AB 1152

Bill Subjects

California Environmental Quality Act Public Agencies Causes Of Action Local Planning And Zoning

Abstract

(1) Existing law, the Planning and Zoning law, generally requires that an action or proceeding challenging specified decisions of a public agency be commenced, and service made on the legislative body of the agency, within 90 days after the legislative body's decision. This bill would stay any timing requirements associated with conditions of approval identified in a local zoning and planning decision during a lawsuit challenging a city, county, or city and county's zoning and planning decision. By extending conditions of approval identified in local zoning and planning decisions, this bill would impose a state-mandated local program. (2) Existing law, the California Environmental Quality Act (CEQA) , requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. CEQA requires that an action or proceeding to attack, review, set aside, void, or annul specified acts or decisions of a public agency on the grounds of noncompliance with CEQA be commenced in accordance with specified timeframes. This bill would require the time period for expiration of, and any timing requirements associated with conditions of approval identified in, a permit, agreement, or other entitlement for a project approved by a public agency to be stayed during the pendency of a legal action or proceeding challenging the approval of the project brought pursuant to CEQA. Because a public agency would be required to determine if a project qualifies for this time extension and by extending conditions of approval, this bill would impose a state-mandated local program. (3) 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.