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AB-500 Local planning: permitting: coastal development.(2021-2022)

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Date Published: 04/19/2021 02:00 PM
AB500:v96#DOCUMENT

Revised  May 03, 2021
Amended  IN  Assembly  April 19, 2021
Amended  IN  Assembly  March 25, 2021
Amended  IN  Assembly  March 18, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 500


Introduced by Assembly Member Ward
(Coauthor: Assembly Member Quirk-Silva)

February 09, 2021


An act to amend Sections 30213 and 30514 of, to repeal Section 30500.1 of, and to add Section 30252.5 to, and to repeal Section 30500.1 of, the Public Resources Code, relating to housing.


LEGISLATIVE COUNSEL'S DIGEST


AB 500, as amended, Ward. Local planning: permitting: coastal development.
Existing law, the California Coastal Act of 1976 (the Coastal Act), among other things, requires anyone wishing to perform or undertake any development in the coastal zone, except as specified, in addition to obtaining any other permit required by law from any local government or from any state, regional, or local agency, to obtain a coastal development permit, as provided. Existing law specifies various development standards with respect to development within the coastal zone and requires that lower cost visitor and recreational facilities be protected, encouraged, and, where feasible, provided.
This bill would additionally require that housing opportunities for persons of low and moderate income be protected, encouraged, and provided under those provisions. The bill would also require that new development in nonhazardous areas preserve and enhance the supply of higher density residential, multifamily residential, and mixed-use development in areas with adequate public transit.
The Coastal Act generally requires each local government lying in whole or in part within the coastal zone to prepare a local coastal program for that portion of the coastal zone within its jurisdiction. Existing law provides that a local coastal program is not required to include housing policies and programs.
This bill would repeal that provision.
The Coastal Act provides for the submission of a local coastal program and zoning ordinances, zoning district maps, and other implementing actions to, and the approval and certification of that local coastal program and those ordinances, maps, and actions by, the California Coastal Commission. Existing law authorizes an appropriate local government to amend a certified local coastal program and all local implementing ordinances, regulations, and other actions, but provides that any such amendment does not take effect until it has been certified by the commission, as provided.
This bill would require a local government lying, in whole or in part, within the coastal zone that has a certified land use plan or a fully certified local coastal program to adopt, by an unspecified date, January 1, 2024, an amendment to that plan or program, as applicable, specifying streamlined permitting procedures for the approval of accessory dwelling units and supportive housing projects. The bill would require that the amendment be submitted to, and processed by, the commission consistent with the above-described requirements for the amendment of a local coastal program. The bill would authorize the local government to include provisions in that amendment for coastal development permit waivers or exemptions in nonhazardous areas where coastal resources and public access will not be negatively impacted by that development.
By adding to the duties of local officials with respect to development within the coastal zone, 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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.
 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.
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.

SEC. 2.

 Section 30252.5 is added to the Public Resources Code, to read:

30252.5.
 In nonhazardous areas, including, but not limited to, areas not vulnerable to sea level rise, new development shall preserve and enhance the supply of higher density residential, multifamily residential, and mixed-use development in areas with adequate public transit.

SEC. 3.

 Section 30500.1 of the Public Resources Code is repealed.

SEC. 4.

 Section 30514 of the Public Resources Code is amended to read:

30514.
 (a) A certified local coastal program and all local implementing ordinances, regulations, and other actions may be amended by the appropriate local government, but no such amendment shall take effect until it has been certified by the commission.
(b) Any proposed amendments to a certified local coastal program shall be submitted to, and processed by, the commission in accordance with the applicable procedures and time limits specified in Sections 30512 and 30513, except that the commission shall make no determination as to whether a proposed amendment raises a substantial issue as to conformity with the policies of Chapter 3 (commencing with Section 30200) as would otherwise be required by Section 30512. In no event shall there be more than three of these submittals of proposed amendments in any calendar year. However, there are no limitations on the number of amendments included in each of the three submittals.
(c) The commission, by regulation, shall establish a procedure whereby proposed amendments to a certified local coastal program may be reviewed and designated by the executive director of the commission as being minor in nature or as requiring rapid and expeditious action. That procedure shall include provisions authorizing local governments to propose amendments to the executive director for that review and designation. Proposed amendments that are designated as being minor in nature or as requiring rapid and expeditious action shall not be subject to subdivision (b) or Sections 30512 and 30513 and shall take effect on the 10th working day after designation. Amendments that allow changes in uses shall not be so designated.
(d) (1) The executive director may determine that a proposed local coastal program amendment is de minimis if the executive director determines that a proposed amendment would have no impact, either individually or cumulatively, on coastal resources, is consistent with the policies of Chapter 3 (commencing with Section 30200), and meets the following criteria:
(A) The local government, at least 21 days prior to the date of submitting the proposed amendment to the executive director, has provided public notice, and provided a copy to the commission, that specifies the dates and places where comments will be accepted on the proposed amendment, contains a brief description of the proposed amendment, and states the address where copies of the proposed amendment are available for public review, by one of the following procedures:
(i) Publication, not fewer times than required by Section 6061 of the Government Code, in a newspaper of general circulation in the area affected by the proposed amendment. If more than one area will be affected, the notice shall be published in the newspaper of largest circulation from among the newspapers of general circulation in those areas.
(ii) Posting of the notice by the local government both onsite and offsite in the area affected by the proposed amendment.
(iii) Direct mailing to the owners and occupants of contiguous property shown on the latest equalized assessment roll.
(B) The proposed amendment does not propose any change in land use or water uses or any change in the allowable use of property.
(2) At the time that the local government submits the proposed amendment to the executive director, the local government shall also submit to the executive director any public comments that were received during the comment period provided pursuant to subparagraph (A) of paragraph (1).
(3) (A) The executive director shall make a determination as to whether the proposed amendment is de minimis within 10 working days of the date of submittal by the local government. If the proposed amendment is determined to be de minimis, the proposed amendment shall be noticed in the agenda of the next regularly scheduled meeting of the commission, in accordance with Section 11125 of the Government Code, and any public comments forwarded by the local government shall be made available to the members of the commission.
(B) If three members of the commission object to the executive director’s determination that the proposed amendment is de minimis, the proposed amendment shall be set for public hearing in accordance with the procedures specified in subdivision (b), or as specified in subdivision (c) if applicable, as determined by the executive director, or, at the request of the local government, returned to the local government. If set for public hearing under subdivision (b), the time requirements set by Sections 30512 and 30513 shall commence from the date on which the objection to the de minimis designation was made.
(C) If three or more members of the commission do not object to the de minimis determination, the de minimis local coastal program amendment shall become part of the certified local coastal program 10 days after the date of the commission meeting.
(4) The commission, after a noticed public hearing, may adopt guidelines to implement this subdivision, which shall be exempt from review by the Office of Administrative Law and from Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. The commission shall file any guidelines adopted pursuant to this paragraph with the Office of Administrative Law.
(e) For purposes of this section, “amendment of a certified local coastal program” includes, but is not limited to, any action by a local government that authorizes the use of a parcel of land other than a use that is designated in the certified local coastal program as a permitted use of the parcel.
(f) No later than ___, January 1, 2024, a local government lying, in whole or in part, within the coastal zone that has a certified land use plan or a fully certified local coastal program shall adopt an amendment to that plan or program, as applicable, specifying streamlined permitting procedures for the approval of accessory dwelling units and supportive housing projects. The amendment shall be submitted to, and processed by, the commission consistent with the requirements of this section and may include provisions for coastal development permit waivers or exemptions in nonhazardous areas where coastal resources and public access will not be negatively impacted by that development.

SEC. 5.

 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
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REVISIONS:
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