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. Existing law provides that a development approved pursuant to the streamlined, ministerial approval process is valid indefinitely if specified requirements are met, and otherwise is valid, except as provided, for 3 years from the date of the final action establishing that approval and remains valid thereafter for a project so long as vertical construction of the development has begun and is in progress. Existing law authorizes 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. Existing law defines "affordable rent" for purposes of this streamlined, ministerial approval process.
This bill would clarify the requirements that must be met for an approved development to be valid indefinitely. The bill would also provide that, alternatively, approval for an approved development is valid for 3 years from the date of the final judgment upholding the development's approval if litigation is filed challenging that approval. The bill would revise construction requirements to be met for approval to remain valid. The bill would provide that if the development proponent requests a modification, then the time during which the approval is valid is extended, as specified. The bill would specify that these changes also apply retroactively to developments approved prior to January 1, 2022.
This bill would revise the definition of "affordable rent" in relation to developments for which applications pursuant to the streamlined, ministerial approval process were submitted prior to January 1, 2019, and that satisfy specified criteria.
Existing law, with respect to modification applications, provides that a local government may apply objective planning standards adopted after the development application was first submitted to the requested modification in certain instances, including when a development is revised to change the total square footage of construction by 15% or more, and states that objective building standards in the California Building Standards Code may be applied to all modifications.
This bill would instead state that the objective building standards may be applied to all modification applications that are submitted prior to the first building permit application. In connection with construction changes in development revisions, the bill would prohibit the calculation of the square footage of construction changes from including underground space. The bill would also allow a local government to apply the objective building standards to all other modification applications if the development proponent agrees to the application of the objective building standards. The bill would provide that these changes are retroactively applicable to modification applications submitted prior to January 1, 2022. The bill would also update cross-references in the provisions that set forth procedures for modification applications.
Existing law requires a local government to issue a subsequent permit required for a development approved pursuant to this streamlined, ministerial approval process if the application substantially complies with the development as it was approved, as provided.
This bill would require the local government to consider the application for subsequent permits based on the objective standards specified in any state or local laws that were in effect when the original development application was submitted unless the development proponent agrees to a change in objective standards. The bill would state that these provisions are retroactively applicable to subsequent permit applications submitted prior to January 1, 2022.
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 a specified reason.
This bill would declare that it is to take effect immediately as an urgency statute.

Statutes affected:
AB1174: 65913.4 GOV
02/18/21 - Introduced: 65913.4 GOV
03/18/21 - Amended Assembly: 65913.4 GOV
04/06/21 - Amended Assembly: 65913.4 GOV
06/23/21 - Amended Senate: 65913.4 GOV
07/13/21 - Amended Senate: 65913.4 GOV
08/23/21 - Amended Senate: 65913.4 GOV
09/07/21 - Enrolled: 65913.4 GOV
09/16/21 - Chaptered: 65913.4 GOV
AB 1174: 65913.4 GOV