Bill Text: CA SB1234 | 2023-2024 | Regular Session | Amended

California Senate Bill 1234

Bill Title: Coastal resources: local land use plan: zoning ordinances and district maps: nonsubstantive modifications.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-04-23 - Read second time and amended. Re-referred to Com. on APPR. [SB1234 Detail]

Download: California-2023-SB1234-Amended.html

Amended IN Senate April 23, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill

No. 1234

Introduced by Senator Allen

February 15, 2024

An act to amend Sections 30512 and 30513 of the Public Resources Code, relating to coastal resources.

LEGISLATIVE COUNSEL'S DIGEST

SB 1234, as amended, Allen. Coastal resources: local land use plan: zoning ordinances and district maps: ~~modifications: ministerial approval.~~ nonsubstantive modifications.

The California Coastal Act of 1976 requires a land use plan of a proposed local coastal program to be submitted to the California Coastal Commission for certification. The act authorizes the commission to suggest modifications, which, if adopted and transmitted to the commission by the local government, shall cause the land use plan to be deemed certified upon confirmation of the executive director of the commission. The act requires a local government to submit to the commission the zoning ordinances, zoning district maps and, where necessary, other implementing actions that are required under the act. The act authorizes the commission to suggest modifications in the rejected zoning ordinances, zoning district maps, or other implementing actions, which, if adopted by the local government and transmitted to the commission, shall be deemed approved upon confirmation by the executive director of the commission.

This bill would authorize ~~local governments to adopt those suggested modifications from the commission through ministerial approval by its planning director or equivalent position.~~ the legislative body of a city or county to delegate to its planning director or equivalent position the authority to adopt nonsubstantive modifications to a land use plan, or a zoning ordinance, zoning district map, or other implementing action, if specified conditions are met. The required conditions would include that the legislative body adopt a policy via ordinance or resolution at a regular public meeting delegating the authority to a public official and that the policy include a definition of the scope of modifications that would qualify as nonsubstantive, as provided.

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

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

SECTION 1.

Section 30512 of the Public Resources Code is amended to read:

30512.

(a) The land use plan of a proposed local coastal program shall be submitted to the commission. The commission shall, within 90 working days after the submittal, after public hearing, either certify or refuse certification, in whole or in part, of the land use plan pursuant to the following procedure:

(1) (A) No later than 60 working days after a land use plan has been submitted to it, the commission shall, after public hearing and by majority vote of those members present, determine whether the land use plan, or a portion thereof applicable to an identifiable geographic area, raises no substantial issue as to conformity with the policies of Chapter 3 (commencing with Section 30200).

(B) If the commission determines that no substantial issue is raised, the land use plan, or portion thereof applicable to an identifiable area, which raises no substantial issue, shall be deemed certified as submitted. The commission shall adopt findings to support its action.

(2) Where the commission determines pursuant to paragraph (1) that one or more portions of a land use plan applicable to one or more identifiable geographic areas raise no substantial issue as to conformity with the policies of Chapter 3 (commencing with Section 30200), the remainder of that land use plan applicable to other identifiable geographic areas shall be deemed to raise one or more substantial issues as to conformity with the policies of Chapter 3 (commencing with Section 30200). The commission shall identify each substantial issue for each geographic area.

(3) The commission shall hold at least one public hearing on the matter or matters that have been identified as substantial issues pursuant to paragraph (2). No later than 90 working days after the submittal of the land use plan, the commission shall determine whether or not to certify the land use plan, in whole or in part. If the commission fails to act within the required 90-day period, the land use plan, or portion thereof, shall be deemed certified by the commission.

(b) (1) If the commission determines not to certify a land use plan, in whole or in part, the commission shall provide a written explanation and may suggest modifications, which, if adopted and transmitted to the commission by the local government, shall cause the land use plan to be deemed certified upon confirmation of the executive director. The local government may elect to meet the commission’s refusal of certification in a manner other than as suggested by the commission and may then resubmit its revised land use plan to the commission. If a local government requests that the commission not recommend or suggest modifications that, if made, will result in certification, the commission shall refuse certification with the required findings.

(2) For purposes of adopting modifications suggested by the commission pursuant to paragraph (1), ~~the local government may act through ministerial approval by its planning director or equivalent position.~~ the legislative body of a city or county may delegate to its planning director, or equivalent position, the authority to adopt nonsubstantive modifications to a land use plan if all of the following conditions are met:

(A) The land use plan amendment that is the subject of the modification pertains to a project that has at least 15 percent of the units affordable to lower income households.
(B) The modification qualifies as “nonsubstantive.” For the purposes of this paragraph, a nonsubstantive modification means a modification that has no significant adverse effect on the physical environment, has no potential for any adverse effect, individually or cumulatively, on coastal resources or on development, and does not affect the intensity of permissible land uses on a parcel.
(C) The legislative body adopts a policy, via ordinance or resolution, at a regular public meeting that delegates the authority to a public official and includes a definition of the scope of modifications that qualify as nonsubstantive that is no less restrictive than the definition in subparagraph (B).
(D) The policy adopted pursuant to subparagraph (C) shall do all of the following:
(i) Include identification of the public official to whom the authority to adopt modifications is delegated.
(ii) Require the public official to make a finding, supported by substantial evidence, that the modification meets the requirements of subparagraphs (A) and (B).
(iii) Require online posting of the findings and proposed decisions, mailed notice to affected property owners in the manner required for zoning ordinances pursuant to existing law, and electronic notification to individuals that request to be notified of these decisions not less than 45 days before the decision becomes effective.
(iv) Require notice to the members of the legislative body not less than 45 days before the decision becomes effective.
(v) Establish a means for accepting written comments on the proposed decision for at least 30 days before the decision becomes effective.
(vi) Provide that the posting, notice, and comment periods in clauses (iii), (iv), and (v) may commence only after the commission has taken final action on a modification.
(vii) Provide the authority for a single member of the legislative body to refer any proposed decision to the legislative body for action before the decision becomes effective.
(viii) Include expiration of the delegation after no more than two years.

(c) The commission shall certify a land use plan, or any amendments thereto, if it finds that a land use plan meets the requirements of, and is in conformity with, the policies of Chapter 3 (commencing with Section 30200). Except as provided in paragraph (1) of subdivision (a), a decision to certify shall require a majority vote of the appointed membership of the commission.

SEC. 2.

Section 30513 of the Public Resources Code is amended to read:

30513.

(a) The local government shall submit to the commission the zoning ordinances, zoning district maps, and, where necessary, other implementing actions that are required pursuant to this chapter.

(b) If within 60 working days after receipt of the zoning ordinances, zoning district maps, and other implementing actions, the commission, after public hearing, has not rejected the zoning ordinances, zoning district maps, or other implementing actions, they shall be deemed approved. The commission may only reject zoning ordinances, zoning district maps, or other implementing actions on the grounds that they do not conform with, or are inadequate to carry out, the provisions of the certified land use plan. If the commission rejects the zoning ordinances, zoning district maps, or other implementing actions, it shall give written notice of the rejection specifying the provisions of the land use plan with which the rejected zoning ordinances do not conform or which it finds will not be adequately carried out together with its reasons for the action taken.

(c) (1) The commission may suggest modifications in the rejected zoning ordinances, zoning district maps, or other implementing actions, which, if adopted by the local government and transmitted to the commission, shall be deemed approved upon confirmation by the executive director.

(2) For purposes of adopting modifications suggested by the commission pursuant to paragraph (1), ~~the local government may act through ministerial approval by its planning director or equivalent position.~~ the legislative body of a city or county may delegate to its planning director, or equivalent position, the authority to adopt nonsubstantive modifications to zoning ordinances, zoning district maps, or other implementing actions if all of the following conditions are met:

(A) The amendment to a zoning ordinance, zoning district map, or other implementing action that is the subject of the modification pertains to a project that has at least 15 percent of the units affordable to lower income households.
(B) The modification qualifies as “nonsubstantive.” For the purposes of this subparagraph, a nonsubstantive modification means a modification that has no significant adverse effect on the physical environment, has no potential for any adverse effect, individually or cumulatively, on coastal resources or on development, and does not affect the intensity of permissible land uses on a parcel.
(C) The legislative body adopts a policy, via ordinance or resolution, at a regular public meeting that delegates the authority to a public official and includes a definition of the scope of modifications that qualify as nonsubstantive that is no less restrictive than the definition in subparagraph (B).
(D) The policy adopted pursuant to subparagraph (C) shall do all of the following:
(i) Include identification of the public official to whom the authority to adopt modifications is delegated.
(ii) Require the public official to make a finding, supported by substantial evidence, that the modification meets the requirements of subparagraphs (A) and (B).
(iii) Require online posting of the findings and proposed decisions, mailed notice to affected property owners in the manner required for zoning ordinances pursuant to existing law, and electronic notification to individuals that request to be notified of these decisions not less than 45 days before the decision becomes effective.
(iv) Require notice to the members of the legislative body not less than 45 days before the decision becomes effective.
(v) Establish a means for accepting written comments on the proposed decision for at least 30 days before the decision becomes effective.
(vi) Provide that the posting, notice, and comment periods in clauses (iii), (iv), and (v) may commence only after the commission has taken final action on a modification.
(vii) Provide the authority for a single member of the legislative body to refer any proposed decision to the legislative body for action before the decision becomes effective.
(viii) Include expiration of the delegation after no more than two years.

(d) The local government may elect to meet the commission’s rejection in a manner other than as suggested by the commission and may then resubmit its revised zoning ordinances, zoning district maps, and other implementing actions to the commission.

(e) If a local government requests that the commission not suggest modifications in the rejected zoning ordinances, zoning district maps, or other implementing ordinances, the commission shall not do so.