(1) The Permit Streamlining Act, among other things, 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 a public agency that has received an application for a development project to determine in writing whether the application is complete within 30 calendar days and to immediately transmit the determination to the applicant of the development project.
This bill would require that an application for a housing entitlement, as defined, be deemed complete upon payment of the permit processing fees and upon providing specified information, including, among other things, the information required in the above-described list provided by the public agency. The bill would require the Department of Housing and Community Development to adopt a standardized application form that applicants for a housing entitlement may use for the purpose of satisfying these requirements and would require a city, county, or city and county to accept an application submitted on the standardized application form. The bill would prohibit the city, county, or city and county from requiring submission of any other forms, beside the standardized application form, except as specified.
This bill would prohibit a city, county, or city and county from requiring certain information or approvals, including, among others, any requirement for preapplication submissions, approvals, reviews, meetings, consultations, public outreach notices, or any other preapplication requirements, as a condition of determining that an application for a housing entitlement is complete. The bill would prohibit a city, county, or city and county from imposing a penalty or an additional fee, processing requirement, or submittal requirement as a consequence of an applicant using the standardized application form.
This bill would authorize the department to review, adopt, amend, and repeal standards, forms, and definitions to implement these requirements. The bill would exempt any rule, policy, or standard of general application issued by the department in implementing these requirements from the Administrative Procedure Act.
(2) The Housing Accountability Act, among other things, requires, if a local agency that proposes to disapprove a housing development project, as defined, that complies with applicable, objective general plan, zoning, and subdivision standards and criteria in effect at the time that the application was deemed complete, or to impose a condition that the project be developed at a lower density, that the local agency base its decision upon written findings supported by a preponderance of the evidence on the record that specified conditions exist. Existing law defines various terms for purposes of the Housing Accountability Act. Among these terms, the act defines "disapprove the housing development project" for these purposes to include various actions taken by a local agency, including any instance in which a local agency determines that an application for a housing development project is incomplete, as described above, and includes in the determination an item that is not required on the local agency's submittal requirement checklist. Existing law requires the local agency to bear the burden of proof that the required item is listed on the submittal requirement checklist.
This bill would revise the above-described definition of "disapprove the housing development project" to also including any instance in which a local agency determines that an application for a housing development project is incomplete and includes in the determination an item that is prohibited from being required under the bill's provisions, as described above. The bill would require the local agency to bear the burden of proof that the required item is permitted to be required.
(3) Existing law requires a city, county, or special district that has an internet website to make specified information available on its internet website, as applicable, including a current schedule of fees, exactions, and affordability requirements it has imposed that are applicable to a proposed housing development project.
This bill would additionally require a city, county, or special district that has an internet website to make available on its internet website a copy of the standardized application form for a housing entitlement adopted by the department under the bill's provisions, as described above.
(4) 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.
(5) By adding to the duties of local planning officials with respect to the review and approval of housing development projects, this bill would impose a state-mandated local program.
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.
Statutes affected: AB 1294: 65913.2 GOV
02/21/25 - Introduced: 65913.2 GOV
03/17/25 - Amended Assembly: 65589.5 GOV, 65589.5 GOV, 65940.1 GOV, 65940.1 GOV, 65913.2 GOV