Bill Text: CA AB504 | 2015-2016 | Regular Session | Enrolled
Bill Title: Local planning.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Vetoed) 2016-01-15 - Consideration of Governor's veto stricken from file. [AB504 Detail]
Download: California-2015-AB504-Enrolled.html
BILL NUMBER: AB 504 ENROLLED
BILL TEXT
PASSED THE SENATE SEPTEMBER 9, 2015
PASSED THE ASSEMBLY SEPTEMBER 10, 2015
AMENDED IN SENATE SEPTEMBER 4, 2015
AMENDED IN SENATE AUGUST 18, 2015
AMENDED IN SENATE JUNE 24, 2015
AMENDED IN ASSEMBLY MARCH 26, 2015
INTRODUCED BY Assembly Member Gonzalez
FEBRUARY 23, 2015
An act to add Section 65108 to the Government Code, relating to
land use.
LEGISLATIVE COUNSEL'S DIGEST
AB 504, Gonzalez. Local planning.
The Planning and Zoning Law, among other things, establishes in
each city or county a planning agency and requires each city or
county to, by ordinance, assign the functions of the planning agency
to a planning department, one or more planning commissions,
administrative bodies or hearing officers, the legislative body
itself, or any combination thereof, as it deems appropriate and
necessary. The law requires, if a city or county does not make an
assignment, as specified, the legislative body of the city or county
to carry out all the functions of the planning agency. The law
specifies the functions of a planning agency and the minimum
membership of a planning commission to be at least 5 members who act
in the public interest.
This bill would, notwithstanding any other law, authorize a city
to delegate to, or authorize pursuant to a contract with, a nonprofit
public benefit corporation the performance of ministerial planning
functions, as defined, and require that the city retain all
nonministerial planning functions. The bill would require a nonprofit
public benefit corporation performing ministerial planning functions
to comply with city laws and plans and state laws, including, but
not limited to, laws relating to the requirements for open meetings
and the disclosure of public records, as specified. The bill would
require any planning function approved by a nonprofit public benefit
corporation to be able to be appealed to the legislative body of the
city, as specified. The bill would require a nonprofit public benefit
corporation, beginning on or before July 1, 2016, and annually
thereafter, to report to the legislative body of the city on the
planning functions it has undertaken in the previous calendar year,
and require the legislative body of the city to review and approve
each report at a noticed public hearing. The bill would also state
that this is an issue of statewide concern.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 65108 is added to the Government Code, to read:
65108. (a) Notwithstanding any other law, a city may delegate to,
or authorize pursuant to a contract with, a nonprofit public benefit
corporation organized under the Nonprofit Public Benefit Corporation
Law (Part 2 (commencing with Section 5110) of Division 2 of Title 1
of the Corporations Code) the performance of ministerial planning
functions. A city shall retain all nonministerial planning functions.
(b) (1) A nonprofit public benefit corporation performing
ministerial planning functions shall comply with the city's charter,
contracting rules, municipal code, ordinances, and any other
applicable parts of a general plan, community plan, specific plan or
other plan, and all applicable local and state laws, including, but
not limited to, the California Public Records Act (Chapter 3.5
(commencing with Section 6250) of Division 7 of Title 1), and the
Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part
1 of Division 2 of Title 5).
(2) In addition to any appeals authorized by subdivision (c) of
Section 21151 of the Public Resources Code, any planning function
approved by a nonprofit public benefit corporation shall be able to
be appealed to the legislative body of the city if both of the
following apply:
(A) The planning function results in approval of a project that is
not exempt from Division 13 (commencing with Section 21000) of the
Public Resources Code.
(B) The planning function pertains to a project that includes any
of the following:
(i) No less than 50 residential units.
(ii) No less than 50 hotel rooms.
(iii) No less than 25,000 square feet of commercial space.
(c) (1) On or before July 1, 2016, and annually thereafter for as
long as the planning functions continue to be delegated or an
authorizing contract is in effect pursuant to subdivision (a), a
nonprofit public benefit corporation shall report to the legislative
body of the city on the planning functions it has undertaken in the
previous calendar year that includes, but is not limited to, a
detailed description of each planning function and an explanation of
how it is consistent with the city's charter, municipal code,
ordinances, and any applicable parts of a general plan, community
plan, specific plan or other plan, and all applicable local and state
laws.
(2) Each report shall be reviewed and approved by the legislative
body of the city at a noticed public hearing.
(d) For purposes of this section, the following definitions shall
apply:
(1) "Ministerial" means a plain and mandatory duty involving the
execution of a set task that is to be performed without the exercise
of discretion.
(2) "Planning function" includes, but is not limited to, enactment
of a zoning regulation, amendment of a general plan, specific plan,
or any other planning documents, issuance of a tentative map,
development permit, planned development permit, site development
permit, coastal development permit, variance or any other land use
permit, determination of consistency with a general plan, specific
plan, and all other applicable planning documents.
(e) Nothing in this section shall affect the requirements of
Division 13 (commencing with Section 21000) of the Public Resources
Code.
SEC. 2. The Legislature hereby finds and declares that maintaining
uniformity in the planning responsibilities of cities within this
state, including charter cities, has a direct impact on the
well-being of all residents of this state. Therefore, the Legislature
finds and declares that authorizing a city to delegate to, or
authorize pursuant to a contract with, a nonprofit public benefit
corporation the performance of planning responsibilities within the
State of California, is an issue of statewide concern and not a
municipal affair, as that term is used in Section 5 of Article XI of
the California Constitution. Therefore, this act shall apply to every
city in this state, including a charter city and charter city and
county.
