Splitting multifamily dwelling units: streamlined ministerial approval.

Existing law, until January 1, 2026, authorizes a development proponent to submit an application for a multifamily housing development containing 2 or more residential units, which satisfies specified objective planning standards, that is subject to a streamlined, ministerial approval process, as provided, and not subject to a conditional use permit. Existing law requires a local government to notify the development proponent in writing if the local government determines that the development conflicts with any of those objective standards by a specified time; otherwise, the development is deemed to comply with those standards. This bill would, in addition, authorize a development proponent to submit an application for a development to split one or more dwelling units within a multifamily housing development to create additional smaller dwelling units to be subject to a streamlined, ministerial approval process. The bill would require a local government to notify the development proponent in writing if the local government determines that the development conflicts with any of those objective standards within 30 days of a completed application being submitted; otherwise, the development is deemed to comply with those standards. This bill would restrict a local government's authority to impose automobile parking standards for a development subject to these provisions and would prohibit imposition of parking standards for a project that is located within specified areas. The bill would prohibit a local government from imposing any standard requiring a minimum or maximum unit size or any density restriction on a development subject to these provisions. By imposing new duties upon local agencies with respect to the streamlined approval process described above, the bill would impose a state-mandated local program. The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. CEQA does not apply to the approval of ministerial projects. The approval process established by this bill is ministerial in nature, thereby exempting the approval of development projects subject to that approval process from CEQA. The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.