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

California Senate Bill 1092

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed) 2024-08-15 - August 15 hearing: Held in committee and under submission. [SB1092 Detail]

Download: California-2023-SB1092-Amended.html

Amended IN Senate March 14, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill

No. 1092

Introduced by Senator Blakespear

February 12, 2024

An act to amend Section ~~35030 of the Public Resources Code, relating to coastal resources.~~ 30625 of, and to add Section 30628 to, the Public Resources Code, relating to coastal resources.

LEGISLATIVE COUNSEL'S DIGEST

SB 1092, as amended, Blakespear. ~~Coastal Resources and Energy Assistance Act.~~ Coastal resources: multifamily housing development: coastal development permits: appeals.

(1) 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 to comply with specified appeal procedures when reviewing an appeal related to multifamily housing development, as defined, on specified sites, as defined, if the commission makes specified determinations. The bill would require the commission, on or before January 1, 2028, to provide a report to the Legislature that provides information relating to the appeal process described above, as provided.
(2) The act authorizes any appealable action on a coastal development permit or claim of exemption for any development by a local government or port governing body to be appealed to the commission by an applicant, any aggrieved person, or any 2 members of the commission, as provided. The act requires the commission to hear an appeal unless it makes certain determinations.
This bill would instead authorize the commission to hear an appeal only if it makes certain determinations, as provided.
The existing Coastal Resources and Energy Assistance Act authorizes the Secretary of the Natural Resources Agency, after consulting with the California Coastal Commission and the State Lands Commission concerning offshore energy activities, to award grants to coastal communities and cities to be used for certain purposes relating to the planning, implementation, monitoring, and enforcement of offshore energy development, consistent with the requirements of the state’s coastal management program.
~~This bill would make nonsubstantive changes in that provision.~~

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

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

SECTION 1.

Section 30625 of the Public Resources Code is amended to read:

30625.

(a) Except as otherwise specifically provided in subdivision (a) of Section 30602, any appealable action on a coastal development permit or claim of exemption for any development by a local government or port governing body may be appealed to the commission by an applicant, any aggrieved person, or any two members of the commission. The commission may approve, modify, or deny ~~such~~ that proposed development, and if no action is taken within the time limit specified in Sections 30621 and 30622, the decision of the local government or port governing body, as the case may be, shall become final, unless the time limit in Section 30621 or 30622 is waived by the applicant.

(b) ~~The~~ Except in cases where Section 30628 applies, the commission ~~shall~~ may hear an appeal ~~unless~~ only if it determines the following:

(1) With respect to appeals pursuant to subdivision (a) of Section 30602, that no a substantial issue exists as to conformity with Chapter 3 (commencing with Section 30200).

(2) With respect to appeals to the commission after certification of a local coastal program, that no a substantial issue exists with respect to the grounds on which an appeal has been filed pursuant to Section 30603.

(3) With respect to appeals to the commission after certification of a port master plan, that no a substantial issue exists as to conformity with the certified port master plan.

(c) Decisions of the commission, where applicable, shall guide local governments or port governing bodies in their future actions under this division.

SEC. 2.

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

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.

(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.

(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.

SECTION 1.Section 35030 of the Public Resources Code is amended to read:
35030.
(a)The secretary, after consulting with the California Coastal Commission and the State Lands Commission concerning offshore energy activities, shall award grants to coastal counties and cities to be used for the purposes of planning, assessment, mitigation, permitting, monitoring and enforcement, public services and facilities, and for other activities that are related to offshore energy development, consistent with the requirements of the state’s coastal management program.
(b)Before receiving grants under this chapter, each coastal county and city shall submit a report to the secretary describing how the funds are to be expended. Before submitting the report, each coastal county and city shall provide opportunities for the public to review and comment on the report and shall hold at least one public hearing on the report.