Low Barrier Navigation Center: opportunity housing: use by right: building standards.

Existing law, the Planning and Zoning Law, requires that a Low Barrier Navigation Center development be a use by right in areas zoned for mixed uses and nonresidential zones permitting multifamily uses if it meets prescribed requirements. Existing law defines the terms "Low Barrier Navigation Center" and "use by right" for these purposes. Existing law provides that the California Environmental Quality Act (CEQA) does not apply to an action taken by a public agency to lease, convey, or encumber land owned by a public entity or to facilitate the lease, conveyance, or encumbrance of land owned by a public agency, or to provide financial assistance to, or otherwise approve, a Low Barrier Navigation Center constructed or allowed by existing law. CEQA does not apply to the ministerial approval of projects. Existing law prescribes requirements for notifying a developer that its application for a Low Barrier Navigation Center development is complete and for the local jurisdiction to complete its review of the application. Existing law declares that Low Barrier Navigation Center developments are essential tools for alleviating the homelessness crisis in this state and are a matter of statewide concern and thus applicable to charter cities. Existing law repeals these provisions as of January 1, 2027. This bill would additionally require an opportunity housing project, as defined, to be a use by right if the project has a housing transition plan for a situation when the parcel on which the project is located is no longer suitable for opportunity housing projects, as specified. The bill would also expand use by right to include sites used pursuant to Executive Order No. N-23-20 and areas zoned for medical use or faith-based use. The bill would provide that these provisions do not apply to an opportunity housing project located on a site in a nonresidential zone unless the site is located near amenities and services that serve people experiencing homelessness, as specified. The bill, by authorizing additional developments to be a use by right under certain circumstances, would expand the exemption for the ministerial approval of projects under CEQA. The bill would further expand the above-described application requirements to include opportunity housing projects and additionally declare that the projects are a matter of statewide concern. The bill would also authorize an opportunity housing project proponent to submit a request to any local agency regarding any parcel owned by the local agency to inquire whether the parcel is suitable for an opportunity housing project. The bill would require a local agency to respond to the request within 60 days, as specified. By increasing the duties of local planning officials, this bill would impose a state-mandated local program. Existing law, the California Building Standards Law, establishes the California Building Standards Commission within the Department of General Services. Existing law requires the commission to approve and adopt building standards and to codify those standards in the California Building Standards Code. Existing law, the State Housing Law, requires the Department of Housing and Community Development to propose the adoption, amendment, or repeal of building standards to the California Building Standards Commission. The bill would require the Department of Housing and Community Development, at an expedited meeting on or after January 1, 2024, to investigate possible changes to the California Building Code for health, safety, and fire standards that could unnecessarily increase project construction costs for opportunity housing projects, while ensuring housing quality. The bill would authorize the department to propose changes to those building standards for consideration by the California Building Standards Commission if the department determines that changes can be incorporated to reduce the unnecessary construction costs for opportunity housing projects. 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.