Amended in Senate August 18, 2015

Amended in Senate June 24, 2015

Amended in Assembly March 26, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 504

Introduced by Assembly Member Gonzalez

February 23, 2015

An act to add Section 65108 to the Government Code, relating to land use.

LEGISLATIVE COUNSEL’S DIGEST

AB 504, as amended, Gonzalez. Local planning.

The Planning and Zoning Law, among other things, 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, 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 ministerial planning functions, as defined, and require that the city retain all nonministerial planning functions. The bill would require a nonprofit public benefit corporation performing ministerial planning functions 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 begin delete any end delete begin insert a end insert planning begin delete action end delete begin insert function end insert taken by a nonprofit public benefit corporation to be able to be appealed to the legislative body of the begin delete city. end delete begin insert city, as specified. end insert 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 ministerial planning functions. A city shall retain all
nonministerial planning functions.

(b) (1) A nonprofit public benefit corporation performing
ministerial planning functions 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 begin delete action taken end delete begin insert function approved end insert by a nonprofit
public benefit corporation shall be able to be appealed to the
legislative body of the begin delete city. end delete begin insert city if both of the following apply: end insert

begin insert

(A) The planning function results in approval of a project that
is not exempt from Division 13 (commencing with Section 21000)
of the Public Resources Code.

end insert begin insert

(B) The planning function pertains to a project that includes
any of the following:

end insert begin insert

(i) No less than 50 residential units.

end insert begin insert

(ii) No less than 50 hotel rooms.

end insert begin insert

(iii) No less than 25,000 square feet of commercial space.

end insert

(c) (1) On or before July 1, 2016, and annually thereafter for
as long as the planning functions 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.

(d) For purposes of this section, the following definitions shall
apply:

(1) “Ministerial” means a plain and mandatory duty involving
the execution of a set task that is to be performed without the
exercise of discretion.

(2) “Planning begin delete functions” include, but are end delete begin insert function” includes,
but is end insert not limited to, enactment of a zoning regulation, amendment
of a general plan, specific plan, and all other planning documents,
issuance of a tentative map, development permit, planned
development permit, site development permit, begin delete use permit,
conditional use permit, end delete coastal development permit, and a variance
or any other land use permit, begin delete design review approval, end delete determination
of consistency with a general plan, specific plan, and all other
applicable planning documents, imposition of conditions of
approval and mitigation measures, adoption of findings pursuant
to the California Environmental Quality Act (CEQA)(Division 13
(commencing with Section 21000) of the Public Resources Code),
certification of an environmental impact report pursuant to CEQA,
approval of a negative declaration or mitigated negative declaration
pursuant to CEQA, determination that a project is not subject to
CEQA, adoption of a statement of overriding considerations
pursuant to CEQA, adoption of a mitigation monitoring and
reporting program pursuant to CEQA, and any other actions or
determinations made pursuant to CEQA.

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 planning responsibilities
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.