Resubmit a building permit for new housing using the City's streamlined process

You can withdraw and resubmit a building permit application for new housing that was originally filed before 1/1/24 to benefit from the City’s streamlined review process and enhanced legal protections. The new process and protections are the result of Mayor Breed's housing permitting efficiency initiatives and state bills AB 2234 and AB 1114.

Resubmit your project using the City's streamlined process

You can withdraw and resubmit a housing building permit application originally filed before 1/1/24 to benefit from the City’s streamlined review process and enhanced legal protections by following these steps.

  1. Withdraw your building permit application.
  2. Request a partial refund of your permit application fees.
  3. Review our step-by-step guide for submitting a project for In-house Review. All projects submitting using this process will benefit from the the City’s new streamlined process and enhanced legal protections established under Mayor Breed, AB 2234 and AB 1114.
  4. Use our online portal to resubmit your permit application.

 

Learn about state laws helping to streamline San Francisco building permitting for new housing

San Francisco’s streamlined housing permitting process is supported and guided by numerous state laws that impact each step of permit application, review, and issuance. Among these are 2022’s  AB 2234 and 2023’s AB 1114, both codified in Section 65913.3 of the California Government Code. Collectively, these two laws shorten the timeline for applicants to receive residential construction-related permits, as well as insulate those permits from legal challenges. 

 

Key Provisions of AB 2234

Building departments or equivalent local agencies must notify an applicant for a ‘post-entitlement’ permit for a residential construction project within 15 days of receiving the application if it is complete. If it is incomplete, a list of missing items and a description of how the application can be made complete is required.

‘Post-Entitlement’ Permit means:

All nondiscretionary permits and reviews filed after the entitlement process has been completed that are required or issued by the local agency to begin construction of a development that is intended to be at least two-thirds residential, excluding discretionary and ministerial planning permits, entitlements, and other permits and reviews as specified. 

A post-entitlement phase permit includes, but is not limited to, all of the following:

  • Building permits, and all inter-departmental review required for the issuance of a building permit
  • Permits for minor or standard off-site improvements
  • Permits for demolition
  • Permits for minor or standard excavation and grading

Once an application for a post-entitlement residential-related permit is deemed complete, the building department has a timeline to approve or deny the application. Specifically, for projects 25 units and under, the local agency has 30 business days. If the project has 26 or more units, the response time must be within 60 business days. These timelines may be adjusted if the local agency finds that the permit may have specific, adverse impact on public health or safety, or if additional time is necessary to process the application. 

 

Key Provisions of AB 1114

AB 1114 alters the existing definition of ‘post-entitlement permit’ to include all building permits and other permits issued under the California Building Standards Code or any applicable local building code for the construction demolition or alteration of buildings, whether that permit has discretionary review from the local agency or not. All permits under this new definition are required to meet the timelines mandated by AB 1114. 

AB 1114 also removes the ability for a city to subject post-entitlement permits to appeals or legal challenges. Currently, even if a permit has been deemed complete, meets all requirements laid out by a local agency, and does not pose a threat to health or safety, that permit can be appealed by members of the public, subjecting the applicant to legal battles that are often lengthy and expensive. AB 1114 eliminates this ability and insulates permits from potential appeals and challenges.

 

Last updated July 26, 2024