AMENDED IN ASSEMBLY MARCH 27, 2025
CALIFORNIA LEGISLATURE—2025-26 REGULAR SESSION
ASSEMBLY BILL No. 1206
Introduced bor sembly Member Harabedian
February 21, 2025
An act to add Section 65852.29 to the Government Code, relating to housing.
LEGISLATIVE COUNSEL'S DIGEST
AB 1206, as amended, Harabedian. Single-family and multifamily housing units: preapproved plans.
Existing law, the Planning and Zoning Law, provides for the adoption and administration of zoning laws, ordinances, rules and regulations by counties and cities and the implementation of those general plans as may be in effect in those counties or cities. In that regard, existing law requires each local agency, by January 1, 2025, to develop a program for the preapproval of accessory dwelling unit plans.
This bill would require each local agency, as defined and by January July 1, 2026, to develop a program for the preapproval of single-family and multifamily residential housing plans, whereby the local agency accepts single-family and multifamily plan submissions for preapproval and approves or denies the preapproval applications, as specified. The bill would authorize a local agency to charge a fee to an applicant for the preapproval of a single-family or multifamily residential housing plan, as specified. The bill would require the local agency to post preapproved single-family or multi family residential housing plans and the contact information of the applicant on the local agency's internet website. The bill would require a local agency to either approve or deny 98 AB 1206 - 2-
an application for a single-family or multifamily residential housing unit unit, both as defined, within 30 days that if the lot meets certain conditions and the application utilizes either a single-family or multifamily residential housing unit plan preapproved within the current rennial California Building Standards Code rulemaking cycle or a plai hat is identical to a plan used in an application for a single-family oi lousing plan program, at the local agency's discretion. By imposino new duties on local agencies. the bill would create a state-mandatec local program.
The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
The people of the State of California do enact as follows:
SECTION 1. Section 65852.29 is added to the Government
Code, to read:
65852.29. (a) Each local agency shall, by January July 1, 2026, develop a program for the preapproval of single-family and multifamily residential housing plans. The program shall comply with all of the following:
7 (1) The local agency shall accept single-family and multifamily 8 residential housing plan submissions for preapproval. 9 (2) The loeal ageney shall not restrict who may
10 submitsingle-family and multifamily residential housing plan 11 submissions for preapproval.
12 (3)
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1 (2) (A) The local agency shall approve or deny the application for preapproval pursuant to the standards established in applicable 3 state and local housing regulations.
4 B) The local agency may charge the applicant the same permitting fees that the local agency would charge an applicant seeking approval for the same-sized single-family or multifamily residential housing unit in reviewing and approving a preapproved housing plan submission.
10 (3) (A) (1) Single-family and multifamıly residential housing 11 plans that are preapproved pursuant to this subdivision shall be 12 posted on the local agency's internet website
13 (ii) The posting of a preapproved housing plan pursuant to clause 14 (i shall not be considered an endorsement of the applicant or 15 approval of the applicant's application for a Single-family 16 single-family or multifamily residential housing unit by the local 17 18 (B) (i) The local agency shall also post the contact information 19 of the applicant of a preapproved housing plan, as provided by the 20 applicant.
21 (ii) The local agency shall not be responsible for the accuracy 22 of the contact information posted pursuant to clause (i). 23 (C) A local agency shall remove a preapproved housing plan 24 from their internet website within su days of receiving a request 25 for removal from the applicant.
26 (5)
27 (4) A local agency may also admit plans that have been 28 developed and preapproved by the local agency for single-family 29 and multifamily residential housing plans into the program. 30 (5) Nothing in this section shall prevent a local agency from 31 voluntarily accepting or admitting additional plans at higher 32 densities in additional zoning districts into the preapproved 33 housing plan program, at the local agency's discretion. 34 (b) A local agency shall approve or deny an application for a 35 single-family or multifamily residential housing unit ministerially 36 without discretionary review, except that the local agency shall 37 either approve or deny the application within 30 days from the 38 date the local agency receives a completed application, if the lot 39 for which the application is proposed meet the soil conditions, 40 topography, flood zone, zoning regulations, and design review 98 AB 1206 - 4 -
1 standards for which the preapproved plan was designed and the 2 application utilizes either of the following:
3 (1) A plan for a single-family or multifamily residential housing 4 unit that has been preapproved by the local agency within the 5 current triennial California Building Standards Code rulemaking 6 cycle.
(2) A plan that is identical to a plan used in an application for 8 a single- or multifamily residential housing unit approved by the local agency within the current triennial California Building 10 Standards Code rulemaking cycle.
11 (c) For purposes of this section, "single-family section:
12 (1) "Local agency" means a city, county, or city and county. 13 (2) "Multifamlily residential housing unit" means a building 14 containing 2 to 10 residential units.
15 (3) "Single-family residential housing unit," "multifamily 16 residential housing unit," and "local agency" have unit" has the 17 same meaning as those terms are defined in applicable housing 18 regulations.
19 (d) The Legislature finds and declares that the lack of housing 20 is a matter of statewide concern and is not a municipal affair as 21 that term is used in Section 5 of Article XI of the California 22 Constitution. Therefore, this section applies to all cities, including 23 charter cities.
24 SEC. 2. No reimbursement is required by this act pursuant to 25 Section 6 of Article XIII B of the California Constitution because 26 a local agency or school district has the authority to levy service 27 charges, fees, or assessments sufficient to pay for the program or 28 level of service mandated by this act, within the meaning of Section 29 17556 of the Government Code.
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