Planning and zoning: housing: development application modifications, approvals, and subsequent permits.
The impact of AB 1174 is significant as it seeks to amend existing housing laws to allow approved developments to be valid indefinitely if certain requirements are continuously met. Alternatively, if litigation occurs against the approval, the bill allows for valid approval for three years following a final judgment. Additionally, it clarifies conditions under which local governments may modify development applications and expand the definition of affordable rent, effectively lowering barriers for housing development. This aligns with the state's goal to increase affordable housing availability and improve the housing supply chain.
Assembly Bill 1174, known as the Planning and Zoning: Housing: Development Application Modifications, aims to amend Section 65913.4 of the Government Code. This legislation introduces a streamlined, ministerial approval process for multifamily housing developments, allowing proponents to submit applications that are not subject to conditional use permits if they meet designated objective planning standards. The bill intends to enhance housing supply and streamline the approval process until January 1, 2026, thereby addressing the immediate housing crisis by reducing delays related to project approvals, litigation, and permit processes.
The sentiment surrounding AB 1174 has been generally positive among proponents, particularly among those who support expedited development and increased access to affordable housing. Advocates argue that the streamlined process will lead to more efficient project implementations and ultimately contribute to addressing California's ongoing housing shortages. However, there are some concerns regarding the potential overreach of state authority into local zoning affairs, which has drawn criticism from opponents who fear loss of local control in housing policy execution.
Notable points of contention include the tension between state mandates and local autonomy. While supporters see the streamlining as necessary for responding quickly to housing needs, detractors caution against eroding local governments' abilities to tailor housing developments to their communities' unique needs. Furthermore, the bill's urgency clause, allowing it to take effect immediately upon approval, raises questions about the proper legislative process and the need for broad stakeholder engagement, especially from local governments affected by these changes.