AB 2746: Streamlined housing approvals: multifamily housing developments: agricultural employee housing.

Existing law, except as provided, authorizes a development proponent to submit an application for a development that is subject to a certain streamlined, ministerial approval process and is not subject to a conditional use permit or any other nonlegislative discretionary approval if the development complies with certain procedures and objective planning standards, including that the development is not located on a site that, among other things, is in a parcel in the coastal zone and located on prime agricultural land, as defined, or is either prime farmland or farmland of statewide importance, as defined and specified. Existing law defines various terms for these purposes.

This bill would, until January 1, 2033, authorize a development proponent to submit an application pursuant to the above-described streamlined, ministerial approval process for a development of agricultural employee housing on prime agricultural land, prime farmland, or farmland of statewide importance within specified counties if the development otherwise complies with the provisions described above, as specified. The bill would require each of those counties to submit a specified report to the Legislature by January 1, 2032. The bill would define various terms for these purposes.

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 expanding the scope of projects eligible for streamlined, ministerial approval as described above, this bill would expand the scope of the exemption from CEQA for 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.

This bill would make legislative findings and declarations as to the necessity of a special statute for the specified counties described above.