5_Exhibits A-C - Laserfiche WebLink

Government Code §65583 citizen participation and expected interim action. The schedule shall provide for adoption of the required rezoning within one year of the adoption of the resolution. (g) (1) If a local government fails to complete the rezoning by the deadline provided in subparagraph(A) of paragraph(1) of subdivision(c), as it may be extended pursuant to subdivision(f), except as provided in paragraph(2), a local government may not disapprove a housing development project, nor require a conditional use permit, planned unit development permit, or other locally imposed discretionary permit, or impose a condition that would render the project infeasible, if the housing development project(A) is proposed to be located on a site required to be rezoned pursuant to the program action required by that subparagraph and(B) complies with applicable, objective general plan and zoning standards and criteria, including design review standards, described in the program action required by that subparagraph. Any subdivision of sites shall be subject to the Subdivision Map Act (Division 2 (commencing with Section 66410)). Design review shall not constitute a"project" for purposes of Division 13 (commencing with Section 21000) of the Public Resources Code. (2)A local government may disapprove a housing development described in paragraph(1) if it makes written findings supported by substantial evidence on the record that both of the following conditions exist: (A) The housing development project would have a specific, adverse impact upon the public health or safety unless the project is disapproved or approved upon the condition that the project be developed at a lower density. As used in this paragraph, a"specific, adverse impact"means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. (B) There is no feasible method to satisfactorily mitigate or avoid the adverse impact identified pursuant to paragraph (1), other than the disapproval of the housing development project or the approval of the project upon the condition that it be developed at a lower density. (3) The applicant or any interested person may bring an action to enforce this subdivision. If a court finds that the local agency disapproved a project or conditioned its approval in violation of this subdivision,the court shall issue an order or judgment compelling compliance within 60 days. The court shall retain jurisdiction to ensure that its order or judgment is carried out. If the court determines that its order or judgment has not been carried out within 60 days, the court may issue further orders to ensure that the purposes and policies of this subdivision are fulfilled. In any such action, the city, county, or city and county shall bear the burden of proof. (4)For purposes of this subdivision, "housing development project"means a project to construct residential units for which the project developer provides sufficient legal commitments to the appropriate local agency to ensure the continued availability and use of at least 49 percent of the housing units for very low, low-, and moderate-income households with an affordable housing P20-0412,Accessory Dwelling Units Planning Commission,July 8, 2020 Exhibit B, State Law, Page 26 20 of the project. P20-0412,Accessory Dwelling Units Planning Commission, July 8, 2020 Exhibit A, PMC Amendments, Page 5 2020. P20-0412, Accessory Dwelling Units Planning Commission 6 of 9 ing windows to allow for those windows to be the same size, shape, and height. Planning Commission Minutes Page 3 of 9 June 24, 2020