Bill Text: CA AB2180 | 2015-2016 | Regular Session | Chaptered
Bill Title: Land use: development project review.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Passed) 2016-09-24 - Chaptered by Secretary of State - Chapter 566, Statutes of 2016. [AB2180 Detail]
Download: California-2015-AB2180-Chaptered.html
BILL NUMBER: AB 2180 CHAPTERED
BILL TEXT
CHAPTER 566
FILED WITH SECRETARY OF STATE SEPTEMBER 24, 2016
APPROVED BY GOVERNOR SEPTEMBER 24, 2016
PASSED THE SENATE AUGUST 24, 2016
PASSED THE ASSEMBLY AUGUST 30, 2016
AMENDED IN SENATE AUGUST 17, 2016
AMENDED IN ASSEMBLY MARCH 31, 2016
INTRODUCED BY Assembly Member Ting
FEBRUARY 18, 2016
An act to amend Sections 65950 and 65952 of the Government Code,
relating to land use.
LEGISLATIVE COUNSEL'S DIGEST
AB 2180, Ting. 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 180 days from the date of certification of an
environmental impact report. Existing law requires approval or
disapproval within 90 days from the date of certification if at least
49% of the units within the development project are affordable to
very low or low-income households. Existing law also requires
approval or disapproval within 60 days from 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 require approval or disapproval within 120 days
from the date of certification of an environmental impact report when
the development project consists of either residential units only or
mixed use development in which the nonresidential uses are less than
50% of the total square footage of the development, among other
conditions.
The Planning and Zoning Law requires any public agency that is a
responsible agency for a development project to approve or disapprove
a development project that has been approved by the lead agency
within the longer of 180 days from the date on which the lead agency
has approved the project or within 180 days of the date on which the
completed application for the development project has been accepted
as complete by that responsible agency.
This bill would, for a public agency other than the California
Coastal Commission, reduce each time period to within 90 days when
the development project consists of either residential units only or
mixed use development in which the nonresidential uses are less than
50% of the total square footage of the development and other
conditions are met.
By increasing the duties of local officials, this bill would
impose a state-mandated local program.
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 PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 65950 of the Government Code is amended to
read:
65950. (a) A 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, if an environmental
impact report is prepared pursuant to Section 21100 or 21151 of the
Public Resources Code for the development project.
(2) One hundred twenty days from the date of certification by the
lead agency of the environmental impact report, if an environmental
impact report is prepared pursuant to Section 21100 or 21151 of the
Public Resources Code for a development project defined in
subdivision (c).
(3) Ninety days from the date of certification by the lead agency
of the environmental impact report, if an environmental impact report
is prepared pursuant to Section 21100 or 21151 of the Public
Resources Code for a development project defined in subdivision (c)
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.
(4) Sixty days from the date of adoption by the lead agency of the
negative declaration, if a negative declaration is completed and
adopted for the development project.
(5) 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), if the project is exempt from 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 paragraphs (2) and (3) of subdivision (a) and
Section 65952, "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" have the same meaning as defined in Sections 21067 and
21064 of the Public Resources Code, respectively.
SEC. 2. Section 65952 of the Government Code is amended to read:
65952. (a) Except as provided in subdivision (b), a public agency
that is a responsible agency for a development project that has been
approved by the lead agency shall approve or disapprove the
development project within whichever of the following periods of time
is longer:
(1) Within 180 days from the date on which the lead agency has
approved the project.
(2) Within 180 days of the date on which the completed application
for the development project has been received and accepted as
complete by that responsible agency.
(b) A public agency other than the California Coastal Commission
that is a responsible agency for a development project described in
paragraph (2) or (3) of subdivision (a) of Section 65950 that has
been approved by the lead agency shall approve or disapprove the
development project within whichever of the following periods of time
is longer:
(1) Within 90 days from the date on which the lead agency has
approved the project.
(2) Within 90 days of the date on which the completed application
for the development project has been received and accepted as
complete by that responsible agency.
(c) At the time a decision by a lead agency to disapprove a
development project becomes final, applications for that project
which are filed with responsible agencies shall be deemed withdrawn.
SEC. 3. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because a
local agency or school district has the authority to levy service
charges, fees, or assessments sufficient to pay for the program or
level of service mandated by this act, within the meaning of Section
17556 of the Government Code.
