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State Land Use Enacted Legislation

Bill # State Year Party Topic

SB 744

CA 2019 D By-right zoning, Environmental review, Impact fees

Provided by Furman

Summary

  • Requires local governments to only apply written, objective development and design review standards to supportive housing developments, and requires that review be consistent with the Housing Accountability Act.
  • Clarifies that local government review of a supportive housing development, and a city or county policy to approve use-by-right developments with over 50 units, do not constitute “projects” for purposes of CEQA.
  • Allows local governments to impose fees or other exactions on permanent supportive housing developments but prohibits requirements — including increased fees — that apply solely or partially because the project constitutes permanent supportive housing or is eligible for ministerial approval.
  • Clarifies that nothing in the supportive housing article precludes a developer from seeking a density bonus, concessions, incentives, or waivers of development standards.
  • Declares that removing zoning barriers to permanent supportive housing under the No Place Like Home Program is a matter of statewide concern and not a municipal affair.
  • Declares that a public agency’s decision to seek or receive No Place Like Home Program funding does not constitute a “project” for purposes of CEQA.
  • Allows development applicants for No Place Like Home projects to request concurrent preparation of the record of proceeding and environmental review if the project is not eligible for use-by-right approval.
  • Requires lead agencies to file notice of approval or determination within two working days of their CEQA determination, and requires challenges alleging CEQA noncompliance to be filed within 30 days of that notice.
  • Repeals these provisions on January 1 of the year following HCD notification to the Legislature that No Place Like Home Program funding is fully allocated and disbursed.

Provided by lawmakers

Bill Title

Planning and zoning: California Environmental Quality Act: permanent supportive housing

Related resources

Enacted Legislation Related Posts

Research and analysis from the Furman Center on this and related housing policy topics.