Amended in Assembly March 26, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 504


Introduced by Assembly Member Gonzalez

February 23, 2015


An act tobegin delete amend Section 65000 ofend deletebegin insert add Section 65108 toend insert the Government Code, relating to land use.

LEGISLATIVE COUNSEL’S DIGEST

AB 504, as amended, Gonzalez. begin deleteGeneral plans. end deletebegin insert Local planning.end insert

The Planning and Zoning Law, among other things,begin delete requires the legislative body of each county and city to adopt a comprehensive, long-term general plan for the physical development of the county or city and of any land outside its boundaries that relates to its planning, and provides for the adoption and administration of zoning laws, ordinances, rules, and regulations by counties and cities.end deletebegin insert 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.end insert

This billbegin delete would make a nonsubstantive change to these provisions.end deletebegin insert 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 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.end insert

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 65108 is added to the end insertbegin insertGovernment Codeend insertbegin insert,
2to read:end insert

begin insert
3

begin insert65108.end insert  

(a) Notwithstanding any other law, a city may delegate
4to, or authorize pursuant to a contract with, a nonprofit public
5benefit corporation organized under the Nonprofit Public Benefit
6Corporation Law (Part 2 (commencing with Section 5110) of
7Division 2 of Title 2 of the Corporations Code) the performance
8of administrative or ministerial planning functions and powers. A
9city shall retain all nonadministrative or nonministerial planning
10functions.

11(b) (1) A nonprofit public benefit corporation performing
12administrative or ministerial planning functions and powers shall
13comply with the city’s charter, contracting rules, municipal code,
14ordinances, and any other applicable parts of a general plan,
15community plan, specific plan or other plan, and all applicable
16local and state laws, including, but not limited to, the California
17Public Records Act (Chapter 3.5 (commencing with Section 6250)
18of Division 7 of Title 1, and the Ralph M. Brown Act (Chapter 9
P3    1(commencing with Section 54950) of Part 1 of Division 2 of Title
25).

3(2) Any planning action taken by a nonprofit public benefit
4corporation shall be able to be appealed to the legislative body of
5the city.

6(c) (1) On or before July 1, 2016, and annually thereafter for
7as long as the planning functions and powers continue to be
8delegated or an authorizing contract is in effect pursuant to
9subdivision (a), a nonprofit public benefit corporation shall report
10to the legislative body of the city on the planning functions it has
11undertaken in the previous calendar year that includes, but is not
12limited to, a detailed description of each planning function and
13an explanation of how it is consistent with the city’s charter,
14municipal code, ordinances, and any applicable parts of a general
15plan, community plan, specific plan or other plan, and all
16applicable local and state laws.

17(2) Each report shall be reviewed and approved by the
18legislative body of the city at a noticed public hearing.

end insert
19begin insert

begin insertSEC. 2.end insert  

end insert

begin insertThe Legislature hereby finds and declares that
20maintaining uniformity in the planning responsibilities of cities
21within this state, including charter cities, has a direct impact on
22the well-being of all residents of this state. Therefore, the
23Legislature finds and declares that authorizing a city to delegate
24to, or authorize pursuant to a contract with, a nonprofit public
25benefit corporation the performance of administrative or
26ministerial planning functions and powers within the State of
27California, is an issue of statewide concern and not a municipal
28affair, as that term is used in Section 5 of Article XI of the
29California Constitution. Therefore, this act shall apply to every
30city in this state, including a charter city and charter city and
31county.end insert

begin delete32

SECTION 1.  

Section 65000 of the Government Code is
33amended to read:

34

65000.  

This title shall be known and may be cited as the
35Planning and Zoning Law.

end delete


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