AB190:v97#DOCUMENTBill Start
Amended
IN
Assembly
March 27, 2017
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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.
Digest Key
Vote:
MAJORITY
Appropriation:
NO
Fiscal Committee:
NO
Local Program:
NO
Bill Text
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.