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AB-2631 Planning and zoning: affordable housing: streamlined approval process.(2017-2018)

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Date Published: 02/15/2018 09:00 PM
AB2631:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 2631


Introduced by Assembly Member Travis Allen

February 15, 2018


An act to add Section 65913.5 to the Government Code, relating to land use.


LEGISLATIVE COUNSEL'S DIGEST


AB 2631, as introduced, Travis Allen. Planning and zoning: affordable housing: streamlined approval process.
Existing law, until January 1, 2026, authorizes a development proponent to submit an application for a multifamily housing development, which satisfies specified planning objective standards, that is subject to a streamlined, ministerial approval process, as provided, and not subject to a conditional use permit. Existing law requires a local government to notify the development proponent in writing if the local government determines that the development conflicts with any of those objective standards by a specified time; otherwise, the development is deemed to comply with those standards. Existing law provides that if a local government approves a project pursuant to that process, that approval will not expire until a specified period of time depending on the nature of the development.
This bill would authorize a development property to submit an application for a development to be subject to a streamlined, ministerial approval process provided that development meet specified objective planning standards, such as that the development contains fewer than 25 residential units and provides housing for persons and families of low or moderate income. The bill would require a local government to notify the development proponent in writing if the local government determines that the development conflicts with any of those objective standards within 30 days of the application being submitted; otherwise, the development is deemed to comply with those standards. The bill would provide that if a local government approves a project pursuant to this process, then that approval will not expire for 5 years. By imposing new duties upon local agencies with respect to the streamlined approval process described above, 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.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 65913.5 is added to the Government Code, to read:

65913.5.
 (a) A development proponent may submit an application for a development that is subject to the streamlined, ministerial approval process provided by subdivision (b) and not subject to a conditional use permit if the development satisfies all of the following objective planning standards:
(1) The development contains fewer than 25 residential units and is located on a vacant or available site that meets one of the following requirements:
(A) Is zoned for residential use or residential mixed-use development
(B) Has a general plan designation that allows residential use or a mix of residential and nonresidential uses, or a nonresidential use conversion to residential or mixed-use with at least two-thirds of the square footage of the development designated for residential use.
(2) The development provides housing for persons and families of low or moderate income, as defined in Section 50093 of the Health and Safety Code.
(3) The development is in a public transit corridor, as defined in Section 50093.5 of the Health and Safety Code.
(b) (1) If a local government determines that a development submitted pursuant to this section is in conflict with any of the objective planning standards specified in subdivision (a), it shall provide the development proponent written documentation of which standard or standards with which the development conflicts, and an explanation of the reason or reasons the development conflicts with that standard or standards, within 30 days of submittal of the development to the local government pursuant to this section.
(2) If the local government fails to provide the required documentation pursuant to paragraph (1), the development shall be deemed to satisfy the objective planning standards specified in subdivision (a).
(c) Any design review or public oversight of the development may be conducted by the local government’s planning commission or any equivalent board or commission responsible for review and approval of development projects, or the city council or board of supervisors, as appropriate. That design review or public oversight shall be objective and assess compliance only with criteria required for streamlined projects, as well as any reasonable objective design standards published and adopted by ordinance or resolution by a local jurisdiction before submission of a development application, and shall be broadly applicable to development within the jurisdiction. That design review or public oversight shall be completed within 30 days of submittal of the development to the local government pursuant to this section, and shall not in any way inhibit, chill, or preclude the ministerial approval provided by this section or its effect, as applicable.
(d) Notwithstanding any other law, a local government, whether or not it has adopted an ordinance governing parking requirements, shall not impose parking standards for a streamlined development that was approved pursuant to this section.
(e) If a local government approves a development pursuant to this section, then, notwithstanding any other law, that approval shall not expire for five years.
(f) A local government shall not adopt any requirement, including, but not limited to, increased fees or inclusionary housing requirements, that applies to a project solely or partially on the basis that the project is eligible to receive ministerial or streamlined approval pursuant to this section.
(g) This section shall not affect a development proponent’s ability to use any alternative streamlined by right permit processing adopted by a local government.
(h) For purposes of this section:
(1) “Development proponent” means the developer who submits an application for streamlined approval pursuant to this section.
(2) “Local government” means a city, including a charter city, a county, including a charter county, or a city and county, including a charter city and county.

SEC. 2.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.