HomeMy WebLinkAbout2017-06-13 - AGENDA REPORTS - STATE LEGISLATION: ASSEMBLY BILL 190 (2)Agenda Item: 3
CITY OF SANTA CLARITA
Q) AGENDA REPORT
CONSENT CALENDAR
CITY MANAGER APPROVAL: 1
P441)
DATE: June 13, 2017
SUBJECT: STATE LEGISLATION: ASSEMBLY BILL 190
DEPARTMENT: City Manager's Office
PRESENTER: Masis Hagobian
RECOMMENDED ACTION
City Council adopt the Legislative Committee's recommendation to oppose Assembly Bill 190
(Steinorth) and transmit position statements to Assembly Member Steinorth, Santa Clarita's state
legislative delegation, appropriate legislative committees, Governor Brown, and the League of
California Cities.
BACKGROUND
Authored by Assembly Member Marc Steinorth (R -40 -Rancho Cucamonga), Assembly Bill 190
proposes to require a local agency's planning department to approve or disapprove the design of
a development project within 30 days.
Specifically, this bill:
1. Authorizes a 30 day deadline, from when a project's application is determined complete,
for a local agency's planning department to approve or disapprove the design of a
development project.
2. Authorizes that if a design is not approved or disapproved within 30 days from when the
completed development project application is submitted, the design of the development
project is deemed approved on the 31" day.
3. Defines the date that the application has been determined to be complete as any of the
following:
a. The date of certification by the lead agency of the environmental impact report.
b. The date of adoption by the lead agency of the negative declaration.
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c. The date of a determination by the lead agency that the project is exempt from the
California Environmental Quality Act (CEQA).
4. Defines a "development project" as either of the following:
a. Residential units only.
b. 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.
Existing law requires that a local agency's planning department approve or disapprove the design
of a development project within 120 days from the date an application has been determined to be
complete. This bill would require the City's Planning Department to approve or disapprove the
design of a development project within 30 days from the date a completed application is
submitted for review.
The City's Planning Department has two review processes included in the City's Unified
Development Code. If Assembly Bill 190 were to pass, the City Planning Department would be
required to complete an Architectural Design Review (Section 17.23.110, Unified Development
Code) or a Development Review (Section 17.23.120, Unified Development Code) within 30
days from the date a completed development project application is submitted for review.
Typically, the City of Santa Clarita's Planning Department approves or disapproves a design
review within the timeframe proposed in this bill; however, there are instances where a
development project may require a longer timeframe for the design review phase. Depending on
the number of applications submitted for review and the size of the development project, some
design reviews may take more than the proposed 30 day timeframe included in this bill.
However, if Assembly Bill 190 were to pass, local authority regarding the design of a
development project would be preempted by state law if the design review exceeds 30 days.
Assembly Bill 190 was referred to the Assembly Committee on Local Government on March 28,
2017. The hearing was canceled at the request of the author and no new hearing date has been
identified at this time.
The deadline for Assembly Bill 190 to be heard by a policy committee was May 12, 2017. The
author's staff has confirmed that Assembly Bill 190 will be a two-year bill.
The City Council Legislative Committee met on May 19, 2017, and recommends that the City
Council adopt an "oppose" position for Assembly Bill 190.
ALTERNATIVE ACTION
1. Adopt a "neutral" position on Assembly Bill 190
2. Adopt a "support" position on Assembly Bill 190
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3. Take no action on Assembly Bill 190
4. Refer Assembly Bill 190 back to the Legislative Committee
5. Other action, as determined by the City Council
FISCAL IMPACT
The resources required to implement the recommended action are contained within the City of
Santa Clarita's adopted 2016/17 budget.
ATTACHMENTS
Assembly Bill 190 (Steinorth)
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AMENDED IN ASSEMBLY MARCH 27. 2017
AMENDED IN ASSEMBLY FEBRUARY 23, 2017
CALIFORNIA LEGISLATURE -2017-19 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 ofthe 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+eirtg has been determined to be complete, as speeified. or
the date ofthe certification ofthe environmental impact report, the date
ofthe adoption ofa negative declaration, or the date ofa 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 ofthe development
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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.
State -mandated local program: no.
The people of the State of California do enact as follows:
1 SECTION 1. Section 65950.3 is added to the Government
2 Code, to read:
3 65950.3. (a) If an ordinance requiring design review applies
4 to a development project, the public agency that is the lead agency,
5 as that term is defined in subdivision (d) of Section 65950, for a
6 development project shall approve or disapprove the design of the
7 development project within 30 days of
8 determitted to be eomplete pursttant to Seetion 65943. the later of
9 the following:
10 (1) The date that the application has been determined to be
11 complete pursuant to Section 65943.
12 (2) Any of the following:
13 (A) The date of certification by the lead agency of the
14 environmental impact report, if an environmental impact report
15 is prepared pursuant to Section 21100 or 21151 of the Public
16 Resources Code for the development project.
17 (B) The date of adoption by the lead agency of the negative
18 declaration, if a negative declaration is completed and adopted
19 for the development project.
20 (3) The date of a determination by the lead agency that the
21 project is exempt from the California Environmental Quality Act
22 (Division 13 (commencing with Section 21000) of the Public
23 Resources Code), if the project is exempt from that act.
24 (b) If the public agency that is the lead agency has not approved
25 or disapproved the design of the development project as required
26 pursuant to subdivision (a), the design of the development project
27 shall be deemed approved on the 31stday aRer the appheafioti
28 was determitted to be eomplete pursttant to Seetion 65943-. day.
29 (c) For purposes of this section, the following terms have the
30 following meanings:
31 (d) "Lead agency" has the same meaning as used in Section
32 21067 of the Public Resources Code.
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—3— AB 190
1 (e) "Negative declaration" has the same meaning as used in
2 Section 21064 of the Public Resources Code.
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