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HomeMy WebLinkAbout1987-04-21; City Council; 8966; Correction to Automatic Approval Law.-, ' z 0 ~ ..J 0 z :::, 8 AB# 9''!4, ~ MTG. 4/21/87 DEPT, __ C_A_ -en 'OF CARLSBAD -AGEND.-BILL TITLE: CORRECTION TO AUTOMATIC APPROVAL LAW RECOMMENDED ACTION: DEPT.HD.- CITY ATTY"\JfA CITY MGR.~ That the City Council authorize the Mayor to write a letter in support of Assembly Bill 1486. ITEM EXPLANATION The so-called "Permit Streamlining Act" provides that if the City misses a deadline in processing a development it can be automatically approved. That could result in a project inconsistent with the City's growth control program getting approved without giving any affected members of the public a chance to be heard. Keeping track of the one year deadline is also an administrative burden on the planning department. In the past the City Council has approved joining as arnicus curiae in a case seeking to limit the effect of this law. Those efforts were not successful. Attached is a copy of the letter dated March 25, 1987 from Assemblyman Sher asking our support for AB 1486. A copy of the bill is also attached. The League of California Cities has taken a position in support. The bill would not repeal the automatic approval law but it would require the developer to at least give notice to the City and the public before the automatic approval could take place, giving us a chance to react. The bill would also only allow those portions of the project to be approved that are otherwise consistent with applicable City ordinances. If the Council wishes to take a position in support your action is, by motion, to authorize the Mayor to write a letter on behalf of the City asking that the bill be adopted. EXHIBITS Letter from Assemblyman Sher Assembly Bill #1486 . • MEMBERS r11cc Harvey ,- CONSULTANTS: \'tea Ct,airrna11 Tom Bates Qralifnrniu 11Itgtaluturt .Anstmbltt Natural i!lcnnurccs Qtnmmitt.ec Kip Lipper Lloyd Connelly Sam Farr Jellrey P Shellito Paut D. Thayer Bev Hansen Marian la Follelte 8111 Leonard COMMITTEE SECRETARY: Ann E Boone Mike Roos Jackie Speier Stan Statham Maxine Waters Mr. Vincent F. Biondo, Jr. City Attorney City of Carlsbad 1200 Elm Avenue Carlsbad, cA 92008 Dear Mr. Biondo: BYRON D. SHER CHAIRMAN March 25, 1987 STATE CAPITOL PO BOX 942849 SACRAMENTO, CA 94249·000i ...--11&.~~TE~LEPHONE (916) 445•9367 The provisions of the Permit Streamlining Act (AB 884) have recently been upheld by an appeals court in Palmer v. Ojai (i78 Cal .App.3d 280), and the Sta.te Supreme Court has refused to review the case. Section 65956 of the Government Code (which was added by the Act) requires that a permitting agency act on a permit application within one year of the date of application and provides that the permit is approved by operation of law if no action is taken within the year. Arguably, the net effect of this is that projects inconsistent with zoning ordinances and other law may be approved without the accordance of due process to affected members of the public. While not directly addressed in Palmer, the possibility has been raised that agencies that fail to act within the one year deadline have deprived the public of notice and hearing of these permit applications and may thus be exposed to civil liability. I have recently introduced AB 1486 (copy enclosed) to address these issues. AB 1486 preserves the one year deadline while 1) requiring that the permit applicant to provide public notice of a proposed project; and 2) providing that approval of the permit application pursuant to Section 65956 is only applicable to those portions of a proposed project which are consistent with law. I am writing to you because your participation in the amicus brief filed by San Francisco in the Palmer case )ndicates to me that you share our concerns. The bill will be set for ,ts first committee hearing next month1 and I expect that we will encounter opposition. To counter this, it is important that we be able to show that there is broadbased support for the bill. Therefore, I would very much appreciate a letter of support from your city. It would also be helpful if you could let your Assembly Member and State Senator know of your position. --.-.. Please let me know if you would like any additional information on this measure. Thanks for your help. Yours truly, ~l?~ Assembly Natural Resources Committee BDS:ps Enclosure CALIFORNIA LEGISLATIJRE-1987-88 REGULAR SESSION ASSEMBLY BILL No. 1486 Introduced by Assembly Member Sher March 4, 1987 An act to amend Section 65956 of, and to add Section 65958 to, the Government Code, relating to development projects. LEGISLATIVE COUNSEL'S DIGEST AB 1486, as introduced, Sher. Jevelopment projects. ( 1) Existing law requires a public agency which is a lead agency, as defined, to approve or disapprove a development project within one year from the date an application :,-. requesting approval is received and accepted as complete by the lead agency and requires a responsible agency, as defined, to approve or disapprove development projects within 180 days of the date the lead agency talces action or within 180 r days of the date on which the application is received and accepted as complete. In the eve.at that a lead agency or responsible agency fails to meet these time limits, the failure is deemed to be approval of the development project under existing law. This bill would provide that the constructive approval under existing provisions does not extend to those portions of the project for which the permitting agency is required by state or local law to deny approval. The bill would also provide C that the project shall be deemed approved only if the permit \ applicant has met prescribed public notice requirements, and ftled a copy of the public notice and all drawings and maps•, as specified, with the permitting agency. In addition, the bill would require, that the permitting agency issue a permit for the project within 60 days after a development project has been deemed approved pursuant to O these procedures. The permit could not extend to those 99 50 AE 1486 -2- portions of the project for which the permitting agency is required by state or local law to deny approval, although the permitting agency would be required to attach reasonable terms and conditions to permit if they would enable the project to be brought into conformance with state or loca] law. These provisions would create a state-mandated local program by imposing new requirements upon a local agency which is a permitting agency. (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, including the creation of a State Mandates Claims Fund to pay the costs of mandates which do not exceed $500,000 statewide and other procedures for claims whose statewide costs exceed $500,000. This bill would provide that, if the Commission on State Mandates determines that this bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to those statutory procedures c:1nd, if the statewide cost does not exceed $500,000, shall be made from the State • Mandates Claims Fund. • 'J Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes. The people of the State of California do enact as follows: ..._ 1 SECTION 1. Section 65956 of the Government Code 2 is amended to read: 3 65956. (a) If any provision of law requires the lead 4 agency or responsible agency to hold a public hearing on 5 the development project and the agency has not held 6 such hearing at least 60 days prior to the expiration of the 7 time limits established by Sections 65950 and 65952, the 8 applicant or his or her representative may file an action 9 pursuant to Section 1085 of the Code of Civil Procedure 10 to compel the agency to hold such hearing and the court 11 shall give 9tleft the proceedings preference over all other 12 civil actions or proceedings, except older matters of the 13 same character. 14 (b) In the event that a lead agency or a responsible 99 70 0 -3-AB 1486 1 agency fails to act to approve or to disapprove a 2 development project within the time limits required by 3 this article, ~ the failure to act shall be deemed 4 approval of the development project. This approval shall 5 not extend to those portions of the project for which the 6 permitting agency is required by state or local law to 7 deny approval. Further, the project shall be deemed 8 approved only if, during the period between 90 and 120 9 days prior to the expiration of the time limit, the permit 10 applicant has done all of the following: 11 (1) Provided public notice as follows: 12 ( A) To all landowners and residences of property 13 located within 300 feet of the parcel upon which the 14 development is proposed. 15 (B) By posting notice in at least three public places 16 within the boundaries of the local agency. 17 (C) By posting notice at a conspicuous place, where 18 the notice can be easily read by the public and is located 19 as close as possible to the site of the proposed 20 development. 21 (D) To the Staie Clearing House. 22 (E) By advertisement in a newspaper of general 23 circulation serving the area in which the project 24 development is proposed. The advertisement shall 25 include the location and a general description of the 26 project, and information as to how a person may obtain 27 complete information about the project. 28 (F) With the exception of the newspaper 29 advertisement required by this subdivision, the notice 30 shall include: 31 (i) A complete description of the project proposed in 32 the permit application. 33 (ii) The date upon which the time limit for permit 34 action will expire. 35 (iii) The name of the agency where the permit 36 application was filed. 31 (iv) A statement that the project will automatically 38 receive a permit if the agency does not act by the 39 expiration of the time limit. 40 (2) Filed a copy of the public notice required by this 99 90 AB 1486 -4- 1 section with the permitting agency. 2 (3) Unless already accomplished as part of the permit 3 application, filed with the permitting agency drawings 4 and maps showing all details of the pl'Oposed project, 5 including elevations and plans for any structure, signed 6 by an architect or engineer registered to practice in the 1 State of California. 8 (c) Failure of an applicant to submit complete or 9 adequate information may constitute grounds for 10 disapproving a development project. 11 ( d) Nothing in this section shall diminish the 12 permitting agency's legal resonsibility to provide, where 13 applicable, public notice and hearing before acting on a 14 permit application. 15 SEC. 2. Section 65958 is added to the Government 16 Code to read: 17 65958. Within 60 days after a development project has 18 been deemed approved pursuant to Section 65956, the 19 permitting agency shall issue a permit for the 20 development project. The permit shall not extend to 21 those portions of the project for which the permitting 22 agency is required by state or local law to deny approval, 23 although the permitting agency shall attach reasonable 24 terms and conditions to the permit if they will enable the 25 project to be brought into conformance with state or local 26 law. 27 SEC. 3. Notwithstanding Section 17610 of the 28 Government Code, if the Commission on State Mandates 29 determines that this act contains costs mandated by the 30 state, reimbursement to local agencies and school 31 districts for those costs shall be made pursuant to Part 7 32 (commencing with Section 17500) of Division 4 of Title 33 2 of the Government Code. If the statewide cost of the 34 claim for reimbursement does not exceed five hundred 35 thousand dollars ($500,000), reimbursement shall be 36 made from the State Mandates Claims Fund. 0 99 120