AB 2234 — Planning and zoning: housing: postentitlement phase permits.

Summary

(1) Existing law, the Permit Streamlining Act, which is part of the Planning and Zoning Law, requires each public agency to provide a development project applicant with a list that specifies the information that will be required from any applicant for a development project. The act requires public agencies to approve or disapprove of a development project within certain specified timeframes. Existing law requires a city, county, or special district to provide specified information, including a current schedule of fees, exactions, and affordability requirements applicable to a proposed housing development project, and an archive of impact fee nexus studies, cost of service studies, or equivalent studies, conducted by the city, county, or special district, on its internet website. The Housing Accountability Act, among other things, prohibits a local agency from disapproving, or conditioning approval in a manner that renders infeasible, specified housing development projects, including projects for very low, low, or moderate-income households and projects for emergency shelters, that comply with applicable, objective general plan, zoning, and subdivision standards and criteria in effect at the time the application for the project is deemed complete, unless the local agency makes specified written findings supported by a preponderance of the evidence in the record. The act authorizes a project applicant, a person who would be eligible to apply for residency in the housing development or emergency shelter, or a housing organization to bring a lawsuit to enforce its provisions. This bill would require a local agency to compile a list of information needed to approve or deny a postentitlement phase permit, as defined, to post an example of a complete, approved application and an example of a complete set of postentitlement phase permits for at least 5 types of housing development projects, as defined, in the jurisdiction, as specified, and to make those items available to all applicants for these permits no later than January 1, 2024. The bill would define "local agency" for these purposes to mean a city, county, or city and county. This bill would require a local agency, beginning on specified dates determined by population size, to provide an option for postentitlement phase permits to be applied for, completed, and retrieved by the applicant on its internet website, and accept applications for postentitlement phase permits and any related documentation by electronic mail until that process has been established. The bill would require the local agency to list on their internet website or provide by electronic mail upon request, as applicable, the current processing status of the applicant's permit. This bill would establish time limits for completing reviews regarding whether an application for a postentitlement phase permit is complete and compliant, and whether to approve or deny an application, as specified, and would make any failure to meet these time limits a disapproval of the housing development project and a violation of the Housing Accountability Act. The bill would define specified terms for its purposes. By imposing additional duties on local officials, the bill would impose a state-mandated local program. (2) The California Coastal Act of 1976 provides for the planning and regulation of development, under a coastal development permit process, within the coastal zone, as defined, based on various coastal resources planning and management policies set forth in the act. This bill would provide that the above provisions would not apply to permits required and issued by specified government agencies, including permits required and issued by the California Coastal Commission. (3) The Housing Accountability Act also requires a housing development project to be subject only to the ordinances, policies, and standards adopted and in effect when a preliminary application is submitted, except as specified. Existing law specifies the act does not prohibit a housing development project that is an affordable housing project from being subject to ordinances, policies, and standards adopted after the preliminary application was submitted if the project has not commenced construction within 3.5 years. Existing law defines "affordable housing project" for purposes of those provisions to mean a housing development in which units within the development are subject to a recorded affordability restriction for at least 55 years, among other things. This bill would instead require either that units within the development be subject to a recorded affordability restriction for at least 55 years for rental housing and 45 years for owner-occupied housing or that the first purchaser of each unit participate in an equity sharing agreement, as specified. (4) The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, counties, and cities and counties, including charter cities, counties, and cities and counties. (5) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

Bill Text

• Chaptered 09/28/22 - Chaptered Current pdf September 28, 2022
• Enrolled 08/29/22 - Enrolled pdf August 29, 2022
• Amended 08/18/22 - Amended Senate pdf August 18, 2022
• Amended 08/11/22 - Amended Senate pdf August 11, 2022
• Amended 06/23/22 - Amended Senate pdf June 23, 2022
• Amended 06/08/22 - Amended Senate pdf June 08, 2022
• Amended 05/02/22 - Amended Assembly pdf May 02, 2022
• Amended 04/06/22 - Amended Assembly pdf April 06, 2022
• Amended 03/29/22 - Amended Assembly pdf March 29, 2022
• Introduced 02/15/22 - Introduced pdf February 15, 2022
• AB2234 View text html

Action History

1. September 28, 2022

   Chaptered by Secretary of State - Chapter 651, Statutes of 2022.

2. September 28, 2022

   Approved by the Governor.

3. September 06, 2022

   Enrolled and presented to the Governor at 4 p.m.

4. August 25, 2022

   Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 72. Noes 0.).

5. August 25, 2022

   Assembly Rule 77(a) suspended.

6. August 24, 2022

   In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 26 pursuant to Assembly Rule 77.

7. August 24, 2022

   Read third time. Passed. Ordered to the Assembly. (Ayes 36. Noes 1. Page 5061.).

8. August 22, 2022

   Read second time. Ordered to third reading.

9. August 18, 2022

   Read third time and amended. Ordered to second reading.

10. August 15, 2022

    Read second time. Ordered to third reading.

11. August 11, 2022

    Read second time and amended. Ordered returned to second reading.

12. August 11, 2022

    From committee: Amend, and do pass as amended. (Ayes 6. Noes 0.) (August 11).

13. August 02, 2022

    In committee: Referred to suspense file.

14. June 23, 2022

    Read second time and amended. Re-referred to Com. on APPR.

15. June 22, 2022

    From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 8. Noes 0.) (June 21).

16. June 15, 2022

    From committee: Do pass and re-refer to Com. on HOUSING. (Ayes 5. Noes 0.) (June 15). Re-referred to Com. on HOUSING.

17. June 08, 2022

    From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on GOV. & F.

18. June 01, 2022

    Referred to Coms. on GOV. & F. and HOUSING.

19. May 26, 2022

    In Senate. Read first time. To Com. on RLS. for assignment.

20. May 25, 2022

    Read third time. Passed. Ordered to the Senate. (Ayes 74. Noes 0. Page 4921.)

21. May 19, 2022

    Read second time. Ordered to third reading.

22. May 18, 2022

    From committee: Do pass. (Ayes 15. Noes 0.) (May 18).

23. May 03, 2022

    Re-referred to Com. on APPR.

24. May 02, 2022

    Read second time and amended.

25. April 28, 2022

    From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (April 27).

26. April 20, 2022

    From committee: Do pass and re-refer to Com. on H. & C.D. (Ayes 7. Noes 0.) (April 20). Re-referred to Com. on H. & C.D.

27. April 07, 2022

    Re-referred to Com. on L. GOV.

28. April 06, 2022

    From committee chair, with author's amendments: Amend, and re-refer to Com. on L. GOV. Read second time and amended.

29. March 30, 2022

    Re-referred to Com. on L. GOV.

30. March 29, 2022

    From committee chair, with author's amendments: Amend, and re-refer to Com. on L. GOV. Read second time and amended.

31. February 24, 2022

    Referred to Coms. on L. GOV. and H. & C.D.

32. February 16, 2022

    From printer. May be heard in committee March 18.

33. February 15, 2022

    Read first time. To print.

Sponsors

• Robert Rivas · Primary
• Timothy S. Grayson · Cosponsor
• Buffy Wicks · Cosponsor
• Scott D. Wiener · Cosponsor

Votes

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