BILL NUMBER: AB 504 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 26, 2015
INTRODUCED BY Assembly Member Gonzalez
FEBRUARY 23, 2015
An act to amend Section 65000 of add
Section 65108 to the Government Code, relating to land use.
LEGISLATIVE COUNSEL'S DIGEST
AB 504, as amended, Gonzalez. General plans.
Local planning.
The Planning and Zoning Law, among other things, 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. 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 make a nonsubstantive change to these
provisions. 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.
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. 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, 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.
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 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.
SECTION 1. Section 65000 of the Government Code
is amended to read:
65000. This title shall be known and may be cited as the Planning
and Zoning Law.