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Bill

AB 1710

Permit Streamlining Act: housing development projects: conformity with ordinances and standards.

2025-2026 Regular Session Introduced by Juan Carrillo and 1 co-sponsor

Strengthens the Housing Accountability Act to limit local disapproval of housing and emergency shelters unless written, evidentiary findings are shown, improving project feasibilit

Read second time and amended. Re-referred to Com. on APPR.
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Bill Summary · AB 1710

Summary of AB 1710 (2025-2026) – Housing developments: ordinances, policies, and standards

Purpose and intent

  • AB 1710 aims to strengthen California’s Housing Accountability Act (HAA) by clarifying and expanding what counts as “ordinances, policies, and standards” that public agencies may consider when evaluating housing developments, including emergency shelters.
  • The bill seeks to reduce local agency discretion to disapprove or condition housing projects for very low-, low-, or moderate-income households, or emergency shelters, unless specific written findings are made and demonstrated in the record.
  • It emphasizes statewide concern for housing affordability and supply, and it makes the obligations applicable to all cities, including charter cities.

Key provisions and changes

Expanded scope of “ordinances, policies, and standards”

  • The definition of “ordinances, policies, and standards” would be broadened to include:
    • General plan, community plan, specific plan, zoning, and design review standards.
    • Subdivision standards, including materials requirements.
    • Fees (development impact fees, capacity/connection fees, permit/processing fees, and other exactions).
    • Postentitlement permit standards.
    • Rules, regulations, and determinations adopted or implemented by other public agencies.
  • The bill adds explicit inclusion of materials requirements and postentitlement permit standards.

Application under the Permit Streamlining Act

  • The bill aligns HAA with the Permit Streamlining Act by treating housing developments and emergency shelters as consistent/compliant with applicable plans, programs, and standards if there is substantial evidence of consistency.
  • It requires public agencies to provide written documentation if they determine a housing project is inconsistent with existing standards, with specified timelines for notice.

Builder’s remedy and density

  • Special provisions apply to builder’s remedy projects, ensuring they can meet density and unit-type requirements even if local zoning/general plan designations differ, subject to objective standards.
  • It restricts local agencies from imposing development standards that would render builder’s remedy projects infeasible, and it expands density bonus incentives and concessions where applicable for these projects.

Local agency findings and feasibility

  • For housing developments or emergency shelters, local agencies must make written findings based on a preponderance of the evidence if disapproval or infeasible conditions are proposed.
  • Acceptable findings cover:
    • Compliance with the jurisdiction’s housing element and meeting/exceeding regional housing needs, or
    • Existence of a specific, adverse impact on public health or safety with no feasible mitigation that preserves project feasibility for low- and moderate-income households.

Enforcement and remedies

  • The bill preserves enforcement mechanisms, including:
    • Court action by applicants or housing organizations to compel compliance.
    • Potential attorney’s fees and costs awards to prevailing parties, with safeguards to discourage frivolous challenges when agencies act in good faith.
    • Fines against local agencies that fail to comply with court orders, with funds directed to housing trust funds or the Building Homes and Jobs Trust Fund to finance affordable units.
    • Time-bound court remedies and rapid administrative follow-through to ensure compliance.

Effective dates and applicability

  • The bill provides transitional options for complete applications filed before January 1, 2025, allowing proponents to choose the governing provisions in effect at the time of preliminary application or to adopt newer provisions if builder’s remedy criteria apply.
  • It declares statewide applicability, including to charter cities, and asserts no reimbursement obligation for local agencies (consistent with several mandate provisions).

Who is affected

  • Local agencies (cities and counties, including charter cities) implementing housing development reviews, approvals, and associated fees and standards.
  • Housing developers and emergency shelters seeking approvals, including builder’s remedy projects.
  • Housing organizations and applicants who pursue enforcement actions to ensure compliance with housing-related approvals and standards.
  • Public agencies that regulate or impose postentitlement standards and requirements adopted by other public agencies.

Procedural and timeline notes

  • Emphasizes timely determinations and written findings when disapprovals or conditions are proposed.
  • Establishes procedures for evidentiary support and documentation if a project is deemed not in conformity.
  • Creates a framework for rapid judicial remedies and potential fines to enforce compliance, with sunset-like references to pending operative dates (2031 provisions for certain enforcement clauses).

If you’d like, I can provide a plain-language Q&A, a side-by-side comparison with current law, or a concise one-page briefing for policymakers.

Compiled from official sources — confirm details with the bill’s official record.

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