Amended in Assembly March 31, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 2180

Introduced by Assembly Member Ting

February 18, 2016

begin delete An act to amend Section 12935 of the Government Code, relating to fair employment and housing. end delete begin insert An act to amend Sections 65950 and 65952 of the Government Code, relating to land use. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 2180, as amended, Ting. begin delete Fair Employment and Housing Council: reports. end delete begin insert Land use: development project review. end insert

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The Permit Streamlining Act within the Planning and Zoning Law requires the lead agency that has the principal responsibility for approving a development project, as defined, to approve or disapprove the project within 180 days from the date of certification of an environmental impact report. Existing law requires approval or disapproval within 90 days from the date of certification if at least 49% of the units within the development project are affordable to very low or low-income households. Existing law also requires approval or disapproval within 60 days from the date of the adoption of a negative declaration, or the determination by the lead agency that the project is exempt from the California Environmental Quality Act.

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This bill would require approval or disapproval within 120 days from the date of certification of an environmental impact report when the development project consists of either residential units only or mixed use development in which the nonresidential uses are less than 50% of the total square footage of the development, among other conditions.

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The Planning and Zoning Law requires any public agency that is a responsible agency for a development project to approve or disapprove a development project that has been approved by the lead agency within the longer of 180 days from the date on which the lead agency has approved the project or within 180 days of the date on which the completed application for the development project has been accepted as complete by that responsible agency.

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This bill would reduce each time period to within 90 days when the development project consists of either residential units only or mixed use development in which the nonresidential uses are less than 50% of the total square footage of the development and other conditions are met.

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By increasing the duties of local officials, this bill would impose a state-mandated local program.

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The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

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This bill would provide that no reimbursement is required by this act for a specified reason.

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Existing law creates the Fair Employment and Housing Council within the Department of Fair Employment and Housing, and requires that the council be appointed by the Governor, as prescribed. Existing law authorizes and requires the council to issue reports to the Governor and the Legislature that, in its judgment will aid in effectuating the purposes of the Fair Employment and Housing Act.

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This bill would require the council to issue a biennial report with its recommendations to the Governor and the Legislature.

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Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program:  begin delete no end delete begin insert yes end insert .

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

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begin insert SECTION 1. end insert   

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begin insert Section 65950 of the end insert begin insert Government Code end insert begin insert is
amended to read: end insert

65950.  

(a) Any public agency that is the lead agency for a
development project shall approve or disapprove the project within
whichever of the following periods is applicable:

(1) One hundred eighty days from the date of certification by
the lead agency of the environmental impact begin delete report end delete begin insert report, end insert if an
environmental impact report is prepared pursuant to Section 21100
or 21151 of the Public Resources Code for the development project.

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(2) One hundred twenty days from the date of certification by
the lead agency of the environmental impact report, if an
environmental impact report is prepared pursuant to Section 21100
or 21151 of the Public Resources Code for a development project
defined in subdivision (c).

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(2)

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begin insert (3) end insert  Ninety days from the date of certification by the lead agency
of the environmental impact begin delete report end delete begin insert report, end insert if an environmental
impact report is prepared pursuant to Section 21100 or 21151 of
the Public Resources Code for begin delete the end delete begin insert a end insert development project begin insert defined
in subdivision (c) end insert and all of the following conditions are met:

(A) At least 49 percent of the units in the development project
are affordable to very low or low-income households, as defined
by Sections 50105 and 50079.5 of the Health and Safety Code,
respectively. Rents for the lower income units shall be set at an
affordable rent, as that term is defined in Section 50053 of the
Health and Safety Code, for at least 30 years. Owner-occupied
units shall be available at an affordable housing cost, as that term
is defined in Section 50052.5 of the Health and Safety Code.

(B) Prior to the application being deemed complete for the
development project pursuant to Article 3 (commencing with
Section 65940), the lead agency received written notice from the
project applicant that an application has been made or will be made
for an allocation or commitment of financing, tax credits, bond
authority, or other financial assistance from a public agency or
federal agency, and the notice specifies the financial assistance
that has been applied for or will be applied for and the deadline
for application for that assistance, the requirement that one of the
approvals of the development project by the lead agency is a
prerequisite to the application for or approval of the application
for financial assistance, and that the financial assistance is
necessary for the project to be affordable as required pursuant to
subparagraph (A).

(C) There is confirmation that the application has been made
to the public agency or federal agency prior to certification of the
environmental impact report.

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(3)

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begin insert (4) end insert  Sixty days from the date of adoption by the lead agency of
the negative begin delete declaration end delete begin insert declaration, end insert if a negative declaration is
completed and adopted for the development project.

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(4)

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begin insert (5) end insert  Sixty days from the determination by the lead agency that
the project is exempt from the California Environmental Quality
Act (Division 13 (commencing with Section 21000) of the Public
Resources begin delete Code) end delete begin insert Code), end insert if the project is exempt from begin delete the California
Environmental Quality Act. end delete begin insert that act. end insert

(b) This section does not preclude a project applicant and a
public agency from mutually agreeing in writing to an extension
of any time limit provided by this section pursuant to Section
65957.

(c) For purposes of begin delete paragraph end delete begin insert paragraphs end insert (2) begin insert and (3) end insert of
subdivision begin delete (a), end delete begin insert (a) and Section 65952, end insert “development begin delete project“ end delete
begin insert project end insert begin insert ” end insert means a use consisting of either of the following:

(1) Residential units only.

(2) Mixed-use developments consisting of residential and
nonresidential uses in which the nonresidential uses are less than
50 percent of the total square footage of the development and are
limited to neighborhood commercial uses and to the first floor of
buildings that are two or more stories. As used in this paragraph,
“neighborhood commercial” means small-scale general or specialty
stores that furnish goods and services primarily to residents of the
neighborhood.

(d) For purposes of this section, “lead agency” and “negative
declaration” begin delete shall end delete have the same meaning as begin delete those terms have end delete
begin insert defined end insert in Sections 21067 and 21064 of the Public Resources Code,
respectively.

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begin insert SEC. 2. end insert   

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begin insert Section 65952 of the end insert begin insert Government Code end insert begin insert is amended to
read: end insert

65952.  

(a)  begin delete Any end delete begin insert A end insert public agency begin delete which end delete begin insert that end insert is a responsible
agency for a development project that has been approved by the
lead agency shall approve or disapprove the development project
within whichever of the following periods of time is longer:

(1) Within 180 days from the date on which the lead agency
has approved the project.

(2) Within 180 days of the date on which the completed
application for the development project has been received and
accepted as complete by that responsible agency.

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(b) A public agency that is a responsible agency for a
development project described in paragraph (2) or (3) of
subdivision (a) of Section 65950 that has been approved by the
lead agency shall approve or disapprove the development project
within whichever of the following periods of time is longer:

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(1) Within 90 days from the date on which the lead agency has
approved the project.

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(2) Within 90 days of the date on which the completed
application for the development project has been received and
accepted as complete by that responsible agency.

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(b)

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begin insert (c) end insert  At the time a decision by a lead agency to disapprove a
development project becomes final, applications for that project
which are filed with responsible agencies shall be deemed
withdrawn.

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begin insert SEC. 3. end insert   

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No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
a local agency or school district has the authority to levy service
charges, fees, or assessments sufficient to pay for the program or
level of service mandated by this act, within the meaning of Section
17556 of the Government Code.

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SECTION 1.  

Section 12935 of the Government Code is
amended to read:

12935.  

(a) The council shall have the following functions,
powers, and duties:

(1) To adopt, promulgate, amend, and rescind suitable rules,
regulations, and standards that do either of the following:

(A) Interpret, implement, and apply all provisions of this part.

(B) Carry out all other functions and duties of the council
pursuant to this part.

(2) To meet at any place within the state and function in any
office of the department.

(3) To create or provide technical assistance to any advisory
agencies and conciliation councils, local or otherwise, as in its
judgment will aid in effectuating the purposes of this part, and to
empower them to study the problems of discrimination in all or
specific fields of human relationships or in particular instances of
employment discrimination on the bases enumerated in this part
or in specific instances of housing discrimination on the bases
enumerated in this part and to foster, through community effort or
otherwise, good will, cooperation, and conciliation among the
groups and elements of the population of the state and to make
recommendations to the Fair Employment and Housing Council
for the development of policies and procedures in general except
for procedural rules and regulations that carry out the investigation,
prosecution, and dispute resolution functions and duties of the
department. These advisory agencies and conciliation councils
shall be composed of representative citizens, serving without pay.

(4) To hold hearings, issue publications, and issue the results
of inquiries and research, that, in its judgment, will tend to aid in
the effectuating the purpose of this part, promote good will,
cooperation and conciliation, and minimize or eliminate unlawful
discrimination, or advance civil rights in the State of California.

(b) (1) The council shall issue a biennial report with its
recommendations to the Governor and the Legislature.

(2) The report required by paragraph (1) shall be submitted in
compliance with Section 9795.

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