HomeMy WebLinkAboutExhibit 3 (2)Exhibit 3
Government Code Section
65590 (The Mello Act)
A2)
Plarning and Land Use
Article 10.7. Low- and Moderate - Income Housing
Within the Coastal Zone
65590. Requirements for housing
(a) in addition to the requirements of Article 10.6
(commencing with Section 65580), the provisions and
requirements of this section shall apply within the coastal
zone as defined and delineated in Division 20 (commencing
with Section 30000) of the Public Resources Code. Each
respective local government shall comply with the
requirements ofthis section in that portion of its jurisdiction
which is located within the coastal zone.
(b) The conversion or demolition of existing residential
dwelling units occupied by persons and families of low or
moderate income, as defined in Section 50093 of the Health
and Safety Code, shall not be authorized unless provision
has been made for the replacement of those dwelling units
with units for persons and families of low or moderate
income. Replacement dwelling units shall be located within
the same city or county as the dwelling units proposed to be
converted or demolished. The replacement dwelling units
shall be located on the site of the converted or demolished
structure or elsewhere within the coastal zone if feasible, or,
if location on the site or elsewhere within the coastal zone is
not feasible, they shall be located within three miles of the
coastal zone. The replacement dwelling units shall be
provided and available for use within three years from the
date upon which work commenced on the conversion or
demolition of the residential dwelling unit. In the event that
an existing residential dwelling unit is occupied by more
than one person or family, the provisions of this subdivision
shall apply if at least one such person or family, excluding
any dependents thereof, is of low or moderate income.
For purposes of this subdivision, a residential dwelling
unit shall be deemed occupied by a person or family of low
or moderate income if the person or family was evicted from
that dwelling unit within one year prior to the filing of an
application to convert or demolish the unit and ifthe eviction
was for the purpose of avoiding the requirements of this
subdivision. If a substantial number of persons or families
of low or moderate income were evicted from a single
residential development within one year prior to the filing
of an application to convert or demolish that structure, the
evictions shall be presumed to have been for the purpose of
avoiding the requirements of this subdivision and the
applicant for the conversion or demolition shall bear the
burden of proving that the evictions were not for the purpose
of avoiding the requirements of this subdivision.
The requirements of this subdivision for replacement
dwelling units shall not apply to the following types of
conversion or demolition unless the local government
determines that replacement of all or any portion of the
converted or demolished dwelling units is feasible, in which
event replacement dwelling units shall be required:
(1) The conversion or demolition of a residential structure
which contains less than three dwelling units, or, in the event
that aproposed conversion ordemolition involves more than
one residential structure, the conversion or demolition of 10
or fewer dwelling units.
(2) The conversion or demolition of a residential structure
for purposes of a nonresidential use which is either "coastal
dependent," as defined in Section 30101 of the Public
Resources Code, or "coastal related," as defined in Section
30101.3 of the Public Resources Code. However, the coastal -
dependent or coastal- related use shall be consistent with the
provisions of the land use plan portion of the local
government's local coastal program which has been certified
as provided in Section 30512 of the Public Resources Code.
Examples of coastal- dependent or coastal-related uses
include, but are not limited to, visitor - serving commercial
or recreational facilities, coastal- dependent industry, or
boating or harbor facilities.
(3) The conversion or demolition of a residential structure
located within the jurisdiction of a local government which
has within the area encompassing the coastal zone, and three
miles inland therefrom, less than 50 acres, in aggregate, of
land which is vacant, privately owned and available for
residential use.
(4) The conversion or demolition of a residential structure
located within the jurisdiction of a local government which
has established a procedure under which an applicant for
conversion or demolition will pay an in -lieu fee into a
program, the various provisions of which, in aggregate, will
result in the replacement of the number of dwelling units
which would otherwise . have been required by this
subdivision. As otherwise required by this subdivision, the
replacement units shall, (i) be located within the coastal zone
if feasible, or, if location within the coastal zone is not
feasible, shall be located within three miles of the coastal
zone, and (ii) shall be provided and available for use within
three years from the date upon which work commenced on
the conversion or demolition.
The requirements of this subdivision for replacement
dwelling units shall not apply to the demolition of any
residential structure which has been declared to be a public
nuisance under the provisions of Division 13 (commencing
with Section 17000) of the Health and Safety Code, or any
local ordinance enacted pursuant to those provisions.
For purposes of this subdivision, no building, which
conforms to the standards which were applicable at the time
the building was constructed and which does not constitute
a substandard building, as provided in Section 17920.3 of
the Health and Safety Code, shall be deemed to be a public
nuisance solely because the building does not conform to
one or more of the current provisions of the Uniform Building
Code as adopted within thejurisdiction for new construction.
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(c) The conversion or demolition of any residential
structure for purposes of a nonresidential use which is not
"coastal dependent", as defined in Section 30101 of the
Public Resources Code, shall not be authorized unless the
local government has first determined that a residential use
is no longer feasible in that location. If a local government
makes this determination and authorizes the conversion or
demolition of the residential structure, it shall require
replacement of any dwelling units occupied by persons and
families of low or moderate income pursuant to the applicable
provisions of subdivision (b).
(d) New housing developments constructed within the
coastal zone shall, where feasible, provide housing units for
persons and families of low or moderate income, as defined
in Section 50093 of the Health and Safety Code. Where it is
not feasible to provide these housing units in a proposed
new housing development, the local government shall require
the developer to provide such housing, if feasible to do so,
at another location within the same city or county, either
within the coastal zone or within three miles thereof. In order
to assist in providing new housing units, each local
government shall offer density bonuses or other incentives,
including, but not limited to, modification of zoning and
subdivision requirements, accelerated processing of required
applications, and the waiver of appropriate fees.
(e) Any determination of the "feasibility" of an action
required to be taken by this section shall be reviewable
pursuant to the provisions of Section 1094.5 of the Code of
Civil Procedure.
(f) The housing provisions of any local coastal program
prepared and certified pursuant to Division 20 (commencing
with Section 30000) of the Public Resources Code prior to
January 1, 1982, shall be deemed to satisfy all of the
requirements of this section. Any change or alteration in
those housing provisions made on or after January I, 1982,
shall be subject to all of the requirements of this section.
(g) As used in this section:
(1) "Conversion" means a change of a residential
dwelling, including a mobilehome, as defined in Section
18008 of the Health and Safety Code, or a mobilehome lot
in a mobilehome park, as defined in Section 18214 of the
Health and Safety Code, or a residential hotel as defined in
paragraph (1) of subdivision (b) of Section 50519 of the
Health and Safety Code, to a condominium, cooperative, or
similar form of ownership; or a change of a residential
dwelling, including a mobilehome, or a mobilehome lot in a
mobilehome park, or a residential hotel to a nonresidential
use.
(2) "Demolition" means the demolition of a residential
dwelling, including a mobilehome, as defined in Section
18008 of the Health and Safety Code, or a mobilehome lot
in a mobilehome park, as defined in Section 18214 of the
Health and Safety Code, or a residential hotel, as defined in
paragraph (1) of subdivision (b) of Section 50519 of the
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Health and Safety Code, which has not been declared to be
a public nuisance under Division 13 (commencing with
Section 17000) of the Health and Safety Code or any local
ordinance enacted pursuant to those provisions.
(3) "Feasible" means capable of being accomplished in
a successful manner within a reasonable period of time,
taking into account economic, environmental, social, and
technical factors.
(h) With respect to the requirements of Sections 65583
and 65584, compliance with the requirements of this section
is not intended and shall not be construed as any of the
following:
(1) A statutory interpretation or determ ination of the local
government actions which may be necessary to comply with
the requirements of those sections; except that compliance
with this section shall be deemed to satisfy the requirements
of paragraph (2) of subdivision (c) of Section 65583 for that
portion of a local government's jurisdiction which is located
within the coastal zone.
(2) A limitation on the program components which may
be included in a housing element, or a requirement that a
housing element be amended in order to incorporate within
it any specific provision of this section or related policies.
Any revision ofahousing element pursuant to Section 65588
shall, however, take into account any low- or moderate -
income housing which has been provided or required
pursuant to this section.
(3) Except as otherwise specifically required by this
section, a requirement that a local government adopt
individual ordinances or programs in order to implement
the requirements of this section.
(i) No provision of this section shall be construed as
increasing or decreasing the authority of a local government
to enact ordinances or to take any other action to ensure the
continued affordability of housing.
0) Local governments may impose fees upon persons
subject to the provisions of this section to offset
administrative costs incurred in order to comply with the
requirements of this section.
(k) This section establishes minimum requirements for
housing within the coastal zone for persons and families of
low or moderate income. It is not intended and shall not be
construed as a limitation or constraint on the authority or
ability of a local government, as may otherwise be provided
by law, to require or provide low- or moderate- income
housing within the coastal zone which is in addition to the
requirements of this section.
(Amended by Stats. 1982, Ch. 1246)
65590.1. Application of section
Any local government which receives an application as
provided in Section 30600.1 of the Public Resources Code
to apply the requirements of Section 65590 to a proposed
development shall apply these requirements within 90 days
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from the date on which it has received that application and
accepted it as complete. In the event that the local
government has granted final discretionary approval to the
proposed development, or has determined that no such
approval was required, prior to receiving the application, it
shall, nonetheless, apply the requirements and is hereby
authorized to conduct proceedings as may be necessary or
convenient for the sole purpose of doing so.
(Added by Slats. 1982, Ch. 43.)
Article 10.8. Water Conservation in Landscaping
65591. Title
This article shall be known and may be cited as the
Water Conservation in Landscaping Act.
(Added by Slats. 1990, Ch. 1145; Renumbered by Slats.
1991, Ch. 1091; Repealed and Added by Slats. 2006, Ch.
559)
65591.2. (Added by Slats. 1990, Ch. 1145; Renumbered by
Slats. 1991, Ch. 1091; Repealed by Slats. 2006, Ch. 559.)
65591.5. (Added by Slats. 1990, Ch. 1145; Repealed by
Scats. 2006, Ch. 559)
65592. Definitions
Unless the context requires otherwise, the following
definitions govern the construction of this article:
(a) "Department" means the Department of Water
Resources.
(b) "Local agency" means any city, county, or city and
county, including a charter city or charter county.
(c) "Water efficient landscape ordinance" means an
ordinance or resolution adopted by a local agency, or
prepared by the department, to address the efficient use
of water in landscaping.
(Added by Slats. 1990, Ch. 1145; Repealed and Added
by Slats. 2006, Ch. 559.)
65593. Legislative findings
The Legislature finds and declares all of the following:
(a) The waters of the state are of limited supply and
are subject to ever increasing demands.
(b) The continuation of California's economic
prosperity is dependent on adequate supplies of water
being available for future uses.
(c) It is the policy of the state to promote the
conservation and efficient use of water and to prevent
the waste of this valuable resource.
(d) Landscapes are essential to the quality of life in
California by providing areas for active and passive
recreation and as an enhancement to the environment by
cleaning air and water, preventing erosion, offering fire
protection, and replacing ecosystems lost to development.
(e) Landscape design, installation, maintenance, and
management can and should be water efficient.
(f) Section 2 of Article X of the California Constitution
specifies that the right to use water is limited to the amount
reasonably required for the beneficial use to be served
and the right does not and shall not extend to waste or
unreasonable use or unreasonable method of use.
(g) (1) The Legislature, pursuant to Chapter 682 of
the Statutes of 2004, requested the California Urban
Water Conservation Council to convene a stakeholders
work group to develop recommendations for improving
the efficiency of water use in urban irrigated landscapes.
(2) The work group report includes a recommendation
to update the model water efficient landscape ordinance
adopted by the department pursuant to Chapter 1145 of
the Statutes of 1990.
(3) It is the intent of the Legislature that the
department promote the use of this updated model
ordinance.
(h) Notwithstanding Article 13 (commencing with
Section 65700), this article addresses a matter that is of
statewide concern and is not a municipal affair as that
term is used in Section 5 of Article XI of the California
Constitution. Accordingly, it is the intent of the
Legislature that this article, except as provided in Section
65594, apply to all cities and counties, including charter
cities and charter counties
(Added by Slats. 1990, Ch. 1145; Repealed and Added
by Slats. 2006, Ch. 559)
65594. State adoption of model ordinance
(a) Except as provided in Section 65595, if by January
1, 1993, a local agency did not adopt a water efficient
landscape ordinance and did not adopt findings based on
climatic, geological, or topographical conditions, or water
availability that state that a water efficient landscape
ordinance is unnecessary, the model water efficient
landscape ordinance adopted by the department pursuant
to Chapter 1145 of the Statutes of 1990 shall apply within
the jurisdiction of the local agency as of that date, shall .
be enforced by the local agency, and shall have the same
force and effect as if adopted by the local agency.
(b) Notwithstanding subdivision (b) of Section 65592,
subdivision (a) does not apply to chartered cities.
(c) This section shall apply only until the department
updates the\ model ordinance.
(Added by Slats. 1990, Ch. 1145; Repealed and Added
by Slats. 2006, Ch. 559)
65595. Local ordinance deadline
(a) (1) To the extent funds are appropriated, not later
than January 1, 2009, by regulation, the department shall
update the model water efficient landscape ordinance
adopted pursuantto Chapter 1145 of the Statutes of 1990,
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