(1) Existing law, the Davis-Stirling Common Interest Development Act, governs the management and operation of common interest developments. Existing law places various limits and prohibitions on the governing documents, as defined, relative to an owner’s separate interest within those developments.

This bill would prohibit those governing documents from limiting or prohibiting the owner of a separate interest within a common interest development from replacing existing residential windows with California Energy Code-compliant windows, as defined.

(2) The Planning and Zoning Law authorizes the legislative body of any county or city to adopt ordinances that regulate the use of buildings, structures, and land as between industry, business, residences, open space, and other purposes.

This bill would require a city, county, or city and county to administratively approve an application to replace existing residential windows with California Energy Code-compliant windows, as defined. The bill would prohibit a city, county, or city and county from requiring discretionary review or a hearing for a residential window replacement project that is subject to certain limitations. The bill would also prohibit a city, county, or city and county from denying an application for a permit to replace existing windows with California Energy Code-compliant windows unless it makes certain written findings. The bill would limit the application of these provisions under certain circumstances, including if a residential structure is individually listed as a historical resource in the State Historic Resources Inventory, as defined.

The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.