Planning and zoning: community plans: review under the California Environmental Quality Act.

The Planning and Zoning Law requires each county and city to adopt a comprehensive, long-term general plan for its physical development and the development of any land outside its boundaries that, in the planning agency's judgment, bears relation to its planning, as provided. After the legislative body has adopted a general plan, that law also authorizes, or if so directed by the legislative body, requires, the planning agency to prepare specific plans for the systematic implementation of the general plan for all or part of the area covered by the general plan, as provided. The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report 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 limits the review of a project under its provisions if the parcel is zoned or designated in a community plan to accommodate a particular density of development, an environmental impact report was certified for that zoning or planning action, and the project is consistent with the zoning or community plan, as specified. CEQA requires a court, if it finds that any determination, finding, or decision of a public agency has been made without compliance with CEQA, to enter an order that includes one or more specified mandates, including a mandate to void the determination, finding, or decision of the public agency. This bill, notwithstanding the above-described requirement for a court to enter an order under CEQA, would prohibit a court in an action or proceeding to attack, review, set aside, void, or annul the acts or decisions of the local agency, including a charter city, in adopting an update to a community plan on the grounds of noncompliance with CEQA from, on the basis of that noncompliance, invalidating, reviewing, voiding, or setting aside the approval of a development project that meets certain requirements. The bill would define various terms for these purposes. The bill would specify that these provisions do not affect or alter the obligation for the approval of a development project that is consistent with an approved community plan update to comply with CEQA or, except as expressly provided, preclude or limit an action to attack, review, set aside, void, or annul the approval of a development project that is consistent with an approved community plan pursuant to specified law. The bill would repeal these provisions as of January 1, 2025, but would provide that the repeal of these provisions does not affect any right or immunity granted by the bill to a development project that meets specified requirements before that date. The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.