(1) The Planning and Zoning Law requires a local agency, as defined, to compile one or more lists that specify in detail the information required from any applicant for a postentitlement phase permit, as defined. Existing law also establishes time limits for completing reviews regarding whether an application for a postentitlement phase permit is complete and compliant, and whether to approve or deny an application. If a local agency finds that a complete application is noncompliant, existing law requires the local agency to provide the applicant with a list of items that are noncompliant and a description of how the application can be remedied by the applicant within specified time limits. Existing law requires the time limits to be tolled, if the local agency requires review of the application by an outside entity, until the outside entity completes the review and returns the application to the local agency, as specified.
This bill would prohibit the local agency from requiring or requesting more than 2 plan check and specification reviews in connection with an application for a building permit, as part of its review, except as specified. The bill, if a local agency finds that a complete application is noncompliant, would prohibit a local agency from requesting or requiring any action or inaction as a result of a site inspection that would represent a deviation from a previously approved plan or similar approval for the project, except as specified. The bill would remove the above-described tolling requirements relating to outside entity reviews.
(2) Existing law, if a postentitlement phase permit is determined to be incomplete or noncompliant, requires a local agency to provide a process for an 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. Existing law requires the city or county to provide that the right of appeal is to the governing body or, at their option, the planning commission, or both.
Existing law requires a local agency to provide a final written determination on the appeal not later than 60 business days after receipt of the applicant's written appeal, for housing development projects with 25 units or fewer, and not later than 90 business days for a housing development projects with 26 units or more. Existing law also specifies that the fact that an appeal is permitted to both the planning commission and to the governing body does not extend the specified time period.
This bill would revise those timelines to not later than 30 business days for housing development projects with 25 units or fewer and 45 business days for housing development projects with 26 units or more. The bill would remove the specification that the fact that an appeal is permitted to both the planning commission and to the governing body does not extend the specified time period. The bill would remove the requirement that a city or county provide that the right of appeal is to the governing body or, at their option, the planning commission, or both.
This bill would authorize the applicant to seek a writ of mandate to compel approval of the application, if the applicant's appeal pursuant to this subdivision is denied, or a decision on the appeal is not made within the timelines provided, or an appeals process is not provided as required. The bill would require the writ of mandate to be granted if there is substantial evidence in the record that a reasonable person could find that the application is complete and compliant with the applicable standards.
By imposing additional duties on local agencies regarding postentitlement phase permits, the bill would impose a state-mandated local program.
(3) Existing law makes a local agency's failure to meet the above-described time limits relating to postentitlement phase permits a violation of the Housing Accountability Act.
This bill would, instead, make a violation of the above-described provisions relating to postentitlement phase permits, among others, a violation of the Housing Accountability Act.
(4) Existing law requires a special district that receives an application from a housing development project for service from a special district or an application from a housing development project for a postentitlement phase permit, as specified, to provide written notice to the applicant of the next steps in the review process, including, but not limited to, any additional information that may be required to begin to review the application for service or approval. Existing law requires the special district to provide this notice within 30 business days of receipt of the application for a housing development with 25 units or fewer, and within 60 business days for a housing development with 26 units or more.
This bill would authorize an applicant to provide a written response to the special district notifying the special district that the applicant believes that it has submitted all of the legally required information for the application to be considered and that the application is compliant with the applicable standards for approval of the application, if the applicant receives a notice from the special district requesting additional information. If the special district does not approve the application within 30 days of receiving the notice, the bill would authorize the applicant to seek a writ of mandate to compel approval of the application. The bill would require the writ of mandate to be granted if there is substantial evidence in the record that a reasonable person could find that the application is complete and compliant with the applicable standards. By imposing additional duties on special districts, the bill would impose a state-mandated local program.
(5) The bill would make other conforming changes and would provide that certain changes are declaratory of existing law.
(6) 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, including charter cities.
(7) 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.

Statutes affected:
03/24/25 - Amended Assembly: 65913.3 GOV, 65913.3 GOV, 65913.3.1 GOV, 65913.3.1 GOV
04/09/25 - Amended Assembly: 65913.3 GOV, 65913.3.1 GOV