SB 166

State Land Use Enacted Legislation

Bill #	State	Year	Party	Topic
SB 166	CA	2017	D	Enforcement, Environmental review, Fair distribution of housing, Planning Requirements, Written findings, burden and standard of proof

Provided by Furman

Summary

Amends the Planning and Zoning Law to ensure that a locality’s inventory of housing sites can accommodate its share of the regional housing need at all times throughout the planning period. If a city or county approves a development on a parcel with fewer units by income category than were originally set forth in its housing element, it must make a written finding supported by evidence that the remaining identified sites are sufficient to meet the unmet regional need for lower and moderate-income households. If the remaining sites are insufficient, the locality must identify and make available additional parcels within 180 days to compensate for the shortfall.
Localities are prohibited from using these requirements as a basis to deny a housing project. For jurisdictions without a housing element in substantial compliance with state law, the definition of what constitutes a density reduction is expanded. Administrative actions taken to identify these replacement sites are exempt from environmental review under CEQA, though this exemption does not apply to the actual physical development of those sites. This “No Net Loss” provision effectively shifts the burden to the locality to maintain a continuous, adequate supply of zoned land for all income levels.

Provided by lawmakers