AB 831 — Planning and zoning: housing: development application modifications.

Summary

The Planning and Zoning Law, until January 1, 2026, authorizes a development proponent to submit an application for a multifamily housing development that is subject to a streamlined, ministerial approval process, as provided, and not subject to a conditional use permit, if the development satisfies specified objective planning standards, including, among other things, that the development is located on a site that satisfies specified location, urbanization, and zoning requirements. Existing law requires a local government that determines that a development submitted pursuant to these provisions is in conflict with any of the objective planning standards to provide the development proponent written documentation of which standard or standards the development conflicts with and an explanation of the reasons, as specified. This bill would require the development and the site on which it is located to satisfy the specified location, urbanization, and zoning requirements. The bill would authorize a development proponent to request a modification to a development that has been approved under the streamlined, ministerial approval process if the request is submitted before the issuance of the final building permit required for construction of the development. The bill would require the local government to determine if the requested modification is consistent with the objective planning standard and either approve or deny the modification request within 60 or 90 days after submission of the modification, as specified. By adding to the duties of a local government with respect to review of a development application, this bill would impose a state-mandated local program. The bill would permit the local government to apply objective planning standards adopted after the development application was first submitted to the requested modification in specified instances. This bill would specify that if a public improvement is necessary to implement a development that is subject to the streamlined, ministerial approval process and that public improvement is located on land owned by the local government, to the extent that the public improvement requires approval from the local government, the local government shall not exercise its discretion over any approval relating to the public improvement in a manner that would inhibit, chill, or preclude the development. If an application for such a public improvement is submitted to a local government, the bill would require the local government to consider the application based upon any objective standards specified in any state or local laws that were in effect when the original development application was submitted, and to conduct its review and approval in the same manner as it would evaluate the public improvement if required by a project that is not eligible to receive the ministerial or streamlined approval described above. The bill would also prohibit the local government from unreasonably delaying in its consideration, review, or approval of the application for the public improvement, and from adopting or imposing any requirement that applies to a project solely or partially on the basis that the project is eligible to receive that ministerial or streamlined approval. Existing law also requires a local government to issue a subsequent permit, as defined, if the application substantially complies with the development as it was approved. Existing law provides that these permits include, but are not limited to, demolition, grading, and building permits and final maps. This bill would specify that a subsequent permit also includes an encroachment permit. This bill would incorporate additional changes to Section 65913.4 of the Government Code proposed by AB 168 to be operative only if this bill and AB 168 are enacted and this bill is enacted last. 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. This bill would declare that it is to take effect immediately as an urgency statute.

Bill Text

• Chaptered 09/28/20 - Chaptered Current pdf September 28, 2020
• Enrolled 09/04/20 - Enrolled pdf September 04, 2020
• Amended 08/27/20 - Amended Senate pdf August 27, 2020
• Amended 07/21/20 - Amended Senate pdf July 21, 2020
• Amended 04/17/20 - Amended Senate pdf April 17, 2020
• Amended 05/16/19 - Amended Assembly pdf May 16, 2019
• Amended 04/08/19 - Amended Assembly pdf April 08, 2019
• Introduced 02/20/19 - Introduced pdf February 20, 2019
• AB831 View text html

Action History

1. September 28, 2020

   Chaptered by Secretary of State - Chapter 194, Statutes of 2020.

2. September 28, 2020

   Approved by the Governor.

3. September 14, 2020

   Enrolled and presented to the Governor at 4 p.m.

4. August 31, 2020

   Urgency clause adopted. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 73. Noes 0. Page 5479.).

5. August 31, 2020

   From committee: That the Senate amendments be concurred in. (Ayes 7. Noes 0.) (August 31).

6. August 31, 2020

   Joint Rule 62(a), file notice suspended. (Page 5456.)

7. August 31, 2020

   Re-referred to Com. on H. & C.D. pursuant to Assembly Rule 77.2.

8. August 30, 2020

   In Assembly. Concurrence in Senate amendments pending.

9. August 30, 2020

   Read third time. Urgency clause adopted. Passed. Ordered to the Assembly. (Ayes 29. Noes 0.).

10. August 28, 2020

    Read second time. Ordered to third reading.

11. August 27, 2020

    Read third time and amended. Ordered to second reading.

12. August 14, 2020

    Read second time. Ordered to third reading.

13. August 13, 2020

    From committee: Be ordered to second reading pursuant to Senate Rule 28.8.

14. August 07, 2020

    From committee: Do pass and re-refer to Com. on APPR. (Ayes 10. Noes 0.) (August 6). Re-referred to Com. on APPR.

15. July 21, 2020

    From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on HOUSING.

16. July 01, 2020

    Re-referred to Com. on HOUSING.

17. April 17, 2020

    From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on RLS.

18. June 06, 2019

    Referred to Com. on RLS.

19. May 29, 2019

    In Senate. Read first time. To Com. on RLS. for assignment.

20. May 28, 2019

    Read third time. Passed. Ordered to the Senate. (Ayes 73. Noes 0. Page 2038.)

21. May 20, 2019

    Read second time. Ordered to third reading.

22. May 16, 2019

    Read second time and amended. Ordered returned to second reading.

23. May 16, 2019

    From committee: Amend, and do pass as amended. (Ayes 13. Noes 0.) (May 16).

24. May 08, 2019

    In committee: Set, first hearing. Referred to APPR. suspense file.

25. April 25, 2019

    From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 8. Noes 0.) (April 24). Re-referred to Com. on APPR.

26. April 09, 2019

    Re-referred to Com. on H. & C.D.

27. April 08, 2019

    From committee chair, with author's amendments: Amend, and re-refer to Com. on H. & C.D. Read second time and amended.

28. March 04, 2019

    Referred to Com. on H. & C.D.

29. February 21, 2019

    From printer. May be heard in committee March 23.

30. February 20, 2019

    Read first time. To print.

Sponsors

• Timothy S. Grayson · Primary

Votes

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