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California Code, Government Code - GOV § 65658.9

Current as of January 01, 2025 | Updated by Findlaw Staff

<For operative date of Article 11.5, see § 65658.16.>

(a) A local government shall issue a subsequent permit required for an adaptive reuse project approved under this article if the application substantially complies with the project as it was approved pursuant to Section 65658.8.  Upon receipt of an application for a subsequent permit, the local government shall process the permit without unreasonable delay and shall not impose any procedure or requirement that is not imposed on projects that are not approved pursuant to this article.  The local government shall consider the application for subsequent permits based upon the applicable objective standards specified in any state or local laws that were in effect when the original adaptive reuse project application was submitted, unless the proponent agrees to a change in objective standards.  Issuance of subsequent permits shall implement the approved project, and review of the permit application shall not inhibit, chill, or preclude the adaptive reuse project.  For purposes of this paragraph, a “subsequent permit” means a permit required subsequent to receiving approval under subdivision (a) of Section 65658.8, and includes, but is not limited to, demolition, grading, encroachment, and building permits and final maps.

(b)(1) If a public improvement is necessary to implement a project subject to this article, including, but not limited to, a bicycle lane, sidewalk or walkway, public transit stop, driveway, street paving or overlay, a curb or gutter, a modified intersection, a street sign or street light, landscape or hardscape, an aboveground or underground utility connection, a water line, fire hydrant, storm or sanitary sewer connection, retaining wall, and any related work, and that public improvement is located on land owned by the local government, to the extent that the public improvement requires approval from the local government, the local government shall not exercise its discretion over any approval relating to the public improvement in a manner that would inhibit, chill, or preclude the project.

(2) If an application for a public improvement described in paragraph (1) is submitted to a local government, the local government shall do all of the following:

(A) Consider the application based upon any objective standards specified in any state or local laws that were in effect when the original adaptive reuse project application was submitted.

(B) Conduct its review and approval in the same manner as it would evaluate the public improvement if required by a project that is not eligible to receive ministerial or streamlined approval pursuant to this section.

(3) If an application for a public improvement described in paragraph (1) is submitted to a local government, the local government shall not do either of the following:

(A) Adopt or impose any requirement that applies to a project solely or partially on the basis that the project is eligible to receive ministerial or streamlined approval pursuant to this article.

(B) Unreasonably delay in its consideration, review, or approval of the application.

(c) Nothing in this article shall be interpreted to limit the applicability of Section 65913.3.

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Cite this article: FindLaw.com - California Code, Government Code - GOV § 65658.9 - last updated January 01, 2025 | https://codes.findlaw.com/ca/government-code/gov-sect-65658-9/

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