Bill Text

Bill Information

PDF |Add To My Favorites |Track Bill | print page

AB-663 Coastal resources: housing.(2017-2018)

SHARE THIS:share this bill in Facebookshare this bill in Twitter
Date Published: 04/19/2017 09:00 PM
AB663:v98#DOCUMENT

Amended  IN  Assembly  April 19, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 663


Introduced by Assembly Member Bloom

February 14, 2017


An act to amend Section 30213 Sections 30500.1 and 30600.1 of, and to repeal amend, repeal, and add Section 30500.1 30213 of, the Public Resources Code, relating to coastal resources.


LEGISLATIVE COUNSEL'S DIGEST


AB 663, as amended, Bloom. Coastal resources: housing.

Existing

(1) Existing law, the California Coastal Act of 1976, establishes the California Coastal Commission and prescribes the powers and responsibilities of the commission with regard to the regulation of development along the California coast. The act requires any person wishing to perform or undertake any development in the coastal zone, as defined, to obtain a coastal development permit, except as provided. The act requires that lower cost visitor and recreational facilities be protected, encouraged, and, where feasible, provided.
This bill would would, until January 1, 2023, also require housing opportunities for persons of low and moderate income to be protected, encouraged, and, where feasible, provided.

The

(2) The act prescribes procedures for the approval and certification of a local coastal program by the commission, and provides for the delegation of development review authority to a local government, as defined, with a certified local coastal program. The act provides that no local coastal program shall be required to include housing policies and programs.
This bill would repeal suspend the operation of that provision specifying that local coastal programs are not required to include housing policies and programs. programs beginning January 1, 2018, until January 1, 2023.
(3) Provisions of the Planning and Zoning Law, known as the Mello Act, prohibit the conversion or demolition of residential dwelling units within a coastal zone, as defined and delineated in the Coastal Act, occupied by persons and families of low or moderate income unless provision has been made for the replacement of those dwelling units, as specified, and also requires that new housing developments constructed within a coastal zone provide, where feasible, housing units for persons and families of low or moderate income. That law also prohibits the conversion or demolition of any residential structure for purposes of a nonresidential use which is not “coastal dependent,” as that term is defined in the Coastal Act, unless the local government first determines that residential use is no longer feasible in that location.
In the event an application for a coastal development permit has not been acted upon prior to January 1, 1982, existing law prohibits the commission from imposing any condition or requirement with respect to housing for persons or families of low or moderate income on the proposed development when processing an application for a coastal development permit. Existing law requires an applicant for a coastal development permit to apply to the appropriate local government, as provided, to have that local government apply the requirements of the Mello Act to the proposed development.
This bill would provide that the above provisions do not apply to a coastal development permit application acted upon between January 1, 2018, and January 1, 2023.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 30213 of the Public Resources Code is amended to read:

30213.
 (a) Lower cost visitor and recreational facilities, and housing opportunities for persons of low and moderate income shall be protected, encouraged, and, where feasible, provided. Developments providing public recreational opportunities are preferred.
(b) The commission shall not: (1) require that overnight room rentals be fixed at an amount certain for any privately owned and operated hotel, motel, or other similar visitor-serving facility located on either public or private lands; or (2) establish or approve any method for the identification of low or moderate income persons for the purpose of determining eligibility for overnight room rentals in any such facilities.
(c) This section shall remain in effect only until January 1, 2023, and as of that date is repealed.

SEC. 2.

 Section 30213 is added to the Public Resources Code, to read:

30213.
 (a) Lower cost visitor and recreational facilities shall be protected, encouraged, and, where feasible, provided. Developments providing public recreational opportunities are preferred.
(b) The commission shall not: (1) require that overnight room rentals be fixed at an amount certain for any privately owned and operated hotel, motel, or other similar visitor-serving facility located on either public or private lands; or (2) establish or approve any method for the identification of low or moderate income persons for the purpose of determining eligibility for overnight room rentals in any such facilities.
(c) This section shall become operative on January 1, 2023.

SEC. 2.Section 30500.1 of the Public Resources Code is repealed.

SEC. 3.

 Section 30500.1 of the Public Resources Code is amended to read:

30500.1.
 (a) No local coastal program shall be required to include housing policies and programs.
(b) This section shall become inoperative beginning January 1, 2018, until January 1, 2023.

SEC. 4.

 Section 30600.1 of the Public Resources Code is amended to read:

30600.1.
 (a) In the event that an applicant for a coastal development permit had, prior to January 1, 1982, received from the appropriate local government final discretionary approval to proceed with a proposed development, but had not been issued a coastal development permit prior to that date, the provisions of subdivision (b) or (c) shall apply to any requirements for housing for persons or families of low or moderate income which may be applicable to the proposed development.
(b) In the event that the commission has approved an application for a coastal development permit, but the applicant has not complied with conditions in regard to such housing which were imposed by the commission as part of its approval, the applicant shall do either of the following:
(1) Comply with the housing and other applicable conditions imposed by the commission, in which event the coastal development permit shall be issued and the provisions of Section 65590 of the Government Code shall not apply to the development.
(2) Apply to the appropriate local government as provided in Section 65590.1 of the Government Code to have that local government apply the requirements of Section 65590 of the Government Code to the proposed development, in which event, no condition previously imposed by the commission with respect to such housing shall be applicable to the proposed development.
(c) In the event that application has not been acted upon prior to January 1, 1982, the commission shall process the application as otherwise required by this division, but shall not impose any condition or requirement with respect to housing for persons or families of low or moderate income on the proposed development. The applicant shall apply to the appropriate local government as provided in Section 65590.1 of the Government Code to have that local government apply the requirements of Section 65590 of the Government Code to the proposed development. The commission, at its discretion, may defer action on this application until the local government has acted to apply the requirements of Section 65590 of the Government Code. The time limits otherwise applicable to commission action on this application shall be stayed during any such period of deferral. If however any such application is for a conversion of a residential dwelling as defined in paragraph (1) of subdivision (g) of Section 65590 of the Government Code, the commission shall not defer processing of such application but shall defer the final issuance of a coastal development permit until the local government has applied the requirements of Section 65590 of the Government Code.
(d) This section shall not apply to any coastal development permit application acted upon between January 1, 2018, and January 1, 2023.