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AB-202 Planning and zoning: permits.(2017-2018)

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Date Published: 04/07/2017 04:00 AM
AB202:v97#DOCUMENT

Amended  IN  Assembly  April 06, 2017
Amended  IN  Assembly  March 23, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill
No. 202


Introduced by Assembly Member Steinorth

January 23, 2017


An act to add Section 65805 to the Government Code, relating to land use.


LEGISLATIVE COUNSEL'S DIGEST


AB 202, as amended, Steinorth. Planning and zoning: permits.
The Planning and Zoning Law provides for the adoption and administration of zoning laws, ordinances, rules, and regulations by counties and cities, including a general plan of a county or city. Existing law authorizes the legislative body of a county or city to adopt ordinances that regulate the use of buildings, structures, and land for industry, business, residences, open space, including agriculture, recreation, enjoyment of scenic beauty, use of natural resources, and other purposes, and regulate the location, height, bulk, number of stores, and size of buildings and structures, and the size and use of lots.
The Permit Streamlining Act establishes procedures for the application for a development project. Existing law requires a public agency to notify applicants for development permits of specified information, including the time limits established for the review and approval of development permits.
This bill would, among other things, require all grading, foundation, building, and use permits required by a city, county, or city and county with a population greater than 15,000 for a development project that creates, or results in an increase of, 50,000 gross square feet or more of nonresidential floor area, or for a development project that creates, or results in an increase of, not more than 50 or more residential dwelling units or guest rooms, or combination thereof, rooms to be issued ministerially approved, conditionally approved, or denied by a director of the lead planning who is appointed by the legislative body. agency, or a designee, in accordance with this bill. The bill would require the director or designee to make certain findings before approving these permits. The bill would authorize the director or designee, in approving a site plan application for a development project, to condition, modify, or both the development project, or select an alternative project, as the director deems necessary to implement the general and specific plans and to mitigate the significant adverse effects of the development project on the environment and surrounding areas. The bill would require the director or designee to establish administrative methods, guidelines, procedures, and forms as may be necessary to expeditiously review and render a decision prior to processing a site plan application for a development project. The bill would require the director or designee, upon a finding that the development project may have a significant effect on neighboring properties, to set the site plan application for a public hearing. The bill would require the director or designee to approve, conditionally approve, or deny a site plan application for a development project and issue a notice of determination to the applicant within a specified time period and would authorize an appeal to the area planning commission not more 15 days from the issuance of the notice of determination. By increasing the duties of local officials, this bill would impose a state-mandated local program.
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.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 Section 65805 is added to the Government Code, to read:

65805.
 (a) Each grading permit, foundation permit, building permit, and use permit required by a city, county, or city or and county for a development project that creates, or results in an increase of, 50,000 gross square feet or more of nonresidential floor area, or for a development project that creates, or results in an increase of, not more than 50 or more residential dwelling units or guest rooms, or combination thereof, rooms shall be issued by a director of planning who is appointed by the legislative body. ministerially approved, conditionally approved, or denied by the director of the lead planning agency, or by an employee of the planning agency designated by the director, in accordance with this section.
(b) In approving a site plan application for a development project, the director or designee may condition, modify, or both the development project, or select an alternative project, as the director deems necessary to implement the general and specific plans and to mitigate the significant adverse effects of the development project on the environment and surrounding areas.
(c) The director or designee shall establish administrative methods, guidelines, procedures, and forms as may be necessary to expeditiously review and render a decision prior to processing a site plan application for a development project.
(d) The director or designee shall do either of the following, in accordance with the California Environmental Quality Act (CEQA) (Division 13 (commencing with Section 21000) of the Public Resources Code) and state or local guidelines adopted pursuant to CEQA, prior to approving or conditionally approving a site plan application for a development project:
(1) Approve a proposed negative declaration or mitigated negative declaration.
(2) Certify completion of an environmental impact report.
(e) Before approving a permit described in subdivision (a), the director or designee shall make both of the following findings:
(1) The development project substantially conforms to the purposes, intent, and provisions of the general plan, applicable community plan, or applicable specific plan, or any combination thereof.
(2) All aspects of the development project, including the arrangement of buildings and structures, height, bulk, and setback conditions, off-street parking facilities, loading areas, lighting, landscaping, trash collection, and other pertinent conditions, are or will be compatible with existing and future development described in the general or specific plans.
(f) If the director or designee finds that the development project may have a significant effect on neighboring properties, the director or designee shall set the site plan application for a public hearing.
(g) (1) The director or designee shall approve, conditionally approve, or deny a site plan application for a development project and issue a notice of determination to the applicant within 60 days after the later of the following:
(A) The application filing date.
(B) The date that an environmental impact report, when required, is certified as complete.
(2) The deadline described in paragraph (1) may be extended by not more than 45 days by mutual consent of the applicant and the director.
(h) A decision by the director or designee to approve, conditionally approve, or deny a site plan application may be appealed to the area planning commission of the area where the property is located not more than 15 days from issuance of the notice of determination described in subdivision (g).
(i) Notwithstanding any other provision of this section, a city, county, or city and county may establish a different procedure for the approval, conditional approval, or denial of a permit described in subdivision (a) or site plan application if this procedure is described in the general plan or specific plan, when the procedure is specifically described in plain text and the area subject to the general plan or specific plan includes one or both of the following:
(1) An environmentally sensitive area, as defined in Section 30107.5 of the Public Resources Code.
(2) A historic district, as defined in Section 5020.1 of the Public Resources Code.
(j) This section shall only apply to a city, county, or city and county, including a charter city, that has a population greater than 15,000, based on the most recent census calculation.

SEC. 2.

 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.