Bill Text: CA AB667 | 2013-2014 | Regular Session | Introduced

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

---

Bill Title: Land use: development project review: superstores.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2013-07-03 - In committee: Set, second hearing. Hearing canceled at the request of author. [AB667 Detail]

Download: California-2013-AB667-Introduced.html

---

BILL NUMBER: AB 667	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Roger Hernández

                        FEBRUARY 21, 2013

   An act to amend Section 65950 of the Government Code, relating to
land use.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 667, as introduced, Roger Hernández. Land use: development
project review.
   The Permit Streamlining Act within the Planning and Zoning Law
requires the lead agency that has the principal responsibility for
approving a development project, as defined, to approve or disapprove
the project within a specified number of days from the date of
certification of an environmental impact report, the date of the
adoption of a negative declaration, or the determination by the lead
agency that the project is exempt from the California Environmental
Quality Act.
   This bill would make technical, nonsubstantive changes to those
provisions.
   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 65950 of the Government Code is amended to
read:
   65950.  (a) Any public agency that is the lead agency for a
development project shall approve or disapprove the project within
whichever of the following periods is applicable:
   (1) One hundred eighty days from the date of certification by the
lead agency of the environmental impact  report 
 report,  if an environmental impact report is prepared
pursuant to Section 21100 or 21151 of the Public Resources Code for
the development project.
   (2) Ninety days from the date of certification by the lead agency
of the environmental impact  report   report,
 if an environmental impact report is prepared pursuant to
Section 21100 or 21151 of the Public Resources Code for the
development project and all of the following conditions are met:
   (A) At least 49 percent of the units in the development project
are affordable to very low or low-income households, as defined by
Sections 50105 and 50079.5 of the Health and Safety Code,
respectively. Rents for the lower income units shall be set at an
affordable rent, as that term is defined in Section 50053 of the
Health and Safety Code, for at least 30 years. Owner-occupied units
shall be available at an affordable housing cost, as that term is
defined in Section 50052.5 of the Health and Safety Code.
   (B) Prior to the application being deemed complete for the
development project pursuant to Article 3 (commencing with Section
65940), the lead agency received written notice from the project
applicant that an application has been made or will be made for an
allocation or commitment of financing, tax credits, bond authority,
or other financial assistance from a public agency or federal agency,
and the notice specifies the financial assistance that has been
applied for or will be applied for and the deadline for application
for that assistance, the requirement that one of the approvals of the
development project by the lead agency is a prerequisite to the
application for or approval of the application for financial
assistance, and that the financial assistance is necessary for the
project to be affordable as required pursuant to subparagraph (A).
   (C) There is confirmation that the application has been made to
the public agency or federal agency prior to certification of the
environmental impact report.
   (3) Sixty days from the date of adoption by the lead agency of the
negative  declaration   declaration,  if a
negative declaration is completed and adopted for the development
project.
   (4) Sixty days from the determination by the lead agency that the
project is exempt from the California Environmental Quality Act
(Division 13 (commencing with Section 21000) of the Public Resources
 Code)   Code),  if the project is exempt
from  the California Environmental Quality Act  
that act  .
   (b) This section does not preclude a project applicant and a
public agency from mutually agreeing in writing to an extension of
any time limit provided by this section pursuant to Section 65957.
   (c) For purposes of paragraph (2) of subdivision (a), "development
project" means a use consisting of either of the following:
   (1) Residential units only.
   (2) Mixed-use developments consisting of residential and
nonresidential uses in which the nonresidential uses are less than 50
percent of the total square footage of the development and are
limited to neighborhood commercial uses and to the first floor of
buildings that are two or more stories. As used in this paragraph,
"neighborhood commercial" means small-scale general or specialty
stores that furnish goods and services primarily to residents of the
neighborhood.
   (d) For purposes of this section, "lead agency" and "negative
declaration"  shall  have the same meaning as
 those terms have   defined  in Sections
21067 and 21064 of the Public Resources Code, respectively.