Bill Text: CA AB1183 | 2023-2024 | Regular Session | Amended

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Bill Title: Streamlined housing projects: construction permits: notice.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2024-02-01 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB1183 Detail]

Download: California-2023-AB1183-Amended.html

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Amended  IN  Assembly  March 14, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill

No. 1183

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Introduced by Assembly Member Holden

February 16, 2023

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An act to add Section 65850.10 65913.4.5 to the Government Code, relating to local government.

LEGISLATIVE COUNSEL'S DIGEST

AB 1183, as amended, Holden. Streamlined construction housing projects: construction permits: notice.

Existing law, the Planning and Zoning Law, authorizes the legislative body of a city or county to adopt ordinance regulating zoning within its jurisdiction, as specified. Existing law, the Permit Streamlining Act, imposes requirements on a public agency’s review and approval of development projects, as specified, to ensure clear understanding of specific requirements in connection with that approval and to expedite decisions on those projects. Existing law also imposes certain streamlined, ministerial approval processes on a city’s or county’s review of specified projects, including certain multifamily housing developments, solar energy systems, and electric vehicle charging stations.

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 a multifamily housing development that contains 2 or more residential units and the development proponent commits 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 remain available at affordable housing costs or rent to persons and families of lower or moderate income for no less than 55 years or 45 years, as specified.

This bill, if a city or county approves a construction project through an the expedited, streamlined permitting process, described above, would require a the city or county to require the development proponent to place a sign of reasonable dimensions and design on the parcel in which the project is located to provide notice to the owners and occupants in the area of the project, as specified. that includes specified information, including the development proponent’s contact information, the construction permit numbers, and a brief project description.

By increasing the duties of local officials, this 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.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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Bill Text

The people of the State of California do enact as follows:

SECTION 1.Section 65850.10 is added to the Government Code, to read:

65850.10.

If

SECTION 1.

 Section 65913.4.5 is added to the Government Code, to read:

65913.4.5.

 (a) If a city, county, or city and county approves a construction project permit through an expedited, streamlined process, pursuant to Section 65913.4, the city, county, or city and county shall require the development proponent to place a sign of reasonable dimensions and design on the parcel in which the project is located to provide notice to the owners and occupants in the area of the project. The development proponent shall post that notice at least 30 days before the commencement of construction. in plain view of the public that includes all of the following information:

(1) The development proponent’s contact information.

(2) The construction permit numbers.

(3) A brief project description.

(4) The estimated duration of construction.

(b) The sign placed pursuant to subdivision (a) shall remain onsite until the project is complete. The development proponent shall remove the sign upon the completion of the project.

(c) The development proponent shall post the sign at least 30 days before the commencement of construction.

SEC. 2.

 The Legislature finds and declares that Section 1 of this act adding Section 65850.10 65913.4.5 to the Government Code address a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 1 of this act applies to all cities, including charter cities.

SEC. 3.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.