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 1 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) In addition to any appeals authorized by subdivision (c) of Section 21151 of the Public Resources Code, any 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, or any other planning documents, issuance of a tentative map, development permit, planned development permit, site development permit, coastal development permit, variance or any other land use permit, determination of consistency with a general plan, specific plan, and all other applicable planning
documents.
(e) Nothing in this section shall affect the requirements of Division 13 (commencing with Section 21000) of the Public Resources Code.