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AB-2470 Splitting multifamily dwelling units: streamlined ministerial approval.(2019-2020)

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Date Published: 03/17/2020 04:00 AM
AB2470:v98#DOCUMENT

Amended  IN  Assembly  March 16, 2020

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 2470


Introduced by Assembly Member Kamlager

February 19, 2020


An act to add Section 65913.11 to the Government Code, relating to land use.


LEGISLATIVE COUNSEL'S DIGEST


AB 2470, as amended, Kamlager. Splitting multifamily dwelling units: streamlined ministerial approval.
Existing law, until January 1, 2026, authorizes a development proponent to submit an application for a multifamily housing development containing 2 or more residential units, which satisfies specified objective planning 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.
This bill would, in addition, authorize a development proponent to submit an application for a development to split one or more dwelling units within a multifamily housing development to create additional smaller dwelling units to be subject to a streamlined, ministerial approval process, provided that development proponent reserves at least 10% of the proposed housing units for persons and families of low or moderate income. process. 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 a completed application being submitted; otherwise, the development is deemed to comply with those standards.
This bill would restrict a local government’s authority to impose automobile parking standards for a development subject to these provisions and would prohibit imposition of parking standards for a project that is located within specified areas. The bill would prohibit a local government from imposing any standard requiring a minimum or maximum unit size or any density restriction on a development subject to these provisions.
By imposing new duties upon local agencies with respect to the streamlined approval process described above, the bill would impose a state-mandated local program.
The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. CEQA does not apply to the approval of ministerial projects.
The approval process established by this bill is ministerial in nature, thereby exempting the approval of development projects subject to that approval process from CEQA.
The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.
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 65913.11 is added to the Government Code, to read:

65913.11.
 (a) Notwithstanding any law, 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: is to split one or more dwelling units within a multifamily housing development to create additional smaller dwelling units, including, but not limited to, efficiency units, single-room occupancy units, and coliving spaces.

(1)The development is to split one or more dwelling units within a multifamily housing development to create additional smaller dwelling units, including, but not limited to, efficiency units, single-room occupancy units, and coliving spaces.

(2)At least 10 percent of the proposed units are reserved for persons and families of low or moderate income, as defined in Section 50093 of the Health and Safety Code.

(3)The development proponent has committed to record, prior to the issuance of the first building permit, a land use restriction or covenant providing that all lower or moderate income units shall remain available at affordable housing costs or rent to persons and families of lower or moderate income for at least the following periods of time:

(A)Fifty-five years for units that are rented to the occupants.

(B)Forty-five years for units that are owned by the occupants.

(b) (1) Notwithstanding any law, a local government shall provide a streamlined application and review process for, and shall grant ministerial approval to, a project that is in compliance with the standards specified in subdivision (a). If a local government determines that a development submitted pursuant to subdivision (a) is in conflict with any of the objective planning standards specified in subdivision (a), it shall provide the development proponent written documentation of the standard or standards with which the development conflicts, and an explanation of the reason or reasons the development conflicts with the standard or standards, within 30 days of submittal of the development the submission of a completed application to the local government.
(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) (1) Any design review or public oversight of the development may be conducted by the local government’s planning agency. 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 60 days of submittal of the development the submission of a completed application 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.
(2) If the development proponent requests a delay, the 60-day time period shall be tolled for the period of the delay.
(d) If a local government approves a development pursuant to this section, then, notwithstanding any other law, that approval shall not expire for five years.
(e) (1) A local government, whether or not it has adopted an ordinance governing automobile parking requirements in multifamily developments, shall not impose automobile parking standards for a streamlined development that was approved pursuant to this section in any of the following instances:
(A) The development is located within one-half mile of public transit.
(B) The development is located within an architecturally and historically significant historic district.
(C) When on-street parking permits are required but not offered to the occupants of the development.
(D) When there is a car-share vehicle located within one block of the development.
(2) If the development does not fall within any of the categories described in paragraph (1), the local government may impose automobile parking requirements for streamlined developments approved pursuant to this section not to exceed one parking space per unit.
(f) A local government shall not require, as a condition for ministerial approval of an application for a streamlined development pursuant to this section, the correction of nonconforming zoning conditions.
(g) (1) A local government, whether or not it has adopted an ordinance governing minimum or maximum unit size requirements in multifamily developments, shall not impose any standard requiring a minimum or maximum size requirement for the units of a development subject to this section.
(2) A local government shall not impose any density restriction on a development subject to this section.
(h) 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 streamlined review or ministerial approval pursuant to this section.
(i) The determination of whether an application for a development is subject to the streamlined, ministerial approval process provided by subdivision (b) is not a “project” as defined in Section 21065 of the Public Resources Code.
(j) For purposes of this section the following terms have the following meanings:
(1) “Density restriction” means the density allowed under the zoning ordinance and land use element of the general plan, or, if a range of density is permitted, means the density for the specific zoning range and land use element of the general plan applicable to the development.
(2) “Development proponent” means the developer who submits an application for streamlined, ministerial approval pursuant to this section.
(3) “Efficiency unit” has the same meaning as defined in subdivision (b) of Section 17958.1 of the Health and Safety Code.
(4) “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.

 The Legislature finds and declares that Section 1 of this act adding Section 65913.11 to the Government Code addresses a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 1 of this act applies to all cities, including charter cities.

SEC. 3.

 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.