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Compare Versions Page 8 of 22
<br /> (A)In the case of a fee, charge, or other monetary exaction, to an increase resulting from an automatic annual
<br /> adjustment based on an independently published cost index that is referenced in the ordinance or resolution
<br /> establishing the fee or other monetary exaction.
<br /> (B)A preponderance of the evidence in the record establishes that subjecting the housing development project to
<br /> an ordinance, policy, or standard beyond those in effect when a preliminary application was submitted is
<br /> necessary to mitigate or avoid a specific, adverse impact upon the public health or safety, as defined in
<br /> subparagraph (A) of paragraph (1) of subdivision(j), and there is no feasible alternative method to satisfactorily
<br /> mitigate or avoid the adverse impact.
<br /> (C)Subjecting the housing development project to an ordinance, policy, standard, or any other measure, beyond
<br /> those in effect when a preliminary application was submitted is necessary to avoid or substantially lessen an
<br /> impact of the project under the California Environmental Quality Act (Division 13 (commencing with Section
<br /> 21000)of the Public Resources Code).
<br /> (D) The housing development project has not commenced construction within two and one-half years following
<br /> the date that the project received final approval. For purposes of this subparagraph, "final approval"means that
<br /> the housing development project has received all necessary approvals to be eligible to apply for, and obtain, a
<br /> building permit or permits and either of the following is met:
<br /> (i) The expiration of all applicable appeal periods, petition periods, reconsideration periods, or statute of
<br /> limitations for challenging that final approval without an appeal, petition, request for reconsideration, or legal
<br /> challenge having been filed.
<br /> (ii)If a challenge is filed, that challenge is fully resolved or settled in favor of the housing development project.
<br /> (E) The housing development project is revised following submittal of a preliminary application pursuant to
<br /> Section 65941.1 such that the number of residential units or square footage of construction changes by 20
<br /> percent or more, exclusive of any increase resulting from the receipt of a density bonus, incentive, concession,
<br /> waiver, or similar provision. For purposes of this subdivision, "square footage of construction"means the building
<br /> area,as defined by the California Building Standards Code(Title 24 of the California Code of Regulations).
<br /> (3) This subdivision does not prevent a local agency from subjecting the additional units or square footage of
<br /> construction that result from project revisions occurring after a preliminary application is submitted pursuant to
<br /> Section 65941.1 to the ordinances,policies, and standards adopted and in effect when the preliminary application
<br /> was submitted.
<br /> (4)For purposes of this subdivision, "ordinances,policies, and standards"includes general plan, community plan,
<br /> specific plan, zoning, design review standards and criteria, subdivision standards and criteria, and any other
<br /> rules, regulations, requirements, and policies of a local agency, as defined in Section 66000, including those
<br /> relating to development impact fees, capacity or connection fees or charges,permit or processing fees, and other
<br /> exactions.
<br /> (5) This subdivision shall not be construed in a manner that would lessen the restrictions imposed on a local
<br /> agency, or lessen the protections afforded to a housing development project, that are established by any other
<br /> law, including any other part of this section.
<br /> (6) This subdivision shall not restrict the authority of a public agency or local agency to require mitigation
<br /> measures to lessen the impacts of a housing development project under the California Environmental Quality Act
<br /> (Division 13(commencing with Section 21000)of the Public Resources Code).
<br /> (7) With respect to completed residential units for which the project approval process is complete and a certificate
<br /> of occupancy has been issued, nothing in this subdivision shall limit the application of later enacted ordinances,
<br /> policies, and standards that regulate the use and occupancy of those residential units,such as ordinances relating
<br /> to rental housing inspection, rent stabilization, restrictions on short-term renting, and business licensing
<br /> requirements for owners of rental housing.
<br /> (8) This subdivision shall become inoperative on January 1, 2025.
<br /> fe3(p) This section shall be known,and may be cited, as the Housing Accountability Act.
<br /> SEC.2.Section 65913.5 is added to the Government Code,to read:
<br /> 65913.5.For purposes of this section and Section 65913.6,the following definitions shall apply:
<br /> https://leginfo.Iegislature.ca.gov/faces/bill VersionsCompareClient.xhtml?bill id=2019202... 1/10/2020
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