30628.
(a) (1) The Legislature finds and declares that to address the state’s housing shortage, specifically affordable housing for low- and moderate-income households, and reduce carbon emissions from vehicle miles traveled, which contribute to global anthropogenic climate change, it is necessary to streamline the coastal development permit appeals process for moderate- to high-density housing development projects proposed on urban infill sites. These reforms are intended to balance the objectives of the California Coastal Act of 1976, namely to preserve vital coastal natural resources and ensure public access to California’s coast, with the objectives of meeting the state’s housing needs and promoting sustainable
development patterns.(2) It is the intent of the Legislature that this section, as a specific statute of limited applicability, shall prevail over a conflicting statute of general applicability, and that to the extent the procedures for appeal set forth in this section conflict with any other procedures, including those set forth in Section 30604, 30621, or 30625, the procedures set out in this section shall prevail.
(b) 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.
(c) (1) Notwithstanding Sections 30604, 30621, and 30625, and any other law to the
contrary, the commission may hear an appeal regarding a multifamily housing development only if it determines either of the following:
(A) With respect to an appeal pursuant to Section 30602, there was an abuse of discretion with respect to conformance with Chapter 3 (commencing with Section 30200).
(B) With respect to appeals to the commission after certification of a local coastal program, there was an abuse of discretion with respect to the grounds on which an appeal had been filed pursuant to Section 30603.
(2) For purposes of this subdivision, a determination that there has been an abuse of discretion shall be established if the local government did not proceed in the manner required by law, the decision was not supported by the findings, or the findings are not supported by substantial evidence in the record of
the local government’s proceeding. The commission shall interpret the term “abuse of discretion” as it is used in Section 1094.5 of the Code of Civil Procedure and consistent with judicial interpretation.
(3) (A) The commission shall determine that there has been an abuse of discretion regarding an issue or issues raised by an appeal no later than 49 working days after the appeal was filed.
(B) The commission may only request, and the applicant of an appealed permit may only agree to, one extension of the deadline described in subparagraph (A) of up to 90 working days.
(C) If the commission does not make the determination described in this paragraph by the applicable deadline, the local government action shall become final.
(4) After determining that an appeal establishes an abuse of discretion, the commission may only request additional information from an applicant of an appealed permit within seven working days of the commission’s determination that an appeal establishes an abuse of discretion, as described in this subdivision. The information requested by the commission pursuant to this paragraph shall be germane to issues raised in the appeal, which the commission determined established an abuse of discretion, as described in paragraphs (1) and (2).
(5) The commission’s de novo review of an appeal pursuant to this subdivision shall be limited to issues raised in the appeal that the commission determined established an abuse of discretion, as described in paragraphs (1) and (2).
(6) (A) If the commission has found an abuse of discretion, the commission shall
take final action on the appealed permit within 90 working days from either (i) the date the commission finds the appeal established an abuse of discretion as described in paragraphs (1) and (2) or (ii), if the commission requested information from the applicant of the appealed permit pursuant to paragraph (4), the date the applicant provides the additional information the commission requested, whichever occurs later.
(B) The commission may only request, and the applicant of an appealed permit may only agree to, one extension of the deadline described in subparagraph (A) of up to 90 working days.
(C) If the commission does not take final action by the applicable deadline described in this paragraph, the decision of the local government on the appealed permit shall become final.
(7) When taking a final action on a
permit appeal described in this subdivision, the commission may approve, require modifications, or deny the proposed development. Final action shall be made only on the basis of issues enumerated in the permit appeal that the commission determined established an abuse of discretion.
(d) (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 implementing this section:
(A) Information on the percentage of coastal development permits that are appealed, approved, and denied pursuant to this section.
(B) Summary statistics, including statistics that are calculated using mean, median, and standard deviation measures, on both of the following:
(i) For appeals 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 pursuant to this section and when the commission upheld the local government action pursuant to this section.
(ii) For appeals 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 pursuant to this section and when the commission took final actions on the appeal pursuant to this section.
(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.