The Planning and Zoning Law, until January 1, 2036, authorizes a development proponent to submit an application for a multifamily housing development that is subject to a streamlined, ministerial approval process, as provided, and not subject to a conditional use permit, if the development satisfies specified objective planning standards (streamlining process) . Existing law, for purposes of this streamlining process, authorizes a development proponent to request a modification to an approved development if submitted to the local government before the issuance of the final building permit required for construction of the development. Existing law requires a local government to approve a modification if it determines the modification is consistent with the objective planning standards in effect when the original development application was first submitted. Existing law requires evaluations of modifications for consistency with the objective planning standards to be made using the same assumptions and analytical methodology the local government originally used, as described. This bill would instead require the local government to approve a modification if it determines the modification is consistent with objective zoning standards, objective subdivision standards, and objective design review standards that were in effect when the original development application or notice of intent was first submitted, as described. The bill would also require subsequent modifications to be evaluated for consistency using the same assumptions and analytical methodology the local government originally used, or that was used in a previous modification, as described. The bill would make conforming changes. Existing law provides that if a development proponent requests a modification, as described above, the time during which approval of the development remains valid is extended for the number of days between the submittal of a modification request and the date of its final approval, plus an additional 180 days to allow time to obtain a building permit. Existing law also further extends that time during the pendency of litigation, if any. This bill would provide that the litigation extension is not limited to the first request for a modification submitted by the development proponent. This bill would also make nonsubstantive changes. 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. By imposing additional duties on local officials, 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.
The Affordable Housing and High Road Jobs Act of 2022, until January 1, 2033, authorizes a development proponent to submit an application for a mixed-income housing development along a commercial corridor that satisfies specified site criteria, affordability criteria, and objective development standards, and deems a housing development that meets those requirements a use by right and subject to streamlined, ministerial review. Existing law prohibits the objective standards from precluding a development from being built at specified residential density required and from requiring the development to reduce unit size to meet the objective standards. This bill would also prohibit the objective standards from prohibiting or otherwise limiting mixed-use development, as defined, in a housing development project. By changing the criteria local agencies must follow for the approval of certain development projects, the bill would impose a state-mandated local program. The Affordable Housing and High Road Jobs Act of 2022 defines various terms for purposes of the act. This bill would make nonsubstantive changes to those definition 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 requires a housing development project to be an allowed use as a transit-oriented housing development on any site zoned for residential, mixed, or commercial development within prescribed distances of a transit-oriented development stop if the development complies with specified requirements. Existing law applies these provisions to a local agency beginning July 1, 2026, unless the local agency adopts an ordinance or local transit-oriented development alternative plan, as specified. Existing law prescribes requirements for these plans, including requiring that the plan not reduce the capacity in any transit-oriented development zone in total units or residential floor area by more than 50%. Existing law defines various terms for these purposes. This bill would provide that a transit-oriented development alternative plan may reduce the capacity in up to one transit-oriented development zone in total units or residential floor area by more than 50% if certain requirements are met. This bill would incorporate additional changes to Section 65912.161 of the Government Code proposed by AB 2576 to be operative only if this bill and AB 2576 are enacted and this bill is enacted last.
Existing law, commonly referred to as the Density Bonus Law, requires a city or county to provide a developer that proposes a housing development within the city or county with a density bonus, waivers or reductions of development standards, parking ratios, and other incentives or concessions, as specified, if the developer agrees to construct certain types of housing, including, among other types of housing, housing that will include specified percentages of units for rental or sale to lower income households or very low income households, as specified. Existing law requires a city or county to grant incentives or concessions requested by an applicant for a density bonus except under prescribed circumstances. Existing law defines "incentives or concessions" to include, among other things, a reduction in site development standards or a modification of zoning code requirements or architectural design requirements that exceed the minimum building standards, as specified, and regulatory incentives or concessions proposed by the developer or the city or county that result in identifiable and actual cost reductions to provide for affordable housing costs, as specified. This bill would exclude, for buildings over 85 feet in height above grade, a reduction in site development standards, a modification of zoning code or architectural design requirements, and other regulatory incentives or concessions that include or relate to a labor standard, as defined, that have been adopted by the local government entity from the definition of "incentives or concessions." The bill would provide that, for purposes of these provisions, the applicable labor standards are those that do not exceed certain statutory requirements, as specified, as those requirements existed on December 31, 2025. This bill would incorporate additional changes to Section 65915 of the Government Code proposed by AB 2433, AB 2480, or both, to be operative only if this bill and AB 2433, AB 2480, or both, are enacted and this bill is enacted last.
Existing law requires a housing development project to be an allowed use as a transit-oriented housing development if certain requirements are met. Existing law provides that these provisions do not apply to a local agency until July 1, 2026, unless the local agency takes specified actions. Existing law defines various terms for these purposes. Existing law prohibits a local government from adopting any requirement that applies to a project solely or partially on the basis that the project is seeking approval as a transit-oriented housing development, as specified. This bill would additionally prohibit a local government with an existing or planned transit-oriented development stop from taking specified actions with respect to transit agencies and transit projects.
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 specified units and meets other requirements. Existing law, among other things, requires compliance with certain affordability requirements, including requiring that the applicant agree to ensure, and that the city, county, or city and county ensure, that a for-sale unit that qualified the applicant for the award of the density bonus is either (1) initially sold to and occupied by a person or family of very low, low, or moderate income, as specified, or (2) if the unit is not purchased by an income-qualified person or family within 180 days after the issuance of the certificate of occupancy, the unit is purchased by a qualified nonprofit housing corporation, as provided. This bill would additionally allow the applicant and the city, county, or city and county to comply with the above-described affordability requirements with respect to a for-sale unit by ensuring that the unit is purchased by a nonprofit housing corporation, as specified, for properties to be sold to and occupied by extremely low, very low, or lower income families who participate in a below market interest rate loan program, as described. By adding to the duties of local agencies to implement the Density Bonus Law, 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 Planning and Zoning Law requires a local agency or state agency 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. Existing law requires the time limits to be tolled, if the local agency or state agency requires review of the application by an outside entity, until the outside entity completes the review and returns the application, as specified. This bill would prohibit a local agency or state 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. The bill would authorize a local agency or state agency to deny an application that is not compliant with the permit standards following 2 plan check and specification reviews. The bill would also authorize an applicant to request additional submittals of applications that are not compliant with the permit standards. The bill, if a local agency or state agency finds that a complete application is noncompliant, would prohibit a local agency or state agency from requesting or requiring any action or inaction as a result of a building inspection undertaken to assess compliance with the applicable building permit standards that would represent a deviation from a previously approved building plan or similar approval for the building permit, except as specified. This bill would remove the above-described tolling requirements relating to outside entity reviews and, instead, would require, if federal or state law requires review of the application by another public agency that is independent of the local agency or state agency before the local agency or state agency is authorized to act on the application, the time limits to be tolled for the application until the public agency completes the review and returns the application to the local agency or state agency. The bill would require the local agency or state agency to notify the applicant of the tolling, as specified. (2) Existing law, if a postentitlement phase permit is determined to be incomplete or noncompliant, requires a local agency or state 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 or state 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, if a postentitlement phase permit is determined to be incomplete or noncompliant, a local agency or state agency provide a process for an applicant to appeal that decision to the director of the agency if there is no governing body, as provided by that agency. 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 is denied, or a decision on the appeal is not made within the timelines provided, or an appeals process is not provided as required. By imposing additional duties on local agencies regarding postentitlement phase permits, the bill would impose a state-mandated local program. (3) Existing law, the Housing Accountability Act, among other things, prohibits a local agency from disapproving, or conditioning approval in a manner that renders infeasible, 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. The act also requires, when a proposed housing development project complies with applicable, objective general plan, zoning, and subdivision standards and criteria in effect at the time that the application was deemed complete, but the local agency proposes to disapprove the project or to impose a condition that the project be developed at a lower density, that the local agency base its decision regarding the proposed housing development project upon written findings supported by a preponderance of the evidence on the record that 2 specified conditions exist. Existing law defines the term "disapprove the housing development project" for these purposes to include any instance in which a local agency takes certain actions or fails to comply with certain requirements, including the time limits described above. 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. The bill would also revise the definition of "disapprove the housing development project" under the Housing Accountability Act to include any instance in which a local agency fails to comply with any of the provisions described above relating to postentitlement phase permits. By requiring local agencies to take certain actions, this bill would impose a state-mandated local program. (4) The bill would make other conforming changes and would provide that certain changes are declaratory of existing law. (5) 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. (6) This bill would incorporate additional changes to Section 65589.5 of the Government Code proposed by SB 1072 to be operative only if this bill and SB 1072 are enacted and this bill is enacted last. (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.
(1) Existing law, the Davis-Stirling Common Interest Development Act, governs the management and operation of common interest developments. Existing law places various limits and prohibitions on the governing documents, as defined, relative to an owner's separate interest within those developments. This bill would declare void and unenforceable any covenant, restriction, or condition contained in any deed, contract, security instrument, other instrument affecting the transfer or sale of any interest in a common interest development, or provision of a governing document that effectively prohibits or restricts the owner of a separate interest from completing a residential window replacement project or impose any requirements on California Energy Code-compliant windows, as specified. The bill's provisions would not apply to certain provisions that impose reasonable installation restrictions on a residential window replacement project that do not significantly increase the cost of a residential window replacement project or significantly decrease the energy efficiency of a residential window replacement project, except as specified. This bill would prohibit an association from subjecting a residential window replacement project to design review or any other form of approval if the association's governing documents do not place reasonable restrictions on a residential window replacement project. This bill, for specified residential window replacement projects that propose the replacement of windows, would require an association to impose certain conditions on the project, including a requirement that the owner obtain approval from the association. The bill would require an association to approve a project if the owner agrees to certain requirements in writing, including that the owner comply with the association's governing documents, engage a licensed contractor for the installation, obtain any required local or state permits required for the project, and pay for the costs associated with the installation. (2) The Planning and Zoning Law authorizes the legislative body of any county or city to adopt ordinances that regulate the use of buildings, structures, and land as between industry, business, residences, open space, and other purposes. This bill would require a city, county, or city and county to administratively approve an application for a residential window replacement project. The bill would prohibit a city, county, or city and county from requiring discretionary review or a hearing for a residential window replacement project. The bill would also prohibit a city, county, or city and county from denying an application for a residential window replacement project and a local government that is both a city and county from imposing any conditions on certain windows proposed in a housing development project, except as specified. The bill would limit the application of these provisions under certain circumstances, including if a residential building is individually designated on the California Register of Historical Resources prior to the date the application for a residential window replacement project is submitted. By adding to the duties of local governments, this bill would impose a state-mandated local program. (3) The bill would make its provisions severable. (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) This bill would make legislative findings and declarations as to the necessity of a special statute for the City and County of San Francisco. (6) 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, 2027, and a small jurisdiction, as defined, to develop a program by January 1, 2029. 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. This bill would require a local agency to either approve or deny ministerially an application for a single-family or multifamily residential housing unit within 30 days if the lot meets certain conditions and the application utilizes specified plans that have been preapproved by the local agency or that are identical to a plan used in an application approved by the local agency. The 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. 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. 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. This bill, beginning on April 1, 2028, for large jurisdictions and beginning on April 1, 2030, 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. 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, 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 require certain types of student housing quarters, as determined by the department, that are built within the jurisdiction of a local government, as defined, regardless of whether they have been issued a completed entitlement, a building permit, or a certificate of occupancy, to count toward a local government's share of the locality's lower income regional housing needs allocation. The bill would require the department to count the certain types of student housing quarters reported pursuant to specified provisions toward the local government's regional housing needs allocation progress. The Planning and Zoning law requires the planning agency in each city and county, after the legislative body has adopted all or part of a general plan, to provide by April 1 of each year an annual report to various entities that includes specified information. This bill would require the report to include the number of certain types of student housing quarters, as determined by the department, that are built within the jurisdiction regardless of whether they have been issued a completed entitlement, a building permit, or a certificate of occupancy, as described above, thus far in the housing element cycle, and the income category, by area median income category, that each type of student housing quarters satisfies. By increasing the scope of data required to be reported in the annual report, the bill would impose a state-mandated local program. The bill would include findings and declarations related to 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.
