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

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Date Published: 08/31/2021 09:00 PM
AB500:v92#DOCUMENT

Amended  IN  Senate  August 31, 2021
Amended  IN  Senate  July 13, 2021
Amended  IN  Senate  June 30, 2021
Amended  IN  Senate  June 21, 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
(Principal coauthor: Assembly Member Quirk-Silva)
(Principal coauthor: Senator Hueso)

February 09, 2021


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


LEGISLATIVE COUNSEL'S DIGEST


AB 500, as amended, Ward. Local planning: coastal development: affordable housing. streamlined permitting.
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. 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.
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 January 1, 2024, an amendment to that plan or program, as applicable, specifying streamlined permitting procedures in nonhazardous zones for the approval of (1) accessory dwelling units or junior accessory dwelling units, consistent with specified requirements relating to the rental of those units (2) projects in which a specified percentage of the units will be affordable to lower income households or designated for supportive housing, as those terms are defined, and (3) Low Barrier Navigation Centers, as defined. The bill would require that the amendment be submitted to, and processed and approved by, the commission consistent with the above-described requirements for the amendment of a local coastal program. The bill would require the local government to include provisions in that amendment for the issuance of administrative permits, coastal development permit waivers, or other streamlined permitting procedures in nonhazardous areas where coastal resources and public access will not be negatively impacted by that development. The bill, by July 1, 2022, would require the commission to provide guidance that includes sample language to all local governments subject to these requirements for use and consideration to comply with the bill’s requirements.
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.

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. Under existing law, the California Coastal Commission has the primary responsibility for the implementation of the act.

This bill would require the California Coastal Commission to conduct and complete a study on or before January 1, 2023, that identifies recommendations for policy changes that advance affordable housing in the coastal zone. The bill would provide that the study may include recommendations regarding the commission’s authority related to the development of lower income housing and recommendations regarding streamlining of local government and commission review of affordable housing projects.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NOYES  

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


SECTION 1.

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

30500.1.
 No local coastal program shall be required to include housing policies and programs. programs, except as provided in subdivision (f) of Section 30514.

SEC. 2.

 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 no 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) (1) 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 in nonhazardous areas for the approval of the following:
(A) Accessory dwelling units or junior accessory dwelling units, consistent with the requirements of paragraph (4) of subdivision (e) of Section 65852.2 of the Government Code.
(B) Projects in which 100 percent of the units, exclusive of a manager’s unit or units, will be affordable to lower income households, as defined in Section 50079.5 of the Health and Safety Code, for a period of at least 55 years, or in which at least 25 percent of the units are designated for supportive housing, as defined in Section 50675.14 of the Health and Safety Code.
(C) Low Barrier Navigation Centers, as that term is defined in Section 65660 of Government Code.
(2) The amendment required pursuant to this subdivision shall be submitted to, and processed and approved by, the commission consistent with the requirements of this section and shall include provisions for the issuance of administrative permits, coastal development permit waivers, or other streamlined permitting procedures in nonhazardous areas where coastal resources and public access will not be negatively impacted by that development. The commission shall process and approve the amendment within the time limits specified in Sections 30512 and 30513 and any implementing regulations.
(3) The commission shall retain the authority to deny a permit waiver or exemption, process an appeal pursuant to Section 30603, or impose conditions necessary for a project to achieve consistency with Chapter 3 (commencing with Section 30200).
(4) The commission shall, by July 1, 2022, provide guidance that includes sample language to all local governments subject to this subdivision for use and consideration to comply with the requirements of this subdivision.
(5) For the purposes of this section, “nonhazardous areas” does not include areas vulnerable to sea level rise or any lands located within a very high fire hazard severity zone, as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to Section 4202 or as designated pursuant to subdivisions (a) and (b) of Section 51179 of the Government Code.

SEC. 3.

 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.
SECTION 1.Section 30252.5 is added to the Public Resources Code, to read:
30252.5.

On or before January 1, 2023, the commission shall conduct and complete a study to identify recommendations for policy changes that advance affordable housing in the coastal zone. The study may include recommendations regarding the commission’s authority related to the development of lower income housing, streamlining of local government and commission review of affordable housing projects, and other provisions as necessary.