Housing developments: disasters: reconstruction of destroyed or damaged structures.

Senators Wahab and Richardson's proposal to streamline post-disaster housing reconstruction would establish new protections for property owners while creating standardized approval processes for rebuilding damaged structures. The legislation voids restrictive covenants that prevent reconstruction of disaster-damaged homes and implements mandatory timelines for local review of rebuilding applications.

Under the bill, homeowners associations and architectural review committees must process reconstruction applications within specific timeframes - 30 days to determine application completeness and an additional 30 business days to review compliant applications. Local governments would have 90 days to approve housing developments on parcels where structures were damaged or destroyed, provided they meet objective planning standards. The measure allows rebuilt homes to be up to 10% larger than original structures in both square footage and height.

The legislation creates a ministerial approval pathway for qualifying reconstruction projects while maintaining compliance with local building codes and setback requirements. Property owners who prevail in legal actions to enforce these provisions would be entitled to reasonable attorney's fees. The bill also temporarily prohibits local ordinances that prevent placement of manufactured homes or recreational vehicles during reconstruction for three years following a disaster declaration.

For implementation purposes, the measure defines disasters as formally declared emergencies at federal, state or local levels. The provisions would apply uniformly across California, including charter cities, as the Legislature determines post-disaster housing reconstruction to be a matter of statewide concern rather than a municipal affair.