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Compare Versions Page 6 of 22
<br /> with the general plan, however, the standards and criteria shall be applied to facilitate and accommodate
<br /> development at the density allowed on the site by the general plan and proposed by the proposed housing
<br /> development project.
<br /> {-5-)(k) Fef(1) (A) (i) purposes of this section, "lower density" includes any conditions that have the same
<br /> effect or impact on the ability of the project to provide housing. The applicant, a person who would be eligible to
<br /> apply for residency in the housing development project or emergency shelter, or a housing organization may
<br /> bring an action to enforce this section. If, in any action brought to enforce this section, a court finds that any of
<br /> the following are met, the court shall issue an order pursuant to clause(ii):
<br /> (I) The local agency, in violation of subdivision (d), disapproved a housing development project or conditioned its
<br /> approval in a manner rendering it infeasible for the development of an emergency shelter, or housing for very
<br /> low, low-, or moderate-income households, including farm worker housing, without making the findings required
<br /> by this section or without making findings supported by a preponderance of the evidence.
<br /> (II)The local agency, in violation of subdivision (j), disapproved a housing development project complying with
<br /> applicable, objective general plan and zoning standards and criteria, or imposed a condition that the project be
<br /> developed at a lower density, without making the findings required by this section or without making findings
<br /> supported by a preponderance of the evidence.
<br /> (III)(ia)Subject to sub-subclause (ib), the local agency, in violation of subdivision (o), required or attempted to
<br /> require a housing development project to comply with an ordinance,policy, or standard not adopted and in effect
<br /> when a preliminary application was submitted.
<br /> (ib) This subclause shall become inoperative on January 1, 2025.
<br /> fhj(ii) f}.If-EA-) The applicant, a person who would be eligible to apply for residency in the development or
<br /> brought to enforce this section, a the court finds that either(i)the local agency, in violation of subdivision (d),
<br /> development of an emergency shelter, or housing for very low, low , or moderate income households, including
<br /> development project complying with applicable, objective general plan and zoning standards and criteria, or
<br /> er without making findings supported by a preponderance of the evidence, the one of the conditions
<br /> in clause(i) is met, the court shall issue an order or judgment compelling compliance with this section within 60
<br /> days, including, but not limited to, an order that the local agency take action on the housing development project
<br /> or emergency shelter. The court may issue an order or judgment directing the local agency to approve the
<br /> housing development project or emergency shelter if the court finds that the local agency acted in bad faith when
<br /> it disapproved or conditionally approved the housing development or emergency shelter in violation of this
<br /> section. The court shall retain jurisdiction to ensure that its order or judgment is carried out and shall award
<br /> reasonable attorney's fees and costs of suit to the plaintiff or petitioner, except under extraordinary
<br /> circumstances in which the court finds that awarding fees would not further the purposes of this section.-Fef
<br /> -- -- - - - '- , .. - - • •- --- -- -- -- -ave the same effect or impact on the ability of
<br /> (B) (i)Upon a determination that the local agency has failed to comply with the order or judgment compelling
<br /> compliance with this section within 60 days issued pursuant to subparagraph (A), the court shall impose fines on
<br /> a local agency that has violated this section and require the local agency to deposit any fine levied pursuant to
<br /> this subdivision into a local housing trust fund. The local agency may elect to instead deposit the fine into the
<br /> Building Homes and Jobs Trust Fund, if Senate Bill 2 of the 2017-18 Regular Session is enacted, or otherwise in
<br /> the Housing Rehabilitation Loan Fund. The fine shall be in a minimum amount of ten thousand dollars ($10,000)
<br /> per housing unit in the housing development project on the date the application was deemed complete pursuant
<br /> to Section 65943. In determining the amount of fine to impose, the court shall consider the local agency's
<br /> progress in attaining its target allocation of the regional housing need pursuant to Section 65584 and any prior
<br /> violations of this section. Fines shall not be paid out of funds already dedicated to affordable housing, including,
<br /> but not limited to, Low and Moderate Income Housing Asset Funds, funds dedicated to housing for very low, low-,
<br /> and moderate-income households, and federal HOME Investment Partnerships Program and Community
<br /> Development Block Grant Program funds. The local agency shall commit and expend the money in the local
<br /> housing trust fund within five years for the sole purpose of financing newly constructed housing units affordable
<br /> to extremely low,very low, or low-income households. After five years, if the funds have not been expended, the
<br /> money shall revert to the state and be deposited in the Building Homes and Jobs Trust Fund, if Senate Bill 2 of
<br /> https://leginfo.legislature.ca.gov/faces/billVersionsCompareClient.xhtml?bill id=2019202... 1/10/2020
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