Bill Text: CA AB2234 | 2021-2022 | Regular Session | Amended

California Assembly Bill 2234 (Prior Session Legislation)

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

Amended IN Senate August 11, 2022

Amended IN Senate June 23, 2022

Amended IN Senate June 08, 2022

Amended IN Assembly May 02, 2022

Amended IN Assembly April 06, 2022

Amended IN Assembly 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 Sections 65913.3 and 65913.3.5 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 local agency to compile a list of information needed to approve or deny a postentitlement phase permit, as defined, to post an example of a complete, approved application and an example of a complete set of postentitlement phase permits for at least 5 types of housing development projects in the jurisdiction, as specified, and to make those items available to all applicants for these permits no later than January 1, 2024. The bill would define “local agency” for these purposes to mean a city, county, or city and county.

This bill would require a local agency, beginning on specified dates determined by population size, to ~~require~~ provide an option for postentitlement phase permits to be applied for, completed, and retrieved by the applicant on its internet website, and accept applications for postentitlement phase permits and any related documentation by electronic mail until that process has been established. The bill would require the local agency to list on their internet website or provide by electronic mail upon request, as applicable, the current processing status of the applicant’s permit.

This bill would establish time limits for ~~determinations~~ completing reviews regarding whether an application for a postentitlement phase permit is ~~complete, whether an application contains defects or deficiencies,~~ complete and compliant, 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 no reimbursement is required by this act for a specified reason.

Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES

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 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 local agency may revise the lists of information required from an applicant. Any revised list shall not apply to any permit pending review.

(2) A local agency shall post an example of a complete, approved application and an example of a complete set of postentitlement phase permits for at least five types of housing development projects in the jurisdiction, including, but not limited to, accessory dwelling unit, duplex, multifamily, mixed use, and townhome.

(3) A 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) (A) A 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 business days after the local agency received the application.

(B) If the local agency determines an application is incomplete, the 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) After receiving a notice that the application was incomplete, an applicant may cure and address the items that are deemed to be incomplete by the local agency.

(B) In the review of an application submitted pursuant to subparagraph (A), the 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 submits an application pursuant to subparagraph (A), the local agency shall determine whether the additional application has remedied all incomplete items listed in the determination issued pursuant to subparagraph (B) of paragraph (1). This additional application is subject to the timelines and requirements specified in subparagraph (A) of paragraph (1).

(3) If a 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.

(c) (1) For housing development projects with 25 units or fewer, a local agency shall complete the ~~review, reach a determination~~ review and either return in writing a full set of comments to the applicant with a comprehensive request for revisions or return the approved permit application on each postentitlement phase permit requested, and immediately transmit that determination to the applicant by electronic mail ~~and~~ and, if applicable, by posting the ~~determination~~ response on its internet website in the manner prescribed in subdivision (b) of Section 65913.3.5 not later than 30 business days after the local agency determines that ~~and~~ an application for a postentitlement phase permit is complete pursuant to subdivision (b).

(2) For housing development projects with 26 units or more, a local agency shall complete the ~~review, reach a determination~~ review and either return in writing a full set of comments to the applicant with a comprehensive request for revisions or return the approved permit application on each postentitlement phase permit requested, and immediately transmit that determination to the applicant by electronic mail ~~and~~ and, if applicable, by posting the ~~determination~~ response on its internet website in the manner prescribed in subdivision (b) of Section 65913.3.5 not later than 60 business days after the local agency determines that ~~and~~ an application for a postentitlement phase permit is complete pursuant to subdivision (b).

(3) (A) The time limits in this subdivision shall not apply if the 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.

(4) If the local agency requires review of the application by an outside entity, the time limits in this subdivision shall be tolled until the outside entity completes the review and returns the application to the local agency, at which point the local agency shall complete the review within the time remaining under the time limit, provided that the local agency notifies the applicant within three business days by electronic mail and, if applicable, by posting the notification on its internet website in the manner prescribed in subdivision (b) of Section 65913.3.5 of the tolling and resumption of the time limit.

(d) (1) If a local agency finds that a complete application is ~~defective or deficient,~~ noncompliant, the local agency ~~may~~ shall provide the applicant with a list of items that are ~~defective or deficient~~ noncompliant and a description of how the application can be remedied by the applicant within the time limits specified in subdivision (c).

(2) The local agency shall provide the list and description authorized by paragraph (1) when it transmits its determination to the applicant as required by subdivision (c).

(3) If a local agency denies a postentitlement phase permit application based on a ~~defect or deficiency,~~ determination that the application is noncompliant, the applicant may attempt to remedy the ~~defect or deficiency.~~ application.

(4) If an applicant submits an application pursuant to paragraph (3), the additional application is subject to the timelines of a new application as specified in subdivision (c).

(e) (1) If a postentitlement phase permit is determined to be incomplete under subdivision (b) or denied or determined to be noncompliant under subdivision (c) or (d), the 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 housing development projects with 25 units or fewer, a local agency on the appeal shall provide a final written determination by not later than 60 business 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-business-day period.

(B) With respect to a postentitlement phase permit concerning housing development projects with 26 units or more, a local agency on the appeal shall provide a final written determination by not later than 90 business 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-business-day period.

(f) If a local agency fails to meet the time limits in this section, it shall be in violation of Section 65589.5.

(g) This section does not place limitations on the amount of feedback that a local agency may provide or revisions that a local agency may request of an applicant.

(h) 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 local agency shall comply with both sets of standards.

(i) This section does not preclude an applicant and a local agency from mutually agreeing to an extension of any time limit provided by this section. However, a local agency shall not require an agreement as a condition of accepting the application for, or processing of, a postentitlement phase permit, unless the agreement is obtained for the purpose of permitting concurrent processing of related approvals or an environmental review on the same housing development project.

(j) For purposes of this section, the following definitions apply:

(1) “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 local agency to begin construction of 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.

(B) A 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 local ~~agency.~~ agency, or any other entity that is not a city, county, or city and county.

SEC. 2.

Section 65913.3.5 is added to the Government Code, to read:

65913.3.5.

(a) (1) A local agency located in a county with a population of 1,100,000 or greater, or a local agency with a population of 75,000 or greater in any county, as determined by the 2020 census, shall comply with subdivision (b) no later than January 1, 2024.

(2) A local agency required to comply with paragraph (1) may extend the time period described in that paragraph for two years if the legislative body of the local agency does both of the following by January 1, 2024:
(A) Makes a written finding that adopting an online permitting system by January 1, 2024, would require substantial increases in permitting fees.
(B) Has initiated a procurement process for the purpose of complying with subdivision (b).
~~(2)~~

(3) (A) The following local agencies shall comply with subdivision (b) no later than January 1, 2028:

(i) A local agency with a population of fewer than 75,000 located in a county with a total population of less than 1,100,000, as determined by the 2020 census.

(ii) A county with a population in the unincorporated area of fewer than 75,000, as determined by the 2020 census.

(B) A local agency required to comply with subparagraph (A) may extend the time period in subparagraph (A) by an additional five years if the legislative body of the local agency makes a written finding that adopting an online permitting system on or before January 1, 2028, would require substantial increases in permitting fees.

~~(3)Notwithstanding paragraph (2), this section shall only apply to large jurisdictions as defined in Section 53559.1 of the Health and Safety Code.~~

(b) (1) Subject to subdivision (a), a local agency shall ~~require~~ provide an option for postentitlement phase permits to be applied for, completed, and retrieved by the applicant on its internet website.

(2) Until a 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.

(3) (A) The internet website shall list the current processing status of the applicant’s permit by the local agency. That status shall note whether it is being reviewed by the agency or action is required from the applicant.

(B) A local agency required to accept applications by electronic mail pursuant to paragraph (2) shall respond to inquiries from an applicant regarding the current processing status of the applicant’s permit via electronic mail.

(c) Notwithstanding subdivision (a), this section shall only apply to large jurisdictions, as defined in Section 53559.1 of the Health and Safety Code.
(d) For purposes of this section, the following definitions apply:
~~(c)~~

(1) “Local agency” means any county, city, or city and county, including charter cities.

(2) “Postentitlement phase permit” has the same meaning as in Section 65913.3.

SEC. 3.

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, Sections 1 and 2 of this act adding Sections 65913.3 and 65913.3.5 of the Government Code applies to all cities, counties, and cities and counties, including charter cities, counties, and cities and counties.

SEC. 4.

No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.