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Housing: Planning and zoning process requires a pre-consultation with a California Native American tribe prior to submission for the streamlined housing approval process
Urgency legislation to take eect immediately on September 26, 2020.
Requires a pre-consultation process with a California Native American tribe prior to the submission of an SB 35, Chapter 366, Statutes of 2017, permit, which entitles a developer to a streamlined housing approval process, in order to identify and protect tribal cultural resources.
Under existing law, SB 35 created a streamlined ministerial approval process for inll aordable housing projects. Enacting a tribal consultation for SB 35 streamlined housing projects mirroring that required under CEQA makes sense. But, AB 168 goes well beyond that by giving tribes an unchallengeable veto over whether a housing project is eligible for SB 35’s entitlement process. C.A.R. opposed AB 168 unless it was amended to remove the provisions that retroactively subjects any housing project to an unchallengeable veto by a tribe as this provision will signicantly delay or halt projects that are already in progress which only further exacerbates the state’s housing shortage.
Assembly Bill 168 is codied as Government Code Sections 65400, 65913.4, and 65941.1.
Urgency legislation to take eect immediately on September 26, 2020.
Housing: Residential entitlements extended
Requires cities and counties to evaluate the impact of government actions on the cost of housing and associated impacts to minority communities and extends by 18 months, the time frame for the expiration, eectuation, or utilization of a housing entitlement for any housing entitlement that was issued prior to, and was in eect on, March 4, 2020, and will expire prior to December 31, 2021.
The California Building Industry Association writes in support, "This important measure has two critical components. First, it encourages local governments to consider the impacts their zoning decisions have on communities of color, and second, extends the expiration date of building permits or other entitlements necessary for, or pertaining to, a housing development project. This proposed legislation recognizes the extreme health and nancial devastation due to this pandemic- induced recession has had on Californians and proposes a measured and time-limited response."
This law extends by 18 months any applicable time frame for any “housing entitlement.” This extension applies to any such entitlement issued prior to and eective on March 4, 2020, and that will expire prior to December 31, 2021.
30 The Greater San Diego Association of REALTORS®