year period, and the percentage of those in emergency shelters that move to permanent housing solutions. The need for emergency shelter may be reduced by the number of supportive housing units that are identified in an adopted 10-year plan to end chronic homelessness and that are either vacant or for which funding has been identified to allow construction during the planning period. An analysis of special housing needs by a city or county may include an analysis of the need for frequent user coordinated care housing services.
(8)An analysis of opportunities for energy conservation with respect to residential development. Cities and counties are encouraged to include weatherization and energy efficiency improvements as part of publicly subsidized housing rehabilitation projects. This may include energy efficiency measures that encompass the building envelope, its heating and cooling systems, and its electrical system.
(9)An analysis of existing assisted housing developments that are eligible to change from low-income housing uses during the next 10 years due to termination of subsidy contracts, mortgage prepayment, or expiration of restrictions on use. Assisted housing developments, for the purpose of this section, shall mean multifamily rental housing that receives governmental assistance under federal programs listed in subdivision (a) of Section 65863.10, state and local multifamily revenue bond programs, local redevelopment programs, the federal Community Development Block Grant Program, or local in-lieu fees. Assisted housing developments shall also include multifamily rental units that were developed pursuant to a local inclusionary housing program or used to qualify for a density bonus pursuant to Section 65916.
(A)The analysis shall include a listing of each development by project name and address, the type of governmental assistance received, the earliest possible date of change from low-income use, and the total number of elderly and nonelderly units that could be lost from the localitys low-income housing stock in each year during the 10-year period. For purposes of state and federally funded projects, the analysis required by this subparagraph need only contain information available on a statewide basis.
(B)The analysis shall estimate the total cost of producing new rental housing that is comparable in size and rent levels, to replace the units that could change from low-income use, and an estimated cost of preserving the assisted housing developments. This cost analysis for replacement housing may be done aggregately for each five-year period and does not have to contain a project-by-project cost estimate.
(C)The analysis shall identify public and private nonprofit corporations known to the local government that have legal and managerial capacity to acquire and manage these housing developments.
(D)The analysis shall identify and consider the use of all federal, state, and local financing and subsidy programs that can be used to preserve, for lower income households, the assisted housing developments, identified in this paragraph, including, but not limited to, federal Community Development Block Grant Program funds, tax increment funds received by a redevelopment agency of the community, and administrative fees received by a housing authority operating within the community. In considering the use of these financing and subsidy programs, the analysis shall identify the amounts of funds under each available program that have not been legally obligated for other purposes and that could be available for use in preserving assisted housing developments.
(b)(1)A statement of the communitys goals, quantified objectives, and policies relative to affirmatively furthering fair housing and to the maintenance, preservation, improvement, and development of housing.
(2)It is recognized that the total housing needs identified pursuant to subdivision (a) may exceed available resources and the communitys ability to satisfy this need within the content of the general plan requirements outlined in Article 5 (commencing with Section 65300). Under these circumstances, the quantified objectives need not be identical to the total housing needs. The quantified objectives shall establish the maximum number of housing units by income category, including extremely low income, that can be constructed, rehabilitated, and conserved over a five-year time period.
(c)A program that sets forth a schedule of actions during the planning period, each with a timeline for implementation, that may recognize that certain programs are ongoing, such that there will be beneficial impacts of the programs within the planning period, that the local government is undertaking or intends to undertake to implement the policies and achieve the goals and objectives of the housing element through the administration of land use and development controls, the provision of regulatory concessions and incentives, the utilization of appropriate federal and state financing and subsidy programs when available, and the utilization of moneys in a low- and moderate-income housing fund of an agency if the locality has established a redevelopment project area pursuant to the Community Redevelopment Law (Division 24 (commencing with Section 33000) of the Health and Safety Code). In order to make adequate provision for the housing needs of all economic segments of the community, the program shall do all of the following:
(1)Identify actions that will be taken to make sites available during the planning period with appropriate zoning and development standards and with services and facilities to accommodate that portion of the citys or countys share of the regional housing need for each income level that could not be accommodated on sites identified in the inventory completed pursuant to paragraph (3) of subdivision (a) without rezoning, and to comply with the requirements of Section 65584.09. Sites shall be identified as needed to affirmatively further fair housing and to facilitate and encourage the development of a variety of types of housing for all income levels, including multifamily rental housing, factory-built housing, mobilehomes, housing for agricultural employees, supportive housing, single-room occupancy units, emergency shelters, and transitional housing.
(A)Where the inventory of sites, pursuant to paragraph (3) of subdivision (a), does not identify adequate sites to accommodate the need for groups of all household income levels pursuant to Section 65584, rezoning of those sites, sites in a jurisdiction with an eight-year housing element planning period pursuant to Section 65588, including adoption of minimum density and development standards or for jurisdictions or, for a jurisdiction in the coastal zone, any necessary local coastal program updates, for jurisdictions with an eight-year housing element planning period pursuant to Section 65588, amendments related to land use designations, changes in intensity of land use, zoning ordinances, or zoning district maps, consistent with Sections 30512, 30512.2, 30513, and 30514 of the Public Resources Code, shall be completed no later than three years after either the date the housing element is adopted pursuant to subdivision (f) of Section 65585 or the date that is 90 days after receipt of comments from the department pursuant to subdivision (b) of Section 65585, whichever is earlier, unless the deadline is extended pursuant to subdivision (f). Notwithstanding the foregoing, for a local government that fails to adopt a housing element that the department has found to be in substantial compliance with this article within 120 days of the statutory deadline in Section 65588 for adoption of the housing element, rezoning of those sites, including adoption of minimum density and development standards or for jurisdictions or, for a jurisdiction in the coastal zone, any necessary local coastal program updates, amendments related to land use designations, changes in intensity of land use, zoning ordinances, or zoning district maps, consistent with Sections 30512, 30512.2, 30513, and 30514 of the Public Resources Code, shall be completed no later than one year from the statutory deadline in Section 65588 for adoption of the housing element.
(B)Where the inventory of sites, pursuant to paragraph (3) of subdivision (a), does not identify adequate sites to accommodate the need for groups of all household income levels pursuant to Section 65584, the program shall identify sites that can be developed for housing within the planning period pursuant to subdivision (h) of Section 65583.2. The identification of sites shall include all components specified in Section 65583.2.
(C)Where the inventory of sites pursuant to paragraph (3) of subdivision (a) does not identify adequate sites to accommodate the need for farmworker housing, the program shall provide for sufficient sites to meet the need with zoning that permits farmworker housing use by right, including density and development standards that could accommodate and facilitate the feasibility of the development of farmworker housing for low- and very low income households.
(2)Assist in the development of adequate housing to meet the needs of extremely low, very low, low-, and moderate-income households.
(3)Address and, where appropriate and legally possible, remove governmental and nongovernmental constraints to the maintenance, improvement, and development of housing, including housing for all income levels and housing for persons with disabilities. The program shall remove constraints to, and provide reasonable accommodations for housing designed for, intended for occupancy by, or with supportive services for, persons with disabilities. Transitional housing and supportive housing shall be considered a residential use of property and shall be subject only to those restrictions that apply to other residential dwellings of the same type in the same zone. Supportive housing, as defined in Section 65650, shall be a use by right in all zones where multifamily and mixed uses are permitted, as provided in Article 11 (commencing with Section 65650).
(4)Conserve and improve the condition of the existing affordable housing stock, which may include addressing ways to mitigate the loss of dwelling units demolished by public or private action.
(5)Promote and affirmatively further fair housing opportunities and promote housing throughout the community or communities for all persons regardless of race, religion, sex, marital status, ancestry, national origin, color, familial status, or disability, and other characteristics protected by the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2), Section 65008, and any other state and federal fair housing and planning law.
(6)Preserve for lower income households the assisted housing developments identified pursuant to paragraph (9) of subdivision (a). The program for preservation of the assisted housing developments shall utilize, to the extent necessary, all available federal, state, and local financing and subsidy programs identified in paragraph (9) of subdivision (a), except where a community has other urgent needs for which alternative funding sources are not available. The program may include strategies that involve local regulation and technical assistance.
(7)Develop a plan that incentivizes and promotes the creation of accessory dwelling units that can be offered at affordable rent, as defined in Section 50053 of the Health and Safety Code, for very low, low-, or moderate-income households. For purposes of this paragraph, accessory dwelling units has the same meaning as accessory dwelling unit as defined in subdivision (a) of Section 66313.
(8)Include an identification of the agencies and officials responsible for the implementation of the various actions and the means by which consistency will be achieved with other general plan elements and community goals.
(9)Include a diligent effort by the local government to achieve public participation of all economic segments of the community in the development of the housing element, and the program shall describe this effort.
(10)(A)Affirmatively further fair housing in accordance with Chapter 15 (commencing with Section 8899.50) of Division 1 of Title 2. The program shall include an assessment of fair housing in the jurisdiction that shall include all of the following components:
(i)A summary of fair housing issues in the jurisdiction and an assessment of the jurisdictions fair housing enforcement and fair housing outreach capacity.
(ii)An analysis of available federal, state, and local data and knowledge to identify integration and segregation patterns and trends, racially or ethnically concentrated areas of poverty and affluence, disparities in access to opportunity, and disproportionate housing needs, including displacement risk. The analysis shall identify and examine such patterns, trends, areas, disparities, and needs, both within the jurisdiction and comparing the jurisdiction to the region in which it is located, based on race and other characteristics protected by the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2) and Section 65008.
(iii)An assessment of the contributing factors, including the local and regional historical origins and current policies and practices, for the fair housing issues identified under clauses (i) and (ii).
(iv)An identification of the jurisdictions fair housing priorities and goals, giving highest priority to those factors identified in clause (iii) that limit or deny fair housing choice or access to opportunity, or negatively impact fair housing or civil rights compliance, and identifying the metrics and milestones for determining what fair housing results will be achieved.
(v)Strategies and actions to implement those priorities and goals, which may include, but are not limited to, enhancing mobility strategies and encouraging development of new affordable housing in areas of opportunity, as well as place-based strategies to encourage community revitalization, including preservation of existing affordable housing, and protecting existing residents from displacement.
(B)A jurisdiction that completes or revises an assessment of fair housing pursuant to Subpart A (commencing with Section 5.150) of Part 5 of Subtitle A of Title 24 of the Code of Federal Regulations, as published in Volume 80 of the Federal Register, Number 136, page 42272, dated July 16, 2015, or an analysis of impediments to fair housing choice in accordance with the requirements of Section 91.225 of Title 24 of the Code of Federal Regulations in effect before August 17, 2015, may incorporate relevant portions of that assessment or revised assessment of fair housing or analysis or revised analysis of impediments to fair housing into its housing element.
(C)The requirements of this paragraph shall apply to housing elements due to be revised pursuant to Section 65588 on or after January 1, 2021.
(d)(1)A local government may satisfy all or part of its requirement to identify a zone or zones suitable for the development of emergency shelters pursuant to paragraph (4) of subdivision (a) by adopting and implementing a multijurisdictional agreement, with a maximum of two other adjacent communities, that requires the participating jurisdictions to develop at least one year-round emergency shelter within two years of the beginning of the planning period.
(2)The agreement shall allocate a portion of the new shelter capacity to each jurisdiction as credit toward its emergency shelter need, and each jurisdiction shall describe how the capacity was allocated as part of its housing element.
(3)Each member jurisdiction of a multijurisdictional agreement shall describe in its housing element all of the following:
(A)How the joint facility will meet the jurisdictions emergency shelter need.
(B)The jurisdictions contribution to the facility for both the development and ongoing operation and management of the facility.
(C)The amount and source of the funding that the jurisdiction contributes to the facility.
(4)The aggregate capacity claimed by the participating jurisdictions in their housing elements shall not exceed the actual capacity of the shelter.
(e)Except as otherwise provided in this article, amendments to this article that alter the required content of a housing element shall apply to both of the following:
(1)A housing element or housing element amendment prepared pursuant to subdivision (e) of Section 65588 or Section 65584.02, when a city, county, or city and county submits a draft to the department for review pursuant to Section 65585 more than 90 days after the effective date of the amendment to this section.
(2)Any housing element or housing element amendment prepared pursuant to subdivision (e) of Section 65588 or Section 65584.02, when the city, county, or city and county fails to submit the first draft to the department before the due date specified in Section 65588 or 65584.02.
(f)The deadline for completing required rezoning pursuant to subparagraph (A) of paragraph (1) of subdivision (c) shall be extended by one year if the local government has completed the rezoning at densities sufficient to accommodate at least 75 percent of the units for low- and very low income households and if the legislative body at the conclusion of a public hearing determines, based upon substantial evidence, that any of the following circumstances exist:
(1)The local government has been unable to complete the rezoning because of the action or inaction beyond the control of the local government of any other state, federal, or local agency.
(2)The local government is unable to complete the rezoning because of infrastructure deficiencies due to fiscal or regulatory constraints.
(3)The local government must undertake a major revision to its general plan in order to accommodate the housing-related policies of a sustainable communities strategy or an alternative planning strategy adopted pursuant to Section 65080.
The resolution and the findings shall be transmitted to the department together with a detailed budget and schedule for preparation and adoption of the required rezonings, including plans for citizen participation and expected interim action. The schedule shall provide for adoption of the required rezoning within one year of the adoption of the resolution.
(g)(1)If a local government fails to complete the rezoning by the deadline provided in subparagraph (A) of paragraph (1) of subdivision (c), as it may be extended pursuant to subdivision (f), except as provided in paragraph (2), a local government may not disapprove a housing development project, nor require a conditional use permit, planned unit development permit, or other locally imposed discretionary permit, or impose a condition that would render the project infeasible, if the housing development project (A) is proposed to be located on a site required to be rezoned pursuant to the program action required by that subparagraph and (B) complies with applicable, objective general plan and zoning standards and criteria, including design review standards, described in the program action required by that subparagraph. Any subdivision of sites shall be subject to the Subdivision Map Act (Division 2 (commencing with Section 66410)). Design review shall not constitute a project for purposes of Division 13 (commencing with Section 21000) of the Public Resources Code.
(2)A local government may disapprove a housing development described in paragraph (1) if it makes written findings supported by substantial 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.
(3)The applicant or any interested person may bring an action to enforce this subdivision. If a court finds that the local agency disapproved a project or conditioned its approval in violation of this subdivision, the court shall issue an order or judgment compelling compliance within 60 days. The court shall retain jurisdiction to ensure that its order or judgment is carried out. If the court determines that its order or judgment has not been carried out within 60 days, the court may issue further orders to ensure that the purposes and policies of this subdivision are fulfilled. In any such action, the city, county, or city and county shall bear the burden of proof.
(4)For purposes of this subdivision, housing development project means a project to construct residential units for which the project developer provides sufficient legal commitments to the appropriate local agency to ensure the continued availability and use of at least 49 percent of the housing units for very low, low-, and moderate-income households with an affordable housing cost or affordable rent, as defined in Section 50052.5 or 50053 of the Health and Safety Code, respectively, for the period required by the applicable financing.
(h)An action to enforce the program actions of the housing element shall be brought pursuant to Section 1085 of the Code of Civil Procedure.
(i)Notwithstanding any other law, the otherwise applicable timeframe set forth in paragraph (2) of subdivision (b) and subdivision (d) of Section 21080.3.1 of the Public Resources Code, and paragraph (3) of subdivision (d) of Section 21082.3 of the Public Resources Code, for a Native American tribe to respond to a lead agency and request consultation in writing is extended by 30 days for any housing development project application determined or deemed to be complete on or after March 4, 2020, and prior to December 31, 2021.
(j)On or after January 1, 2024, at the discretion of the department, the analysis of government constraints pursuant to paragraph (5) of subdivision (a) may include an analysis of constraints upon the maintenance, improvement, or development of housing for persons with a characteristic identified in subdivision (b) of Section 51 of the Civil Code. The implementation of this subdivision is contingent upon an appropriation by the Legislature in the annual Budget Act or another statute for this purpose.
SEC. 2.Section 30603 of the Public Resources Code is amended to read:30603.(a)After certification of its local coastal program, an action taken by a local government on a coastal development permit application may be appealed to the commission for only the following types of developments:
(1)Developments approved by the local government between the sea and the first public road paralleling the sea or within 300 feet of the inland extent of any beach or of the mean high tideline of the sea where there is no beach, whichever is the greater distance.
(2)Developments approved by the local government not included within paragraph (1) that are located on tidelands, submerged lands, public trust lands, within 100 feet of any wetland, estuary, or stream, or within 300 feet of the top of the seaward face of any coastal bluff.
(3)Developments approved by the local government not included within paragraph (1) or (2) that are located in a sensitive coastal resource area.
(4)(A)Any development approved by a coastal county that is not designated as the principal permitted use under the zoning ordinance or zoning district map approved pursuant to Chapter 6 (commencing with Section 30500).
(B)For purposes of this paragraph, coastal county shall not include a local government that is both a city and county.
(5)Any development that constitutes a major public works project or a major energy facility.
(b)(1)The grounds for an appeal pursuant to subdivision (a) shall be limited to an allegation that the development does not conform to the standards set forth in the certified local coastal program or the public access policies set forth in this division.
(2)The grounds for an appeal of a denial of a permit pursuant to paragraph (5) of subdivision (a) shall be limited to an allegation that the development conforms to the standards set forth in the certified local coastal program and the public access policies set forth in this division.
(c)An action described in subdivision (a) shall become final at the close of business on the 10th working day from the date of receipt by the commission of the notice of the local governments final action, unless an appeal is submitted within that time. Regardless of whether an appeal is submitted, the local governments action shall become final if an appeal fee is imposed pursuant to subdivision (d) of Section 30620 and is not deposited with the commission within the time prescribed.
(d)A local government taking an action on a coastal development permit shall send notification of its final action to the commission by certified mail or email within seven calendar days from the date of taking the action.
SEC. 3.The Legislature finds and declares that Section 1 of this act amending Section 65583 of the Government Code addresses a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 1 of this act applies to all cities, including charter cities.
SEC. 4.With respect to Section 2 of this act, the Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the special circumstances of certain coastal areas of the state that are both a city and a county.
SEC. 5.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.
The housing element shall consist of an identification and analysis of existing and projected housing needs and a statement of goals, policies, quantified objectives, financial resources, and scheduled programs for the preservation, improvement, and development of housing. The housing element shall identify adequate sites for housing, including rental housing, factory-built housing, mobilehomes, and emergency shelters, and shall make adequate provision for the existing and projected needs of all economic segments of the community. The element shall contain all of the following:
(a)An assessment of housing needs and an inventory of resources and constraints relevant to the meeting of these needs. The assessment and inventory shall include all of the following:
(1)An analysis of population and employment trends and documentation of projections and a quantification of the localitys existing and projected housing needs for all income levels, including extremely low income households, as defined in subdivision (b) of Section 50105 and Section 50106 of the Health and Safety Code. These existing and projected needs shall include the localitys share of the regional housing need in accordance with Section 65584. Local agencies shall calculate the subset of very low income households allotted under Section 65584 that qualify as extremely low income households. The local agency may either use available census data to calculate the percentage of very low income households that qualify as extremely low income households or presume that 50 percent of the very low income households qualify as extremely low income households. The number of extremely low income households and very low income households shall equal the jurisdictions allocation of very low income households pursuant to Section 65584.
(2)An analysis and documentation of household characteristics, including level of payment compared to ability to pay, housing characteristics, including overcrowding, and housing stock condition.
(3)An inventory of land suitable and available for residential development, including vacant sites and sites having realistic and demonstrated potential for redevelopment during the planning period to meet the localitys housing need for a designated income level, and an analysis of the relationship of zoning and public facilities and services to these sites, and an analysis of the relationship of the sites identified in the land inventory to the jurisdictions duty to affirmatively further fair housing.
(4)(A)The identification of one or more zoning designations that allow residential uses, including mixed uses, where emergency shelters are allowed as a permitted use without a conditional use or other discretionary permit and that are suitable for residential uses. The identified zoning designations shall include sufficient sites meeting the requirements of subparagraph (H) with sufficient capacity, as described in subparagraph (I), to accommodate the need for emergency shelter identified in paragraph (7), except that each local government shall identify a zoning designation or designations that can accommodate at least one year-round emergency shelter. If the local government cannot identify a zoning designation or designations with sufficient capacity, the local government shall include a program to amend its zoning ordinance to meet the requirements of this paragraph within one year of the adoption of the housing element. The local government may identify additional zoning designations where emergency shelters are permitted with a conditional use permit. The local government shall also demonstrate that existing or proposed permit processing, development, and management standards that apply to emergency shelters are objective and encourage and facilitate the development of, or conversion to, emergency shelters.
(B)Emergency shelters shall only be subject to the following written, objective standards:
(i)The maximum number of beds or persons permitted to be served nightly by the facility.
(ii)Sufficient parking to accommodate all staff working in the emergency shelter, provided that the standards do not require more parking for emergency shelters than other residential or commercial uses within the same zone.
(iii)The size and location of exterior and interior onsite waiting and client intake areas.
(iv)The provision of onsite management.
(v)The proximity to other emergency shelters, provided that emergency shelters are not required to be more than 300 feet apart.
(vi)The length of stay.
(vii)Lighting.
(viii)Security during hours that the emergency shelter is in operation.
(C)For purposes of this paragraph, emergency shelter shall include other interim interventions, including, but not limited to, a navigation center, bridge housing, and respite or recuperative care.
(D)The permit processing, development, and management standards applied under this paragraph shall not be deemed to be discretionary acts within the meaning of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).
(E)If a local government has adopted written, objective standards pursuant to subparagraph (B), the local government shall include an analysis of the standards in the analysis of constraints pursuant to paragraph (5).
(F)A local government that can demonstrate, to the satisfaction of the department, the existence of one or more emergency shelters either within its jurisdiction or pursuant to a multijurisdictional agreement that can accommodate that jurisdictions need and the needs of the other jurisdictions that are a part of the agreement for emergency shelter identified in paragraph (7) may comply with the zoning requirements of subparagraph (A) by identifying a zoning designation where new emergency shelters are allowed with a conditional use permit.
(G)A local government with an existing ordinance or ordinances that comply with this paragraph shall not be required to take additional action to identify zoning designations for emergency shelters. The housing element must only describe how existing ordinances, policies, and standards are consistent with the requirements of this paragraph.
(H)The zoning designation or designations where emergency shelters are allowed, as described in subparagraph (A), shall include sites that meet at least one of the following standards:
(i)Vacant sites zoned for residential use.
(ii)Vacant sites zoned for nonresidential use that allow residential development, if the local government can demonstrate how the sites with this zoning designation that are being used to satisfy the requirements of paragraph (1) are located near amenities and services that serve people experiencing homelessness, which may include, health care, transportation, retail, employment, and social services, or that the local government will provide free transportation to services or offer services onsite.
(iii)Nonvacant sites zoned for residential use or for nonresidential use that allow residential development that are suitable for use as a shelter in the current planning period, or which can be redeveloped for use as a shelter in the current planning period. A nonvacant site with an existing use shall be presumed to impede emergency shelter development absent an analysis based on substantial evidence that the use is likely to be discontinued during the planning period. The analysis shall consider current market demand for the current uses, market conditions, and incentives or standards to encourage shelter development.
(I)The zoning designation or designations shall have sufficient sites meeting the requirements of subparagraph (H) to accommodate the need for shelters identified pursuant to paragraph (7). The number of people experiencing homelessness that can be accommodated on any site shall be demonstrated by dividing the square footage of the site by a minimum of 200 square feet per person, unless the locality can demonstrate that one or more shelters were developed on sites that have fewer square feet per person during the prior planning period or the locality provides similar evidence to the department demonstrating that the site can accommodate more people experiencing homelessness. Any standard applied pursuant to this subparagraph is intended only for calculating site capacity pursuant to this section, and shall not be constructed as establishing a development standard applicable to the siting, development, or approval of a shelter.
(J)Notwithstanding subparagraph (H), a local government may accommodate the need for emergency shelters identified pursuant to paragraph (7) on sites owned by the local government if it demonstrates with substantial evidence that the sites will be made available for emergency shelter during the planning period, they are suitable for residential use, and the sites are located near amenities and services that serve people experiencing homelessness, which may include health care, transportation, retail, employment, and social services, or that the local government will provide free transportation to services or offer services onsite.
(5)An analysis of potential and actual governmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the types of housing identified in paragraph (1) of subdivision (c), and for persons with disabilities as identified in the analysis pursuant to paragraph (7), including land use controls, building codes and their enforcement, site improvements, fees and other exactions required of developers, local processing and permit procedures, and any locally adopted ordinances that directly impact the cost and supply of residential development. The analysis shall also demonstrate local efforts to remove governmental constraints that hinder the locality from meeting its share of the regional housing need in accordance with Section 65584 and from meeting the need for housing for persons with disabilities, supportive housing, transitional housing, and emergency shelters identified pursuant to paragraph (7).
(6)An analysis of potential and actual nongovernmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the availability of financing, the price of land, the cost of construction, the requests to develop housing at densities below those anticipated in the analysis required by subdivision (c) of Section 65583.2, and the length of time between receiving approval for a housing development and submittal of an application for building permits for that housing development that hinder the construction of a localitys share of the regional housing need in accordance with Section 65584. The analysis shall also demonstrate local efforts to remove nongovernmental constraints that create a gap between the localitys planning for the development of housing for all income levels and the construction of that housing.
(7)An analysis of any special housing needs, such as those of the elderly; persons with disabilities, including a developmental disability, as defined in Section 4512 of the Welfare and Institutions Code; large families; farmworkers; families with female heads of households; and families and persons in need of emergency shelter. The need for emergency shelter shall be assessed based on the capacity necessary to accommodate the most recent homeless point-in-time count conducted before the start of the planning period, the need for emergency shelter based on number of beds available on a year-round and seasonal basis, the number of shelter beds that go unused on an average monthly basis within a one-year period, and the percentage of those in emergency shelters that move to permanent housing solutions. The need for emergency shelter may be reduced by the number of supportive housing units that are identified in an adopted 10-year plan to end chronic homelessness and that are either vacant or for which funding has been identified to allow construction during the planning period. An analysis of special housing needs by a city or county may include an analysis of the need for frequent user coordinated care housing services.
(8)An analysis of opportunities for energy conservation with respect to residential development. Cities and counties are encouraged to include weatherization and energy efficiency improvements as part of publicly subsidized housing rehabilitation projects. This may include energy efficiency measures that encompass the building envelope, its heating and cooling systems, and its electrical system.
(9)An analysis of existing assisted housing developments that are eligible to change from low-income housing uses during the next 10 years due to termination of subsidy contracts, mortgage prepayment, or expiration of restrictions on use. Assisted housing developments, for the purpose of this section, shall mean multifamily rental housing that receives governmental assistance under federal programs listed in subdivision (a) of Section 65863.10, state and local multifamily revenue bond programs, local redevelopment programs, the federal Community Development Block Grant Program, or local in-lieu fees. Assisted housing developments shall also include multifamily rental units that were developed pursuant to a local inclusionary housing program or used to qualify for a density bonus pursuant to Section 65916.
(A)The analysis shall include a listing of each development by project name and address, the type of governmental assistance received, the earliest possible date of change from low-income use, and the total number of elderly and nonelderly units that could be lost from the localitys low-income housing stock in each year during the 10-year period. For purposes of state and federally funded projects, the analysis required by this subparagraph need only contain information available on a statewide basis.
(B)The analysis shall estimate the total cost of producing new rental housing that is comparable in size and rent levels, to replace the units that could change from low-income use, and an estimated cost of preserving the assisted housing developments. This cost analysis for replacement housing may be done aggregately for each five-year period and does not have to contain a project-by-project cost estimate.
(C)The analysis shall identify public and private nonprofit corporations known to the local government that have legal and managerial capacity to acquire and manage these housing developments.
(D)The analysis shall identify and consider the use of all federal, state, and local financing and subsidy programs that can be used to preserve, for lower income households, the assisted housing developments, identified in this paragraph, including, but not limited to, federal Community Development Block Grant Program funds, tax increment funds received by a redevelopment agency of the community, and administrative fees received by a housing authority operating within the community. In considering the use of these financing and subsidy programs, the analysis shall identify the amounts of funds under each available program that have not been legally obligated for other purposes and that could be available for use in preserving assisted housing developments.
(b)(1)A statement of the communitys goals, quantified objectives, and policies relative to affirmatively furthering fair housing and to the maintenance, preservation, improvement, and development of housing.
(2)It is recognized that the total housing needs identified pursuant to subdivision (a) may exceed available resources and the communitys ability to satisfy this need within the content of the general plan requirements outlined in Article 5 (commencing with Section 65300). Under these circumstances, the quantified objectives need not be identical to the total housing needs. The quantified objectives shall establish the maximum number of housing units by income category, including extremely low income, that can be constructed, rehabilitated, and conserved over a five-year time period.
(c)A program that sets forth a schedule of actions during the planning period, each with a timeline for implementation, that may recognize that certain programs are ongoing, such that there will be beneficial impacts of the programs within the planning period, that the local government is undertaking or intends to undertake to implement the policies and achieve the goals and objectives of the housing element through the administration of land use and development controls, the provision of regulatory concessions and incentives, the utilization of appropriate federal and state financing and subsidy programs when available, and the utilization of moneys in a low- and moderate-income housing fund of an agency if the locality has established a redevelopment project area pursuant to the Community Redevelopment Law (Division 24 (commencing with Section 33000) of the Health and Safety Code). In order to make adequate provision for the housing needs of all economic segments of the community, the program shall do all of the following:
(1)Identify actions that will be taken to make sites available during the planning period with appropriate zoning and development standards and with services and facilities to accommodate that portion of the citys or countys share of the regional housing need for each income level that could not be accommodated on sites identified in the inventory completed pursuant to paragraph (3) of subdivision (a) without rezoning, and to comply with the requirements of Section 65584.09. Sites shall be identified as needed to affirmatively further fair housing and to facilitate and encourage the development of a variety of types of housing for all income levels, including multifamily rental housing, factory-built housing, mobilehomes, housing for agricultural employees, supportive housing, single-room occupancy units, emergency shelters, and transitional housing.
(A)Where the inventory of sites, pursuant to paragraph (3) of subdivision (a), does not identify adequate sites to accommodate the need for groups of all household income levels pursuant to Section 65584, rezoning of those sites, including adoption of minimum density and development standards, for jurisdictions standards or for jurisdictions in the coastal zone, any necessary local coastal program updates, for jurisdictions with an eight-year housing element planning period pursuant to Section 65588, shall be completed no later than three years after either the date the housing element is adopted pursuant to subdivision (f) of Section 65585 or the date that is 90 days after receipt of comments from the department pursuant to subdivision (b) of Section 65585, whichever is earlier, unless the deadline is extended pursuant to subdivision (f). Notwithstanding the foregoing, for a local government that fails to adopt a housing element that the department has found to be in substantial compliance with this article within 120 days of the statutory deadline in Section 65588 for adoption of the housing element, rezoning of those sites, including adoption of minimum density and development standards, standards or for jurisdictions in the coastal zone, any necessary local coastal program updates, shall be completed no later than one year from the statutory deadline in Section 65588 for adoption of the housing element.
(B)Where the inventory of sites, pursuant to paragraph (3) of subdivision (a), does not identify adequate sites to accommodate the need for groups of all household income levels pursuant to Section 65584, the program shall identify sites that can be developed for housing within the planning period pursuant to subdivision (h) of Section 65583.2. The identification of sites shall include all components specified in Section 65583.2.
(C)Where the inventory of sites pursuant to paragraph (3) of subdivision (a) does not identify adequate sites to accommodate the need for farmworker housing, the program shall provide for sufficient sites to meet the need with zoning that permits farmworker housing use by right, including density and development standards that could accommodate and facilitate the feasibility of the development of farmworker housing for low- and very low income households.
(2)Assist in the development of adequate housing to meet the needs of extremely low, very low, low-, and moderate-income households.
(3)Address and, where appropriate and legally possible, remove governmental and nongovernmental constraints to the maintenance, improvement, and development of housing, including housing for all income levels and housing for persons with disabilities. The program shall remove constraints to, and provide reasonable accommodations for housing designed for, intended for occupancy by, or with supportive services for, persons with disabilities. Transitional housing and supportive housing shall be considered a residential use of property and shall be subject only to those restrictions that apply to other residential dwellings of the same type in the same zone. Supportive housing, as defined in Section 65650, shall be a use by right in all zones where multifamily and mixed uses are permitted, as provided in Article 11 (commencing with Section 65650).
(4)Conserve and improve the condition of the existing affordable housing stock, which may include addressing ways to mitigate the loss of dwelling units demolished by public or private action.
(5)Promote and affirmatively further fair housing opportunities and promote housing throughout the community or communities for all persons regardless of race, religion, sex, marital status, ancestry, national origin, color, familial status, or disability, and other characteristics protected by the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2), Section 65008, and any other state and federal fair housing and planning law.
(6)Preserve for lower income households the assisted housing developments identified pursuant to paragraph (9) of subdivision (a). The program for preservation of the assisted housing developments shall utilize, to the extent necessary, all available federal, state, and local financing and subsidy programs identified in paragraph (9) of subdivision (a), except where a community has other urgent needs for which alternative funding sources are not available. The program may include strategies that involve local regulation and technical assistance.
(7)Develop a plan that incentivizes and promotes the creation of accessory dwelling units that can be offered at affordable rent, as defined in Section 50053 of the Health and Safety Code, for very low, low-, or moderate-income households. For purposes of this paragraph, accessory dwelling units has the same meaning as accessory dwelling unit as defined in subdivision (a) of Section 66313.
(8)Include an identification of the agencies and officials responsible for the implementation of the various actions and the means by which consistency will be achieved with other general plan elements and community goals.
(9)Include a diligent effort by the local government to achieve public participation of all economic segments of the community in the development of the housing element, and the program shall describe this effort.
(10)(A)Affirmatively further fair housing in accordance with Chapter 15 (commencing with Section 8899.50) of Division 1 of Title 2. The program shall include an assessment of fair housing in the jurisdiction that shall include all of the following components:
(i)A summary of fair housing issues in the jurisdiction and an assessment of the jurisdictions fair housing enforcement and fair housing outreach capacity.
(ii)An analysis of available federal, state, and local data and knowledge to identify integration and segregation patterns and trends, racially or ethnically concentrated areas of poverty and affluence, disparities in access to opportunity, and disproportionate housing needs, including displacement risk. The analysis shall identify and examine such patterns, trends, areas, disparities, and needs, both within the jurisdiction and comparing the jurisdiction to the region in which it is located, based on race and other characteristics protected by the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2) and Section 65008.
(iii)An assessment of the contributing factors, including the local and regional historical origins and current policies and practices, for the fair housing issues identified under clauses (i) and (ii).
(iv)An identification of the jurisdictions fair housing priorities and goals, giving highest priority to those factors identified in clause (iii) that limit or deny fair housing choice or access to opportunity, or negatively impact fair housing or civil rights compliance, and identifying the metrics and milestones for determining what fair housing results will be achieved.
(v)Strategies and actions to implement those priorities and goals, which may include, but are not limited to, enhancing mobility strategies and encouraging development of new affordable housing in areas of opportunity, as well as place-based strategies to encourage community revitalization, including preservation of existing affordable housing, and protecting existing residents from displacement.
(B)A jurisdiction that completes or revises an assessment of fair housing pursuant to Subpart A (commencing with Section 5.150) of Part 5 of Subtitle A of Title 24 of the Code of Federal Regulations, as published in Volume 80 of the Federal Register, Number 136, page 42272, dated July 16, 2015, or an analysis of impediments to fair housing choice in accordance with the requirements of Section 91.225 of Title 24 of the Code of Federal Regulations in effect before August 17, 2015, may incorporate relevant portions of that assessment or revised assessment of fair housing or analysis or revised analysis of impediments to fair housing into its housing element.
(C)The requirements of this paragraph shall apply to housing elements due to be revised pursuant to Section 65588 on or after January 1, 2021.
(d)(1)A local government may satisfy all or part of its requirement to identify a zone or zones suitable for the development of emergency shelters pursuant to paragraph (4) of subdivision (a) by adopting and implementing a multijurisdictional agreement, with a maximum of two other adjacent communities, that requires the participating jurisdictions to develop at least one year-round emergency shelter within two years of the beginning of the planning period.
(2)The agreement shall allocate a portion of the new shelter capacity to each jurisdiction as credit toward its emergency shelter need, and each jurisdiction shall describe how the capacity was allocated as part of its housing element.
(3)Each member jurisdiction of a multijurisdictional agreement shall describe in its housing element all of the following:
(A)How the joint facility will meet the jurisdictions emergency shelter need.
(B)The jurisdictions contribution to the facility for both the development and ongoing operation and management of the facility.
(C)The amount and source of the funding that the jurisdiction contributes to the facility.
(4)The aggregate capacity claimed by the participating jurisdictions in their housing elements shall not exceed the actual capacity of the shelter.
(e)Except as otherwise provided in this article, amendments to this article that alter the required content of a housing element shall apply to both of the following:
(1)A housing element or housing element amendment prepared pursuant to subdivision (e) of Section 65588 or Section 65584.02, when a city, county, or city and county submits a draft to the department for review pursuant to Section 65585 more than 90 days after the effective date of the amendment to this section.
(2)Any housing element or housing element amendment prepared pursuant to subdivision (e) of Section 65588 or Section 65584.02, when the city, county, or city and county fails to submit the first draft to the department before the due date specified in Section 65588 or 65584.02.
(f)The deadline for completing required rezoning pursuant to subparagraph (A) of paragraph (1) of subdivision (c) shall be extended by one year if the local government has completed the rezoning at densities sufficient to accommodate at least 75 percent of the units for low- and very low income households and if the legislative body at the conclusion of a public hearing determines, based upon substantial evidence, that any of the following circumstances exist:
(1)The local government has been unable to complete the rezoning because of the action or inaction beyond the control of the local government of any other state, federal, or local agency.
(2)The local government is unable to complete the rezoning because of infrastructure deficiencies due to fiscal or regulatory constraints.
(3)The local government must undertake a major revision to its general plan in order to accommodate the housing-related policies of a sustainable communities strategy or an alternative planning strategy adopted pursuant to Section 65080.
The resolution and the findings shall be transmitted to the department together with a detailed budget and schedule for preparation and adoption of the required rezonings, including plans for citizen participation and expected interim action. The schedule shall provide for adoption of the required rezoning within one year of the adoption of the resolution.
(g)(1)If a local government fails to complete the rezoning by the deadline provided in subparagraph (A) of paragraph (1) of subdivision (c), as it may be extended pursuant to subdivision (f), except as provided in paragraph (2), a local government may not disapprove a housing development project, nor require a conditional use permit, planned unit development permit, or other locally imposed discretionary permit, or impose a condition that would render the project infeasible, if the housing development project (A) is proposed to be located on a site required to be rezoned pursuant to the program action required by that subparagraph and (B) complies with applicable, objective general plan and zoning standards and criteria, including design review standards, described in the program action required by that subparagraph. Any subdivision of sites shall be subject to the Subdivision Map Act (Division 2 (commencing with Section 66410)). Design review shall not constitute a project for purposes of Division 13 (commencing with Section 21000) of the Public Resources Code.
(2)A local government may disapprove a housing development described in paragraph (1) if it makes written findings supported by substantial 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.
(3)The applicant or any interested person may bring an action to enforce this subdivision. If a court finds that the local agency disapproved a project or conditioned its approval in violation of this subdivision, the court shall issue an order or judgment compelling compliance within 60 days. The court shall retain jurisdiction to ensure that its order or judgment is carried out. If the court determines that its order or judgment has not been carried out within 60 days, the court may issue further orders to ensure that the purposes and policies of this subdivision are fulfilled. In any such action, the city, county, or city and county shall bear the burden of proof.
(4)For purposes of this subdivision, housing development project means a project to construct residential units for which the project developer provides sufficient legal commitments to the appropriate local agency to ensure the continued availability and use of at least 49 percent of the housing units for very low, low-, and moderate-income households with an affordable housing cost or affordable rent, as defined in Section 50052.5 or 50053 of the Health and Safety Code, respectively, for the period required by the applicable financing.
(h)An action to enforce the program actions of the housing element shall be brought pursuant to Section 1085 of the Code of Civil Procedure.
(i)Notwithstanding any other law, the otherwise applicable timeframe set forth in paragraph (2) of subdivision (b) and subdivision (d) of Section 21080.3.1 of the Public Resources Code, and paragraph (3) of subdivision (d) of Section 21082.3 of the Public Resources Code, for a Native American tribe to respond to a lead agency and request consultation in writing is extended by 30 days for any housing development project application determined or deemed to be complete on or after March 4, 2020, and prior to December 31, 2021.
(j)On or after January 1, 2024, at the discretion of the department, the analysis of government constraints pursuant to paragraph (5) of subdivision (a) may include an analysis of constraints upon the maintenance, improvement, or development of housing for persons with a characteristic identified in subdivision (b) of Section 51 of the Civil Code. The implementation of this subdivision is contingent upon an appropriation by the Legislature in the annual Budget Act or another statute for this purpose.
SEC. 2.Section 30603 of the Public Resources Code is amended to read:30603.(a)After certification of its local coastal program, an action taken by a local government on a coastal development permit application may be appealed to the commission for only the following types of developments:
(1)A development Developments approved by the local government between the sea and the first public road paralleling the sea or within 300 feet of the inland extent of a any beach or of the mean high tideline of the sea where there is no beach, whichever is the greater distance.
(2)A development Developments approved by the local government not included within paragraph (1) that is are located on tidelands, submerged lands, public trust lands, within 100 feet of any wetland, estuary, or stream, or within 300 feet of the top of the seaward face of a any coastal bluff.
(3)A development Developments approved by the local government not included within paragraph (1) or (2) that is are located in a sensitive coastal resource area.
(4)A (A)Any development approved by a coastal county that is not designated as a the principal permitted use under the zoning ordinance or zoning district map approved pursuant to Chapter 6 (commencing with Section 30500).
(B)For purposes of this paragraph, coastal county shall not include a local government that is both a city and county.
(5)A development that Any development that constitutes a major public works project or a major energy facility.
(b)(1)The grounds for an appeal pursuant to subdivision (a) shall be limited to an allegation that the development does not conform to the standards set forth in the certified local coastal program or the public access policies set forth in this division.
(2)The grounds for an appeal of a denial of a permit pursuant to paragraph (5) of subdivision (a) shall be limited to an allegation that the development conforms to the standards set forth in the certified local coastal program and the public access policies set forth in this division.
(c)An action described in subdivision (a) shall become final at the close of business on the 10th working day from the date of receipt by the commission of the notice of the local governments final action, unless an appeal is submitted within that time. Regardless of whether an appeal is submitted, the local governments action shall become final if an appeal fee is imposed pursuant to subdivision (d) of Section 30620 and is not deposited with the commission within the time prescribed.
(d)A local government taking an action on a coastal development permit shall send notification of its final action to the commission by certified mail or email within seven calendar days from the date of taking the action.
SEC. 3.The Legislature finds and declares that Section 1 of this act amending Section 65583 of the Government Code addresses a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 1 of this act applies to all cities, including charter cities.
SEC. 4.With respect to Section 2 of this act, the Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the special circumstances of certain coastal areas of the state that are both a city and a county.
SEC. 4.SEC. 5.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.
The housing element shall consist of an identification and analysis of existing and projected housing needs and a statement of goals, policies, quantified objectives, financial resources, and scheduled programs for the preservation, improvement, and development of housing. The housing element shall identify adequate sites for housing, including rental housing, factory-built housing, mobilehomes, and emergency shelters, and shall make adequate provision for the existing and projected needs of all economic segments of the community. The element shall contain all of the following:
(a)An assessment of housing needs and an inventory of resources and constraints relevant to the meeting of these needs. The assessment and inventory shall include all of the following:
(1)An analysis of population and employment trends and documentation of projections and a quantification of the localitys existing and projected housing needs for all income levels, including extremely low income households, as defined in subdivision (b) of Section 50105 and Section 50106 of the Health and Safety Code. These existing and projected needs shall include the localitys share of the regional housing need in accordance with Section 65584. Local agencies shall calculate the subset of very low income households allotted under Section 65584 that qualify as extremely low income households. The local agency may either use available census data to calculate the percentage of very low income households that qualify as extremely low income households or presume that 50 percent of the very low income households qualify as extremely low income households. The number of extremely low income households and very low income households shall equal the jurisdictions allocation of very low income households pursuant to Section 65584.
(2)An analysis and documentation of household characteristics, including level of payment compared to ability to pay, housing characteristics, including overcrowding, and housing stock condition.
(3)An inventory of land suitable and available for residential development, including vacant sites and sites having realistic and demonstrated potential for redevelopment during the planning period to meet the localitys housing need for a designated income level, and an analysis of the relationship of zoning and public facilities and services to these sites, and an analysis of the relationship of the sites identified in the land inventory to the jurisdictions duty to affirmatively further fair housing.
(4)(A)The identification of one or more zoning designations that allow residential uses, including mixed uses, where emergency shelters are allowed as a permitted use without a conditional use or other discretionary permit and that are suitable for residential uses. The identified zoning designations shall include sufficient sites meeting the requirements of subparagraph (H) with sufficient capacity, as described in subparagraph (I), to accommodate the need for emergency shelter identified in paragraph (7), except that each local government shall identify a zoning designation or designations that can accommodate at least one year-round emergency shelter. If the local government cannot identify a zoning designation or designations with sufficient capacity, the local government shall include a program to amend its zoning ordinance to meet the requirements of this paragraph within one year of the adoption of the housing element. The local government may identify additional zoning designations where emergency shelters are permitted with a conditional use permit. The local government shall also demonstrate that existing or proposed permit processing, development, and management standards that apply to emergency shelters are objective and encourage and facilitate the development of, or conversion to, emergency shelters.
(B)Emergency shelters shall only be subject to the following written, objective standards:
(i)The maximum number of beds or persons permitted to be served nightly by the facility.
(ii)Sufficient parking to accommodate all staff working in the emergency shelter, provided that the standards do not require more parking for emergency shelters than other residential or commercial uses within the same zone.
(iii)The size and location of exterior and interior onsite waiting and client intake areas.
(iv)The provision of onsite management.
(v)The proximity to other emergency shelters, provided that emergency shelters are not required to be more than 300 feet apart.
(vi)The length of stay.
(vii)Lighting.
(viii)Security during hours that the emergency shelter is in operation.
(C)For purposes of this paragraph, emergency shelter shall include other interim interventions, including, but not limited to, a navigation center, bridge housing, and respite or recuperative care.
(D)The permit processing, development, and management standards applied under this paragraph shall not be deemed to be discretionary acts within the meaning of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).
(E)If a local government has adopted written, objective standards pursuant to subparagraph (B), the local government shall include an analysis of the standards in the analysis of constraints pursuant to paragraph (5).
(F)A local government that can demonstrate, to the satisfaction of the department, the existence of one or more emergency shelters either within its jurisdiction or pursuant to a multijurisdictional agreement that can accommodate that jurisdictions need and the needs of the other jurisdictions that are a part of the agreement for emergency shelter identified in paragraph (7) may comply with the zoning requirements of subparagraph (A) by identifying a zoning designation where new emergency shelters are allowed with a conditional use permit.
(G)A local government with an existing ordinance or ordinances that comply with this paragraph shall not be required to take additional action to identify zoning designations for emergency shelters. The housing element must only describe how existing ordinances, policies, and standards are consistent with the requirements of this paragraph.
(H)The zoning designation or designations where emergency shelters are allowed, as described in subparagraph (A), shall include sites that meet at least one of the following standards:
(i)Vacant sites zoned for residential use.
(ii)Vacant sites zoned for nonresidential use that allow residential development, if the local government can demonstrate how the sites with this zoning designation that are being used to satisfy the requirements of paragraph (1) are located near amenities and services that serve people experiencing homelessness, which may include, health care, transportation, retail, employment, and social services, or that the local government will provide free transportation to services or offer services onsite.
(iii)Nonvacant sites zoned for residential use or for nonresidential use that allow residential development that are suitable for use as a shelter in the current planning period, or which can be redeveloped for use as a shelter in the current planning period. A nonvacant site with an existing use shall be presumed to impede emergency shelter development absent an analysis based on substantial evidence that the use is likely to be discontinued during the planning period. The analysis shall consider current market demand for the current uses, market conditions, and incentives or standards to encourage shelter development.
(I)The zoning designation or designations shall have sufficient sites meeting the requirements of subparagraph (H) to accommodate the need for shelters identified pursuant to paragraph (7). The number of people experiencing homelessness that can be accommodated on any site shall be demonstrated by dividing the square footage of the site by a minimum of 200 square feet per person, unless the locality can demonstrate that one or more shelters were developed on sites that have fewer square feet per person during the prior planning period or the locality provides similar evidence to the department demonstrating that the site can accommodate more people experiencing homelessness. Any standard applied pursuant to this subparagraph is intended only for calculating site capacity pursuant to this section, and shall not be constructed as establishing a development standard applicable to the siting, development, or approval of a shelter.
(J)Notwithstanding subparagraph (H), a local government may accommodate the need for emergency shelters identified pursuant to paragraph (7) on sites owned by the local government if it demonstrates with substantial evidence that the sites will be made available for emergency shelter during the planning period, they are suitable for residential use, and the sites are located near amenities and services that serve people experiencing homelessness, which may include health care, transportation, retail, employment, and social services, or that the local government will provide free transportation to services or offer services onsite.
(5)An analysis of potential and actual governmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the types of housing identified in paragraph (1) of subdivision (c), and for persons with disabilities as identified in the analysis pursuant to paragraph (7), including land use controls, building codes and their enforcement, site improvements, fees and other exactions required of developers, local processing and permit procedures, and any locally adopted ordinances that directly impact the cost and supply of residential development. The analysis shall also demonstrate local efforts to remove governmental constraints that hinder the locality from meeting its share of the regional housing need in accordance with Section 65584 and from meeting the need for housing for persons with disabilities, supportive housing, transitional housing, and emergency shelters identified pursuant to paragraph (7).
(6)An analysis of potential and actual nongovernmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the availability of financing, the price of land, the cost of construction, the requests to develop housing at densities below those anticipated in the analysis required by subdivision (c) of Section 65583.2, and the length of time between receiving approval for a housing development and submittal of an application for building permits for that housing development that hinder the construction of a localitys share of the regional housing need in accordance with Section 65584. The analysis shall also demonstrate local efforts to remove nongovernmental constraints that create a gap between the localitys planning for the development of housing for all income levels and the construction of that housing.
(7)An analysis of any special housing needs, such as those of the elderly; persons with disabilities, including a developmental disability, as defined in Section 4512 of the Welfare and Institutions Code; large families; farmworkers; families with female heads of households; and families and persons in need of emergency shelter. The need for emergency shelter shall be assessed based on the capacity necessary to accommodate the most recent homeless point-in-time count conducted before the start of the planning period, the need for emergency shelter based on number of beds available on a year-round and seasonal basis, the number of shelter beds that go unused on an average monthly basis within a one-year period, and the percentage of those in emergency shelters that move to permanent housing solutions. The need for emergency shelter may be reduced by the number of supportive housing units that are identified in an adopted 10-year plan to end chronic homelessness and that are either vacant or for which funding has been identified to allow construction during the planning period. An analysis of special housing needs by a city or county may include an analysis of the need for frequent user coordinated care housing services.
(8)An analysis of opportunities for energy conservation with respect to residential development. Cities and counties are encouraged to include weatherization and energy efficiency improvements as part of publicly subsidized housing rehabilitation projects. This may include energy efficiency measures that encompass the building envelope, its heating and cooling systems, and its electrical system.
(9)An analysis of existing assisted housing developments that are eligible to change from low-income housing uses during the next 10 years due to termination of subsidy contracts, mortgage prepayment, or expiration of restrictions on use. Assisted housing developments, for the purpose of this section, shall mean multifamily rental housing that receives governmental assistance under federal programs listed in subdivision (a) of Section 65863.10, state and local multifamily revenue bond programs, local redevelopment programs, the federal Community Development Block Grant Program, or local in-lieu fees. Assisted housing developments shall also include multifamily rental units that were developed pursuant to a local inclusionary housing program or used to qualify for a density bonus pursuant to Section 65916.
(A)The analysis shall include a listing of each development by project name and address, the type of governmental assistance received, the earliest possible date of change from low-income use, and the total number of elderly and nonelderly units that could be lost from the localitys low-income housing stock in each year during the 10-year period. For purposes of state and federally funded projects, the analysis required by this subparagraph need only contain information available on a statewide basis.
(B)The analysis shall estimate the total cost of producing new rental housing that is comparable in size and rent levels, to replace the units that could change from low-income use, and an estimated cost of preserving the assisted housing developments. This cost analysis for replacement housing may be done aggregately for each five-year period and does not have to contain a project-by-project cost estimate.
(C)The analysis shall identify public and private nonprofit corporations known to the local government that have legal and managerial capacity to acquire and manage these housing developments.
(D)The analysis shall identify and consider the use of all federal, state, and local financing and subsidy programs that can be used to preserve, for lower income households, the assisted housing developments, identified in this paragraph, including, but not limited to, federal Community Development Block Grant Program funds, tax increment funds received by a redevelopment agency of the community, and administrative fees received by a housing authority operating within the community. In considering the use of these financing and subsidy programs, the analysis shall identify the amounts of funds under each available program that have not been legally obligated for other purposes and that could be available for use in preserving assisted housing developments.
(b)(1)A statement of the communitys goals, quantified objectives, and policies relative to affirmatively furthering fair housing and to the maintenance, preservation, improvement, and development of housing.
(2)It is recognized that the total housing needs identified pursuant to subdivision (a) may exceed available resources and the communitys ability to satisfy this need within the content of the general plan requirements outlined in Article 5 (commencing with Section 65300). Under these circumstances, the quantified objectives need not be identical to the total housing needs. The quantified objectives shall establish the maximum number of housing units by income category, including extremely low income, that can be constructed, rehabilitated, and conserved over a five-year time period.
(c)A program that sets forth a schedule of actions during the planning period, each with a timeline for implementation, that may recognize that certain programs are ongoing, such that there will be beneficial impacts of the programs within the planning period, that the local government is undertaking or intends to undertake to implement the policies and achieve the goals and objectives of the housing element through the administration of land use and development controls, the provision of regulatory concessions and incentives, the utilization of appropriate federal and state financing and subsidy programs when available, and the utilization of moneys in a low- and moderate-income housing fund of an agency if the locality has established a redevelopment project area pursuant to the Community Redevelopment Law (Division 24 (commencing with Section 33000) of the Health and Safety Code). In order to make adequate provision for the housing needs of all economic segments of the community, the program shall do all of the following:
(1)Identify actions that will be taken to make sites available during the planning period with appropriate zoning and development standards and with services and facilities to accommodate that portion of the citys or countys share of the regional housing need for each income level that could not be accommodated on sites identified in the inventory completed pursuant to paragraph (3) of subdivision (a) without rezoning, and to comply with the requirements of Section 65584.09. Sites shall be identified as needed to affirmatively further fair housing and to facilitate and encourage the development of a variety of types of housing for all income levels, including multifamily rental housing, factory-built housing, mobilehomes, housing for agricultural employees, supportive housing, single-room occupancy units, emergency shelters, and transitional housing.
(A)Where the inventory of sites, pursuant to paragraph (3) of subdivision (a), does not identify adequate sites to accommodate the need for groups of all household income levels pursuant to Section 65584, rezoning of those sites, including adoption of minimum density and development standards or for jurisdictions in the coastal zone, any necessary local coastal program updates, for jurisdictions with an eight-year housing element planning period pursuant to Section 65588, shall be completed no later than three years after either the date the housing element is adopted pursuant to subdivision (f) of Section 65585 or the date that is 90 days after receipt of comments from the department pursuant to subdivision (b) of Section 65585, whichever is earlier, unless the deadline is extended pursuant to subdivision (f). Notwithstanding the foregoing, for a local government that fails to adopt a housing element that the department has found to be in substantial compliance with this article within 120 days of the statutory deadline in Section 65588 for adoption of the housing element, rezoning of those sites, including adoption of minimum density and development standards or for jurisdictions in the coastal zone, any necessary local coastal program updates, shall be completed no later than one year from the statutory deadline in Section 65588 for adoption of the housing element.
(B)Where the inventory of sites, pursuant to paragraph (3) of subdivision (a), does not identify adequate sites to accommodate the need for groups of all household income levels pursuant to Section 65584, the program shall identify sites that can be developed for housing within the planning period pursuant to subdivision (h) of Section 65583.2. The identification of sites shall include all components specified in Section 65583.2.
(C)Where the inventory of sites pursuant to paragraph (3) of subdivision (a) does not identify adequate sites to accommodate the need for farmworker housing, the program shall provide for sufficient sites to meet the need with zoning that permits farmworker housing use by right, including density and development standards that could accommodate and facilitate the feasibility of the development of farmworker housing for low- and very low income households.
(2)Assist in the development of adequate housing to meet the needs of extremely low, very low, low-, and moderate-income households.
(3)Address and, where appropriate and legally possible, remove governmental and nongovernmental constraints to the maintenance, improvement, and development of housing, including housing for all income levels and housing for persons with disabilities. The program shall remove constraints to, and provide reasonable accommodations for housing designed for, intended for occupancy by, or with supportive services for, persons with disabilities. Transitional housing and supportive housing shall be considered a residential use of property and shall be subject only to those restrictions that apply to other residential dwellings of the same type in the same zone. Supportive housing, as defined in Section 65650, shall be a use by right in all zones where multifamily and mixed uses are permitted, as provided in Article 11 (commencing with Section 65650).
(4)Conserve and improve the condition of the existing affordable housing stock, which may include addressing ways to mitigate the loss of dwelling units demolished by public or private action.
(5)Promote and affirmatively further fair housing opportunities and promote housing throughout the community or communities for all persons regardless of race, religion, sex, marital status, ancestry, national origin, color, familial status, or disability, and other characteristics protected by the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2), Section 65008, and any other state and federal fair housing and planning law.
(6)Preserve for lower income households the assisted housing developments identified pursuant to paragraph (9) of subdivision (a). The program for preservation of the assisted housing developments shall utilize, to the extent necessary, all available federal, state, and local financing and subsidy programs identified in paragraph (9) of subdivision (a), except where a community has other urgent needs for which alternative funding sources are not available. The program may include strategies that involve local regulation and technical assistance.
(7)Develop a plan that incentivizes and promotes the creation of accessory dwelling units that can be offered at affordable rent, as defined in Section 50053 of the Health and Safety Code, for very low, low-, or moderate-income households. For purposes of this paragraph, accessory dwelling units has the same meaning as accessory dwelling unit as defined in paragraph (4) of subdivision (i) of Section 65852.2.
(8)Include an identification of the agencies and officials responsible for the implementation of the various actions and the means by which consistency will be achieved with other general plan elements and community goals.
(9)Include a diligent effort by the local government to achieve public participation of all economic segments of the community in the development of the housing element, and the program shall describe this effort.
(10)(A)Affirmatively further fair housing in accordance with Chapter 15 (commencing with Section 8899.50) of Division 1 of Title 2. The program shall include an assessment of fair housing in the jurisdiction that shall include all of the following components:
(i)A summary of fair housing issues in the jurisdiction and an assessment of the jurisdictions fair housing enforcement and fair housing outreach capacity.
(ii)An analysis of available federal, state, and local data and knowledge to identify integration and segregation patterns and trends, racially or ethnically concentrated areas of poverty and affluence, disparities in access to opportunity, and disproportionate housing needs, including displacement risk. The analysis shall identify and examine such patterns, trends, areas, disparities, and needs, both within the jurisdiction and comparing the jurisdiction to the region in which it is located, based on race and other characteristics protected by the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2) and Section 65008.
(iii)An assessment of the contributing factors, including the local and regional historical origins and current policies and practices, for the fair housing issues identified under clauses (i) and (ii).
(iv)An identification of the jurisdictions fair housing priorities and goals, giving highest priority to those factors identified in clause (iii) that limit or deny fair housing choice or access to opportunity, or negatively impact fair housing or civil rights compliance, and identifying the metrics and milestones for determining what fair housing results will be achieved.
(v)Strategies and actions to implement those priorities and goals, which may include, but are not limited to, enhancing mobility strategies and encouraging development of new affordable housing in areas of opportunity, as well as place-based strategies to encourage community revitalization, including preservation of existing affordable housing, and protecting existing residents from displacement.
(B)A jurisdiction that completes or revises an assessment of fair housing pursuant to Subpart A (commencing with Section 5.150) of Part 5 of Subtitle A of Title 24 of the Code of Federal Regulations, as published in Volume 80 of the Federal Register, Number 136, page 42272, dated July 16, 2015, or an analysis of impediments to fair housing choice in accordance with the requirements of Section 91.225 of Title 24 of the Code of Federal Regulations in effect before August 17, 2015, may incorporate relevant portions of that assessment or revised assessment of fair housing or analysis or revised analysis of impediments to fair housing into its housing element.
(C)The requirements of this paragraph shall apply to housing elements due to be revised pursuant to Section 65588 on or after January 1, 2021.
(d)(1)A local government may satisfy all or part of its requirement to identify a zone or zones suitable for the development of emergency shelters pursuant to paragraph (4) of subdivision (a) by adopting and implementing a multijurisdictional agreement, with a maximum of two other adjacent communities, that requires the participating jurisdictions to develop at least one year-round emergency shelter within two years of the beginning of the planning period.
(2)The agreement shall allocate a portion of the new shelter capacity to each jurisdiction as credit toward its emergency shelter need, and each jurisdiction shall describe how the capacity was allocated as part of its housing element.
(3)Each member jurisdiction of a multijurisdictional agreement shall describe in its housing element all of the following:
(A)How the joint facility will meet the jurisdictions emergency shelter need.
(B)The jurisdictions contribution to the facility for both the development and ongoing operation and management of the facility.
(C)The amount and source of the funding that the jurisdiction contributes to the facility.
(4)The aggregate capacity claimed by the participating jurisdictions in their housing elements shall not exceed the actual capacity of the shelter.
(e)Except as otherwise provided in this article, amendments to this article that alter the required content of a housing element shall apply to both of the following:
(1)A housing element or housing element amendment prepared pursuant to subdivision (e) of Section 65588 or Section 65584.02, when a city, county, or city and county submits a draft to the department for review pursuant to Section 65585 more than 90 days after the effective date of the amendment to this section.
(2)Any housing element or housing element amendment prepared pursuant to subdivision (e) of Section 65588 or Section 65584.02, when the city, county, or city and county fails to submit the first draft to the department before the due date specified in Section 65588 or 65584.02.
(f)The deadline for completing required rezoning pursuant to subparagraph (A) of paragraph (1) of subdivision (c) shall be extended by one year if the local government has completed the rezoning at densities sufficient to accommodate at least 75 percent of the units for low- and very low income households and if the legislative body at the conclusion of a public hearing determines, based upon substantial evidence, that any of the following circumstances exist:
(1)The local government has been unable to complete the rezoning because of the action or inaction beyond the control of the local government of any other state, federal, or local agency.
(2)The local government is unable to complete the rezoning because of infrastructure deficiencies due to fiscal or regulatory constraints.
(3)The local government must undertake a major revision to its general plan in order to accommodate the housing-related policies of a sustainable communities strategy or an alternative planning strategy adopted pursuant to Section 65080.
The resolution and the findings shall be transmitted to the department together with a detailed budget and schedule for preparation and adoption of the required rezonings, including plans for citizen participation and expected interim action. The schedule shall provide for adoption of the required rezoning within one year of the adoption of the resolution.
(g)(1)If a local government fails to complete the rezoning by the deadline provided in subparagraph (A) of paragraph (1) of subdivision (c), as it may be extended pursuant to subdivision (f), except as provided in paragraph (2), a local government may not disapprove a housing development project, nor require a conditional use permit, planned unit development permit, or other locally imposed discretionary permit, or impose a condition that would render the project infeasible, if the housing development project (A) is proposed to be located on a site required to be rezoned pursuant to the program action required by that subparagraph and (B) complies with applicable, objective general plan and zoning standards and criteria, including design review standards, described in the program action required by that subparagraph. Any subdivision of sites shall be subject to the Subdivision Map Act (Division 2 (commencing with Section 66410)). Design review shall not constitute a project for purposes of Division 13 (commencing with Section 21000) of the Public Resources Code.
(2)A local government may disapprove a housing development described in paragraph (1) if it makes written findings supported by substantial 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.
(3)The applicant or any interested person may bring an action to enforce this subdivision. If a court finds that the local agency disapproved a project or conditioned its approval in violation of this subdivision, the court shall issue an order or judgment compelling compliance within 60 days. The court shall retain jurisdiction to ensure that its order or judgment is carried out. If the court determines that its order or judgment has not been carried out within 60 days, the court may issue further orders to ensure that the purposes and policies of this subdivision are fulfilled. In any such action, the city, county, or city and county shall bear the burden of proof.
(4)For purposes of this subdivision, housing development project means a project to construct residential units for which the project developer provides sufficient legal commitments to the appropriate local agency to ensure the continued availability and use of at least 49 percent of the housing units for very low, low-, and moderate-income households with an affordable housing cost or affordable rent, as defined in Section 50052.5 or 50053 of the Health and Safety Code, respectively, for the period required by the applicable financing.
(h)An action to enforce the program actions of the housing element shall be brought pursuant to Section 1085 of the Code of Civil Procedure.
(i)Notwithstanding any other law, the otherwise applicable timeframe set forth in paragraph (2) of subdivision (b) and subdivision (d) of Section 21080.3.1 of the Public Resources Code, and paragraph (3) of subdivision (d) of Section 21082.3 of the Public Resources Code, for a Native American tribe to respond to a lead agency and request consultation in writing is extended by 30 days for any housing development project application determined or deemed to be complete on or after March 4, 2020, and prior to December 31, 2021.
(j)On or after January 1, 2024, at the discretion of the department, the analysis of government constraints pursuant to paragraph (5) of subdivision (a) may include an analysis of constraints upon the maintenance, improvement, or development of housing for persons with a characteristic identified in subdivision (b) of Section 51 of the Civil Code. The implementation of this subdivision is contingent upon an appropriation by the Legislature in the annual Budget Act or another statute for this purpose.
SEC. 2.Section 30175 is added to the Public Resources Code, immediately following Section 30174, to read:30175.Notwithstanding any maps adopted on March 1, 1977, pursuant to Section 17 of Chapter 1330 of the Statutes of 1976, as amended by Section 29 of Chapter 1331 of the Statutes of 1976, the inland boundary of the coastal zone in the City and County of San Francisco shall be amended to conform to the inland boundary shown on Map B, which is hereby adopted by reference and which shall be filed in the office of the Secretary of State and the commission on the date of enactment of this section. The areas deleted from the coastal zone, which are specifically shown on Map B, are in the City and County of San Francisco and are generally described as follows: (a)In the vicinity of Sutro Heights, north of the Balboa Street right-of-way, approximately 14 acres are excluded as specifically shown on Map B.(b)To exclude Golden Gate Park and developed areas of the City and County of San Franciscos Richmond District neighborhood, the boundary is moved seaward to the midpoint of the Upper Great Highway right-of-way, extending from Balboa Street to Lincoln Way.(c)To exclude developed areas of the City and County of San Franciscos Sunset District neighborhood, the boundary is moved seaward to the western edge of the Lower Great Highway right-of-way, extending from Lincoln Way to Sloat Boulevard.(d)In the vicinity of the San Francisco Zoological Gardens and Lake Merced, the boundary is moved seaward to the southern and western edges of the Sloat Boulevard and Lake Merced Boulevard rights-of-way, except that the existing location of the boundary extending into Harding Park Golf Course shall be retained. SEC. 3.SEC. 2.Section 30603 of the Public Resources Code is amended to read:30603.(a)After certification of its local coastal program, an action taken by a local government on a coastal development permit application may be appealed to the commission for only the following types of developments:
(1)A development approved by the local government between the sea and the first public road paralleling the sea or within 300 feet of the inland extent of a beach or of the mean high tideline of the sea where there is no beach, whichever is the greater distance.
(2)A development approved by the local government not included within paragraph (1) that is located on tidelands, submerged lands, public trust lands, within 100 feet of any wetland, estuary, or stream, or within 300 feet of the top of the seaward face of a coastal bluff.
(3)A development approved by the local government not included within paragraph (1) or (2) that is located in a sensitive coastal resource area.
(4)A development approved by a coastal county that is not designated as a permitted use under the zoning ordinance or zoning district map approved pursuant to Chapter 6 (commencing with Section 30500).
(5)A development that constitutes a major public works project or a major energy facility.
(b)(1)The grounds for an appeal pursuant to subdivision (a) shall be limited to an allegation that the development does not conform to the standards set forth in the certified local coastal program or the public access policies set forth in this division.
(2)The grounds for an appeal of a denial of a permit pursuant to paragraph (5) of subdivision (a) shall be limited to an allegation that the development conforms to the standards set forth in the certified local coastal program and the public access policies set forth in this division.
(c)An action described in subdivision (a) shall become final at the close of business on the 10th working day from the date of receipt by the commission of the notice of the local governments final action, unless an appeal is submitted within that time. Regardless of whether an appeal is submitted, the local governments action shall become final if an appeal fee is imposed pursuant to subdivision (d) of Section 30620 and is not deposited with the commission within the time prescribed.
(d)A local government taking an action on a coastal development permit shall send notification of its final action to the commission by certified mail or email within seven calendar days from the date of taking the action.
SEC. 4.SEC. 3.The Legislature finds and declares that Section 1 of this act amending Section 65583 of the Government Code addresses a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 1 of this act applies to all cities, including charter cities.
SEC. 5.In regards to Section 2 of this act, the Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because the City and County of San Francisco is uniquely behind on state housing goals. The Department of Housing and Community Development issued a first-of-its-kind Policy and Practice Review that identified barriers to housing approvals and construction and provided required actions for the City and County of San Francisco, which included changing local permitting processes to more efficiently approve housing. Excluding land from the coastal zone in the City and County of San Francisco will better enable the region to meet housing goals. A general statute could unnecessarily alter coastal resource protections in other jurisdictions that do not require alterations to coastal zone permitting processes in an effort to comply with state housing law.SEC. 6.SEC. 4.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.
The housing element shall consist of an identification and analysis of existing and projected housing needs and a statement of goals, policies, quantified objectives, financial resources, and scheduled programs for the preservation, improvement, and development of housing. The housing element shall identify adequate sites for housing, including rental housing, factory-built housing, mobilehomes, and emergency shelters, and shall make adequate provision for the existing and projected needs of all economic segments of the community. The element shall contain all of the following:
(a)An assessment of housing needs and an inventory of resources and constraints relevant to the meeting of these needs. The assessment and inventory shall include all of the following:
(1)An analysis of population and employment trends and documentation of projections and a quantification of the localitys existing and projected housing needs for all income levels, including extremely low income households, as defined in subdivision (b) of Section 50105 and Section 50106 of the Health and Safety Code. These existing and projected needs shall include the localitys share of the regional housing need in accordance with Section 65584. Local agencies shall calculate the subset of very low income households allotted under Section 65584 that qualify as extremely low income households. The local agency may either use available census data to calculate the percentage of very low income households that qualify as extremely low income households or presume that 50 percent of the very low income households qualify as extremely low income households. The number of extremely low income households and very low income households shall equal the jurisdictions allocation of very low income households pursuant to Section 65584.
(2)An analysis and documentation of household characteristics, including level of payment compared to ability to pay, housing characteristics, including overcrowding, and housing stock condition.
(3)An inventory of land suitable and available for residential development, including vacant sites and sites having realistic and demonstrated potential for redevelopment during the planning period to meet the localitys housing need for a designated income level, and an analysis of the relationship of zoning and public facilities and services to these sites, and an analysis of the relationship of the sites identified in the land inventory to the jurisdictions duty to affirmatively further fair housing.
(4)(A)The identification of one or more zoning designations that allow residential uses, including mixed uses, where emergency shelters are allowed as a permitted use without a conditional use or other discretionary permit and that are suitable for residential uses. The identified zoning designations shall include sufficient sites meeting the requirements of subparagraph (H) with sufficient capacity, as described in subparagraph (I), to accommodate the need for emergency shelter identified in paragraph (7), except that each local government shall identify a zoning designation or designations that can accommodate at least one year-round emergency shelter. If the local government cannot identify a zoning designation or designations with sufficient capacity, the local government shall include a program to amend its zoning ordinance to meet the requirements of this paragraph within one year of the adoption of the housing element. The local government may identify additional zoning designations where emergency shelters are permitted with a conditional use permit. The local government shall also demonstrate that existing or proposed permit processing, development, and management standards that apply to emergency shelters are objective and encourage and facilitate the development of, or conversion to, emergency shelters.
(B)Emergency shelters shall only be subject to the following written, objective standards:
(i)The maximum number of beds or persons permitted to be served nightly by the facility.
(ii)Sufficient parking to accommodate all staff working in the emergency shelter, provided that the standards do not require more parking for emergency shelters than other residential or commercial uses within the same zone.
(iii)The size and location of exterior and interior onsite waiting and client intake areas.
(iv)The provision of onsite management.
(v)The proximity to other emergency shelters, provided that emergency shelters are not required to be more than 300 feet apart.
(vi)The length of stay.
(vii)Lighting.
(viii)Security during hours that the emergency shelter is in operation.
(C)For purposes of this paragraph, emergency shelter shall include other interim interventions, including, but not limited to, a navigation center, bridge housing, and respite or recuperative care.
(D)The permit processing, development, and management standards applied under this paragraph shall not be deemed to be discretionary acts within the meaning of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).
(E)If a local government has adopted written, objective standards pursuant to subparagraph (B), the local government shall include an analysis of the standards in the analysis of constraints pursuant to paragraph (5).
(F)A local government that can demonstrate, to the satisfaction of the department, the existence of one or more emergency shelters either within its jurisdiction or pursuant to a multijurisdictional agreement that can accommodate that jurisdictions need and the needs of the other jurisdictions that are a part of the agreement for emergency shelter identified in paragraph (7) may comply with the zoning requirements of subparagraph (A) by identifying a zoning designation where new emergency shelters are allowed with a conditional use permit.
(G)A local government with an existing ordinance or ordinances that comply with this paragraph shall not be required to take additional action to identify zoning designations for emergency shelters. The housing element must only describe how existing ordinances, policies, and standards are consistent with the requirements of this paragraph.
(H)The zoning designation or designations where emergency shelters are allowed, as described in subparagraph (A), shall include sites that meet at least one of the following standards:
(i)Vacant sites zoned for residential use.
(ii)Vacant sites zoned for nonresidential use that allow residential development, if the local government can demonstrate how the sites with this zoning designation that are being used to satisfy the requirements of paragraph (1) are located near amenities and services that serve people experiencing homelessness, which may include, health care, transportation, retail, employment, and social services, or that the local government will provide free transportation to services or offer services onsite.
(iii)Nonvacant sites zoned for residential use or for nonresidential use that allow residential development that are suitable for use as a shelter in the current planning period, or which can be redeveloped for use as a shelter in the current planning period. A nonvacant site with an existing use shall be presumed to impede emergency shelter development absent an analysis based on substantial evidence that the use is likely to be discontinued during the planning period. The analysis shall consider current market demand for the current uses, market conditions, and incentives or standards to encourage shelter development.
(I)The zoning designation or designations shall have sufficient sites meeting the requirements of subparagraph (H) to accommodate the need for shelters identified pursuant to paragraph (7). The number of people experiencing homelessness that can be accommodated on any site shall be demonstrated by dividing the square footage of the site by a minimum of 200 square feet per person, unless the locality can demonstrate that one or more shelters were developed on sites that have fewer square feet per person during the prior planning period or the locality provides similar evidence to the department demonstrating that the site can accommodate more people experiencing homelessness. Any standard applied pursuant to this subparagraph is intended only for calculating site capacity pursuant to this section, and shall not be constructed as establishing a development standard applicable to the siting, development, or approval of a shelter.
(J)Notwithstanding subparagraph (H), a local government may accommodate the need for emergency shelters identified pursuant to paragraph (7) on sites owned by the local government if it demonstrates with substantial evidence that the sites will be made available for emergency shelter during the planning period, they are suitable for residential use, and the sites are located near amenities and services that serve people experiencing homelessness, which may include health care, transportation, retail, employment, and social services, or that the local government will provide free transportation to services or offer services onsite.
(5)An analysis of potential and actual governmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the types of housing identified in paragraph (1) of subdivision (c), and for persons with disabilities as identified in the analysis pursuant to paragraph (7), including land use controls, building codes and their enforcement, site improvements, fees and other exactions required of developers, local processing and permit procedures, and any locally adopted ordinances that directly impact the cost and supply of residential development. The analysis shall also demonstrate local efforts to remove governmental constraints that hinder the locality from meeting its share of the regional housing need in accordance with Section 65584 and from meeting the need for housing for persons with disabilities, supportive housing, transitional housing, and emergency shelters identified pursuant to paragraph (7).
(6)An analysis of potential and actual nongovernmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the availability of financing, the price of land, the cost of construction, the requests to develop housing at densities below those anticipated in the analysis required by subdivision (c) of Section 65583.2, and the length of time between receiving approval for a housing development and submittal of an application for building permits for that housing development that hinder the construction of a localitys share of the regional housing need in accordance with Section 65584. The analysis shall also demonstrate local efforts to remove nongovernmental constraints that create a gap between the localitys planning for the development of housing for all income levels and the construction of that housing.
(7)An analysis of any special housing needs, such as those of the elderly; persons with disabilities, including a developmental disability, as defined in Section 4512 of the Welfare and Institutions Code; large families; farmworkers; families with female heads of households; and families and persons in need of emergency shelter. The need for emergency shelter shall be assessed based on the capacity necessary to accommodate the most recent homeless point-in-time count conducted before the start of the planning period, the need for emergency shelter based on number of beds available on a year-round and seasonal basis, the number of shelter beds that go unused on an average monthly basis within a one-year period, and the percentage of those in emergency shelters that move to permanent housing solutions. The need for emergency shelter may be reduced by the number of supportive housing units that are identified in an adopted 10-year plan to end chronic homelessness and that are either vacant or for which funding has been identified to allow construction during the planning period. An analysis of special housing needs by a city or county may include an analysis of the need for frequent user coordinated care housing services.
(8)An analysis of opportunities for energy conservation with respect to residential development. Cities and counties are encouraged to include weatherization and energy efficiency improvements as part of publicly subsidized housing rehabilitation projects. This may include energy efficiency measures that encompass the building envelope, its heating and cooling systems, and its electrical system.
(9)An analysis of existing assisted housing developments that are eligible to change from low-income housing uses during the next 10 years due to termination of subsidy contracts, mortgage prepayment, or expiration of restrictions on use. Assisted housing developments, for the purpose of this section, shall mean multifamily rental housing that receives governmental assistance under federal programs listed in subdivision (a) of Section 65863.10, state and local multifamily revenue bond programs, local redevelopment programs, the federal Community Development Block Grant Program, or local in-lieu fees. Assisted housing developments shall also include multifamily rental units that were developed pursuant to a local inclusionary housing program or used to qualify for a density bonus pursuant to Section 65916.
(A)The analysis shall include a listing of each development by project name and address, the type of governmental assistance received, the earliest possible date of change from low-income use, and the total number of elderly and nonelderly units that could be lost from the localitys low-income housing stock in each year during the 10-year period. For purposes of state and federally funded projects, the analysis required by this subparagraph need only contain information available on a statewide basis.
(B)The analysis shall estimate the total cost of producing new rental housing that is comparable in size and rent levels, to replace the units that could change from low-income use, and an estimated cost of preserving the assisted housing developments. This cost analysis for replacement housing may be done aggregately for each five-year period and does not have to contain a project-by-project cost estimate.
(C)The analysis shall identify public and private nonprofit corporations known to the local government that have legal and managerial capacity to acquire and manage these housing developments.
(D)The analysis shall identify and consider the use of all federal, state, and local financing and subsidy programs that can be used to preserve, for lower income households, the assisted housing developments, identified in this paragraph, including, but not limited to, federal Community Development Block Grant Program funds, tax increment funds received by a redevelopment agency of the community, and administrative fees received by a housing authority operating within the community. In considering the use of these financing and subsidy programs, the analysis shall identify the amounts of funds under each available program that have not been legally obligated for other purposes and that could be available for use in preserving assisted housing developments.
(b)(1)A statement of the communitys goals, quantified objectives, and policies relative to affirmatively furthering fair housing and to the maintenance, preservation, improvement, and development of housing.
(2)It is recognized that the total housing needs identified pursuant to subdivision (a) may exceed available resources and the communitys ability to satisfy this need within the content of the general plan requirements outlined in Article 5 (commencing with Section 65300). Under these circumstances, the quantified objectives need not be identical to the total housing needs. The quantified objectives shall establish the maximum number of housing units by income category, including extremely low income, that can be constructed, rehabilitated, and conserved over a five-year time period.
(c)A program that sets forth a schedule of actions during the planning period, each with a timeline for implementation, that may recognize that certain programs are ongoing, such that there will be beneficial impacts of the programs within the planning period, that the local government is undertaking or intends to undertake to implement the policies and achieve the goals and objectives of the housing element through the administration of land use and development controls, the provision of regulatory concessions and incentives, the utilization of appropriate federal and state financing and subsidy programs when available, and the utilization of moneys in a low- and moderate-income housing fund of an agency if the locality has established a redevelopment project area pursuant to the Community Redevelopment Law (Division 24 (commencing with Section 33000) of the Health and Safety Code). In order to make adequate provision for the housing needs of all economic segments of the community, the program shall do all of the following:
(1)Identify actions that will be taken to make sites available during the planning period with appropriate zoning and development standards and with services and facilities to accommodate that portion of the citys or countys share of the regional housing need for each income level that could not be accommodated on sites identified in the inventory completed pursuant to paragraph (3) of subdivision (a) without rezoning, and to comply with the requirements of Section 65584.09. Sites shall be identified as needed to affirmatively further fair housing and to facilitate and encourage the development of a variety of types of housing for all income levels, including multifamily rental housing, factory-built housing, mobilehomes, housing for agricultural employees, supportive housing, single-room occupancy units, emergency shelters, and transitional housing.
(A)Where the inventory of sites, pursuant to paragraph (3) of subdivision (a), does not identify adequate sites to accommodate the need for groups of all household income levels pursuant to Section 65584, rezoning of those sites, including adoption of minimum density and development standards, standards or for jurisdictions in the coastal zone, any necessary local coastal program updates, for jurisdictions with an eight-year housing element planning period pursuant to Section 65588, shall be completed no later than three years after either the date the housing element is adopted pursuant to subdivision (f) of Section 65585 or the date that is 90 days after receipt of comments from the department pursuant to subdivision (b) of Section 65585, whichever is earlier, unless the deadline is extended pursuant to subdivision (f). Notwithstanding the foregoing, for a local government that fails to adopt a housing element that the department has found to be in substantial compliance with this article within 120 days of the statutory deadline in Section 65588 for adoption of the housing element, rezoning of those sites, including adoption of minimum density and development standards, standards or for jurisdictions in the coastal zone, any necessary local coastal program updates, shall be completed no later than one year from the statutory deadline in Section 65588 for adoption of the housing element.
(B)Where the inventory of sites, pursuant to paragraph (3) of subdivision (a), does not identify adequate sites to accommodate the need for groups of all household income levels pursuant to Section 65584, the program shall identify sites that can be developed for housing within the planning period pursuant to subdivision (h) of Section 65583.2. The identification of sites shall include all components specified in Section 65583.2.
(C)Where the inventory of sites pursuant to paragraph (3) of subdivision (a) does not identify adequate sites to accommodate the need for farmworker housing, the program shall provide for sufficient sites to meet the need with zoning that permits farmworker housing use by right, including density and development standards that could accommodate and facilitate the feasibility of the development of farmworker housing for low- and very low income households.
(2)Assist in the development of adequate housing to meet the needs of extremely low, very low, low-, and moderate-income households.
(3)Address and, where appropriate and legally possible, remove governmental and nongovernmental constraints to the maintenance, improvement, and development of housing, including housing for all income levels and housing for persons with disabilities. The program shall remove constraints to, and provide reasonable accommodations for housing designed for, intended for occupancy by, or with supportive services for, persons with disabilities. Transitional housing and supportive housing shall be considered a residential use of property and shall be subject only to those restrictions that apply to other residential dwellings of the same type in the same zone. Supportive housing, as defined in Section 65650, shall be a use by right in all zones where multifamily and mixed uses are permitted, as provided in Article 11 (commencing with Section 65650).
(4)Conserve and improve the condition of the existing affordable housing stock, which may include addressing ways to mitigate the loss of dwelling units demolished by public or private action.
(5)Promote and affirmatively further fair housing opportunities and promote housing throughout the community or communities for all persons regardless of race, religion, sex, marital status, ancestry, national origin, color, familial status, or disability, and other characteristics protected by the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2), Section 65008, and any other state and federal fair housing and planning law.
(6)Preserve for lower income households the assisted housing developments identified pursuant to paragraph (9) of subdivision (a). The program for preservation of the assisted housing developments shall utilize, to the extent necessary, all available federal, state, and local financing and subsidy programs identified in paragraph (9) of subdivision (a), except where a community has other urgent needs for which alternative funding sources are not available. The program may include strategies that involve local regulation and technical assistance.
(7)Develop a plan that incentivizes and promotes the creation of accessory dwelling units that can be offered at affordable rent, as defined in Section 50053 of the Health and Safety Code, for very low, low-, or moderate-income households. For purposes of this paragraph, accessory dwelling units has the same meaning as accessory dwelling unit as defined in paragraph (4) of subdivision (i) of Section 65852.2.
(8)Include an identification of the agencies and officials responsible for the implementation of the various actions and the means by which consistency will be achieved with other general plan elements and community goals.
(9)Include a diligent effort by the local government to achieve public participation of all economic segments of the community in the development of the housing element, and the program shall describe this effort.
(10)(A)Affirmatively further fair housing in accordance with Chapter 15 (commencing with Section 8899.50) of Division 1 of Title 2. The program shall include an assessment of fair housing in the jurisdiction that shall include all of the following components:
(i)A summary of fair housing issues in the jurisdiction and an assessment of the jurisdictions fair housing enforcement and fair housing outreach capacity.
(ii)An analysis of available federal, state, and local data and knowledge to identify integration and segregation patterns and trends, racially or ethnically concentrated areas of poverty and affluence, disparities in access to opportunity, and disproportionate housing needs, including displacement risk. The analysis shall identify and examine such patterns, trends, areas, disparities, and needs, both within the jurisdiction and comparing the jurisdiction to the region in which it is located, based on race and other characteristics protected by the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2) and Section 65008.
(iii)An assessment of the contributing factors, including the local and regional historical origins and current policies and practices, for the fair housing issues identified under clauses (i) and (ii).
(iv)An identification of the jurisdictions fair housing priorities and goals, giving highest priority to those factors identified in clause (iii) that limit or deny fair housing choice or access to opportunity, or negatively impact fair housing or civil rights compliance, and identifying the metrics and milestones for determining what fair housing results will be achieved.
(v)Strategies and actions to implement those priorities and goals, which may include, but are not limited to, enhancing mobility strategies and encouraging development of new affordable housing in areas of opportunity, as well as place-based strategies to encourage community revitalization, including preservation of existing affordable housing, and protecting existing residents from displacement.
(B)A jurisdiction that completes or revises an assessment of fair housing pursuant to Subpart A (commencing with Section 5.150) of Part 5 of Subtitle A of Title 24 of the Code of Federal Regulations, as published in Volume 80 of the Federal Register, Number 136, page 42272, dated July 16, 2015, or an analysis of impediments to fair housing choice in accordance with the requirements of Section 91.225 of Title 24 of the Code of Federal Regulations in effect before August 17, 2015, may incorporate relevant portions of that assessment or revised assessment of fair housing or analysis or revised analysis of impediments to fair housing into its housing element.
(C)The requirements of this paragraph shall apply to housing elements due to be revised pursuant to Section 65588 on or after January 1, 2021.
(d)(1)A local government may satisfy all or part of its requirement to identify a zone or zones suitable for the development of emergency shelters pursuant to paragraph (4) of subdivision (a) by adopting and implementing a multijurisdictional agreement, with a maximum of two other adjacent communities, that requires the participating jurisdictions to develop at least one year-round emergency shelter within two years of the beginning of the planning period.
(2)The agreement shall allocate a portion of the new shelter capacity to each jurisdiction as credit toward its emergency shelter need, and each jurisdiction shall describe how the capacity was allocated as part of its housing element.
(3)Each member jurisdiction of a multijurisdictional agreement shall describe in its housing element all of the following:
(A)How the joint facility will meet the jurisdictions emergency shelter need.
(B)The jurisdictions contribution to the facility for both the development and ongoing operation and management of the facility.
(C)The amount and source of the funding that the jurisdiction contributes to the facility.
(4)The aggregate capacity claimed by the participating jurisdictions in their housing elements shall not exceed the actual capacity of the shelter.
(e)Except as otherwise provided in this article, amendments to this article that alter the required content of a housing element shall apply to both of the following:
(1)A housing element or housing element amendment prepared pursuant to subdivision (e) of Section 65588 or Section 65584.02, when a city, county, or city and county submits a draft to the department for review pursuant to Section 65585 more than 90 days after the effective date of the amendment to this section.
(2)Any housing element or housing element amendment prepared pursuant to subdivision (e) of Section 65588 or Section 65584.02, when the city, county, or city and county fails to submit the first draft to the department before the due date specified in Section 65588 or 65584.02.
(f)The deadline for completing required rezoning pursuant to subparagraph (A) of paragraph (1) of subdivision (c) shall be extended by one year if the local government has completed the rezoning at densities sufficient to accommodate at least 75 percent of the units for low- and very low income households and if the legislative body at the conclusion of a public hearing determines, based upon substantial evidence, that any of the following circumstances exist:
(1)The local government has been unable to complete the rezoning because of the action or inaction beyond the control of the local government of any other state, federal, or local agency.
(2)The local government is unable to complete the rezoning because of infrastructure deficiencies due to fiscal or regulatory constraints.
(3)The local government must undertake a major revision to its general plan in order to accommodate the housing-related policies of a sustainable communities strategy or an alternative planning strategy adopted pursuant to Section 65080.
The resolution and the findings shall be transmitted to the department together with a detailed budget and schedule for preparation and adoption of the required rezonings, including plans for citizen participation and expected interim action. The schedule shall provide for adoption of the required rezoning within one year of the adoption of the resolution.
(g)(1)If a local government fails to complete the rezoning by the deadline provided in subparagraph (A) of paragraph (1) of subdivision (c), as it may be extended pursuant to subdivision (f), except as provided in paragraph (2), a local government may not disapprove a housing development project, nor require a conditional use permit, planned unit development permit, or other locally imposed discretionary permit, or impose a condition that would render the project infeasible, if the housing development project (A) is proposed to be located on a site required to be rezoned pursuant to the program action required by that subparagraph and (B) complies with applicable, objective general plan and zoning standards and criteria, including design review standards, described in the program action required by that subparagraph. Any subdivision of sites shall be subject to the Subdivision Map Act (Division 2 (commencing with Section 66410)). Design review shall not constitute a project for purposes of Division 13 (commencing with Section 21000) of the Public Resources Code.
(2)A local government may disapprove a housing development described in paragraph (1) if it makes written findings supported by substantial 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.
(3)The applicant or any interested person may bring an action to enforce this subdivision. If a court finds that the local agency disapproved a project or conditioned its approval in violation of this subdivision, the court shall issue an order or judgment compelling compliance within 60 days. The court shall retain jurisdiction to ensure that its order or judgment is carried out. If the court determines that its order or judgment has not been carried out within 60 days, the court may issue further orders to ensure that the purposes and policies of this subdivision are fulfilled. In any such action, the city, county, or city and county shall bear the burden of proof.
(4)For purposes of this subdivision, housing development project means a project to construct residential units for which the project developer provides sufficient legal commitments to the appropriate local agency to ensure the continued availability and use of at least 49 percent of the housing units for very low, low-, and moderate-income households with an affordable housing cost or affordable rent, as defined in Section 50052.5 or 50053 of the Health and Safety Code, respectively, for the period required by the applicable financing.
(h)An action to enforce the program actions of the housing element shall be brought pursuant to Section 1085 of the Code of Civil Procedure.
(i)Notwithstanding any other law, the otherwise applicable timeframe set forth in paragraph (2) of subdivision (b) and subdivision (d) of Section 21080.3.1 of the Public Resources Code, and paragraph (3) of subdivision (d) of Section 21082.3 of the Public Resources Code, for a Native American tribe to respond to a lead agency and request consultation in writing is extended by 30 days for any housing development project application determined or deemed to be complete on or after March 4, 2020, and prior to December 31, 2021.
(j)On or after January 1, 2024, at the discretion of the department, the analysis of government constraints pursuant to paragraph (5) of subdivision (a) may include an analysis of constraints upon the maintenance, improvement, or development of housing for persons with a characteristic identified in subdivision (b) of Section 51 of the Civil Code. The implementation of this subdivision is contingent upon an appropriation by the Legislature in the annual Budget Act or another statute for this purpose.
SEC. 2.Section 30175 is added to the Public Resources Code, immediately following Section 30174, to read:30175.Notwithstanding any maps adopted on March 1, 1977, pursuant to Section 17 of Chapter 1330 of the Statutes of 1976, as amended by Section 29 of Chapter 1331 of the Statutes of 1976, the inland boundary of the coastal zone in the City and County of San Francisco shall be amended to conform to the inland boundary shown on Map B, which is hereby adopted by reference and which shall be filed in the office of the Secretary of State and the commission on the date of enactment of this section. The areas deleted from the coastal zone, which are specifically shown on Map B, are in the City and County of San Francisco and are generally described as follows:
(a)In the vicinity of Sutro Heights, north of the Balboa Street right-of-way, approximately 14 acres are excluded as specifically shown on Map B.
(b)To exclude Golden Gate Park and developed areas of the City and County of San Franciscos Richmond District neighborhood, the boundary is moved seaward to the midpoint of the Upper Great Highway right-of-way, extending from Balboa Street to Lincoln Way.
(c)To exclude developed areas of the City and County of San Franciscos Sunset District neighborhood, the boundary is moved seaward to the western edge of the Lower Great Highway right-of-way, extending from Lincoln Way to Sloat Boulevard.
(d)In the vicinity of the San Francisco Zoological Gardens and Lake Merced, the boundary is moved seaward to the southern and western edges of the Sloat Boulevard and Lake Merced Boulevard rights-of-way, except that the existing location of the boundary extending into Harding Park Golf Course shall be retained.
SEC. 3.Section 30603 of the Public Resources Code is amended to read:30603.(a)After certification of its local coastal program, an action taken by a local government on a coastal development permit application may be appealed to the commission for only the following types of developments:
(1)Developments A development approved by the local government between the sea and the first public road paralleling the sea or within 300 feet of the inland extent of any a beach or of the mean high tideline of the sea where there is no beach, whichever is the greater distance.
(2)Developments A development approved by the local government not included within paragraph (1) that are is located on tidelands, submerged lands, public trust lands, within 100 feet of any wetland, estuary, or stream, or within 300 feet of the top of the seaward face of any a coastal bluff.
(3)Developments A development approved by the local government not included within paragraph (1) or (2) that are is located in a sensitive coastal resource area.
(4)Any A development approved by a coastal county that is not designated as the principal a permitted use under the zoning ordinance or zoning district map approved pursuant to Chapter 6 (commencing with Section 30500).
(5)Any development which A development that constitutes a major public works project or a major energy facility.
(b)(1)The grounds for an appeal pursuant to subdivision (a) shall be limited to an allegation that the development does not conform to the standards set forth in the certified local coastal program or the public access policies set forth in this division.
(2)The grounds for an appeal of a denial of a permit pursuant to paragraph (5) of subdivision (a) shall be limited to an allegation that the development conforms to the standards set forth in the certified local coastal program and the public access policies set forth in this division.
(c)Any An action described in subdivision (a) shall become final at the close of business on the 10th working day from the date of receipt by the commission of the notice of the local governments final action, unless an appeal is submitted within that time. Regardless of whether an appeal is submitted, the local governments action shall become final if an appeal fee is imposed pursuant to subdivision (d) of Section 30620 and is not deposited with the commission within the time prescribed.
(d)A local government taking an action on a coastal development permit shall send notification of its final action to the commission by certified mail or email within seven calendar days from the date of taking the action.
SEC. 4.The Legislature finds and declares that Section 1 of this act amending Section 65583 of the Government Code addresses a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 1 of this act applies to all cities, including charter cities.
SEC. 5.In regards to Section 2 of this act, the Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because the City and County of San Francisco is uniquely behind on state housing goals. The Department of Housing and Community Development issued a first-of-its-kind Policy and Practice Review that identified barriers to housing approvals and construction and provided required actions for the City and County of San Francisco, which included changing local permitting processes to more efficiently approve housing. Excluding land from the coastal zone in the City and County of San Francisco will better enable the region to meet housing goals. A general statute could unnecessarily alter coastal resource protections in other jurisdictions that do not require alterations to coastal zone permitting processes in an effort to comply with state housing law.
SEC. 6.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.
|
Date
|
Status
|
|---|---|
| Sep 27, 2024 | Chaptered by Secretary of State. Chapter 775, Statutes of 2024. |
| Sep 27, 2024 | Approved by the Governor. |
| Sep 9, 2024 | Enrolled and presented to the Governor at 3 p.m. |
| Aug 29, 2024 | Assembly amendments concurred in. (Ayes 38. Noes 0. Page 5684.) Ordered to engrossing and enrolling. |
| Aug 26, 2024 | In Senate. Concurrence in Assembly amendments pending. |
| Aug 26, 2024 | Read third time. Passed. (Ayes 76. Noes 0. Page 6523.) Ordered to the Senate. |
| Aug 22, 2024 | Ordered to third reading. |
| Aug 22, 2024 | Read third time and amended. |
| Aug 19, 2024 | Read second time. Ordered to third reading. |
| Aug 15, 2024 | From committee: Do pass. (Ayes 14. Noes 0.) (August 15). |
| Aug 7, 2024 | August 7 set for first hearing. Placed on suspense file. |
| Jun 27, 2024 | Read second time and amended. Re-referred to Com. on APPR. |
| Jun 26, 2024 | From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 9. Noes 0.) (June 26). |
| Jun 19, 2024 | Read second time and amended. Re-referred to Com. on H. & C.D. |
| Jun 18, 2024 | From committee: Do pass as amended and re-refer to Com. on H. & C.D. (Ayes 9. Noes 0.) (June 17). |
| Jun 5, 2024 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on NAT. RES. |
| Jun 3, 2024 | Referred to Coms. on NAT. RES. and H. & C.D. |
| May 22, 2024 | In Assembly. Read first time. Held at Desk. |
| May 21, 2024 | Read third time. Passed. (Ayes 37. Noes 0. Page 4088.) Ordered to the Assembly. |
| May 16, 2024 | Read second time. Ordered to third reading. |
| May 16, 2024 | From committee: Do pass. (Ayes 7. Noes 0. Page 3965.) (May 16). |
| May 10, 2024 | Set for hearing May 16. |
| Apr 29, 2024 | April 29 hearing: Placed on APPR suspense file. |
| Apr 22, 2024 | Set for hearing April 29. |
| Apr 17, 2024 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 10. Noes 0. Page 3633.) (April 16). Re-referred to Com. on APPR. |
| Apr 11, 2024 | Set for hearing April 16. |
| Apr 9, 2024 | From committee: Do pass and re-refer to Com. on HOUSING. (Ayes 10. Noes 0. Page 3532.) (April 9). Re-referred to Com. on HOUSING. |
| Apr 3, 2024 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on N.R. & W. |
| Mar 19, 2024 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on N.R. & W. |
| Mar 1, 2024 | Set for hearing April 9. |
| Feb 29, 2024 | Referred to Coms. on N.R. & W. and HOUSING. |
| Jan 19, 2024 | From printer. May be acted upon on or after February 18. |
| Jan 18, 2024 | Introduced. Read first time. To Com. on RLS. for assignment. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Aug 29, 2024 | Unfinished Business SB951 Wiener Concurrence | Senate Floor |
Passed |
|
| Aug 26, 2024 | SB 951 Wiener Senate Third Reading By Haney | Assembly Floor |
Passed |
|
| Aug 15, 2024 | Do pass. | Assembly Standing Committee on Appropriations |
Passed |
|
| Jun 26, 2024 | Do pass as amended and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Housing and Community Development |
Passed |
|
| Jun 17, 2024 | Do pass as amended and be re-referred to the Committee on [Housing and Community Development] | Assembly Standing Committee on Natural Resources |
Passed |
|
| May 21, 2024 | Senate 3rd Reading SB951 Wiener | Senate Floor |
Passed |
|
| May 16, 2024 | Do pass | Senate Standing Committee on Appropriations |
Passed |
|
| Apr 29, 2024 | Placed on suspense file | Senate Standing Committee on Appropriations |
Passed |
|
| Apr 16, 2024 | Do pass, but first be re-referred to the Committee on [Appropriations] | Senate Standing Committee on Housing |
Passed |
|
| Apr 9, 2024 | Do pass, but first be re-referred to the Committee on [Housing] | Senate Standing Committee on Natural Resources and Water |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| 350 Humboldt | ** Against | |
| Abundant Housing LA | ** Support | |
| Anti-Racist Action-LA | ** Against | |
| Azul | ** Against | |
| Bay Area Council | ** Support | |
| Biodiversity First! | ** Against | |
| California Apartment Association | ** Support | |
| California Association Of Realtors | ** Support | |
| California Cities for Local Control | ** Against | |
| California Coastal Protection Network | ** Against | |
| California Coastkeeper Alliance | ** Against | |
| California community builders | ** Support | |
| California Native Plant Society | ** Against | |
| Catalyst For Local Control | ** Against | |
| Center For Biological Diversity | ** Against | |
| Chiatri De Laguna Farm | ** Against | |
| City and County of San Francisco | ** Against | |
| City of Manhattan Beach | ** Against | |
| CivicWell | ** Support | |
| CleanEarth4Kids | ** Against | |
| Climate Action California | ** Against | |
| Coalition for San Francisco Neighborhoods | ** Against | |
| Coastal San Pedro Neighborhood Council | ** Against | |
| Coastwalk | ** Against | |
| Defenders Of Wildlife | ** Against | |
| East Area Progressive Democrats | ** Against | |
| East Bay YIMBY | ** Support | |
| Endangered Habitats League | ** Against | |
| Environment California | * Neutral | Apr 9, 2024 |
| Environmental Action Committee of West Marin | ** Against | |
| Environmental Center of San Diego | ** Against | |
| Environmental Defense Center | ** Against | |
| Environmental Protection Information Center | ** Against | |
| Gaviota Coast Conservancy | ** Against | |
| Grow the Richmond | ** Support | |
| Housing Action Coalition | ** Support | |
| How to ADU | ** Support | |
| Humboldt Waterkeeper | ** Against | |
| Idle No More Venice | ** Against | |
| LA Waterkeeper | ** Against | |
| League Of California Cities | ** Against | |
| Lighthouse Public Affairs | * Support | Apr 16, 2024 |
| Livable California | ** Against | |
| Los Cerritos Wetlands Land Trust | ** Against | |
| Mission Street Neighbors | ** Against | |
| Mountain View YIMBY | ** Support | |
| Napa-Solano for Everyone | ** Support | |
| Northern Neighbors | ** Support | |
| NRDC | * Neutral | Apr 9, 2024 |
| Numerous individuals | ** Against | |
| Orange County Coastkeeper | ** Against | |
| Peninsula for Everyone | ** Support | |
| People For Housing Orange County | ** Support | |
| Progress Noe Valley | ** Support | |
| Residents for Responsible Desalination | ** Against | |
| Salted Roots | ** Against | |
| San Francisco Board of Supervisors | ** Against | |
| San Francisco Yimby | ** Support | |
| San Luis Obispo Mothers for Peace | ** Against | |
| San Luis Obispo Yimby | ** Support | |
| Santa Cruz Climate Action Network | ** Against | |
| Santa Cruz Yimby | ** Support | |
| Santa Rosa Yimby | ** Support | |
| Save Lafayette | ** Against | |
| Sea And Sage Audubon Society | ** Against | |
| Sierra Club California | ** Against | |
| SoCal 350 Climate Action | ** Against | |
| Social Eco Education | ** Against | |
| Society of Nations | ** Against | |
| Society of Native Nations | ** Against | |
| South Bay Yimby | ** Support | |
| Southern California Watershed Alliance | ** Against | |
| Southside Forward | ** Support | |
| SPUR | ** Support | |
| Streets for People | ** Support | |
| Sunset-Parkside Education and Action Committee | ** Against | |
| Surfrider Foundation | ** Against | |
| The Phoenix Group | ** Against | |
| Transformative Wealth Management, LLC | ** Against | |
| united neighborhoods for los angeles | ** Against | |
| Urban Environmentalists | ** Support | |
| Venice Beach Hotel | ** Against | |
| Ventura County YIMBY | ** Support | |
| Wholly H2O | ** Against | |
| Wine & Water Watch | ** Against | |
| Yimby Action | ** Support |
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB 951 |
UNFINISHED BUSINESS
Bill No: SB 951
Author: Wiener (D)
Amended: 8/22/24
Vote: 21
SENATE NATURAL RES. & WATER COMMITTEE: 10-0, 4/9/24
AYES: Min, Seyarto, Allen, Dahle, Eggman, Grove, Hurtado, Laird, Padilla, Stern
NO VOTE RECORDED: Limón
SENATE HOUSING COMMITTEE: 10-0, 4/16/24
AYES: Skinner, Ochoa Bogh, Blakespear, Caballero, Cortese, Menjivar, Padilla, Seyarto, Umberg, Wahab
SENATE APPROPRIATIONS COMMITTEE: 7-0, 5/16/24
AYES: Caballero, Jones, Ashby, Becker, Bradford, Seyarto, Wahab
SENATE FLOOR: 37-0, 5/21/24
AYES: Alvarado-Gil, Archuleta, Ashby, Atkins, Becker, Blakespear, Bradford, Caballero, Cortese, Dahle, Dodd, Durazo, Eggman, Glazer, Gonzalez, Grove, Hurtado, Jones, Laird, McGuire, Menjivar, Min, Newman, Nguyen, Niello, Ochoa Bogh, Padilla, Roth, Rubio, Seyarto, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener, Wilk
NO VOTE RECORDED: Allen, Limón, Portantino
ASSEMBLY FLOOR: 76-0, 8/26/24 - See last page for vote
SUBJECT: California Coastal Act of 1976: coastal zone: coastal development
SOURCE: Author
DIGEST:
This bill clarifies one of the bases to appeal a local jurisdiction’s approval of a coastal development permit to the California Coastal Commission, and authorizes local government notification of final action on a coastal development permit to the California Coastal Commission by electronic mail, among other provisions, as provided.
Assembly Amendments
remove housing element provisions, revise the basis for the need for a special statute, and provide for notification via electronic mail, as provided.
ANALYSIS:
Existing law:
- Establishes the California Coastal Commission (Coastal Commission) in the California Natural Resources Agency.
- Pursuant to the California Coastal Act of 1976 (Coastal Act) (Public Resources Code (PRC) §§30000 et seq.), includes legislative findings and declarations that:
- The coastal zone is a distinct and valuable natural resource of vital and enduring interest to all the people, the permanent protection of the state’s natural and scenic resources is a paramount concern to present and future residents, and existing uses and future developments are carefully planned and developed consistent with the Coastal Act are essential to the economic and social well-of the people of the state (PRC §30001).
- The basic goals of the state for the coastal zone include to:
- Protect, maintain, and, where feasible, enhance and restore the overall quality of the coastal zone environment and its natural and artificial resources,
- Ensure orderly, balanced utilization and conservation of coastal zone resources taking into account the social and economic needs of the people of the state, and
- Maximize public access to and along the coast and maximize public recreational opportunities in the coastal zone consistent with sound resources conservation principles and constitutionally protected rights of private property owners, among other things (PRC §30001.5).
- Provides for the planning and regulation of development within the coastal zone, as defined.
- A person planning to perform or undertake any development in the coastal zone is required to obtain a coastal development permit (CDP) from the Coastal Commission or local government enforcing a certified local coastal program (LCP). (PRC §30600)
- Development means, among other things, the placement or erection of any solid material or structure on land or in water. Structure means building, road, pipe, flume, conduit, and electrical power transmission and distribution lines, among other things. (PRC §30106)
- The coastal zone means the coastal land and waters of California, and includes the lands that extend inland generally 1,000 yards from the mean high tide line, as specified, with various exceptions including the San Francisco Bay (PRC §30103).
- A person planning to perform or undertake any development in the coastal zone is required to obtain a coastal development permit (CDP) from the Coastal Commission or local government enforcing a certified local coastal program (LCP). (PRC §30600)
- Requires a local government in the coastal zone to prepare a LCP. Requires the precise content of the LCP to be determined by the local government in full consultation with the Coastal Commission and with full public participation. (PRC §30500). Provides for LCPs to be amended by the local government, but the amendment does not take effect until certified by the Coastal Commission (PRC §30514).
- Prohibits the Coastal Commission from exercising its review authority over any new development within the area to which the certified LCP, or any portion thereof, applies (PRC §30519).
- Authorizes the appeal to the Coastal Commission of only the following developments approved by a local government with a certified LCP:
- Development between the sea and the first public road paralleling the sea or within 300 feet of the beach or mean high tideline, as provided.
- Development on certain tidelands, submerged lands, public trust lands, within 100 feet of any wetland, estuary or stream, or within 300 feet of the top of the seaward face of any coastal bluff.
- Developments in sensitive coastal areas other than those described in a) and b), as provided.
- Development approved by a coastal county that is not designated as a principal permitted use, as provided.
- Development that is a major public works or a major energy facility (PRC §30603).
- Requires that the standard of review used by the Coastal Commission for the appeal of certain local jurisdiction-issued CDPs is the applicable certified LCP or public access policies, as provided (PRC §30603).
- Requires that a local government action becomes final at the close of business on the 10th working day from the date of receipt by the Coastal Commission of the notice of the local government’s final action, unless an appeal is submitted within that time, as provided. Requires a local government to send notice of its final action on a CDP to the Coastal Commission by certified mail (PRC §30603).
This bill clarifies one of the bases to appeal a local jurisdiction’s approval of a coastal development permit to the Coastal Commission, and authorizes local government notification of final action on a coastal development permit to the Coastal Commission by electronic mail, among other provisions, as provided.
Specifically, this bill:
- Provides that, after certification of its local coastal program, an action taken by a local government on a coastal development permit application may not be appealed to the commission for a development approved by a coastal county that is not designated the principal permitted use under the zoning ordinance or zoning district map if the local government is a city and a county.
- Authorizes a local government taking action on a coastal development permit to send notification of its final action to the commission by electronic mail, in addition to certified mail.
- Requires that this notification be sent from a verifiable local government electronic mail account and received in a electronic mailbox designated by the commission, as provided.
- Clarifies that a notice received by electronic mail after the close of business is considered received on the next working day.
- Makes legislative findings and declarations justifying the need for a special statute, as provided, and additional minor technical changes.
(NOTE: Additional information may be found in the policy bill analyses written by the Senate Natural Resources and Water, and Housing Committees.)
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No
According to the Assembly floor analysis, the fiscal effect is unknown.
SUPPORT: (Verified 8/26/24)
Abundant Housing LA
Bay Area Council
California Apartment Association
California Association of Realtors
California Community Builders
CivicWell
East Bay YIMBY
Grow the Richmond
Housing Action Coalition
How to ADU
Mountain View YIMBY
Napa-Solano for Everyone
Northern Neighbors
Peninsula for Everyone
People for Housing Orange County
Progress Noe Valley
San Francisco YIMBY
San Luis Obispo YIMBY
Santa Cruz YIMBY
Santa Rosa YIMBY
South Bay YIMBY
Southside Forward
Streets for People
SPUR
Urban Environmentalists
Ventura County YIMBY
YIMBY Action
OPPOSITION: (Verified 8/26/24)
California Cities for Local Control
Catalysts for Local Control
City and County of San Francisco
City of Manhattan Beach
Coalition for San Francisco Neighborhoods
East Area Progressive Democrats
Livable California
Mission Street Neighbors
Save Lafayette
Sunset-Parkside Education and Action Committee
United Neighborhoods for Los Angeles
ARGUMENTS IN SUPPORT: According to the author, “SB 951 refines the California Coastal Commission’s role in local permitting and housing element compliance while maintaining full coastal resource protection. California is facing a severe housing crisis, which is particularly acute in San Francisco. San Francisco has the longest housing approvals process in the state and recently faced an historic audit. SB 951 clarifies that the Commission cannot appeal a project based solely on use, if that use is permitted within a local coastal program (LCP). Given LCPs are approved by the Commission, all listed uses, not just the principal use, should not be subject to appeal. These changes will ensure San Francisco, and other jurisdictions, have the tools needed to comply with state housing law.”
ARGUMENTS IN OPPOSITION: Recent author amendments respond specifically to concerns raised in some letters of opposition, and removed some opposition. Earlier amendments also reduced opposition. Some opponents, such as the Coalition for San Francisco Neighborhoods, raise concerns about “state attempts to override the Coastal Act and the California Coastal Commission’s [role].”
ASSEMBLY FLOOR: 76-0, 8/26/24
AYES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Chen, Connolly, Megan Dahle, Davies, Dixon, Essayli, Flora, Mike Fong, Friedman, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, Mathis, McCarty, McKinnor, Stephanie Nguyen, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Luz Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Robert Rivas
NO VOTE RECORDED: Cervantes, Muratsuchi, Ortega
Prepared by: Katharine Moore / N.R. & W. / (916) 651-4116
8/27/24 11:33:08
**** END ****
SENATE THIRD READING
STR Bill Id:SB 951
Author:(Wiener)
As Amended Ver:August 22, 2024
Majority vote
SUMMARY
Prohibits, after certification of its local coastal plan (LCP), an action taken by a local government on a coastal development permit (CDP) application to be appealed to the California Coastal Commission (Commission) for projects by a local government that is both a city and county. The City and County of San Francisco is the only local government that is covered under this definition.
Major Provisions
COMMENTS
The Coastal Act allows an action taken by a local government on a CDP application to be appealed to the Commission, on the grounds the action is inconsistent with the LCP or public access laws, on certain types of development, including those in designated areas between the sea and the first public road; developments located on tidelands, submerged lands, public trust lands, within 100 feet of any wetland, estuary, or stream, or within 300 feet of the top of the seaward face of any coastal bluff; developments located in a sensitive coastal resource area; and, major public works project or a major energy facility.
The author states that the Commission's ability to appeal projects is partly dependent on whether a project's use is within the principally permitted uses of a parcel, as defined in the LCP. However, the author believes the Commission's interpretation leads to a situation where if a parcel is permitted for both commercial and residential uses, and a project seeks to alter a parcel from commercial use to residential use, the Commission may file a months-long appeal, even though both the former and the proposed use are allowed by the Commission-approved LCP. Given that modern zoning often includes various uses, this interpretation can restrict the ability of local governments to swiftly move forward on projects that are within the listed permitted uses.
According to the Author
SB 951 clarifies that the Commission cannot appeal a project based solely on use, if that use is permitted within a LCP. Given LCPs are approved by the Commission, all listed uses, not just the principal use, should not be subject to appeal. These changes will ensure San Francisco have the tools needed to comply with state housing law.
Arguments in Support
The California Home Building Alliance (HBA) writes in support of Senate Bill (SB) 951. SB 951 will refine the role that the California Coastal Commission (Commission) plays in the process of housing element compliance. These changes will ensure local governments can retain control necessary to progress on housing production goals.
Arguments in Opposition
The City and County of San Francisco writes that SB 951 will reduce the geographic jurisdiction of the California Coastal Commission along the Coastline in San Francisco County, and undermine the City's and County's decades of environmental planning collaboration with the Coastal Commission and community stakeholders, to will weaken the Coastal Commission's authority to promote coastal resiliency. In the 52 years since the Commission was established, only two San Francisco appeals of LCPs have ever been filed.
FISCAL COMMENTS
Unknown.
VOTES
SENATE FLOOR: 37-0-3
YES: Alvarado-Gil, Archuleta, Ashby, Atkins, Becker, Blakespear, Bradford, Caballero, Cortese, Dahle, Dodd, Durazo, Eggman, Glazer, Gonzalez, Grove, Hurtado, Jones, Laird, McGuire, Menjivar, Min, Newman, Nguyen, Niello, Ochoa Bogh, Padilla, Roth, Rubio, Seyarto, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener, Wilk
ABS, ABST OR NV: Allen, Limón, Portantino
ASM NATURAL RESOURCES: 9-0-2
YES: Bryan, Flora, Bauer-Kahan, Friedman, Hoover, Kalra, Lackey, Pellerin, Wicks
ABS, ABST OR NV: Muratsuchi, Wood
ASM HOUSING AND COMMUNITY DEVELOPMENT: 9-0-0
YES: Ward, Joe Patterson, Grayson, Kalra, Lee, Quirk-Silva, Reyes, Sanchez, Wilson
ASM APPROPRIATIONS: 14-0-1
YES: Wicks, Sanchez, Arambula, Bryan, Calderon, Wendy Carrillo, Dixon, Mike Fong, Grayson, Haney, Hart, Pellerin, Ta, Villapudua
ABS, ABST OR NV: Jim Patterson
UPDATED
VERSION: August 22, 2024
CONSULTANT: Paige Brokaw / NAT. RES. / (916) 319-2092 FN: 0004408
SENATE THIRD READING
STR Bill Id:SB 951
Author:(Wiener)
As Amended Ver:June 27, 2024
Majority vote
SUMMARY
Applies specified rezoning standards for any necessary local coastal program (LCP) updates for jurisdictions located within the Coastal Zone, and exempts a local government that is both a city and county from the provision relating to the appeal of developments approved by a coastal county.
Major Provisions
- Requires, for a jurisdiction within the Coastal Zone that has not identified adequate sites to accommodate the locality's housing need for a designated income level, completion of any necessary LCP amendments related to land use designations, changes in intensity of land use, zoning ordinances, or zoning district maps.
- Prohibits, after certification of its LCP, an action taken by a local government on a coastal development permit (CDP) application to be appealed to the California Coastal Commission (Commission) for projects by a local government that is both a city and county. (The City and County of San Francisco is the only local government that is covered under this definition.)
- Finds and declares that the proposed changes to the Planning and Zoning law addresses a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 1 of this bill applies to all cities, including charter cities.
COMMENTS
Generally, any development activity in the Coastal Zone requires a CDP from the Commission or local government with a certified LCP. LCPs are a local government's a) land use plans, b) zoning ordinances, c) zoning district maps, and d) sensitive coastal resources areas, which, when taken together, meet the requirements of, and implement the provisions and policies of, the Coastal Act at the local level.
Under the Planning and Zoning Law, each local government must adopt a housing element as a portion of their general plan. This housing element helps local governments plan for their future housing supply, and can, in certain circumstances, require a jurisdiction to rezone land and increase their zoned capacity to allow an adequate supply of housing. Misalignment between the state-mandated timeline for rezoning and the Commission's review process can result in local governments falling out of compliance with either housing element law or the Coastal Act.
This bill provides that updates to LCPs originating from required rezonings under housing element law must be completed on the same timeline as the rezoning itself. According to the author, this change creates a timeline, typically one to three years, for both compliance with the relevant housing element programs as well as compliance with the Coastal Act.
Further, this bill exempts the City and County of San Francisco from a specified appeal process. According to the author, the affordable housing shortage is particularly acute in San Francisco, which has the longest housing approvals process in the state by far and recently faced a historic state audit of its broken housing approvals process. As the city works to meet its state housing goal of producing 82,000 homes over the next eight years, it needs authority over permitting in the urbanized areas where affordable housing is most needed. Therefore, the author is proposing this unique exemption for San Francisco.
According to the Author
SB 951 will refine the California Coastal Commission's role in local permitting and housing element compliance while maintaining full coastal resource protection. California is facing a severe housing crisis, which is particularly acute in San Francisco. San Francisco has the longest housing approvals process in the state and recently faced an historic audit. SB 951 mandates that LCPs amendments originating from rezonings under housing element law must be completed on the same timeline as the rezoning itself, providing synchronicity with housing element law and Coastal Act compliance.SB 951 also clarifies that the Commission cannot appeal a project based solely on use, if that use is permitted within a LCP. Given LCPs are approved by the Commission, all listed uses, not just the principal use, should not be subject to appeal. These changes will ensure San Francisco, and other jurisdictions, have the tools needed to comply with state housing law.
Arguments in Support
California Home Building Alliance writes in support, "While the Coastal Commission's actions are a national model for resource conservation, their engagement in dense, urbanized areas, and their role in housing permitting has shown to be an issue for meeting state housing and climate goals. To address this, SB 951 alters their jurisdiction in two ways: SB 951 mandates that updates to LCPs originating from required rezonings under housing element law must be completed on the same timeline as the rezoning itself. This change creates a timeline, typically one to three years, for both compliance with the relevant housing element programs as well as compliance with the Coastal Act."
Arguments in Opposition
The City and County of San Francisco writes that SB 951 will reduce the geographic jurisdiction of the California Coastal Commission along the Coastline in San Francisco County, and undermine the City's and County's decades of environmental planning collaboration with the Coastal Commission and community stakeholders, to will weaken the Coastal Commission's authority to promote coastal resiliency. In the 52 years since the Commission was established, only two San Francisco appeals of LCPs have ever been filed.
FISCAL COMMENTS
According to the Assembly Appropriations Committee, the Commission reports General Fund costs estimated at $1,775,000 annually ongoing for eight permanent full-time positions to process housing element-related LCP amendments for all 76 local jurisdictions in the Coastal Zone as those jurisdictions cyclically update their housing elements. The Commission further reports that this funding could be ramped up over three years, with $533,000 needed in the first year, an additional $621,000 in the second year, and an additional $621,000 in the third year to total $1,775,000 ongoing.
VOTES
SENATE FLOOR: 37-0-3
YES: Alvarado-Gil, Archuleta, Ashby, Atkins, Becker, Blakespear, Bradford, Caballero, Cortese, Dahle, Dodd, Durazo, Eggman, Glazer, Gonzalez, Grove, Hurtado, Jones, Laird, McGuire, Menjivar, Min, Newman, Nguyen, Niello, Ochoa Bogh, Padilla, Roth, Rubio, Seyarto, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener, Wilk
ABS, ABST OR NV: Allen, Limón, Portantino
ASM NATURAL RESOURCES: 9-0-2
YES: Bryan, Flora, Bauer-Kahan, Friedman, Hoover, Kalra, Lackey, Pellerin, Wicks
ABS, ABST OR NV: Muratsuchi, Wood
ASM HOUSING AND COMMUNITY DEVELOPMENT: 9-0-0
YES: Ward, Joe Patterson, Grayson, Kalra, Lee, Quirk-Silva, Reyes, Sanchez, Wilson
ASM APPROPRIATIONS: 14-0-1
YES: Wicks, Sanchez, Arambula, Bryan, Calderon, Wendy Carrillo, Dixon, Mike Fong, Grayson, Haney, Hart, Pellerin, Ta, Villapudua
ABS, ABST OR NV: Jim Patterson
UPDATED
VERSION: June 27, 2024
CONSULTANT: Paige Brokaw / NAT. RES. / (916) 319-2092 FN: 0004070
Date of Hearing: August 7, 2024
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Buffy Wicks, Chair
SBPCA Bill Id:SB 951
Author:(Wiener) – As Amended Ver:June 27, 2024
Policy Committee: | Natural Resources | Vote: | 9 - 0 |
Housing and Community Development | 9 - 0 | ||
|
|
Urgency: No State Mandated Local Program: Yes Reimbursable: No
SUMMARY:
This bill applies the same timeframes as required in Housing Element Law for a local government to complete any required rezonings to Local Coastal Program (LCP) updates for local governments in the coastal zone and exempts San Francisco from the provision relating to the appeal of developments approved by a coastal county.
Specifically, this bill:
- Requires, for a jurisdiction within the Coastal Zone that has not identified adequate sites to accommodate the locality’s housing need for a designated income level, completion of any necessary LCP amendments related to land use designations, changes in intensity of land use, zoning ordinances, or zoning district maps.
- For any project by a local government that is both a city and a county, and after that local government certifies its LCP, prohibits appeal to the Coastal Commission of an action taken by the local government on a Coastal Development Permit (CDP) application. (San Francisco is the only local government that is both a city and county.)
- Specifies processes for electronic submission to the Coastal Commission of action on a CDP.
- Finds and declares provision of adequate housing, in light of the severe shortage of housing at all income levels in this state, is a matter of statewide concern and is not a municipal affair, making Section 1 of this bill apply to all cities, including charter cities.
FISCAL EFFECT:
The Coastal Commission reports General Fund costs estimated at $1,775,000 annually ongoing for eight permanent full-time positions to process housing element-related LCP amendments for all 76 local jurisdictions in the coastal zone as those jurisdictions cyclically update their housing elements. The Coastal Commission further reports that this funding could be ramped up over three years, with $533,000 needed in the first year, an additional $621,000 in the second year, and an additional $621,000 in the third year to total $1,775,000 ongoing.
According to the Legislative Analyst’s Office, the General Fund faces a structural deficit in the tens of billions of dollars over the next several fiscal years.
COMMENTS:
- Purpose. According to the author:
SB 951 will refine the California Coastal Commission’s role in local permitting and housing element compliance while maintaining full coastal resource protection. California is facing a severe housing crisis, which is particularly acute in San Francisco. San Francisco has the longest housing approvals process in the state and recently faced an historic audit.
SB 951 mandates that LCPs amendments originating from rezonings under housing element law must be completed on the same timeline as the rezoning itself, providing synchronicity with housing element law and Coastal Act compliance. SB 951 also clarifies that the Commission cannot appeal a project based solely on use, if that use is permitted within a local coastal program (LCP). Given LCPs are approved by the Commission, all listed uses, not just the principal use, should not be subject to appeal. These changes will ensure San Francisco, and other jurisdictions, have the tools needed to comply with state housing law.
- Background. Existing law requires each city and county to plan for new housing with a housing element in its General Plan, which must demonstrate how the community plans to accommodate its Regional Housing Needs Allocation (RHNA). Jurisdictions have certain time frames to complete any required zoning to accommodate their RHNAs and address other barriers to their housing plans. In addition to rezoning to accommodate housing need, coastal jurisdictions must complete LCP updates to reflect the latest land use and planning requirements. If a local government completes its housing element rezonings, but does not update its LCP, it faces the risk of falling out of compliance with the Coastal Act. Housing Element Law is currently silent on the timelines in which coastal jurisdictions have to update their LCPs in relation to their housing element updates, but requires standard rezoning outside of the Coastal Zone to be complete within one to three years.
This bill would change that by aligning the LCP update timelines with the requirements for rezoning in Housing Element Law. In doing so, it would require the changes necessary to truly implement a housing element in the Coastal Zone to occur on the same timelines for jurisdictions located outside of the Coastal Zone. This would promote alignment between local efforts to implement adopted and compliant housing elements and the two state entities responsible for reviewing and approving local action related to implementing housing elements in the Coastal Zone – the Department of Housing and Community Development and the Coastal Commission. This would align all long-range housing planning efforts (housing element updates, rezoning, and LCP updates) with the same timelines in coastal jurisdictions, and would help coastal jurisdictions stay in compliance with both the Housing Element Law and the Coastal Act.
Analysis Prepared by: Jacqueline Kinney / APPR. / (916) 319-2081
Date of Hearing: June 26, 2024
ASSEMBLY COMMITTEE ON HOUSING AND COMMUNITY DEVELOPMENT
Christopher M. Ward, Chair
SBPCA Bill Id:SB 951
Author:(Wiener) – As Amended Ver:June 19, 2024
SENATE VOTE: 37-0
SUBJECT: California Coastal Act of 1976: coastal zone: coastal development
SUMMARY: Applies the same timeframes as required in Housing Element Law for a local government to complete any required rezonings to Local Coastal Program (LCP) updates for local governments in the coastal zone. Exempts a local government that is both a city and county from the provision in the Public Resources Code (PRC) relating to the appeal of Coastal Development Permit (CDP) applications approved by a coastal county. Specifically, this bill:
- Requires LCP updates, for local governments in the Coastal Zone, to be completed in the same three-year period required for the completion of any necessary rezoning to accommodate the local governments’ regional housing needs allocation (RHNA) under Housing Element Law. For local governments in the Coastal Zone that fail to adopt a compliant housing element within 120 days of the statutory deadline, LCP updates must be completed in the same one year period as any required rezoning.
- Prohibits, after certification of its LCP, an action taken by a local government on a CDP application to be appealed to the California Coastal Commission (Coastal Commission) for projects by a local government in the City and County of San Francisco.
- Allows local governments taking action on a CDP to send notification of its final action to the Commission by electronic mail.
- Finds and declares that the proposed changes to the Planning and Zoning law address a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section the provisions described in in 1) applies to all cities, including charter cities.
- Finds and declares that, with respect to the proposed changes to the Coastal Act, a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the special circumstances of certain coastal areas of the state that are both a city and a county.
- Provides that no reimbursement is required by this bill pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this bill, within the meaning of Section 17556 of the Government Code.
EXISTING LAW:
- Establishes the Coastal Commission in the California Natural Resources Agency. (Public Resources Code (PRC) Section 30300 - 30900)
- Includes legislative findings and declarations that:
- The Coastal Zone is a distinct and valuable natural resource of vital and enduring interest to all the people, the permanent protection of the state’s natural and scenic resources is a paramount concern to present and future residents, and existing uses and future developments are carefully planned and developed consistent with the Coastal Act are essential to the economic and social well-of the people of the state (PRC 30001).
- The basic goals of the state for the Coastal Zone include tp:
- Protect, maintain, and, where feasible, enhance and restore the overall quality of the coastal zone environment and its natural and artificial resources;
- Ensure orderly, balanced utilization and conservation of coastal zone resources taking into account the social and economic needs of the people of the state; and
- Maximize public access to and along the coast and maximize public recreational opportunities in the coastal zone consistent with sound resources conservation principles and constitutionally protected rights of private property owners, among other things (PRC 30001.5).
- Provides for the planning and regulation of development within the Coastal Zone, as specified:
- A person planning to perform or undertake any development in the Coastal Zone is required to obtain a CDP from the Coastal Commission or local government enforcing a certified local coastal program (LCP). (PRC 30600)
- Development means, among other things, the placement or erection of any solid material or structure on land or in water. Structure means building, road, pipe, flume, conduit, and electrical power transmission and distribution lines, among other things. (PRC 30106)
- The Coastal Zone means the coastal land and waters of California, and includes the lands that extend inland generally 1,000 yards from the mean high tide line, as specified, with various exceptions including the San Francisco Bay (PRC 30103).
- A person planning to perform or undertake any development in the Coastal Zone is required to obtain a CDP from the Coastal Commission or local government enforcing a certified local coastal program (LCP). (PRC 30600)
- Requires a local government in the Coastal Zone to prepare a LCP. Requires the precise content of the LCP to be determined by the local government in full consultation with the Coastal Commission and with full public participation. (PRC §30500). Provides for LCPs to be amended by the local government, but the amendment does not take effect until certified by the Coastal Commission (PRC 30514).
- Prohibits the Coastal Commission from exercising its review authority over any new development within the area to which the certified LCP, or any portion thereof, applies (PRC 30519).
- Authorizes the appeal to the Coastal Commission of only the following developments approved by a local government with a certified LCP:
- Development between the sea and the first public road paralleling the sea or within 300 feet of the beach or mean high tideline, as provided.
- Development on certain tidelands, submerged lands, public trust lands, within 100 feet of any wetland, estuary or stream, or within 300 feet of the top of the seaward face of any coastal bluff.
- Developments in sensitive coastal areas other than those described in a) and b), as provided.
- Development approved by a coastal county that is not designated as a principal permitted use, as provided.
- Development that is a major public works or a major energy facility (PRC 30603).
- Requires that the standard of review used by the Coastal Commission for the appeal of certain local jurisdiction-issued CDPs is the applicable certified LCP or public access policies, as provided (PRC 30603).
- Requires a city or county to prepare and adopt a general plan for its jurisdiction that contains certain mandatory elements, including a housing element. (Government Code (GC) 65581)
- Requires the housing element to consist of an identification and analysis of existing and projected housing needs and a statement of goals, policies, quantified objectives, financial resources, and scheduled programs for the preservation, improvement and development of housing. (GC 65583)
- Requires the housing element to identify adequate sites for housing, including rental housing, factory-built housing, mobilehomes, and emergency shelters, among others. (GC 65583)
- Requires the housing element to contain an assessment of housing needs and an inventory of resources and constraints relevant to the meeting of those needs. (GC 65583)
- Requires rezoning, including adoption of minimum density and development standards, as specified, when an inventory of sites does not identify adequate sites to accommodate the need for groups of specified household income levels. Local governments that have an adopted and compliant housing element within 120 days of their statutory due date have three years from that deadline to complete any required rezoning. Local governments that miss their statutory due date must complete any required rezoning must be completed within one year of their statutory deadline. (GC 65583)
FISCAL EFFECT: Unknown.
COMMENTS:
Author’s Statement: According to the author, “SB 951 will refine the California Coastal Commission’s role in local permitting and housing element compliance while maintaining full coastal resource protection.
California is facing a severe housing crisis, which is particularly acute in San Francisco. San Francisco has the longest housing approvals process in the state and recently faced an historic audit.
SB 951 mandates that LCPs amendments originating from rezonings under housing element law must be completed on the same timeline as the rezoning itself, providing synchronicity with housing element law and Coastal Act compliance.
SB 951 also clarifies that the Commission cannot appeal a project based solely on use, if that use is permitted within a local coastal program (LCP). Given LCPs are approved by the Commission, all listed uses, not just the principal use, should not be subject to appeal.
These changes will ensure San Francisco, and other jurisdictions, have the tools needed to comply with state housing law.”
Statewide Housing Need: According to the Department of Housing and Community Development’s (HCD’s) 2022 Statewide Housing Plan Update,[1] California’s housing crisis is a half-century in the making. After decades of underproduction, supply is far behind need and housing and rental costs are soaring. As a result, millions of Californians must make hard decisions about paying for housing at the expense of food, health care, child care, and transportation, directly impacting quality of life in the state. One in three households in the state doesn’t earn enough money to meet their basic needs. In 2023, over 181,000 Californians experienced homelessness on a given night, with a sharp increase in the number of people who experienced homelessness for the first time.[2]
To meet this housing need, HCD determined that California must plan for more than 2.5 million new homes, and no less than one million of those homes must be affordable to lower-income households, in the 6th Regional Housing Needs Allocation (RHNA). This represents more than double the housing needed in the 5th RHNA cycle. As of June 18, 2024, in the 6th RHNA cycle, jurisdictions across the state have permitted the following:[3]
- 2.8% of the very low-income RHNA
- 6.6% of the low-income RHNA
- 5.3% of the moderate-income RHNA
- 16.3% of the above moderate-income RHNA
Development in the Coastal Zone: In 1976, the Legislature enacted the Coastal Act (Act), mandating that coastal counties manage the conservation and development of coastal resources through a comprehensive planning and regulatory program. The area that constitutes the Coastal Zone is defined by California's Public Resources Code. In significant coastal estuarine, habitat, and recreational areas, the Coastal Zone extends inland to the first major ridgeline paralleling the sea or five miles from the mean high tide line of the sea, whichever is less. In developed urban areas, the Coastal Zone generally extends inland less than 1,000 yards. The Coastal Zone does not include the area of jurisdiction of the San Francisco Bay Conservation and Development Commission, nor any area contiguous thereto, including any river, stream, tributary, creek, or flood control or drainage channel flowing into such area. California's coast is a vital natural resource and delicately balanced ecosystem, as well as an important economic and social resource for the state. However, not all of the Coastal Zone consists of natural resources; much of it encompasses developed urban areas, including affluent, high-opportunity coastal communities.
According to a 2015 analysis by the Legislative Analyst's Office, "far less housing has been built in California's coastal areas than people demand. As a result, households bid up the cost of housing in coastal regions. In addition, some of the unmet demand to live in coastal areas spills over into inland California, driving up prices there too. Second, land in California's coastal areas is expensive. Homebuilders typically respond to high land costs by building more housing units on each plot of land they develop, effectively spreading the high land costs among more units. In California's coastal metros, however, this response has been limited, meaning higher land costs have translated more directly into higher housing costs."
In partnership with coastal cities and counties, the Coastal Commission plans and regulates the use of land and water in the Coastal Zone. Development activities in the Coastal Zone generally require a special CDP from either the Commission, or the local government if the local government has a LCP that is certified by the Coastal Commission. Seventy-three percent of the Coastal Zone is currently governed by LCPs drafted by cities and counties, and certified by the Coastal Commission. In these certified jurisdictions, local governments issue CDPs with detailed planning and design standards. Permitting decisions made by a local government with an approved LCP can be appealed directly to the Coastal Commission in specified circumstances. In reviewing the CDP appeal, the Coastal Commission generally must defer to those standards outlined in the LCP. For the jurisdictions without LCPs – also known as "uncertified" jurisdictions –the Coastal Commission is still the permitting authority for CDPs. One exception to this is the City of Los Angeles, which implements the Act directly by issuing CDPs. However, every city-issued CDP can be appealed to the Coastal Commission.
This bill would state that, after certification of its LCP, an action taken by a local government on a CDP application may not be appealed to the Coastal Commission for a development approved by a coastal county that is not designated the principal permitted use under the zoning designation if the local government is a city and a county, or, in other words, if the local government is the City and County of San Francisco.
Adoption and Implementation of Housing Elements: One important tool in addressing the state’s housing crisis is to ensure that all of the state’s 539 cities and counties appropriately plan for new housing. Such planning is required through the housing element of each community’s General Plan, which outlines a long-term plan for meeting the community’s existing and projected housing needs. Cities and counties are required to update their housing elements every eight years in most of the high-population parts of the state, and five years in areas with smaller populations. Localities must adopt a legally valid housing element by their statutory deadline for adoption. Failure to do so can result in certain escalating penalties.
Among other things, the housing element must demonstrate how the community plans to accommodate its Regional Housing Needs Allocation (RHNA). Local jurisdictions must adopt legally compliant housing elements on time to meet statewide housing goals and create the environment for the construction of housing at all income levels. Unless communities plan for the production and preservation of housing, both in terms of land availability and implementing programs to facilitate housing production, new housing will be slow or extremely difficult to build. Adequate zoning, removal of regulatory barriers, protection of existing stock and targeting of resources are essential to obtaining a sufficient permanent supply of housing affordable to all economic segments of the community. Although it does not require the community to actually develop the housing, Housing Element Law requires the community to plan for it, and to implement those plans.
One-Year vs. Three-Year Rezone Allowance: Jurisdictions that adopt a substantially compliant housing element, as determined by HCD, on or before their statutory deadline have three years from either the date the housing element was adopted, or from the date that is 90 days after receipt of comments from HCD, whichever was earlier, to complete any required zoning to accommodate their RHNA. Jurisdictions that miss their statutory housing element deadlines must complete any required rezoning within one year of their deadline, or they will remain out of compliance with Housing Element Law until all required rezoning is complete and HCD finds their adopted housing element to be substantially compliant with Housing Element Law.
Alignment of Rezoning Timelines and LCP Updates: In addition to rezoning to accommodate housing need, as established in the RHNA, and to implement local housing elements, coastal jurisdictions also have to complete LCP updates to reflect the latest land use and planning requirements for the jurisdiction. If a local government completes its housing element rezonings, but does not update its LCP, it faces the risk of falling out of compliance with the Coastal Act. Housing Element Law is currently silent on the timelines in which coastal jurisdictions have to update their LCPs in relation to their housing element updates, but requires standard rezoning outside of the Coastal Zone to be complete within one to three years.
This bill would change that by aligning the LCP update timelines with the requirements for rezoning in Housing Element Law. In doing so, it would require the changes necessary to truly implement a housing element in the Coastal Zone to occur on the same timelines for jurisdictions located outside of the Coastal Zone. Specifically, this bill would require updates to LCPs originating from required rezonings under Housing Element Law to be completed in one to three years, so that the LCPs and the rezones are completed in tandem. This would promote alignment between local efforts to implement adopted and compliant housing elements and the two state entities responsible for reviewing and approving local action related to implementing housing elements in the Coastal Zone – HCD and the Coastal Commission. This would align all long-range housing planning efforts (housing element updates, rezoning, and LCP updates) with the same timelines in coastal jurisdictions, and would help coastal jurisdictions stay in compliance with both the Housing Element Law and the Coastal Act.
Arguments in Support: According to the Housing Action Coalition, “California is in the midst of a severe housing crisis, especially among communities in the coastal region. At the same time, we are seeing misalignment between state-mandates housing development timelines and the Commission’s permitting review process – causing local governments to fail to meet compliance with state law.
SB 951 will address this problem by altering current Commission practices as it relates to local coastal programs within the city and county of San Francisco.”
Arguments in Opposition: According to Livable California, “Livable California recognizes the need for California to construct more affordable housing, but addressing affordable housing needs in the Coastal Zone is not made any easier by this bill. What is not needed is a law that gives HCD a sledgehammer to wield to force housing construction in the Coastal Zone, when that housing is unlikely to be affordable.”
Related Legislation:
AB 1398 (Bloom), Chapter 358, Statutes of 2021 — required cities and counties that fail to adopt a legally compliant housing element within 120 days of the statutory deadline, to complete a rezone program within one year instead of the current three-year requirement.
Committee Amendments: The Committee may wish to consider the following amendment as it pertains to making this bill a matter of statewide concern:
The Legislature finds and declares that Section 1 of this act amending Section 65583 of the Government Code addresses a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 1 of this act applies to all cities, including charter cities.
The Legislature finds and declares that the provision of adequate housing, in light of the severe shortage of housing at all income levels in this state, is a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 1 of this act applies to all cities, including charter cities.
Double referred: This bill is double referred. It was heard in the Assembly Committee on Natural Recourses and passed on a vote of 9-0 on June 17, 2024.
REGISTERED SUPPORT / OPPOSITION:
Support
Abundant Housing LA
Bay Area Council
California Apartment Association
California Association of Realtors
California Community Builders
CivicWell
East Bay YIMBY
Grow the Richmond
Housing Action Coalition
How to ADU
Mountain View YIMBY
Napa-Solano for Everyone
Northern Neighbors
Peninsula for Everyone
People for Housing Orange County
Progress Noe Valley
San Francisco YIMBY
San Luis Obispo YIMBY
Santa Cruz YIMBY
Santa Rosa YIMBY
South Bay YIMBY
Southside Forward
SPUR
Streets for People
Urban Environmentalists
Ventura County YIMBY
YIMBY Action
Opposition
Catalyst for Local Control
City of Encinitas
Mission Street Neighbors
Livable California
Save Lafayette
Supervisor Aaron Peskin, District 3, City & County of San Francisco
Oppose Unless Amended
City of Oceanside
Analysis Prepared by: Dori Ganetsos / H. & C.D. / (916) 319-2085
California Department of Housing and Community Development, A Home for Every Californian: 2022 Statewide Housing Plan. March 2022, https://storymaps.arcgis.com/stories/94729ab1648d43b1811c1698a748c136 ↑
U.S. Department of Housing and Urban Development, Point in Time Counts. https://www.huduser.gov/portal/datasets/ahar/2023-ahar-part-1-pit-estimates-of-homelessness-in-the-us.html ↑
Data pulled from HCD’s “APR Dashboard”: https://www.hcd.ca.gov/planning-and-community-development/housing-open-data-tools/housing-element-implementation-and-apr-dashboard. 2022 data will continue to be added through June 30, 2024. ↑
Date of Hearing: June 17, 2024
ASSEMBLY COMMITTEE ON NATURAL RESOURCES
Isaac G. Bryan, Chair
SBPCA Bill Id:SB 951
Author:(Wiener) – As Amended Ver:June 5, 2024
SENATE VOTE: 37-0
SUBJECT: California Coastal Act of 1976: Coastal Zone: coastal development.
SUMMARY: Applies specified rezoning standards for any necessary local coastal program (LCP) updates for jurisdictions located within the Coastal Zone and exempts a local government that is both a city and county from the provision relating to the appeal of developments approved by a coastal county.
EXISTING LAW:
Pursuant to the Planning and Zoning Law (Government Code (GC) 65000 et seq.):
- Requires the housing element to consist of an identification and analysis of existing and projected housing needs and a statement of goals, policies, quantified objectives, financial resources, and scheduled programs for the preservation, improvement, and development of housing. (GC 65583)
- Requires, among other things, in order to make adequate provision for the housing needs of all economic segments of the community, the program to identify actions that will be taken to make sites available, and, where the inventory of sites does not identify adequate sites to accommodate the need for groups of all household income levels rezoning of those sites, including adoption of minimum density and development standards, for jurisdictions with an eight-year housing element planning period, to be completed no later than three years after either the date the housing element is adopted or the date that is 90 days after receipt of comments from the department, whichever is earlier, unless the deadline is extended. (GC 65583(c)(1)(A))
Pursuant to the California Coastal Act (Coastal Act) (Public Resources Code (PRC) 30000 et seq.):
- Requires any person wishing to perform or undertake any development in the Coastal Zone, in addition to obtaining any other permit required by law from any local government or from any state, regional, or local agency, to obtain a coastal development permit (CDP). (PRC 30600)
- Requires each local government lying, in whole or in part, within the Coastal Zone to prepare an LCP for that portion of the Coastal Zone within its jurisdiction. Authorizes any local government to request, in writing, the California Coastal Commission (Commission) to prepare an LCP or a portion thereof, for the local government. (PRC 30500)
- Provides that no LCP is required to include housing policies and programs. (PRC 30500.1)
- Defines “development” to mean, among other things, the placement or erection of any solid material or structure on land or in water. “Structure” includes, but is not limited to, any building, road, pipe, flume, conduit, siphon, aqueduct, telephone line, and electrical power transmission and distribution line. (PRC 30106)
- Authorizes, after certification of its LCP, an action taken by a local government on a CDP application to be appealed to the Commission for only the following types of developments:
- Developments approved by the local government between the sea and the first public road paralleling the sea or within 300 feet of the inland extent of any beach or of the mean high tideline of the sea where there is no beach, whichever is the greater distance;
- Developments approved by the local government not included within (a) that are located on tidelands, submerged lands, public trust lands, within 100 feet of any wetland, estuary, or stream, or within 300 feet of the top of the seaward face of any coastal bluff;
- Developments approved by the local government not included within paragraph (a) or (b) that are located in a sensitive coastal resource area;
- Any development approved by a coastal county that is not designated as the principal permitted use under the zoning ordinance or approved zoning district map; or,
- Any development which constitutes a major public works project or a major energy facility. (PRC 30603)
- Provides that it is important for the Commission to encourage the protection of existing and the provision of new affordable housing opportunities for persons of low- and moderate-income in the Coastal Zone. (PRC 30604 (g))
THIS BILL:
- Requires, for a jurisdiction within the Coastal Zone that has not identified adequate sites to accommodate the locality’s housing need for a designated income level, completion of any necessary LCP amendments related to land use designations, changes in intensity of land use, zoning ordinances, or zoning district maps.
- Prohibits, after certification of its LCP, an action taken by a local government on a CDP application to be appealed to the Commission for projects by a local government that is both a city and county. (The City and County of San Francisco is the only local government that is covered under this definition.)
- Finds and declares that the proposed changes to the Planning and Zoning law addresses a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 1 of this bill applies to all cities, including charter cities.
- Finds and declares that, with respect to the proposed changes to the Coastal Act, a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the special circumstances of certain coastal areas of the state that are both a city and a county.
- Provides that no reimbursement is required by this bill pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this bill, within the meaning of Section 17556 of the Government Code.
FISCAL EFFECT: According to the Senate Appropriations Committee, this bill will result in unknown, but likely significant ongoing costs, potentially up to $2 million annually (General Fund), for the Commission to work directly with the Department of Housing and Community Development (HCD) and the coastal cities and counties within each district to pre-coordinate on necessary zoning designation changes in the Coastal Zone, and coordinate on the preparation of LCP amendments. Additional unknown, potentially significant ongoing costs (General Fund) for HCD to work closely with the Commission and implement the provisions of this bill.
COMMENTS:
- Author’s statement:
SB 951 will refine the California Coastal Commission’s role in local permitting and housing element compliance while maintaining full coastal resource protection. California is facing a severe housing crisis, which is particularly acute in San Francisco. San Francisco has the longest housing approvals process in the state and recently faced an historic audit. SB 951 mandates that LCPs amendments originating from rezonings under housing element law must be completed on the same timeline as the rezoning itself, providing synchronicity with housing element law and Coastal Act compliance.SB 951 also clarifies that the Commission cannot appeal a project based solely on use, if that use is permitted within a LCP. Given LCPs are approved by the Commission, all listed uses, not just the principal use, should not be subject to appeal. These changes will ensure San Francisco, and other jurisdictions, have the tools needed to comply with state housing law.
- California’s housing crisis. After decades of underproduction, housing supply is far behind need and housing and rental costs are soaring. Only 27% of households can afford to purchase the median priced single-family home – 50% less than the national average. More than half of renters, and 80% of low-income renters, are rent-burdened, meaning they pay more than 30% of their income towards rent.
HCD has determined that California must plan for more than 2.5 million new homes, and no less than one million of those homes must be affordable to lower-income households, in the 6th Regional Housing Needs Allocation (RHNA). This represents more than double the housing needed in the 5th RHNA cycle and would require production of more than 300,000 units a year. By contrast, housing production in the past decade has been less than 100,000 units per year – including less than 10,000 units of affordable housing per year.
According to the Senate Housing Committee analysis, California’s high and rising and costs necessitate dense housing construction for a project to be financially viable and for the housing to ultimately be affordable to lower-income households. Yet, recent trends in California show that new housing has not commensurately increased in density. Higher density housing is a critical part of the solution as having multiple living units, such as apartment complexes and even accessory dwelling units, are more affordable, take up less land space, and use city infrastructure more efficiently.
- Housing development in the Coastal Zone. According to the Legislative Analysists Office, California is a desirable place to live, yet not enough housing exists in the state’s major coastal communities to accommodate all of the households that want to live there. A shortage of housing along California’s coast means households wishing to live there compete for limited housing. This competition bids up home prices and rents. High home prices also push homeownership out of reach for many. Faced with expensive housing options, workers in California’s coastal communities commute 10% further each day than commuters elsewhere, largely because limited housing options exist near major job centers.
According to HCD, statewide affordable housing shortfall is more acute in the Coastal Zone. HCD notes that coastal areas cost 30% more, and housing in the Coastal Zone has higher cost burden as a result of lack of affordable housing. The HCD sets housing need at the state level based on population growth and pent-up demand based on vacancy rates, high cost burden (percentage of income spent on housing), lack of affordability, and homelessness. High cost burden creates lack of home ownership (i.e., it’s too expensive to save for a down payment) and makes it harder to experience economic shocks (i.e., medical expenses, car breaking down, etc.). HCD finds that the Coastal Act raises the price and rental income of multifamily housing units located within the Coastal Zone. The total effect of regulation on prices can represent an increase of 13–21%.
To facilitate more multi-family housing, the Legislature passed SB 10 (Wiener) Chapter 163, Statutes of 2021, to authorize a local government to adopt an ordinance to zone any parcel for up to 10 units of residential density per parcel, at a height specified in the ordinance, if the parcel is located in a transit-rich area or an urban infill site. This law allows coastal jurisdictions to override other local restrictions on adopting zoning ordinances enacted by the jurisdiction that limit the legislative body’s ability to adopt zoning ordinances, but SB 10 cannot be used to override certified LCP policies to enact an upzoning ordinance.
- Development in the Coastal Zone. The Commission administers the Coastal Act and regulates proposed development along the coast and in nearby areas. Development is limited to preserve open space and coastal agricultural lands. The law calls for orderly, balanced development, consistent with state coastal priorities and taking into account the rights of property owners. The Coastal Act exists to provide additional protections for the Coastal Zone, which represents only 1% of California’s landmass, because this resource is unique, irreplaceable, relied on by various sources of income, and utilized for myriad recreational activities.
Generally, any development activity in the Coastal Zone requires a CDP from the Commission or local government with a certified LCP. About 73% of the Coastal Zone is currently governed by LCPs drafted by cities and counties, and certified by the Commission. In these certified jurisdictions, local governments issue CDPs with detailed planning and design standards. There are 14 jurisdictions without LCPs – also known as “uncertified” jurisdictions – where the Commission is still the permitting authority for CDPs.
LCPs are a local government’s (a) land use plans, (b) zoning ordinances, (c) zoning district maps, and (d) sensitive coastal resources areas, which, when taken together, meet the requirements of, and implement the provisions and policies of, the Coastal Act at the local level.
Under the Planning and Zoning Law, each local government must adopt a housing element as a portion of their general plan. This housing element helps local governments plan for their future housing supply, and can, in certain circumstances, require a jurisdiction to rezone land and increase their zoned capacity to allow an adequate supply of housing. Rezoning required under a housing element must be completed within a specified timeframe, typically one to three years, to remain compliant with state law. However, this rezoning also requires an amendment to a coastal jurisdiction’s LCP. Misalignment between the state-mandated timeline and the Commission’s review process can result in local governments falling out of compliance with either housing element law or the Coastal Act.
SB 951 provides that updates to LCPs originating from required rezonings under housing element law must be completed on the same timeline as the rezoning itself. According to the author, this change creates a timeline, typically one to three years, for both compliance with the relevant housing element programs as well as compliance with the Coastal Act.
- Development appeals. The Coastal Act allows an action taken by a local government on a CDP application to be appealed to the Commission, on the grounds the action is inconsistent with the LCP or public access laws, on certain types of development, including those in designated areas between the sea and the first public road; developments located on tidelands, submerged lands, public trust lands, within 100 feet of any wetland, estuary, or stream, or within 300 feet of the top of the seaward face of any coastal bluff; developments located in a sensitive coastal resource area; and, major public works project or a major energy facility.
The author states that the Commission’s ability to appeal projects is partly dependent on whether a project’s use is within the principally permitted uses of a parcel, as defined in the LCP. However, the author believes the Commission’s interpretation leads to a situation where if a parcel is permitted for both commercial and residential uses, and a project seeks to alter a parcel from commercial use to residential use, the Commission may file a months-long appeal, even though both the former and the proposed use are allowed by the Commission-approved LCP. Given that modern zoning often includes various uses, this interpretation can restrict the ability of local governments to swiftly move forward on projects that are within the listed permitted uses.
This bill exempts the City and County of San Francisco from this appeal process. According to the author, the affordable housing shortage is particularly acute in San Francisco, which has the longest housing approvals process in the state by far and recently faced a historic state audit of its broken housing approvals process. As the city works to meet its state housing goal of producing 82,000 homes over the next eight years, it needs authority over permitting in the urbanized areas where affordable housing is most needed. Therefore, the author is proposing this unique exemption for San Francisco.
- Double referral. This bill is also referred to the Assembly Housing and Community Development Committee.
- Committee amendment. Since there is no specific email address provided, nor is there a standardized electronic submission system yet, the Committee may wish to amend the bill to qualify the reference to e-mail in PRC 30603 (d):
(d) (1) A local government taking an action on a coastal development permit shall send notification of its final action to the commission by certified mail, or by electronic mail pursuant to paragraph (2), within seven calendar days from the date of taking the action.
(2) (A) In order for a local government to notify the commission via electronic mail of an action on a coastal development permit, the notification must be sent from a verifiable local government electronic mail account, and must be received in the electronic mailbox designated by the commission on its Internet website for receipt of such notification.
(B) For the purpose of determining the 10th working day from the date of receipt of notice by the commission under subdivision (c), notice received by the commission by electronic mail after the close of business shall be considered received on the next working day.
- Related legislation:
AB 2560 (Alvarez) provides that any density bonus, concessions, incentives, waivers or reductions of development standards, and parking ratios to which an applicant is entitled under the Density Bonus Law be permitted notwithstanding the Coastal Act under specified conditions. This bill is referred to the Senate Natural Resources and Water Committee.
SB 1077 (Blakespear) requires, by an unspecified date, the Commission to develop and provide guidance for local governments to facilitate the preparation of amendments to an LCP to clarify and simplify the permitting process for accessory dwelling units and junior accessory dwelling units within the Coastal Zone. This bill is referred to the Assembly Natural Resources Committee.
SB 1092 (Blakespear) requires the Commission to perform a study on CDP appeals. This bill is referred to the Assembly Natural Resources Committee.
REGISTERED SUPPORT / OPPOSITION:
Support
Abundant Housing LA
Bay Area Council
California Apartment Association
California Community Builders
Civicwell
Housing Action Coalition
Spur
Yimby Action
Opposition
City of Encinitas
City of Oceanside
Livable California
Save Lafayette
Analysis Prepared by: Paige Brokaw / NAT. RES. /
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB 951 |
THIRD READING
Bill No: SB 951
Author: Wiener (D)
Amended: 4/3/24
Vote: 21
SENATE NATURAL RES. & WATER COMMITTEE: 10-0, 4/9/24
AYES: Min, Seyarto, Allen, Dahle, Eggman, Grove, Hurtado, Laird, Padilla, Stern
NO VOTE RECORDED: Limón
SENATE HOUSING COMMITTEE: 10-0, 4/16/24
AYES: Skinner, Ochoa Bogh, Blakespear, Caballero, Cortese, Menjivar, Padilla, Seyarto, Umberg, Wahab
SENATE APPROPRIATIONS COMMITTEE: 7-0, 5/16/24
AYES: Caballero, Jones, Ashby, Becker, Bradford, Seyarto, Wahab
SUBJECT: California Coastal Act of 1976: coastal zone: coastal development
SOURCE: Author
DIGEST:
This bill clarifies one of the bases to appeal a local jurisdiction’s approval of a development permit to the California Coastal Commission, and clarifies that local coastal program updates, for local governments in the coastal zone, shall be completed in the same timeframes as required in the housing element, as provided.
ANALYSIS:
Existing law:
- Establishes the California Coastal Commission (Coastal Commission) in the California Natural Resources Agency.
- Includes legislative findings and declarations that:
- The coastal zone is a distinct and valuable natural resource of vital and enduring interest to all the people, the permanent protection of the state’s natural and scenic resources is a paramount concern to present and future residents, and existing uses and future developments are carefully planned and developed consistent with the Coastal Act are essential to the economic and social well-of the people of the state (PRC §30001).
- The basic goals of the state for the coastal zone include to:
- Protect, maintain, and, where feasible, enhance and restore the overall quality of the coastal zone environment and its natural and artificial resources,
- Ensure orderly, balanced utilization and conservation of coastal zone resources taking into account the social and economic needs of the people of the state, and
- Maximize public access to and along the coast and maximize public recreational opportunities in the coastal zone consistent with sound resources conservation principles and constitutionally protected rights of private property owners, among other things (PRC §30001.5).
- Provides for the planning and regulation of development within the coastal zone, as defined.
- A person planning to perform or undertake any development in the coastal zone is required to obtain a coastal development permit (CDP) from the Coastal Commission or local government enforcing a certified local coastal program (LCP). (PRC §30600)
- Development means, among other things, the placement or erection of any solid material or structure on land or in water. Structure means building, road, pipe, flume, conduit, and electrical power transmission and distribution lines, among other things. (PRC §30106)
- The coastal zone means the coastal land and waters of California, and includes the lands that extend inland generally 1,000 yards from the mean high tide line, as specified, with various exceptions including the San Francisco Bay (PRC §30103).
- A person planning to perform or undertake any development in the coastal zone is required to obtain a coastal development permit (CDP) from the Coastal Commission or local government enforcing a certified local coastal program (LCP). (PRC §30600)
- Requires a local government in the coastal zone to prepare a LCP. Requires the precise content of the LCP to be determined by the local government in full consultation with the Coastal Commission and with full public participation. (PRC §30500). Provides for LCPs to be amended by the local government, but the amendment does not take effect until certified by the Coastal Commission (PRC §30514).
- Prohibits the Coastal Commission from exercising its review authority over any new development within the area to which the certified LCP, or any portion thereof, applies (PRC §30519).
- Authorizes the appeal to the Coastal Commission of only the following developments approved by a local government with a certified LCP:
- Development between the sea and the first public road paralleling the sea or within 300 feet of the beach or mean high tideline, as provided.
- Development on certain tidelands, submerged lands, public trust lands, within 100 feet of any wetland, estuary or stream, or within 300 feet of the top of the seaward face of any coastal bluff.
- Developments in sensitive coastal areas other than those described in a) and b), as provided.
- Development approved by a coastal county that is not designated as a principal permitted use, as provided.
- Development that is a major public works or a major energy facility (PRC §30603).
- Requires that the standard of review used by the Coastal Commission for the appeal of certain local jurisdiction-issued CDPs is the applicable certified LCP or public access policies, as provided (PRC §30603).
- Requires a city or county to prepare and adopt a general plan for its jurisdiction that contains certain mandatory elements, including a housing element.
- Requires the housing element to consist of an identification and analysis of existing and projected housing needs and a statement of goals, policies, quantified objectives, financial resources, and scheduled programs for the preservation, improvement and development of housing. (Government Code (GOV) §65583)
- Requires the housing element to identify adequate sites for housing, including rental housing, factory-built housing, mobilehomes, and emergency shelters, among others. (GOV §65583)
- Requires the housing element to contain an assessment of housing needs and an inventory of resources and constraints relevant to the meeting of those needs. (GOV §65583)
- Requires rezoning, including adoption of minimum density and development standards, as specified, when an inventory of sites does not identify adequate sites to accommodate the need for groups of specified household income levels.
This bill clarifies one of the bases to appeal a local jurisdiction’s approval of a development permit to the Coastal Commission, and clarifies that local coastal program updates, for local governments in the coastal zone, shall be completed in the same timeframes as required in the housing element, as provided.
Specifically, this bill:
- Provides that, after certification of its local coastal program, an action taken by a local government on a coastal development permit application may not be appealed to the commission for a development approved by a coastal county that is not designated the principal permitted use under the zoning ordinance or zoning district map if the local government is a city and a county.
- Clarifies that local coastal program updates, for local governments in the coastal zone, shall be completed in the same three-year period required for the completion of rezones as part of the rezone program in the housing element.
- Clarifies that local coastal program updates, for local governments in the coastal zone that fail to adopt a housing element within the 120 days of the statutory deadline, shall be completed in the same one-year period required for the completion of rezone program in the housing element.
- Makes other technical, clarifying changes to the Coastal Act.
Background
Development activities in the coastal zone generally require a CDP issued by the Coastal Commission or by a local government with a LCP certified by the Coastal Commission. Coastal Act policies are the standards the Coastal Commission uses to determine the permissibility of proposed developments subject to its jurisdiction.
California is facing a severe housing crisis. Housing production has not kept pace with the state’s population growth. Home values and rents in California are among the highest in the nation and the state has one of the highest rates of homelessness. Housing affordability is a major concern. In a sustained effort to increase the supply and affordability of housing, the Legislature has passed and the Governor signed into law multiple bills seeking to spur housing construction, including affordable housing. High labor and construction costs, as well as the current (relatively) high interest rates that make project financing more expensive are among the factors adversely affecting new housing supply.
According to the Department of Housing and Community Development (HCD), the state has required all local governments to adequately plan to meet the housing needs of everyone in the community since 1969. The state determines how much housing at various affordability levels is needed in each region and then regional governments allocate that housing need to local governments through the Regional Housing Need Allocation Plan (RHNA Plan). The local governments must then adopt housing plans (i.e. the housing element in their general plan) that conform to the RHNA Plan, including through rezoning.
Comments
A note on the opposition letters. This bill was substantially amended by the author prior to it being heard before the Senate Natural Resources and Water Committee. Concerns raised by many environmental and coastal groups were largely addressed by those amendments. The Coastal Commission and the Natural Resources Defense Council have moved to neutral positions on the current bill. Few other organizations, however, have modified their position in writing since those amendments were taken.
(NOTE: Additional information may be found in the policy bill analyses written by the Senate Natural Resources and Water, and Housing Committees.)
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
According to the Senate Appropriations Committee:
- Unknown but likely significant ongoing costs, potentially up to $2 million annually (General Fund), for the Coastal Commission to work directly with the Department of Housing and Community Development (HCD) and the coastal cities and counties within each district to pre-coordinate on necessary zoning designation changes in the coastal zone, and coordinate on the preparation of LCP amendments.
- Unknown, potentially significant ongoing costs (General Fund) for HCD to work closely with the Coastal Commission and implement the provisions of this bill.
SUPPORT: (Verified 5/16/24)
Abundant Housing LA
Bay Area Council
California Apartment Association
California Community Builders
CivicWell
East Bay YIMBY
Grow the Richmond
Housing Action Coalition
How to ADU
Mountain View YIMBY
Napa-Solano for Everyone
Northern Neighbors
Peninsula for Everyone
People for Housing Orange County
Progress Noe Valley
San Francisco YIMBY
San Luis Obispo YIMBY
Santa Cruz YIMBY
Santa Rosa YIMBY
South Bay YIMBY
Southside Forward
Streets for People
SPUR
Urban Environmentalists
Ventura County YIMBY
YIMBY Action
OPPOSITION: (Verified 5/16/24)
350 Humboldt
Anti-Racist Action-LA
Azul
Biodiversity First!
California Cities for Local Control
California Coastal Protection Network
California Coastkeeper Alliance
California Native Plant Society
Catalyst for Local Control
Center for Biological Diversity
Chiatri de Laguna Farm
City and County of San Francisco
CleanEarth4kids
Climate Action California
Coastwalk
Defenders of Wildlife
East Area Progressive Democrats
Endangered Habitats League
Environmental Defense Center
Environmental Action Committee of West Marin
Environmental Center of San Diego
Environmental Protection Information Center
Gaviota Coast Conservancy
Humboldt Waterkeeper
Idle No More Venice
LA Waterkeeper
League of California Cities
Livable California
Los Cerritos Wetlands Land Trust
Mission Street Neighbors
Orange County Coastkeeper
Residents for Responsible Desalination
Salted Roots
San Luis Obispo Mothers for Peace
Santa Cruz Climate Action Network
Save Lafayette
Sea and Sage Audubon Society
Sierra Club California
So Cal 350 Climate Action
Social Eco Education
Society of Nations
Southern California Watershed Alliance
Surfrider Foundation
The Phoenix Group
Transformative Wealth Management, LLC
Venice Beach Hotel
Wholly H2O
Wine & Water Watch
ARGUMENTS IN SUPPORT: According to the author, “SB 951 mandates that LCPs amendments originating from rezonings under housing element law must be completed on the same timeline as the rezoning itself, providing synchronicity with housing element law and Coastal Act compliance.
“These changes will ensure San Francisco, and other jurisdictions, have the tools needed to comply with state housing law.”
YIMBY Action, writing in support in a sign-on letter, further notes that SB 951 “creates a timeline, typically one to three years” for compliance between the relevant housing element programs and the Coastal Act. They continue, “[t]hese changes will strike a necessary balance in addressing our housing crisis, while maintaining and protecting California’s coveted coastline.”
ARGUMENTS IN OPPOSITION: Recent author amendments respond specifically to concerns raised in at least some letters of opposition.
The League of California Cities, writing in opposition, states that SB 951 “would require local governments to provide any necessary local coastal program updates during the housing element planning period. While we recognize the importance of addressing housing issues within the coastal zone, [we are] gravely concerned with SB 951 which overburdens local governments in planning processes without solving the challenges of increasing affordable housing and meeting housing goals in the coastal zone.” […] “The proposed requirement to update an LCP every five to eight years in alignment with the housing element planning period mires local governments in planning efforts that will not solve the underlying housing issues.” They propose amendments to “shift the burden of doubling down on local planning and rather provide incentives to local governments to identify where there are challenges in local coastal planning in meeting housing goals.”
Prepared by: Katharine Moore / N.R. & W. / (916) 651-4116
5/17/24 19:18:02
**** END ****
SENATE COMMITTEE ON
Senator Anna Caballero, Chair
2023 - 2024 Regular Session
SB 951 (Wiener) - California Coastal Act of 1976: coastal zone: coastal development
Version: | Policy Vote: |
Urgency: | Mandate: |
Hearing Date: | Consultant: |
Bill Summary:
This bill would modify existing rezoning standards to add the requirement that jurisdictions within the coastal zone identify any necessary local coastal program updates, among other provisions.
Fiscal Impact:
- Unknown but likely significant ongoing costs, potentially up to $2 million annually (General Fund), for the Coastal Commission to work directly with the Department of Housing and Community Development (HCD) and the coastal cities and counties within each district to pre-coordinate on necessary zoning designation changes in the coastal zone, and coordinate on the preparation of LCP amendments.
- Unknown, potentially significant ongoing costs (General Fund) for HCD to work closely with the Coastal Commission and implement the provisions of this bill.
Background:
According to the Senate Housing Committee analysis, California’s high — and rising — land costs necessitate dense housing construction for a project to be financially viable and for the housing to ultimately be affordable to lower-income households. Yet, recent trends in California show that new housing has not commensurately increased in density. In a 2016 analysis, the Legislative Analyst’s Office (LAO) found that the housing density of a typical neighborhood in California’s coastal metropolitan areas increased only by four percent during the 2000s.
A variety of causes have contributed to the lack of housing production, including restrictive zoning ordinances, local permitting processes that provide multiple avenues to stop a project, and fiscal incentives associated with development decisions. These issues pose challenges to constructing market-rate and affordable housing developments alike. Given the complexities of developing housing in California, and in particular multifamily housing, the Legislature and Governor have passed over 150 bills since 2016 in an effort to facilitate more housing production.
Developing in the coastal zone. The Coastal Act outlines standards for development in the coastal zone including specific policies addressing shoreline public access, recreation, protection of habitats, development design, and other things. Local governments within the coastal zone can adopt a local coastal plan (LCP). LCPs generally contain the rules for development and protection of coastal resources and basic planning tools used by the local government. Each LCP contains a land use plan and implementing measures (such as zoning and maps), some of which are subjective standards (such as requirements around design or community character), some of which are objective standards. In order for the local government to have primary jurisdiction over development permitting in the coastal zone, however, the LCP must be approved by the CCC. Once the LCP is approved by the CCC, the local government assumes permitting authority over local developments, including housing, and the LCP is considered to be an extension of the Coastal Act. About 73% of local jurisdictions in the coastal zone have approved LCPs. In the remaining jurisdictions (i.e., those that do not have an approved LCP), coastal development permits (CDPs) are issued by the CCC directly. Additionally, permitting decisions made by a local government with an approved LCP can be appealed directly to the CCC under specified circumstances. In reviewing the permit, CCC generally must defer to those standards outlined in the LCP.
Proposed Law:
This bill would modify existing rezoning standards to add the requirement that jurisdictions within the coastal zone identify any necessary local coastal program updates, among other provisions. Specifically, this bill would:
- Modify existing rezoning standards to meet housing element requirements to add the requirement for jurisdictions within the coastal zone to identify any necessary LCP updates, as provided.
- Revise the criteria to appeal the approval of a development by a local jurisdiction with a certified LCP to the Coastal Commission to exclude developments that are not the principal permitted use in a coastal county that is both a city and a county, as provided.
- Make additional technical changes to statute, provide that the proposed rezoning change applies to all cities, including charter cities, and justify the need for a special statute.
- Impose a state-mandated local program, and provide for no reimbursement, as specified.
Related Legislation:
SB 1234 (Allen, 2024) would authorize local governments to adopt certain suggested LCP modifications from the Coastal Commission through ministerial approval, as provided.
SB 1092 (Blakespear, 2024) would provide for a study providing appeals data for multifamily housing in the coastal zone, as provided.
SB 1077 (Blakespear, 2024) would provide a CDP exemption from the Coastal Act for accessory dwelling units, as provided, among other things.
SB 689 (Blakespear, 2023) would provide that an application by a local government to convert an existing motorized vehicle travel lane into a dedicated bicycle lane shall not require a traffic study for a CDP or an update to a LCP. This bill also requires that any amendment to a LCP to develop such a lane will be processed with a minimal review.
AB 3192 (Muratsuchi, 2024) would require any CDP for a major coastal resort to include new requirements for turf, landscape, and pest management, and prohibit the use of certain pesticides, among other things, as provided.
AB 2560 (Alvarez, 2024) would provide that any density bonus, concessions, incentives, waivers or reductions of development standards, and parking ratios to which an applicant is entitled under the Density Bonus Law be permitted notwithstanding the Coastal Act.
SB 704 (Min, Chapter 292, Statutes of 2023) authorizes the Coastal Commission to seek scientific advice on offshore wind, revises the coastal-dependent industrial use policies in the Coastal Act to bar new or expanded oil and gas development and new or expanded refineries or petrochemical facilities from being considered a coastal-dependent industrial use, and authorizes their permitting if all applicable Coastal Act provisions are complied with, among other things.
SB 272 (Laird, Chapter 384, Statutes of 2023) requires a local government in the coastal zone or within the San Francisco Bay to develop a sea level rise plan as part of either a LCP or a shoreline resiliency plan that includes certain information, including sea level rise adaptation strategies and recommended projects, requires local governments to comply by January 1, 2034, as specified, and prioritizes funding for implementation of sea level rise adaptation strategies in approved plans, among other things.
AB 584 (Hart, Chapter 118, Statutes of 2023) expands the eligibility criteria for certain coastal zone projects requiring immediate action for an emergency waiver of permitting requirements by increasing the value of permanent structures erected under an emergency permitting waiver to $125,000 from $25,000, and authorizes the annual indexing of the cap on the value of these structures based upon the Consumer Price Index, as provided.
SB 867 (Laird, 2022) would require a local government in the coastal zone or within the San Francisco Bay to develop a sea level rise plan as part of either a LCP or a shoreline resiliency plan that includes certain information, including sea level rise adaptation strategies and recommended projects, among other things. (This bill was vetoed by Governor Newsom.)
AB 2593 (Boerner, 2022) would authorize the Coastal Commission to approve blue carbon projects, as defined. (This bill was held on suspense in the Senate Appropriations Committee.)
AB 2160 (Bennet, Chapter 280, Statutes of 2022) amends the Coastal Act to authorize a city or county to waive or reduce CDP fees for public access or habitat restoration projects, as specified.
SB 1 (Atkins, Chapter 236, Statutes of 2021) establishes the California Sea Level Rise State and Regional Support Collaborative at the Ocean Protection Council to help coordinate and fund state efforts to prepare for sea level rise associated with climate change, and provides up to $100M state funding annually to address sea level rise, among other things.
AB 500 (Ward, 2021) would reinstate the Coastal Commission’s affordable housing policies and provide for streamlined permitting for accessory dwelling units by the Coastal Commission, among other things. (This bill died on the inactive file on the Senate floor.)
-- END --
SENATE COMMITTEE ON HOUSING
Senator Nancy Skinner, Chair
2023 - 2024 Regular
Bill No: SB 951 Hearing Date: 4/16/2024
Author: | Wiener | ||
Version: | 4/3/2024 | ||
Urgency: | No | Fiscal: | Yes |
Consultant: | Alison Hughes | ||
SUBJECT: California Coastal Act of 1976: coastal zone: coastal development
DIGEST: This bill makes changes to the California Coastal Act and clarifies that local coastal program updates, for local governments in the coastal zone, shall be completed in the same timeframes as required in the housing element.
ANALYSIS:
Existing law:
- Requires every city and county to prepare and adopt a general plan, including a housing element, to guide the future growth of a community. The housing element must identify and analyze existing and projected housing needs, identify adequate sites with appropriate zoning to meet the housing needs of all income segments of the community, and ensure that regulatory systems provide opportunities for, and do not unduly constrain, housing development.
- Requires a city or county, where the inventory of sites does not identify adequate sites to accommodate the need for groups of all household income levels, to complete rezoning of those sites, including adoption of minimum density and development standards, no later than three years after either the date the housing element is adopted or the date that is 90 days after receipt of comments from the state department of Housing and Community Development (HCD), whichever is earlier, unless the deadline is extended, as specified.
- Requires that a local government that does not adopt a housing element within 120 days of the statutory deadline shall to complete its rezone program within one year instead of the current three-year requirement.
- Establishes the Coastal Commission in the California Natural Resources Agency.
- Provides for the planning and regulation of development within the coastal zone.
- A person planning to perform or undertake any development in the coastal zone is required to obtain a coastal development permit from the Coastal Commission or local government enforcing a local coastal program (LCP) certified by the Coastal Commission.
- A LCP cannot be required to include housing programs and policies.
- The coastal zone means the coastal land and waters of California, and includes the lands that extend inland generally 1,000 yards from the mean high tide line, as specified, with various exceptions including the San Francisco Bay.
- Development means, among other things, the placement or erection of any solid material or structure on land or in water.
- Provides that after certification of a local coastal program, an action taken by a local government on a coastal development permit application may be appealed to the CCC only for the following types of developments:
- Developments approved by the local government within a specified distance of the sea.
- Developments approved by the local government in specified tidelands submerged lands, public trust lands, and within 100 feet of a wetland, estuary, or stream, or within 300 feet of the top of the seaward face of a coastal bluff.
- Developments approved by the local government located in a sensitive coastal resource area.
- Any development approved by a coastal county not designated as the principal permitted use under the zoning ordinance or zoning district map.
- A development which constitutes a major public works project or a major energy facility.
This bill:
- Clarifies that local coastal program updates, for local governments in the coastal zone, shall be completed in the same three-year period required for the completion of rezones as part of the rezone program in the housing element.
- Clarifies that local coastal program updates, for local governments in the coastal zone that fail to adopt a housing element within the 120 days of the statutory deadline, shall be completed in the same one-year period required for the completion of rezone program in the housing element.
- Provides that, after certification of its local coastal program, an action taken by a local government on a coastal development permit application may not be appealed to the commission for a development approved by a coastal county that is not designated the principal permitted use under the zoning ordinance or zoning district map if the local government is a city and a county.
- Makes other technical, clarifying changes to the California Coastal Act.
COMMENTS:
- Author’s statement. “California is facing a severe housing crisis, which is particularly acute in San Francisco. San Francisco has the longest housing approvals process in the state and recently faced an historic audit. As the city works to meet its state housing goal of 82,000 homes over the next 8 years, it needs authority over permitting in urbanized areas where affordable housing is needed most. SB 951 mandates that LCPs amendments originating from rezonings under housing element law must be completed on the same timeline as the rezoning itself, providing synchronicity with housing element law and Coastal Act compliance. These changes will ensure San Francisco, and other jurisdictions, have the tools needed to comply with state housing law.”
- Housing elements generally. Every city and county must adopt a housing element to help plan how to address its share of the regional need for housing. Each city and county must revise its housing element every eight years (every five years for some rural areas). The housing element includes a program that sets forth a schedule of actions during the planning period to provide for the housing needs of all economic segments of the community. These actions include identifying an inventory of adequate sites on which to provide housing; developing a plan to meet the needs of extremely low-, very low-, low-, and moderate-income households; removing constraints to housing for special needs populations; preserving existing affordable housing stock; promoting and affirmatively furthering fair housing opportunities; and preserving assisted housing developments for low-income households. Each locality’s fair share of housing is determined through the regional housing needs allocation (RHNA) process, which is composed of three main stages. First, the Department of Finance and the state Department of Housing and Community Development (HCD) develop a regional housing needs estimate for each region, which are allocated to councils of government (COGs) throughout the state. Each COG allocates housing within its region based on these estimates (where a COG does not exist, HCD make the determinations). Each city and county then incorporates its allocation into its housing element.
It is critical that local jurisdictions adopt legally compliant housing elements on time in order to meet statewide housing goals and create the environment locally for the successful construction of desperately needed housing at all income levels. Unless communities plan for production and preservation of affordable housing, new housing will not be built. Adequate zoning, removal of regulatory barriers, protection of existing stock and targeting of resources are essential to obtaining a sufficient permanent supply of housing affordable to all economic segments of the community. Although not requiring the community to develop the housing, housing element law requires the community to plan for housing. Recognizing that local governments may lack adequate resources to house all those in need, the law nevertheless mandates that the community do all that it can and that it not engage in exclusionary zoning practices.
- Developing in the coastal zone. The Coastal Act outlines standards for development in the coastal zone including specific policies addressing shoreline public access, recreation, protection of habitats, development design, and other things. Local governments within the coastal zone can adopt a local coastal plan (LCP). LCPs generally contain the rules for development and protection of coastal resources and basic planning tools used by the local government. Each LCP contains a land use plan and implementing measures (such as zoning and maps), some of which are subjective standards (such as requirements around design or community character), some of which are objective standards. In order for the local government to have primary jurisdiction over development permitting in the coastal zone, however, the LCP must be approved by the California Coastal Commission (CCC). Once the LCP is approved by the CCC, the local government assumes permitting authority over local developments, including housing, and the LCP is considered to be an extension of the Coastal Act. About 73% of local jurisdictions in the coastal zone have approved LCPs. In the remaining jurisdictions (i.e., those that do not have an approved LCP), coastal development permits (CDPs) are issued by the CCC directly. Additionally, permitting decisions made by a local government with an approved LCP can be appealed directly to the CCC in specified circumstances. In reviewing the permit, CCC generally must defer to those standards outlined in the LCP.
This bill would state that, after certification of its local coastal program, an action taken by a local government on a coastal development permit application may not be appealed to the CCC for a development approved by a coastal county that is not designated the principal permitted use under the zoning designation if the local government is a city and a county.
- Aligning housing law with LCPs. This bill would clarify that changes necessary to implement the housing element in the coastal zone shall occur on the same timelines as those required for jurisdictions outside of the coastal zone. Specifically, this bill would require updates to LCPs originating from required rezonings under housing element law to be completed in one to three years, so that the LCPs and the rezones are completed in tandem.
- Opposition. Environmental groups opposed to this bill were opposed to a prior version of this bill related to changes in the Coastal Act. Homeowner Neighborhood groups are opposed to the bill because they are concerned locals will not meet the rezone requirements on time and be subject to the “builder’s remedy” and because they allege the regional housing needs allocation methodology is “flawed.” Author’s amendments taken in the Senate Natural Resources and Water Committee removed the opposition of the California Coastal Commission and the Natural Resources Defense Council. The committee was unable to determine if recent amendments changed the position of other groups in opposition.
- Double-referral. This bill was heard in the Natural Resources and Water Committee on April 9, 2024 and passed on a 10-0 vote.
Related Legislation:
AB 1398 (Bloom, Chapter 358, Statutes of 2021) — required cities and counties that fail to adopt a legally compliant housing element within 120 days of the statutory deadline, to complete a rezone program within one year instead of the current three-year requirement.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
POSITIONS: (Communicated to the committee before noon on Wednesday,
April 10, 2024.)
SUPPORT:
California Apartment Association
East Bay YIMBY
Grow the Richmond
Housing Action Coalition
How to ADU
Mountain View YIMBY
Napa-Solano for Everyone
Northern Neighbors
Peninsula for Everyone
People for Housing Orange County
Progress Noe Valley
San Francisco YIMBY
San Luis Obispo YIMBY
Santa Cruz YIMBY
Santa Rosa YIMBY
South Bay YIMBY
Southside Forward
Streets for People
Urban Environmentalists
Ventura County YIMBY
YIMBY Action
OPPOSITION:
350 Humboldt
Azul
Biodiversity First!
California Cities for Local Control
California Coastal Protection Network
California Coastkeeper Alliance
California Native Plant Society
Catalyst for Local Control
Center for Biological Diversity
City and County of San Francisco
Cleanearth4kids.org
Climate Action California
Coastal San Pedro Neighborhood Council
Coastwalk
Defenders of Wildlife
Environmental Defense Center
Environmental Action Committee of West Marin
Environmental Center of San Diego
Humboldt Waterkeeper
Livable California
Los Cerritos Wetlands Land Trust
Mission Street Neighbors
Orange County Coastkeeper
Residents for Responsible Desalination
San Francisco Board of Supervisors
San Luis Obispo Mothers for Peace
Santa Cruz Climate Action Network
Save Lafayette
Sea and Sage Audubon Society
Sierra Club California
So Cal 350 Climate Action
Social Eco Education
Society of Native Nations
Southern California Watershed Alliance
The Phoenix Group
Wholly H2o
18 Individuals
-- END --
SENATE COMMITTEE ON NATURAL RESOURCES AND WATER
Senator Dave Min, Chair
2023 - 2024 Regular
Bill No: SB 951 Hearing Date: April 9, 2024
Author: | Wiener | ||
Version: | April 3, 2024 Amended | ||
Urgency: | No | Fiscal: | Yes |
Consultant: | Katharine Moore | ||
Subject: California Coastal Act of 1976: coastal zone: coastal development
SUMMARY
This bill would modify existing rezoning standards to add the requirement that jurisdictions within the coastal zone identify any necessary local coastal program updates, among other provisions.
BACKGROUND AND EXISTING LAW
- Californians value the coast. In an August 2019 survey, the Public Policy Institute of California (PPIC) reported that 77% of Californians agreed that the “condition of the ocean and beaches is very important to California’s future economy and quality of life.” A subsequent PPIC survey asking the same question reported in July 2023 found that “nearly all” Californians agreed with the same statement.
- The California Coastal Commission (Coastal Commission) was established by voter initiative in 1972. The Legislature later made the Coastal Commission permanent through the adoption of the California Coastal Act of 1976 (Coastal Act) (Public Resources Code (PRC) §§30000 et seq.). The Coastal Commission plans for and regulates the use of land and water in the coastal zone (which excludes the San Francisco Bay).
- The Coastal Commission is an independent, quasi-judicial state agency, and its mission statement states that it “is committed to protecting and enhancing California’s coast and ocean for present and future generations.” The commission does so “through careful planning and regulation of environmentally sustainable development, rigorous use of science, strong public participation, education, and effective intergovernmental coordination.”
- Development activities in the coastal zone generally require a coastal development permit (CDP) issued by the Coastal Commission or by a local government with a local coastal program (LCP) certified by the Coastal Commission. Coastal Act policies are the standards the Coastal Commission uses to determine the permissibility of proposed developments subject to its jurisdiction.
- California is facing a severe housing crisis. Housing production has not kept pace with the state’s population growth. Home values and rents in California are among the highest in the nation and the state has one of the highest rates of homelessness. Housing affordability is a major concern. In a sustained effort to increase the supply and affordability of housing, the Legislature has passed and the Governor signed into law multiple bills seeking to spur housing construction, including affordable housing (SB 423 (Wiener, Chapter 778, Statutes of 2023), AB 2011 (Wicks, Chapter 647, Statutes of 2022), SB 9 (Atkins, Chapter 162, Statutes of 2021), AB 1485 (Wicks, Chapter 663, Statutes of 2019), AB 2162 (Chiu, Chapter 753, Statutes of 2018), SB 35 (Wiener, Chapter 366, Statutes of 2017), among others). High labor and construction costs, as well as the current (relatively) high interest rates that make project financing more expensive are among the factors adversely affecting new housing supply.
- According to the Department of Housing and Community Development (HCD), the state has required all local governments to adequately plan to meet the housing needs of everyone in the community since 1969. The state determines how much housing at various affordability levels is needed in each region and then regional governments allocate that housing need to local governments through the Regional Housing Need Allocation Plan (RHNA Plan). The local governments must then adopt housing plans (i.e. the housing element in their general plan) that conform to the RHNA Plan, including through rezoning.
Existing law, pursuant to the Coastal Act:
- Establishes the Coastal Commission in the California Natural Resources Agency.
- Includes legislative findings and declarations that:
- The coastal zone is a distinct and valuable natural resource of vital and enduring interest to all the people, the permanent protection of the state’s natural and scenic resources is a paramount concern to present and future residents, and existing uses and future developments are carefully planned and developed consistent with the Coastal Act are essential to the economic and social well-of the people of the state (PRC §30001).
- The basic goals of the state for the coastal zone include to:
- Protect, maintain, and, where feasible, enhance and restore the overall quality of the coastal zone environment and its natural and artificial resources,
- Ensure orderly, balanced utilization and conservation of coastal zone resources taking into account the social and economic needs of the people of the state, and
- Maximize public access to and along the coast and maximize public recreational opportunities in the coastal zone consistent with sound resources conservation principles and constitutionally protected rights of private property owners, among other things (PRC §30001.5).
- Provides for the planning and regulation of development within the coastal zone, as defined.
- A person planning to perform or undertake any development in the coastal zone is required to obtain a CDP from the Coastal Commission or local government enforcing a certified LCP (PRC §30600).
- Development means, among other things, the placement or erection of any solid material or structure on land or in water. Structure means building, road, pipe, flume, conduit, and electrical power transmission and distribution lines, among other things (PRC §30106).
- The coastal zone means the coastal land and waters of California, and includes the lands that extend inland generally 1,000 yards from the mean high tide line, as specified, with various exceptions including the San Francisco Bay (PRC §30103).
- A person planning to perform or undertake any development in the coastal zone is required to obtain a CDP from the Coastal Commission or local government enforcing a certified LCP (PRC §30600).
- Requires a local government in the coastal zone to prepare a LCP. Requires the precise content of the LCP to be determined by the local government in full consultation with the Coastal Commission and with full public participation. (PRC §30500). Provides for LCPs to be amended by the local government, but the amendment does not take effect until certified by the Coastal Commission (PRC §30514).
- Prohibits the Coastal Commission from exercising its review authority over any new development within the area to which the certified LCP, or any portion thereof, applies (PRC §30519).
- Authorizes the appeal to the Coastal Commission of only the following developments approved by a local government with a certified LCP:
- Development between the sea and the first public road paralleling the sea or within 300 feet of the beach or mean high tideline, as provided.
- Development on certain tidelands, submerged lands, public trust lands, within 100 feet of any wetland, estuary or stream, or within 300 feet of the top of the seaward face of any coastal bluff.
- Developments in sensitive coastal areas other than those described in a) and b), as provided.
- Development approved by a coastal county that is not designated as a principal permitted use, as provided.
- Development that is a major public works or a major energy facility (PRC §30603).
- Requires that the standard of review used by the Coastal Commission for the appeal of certain local jurisdiction-issued CDPs is the applicable certified LCP or public access policies, as provided (PRC §30603).
Existing law further:
- Requires a city or county to prepare and adopt a general plan for its jurisdiction that contains certain mandatory elements, including a housing element.
- Requires the housing element to consist of an identification and analysis of existing and projected housing needs and a statement of goals, policies, quantified objectives, financial resources, and scheduled programs for the preservation, improvement and development of housing (Government Code (GOV) §65583).
- Requires the housing element to identify adequate sites for housing, including rental housing, factory-built housing, mobilehomes, and emergency shelters, among others (GOV §65583).
- Requires the housing element to contain an assessment of housing needs and an inventory of resources and constraints relevant to the meeting of those needs (GOV §65583).
- Requires rezoning, including adoption of minimum density and development standards, as specified, when an inventory of sites does not identify adequate sites to accommodate the need for groups of specified household income levels.
PROPOSED LAW
This bill would modify existing rezoning standards to add the requirement that jurisdictions within the coastal zone identify any necessary local coastal program updates, among other provisions.
Specifically, this bill would:
- Modify existing rezoning standards to meet housing element requirements to add the requirement for jurisdictions within the coastal zone to identify any necessary LCP updates, as provided.
- Revise the criteria to appeal the approval of a development by a local jurisdiction with a certified LCP to the Coastal Commission to exclude developments that are not the principal permitted use in a coastal county that is both a city and a county, as provided.
- Make additional technical changes to statute, provide that the proposed rezoning change applies to all cities, including charter cities, and justify the need for a special statute.
- Impose a state-mandated local program, and provide for no reimbursement, as specified.
ARGUMENTS IN SUPPORT
According to the author, “SB 951 mandates that LCPs amendments originating from rezonings under housing element law must be completed on the same timeline as the rezoning itself, providing synchronicity with housing element law and Coastal Act compliance.”
“These changes will ensure San Francisco, and other jurisdictions, have the tools needed to comply with state housing law.”
YIMBY Action, writing in support in a sign-on letter, further notes that SB 951 “creates a timeline, typically one to three years” for compliance between the relevant housing element programs and the Coastal Act. They continue, “[t]hese changes will strike a necessary balance in addressing our housing crisis, while maintaining and protecting California’s coveted coastline.”
ARGUMENTS IN OPPOSITION
Recent author amendments respond specifically to concerns raised in at least some letters of opposition. Much, but not all, of the opposition take “oppose unless amended” positions, although the proposed solutions vary.
The California Coastal Protection Network, in a sign-on letter in opposition, notes that “we are aware of no evidence that the Coastal Act has been the cause of improper delays in housing development in San Francisco” and “recommend developing reforms to tighten housing requirements” in the Coastal Act including eliminating existing loopholes related to low- and moderate-income housing, requiring local governments to include affordable housing in LCPs, and providing for accountability.
The League of California Cities, writing in opposition, states that SB 951 “would require local governments to provide any necessary local coastal program updates during the housing element planning period. While we recognize the importance of addressing housing issues within the coastal zone, [we are] gravely concerned with SB 951 which overburdens local governments in planning processes without solving the challenges of increasing affordable housing and meeting housing goals in the coastal zone.” […] “The proposed requirement to update an LCP every five to eight years in alignment with the housing element planning period mires local governments in planning efforts that will not solve the underlying housing issues.” They propose amendments to “shift the burden of doubling down on local planning and rather provide incentives to local governments to identify where there are challenges in local coastal planning in meeting housing goals.”
COMMENTS
This bill is double referred. This bill has been referred by the Senate Rules Committee to both this Committee and the Senate Housing Committee. Elements of the bill under the jurisdiction of the Senate Housing Committee will be addressed by that Committee and are included here for completeness and context only.
Letters. Due to spring recess and the exigencies of scheduling, this bill has been amended multiple times prior to this hearing, including after the letter submittal deadline for this hearing. It is likely that these author amendments address concerns raised by at least some of the bill’s opponents, although no letters changing positions were received prior to the deadline to complete this bill analysis.
There is only one city and county in California. San Francisco is the only city and county, and the change in the appeal criteria would apply there only. There have been two appeals to the Coastal Commission since their LCP was certified in 1986. In one there was a finding of no substantial issue and the local approval stood. The second was found to raise a substantial issue by the Coastal Commission, and was approved by the Coastal Commission with no changes. This appeal did not concern a housing project.
HCD acknowledges the need to amend LCPs for areas in the coastal zone when rezoning. In a January 8, 2024 letter to the City of Carpinteria regarding its 2023 – 2031 revised draft housing element, HCD wrote that “the City [of Carpinteria] should continue to coordinate with the California Coastal Commission to expeditiously amend a certified Local Coastal Plan and make sites available with zoning and development standards to accommodate the City’s RHNA. HCD urges the City to complete certification of to [sic] the Local Coastal Plan in a manner consistent with statutory deadlines.” Later in the letter, HCD noted that it might change its position on the draft housing element if progress is not made in these efforts.
Affordable housing in the coastal zone. In 1977, the Coastal Act’s policy provisions included the protection of affordable housing. In implementing this policy, the Coastal Commission prohibited the demolition of low- and moderate-income housing for reasons other than health and safety. The Coastal Commission also included density bonuses and reduced parking requirements in their development guidelines to prioritize new affordable housing opportunities. The guidelines were revised in 1979 and 1981 to require in-lieu fees, land dedication, and housing credits in certain circumstances. In addition, the Coastal Commission required that specified percentages of proposed housing units be set aside for low- and moderate-income households. In 1981, SB 626 (Mello, Chapter 1007, Statutes of 1981) repealed the Coastal Commission’s authority to protect and provide affordable housing.
Recent related legislation
SB 1234 (Allen, 2024) would authorize local governments to adopt certain suggested LCP modifications from the Coastal Commission through ministerial approval, as provided. (This bill is pending before this Committee.)
SB 1092 (Blakespear, 2024) would provide for a study providing appeals data for multifamily housing in the coastal zone, as provided. (This bill is pending before this Committee.)
SB 1077 (Blakespear, 2024) would provide a CDP exemption from the Coastal Act for accessory dwelling units, as provided, among other things. (This bill is pending before this Committee.)
SB 689 (Blakespear, 2023) would provide that an application by a local government to convert an existing motorized vehicle travel lane into a dedicated bicycle lane shall not require a traffic study for a CDP or an update to a LCP. This bill also requires that any amendment to a LCP to develop such a lane will be processed with a minimal review. (This bill is pending referral in the Assembly.)
AB 3192 (Muratsuchi, 2024) would require any CDP for a major coastal resort to include new requirements for turf, landscape, and pest management, and prohibit the use of certain pesticides, among other things, as provided. (This bill is pending before the Assembly Natural Resources Committee.)
AB 2560 (Alvarez, 2024) would provide that any density bonus, concessions, incentives, waivers or reductions of development standards, and parking ratios to which an applicant is entitled under the Density Bonus Law be permitted notwithstanding the Coastal Act. (This bill is pending before the Assembly Housing and Community Development Committee.)
SB 704 (Min, Chapter 292, Statutes of 2023) authorizes the Coastal Commission to seek scientific advice on offshore wind, revises the coastal-dependent industrial use policies in the Coastal Act to bar new or expanded oil and gas development and new or expanded refineries or petrochemical facilities from being considered a coastal-dependent industrial use, and authorizes their permitting if all applicable Coastal Act provisions are complied with, among other things.
SB 272 (Laird, Chapter 384, Statutes of 2023) requires a local government in the coastal zone or within the San Francisco Bay to develop a sea level rise plan as part of either a LCP or a shoreline resiliency plan that includes certain information, including sea level rise adaptation strategies and recommended projects, requires local governments to comply by January 1, 2034, as specified, and prioritizes funding for implementation of sea level rise adaptation strategies in approved plans, among other things.
AB 584 (Hart, Chapter 118, Statutes of 2023) expands the eligibility criteria for certain coastal zone projects requiring immediate action for an emergency waiver of permitting requirements by increasing the value of permanent structures erected under an emergency permitting waiver to $125,000 from $25,000, and authorizes the annual indexing of the cap on the value of these structures based upon the Consumer Price Index, as provided.
SB 867 (Laird, 2022) would require a local government in the coastal zone or within the San Francisco Bay to develop a sea level rise plan as part of either a LCP or a shoreline resiliency plan that includes certain information, including sea level rise adaptation strategies and recommended projects, among other things. (This bill was vetoed by Governor Newsom.)
AB 2593 (Boerner, 2022) would authorize the Coastal Commission to approve blue carbon projects, as defined. (This bill was held on suspense in the Senate Appropriations Committee.)
AB 2160 (Bennet, Chapter 280, Statutes of 2022) amends the Coastal Act to authorize a city or county to waive or reduce CDP fees for public access or habitat restoration projects, as specified.
SB 1 (Atkins, Chapter 236, Statutes of 2021) establishes the California Sea Level Rise State and Regional Support Collaborative at the Ocean Protection Council to help coordinate and fund state efforts to prepare for sea level rise associated with climate change, and provides up to $100M state funding annually to address sea level rise, among other things.
AB 500 (Ward, 2021) would reinstate the Coastal Commission’s affordable housing policies and provide for streamlined permitting for accessory dwelling units by the Coastal Commission, among other things. (This bill died on the inactive file on the Senate floor.)
SUGGESTED AMENDMENTS: none
SUPPORT
Bay Area Council
California Apartment Association
California Community Builders
East Bay YIMBY
Grow the Richmond
Housing Action Coalition
How to ADU
Mountain View YIMBY
Napa-Solano for Everyone
Northern Neighbors
Peninsula for Everyone
People for Housing – Orange County
Progress Noe Valley
San Francisco YIMBY
Santa Cruz YIMBY
Santa Rosa YIMBY
SLOCo YIMBY
South Bay YIIMBY
South Side Forward
Streets for People
SPUR
Urban Environmentalists
Ventura County YIMBY
YIMBY Action
OPPOSITION
350 Humboldt (unless amended)
Anti-Racist Action – LA (unless amended)
Azul (unless amended)
Biodiversity First! (unless amended)
California Cities for Local Control
California Coastal Commission (unless amended)
California Coastal Protection Network (unless amended)
California Coastkeeper Alliance (unless amended)
California Native Plant Society (unless amended)
Catalysts for Local Control
Center for Biological Diversity (unless amended)
Chiatri de Laguna Farm (unless amended)
CleanEarth4Kids.org (unless amended)
Climate Action California (unless amended)
Coalition for San Francisco Neighborhoods
Coastwalk/CCTA (unless amended)
Defenders of Wildlife (unless amended)
Endangered Habitats League (unless amended)
Environmental Action Committee of West Marin (unless amended)
Environmental Center of San Diego (unless amended)
Environmental Defense Center (unless amended)
Environmental Protection Information Center (unless amended)
Gaviota Coast Conservancy (unless amended)
Humboldt Waterkeeper (unless amended)
Idle No More Venice (unless amended)
LA Waterkeeper (unless amended)
League of California Cities (unless amended)
Livable California
Los Cerritos Wetlands Land Trust (unless amended)
Mission Street Neighbors
Natural Resources Defense Council (unless amended)
Orange County Coastkeeper (unless amended)
Residents for Responsible Desalination (unless amended)
Salted Roots (unless amended)
San Francisco Board of Supervisors (unless amended)
San Luis Obispo Mothers for Peace (unless amended)
Santa Cruz Climate Action Network (unless amended)
Save Lafayette
Sea and Sage Audubon Society (unless amended)
Sierra Club California (unless amended)
SoCal 350 Climate Action (unless amended)
Social Eco Education (unless amended)
Society of Nations (unless amended)
Southern California Watershed Alliance (unless amended)
Surfrider Foundation (unless amended)
Sunset-Parkside Education and Action Committee (SPEAK)
The Phoenix Group (unless amended)
Transformative Wealth Management, LLC (unless amended)
Venice Beach Head (unless amended)
Wholly H2O (unless amended)
Wine & Water Watch (unless amended)
Numerous individuals
-- END --
Discussed in Hearing
3MIN
Senate Floor
1MIN
Assembly Floor
48SEC
Assembly Floor
6MIN
Assembly Standing Committee on Housing and Community Development
8MIN
Assembly Standing Committee on Natural Resources
2MIN
Senate Floor
9MIN
Senate Standing Committee on Housing
18MIN
Senate Standing Committee on Natural Resources and Water
Bill Author
Bill Co-Author(s):