Housing development approvals: residential units.

Assembly Member Mark González's BUILD Housing Act would establish a streamlined approval process for housing developments of up to eight units on lots with existing single-family homes or in zones designated for eight or fewer residential units. The bill requires these developments to include at least one deed-restricted affordable unit for households earning no more than 80% of area median income.

Local agencies must process these applications ministerially within 60 days, without discretionary review or public hearings. The legislation prohibits agencies from imposing development standards that would physically preclude construction, including restrictions on setbacks, height, lot coverage, floor area ratios, and parking requirements. Agencies may only deny applications if they demonstrate, through written findings, that a project would create specific, adverse impacts on public health and safety that cannot be mitigated.

The Department of Housing and Community Development gains expanded oversight authority to review local housing elements for compliance with the new provisions. The department can refer non-compliant jurisdictions to the Attorney General for enforcement action, potentially resulting in court-ordered compliance measures and fines directed to the Building Homes and Jobs Trust Fund. While qualifying projects are exempt from environmental review under CEQA, they remain ineligible for density bonuses and other development incentives under existing state law.

The bill applies to all California cities, including charter cities, reflecting legislative findings that adequate housing production amid the state's severe shortage constitutes a matter of statewide concern rather than a municipal affair. Local agencies retain authority to levy fees sufficient to cover implementation costs, eliminating the need for state reimbursement of mandated activities.