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L E AG U E Analysis <br /> Housing of Governor Proposal Browns By Right <br /> OF CALI FORN IA. <br /> CITIES. Streamlining Affordable Housing Approvals <br /> Proposed Trailer Bill - May 20, 2016 <br /> The Governor's proposal for streamlining affordable housing approvals requires cities <br /> and counties to approve: <br /> • A certain type of housing project with modest levels of affordable units <br /> • As a permitted "use by right" <br /> • With no public input; <br /> • With limited ministerial review; and <br /> • No CEQA compliance. <br /> What types of housing projects are included? <br /> Newly constructed structure containing two or more dwelling units in a project that is entirely <br /> residential or part of a mixed-use development that comply with the criteria summarized in <br /> the next question. The proposal does not apply to the construction of a second unit or the <br /> conversion of an existing structure to condominiums. [NOTE: The proposal is not clear. The <br /> language could be interpreted to mean that a single-family housing development is also <br /> included.] <br /> What restrictions are placed on the location of these housing projects? <br /> A housing project can be located on a "designated housing site." That means a site <br /> designated to allow housing development by the general plan, a zoning ordinance, or, for <br /> which a certified environmental review document includes provisions to mitigate potential <br /> harm. (From Administration presentations to the Legislature on this proposal it is evident that <br /> using the word "or" here rather than "and" is not an oversight.) <br /> If a housing project is not located on a "designated housing site," the project may not be <br /> located on a site that is any of the following: (1) "prime farmland" or "farmland of statewide <br /> importance;" (2) wetlands; (3) within a very high fire hazard severity zone; (4) hazardous <br /> waste site; (5) within a delineated earthquake fault zone; (6) within a flood plain; or (7) within <br /> a flood way. (The listing of these lands is not as comprehensive as other environmental <br /> statutes that list endangered species, native plants, habitat, historic resources, etc.) <br /> What is a permitted "use by right?" <br /> This means that a city may not require a conditional use permit, planned unit development <br /> permit, or other discretionary review or approval that would constitute a "project"for purposes <br /> of CEQA. [NOTE: This means that approval of a housing project covered by the proposal is <br /> not subject to any environmental evaluation under CEQA.] <br /> 1 <br />