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AB-190 Local government: development permits: design review.(2017-2018)

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Date Published: 03/28/2017 04:00 AM
AB190:v97#DOCUMENT

Amended  IN  Assembly  March 27, 2017
Amended  IN  Assembly  February 23, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 190


Introduced by Assembly Member Steinorth

January 19, 2017


An act to add Section 65950.3 to the Government Code, relating to local government.


LEGISLATIVE COUNSEL'S DIGEST


AB 190, as amended, Steinorth. Local government: development permits: design review.
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 a specified number of days from the date of certification of an environmental impact report, 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.
This bill would require a lead agency, where an ordinance requiring design review applies to a development project, to approve or disapprove the design of the development project within 30 days of the date that application being has been determined to be complete, as specified. or the date of the certification of the environmental impact report, the date of the adoption of a negative declaration, or the date of a determination that the project is exempt from the California Environmental Quality Act, whichever occurs later. The bill would provide, that if the lead agency has not approved or disapproved the design of the development project within that 30-day period, the design of the project is deemed to be approved on the 31st day.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

 Section 65950.3 is added to the Government Code, to read:

65950.3.
 (a) If an ordinance requiring design review applies to a development project, the public agency that is the lead agency, as that term is defined in subdivision (d) of Section 65950, for a development project shall approve or disapprove the design of the development project within 30 days of the application being determined to be complete pursuant to Section 65943. the later of the following:
(1) The date that the application has been determined to be complete pursuant to Section 65943.
(2) Any of the following:
(A) 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 the development project.
(B) The date of adoption by the lead agency of the negative declaration, if a negative declaration is completed and adopted for the development project.
(3) The date of a 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 Code), if the project is exempt from that act.
(b) If the public agency that is the lead agency has not approved or disapproved the design of the development project as required pursuant to subdivision (a), the design of the development project shall be deemed approved on the 31st day after the application was determined to be complete pursuant to Section 65943. day.
(c) For purposes of this section, the following terms have the following meanings:
(d) “Lead agency” has the same meaning as used in Section 21067 of the Public Resources Code.
(e) “Negative declaration” has the same meaning as used in Section 21064 of the Public Resources Code.