Housing developments: ordinances, policies, and standards.

Plain English Breakdown

The official source material does not provide specific details about how much this will change local government practices or what happens if a project is denied despite these rules.

Housing Developments: Rules and Standards

AB-1710 updates rules to ensure housing projects, especially those aimed at low-income households or emergency shelters, are not unfairly blocked by local governments without clear evidence-based reasons.

What This Bill Does

• Updates the Housing Accountability Act to prevent local agencies from disapproving housing developments for low-income households and emergency shelters unless they provide written findings based on a preponderance of evidence.
• Expands the definition of 'ordinances, policies, and standards' to include materials requirements, postentitlement permit standards, and rules adopted by other public agencies.
• Requires local agencies to apply only the ordinances, policies, and standards in effect when a preliminary application was submitted for housing developments.
• Ensures that housing development projects are considered consistent with existing plans if there is substantial evidence supporting this view.

Who It Names or Affects

• Local government agencies responsible for approving or regulating housing developments.
• Developers and builders of new housing projects, particularly those aimed at low-income families or emergency shelters.

Terms To Know

Housing Accountability Act

A law that prevents local governments from blocking housing projects for low-income people and emergency shelters without clear evidence-based reasons.

Ordinances, policies, and standards

Rules set by local or state government about how buildings should be designed, built, and managed, including materials requirements and permit standards.

Limits and Unknowns

• The bill does not specify what happens if a housing project is denied approval despite these new rules.
• It's unclear how much this will change the way local governments handle housing development projects in practice.

Official Summary Text

AB 1710, as introduced, Carrillo.
Housing developments: ordinances, policies, and standards.
The Housing Accountability Act prohibits a local agency from disapproving, or conditioning approval in a manner that renders infeasible, a housing development project, as defined for purposes of the act, for very low, low-, or moderate-income households or an emergency shelter unless the local agency makes specified written findings based on a preponderance of the evidence in the record. That act states that it shall not be construed to prohibit a local agency from requiring a housing development project to comply with objective, quantifiable, written development standards, conditions, and policies appropriate to, and consistent with, meeting the jurisdiction’s share of the regional housing need, except as provided. The act further provides that for its purposes, a housing development project or emergency shelter shall be deemed consistent, compliant, and in conformity with an applicable
plan, program, policy, ordinance, standard, requirement, or other similar provision if there is substantial evidence that would allow a reasonable person to conclude that the housing development project or emergency shelter is consistent, compliant, or in conformity.
The act requires a housing development project to be subject only to the ordinances, policies, and standards adopted and in effect when a preliminary application, as specified, was submitted, except as otherwise provided. The act defines “ordinances, policies, and standards” to include general plan, community plan, specific plan, zoning, design review standards and criteria, subdivision standards and criteria, and any other rules, regulations, requirements, and policies of a local agency, as defined, including those relating to development impact fees, capacity or connection fees or charges, permit or processing fees, and other exactions.
This bill would
include in the definition of “ordinances, policies, and standards” materials requirements, postentitlement permit standards, and any rules, regulations, determinations, and other requirements adopted or implemented by other public agencies, as defined.
The Permit Streamlining Act, among other things, requires public agencies to approve or disapprove of a development project within certain timeframes, as specified. The act requires public agencies to compile one or more lists that specify in detail the information that will be required from any applicant for a development project. The act requires a public agency, upon its determination that an application for a development project is incomplete, to include a list and a thorough description of the specific information needed to complete the application.
This bill would provide that for the purposes of the Permit Streamlining Act, a housing development project or emergency
shelter shall be deemed consistent, compliant, and in conformity with an applicable plan, program, policy, ordinance, standard, requirement, or other similar provision adopted or implemented by a public agency, as defined, if there is substantial evidence that would allow a reasonable person to conclude that the housing development project or emergency shelter is consistent, compliant, or in conformity, except as specified.
By imposing additional duties on local agencies, this bill would impose a state-mandated local program.
The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs
mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.

Current Bill Text

Download Bill PDF