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 a certificate of occupancy, including, obtaining a determination by the State Department of Public Health, State Water Resources Control Board, Department of Toxic Substances Control, or a local agency that the site is suitable for residential use or residential mixed uses.

This bill would additionally authorize a development subject to these provisions to be located on a hazardous waste site if a local officer, as defined, either (1) determines that the site is suitable for residential use or residential mixed uses or (2) as a condition of approval, requires that the site will be made suitable for residential use or residential mixed uses, as specified.