AB 2234 - NYU Furman Center

State Land Use Enacted Legislation

Bill #	State	Year	Party	Topic
AB 2234	CA	2022	D	Appeals, Deadlines, Streamline application, Written findings, burden and standard of proof

Provided by Furman

Summary

Defines postentitlement phase permits to include all nondiscretionary permits and reviews filed after conclusion of the entitlement process, such as building permit and standard or minor permits for off-site improvements, demolition, or excavation and grading.
Requires local agencies to compile lists detailing required information for an application for a postentitlement phase permit and to post an example of a complete, approved application for at least five types of housing development projects, including accessory dwelling units, duplexes, multifamily, mixed use, and townhomes;
Outlines the application review process for postentitlement phase permits, requiring local agencies to:

Determine whether an application for a postentitlement phase permit is complete and to notify the applicant within 15 business days after receiving the application;
Provide applicants with a list of incomplete items and explanations of how to rectify the omissions after determining an application is incomplete;
Allow applicants to cure and address incomplete items;
Determine whether the additional information has remedied all incomplete items within 15 days;

Deems applications to be complete if a local agency has not made a determination on completeness within 15 business days;
Requires local agencies to review and approve or provide comments requesting revisions within 30 business days for projects with 25 units or fewer and within 60 business days for projects with 26 units or more;
Allows applicants to remedy applications deemed noncompliant by a local agency;
Requires local agencies to provide an appeal process for applicants denied or determined to be noncompliant, which must result in a final written determination within 60 business days for housing projects of 25 units or fewer and within 90 business days for housing projects of 26 units or more.