Planning and zoning: housing: development application modifications.

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.