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Compare Versions Page 2 of 22
<br /> (H) When Californians have access to safe and affordable housing, they have more money for food and health
<br /> care; they are less likely to become homeless and in need of government-subsidized services; their children do
<br /> better in school; and businesses have an easier time recruiting and retaining employees.
<br /> (I)An additional consequence of the state's cumulative housing shortage is a significant increase in greenhouse
<br /> gas emissions caused by the displacement and redirection of populations to states with greater housing
<br /> opportunities, particularly working- and middle-class households. California's cumulative housing shortfall
<br /> therefore has not only national but international environmental consequences.
<br /> (3)California's housing picture has reached a crisis of historic proportions despite the fact that, for decades, the
<br /> Legislature has enacted numerous statutes intended to significantly increase the approval, development, and
<br /> affordability of housing for all income levels, including this section.
<br /> (K)The Legislature's intent in enacting this section in 1982 and in expanding its provisions since then was to
<br /> significantly increase the approval and construction of new housing for all economic segments of California's
<br /> communities by meaningfully and effectively curbing the capability of local governments to deny, reduce the
<br /> density for, or render infeasible housing development projects and emergency shelters. That intent has not been
<br /> fulfilled.
<br /> (L)It is the policy of the state that this section 514ettld be interpreted and implemented in a manner to afford the
<br /> fullest possible weight to the interest of,and the approval and provision of, housing.
<br /> (3) It is the intent of the Legislature that the conditions that would have a specific, adverse impact upon the
<br /> public health and safety, as described in paragraph (2) of subdivision (d) and paragraph (1) of subdivision (j),
<br /> arise infrequently.
<br /> (b)It is the policy of the state that a local government not reject or make infeasible housing development
<br /> projects, including emergency shelters, that contribute to meeting the need determined pursuant to this article
<br /> without a thorough analysis of the economic, social, and environmental effects of the action and without
<br /> complying with subdivision(d).
<br /> (c)The Legislature also recognizes that premature and unnecessary development of agricultural lands for urban
<br /> uses continues to have adverse effects on the availability of those lands for food and fiber production and on the
<br /> economy of the state. Furthermore, it is the policy of the state that development should be guided away from
<br /> prime agricultural lands; therefore, in implementing this section, local jurisdictions should encourage, to the
<br /> maximum extent practicable, in filling existing urban areas.
<br /> (d)A local agency shall not disapprove a housing development project, including farmworker housing as defined
<br /> in subdivision (h) of Section 50199.7 of the Health and Safety Code, for very low, low-, or moderate-income
<br /> households, or an emergency shelter, or condition approval in a manner that renders the housing development
<br /> project infeasible for development for the use of very low, low-, or moderate-income households, or an
<br /> emergency shelter, including through the use of design review standards, unless it makes written findings, based
<br /> upon a preponderance of the evidence in the record, as to one of the following:
<br /> (1)The jurisdiction has adopted a housing element pursuant to this article that has been revised in accordance
<br /> with Section 65588, is in substantial compliance with this article, and the jurisdiction has met or exceeded its
<br /> share of the regional housing need allocation pursuant to Section 65584 for the planning period for the income
<br /> category proposed for the housing development project, provided that any disapproval or conditional approval
<br /> shall not be based on any of the reasons prohibited by Section 65008. If the housing development project
<br /> includes a mix of income categories, and the jurisdiction has not met or exceeded its share of the regional
<br /> housing need for one or more of those categories, then this paragraph shall not be used to disapprove or
<br /> conditionally approve the housing development project. The share of the regional housing need met by the
<br /> jurisdiction shall be calculated consistently with the forms and definitions that may be adopted by the Department
<br /> of Housing and Community Development pursuant to Section 65400. In the case of an emergency shelter, the
<br /> jurisdiction shall have met or exceeded the need for emergency shelter, as identified pursuant to paragraph (7)of
<br /> subdivision (a) of Section 65583. Any disapproval or conditional approval pursuant to this paragraph shall be in
<br /> accordance with applicable law, rule,or standards.
<br /> (2)The housing development project or emergency shelter as proposed would have a specific, adverse impact
<br /> upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the
<br /> cpccific, specific adverse impact without rendering the development unaffordable to low- and moderate-income
<br /> households or rendering the development of the emergency shelter financially infeasible. As used in this
<br /> paragraph, a "specific, adverse impact" means a significant, quantifiable, direct, and unavoidable impact, based
<br /> on objective, identified written public health or safety standards, policies, or conditions as they existed on the
<br /> https://leginfo.legislature.ca.gov/faces/billVersionsCompareClient.xhtml?bill id=2019202... 1/10/2020
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