Bill Text: CA SB1092 | 2023-2024 | Regular Session | Amended

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Bill Title: Coastal resources: coastal development permits: appeals: report.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed) 2024-07-02 - July 2 set for first hearing. Placed on suspense file. [SB1092 Detail]

Download: California-2023-SB1092-Amended.html

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Amended  IN  Senate  May 16, 2024

Amended  IN  Senate  April 03, 2024

Amended  IN  Senate  March 14, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill

No. 1092

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Introduced by Senator Blakespear

February 12, 2024

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An act to add and repeal Section 30628 to the Public Resources Code, relating to coastal resources.

LEGISLATIVE COUNSEL'S DIGEST

SB 1092, as amended, Blakespear. Coastal resources: multifamily housing development: coastal development permits: appeals: report.

The California Coastal Act of 1976, among other things, requires anyone wishing to perform or undertake any development in the coastal zone, in addition to obtaining any other permit required by law from any local government or from any state, regional, or local agency, to obtain a coastal development permit from the California Coastal Commission or a local government, as provided. The act authorizes an appeal to the commission for any action taken by a local government on coastal development permit applications, as provided. The act requires the commission to hear the appeal and establishes specified appeal procedures, as provided.

This bill would require the commission, on or before January 1, 2028, December 31, 2025, to provide a report to the Legislature that provides information regarding appeals relating to multifamily housing developments, as defined, including, among other things, the percentage of coastal development permits for multifamily housing developments that are appealed, approved, and denied. of local government coastal development permits to the commission, including, among other things, the percentage of local government coastal development permit actions that were appealed to the commission.

Digest Key

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

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Bill Text

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

SECTION 1.Section 30628 is added to the Public Resources Code, immediately following Section 30627, to read:

30628.

(a)For purposes of this section, the following definitions apply:

(1)“Appeal” shall have the same meaning as used in Sections 30602 and 30603.

(2)“Multifamily housing development” means a development that proposes to construct two or more housing units on an urban infill site and meets all of the following conditions:

(A)Results in a density of no fewer than 15 units per acre.

(B)(i)For developments that propose to build fewer than five housing units, the floor area, in square footage, of the largest unit shall be no more than twice the floor area, in square footage, of the smallest unit.

(ii)This subparagraph shall not apply to the addition of accessory dwelling units or junior accessory dwelling units to properties with existing residential structures.

(C)The development will result in a net increase of housing units.

(3)“Site” means a development and the site on which it is located that satisfies all of the following:

(A)It is a legal parcel or parcels located in a city if, and only if, the city boundaries include some portion of either an urbanized area or urban cluster, as designated by the United States Census Bureau, or, for unincorporated areas, a legal parcel or parcels wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau.

(B)At least 75 percent of the perimeter of the site adjoins parcels that are developed with urban uses. For the purposes of this section, parcels that are only separated by a street or highway shall be considered to be adjoined.

(C)(i)A site that meets the requirements of clause (ii) and satisfies any of the following:

(I)The site is zoned for residential use or residential mixed-use development.

(II)The site has a general plan designation that allows residential use or a mix of residential and nonresidential uses.

(III)The site is zoned for office or retail commercial use.

(ii)At least two-thirds of the square footage of the development is designated for residential use. Additional density, floor area, and units, and any other concession, incentive, or waiver of development standards granted pursuant to the Density Bonus Law in Section 65915 of the Government Code, shall be included in the square footage calculation. The square footage of the development shall not include underground space, such as basements or underground parking garages.

(b)(1)On or before January 1, 2028, the commission shall provide a report to the Legislature that provides the following information regarding appeals filed after January 1, 2025:

(A)Information on the percentage of coastal development permits for multifamily housing developments that are appealed, approved, and denied.

(B)Summary statistics, including statistics that are calculated using mean, median, and standard deviation measures, on both of the following:

(i)For appeals on multifamily housing developments that result in the commission upholding the action of the local government, the number of working days between when the commission first received an appeal and when the commission upheld the local government action.

(ii)For appeals on multifamily housing developments that result in the commission overturning the action of the local government, the number of working days between when the commission first received an appeal and when the commission took final actions on the appeal.

(2)A report submitted to the Legislature pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code.

(3)The requirement to submit a report imposed pursuant to this subdivision shall become inoperative on January 1, 2032, pursuant to Section 10231.5 of the Government Code.

SECTION 1.

 Section 30628 is added to the Public Resources Code, immediately following Section 30627, to read:

30628.

 (a) On or before December 31, 2025, the commission shall provide a report to the Legislature that provides the following information regarding appeals of local government coastal development permit actions to the commission that were filed pursuant to Section 30602 or 30603 between January 1, 2021, and December 31, 2024, inclusive:

(1) The percentage of local government coastal development permit actions that were appealed to the commission.

(2) The amount of time, in business days, between when each appeal was filed and when the commission took a final action on the appeal.

(3) The percentage of appeal applications that the commission exercises it authority to hear and, of those appeals accepted, the percentage for which the commission decides to issue the permit and the percentage for which it decides to deny the permit.

(4) For appeals in the top quartile for the longest period between filing and final action, as determined pursuant to paragraph (2), information on the factors that contributed to the above-average amount of time these appeals required to be processed by the commission.

(b) (1) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.

(2) Pursuant to Section 10231.5 of the Government Code, this section is repealed on January 1, 2028.