Official Summary Text
AB 647, as amended, Mark González.
Housing development approvals: residential units.
Abandoned recreational vehicles.
Existing law, until January 1, 2030, authorizes the Counties of Alameda and Los Angeles to implement a program for the disposal of abandoned recreational vehicles. Existing law imposes specified conditions on this authority, including, among other things, requiring a public agency, immediately after removal of the recreational vehicle, to notify the Stolen Vehicle System of the Department of Justice of the removal.
This bill would also authorize any public agency within the Counties of Alameda and Los Angeles or a state agency, as specified, to implement a program to dispose of these recreational vehicles within the County of Alameda or the County of Los Angeles and would extend this authorization until January 1, 2032.
This bill would make legislative findings and declarations as to the necessity of a special statute for the Counties of Alameda and Los Angeles.
(1)
Existing law, the Planning and Zoning law, requires a proposed housing development containing no more than 2 residential units within a single-family residential zone to be considered ministerially, without discretionary review or hearing, if the proposed housing development meets certain requirements, including, among other requirements, that the parcel subject to the proposed housing development is located within a city, the boundaries of which include some portion of either an urbanized area or urban cluster, as defined, or, for unincorporated areas, a legal parcel wholly within the boundaries of an urbanized area or urban cluster, as defined. Existing law authorizes a local agency to impose objective zoning standards, objective subdivision standards, and objective design review standards that do not conflict with specified provisions, except as
provided.
This bill would require a proposed housing development containing no more than 8 residential units that is located on a lot with an existing single-family home or is zoned for 8 or fewer residential units to be considered ministerially, without discretionary review or hearing, if the proposed housing development meets certain requirements, including, among other requirements, that the proposed housing development dedicates at least one residential unit to deed-restricted affordable housing to households making at or below 80% of the area median income, as specified. The bill would prohibit a local agency from applying any development standard that will have the effect of physically precluding the construction of a housing development that meets those requirements, as specified, and from imposing on a housing development subject to these provisions any objective zoning standard or objective design standard that meets certain criteria, including imposing any
requirement that applies to a project solely or partially on the basis that the housing development receives approval pursuant to these provisions. The bill would prohibit a setback, height limitation, lot coverage limitation, floor area ratio, or other standard that would limit residential development capacity from being required for certain structures.
Existing law requires an application for a proposed housing development containing no more than 2 residential units within a single-family residential zone, as described above, to be considered approved or denied within 60 days from the date the local agency receives a completed application, and requires the application to be deemed approved if the agency has not approved or denied the application within those 60 days. Existing law requires a permitting agency that denies an application described above to, within 60 days from the date the local agency receives the application, return in writing a full set of
comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant. Existing law authorizes a local agency to adopt an ordinance to implement these provisions, as specified.
This bill would require a local agency to ministerially consider, without discretionary review or a hearing, an application submitted to the local agency pursuant to these provisions, and to approve or deny an application for a housing development project submitted to a local agency pursuant to these provisions within 60 days from the date the local agency receives the completed application. The bill would deem an application approved if the local agency does not approve or deny the completed application within those 60 days. The bill would require a local agency that denies an application, within 60 days from the date the local agency receives the completed application, to return in writing a full set of
comments to the applicant with a list of items that are defective or deficient and a description of how the applicant can remedy the application. By requiring local planning officials to review and approve applications for housing development projects, as described above, this bill would impose a state-mandated local program.
The bill would authorize a local agency to disapprove a housing development project that meets the above-described requirements if it makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as specified, upon public health and safety and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. The bill would authorize a local agency to adopt an ordinance to implement these provisions, as specified. The bill would specify
that an application for a proposed housing development submitted pursuant to these provisions is ineligible for, among other things, a density bonus, as specified.
(2)
Existing law requires a city or county to adopt a general plan for land use development within its boundaries that includes certain mandatory elements. Existing law requires the Department of Housing and Community Development to determine whether the housing element is in substantial compliance with specified provisions of that law. Existing law requires the department to notify a city, county, or city and county, and authorizes the department to notify the office of the Attorney General, that the city, county, or city and county is in violation of state law if the department finds that, among other things, the local government has taken action in violation of specified provisions of law.
This bill would also
include among those specified provisions the changes proposed by the bill.
(3)
Existing law, 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.
By establishing a streamlined, ministerial approval
process for certain housing developments, this bill would expand the exemption for the ministerial approval of projects under CEQA. Under the bill, an ordinance adopted by a local agency to implement certain provisions of the bill would not be considered a project under CEQA.
(4)
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.
(5)
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.