Skip to content

Menu

LexBlog, Inc. logo
NetworkSub-MenuBrowse by SubjectBrowse by PublisherJoin the NetworkGet StartedSubscribeSupportContact
Search
Close

New California Law Addresses Delays by Public Agencies in the Post-Entitlement Permitting Process

By Bryan W. Wenter, AICP on November 30, 2022
Email this postTweet this postLike this postShare this post on LinkedIn

On January 1, 2023 Assembly Bill 2234, an important new post-entitlement accountability and streamlining law that amends the Housing Accountability Act and adds new sections to the Planning and Zoning Laws, takes effect in California.

Unlike other recent legislation specifically addressing the entitlement process so as to significantly curtail local authority over housing development projects, AB 2234 focuses only on the post-entitlement permitting process, which is frequently plagued by local agency delays once a new housing project has been approved.

The categories of post-entitlement permits covered by SB 2234 include permits for demolition, excavation and grading permits, building permits, and permits for off-site improvements.  For such permits, AB 2234 requires local agencies to determine whether an application for a post-entitlement permit is complete and provide written notice of its determination within 15 business days after application submission.  If the local agency fails to meet the deadline, the permit application will be deemed complete.  Once the application is complete, the local agency then has a short window to approve or deny the application.  In particular, the agency has 30 business days for housing projects with 25 units or fewer units and 60 business days for projects with 26 units or more.  Although local agencies may extend these timelines by making written findings that the post-entitlement permit might have a specific, adverse impact on public health or safety and that additional time is necessary to process the application, such findings will be exceedingly hard if not impossible to make.

Importantly, a violation of AB 2234 constitutes a violation of the Housing Accountability Act, which establishes various penalties—including attorney’s fees.

AB 2234 is a critically important new housing law that should make it easier to hold local agencies accountable and thereby allow construction of new housing projects.

 

Questions? Please contact Bryan W. Wenter, AICP of Miller Starr Regalia.

For more than 50 years, Miller Starr Regalia has served as one of California’s leading real estate law firms. Miller Starr Regalia has expertise in all types of real property matters, including full-service litigation and dispute resolution, transactions, acquisitions, dispositions, leasing, financing, common interest development, construction, management, eminent domain and inverse condemnation, exactions, title insurance, environmental law, and land use. Miller Starr Regalia attorneys also write Miller & Starr, California Real Estate 4th, a 12-volume treatise on California real estate law. “The Book” is the most widely used and judicially recognized real estate treatise in California and is cited by practicing attorneys and courts throughout the state. For more information, visit www.msrlegal.com.

Photo of Bryan W. Wenter, AICP Bryan W. Wenter, AICP

Bryan W. Wenter, AICP, is a shareholder in Miller Starr Regalia’s Walnut Creek office and co-chair of the firm’s Land Use Department. For nearly 20 years, his practice has centered on land use and local government law, with a focus on obtaining…

Bryan W. Wenter, AICP, is a shareholder in Miller Starr Regalia’s Walnut Creek office and co-chair of the firm’s Land Use Department. For nearly 20 years, his practice has centered on land use and local government law, with a focus on obtaining and defending land use entitlements for a wide range of complex development projects including, in-fill, mixed-use, residential, retail/commercial, and industrial. His areas of expertise include general plans and specific plans, planned development zoning, vested rights, subdivision maps, development impact fees and exactions, conditional use permits, variances, initiatives and referenda, RLUIPA, CEQA, Ralph M. Brown Act, and Public Records Act. He previously served as City Attorney and Assistant City Attorney for the City of Walnut Creek.

Read more about Bryan W. Wenter, AICPEmail
Show more Show less
  • Posted in:
    Real Estate & Construction
  • Blog:
    Land Use Developments
  • Organization:
    Miller Starr Regalia
  • Article: View Original Source

Call us at 1-800-913-0988 or email sales@lexblog.com.

Facebook LinkedIn Twitter RSS
The Library at LexBlog
  • About LexBlog
  • The Field We Built
  • Library at LexBlog
  • Our Beliefs
  • Our Team
  • Contact LexBlog
  • Disclaimer
  • Editorial Policy
  • Terms of Service
  • Get Started
  • Publishing Solutions
  • Compass
  • Submit a Request
  • Support Center
  • System Status
Copyright © 2026, LexBlog, Inc. All Rights Reserved.
Law blog design & platform by LexBlog LexBlog Logo