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Compare Versions Page 7 of 22
<br /> the 2017-18 Regular Session is enacted, or otherwise in the Housing Rehabilitation Loan Fund, for the sole
<br /> purpose of financing newly constructed housing units affordable to extremely low, very low, or low-income
<br /> households.
<br /> (ii)If any money derived from a fine imposed pursuant to this subparagraph is deposited in the Housing
<br /> Rehabilitation Loan Fund, then, notwithstanding Section 50661 of the Health and Safety Code, that money shall
<br /> be available only upon appropriation by the Legislature.
<br /> (C) If the court determines that its order or judgment has not been carried out within 60 days, the court may
<br /> issue further orders as provided by law to ensure that the purposes and policies of this section are fulfilled,
<br /> including, but not limited to, an order to vacate the decision of the local agency and to approve the housing
<br /> development project, in which case the application for the housing development project, as proposed by the
<br /> applicant at the time the local agency took the initial action determined to be in violation of this section, along
<br /> with any standard conditions determined by the court to be generally imposed by the local agency on similar
<br /> projects, shall be deemed to be approved unless the applicant consents to a different decision or action by the
<br /> local agency.
<br /> (2) For purposes of this subdivision, "housing organization" means a trade or industry group whose local
<br /> members are primarily engaged in the construction or management of housing units or a nonprofit organization
<br /> whose mission includes providing or advocating for increased access to housing for low-income households and
<br /> have filed written or oral comments with the local agency prior to action on the housing development project. A
<br /> housing organization may only file an action pursuant to this section to challenge the disapproval of a housing
<br /> development by a local agency. A housing organization shall be entitled to reasonable attorney's fees and costs if
<br /> it is the prevailing party in an action to enforce this section.
<br /> (I)If the court finds that the local agency (1)acted in bad faith when it disapproved or conditionally approved the
<br /> housing development or emergency shelter in violation of this section and (2)failed to carry out the court's order
<br /> or judgment within 60 days as described in subdivision (k), the court, in addition to any other remedies provided
<br /> by this section, shall multiply the fine determined pursuant to subparagraph (B) of paragraph (1) of subdivision
<br /> (k) by a factor of five. For purposes of this section, "bad faith" includes, but is not limited to, an action that is
<br /> frivolous or otherwise entirely without merit.
<br /> (m)Any action brought to enforce the provisions of this section shall be brought pursuant to Section 1094.5 of
<br /> the Code of Civil Procedure, and the local agency shall prepare and certify the record of proceedings in
<br /> accordance with subdivision (c) of Section 1094.6 of the Code of Civil Procedure no later than 30 days after the
<br /> petition is served, provided that the cost of preparation of the record shall be borne by the local agency, unless
<br /> the petitioner elects to prepare the record as provided in subdivision (n) of this section. A petition to enforce the I
<br /> provisions of this section shall be filed and served no later than 90 days from the later of(1)the effective date of
<br /> a decision of the local agency imposing conditions on, disapproving, or any other final action on a housing
<br /> development project or (2) the expiration of the time periods specified in subparagraph (B) of paragraph (5) of
<br /> subdivision (h). Upon entry of the trial court's order, a party may, in order to obtain appellate review of the order,
<br /> file a petition within 20 days after service upon it of a written notice of the entry of the order, or within such
<br /> further time not exceeding an additional 20 days as the trial court may for good cause allow, or may appeal the
<br /> judgment or order of the trial court under Section 904.1 of the Code of Civil Procedure. If the local agency
<br /> appeals the judgment of the trial court, the local agency shall post a bond, in an amount to be determined by the
<br /> court,to the benefit of the plaintiff if the plaintiff is the project applicant.
<br /> (n)In any action,the record of the proceedings before the local agency shall be filed as expeditiously as possible
<br /> and, notwithstanding Section 1094.6 of the Code of Civil Procedure or subdivision (m) of this section, all or part
<br /> of the record may be prepared (1) by the petitioner with the petition or petitioner's points and authorities, (2) by
<br /> the respondent with respondent's points and authorities, (3) after payment of costs by the petitioner, or (4) as
<br /> otherwise directed by the court. If the expense of preparing the record has been borne by the petitioner and the
<br /> petitioner is the prevailing party,the expense shall be taxable as costs.
<br /> (o)(1)Subject to paragraphs (2), (6), and(7), and subdivision (d) of Section 65941.1, a housing development
<br /> project shall be subject only to the ordinances, policies, and standards adopted and in effect when a preliminary
<br /> application including all of the information required by subdivision(a)of Section 65941.1 was submitted.
<br /> (2)Paragraph(1)shall not prohibit a housing development project from being subject to ordinances,policies, and
<br /> standards adopted after the preliminary application was submitted pursuant to Section 65941.1 in the following
<br /> circumstances:
<br /> https://leginfo.legislature.ca.gov/faces/billVersionsCompareClient.xhtml?bill id=2019202... 1/10/2020
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