The Permit Streamlining Act requires a public agency that is the lead agency for a development project to approve or disapprove that project within specified time periods. Existing law requires a city or county that has an internet website to, among other things, make a fee estimate tool that the public can use to calculate an estimate of fees and exactions for a proposed housing development project available on its internet website. This bill would require a city or county with a population of 150,000 or more persons to make a centralized application portal available on its internet website to applicants for housing development projects, as prescribed. The bill would, notwithstanding that provision, authorize a city or county described above to make a centralized application portal available on its internet website no later than January 1, 2030, if the legislative body of the city or county, on or before January 1, 2028, takes certain action, including initiating a procurement process to make a centralized application portal available on its internet website. The bill would require the centralized application portal to allow for tracking of the status of an application. The bill would specify that a city or county is not required to provide the status of any permit or inspection required by another local agency, a state agency, or a utility provider. The bill would define various terms for purposes of its provisions. 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. 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.
Existing law, the Planning and Zoning Law, provides for the adoption and administration of zoning laws, ordinances, rules and regulations by counties and cities and the implementation of those general plans as may be in effect in those counties or cities. In that regard, existing law requires each local agency, by January 1, 2025, to develop a program for the preapproval of accessory dwelling unit plans. This bill would require each local agency, as defined, to develop a program for the preapproval of single-family and multifamily residential housing plans, whereby the local agency accepts single-family and multifamily plan submissions for preapproval and approves or denies the preapproval applications, as specified. The bill would require a large jurisdiction, as defined, to develop this program by July 1, 2026, and a small jurisdiction, as defined, to develop a program by January 1, 2028. The bill would authorize a local agency to charge a fee to an applicant for the preapproval of a single-family or multifamily residential housing plan, as specified. The bill would require the local agency to post preapproved single-family or multifamily residential housing plans and the contact information of the applicant on the local agency's internet website. The bill would require an application for preapproval to include a statement by the applicant that the applicant has sufficient authority, license, or ownership interest in the plan to submit the plan for preapproval and, if approved, posted as described above. This bill would prohibit the preapproval program from applying to single-family or multifamily residential housing plans intended for use in certain communities and developments, as specified. The bill would require a local agency to either approve or deny an application for a single-family or multifamily residential housing unit, both as defined, within 30 days if the lot meets certain conditions and the application utilizes either a single-family or multifamily residential housing unit plan preapproved within the current triennial California Building Standards Code rulemaking cycle or a plan that is identical to a plan used in an application for a single-family or multifamily residential housing unit approved by the local agency within the current triennial California Building Standards Code rulemaking cycle. The bill would also provide that its provisions do not prevent a local agency from voluntarily accepting or admitting additional plans at higher densities in additional zoning districts into the preapproved housing plan program, at the local agency's discretion. Existing law requires each county and each city to adopt a comprehensive, long-term general plan for the physical development of the county or city, and specified land outside its boundaries, that includes, among other specified mandatory elements, a housing element. That law requires the planning agency of a city or county to provide by April 1 of each year an annual report to, among other entities, the Office of Land Use and Climate Innovation. Existing law requires the annual report to include, among other things, the city's or county's progress in meeting its share of regional housing needs, as specified. This bill, beginning on April 1, 2027, for large jurisdictions and beginning on April 1, 2029, for small jurisdictions, would require the local agency to include in its annual report the number of units of residential housing that are approved using a preapproved housing plan pursuant to this act. By imposing new duties on local agencies with regard to developing a preapproval program and its annual report, the bill would create a state-mandated local program. Existing law, the California Environmental Quality Act (CEQA) , requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment. CEQA does not apply to the approval of ministerial projects. To the extent that the ministerial review process established by the bill would apply to final, discretionary approval of an application for a single-family or multifamily housing unit, the bill would exempt those projects from CEQA. 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. 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.
Existing law authorizes a development proponent to submit an application for an eligible agricultural employee housing development that is subject to a streamlined, ministerial approval process, as specified, and is not subject to a conditional use permit if certain requirements are met, including that the development is located on specified land in the County of Santa Clara or the County of Santa Cruz and is within 15 miles of an area designated as farmland or grazing by the Department of Conservation and is not a site or adjoined to a site where more than 13 of the square footage on the site is dedicated to industrial use, as specified. The act defines an eligible agricultural housing development as an agricultural employee housing development that meets certain requirements, including that the development does not contain more than 36 units or spaces, or 150 units or spaces for developments located in the County of Santa Clara or the County of Santa Cruz, designed for use by a single family or household. This bill would expand eligibility for the approval process under these provisions to include a development located in the Counties of Fresno, Madera, or Merced that meets the above-described requirements that it be located within 15 miles of an area designated as farmland or grazing and not on a site or adjoined to a site where more than 13 of the square footage on the site is dedicated to industrial use, as specified. The bill would also increase the maximum number of units in an eligible agricultural employee housing development from 36 units to 150 units if the development is located in the Counties of Fresno, Madera, or Merced. By expanding the scope of developments eligible for approval, thereby increasing the duties of local officials, the bill would impose a state-mandated local program. This bill would make legislative findings and declarations as to the necessity of a special statute for the Counties of Fresno, Madera, and Merced. 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.
Existing law, commonly referred to as the Density Bonus Law, requires a city or county to provide a developer that proposes a housing development, as defined, within the city or county with a density bonus, other incentives or concessions, and waivers or reductions of development standards, as specified, if the developer agrees to construct, among other options, specified units and meets other requirements. This bill would specify that certain provisions of the Density Bonus Law do not require a city, county, or city and county to approve, grant a concession or incentive requiring approval of, or waive or reduce development standards otherwise applicable to, transient lodging as part of a housing development, except as specified. This bill would incorporate additional changes to Section 65915 of the Government Code proposed by SB 92 to be operative only if this bill and SB 92 are enacted and this bill is enacted last.
Existing law, the Planning and Zoning Law, requires each city, county, or city and county to prepare and adopt a general plan for its jurisdiction that contains certain mandatory elements, including a housing element. Under existing law, a part of the housing element is an assessment of housing needs, which includes the locality's share of the regional housing need. Under existing law, the appropriate council of governments, or for cities and counties without a council of governments, the Department of Housing and Community Development, adopts a final regional housing need plan that allocates a share of the regional housing need to each locality in the region. Existing law authorizes a local government to conduct a review or appeal regarding allocation data provided by the department or the council of governments regarding, among other things, the locality's share of the regional housing need. This bill would authorize a local government within the same county as a tribe to enter into a voluntary agreement with a tribe to allow new tribal housing development projects to count toward the locality's share of the regional housing needs allocation, as specified. The bill would prohibit a local government from requiring a tribe to waive sovereign immunity in order to enter into a voluntary agreement pursuant to these provisions. The bill would define various terms for these provisions. The bill would state the intent of the Legislature that the Department of Housing and Community Development be encouraged to approve units in a tribal housing development as counting toward the locality's regional housing needs allocation, as specified. 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.
Existing law within the Planning and Zoning Law describes various reforms and incentives enacted by the Legislature to facilitate and expedite the construction of affordable housing. Existing law within the Planning and Zoning Law, in certain civil actions or proceedings against a public entity that has issued specified approvals for a housing development, authorizes a court to award all reasonably incurred costs of suit to a prevailing public entity or nonprofit housing corporation that is a real party in interest and the permit applicant of the low- or moderate-income housing if the court makes specified findings. This bill, where the applicant for a housing development is a prevailing party in an action brought by the applicant to enforce the public agency's compliance with a housing reform law as applied to the applicant's housing development project, would entitle an applicant for a housing development project to reasonable attorney's fees and costs and would require a court to impose fines on a local agency, as specified. The bill would extend any period of limitation for actions under any state law for a period of 60 days beginning on the date the applicant provides written notice to the local agency indicating its intent to commence an action. The bill would prohibit a public agency from requiring the applicant to indemnify, defend, or hold harmless the public agency in any action alleging the public agency violated the applicant's rights or deprived the applicant of the benefits or protection provide by a housing reform law. The bill would define housing reform law as a law that establishes or facilitates protections for the benefit of applicants for housing development projects or imposes limitations on a public agency for the benefit of housing development projects.
(1) The Planning and Zoning Law requires each county and city to adopt a comprehensive, long-term general plan for its physical development, and the development of certain lands outside its boundaries, that includes, among other mandatory elements, a housing element. That law, until January 1, 2033, deems a housing development project an allowable use on any real property owned by a local educational agency if the housing development satisfies specified conditions, including, among others, consisting of at least 10 housing units, 100% of the units being rented by local educational agency employees, local public employees, and general members of the public pursuant to a specified priority, and a majority of the units being deed restricted for lower income or moderate-income households, as specified. Existing law, the Housing Accountability Act, among other things, prohibits a local agency from disapproving a housing development project for very low, low-, or moderate-income households unless the local agency makes written findings as to one of certain sets of conditions, as specified, and describes various requirements applicable to housing development projects. This bill would revise and recast the provisions deeming a housing development project an allowable use on any real property owned by a local educational agency. The bill would require the housing development to satisfy specified conditions, and would apply the requirements of the Housing Accountability Act to review of housing development projects subject to these provisions. The bill would provide that a proposed housing development project is eligible for a density bonus, as specified, and would define various terms for these purposes. The bill would extend the operation of these provisions until January 1, 2036. (2) Existing law, prior to the sale, lease, or rental of any excess real property, requires the governing board of each school district to appoint a school district advisory committee to advise the governing board of the school district in the development of districtwide policies and procedures governing the use or disposition of school buildings or space in school buildings that is not needed for school purposes. Notwithstanding that law, existing law authorizes the governing board of a school district to elect not to appoint a school district advisory committee in the sale, lease, or rental of excess real property to be used for teacher or school district employee housing. This bill would specify that the governing board of a school district is authorized to elect not to appoint a school district advisory committee in the sale, lease, or rental of excess real property to be used for teacher or school district employee housing and that is subject to the provisions governing real property owned by a local educational agency described above. (3) The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. Existing law, until January 1, 2033, exempts from CEQA certain actions taken by a public agency related to affordable housing projects, as defined, if certain requirements are met. This bill would provide that an affordable housing project for purposes of the CEQA exemption includes real property owned by a local educational agency, as described above, and would exempt these projects from certain of the requirements for other affordable housing projects. (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 approving certain 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 no reimbursement is required by this act for a specified reason.
(1) The Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 governs the procedures for the formation and change of organization of cities and special districts and establishes a local agency formation commission in each county consisting of members appointed as provided. The act expresses the intent of the Legislature that each local agency formation commission, by January 1, 2002, establish written policies and procedures and exercise its powers in a way that encourages and provides planned, well-ordered, efficient urban development patterns, as specified. The act requires these written policies and procedures to include forms to be used for various submittals to the commission, as provided. The act requires each commission to provide access to notices and other information to the public on an internet website, as specified, including notice of all public hearings and commission meetings. This bill would require that each local agency formation commission establish the written policies and procedures described above. The bill would require that the written policies and procedures include any forms necessary for a complete application to the commission concerning a proposed change of organization or reorganization. The bill would require each commission to provide access to its written policies and procedures to the public, including any forms necessary for a complete application for a change of organization or reorganization, through its internet website. (2) The Permit Streamlining Act, among other things, requires a public agency to compile a list of the information required from an applicant for a development project, as provided. This bill would require a public agency, for each type of approval issued in connection with a housing development project, as defined, to publish online the above-described list, including the criteria that the public agency will apply in order to determine the completeness of the development application and the name of the type of approval, as provided. (3) By increasing the duties of local agency formation commissions in establishing and publishing written policies and procedures and of local planning officials in reviewing permit applications for 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 no reimbursement is required by this act for a specified reason.
Under the Planning and Zoning Law, the legislative body of a county or city may adopt ordinances that, among other things, regulate the use of buildings, structures, and land, as provided. The Subdivision Map Act vests the authority to regulate and control the design and improvement of subdivisions in the legislative body of a local agency and sets forth procedures governing the local agency's processing, approval, conditional approval or disapproval, and filing of tentative, final, and parcel maps. Existing law requires a local agency to consider ministerially a specified proposed housing development or to ministerially approve a parcel map for an urban lot split if the development or parcel meets specified requirements, including, that the development or parcel is not located within a historic district or property included on the State Historic Resources Inventory or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to city or county ordinance, as specified. Existing law authorizes a local agency to impose specified objective standards on the development or parcel created by an urban lot split, except as specified. With respect to ministerial review of a proposed housing development under the above-described provisions, this bill would, if the other specified requirements are met, instead require a local agency to consider ministerially the development that is not located in either a contributing structure within a historic district included on the State Historical Resources Inventory or within a historic property or district pursuant to city or county ordinance or in a parcel individually listed as a historical resource included in the State Historical Resources Inventory or within a property individually designated or listed as a city or county landmark under a city or county ordinance. The bill would also authorize a local agency to adopt objective standards for the purposes of maintaining the historical value of a historic district listed in the California Register of Historical Resources, as specified. With respect to an urban lot split under the above-described provisions, this bill would, if the other specified requirements are met, instead require a local agency to ministerially approve the urban lot split if the parcel is not located within a historic landmark property included on the State Historical Resources Inventory or within a site that is designated or listed as a city or county landmark pursuant to a city or county ordinance. The bill would additionally require that the proposed urban lot split not require demolition or alteration of specified structures. By imposing additional duties on local agencies, 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 no reimbursement is required by this act for a specified reason.
Existing law, the California Community Care Facilities Act, requires the State Department of Social Services to license and regulate transitional housing placement providers, which is defined as organizations licensed by the department to provide transitional housing to foster children at least 16 years of age and not more than 18 years of age and to nonminor dependents to promote their transition to adulthood. Existing law requires the department to adopt regulations governing transitional housing placement living arrangement requirements for minors and nonminor dependents, including allowing a participant to share a bedroom or unit with certain other individuals and requiring all counties and program contracts to allow participants and those certain other individuals to share bedrooms, bathrooms, and units together, regardless of gender identity. Under existing law, a violation of the act is a misdemeanor. This bill would require all counties and program contracts to also ensure that decisions about sharing bedrooms, bathrooms, and units together are led by the program participant and agreed upon in collaboration with the provider. By increasing county duties, this bill would impose a state-mandated local program. Existing law requires an applicant to obtain certification from a county specifying the population that will be served by the facility in order to be licensed as a transitional housing placement provider. Existing law requires the certification to confirm that the program includes specified components, depending on the population served. This bill would specify contract requirements if a county contracts with a transitional housing placement provider, including prohibiting the contract from containing terms that create unreasonable barriers for a qualified foster youth's admission into or participation in the 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 no reimbursement is required by this act for a specified reason.
