Permit Streamlining Act: housing development projects: conformity with ordinances and standards., the official text

An act to add Section 65958 to the Government Code, relating to housing.

LEGISLATIVE COUNSEL'S DIGEST

The Permit Streamlining Act, among other things, requires public agencies to approve or disapprove of a development project within certain timeframes, as specified. The act requires public agencies to compile one or more lists that specify in detail the information that will be required from any applicant for a development project. The act requires a public agency, upon its determination that an application for a development project is incomplete, to include a list and a thorough description of the specific information needed to complete the application.
This bill would provide that for the purposes of the Permit Streamlining Act, a housing development project or emergency shelter shall be deemed consistent, compliant, and in conformity with an applicable plan, program, policy, ordinance, standard, requirement, or other similar provision adopted or implemented by a public agency, as defined, if there is substantial evidence that would allow a reasonable person to conclude that the housing development project or emergency shelter is consistent, compliant, or in conformity, except as specified.
By imposing additional duties on local agencies, this bill would impose a state-mandated local program.
The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.

The people of the State of California do enact as follows:

SECTION 1.
Section 65958 is added to the Government Code, to read:
65958.
(a) For purposes of this chapter, a development project that is a housing development project, as defined in Section 65589.5, or an emergency shelter, as defined in Section 50801 of the Health and Safety Code, shall be deemed consistent, compliant, and in conformity with an applicable plan, program, policy, ordinance, standard, requirement, or other similar provision adopted or implemented by a public agency if there is substantial evidence that would allow a reasonable person to conclude that the housing development project or emergency shelter is consistent, compliant, or in conformity.
(b) (1) This section shall not apply to any portion of a housing development project that is designated for use as a hotel, motel, bed and breakfast inn, or other transient lodging.
(2) For purposes of this subdivision, the term “other transient lodging” does not include either of the following:
(A) A residential hotel, as defined in Section 50519 of the Health and Safety Code.
(B) After the issuance of a certificate of occupancy, a resident’s use or marketing of a unit as short-term lodging, as defined in Section 17568.8 of the Business and Professions Code, in a manner consistent with local law.

SEC. 2.
The Legislature finds and declares that providing certainty to applicants for housing development projects with respect to the interpretation and applicability of public agency regulatory standards and requirements is vital for ensuring the availability and feasibility of new housing is a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 1 of this act adding Section 65958 to the Government Code applies to all cities, including charter cities.

SEC. 3.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B 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.