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Compare Versions Page 5 of 22
<br /> (7) 'Lower density"includes any conditions that have the same effect or impact on the ability of the project to
<br /> provide housing.
<br /> (8)Until January 1, 2025, "objective"means involving no personal or subjective judgment by a public official and
<br /> being uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable
<br /> by both the development applicant or proponent and the public official.
<br /> (9)Notwithstanding any other law, until January 1, 2025, "determined to be complete"means that the applicant
<br /> has submitted a complete application pursuant to Section 65943.
<br /> (i)If any city, county, or city and county denies approval or imposes conditions, including design changes, lower
<br /> density, or a reduction of the percentage of a lot that may be occupied by a building or structure under the
<br /> applicable planning and zoning in force at the time housing development project's the application is deemed
<br /> complete pursuant to Section 65943, complete, that have a substantial adverse effect on the viability or
<br /> affordability of a housing development for very low, low-, or moderate-income households, and the denial of the
<br /> development or the imposition of conditions on the development is the subject of a court action which challenges
<br /> the denial or the imposition of conditions,then the burden of proof shall be on the local legislative body to show
<br /> that its decision is consistent with the findings as described in subdivision f(d), and that the findings are
<br /> supported by a preponderance of the evidence in the --_ . :. :: - -- , . - :-- •- "•- .;-
<br /> with the requirements of subdivision(o).
<br /> (j) (1)When a proposed housing development project complies with applicable, objective general plan, zoning,
<br /> and subdivision standards and criteria, including design review standards, in effect at the time that the housing
<br /> development project's application is determined to be application was deemed complete, but the local agency
<br /> proposes to disapprove the project or to impose a condition that the project be developed at a lower density, the
<br /> local agency shall base its decision regarding the proposed housing development project upon written findings
<br /> supported by a preponderance of the evidence on the record that both of the following conditions exist:
<br /> (A)The housing development project would have a specific, adverse impact upon the public health or safety
<br /> unless the project is disapproved or approved upon the condition that the project be developed at a lower
<br /> density. As used in this paragraph, a "specific, adverse impact" means a significant, quantifiable, direct, and
<br /> unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions
<br /> as they existed on the date the application was deemed complete.
<br /> (B)There is no feasible method to satisfactorily mitigate or avoid the adverse impact identified pursuant to
<br /> paragraph (1), other than the disapproval of the housing development project or the approval of the project upon
<br /> the condition that it be developed at a lower density.
<br /> (2) (A) If the local agency considers a proposed housing development project to be inconsistent, not in
<br /> compliance, or not in conformity with an applicable plan, program, policy, ordinance, standard, requirement, or
<br /> other similar provision as specified in this subdivision, it shall provide the applicant with written documentation
<br /> identifying the provision or provisions, and an explanation of the reason or reasons it considers the housing
<br /> development to be inconsistent, not in compliance, or not in conformity as follows:
<br /> (i)Within 30 days of the date that the application for the housing development project is determined to be
<br /> complete, if the housing development project contains 150 or fewer housing units.
<br /> (ii)Within 60 days of the date that the application for the housing development project is determined to be
<br /> complete, if the housing development project contains more than 150 units.
<br /> (B)If the local agency fails to provide the required documentation pursuant to subparagraph (A), the housing
<br /> development project shall be deemed consistent, compliant, and in conformity with the applicable plan, program,
<br /> policy, ordinance, standard, requirement, or other similar provision.
<br /> (3) For purposes of this section, the receipt of a density bonus pursuant to Section 65915 or an equitable
<br /> communities incentive pursuant to Section 65918.51 shall not constitute a valid basis on which to find a proposed
<br /> housing development project is inconsistent, not in compliance, or not in conformity with an applicable plan, ff�
<br /> program, policy, ordinance,standard, requirement,or other similar provision specified in this subdivision.
<br /> (4) For purposes of this section, a proposed housing development project is not inconsistent with the applicable
<br /> zoning standards and criteria, and shall not require a rezoning, if the housing development project is consistent
<br /> with the objective general plan standards and criteria but the zoning for the project site is inconsistent with the
<br /> general plan. If the local agency has complied with paragraph (2), the local agency may require the proposed
<br /> housing development project to comply with the objective standards and criteria of the zoning which is consistent
<br /> https://leginfo.legislature.ca.gov/faces/bill VersionsCompareClient.xhtml?bill id=2019202... 1/10/2020
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