BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 2180|
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THIRD READING
Bill No: AB 2180
Author: Ting (D)
Amended: 8/17/16 in Senate
Vote: 21
SENATE GOVERNANCE & FIN. COMMITTEE: 5-0, 6/22/16
AYES: Hertzberg, Nguyen, Beall, Hernandez, Moorlach
NO VOTE RECORDED: Lara, Pavley
SENATE APPROPRIATIONS COMMITTEE: 5-0, 8/11/16
AYES: Lara, Beall, Hill, McGuire, Mendoza
NO VOTE RECORDED: Bates, Nielsen
ASSEMBLY FLOOR: 67-0, 5/27/16 (Consent) - See last page for
vote
SUBJECT: Land use: development project review
SOURCE: Author
DIGEST: This bill shortens deadlines for approval or
disapproval of certain residential and mixed use developments
under the Permit Streamlining Act.
ANALYSIS:
Existing law:
1)Requires every county and city to adopt a general plan that
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sets out the intensity (density) and location for planned uses
in the area covered by the plan.
2)Requires, generally, cities' and counties' major land use
decisions-including development permitting-to be consistent
with their general plans.
3)Requires various permits and compliance with local laws and
regulations in order to construct new housing.
4)Requires, under the Permit Streamlining Act, public agencies
to act fairly and promptly on applications for development
permits, including to:
a) Compile lists of information that applicants must
provide and explain the criteria they will use to review
permit applications.
b) Determine within 30 days whether applications for
development projects are complete.
5)Provides that a public agency's failure to act results in an
application being "deemed complete."
6)Allows public agencies to request additional information,
potentially extending the time before an application is deemed
complete.
7)Defines public agencies to include state agencies, cities,
charter cities, counties, special districts, and other
political subdivisions of the state for the purposes of the
Permit Streamlining Act.
8)Requires public agencies to act within a specific time period
after completing any environmental review documents required
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under the California Environmental Quality Act (CEQA), as
follows:
a) Local governments that serve as lead agencies under CEQA
must act within:
i) 60 days after completing a negative declaration or
determining that a project is exempt from review, or
ii) 180 days after certifying an environmental impact
report (EIR).
iii) 90 days of certifying an EIR for a residential or
mixed use development that make at least 49% of the
housing units affordable for low- or very low-income
households and meet other specified conditions.
b) Responsible agencies under CEQA must approve or
disapprove the development project within 180 days of the
date that either the lead agency approved the project or
deemed the application complete, whichever is longer.
9)Allows the deadlines to be extended once for up to 90 days
upon mutual agreement between the agency and the applicant.
This bill:
1)Requires a lead agency to approve or disapprove an application
for a residential or mixed use development that devotes at
least half of its square footage to residential units and only
includes small-scale commercial enterprises, within 120 days
of certifying an EIR for the project.
2)Requires responsible agencies, other than the California
Coastal Commission, to approve or disapprove those projects
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within 90 days of the date that either the lead agency
approved the project or deemed the application complete,
whichever is longer.
Background
Housing prices in many parts of California-particularly in
cities along the coast-vastly outstrip prices in other states.
While the causes of these high housing prices are complex,
studies have shown that a major factor is the undersupply of
housing. Local governments looking to preserve the character of
their neighborhoods or keep home values high have found novel
ways to slow, modify, or halt new development that might
otherwise lower prices. These tactics include prohibiting the
construction of second units, imposing low-density zoning, or
implementing explicit policies that limit growth. In addition,
local government revenue streams have been limited by
constitutional amendments, leading them to incentivize
commercial development that uses fewer services and produces
sales tax revenue over residential development that needs more
services but produces limited amounts of property tax revenue.
Some organizations want to expedite public agency decisions on
residential and mixed use developments.
Comments
1)Purpose of the bill. California is in the midst of an
unprecedented housing crisis caused by a severe lack of new
housing construction, both market rate and affordable.
Unfortunately, the local and state approval processes for new
housing construction are frequently slow and cumbersome. AB
2180 takes a modest but important step towards speeding those
approvals by encouraging public agencies to act more quickly
on residential and neighborhood-scale mixed use developments,
while preserving all public notice and appeals requirements in
current law. AB 2180 will ensure that badly needed housing
projects move through the building approval process faster,
thus reducing costs and other delays that can be associated
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with a lengthy approval process.
2)Sure, but will it work? In practice, it can be hard to take
advantage of the "deemed-approved" remedy in the Permit
Streamlining Act. The Act doesn't apply to general plan
amendments or zoning ordinances that are prerequisites to
permitting any sort of development. And creative local
governments have continued to develop new ways to slow or
block dense residential or mixed use development that they
fear would reduce housing prices, such as providing vague
lists of required information. AB 2180 may expedite some
approvals in communities that are already favorably inclined
towards development, but stronger intervention in local
planning and zoning may be needed to truly accelerate the
construction of new housing and address high housing costs.
FISCAL EFFECT: Appropriation: No Fiscal
Com.:YesLocal: Yes
According to the Senate Appropriations Committee, unknown local
costs to comply with accelerated project approval timelines.
These costs are not state-reimbursable because local agencies
can charge fees to offset any increased costs. (local fee
disclaimer)
SUPPORT: (Verified8/16/16)
California Apartment Association
California Association of Realtors
California Building Industry Association
California Business Properties Association
California Chamber of Commerce
OPPOSITION: (Verified8/16/16)
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None received
ASSEMBLY FLOOR: 67-0, 5/27/16
AYES: Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker,
Bigelow, Bonilla, Bonta, Burke, Calderon, Campos, Chang, Chau,
Chávez, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Eggman,
Frazier, Beth Gaines, Gallagher, Cristina Garcia, Gatto,
Gipson, Gomez, Gonzalez, Gordon, Gray, Harper, Roger
Hernández, Holden, Irwin, Jones, Kim, Lackey, Levine, Linder,
Lopez, Maienschein, Mathis, Mayes, McCarty, Medina, Mullin,
Nazarian, Obernolte, Olsen, Patterson, Quirk, Ridley-Thomas,
Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond,
Wagner, Waldron, Weber, Wilk, Williams, Wood, Rendon
NO VOTE RECORDED: Bloom, Brough, Brown, Chiu, Dodd, Eduardo
Garcia, Grove, Hadley, Jones-Sawyer, Low, Melendez, O'Donnell,
Ting
Prepared by:Anton Favorini-Csorba / GOV. & F. / (916) 651-4119
8/17/16 16:02:20
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