Cal. PRC § 30610.05 — California Code / Code prc / Division 20 / Chapter 7 / Article 1 / Section 30610.05
Section 30610.05
Status: in_force

(a) (1) By July 1, 2027, the commission shall, pursuant to the requirements of subdivision (e) of Section 30610, and in consultation with the Department of Housing and Community Development, identify infill areas within at least three local jurisdictions that currently do not have a certified local coastal program, wherein development of a residential housing project comprised entirely of units, excluding managers’ units, that are deed-restricted for persons of very low-, low-, or moderate-income shall be categorically excluded from the requirement to obtain a coastal development permit.

(2) The categorical exclusion described in this subdivision shall remain in effect until June 30, 2037. The categorical exclusion described in paragraph (1) shall be of no further force or effect within an identified jurisdiction if the certification of the applicable local coastal program occurs on or before June 30, 2037.

(b) Notwithstanding Section 13244 of Title 14 of the California Code of Regulations, each of the areas identified by the commission pursuant to subdivision (a) shall be effective upon the commission certifying the exclusion pursuant to the two-thirds vote of its appointed members.

(c) (1) In identifying categorical exclusion areas within the jurisdictions described in subdivision (a), the commission, in consultation with the Department of Housing and Community Development, shall do both of the following:

(A) Select jurisdictions located in various regions of the coast.

(B) Select jurisdictions that vary in population size from one another.

(2) In identifying the categorical exclusion infill areas described in subdivision (a), the commission, in consultation with the Department of Housing and Community Development, shall do all of the following:

(A) Identify the largest feasible categorical exclusion areas.

(B) Ensure the areas affirmatively further fair housing, consistent with paragraph (1) of subdivision (a) of Section 8899.50 of the Government Code.

(C) Consider each selected jurisdiction’s inventory of sites in its housing element prepared pursuant to Section 65583 of the Government Code.

(D) Avoid sites that are projected to be impacted by sea level rise and associated coastal hazards.

(d) Nothing in this section shall exempt a qualifying residential housing project proposed in a categorical exclusion area from obtaining a land use entitlement approval otherwise required by the local jurisdiction pursuant to Division 1 (commencing with Section 65000) of Title 7 of the Government Code.

(e) Before commencing construction of a proposed residential housing project that is categorically excluded from the permit requirements of this chapter pursuant to subdivision (a), the development proponent shall request, and the commission shall issue, a notice of exclusion documenting that the proposed project is categorically excluded from the requirement to obtain a coastal development permit.

(f) On or before August 1, 2027, the commission shall post on its internet website clearly defined maps of the categorical exclusion areas established pursuant to this section.

(g) (1) On or before January 1, 2035, the commission shall submit a report to the Legislature identifying the number of projects that were constructed or that are currently under construction that were categorically excluded from the permit requirements of this chapter pursuant to subdivision (a).

(2) The report shall be submitted in compliance with Section 9795 of the Government Code.

(3) Pursuant to Section 10231.5 of the Government Code, the requirement for submitting a report imposed by this subdivision shall become inoperative on January 1, 2039.