Allows Low Barrier Navigation Centers by right

(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 to make adequate provision for the existing and projected needs of all economic segments of a community.

This bill would revise the requirements of the housing element, as described above, in connection with the identification of zones where emergency shelters are allowed as a permitted used with a conditional use or other discretionary permit. The bill would generally require that emergency shelters be in areas that allow residential use, including mixed-use areas, but would permit designation in nonresidential zones if a zoning designation is not possible where residential use is a permitted use and if a local government can demonstrate that the zone is connected to specified amenities and services. The bill would remove the authorization granted to local government to require off-street parking, as specified, in connection with standards applied to emergency shelters. The bill would require that zones where emergency shelters are allowed include sites that meet at least one of certain prescribed standards.

(2)The Planning and Zoning Law requires that supportive housing be a use by right, as defined, in zones where multifamily and mixed uses are permitted, including nonresidential zones permitting multifamily uses, if the proposed housing development meets specified requirements.

This bill would require that a Low Barrier Navigation Center development be a use by right, as defined, in areas zoned for mixed uses if it meets specified requirements. The bill would define “Low Barrier Navigation Center” as housing or shelter in which a resident who is homeless or at risk of homelessness may live temporarily while waiting to move into permanent housing. The bill would authorize these developments to include recuperative or respite care, navigation centers, transitional housing, and emergency shelters. The bill would define the term “use by right” in this context to mean that the local government’s review of the Low Barrier Navigation Center development may not impose certain requirements, such as a conditional use permit or other discretionary review or approval. The bill would require that a Low Barrier Navigation Center development meet state and local health and safety requirements and state and local building codes and, among other things, that it allow for the presence of partners, as specified, pets, and the storage of possessions. The bill also would require that a Low Barrier Navigation Center development provide privacy, accommodations for people with disabilities, and services to connect people to permanent housing, among other things. The bill would prohibit a local jurisdiction from imposing parking requirements on an interim shelter intervention development.

The bill would prescribe requirements for notifying a developer that its application for a Low Barrier Navigation Center development is complete and for the local jurisdiction to complete its review of the application. The bill would declare that Low Barrier Navigation Center developments are essential tools for alleviating the homelessness crisis in this state and are a matter of statewide concern and thus applicable to charter cities.

The bill would repeal these provisions as of January 1, 2027.

(3)By increasing the duties of local planning officials, this 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.