This text of California § 65914.900. (65914.900. (Added by Stats. 2024, Ch. 820, Sec. 1.)) is published on Counsel Stack Legal Research, covering California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
(a)Notwithstanding any law affecting local permitting, a development shall be a permitted use and a local agency shall review an application for the development on an administrative, nondiscretionary basis if it meets all of the following objective planning standards:
(1)The development is on a parcel that is within a zone where office, retail, health care, or parking are a principally permitted use.
(2)The development is for a community clinic licensed pursuant to Section 1204 of the Health and Safety Code that provides reproductive health services as defined in subdivision (f) of Section 423.1 of
the Penal Code.
(3)
(A)The development complies with the applicable minimum construction standards of adequacy and safety for the physical plant of primary care clinics found in the
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(a)
Notwithstanding any law affecting local permitting, a development shall be a permitted use and a local agency shall review an application for the development on an administrative, nondiscretionary basis if it meets all of the following objective planning standards:
(1)
The development is on a parcel that is within a zone where office, retail, health care, or parking are a principally permitted use.
(2)
The development is for a community clinic licensed pursuant to Section 1204 of the Health and Safety Code that provides reproductive health services as defined in subdivision (f) of Section 423.1 of
the Penal Code.
(3)
(A)
The development complies with the applicable minimum construction standards of adequacy and safety for the physical plant of primary care clinics found in the latest edition of the California Building Standards Code, as described in subdivision (b) of Section 1226 of the Health and Safety Code.
(B)
A primary care clinic may establish compliance with the minimum construction standards of adequacy and safety for the physical plant described in subdivision (b) of Section 1226 of the Health and Safety Code by submitting a written certification, as described in Section 5536.26 of the Business and Professions Code, from a licensed architect or a written statement from a local building department that the development is in
compliance with these standards.
(4)
The development meets all of the local agency’s objective design review standards.
(5)
The development would not require the demolition of a historic structure that was placed on a national, state, or local historic register.
(6)
The development is not located on a site described in paragraph (6) of subdivision (a) of Section 65913.4.
(7)
The project is not likely to result in adverse impacts to tribal cultural resources, as defined in subdivision (a) of Section 21074 of the Public Resources Code.
(8)
The development would not require
the demolition of housing.
(b)
In determining whether a development submitted pursuant to this section is consistent with the objective standards specified in subdivision (a), the development shall be subject only to the plans, ordinances, policies, regulations, and standards adopted and in effect when the application is submitted.
(c)
A local agency that receives an application submitted pursuant to this section shall approve or deny the application within 60 days of submission of the application, subject to all of the following:
(1)
If the local agency determines that the development is in conflict with any of the objective planning standards specified in subdivision (a), then all of the following apply:
(A)
The local agency shall provide the development proponent written documentation of the standard or standards with which the development conflicts, and an explanation for the reason or reasons the development conflicts with that standard or standards.
(B)
The development proponent may submit materials to the local
agency to address and resolve the conflict identified pursuant to subparagraph (A).
(C)
Within 60 calendar days after the local agency has received the materials submitted pursuant to subparagraph (B), the local agency shall determine whether the development as supplemented or amended is consistent with the objective planning standards specified in subdivision (a).
(2)
(A)
If the local agency denies the application, the local agency shall provide a process for the development proponent to appeal that decision in writing to the governing body of the local agency.
(B)
The local agency shall provide final written determination on the appeal no later than 60 calendar days after
receipt of the development proponent’s written appeal.
(3)
Nothing in this subdivision precludes a development proponent and a local agency from mutually agreeing to an extension of any time limit provided by this subdivision.
(d)
Notwithstanding any other law, approval of a development that is eligible for approval pursuant to the streamlined, ministerial process set forth by this section shall not be considered a “project” for purposes of Division 13 (commencing with Section 21000) of the Public Resources Code.
(e)
(1)
The development proponent may bring an action to enforce this section. The court shall grant a prevailing plaintiff under this paragraph reasonable attorney’s fees and costs,
except the court shall not award reasonable
attorney’s fees if the court finds, under extraordinary circumstances, that awarding reasonable attorney’s fees would not further the purposes of this section.
(2)
(A)
The Attorney General shall have the unconditional right to bring an enforcement action against a local agency that is in violation of this section.
(B)
In any suit brought to enforce this section, the Attorney General shall have the unconditional right to intervene under subparagraph (A) of paragraph (1) of subdivision (d) of Section 387 of the Code of Civil Procedure.
(f)
For purposes of this section, the following definitions apply:
(1)
“Development” includes the construction, change or modification in construction or building services equipment, or the reconstruction or renewal of any part of an existing building, structure, or building service equipment for the purpose of operating a community clinic licensed pursuant to Section 1204 of the Health and Safety Code that provides reproductive health services as defined in subdivision (f) of Section 423.1 of the Penal Code.
(2)
“Development proponent” means an applicant who submits an application to a local agency for a development under this section.
(3)
“Local agency” means a city, including a charter city, a county, or a city and county, including a charter city and county.
(4)
“Objective design review standards” means standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development proponent and the public official before submission.