Amended in Senate September 4, 2015

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 a planning function taken end delete begin insert any planning function approved end insert by a nonprofit public benefit corporation to be able to be appealed to the legislative body of the city, as specified. 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 begin delete 2 end delete begin insert 1 end insert 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)  begin delete Any end delete begin insert In addition to any appeals authorized by subdivision
(c) of Section 21151 of the Public Resources Code, any end insert planning
function approved by a nonprofit public benefit corporation shall
be able to be appealed to the legislative body of the city if both of
the following apply:

(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.

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

(i) No less than 50 residential units.

(ii) No less than 50 hotel rooms.

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

(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 function” includes, but is not limited to, enactment
of a zoning regulation, amendment of a general plan, specific plan,
begin delete and all end delete begin insert or any end insert other planning documents, issuance of a tentative
map, development permit, planned development permit, site
development permit, coastal development permit, begin delete and a end delete variance
or any other land use permit, determination of consistency with a
general plan, specific plan, and all other applicable planning
begin delete 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 toCEQA,
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. end delete begin insert documents. end insert

begin insert

(e) Nothing in this section shall affect the requirements of
Division 13 (commencing with Section 21000) of the Public
Resources Code.

end insert

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.