(1) The Planning and Zoning Law, until January 1, 2036, 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. Existing law specifies that a development is consistent with the objective planning standards if there is substantial evidence that would allow a reasonable person to conclude that the development is consistent with the objective planning standards. Existing law prohibits a development subject to these provisions from being located on a hazardous waste site unless certain exceptions apply, including the State Department of Public Health, State Water Resources Control Board, Department of Toxic Substances Control, or a local agency has otherwise cleared the site for residential use or residential mixed uses.

This bill would revise the above-described exception to, instead, authorize a development subject to these provisions to be located on a hazardous waste site if an applicant takes certain actions before the issuance of the first postentitlement phase permit, including, obtaining a determination by the State Department of Public Health, State Water Resources Control Board, regional water quality control boards, Department of Toxic Substances Control, or a local agency that the site is suitable for residential use or residential mixed uses. The bill would also authorize a development subject to these provisions to be located on a hazardous waste site if an applicant takes certain actions before the issuance of certificate of occupancy, as specified.

(2) When a release of waste occurs and remedial action is required, existing law authorizes a responsible party, as defined, to request a local officer to supervise the remedial action if the site is not already overseen by the Department of Toxic Substances Control or a regional water quality control board. Existing law authorizes the department or a regional water quality control board to retain or assume oversight authority from a local officer, as specified.

This bill would authorize a local officer to oversee development-specific site mitigation for a development on specified types of sites, including all hazardous waste facilities subject to corrective action as listed by the department, as provided. The bill would, for these purposes, define “development-specific site mitigation” to mean any level of remediation that is required for a local officer to issue a determination that the site is suitable for a proposed use in a proposed development.