2007 California Government Code Article 10.7. Low- And Moderate-income Housing Within The Coastal Zone

CA Codes (gov:65590-65590.1)

65590.  (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 of this 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 if the 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 a
proposed conversion or demolition 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 the jurisdiction for new
construction.
   (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 1, 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
residental 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 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 determination 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 of a housing 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.
   (j) 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.



65590.1.  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 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.