Student Housing Bill Aimed at People's Park Unveiled

As noted in prior posts, there has been controversy over a lawsuit blocking construction of student housing in Berkeley's People's Park. There were promises that a bill overriding the lawsuit would be unveiled this week, partially in conjunction with the Regents' meetings. AB 1630 - which actually is dated in mid-February - had an official unveiling and is dubbed "The Student Housing Crisis Act of 2023." The bill does not refer to Berkeley specifically but essentially limits the ability of cities to block student housing near campuses.

Description: 

Existing law, the Planning and Zoning Law, authorizes the legislative body of any county or city, pursuant to specified procedures, to adopt ordinances that, among other things, regulate the use of buildings, structures, and land as between industry, business, residences, open space, and other purposes. Existing law, the Planning and Zoning Law, until January 1, 2026, authorizes a development proponent to submit an application for a multifamily housing development that is subject to a streamlined, ministerial approval process, as provided, and not subject to a conditional use permit, if the development satisfies specified objective planning standards, including, among other things, that the development and the site on which it is located satisfy specified location, urbanization, and zoning requirements. This bill would prohibit a city, county, or city and county from prohibiting a dormitory on any real property located within 12 mile of a university campus, as defined. The bill would require a city, county, or city and county to classify student housing as a permitted use on all real property within 12 mile of a university campus for zoning purposes. The bill would require a proposed student housing project, as defined, to be considered ministerially, without discretionary review or a hearing, if specified requirements are met, including that at least 50% of the unites in the project be occupied by students of the local university campus to which the project site is proximate. In connection with an application submitted pursuant to these provisions, the bill would require a city, county, or city and county to take specified actions, including, upon the request of the applicant, provide a list of permits and fees that are required by the city, county, or city and county. By imposing new duties on local jurisdictions, this bill would impose a state-mandated local program. The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. CEQA does not apply to the approval of ministerial projects. By establishing a streamlined, ministerial approval process for certain housing developments, this bill would expand the exemption for the ministerial approval of projects under CEQA. The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

Source: https://openstates.org/ca/bills/20232024/AB1630/.
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The text of the bill can be obtained from the link above by clicking on "View Latest Bill Text." Of course, the introduction of a bill doesn't mean enactment. The bill's sponsor, Assemblymember Eduardo Garcia represents a rural district. So, someone was picked to carry the bill who would not be in conflict with a city.