Bill Text: CA AB504 | 2015-2016 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Amended.html

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BILL NUMBER: AB 504	AMENDED
	BILL TEXT

	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, as amended, 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 
administrative or  ministerial planning functions 
and powers   , as defined,  and require that the
city retain all  nonadministrative or 
nonministerial planning functions. The bill would require a nonprofit
public benefit corporation performing  administrative or
 ministerial planning functions  and powers
 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 action taken by a nonprofit public
benefit corporation to be able to be appealed to the legislative body
of the city. 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.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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 2
of the Corporations Code) the performance of  administrative
or  ministerial planning  functions and powers.
  functions.  A city shall retain all 
nonadministrative or  nonministerial planning functions.
   (b) (1) A nonprofit public benefit corporation performing 
administrative or  ministerial planning functions 
and powers  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,
  1),  and the Ralph M. Brown Act (Chapter 9
(commencing with Section 54950) of Part 1 of Division 2 of Title 5).
   (2) Any planning action taken by a nonprofit public benefit
corporation shall be able to be appealed to the legislative body of
the city.
   (c) (1) On or before July 1, 2016, and annually thereafter for as
long as the planning functions  and powers  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 functions" include, but are not limited to,
enactment of a zoning regulation, amendment of a general plan,
specific plan, and all other planning documents, issuance of a
tentative map, development permit, planned development permit, site
development permit, use permit, conditional use permit, coastal
development permit, and a variance or any other land use permit,
design review approval, determination of consistency with a general
plan, specific plan, and all other applicable planning documents,
imposition of conditions of approval and mitigation measures,
adoption of findings pursuant to the California Environmental Quality
Act (CEQA)(Division 13 (commencing with Section 21000) of the Public
Resources Code), certification of an environmental impact report
pursuant to CEQA, approval of a negative declaration or mitigated
negative declaration pursuant to CEQA, determination that a project
is not subject to CEQA, adoption of a statement of overriding
considerations pursuant to CEQA, adoption of a mitigation monitoring
and reporting program pursuant to CEQA, and any other actions or
determinations made pursuant to CEQA. 
  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  administrative or ministerial
 planning  functions and powers  
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.