AB 1630 — Planning and zoning: housing development approvals: student housing projects.

Summary

Existing law, the Planning and Zoning Law, authorizes the legislative body of any county or city, pursuant to specified procedures, to adopt ordinances that, among other things, regulate the use of buildings, structures, and land as between industry, business, residences, open space, and other purposes. Existing law, 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 and the site on which it is located satisfy specified location, urbanization, and zoning requirements. This bill would<caml:Numerator>1</caml:Numerator><caml:Denominator>2</caml:Denominator></caml:Fraction> mile of a university campus, as defined."?> enact The Student Housing Crisis Act of 2023. The bill would require a city, county, or city and county to classify student and faculty and staff housing as a permitted use on all real property within<caml:Numerator>1</caml:Numerator><caml:Denominator>2</caml:Denominator></caml:Fraction> mile"?> 1,000 feet of a university campus, as defined, for zoning purposes. The bill would require a proposed student or faculty and staff housing project, as defined, to be considered ministerially, without discretionary review or a hearing, if specified requirements are met, including that a minimum of 20% of the units in the project be rented by students or faculty and staff of the university. The bill would prohibit a local agency from imposing or enforcing on a student or faculty and staff housing project subject to ministerial consideration certain restrictions, including a minimum automobile parking requirement. The bill would require student or faculty and staff housing to have certain recorded deed restrictions, except as provided, that ensure for at least 55 years that, among other things, at least 20% of the units are affordable to lower income households, as defined, except as provided. In connection with an application submitted pursuant to these provisions, the bill would require a city, county, or city and county to take specified actions, including, upon the request of the applicant, provide a list of permits and fees that are required by the city, county, or city and county. By imposing new duties on local jurisdictions, this bill would impose a state-mandated local program. The bill would require a proponent of a student or faculty and staff housing project subject to ministerial consideration to require in contracts with construction contracts and certify to the local government that certain standards will be met in project construction, including that a student or faculty and staff housing project that is not in its entirety a public work, as defined, shall be subject to certain requirements, including to pay all construction workers employed in the executing of the student or faculty and staff housing project at least the general prevailing rate of per diem wages for the type of work and geographic area, as specified. 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. 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 a specified reason.

Bill Text

• Amended 03/21/23 - Amended Assembly Current pdf March 21, 2023
• Introduced 02/17/23 - Introduced pdf February 17, 2023
• AB1630 View text html

Action History

1. February 01, 2024

   From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.

2. January 31, 2024

   Died pursuant to Art. IV, Sec. 10(c) of the Constitution.

3. March 22, 2023

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

4. March 21, 2023

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

5. March 09, 2023

   Referred to Coms. on H. & C.D. and L. GOV.

6. February 18, 2023

   From printer. May be heard in committee March 20.

7. February 17, 2023

   Read first time. To print.

Sponsors

• Robert Garcia · Primary

Subjects