California Legislature—2015–16 Regular Session

Assembly BillNo. 1478


Introduced by Assembly Member Maienschein

February 27, 2015


An act to amend Section 65361 of the Government Code, relating to land use.

LEGISLATIVE COUNSEL’S DIGEST

AB 1478, as introduced, Maienschein. Land use planning.

Existing law provides that a city or county may apply for, and the Director of State Planning and Research is required to grant, a reasonable extension of time for the preparation and adoption of all or part of the city’s or county’s general plan, if the legislative body of the city or county makes any one of 6 specified findings.

This bill would make nonsubstantive changes to the law authorizing the above extension.

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

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

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SECTION 1.  

Section 65361 of the Government Code is
2amended to read:

3

65361.  

(a) Notwithstanding any otherbegin delete provision ofend delete law, upon
4application by a city or county, the Director ofbegin insert Stateend insert Planning and
5Research shall grant a reasonable extension of time not to exceed
6two years from the date of issuance of the extension, for the
7preparation and adoption of all or part of the general plan, if the
P2    1legislative body of the city or county, after a public hearing, makes
2any of the following findings:

3(1) Data required for the general plan shall be provided by
4another agency and it has not yet been provided.

5(2) In spite of sufficient budgetary provisions and substantial
6recruiting efforts, the city or county has not been able to obtain
7necessary staff or consultant assistance.

8(3) A disaster has occurred requiring reassignment of staff for
9an extended period or requiring a complete reevaluation and
10revision of the general plan, or both.

11(4) Local review procedures require an extended public review
12process that has resulted in delaying the decision by the legislative
13body.

14(5) The city or county is jointly preparing all or part of the
15general plan with one or more other jurisdictions pursuant to an
16existing agreement and timetable for completion.

17(6) Other reasons exist that justify the granting of an extension,
18so that the timely preparation and adoption of a general plan is
19promoted.

20(b) The director shall not grant an extension of time for the
21preparation and adoption of a housing element except in the case
22of a newly incorporated city or newly formed county that cannot
23meet the deadline set by Section 65360. Before the director grants
24an extension of time pursuant to this subdivision, he or she shall
25consult with the Director of Housing and Community
26Development.

27(c) The application for an extension shall contain all of the
28following:

29(1) A resolution of the legislative body of the city or county
30adopted after public hearing setting forth in detail the reasons why
31the general plan was not previously adopted as required by law or
32needs to be revised, including one or more of the findings made
33by the legislative body pursuant to subdivision (a), and the amount
34of additional time necessary to complete the preparation and
35adoption of the general plan.

36(2) A detailed budget and schedule for preparation and adoption
37of the general plan, including plans for citizen participation and
38expected interim action. The budget and schedule shall be of
39sufficient detail to allow the director to assess the progress of the
40applicant at regular intervals during the term of the extension. The
P3    1schedule shall provide for adoption of a complete and adequate
2general plan within two years of the date of the application for the
3extension.

4(3) A set of proposed policies and proceduresbegin delete whichend deletebegin insert thatend insert would
5ensure, during the extension of time granted pursuant to this
6section, that the land use proposed in an application for a
7subdivision, rezoning, use permit, variance, or building permit will
8be consistent with the general plan proposal being considered or
9studied.

10(d) The director may impose any conditions on extensions of
11time granted that the director deems necessary to ensure compliance
12with the purposes and intent of this title. Those conditions shall
13apply only to those parts of the general plan for which the extension
14has been granted. In establishing those conditions, the director
15may adopt or modify and adopt any of the policies and procedures
16proposed by the city or county pursuant to paragraph (3) of
17subdivision (c).

18(e) During the extension of time specified in this section, the
19city or county is not subject to the requirement that a complete and
20adequate general plan be adopted, or the requirements that it be
21adopted within a specific period of time. Development approvals
22shall be consistent with those portions of the general plan for which
23an extension has been granted, except as provided by the conditions
24imposed by the director pursuant to subdivision (d). Development
25approvals shall be consistent with any element or elements that
26have been adopted and for which an extension of time is not sought.

27(f) If a city or county that is granted a time extension pursuant
28to this section determines that it cannot complete the elements of
29the general plan for which the extension has been granted within
30the prescribed time period, the city or county may request one
31additional extension of time, which shall not exceed one year, if
32the director determines that the city or county has made substantial
33progress toward the completion of the general plan. This
34subdivision shall not apply to an extension of time granted pursuant
35to subdivision (b).

36(g) An extension of time granted pursuant to this section for the
37preparation and adoption of all or part of a city or county general
P4    1plan is exempt from Division 13 (commencing with Section 21000)
2of the Public Resources Code.



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