Bill Text: CA SB1464 | 2009-2010 | Regular Session | Enrolled

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Bill Title: Land use planning.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Enrolled - Dead) 2010-08-02 - In Assembly. Held at Desk. [SB1464 Detail]

Download: California-2009-SB1464-Enrolled.html

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BILL NUMBER: SB 1464	ENROLLED
	BILL TEXT

	PASSED THE SENATE  APRIL 26, 2010
	PASSED THE ASSEMBLY  JULY 1, 2010
	AMENDED IN SENATE  MARCH 24, 2010

INTRODUCED BY   Senator Simitian

                        FEBRUARY 19, 2010

   An act to amend Section 65919.10 of the Government Code, and to
amend Section 21083.9 of the Public Resources Code, relating to land
use planning.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1464, Simitian. Land use planning.
   (1) The California Environmental Quality Act (CEQA) requires a
lead agency to prepare, or cause to be prepared, and certify the
completion of, an environmental impact report on a project, as
defined, that it proposes to carry out or approve that may have a
significant effect on the environment, as defined, or to adopt a
negative declaration if it finds that the project will not have that
effect. CEQA requires a lead agency to call a scoping meeting for a
project of statewide, regional, or areawide significance, and
requires the lead agency to provide notice of at least one of those
scoping meetings to specified entities, including a county or city
that borders on a county or city within which the project is located,
unless otherwise designated annually by agreement between the lead
agency and county or city.
   This bill would authorize the referral of a proposed action to
adopt or substantially amend a general plan to a city or county
within or abutting the area covered by the proposal by a planning
agency prior to action by a legislative body to adopt or amend the
general plan to be conducted concurrently with the scoping meeting.
The city or county would be authorized to submit specified comments
at the scoping meeting.
   (2) Existing law authorizes a county and a city to agree upon a
procedure for referral to, and comment by, the city or county
concerning the other entity's proposals to adopt or amend all or part
of a general or specific plan or zoning ordinance, as specified.
   This bill would make a technical, nonsubstantive change to this
authorization.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 65919.10 of the Government Code is amended to
read:
   65919.10.  If the proposed action is a change in a zoning
ordinance, the county or city need not refer the zoning proposal to
an affected city or county, as the case may be, if the zoning
proposal is consistent with the general plan and the general plan
proposal was referred and acted upon pursuant to this chapter.
  SEC. 2.  Section 21083.9 of the Public Resources Code is amended to
read:
   21083.9.  (a) Notwithstanding Section 21080.4, 21104, or 21153, a
lead agency shall call at least one scoping meeting for either of the
following:
   (1) A proposed project that may affect highways or other
facilities under the jurisdiction of the Department of Transportation
if the meeting is requested by the department. The lead agency shall
call the scoping meeting as soon as possible, but not later than 30
days after receiving the request from the Department of
Transportation.
   (2) A project of statewide, regional, or areawide significance.
   (b) The lead agency shall provide notice of at least one scoping
meeting held pursuant to paragraph (2) of subdivision (a) to all of
the following:
   (1) (A) A county or city that borders on a county or city within
which the project is located, unless otherwise designated annually by
agreement between the lead agency and the county or city.
   (B) The referral of a proposed action to adopt or substantially
amend a general plan to a city or county pursuant to paragraph (1) of
subdivision (a) of Section 65352 of the Government Code may be
conducted concurrently with the scoping meeting required pursuant to
this section, and the city or county may submit its comments as
provided pursuant to subdivision (b) of that section at the scoping
meeting.
   (2) A responsible agency.
   (3) A public agency that has jurisdiction by law with respect to
the project.
   (4) A transportation planning agency or public agency required to
be consulted pursuant to Section 21092.4.
   (5) An organization or individual who has filed a written request
for the notice.
   (c) For an entity, organization, or individual that is required to
be provided notice of a lead agency public meeting, the requirement
for notice of a scoping meeting pursuant to subdivision (b) may be
met by including the notice of a scoping meeting in the public
meeting notice.
   (d) A scoping meeting that is held in the city or county within
which the project is located pursuant to the National Environmental
Policy Act (42 U.S.C. Sec. 4321 et seq.) and the regulations adopted
pursuant to that act shall be deemed to satisfy the requirement that
a scoping meeting be held for a project subject to paragraph (2) of
subdivision (a) if the lead agency meets the notice requirements of
subdivision (b) or subdivision (c).