HomeMy WebLinkAboutLegislative Review - SB1263 (Torlakson) - Mandatory Approval of Dvlpmnt Prjcts-Y-s
CITY OF PALM DESERT
COMMUNITY SERVICES DEPARTMENT
STAFF REPORT
REQUEST: REQUEST FOR CONSIDERATION OF LEGISLATIVE REVIEW
COMMITTEE ACTION ON SB1263 (TORLAKSON) AT ITS MEETING
OF APRIL 27, 2004.
DATE: May 13, 2004
CONTENTS: SB1263 LANGUAGE
Recommendation:
By Minute Motion, concur with the action taken by the Legislative Review Committee at its
meeting of April 27, 2004, and direct staff to prepare a letter of opposition for the Mayor's
signature with regard to SB1263 (Torlakson) relative to Mandatory Approval of
Development Projects.
Executive Summary:
Passage of SB1263 would require a public agency to approve a development project that
is consistent with certain specific plans approved on or after July 1, 2004, unless the
agency finds that approval would result in specific, significant, or adverse affect upon the
public health.
Background:
Currently, the Planning and Zoning Law regulates the review and approval of development
projects and authorizes a planning agency, if so directed by the legislative body of a city or
county, to prepare specific plans containing prescribed matters relating to land use for all or
part of an area covered by the General Plan. This law requires the public agency to
comply with specified timelines in connection with the approval of development projects
and prohibits a public agency from disapproving a development plan solely in order to
comply with specified time limits. If passed, SB1263 would require a public agency to
approve a development project that is consistent with certain specific plans approved on or
after July 1, 2004, unless the agency finds that an approval would result in a specific,
significant, adverse affect upon the public health or safety that cannot feasibly be mitigated
or avoided.
SB1263 Mandatory Approval of Development Projects.
May 13, 2004
Page 2
This requirement would require a State mandated local program by imposing new duties on
local agencies and seeks to dictate the manner in which local agencies plan their
communities on a statewide basis. Therefore, the Legislative Review Committee
recommends that the City Council oppose SB1263 and direct staff to prepare a letter
stating that position to appropriate legislators for the Mayor's signature.
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PATRICIA SCULLY PAUL GIBS C N
SENIOR MANAGEMENT ANAL ST DIRECTOR OF FINANCE/
CITY TREASURER
SHEILA ' GI LIGA
CAR'LOS L. OR 'GA
ASSISTANT CITY MEAGER CITY MANAGE
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2003 CA S 1263
AUTHOR: Torlakson
VERSION: Introduced
VERSION DATE: 02/13/2004
SENATE BILL No. 1263
INTRODUCED BY Senator Torlakson
FEBRUARY 13, 2004
An act to add Article 7 (commencing with Section 65965) to Chapter 4.5 of Division 1 of Title 7 of
the Government Code, relating to development.
LEGISLATIVE COUNSEL'S DIGEST
SB 1263, as introduced, Torlakson. Development projects: mandatory approval.
(1) The Planning and Zoning Law generally regulates the review and approval of development
projects and authorizes a planning agency or, if so directed by the legislative body of a city or county,
requires the planning agency to prepare specific plans containing prescribed matters relating to land use
to implement the general plan for all or part of an area covered by the general plan. That law requires a
public agency to comply with specified timelines in connection with the approval of development
projects, and prohibits a public agency from disapproving a development project solely in order to
comply with the specified time limits, but does not otherwise require that a development project be
approved.
This bill would require a public agency to approve a development project that is consistent with
certain specific plans approved on or after July 1, 2004, unless the agency finds that approval would
result in a specific, significant, adverse effect upon the public health or safety that cannot feasibly be
mitigated or avoided. This requirement would create a state -mandated local program by imposing new
duties on local agencies. The hill would contain related legislative findings and declarations, and a
statement of legislative intent relative to the promotion of approval of development projects in areas that
have been properly planned for development.
(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
any other applicable state or federal laws, including, but not limited to, the California Environmental
Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).
65965.5. Nothing in this article shall preclude a city, county, or city and county from requiring a
developer to enter into a development agreement pursuant to Article 2.5 (commencing with Section
65864) of Chapter 4.
SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the
California Constitution because a local agency or school district has the authority to levy service
charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act,
within the meaning of Section 17556 of the Government Code.
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