Coastal resources: coastal development permits: infill area categorical exclusion.

Senator Laird’s measure would create a targeted, time-limited pathway within California’s coastal resources framework to exempt certain affordable infill housing from the coastal development permit requirement, but only in infill areas across at least three jurisdictions that do not have certified local coastal programs. The exclusion applies to residential projects comprised entirely of units deed-restricted for persons with very low-, low-, or moderate-income (excluding managers’ units) and would remain in effect until June 30, 2037, ending earlier for a jurisdiction if its local coastal program is certified on or before that date. Certification of the exclusion requires a two-thirds vote by the California Coastal Commission and would follow the Commission’s standard process for categorical exclusions.

Key mechanisms require the Commission, in consultation with the Department of Housing and Community Development, to identify eligible infill areas by July 1, 2027; map those areas on the Commission’s website by August 1, 2027; and report by January 1, 2035 on the number of projects constructed or under construction under the exclusion, with the reporting requirement set to become inoperative on January 1, 2039. The geographic scope targets infill areas within at least three local jurisdictions lacking certified local coastal programs, with criteria that include selecting regions across the coast, ensuring population diversity, identifying the largest feasible areas, and ensuring alignment with affirmatively furthering fair housing, housing-element site inventories, and avoidance of sites projected to be affected by sea level rise and coastal hazards. Before construction, project proponents must obtain a notice of exclusion from the Commission, documenting that the project is categorically excluded from the coastal development permit requirement. Even with the exclusion, the bill preserves local land use entitlements required by state law, and it requires that maps and notices be publicly accessible.

The bill interacts with existing law by embedding a new exclusion within the coastal permitting framework established by the California Coastal Act and relying on the Commission’s two-thirds-vote, public-hearing process for categorical exclusions. It references related statutory provisions governing fair housing obligations, housing-element considerations, and state reporting requirements, while maintaining that a qualifying project must still obtain local entitlements under existing government code provisions. The exclusion becomes effective only upon Commission certification, notwithstanding certain administrative regulations, and it does not repeal other existing CDP carve-outs. Local entitlements continue to apply, and the measure specifies that the exclusion’s reach is constrained by the absence or later certification of a local coastal program in the identified jurisdictions. Implementation hinges on interagency collaboration, mapping, and public notification, with a formal timeline spanning identification, mapping, and reporting milestones.

In policy terms, the proposal positions itself at the intersection of housing affordability and coastal resource management by creating a conditional, jurisdiction-specific relief from state-level permitting for a defined category of deed-restricted affordable housing in certain infill corridors. It emphasizes considerations around fair housing objectives, coastal hazard avoidance, and housing-element planning while leaving ultimate zoning and local entitlement decisions to municipal jurisdictions. The framework envisions public maps and a formal notice process to accompany project development, alongside a sunset for the exclusion and a future reporting requirement to inform legislative oversight.