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State Land Use Enacted Legislation
| Bill # | State | Year | Party | Topic |
|---|---|---|---|---|
SB 167 |
CA | 2017 | D | Affordable housing incentives and financing, Appeals, By-right zoning, Deadlines, Density Increases, Enforcement, Fair distribution of housing, Planning for climate adaptation and hazards, Planning Requirements, Streamline application, Written findings, burden and standard of proof |
Provided by Furman
Summary
- Amends the Housing Accountability Act (AB 678 is the identical companion bill in the state assembly) to strengthen limits on local government discretion and expand enforcement mechanisms for qualifying housing developments, including very low-, low-, and moderate-income housing and emergency shelters.
- The bill raises the evidentiary standard a local agency must meet to disapprove or conditionally approve a qualifying housing development from “substantial evidence” to “preponderance of the evidence.” This heightened burden applies both to local decision making and to judicial review of actions challenging conditions that adversely affect the viability or affordability of a housing development. The bill also clarifies that receipt of a density bonus may not be used as a basis to find a project noncompliant.
- SB 167 clarifies how compliance with applicable plans and standards is evaluated. A housing development or emergency shelter is deemed compliant if there is substantial evidence that would allow a reasonable person to conclude the project complies with objective general plan, zoning, or subdivision standards. For projects alleged to be inconsistent with a jurisdiction’s general plan, amendments adopted after the application is submitted may not be used as grounds for denial.
- The bill revises the definition of mixed-use developments under the Housing Accountability Act, replacing the prior limitation to neighborhood commercial uses on the first floor with a standard requiring that at least two-thirds of total square footage be designated for residential use.
- SB 167 expands and clarifies what constitutes a “disapproval” of a housing development project, including denial of any land use approval or entitlement necessary for issuance of a building permit, and failures to act within required timeframes. Local agencies must provide written findings specifying the legal basis for disapproval within prescribed deadlines; failure to do so results in the project being deemed compliant.
- Strengthens remedies and enforcement. Courts may order compliance within 60 days, require unconditional project approval upon a finding of bad faith, impose mandatory fines of at least $10,000 per unit (with a fivefold increase for bad faith), and award reasonable attorney’s fees to housing organizations that prevail in enforcement actions.
Provided by lawmakers
Bill Title
Housing Accountability Act