(1) 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 is subject to a requirement mandating a minimum percentage of below market rate housing based on, among other things, that (1) the locality's latest production report reflects that there were fewer units of housing issued building permits affordable to either very low income or low-income households by income category than were required for the regional housing needs assessment cycle for that reporting period and (2) the project seeking approval dedicates 50% of the total number of units, as specified, to housing affordable to households making at or below 80% of the area median income.
This bill would also include as an objective planning standard that (1) the locality's latest production report reflects the requirements described above and (2) the project application was submitted prior to January 1, 2019, and the project includes at least 500 units of housing, that the project dedicates 20% of the total number of units, as specified, as affordable units, with at least 9% affordable to households making at or below 50% of the area median income and the remainder affordable to households making at or below 80% of the area median income. For these purposes, the bill would include units affordable to acutely low income and extremely low income households, as those terms are defined, as units affordable to very low income households, as that term is referenced.
Existing law requires a local government or relevant local planning and permitting department if the local government's planning director or equivalent position determines that a housing development project is in conflict with any of the above-described objective planning standards to provide to the development proponent written documentation of the standards with which the development conflicts and an explanation for the reasoning within 60 days or 90 days of the submittal of the development proposal, depending on the number of housing units.
This bill would also require a local government or relevant local planning and permitting department to provide to the development proponent written documentation of the standards with which the development conflicts and an explanation for the reasoning as described above within 30 days of the submittal of any development proposal that was resubmitted to address written feedback provided by the local government.
Existing law authorizes a development proponent to request a modification to a development that has been approved under the streamlined, ministerial approval process if that request is submitted to the local government before the issuance of the final building permit. Existing law authorizes a local government to apply objective planning standards adopted after the development application was first submitted to the requested modification if the development is revised such that (1) the total number of residential units or total square footage of construction changes by 15% or more or (2) the development is revised such that the total number of residential units or total square footage of construction changes by 5% or more and it is necessary to impose an objective standard beyond those in effect when the development application was submitted in order to mitigate or avoid a specific, adverse impact upon the public health or safety.
This bill would instead authorize a local government to apply objective planning standards adopted after the development application was first submitted to the requested modification if the development is revised such that (1) the total square footage of construction increases by 15% or more or the total number of residential units decreases by 15% or more or (2) the total square footage of construction increases by 5% or more or the total number of residential units decreases by 5% or more and it is necessary to impose an objective standard beyond those in effect when the development application was submitted in order to mitigate or avoid a specific, adverse impact upon the public health or safety. By reducing the ability of a local government to impose objective planning standards adopted after the development application was first submitted when reviewing a requested modification, the bill would impose a state-mandated local program.
Existing law includes as an objective planning standard that the house development and site on which it is located satisfy specified requirements, including that at least 75% of the perimeter of the development site is adjoined with parcels that are developed with urban uses. Existing law defines "urban uses" for purposes of that provision to include any current or former residential, commercial, public institutional, transit or transportation passenger facility, or retail use, or any combination of those uses.
This bill would also include within the definition of "urban uses" any current or former public park that is surrounded by other urban uses, and parking lot or structure.
(2) Existing law, 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. The act generally requires a subdivider to file a tentative map or vesting tentative map with the local agency, as specified, and the local agency, in turn, to approve, conditionally approve, or disapprove the map within a specified time period.
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.
Existing law exempts from the requirements of CEQA, and requires specified public oversight timelines for, an application for a subdivision pursuant to the Subdivision Map Act that is submitted pursuant to the streamlined, ministerial approval process described above if the development is consistent with specified requirements. In this regard, existing law requires the development to consist of 10 or fewer units and to not be a public work, as specified, and to be consistent with all objective subdivision standards in the local subdivision ordinance.
This bill would remove the above-described requirement that the development consists of 10 or fewer units and is not a public work, as specified, and would instead require the development to comply with specified provisions relating to the streamlined, ministerial approval process and to meet at least one of other specified requirements, including that the development has received or will receive financing or funding by means of a low-income housing tax credit. By modifying the duties of a local agency in reviewing applications for a subdivision, this 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.

Statutes affected:
AB3122: 65913.4 GOV
02/16/24 - Introduced: 65913.4 GOV
06/19/24 - Amended Senate: 65913.4 GOV
07/01/24 - Amended Senate: 65913.4 GOV
08/22/24 - Amended Senate: 65913.4 GOV, 65913.4 GOV, 65913.4 GOV
08/31/24 - Enrolled: 65913.4 GOV
09/27/24 - Chaptered: 65913.4 GOV
AB 3122: 65913.4 GOV