Thursday, August 11, 2016

"As-of-Right" Real Property Development Approval

Housing proposals often have tough sledding through the rough and rocky snows of approval processes...

Photo below: Rendering of San Francisco's Treasure Island Plan proposal -- 20 years in-progress.


California: Streamlining Affordable Housing Approvals

(Excerpt) "Any design review of the development shall not exceed ninety (90) days from the submittal of the development to the local government pursuant to this section, and shall not in any way inhibit, chill, or preclude the ministerial approval provided by this section and the effect thereof.
(e) A development that satisfies subdivision (b) of this section shall not be subject to the requirements of Section 65589.5 of the Government Code in order to be accorded by right status under this section.
(f) The review of a permit, license, certificate, or any other entitlement, including, but not limited to: the enactment and amendment of zoning or design review ordinances or guidelines, the issuance of zoning variances, the issuance of conditional use permits, and the approval of tentative subdivision maps, by any public agency with land-use authority over any development that satisfies subdivision (b) of this section shall be ministerial.
(g) This section shall be enforceable pursuant to a writ of mandate issued pursuant to Section 1085 of the Code of Civil Procedure.
(h) The development applicant or development proponent may submit information describing the development pursuant to Government Code Section 65400.1(a).
(i) The Legislature finds and declares that this section shall be applicable to all cities and counties, including charter cities, because the Legislature finds that the lack of affordable housing is a matter of vital statewide importance.
(j) Any and all individuals displaced by a development that is approved through the ministerial process authorized by this section shall be accorded relocation assistance as provided in the California Relocation Assistance Act set forth in Section 7267.8 et seq.
(k) This section shall apply, notwithstanding anything to the contrary contained in this code or in any other law."
Source: California Proposed Legislation -- Government Code Section 65400.1

Regulatory Constraints
Development Rights
As-of-Right Uses and their Accessory Uses
NIMBY Syndrome


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