Bill Text: CA AB2792 | 2023-2024 | Regular Session | Introduced

California Assembly Bill 2792

Introduced

Bill Title: Community plans.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-02-16 - From printer. May be heard in committee March 17. [AB2792 Detail]

Download: California-2023-AB2792-Introduced.html

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill

No. 2792

Introduced by Assembly Member Wicks

February 15, 2024

An act to amend Section 65458 of the Government Code, relating to housing.

LEGISLATIVE COUNSEL'S DIGEST

AB 2792, as introduced, Wicks. Community plans.

Existing law prohibits a court from invalidating, reviewing, voiding, or setting aside the approval of any development project in an action or proceeding to attack, review, set aside, void, or annul the acts or decisions of a local agency in adopting an update to a community plan on the grounds of noncompliance with CEQA if the development project meets certain requirements. That law defines various terms for these purposes.

This bill would make a nonsubstantive change to those definition provisions.

Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO

The people of the State of California do enact as follows:

SECTION 1.

Section 65458 of the Government Code is amended to read:

65458.

For purposes of this ~~article:~~ article, the following definitions apply:

(a) “Community plan” means a plan that meets all of the following requirements:

(1) The plan was adopted by a city, including a charter city, or county for a defined geographic area within its jurisdictional boundaries.

(2) The plan serves as the land use element, pursuant to subdivision (a) of Section 65302, for the area covered by the plan.

(3) The plan has not been updated for more than 10 years before the operative date of this article.

(4) The plan includes two or more transit priority areas, as defined in Section 21099 of the Public Resources Code.

(5) The city or county that adopts the plan has adopted, on or after January 1, 2015, a circulation or mobility element as a part of the general plan.

(6) The city or county that adopts the plan has a housing element that includes housing capacity to sufficiently accommodate regional housing needs projects as set forth in Section 65584.01.

(7) The city or county that adopts the plan has adopted a vehicle miles traveled threshold of significance for the area covered by the plan in compliance with Section 15064.3 of Title 14 of the California Code of Regulations.

(8) The area covered by the plan update is located within an urbanized area, as defined by Section 21071 of the Public Resources Code.

(9) The city or county that adopts the plan has also adopted any required ordinances or regulations related to either of the following:

(A) The designation of very high fire hazard severity zones pursuant to Section 51179.

(B) Flood plain management in accordance with the National Flood Insurance Program, pursuant to Part 60 (commencing with Section 60.1) of Subchapter B of Chapter I of Title 44 of the Code of Federal Regulations.

(b) “Development project” has the same meaning as defined in Section 65928.

(c) “Update” means a comprehensive amendment to a community plan that is intended to bring the community plan up to date with the most current land use policies and that includes amendments to both the plain text and plan land use map, as well as the adoption or amendment of any zoning ordinances necessary to bring zoning into consistency with the community plan.