Bill Tracker

AB 73 (Chiu) Planning & zoning: housing sustainability districts

(1) Authorizes cities and counties to establish housing sustainability districts. Each district must allow residential use by ministerial permit.  Local agencies may apply to OPR for a zoning incentive payment (subject to available funds). Half of the payment would be provided upon zone approval by the office and remainder upon  the issuance of project permits.  HCD would issue certificates of compliance each year a zoning payment was accepted.  The payment must be returned if no construction had started within three years.  Local agencies retain authority to develop applications, adopt design review standards, and charge application fees to defray the costs of the plan.  All development would be subject to prevailing wages and a skilled workforce.  Other specific procedures to review of individual applications apply.  
(2) Requires that the Judicial Council, by July 1, 2018, establish procedures that require that CEQA determinations or proceedings, including any appeals, be resolved, to the extent feasible, within 270 days of the certification of the record of the administrative proceedings.  Exempts district housing projects from environmental review.
The bill would also authorize a developer to develop a project in a housing sustainability district in accordance with the already existing land use approval procedures that would otherwise apply to the parcel in the absence of the establishment of the housing sustainability district pursuant to its provisions, as provided.  The bill would require that a housing sustainability district ordinance be effective for no more than 10 years, but would authorize the city, county, or city and county to renew the ordinance for not more than 10 years. 
(3) This bill would declare that its provisions are not severable. The bill would also make findings that it addresses a matter of statewide concern.
(4) This bill would incorporate additional changes to Section 65582.1 of the Government Code proposed by SB 35 to be operative only if this bill and SB 35 are enacted and this bill is enacted last.
More Info:Legislative Website Info
Last Updated:October 15, 2017