Amended IN Assembly March 29, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 2234Introduced by Assembly Members Robert Rivas and GraysonFebruary 15, 2022 An act to add Section 65913.3 to the Government Code, relating to planning and zoning.LEGISLATIVE COUNSEL'S DIGESTAB 2234, as amended, Robert Rivas. Planning and zoning: housing: post-entitlement postentitlement phase permits.(1) Existing law, the Permit Streamlining Act, which is part of the Planning and Zoning Law, 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 public agencies to approve or disapprove of a development project within certain specified timeframes. Existing law requires a city, county, or special district to provide specified information, including a current schedule of fees, exactions, and affordability requirements applicable to a proposed housing development project, and an archive of impact fee nexus studies, cost of service studies, or equivalent studies, conducted by the city, county, or special district, on its internet website.The Housing Accountability Act, among other things, prohibits a local agency from disapproving, or conditioning approval in a manner that renders infeasible, specified housing development projects, including projects for very low, low, or moderate-income households and projects for emergency shelters, that comply with applicable, objective general plan, zoning, and subdivision standards and criteria in effect at the time the application for the project is deemed complete, unless the local agency makes specified written findings supported by a preponderance of the evidence in the record. The act authorizes a project applicant, a person who would be eligible to apply for residency in the housing development or emergency shelter, or a housing organization to bring a lawsuit to enforce its provisions.This bill would require a public agency to create a list of information needed to approve or deny a post-entitlement postentitlement phase permit, as defined, to create an ideal application and ideal complete set of postentitlement phase permits, and to make that list those items available to all applicants for these permits no later than January 1, 2024. The bill would define public agency for these purposes to mean a city, county, or city and county. No later than January 1, 2024, 2024, except as specified, the bill would require a public agency to require permits to be applied for, completed, and stored through a process on its internet website, and to accept applications and related documentation by electronic mail until that internet website is established. The bill would require the internet website or electronic mail to list the current processing status of the applicants permit by the public agency, and would require that status to note whether it is being reviewed by the agency or action is required from the applicant.This bill would establish time limits for the approval or denial of a post-entitlement phase permit based on the number of units created by the residential development, determinations regarding whether an application for a postentitlement phase permit is complete, whether an application contains defects or deficiencies, and whether to approve or deny an application, as specified, and would make any failure to meet these time limits a violation of the Housing Accountability Act. The bill would require the public agency to determine and notify the applicant within seven business days if it has the capacity to approve or deny the permit within the time limits and to contract or employ a private entity or persons on a temporary basis to perform necessary services to approve or deny the permit, as prescribed. The bill would authorize a public agency that meets the specified time limits to receive priority for funding under state housing financing programs, and would define specified terms for its purposes. By imposing additional duties on local officials, the bill would impose a state-mandated local program.(2) The California Coastal Act of 1976 provides for the planning and regulation of development, under a coastal development permit process, within the coastal zone, as defined, that shall be based on various coastal resources planning and management policies set forth in the act.This bill would provide that the above provisions would not apply to permits required and issued by specified government agencies, including permits required and issued by the California Coastal Commission.(3) 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, counties, and cities and counties, including charter cities, counties, and cities and counties.(4) 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 65913.3 is added to the Government Code, to read:65913.3. (a) A (1) A public agency shall compile one or more lists that shall specify in detail the information that will be required from any applicant for a post-entitlement postentitlement phase permit. The public agency may revise the lists of information required from an applicant. Any revised list shall not apply to any permit pending review and shall not directly or indirectly make the permit process take longer than the time periods set forth in this section. No later than January 1, 2024, the public agency shall make those lists available to applicants for permits under this section and to any person who requests that information.(2) A public agency shall create an ideal application and ideal complete set of postentitlement phase permits.(3) A public agency shall make the items required by paragraphs (1) and (2) available on the agencys internet website no later than January 1, 2024.(b) No (1) Except for public agencies described in paragraph (3), no later than January 1, 2024, a public agency shall require post-entitlement postentitlement phase permits to be applied for, completed, and stored through a publicly available process on its internet website. Until the(2) Until a public agency has established this the process required by paragraph (1) on its internet website, it shall accept applications for permits and any related documentation by electronic mail. The internet website or electronic mail shall list the current processing status of the applicants permit by the public agency. That status shall note whether it is being reviewed by the agency or action is required from the applicant.(3) A public agency for a city with a population of fewer than 100,000 is exempt from the requirements of paragraph (1).(c)(1)Once an applicant has submitted an application for a post-entitlement phase permit according to the requirements of subdivisions (a) and (b), the public agency shall determine and notify the applicant within seven business days whether or not it is able to approve or deny the permit within the time limits specified in subdivision (d). This seven business day period shall be included in the time limits specified in subdivision (d).(2)If the public agency determines that it is unable to complete the review and reach a determination on each step of the post-entitlement process within the prescribed time limits, the agency shall, upon request of the applicant, contract or employ a private entity or persons on a temporary basis to perform the services as is necessary to ensure that the agency meets those time limits. However, a public agency shall not be required to enter into any contract or employ any persons if it determines that entities or persons are unavailable or unqualified to perform those services or that the public agency would be able to perform services in a more rapid fashion than would any available and qualified entities or persons. Entities or persons employed by a public agency may perform, pursuant to an agreement with the public agency, all functions necessary to process post-entitlement phase permits by local ordinances adopted pursuant to this section.(d)(c) (1) For residential developments development with 25 units or fewer, a public agency shall complete the review, reach a determination on the application, each postentitlement phase permit requested, and immediately transmit that determination to the applicant by electronic mail and by posting the determination on its internet website in the manner prescribed in subdivision (b) not less later than 30 calendar days after the public agency has received all of the information in the lists required by subdivision (a) for processing of the post-entitlement each postentitlement phase permit. permit requested.(2) For residential developments with 26 units or more, a public agency shall complete the review, reach a determination on the application, each postentitlement phase permit requested, and immediately transmit that determination to the applicant by electronic mail and by posting the determination on its internet website in the manner prescribed in subdivision (b) not less later than 60 calendar days after the public agency has received all of the information in the lists required by subdivision (a) for processing of the post-entitlement each postentitlement phase permit. permit requested.(d) (1) (A) A public agency shall determine whether an application for a postentitlement phase permit is complete and provide written notice of this determination to the applicant not later than 15 calendar days after the public agency received the application.(B) If the public agency determines an application is incomplete, the public agency shall provide the applicant with a list of incomplete items and a description of how the application can be made complete. The list shall be limited to incomplete items that are included on the lists required by paragraph (1) of subdivision (a). The list and description shall be provided with the written notice required by subparagraph (A).(2) (A) An applicant may resubmit an application for a postentitlement phase permit after receiving a notice that the application was incomplete.(B) If an applicant resubmits an application pursuant to subparagraph (A), a public agency shall determine whether the resubmitted application is complete and provide written notice of this determination to the applicant not later than 15 calendar days after the public agency received the resubmitted application. If the public agency determines that the resubmitted application is incomplete, it shall provide the application with the information required by subparagraph (B) of paragraph (1) in the manner required by that subparagraph.(C) In the review of an application resubmitted pursuant to subparagraph (A), the public agency shall not require the application to include an item that was not included in the list required by subparagraph (B) of paragraph (1).(3) If a public agency does not make a timely determination as required by paragraph (1) or (2) and the application or resubmitted application states that it is for a postentitlement phase permit, the application or resubmitted application shall be deemed to be complete for the purposes of this chapter.(e) The time limits specified in this section for approving or denying a post-entitlement phase permit may be extended by mutual consent of the applicant and the public agency required to act. However, a public agency shall not require a routine waiver of time limits as a condition of accepting the application for, or processing of a post-entitlement phase permit, unless the routine waiver is obtained for the purpose of permitting concurrent processing of related approvals or an environmental review on the same residential development project. (1) (A) If a public agency denies a postentitlement phase permit application based on a defect or deficiency other than incompleteness of the application, the public agency shall provide the applicant with a list of items that are defective or deficient and a description of how the application can be remedied.(B) The public agency shall provide the list and description required by subparagraph (A) when it transmits its determination to the applicant as required by subdivision (c).(C) If a public agency denies a postentitlement phase permit application based on a defect or deficiency other than incompleteness of the application, the applicant may attempt to remedy the defect or deficiency and resubmit the application to the public agency.(2) (A) If a public agency receives a resubmitted postentitlement phase permit application authorized by paragraph (1) for a residential development with 25 units or fewer, the public agency shall complete the review, reach a determination on the application, and transmit that determination to the applicant by email and by posting the determination on its internet website in the manner prescribed in subdivision (b) not less than 15 calendar days after the public agency has received all of the information in the lists required by subdivision (a) for processing the resubmitted application.(B) If a public agency denies a resubmitted postentitlement phase permit application based on a defect or deficiency other than incompleteness of the application, the public agency shall provide the applicant with a list of items that are defective or deficient and a description of how the application can be remedied.(C) The public agency shall provide the list and description required by subparagraph (B) when it transmits its determination to the applicant as required by subparagraph (A).(3) (A) If a public agency receives a resubmitted postentitlement phase permit application authorized by paragraph (1) for a residential development with 26 units or more, the public agency shall complete the review, reach a determination on the application, and transmit that determination to the applicant by email and by posting the determination on its internet website in the manner prescribed in subdivision (b) not less than 30 calendar days after the public agency has received all of the information in the lists required by subdivision (a) for processing the resubmitted application.(B) If a public agency denies a resubmitted postentitlement phase permit application based on a defect or deficiency other than incompleteness of the application, the public agency shall provide the applicant with a list of items that are defective or deficient and a description of how the application can be remedied.(C) The public agency shall provide the list and description required by subparagraph (B) when it transmits its determination to the applicant as required by subparagraph (A).(4) If a public agency denies a resubmitted postentitlement phase permit application under paragraph (2) or (3) based on a defect or deficiency in the resubmitted application other than incompleteness of the application, the applicant may attempt to remedy the defect or deficiency and resubmit the application to the public agency. An application resubmitted pursuant to this paragraph shall be subject to the timeline and requirements provided by paragraph (2) or (3), as applicable.(f)(g) (1) If the post-entitlement a postentitlement phase permit is denied, determined to be incomplete under subdivision (d) or denied under subdivision (e) or (f), the public agency shall provide a process for the 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. A city or county shall provide that the right of appeal is to the governing body or, at their option, the planning commission, or both.(2) (A) With respect to a post-entitlement postentitlement phase permit concerning residential developments with 25 units or fewer, a public agency on the appeal shall provide a final written determination by not later than 60 calendar days after receipt of the applicants written appeal. The fact that an appeal is permitted to both the planning commission and to the governing body does not extend the 60-day period. If the final written determination on the appeal is not made within that 60-day period, the public agency shall be in violation of Section 65589.5.(B) With respect to a post-entitlement postentitlement phase permit concerning residential developments with 26 units or more, a public agency on the appeal shall provide a final written determination by not later than 90 calendar days after receipt of the applicants written appeal. The fact that an appeal is permitted to both the planning commission and to the governing body does not extend the 90-day period. If the final written determination on the appeal is not made within that 90-day period, the public agency shall be in violation of Section 65589.5.(g)(h) If a public agency fails to meet the time limits in this section, it shall be in violation of Section 65589.5.(h)A public agency that meets the deadlines in this section shall receive priority for funding under state housing finance programs.(i) This section does not place limitations on the amount of feedback that a public agency may provide.(j) For residential or residential mixed-use developments that are subject to the requirements set forth in Section 65913.4, the provisions of paragraph (2) of subdivision (h) of Section 65913.4 shall apply. Permits for these developments that are subject to paragraph (2) of subdivision (h) of Section 65913.4 shall not be in conflict with the requirements of this section. The public agency shall comply with both sets of standards.(k) This section does not preclude an applicant and a public agency from mutually agreeing to an extension of any time limit provided by this section. However, a public agency shall not require a routine waiver of time limits as a condition of accepting the application for, or processing of, a postentitlement phase permit, unless the routine waiver is obtained for the purpose of permitting concurrent processing of related approvals or an environmental review on the same residential development project.(k) (l) For purposes of this section, the following definitions apply:(1) Public agency means any county, city, or city and county.(2) (A) Post-entitlement Postentitlement phase permit includes all nondiscretionary permits and reviews filed after the discretionary entitlement process has been completed that are required or issued by the public agency to begin residential or residential mixed-use development, a development that is intended to be at least two-thirds residential, excluding planning permits, entitlements, and other permits and reviews that are covered under Chapter 4.5 (commencing with Section 65920). A post-entitlement postentitlement phase permit includes, but is not limited to, all of the following:(i) Building permits, and all inter-departmental review required for the issuance of a building permit.(ii) Permits for an minor or standard off-site improvement. improvements.(iii)Permits for site remediation.(iv)(iii) Permits for demolition.(v)(iv) Permits for minor or standard excavation and grading.(v) A permit or review listed by a public agency pursuant to paragraph (1) of subdivision (a).(B) A post-entitlement postentitlement phase permit does not include a permit required and issued by the California Coastal Commission, a special district, or a utility that is not owned and operated by a public agency, as defined in subdivision (k). agency.SEC. 2. The Legislature finds and declares that access to affordable housing is a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 1 of this act adding Section 65913.3 of the Government Code applies to all cities, counties, and cities and counties, including charter cities, counties, and cities and counties.SEC. 3. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
Amended IN Assembly March 29, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 2234Introduced by Assembly Members Robert Rivas and GraysonFebruary 15, 2022 An act to add Section 65913.3 to the Government Code, relating to planning and zoning.LEGISLATIVE COUNSEL'S DIGESTAB 2234, as amended, Robert Rivas. Planning and zoning: housing: post-entitlement postentitlement phase permits.(1) Existing law, the Permit Streamlining Act, which is part of the Planning and Zoning Law, 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 public agencies to approve or disapprove of a development project within certain specified timeframes. Existing law requires a city, county, or special district to provide specified information, including a current schedule of fees, exactions, and affordability requirements applicable to a proposed housing development project, and an archive of impact fee nexus studies, cost of service studies, or equivalent studies, conducted by the city, county, or special district, on its internet website.The Housing Accountability Act, among other things, prohibits a local agency from disapproving, or conditioning approval in a manner that renders infeasible, specified housing development projects, including projects for very low, low, or moderate-income households and projects for emergency shelters, that comply with applicable, objective general plan, zoning, and subdivision standards and criteria in effect at the time the application for the project is deemed complete, unless the local agency makes specified written findings supported by a preponderance of the evidence in the record. The act authorizes a project applicant, a person who would be eligible to apply for residency in the housing development or emergency shelter, or a housing organization to bring a lawsuit to enforce its provisions.This bill would require a public agency to create a list of information needed to approve or deny a post-entitlement postentitlement phase permit, as defined, to create an ideal application and ideal complete set of postentitlement phase permits, and to make that list those items available to all applicants for these permits no later than January 1, 2024. The bill would define public agency for these purposes to mean a city, county, or city and county. No later than January 1, 2024, 2024, except as specified, the bill would require a public agency to require permits to be applied for, completed, and stored through a process on its internet website, and to accept applications and related documentation by electronic mail until that internet website is established. The bill would require the internet website or electronic mail to list the current processing status of the applicants permit by the public agency, and would require that status to note whether it is being reviewed by the agency or action is required from the applicant.This bill would establish time limits for the approval or denial of a post-entitlement phase permit based on the number of units created by the residential development, determinations regarding whether an application for a postentitlement phase permit is complete, whether an application contains defects or deficiencies, and whether to approve or deny an application, as specified, and would make any failure to meet these time limits a violation of the Housing Accountability Act. The bill would require the public agency to determine and notify the applicant within seven business days if it has the capacity to approve or deny the permit within the time limits and to contract or employ a private entity or persons on a temporary basis to perform necessary services to approve or deny the permit, as prescribed. The bill would authorize a public agency that meets the specified time limits to receive priority for funding under state housing financing programs, and would define specified terms for its purposes. By imposing additional duties on local officials, the bill would impose a state-mandated local program.(2) The California Coastal Act of 1976 provides for the planning and regulation of development, under a coastal development permit process, within the coastal zone, as defined, that shall be based on various coastal resources planning and management policies set forth in the act.This bill would provide that the above provisions would not apply to permits required and issued by specified government agencies, including permits required and issued by the California Coastal Commission.(3) 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, counties, and cities and counties, including charter cities, counties, and cities and counties.(4) 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES
Amended IN Assembly March 29, 2022
Amended IN Assembly March 29, 2022
CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION
Assembly Bill
No. 2234
Introduced by Assembly Members Robert Rivas and GraysonFebruary 15, 2022
Introduced by Assembly Members Robert Rivas and Grayson
February 15, 2022
An act to add Section 65913.3 to the Government Code, relating to planning and zoning.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 2234, as amended, Robert Rivas. Planning and zoning: housing: post-entitlement postentitlement phase permits.
(1) Existing law, the Permit Streamlining Act, which is part of the Planning and Zoning Law, 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 public agencies to approve or disapprove of a development project within certain specified timeframes. Existing law requires a city, county, or special district to provide specified information, including a current schedule of fees, exactions, and affordability requirements applicable to a proposed housing development project, and an archive of impact fee nexus studies, cost of service studies, or equivalent studies, conducted by the city, county, or special district, on its internet website.The Housing Accountability Act, among other things, prohibits a local agency from disapproving, or conditioning approval in a manner that renders infeasible, specified housing development projects, including projects for very low, low, or moderate-income households and projects for emergency shelters, that comply with applicable, objective general plan, zoning, and subdivision standards and criteria in effect at the time the application for the project is deemed complete, unless the local agency makes specified written findings supported by a preponderance of the evidence in the record. The act authorizes a project applicant, a person who would be eligible to apply for residency in the housing development or emergency shelter, or a housing organization to bring a lawsuit to enforce its provisions.This bill would require a public agency to create a list of information needed to approve or deny a post-entitlement postentitlement phase permit, as defined, to create an ideal application and ideal complete set of postentitlement phase permits, and to make that list those items available to all applicants for these permits no later than January 1, 2024. The bill would define public agency for these purposes to mean a city, county, or city and county. No later than January 1, 2024, 2024, except as specified, the bill would require a public agency to require permits to be applied for, completed, and stored through a process on its internet website, and to accept applications and related documentation by electronic mail until that internet website is established. The bill would require the internet website or electronic mail to list the current processing status of the applicants permit by the public agency, and would require that status to note whether it is being reviewed by the agency or action is required from the applicant.This bill would establish time limits for the approval or denial of a post-entitlement phase permit based on the number of units created by the residential development, determinations regarding whether an application for a postentitlement phase permit is complete, whether an application contains defects or deficiencies, and whether to approve or deny an application, as specified, and would make any failure to meet these time limits a violation of the Housing Accountability Act. The bill would require the public agency to determine and notify the applicant within seven business days if it has the capacity to approve or deny the permit within the time limits and to contract or employ a private entity or persons on a temporary basis to perform necessary services to approve or deny the permit, as prescribed. The bill would authorize a public agency that meets the specified time limits to receive priority for funding under state housing financing programs, and would define specified terms for its purposes. By imposing additional duties on local officials, the bill would impose a state-mandated local program.(2) The California Coastal Act of 1976 provides for the planning and regulation of development, under a coastal development permit process, within the coastal zone, as defined, that shall be based on various coastal resources planning and management policies set forth in the act.This bill would provide that the above provisions would not apply to permits required and issued by specified government agencies, including permits required and issued by the California Coastal Commission.(3) 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, counties, and cities and counties, including charter cities, counties, and cities and counties.(4) 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.
(1) Existing law, the Permit Streamlining Act, which is part of the Planning and Zoning Law, 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 public agencies to approve or disapprove of a development project within certain specified timeframes. Existing law requires a city, county, or special district to provide specified information, including a current schedule of fees, exactions, and affordability requirements applicable to a proposed housing development project, and an archive of impact fee nexus studies, cost of service studies, or equivalent studies, conducted by the city, county, or special district, on its internet website.
The Housing Accountability Act, among other things, prohibits a local agency from disapproving, or conditioning approval in a manner that renders infeasible, specified housing development projects, including projects for very low, low, or moderate-income households and projects for emergency shelters, that comply with applicable, objective general plan, zoning, and subdivision standards and criteria in effect at the time the application for the project is deemed complete, unless the local agency makes specified written findings supported by a preponderance of the evidence in the record. The act authorizes a project applicant, a person who would be eligible to apply for residency in the housing development or emergency shelter, or a housing organization to bring a lawsuit to enforce its provisions.
This bill would require a public agency to create a list of information needed to approve or deny a post-entitlement postentitlement phase permit, as defined, to create an ideal application and ideal complete set of postentitlement phase permits, and to make that list those items available to all applicants for these permits no later than January 1, 2024. The bill would define public agency for these purposes to mean a city, county, or city and county. No later than January 1, 2024, 2024, except as specified, the bill would require a public agency to require permits to be applied for, completed, and stored through a process on its internet website, and to accept applications and related documentation by electronic mail until that internet website is established. The bill would require the internet website or electronic mail to list the current processing status of the applicants permit by the public agency, and would require that status to note whether it is being reviewed by the agency or action is required from the applicant.
This bill would establish time limits for the approval or denial of a post-entitlement phase permit based on the number of units created by the residential development, determinations regarding whether an application for a postentitlement phase permit is complete, whether an application contains defects or deficiencies, and whether to approve or deny an application, as specified, and would make any failure to meet these time limits a violation of the Housing Accountability Act. The bill would require the public agency to determine and notify the applicant within seven business days if it has the capacity to approve or deny the permit within the time limits and to contract or employ a private entity or persons on a temporary basis to perform necessary services to approve or deny the permit, as prescribed. The bill would authorize a public agency that meets the specified time limits to receive priority for funding under state housing financing programs, and would define specified terms for its purposes. By imposing additional duties on local officials, the bill would impose a state-mandated local program.
(2) The California Coastal Act of 1976 provides for the planning and regulation of development, under a coastal development permit process, within the coastal zone, as defined, that shall be based on various coastal resources planning and management policies set forth in the act.
This bill would provide that the above provisions would not apply to permits required and issued by specified government agencies, including permits required and issued by the California Coastal Commission.
(3) 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, counties, and cities and counties, including charter cities, counties, and cities and counties.
(4) 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.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 65913.3 is added to the Government Code, to read:65913.3. (a) A (1) A public agency shall compile one or more lists that shall specify in detail the information that will be required from any applicant for a post-entitlement postentitlement phase permit. The public agency may revise the lists of information required from an applicant. Any revised list shall not apply to any permit pending review and shall not directly or indirectly make the permit process take longer than the time periods set forth in this section. No later than January 1, 2024, the public agency shall make those lists available to applicants for permits under this section and to any person who requests that information.(2) A public agency shall create an ideal application and ideal complete set of postentitlement phase permits.(3) A public agency shall make the items required by paragraphs (1) and (2) available on the agencys internet website no later than January 1, 2024.(b) No (1) Except for public agencies described in paragraph (3), no later than January 1, 2024, a public agency shall require post-entitlement postentitlement phase permits to be applied for, completed, and stored through a publicly available process on its internet website. Until the(2) Until a public agency has established this the process required by paragraph (1) on its internet website, it shall accept applications for permits and any related documentation by electronic mail. The internet website or electronic mail shall list the current processing status of the applicants permit by the public agency. That status shall note whether it is being reviewed by the agency or action is required from the applicant.(3) A public agency for a city with a population of fewer than 100,000 is exempt from the requirements of paragraph (1).(c)(1)Once an applicant has submitted an application for a post-entitlement phase permit according to the requirements of subdivisions (a) and (b), the public agency shall determine and notify the applicant within seven business days whether or not it is able to approve or deny the permit within the time limits specified in subdivision (d). This seven business day period shall be included in the time limits specified in subdivision (d).(2)If the public agency determines that it is unable to complete the review and reach a determination on each step of the post-entitlement process within the prescribed time limits, the agency shall, upon request of the applicant, contract or employ a private entity or persons on a temporary basis to perform the services as is necessary to ensure that the agency meets those time limits. However, a public agency shall not be required to enter into any contract or employ any persons if it determines that entities or persons are unavailable or unqualified to perform those services or that the public agency would be able to perform services in a more rapid fashion than would any available and qualified entities or persons. Entities or persons employed by a public agency may perform, pursuant to an agreement with the public agency, all functions necessary to process post-entitlement phase permits by local ordinances adopted pursuant to this section.(d)(c) (1) For residential developments development with 25 units or fewer, a public agency shall complete the review, reach a determination on the application, each postentitlement phase permit requested, and immediately transmit that determination to the applicant by electronic mail and by posting the determination on its internet website in the manner prescribed in subdivision (b) not less later than 30 calendar days after the public agency has received all of the information in the lists required by subdivision (a) for processing of the post-entitlement each postentitlement phase permit. permit requested.(2) For residential developments with 26 units or more, a public agency shall complete the review, reach a determination on the application, each postentitlement phase permit requested, and immediately transmit that determination to the applicant by electronic mail and by posting the determination on its internet website in the manner prescribed in subdivision (b) not less later than 60 calendar days after the public agency has received all of the information in the lists required by subdivision (a) for processing of the post-entitlement each postentitlement phase permit. permit requested.(d) (1) (A) A public agency shall determine whether an application for a postentitlement phase permit is complete and provide written notice of this determination to the applicant not later than 15 calendar days after the public agency received the application.(B) If the public agency determines an application is incomplete, the public agency shall provide the applicant with a list of incomplete items and a description of how the application can be made complete. The list shall be limited to incomplete items that are included on the lists required by paragraph (1) of subdivision (a). The list and description shall be provided with the written notice required by subparagraph (A).(2) (A) An applicant may resubmit an application for a postentitlement phase permit after receiving a notice that the application was incomplete.(B) If an applicant resubmits an application pursuant to subparagraph (A), a public agency shall determine whether the resubmitted application is complete and provide written notice of this determination to the applicant not later than 15 calendar days after the public agency received the resubmitted application. If the public agency determines that the resubmitted application is incomplete, it shall provide the application with the information required by subparagraph (B) of paragraph (1) in the manner required by that subparagraph.(C) In the review of an application resubmitted pursuant to subparagraph (A), the public agency shall not require the application to include an item that was not included in the list required by subparagraph (B) of paragraph (1).(3) If a public agency does not make a timely determination as required by paragraph (1) or (2) and the application or resubmitted application states that it is for a postentitlement phase permit, the application or resubmitted application shall be deemed to be complete for the purposes of this chapter.(e) The time limits specified in this section for approving or denying a post-entitlement phase permit may be extended by mutual consent of the applicant and the public agency required to act. However, a public agency shall not require a routine waiver of time limits as a condition of accepting the application for, or processing of a post-entitlement phase permit, unless the routine waiver is obtained for the purpose of permitting concurrent processing of related approvals or an environmental review on the same residential development project. (1) (A) If a public agency denies a postentitlement phase permit application based on a defect or deficiency other than incompleteness of the application, the public agency shall provide the applicant with a list of items that are defective or deficient and a description of how the application can be remedied.(B) The public agency shall provide the list and description required by subparagraph (A) when it transmits its determination to the applicant as required by subdivision (c).(C) If a public agency denies a postentitlement phase permit application based on a defect or deficiency other than incompleteness of the application, the applicant may attempt to remedy the defect or deficiency and resubmit the application to the public agency.(2) (A) If a public agency receives a resubmitted postentitlement phase permit application authorized by paragraph (1) for a residential development with 25 units or fewer, the public agency shall complete the review, reach a determination on the application, and transmit that determination to the applicant by email and by posting the determination on its internet website in the manner prescribed in subdivision (b) not less than 15 calendar days after the public agency has received all of the information in the lists required by subdivision (a) for processing the resubmitted application.(B) If a public agency denies a resubmitted postentitlement phase permit application based on a defect or deficiency other than incompleteness of the application, the public agency shall provide the applicant with a list of items that are defective or deficient and a description of how the application can be remedied.(C) The public agency shall provide the list and description required by subparagraph (B) when it transmits its determination to the applicant as required by subparagraph (A).(3) (A) If a public agency receives a resubmitted postentitlement phase permit application authorized by paragraph (1) for a residential development with 26 units or more, the public agency shall complete the review, reach a determination on the application, and transmit that determination to the applicant by email and by posting the determination on its internet website in the manner prescribed in subdivision (b) not less than 30 calendar days after the public agency has received all of the information in the lists required by subdivision (a) for processing the resubmitted application.(B) If a public agency denies a resubmitted postentitlement phase permit application based on a defect or deficiency other than incompleteness of the application, the public agency shall provide the applicant with a list of items that are defective or deficient and a description of how the application can be remedied.(C) The public agency shall provide the list and description required by subparagraph (B) when it transmits its determination to the applicant as required by subparagraph (A).(4) If a public agency denies a resubmitted postentitlement phase permit application under paragraph (2) or (3) based on a defect or deficiency in the resubmitted application other than incompleteness of the application, the applicant may attempt to remedy the defect or deficiency and resubmit the application to the public agency. An application resubmitted pursuant to this paragraph shall be subject to the timeline and requirements provided by paragraph (2) or (3), as applicable.(f)(g) (1) If the post-entitlement a postentitlement phase permit is denied, determined to be incomplete under subdivision (d) or denied under subdivision (e) or (f), the public agency shall provide a process for the 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. A city or county shall provide that the right of appeal is to the governing body or, at their option, the planning commission, or both.(2) (A) With respect to a post-entitlement postentitlement phase permit concerning residential developments with 25 units or fewer, a public agency on the appeal shall provide a final written determination by not later than 60 calendar days after receipt of the applicants written appeal. The fact that an appeal is permitted to both the planning commission and to the governing body does not extend the 60-day period. If the final written determination on the appeal is not made within that 60-day period, the public agency shall be in violation of Section 65589.5.(B) With respect to a post-entitlement postentitlement phase permit concerning residential developments with 26 units or more, a public agency on the appeal shall provide a final written determination by not later than 90 calendar days after receipt of the applicants written appeal. The fact that an appeal is permitted to both the planning commission and to the governing body does not extend the 90-day period. If the final written determination on the appeal is not made within that 90-day period, the public agency shall be in violation of Section 65589.5.(g)(h) If a public agency fails to meet the time limits in this section, it shall be in violation of Section 65589.5.(h)A public agency that meets the deadlines in this section shall receive priority for funding under state housing finance programs.(i) This section does not place limitations on the amount of feedback that a public agency may provide.(j) For residential or residential mixed-use developments that are subject to the requirements set forth in Section 65913.4, the provisions of paragraph (2) of subdivision (h) of Section 65913.4 shall apply. Permits for these developments that are subject to paragraph (2) of subdivision (h) of Section 65913.4 shall not be in conflict with the requirements of this section. The public agency shall comply with both sets of standards.(k) This section does not preclude an applicant and a public agency from mutually agreeing to an extension of any time limit provided by this section. However, a public agency shall not require a routine waiver of time limits as a condition of accepting the application for, or processing of, a postentitlement phase permit, unless the routine waiver is obtained for the purpose of permitting concurrent processing of related approvals or an environmental review on the same residential development project.(k) (l) For purposes of this section, the following definitions apply:(1) Public agency means any county, city, or city and county.(2) (A) Post-entitlement Postentitlement phase permit includes all nondiscretionary permits and reviews filed after the discretionary entitlement process has been completed that are required or issued by the public agency to begin residential or residential mixed-use development, a development that is intended to be at least two-thirds residential, excluding planning permits, entitlements, and other permits and reviews that are covered under Chapter 4.5 (commencing with Section 65920). A post-entitlement postentitlement phase permit includes, but is not limited to, all of the following:(i) Building permits, and all inter-departmental review required for the issuance of a building permit.(ii) Permits for an minor or standard off-site improvement. improvements.(iii)Permits for site remediation.(iv)(iii) Permits for demolition.(v)(iv) Permits for minor or standard excavation and grading.(v) A permit or review listed by a public agency pursuant to paragraph (1) of subdivision (a).(B) A post-entitlement postentitlement phase permit does not include a permit required and issued by the California Coastal Commission, a special district, or a utility that is not owned and operated by a public agency, as defined in subdivision (k). agency.SEC. 2. The Legislature finds and declares that access to affordable housing is a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 1 of this act adding Section 65913.3 of the Government Code applies to all cities, counties, and cities and counties, including charter cities, counties, and cities and counties.SEC. 3. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 65913.3 is added to the Government Code, to read:65913.3. (a) A (1) A public agency shall compile one or more lists that shall specify in detail the information that will be required from any applicant for a post-entitlement postentitlement phase permit. The public agency may revise the lists of information required from an applicant. Any revised list shall not apply to any permit pending review and shall not directly or indirectly make the permit process take longer than the time periods set forth in this section. No later than January 1, 2024, the public agency shall make those lists available to applicants for permits under this section and to any person who requests that information.(2) A public agency shall create an ideal application and ideal complete set of postentitlement phase permits.(3) A public agency shall make the items required by paragraphs (1) and (2) available on the agencys internet website no later than January 1, 2024.(b) No (1) Except for public agencies described in paragraph (3), no later than January 1, 2024, a public agency shall require post-entitlement postentitlement phase permits to be applied for, completed, and stored through a publicly available process on its internet website. Until the(2) Until a public agency has established this the process required by paragraph (1) on its internet website, it shall accept applications for permits and any related documentation by electronic mail. The internet website or electronic mail shall list the current processing status of the applicants permit by the public agency. That status shall note whether it is being reviewed by the agency or action is required from the applicant.(3) A public agency for a city with a population of fewer than 100,000 is exempt from the requirements of paragraph (1).(c)(1)Once an applicant has submitted an application for a post-entitlement phase permit according to the requirements of subdivisions (a) and (b), the public agency shall determine and notify the applicant within seven business days whether or not it is able to approve or deny the permit within the time limits specified in subdivision (d). This seven business day period shall be included in the time limits specified in subdivision (d).(2)If the public agency determines that it is unable to complete the review and reach a determination on each step of the post-entitlement process within the prescribed time limits, the agency shall, upon request of the applicant, contract or employ a private entity or persons on a temporary basis to perform the services as is necessary to ensure that the agency meets those time limits. However, a public agency shall not be required to enter into any contract or employ any persons if it determines that entities or persons are unavailable or unqualified to perform those services or that the public agency would be able to perform services in a more rapid fashion than would any available and qualified entities or persons. Entities or persons employed by a public agency may perform, pursuant to an agreement with the public agency, all functions necessary to process post-entitlement phase permits by local ordinances adopted pursuant to this section.(d)(c) (1) For residential developments development with 25 units or fewer, a public agency shall complete the review, reach a determination on the application, each postentitlement phase permit requested, and immediately transmit that determination to the applicant by electronic mail and by posting the determination on its internet website in the manner prescribed in subdivision (b) not less later than 30 calendar days after the public agency has received all of the information in the lists required by subdivision (a) for processing of the post-entitlement each postentitlement phase permit. permit requested.(2) For residential developments with 26 units or more, a public agency shall complete the review, reach a determination on the application, each postentitlement phase permit requested, and immediately transmit that determination to the applicant by electronic mail and by posting the determination on its internet website in the manner prescribed in subdivision (b) not less later than 60 calendar days after the public agency has received all of the information in the lists required by subdivision (a) for processing of the post-entitlement each postentitlement phase permit. permit requested.(d) (1) (A) A public agency shall determine whether an application for a postentitlement phase permit is complete and provide written notice of this determination to the applicant not later than 15 calendar days after the public agency received the application.(B) If the public agency determines an application is incomplete, the public agency shall provide the applicant with a list of incomplete items and a description of how the application can be made complete. The list shall be limited to incomplete items that are included on the lists required by paragraph (1) of subdivision (a). The list and description shall be provided with the written notice required by subparagraph (A).(2) (A) An applicant may resubmit an application for a postentitlement phase permit after receiving a notice that the application was incomplete.(B) If an applicant resubmits an application pursuant to subparagraph (A), a public agency shall determine whether the resubmitted application is complete and provide written notice of this determination to the applicant not later than 15 calendar days after the public agency received the resubmitted application. If the public agency determines that the resubmitted application is incomplete, it shall provide the application with the information required by subparagraph (B) of paragraph (1) in the manner required by that subparagraph.(C) In the review of an application resubmitted pursuant to subparagraph (A), the public agency shall not require the application to include an item that was not included in the list required by subparagraph (B) of paragraph (1).(3) If a public agency does not make a timely determination as required by paragraph (1) or (2) and the application or resubmitted application states that it is for a postentitlement phase permit, the application or resubmitted application shall be deemed to be complete for the purposes of this chapter.(e) The time limits specified in this section for approving or denying a post-entitlement phase permit may be extended by mutual consent of the applicant and the public agency required to act. However, a public agency shall not require a routine waiver of time limits as a condition of accepting the application for, or processing of a post-entitlement phase permit, unless the routine waiver is obtained for the purpose of permitting concurrent processing of related approvals or an environmental review on the same residential development project. (1) (A) If a public agency denies a postentitlement phase permit application based on a defect or deficiency other than incompleteness of the application, the public agency shall provide the applicant with a list of items that are defective or deficient and a description of how the application can be remedied.(B) The public agency shall provide the list and description required by subparagraph (A) when it transmits its determination to the applicant as required by subdivision (c).(C) If a public agency denies a postentitlement phase permit application based on a defect or deficiency other than incompleteness of the application, the applicant may attempt to remedy the defect or deficiency and resubmit the application to the public agency.(2) (A) If a public agency receives a resubmitted postentitlement phase permit application authorized by paragraph (1) for a residential development with 25 units or fewer, the public agency shall complete the review, reach a determination on the application, and transmit that determination to the applicant by email and by posting the determination on its internet website in the manner prescribed in subdivision (b) not less than 15 calendar days after the public agency has received all of the information in the lists required by subdivision (a) for processing the resubmitted application.(B) If a public agency denies a resubmitted postentitlement phase permit application based on a defect or deficiency other than incompleteness of the application, the public agency shall provide the applicant with a list of items that are defective or deficient and a description of how the application can be remedied.(C) The public agency shall provide the list and description required by subparagraph (B) when it transmits its determination to the applicant as required by subparagraph (A).(3) (A) If a public agency receives a resubmitted postentitlement phase permit application authorized by paragraph (1) for a residential development with 26 units or more, the public agency shall complete the review, reach a determination on the application, and transmit that determination to the applicant by email and by posting the determination on its internet website in the manner prescribed in subdivision (b) not less than 30 calendar days after the public agency has received all of the information in the lists required by subdivision (a) for processing the resubmitted application.(B) If a public agency denies a resubmitted postentitlement phase permit application based on a defect or deficiency other than incompleteness of the application, the public agency shall provide the applicant with a list of items that are defective or deficient and a description of how the application can be remedied.(C) The public agency shall provide the list and description required by subparagraph (B) when it transmits its determination to the applicant as required by subparagraph (A).(4) If a public agency denies a resubmitted postentitlement phase permit application under paragraph (2) or (3) based on a defect or deficiency in the resubmitted application other than incompleteness of the application, the applicant may attempt to remedy the defect or deficiency and resubmit the application to the public agency. An application resubmitted pursuant to this paragraph shall be subject to the timeline and requirements provided by paragraph (2) or (3), as applicable.(f)(g) (1) If the post-entitlement a postentitlement phase permit is denied, determined to be incomplete under subdivision (d) or denied under subdivision (e) or (f), the public agency shall provide a process for the 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. A city or county shall provide that the right of appeal is to the governing body or, at their option, the planning commission, or both.(2) (A) With respect to a post-entitlement postentitlement phase permit concerning residential developments with 25 units or fewer, a public agency on the appeal shall provide a final written determination by not later than 60 calendar days after receipt of the applicants written appeal. The fact that an appeal is permitted to both the planning commission and to the governing body does not extend the 60-day period. If the final written determination on the appeal is not made within that 60-day period, the public agency shall be in violation of Section 65589.5.(B) With respect to a post-entitlement postentitlement phase permit concerning residential developments with 26 units or more, a public agency on the appeal shall provide a final written determination by not later than 90 calendar days after receipt of the applicants written appeal. The fact that an appeal is permitted to both the planning commission and to the governing body does not extend the 90-day period. If the final written determination on the appeal is not made within that 90-day period, the public agency shall be in violation of Section 65589.5.(g)(h) If a public agency fails to meet the time limits in this section, it shall be in violation of Section 65589.5.(h)A public agency that meets the deadlines in this section shall receive priority for funding under state housing finance programs.(i) This section does not place limitations on the amount of feedback that a public agency may provide.(j) For residential or residential mixed-use developments that are subject to the requirements set forth in Section 65913.4, the provisions of paragraph (2) of subdivision (h) of Section 65913.4 shall apply. Permits for these developments that are subject to paragraph (2) of subdivision (h) of Section 65913.4 shall not be in conflict with the requirements of this section. The public agency shall comply with both sets of standards.(k) This section does not preclude an applicant and a public agency from mutually agreeing to an extension of any time limit provided by this section. However, a public agency shall not require a routine waiver of time limits as a condition of accepting the application for, or processing of, a postentitlement phase permit, unless the routine waiver is obtained for the purpose of permitting concurrent processing of related approvals or an environmental review on the same residential development project.(k) (l) For purposes of this section, the following definitions apply:(1) Public agency means any county, city, or city and county.(2) (A) Post-entitlement Postentitlement phase permit includes all nondiscretionary permits and reviews filed after the discretionary entitlement process has been completed that are required or issued by the public agency to begin residential or residential mixed-use development, a development that is intended to be at least two-thirds residential, excluding planning permits, entitlements, and other permits and reviews that are covered under Chapter 4.5 (commencing with Section 65920). A post-entitlement postentitlement phase permit includes, but is not limited to, all of the following:(i) Building permits, and all inter-departmental review required for the issuance of a building permit.(ii) Permits for an minor or standard off-site improvement. improvements.(iii)Permits for site remediation.(iv)(iii) Permits for demolition.(v)(iv) Permits for minor or standard excavation and grading.(v) A permit or review listed by a public agency pursuant to paragraph (1) of subdivision (a).(B) A post-entitlement postentitlement phase permit does not include a permit required and issued by the California Coastal Commission, a special district, or a utility that is not owned and operated by a public agency, as defined in subdivision (k). agency.
SECTION 1. Section 65913.3 is added to the Government Code, to read:
### SECTION 1.
65913.3. (a) A (1) A public agency shall compile one or more lists that shall specify in detail the information that will be required from any applicant for a post-entitlement postentitlement phase permit. The public agency may revise the lists of information required from an applicant. Any revised list shall not apply to any permit pending review and shall not directly or indirectly make the permit process take longer than the time periods set forth in this section. No later than January 1, 2024, the public agency shall make those lists available to applicants for permits under this section and to any person who requests that information.(2) A public agency shall create an ideal application and ideal complete set of postentitlement phase permits.(3) A public agency shall make the items required by paragraphs (1) and (2) available on the agencys internet website no later than January 1, 2024.(b) No (1) Except for public agencies described in paragraph (3), no later than January 1, 2024, a public agency shall require post-entitlement postentitlement phase permits to be applied for, completed, and stored through a publicly available process on its internet website. Until the(2) Until a public agency has established this the process required by paragraph (1) on its internet website, it shall accept applications for permits and any related documentation by electronic mail. The internet website or electronic mail shall list the current processing status of the applicants permit by the public agency. That status shall note whether it is being reviewed by the agency or action is required from the applicant.(3) A public agency for a city with a population of fewer than 100,000 is exempt from the requirements of paragraph (1).(c)(1)Once an applicant has submitted an application for a post-entitlement phase permit according to the requirements of subdivisions (a) and (b), the public agency shall determine and notify the applicant within seven business days whether or not it is able to approve or deny the permit within the time limits specified in subdivision (d). This seven business day period shall be included in the time limits specified in subdivision (d).(2)If the public agency determines that it is unable to complete the review and reach a determination on each step of the post-entitlement process within the prescribed time limits, the agency shall, upon request of the applicant, contract or employ a private entity or persons on a temporary basis to perform the services as is necessary to ensure that the agency meets those time limits. However, a public agency shall not be required to enter into any contract or employ any persons if it determines that entities or persons are unavailable or unqualified to perform those services or that the public agency would be able to perform services in a more rapid fashion than would any available and qualified entities or persons. Entities or persons employed by a public agency may perform, pursuant to an agreement with the public agency, all functions necessary to process post-entitlement phase permits by local ordinances adopted pursuant to this section.(d)(c) (1) For residential developments development with 25 units or fewer, a public agency shall complete the review, reach a determination on the application, each postentitlement phase permit requested, and immediately transmit that determination to the applicant by electronic mail and by posting the determination on its internet website in the manner prescribed in subdivision (b) not less later than 30 calendar days after the public agency has received all of the information in the lists required by subdivision (a) for processing of the post-entitlement each postentitlement phase permit. permit requested.(2) For residential developments with 26 units or more, a public agency shall complete the review, reach a determination on the application, each postentitlement phase permit requested, and immediately transmit that determination to the applicant by electronic mail and by posting the determination on its internet website in the manner prescribed in subdivision (b) not less later than 60 calendar days after the public agency has received all of the information in the lists required by subdivision (a) for processing of the post-entitlement each postentitlement phase permit. permit requested.(d) (1) (A) A public agency shall determine whether an application for a postentitlement phase permit is complete and provide written notice of this determination to the applicant not later than 15 calendar days after the public agency received the application.(B) If the public agency determines an application is incomplete, the public agency shall provide the applicant with a list of incomplete items and a description of how the application can be made complete. The list shall be limited to incomplete items that are included on the lists required by paragraph (1) of subdivision (a). The list and description shall be provided with the written notice required by subparagraph (A).(2) (A) An applicant may resubmit an application for a postentitlement phase permit after receiving a notice that the application was incomplete.(B) If an applicant resubmits an application pursuant to subparagraph (A), a public agency shall determine whether the resubmitted application is complete and provide written notice of this determination to the applicant not later than 15 calendar days after the public agency received the resubmitted application. If the public agency determines that the resubmitted application is incomplete, it shall provide the application with the information required by subparagraph (B) of paragraph (1) in the manner required by that subparagraph.(C) In the review of an application resubmitted pursuant to subparagraph (A), the public agency shall not require the application to include an item that was not included in the list required by subparagraph (B) of paragraph (1).(3) If a public agency does not make a timely determination as required by paragraph (1) or (2) and the application or resubmitted application states that it is for a postentitlement phase permit, the application or resubmitted application shall be deemed to be complete for the purposes of this chapter.(e) The time limits specified in this section for approving or denying a post-entitlement phase permit may be extended by mutual consent of the applicant and the public agency required to act. However, a public agency shall not require a routine waiver of time limits as a condition of accepting the application for, or processing of a post-entitlement phase permit, unless the routine waiver is obtained for the purpose of permitting concurrent processing of related approvals or an environmental review on the same residential development project. (1) (A) If a public agency denies a postentitlement phase permit application based on a defect or deficiency other than incompleteness of the application, the public agency shall provide the applicant with a list of items that are defective or deficient and a description of how the application can be remedied.(B) The public agency shall provide the list and description required by subparagraph (A) when it transmits its determination to the applicant as required by subdivision (c).(C) If a public agency denies a postentitlement phase permit application based on a defect or deficiency other than incompleteness of the application, the applicant may attempt to remedy the defect or deficiency and resubmit the application to the public agency.(2) (A) If a public agency receives a resubmitted postentitlement phase permit application authorized by paragraph (1) for a residential development with 25 units or fewer, the public agency shall complete the review, reach a determination on the application, and transmit that determination to the applicant by email and by posting the determination on its internet website in the manner prescribed in subdivision (b) not less than 15 calendar days after the public agency has received all of the information in the lists required by subdivision (a) for processing the resubmitted application.(B) If a public agency denies a resubmitted postentitlement phase permit application based on a defect or deficiency other than incompleteness of the application, the public agency shall provide the applicant with a list of items that are defective or deficient and a description of how the application can be remedied.(C) The public agency shall provide the list and description required by subparagraph (B) when it transmits its determination to the applicant as required by subparagraph (A).(3) (A) If a public agency receives a resubmitted postentitlement phase permit application authorized by paragraph (1) for a residential development with 26 units or more, the public agency shall complete the review, reach a determination on the application, and transmit that determination to the applicant by email and by posting the determination on its internet website in the manner prescribed in subdivision (b) not less than 30 calendar days after the public agency has received all of the information in the lists required by subdivision (a) for processing the resubmitted application.(B) If a public agency denies a resubmitted postentitlement phase permit application based on a defect or deficiency other than incompleteness of the application, the public agency shall provide the applicant with a list of items that are defective or deficient and a description of how the application can be remedied.(C) The public agency shall provide the list and description required by subparagraph (B) when it transmits its determination to the applicant as required by subparagraph (A).(4) If a public agency denies a resubmitted postentitlement phase permit application under paragraph (2) or (3) based on a defect or deficiency in the resubmitted application other than incompleteness of the application, the applicant may attempt to remedy the defect or deficiency and resubmit the application to the public agency. An application resubmitted pursuant to this paragraph shall be subject to the timeline and requirements provided by paragraph (2) or (3), as applicable.(f)(g) (1) If the post-entitlement a postentitlement phase permit is denied, determined to be incomplete under subdivision (d) or denied under subdivision (e) or (f), the public agency shall provide a process for the 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. A city or county shall provide that the right of appeal is to the governing body or, at their option, the planning commission, or both.(2) (A) With respect to a post-entitlement postentitlement phase permit concerning residential developments with 25 units or fewer, a public agency on the appeal shall provide a final written determination by not later than 60 calendar days after receipt of the applicants written appeal. The fact that an appeal is permitted to both the planning commission and to the governing body does not extend the 60-day period. If the final written determination on the appeal is not made within that 60-day period, the public agency shall be in violation of Section 65589.5.(B) With respect to a post-entitlement postentitlement phase permit concerning residential developments with 26 units or more, a public agency on the appeal shall provide a final written determination by not later than 90 calendar days after receipt of the applicants written appeal. The fact that an appeal is permitted to both the planning commission and to the governing body does not extend the 90-day period. If the final written determination on the appeal is not made within that 90-day period, the public agency shall be in violation of Section 65589.5.(g)(h) If a public agency fails to meet the time limits in this section, it shall be in violation of Section 65589.5.(h)A public agency that meets the deadlines in this section shall receive priority for funding under state housing finance programs.(i) This section does not place limitations on the amount of feedback that a public agency may provide.(j) For residential or residential mixed-use developments that are subject to the requirements set forth in Section 65913.4, the provisions of paragraph (2) of subdivision (h) of Section 65913.4 shall apply. Permits for these developments that are subject to paragraph (2) of subdivision (h) of Section 65913.4 shall not be in conflict with the requirements of this section. The public agency shall comply with both sets of standards.(k) This section does not preclude an applicant and a public agency from mutually agreeing to an extension of any time limit provided by this section. However, a public agency shall not require a routine waiver of time limits as a condition of accepting the application for, or processing of, a postentitlement phase permit, unless the routine waiver is obtained for the purpose of permitting concurrent processing of related approvals or an environmental review on the same residential development project.(k) (l) For purposes of this section, the following definitions apply:(1) Public agency means any county, city, or city and county.(2) (A) Post-entitlement Postentitlement phase permit includes all nondiscretionary permits and reviews filed after the discretionary entitlement process has been completed that are required or issued by the public agency to begin residential or residential mixed-use development, a development that is intended to be at least two-thirds residential, excluding planning permits, entitlements, and other permits and reviews that are covered under Chapter 4.5 (commencing with Section 65920). A post-entitlement postentitlement phase permit includes, but is not limited to, all of the following:(i) Building permits, and all inter-departmental review required for the issuance of a building permit.(ii) Permits for an minor or standard off-site improvement. improvements.(iii)Permits for site remediation.(iv)(iii) Permits for demolition.(v)(iv) Permits for minor or standard excavation and grading.(v) A permit or review listed by a public agency pursuant to paragraph (1) of subdivision (a).(B) A post-entitlement postentitlement phase permit does not include a permit required and issued by the California Coastal Commission, a special district, or a utility that is not owned and operated by a public agency, as defined in subdivision (k). agency.
65913.3. (a) A (1) A public agency shall compile one or more lists that shall specify in detail the information that will be required from any applicant for a post-entitlement postentitlement phase permit. The public agency may revise the lists of information required from an applicant. Any revised list shall not apply to any permit pending review and shall not directly or indirectly make the permit process take longer than the time periods set forth in this section. No later than January 1, 2024, the public agency shall make those lists available to applicants for permits under this section and to any person who requests that information.(2) A public agency shall create an ideal application and ideal complete set of postentitlement phase permits.(3) A public agency shall make the items required by paragraphs (1) and (2) available on the agencys internet website no later than January 1, 2024.(b) No (1) Except for public agencies described in paragraph (3), no later than January 1, 2024, a public agency shall require post-entitlement postentitlement phase permits to be applied for, completed, and stored through a publicly available process on its internet website. Until the(2) Until a public agency has established this the process required by paragraph (1) on its internet website, it shall accept applications for permits and any related documentation by electronic mail. The internet website or electronic mail shall list the current processing status of the applicants permit by the public agency. That status shall note whether it is being reviewed by the agency or action is required from the applicant.(3) A public agency for a city with a population of fewer than 100,000 is exempt from the requirements of paragraph (1).(c)(1)Once an applicant has submitted an application for a post-entitlement phase permit according to the requirements of subdivisions (a) and (b), the public agency shall determine and notify the applicant within seven business days whether or not it is able to approve or deny the permit within the time limits specified in subdivision (d). This seven business day period shall be included in the time limits specified in subdivision (d).(2)If the public agency determines that it is unable to complete the review and reach a determination on each step of the post-entitlement process within the prescribed time limits, the agency shall, upon request of the applicant, contract or employ a private entity or persons on a temporary basis to perform the services as is necessary to ensure that the agency meets those time limits. However, a public agency shall not be required to enter into any contract or employ any persons if it determines that entities or persons are unavailable or unqualified to perform those services or that the public agency would be able to perform services in a more rapid fashion than would any available and qualified entities or persons. Entities or persons employed by a public agency may perform, pursuant to an agreement with the public agency, all functions necessary to process post-entitlement phase permits by local ordinances adopted pursuant to this section.(d)(c) (1) For residential developments development with 25 units or fewer, a public agency shall complete the review, reach a determination on the application, each postentitlement phase permit requested, and immediately transmit that determination to the applicant by electronic mail and by posting the determination on its internet website in the manner prescribed in subdivision (b) not less later than 30 calendar days after the public agency has received all of the information in the lists required by subdivision (a) for processing of the post-entitlement each postentitlement phase permit. permit requested.(2) For residential developments with 26 units or more, a public agency shall complete the review, reach a determination on the application, each postentitlement phase permit requested, and immediately transmit that determination to the applicant by electronic mail and by posting the determination on its internet website in the manner prescribed in subdivision (b) not less later than 60 calendar days after the public agency has received all of the information in the lists required by subdivision (a) for processing of the post-entitlement each postentitlement phase permit. permit requested.(d) (1) (A) A public agency shall determine whether an application for a postentitlement phase permit is complete and provide written notice of this determination to the applicant not later than 15 calendar days after the public agency received the application.(B) If the public agency determines an application is incomplete, the public agency shall provide the applicant with a list of incomplete items and a description of how the application can be made complete. The list shall be limited to incomplete items that are included on the lists required by paragraph (1) of subdivision (a). The list and description shall be provided with the written notice required by subparagraph (A).(2) (A) An applicant may resubmit an application for a postentitlement phase permit after receiving a notice that the application was incomplete.(B) If an applicant resubmits an application pursuant to subparagraph (A), a public agency shall determine whether the resubmitted application is complete and provide written notice of this determination to the applicant not later than 15 calendar days after the public agency received the resubmitted application. If the public agency determines that the resubmitted application is incomplete, it shall provide the application with the information required by subparagraph (B) of paragraph (1) in the manner required by that subparagraph.(C) In the review of an application resubmitted pursuant to subparagraph (A), the public agency shall not require the application to include an item that was not included in the list required by subparagraph (B) of paragraph (1).(3) If a public agency does not make a timely determination as required by paragraph (1) or (2) and the application or resubmitted application states that it is for a postentitlement phase permit, the application or resubmitted application shall be deemed to be complete for the purposes of this chapter.(e) The time limits specified in this section for approving or denying a post-entitlement phase permit may be extended by mutual consent of the applicant and the public agency required to act. However, a public agency shall not require a routine waiver of time limits as a condition of accepting the application for, or processing of a post-entitlement phase permit, unless the routine waiver is obtained for the purpose of permitting concurrent processing of related approvals or an environmental review on the same residential development project. (1) (A) If a public agency denies a postentitlement phase permit application based on a defect or deficiency other than incompleteness of the application, the public agency shall provide the applicant with a list of items that are defective or deficient and a description of how the application can be remedied.(B) The public agency shall provide the list and description required by subparagraph (A) when it transmits its determination to the applicant as required by subdivision (c).(C) If a public agency denies a postentitlement phase permit application based on a defect or deficiency other than incompleteness of the application, the applicant may attempt to remedy the defect or deficiency and resubmit the application to the public agency.(2) (A) If a public agency receives a resubmitted postentitlement phase permit application authorized by paragraph (1) for a residential development with 25 units or fewer, the public agency shall complete the review, reach a determination on the application, and transmit that determination to the applicant by email and by posting the determination on its internet website in the manner prescribed in subdivision (b) not less than 15 calendar days after the public agency has received all of the information in the lists required by subdivision (a) for processing the resubmitted application.(B) If a public agency denies a resubmitted postentitlement phase permit application based on a defect or deficiency other than incompleteness of the application, the public agency shall provide the applicant with a list of items that are defective or deficient and a description of how the application can be remedied.(C) The public agency shall provide the list and description required by subparagraph (B) when it transmits its determination to the applicant as required by subparagraph (A).(3) (A) If a public agency receives a resubmitted postentitlement phase permit application authorized by paragraph (1) for a residential development with 26 units or more, the public agency shall complete the review, reach a determination on the application, and transmit that determination to the applicant by email and by posting the determination on its internet website in the manner prescribed in subdivision (b) not less than 30 calendar days after the public agency has received all of the information in the lists required by subdivision (a) for processing the resubmitted application.(B) If a public agency denies a resubmitted postentitlement phase permit application based on a defect or deficiency other than incompleteness of the application, the public agency shall provide the applicant with a list of items that are defective or deficient and a description of how the application can be remedied.(C) The public agency shall provide the list and description required by subparagraph (B) when it transmits its determination to the applicant as required by subparagraph (A).(4) If a public agency denies a resubmitted postentitlement phase permit application under paragraph (2) or (3) based on a defect or deficiency in the resubmitted application other than incompleteness of the application, the applicant may attempt to remedy the defect or deficiency and resubmit the application to the public agency. An application resubmitted pursuant to this paragraph shall be subject to the timeline and requirements provided by paragraph (2) or (3), as applicable.(f)(g) (1) If the post-entitlement a postentitlement phase permit is denied, determined to be incomplete under subdivision (d) or denied under subdivision (e) or (f), the public agency shall provide a process for the 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. A city or county shall provide that the right of appeal is to the governing body or, at their option, the planning commission, or both.(2) (A) With respect to a post-entitlement postentitlement phase permit concerning residential developments with 25 units or fewer, a public agency on the appeal shall provide a final written determination by not later than 60 calendar days after receipt of the applicants written appeal. The fact that an appeal is permitted to both the planning commission and to the governing body does not extend the 60-day period. If the final written determination on the appeal is not made within that 60-day period, the public agency shall be in violation of Section 65589.5.(B) With respect to a post-entitlement postentitlement phase permit concerning residential developments with 26 units or more, a public agency on the appeal shall provide a final written determination by not later than 90 calendar days after receipt of the applicants written appeal. The fact that an appeal is permitted to both the planning commission and to the governing body does not extend the 90-day period. If the final written determination on the appeal is not made within that 90-day period, the public agency shall be in violation of Section 65589.5.(g)(h) If a public agency fails to meet the time limits in this section, it shall be in violation of Section 65589.5.(h)A public agency that meets the deadlines in this section shall receive priority for funding under state housing finance programs.(i) This section does not place limitations on the amount of feedback that a public agency may provide.(j) For residential or residential mixed-use developments that are subject to the requirements set forth in Section 65913.4, the provisions of paragraph (2) of subdivision (h) of Section 65913.4 shall apply. Permits for these developments that are subject to paragraph (2) of subdivision (h) of Section 65913.4 shall not be in conflict with the requirements of this section. The public agency shall comply with both sets of standards.(k) This section does not preclude an applicant and a public agency from mutually agreeing to an extension of any time limit provided by this section. However, a public agency shall not require a routine waiver of time limits as a condition of accepting the application for, or processing of, a postentitlement phase permit, unless the routine waiver is obtained for the purpose of permitting concurrent processing of related approvals or an environmental review on the same residential development project.(k) (l) For purposes of this section, the following definitions apply:(1) Public agency means any county, city, or city and county.(2) (A) Post-entitlement Postentitlement phase permit includes all nondiscretionary permits and reviews filed after the discretionary entitlement process has been completed that are required or issued by the public agency to begin residential or residential mixed-use development, a development that is intended to be at least two-thirds residential, excluding planning permits, entitlements, and other permits and reviews that are covered under Chapter 4.5 (commencing with Section 65920). A post-entitlement postentitlement phase permit includes, but is not limited to, all of the following:(i) Building permits, and all inter-departmental review required for the issuance of a building permit.(ii) Permits for an minor or standard off-site improvement. improvements.(iii)Permits for site remediation.(iv)(iii) Permits for demolition.(v)(iv) Permits for minor or standard excavation and grading.(v) A permit or review listed by a public agency pursuant to paragraph (1) of subdivision (a).(B) A post-entitlement postentitlement phase permit does not include a permit required and issued by the California Coastal Commission, a special district, or a utility that is not owned and operated by a public agency, as defined in subdivision (k). agency.
65913.3. (a) A (1) A public agency shall compile one or more lists that shall specify in detail the information that will be required from any applicant for a post-entitlement postentitlement phase permit. The public agency may revise the lists of information required from an applicant. Any revised list shall not apply to any permit pending review and shall not directly or indirectly make the permit process take longer than the time periods set forth in this section. No later than January 1, 2024, the public agency shall make those lists available to applicants for permits under this section and to any person who requests that information.(2) A public agency shall create an ideal application and ideal complete set of postentitlement phase permits.(3) A public agency shall make the items required by paragraphs (1) and (2) available on the agencys internet website no later than January 1, 2024.(b) No (1) Except for public agencies described in paragraph (3), no later than January 1, 2024, a public agency shall require post-entitlement postentitlement phase permits to be applied for, completed, and stored through a publicly available process on its internet website. Until the(2) Until a public agency has established this the process required by paragraph (1) on its internet website, it shall accept applications for permits and any related documentation by electronic mail. The internet website or electronic mail shall list the current processing status of the applicants permit by the public agency. That status shall note whether it is being reviewed by the agency or action is required from the applicant.(3) A public agency for a city with a population of fewer than 100,000 is exempt from the requirements of paragraph (1).(c)(1)Once an applicant has submitted an application for a post-entitlement phase permit according to the requirements of subdivisions (a) and (b), the public agency shall determine and notify the applicant within seven business days whether or not it is able to approve or deny the permit within the time limits specified in subdivision (d). This seven business day period shall be included in the time limits specified in subdivision (d).(2)If the public agency determines that it is unable to complete the review and reach a determination on each step of the post-entitlement process within the prescribed time limits, the agency shall, upon request of the applicant, contract or employ a private entity or persons on a temporary basis to perform the services as is necessary to ensure that the agency meets those time limits. However, a public agency shall not be required to enter into any contract or employ any persons if it determines that entities or persons are unavailable or unqualified to perform those services or that the public agency would be able to perform services in a more rapid fashion than would any available and qualified entities or persons. Entities or persons employed by a public agency may perform, pursuant to an agreement with the public agency, all functions necessary to process post-entitlement phase permits by local ordinances adopted pursuant to this section.(d)(c) (1) For residential developments development with 25 units or fewer, a public agency shall complete the review, reach a determination on the application, each postentitlement phase permit requested, and immediately transmit that determination to the applicant by electronic mail and by posting the determination on its internet website in the manner prescribed in subdivision (b) not less later than 30 calendar days after the public agency has received all of the information in the lists required by subdivision (a) for processing of the post-entitlement each postentitlement phase permit. permit requested.(2) For residential developments with 26 units or more, a public agency shall complete the review, reach a determination on the application, each postentitlement phase permit requested, and immediately transmit that determination to the applicant by electronic mail and by posting the determination on its internet website in the manner prescribed in subdivision (b) not less later than 60 calendar days after the public agency has received all of the information in the lists required by subdivision (a) for processing of the post-entitlement each postentitlement phase permit. permit requested.(d) (1) (A) A public agency shall determine whether an application for a postentitlement phase permit is complete and provide written notice of this determination to the applicant not later than 15 calendar days after the public agency received the application.(B) If the public agency determines an application is incomplete, the public agency shall provide the applicant with a list of incomplete items and a description of how the application can be made complete. The list shall be limited to incomplete items that are included on the lists required by paragraph (1) of subdivision (a). The list and description shall be provided with the written notice required by subparagraph (A).(2) (A) An applicant may resubmit an application for a postentitlement phase permit after receiving a notice that the application was incomplete.(B) If an applicant resubmits an application pursuant to subparagraph (A), a public agency shall determine whether the resubmitted application is complete and provide written notice of this determination to the applicant not later than 15 calendar days after the public agency received the resubmitted application. If the public agency determines that the resubmitted application is incomplete, it shall provide the application with the information required by subparagraph (B) of paragraph (1) in the manner required by that subparagraph.(C) In the review of an application resubmitted pursuant to subparagraph (A), the public agency shall not require the application to include an item that was not included in the list required by subparagraph (B) of paragraph (1).(3) If a public agency does not make a timely determination as required by paragraph (1) or (2) and the application or resubmitted application states that it is for a postentitlement phase permit, the application or resubmitted application shall be deemed to be complete for the purposes of this chapter.(e) The time limits specified in this section for approving or denying a post-entitlement phase permit may be extended by mutual consent of the applicant and the public agency required to act. However, a public agency shall not require a routine waiver of time limits as a condition of accepting the application for, or processing of a post-entitlement phase permit, unless the routine waiver is obtained for the purpose of permitting concurrent processing of related approvals or an environmental review on the same residential development project. (1) (A) If a public agency denies a postentitlement phase permit application based on a defect or deficiency other than incompleteness of the application, the public agency shall provide the applicant with a list of items that are defective or deficient and a description of how the application can be remedied.(B) The public agency shall provide the list and description required by subparagraph (A) when it transmits its determination to the applicant as required by subdivision (c).(C) If a public agency denies a postentitlement phase permit application based on a defect or deficiency other than incompleteness of the application, the applicant may attempt to remedy the defect or deficiency and resubmit the application to the public agency.(2) (A) If a public agency receives a resubmitted postentitlement phase permit application authorized by paragraph (1) for a residential development with 25 units or fewer, the public agency shall complete the review, reach a determination on the application, and transmit that determination to the applicant by email and by posting the determination on its internet website in the manner prescribed in subdivision (b) not less than 15 calendar days after the public agency has received all of the information in the lists required by subdivision (a) for processing the resubmitted application.(B) If a public agency denies a resubmitted postentitlement phase permit application based on a defect or deficiency other than incompleteness of the application, the public agency shall provide the applicant with a list of items that are defective or deficient and a description of how the application can be remedied.(C) The public agency shall provide the list and description required by subparagraph (B) when it transmits its determination to the applicant as required by subparagraph (A).(3) (A) If a public agency receives a resubmitted postentitlement phase permit application authorized by paragraph (1) for a residential development with 26 units or more, the public agency shall complete the review, reach a determination on the application, and transmit that determination to the applicant by email and by posting the determination on its internet website in the manner prescribed in subdivision (b) not less than 30 calendar days after the public agency has received all of the information in the lists required by subdivision (a) for processing the resubmitted application.(B) If a public agency denies a resubmitted postentitlement phase permit application based on a defect or deficiency other than incompleteness of the application, the public agency shall provide the applicant with a list of items that are defective or deficient and a description of how the application can be remedied.(C) The public agency shall provide the list and description required by subparagraph (B) when it transmits its determination to the applicant as required by subparagraph (A).(4) If a public agency denies a resubmitted postentitlement phase permit application under paragraph (2) or (3) based on a defect or deficiency in the resubmitted application other than incompleteness of the application, the applicant may attempt to remedy the defect or deficiency and resubmit the application to the public agency. An application resubmitted pursuant to this paragraph shall be subject to the timeline and requirements provided by paragraph (2) or (3), as applicable.(f)(g) (1) If the post-entitlement a postentitlement phase permit is denied, determined to be incomplete under subdivision (d) or denied under subdivision (e) or (f), the public agency shall provide a process for the 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. A city or county shall provide that the right of appeal is to the governing body or, at their option, the planning commission, or both.(2) (A) With respect to a post-entitlement postentitlement phase permit concerning residential developments with 25 units or fewer, a public agency on the appeal shall provide a final written determination by not later than 60 calendar days after receipt of the applicants written appeal. The fact that an appeal is permitted to both the planning commission and to the governing body does not extend the 60-day period. If the final written determination on the appeal is not made within that 60-day period, the public agency shall be in violation of Section 65589.5.(B) With respect to a post-entitlement postentitlement phase permit concerning residential developments with 26 units or more, a public agency on the appeal shall provide a final written determination by not later than 90 calendar days after receipt of the applicants written appeal. The fact that an appeal is permitted to both the planning commission and to the governing body does not extend the 90-day period. If the final written determination on the appeal is not made within that 90-day period, the public agency shall be in violation of Section 65589.5.(g)(h) If a public agency fails to meet the time limits in this section, it shall be in violation of Section 65589.5.(h)A public agency that meets the deadlines in this section shall receive priority for funding under state housing finance programs.(i) This section does not place limitations on the amount of feedback that a public agency may provide.(j) For residential or residential mixed-use developments that are subject to the requirements set forth in Section 65913.4, the provisions of paragraph (2) of subdivision (h) of Section 65913.4 shall apply. Permits for these developments that are subject to paragraph (2) of subdivision (h) of Section 65913.4 shall not be in conflict with the requirements of this section. The public agency shall comply with both sets of standards.(k) This section does not preclude an applicant and a public agency from mutually agreeing to an extension of any time limit provided by this section. However, a public agency shall not require a routine waiver of time limits as a condition of accepting the application for, or processing of, a postentitlement phase permit, unless the routine waiver is obtained for the purpose of permitting concurrent processing of related approvals or an environmental review on the same residential development project.(k) (l) For purposes of this section, the following definitions apply:(1) Public agency means any county, city, or city and county.(2) (A) Post-entitlement Postentitlement phase permit includes all nondiscretionary permits and reviews filed after the discretionary entitlement process has been completed that are required or issued by the public agency to begin residential or residential mixed-use development, a development that is intended to be at least two-thirds residential, excluding planning permits, entitlements, and other permits and reviews that are covered under Chapter 4.5 (commencing with Section 65920). A post-entitlement postentitlement phase permit includes, but is not limited to, all of the following:(i) Building permits, and all inter-departmental review required for the issuance of a building permit.(ii) Permits for an minor or standard off-site improvement. improvements.(iii)Permits for site remediation.(iv)(iii) Permits for demolition.(v)(iv) Permits for minor or standard excavation and grading.(v) A permit or review listed by a public agency pursuant to paragraph (1) of subdivision (a).(B) A post-entitlement postentitlement phase permit does not include a permit required and issued by the California Coastal Commission, a special district, or a utility that is not owned and operated by a public agency, as defined in subdivision (k). agency.
65913.3. (a) A (1) A public agency shall compile one or more lists that shall specify in detail the information that will be required from any applicant for a post-entitlement postentitlement phase permit. The public agency may revise the lists of information required from an applicant. Any revised list shall not apply to any permit pending review and shall not directly or indirectly make the permit process take longer than the time periods set forth in this section. No later than January 1, 2024, the public agency shall make those lists available to applicants for permits under this section and to any person who requests that information.
(2) A public agency shall create an ideal application and ideal complete set of postentitlement phase permits.
(3) A public agency shall make the items required by paragraphs (1) and (2) available on the agencys internet website no later than January 1, 2024.
(b) No (1) Except for public agencies described in paragraph (3), no later than January 1, 2024, a public agency shall require post-entitlement postentitlement phase permits to be applied for, completed, and stored through a publicly available process on its internet website. Until the
(2) Until a public agency has established this the process required by paragraph (1) on its internet website, it shall accept applications for permits and any related documentation by electronic mail. The internet website or electronic mail shall list the current processing status of the applicants permit by the public agency. That status shall note whether it is being reviewed by the agency or action is required from the applicant.
(3) A public agency for a city with a population of fewer than 100,000 is exempt from the requirements of paragraph (1).
(c)(1)Once an applicant has submitted an application for a post-entitlement phase permit according to the requirements of subdivisions (a) and (b), the public agency shall determine and notify the applicant within seven business days whether or not it is able to approve or deny the permit within the time limits specified in subdivision (d). This seven business day period shall be included in the time limits specified in subdivision (d).
(2)If the public agency determines that it is unable to complete the review and reach a determination on each step of the post-entitlement process within the prescribed time limits, the agency shall, upon request of the applicant, contract or employ a private entity or persons on a temporary basis to perform the services as is necessary to ensure that the agency meets those time limits. However, a public agency shall not be required to enter into any contract or employ any persons if it determines that entities or persons are unavailable or unqualified to perform those services or that the public agency would be able to perform services in a more rapid fashion than would any available and qualified entities or persons. Entities or persons employed by a public agency may perform, pursuant to an agreement with the public agency, all functions necessary to process post-entitlement phase permits by local ordinances adopted pursuant to this section.
(d)
(c) (1) For residential developments development with 25 units or fewer, a public agency shall complete the review, reach a determination on the application, each postentitlement phase permit requested, and immediately transmit that determination to the applicant by electronic mail and by posting the determination on its internet website in the manner prescribed in subdivision (b) not less later than 30 calendar days after the public agency has received all of the information in the lists required by subdivision (a) for processing of the post-entitlement each postentitlement phase permit. permit requested.
(2) For residential developments with 26 units or more, a public agency shall complete the review, reach a determination on the application, each postentitlement phase permit requested, and immediately transmit that determination to the applicant by electronic mail and by posting the determination on its internet website in the manner prescribed in subdivision (b) not less later than 60 calendar days after the public agency has received all of the information in the lists required by subdivision (a) for processing of the post-entitlement each postentitlement phase permit. permit requested.
(d) (1) (A) A public agency shall determine whether an application for a postentitlement phase permit is complete and provide written notice of this determination to the applicant not later than 15 calendar days after the public agency received the application.
(B) If the public agency determines an application is incomplete, the public agency shall provide the applicant with a list of incomplete items and a description of how the application can be made complete. The list shall be limited to incomplete items that are included on the lists required by paragraph (1) of subdivision (a). The list and description shall be provided with the written notice required by subparagraph (A).
(2) (A) An applicant may resubmit an application for a postentitlement phase permit after receiving a notice that the application was incomplete.
(B) If an applicant resubmits an application pursuant to subparagraph (A), a public agency shall determine whether the resubmitted application is complete and provide written notice of this determination to the applicant not later than 15 calendar days after the public agency received the resubmitted application. If the public agency determines that the resubmitted application is incomplete, it shall provide the application with the information required by subparagraph (B) of paragraph (1) in the manner required by that subparagraph.
(C) In the review of an application resubmitted pursuant to subparagraph (A), the public agency shall not require the application to include an item that was not included in the list required by subparagraph (B) of paragraph (1).
(3) If a public agency does not make a timely determination as required by paragraph (1) or (2) and the application or resubmitted application states that it is for a postentitlement phase permit, the application or resubmitted application shall be deemed to be complete for the purposes of this chapter.
(e) The time limits specified in this section for approving or denying a post-entitlement phase permit may be extended by mutual consent of the applicant and the public agency required to act. However, a public agency shall not require a routine waiver of time limits as a condition of accepting the application for, or processing of a post-entitlement phase permit, unless the routine waiver is obtained for the purpose of permitting concurrent processing of related approvals or an environmental review on the same residential development project. (1) (A) If a public agency denies a postentitlement phase permit application based on a defect or deficiency other than incompleteness of the application, the public agency shall provide the applicant with a list of items that are defective or deficient and a description of how the application can be remedied.
(B) The public agency shall provide the list and description required by subparagraph (A) when it transmits its determination to the applicant as required by subdivision (c).
(C) If a public agency denies a postentitlement phase permit application based on a defect or deficiency other than incompleteness of the application, the applicant may attempt to remedy the defect or deficiency and resubmit the application to the public agency.
(2) (A) If a public agency receives a resubmitted postentitlement phase permit application authorized by paragraph (1) for a residential development with 25 units or fewer, the public agency shall complete the review, reach a determination on the application, and transmit that determination to the applicant by email and by posting the determination on its internet website in the manner prescribed in subdivision (b) not less than 15 calendar days after the public agency has received all of the information in the lists required by subdivision (a) for processing the resubmitted application.
(B) If a public agency denies a resubmitted postentitlement phase permit application based on a defect or deficiency other than incompleteness of the application, the public agency shall provide the applicant with a list of items that are defective or deficient and a description of how the application can be remedied.
(C) The public agency shall provide the list and description required by subparagraph (B) when it transmits its determination to the applicant as required by subparagraph (A).
(3) (A) If a public agency receives a resubmitted postentitlement phase permit application authorized by paragraph (1) for a residential development with 26 units or more, the public agency shall complete the review, reach a determination on the application, and transmit that determination to the applicant by email and by posting the determination on its internet website in the manner prescribed in subdivision (b) not less than 30 calendar days after the public agency has received all of the information in the lists required by subdivision (a) for processing the resubmitted application.
(B) If a public agency denies a resubmitted postentitlement phase permit application based on a defect or deficiency other than incompleteness of the application, the public agency shall provide the applicant with a list of items that are defective or deficient and a description of how the application can be remedied.
(C) The public agency shall provide the list and description required by subparagraph (B) when it transmits its determination to the applicant as required by subparagraph (A).
(4) If a public agency denies a resubmitted postentitlement phase permit application under paragraph (2) or (3) based on a defect or deficiency in the resubmitted application other than incompleteness of the application, the applicant may attempt to remedy the defect or deficiency and resubmit the application to the public agency. An application resubmitted pursuant to this paragraph shall be subject to the timeline and requirements provided by paragraph (2) or (3), as applicable.
(f)
(g) (1) If the post-entitlement a postentitlement phase permit is denied, determined to be incomplete under subdivision (d) or denied under subdivision (e) or (f), the public agency shall provide a process for the 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. A city or county shall provide that the right of appeal is to the governing body or, at their option, the planning commission, or both.
(2) (A) With respect to a post-entitlement postentitlement phase permit concerning residential developments with 25 units or fewer, a public agency on the appeal shall provide a final written determination by not later than 60 calendar days after receipt of the applicants written appeal. The fact that an appeal is permitted to both the planning commission and to the governing body does not extend the 60-day period. If the final written determination on the appeal is not made within that 60-day period, the public agency shall be in violation of Section 65589.5.
(B) With respect to a post-entitlement postentitlement phase permit concerning residential developments with 26 units or more, a public agency on the appeal shall provide a final written determination by not later than 90 calendar days after receipt of the applicants written appeal. The fact that an appeal is permitted to both the planning commission and to the governing body does not extend the 90-day period. If the final written determination on the appeal is not made within that 90-day period, the public agency shall be in violation of Section 65589.5.
(g)
(h) If a public agency fails to meet the time limits in this section, it shall be in violation of Section 65589.5.
(h)A public agency that meets the deadlines in this section shall receive priority for funding under state housing finance programs.
(i) This section does not place limitations on the amount of feedback that a public agency may provide.
(j) For residential or residential mixed-use developments that are subject to the requirements set forth in Section 65913.4, the provisions of paragraph (2) of subdivision (h) of Section 65913.4 shall apply. Permits for these developments that are subject to paragraph (2) of subdivision (h) of Section 65913.4 shall not be in conflict with the requirements of this section. The public agency shall comply with both sets of standards.
(k) This section does not preclude an applicant and a public agency from mutually agreeing to an extension of any time limit provided by this section. However, a public agency shall not require a routine waiver of time limits as a condition of accepting the application for, or processing of, a postentitlement phase permit, unless the routine waiver is obtained for the purpose of permitting concurrent processing of related approvals or an environmental review on the same residential development project.
(k)
(l) For purposes of this section, the following definitions apply:
(1) Public agency means any county, city, or city and county.
(2) (A) Post-entitlement Postentitlement phase permit includes all nondiscretionary permits and reviews filed after the discretionary entitlement process has been completed that are required or issued by the public agency to begin residential or residential mixed-use development, a development that is intended to be at least two-thirds residential, excluding planning permits, entitlements, and other permits and reviews that are covered under Chapter 4.5 (commencing with Section 65920). A post-entitlement postentitlement phase permit includes, but is not limited to, all of the following:
(i) Building permits, and all inter-departmental review required for the issuance of a building permit.
(ii) Permits for an minor or standard off-site improvement. improvements.
(iii)Permits for site remediation.
(iv)
(iii) Permits for demolition.
(v)
(iv) Permits for minor or standard excavation and grading.
(v) A permit or review listed by a public agency pursuant to paragraph (1) of subdivision (a).
(B) A post-entitlement postentitlement phase permit does not include a permit required and issued by the California Coastal Commission, a special district, or a utility that is not owned and operated by a public agency, as defined in subdivision (k). agency.
SEC. 2. The Legislature finds and declares that access to affordable housing is a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 1 of this act adding Section 65913.3 of the Government Code applies to all cities, counties, and cities and counties, including charter cities, counties, and cities and counties.
SEC. 2. The Legislature finds and declares that access to affordable housing is a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 1 of this act adding Section 65913.3 of the Government Code applies to all cities, counties, and cities and counties, including charter cities, counties, and cities and counties.
SEC. 2. The Legislature finds and declares that access to affordable housing is a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 1 of this act adding Section 65913.3 of the Government Code applies to all cities, counties, and cities and counties, including charter cities, counties, and cities and counties.
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SEC. 3. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SEC. 3. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SEC. 3. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
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