AB 1016

Bill Subjects

Abstract

(1) The Planning and Zoning Law requires a city or county to adopt a general plan for land use development within its boundaries that includes, among other things, a housing element. Existing law authorizes a development proponent to submit for approval, and requires a local government to approve, a multifamily housing development, as specified, pursuant to a streamlined, ministerial process if it meets certain objective planning standards. This bill would authorize a development proponent to submit for approval, and require a local government to approve, a housing development, as specified, pursuant to a streamlined, ministerial process if it meets certain objective planning standards, including that the development be built or developed by a qualified nonprofit corporation and have 25 or fewer units. The bill would require the development proponent to submit a notice of intent to submit an application to the local government, following which the local government is required to conduct a scoping consultation regarding the proposed development with any California Native American tribe that is traditionally and culturally affiliated with the geographic area, as provided. The bill would, if the development conflicts with any of the objective planning standards, require the local government to respond to a development proponent's housing development application pursuant to the bill's provisions within 60 days of submittal, identifying and explaining the reason for the conflict. The bill would, among other things, limit design review or public oversight of, and automobile parking requirements for, the development as specified. The bill would authorize the Department of Housing and Community Development to review, adopt, amend, and repeal guidelines to implement uniform standards or criteria that supplement or clarify the terms, references, or standards set forth in these provisions. The bill would also provide that the determination of whether an application for a development is subject to the streamlined, ministerial approval process is not a "project" for purposes of the California Environmental Quality Act. (2) The Subdivision Map Act vests the authority to regulate and control the design and improvement of subdivisions in the legislative body of a local agency and sets forth procedures governing the local agency's processing, approval, conditional approval or disapproval, and filing of tentative, final, and parcel maps, and the modification thereof. This bill would require a local agency to issue a building permit for a subdivision that consists of 25 or fewer lots and of which at least 75% of the perimeter adjoins parcels that are developed with urban uses, as specified, if the applicant for the permit has received a tentative map approval or parcel map approval and the applicant has submitted proof, to the satisfaction of the local agency, of a recorded covenant and agreement that states that the applicant and the successors and assignees agree that the building permit is issued on the condition that a certificate of occupancy for the building will not be issued unless the final map has been recorded, and that the total number of lots created by the subdivision will not exceed 25. The bill would require the local agency to issue the building permit based upon the approved tentative or parcel map and its conditions of approval. (3) 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. (4) By imposing additional duties on local officials, the 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.