(a)
A housing development proponent may submit an application for a housing development that is subject to the streamlined, ministerial approval process provided in subdivision (b) and shall not be subject to a conditional use permit or any other discretionary approval if the housing development satisfies all of the following objective standards:
(1)
The housing development is located on a parcel on which a residential structure was destroyed or damaged in a disaster.
(2)
(A)
(i)
The housing development, excluding any additional density or any other concessions,
incentives, or waivers of development standards for which the housing development is eligible pursuant to the Density Bonus Law in Section 65915, is consistent with objective zoning standards, objective subdivision standards, and objective design review standards in effect at the time that the housing development is submitted to the local government pursuant to this section.
(ii)
Notwithstanding clause (i), a local agency shall waive any objective zoning standards, objective subdivision standards, and objective design review standards to the extent that they would preclude construction of a proposed housing development that does not exceed 110 percent of the square footage of the residential space that existed on the parcel prior to the disaster.
(B)
For purposes of this
paragraph, “objective zoning standards,” “objective subdivision standards,” and “objective design review standards” mean standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the housing development applicant or proponent and the public official before submittal. These standards may be embodied in alternative objective land use specifications adopted by a city or county, and may include, but are not limited to, housing overlay zones, specific plans, inclusionary zoning ordinances, and density bonus ordinances, subject to the following:
(i)
A housing development shall be deemed consistent with the objective zoning standards related to housing density, as applicable, if the density proposed is
compliant with the maximum density allowed within that land use designation, notwithstanding any specified maximum unit allocation that may result in fewer units of housing being permitted.
(ii)
In the event that objective zoning, general plan, subdivision, or design review standards are mutually inconsistent, a housing development shall be deemed consistent with the objective zoning and subdivision standards pursuant to this subdivision if the housing development is consistent with the standards set forth in the general plan.
(iii)
It is the intent of the Legislature that the objective zoning standards, objective subdivision standards, and objective design review standards described in this paragraph be adopted or amended in compliance with the requirements of Chapter 905 of the
Statutes of 2004.
(3)
The housing development proponent owned the site on the date of the disaster.
(4)
The housing development proponent complies with the labor standards described in paragraphs (8) and (9) of subdivision (a) of Section 65913.4.
(5)
The housing development is not on an existing parcel of land or site that is governed under the Mobilehome Residency Law (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2 of Division 2 of the Civil Code), the Recreational Vehicle Park Occupancy Law (Chapter 2.6 (commencing with Section 799.20) of Title 2 of Part 2 of Division 2 of the Civil Code), the Mobilehome Parks Act (Part 2.1 (commencing with Section 18200) of Division 13 of the Health and Safety
Code), or the Special Occupancy Parks Act (Part 2.3 (commencing with Section 18860) of Division 13 of the Health and Safety Code).
(6)
The housing development is not located within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance.
(b)
(1)
Notwithstanding any local law, if a local government’s planning director or equivalent position determines that a housing development submitted pursuant to this section is consistent with the objective planning standards specified in subdivision (a) and pursuant to paragraph (3) of this
subdivision, the local government shall approve the housing development within 90 days of the submittal of the housing development. Upon a determination that a housing development submitted pursuant to this section is in conflict with any of the objective planning standards specified in subdivision (a), the local government staff or relevant local planning and permitting department that made the determination shall provide the housing development proponent written documentation of which standard or standards the housing development conflicts with, and an explanation for the reason or reasons the housing development conflicts with that standard or standards, as follows:
(A)
Within 60 days of submittal of the housing development to the local government pursuant to this section.
(B)
Within 30 days of submittal of any housing development proposal that was resubmitted to address written feedback provided by the local government pursuant to this paragraph.
(2)
If the local government’s planning director or equivalent position fails to provide the required documentation pursuant to paragraph (1), the housing development shall be deemed to satisfy the objective planning standards specified in subdivision (a).
(3)
For purposes of this section, a housing development is consistent with the objective planning standards specified in subdivision (a) if there is substantial evidence that would allow a reasonable person to conclude that the housing development is consistent with the objective planning standards.
(4)
Upon submittal of an application for streamlined, ministerial approval pursuant to this section to the local government, all departments of the local government that are required to issue an approval of the housing development prior to the granting of an entitlement shall comply with the requirements of this section within the time periods specified in paragraph (1).
(c)
If a local government approves an application pursuant to this section, the local government shall not in any way inhibit, chill, or preclude the ministerial approval provided by this section or its effect.
