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Ali Pezeshkpour, Planning Manager
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<br />Project Timeline
<br />This letter presents the Project's permitting history in three distinct phases, punctuated
<br />by key milestones, to present the information in the clearest way possible.
<br />Phase 1: Application Submittal to Application Completeness Determination
<br />On November 10, 2021, the applicant submitted the full development application.
<br />Under the Permit Streamlining Act, local governments have 30 calendar days after the
<br />development application submittal to inform the applicant of whether the application is
<br />complete. If the local government does not inform the applicant of any deficiencies
<br />within that 30-day period, the application will be "deemed complete," even if it is
<br />deficient (Gov. Code, § 65943, subd. (a )).2
<br />The City failed to inform the applicant in writing that the application was not complete
<br />by December 10, 2021 (i.e., 30 days from the date of submittal). Therefore, on
<br />December 10, 2021, the application was deemed complete by operation of law.
<br />Phase 2: Application Completeness Determination to Project Consistency
<br />Determination
<br />The HAA requires that for housing development projects containing 150 or fewer
<br />housing units, the local agency has 30 days from the date the development application
<br />is deemed complete to provide the applicant with written documentation of any
<br />inconsistency, incompliance, or inconformity with the applicable plan, program, policy,
<br />ordinance, standard, requirement, or other similar provision (Gov. Code, § 65589.5,
<br />subd. 0)(2)(A)(i)). If the local agency does not provide written documentation of such
<br />findings within 30 days, the development project shall be deemed consistent,
<br />compliant, and in conformity of the applicable plan, ordinance, and standards (Gov.
<br />Code, § 65589.5, subd. (j)(2)(13)).
<br />The City failed to inform the applicant in writing of any inconsistencies by January 9,
<br />2022 (i.e., 30 days from the date that the application was deemed complete by
<br />operation of law). Therefore, on January 9, 2022, the Project was deemed consistent
<br />and compliant with the applicable plan, ordinance, and standards by operation of law.
<br />On the same date, the Project became vested under the HAA (Gov. Code, § 65589.5,
<br />subd. (j)(1)). Note that the Project's vesting is not based on the submittal of a
<br />Preliminary Application (Gov. Code, § 65941.1) because the applicant did not submit a
<br />Preliminary Application. The Project's vesting occurred when the application was
<br />deemed consistent by operation of law (Gov. Code, § 65589.5, subd. (h)(5)).
<br />2 See also Housing Accountability Act Technical Assistance Advisory Memo, dated
<br />September 15, 2020, Page 8.
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