Planning and zoning: housing development projects: postentitlement phase permits: state agencies.

Schiavo and Rivas, joined by principal coauthors Haney and Wicks, advance a measure that broadens California’s streamlined postentitlement-phase permit framework to encompass state agencies, aligning information requirements, public exemplars, review timelines, and the appeals process with the existing local-government framework while declaring the act an urgent statute to take effect immediately. The core change is to apply the postentitlement-phase permitting regime—originally local-government focused—to state agencies as well, with a parallel set of duties, timeframes, and remedies.

Key provisions and mechanisms

The bill requires both local and state agencies to publish detailed information lists of what an applicant must provide for a postentitlement-phase permit, and to post examples of a complete, approved application and of a complete set of postentitlement-phase permits. Local agencies must have these posted for at least five housing-development types, with state agencies required to publish the analogous materials by a deadline several years later. Completeness determinations must occur within 15 business days of receipt, and if incomplete, a described list of missing items must be provided; applicants may cure, and cures may not introduce items beyond those originally listed. If an agency fails to make a timely determination, the application is deemed complete for purposes of the process.

The review timelines differentiate by project size: for developments of 25 units or fewer, the agency must issue a determination within 30 business days after completeness, while for 26 units or more, the deadline is 60 business days. Upon a determination of compliance, the permit may not be subject to further appeals or hearings. Time limits may be extended if the agency finds, by written findings based on substantial evidence, that a specific adverse health or safety impact warrants more time. If outside review is required, the time is tolled until the outside entity completes its review, with notice to the applicant and resumption of the remaining time. Appeals may be filed to the governing body or director; timelines for final determinations are 60 business days (25 units or fewer) or 90 business days (26+ units), and parallel avenues do not extend these periods. A state agency that misses time limits triggers a deemed-approval outcome for the permit and related reviews. The measure also preserves an option for mutually agreed extensions only when they facilitate concurrent processing of related approvals or environmental review.

Definitions and scope

The bill broadens the concept of a postentitlement-phase permit to include all nondiscretionary permits and reviews necessary to begin construction for developments that are at least two-thirds residential, with certain exclusions (federal permitting or enforcement under the Clean Water Act or Safe Drinking Water Act, discharges of waste to waters of the state, and utilities not owned/operated by a local agency). A threshold may be identified to distinguish “minor” versus “standard” permits, supported by written findings and adopted by ordinance. The term “state agency” adopts the breadth of the state’s general definitions, and the entire framework applies to state agencies in addition to local agencies, aligning their process with the existing regime for completeness, review, and appeals.

Implementation, enforcement, and fiscal context

The act is an urgency statute and takes immediate effect, with state-agency posting obligations specifically due by January 1, 2026, while local-agency posting obligations remain dated from January 1, 2024. The measure notes a mandatory fiscal-committee review but no new appropriation, signaling potential ongoing operating costs for agencies without a dedicated funding source. Enforcement distinguishes local agencies (violations trigger a statutory remedy) from state agencies (failure to meet time limits yields a deemed approval). The provision interacts with existing standards for environmental review and related processing, allowing extensions to accommodate concurrent processing where appropriate.

Broader policy context and coordination

By rendering state agencies subject to the same information-list, posting, completeness, review, and appeal mechanics as local agencies, the measure creates a more uniform, transparent path for postentitlement-phase permits across the state. The framework remains compatible with existing housing, environmental review, and building standards programs, including specified exclusions and cross-references to related provisions governing timing and notices. The expansion aims to eliminate friction between state and local permitting steps for predominantly residential developments, while preserving a structured, auditable timeline and a defined appeal process.