BILL NUMBER: AB 212	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JULY 17, 2007

INTRODUCED BY    Committee on Budget   (
  Laird (Chair), Arambula, Beall, Berg, Brownley,
Dymally, Feuer, Hayashi, Hernandez, Jones, Mullin, Ruskin, Swanson,
and Wolk   )   Assembly Member 
 Fuentes 

                        JANUARY 25, 2007

    An act relating to the Budget Act of 2007.  
An act to add Section 65862.5 to the Government Code, relating to
local planning. 



	LEGISLATIVE COUNSEL'S DIGEST


   AB 212, as amended,  Committee on Budget  
Fuentes  .  Budget Act of 2007.   General
plan amendments: zoning change application.  
   The Planning and Zoning Law requires a planning agency, during the
preparation or amendment of the general plan, to provide
opportunities for the involvement of residents, public agencies,
public utility companies, and civic, education, and other community
groups, through public hearings and any other means the local
government deems appropriate. That law also requires that local
zoning ordinances be consistent with the general plan and that a
zoning ordinance is only consistent with a local general plan if (1)
the city or county has officially adopted the general plan and (2)
the various land uses authorized by the zoning ordinance are
compatible with the objectives, policies, general land uses, and
programs specified in the plan.  
   This bill would provide that a local government may not deny an
application for a zoning change that was consistent with the general
plan at the time that the application was made on the basis that the
applicant has subsequently received notice from the local government
that a proposed amendment to the general plan conflicts with the
zoning change application. The bill would also provide that an
application for a zoning change may only be denied because of an
amendment to a general plan if the proposed amendment to the general
plan was filed prior to the date of the zoning change application and
public notice of the proposed general plan amendment was made
pursuant to specified provisions of law.  
   This bill would express the intent of the Legislature to enact
statutory changes relating to the Budget Act of 2007. 
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 65862.5 is added to the 
 Government Code  , to read:  
   65862.5.  (a) A local government may not deny an application for a
zoning change that was consistent with the general plan at the time
that the application was made on the basis that the applicant has
subsequently received notice from the local government that a
proposed amendment to the general plan conflicts with the zoning
change application.
   (b) An application for a zoning change may only be denied because
of an amendment to a general plan if the proposed amendment to the
general plan was filed prior to the date of the zoning change
application and public notice of the proposed general plan amendment
was made pursuant to Section 65090.  
  SECTION 1.    It is the intent of the Legislature
to enact statutory changes relating to the Budget Act of 2007.