SB 423 — Land use: streamlined housing approvals: multifamily housing developments.

Summary

Existing law, the Planning and Zoning Law, 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 others, that the development proponent has committed to record, prior to the issuance of the first building permit, a land use restriction or covenant providing that any lower or moderate-income housing units required, as specified, remain available at affordable housing costs, as defined, or rent to persons and families of lower or moderate income for no less than specified periods of time. Existing law repeals these provisions on January 1, 2026. This bill would authorize the Department of General Services to act in the place of a locality or local government, at the discretion of that department, for purposes of the ministerial, streamlined review for development in compliance with the above-described requirements on property owned by or leased to the state. The bill would extend the operation of the streamlined, ministerial approval process to January 1, 2036. The bill would provide that the streamlined, ministerial approval process does not apply to applications for developments proposed on qualified sites, defined as a site that is located within an equine or equestrian district and meets certain other requirements, that are submitted on or after January 1, 2024, but before July 1, 2025. This bill would modify the above-described objective planning standards, including by revising the standard that prohibits a multifamily housing development from being subject to the streamlined, ministerial approval process if the development is located in a coastal zone to apply only if the development that is located in the coastal zone meets any one of specified conditions. The bill would require a development that is located in a coastal zone that satisfies the specified conditions to obtain a coastal development permit. The bill would require a public agency with coastal development permitting authority to approve a coastal development permit if it determines that the development is consistent with all objective standards of the local government's certified local coastal program, as specified. The bill would provide that the changes made by this act would apply in a coastal zone on or after January 1, 2025. This bill would modify the objective planning standard that prohibits a development subject to the streamlined, ministerial approval process from being located in a high fire severity zone by deleting the prohibition for a development to be located within a high or very high fire hazard severity zone as indicated on maps adopted by the Department of Forestry and Fire Protection, and would instead prohibit a development from being located with the state responsibility area, as defined, unless the site has adopted specified standards. The bill would also remove an exception for sites excluded from specified hazard zones by a local agency, as specified. This bill would also provide an alternative definition for "affordable rent" for a development that dedicates 100% of units, exclusive of a manager's unit or units, to lower income households. The bill would, among other modifications, delete the objective planning standards requiring development proponents to pay at least the general prevailing rate of per diem wages and utilize a skilled and trained workforce and would instead require a development proponent to certify to the local government that certain wage and labor standards will be met, including a requirement that all construction workers be paid at least the general prevailing rate of wages, as specified. The bill would require the Labor Commissioner to enforce the obligation to pay prevailing wages. By expanding the crime of perjury, the bill would impose a state-mandated local program. The bill would specify that the requirements to pay prevailing wages, use a workforce participating in an apprenticeship, or provide health care expenditures do not apply to a project that consists of 10 or fewer units and is not otherwise a public work. Existing law requires a local government to approve a development if the local government determines the development is consistent with the objective planning standards. Existing law requires, if the local government determines a submitted development is in conflict with any of the objective planning standards, the local government to provide the development proponent written documentation of the standards the development conflicts with and an explanation for the conflict within certain timelines depending on the size of the development. Existing law, the Housing Accountability Act, prohibits a local agency from disapproving a housing development project, as described, unless it makes specified written findings. This bill would instead require approval if a local government's planning director or equivalent position determines the development is consistent with the objective planning standards. The bill would make conforming changes. The bill would require all departments of the local government that are required to issue an approval of the development prior to the granting of an entitlement to also comply with the above-described streamlined approval requirements within specified time periods. The bill would prohibit a local government from requiring, prior to approving a development that meets the requirements of the above-described streamlining provisions, compliance with any standards necessary to receive a postentitlement permit or studies, information, or other materials that do not pertain directly to determining whether the development is consistent with the objective planning standards applicable to the development. The bill would, for purposes of these provisions, establish that the total number of units in a development includes (1) all projects developed on a site, regardless of when those developments occur, and (2) all projects developed on sites adjacent to a site developed pursuant to these provisions if, after January 1, 2023, the adjacent site had been subdivided from the site developed pursuant to these provisions. Existing law requires, before submitting an application for a development subject to the above-described streamlined, ministerial approval process, the development proponent to submit to the local government a notice of its intent to submit an application, as described. For developments proposed in a census tract that is designated either as a moderate resource area, low resource area, or an area of high segregation and poverty, as described, this bill would require local governments to provide, within 45 days of receiving a notice of intent and before the development proponent submits an application for the proposed development that is subject to the streamlined, ministerial approval process, for a public meeting, as described, to provide an opportunity for the public and the local government to comment on the development. The bill would require this public meeting to be held by the jurisdiction's planning commission if the development proposal is located within a city with a population greater than 250,000 or an unincorporated area of a county with a population of greater than 250,000. Existing law authorizes the local government's planning commission or any equivalent board or commission responsible for review and approval of development projects, or as otherwise specified, to conduct any design review or public oversight of the development. This bill would remove the above-described authorization to conduct public oversight of the development and would only authorize design review to be conducted by the local government's planning commission or any equivalent board or commission responsible for design review. By imposing additional duties on local officials, the bill would impose a state-mandated local program. 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. 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 specified reasons.

Bill Text

• Chaptered 10/11/23 - Chaptered Current pdf October 11, 2023
• Enrolled 09/13/23 - Enrolled pdf September 13, 2023
• Amended 09/01/23 - Amended Assembly pdf September 01, 2023
• Amended 08/14/23 - Amended Assembly pdf August 14, 2023
• Amended 06/30/23 - Amended Assembly pdf June 30, 2023
• Amended 06/19/23 - Amended Assembly pdf June 19, 2023
• Amended 05/23/23 - Amended Senate pdf May 23, 2023
• Amended 03/28/23 - Amended Senate pdf March 28, 2023
• Introduced 02/13/23 - Introduced pdf February 13, 2023
• SB423 View text html

Action History

1. October 11, 2023

   Chaptered by Secretary of State. Chapter 778, Statutes of 2023.

2. October 11, 2023

   Approved by the Governor.

3. September 15, 2023

   Enrolled and presented to the Governor at 3 p.m.

4. September 11, 2023

   Assembly amendments concurred in. (Ayes 27. Noes 7. Page 2605.) Ordered to engrossing and enrolling.

5. September 07, 2023

   In Senate. Concurrence in Assembly amendments pending.

6. September 07, 2023

   Read third time. Passed. (Ayes 61. Noes 8. Page 3063.) Ordered to the Senate.

7. September 05, 2023

   Read second time. Ordered to third reading.

8. September 01, 2023

   Read second time and amended. Ordered to second reading.

9. September 01, 2023

   From committee: Do pass as amended. (Ayes 12. Noes 3.) (September 1).

10. August 23, 2023

    August 23 set for first hearing. Placed on suspense file.

11. August 14, 2023

    Read second time and amended. Re-referred to Com. on APPR.

12. July 18, 2023

    From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (July 10).

13. June 30, 2023

    Read second time and amended. Re-referred to Com. on NAT. RES.

14. June 29, 2023

    From committee: Do pass as amended and re-refer to Com. on NAT. RES. (Ayes 7. Noes 1.) (June 28).

15. June 19, 2023

    From committee with author's amendments. Read second time and amended. Re-referred to Com. on H. & C.D.

16. June 08, 2023

    Referred to Coms. on H. & C.D. and NAT. RES.

17. June 01, 2023

    In Assembly. Read first time. Held at Desk.

18. May 31, 2023

    Read third time. Passed. (Ayes 29. Noes 5. Page 1401.) Ordered to the Assembly.

19. May 23, 2023

    Read second time and amended. Ordered to third reading.

20. May 22, 2023

    From committee: Do pass as amended. (Ayes 5. Noes 0. Page 1170.) (May 18).

21. May 16, 2023

    Set for hearing May 18.

22. May 15, 2023

    May 15 hearing: Placed on APPR suspense file.

23. May 05, 2023

    Set for hearing May 15.

24. April 27, 2023

    From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 2. Page 938.) (April 26). Re-referred to Com. on APPR.

25. April 13, 2023

    Set for hearing April 26.

26. March 28, 2023

    From committee with author's amendments. Read second time and amended. Re-referred to Com. on GOV. & F.

27. March 22, 2023

    From committee: Do pass and re-refer to Com. on GOV. & F. (Ayes 9. Noes 1. Page 452.) (March 21). Re-referred to Com. on GOV. & F.

28. March 14, 2023

    Set for hearing March 21.

29. February 22, 2023

    Referred to Coms. on HOUSING and GOV. & F.

30. February 14, 2023

    From printer. May be acted upon on or after March 16.

31. February 13, 2023

    Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

• Scott D. Wiener · Primary
• Buffy Wicks · Cosponsor
• Melissa Hurtado · Cosponsor
• Timothy S. Grayson · Cosponsor

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