Planning and zoning: housing development projects: postentitlement phase permits.
Summary
Existing law relating to housing development approval requires a local agency to compile a list of information needed to approve or deny a postentitlement phase permit, 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. Existing law defines "postentitlement phase permit" to include all nondiscretionary permits and reviews filed after the 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 23 residential, excluding discretionary and ministerial planning permits, entitlements, and certain other permits and reviews. These permits include, but are not limited to, building permits and all interdepartmental review required for the issuance of a building permit, permits for minor or standard off-site improvements, permits for demolition, and permits for minor or standard excavation and grading. Existing law defines other terms for its purposes. This bill would modify the definition of "postentitlement phase permit" to also include all building permits and other permits issued under the California Building Standards Code or any applicable local building code for the construction, demolition, or alteration of buildings, whether discretionary or nondiscretionary. Existing law 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, as specified, and makes any failure to meet these time limits a disapproval of the housing development project and a violation of the Housing Accountability Act. Existing law requires a local agency, beginning on specified dates determined by population size, to 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. This bill would instead require a local agency to return an approved permit application on each postentitlement phase permit requested for a housing development project, if the local agency determines that the complete application is compliant with the permit standards. The bill would prohibit a local agency from subjecting the postentitlement phase permit to any appeals or additional hearing requirements once the local agency determines that the postentitlement permit is compliant with applicable permit standards, as specified. By imposing additional duties on local officials, the 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.
Bill status
signed
all 5 stages cleared
Introduction
Feb 2023
Committee Review
Sep 2023
Assembly Passage
May 2023
Senate Passage
Sep 2023
Signed into Law
Oct 2023
Introduced Feb 15, 2023
Signed Oct 11, 2023
Floor votes · Senate Sep 5, 2023 · Assembly May 4, 2023
How they voted
39–0
Passed · 1 other
Total votes 40
Sep 5, 2023
D
Democratic31
96% Yea
R
Republican9
100% Yea
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
26
Key actions
12
Committee
11
Amendments
4
Oct 11, 2023
Signed into law
Approved by the Governor.
legislature
Sep 5, 2023
Lower · Passed
In Assembly. Ordered to Engrossing and Enrolling.
lower
Sep 5, 2023
Upper · Passed
Read third time. Passed. Ordered to the Assembly. (Ayes 39. Noes 0. Page 2360.).
upper
Aug 14, 2023
Upper · Passed
From committee: Be ordered to second reading file pursuant to Senate Rule 28.8 and ordered to Consent Calendar.
upper
Jul 11, 2023
Upper · Passed
From committee: Do pass and re-refer to Com. on APPR with recommendation: To Consent Calendar. (Ayes 11. Noes 0.) (July 10). Re-referred to Com. on APPR.
upper
Jun 21, 2023
Upper · Passed
From committee: Do pass and re-refer to Com. on HOUSING. (Ayes 8. Noes 0.) (June 21). Re-referred to Com. on HOUSING.
upper
Jun 2, 2023
Upper · Passed
In committee: Hearing postponed by committee.
upper
May 17, 2023
Committee
Referred to Coms. on GOV. & F. and HOUSING.
upper
May 4, 2023
Lower · Passed
Read third time. Passed. Ordered to the Senate. (Ayes 75. Noes 0. Page 1462.)
lower
Apr 26, 2023
Lower · Passed
From committee: Do pass. To Consent Calendar. (Ayes 16. Noes 0.) (April 26).
lower
Apr 17, 2023
Committee
Re-referred to Com. on APPR.
lower
Apr 13, 2023
Lower · Passed
Read second time and amended.
lower
Apr 12, 2023
Introduced
From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 8. Noes 0.) (April 12).
lower
Mar 28, 2023
Committee
Re-referred to Com. on H. & C.D.
lower
Mar 27, 2023
Lower · Passed
Read second time and amended.
lower
Mar 23, 2023
Introduced
From committee: Amend, and do pass as amended and re-refer to Com. on H. & C.D. (Ayes 8. Noes 0.) (March 22).
lower
Mar 2, 2023
Committee
Referred to Coms. on L. GOV. and H. & C.D.
lower
Feb 16, 2023
Lower · Passed
From printer. May be heard in committee March 18.
lower
1 primary · 0 co-sponsors
Sponsors
Role
Legislator
Party
State
District
P
Matt Haney
DDemocratic
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