Bills

AB 30: Environmental quality: judicial review: strip mall conversion housing projects.

  • Session Year: 2017-2018
  • House: Assembly
Version:

The California Environmental Quality Act, referred to as CEQA, requires a lead agency, as defined, to prepare, or cause to be prepared and certify the completion of an environmental impact report, referred to as an EIR, 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 establishes a procedure for the preparation and certification of the record of proceedings upon the filing of an action or proceeding challenging a lead agencys action on the grounds of noncompliance with CEQA.

CEQA requires that an action or proceeding to attack, review, set aside, void or annul a determination, finding, or decision of a public agency, as provided, on the grounds of noncompliance with its provisions be brought in accordance with specified law governing administrative mandamus. CEQA requires a court to make specified orders if it finds that any determination, finding, or decision of a public agency has been made without compliance with CEQA, but prohibits a court from enjoining certain projects unless the court makes specified findings.

This bill would similarly prohibit a court from enjoining a qualified strip mall conversion housing projects, as defined, unless the court makes specified findings.

The Planning and Zoning Law requires a county or city to prepare and adopt a comprehensive, long-term general plan for the physical development of the county or city. After the legislative body has adopted a general plan, that law authorizes the preparation of specific plans by the planning agency for the systematic implementation of the general plan for all or part of the area covered by the general plan. That law generally requires that a specific plan be adopted in the same manner as a general plan, but provides that a specific plan may be adopted by resolution or by ordinance and amended as often as the legislative body deems necessary.This bill would authorize a legislative body of a city or county to identify an area of underperforming infill and direct the planning agency to prepare a specific plan, in accordance with the above described provisions and specified additional procedures, to provide for immediate development within that area. The bill would require the specific plan make certain findings relating to the need for affordable housing and to designate the specific plan area as an overlay zone in which development is permitted by right. The bill would require the legislative body conduct at least one public hearing before approving a specific plan pursuant to these provisions to provide for community participation.

Discussed in Hearing

Assembly Standing Committee on Natural Resources27MIN
May 8, 2017

Assembly Standing Committee on Natural Resources

View Older Hearings

Bill Author

News Coverage: