A new California law limits cities, counties, and state agencies to two plan reviews for a housing building permit, shortens appeal deadlines, and treats violations as breaking the Housing Accountability Act.
Cities, counties, and state agencies could ask for no more than two plan check reviews on a housing building permit, though builders could ask to submit again.
Inspectors could not demand changes that depart from an approved building plan unless they give written findings of a clear problem or a specific health or safety risk.
Review clocks would pause only when the law requires an independent agency's review, and the applicant would be told within three business days when it starts and ends.
Appeals must be decided within 30 or 45 business days, and builders could go to court to compel approval if the agency misses the deadline.
A local agency that breaks the permit rules would violate the Housing Accountability Act, and a state agency that does so would be treated as approving the permit.
A local or state agency may not require or request more than two plan check and specification reviews for a building permit application. It may deny a noncompliant application after two reviews, and the applicant may ask to submit again. It applies to building permits for housing development projects. The cap does not limit the number of submittals for other postentitlement permits, which are permits issued after land-use approval.
An agency may not require changes from a building inspection that depart from a previously approved building plan. It applies to inspections that check the building against approved plans. The agency may still do so if it gives written findings, based on substantial evidence, that a reasonable person could not read the approved plan as compliant, or that the change is needed to address a specific, adverse health or safety impact.
The review deadline pauses only if federal or state law requires another independent public agency to review the application first. The agency must tell the applicant when the pause starts and when it ends. It covers the time limits for reviewing postentitlement phase permits for housing development projects. Notice is due within three business days of the start and the end of the pause.
An agency must decide a written appeal within 30 business days for projects of 25 units or fewer, and within 45 business days for projects of 26 units or more. It applies to appeals of incomplete or noncompliant permit decisions, which go to the agency's governing body. If the appeal is denied, not decided on time, or no appeals process is provided, the applicant may ask a court for a writ of mandate, an order to compel approval. The deadlines run from receipt of the written appeal.
A local agency that breaks these permit rules would be in violation of the Housing Accountability Act, and failing to follow them would count as disapproving the housing project. A state agency that breaks the rules would be treated as having approved the permit.
No hearings or votes scheduled.