Bill Text: CA AB2234 | 2021-2022 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Planning and zoning: housing: postentitlement phase permits.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Passed) 2022-09-28 - Chaptered by Secretary of State - Chapter 651, Statutes of 2022. [AB2234 Detail]
Download: California-2021-AB2234-Amended.html
public local agency shall compile one or more lists that shall specify in detail the information that will be required from any applicant for a postentitlement phase permit. The public local agency may revise the lists of information required from an applicant. Any revised list shall not apply to any permit pending review and shall not directly or indirectly make the
permit process take longer than the time periods set forth in this section.SEC. 3.
Bill Title: Planning and zoning: housing: postentitlement phase permits.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Passed) 2022-09-28 - Chaptered by Secretary of State - Chapter 651, Statutes of 2022. [AB2234 Detail]
Download: California-2021-AB2234-Amended.html
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Amended
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May 02, 2022 |
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Amended
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April 06, 2022 |
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Amended
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March 29, 2022 |
CALIFORNIA LEGISLATURE—
2021–2022 REGULAR SESSION
Assembly Bill
No. 2234
| Introduced by Assembly Members Robert Rivas and Grayson (Coauthor: Assembly Member Wicks) |
February 15, 2022 |
An act to add Section 65913.3 to the Government Code, relating to planning and zoning.
LEGISLATIVE COUNSEL'S DIGEST
AB 2234, as amended, Robert Rivas.
Planning and zoning: housing: postentitlement phase permits.
(1) Existing law, the Permit Streamlining Act, which is part of the Planning and Zoning Law, requires each public agency to provide a development project applicant with a list that specifies the information that will be required from any applicant for a development project. The act requires public agencies to approve or disapprove of a development project within certain specified timeframes. Existing law requires a city, county, or special district to provide specified information, including a current schedule of fees, exactions, and affordability requirements applicable to a proposed housing development project, and an archive of impact fee nexus studies, cost of service studies, or equivalent studies, conducted by the city, county, or special district, on its internet website.
The Housing Accountability Act, among other
things, prohibits a local agency from disapproving, or conditioning approval in a manner that renders infeasible, specified housing development projects, including projects for very low, low, or moderate-income households and projects for emergency shelters, that comply with applicable, objective general plan, zoning, and subdivision standards and criteria in effect at the time the application for the project is deemed complete, unless the local agency makes specified written findings supported by a preponderance of the evidence in the record. The act authorizes a project applicant, a person who would be eligible to apply for residency in the housing development or emergency shelter, or a housing organization to bring a lawsuit to enforce its provisions.
This bill would require a public local
agency to compile a list of information needed to approve or deny a postentitlement phase permit, as defined, to post an example of an ideal application and an example of an ideal complete set of postentitlement phase permits for the ___ most common housing development projects in the jurisdiction, and to make those items available to all applicants for these permits no later than January 1, 2024. The bill would define “public “local agency” for these purposes to mean a city, county, or city and county. No later than January 1, 2024, except as specified, the bill would require a public local agency to require permits to
be applied for, completed, and stored through a process on its internet website, and to accept applications and related documentation by electronic mail until that internet website is established. The bill would require the internet website or electronic mail to list the current processing status of the applicant’s permit by the public local agency, and would require that status to note whether it is being reviewed by the agency or action is required from the applicant.
This bill would establish time limits for determinations regarding whether an application for a postentitlement phase permit is complete, whether an application contains defects or deficiencies, and whether to approve or deny an application, as specified, and would make any failure to meet these time limits a
violation of the Housing Accountability Act. The bill would define specified terms for its purposes. By imposing additional duties on local officials, the bill would impose a state-mandated local program.
(2) The California Coastal Act of 1976 provides for the planning and regulation of development, under a coastal development permit process, within the coastal zone, as defined, that shall be based on various coastal resources planning and management policies set forth in the act.
This bill would provide that the above provisions would not apply to permits required and issued by specified government agencies, including permits required and issued by the California Coastal Commission.
(3) 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, counties, and cities and counties, including charter cities, counties, and cities and counties.
(4) 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. that no reimbursement is required by this act for a specified reason.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 65913.3 is added to the Government Code, to read:65913.3.
(a) (1) A(2) A public local agency shall post an example of an ideal application and an example of an ideal complete set of postentitlement phase permits for the ___ most common housing development projects in the jurisdiction.
(3) A public local agency shall make the items required by paragraphs (1) and (2) available on the agency’s internet website no later than January 1,
2024.
(b) (1) No later than January 1, 2024, a public local agency shall require postentitlement phase permits to be applied for, completed, and stored through a publicly available process on its internet website.
(2) Until a public local agency has established the process required by paragraph (1) on its internet website, it shall accept applications for
postentitlement phase permits and any related documentation by electronic mail. The
(3) The internet website or electronic mail shall list the current processing status of the applicant’s permit by the public local agency. That status shall note whether it is being reviewed by the agency or action is required from the applicant.
(3)
(4) This subdivision only applies to large jurisdictions as defined in Section 53559.1 of the Health and Safety Code.
(c) (1) (A) A public local agency shall determine whether an application for a postentitlement phase permit is complete and provide written notice of this determination to the applicant not later than 15 calendar days after the public
local agency received the application.
(B) If the public local agency determines an application is incomplete, the public local agency shall provide the applicant with a list of incomplete items and a description of how the application can be made complete. The list shall be limited to incomplete items that are included on the lists required by paragraph (1) of subdivision (a). The list and description shall be provided with the written notice required by
subparagraph (A).
(2) (A) An applicant may resubmit an application for a postentitlement phase permit after receiving a notice that the application was incomplete.
(B) In the review of an application resubmitted pursuant to subparagraph (A), the public local
agency shall not require the application to include an item that was not included in the list required by subparagraph (B) of paragraph (1).
(C) If an applicant resubmits an application pursuant to subparagraph (A), the public local agency shall determine whether the resubmitted application has remedied all incomplete items listed in the determination issued pursuant to subparagraph (B) of paragraph (1). This resubmittal is subject to the timelines and requirements specified in subparagraph (A) of paragraph (1).
(3) If a public
local agency does not make a timely determination as required by paragraph (1) or (2) and the application or resubmitted application states that it is for a postentitlement phase permit, the application or resubmitted application shall be deemed to be complete for the purposes of this chapter.
(d) (1) For residential developments housing development projects with 25 units or fewer, a public local agency shall complete the review, reach a determination
on each postentitlement phase permit requested, and immediately transmit that determination to the applicant by electronic mail and by posting the determination on its internet website in the manner prescribed in subdivision (b) not later than 30 calendar days after the public local agency determines that and application for a postentitlement phase permit is complete pursuant to subdivision (c).
(2) For residential developments housing development projects with 26 units or more, a public
local agency shall complete the review, reach a determination on each postentitlement phase permit requested, and immediately transmit that determination to the applicant by electronic mail and by posting the determination on its internet website in the manner prescribed in subdivision (b) not later than 60 calendar days after the public local agency determines that and application for a postentitlement phase permit is complete pursuant to subdivision (c).
(3) (A) The time limits in this subdivision shall not apply if the public
local agency makes written findings within the time limits specified in paragraph (1) or (2) based on substantial evidence in the record that the proposed postentitlement phase permit might have a specific, adverse impact on public health or safety and that additional time is necessary to process the application.
(B) For the purposes of this paragraph, “specific, adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.
(e) (1) If a public
local agency finds that a complete application is defective or deficient, the public local agency may provide the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by resubmitting the application or submitting revisions to the application within the time limits specified in subdivision (d).
(2) The public local agency shall provide the list and description required
authorized by paragraph (1) when it transmits its determination to the applicant as required by subdivision (d).
(3) If a public local agency denies a postentitlement phase permit application based on a defect or
deficiency, the applicant may attempt to remedy the defect or deficiency and resubmit the application to the public local agency.
(4) If an applicant resubmits an application pursuant to paragraph (3), this resubmittal is subject to the timelines of a new application as specified in subdivision (d).
(f) (1) If a postentitlement phase permit is determined to be incomplete under subdivision (c) or denied under subdivision
(d) or (e), the public local agency shall provide a process for the applicant to appeal that decision in writing to the governing body of the agency or, if there is no governing body, to the director of the agency, as provided by that agency. A city or county shall provide that the right of appeal is to the governing body or, at their option, the planning commission, or both.
(2) (A) With respect to a postentitlement phase permit concerning residential developments housing development projects
with 25 units or fewer, a public local agency on the appeal shall provide a final written determination by not later than 60 calendar days after receipt of the applicant’s written appeal. The fact that an appeal is permitted to both the planning commission and to the governing body does not extend the 60-day period. If the final written determination on the appeal is not made within that 60-day period, the public local agency shall be in violation of Section 65589.5.
(B) With
respect to a postentitlement phase permit concerning residential developments housing development projects with 26 units or more, a public local agency on the appeal shall provide a final written determination by not later than 90 calendar days after receipt of the applicant’s written appeal. The fact that an appeal is permitted to both the planning commission and to the governing body does not extend the 90-day period. If the final written determination on the appeal is not made within that 90-day period, the public
local agency shall be in violation of Section 65589.5.
(g) If a public local agency fails to meet the time limits in this section, it shall be in violation of Section 65589.5.
(h) This section does not place limitations on the amount of feedback that a public local agency may provide or revisions that a public
local agency may request of an applicant.
(i) For residential or residential mixed-use developments that are subject to the requirements set forth in Section 65913.4, the provisions of paragraph (2) of subdivision (h) of Section 65913.4 shall apply. Permits for these developments that are subject to paragraph (2) of subdivision (h) of Section 65913.4 shall not be in conflict with the requirements of this section. The public local agency shall comply with both sets of standards.
(j) This section does not preclude an applicant and a public
local agency from mutually agreeing to an extension of any time limit provided by this section. However, a public local agency shall not require a routine waiver of time limits as a condition of accepting the application for, or processing of, a postentitlement phase permit, unless the routine waiver is obtained for the purpose of permitting concurrent processing of related approvals or an environmental review on the same residential housing development project.
(k) For purposes of this section, the following definitions apply:
(1) “Public “Local agency” means any county, city, or city and county.
(2) (A) “Postentitlement phase permit” includes all nondiscretionary permits and reviews filed after the discretionary entitlement process has been completed that are required or issued by the public local agency to begin a development that is intended to be at least two-thirds
residential, excluding planning permits, entitlements, and other permits and reviews that are covered under Chapter 4.5 (commencing with Section 65920). A postentitlement phase permit includes, but is not limited to, all of the following:
(i) Building permits, and all inter-departmental review required for the issuance of a building permit.
(ii) Permits for minor or standard off-site improvements.
(iii) Permits for demolition.
(iv) Permits for minor or standard excavation and grading.
(v) A permit or review listed by a public
local agency pursuant to paragraph (1) of subdivision (a).
(B) A public local agency may identify by ordinance a threshold for determining whether a permit constitutes a “minor” or “standard” permit for the purposes of this paragraph, which shall be supported by written findings adopted by the jurisdiction.
(C) A postentitlement phase permit does not include a permit required and issued by the California Coastal Commission, a special district, or a utility that is not owned and operated by a public
local agency.
SEC. 2.
The Legislature finds and declares that access to affordable housing is a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 1 of this act adding Section 65913.3 of the Government Code applies to all cities, counties, and cities and counties, including charter cities, counties, and cities and counties.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
