Benefits of a Preliminary Application — Housing Accountability Act Technical Assistance Advisory

Government Code, § 65589.5, subdivision (o)

The primary benefit of a preliminary application is that a housing development project is subject only to the ordinances, policies, standard, or any other measure (standards) adopted and in effect when a preliminary application was submitted. “Ordinances, policies, and standards” includes general plan, community plan, specific plan, zoning, design review standards and criteria, subdivision standards and criteria, and any other rules, regulations, requirements, and policies of a local agency, as defined in Section 66000, including those relating to development impact fees, capacity or connection fees or charges, permit or processing fees, and other exactions.

However, there are some circumstances where the housing development project can be subjected to a standard beyond those in effect when a preliminary application is filed:

In the case of a fee, charge, or other monetary exaction, an increase resulting from an automatic annual adjustment based on an independently published cost index that is referenced in the ordinance or resolution establishing the fee or other monetary exaction.
A preponderance of the evidence in the record establishes that the standard is necessary to mitigate or avoid a specific, adverse impact upon the public health or safety, and there is no feasible alternative method to satisfactorily mitigate or avoid the adverse impact.
The standard is necessary to avoid or substantially lessen an impact of the project under the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).
The housing development project has not commenced construction within two and a-half years following the date that the project received final approval. “Final approval” means that the housing development project has received all necessary approvals to be eligible to apply for, and obtain, a building permit or permits and either of the following is met:
- The expiration of all applicable appeal periods, petition periods, reconsideration periods, or statute of limitations for challenging that final approval without an appeal, petition,

Housing Accountability Act Technical Assistance Advisory

Appendix C: Preliminary Application (Senate Bill 330, Statutes of 2019)

request for reconsideration, or legal challenge have been filed. If a challenge is filed, that challenge is fully resolved or settled in favor of the housing development project.

The housing development project is revised following submittal of a preliminary application pursuant to Section 65941.1 such that the number of residential units or square footage of construction changes by 20 percent or more, exclusive of any increase resulting from the receipt of a density bonus, incentive, concession, waiver, or similar provision. “Square footage of construction” means the building area, as defined by the California Building Standards Code (Title 24 of the California Code of Regulations). However, a local government is not prevented from applying the standards in effect at the time of the preliminary application submittal.
Once a residential project is complete and a certificate of occupancy has been issued, local governments are not limited in the application of later enacted ordinances, policies, and standards that regulate the use and occupancy of those residential units, such as ordinances relating to rental housing inspection, rent stabilization, restrictions on short-term renting, and business licensing requirements for owners of rental housing.

Contents of a Preliminary Application Government Code, § 65941.1

Each local government shall compile a checklist and application form that applicants for housing development projects may use for submittal of a preliminary application. However, HCD has adopted a standardized form that may be used to submit a preliminary application if a local agency has not developed its own application form. The preliminary application form can be found on HCD’s website.

The following are the items that are contained in the application form. Local government checklists or forms cannot require or request any information beyond these 17 items.

The specific location, including parcel numbers, a legal description, and site address, if applicable.
The existing uses on the project site and identification of major physical alterations to the property on which the project is to be located.
A site plan showing the location on the property, elevations showing design, color, and material, and the massing, height, and approximate square footage, of each building that is to be occupied.
The proposed land uses by number of units and square feet of residential and nonresidential development using the categories in the applicable zoning ordinance.
The proposed number of parking spaces.
Any proposed point sources of air or water pollutants.
Any species of special concern known to occur on the property.
Whether a portion of the property is located within any of the following:
- A very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to Section 51178.
- Wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).

Housing Accountability Act Technical Assistance Advisory

Appendix C: Preliminary Application (Senate Bill 330, Statutes of 2019)

A hazardous waste site that is listed pursuant to Section 65962.5 or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Section 25356 of the Health and Safety Code.
- A special flood hazard area subject to inundation by the 1 percent annual chance flood (100-year flood) as determined by the Federal Emergency Management Agency in any official maps published by the Federal Emergency Management Agency.
- A delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law (Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code), and by any local building department under Chapter 12.2 (commencing with Section 8875) of Division 1 of Title 2.
- A stream or other resource that may be subject to a streambed alteration agreement pursuant to Chapter 6 (commencing with Section 1600) of Division 2 of the Fish and Game Code.

Any historic or cultural resources known to exist on the property.
The number of proposed below market rate units and their affordability levels.
The number of bonus units and any incentives, concessions, waivers, or parking reductions requested pursuant to Section 65915.
Whether any approvals under the Subdivision Map Act, including, but not limited to, a parcel map, a tentative map, or a condominium map, are being requested.
The applicant’s contact information and, if the applicant does not own the property, consent from the property owner to submit the application.
For a housing development project proposed to be located within the coastal zone, whether any portion of the property contains any of the following:

Wetlands, as defined in subdivision (b) of Section 13577 of Title 14 of the California Code of Regulations.
Environmentally sensitive habitat areas, as defined in Section 30240 of the Public Resources Code.
A tsunami run-up zone.
Use of the site for public access to or along the coast.

The number of existing residential units on the project site that will be demolished and whether each existing unit is occupied or unoccupied.
A site map showing a stream or other resource that may be subject to a streambed alteration agreement pursuant to Chapter 6 (commencing with Section 1600) of Division 2 of the Fish and Game Code and an aerial site photograph showing existing site conditions of environmental site features that would be subject to regulations by a public agency, including creeks and wetlands.
The location of any recorded public easement, such as easements for storm drains, water lines, and other public rights of way.

Housing Accountability Act Technical Assistance Advisory

Appendix C: Preliminary Application (Senate Bill 330, Statutes of 2019)

Timing Provisions from Filing of a Preliminary Application to Determination of Consistency with Applicable Standards under the Housing Accountability Act