Housing Accountability Act Technical Assistance Advisory 35 accommodate development at the density allowed on the site by the general plan and proposed by the proposed housing development project.
(k) (1) (A) (i) The applicant, a person who would be eligible to apply for residency in the housing development project or emergency shelter, or a housing organization may bring an action to enforce this section. If, in any action brought to enforce this section, a court finds that any of the following are met, the court shall issue an order pursuant to clause (ii):
(I) The local agency, in violation of subdivision (d), disapproved a housing development project or conditioned its approval in a manner rendering it infeasible for the development of an emergency shelter, or housing for very low, low-, or moderate-income households, including farmworker housing, without making the findings required by this section or without making findings supported by a preponderance of the evidence.
(II) The local agency, in violation of subdivision (j), disapproved a housing development project complying with applicable, objective general plan and zoning standards and criteria, or imposed a condition that the project be developed at a lower density, without making the findings required by this section or without making findings supported by a preponderance of the evidence.
(III) (ia) Subject to sub-subclause (ib), the local agency, in violation of subdivision (o), required or attempted to require a housing development project to comply with an ordinance, policy, or standard not adopted and in effect when a preliminary application was submitted. (ib) This subclause shall become inoperative on January 1, 2025. (ii) If the court finds that one of the conditions in clause(i) is met, the court shall issue an order or judgment compelling compliance with this section within 60 days, including, but not limited to, an order that the local agency take action on the housing development project or emergency shelter. The court may issue an order or judgment directing the local agency to approve the housing development project or emergency shelter if the court finds that the local agency acted in bad faith when it disapproved or conditionally approved the housing development or emergency shelter in violation of this section. The court shall retain jurisdiction to ensure that its order or judgment is carried out and shall award reasonable attorney’s fees and costs of suit to the plaintiff or petitioner, except under extraordinary circumstances in which the court finds that awarding fees would not further the purposes of this section. (B) (i) Upon a determination that the local agency has failed to comply with the order or judgment compelling compliance with this section within 60 days issued pursuant to subparagraph (A), the court shall impose fines on a local agency that has violated this section and require the local agency to deposit any fine levied pursuant to this subdivision into a local housing trust fund. The local agency may elect to instead deposit the fine into the Building Homes and Jobs Fund, if Senate Bill 2 of the 2017–18 Regular Session is enacted, or otherwise in the Housing Rehabilitation Loan Fund. The fine shall be in a minimum amount of ten thousand dollars ($10,000) per housing unit in the housing development project on the date the application was deemed complete pursuant to Section 65943. In determining the amount of fine to impose, the court shall consider the local agency’s progress in attaining its target allocation of the regional housing need pursuant to Section 65584 and any prior violations of this section. Fines shall not be paid out of funds already dedicated to affordable housing, including, but not limited to, Low and Moderate Income Housing Asset Funds, funds dedicated PR-2022-001313 - CPC Exhibit 10 - HCD Housing Accountability Act Technical Advisory Appendix D: Housing Accountability Act Statute (2020)
Housing Accountability Act Technical Assistance Advisory 36 to housing for very low, low-, and moderate-income households, and federal HOME Investment Partnerships Program and Community Development Block Grant Program funds. The local agency shall commit and expend the money in the local housing trust fund within five years for the sole purpose of financing newly constructed housing units affordable to extremely low, very low, or low-income households. After five years, if the funds have not been expended, the money shall revert to the state and be deposited in the Building Homes and Jobs Fund, if Senate Bill 2 of the 2017–18 Regular Session is enacted, or otherwise in the Housing Rehabilitation Loan Fund, for the sole purpose of financing newly constructed housing units affordable to extremely low, very low, or low-income households. (ii) If any money derived from a fine imposed pursuant to this subparagraph is deposited in the Housing Rehabilitation Loan Fund, then, notwithstanding Section 50661 of the Health and Safety Code, that money shall be available only upon appropriation by the Legislature. (C) If the court determines that its order or judgment has not been carried out within 60 days, the court may issue further orders as provided by law to ensure that the purposes and policies of this section are fulfilled, including, but not limited to, an order to vacate the decision of the local agency and to approve the housing development project, in which case the application for the housing development project, as proposed by the applicant at the time the local agency took the initial action determined to be in violation of this section, along with any standard conditions determined by the court to be generally imposed by the local agency on similar projects, shall be deemed to be approved unless the applicant consents to a different decision or action by the local agency.
(2) For purposes of this subdivision, “housing organization” means a trade or industry group whose local members are primarily engaged in the construction or management of housing units or a nonprofit organization whose mission includes providing or advocating for increased access to housing for low-income households and have filed written or oral comments with the local agency prior to action on the housing development project. A housing organization may only file an action pursuant to this section to challenge the disapproval of a housing development by a local agency. A housing organization shall be entitled to reasonable attorney’s fees and costs if it is the prevailing party in an action to enforce this section. (l) If the court finds that the local agency (1) acted in bad faith when it disapproved or conditionally approved the housing development or emergency shelter in violation of this section and (2) failed to carry out the court’s order or judgment within 60 days as described in subdivision (k), the court, in addition to any other remedies provided by this section, shall multiply the fine determined pursuant to subparagraph (B) of paragraph (1) of subdivision (k) by a factor of five. For purposes of this section, “bad faith” includes, but is not limited to, an action that is frivolous or otherwise entirely without merit.
(m) Any action brought to enforce the provisions of this section shall be brought pursuant to Section 1094.5 of the Code of Civil Procedure, and the local agency shall prepare and certify the record of proceedings in accordance with subdivision (c) of Section 1094.6 of the Code of Civil Procedure no later than 30 days after the petition is served, provided that the cost of preparation of the record shall be borne by the local agency, unless the petitioner elects to prepare the record as provided in subdivision (n) of this section. A petition to enforce the provisions of this section shall be filed and served no later than 90 days from the later of (1) the effective date of a decision of the local agency imposing conditions on, disapproving, or any PR-2022-001313 - CPC Exhibit 10 - HCD Housing Accountability Act Technical Advisory Appendix D: Housing Accountability Act Statute (2020)
Housing Accountability Act Technical Assistance Advisory 37 other final action on a housing development project or (2) the expiration of the time periods specified in subparagraph (B) of paragraph (5) of subdivision (h). Upon entry of the trial court’s order, a party may, in order to obtain appellate review of the order, file a petition within 20 days after service upon it of a written notice of the entry of the order, or within such further time not exceeding an additional 20 days as the trial court may for good cause allow, or may appeal the judgment or order of the trial court under Section 904.1 of the Code of Civil Procedure. If the local agency appeals the judgment of the trial court, the local agency shall post a bond, in an amount to be determined by the court, to the benefit of the plaintiff if the plaintiff is the project applicant.
(n) In any action, the record of the proceedings before the local agency shall be filed as expeditiously as possible and, notwithstanding Section 1094.6 of the Code of Civil Procedure or subdivision (m) of this section, all or part of the record may be prepared (1) by the petitioner with the petition or petitioner’s points and authorities, (2) by the respondent with respondent’s points and authorities, (3) after payment of costs by the petitioner, or (4) as otherwise directed by the court. If the expense of preparing the record has been borne by the petitioner and the petitioner is the prevailing party, the expense shall be taxable as costs. (o) (1) Subject to paragraphs (2), (6), and (7), and subdivision (d) of Section 65941.1, a housing development project shall be subject only to the ordinances, policies, and standards adopted and in effect when a preliminary application including all of the information required by subdivision (a) of Section 65941.1 was submitted.
(2) Paragraph (1) shall not prohibit a housing development project from being subject to ordinances, policies, and standards adopted after the preliminary application was submitted pursuant to Section 65941.1 in the following circumstances:
(A) In the case of a fee, charge, or other monetary exaction, to an increase resulting from an automatic annual adjustment based on an independently published cost index that is referenced in the ordinance or resolution establishing the fee or other monetary exaction. (B) A preponderance of the evidence in the record establishes that subjecting the housing development project to an ordinance, policy, or standard beyond those in effect when a preliminary application was submitted is necessary to mitigate or avoid a specific, adverse impact upon the public health or safety, as defined in subparagraph (A) of paragraph (1) of subdivision (j), and there is no feasible alternative method to satisfactorily mitigate or avoid the adverse impact.
(C) Subjecting the housing development project to an ordinance, policy, standard, or any other measure, beyond those in effect when a preliminary application was submitted is necessary to avoid or substantially lessen an impact of the project under the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code). (D) The housing development project has not commenced construction within two and one-half years following the date that the project received final approval. For purposes of this subparagraph, “final approval” means that the housing development project has received all necessary approvals to be eligible to apply for, and obtain, a building permit or permits and either of the following is met:
PR-2022-001313 - CPC Exhibit 10 - HCD Housing Accountability Act Technical Advisory Appendix D: Housing Accountability Act Statute (2020)
Housing Accountability Act Technical Assistance Advisory 38 (i) The expiration of all applicable appeal periods, petition periods, reconsideration periods, or statute of limitations for challenging that final approval without an appeal, petition, request for reconsideration, or legal challenge having been filed.
(ii) If a challenge is filed, that challenge is fully resolved or settled in favor of the housing development project.
(E) The housing development project is revised following submittal of a preliminary application pursuant to Section 65941.1 such that the number of residential units or square footage of construction changes by 20 percent or more, exclusive of any increase resulting from the receipt of a density bonus, incentive, concession, waiver, or similar provision. For purposes of this subdivision, “square footage of construction” means the building area, as defined by the California Building Standards Code (Title 24 of the California Code of Regulations). (3) This subdivision does not prevent a local agency from subjecting the additional units or square footage of construction that result from project revisions occurring after a preliminary application is submitted pursuant to Section 65941.1 to the ordinances, policies, and standards adopted and in effect when the preliminary application was submitted. (4) For purposes of this subdivision, “ordinances, policies, and standards” includes 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 in Section 66000, including those relating to development impact fees, capacity or connection fees or charges, permit or processing fees, and other exactions. (5) This subdivision shall not be construed in a manner that would lessen the restrictions imposed on a local agency, or lessen the protections afforded to a housing development project, that are established by any other law, including any other part of this section. (6) This subdivision shall not restrict the authority of a public agency or local agency to require mitigation measures to lessen the impacts of a housing development project under the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).
(7) With respect to completed residential units for which the project approval process is complete and a certificate of occupancy has been issued, nothing in this subdivision shall limit the application of later enacted ordinances, policies, and standards that regulate the use and occupancy of those residential units, such as ordinances relating to rental housing inspection, rent stabilization, restrictions on short-term renting, and business licensing requirements for owners of rental housing.
(8) This subdivision shall become inoperative on January 1, 2025. (p) This section shall be known, and may be cited, as the Housing Accountability Act.
PR-2022-001313 - CPC Exhibit 10 - HCD Housing Accountability Act Technical Advisory PR-2022-001313 - CPC Exhibit 11 - Tract 28756 Conditions of Approval PR-2022-001313 - CPC Exhibit 11 - Tract 28756 Conditions of Approval PR-2022-001313 - CPC Exhibit 11 - Tract 28756 Conditions of Approval PR-2022-001313 - CPC Exhibit 11 - Tract 28756 Conditions of Approval PR-2022-001313 - CPC Exhibit 11 - Tract 28756 Conditions of Approval PR-2022-001313 - CPC Exhibit 11 - Tract 28756 Conditions of Approval PR-2022-001313 - CPC Exhibit 11 - Tract 28756 Conditions of Approval PR-2022-001313 - CPC Exhibit 11 - Tract 28756 Conditions of Approval PR-2022-001313 - CPC Exhibit 11 - Tract 28756 Conditions of Approval PR-2022-001313 - CPC Exhibit 11 - Tract 28756 Conditions of Approval PR-2022-001313 - CPC Exhibit 11 - Tract 28756 Conditions of Approval PR-2022-001313 - CPC Exhibit 11 - Tract 28756 Conditions of Approval PR-2022-001313 - CPC Exhibit 11 - Tract 28756 Conditions of Approval PR-2022-001313 - CPC Exhibit 11 - Tract 28756 Conditions of Approval PR-2022-001313 - CPC Exhibit 11 - Tract 28756 Conditions of Approval PR-2022-001313 - CPC Exhibit 11 - Tract 28756 Conditions of Approval PR-2022-001313 - CPC Exhibit 11 - Tract 28756 Conditions of Approval PR-2022-001313 - CPC Exhibit 11 - Tract 28756 Conditions of Approval PR-2022-001313 - CPC Exhibit 11 - Tract 28756 Conditions of Approval PR-2022-001313 - CPC Exhibit 11 - Tract 28756 Conditions of Approval PR-2022-001313 - CPC Exhibit 11 - Tract 28756 Conditions of Approval PR-2022-001313 - CPC Exhibit 11 - Tract 28756 Conditions of Approval PR-2022-001313 - CPC Exhibit 11 - Tract 28756 Conditions of Approval PR-2022-001313 - CPC Exhibit 11 - Tract 28756 Conditions of Approval PR-2022-001313 - CPC Exhibit 11 - Tract 28756 Conditions of Approval PR-2022-001313 - CPC Exhibit 11 - Tract 28756 Conditions of Approval PR-2022-001313 - CPC Exhibit 11 - Tract 28756 Conditions of Approval PR-2022-001313 - CPC Exhibit 11 - Tract 28756 Conditions of Approval PR-2022-001313 - CPC Exhibit 11 - Tract 28756 Conditions of Approval PR-2022-001313 - CPC Exhibit 11 - Tract 28756 Conditions of Approval PR-2022-001313 - CPC Exhibit 11 - Tract 28756 Conditions of Approval PR-2022-001313 - CPC Exhibit 11 - Tract 28756 Conditions of Approval PR-2022-001313 - CPC Exhibit 11 - Tract 28756 Conditions of Approval PR-2022-001313 - CPC Exhibit 11 - Tract 28756 Conditions of Approval PR-2022-001313 - CPC Exhibit 11 - Tract 28756 Conditions of Approval PR-2022-001313 - CPC Exhibit 11 - Tract 28756 Conditions of Approval PR-2022-001313 - CPC Exhibit 11 - Tract 28756 Conditions of Approval PR-2022-001313 - CPC Exhibit 11 - Tract 28756 Conditions of Approval PR-2022-001313 - CPC Exhibit 11 - Tract 28756 Conditions of Approval PR-2022-001313 - CPC Exhibit 11 - Tract 28756 Conditions of Approval PR-2022-001313 - CPC Exhibit 11 - Tract 28756 Conditions of Approval PR-2022-001313 - CPC Exhibit 11 - Tract 28756 Conditions of Approval PR-2022-001313 - CPC Exhibit 11 - Tract 28756 Conditions of Approval PR-2022-001313 - CPC Exhibit 11 - Tract 28756 Conditions of Approval PR-2022-001313 - CPC Exhibit 11 - Tract 28756 Conditions of Approval PR-2022-001313 - CPC Exhibit 11 - Tract 28756 Conditions of Approval PR-2022-001313 - CPC Exhibit 11 - Tract 28756 Conditions of Approval PR-2022-001313 - CPC Exhibit 11 - Tract 28756 Conditions of Approval PR-2022-001313 - CPC Exhibit 11 - Tract 28756 Conditions of Approval PR-2022-001313 - CPC Exhibit 11 - Tract 28756 Conditions of Approval PR-2022-001313 - CPC Exhibit 11 - Tract 28756 Conditions of Approval PR-2022-001313 - CPC Exhibit 11 - Tract 28756 Conditions of Approval PR-2022-001313 - CPC Exhibit 11 - Tract 28756 Conditions of Approval PR-2022-001313 - CPC Exhibit 11 - Tract 28756 Conditions of Approval PR-2022-001313 - CPC Exhibit 11 - Tract 28756 Conditions of Approval PR-2022-001313 - CPC Exhibit 11 - Tract 28756 Conditions of Approval PR-2022-001313 - CPC Exhibit 11 - Tract 28756 Conditions of Approval PR-2022-001313 - CPC Exhibit 11 - Tract 28756 Conditions of Approval PR-2022-001313 - CPC Exhibit 11 - Tract 28756 Conditions of Approval PR-2022-001313 - CPC Exhibit 11 - Tract 28756 Conditions of Approval PR-2022-001313 - CPC Exhibit 11 - Tract 28756 Conditions of Approval PR-2022-001313 - CPC Exhibit 11 - Tract 28756 Conditions of Approval PR-2022-001313 - CPC Exhibit 11 - Tract 28756 Conditions of Approval PR-2022-001313 - CPC Exhibit 11 - Tract 28756 Conditions of Approval PR-2022-001313 - CPC Exhibit 11 - Tract 28756 Conditions of Approval PR-2022-001313 - CPC Exhibit 11 - Tract 28756 Conditions of Approval PR-2022-001313 - CPC Exhibit 11 - Tract 28756 Conditions of Approval PR-2022-001313 - CPC Exhibit 11 - Tract 28756 Conditions of Approval PR-2022-001313 - CPC Exhibit 11 - Tract 28756 Conditions of Approval PR-2022-001313 - CPC Exhibit 12 - Tract 28756 Final Map PR-2022-001313 - CPC Exhibit 12 - Tract 28756 Final Map PR-2022-001313 - CPC Exhibit 12 - Tract 28756 Final Map PR-2022-001313 - CPC Exhibit 12 - Tract 28756 Final Map
LA SIERRA AVARLINGTON AV
ALHAMBRA AV
CLARA CT
LINDY ST
HEATHCLIFF DR
CATSPAW DR
SIAMESE PL
WESTERN AV
FRANCISCO PL
BLACKBERRY PL
CORAL RIDGE DR
AUTUMNWOOD DR
LONGMEADOW ST
BARKHO CT
FRANCISCO PL
HR
PF
MDR
SRR
MDR
SRR
HR
SRR
MDR
VLDR
MDR
MDR
SRR
MDR
MDR
MDR
MDR
MDR
MDR
MDR
VLDR
NPR-2022-001313 (ZC, RZ), Exhibit 13 - General Plan Map 01 5 0 3 0 075 Feet
Project Site
Key
Project Site
HR - Hilside Residential
MDR - Medium Density Residential
PF - Public Facilities/Institutions
SRR- Semi-Rural Residential
VLDR- Very Low Density Residential
LA SIERRA AVARLINGTON AV
ALHAMBRA AV
CLARA CT
LINDY ST
HEATHCLIFF DR
CATSPAW DR
SIAMESE PL
WESTERN AV
FRANCISCO PL
BLACKBERRY PL
CORAL RIDGE DR
AUTUMNWOOD DR
LONGMEADOW ST
BARKHO CT
FRANCISCO PL
NPR-2022-001313 (ZC, RZ), Exhibit 14 - Location Map 01 5 0 3 0 075 Feet
Project Site
NN
GOLDENTERRACE DR
HEATHCLIFF DR
ALHAMBRA AV
PARKHAVEN
WY
ORCHARD
GROVE WY
CYPRESS
AV
WESTERN
AV
CYPRESS AV
LINDY ST
CORAL
RIDGE DRARLINGTON AV
BARKHO
CT
LA SIERRA AV
SWEETWATER
DR
AUTUMNWOODDR
CATSPAW
DRTABBY
CT
CLARA CT
LORENZO DR
SIAMESEPL
RC
R-1-8500
RR
RC
R-1-8500
R-1-8500
R-1-8500
R-1-7000
R-1-7000
RR
RR
R-1-8500
RR
R-1-8500
R-1-7000
RC
R-1-8500 N
0 430 860 1,290 1,720215
Feet
PF
R-1-7000
PF
BMP
PF
BMP
GOLDENTERRACE DR
HEATHCLIFF DR
ALHAMBRA AV
ARLINGTON AV
PARKHAVEN
WY
CYPRESS AV
LINDY ST
LA SIERRA AV
CORAL
RIDGE DR
BARKHO
CT
SWEETWATER
DR
SOMERVALE
DR
CATSPAW
DRTABBY
CT
CLARA CT
LORENZO DR
CYPRESS
AV
RC
R-1-8500
RR
RC
R-1-8500
R-1-8500
R-1-8500
R-1-7000
R-1-7000RR
RR
R-1-8500
RR
R-1-8500
R-1-7000
RC
RC R-1-8500
R-1-8500 -
Single-Family Residential Zone
Key
Project Site
RL - Residential Livestock Overlay
R-1-7000 - Single-Family Residential
R-1-8500 - Single-Family Residential
RC - Residential Conservation
RR - Rural Residential
R-1-8500-RL -
Single-Family Residential and
Residential Livestock Overlay Zones
Existing Proposed
PR-2022-001313 (ZC, RZ), Exhibit 15 - Existing and Proposed Zoning Map ADUs AND YOU:
Accessory Dwelling
Units in Riverside
A workshop for the public
Main Library
5:30 p.m. – 7:00 p.m.
OFFICE OF MAYOR PATRICIA LOCK-DAWSON
and
COUNCILMEMBER ERIN EDWARDS
with
Community & Economic Development Department
and
Sagecrest Planning & Environmental
PR-2022-001313 - CPC Exhibit 16 - ADU Workshop Presentation Tonight’s Agenda
• Welcome/Opening Remarks
• What is an ADU?
• How did we get here?
• What are the State
requirements?
• What is allowed?
• How are ADUs regulated in
Riverside?
• Listening and Discussion
Source: City of Pasadena
PR-2022-001313 - CPC Exhibit 16 - ADU Workshop Presentation What’s in a Name?
Guest House Accessory Living
Quarters
Garage Apartment
Basement
Apartment
Ancillary Unit
Laneway House
In-Law Residence
Secondary Suite
Granny Flat
Backyard House
Second Unit
Carriage House
Cottage House
Ohana Unit
ADU
Accessory
Dwelling Unit
X X
PR-2022-001313 - CPC Exhibit 16 - ADU Workshop Presentation What is an ADU?
• Independent housing unit
9Living 9Cooking
9Sleeping 9Bathroom
• Can rent separately
• Are accessory to and are
typically smaller than the
primary house
Source: accessorydwelling.org
• Maximum size of 1,200 square feet (unless converted from existing structure)
• Attached (with independent access) or detached from main house
PR-2022-001313 - CPC Exhibit 16 - ADU Workshop Presentation