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State Land Use Enacted Legislation
| Bill # | State | Year | Party | Topic |
|---|---|---|---|---|
AB 1174 |
CA | 2021 | D | Affordable housing incentives and financing, By-right zoning, Other streamlining |
Provided by Furman
Summary
- Amends the streamlined ministerial approval process (SB 35) for multifamily housing developments to provide greater certainty and flexibility:
- Approval validity: Clarifies that approvals are valid indefinitely if specified requirements are met; otherwise valid for 3 years from final action (or from final judgment if litigation challenges the approval). Revises construction requirements that must be met for approval to remain valid.
- Modification requests: Extends the validity period during modification review by the number of days between submission and final approval of the modification request, plus 180 days to obtain building permits. These provisions apply retroactively to modifications submitted before January 1, 2022.
- Objective standards application:
- Excludes underground space from square footage calculations when determining whether new objective planning standards may be applied to modifications
- Objective building standards may be applied to modifications submitted before the first building permit application, or to other modifications if the developer agrees
- Requires local governments to apply objective standards in effect at original application submission for subsequent permits, unless developer agrees to updated standards
- Revises “affordable rent” definition for developments with applications submitted before January 1, 2019, meeting specified criteria.
Provided by lawmakers
Bill Title
Planning and zoning: housing: development application modifications, approvals, and subsequent permits
Related resources
Enacted Legislation Related Posts
Research and analysis from the Furman Center on this and related housing policy topics.
