SB 744

Version: Introduced
Author: Sen. Anna Caballero (D-CA)



Introduced by Senator Caballero

February 22, 2019


An act to add Article 12 (commencing with Section 65670) to Chapter 3 of Division 1 of Title 7 of the Government Code, and to add Chapter 5.5 (commencing with Section 21163) to Division 13 of the Public Resources Code, relating to housing.


LEGISLATIVE COUNSEL'S DIGEST


SB 744, as introduced, Caballero. Planning and zoning: California Environmental Quality Act: permanent supportive housing: No Place Like Home Program.
The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment.
Existing law authorizes the court, upon the motion of a party, to award attorney's fees to a prevailing party in an action that has resulted in the enforcement of an important right affecting the public interest if 3 conditions are met.
This bill would require the lead agency to prepare concurrently the record of proceeding for a No Place Like Home project, as defined, with the performance of the environmental review of the project. Because the bill would impose additional duties on the lead agency, this bill would impose a state-mandated local program. The bill would require the lead agency to file and post a notice of determination within 2 working days of the approval of the project. The bill would require a person filing an action or proceeding challenging the lead agency's action on the grounds of noncompliance with CEQA to file the action or proceeding within 10 days of the filing of the notice of determination. The bill would require a person bringing an action or proceeding to file a copy of the pleading with the Attorney General concurrent with the filing of the action or proceeding with the court. The bill would require the lead agency to file a copy the record of proceeding with the Attorney General concurrent with the filing of the record with the court. The bill would require the Attorney General, within 45 days of the receipt of the record of proceedings, to determine whether the action or proceeding is brought in the public interest. The bill would prohibit the court, if the Attorney General finds that the action or proceeding is not brought in the public interest or fails to make a determination, from awarding attorney's fees to a prevailing petitioner. The bill would apply the Rules of Court, which require an action or proceeding brought against certain projects or the granting of any approval for those projects, including any potential appeals therefrom, to be resolved, to the extent feasible, within 270 days of the filing of the certified record of proceedings with the court, to actions and proceedings against a No Place Like Home project.
The Planning and Zoning Law requires the legislative body of each county and city to adopt a comprehensive, long-term general plan for the physical development of the county or city that includes, among other mandatory elements, a housing element. Under that law, supportive housing, as defined, is a use by right in zones where multifamily and mixed uses are permitted if the proposed housing development meets specified criteria and the developer provides the planning agency with a plan for providing supportive services, as specified.
Existing law, known as the No Place Like Home Program, requires the Department of Housing and Community Development to award $2,000,000,000 among counties to finance capital costs, including, but not limited to, acquisition, design, construction, rehabilitation, or preservation, and to capitalize operating reserves, of permanent supportive housing for the target population, as specified. Existing law requires that $1,800,000,000 of the moneys available under the program be awarded, in at least 4 rounds, by a competitive program based on specified criteria, including that the county has developed a county plan to combat homelessness. Existing law requires that, before the disbursement of any funds for loans made pursuant to the competitive component of the No Place Like Home Program, the department and the development sponsor, as defined, enter into a regulatory agreement that includes specified provisions.
This bill would require that permanent supportive housing, be a use by right, as defined, in zones where multifamily and mixed uses are permitted, including nonresidential zones permitting multifamily uses, if the proposed housing development meets specified criteria, including that the housing is either (1) included in a county's application for competitive funds under the No Place Like Home Program or (2) subject to a regulatory agreement between the developer and the Department of Housing and Community Development, as described above. The bill would require a local government to approve permanent supportive housing that complies with these requirements, but would authorize the local government to engage in design review, subject to specified requirements. The bill would specify that its provisions do not prohibit a local government from imposing fees and other exactions, as specified, but would prohibit a local government from adopting any requirement, including increased fees, that applies to a project solely or partially on the basis that the housing project constitutes a permanent supportive housing development or based on the development's eligibility for ministerial approval pursuant to these provisions. The bill would include findings that the 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.
This bill, by authorizing supportive housing as a use by right under certain circumstances, would expand the exemption for the ministerial approval of projects under CEQA. Because this bill would add additional duties on local planning officials, this bill would impose a state-mandated local program.
This bill would specify that a decision of a public agency to seek funding from, or the department's awarding of funds pursuant to, the program is not a project for purposes of CEQA.
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.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 The Legislature finds and declares all of the following:
(a) California is facing an unprecedented affordable housing and homeless crisis.
(b) Homelessness and access to affordable housing are two of the state's biggest challenges today.
(c) One in three Californians cannot afford their rents.
(d) California is home to the largest share of veterans and youth experiencing homelessness.
(e) The funding for the No Place Like Home Program (Part 3.9 (commencing with Section 5849.1) of Division 5 of the Welfare and Institutions Code) was adopted by a large percentage of California voters and is focused on helping people who are experiencing homelessness and suffering from a serious mental illness get off the streets and into housing and treatment.
(f) The No Place Like Home Fund provides moneys to incentivize counties to fund housing for the most vulnerable people experiencing homelessness who are suffering from serious mental illness by building and providing the stable, supportive housing needed to help them heal and live with dignity and stay off the streets.
(g) Research and common sense show that providing people with a stable place to live along with mental health services promotes housing stability and ends homelessness.
(h) Stable, supportive housing also significantly reduces public health costs, reduces suffering for people who are experiencing homelessness and suffering from a mental illness, and achieves better health outcomes.
(i) Permanent supportive housing is good for those who are suffering on our streets and it is good for all Californians.
(j) Expanding affordable permanent housing with supportive services is what California must do for the health of our community.
(k) More than 134,000 people are languishing on our streets, huddled on sidewalks, and sleeping under freeways and along riverbanks.
(l) As many as one-third of the people living in these unsafe conditions are living with an untreated mental illness.
(m) Decades of research shows providing people with a stable place to live along with mental health services promotes healthy and stable lives.
(n) Without the foundation of a stable home connected to mental health care, people suffering from serious mental illness are unable to make it to doctor's appointments and specialized counseling services, often showing up in emergency rooms as a last resort.
(o) Permanent supportive housing significantly reduces public health costs, reduces suffering for patients, and achieves better health outcomes.
(p) For the public well-being, California must ensure that the No Place Like Home Fund is used quickly for purposes of keeping Californians experiencing homelessness off the streets, out of hospitals and emergency rooms, and receiving the mental health services they need.

SEC. 2.

 Article 12 (commencing with Section 65670) is added to Chapter 3 of Division 1 of Title 7 of the Government Code, to read:
Article  12. No Place Like Home Program Housing

65670.
 For purposes of this article:
(a) "Bus stop on a high-quality transit corridor" means a bus stop with bus service that, on average, has a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute periods.
(b) "Developer" means a development sponsor, as that term is defined in Section 5849.2 of the Welfare and Institutions Code, who submits an application for the development of permanent supportive housing pursuant to this article.
(c) "Local government" means a city, county, or city and county, whether general law or chartered.
(d) "Permanent supportive housing" has the same meaning as specified in Section 5849.2 of the Welfare and Institutions Code.
(e) "Qualified urban use" means any residential, commercial, manufacturing, retail, public institutional, transit or transportation passenger facility use, or any combination of those uses.
(f) "Reasonable objective design review standards" mean standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the developer and the public official.
(g) "Urbanized area" means either an incorporated city or a census tract with a population density of at least 2,500 persons per square mile.
(h) (1) "Use by right" means that the local government's review of the permanent supportive housing shall not require a conditional use permit, planned unit development permit, or other discretionary local government review or approval that would constitute a "project" for purposes of Division 13 (commencing with Section 21000) of the Public Resources Code.
(2) Any subdivision of a site for permanent supportive housing pursuant to this article shall be subject to all laws, including, but not limited to, the local government ordinance implementing the Subdivision Map Act (Division 2 (commencing with Section 66410)). However, that act of subdivision shall not constitute a "project" for purposes of Division 13 (commencing with Section 21000) of the Public Resources Code.
(3) A local ordinance may provide that "use by right" does not exempt the use from design review. However, that design review shall not constitute a "project" for purposes of Division 13 (commencing with Section 21000) of the Public Resources Code and shall additionally comply with the requirements set forth in Section 65672.

65671.
 Notwithstanding Section 65651, permanent supportive housing shall be a use by right in zones where multifamily and mixed uses are permitted, including nonresidential zones, as of January 1, 2020, or in zones where those uses are subsequently allowed by amendment of the local government's general plan or zoning ordinances, if the proposed housing development satisfies all of the following requirements:
(a) The proposed permanent supportive housing meets either or both of the following criteria:
(1) The proposed permanent supportive housing is specified in a county's application for an award of funds pursuant to Section 5849.8 of the Welfare and Institutions Code.
(2) The proposed permanent supportive housing is subject to a regulatory agreement entered into between a developer and the Department of Housing and Community Development pursuant to subdivision (g) of Section 5849.8 of the Welfare and Institutions Code
(b) (1) The site of the proposed permanent supportive housing is located within one-half mile of an existing or planned rail transit station, ferry terminal served by either a bus or rail transit service, or bus stop on a high-quality transit corridor.
(2) For purposes of this subdivision, a project site shall be considered to be within one-half mile of an existing or planned rail transit station, ferry terminal, or bus stop if either of the following apply:
(A) No more than 25 percent of the parcels contained on the project site are farther than one-half mile from a qualifying rail transit station, ferry terminal, or bus stop.
(B) No more than 10 percent of the residential units are farther than one-half mile of a qualifying rail transit station, ferry terminal, or bus stop.
(3) In the case of a project site that qualifies pursuant to this paragraph based on proximity to a planned rail transit station, ferry terminal, or bus stop, that planned station, terminal, or stop shall be scheduled to be completed within the planning horizon included in a transportation improvement program adopted pursuant to Section 450.216 or 450.322 of Title 23 of the Code of Federal Regulations.
(c) The site of the proposed permanent supportive housing constitutes an infill site based on either of the following criteria:
(1) The site has been previously developed for a qualified urban use.
(2) The site is a vacant site in which at least 75 percent of the perimeter of the site adjoins parcels that are developed with urban uses. For the purposes of this paragraph, parcels that are only separated by an improved public right-of-way shall be considered to be adjoined.
(d) The site of the proposed permanent supportive housing is an urbanized area.
(e) The proposed permanent supportive housing will have a residential density of at least 20 units per acre or, where applicable zoning requirements include a maximum density of less than 20 units per acre, at least 80 percent of the maximum allowed density in effect prior to submission of an application for a permanent supportive housing development.

65672.
 (a) (1) A local government shall approve a permanent supportive housing development that complies with the applicable requirements of this article.
(2) For purposes of this section, a permanent supportive housing development shall be deemed to be consistent and in compliance with the applicable requirements of this article if there is substantial evidence that would allow a reasonable person to conclude that the permanent supportive housing development is consistent and in compliance with the applicable requirements of this article.
(b) The local government may engage in design review of a permanent supportive housing development, subject to the following requirements:
(1) The design review is objective and strictly focused on assessing compliance with any reasonable objective design review standards that comply with the following requirements:
(A) The reasonable objective design review standards are generally applicable to residential dwellings of the same type in the same zone within the jurisdiction.
(B) The design review standards are published and adopted by ordinance or resolution of the local government before submission of the application for the proposed permanent supportive housing development to the local government.
(2) The reasonable objective design review standards applicable to a permanent supportive housing development may be embodied in objective land use specifications adopted by a local government, subject to the following:
(A) A development shall be deemed consistent with applicable reasonable objective design review standards related to housing density, as applicable, if the density proposed is compliant with the maximum density allowed within that land use designation as of January 1, 2020, or any increase in maximum density adopted by the local government thereafter.
(B) In the event that objective zoning, general plan, or design review standards are mutually inconsistent, a permanent supportive housing development shall be deemed consistent with reasonable objective design review standards pursuant to this subdivision if the permanent supportive housing development is consistent with the standards set forth in the general plan.
(3) The design review process or public oversight shall be completed as follows and shall not in any way inhibit, chill, or preclude the ministerial approval provided by this section or its effect, as applicable:
(A) If the proposed permanent supportive housing development contains 150 or fewer units, within 90 days of submission of the application to the local government pursuant to this article.
(B) If the proposed permanent supportive housing development contains more than 150 units, within 180 days of submission of the application to the local government pursuant to this article.

65673.
 This article does not prohibit a local government from imposing fees and other exactions otherwise authorized by law that are essential to provide necessary public services and facilities to housing developments. However, a local government shall not adopt any requirement, including, but not limited to, increased fees, that applies to a project solely or partially on the basis that the project constitutes a permanent supportive housing development or based on the development's eligibility to receive ministerial approval pursuant to this article.

65674.
 The Legislature finds and declares that, by adoption of Proposition 2 at the November 6, 2018, statewide general election, the voters expressly approved of the development of permanent supportive housing pursuant to the No Place Like Home Program (Part 3.9 (commencing with Section 5849.1) of Division 5 of the Welfare and Institutions Code). The Legislature further finds and declares that ensuring the development of permanent supportive housing in accordance with that program, by removing zoning barriers that would otherwise inhibit that development, is a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this article applies to all cities, including charter cities.

SEC. 3.

 Chapter 5.5 (commencing with Section 21163) is added to Division 13 of the Public Resources Code, to read:
CHAPTER  5.5. No Place Like Home Projects

21163.
 For purposes of this chapter, "No Place Like Home project" means a project in which at least 20 percent of the construction costs of the project are financed by moneys made available pursuant to the No Place Like Home Program (Part 3.9 (commencing with Section 5849.1) of Division 5 of the Welfare and Institution Code).

21163.1.
 Notwithstanding Section 21065, a decision by a public agency to seek funding from, or the Department of Housing and Community Development's awarding of funds pursuant to, the No Place Like Home Program is deemed to be a funding mechanism or other government fiscal activity that does not involve any commitment to any specific project that may result in a potentially significant physical impact on the environment and is not a project for purposes of this division.

21163.2.
 The lead agency shall prepare and certify the record of proceeding for the environmental review of a No Place Like Home project in accordance with Section 21186.

21163.3.
 (a) If a local agency approves or determines to carry out a No Place Like Home project that is subject to this division, the local agency shall file and post the notice required by Section 21152 within two working days of the approval of the project in accordance with the requirements of Section 21152.
(b) Notwithstanding Section 21167, an action or proceeding to attack, review, set aside, void, or annul the acts or decision of a public agency on the grounds of noncompliance with this division for a No Place Like Home project shall commence within 10 days from the date of the filing of the notice required pursuant to subdivision (a).

21163.4.
 (a) (1) Concurrent with the filing of the petition, a person bringing an action or proceeding against a No Place Like Home project shall, in accordance with Section 21167.7, file a copy of the pleading with the Attorney General.
(2) Concurrent with the filing of the certified record of proceeding with the court, the lead agency shall file a copy of the record of proceeding with the Attorney General.
(b) Within 45 days of the receipt of the certified record of proceeding, the Attorney General shall review the pleading and the record of proceeding and shall determine whether the action or proceeding is brought to protect a public interest. If the Attorney General determines that the action or proceeding is not brought in the public interest or fails to make a determination within the 45-day period, the court shall not award attorney's fees to a prevailing petitioner in the action or proceeding pursuant to Section 1021.5 of the Code of Civil Procedure.

21163.5.
 Rules 3.2220 to 3.2237, inclusive, of the California Rules of Court, as may be amended by the Judicial Council, shall apply to any action or proceeding brought to attack, review, set aside, void, or annul the certification or adoption of an environmental review document for a No Place Like Home project or the granting of any approval for that project, to require the action or proceeding, including any potential appeals therefrom, to be resolved, to the extent feasible, within 270 days of the filing of the certified record of proceedings with the court. On or before September 1, 2020, the Judicial Council shall amend the California Rules of Court, as necessary, to implement this section.

SEC. 4.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.

SB 744

Version: Introduced
Author: Sen. Anna Caballero (D-CA)



Introduced by Senator Caballero

February 22, 2019


An act to add Article 12 (commencing with Section 65670) to Chapter 3 of Division 1 of Title 7 of the Government Code, and to add Chapter 5.5 (commencing with Section 21163) to Division 13 of the Public Resources Code, relating to housing.


LEGISLATIVE COUNSEL'S DIGEST


SB 744, as introduced, Caballero. Planning and zoning: California Environmental Quality Act: permanent supportive housing: No Place Like Home Program.
The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment.
Existing law authorizes the court, upon the motion of a party, to award attorney's fees to a prevailing party in an action that has resulted in the enforcement of an important right affecting the public interest if 3 conditions are met.
This bill would require the lead agency to prepare concurrently the record of proceeding for a No Place Like Home project, as defined, with the performance of the environmental review of the project. Because the bill would impose additional duties on the lead agency, this bill would impose a state-mandated local program. The bill would require the lead agency to file and post a notice of determination within 2 working days of the approval of the project. The bill would require a person filing an action or proceeding challenging the lead agency's action on the grounds of noncompliance with CEQA to file the action or proceeding within 10 days of the filing of the notice of determination. The bill would require a person bringing an action or proceeding to file a copy of the pleading with the Attorney General concurrent with the filing of the action or proceeding with the court. The bill would require the lead agency to file a copy the record of proceeding with the Attorney General concurrent with the filing of the record with the court. The bill would require the Attorney General, within 45 days of the receipt of the record of proceedings, to determine whether the action or proceeding is brought in the public interest. The bill would prohibit the court, if the Attorney General finds that the action or proceeding is not brought in the public interest or fails to make a determination, from awarding attorney's fees to a prevailing petitioner. The bill would apply the Rules of Court, which require an action or proceeding brought against certain projects or the granting of any approval for those projects, including any potential appeals therefrom, to be resolved, to the extent feasible, within 270 days of the filing of the certified record of proceedings with the court, to actions and proceedings against a No Place Like Home project.
The Planning and Zoning Law requires the legislative body of each county and city to adopt a comprehensive, long-term general plan for the physical development of the county or city that includes, among other mandatory elements, a housing element. Under that law, supportive housing, as defined, is a use by right in zones where multifamily and mixed uses are permitted if the proposed housing development meets specified criteria and the developer provides the planning agency with a plan for providing supportive services, as specified.
Existing law, known as the No Place Like Home Program, requires the Department of Housing and Community Development to award $2,000,000,000 among counties to finance capital costs, including, but not limited to, acquisition, design, construction, rehabilitation, or preservation, and to capitalize operating reserves, of permanent supportive housing for the target population, as specified. Existing law requires that $1,800,000,000 of the moneys available under the program be awarded, in at least 4 rounds, by a competitive program based on specified criteria, including that the county has developed a county plan to combat homelessness. Existing law requires that, before the disbursement of any funds for loans made pursuant to the competitive component of the No Place Like Home Program, the department and the development sponsor, as defined, enter into a regulatory agreement that includes specified provisions.
This bill would require that permanent supportive housing, be a use by right, as defined, in zones where multifamily and mixed uses are permitted, including nonresidential zones permitting multifamily uses, if the proposed housing development meets specified criteria, including that the housing is either (1) included in a county's application for competitive funds under the No Place Like Home Program or (2) subject to a regulatory agreement between the developer and the Department of Housing and Community Development, as described above. The bill would require a local government to approve permanent supportive housing that complies with these requirements, but would authorize the local government to engage in design review, subject to specified requirements. The bill would specify that its provisions do not prohibit a local government from imposing fees and other exactions, as specified, but would prohibit a local government from adopting any requirement, including increased fees, that applies to a project solely or partially on the basis that the housing project constitutes a permanent supportive housing development or based on the development's eligibility for ministerial approval pursuant to these provisions. The bill would include findings that the 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.
This bill, by authorizing supportive housing as a use by right under certain circumstances, would expand the exemption for the ministerial approval of projects under CEQA. Because this bill would add additional duties on local planning officials, this bill would impose a state-mandated local program.
This bill would specify that a decision of a public agency to seek funding from, or the department's awarding of funds pursuant to, the program is not a project for purposes of CEQA.
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.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 The Legislature finds and declares all of the following:
(a) California is facing an unprecedented affordable housing and homeless crisis.
(b) Homelessness and access to affordable housing are two of the state's biggest challenges today.
(c) One in three Californians cannot afford their rents.
(d) California is home to the largest share of veterans and youth experiencing homelessness.
(e) The funding for the No Place Like Home Program (Part 3.9 (commencing with Section 5849.1) of Division 5 of the Welfare and Institutions Code) was adopted by a large percentage of California voters and is focused on helping people who are experiencing homelessness and suffering from a serious mental illness get off the streets and into housing and treatment.
(f) The No Place Like Home Fund provides moneys to incentivize counties to fund housing for the most vulnerable people experiencing homelessness who are suffering from serious mental illness by building and providing the stable, supportive housing needed to help them heal and live with dignity and stay off the streets.
(g) Research and common sense show that providing people with a stable place to live along with mental health services promotes housing stability and ends homelessness.
(h) Stable, supportive housing also significantly reduces public health costs, reduces suffering for people who are experiencing homelessness and suffering from a mental illness, and achieves better health outcomes.
(i) Permanent supportive housing is good for those who are suffering on our streets and it is good for all Californians.
(j) Expanding affordable permanent housing with supportive services is what California must do for the health of our community.
(k) More than 134,000 people are languishing on our streets, huddled on sidewalks, and sleeping under freeways and along riverbanks.
(l) As many as one-third of the people living in these unsafe conditions are living with an untreated mental illness.
(m) Decades of research shows providing people with a stable place to live along with mental health services promotes healthy and stable lives.
(n) Without the foundation of a stable home connected to mental health care, people suffering from serious mental illness are unable to make it to doctor's appointments and specialized counseling services, often showing up in emergency rooms as a last resort.
(o) Permanent supportive housing significantly reduces public health costs, reduces suffering for patients, and achieves better health outcomes.
(p) For the public well-being, California must ensure that the No Place Like Home Fund is used quickly for purposes of keeping Californians experiencing homelessness off the streets, out of hospitals and emergency rooms, and receiving the mental health services they need.

SEC. 2.

 Article 12 (commencing with Section 65670) is added to Chapter 3 of Division 1 of Title 7 of the Government Code, to read:
Article  12. No Place Like Home Program Housing

65670.
 For purposes of this article:
(a) "Bus stop on a high-quality transit corridor" means a bus stop with bus service that, on average, has a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute periods.
(b) "Developer" means a development sponsor, as that term is defined in Section 5849.2 of the Welfare and Institutions Code, who submits an application for the development of permanent supportive housing pursuant to this article.
(c) "Local government" means a city, county, or city and county, whether general law or chartered.
(d) "Permanent supportive housing" has the same meaning as specified in Section 5849.2 of the Welfare and Institutions Code.
(e) "Qualified urban use" means any residential, commercial, manufacturing, retail, public institutional, transit or transportation passenger facility use, or any combination of those uses.
(f) "Reasonable objective design review standards" mean standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the developer and the public official.
(g) "Urbanized area" means either an incorporated city or a census tract with a population density of at least 2,500 persons per square mile.
(h) (1) "Use by right" means that the local government's review of the permanent supportive housing shall not require a conditional use permit, planned unit development permit, or other discretionary local government review or approval that would constitute a "project" for purposes of Division 13 (commencing with Section 21000) of the Public Resources Code.
(2) Any subdivision of a site for permanent supportive housing pursuant to this article shall be subject to all laws, including, but not limited to, the local government ordinance implementing the Subdivision Map Act (Division 2 (commencing with Section 66410)). However, that act of subdivision shall not constitute a "project" for purposes of Division 13 (commencing with Section 21000) of the Public Resources Code.
(3) A local ordinance may provide that "use by right" does not exempt the use from design review. However, that design review shall not constitute a "project" for purposes of Division 13 (commencing with Section 21000) of the Public Resources Code and shall additionally comply with the requirements set forth in Section 65672.

65671.
 Notwithstanding Section 65651, permanent supportive housing shall be a use by right in zones where multifamily and mixed uses are permitted, including nonresidential zones, as of January 1, 2020, or in zones where those uses are subsequently allowed by amendment of the local government's general plan or zoning ordinances, if the proposed housing development satisfies all of the following requirements:
(a) The proposed permanent supportive housing meets either or both of the following criteria:
(1) The proposed permanent supportive housing is specified in a county's application for an award of funds pursuant to Section 5849.8 of the Welfare and Institutions Code.
(2) The proposed permanent supportive housing is subject to a regulatory agreement entered into between a developer and the Department of Housing and Community Development pursuant to subdivision (g) of Section 5849.8 of the Welfare and Institutions Code
(b) (1) The site of the proposed permanent supportive housing is located within one-half mile of an existing or planned rail transit station, ferry terminal served by either a bus or rail transit service, or bus stop on a high-quality transit corridor.
(2) For purposes of this subdivision, a project site shall be considered to be within one-half mile of an existing or planned rail transit station, ferry terminal, or bus stop if either of the following apply:
(A) No more than 25 percent of the parcels contained on the project site are farther than one-half mile from a qualifying rail transit station, ferry terminal, or bus stop.
(B) No more than 10 percent of the residential units are farther than one-half mile of a qualifying rail transit station, ferry terminal, or bus stop.
(3) In the case of a project site that qualifies pursuant to this paragraph based on proximity to a planned rail transit station, ferry terminal, or bus stop, that planned station, terminal, or stop shall be scheduled to be completed within the planning horizon included in a transportation improvement program adopted pursuant to Section 450.216 or 450.322 of Title 23 of the Code of Federal Regulations.
(c) The site of the proposed permanent supportive housing constitutes an infill site based on either of the following criteria:
(1) The site has been previously developed for a qualified urban use.
(2) The site is a vacant site in which at least 75 percent of the perimeter of the site adjoins parcels that are developed with urban uses. For the purposes of this paragraph, parcels that are only separated by an improved public right-of-way shall be considered to be adjoined.
(d) The site of the proposed permanent supportive housing is an urbanized area.
(e) The proposed permanent supportive housing will have a residential density of at least 20 units per acre or, where applicable zoning requirements include a maximum density of less than 20 units per acre, at least 80 percent of the maximum allowed density in effect prior to submission of an application for a permanent supportive housing development.

65672.
 (a) (1) A local government shall approve a permanent supportive housing development that complies with the applicable requirements of this article.
(2) For purposes of this section, a permanent supportive housing development shall be deemed to be consistent and in compliance with the applicable requirements of this article if there is substantial evidence that would allow a reasonable person to conclude that the permanent supportive housing development is consistent and in compliance with the applicable requirements of this article.
(b) The local government may engage in design review of a permanent supportive housing development, subject to the following requirements:
(1) The design review is objective and strictly focused on assessing compliance with any reasonable objective design review standards that comply with the following requirements:
(A) The reasonable objective design review standards are generally applicable to residential dwellings of the same type in the same zone within the jurisdiction.
(B) The design review standards are published and adopted by ordinance or resolution of the local government before submission of the application for the proposed permanent supportive housing development to the local government.
(2) The reasonable objective design review standards applicable to a permanent supportive housing development may be embodied in objective land use specifications adopted by a local government, subject to the following:
(A) A development shall be deemed consistent with applicable reasonable objective design review standards related to housing density, as applicable, if the density proposed is compliant with the maximum density allowed within that land use designation as of January 1, 2020, or any increase in maximum density adopted by the local government thereafter.
(B) In the event that objective zoning, general plan, or design review standards are mutually inconsistent, a permanent supportive housing development shall be deemed consistent with reasonable objective design review standards pursuant to this subdivision if the permanent supportive housing development is consistent with the standards set forth in the general plan.
(3) The design review process or public oversight shall be completed as follows and shall not in any way inhibit, chill, or preclude the ministerial approval provided by this section or its effect, as applicable:
(A) If the proposed permanent supportive housing development contains 150 or fewer units, within 90 days of submission of the application to the local government pursuant to this article.
(B) If the proposed permanent supportive housing development contains more than 150 units, within 180 days of submission of the application to the local government pursuant to this article.

65673.
 This article does not prohibit a local government from imposing fees and other exactions otherwise authorized by law that are essential to provide necessary public services and facilities to housing developments. However, a local government shall not adopt any requirement, including, but not limited to, increased fees, that applies to a project solely or partially on the basis that the project constitutes a permanent supportive housing development or based on the development's eligibility to receive ministerial approval pursuant to this article.

65674.
 The Legislature finds and declares that, by adoption of Proposition 2 at the November 6, 2018, statewide general election, the voters expressly approved of the development of permanent supportive housing pursuant to the No Place Like Home Program (Part 3.9 (commencing with Section 5849.1) of Division 5 of the Welfare and Institutions Code). The Legislature further finds and declares that ensuring the development of permanent supportive housing in accordance with that program, by removing zoning barriers that would otherwise inhibit that development, is a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this article applies to all cities, including charter cities.

SEC. 3.

 Chapter 5.5 (commencing with Section 21163) is added to Division 13 of the Public Resources Code, to read:
CHAPTER  5.5. No Place Like Home Projects

21163.
 For purposes of this chapter, "No Place Like Home project" means a project in which at least 20 percent of the construction costs of the project are financed by moneys made available pursuant to the No Place Like Home Program (Part 3.9 (commencing with Section 5849.1) of Division 5 of the Welfare and Institution Code).

21163.1.
 Notwithstanding Section 21065, a decision by a public agency to seek funding from, or the Department of Housing and Community Development's awarding of funds pursuant to, the No Place Like Home Program is deemed to be a funding mechanism or other government fiscal activity that does not involve any commitment to any specific project that may result in a potentially significant physical impact on the environment and is not a project for purposes of this division.

21163.2.
 The lead agency shall prepare and certify the record of proceeding for the environmental review of a No Place Like Home project in accordance with Section 21186.

21163.3.
 (a) If a local agency approves or determines to carry out a No Place Like Home project that is subject to this division, the local agency shall file and post the notice required by Section 21152 within two working days of the approval of the project in accordance with the requirements of Section 21152.
(b) Notwithstanding Section 21167, an action or proceeding to attack, review, set aside, void, or annul the acts or decision of a public agency on the grounds of noncompliance with this division for a No Place Like Home project shall commence within 10 days from the date of the filing of the notice required pursuant to subdivision (a).

21163.4.
 (a) (1) Concurrent with the filing of the petition, a person bringing an action or proceeding against a No Place Like Home project shall, in accordance with Section 21167.7, file a copy of the pleading with the Attorney General.
(2) Concurrent with the filing of the certified record of proceeding with the court, the lead agency shall file a copy of the record of proceeding with the Attorney General.
(b) Within 45 days of the receipt of the certified record of proceeding, the Attorney General shall review the pleading and the record of proceeding and shall determine whether the action or proceeding is brought to protect a public interest. If the Attorney General determines that the action or proceeding is not brought in the public interest or fails to make a determination within the 45-day period, the court shall not award attorney's fees to a prevailing petitioner in the action or proceeding pursuant to Section 1021.5 of the Code of Civil Procedure.

21163.5.
 Rules 3.2220 to 3.2237, inclusive, of the California Rules of Court, as may be amended by the Judicial Council, shall apply to any action or proceeding brought to attack, review, set aside, void, or annul the certification or adoption of an environmental review document for a No Place Like Home project or the granting of any approval for that project, to require the action or proceeding, including any potential appeals therefrom, to be resolved, to the extent feasible, within 270 days of the filing of the certified record of proceedings with the court. On or before September 1, 2020, the Judicial Council shall amend the California Rules of Court, as necessary, to implement this section.

SEC. 4.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.