CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 1820Introduced by Assembly Member Schiavo(Coauthor: Assembly Member Grayson)January 11, 2024 An act to amend Section 65941.1 of, and to add Section 65943.1 to, the Government Code, relating to housing.LEGISLATIVE COUNSEL'S DIGESTAB 1820, as introduced, Schiavo. Housing development projects: applications: fees and exactions.(1) Existing law requires a city or county to deem an applicant for a housing development project to have submitted a preliminary application upon providing specified information about the proposed project to the city or county from which approval for the project is being sought. Existing law requires a housing development project be subject only to the ordinances, policies, and standards adopted and in effect when the preliminary application was submitted.This bill would authorize a development proponent that submits a preliminary application for a housing development project to request a preliminary fee and exaction estimate, as defined. The bill would require a local agency to comply with the request within 10 business days of the submission of the preliminary application, except as specified. (2) Existing law requires a public agency that receives an application for a development project to, within 30 calendar days, determine in writing whether the application is complete and immediately transmit its determination to the applicant for the development project, as specified.This bill would require a public agency that determines an application for a housing development project is complete to provide the development proponent with an itemized list and total sum amount of all fees and exactions that will apply to the project with the above-described determination of completeness transmitted to the applicant.(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, including charter cities.(4) By imposing new duties on local governments when receiving and reviewing certain development project applications, the bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.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 65941.1 of the Government Code, as amended by Section 27 of Chapter 258 of the Statutes of 2022, is amended to read:65941.1. (a) An applicant for a housing development project, as defined in paragraph (3) of subdivision (b) of Section 65905.5, shall be deemed to have submitted a preliminary application upon providing all of the following information about the proposed project to the city, county, or city and county from which approval for the project is being sought and upon payment of the permit processing fee:(1) The specific location, including parcel numbers, a legal description, and site address, if applicable.(2) The existing uses on the project site and identification of major physical alterations to the property on which the project is to be located.(3) A site plan showing the location on the property, elevations showing design, color, and material, and the massing, height, and approximate square footage, of each building that is to be occupied.(4) The proposed land uses by number of units and square feet of residential and nonresidential development using the categories in the applicable zoning ordinance.(5) The proposed number of parking spaces.(6) Any proposed point sources of air or water pollutants.(7) Any species of special concern known to occur on the property.(8) Whether a portion of the property is located within any of the following:(A) A very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to Section 51178.(B) Wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).(C) A hazardous waste site that is listed pursuant to Section 65962.5 or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Article 5 (commencing with Section 78760) of Chapter 4 of Part 2 of Division 45 of the Health and Safety Code.(D) A special flood hazard area subject to inundation by the 1 percent annual chance flood (100-year flood) as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency.(E) A delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law (Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code), and by any local building department under Chapter 12.2 (commencing with Section 8875) of Division 1 of Title 2.(F) A stream or other resource that may be subject to a streambed alteration agreement pursuant to Chapter 6 (commencing with Section 1600) of Division 2 of the Fish and Game Code.(9) Any historic or cultural resources known to exist on the property.(10) The number of proposed below market rate units and their affordability levels.(11) The number of bonus units and any incentives, concessions, waivers, or parking reductions requested pursuant to Section 65915.(12) Whether any approvals under the Subdivision Map Act, including, but not limited to, a parcel map, a tentative map, or a condominium map, are being requested.(13) The applicants contact information and, if the applicant does not own the property, consent from the property owner to submit the application.(14) For a housing development project proposed to be located within the coastal zone, whether any portion of the property contains any of the following:(A) Wetlands, as defined in subdivision (b) of Section 13577 of Title 14 of the California Code of Regulations.(B) Environmentally sensitive habitat areas, as defined in Section 30240 of the Public Resources Code.(C) A tsunami run-up zone.(D) Use of the site for public access to or along the coast.(15) The number of existing residential units on the project site that will be demolished and whether each existing unit is occupied or unoccupied.(16) A site map showing a stream or other resource that may be subject to a streambed alteration agreement pursuant to Chapter 6 (commencing with Section 1600) of Division 2 of the Fish and Game Code and an aerial site photograph showing existing site conditions of environmental site features that would be subject to regulations by a public agency, including creeks and wetlands.(17) The location of any recorded public easement, such as easements for storm drains, water lines, and other public rights of way.(b) (1) A development proponent that submits a preliminary application pursuant to this section may include in its preliminary application a request for a preliminary fee and exaction estimate. A local agency shall comply with the request of the development proponent within 10 business days of the submission of the preliminary application unless the local government otherwise determines that the preliminary application does not include all of the information required by subdivision (a). (2) For purposes of this subdivision:(A) Fee and exaction mean the same as those terms are defined in Section 65940.1.(B) Fee and exaction estimate means a good faith estimate of the total amount of fees and exactions expected to be imposed in connection with the project.(3) Except for the provision of the fee and exaction estimate by the local agency, nothing in this subdivision shall create or affect any rights or obligations with respect to fees or exactions.(b)(c) (1) Each local agency shall compile a checklist and application form that applicants for housing development projects may use for the purpose of satisfying the requirements for submittal of a preliminary application.(2) The Department of Housing and Community Development shall adopt a standardized form that applicants for housing development projects may use for the purpose of satisfying the requirements for submittal of a preliminary application if a local agency has not developed its own application form pursuant to paragraph (1). Adoption of the standardized form shall not be subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.(3) A checklist or form shall not require or request any information beyond that expressly identified in subdivision (a).(c)(d) After submittal of all of the information required by subdivision (a), if the development proponent revises the project such that the number of residential units or square footage of construction changes by 20 percent or more, exclusive of any increase resulting from the receipt of a density bonus, incentive, concession, waiver, or similar provision, the housing development project shall not be deemed to have submitted a preliminary application that satisfies this section until the development proponent resubmits the information required by subdivision (a) so that it reflects the revisions. For purposes of this subdivision, square footage of construction means the building area, as defined by the California Building Standards Code (Title 24 of the California Code of Regulations).(d)(e) (1) Within 180 calendar days after submitting a preliminary application with all of the information required by subdivision (a) to a city, county, or city and county, the development proponent shall submit an application for a development project that includes all of the information required to process the development application consistent with Sections 65940, 65941, and 65941.5.(2) If the public agency determines that the application for the development project is not complete pursuant to Section 65943, the development proponent shall submit the specific information needed to complete the application within 90 days of receiving the agencys written identification of the necessary information. If the development proponent does not submit this information within the 90-day period, then the preliminary application shall expire and have no further force or effect.(3) This section shall not require an affirmative determination by a city, county, or city and county regarding the completeness of a preliminary application or a development application for purposes of compliance with this section.(e)(f) Notwithstanding any other law, submission of a preliminary application in accordance with this section shall not preclude the listing of a tribal cultural resource on a national, state, tribal, or local historic register list on or after the date that the preliminary application is submitted. For purposes of Section 65589.5 or any other law, the listing of a tribal cultural site on a national, state, tribal, or local historic register on or after the date the preliminary application was submitted shall not be deemed to be a change to the ordinances, policies, and standards adopted and in effect at the time that the preliminary application was submitted.(f)(g) This section shall remain in effect only until January 1, 2030, and as of that date is repealed.SEC. 2. Section 65943.1 is added to the Government Code, to read:65943.1. (a) A public agency that determines an application for a housing development project is complete pursuant to Section 65943 shall provide the development proponent with an itemized list and total sum amount of all fees and exactions that will apply to the project with its formal determination of completeness transmitted to the applicant.(b) For purposes of complying with subdivision (a), a public agency that calculates fees using a cost recovery method to cover administrative cost shall provide fee estimates for those cost recovery fees based on the average amount of the fees imposed on similar projects.(c) For purposes of this section:(1) (A) Exaction means any of the following:(i) A construction excise tax.(ii) A requirement that the housing development project provide public art or an in-lieu payment.(iii) Dedications of parkland or in-lieu fees imposed pursuant to Section 66477.(iv) A special tax levied on new housing units pursuant to the Mello-Roos Community Facilities Act of 1982 (Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5).(B) Exaction does not include fees or charges pursuant to Section 66013 that are not imposed (i) in connection with issuing or approving a permit for development or (ii) as a condition of approval of a proposed development, as held in Capistrano Beach Water Dist. v. Taj Development Corp. (1999) 72 Cal.App.4th 524.(2) Fee means a fee or charge described in the Mitigation Fee Act (Chapter 5 (commencing with Section 66000), Chapter 6 (commencing with Section 66010), Chapter 7 (commencing with Section 66012), Chapter 8 (commencing with Section 66016), and Chapter 9 (commencing with Section 66020)).(3) Housing development project means a use consisting of any of the following:(A) Residential units only.(B) Mixed-use developments consisting of residential and nonresidential uses with at least two-thirds of the square footage designated for residential use.(C) Transitional housing or supportive housing.(4) Public agency means a city, including a charter city, a county, including a charter county, or special district.SEC. 3. The Legislature finds and declares all of the following: (a) A recent study conducted by the Terner Center for Housing Innovation at the University of California, Berkeley, found that fees and exactions can amount to up to 18 percent of the median home price, that these fees and exactions are extremely difficult to estimate, and that fees and exactions continue to rise in California while decreasing nationally. Further, escalating fee and exaction costs make it more difficult for builders to deliver new housing for sale or rent at affordable prices.(b) Ensuring access to affordable housing is a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 1 of this act amending Section 65941.1 of the Government Code, and Section 2 of this act adding Section 65943.1 to the Government Code apply to all cities, including charter cities.SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.
CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 1820Introduced by Assembly Member Schiavo(Coauthor: Assembly Member Grayson)January 11, 2024 An act to amend Section 65941.1 of, and to add Section 65943.1 to, the Government Code, relating to housing.LEGISLATIVE COUNSEL'S DIGESTAB 1820, as introduced, Schiavo. Housing development projects: applications: fees and exactions.(1) Existing law requires a city or county to deem an applicant for a housing development project to have submitted a preliminary application upon providing specified information about the proposed project to the city or county from which approval for the project is being sought. Existing law requires a housing development project be subject only to the ordinances, policies, and standards adopted and in effect when the preliminary application was submitted.This bill would authorize a development proponent that submits a preliminary application for a housing development project to request a preliminary fee and exaction estimate, as defined. The bill would require a local agency to comply with the request within 10 business days of the submission of the preliminary application, except as specified. (2) Existing law requires a public agency that receives an application for a development project to, within 30 calendar days, determine in writing whether the application is complete and immediately transmit its determination to the applicant for the development project, as specified.This bill would require a public agency that determines an application for a housing development project is complete to provide the development proponent with an itemized list and total sum amount of all fees and exactions that will apply to the project with the above-described determination of completeness transmitted to the applicant.(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, including charter cities.(4) By imposing new duties on local governments when receiving and reviewing certain development project applications, the bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES
CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION
Assembly Bill
No. 1820
Introduced by Assembly Member Schiavo(Coauthor: Assembly Member Grayson)January 11, 2024
Introduced by Assembly Member Schiavo(Coauthor: Assembly Member Grayson)
January 11, 2024
An act to amend Section 65941.1 of, and to add Section 65943.1 to, the Government Code, relating to housing.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 1820, as introduced, Schiavo. Housing development projects: applications: fees and exactions.
(1) Existing law requires a city or county to deem an applicant for a housing development project to have submitted a preliminary application upon providing specified information about the proposed project to the city or county from which approval for the project is being sought. Existing law requires a housing development project be subject only to the ordinances, policies, and standards adopted and in effect when the preliminary application was submitted.This bill would authorize a development proponent that submits a preliminary application for a housing development project to request a preliminary fee and exaction estimate, as defined. The bill would require a local agency to comply with the request within 10 business days of the submission of the preliminary application, except as specified. (2) Existing law requires a public agency that receives an application for a development project to, within 30 calendar days, determine in writing whether the application is complete and immediately transmit its determination to the applicant for the development project, as specified.This bill would require a public agency that determines an application for a housing development project is complete to provide the development proponent with an itemized list and total sum amount of all fees and exactions that will apply to the project with the above-described determination of completeness transmitted to the applicant.(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, including charter cities.(4) By imposing new duties on local governments when receiving and reviewing certain development project applications, the bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.
(1) Existing law requires a city or county to deem an applicant for a housing development project to have submitted a preliminary application upon providing specified information about the proposed project to the city or county from which approval for the project is being sought. Existing law requires a housing development project be subject only to the ordinances, policies, and standards adopted and in effect when the preliminary application was submitted.
This bill would authorize a development proponent that submits a preliminary application for a housing development project to request a preliminary fee and exaction estimate, as defined. The bill would require a local agency to comply with the request within 10 business days of the submission of the preliminary application, except as specified.
(2) Existing law requires a public agency that receives an application for a development project to, within 30 calendar days, determine in writing whether the application is complete and immediately transmit its determination to the applicant for the development project, as specified.
This bill would require a public agency that determines an application for a housing development project is complete to provide the development proponent with an itemized list and total sum amount of all fees and exactions that will apply to the project with the above-described determination of completeness transmitted to the applicant.
(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, including charter cities.
(4) By imposing new duties on local governments when receiving and reviewing certain development project applications, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 65941.1 of the Government Code, as amended by Section 27 of Chapter 258 of the Statutes of 2022, is amended to read:65941.1. (a) An applicant for a housing development project, as defined in paragraph (3) of subdivision (b) of Section 65905.5, shall be deemed to have submitted a preliminary application upon providing all of the following information about the proposed project to the city, county, or city and county from which approval for the project is being sought and upon payment of the permit processing fee:(1) The specific location, including parcel numbers, a legal description, and site address, if applicable.(2) The existing uses on the project site and identification of major physical alterations to the property on which the project is to be located.(3) A site plan showing the location on the property, elevations showing design, color, and material, and the massing, height, and approximate square footage, of each building that is to be occupied.(4) The proposed land uses by number of units and square feet of residential and nonresidential development using the categories in the applicable zoning ordinance.(5) The proposed number of parking spaces.(6) Any proposed point sources of air or water pollutants.(7) Any species of special concern known to occur on the property.(8) Whether a portion of the property is located within any of the following:(A) A very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to Section 51178.(B) Wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).(C) A hazardous waste site that is listed pursuant to Section 65962.5 or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Article 5 (commencing with Section 78760) of Chapter 4 of Part 2 of Division 45 of the Health and Safety Code.(D) A special flood hazard area subject to inundation by the 1 percent annual chance flood (100-year flood) as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency.(E) A delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law (Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code), and by any local building department under Chapter 12.2 (commencing with Section 8875) of Division 1 of Title 2.(F) A stream or other resource that may be subject to a streambed alteration agreement pursuant to Chapter 6 (commencing with Section 1600) of Division 2 of the Fish and Game Code.(9) Any historic or cultural resources known to exist on the property.(10) The number of proposed below market rate units and their affordability levels.(11) The number of bonus units and any incentives, concessions, waivers, or parking reductions requested pursuant to Section 65915.(12) Whether any approvals under the Subdivision Map Act, including, but not limited to, a parcel map, a tentative map, or a condominium map, are being requested.(13) The applicants contact information and, if the applicant does not own the property, consent from the property owner to submit the application.(14) For a housing development project proposed to be located within the coastal zone, whether any portion of the property contains any of the following:(A) Wetlands, as defined in subdivision (b) of Section 13577 of Title 14 of the California Code of Regulations.(B) Environmentally sensitive habitat areas, as defined in Section 30240 of the Public Resources Code.(C) A tsunami run-up zone.(D) Use of the site for public access to or along the coast.(15) The number of existing residential units on the project site that will be demolished and whether each existing unit is occupied or unoccupied.(16) A site map showing a stream or other resource that may be subject to a streambed alteration agreement pursuant to Chapter 6 (commencing with Section 1600) of Division 2 of the Fish and Game Code and an aerial site photograph showing existing site conditions of environmental site features that would be subject to regulations by a public agency, including creeks and wetlands.(17) The location of any recorded public easement, such as easements for storm drains, water lines, and other public rights of way.(b) (1) A development proponent that submits a preliminary application pursuant to this section may include in its preliminary application a request for a preliminary fee and exaction estimate. A local agency shall comply with the request of the development proponent within 10 business days of the submission of the preliminary application unless the local government otherwise determines that the preliminary application does not include all of the information required by subdivision (a). (2) For purposes of this subdivision:(A) Fee and exaction mean the same as those terms are defined in Section 65940.1.(B) Fee and exaction estimate means a good faith estimate of the total amount of fees and exactions expected to be imposed in connection with the project.(3) Except for the provision of the fee and exaction estimate by the local agency, nothing in this subdivision shall create or affect any rights or obligations with respect to fees or exactions.(b)(c) (1) Each local agency shall compile a checklist and application form that applicants for housing development projects may use for the purpose of satisfying the requirements for submittal of a preliminary application.(2) The Department of Housing and Community Development shall adopt a standardized form that applicants for housing development projects may use for the purpose of satisfying the requirements for submittal of a preliminary application if a local agency has not developed its own application form pursuant to paragraph (1). Adoption of the standardized form shall not be subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.(3) A checklist or form shall not require or request any information beyond that expressly identified in subdivision (a).(c)(d) After submittal of all of the information required by subdivision (a), if the development proponent revises the project such that the number of residential units or square footage of construction changes by 20 percent or more, exclusive of any increase resulting from the receipt of a density bonus, incentive, concession, waiver, or similar provision, the housing development project shall not be deemed to have submitted a preliminary application that satisfies this section until the development proponent resubmits the information required by subdivision (a) so that it reflects the revisions. For purposes of this subdivision, square footage of construction means the building area, as defined by the California Building Standards Code (Title 24 of the California Code of Regulations).(d)(e) (1) Within 180 calendar days after submitting a preliminary application with all of the information required by subdivision (a) to a city, county, or city and county, the development proponent shall submit an application for a development project that includes all of the information required to process the development application consistent with Sections 65940, 65941, and 65941.5.(2) If the public agency determines that the application for the development project is not complete pursuant to Section 65943, the development proponent shall submit the specific information needed to complete the application within 90 days of receiving the agencys written identification of the necessary information. If the development proponent does not submit this information within the 90-day period, then the preliminary application shall expire and have no further force or effect.(3) This section shall not require an affirmative determination by a city, county, or city and county regarding the completeness of a preliminary application or a development application for purposes of compliance with this section.(e)(f) Notwithstanding any other law, submission of a preliminary application in accordance with this section shall not preclude the listing of a tribal cultural resource on a national, state, tribal, or local historic register list on or after the date that the preliminary application is submitted. For purposes of Section 65589.5 or any other law, the listing of a tribal cultural site on a national, state, tribal, or local historic register on or after the date the preliminary application was submitted shall not be deemed to be a change to the ordinances, policies, and standards adopted and in effect at the time that the preliminary application was submitted.(f)(g) This section shall remain in effect only until January 1, 2030, and as of that date is repealed.SEC. 2. Section 65943.1 is added to the Government Code, to read:65943.1. (a) A public agency that determines an application for a housing development project is complete pursuant to Section 65943 shall provide the development proponent with an itemized list and total sum amount of all fees and exactions that will apply to the project with its formal determination of completeness transmitted to the applicant.(b) For purposes of complying with subdivision (a), a public agency that calculates fees using a cost recovery method to cover administrative cost shall provide fee estimates for those cost recovery fees based on the average amount of the fees imposed on similar projects.(c) For purposes of this section:(1) (A) Exaction means any of the following:(i) A construction excise tax.(ii) A requirement that the housing development project provide public art or an in-lieu payment.(iii) Dedications of parkland or in-lieu fees imposed pursuant to Section 66477.(iv) A special tax levied on new housing units pursuant to the Mello-Roos Community Facilities Act of 1982 (Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5).(B) Exaction does not include fees or charges pursuant to Section 66013 that are not imposed (i) in connection with issuing or approving a permit for development or (ii) as a condition of approval of a proposed development, as held in Capistrano Beach Water Dist. v. Taj Development Corp. (1999) 72 Cal.App.4th 524.(2) Fee means a fee or charge described in the Mitigation Fee Act (Chapter 5 (commencing with Section 66000), Chapter 6 (commencing with Section 66010), Chapter 7 (commencing with Section 66012), Chapter 8 (commencing with Section 66016), and Chapter 9 (commencing with Section 66020)).(3) Housing development project means a use consisting of any of the following:(A) Residential units only.(B) Mixed-use developments consisting of residential and nonresidential uses with at least two-thirds of the square footage designated for residential use.(C) Transitional housing or supportive housing.(4) Public agency means a city, including a charter city, a county, including a charter county, or special district.SEC. 3. The Legislature finds and declares all of the following: (a) A recent study conducted by the Terner Center for Housing Innovation at the University of California, Berkeley, found that fees and exactions can amount to up to 18 percent of the median home price, that these fees and exactions are extremely difficult to estimate, and that fees and exactions continue to rise in California while decreasing nationally. Further, escalating fee and exaction costs make it more difficult for builders to deliver new housing for sale or rent at affordable prices.(b) Ensuring access to affordable housing is a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 1 of this act amending Section 65941.1 of the Government Code, and Section 2 of this act adding Section 65943.1 to the Government Code apply to all cities, including charter cities.SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 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 65941.1 of the Government Code, as amended by Section 27 of Chapter 258 of the Statutes of 2022, is amended to read:65941.1. (a) An applicant for a housing development project, as defined in paragraph (3) of subdivision (b) of Section 65905.5, shall be deemed to have submitted a preliminary application upon providing all of the following information about the proposed project to the city, county, or city and county from which approval for the project is being sought and upon payment of the permit processing fee:(1) The specific location, including parcel numbers, a legal description, and site address, if applicable.(2) The existing uses on the project site and identification of major physical alterations to the property on which the project is to be located.(3) A site plan showing the location on the property, elevations showing design, color, and material, and the massing, height, and approximate square footage, of each building that is to be occupied.(4) The proposed land uses by number of units and square feet of residential and nonresidential development using the categories in the applicable zoning ordinance.(5) The proposed number of parking spaces.(6) Any proposed point sources of air or water pollutants.(7) Any species of special concern known to occur on the property.(8) Whether a portion of the property is located within any of the following:(A) A very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to Section 51178.(B) Wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).(C) A hazardous waste site that is listed pursuant to Section 65962.5 or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Article 5 (commencing with Section 78760) of Chapter 4 of Part 2 of Division 45 of the Health and Safety Code.(D) A special flood hazard area subject to inundation by the 1 percent annual chance flood (100-year flood) as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency.(E) A delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law (Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code), and by any local building department under Chapter 12.2 (commencing with Section 8875) of Division 1 of Title 2.(F) A stream or other resource that may be subject to a streambed alteration agreement pursuant to Chapter 6 (commencing with Section 1600) of Division 2 of the Fish and Game Code.(9) Any historic or cultural resources known to exist on the property.(10) The number of proposed below market rate units and their affordability levels.(11) The number of bonus units and any incentives, concessions, waivers, or parking reductions requested pursuant to Section 65915.(12) Whether any approvals under the Subdivision Map Act, including, but not limited to, a parcel map, a tentative map, or a condominium map, are being requested.(13) The applicants contact information and, if the applicant does not own the property, consent from the property owner to submit the application.(14) For a housing development project proposed to be located within the coastal zone, whether any portion of the property contains any of the following:(A) Wetlands, as defined in subdivision (b) of Section 13577 of Title 14 of the California Code of Regulations.(B) Environmentally sensitive habitat areas, as defined in Section 30240 of the Public Resources Code.(C) A tsunami run-up zone.(D) Use of the site for public access to or along the coast.(15) The number of existing residential units on the project site that will be demolished and whether each existing unit is occupied or unoccupied.(16) A site map showing a stream or other resource that may be subject to a streambed alteration agreement pursuant to Chapter 6 (commencing with Section 1600) of Division 2 of the Fish and Game Code and an aerial site photograph showing existing site conditions of environmental site features that would be subject to regulations by a public agency, including creeks and wetlands.(17) The location of any recorded public easement, such as easements for storm drains, water lines, and other public rights of way.(b) (1) A development proponent that submits a preliminary application pursuant to this section may include in its preliminary application a request for a preliminary fee and exaction estimate. A local agency shall comply with the request of the development proponent within 10 business days of the submission of the preliminary application unless the local government otherwise determines that the preliminary application does not include all of the information required by subdivision (a). (2) For purposes of this subdivision:(A) Fee and exaction mean the same as those terms are defined in Section 65940.1.(B) Fee and exaction estimate means a good faith estimate of the total amount of fees and exactions expected to be imposed in connection with the project.(3) Except for the provision of the fee and exaction estimate by the local agency, nothing in this subdivision shall create or affect any rights or obligations with respect to fees or exactions.(b)(c) (1) Each local agency shall compile a checklist and application form that applicants for housing development projects may use for the purpose of satisfying the requirements for submittal of a preliminary application.(2) The Department of Housing and Community Development shall adopt a standardized form that applicants for housing development projects may use for the purpose of satisfying the requirements for submittal of a preliminary application if a local agency has not developed its own application form pursuant to paragraph (1). Adoption of the standardized form shall not be subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.(3) A checklist or form shall not require or request any information beyond that expressly identified in subdivision (a).(c)(d) After submittal of all of the information required by subdivision (a), if the development proponent revises the project such that the number of residential units or square footage of construction changes by 20 percent or more, exclusive of any increase resulting from the receipt of a density bonus, incentive, concession, waiver, or similar provision, the housing development project shall not be deemed to have submitted a preliminary application that satisfies this section until the development proponent resubmits the information required by subdivision (a) so that it reflects the revisions. For purposes of this subdivision, square footage of construction means the building area, as defined by the California Building Standards Code (Title 24 of the California Code of Regulations).(d)(e) (1) Within 180 calendar days after submitting a preliminary application with all of the information required by subdivision (a) to a city, county, or city and county, the development proponent shall submit an application for a development project that includes all of the information required to process the development application consistent with Sections 65940, 65941, and 65941.5.(2) If the public agency determines that the application for the development project is not complete pursuant to Section 65943, the development proponent shall submit the specific information needed to complete the application within 90 days of receiving the agencys written identification of the necessary information. If the development proponent does not submit this information within the 90-day period, then the preliminary application shall expire and have no further force or effect.(3) This section shall not require an affirmative determination by a city, county, or city and county regarding the completeness of a preliminary application or a development application for purposes of compliance with this section.(e)(f) Notwithstanding any other law, submission of a preliminary application in accordance with this section shall not preclude the listing of a tribal cultural resource on a national, state, tribal, or local historic register list on or after the date that the preliminary application is submitted. For purposes of Section 65589.5 or any other law, the listing of a tribal cultural site on a national, state, tribal, or local historic register on or after the date the preliminary application was submitted shall not be deemed to be a change to the ordinances, policies, and standards adopted and in effect at the time that the preliminary application was submitted.(f)(g) This section shall remain in effect only until January 1, 2030, and as of that date is repealed.
SECTION 1. Section 65941.1 of the Government Code, as amended by Section 27 of Chapter 258 of the Statutes of 2022, is amended to read:
### SECTION 1.
65941.1. (a) An applicant for a housing development project, as defined in paragraph (3) of subdivision (b) of Section 65905.5, shall be deemed to have submitted a preliminary application upon providing all of the following information about the proposed project to the city, county, or city and county from which approval for the project is being sought and upon payment of the permit processing fee:(1) The specific location, including parcel numbers, a legal description, and site address, if applicable.(2) The existing uses on the project site and identification of major physical alterations to the property on which the project is to be located.(3) A site plan showing the location on the property, elevations showing design, color, and material, and the massing, height, and approximate square footage, of each building that is to be occupied.(4) The proposed land uses by number of units and square feet of residential and nonresidential development using the categories in the applicable zoning ordinance.(5) The proposed number of parking spaces.(6) Any proposed point sources of air or water pollutants.(7) Any species of special concern known to occur on the property.(8) Whether a portion of the property is located within any of the following:(A) A very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to Section 51178.(B) Wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).(C) A hazardous waste site that is listed pursuant to Section 65962.5 or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Article 5 (commencing with Section 78760) of Chapter 4 of Part 2 of Division 45 of the Health and Safety Code.(D) A special flood hazard area subject to inundation by the 1 percent annual chance flood (100-year flood) as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency.(E) A delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law (Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code), and by any local building department under Chapter 12.2 (commencing with Section 8875) of Division 1 of Title 2.(F) A stream or other resource that may be subject to a streambed alteration agreement pursuant to Chapter 6 (commencing with Section 1600) of Division 2 of the Fish and Game Code.(9) Any historic or cultural resources known to exist on the property.(10) The number of proposed below market rate units and their affordability levels.(11) The number of bonus units and any incentives, concessions, waivers, or parking reductions requested pursuant to Section 65915.(12) Whether any approvals under the Subdivision Map Act, including, but not limited to, a parcel map, a tentative map, or a condominium map, are being requested.(13) The applicants contact information and, if the applicant does not own the property, consent from the property owner to submit the application.(14) For a housing development project proposed to be located within the coastal zone, whether any portion of the property contains any of the following:(A) Wetlands, as defined in subdivision (b) of Section 13577 of Title 14 of the California Code of Regulations.(B) Environmentally sensitive habitat areas, as defined in Section 30240 of the Public Resources Code.(C) A tsunami run-up zone.(D) Use of the site for public access to or along the coast.(15) The number of existing residential units on the project site that will be demolished and whether each existing unit is occupied or unoccupied.(16) A site map showing a stream or other resource that may be subject to a streambed alteration agreement pursuant to Chapter 6 (commencing with Section 1600) of Division 2 of the Fish and Game Code and an aerial site photograph showing existing site conditions of environmental site features that would be subject to regulations by a public agency, including creeks and wetlands.(17) The location of any recorded public easement, such as easements for storm drains, water lines, and other public rights of way.(b) (1) A development proponent that submits a preliminary application pursuant to this section may include in its preliminary application a request for a preliminary fee and exaction estimate. A local agency shall comply with the request of the development proponent within 10 business days of the submission of the preliminary application unless the local government otherwise determines that the preliminary application does not include all of the information required by subdivision (a). (2) For purposes of this subdivision:(A) Fee and exaction mean the same as those terms are defined in Section 65940.1.(B) Fee and exaction estimate means a good faith estimate of the total amount of fees and exactions expected to be imposed in connection with the project.(3) Except for the provision of the fee and exaction estimate by the local agency, nothing in this subdivision shall create or affect any rights or obligations with respect to fees or exactions.(b)(c) (1) Each local agency shall compile a checklist and application form that applicants for housing development projects may use for the purpose of satisfying the requirements for submittal of a preliminary application.(2) The Department of Housing and Community Development shall adopt a standardized form that applicants for housing development projects may use for the purpose of satisfying the requirements for submittal of a preliminary application if a local agency has not developed its own application form pursuant to paragraph (1). Adoption of the standardized form shall not be subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.(3) A checklist or form shall not require or request any information beyond that expressly identified in subdivision (a).(c)(d) After submittal of all of the information required by subdivision (a), if the development proponent revises the project such that the number of residential units or square footage of construction changes by 20 percent or more, exclusive of any increase resulting from the receipt of a density bonus, incentive, concession, waiver, or similar provision, the housing development project shall not be deemed to have submitted a preliminary application that satisfies this section until the development proponent resubmits the information required by subdivision (a) so that it reflects the revisions. For purposes of this subdivision, square footage of construction means the building area, as defined by the California Building Standards Code (Title 24 of the California Code of Regulations).(d)(e) (1) Within 180 calendar days after submitting a preliminary application with all of the information required by subdivision (a) to a city, county, or city and county, the development proponent shall submit an application for a development project that includes all of the information required to process the development application consistent with Sections 65940, 65941, and 65941.5.(2) If the public agency determines that the application for the development project is not complete pursuant to Section 65943, the development proponent shall submit the specific information needed to complete the application within 90 days of receiving the agencys written identification of the necessary information. If the development proponent does not submit this information within the 90-day period, then the preliminary application shall expire and have no further force or effect.(3) This section shall not require an affirmative determination by a city, county, or city and county regarding the completeness of a preliminary application or a development application for purposes of compliance with this section.(e)(f) Notwithstanding any other law, submission of a preliminary application in accordance with this section shall not preclude the listing of a tribal cultural resource on a national, state, tribal, or local historic register list on or after the date that the preliminary application is submitted. For purposes of Section 65589.5 or any other law, the listing of a tribal cultural site on a national, state, tribal, or local historic register on or after the date the preliminary application was submitted shall not be deemed to be a change to the ordinances, policies, and standards adopted and in effect at the time that the preliminary application was submitted.(f)(g) This section shall remain in effect only until January 1, 2030, and as of that date is repealed.
65941.1. (a) An applicant for a housing development project, as defined in paragraph (3) of subdivision (b) of Section 65905.5, shall be deemed to have submitted a preliminary application upon providing all of the following information about the proposed project to the city, county, or city and county from which approval for the project is being sought and upon payment of the permit processing fee:(1) The specific location, including parcel numbers, a legal description, and site address, if applicable.(2) The existing uses on the project site and identification of major physical alterations to the property on which the project is to be located.(3) A site plan showing the location on the property, elevations showing design, color, and material, and the massing, height, and approximate square footage, of each building that is to be occupied.(4) The proposed land uses by number of units and square feet of residential and nonresidential development using the categories in the applicable zoning ordinance.(5) The proposed number of parking spaces.(6) Any proposed point sources of air or water pollutants.(7) Any species of special concern known to occur on the property.(8) Whether a portion of the property is located within any of the following:(A) A very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to Section 51178.(B) Wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).(C) A hazardous waste site that is listed pursuant to Section 65962.5 or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Article 5 (commencing with Section 78760) of Chapter 4 of Part 2 of Division 45 of the Health and Safety Code.(D) A special flood hazard area subject to inundation by the 1 percent annual chance flood (100-year flood) as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency.(E) A delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law (Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code), and by any local building department under Chapter 12.2 (commencing with Section 8875) of Division 1 of Title 2.(F) A stream or other resource that may be subject to a streambed alteration agreement pursuant to Chapter 6 (commencing with Section 1600) of Division 2 of the Fish and Game Code.(9) Any historic or cultural resources known to exist on the property.(10) The number of proposed below market rate units and their affordability levels.(11) The number of bonus units and any incentives, concessions, waivers, or parking reductions requested pursuant to Section 65915.(12) Whether any approvals under the Subdivision Map Act, including, but not limited to, a parcel map, a tentative map, or a condominium map, are being requested.(13) The applicants contact information and, if the applicant does not own the property, consent from the property owner to submit the application.(14) For a housing development project proposed to be located within the coastal zone, whether any portion of the property contains any of the following:(A) Wetlands, as defined in subdivision (b) of Section 13577 of Title 14 of the California Code of Regulations.(B) Environmentally sensitive habitat areas, as defined in Section 30240 of the Public Resources Code.(C) A tsunami run-up zone.(D) Use of the site for public access to or along the coast.(15) The number of existing residential units on the project site that will be demolished and whether each existing unit is occupied or unoccupied.(16) A site map showing a stream or other resource that may be subject to a streambed alteration agreement pursuant to Chapter 6 (commencing with Section 1600) of Division 2 of the Fish and Game Code and an aerial site photograph showing existing site conditions of environmental site features that would be subject to regulations by a public agency, including creeks and wetlands.(17) The location of any recorded public easement, such as easements for storm drains, water lines, and other public rights of way.(b) (1) A development proponent that submits a preliminary application pursuant to this section may include in its preliminary application a request for a preliminary fee and exaction estimate. A local agency shall comply with the request of the development proponent within 10 business days of the submission of the preliminary application unless the local government otherwise determines that the preliminary application does not include all of the information required by subdivision (a). (2) For purposes of this subdivision:(A) Fee and exaction mean the same as those terms are defined in Section 65940.1.(B) Fee and exaction estimate means a good faith estimate of the total amount of fees and exactions expected to be imposed in connection with the project.(3) Except for the provision of the fee and exaction estimate by the local agency, nothing in this subdivision shall create or affect any rights or obligations with respect to fees or exactions.(b)(c) (1) Each local agency shall compile a checklist and application form that applicants for housing development projects may use for the purpose of satisfying the requirements for submittal of a preliminary application.(2) The Department of Housing and Community Development shall adopt a standardized form that applicants for housing development projects may use for the purpose of satisfying the requirements for submittal of a preliminary application if a local agency has not developed its own application form pursuant to paragraph (1). Adoption of the standardized form shall not be subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.(3) A checklist or form shall not require or request any information beyond that expressly identified in subdivision (a).(c)(d) After submittal of all of the information required by subdivision (a), if the development proponent revises the project such that the number of residential units or square footage of construction changes by 20 percent or more, exclusive of any increase resulting from the receipt of a density bonus, incentive, concession, waiver, or similar provision, the housing development project shall not be deemed to have submitted a preliminary application that satisfies this section until the development proponent resubmits the information required by subdivision (a) so that it reflects the revisions. For purposes of this subdivision, square footage of construction means the building area, as defined by the California Building Standards Code (Title 24 of the California Code of Regulations).(d)(e) (1) Within 180 calendar days after submitting a preliminary application with all of the information required by subdivision (a) to a city, county, or city and county, the development proponent shall submit an application for a development project that includes all of the information required to process the development application consistent with Sections 65940, 65941, and 65941.5.(2) If the public agency determines that the application for the development project is not complete pursuant to Section 65943, the development proponent shall submit the specific information needed to complete the application within 90 days of receiving the agencys written identification of the necessary information. If the development proponent does not submit this information within the 90-day period, then the preliminary application shall expire and have no further force or effect.(3) This section shall not require an affirmative determination by a city, county, or city and county regarding the completeness of a preliminary application or a development application for purposes of compliance with this section.(e)(f) Notwithstanding any other law, submission of a preliminary application in accordance with this section shall not preclude the listing of a tribal cultural resource on a national, state, tribal, or local historic register list on or after the date that the preliminary application is submitted. For purposes of Section 65589.5 or any other law, the listing of a tribal cultural site on a national, state, tribal, or local historic register on or after the date the preliminary application was submitted shall not be deemed to be a change to the ordinances, policies, and standards adopted and in effect at the time that the preliminary application was submitted.(f)(g) This section shall remain in effect only until January 1, 2030, and as of that date is repealed.
65941.1. (a) An applicant for a housing development project, as defined in paragraph (3) of subdivision (b) of Section 65905.5, shall be deemed to have submitted a preliminary application upon providing all of the following information about the proposed project to the city, county, or city and county from which approval for the project is being sought and upon payment of the permit processing fee:(1) The specific location, including parcel numbers, a legal description, and site address, if applicable.(2) The existing uses on the project site and identification of major physical alterations to the property on which the project is to be located.(3) A site plan showing the location on the property, elevations showing design, color, and material, and the massing, height, and approximate square footage, of each building that is to be occupied.(4) The proposed land uses by number of units and square feet of residential and nonresidential development using the categories in the applicable zoning ordinance.(5) The proposed number of parking spaces.(6) Any proposed point sources of air or water pollutants.(7) Any species of special concern known to occur on the property.(8) Whether a portion of the property is located within any of the following:(A) A very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to Section 51178.(B) Wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).(C) A hazardous waste site that is listed pursuant to Section 65962.5 or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Article 5 (commencing with Section 78760) of Chapter 4 of Part 2 of Division 45 of the Health and Safety Code.(D) A special flood hazard area subject to inundation by the 1 percent annual chance flood (100-year flood) as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency.(E) A delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law (Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code), and by any local building department under Chapter 12.2 (commencing with Section 8875) of Division 1 of Title 2.(F) A stream or other resource that may be subject to a streambed alteration agreement pursuant to Chapter 6 (commencing with Section 1600) of Division 2 of the Fish and Game Code.(9) Any historic or cultural resources known to exist on the property.(10) The number of proposed below market rate units and their affordability levels.(11) The number of bonus units and any incentives, concessions, waivers, or parking reductions requested pursuant to Section 65915.(12) Whether any approvals under the Subdivision Map Act, including, but not limited to, a parcel map, a tentative map, or a condominium map, are being requested.(13) The applicants contact information and, if the applicant does not own the property, consent from the property owner to submit the application.(14) For a housing development project proposed to be located within the coastal zone, whether any portion of the property contains any of the following:(A) Wetlands, as defined in subdivision (b) of Section 13577 of Title 14 of the California Code of Regulations.(B) Environmentally sensitive habitat areas, as defined in Section 30240 of the Public Resources Code.(C) A tsunami run-up zone.(D) Use of the site for public access to or along the coast.(15) The number of existing residential units on the project site that will be demolished and whether each existing unit is occupied or unoccupied.(16) A site map showing a stream or other resource that may be subject to a streambed alteration agreement pursuant to Chapter 6 (commencing with Section 1600) of Division 2 of the Fish and Game Code and an aerial site photograph showing existing site conditions of environmental site features that would be subject to regulations by a public agency, including creeks and wetlands.(17) The location of any recorded public easement, such as easements for storm drains, water lines, and other public rights of way.(b) (1) A development proponent that submits a preliminary application pursuant to this section may include in its preliminary application a request for a preliminary fee and exaction estimate. A local agency shall comply with the request of the development proponent within 10 business days of the submission of the preliminary application unless the local government otherwise determines that the preliminary application does not include all of the information required by subdivision (a). (2) For purposes of this subdivision:(A) Fee and exaction mean the same as those terms are defined in Section 65940.1.(B) Fee and exaction estimate means a good faith estimate of the total amount of fees and exactions expected to be imposed in connection with the project.(3) Except for the provision of the fee and exaction estimate by the local agency, nothing in this subdivision shall create or affect any rights or obligations with respect to fees or exactions.(b)(c) (1) Each local agency shall compile a checklist and application form that applicants for housing development projects may use for the purpose of satisfying the requirements for submittal of a preliminary application.(2) The Department of Housing and Community Development shall adopt a standardized form that applicants for housing development projects may use for the purpose of satisfying the requirements for submittal of a preliminary application if a local agency has not developed its own application form pursuant to paragraph (1). Adoption of the standardized form shall not be subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.(3) A checklist or form shall not require or request any information beyond that expressly identified in subdivision (a).(c)(d) After submittal of all of the information required by subdivision (a), if the development proponent revises the project such that the number of residential units or square footage of construction changes by 20 percent or more, exclusive of any increase resulting from the receipt of a density bonus, incentive, concession, waiver, or similar provision, the housing development project shall not be deemed to have submitted a preliminary application that satisfies this section until the development proponent resubmits the information required by subdivision (a) so that it reflects the revisions. For purposes of this subdivision, square footage of construction means the building area, as defined by the California Building Standards Code (Title 24 of the California Code of Regulations).(d)(e) (1) Within 180 calendar days after submitting a preliminary application with all of the information required by subdivision (a) to a city, county, or city and county, the development proponent shall submit an application for a development project that includes all of the information required to process the development application consistent with Sections 65940, 65941, and 65941.5.(2) If the public agency determines that the application for the development project is not complete pursuant to Section 65943, the development proponent shall submit the specific information needed to complete the application within 90 days of receiving the agencys written identification of the necessary information. If the development proponent does not submit this information within the 90-day period, then the preliminary application shall expire and have no further force or effect.(3) This section shall not require an affirmative determination by a city, county, or city and county regarding the completeness of a preliminary application or a development application for purposes of compliance with this section.(e)(f) Notwithstanding any other law, submission of a preliminary application in accordance with this section shall not preclude the listing of a tribal cultural resource on a national, state, tribal, or local historic register list on or after the date that the preliminary application is submitted. For purposes of Section 65589.5 or any other law, the listing of a tribal cultural site on a national, state, tribal, or local historic register on or after the date the preliminary application was submitted shall not be deemed to be a change to the ordinances, policies, and standards adopted and in effect at the time that the preliminary application was submitted.(f)(g) This section shall remain in effect only until January 1, 2030, and as of that date is repealed.
65941.1. (a) An applicant for a housing development project, as defined in paragraph (3) of subdivision (b) of Section 65905.5, shall be deemed to have submitted a preliminary application upon providing all of the following information about the proposed project to the city, county, or city and county from which approval for the project is being sought and upon payment of the permit processing fee:
(1) The specific location, including parcel numbers, a legal description, and site address, if applicable.
(2) The existing uses on the project site and identification of major physical alterations to the property on which the project is to be located.
(3) A site plan showing the location on the property, elevations showing design, color, and material, and the massing, height, and approximate square footage, of each building that is to be occupied.
(4) The proposed land uses by number of units and square feet of residential and nonresidential development using the categories in the applicable zoning ordinance.
(5) The proposed number of parking spaces.
(6) Any proposed point sources of air or water pollutants.
(7) Any species of special concern known to occur on the property.
(8) Whether a portion of the property is located within any of the following:
(A) A very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to Section 51178.
(B) Wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).
(C) A hazardous waste site that is listed pursuant to Section 65962.5 or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Article 5 (commencing with Section 78760) of Chapter 4 of Part 2 of Division 45 of the Health and Safety Code.
(D) A special flood hazard area subject to inundation by the 1 percent annual chance flood (100-year flood) as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency.
(E) A delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law (Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code), and by any local building department under Chapter 12.2 (commencing with Section 8875) of Division 1 of Title 2.
(F) A stream or other resource that may be subject to a streambed alteration agreement pursuant to Chapter 6 (commencing with Section 1600) of Division 2 of the Fish and Game Code.
(9) Any historic or cultural resources known to exist on the property.
(10) The number of proposed below market rate units and their affordability levels.
(11) The number of bonus units and any incentives, concessions, waivers, or parking reductions requested pursuant to Section 65915.
(12) Whether any approvals under the Subdivision Map Act, including, but not limited to, a parcel map, a tentative map, or a condominium map, are being requested.
(13) The applicants contact information and, if the applicant does not own the property, consent from the property owner to submit the application.
(14) For a housing development project proposed to be located within the coastal zone, whether any portion of the property contains any of the following:
(A) Wetlands, as defined in subdivision (b) of Section 13577 of Title 14 of the California Code of Regulations.
(B) Environmentally sensitive habitat areas, as defined in Section 30240 of the Public Resources Code.
(C) A tsunami run-up zone.
(D) Use of the site for public access to or along the coast.
(15) The number of existing residential units on the project site that will be demolished and whether each existing unit is occupied or unoccupied.
(16) A site map showing a stream or other resource that may be subject to a streambed alteration agreement pursuant to Chapter 6 (commencing with Section 1600) of Division 2 of the Fish and Game Code and an aerial site photograph showing existing site conditions of environmental site features that would be subject to regulations by a public agency, including creeks and wetlands.
(17) The location of any recorded public easement, such as easements for storm drains, water lines, and other public rights of way.
(b) (1) A development proponent that submits a preliminary application pursuant to this section may include in its preliminary application a request for a preliminary fee and exaction estimate. A local agency shall comply with the request of the development proponent within 10 business days of the submission of the preliminary application unless the local government otherwise determines that the preliminary application does not include all of the information required by subdivision (a).
(2) For purposes of this subdivision:
(A) Fee and exaction mean the same as those terms are defined in Section 65940.1.
(B) Fee and exaction estimate means a good faith estimate of the total amount of fees and exactions expected to be imposed in connection with the project.
(3) Except for the provision of the fee and exaction estimate by the local agency, nothing in this subdivision shall create or affect any rights or obligations with respect to fees or exactions.
(b)
(c) (1) Each local agency shall compile a checklist and application form that applicants for housing development projects may use for the purpose of satisfying the requirements for submittal of a preliminary application.
(2) The Department of Housing and Community Development shall adopt a standardized form that applicants for housing development projects may use for the purpose of satisfying the requirements for submittal of a preliminary application if a local agency has not developed its own application form pursuant to paragraph (1). Adoption of the standardized form shall not be subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
(3) A checklist or form shall not require or request any information beyond that expressly identified in subdivision (a).
(c)
(d) After submittal of all of the information required by subdivision (a), if the development proponent revises the project such that the number of residential units or square footage of construction changes by 20 percent or more, exclusive of any increase resulting from the receipt of a density bonus, incentive, concession, waiver, or similar provision, the housing development project shall not be deemed to have submitted a preliminary application that satisfies this section until the development proponent resubmits the information required by subdivision (a) so that it reflects the revisions. For purposes of this subdivision, square footage of construction means the building area, as defined by the California Building Standards Code (Title 24 of the California Code of Regulations).
(d)
(e) (1) Within 180 calendar days after submitting a preliminary application with all of the information required by subdivision (a) to a city, county, or city and county, the development proponent shall submit an application for a development project that includes all of the information required to process the development application consistent with Sections 65940, 65941, and 65941.5.
(2) If the public agency determines that the application for the development project is not complete pursuant to Section 65943, the development proponent shall submit the specific information needed to complete the application within 90 days of receiving the agencys written identification of the necessary information. If the development proponent does not submit this information within the 90-day period, then the preliminary application shall expire and have no further force or effect.
(3) This section shall not require an affirmative determination by a city, county, or city and county regarding the completeness of a preliminary application or a development application for purposes of compliance with this section.
(e)
(f) Notwithstanding any other law, submission of a preliminary application in accordance with this section shall not preclude the listing of a tribal cultural resource on a national, state, tribal, or local historic register list on or after the date that the preliminary application is submitted. For purposes of Section 65589.5 or any other law, the listing of a tribal cultural site on a national, state, tribal, or local historic register on or after the date the preliminary application was submitted shall not be deemed to be a change to the ordinances, policies, and standards adopted and in effect at the time that the preliminary application was submitted.
(f)
(g) This section shall remain in effect only until January 1, 2030, and as of that date is repealed.
SEC. 2. Section 65943.1 is added to the Government Code, to read:65943.1. (a) A public agency that determines an application for a housing development project is complete pursuant to Section 65943 shall provide the development proponent with an itemized list and total sum amount of all fees and exactions that will apply to the project with its formal determination of completeness transmitted to the applicant.(b) For purposes of complying with subdivision (a), a public agency that calculates fees using a cost recovery method to cover administrative cost shall provide fee estimates for those cost recovery fees based on the average amount of the fees imposed on similar projects.(c) For purposes of this section:(1) (A) Exaction means any of the following:(i) A construction excise tax.(ii) A requirement that the housing development project provide public art or an in-lieu payment.(iii) Dedications of parkland or in-lieu fees imposed pursuant to Section 66477.(iv) A special tax levied on new housing units pursuant to the Mello-Roos Community Facilities Act of 1982 (Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5).(B) Exaction does not include fees or charges pursuant to Section 66013 that are not imposed (i) in connection with issuing or approving a permit for development or (ii) as a condition of approval of a proposed development, as held in Capistrano Beach Water Dist. v. Taj Development Corp. (1999) 72 Cal.App.4th 524.(2) Fee means a fee or charge described in the Mitigation Fee Act (Chapter 5 (commencing with Section 66000), Chapter 6 (commencing with Section 66010), Chapter 7 (commencing with Section 66012), Chapter 8 (commencing with Section 66016), and Chapter 9 (commencing with Section 66020)).(3) Housing development project means a use consisting of any of the following:(A) Residential units only.(B) Mixed-use developments consisting of residential and nonresidential uses with at least two-thirds of the square footage designated for residential use.(C) Transitional housing or supportive housing.(4) Public agency means a city, including a charter city, a county, including a charter county, or special district.
SEC. 2. Section 65943.1 is added to the Government Code, to read:
### SEC. 2.
65943.1. (a) A public agency that determines an application for a housing development project is complete pursuant to Section 65943 shall provide the development proponent with an itemized list and total sum amount of all fees and exactions that will apply to the project with its formal determination of completeness transmitted to the applicant.(b) For purposes of complying with subdivision (a), a public agency that calculates fees using a cost recovery method to cover administrative cost shall provide fee estimates for those cost recovery fees based on the average amount of the fees imposed on similar projects.(c) For purposes of this section:(1) (A) Exaction means any of the following:(i) A construction excise tax.(ii) A requirement that the housing development project provide public art or an in-lieu payment.(iii) Dedications of parkland or in-lieu fees imposed pursuant to Section 66477.(iv) A special tax levied on new housing units pursuant to the Mello-Roos Community Facilities Act of 1982 (Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5).(B) Exaction does not include fees or charges pursuant to Section 66013 that are not imposed (i) in connection with issuing or approving a permit for development or (ii) as a condition of approval of a proposed development, as held in Capistrano Beach Water Dist. v. Taj Development Corp. (1999) 72 Cal.App.4th 524.(2) Fee means a fee or charge described in the Mitigation Fee Act (Chapter 5 (commencing with Section 66000), Chapter 6 (commencing with Section 66010), Chapter 7 (commencing with Section 66012), Chapter 8 (commencing with Section 66016), and Chapter 9 (commencing with Section 66020)).(3) Housing development project means a use consisting of any of the following:(A) Residential units only.(B) Mixed-use developments consisting of residential and nonresidential uses with at least two-thirds of the square footage designated for residential use.(C) Transitional housing or supportive housing.(4) Public agency means a city, including a charter city, a county, including a charter county, or special district.
65943.1. (a) A public agency that determines an application for a housing development project is complete pursuant to Section 65943 shall provide the development proponent with an itemized list and total sum amount of all fees and exactions that will apply to the project with its formal determination of completeness transmitted to the applicant.(b) For purposes of complying with subdivision (a), a public agency that calculates fees using a cost recovery method to cover administrative cost shall provide fee estimates for those cost recovery fees based on the average amount of the fees imposed on similar projects.(c) For purposes of this section:(1) (A) Exaction means any of the following:(i) A construction excise tax.(ii) A requirement that the housing development project provide public art or an in-lieu payment.(iii) Dedications of parkland or in-lieu fees imposed pursuant to Section 66477.(iv) A special tax levied on new housing units pursuant to the Mello-Roos Community Facilities Act of 1982 (Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5).(B) Exaction does not include fees or charges pursuant to Section 66013 that are not imposed (i) in connection with issuing or approving a permit for development or (ii) as a condition of approval of a proposed development, as held in Capistrano Beach Water Dist. v. Taj Development Corp. (1999) 72 Cal.App.4th 524.(2) Fee means a fee or charge described in the Mitigation Fee Act (Chapter 5 (commencing with Section 66000), Chapter 6 (commencing with Section 66010), Chapter 7 (commencing with Section 66012), Chapter 8 (commencing with Section 66016), and Chapter 9 (commencing with Section 66020)).(3) Housing development project means a use consisting of any of the following:(A) Residential units only.(B) Mixed-use developments consisting of residential and nonresidential uses with at least two-thirds of the square footage designated for residential use.(C) Transitional housing or supportive housing.(4) Public agency means a city, including a charter city, a county, including a charter county, or special district.
65943.1. (a) A public agency that determines an application for a housing development project is complete pursuant to Section 65943 shall provide the development proponent with an itemized list and total sum amount of all fees and exactions that will apply to the project with its formal determination of completeness transmitted to the applicant.(b) For purposes of complying with subdivision (a), a public agency that calculates fees using a cost recovery method to cover administrative cost shall provide fee estimates for those cost recovery fees based on the average amount of the fees imposed on similar projects.(c) For purposes of this section:(1) (A) Exaction means any of the following:(i) A construction excise tax.(ii) A requirement that the housing development project provide public art or an in-lieu payment.(iii) Dedications of parkland or in-lieu fees imposed pursuant to Section 66477.(iv) A special tax levied on new housing units pursuant to the Mello-Roos Community Facilities Act of 1982 (Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5).(B) Exaction does not include fees or charges pursuant to Section 66013 that are not imposed (i) in connection with issuing or approving a permit for development or (ii) as a condition of approval of a proposed development, as held in Capistrano Beach Water Dist. v. Taj Development Corp. (1999) 72 Cal.App.4th 524.(2) Fee means a fee or charge described in the Mitigation Fee Act (Chapter 5 (commencing with Section 66000), Chapter 6 (commencing with Section 66010), Chapter 7 (commencing with Section 66012), Chapter 8 (commencing with Section 66016), and Chapter 9 (commencing with Section 66020)).(3) Housing development project means a use consisting of any of the following:(A) Residential units only.(B) Mixed-use developments consisting of residential and nonresidential uses with at least two-thirds of the square footage designated for residential use.(C) Transitional housing or supportive housing.(4) Public agency means a city, including a charter city, a county, including a charter county, or special district.
65943.1. (a) A public agency that determines an application for a housing development project is complete pursuant to Section 65943 shall provide the development proponent with an itemized list and total sum amount of all fees and exactions that will apply to the project with its formal determination of completeness transmitted to the applicant.
(b) For purposes of complying with subdivision (a), a public agency that calculates fees using a cost recovery method to cover administrative cost shall provide fee estimates for those cost recovery fees based on the average amount of the fees imposed on similar projects.
(c) For purposes of this section:
(1) (A) Exaction means any of the following:
(i) A construction excise tax.
(ii) A requirement that the housing development project provide public art or an in-lieu payment.
(iii) Dedications of parkland or in-lieu fees imposed pursuant to Section 66477.
(iv) A special tax levied on new housing units pursuant to the Mello-Roos Community Facilities Act of 1982 (Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5).
(B) Exaction does not include fees or charges pursuant to Section 66013 that are not imposed (i) in connection with issuing or approving a permit for development or (ii) as a condition of approval of a proposed development, as held in Capistrano Beach Water Dist. v. Taj Development Corp. (1999) 72 Cal.App.4th 524.
(2) Fee means a fee or charge described in the Mitigation Fee Act (Chapter 5 (commencing with Section 66000), Chapter 6 (commencing with Section 66010), Chapter 7 (commencing with Section 66012), Chapter 8 (commencing with Section 66016), and Chapter 9 (commencing with Section 66020)).
(3) Housing development project means a use consisting of any of the following:
(A) Residential units only.
(B) Mixed-use developments consisting of residential and nonresidential uses with at least two-thirds of the square footage designated for residential use.
(C) Transitional housing or supportive housing.
(4) Public agency means a city, including a charter city, a county, including a charter county, or special district.
SEC. 3. The Legislature finds and declares all of the following: (a) A recent study conducted by the Terner Center for Housing Innovation at the University of California, Berkeley, found that fees and exactions can amount to up to 18 percent of the median home price, that these fees and exactions are extremely difficult to estimate, and that fees and exactions continue to rise in California while decreasing nationally. Further, escalating fee and exaction costs make it more difficult for builders to deliver new housing for sale or rent at affordable prices.(b) Ensuring access to affordable housing is a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 1 of this act amending Section 65941.1 of the Government Code, and Section 2 of this act adding Section 65943.1 to the Government Code apply to all cities, including charter cities.
SEC. 3. The Legislature finds and declares all of the following: (a) A recent study conducted by the Terner Center for Housing Innovation at the University of California, Berkeley, found that fees and exactions can amount to up to 18 percent of the median home price, that these fees and exactions are extremely difficult to estimate, and that fees and exactions continue to rise in California while decreasing nationally. Further, escalating fee and exaction costs make it more difficult for builders to deliver new housing for sale or rent at affordable prices.(b) Ensuring access to affordable housing is a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 1 of this act amending Section 65941.1 of the Government Code, and Section 2 of this act adding Section 65943.1 to the Government Code apply to all cities, including charter cities.
SEC. 3. The Legislature finds and declares all of the following:
### SEC. 3.
(a) A recent study conducted by the Terner Center for Housing Innovation at the University of California, Berkeley, found that fees and exactions can amount to up to 18 percent of the median home price, that these fees and exactions are extremely difficult to estimate, and that fees and exactions continue to rise in California while decreasing nationally. Further, escalating fee and exaction costs make it more difficult for builders to deliver new housing for sale or rent at affordable prices.
(b) Ensuring access to affordable housing is a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 1 of this act amending Section 65941.1 of the Government Code, and Section 2 of this act adding Section 65943.1 to the Government Code apply to all cities, including charter cities.
SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.
SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.
SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.
### SEC. 4.