Tim Grayson
- Democratic
- Assemblymember
- District 15
Author
(1) Existing law, the Planning and Zoning Law, requires each county and city to adopt a comprehensive, long-term general plan for the physical development of the county or city, and of certain land outside its boundaries. Existing law requires that county or city zoning ordinances be consistent with the general plan of the county or city by January 1, 1974. Existing law authorizes any resident or property owner to bring an action or proceeding in the superior court to enforce compliance with these provisions within 90 days of the enactment of any new zoning ordinance or the amendment of any existing zoning ordinance. Existing law requires a zoning ordinance to be amended within a reasonable time so that it is consistent with the general plan in the event that the ordinance becomes inconsistent with the plan by reason of amendment to the plan. This bill, in the event that a zoning ordinance becomes inconsistent with a general plan due to an amendment to the general plan and a local agency receives a development application for a project that is not subject to specified provisions of law relating to housing development projects and that is consistent with the general plan but inconsistent with a zoning ordinance, would require the local agency to either amend the zoning ordinance within 180 days from the receipt of the development application to be consistent with the general plan, or to process the development application, as specified. If a local agency does not amend the zoning ordinance within 180 days from the receipt of the development application, the bill would require the local agency to process the development application. The bill would also provide that a proposed development is not deemed inconsistent with any zoning ordinance or related zoning standard or criteria, and is not required to be rezoned to accommodate the proposed development, if there is substantial evidence that would allow a reasonable person to conclude that the proposed development is consistent with objective general plan standards and criteria but the zoning for the project site is inconsistent with the general plan. The bill would authorize any resident or property owner to bring an action or proceeding in the superior court to enforce compliance with these provisions within 90 days of a local agency's failure to comply. By imposing new duties on local agencies with regard to local planning and zoning, the bill would impose a state-mandated local program. (2) 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. (3) The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.
Approved by the Governor.
Chaptered by Secretary of State - Chapter 748, Statutes of 2023.
Enrolled and presented to the Governor at 4:30 p.m.
Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 78. Noes 0. Page 3046.).
Assembly Rule 77 suspended. (Page 3011.)
Read third time. Passed. Ordered to the Assembly. (Ayes 38. Noes 0. Page 2417.).
In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 8 pursuant to Assembly Rule 77.
Read second time. Ordered to third reading.
From committee: Do pass. (Ayes 6. Noes 0.) (September 1).
In committee: Hearing postponed by committee.
From committee: Do pass and re-refer to Com. on APPR. (Ayes 11. Noes 0.) (July 6). Re-referred to Com. on APPR.
Read second time and amended. Re-referred to Com. on JUD.
From committee: Amend, and do pass as amended and re-refer to Com. on JUD. (Ayes 7. Noes 0.) (June 21).
In Senate. Read first time. To Com. on RLS. for assignment.
Read third time. Passed. Ordered to the Senate. (Ayes 79. Noes 1. Page 1872.)
Read second time. Ordered to third reading.
From committee: Do pass. (Ayes 15. Noes 0.) (May 18).
Joint Rule 62(a), file notice suspended. (Page 1580.)
In committee: Set, first hearing. Referred to APPR. suspense file.
Read second time and amended.
From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (April 26).
From committee: Do pass and re-refer to Com. on H. & C.D. (Ayes 7. Noes 1.) (April 19). Re-referred to Com. on H. & C.D.
From committee chair, with author's amendments: Amend, and re-refer to Com. on L. GOV. Read second time and amended.
From committee chair, with author's amendments: Amend, and re-refer to Com. on L. GOV. Read second time and amended.
Referred to Coms. on L. GOV. and H. & C.D.
From printer. May be heard in committee March 16.
Read first time. To print.
| Bill Text Versions | Format |
|---|---|
| AB821 | HTML |
| 02/13/23 - Introduced | |
| 04/06/23 - Amended Assembly | |
| 04/11/23 - Amended Assembly | |
| 05/01/23 - Amended Assembly | |
| 06/22/23 - Amended Senate | |
| 09/11/23 - Enrolled | |
| 10/11/23 - Chaptered |
| Document | Format |
|---|---|
| 04/18/23- Assembly Local Government | |
| 04/24/23- Assembly Housing and Community Development | |
| 05/15/23- Assembly Appropriations | |
| 05/19/23- ASSEMBLY FLOOR ANALYSIS | |
| 06/16/23- Senate Governance and Finance | |
| 07/03/23- Senate Judiciary | |
| 08/18/23- Senate Appropriations | |
| 09/02/23- Sen. Floor Analyses | |
| 09/06/23- ASSEMBLY FLOOR ANALYSIS |
Data on Open States is updated periodically throughout the day from the official website of the California State Legislature.
If you notice any inconsistencies with these official sources, feel free to file an issue.