SB 611

The Planning and Zoning Law requires each county and city to adopt a comprehensive, long-term general plan for its physical development and the development of any land outside its boundaries that, in the planning agency's judgment, bears relation to its planning, as provided. After the legislative body has adopted a general plan, that law also authorizes, or if so directed by the legislative body, requires, the planning agency to prepare specific plans for the systematic implementation of the general plan for all or part of the area covered by the general plan, as provided.

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 limits the review of a project under its provisions if the parcel is zoned or designated in a community plan to accommodate a particular density of development, an environmental impact report was certified for that zoning or planning action, and the project is consistent with the zoning or community plan, as specified. CEQA requires a court, if it finds that any determination, finding, or decision of a public agency has been made without compliance with CEQA, to enter an order that includes one or more specified mandates, including a mandate to void the determination, finding, or decision of the public agency.

Previous law, until January 1, 2025, notwithstanding the above-described requirement for a court to enter an order under CEQA, prohibited a court in an action or proceeding to attack, review, set aside, void, or annul the acts or decisions of the local agency, including a charter city, in adopting an update to a community plan on the grounds of noncompliance with CEQA from, on the basis of that noncompliance, invalidating, reviewing, voiding, or setting aside the approval of a development project that meets certain requirements. Previous law specified that those provisions did not affect or alter the obligation for the approval of a development project that was consistent with an approved community plan update to comply with CEQA or, except as expressly provided, preclude or limit an action to attack, review, set aside, void, or annul the approval of a development project that was consistent with an approved community plan pursuant to specified law. Previous law provided that the repeal of those provisions does not affect any right or immunity granted by those provisions to a development project that meets specified requirements before January 1, 2025.

This bill would reenact those provisions, with certain changes. The bill would specify that its provisions would apply to an update to a community plan adopted on or after January 1, 2025, and would apply to a development project for which an application has been filed with, and accepted as complete by, the local jurisdiction on or before January 1, 2036.

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.

This bill would declare that it is to take effect immediately as an urgency statute.