Planning and zoning.

(1) The Planning and Zoning Law, until January 1, 2026, authorizes a development proponent to submit an application for a multifamily housing development that is subject to a streamlined, ministerial approval process, as provided, and not subject to a conditional use permit, if the development satisfies specified objective planning standards. Existing law specifies that a development is consistent with the objective planning standards if there is substantial evidence that would allow a reasonable person to conclude that the development is consistent with the objective planning standards. This bill would clarify that a development subject to these provisions is subject to a streamlined, ministerial approval process, and not subject to a conditional use permit or any other nonlegislative discretionary approval. The bill would specify that a local government is required to approve a development if it determines that the development is consistent with objective planning standards, as specified. Existing law requires a development that is subject to these provisions to dedicate a minimum percentage of the total number of units to housing affordable to households making either 80% below or 120% below the area median income, as specified. This bill would clarify that the minimum percentage of total units that a development must dedicate is to be calculated before calculating any density bonus. Existing law prohibits a development subject to these provisions from being located on a hazardous waste site unless the State Department of Public Health, State Water Resources Control Board, or Department of Toxic Substances Control has otherwise cleared the site for residential use or residential mixed uses. This bill would additionally authorize a development subject to these provisions to be located on a hazardous waste site if a local agency has otherwise determined that the site is suitable for residential use or residential mixed uses or the site is an underground storage tank site and has received a uniform closure letter based on criteria established by the State Water Resources Control Board, as specified. Existing law authorizes a development proponent to request a modification to a development that has been approved under the streamlined, ministerial approval process if the request is submitted before the issuance of the final building permit required for construction of the development. This bill would prohibit a local government from determining that a development, including an application for a modification, is in conflict with the objective planning standards on the basis that application materials are not included, if the application contains substantial evidence that would allow a reasonable person to conclude that the development is consistent with the objective planning standards. Existing law authorizes a local government to impose design review and public oversight of a development subject to the streamlined, ministerial approval process, provided that the design review or public oversight is objective and any reasonable objective design standards imposed on the development are adopted before the submission of the development application and broadly applicable to development within the jurisdiction. This bill would require a local government that determines that a project is in conflict with those objective design review or public oversight standards to provide the development proponent written documentation of which objective standard or standards the development conflicts with, as specified. The bill would make other clarifying changes. (2) The Mitigation Fee Act requires a local agency that establishes, increases, or imposes a fee as a condition of approval of a development project to, among other things, determine a reasonable relationship between the fee's use and the type of development project on which the fee is imposed. Existing law requires a city, county, or special district that conducts an impact fee nexus study to follow specified standards and practices. This bill would define "city" for this purpose to include a charter city. (3) 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. (4) This bill would incorporate additional changes to Section 65913.4 of the Government Code proposed by SB 6 to be operative only if this bill and SB 6 are enacted and this bill is enacted last.