Bill Text: CA AB2085 | 2023-2024 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Planning and zoning: permitted use: community clinic.
Spectrum: Partisan Bill (Democrat 9-0)
Status: (Passed) 2024-09-28 - Chaptered by Secretary of State - Chapter 820, Statutes of 2024. [AB2085 Detail]
Download: California-2023-AB2085-Introduced.html
Bill Title: Planning and zoning: permitted use: community clinic.
Spectrum: Partisan Bill (Democrat 9-0)
Status: (Passed) 2024-09-28 - Chaptered by Secretary of State - Chapter 820, Statutes of 2024. [AB2085 Detail]
Download: California-2023-AB2085-Introduced.html
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Assembly Bill
No. 2085
| Introduced by Assembly Member Bauer-Kahan |
February 05, 2024 |
An act to add Chapter 4.2.5 (commencing with Section 65914.900) to Division 1 of Title 7 of the Government Code, relating to land use.
LEGISLATIVE COUNSEL'S DIGEST
AB 2085, as introduced, Bauer-Kahan.
Planning and zoning: ministerial approval: community clinic.
The Planning and Zoning Law, among other things, authorizes a development proponent to submit an application for a housing development that is subject to a specified streamlined, ministerial approval process not subject to a conditional use permit, if the development satisfies certain objective planning standards.
The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA does not apply to the approval of ministerial projects.
This bill would authorize a development proponent to
submit to a local agency an application for a licensed community clinic that is located in a zone where office, retail, health care, or parking are a principally permitted use. The bill would make the development subject to a streamlined, ministerial approval process where the development is not subject to a conditional use permit or any other nonlegislative discretionary approval, as described. The bill would provide that a development eligible for approval pursuant to this process is not a “project” for purposes of CEQA, thereby expanding the exemption for ministerial approval of projects under CEQA. By establishing the streamlined, ministerial approval process for these developments, the bill would impose a state-mandated local program.
This bill would make its provisions enforceable by the Attorney General and would provide the Attorney General an unconditional right to intervene to enforce the bill’s provisions.
The
California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
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.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Chapter 4.2.5 (commencing with Section 65914.900) is added to Division 1 of Title 7 of the Government Code, to read:CHAPTER 4.2.5. Other Development Approvals
65914.900.
(a) Notwithstanding any inconsistent provision of a local agency’s general plan, specific plan, zoning ordinance, or regulation, a development proponent may submit to a local agency an application for a development that shall be subject to the streamlined, ministerial approval process provided in subdivision (b) and that is not subject to a conditional use permit or any other nonlegislative discretionary approval if the development satisfies all of the following objective planning standards:(1) The development is for a community clinic licensed pursuant to Section 1204 of the Health and Safety Code.
(2) The development is located in a zone where office, retail, health care,
or parking are a principally permitted use.
(b) (1) If a local agency determines that a development submitted pursuant to this section is consistent with the objective planning standards specified in subdivision (a), it shall approve the development. If a local agency determines that a development submitted pursuant to this section is in conflict with any of the objective planning standards specified in subdivision (a), it shall provide the development proponent written documentation of which standard or standards the development conflicts with, and an explanation for the reason or reasons the development conflicts with that standard or standards.
(2) Approval or the documentation described in paragraph (1) shall be provided to the development proponent within 90 days of submittal of the application. If the local agency fails to provide the required
documentation pursuant to paragraph (1), the development shall be deemed to satisfy the objective planning standards specified in subdivision (a).
(c) Notwithstanding any law, 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.
(d) (1) The Attorney General shall have the unconditional right to bring an enforcement action against a local agency that is in violation of this section.
(2) 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.
(e) For purposes of this section, “local agency” has the same meaning as in Section 66000.
