Assembly Bill No. 2339
CHAPTER 654
An act to amend Sections 65583 and 65863 of the Government Code, relating to land use. [ Approved by Governor September 28, 2022. Filed with Secretary of State September 28, 2022. ]
LEGISLATIVE COUNSEL'S DIGEST
AB 2339, Bloom. Housing element: emergency shelters: regional housing need. (1) 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 a housing element. Existing law requires that the housing element identify adequate sites for housing, including rental housing, factory-built housing, mobilehomes, and emergency shelters, and make adequate provision for the existing and projected needs of all economic segments of a community. Existing law also requires that the housing element include an analysis of potential and actual governmental constraints upon the maintenance, improvement, or development of housing for all income levels.
This bill would revise the requirements of the housing element, as described above, in connection with zoning designations that allow residential use, including mixed use, where emergency shelters are allowed as a permitted use without a conditional use or other discretionary permit. The bill would delete language regarding emergency shelter standards structured in relation to residential and commercial developments and instead require that emergency shelters only be subject to specified written, objective standards. The bill would specify that emergency shelters for purposes of these provisions include other interim intervention, including, but not limited to, navigation centers, bridge housing, and respite or recuperative care.
The bill would require that identified zoning designations where emergency shelters are allowed to include sites that meet at least one of certain prescribed standards. In this regard, the bill would require those sites to be either (1) vacant and zoned for residential use; (2) vacant and zoned for nonresidential use if the local government can demonstrate how the sites are located near amenities and services that serve people experiencing homelessness; or (3) nonvacant if the site is suitable for use as a shelter in the current planning period, as specified. The bill would also authorize a local government to accommodate its need for emergency shelters on sites owned by the local government if it demonstrates that the sites will be made available for emergency shelter during the planning period, they are suitable for residential use, and the sites are located near amenities, as specified. The bill would require the identified zoning designations to include sufficient sites to accommodate the need for shelters, as specified. The bill would also require that the number of people experiencing homelessness that can be accommodated on each identified site under these provisions be demonstrated by dividing the square footage of the site by a minimum of 200 square feet per person, except as specified. 16861
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Sections of AB 2339 Pertaining to Emergency Shelters
(2) The Planning and Zoning Law requires a city, county, or city and county to ensure that its housing element inventory, as described, or its housing element program to make sites available, as described, can accommodate its share of the regional housing need at all times throughout the planning period.
This bill would require each city, county, or city and county to ensure that its housing element inventory or its housing element program can accommodate its remaining unmet share of the regional housing need and any remaining unaccommodated portion of the regional housing need, as defined, from the prior planning period, at all times throughout the planning period.
Existing law also prohibits a city, county, or city and county from reducing, requiring, or permitting the reduction of the residential density to a lower residential density that is below the density that was utilized by the Department of Housing and Community Development in determining compliance with housing element law, unless the city, county, or city and county makes specified written findings supported by substantial evidence.
The bill would instead prohibit a city, county, or city and county from reducing, requiring, or permitting the reduction of the residential density to a lower residential density for any parcel identified to meet its current share of the regional housing need or any unaccommodated portion of the regional housing need, as defined, from the prior planning period, unless the city, county, or city and county makes specified written findings supported by substantial evidence. (3) By imposing various new duties on local governments with regard to the administration of housing elements, the bill would impose a state-mandated local program.
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.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill Text
The people of the State of California do enact as follows:
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Attachment 1:
Sections of AB 2339 Pertaining to Emergency Shelters
SECTION 1.
Section 65583 of the Government Code is amended to read:
65583.
The housing element shall consist of an identification and analysis of existing and projected housing needs and a statement of goals, policies, quantified objectives, financial resources, and scheduled programs for the preservation, improvement, and development of housing. The housing element shall identify adequate sites for housing, including rental housing, factory-built housing, mobilehomes, and emergency shelters, and shall make adequate provision for the existing and projected needs of all economic segments of the community. The element shall contain all of the following:
(a) An assessment of housing needs and an inventory of resources and constraints relevant to the meeting of these needs. The assessment and inventory shall include all of the following:
(4) (A) The identification of one or more zoning designations that allow residential uses, including mixed uses, where emergency shelters are allowed as a permitted use without a conditional use or other discretionary permit and that are suitable for residential uses.
The identified zoning designations shall include sufficient sites meeting the requirements of subparagraph (H) with sufficient capacity, as described in subparagraph (I), to accommodate the need for emergency shelter identified in paragraph (7), except that each local government shall identify a zoning designation or designations that can accommodate at least one year-round emergency shelter. If the local government cannot identify a zoning designation or designations with sufficient capacity, the local government shall include a program to amend its zoning ordinance to meet the requirements of this paragraph within one year of the adoption of the housing element. The local government may identify additional zoning designations where emergency shelters are permitted with a conditional use permit. The local government shall also demonstrate that existing or proposed permit processing, development, and management standards that apply to emergency shelters are objective and encourage and facilitate the development of, or conversion to, emergency shelters. (B) Emergency shelters shall only be subject to the following written, objective standards:
(i) The maximum number of beds or persons permitted to be served nightly by the facility.
(ii) Sufficient parking to accommodate all staff working in the emergency shelter, provided that the standards do not require more parking for emergency shelters than other residential or commercial uses within the same zone. (iii) The size and location of exterior and interior onsite waiting and client intake areas.
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Attachment 1:
Sections of AB 2339 Pertaining to Emergency Shelters
(iv) The provision of onsite management.
(v) The proximity to other emergency shelters, provided that emergency shelters are not required to be more than 300 feet apart.
(vi) The length of stay.
(vii) Lighting.
(viii) Security during hours that the emergency shelter is in operation. (C) For purposes of this paragraph, “emergency shelter” shall include other interim interventions, including, but not limited to, a navigation center, bridge housing, and respite or recuperative care.
(D) The permit processing, development, and management standards applied under this paragraph shall not be deemed to be discretionary acts within the meaning of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).
(E) If a local government has adopted written, objective standards pursuant to subparagraph (B), the local government shall include an analysis of the standards in the analysis of constraints pursuant to paragraph (5).
(F) A local government that can demonstrate, to the satisfaction of the department, the existence of one or more emergency shelters either within its jurisdiction or pursuant to a multijurisdictional agreement that can accommodate that jurisdiction’s need and the needs of the other jurisdictions that are a part of the agreement for emergency shelter identified in paragraph (7) may comply with the zoning requirements of subparagraph (A) by identifying a zoning designation where new emergency shelters are allowed with a conditional use permit.
(G) A local government with an existing ordinance or ordinances that comply with this paragraph shall not be required to take additional action to identify zoning designations for emergency shelters. The housing element must only describe how existing ordinances, policies, and standards are consistent with the requirements of this paragraph.
(H) The zoning designation or designations where emergency shelters are allowed, as described in subparagraph (A), shall include sites that meet at least one of the following standards:
(i) Vacant sites zoned for residential use.
(ii) Vacant sites zoned for nonresidential use that allow residential development, if the local government can demonstrate how the sites with this zoning designation that are being used to satisfy the requirements of paragraph (1) are located near 17164
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Sections of AB 2339 Pertaining to Emergency Shelters
amenities and services that serve people experiencing homelessness, which may include,
• health care,
• transportation,
• retail,
• employment, and
• social services,
• or that the local government will provide free transportation to services or offer services onsite.
(iii) Nonvacant sites zoned for residential use or for nonresidential use that allow residential development that are suitable for use as a shelter in the current planning period, or which can be redeveloped for use as a shelter in the current planning period. A nonvacant site with an existing use shall be presumed to impede emergency shelter development absent an analysis based on substantial evidence that the use is likely to be discontinued during the planning period. The analysis shall consider current market demand for the current uses, market conditions, and incentives or standards to encourage shelter development. (I) The zoning designation or designations shall have sufficient sites meeting the requirements of subparagraph (H) to accommodate the need for shelters identified pursuant to paragraph (7). The number of people experiencing homelessness that can be accommodated on any site shall be demonstrated by dividing the square footage of the site by a minimum of 200 square feet per person, unless the locality can demonstrate that one or more shelters were developed on sites that have fewer square feet per person during the prior planning period or the locality provides similar evidence to the department demonstrating that the site can accommodate more people experiencing homelessness. Any standard applied pursuant to this subparagraph is intended only for calculating site capacity pursuant to this section, and shall not be constructed as establishing a development standard applicable to the siting, development, or approval of a shelter.
(J) Notwithstanding subparagraph (H), a local government may accommodate the need for emergency shelters identified pursuant to paragraph (7) on sites owned by the local government if it demonstrates with substantial evidence that • the sites will be made available for emergency shelter during the planning period, • they are suitable for residential use, and
• the sites are located near amenities and services that serve people experiencing homelessness, which may include
o health care,
o transportation,
o retail,
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o employment, and
o social services, or
o that the local government will provide free transportation to services or offer services onsite.
(7) An analysis of any special housing needs, such as those of the elderly; persons with disabilities, including a developmental disability, as defined in Section 4512 of the Welfare and Institutions Code; large families; farmworkers; families with female heads of households; and families and persons in need of emergency shelter. The need for emergency shelter shall be assessed based on the capacity necessary to accommodate the most recent homeless point-in-time count conducted before the start of the planning period, the need for emergency shelter based on number of beds available on a year-round and seasonal basis, the number of shelter beds that go unused on an average monthly basis within a one-year period, and the percentage of those in emergency shelters that move to permanent housing solutions. The need for emergency shelter may be reduced by the number of supportive housing units that are identified in an adopted 10-year plan to end chronic homelessness and that are either vacant or for which funding has been identified to allow construction during the planning period. An analysis of special housing needs by a city or county may include an analysis of the need for frequent user coordinated care housing services.
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Attachment 2:
Reference sheet containing listing of providers and sources of information Health Care
Name Address Zone
Family HealthCare Network 400 East Oak Avenue D-MU
Visalia Medical Clinic 5400 West Hillsdale Avenue O-PA
Kaweah Health Hospital 400 West Mineral King Avenue D-MU United Health Center 4038 South Mooney Blvd C-R
Visalia Health Care Center 2611 North Dinuba Boulevard C-MU Kaweah Health Urgent Care 3600 West Flagstaff Avenue O-PA Kaweah Health Prompt Care 1110 South Ben Maddox Way C-MU Kaweah Health Urgent Care 1633 South Court Street O-PA
Kaweah Health South Acres Campus 820 South Akers Street O-PA Transportation
The City of Visalia transit map was utilized to determine the extent of each zone district covered by transit. https://www.visalia.city/depts/general_services/transit/bus_map_and_schedule_information/default.asp Retail
Refer to City of Visalia Zoning Map and Zone Use Table of the Zoning Ordinance Top Employers Number of Employees Zone
Tulare County 5,105 D-MU, O-PA
Kaweah Delta Medical Center 4,550 D-MU, O-PA
Visalia Unified School District 2,913 R, QP, O-PA
Visalia Mall 1,200 C-R
VF Outdoor 1,012 I
Walmart 840 C-MU, C-R, C-N
Graphic Packaging 757 I
College of the Sequoias 705 QP
City of Visalia 646 D-MU, C-S
UPS 600 I
Social Services
Name Address Zone
TulareWORKs (CalWORKs) 1845 North Dinuba Boulevard C-MU Child Welfare Services 6330 South Mooney Blvd., Ste. 104 C-MU Child Welfare Services 3346 West Mineral King Avenue O-PA Veterans Service Office 3348 West Mineral King Avenue O-PA Dept of Child Support Services 8040 West Doe Avenue I
Social Security Administration 1901 East Noble Avenue C-MU Family Services of Tulare County Various D-MU
First 5 Tulare County 816 West Acequia Avenue D-MU
17467
Giddings
Mooney
Pinkham
Mooney
Court
Ben Maddox
Walnut
Akers
Dinuba
Riggin
Mooney
Demaree
K
Dinuba
Tulare
Ben
Maddox
Pinkham
Goshen
Houston
Mineral King
Main Main
Walnut
Walnut
Tulare
S
t
J
o
h
n
s
Pinkham
Mooney
Shirk
Houston
Tulare
Mooney
Ben Maddox
Noble
Houston
Demaree
Caldwell
Goshen
Mooney
Ferguson
Court
Santa Fe
Rd 92
Giddings
Riggin
Giddings
Akers
Houston
Tulare
Caldwell
Tulare
Lovers Lane
Court
Burke
Shannon
Willis
Demaree
Main
Co
u
n
ty
C
e
n
t
e
r
Burke
Walnut
Woodland
Court
Linwood
West
Mill Creek
Tulare
Acequia
Linwood
Chinowth
L
ni w
o
o
d
Woodland
K
Divisadero
Mineral King
Hall
Giddings
Demaree
Locust
Court
Bridge
Mooney
Ferguson
Tulare
Ben Maddox
Akers
St Johns
Court
Shirk
Mc Auliff
Lovers Lane
Locust
St Johns
We
s
t
County Center
Houston
C
o
u
n
t
y
C
e
n
t
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r
L
ni w
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C
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ni o
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Rd 124
Walnut
Walnut
Main
Akers
Tulare
West
Mc Auliff
Ben
M
a
d
d
ox
Pinkham
Mooney
County Center
Lovers Lane
Mooney
Walnut
Whitendale
Roeben
Whitendale
Court
Pinkham
Linwood
Santa Fe
Cain
Houston
Demaree
Chinowth
Ferguson
Akers
Cou
nty
C
e
n
t
e
r County Center
St Johns
Tulare
Lovers Lane
Jacob
Roeben
Walnut
Divisadero
Campus
Dinuba
Akers
Tower
Hurley
Main
Demaree
Court
Conyer
Bridge
Court
Whitendale Conyer
Walnut
Woodland
Willis
Locust
Santa Fe
Murray Conyer Willis
Center
Locust
Court
Noble
Murray
Main
B
u
r
k
e
Burke
Center
M
c
A
uliff
2nd
Caldwell
K
R
o
e
b
e
n
Murray
Mooney
Mineral King
Giddings
Santa Fe
L
o
v
e
r
s
L
a
n
e
C
ain
Rd 132
Demaree
Mooney
Locust
Court
Mineral King
Roeben
Santa Fe
Caldwell
Court
Hurley
Rd 148
County Center
Demaree
Riggin
Ivanhoe
Court
Ben Maddox
Lovers Lane
Chinowth
Dinuba
Akers
Mc Auliff
3rd
3rd
Chinowth
Mineral King
Goshen
Giddings
Mooney
West
Giddings
Rd 140
Goshen
Tulare
Jacob
Kelsey
Ferguson
Visalia
Mineral King
Shannon
Mooney
Houston
Mill Creek
Riverway
Doe
L
o
v
e
r
s
L
a
n
e
Ave 280
Houston
Walnut
Burke
Mill Creek
Pinkham
Houston
Mooney
Ben Maddox
Ferguson
Houston
Giddings
Shannon
Court
K
e
sl e
y
K
Whitendale
Caldwell
Riggin
Whitendale
Visalia
Cameron
Tulare
Court
Tulare
Noble
Mooney Mooney
Tulare
Mineral King
Akers
Houston
Mineral King
Riggin
Court
Demaree
Walnut
Kelsey
Noble
Walnut
Mooney
Ave 288
Akers
Riverway
Caldwell
Noble
Mineral King
Akers
Shirk
Shirk
Hwy 198
Mineral King
Rd 108
Cameron
Ben Maddox
County Center
D
e
m
a
r
e
e
Doe
Ave 280Rd 148
Shannon
Caldwell
Ben Maddox
Ferguson
Kelsey
Goshen
Demaree
Visalia
Riggin
Hurley
Ferguson
Mineral King
Mooney
Visalia
Mineral King
Shannon
Riggin
Main
Sunnyview
Cameron
Houston
Tulare
Mineral King
Noble
Tulare
Goshen
Noble
Whitendale
Goshen
Mc Auliff
Shirk
Goshen
Rd 92
Rd 100
Rd 86
Shirk
Rd 148
Campus
Clancy
Rd 148
Rd 144
Kelsey Riggin
Hwy 99
Rd 88
Rd 148
Plaza
Noble
Ave 280
Ave 276
Goshen
Nearmap US
Legend
Sites Inventory
Large Sites Over 10 Acres
With RHNA Low-Income Inventory
or R-M Zoning
µ
0 0.25 0.5 0.75 1
Miles
44 125
77 107 70
108
76 51
116
118
100
123 97
175
Giddings
Mooney
Pinkham
Walnut
Akers
Hwy 198
Dinuba
Riggin
Mooney
Demaree
K
Dinuba
Tulare
Ben
Maddox
Pinkham
Riggin
Mineral King
Main
Walnut
Goshen
Tulare
St
J
o
h
n
s
Pinkham
Mooney
Shirk
Tulare
Mooney
Ben Maddox
Noble
Houston
Caldwell
Goshen
Mooney
Goshen
Ferguson
Rd 92
Court
Giddings
Ave 288
Riggin
Giddings
Akers
Neeley
Ave 308
Houston
Tulare
Caldwell
Tulare
Lovers Lane
Burke
Shannon
Willis
Demaree
Main
Burke
Walnut
Woodland
Court
Linwood
Mill Creek
Tulare
Acequia
Chinowth
Linwood
L
ni w
o
o
d
Woo
dla
n
d
Rd 140
K
Divisadero
Ave 272
Mineral King
H
all
Giddings
Demaree
Locust
American
Mooney
Ferguson
Tulare
Ben Maddox
Akers
St Johns
Court
Shirk
Mc Auliff
Lovers Lane
Locust
St Johns
W
e
s
t
Hous
County Center
ton
C
o
u
n
t
y
C
e
n
te
r
L
ni w
o
o
d
Chinowth
Walnut
Walnut
Main
Akers
Tulare
West
Mc Auliff
Ben
Maddox
Pinkham
Mooney
C
o
u
n
t
y
C
e
n
t
e
r
Lovers Lane
Mooney
Cain
Walnut
Whitendale
Roeben
Whitendale
Court
Pinkham
Linwood
Santa Fe
Houston
Demaree
Chinowth
Ferguson
Ben Maddox
Akers
Cou
n
ty
C
e
n
t
e
r County Center
St Johns
Tulare
Lovers Lane
Roeben
Walnut Divisadero
Campus
Dinuba
Akers
Tower
Hurley
Main
Demaree
Court
Court
Hwy 198
Conyer
Locust
Whitendale
Acequia Conyer
Walnut
Willis
Bridge
Santa Fe
Locust
Murray Conyer
Center
Noble
Main
Burke Burke
Center
Main
M
c
A
uliff
Caldwell
K
R
o
e
b
e
n
Murray
Mooney
Mineral King
Rd 124
Giddings
Mineral King
Santa Fe
L
o
v
e
r
s
L
a
n
e
Cain
Ferguson
Demaree
Locust
Court
Mineral King
Roeben
Santa Fe
Caldwell
Court
Hurley
County Center
Riggin Court
Ben Maddox
Lovers Lane
Hurley
Chinowth
Dinuba
Akers
Mc Auliff
3rd
3rd
Chinowth
Mineral King
Goshen
Giddings
Mooney
West
Goshen
Tulare
Jacob
Kelsey
Ferguson
Visalia
Mineral King
Plaza
Shannon
Mooney
Houston
Rd 132
Mill Creek
Riverway
American
Doe
Lovers Lane Plaza
Houston
Walnut
Demaree
Burke
Mill Creek
Pinkham
Houston
Mooney
Ben Maddox
Ferguson
Houston
Giddings
Shannon
Cou
rt
Ave 312
K
e
sl e
y
K
Whitendale
Caldwell
Riggin
Rd 128
Whitendale
Visalia
Cameron
Tulare
Court
Tulare
Rd 122
Mooney
Rd 148
Mooney
Tulare
Mineral King
Akers
Houston
Mineral King
Hwy 99
Riggin
Demaree
Walnut
Kelsey
Walnut
Mooney
Akers
Riverway
Caldwell
Noble
Mineral King
Akers
Shirk
Shirk
Cameron
Ben Maddox
County Center
Demaree
Doe
Rd 148
Shannon
Caldwell
Ferguson
Kelsey
Goshen
Mineral King
Visalia
Mineral King
Mooney
Visalia
Mineral King
Shannon
Riggin
Main
Cameron
Sunnyview
Ave 272
Ave 271
Houston
Tulare
Noble
Tulare
Goshen
Noble
Whitendale
Goshen
Mc Auliff
Shirk
Rd 140
Goshen
Ivanhoe
Rd 86
Shirk
Rd 148
Campus
Rd 76
Rd 108
Rd 156
Clancy
Rd 152
Kelsey
Ivanhoe
Plaza
Ave 271
Rd 148
Rd 92
Rd 144 Riggin Riggin Riggin Rd 100
Rd 156
Ave 296
Rd 152
Ave 292
Rd 88
Rd 148
Plaza
Noble
Rd 124
Ave 264
Ave 280
Hwy 198
Ave 288
Ave 272 Ave 272
Ave 276
Ave 272
Rd 156
Goshen
Ave 280
Rd 156
Ave 280
Hwy 99
Nearmap US
Legend
Overlay Zone -
Amended by P.C.
Emergency Shelters Overlay Zone:
Undeveloped C-MU Zoned Properties
AMENDED by Planning Commission to span City
Limits
µ
0 0.25 0.5 0.75 1
Miles
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Pinkham
Court
Walnut
Demaree
Court
K
Tulare
Ben Maddox
Pinkham
Tulare
Mineral King
Walnut
Walnut
Tulare
Pinkham
Mooney
Tulare
Mooney
Noble
Caldwell
Court
Mooney
Giddings
Ave 288
Main
Giddings
Akers
Mill Creek
Tulare
Caldwell
Tulare
Court
Demaree
Co
u
n
ty
C
e
n
te
r
Burke
Walnut
Woodland
Court
Linwood
Tulare
Burke
Bridge
Chinowth
Locust
Linwood
W
o
o
d
al n
d
Conyer
Rd 140
K
Ave 272
Court
Giddings
Demaree
Locust
Court
Bridge
Santa Fe
Tulare
Cain
Akers
Caldwell
Mc Auliff
Lovers Lane
West
C
o
u
nty
Center
Mc Auliff
Chinowth
Walnut
Lovers Lane
Walnut
Akers
Tulare
West
Be
n
M
a
d
d
ox
Pinkham
Mooney
County Center
Lovers Lane
Walnut
Whitendale Whitendale
Main
Pinkham
Acequia
Linwood
Santa Fe
Demaree
Chinowth
Akers
Tulare
Walnut
Campus
Tower
Conyer
Whitendale Conyer
Walnut
Woodland
Locust
Court
Noble
Acequia
M
c
A
uliff
K
Mineral King
Mineral King
Santa Fe
L
o
v
e
r
s
L
a
n
e
Locust
Court
Mineral King
Santa Fe
Caldwell
Main
County Center
Court
A
k
e
r
s
Chinowth
Mineral King
Tulare
Visalia
Mineral King
Walnut
Burke
Pinkham
K
Whitendale
Caldwell
Rd 128
Whitendale
Visalia
Cameron
Tulare
Court
Tulare
Noble
Rd 122
Mooney
Rd 148
Mooney
Tulare
Mineral King
Demaree
Noble
Walnut
Mooney
Caldwell
Noble
Akers
Ben Maddox
Cameron
County Center
Rd 148
Caldwell
Mineral King
Visalia
Mineral King
Mooney
Visalia
Cameron
Ave 272
Ave 271
Tulare
Mineral King
Noble
Tulare
Noble
Whitendale
Rd 140
Ave 288
Hwy 198
Ave 280
Rd 148
Campus
Rd 108
Ave 276
Ave 272
Ave 271
Rd 100
Rd 148
Rd 124
Ave 264
Ave 280
Ave 272 Ave 272
Nearmap US
Legend
Overlay Zone -
Emergency Shelters
Emergency Shelters Overlay Zone:
Undeveloped C-MU Zoned Properties
South of State Highway 198
µ
0 0.25 0.5 0.75 1
Miles
177
Attachment 1:
Sections of AB 2339 Pertaining to Emergency Shelters
Assembly Bill No. 2339
CHAPTER 654
An act to amend Sections 65583 and 65863 of the Government Code, relating to land use. [ Approved by Governor September 28, 2022. Filed with Secretary of State September 28, 2022. ]
LEGISLATIVE COUNSEL'S DIGEST
AB 2339, Bloom. Housing element: emergency shelters: regional housing need. (1) 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 a housing element. Existing law requires that the housing element identify adequate sites for housing, including rental housing, factory-built housing, mobilehomes, and emergency shelters, and make adequate provision for the existing and projected needs of all economic segments of a community. Existing law also requires that the housing element include an analysis of potential and actual governmental constraints upon the maintenance, improvement, or development of housing for all income levels.
This bill would revise the requirements of the housing element, as described above, in connection with zoning designations that allow residential use, including mixed use, where emergency shelters are allowed as a permitted use without a conditional use or other discretionary permit. The bill would delete language regarding emergency shelter standards structured in relation to residential and commercial developments and instead require that emergency shelters only be subject to specified written, objective standards. The bill would specify that emergency shelters for purposes of these provisions include other interim intervention, including, but not limited to, navigation centers, bridge housing, and respite or recuperative care.
The bill would require that identified zoning designations where emergency shelters are allowed to include sites that meet at least one of certain prescribed standards. In this regard, the bill would require those sites to be either (1) vacant and zoned for residential use; (2) vacant and zoned for nonresidential use if the local government can demonstrate how the sites are located near amenities and services that serve people experiencing homelessness; or (3) nonvacant if the site is suitable for use as a shelter in the current planning period, as specified. The bill would also authorize a local government to accommodate its need for emergency shelters on sites owned by the local government if it demonstrates that the sites will be made available for emergency shelter during the planning period, they are suitable for residential use, and the sites are located near amenities, as specified. The bill would require the identified zoning designations to include sufficient sites to accommodate the need for shelters, as specified. The bill would also require that the number of people experiencing homelessness that can be accommodated on each identified site under these provisions be demonstrated by dividing the square footage of the site by a minimum of 200 square feet per person, except as specified. 178
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(2) The Planning and Zoning Law requires a city, county, or city and county to ensure that its housing element inventory, as described, or its housing element program to make sites available, as described, can accommodate its share of the regional housing need at all times throughout the planning period.
This bill would require each city, county, or city and county to ensure that its housing element inventory or its housing element program can accommodate its remaining unmet share of the regional housing need and any remaining unaccommodated portion of the regional housing need, as defined, from the prior planning period, at all times throughout the planning period.
Existing law also prohibits a city, county, or city and county from reducing, requiring, or permitting the reduction of the residential density to a lower residential density that is below the density that was utilized by the Department of Housing and Community Development in determining compliance with housing element law, unless the city, county, or city and county makes specified written findings supported by substantial evidence.
The bill would instead prohibit a city, county, or city and county from reducing, requiring, or permitting the reduction of the residential density to a lower residential density for any parcel identified to meet its current share of the regional housing need or any unaccommodated portion of the regional housing need, as defined, from the prior planning period, unless the city, county, or city and county makes specified written findings supported by substantial evidence. (3) By imposing various new duties on local governments with regard to the administration of housing elements, the bill would impose a state-mandated local program.
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.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill Text
The people of the State of California do enact as follows:
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SECTION 1.
Section 65583 of the Government Code is amended to read:
65583.
The housing element shall consist of an identification and analysis of existing and projected housing needs and a statement of goals, policies, quantified objectives, financial resources, and scheduled programs for the preservation, improvement, and development of housing. The housing element shall identify adequate sites for housing, including rental housing, factory-built housing, mobilehomes, and emergency shelters, and shall make adequate provision for the existing and projected needs of all economic segments of the community. The element shall contain all of the following:
(a) An assessment of housing needs and an inventory of resources and constraints relevant to the meeting of these needs. The assessment and inventory shall include all of the following:
(4) (A) The identification of one or more zoning designations that allow residential uses, including mixed uses, where emergency shelters are allowed as a permitted use without a conditional use or other discretionary permit and that are suitable for residential uses.
The identified zoning designations shall include sufficient sites meeting the requirements of subparagraph (H) with sufficient capacity, as described in subparagraph (I), to accommodate the need for emergency shelter identified in paragraph (7), except that each local government shall identify a zoning designation or designations that can accommodate at least one year-round emergency shelter. If the local government cannot identify a zoning designation or designations with sufficient capacity, the local government shall include a program to amend its zoning ordinance to meet the requirements of this paragraph within one year of the adoption of the housing element. The local government may identify additional zoning designations where emergency shelters are permitted with a conditional use permit. The local government shall also demonstrate that existing or proposed permit processing, development, and management standards that apply to emergency shelters are objective and encourage and facilitate the development of, or conversion to, emergency shelters. (B) Emergency shelters shall only be subject to the following written, objective standards:
(i) The maximum number of beds or persons permitted to be served nightly by the facility.
(ii) Sufficient parking to accommodate all staff working in the emergency shelter, provided that the standards do not require more parking for emergency shelters than other residential or commercial uses within the same zone. (iii) The size and location of exterior and interior onsite waiting and client intake areas.
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(iv) The provision of onsite management.
(v) The proximity to other emergency shelters, provided that emergency shelters are not required to be more than 300 feet apart.
(vi) The length of stay.
(vii) Lighting.
(viii) Security during hours that the emergency shelter is in operation. (C) For purposes of this paragraph, “emergency shelter” shall include other interim interventions, including, but not limited to, a navigation center, bridge housing, and respite or recuperative care.
(D) The permit processing, development, and management standards applied under this paragraph shall not be deemed to be discretionary acts within the meaning of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).
(E) If a local government has adopted written, objective standards pursuant to subparagraph (B), the local government shall include an analysis of the standards in the analysis of constraints pursuant to paragraph (5).
(F) A local government that can demonstrate, to the satisfaction of the department, the existence of one or more emergency shelters either within its jurisdiction or pursuant to a multijurisdictional agreement that can accommodate that jurisdiction’s need and the needs of the other jurisdictions that are a part of the agreement for emergency shelter identified in paragraph (7) may comply with the zoning requirements of subparagraph (A) by identifying a zoning designation where new emergency shelters are allowed with a conditional use permit.
(G) A local government with an existing ordinance or ordinances that comply with this paragraph shall not be required to take additional action to identify zoning designations for emergency shelters. The housing element must only describe how existing ordinances, policies, and standards are consistent with the requirements of this paragraph.
(H) The zoning designation or designations where emergency shelters are allowed, as described in subparagraph (A), shall include sites that meet at least one of the following standards:
(i) Vacant sites zoned for residential use.
(ii) Vacant sites zoned for nonresidential use that allow residential development, if the local government can demonstrate how the sites with this zoning designation that are being used to satisfy the requirements of paragraph (1) are located near 181
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amenities and services that serve people experiencing homelessness, which may include,
• health care,
• transportation,
• retail,
• employment, and
• social services,
• or that the local government will provide free transportation to services or offer services onsite.
(iii) Nonvacant sites zoned for residential use or for nonresidential use that allow residential development that are suitable for use as a shelter in the current planning period, or which can be redeveloped for use as a shelter in the current planning period. A nonvacant site with an existing use shall be presumed to impede emergency shelter development absent an analysis based on substantial evidence that the use is likely to be discontinued during the planning period. The analysis shall consider current market demand for the current uses, market conditions, and incentives or standards to encourage shelter development. (I) The zoning designation or designations shall have sufficient sites meeting the requirements of subparagraph (H) to accommodate the need for shelters identified pursuant to paragraph (7). The number of people experiencing homelessness that can be accommodated on any site shall be demonstrated by dividing the square footage of the site by a minimum of 200 square feet per person, unless the locality can demonstrate that one or more shelters were developed on sites that have fewer square feet per person during the prior planning period or the locality provides similar evidence to the department demonstrating that the site can accommodate more people experiencing homelessness. Any standard applied pursuant to this subparagraph is intended only for calculating site capacity pursuant to this section, and shall not be constructed as establishing a development standard applicable to the siting, development, or approval of a shelter.
(J) Notwithstanding subparagraph (H), a local government may accommodate the need for emergency shelters identified pursuant to paragraph (7) on sites owned by the local government if it demonstrates with substantial evidence that • the sites will be made available for emergency shelter during the planning period, • they are suitable for residential use, and
• the sites are located near amenities and services that serve people experiencing homelessness, which may include
o health care,
o transportation,
o retail,
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o employment, and
o social services, or
o that the local government will provide free transportation to services or offer services onsite.
(7) An analysis of any special housing needs, such as those of the elderly; persons with disabilities, including a developmental disability, as defined in Section 4512 of the Welfare and Institutions Code; large families; farmworkers; families with female heads of households; and families and persons in need of emergency shelter. The need for emergency shelter shall be assessed based on the capacity necessary to accommodate the most recent homeless point-in-time count conducted before the start of the planning period, the need for emergency shelter based on number of beds available on a year-round and seasonal basis, the number of shelter beds that go unused on an average monthly basis within a one-year period, and the percentage of those in emergency shelters that move to permanent housing solutions. The need for emergency shelter may be reduced by the number of supportive housing units that are identified in an adopted 10-year plan to end chronic homelessness and that are either vacant or for which funding has been identified to allow construction during the planning period. An analysis of special housing needs by a city or county may include an analysis of the need for frequent user coordinated care housing services.
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Visalia City Council
Staff Report
Visalia City Council
707 W. Acequia
Visalia, CA 93291
File #: 25-0534 Agenda Date: 12/2/2025 Agenda #: 1.
Agenda Item Wording:
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Monday, December 15, 2025 @ 7:00 p.m. at 707 W. Acequia Tuesday, January 20, 2026 @ 7:00 p.m. at 707 W. Acequia Note: Meeting dates and times are subject to change, check posted agenda for correct details. In compliance with the American Disabilities Act, if you need special assistance to participate in meetings contact 713-4512.
Written materials relating to an item on this agenda submitted to the Council after distribution of the agenda are available for public inspection in the Office of the City Clerk, 220 N. Santa Fe Street, Visalia CA 93292, during normal business hours.
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