SECTIONS 65000-65010 - California Statutes

GOVERNMENT CODE

SECTION 65000-65010

65000. This title may be cited as the Planning and Zoning Law.

65001. The definitions and general provisions contained in this
article govern the construction of this title unless the context
otherwise requires.

65002. "Street" includes street, highway, freeway, expressway,
avenue, boulevard, parkway, road, lane, walk, alley, viaduct, subway,
tunnel, bridge, public easement and right-of-way, and other ways.

65003. "Right-of-way" means any public or private right-of-way and
includes any area required for public use pursuant to any general
plan or specific plan.

65006. Chapters 1, 2, and 3 of this title are a continuation of the
Conservation and Planning Act and any acts lawfully performed
pursuant to such act or its predecessors, including but not limited
to the adoption of master and official or precise plans and the
creation of planning commissions, are continued in effect and deemed
to fulfill the requirements of Chapters 1, 2, and 3 of this title.

65007. As used in this title, the following terms have the
following meanings, unless the context requires otherwise:
(a) "Adequate progress" means all of the following:
(1) The total project scope, schedule, and cost of the completed
flood protection system have been developed to meet the appropriate
standard of protection.
(2) (A) Revenues that are sufficient to fund each year of the
project schedule developed in paragraph (1) have been identified and,
in any given year and consistent with that schedule, at least 90
percent of the revenues scheduled to be received by that year have
been appropriated and are currently being expended.
(B) Notwithstanding subparagraph (A), for any year in which state
funding is not appropriated consistent with an agreement between a
state agency and a local flood management agency, the Central Valley
Flood Protection Board may find that the local flood management
agency is making adequate progress in working toward the completion
of the flood protection system.
(3) Critical features of the flood protection system are under
construction, and each critical feature is progressing as indicated
by the actual expenditure of the construction budget funds.
(4) The city or county has not been responsible for a significant
delay in the completion of the system.
(5) The local flood management agency shall provide the Department
of Water Resources and the Central Valley Flood Protection Board
with the information specified in this subdivision sufficient to
determine substantial completion of the required flood protection.
The local flood management agency shall annually report to the
Central Valley Flood Protection Board on the efforts in working
toward completion of the flood protection system.
(b) "Central Valley Flood Protection Plan" has the same meaning as
that set forth in Section 9612 of the Water Code.
(c) "Developed area" has the same meaning as that set forth in
Section 59.1 of Title 44 of the Code of Federal Regulations.
(d) "Flood hazard zone" means an area subject to flooding that is
delineated as either a special hazard area or an area of moderate
hazard on an official flood insurance rate map issued by the Federal
Emergency Management Agency. The identification of flood hazard zones
does not imply that areas outside the flood hazard zones, or uses
permitted within flood hazard zones, will be free from flooding or
flood damage.
(e) "Nonurbanized area" means a developed area or an area outside
a developed area in which there are fewer than 10,000 residents.
(f) "Project levee" means any levee that is part of the facilities
of the State Plan of Flood Control.
(g) "Sacramento-San Joaquin Valley" means lands in the bed or
along or near the banks of the Sacramento River or San Joaquin River,
or their tributaries or connected therewith, or upon any land
adjacent thereto, or within the overflow basins thereof, or upon land
susceptible to overflow therefrom. The Sacramento-San Joaquin Valley
does not include lands lying within the Tulare Lake basin, including
the Kings River.
(h) "State Plan of Flood Control" has the same meaning as that set
forth in subdivision (j) of Section 5096.805 of the Public Resources
Code.
(i) "Tulare Lake basin" means the Tulare Lake Hydrologic Region as
defined in the California Water Plan Update 2009, prepared by the
Department of Water Resources pursuant to Chapter 1 (commencing with
Section 10004) of Part 1.5 of Division 6 of the Water Code.
(j) "Urban area" means a developed area in which there are 10,000
residents or more.
(k) "Urbanizing area" means a developed area or an area outside a
developed area that is planned or anticipated to have 10,000
residents or more within the next 10 years.
(l) "Urban level of flood protection" means the level of
protection that is necessary to withstand flooding that has a
1-in-200 chance of occurring in any given year using criteria
consistent with, or developed by, the Department of Water Resources.

65008. (a) Any action pursuant to this title by any city, county,
city and county, or other local governmental agency in this state is
null and void if it denies to any individual or group of individuals
the enjoyment of residence, landownership, tenancy, or any other land
use in this state because of any of the following reasons:
(1) (A) The lawful occupation, age, or any characteristic of the
individual or group of individuals listed in subdivision (a) or (d)
of Section 12955, as those bases are defined in Sections 12926,
12926.1, subdivision (m) and paragraph (1) of subdivision (p) of
Section 12955 and Section 12955.2.
(B) Notwithstanding subparagraph (A), with respect to familial
status, subparagraph (A) shall not be construed to apply to housing
for older persons, as defined in Section 12955.9. With respect to
familial status, nothing in subparagraph (A) shall be construed to
affect Sections 51.2, 51.3, 51.4, 51.10, 51.11, and 799.5 of the
Civil Code, relating to housing for senior citizens. Subdivision (d)
of Section 51 and Section 1360 of the Civil Code and subdivisions
(n), (o), and (p) of Section 12955 of this code shall apply to
subparagraph (A).
(2) The method of financing of any residential development of the
individual or group of individuals.
(3) The intended occupancy of any residential development by
persons or families of very low, low, moderate, or middle income.
(b) (1) No city, county, city and county, or other local
governmental agency shall, in the enactment or administration of
ordinances pursuant to any law, including this title, prohibit or
discriminate against any residential development or emergency shelter
for any of the following reasons:
(A) Because of the method of financing.
(B) (i) Because of the lawful occupation, age, or any
characteristic listed in subdivision (a) or (d) of Section 12955, as
those characteristics are defined in Sections 12926, 12926.1,
subdivision (m) and paragraph (1) of subdivision (p) of Section
12955, and Section 12955.2 of the owners or intended occupants of the
residential development or emergency shelter.
(ii) Notwithstanding clause (i), with respect to familial status,
clause (i) shall not be construed to apply to housing for older
persons, as defined in Section 12955.9. With respect to familial
status, nothing in clause (i) shall be construed to affect Sections
51.2, 51.3, 51.4, 51.10, 51.11, and 799.5 of the Civil Code, relating
to housing for senior citizens. Subdivision (d) of Section 51 and
Section 1360 of the Civil Code and subdivisions (n), (o), and (p) of
Section 12955 of this code shall apply to clause (i).
(C) Because the development or shelter is intended for occupancy
by persons and families of very low, low, or moderate income, as
defined in Section 50093 of the Health and Safety Code, or persons
and families of middle income.
(D) Because the development consists of a multifamily residential
project that is consistent with both the jurisdiction's zoning
ordinance and general plan as they existed on the date the
application was deemed complete, except that a project shall not be
deemed to be inconsistent with the zoning designation for the site if
that zoning designation is inconsistent with the general plan only
because the project site has not been rezoned to conform with a more
recently adopted general plan.
(2) The discrimination prohibited by this subdivision includes the
denial or conditioning of a residential development or shelter
because of, in whole or in part, either of the following:
(A) The method of financing.
(B) The occupancy of the development by persons protected by this
subdivision, including, but not limited to, persons and families of
very low, low, or moderate income.
(3) A city, county, city and county, or other local government
agency may not, pursuant to subdivision (d) of Section 65589.5,
disapprove a housing development project or condition approval of a
housing development project in a manner that renders the project
infeasible if the basis for the disapproval or conditional approval
includes any of the reasons prohibited in paragraph (1) or (2).
(c) For the purposes of this section, "persons and families of
middle income" means persons and families whose income does not
exceed 150 percent of the median income for the county in which the
persons or families reside.
(d) (1) No city, county, city and county, or other local
governmental agency may impose different requirements on a
residential development or emergency shelter that is subsidized,
financed, insured, or otherwise assisted by the federal or state
government or by a local public entity, as defined in Section 50079
of the Health and Safety Code, than those imposed on nonassisted
developments, except as provided in subdivision (e). The
discrimination prohibited by this subdivision includes the denial or
conditioning of a residential development or emergency shelter based
in whole or in part on the fact that the development is subsidized,
financed, insured, or otherwise assisted as described in this
paragraph.
(2) (A) No city, county, city and county, or other local
governmental agency may, because of the lawful occupation age, or any
characteristic of the intended occupants listed in subdivision (a)
or (d) of Section 12955, as those characteristics are defined in
Sections 12926, 12926.1, subdivision (m) and paragraph (1) of
subdivision (p) of Section 12955, and Section 12955.2 or because the
development is intended for occupancy by persons and families of very
low, low, moderate, or middle income, impose different requirements
on these residential developments than those imposed on developments
generally, except as provided in subdivision (e).
(B) Notwithstanding subparagraph (A), with respect to familial
status, subparagraph (A) shall not be construed to apply to housing
for older persons, as defined in Section 12955.9. With respect to
familial status, nothing in subparagraph (A) shall be construed to
affect Sections 51.2, 51.3, 51.4, 51.10, 51.11, and 799.5 of the
Civil Code, relating to housing for senior citizens. Subdivision (d)
of Section 51 and Section 1360 of the Civil Code and subdivisions
(n), (o), and (p) of Section 12955 of this code shall apply to
subparagraph (A).
(e) Notwithstanding subdivisions (a) to (d), inclusive, this
section and this title do not prohibit either of the following:
(1) The County of Riverside from enacting and enforcing zoning to
provide housing for older persons, in accordance with state or
federal law, if that zoning was enacted prior to January 1, 1995.
(2) Any city, county, or city and county from extending
preferential treatment to residential developments or emergency
shelters assisted by the federal or state government or by a local
public entity, as defined in Section 50079 of the Health and Safety
Code, or other residential developments or emergency shelters
intended for occupancy by persons and families of low and moderate
income, as defined in Section 50093 of the Health and Safety Code, or
persons and families of middle income, or agricultural employees, as
defined in subdivision (b) of Section 1140.4 of the Labor Code, and
their families. This preferential treatment may include, but need not
be limited to, reduction or waiver of fees or changes in
architectural requirements, site development and property line
requirements, building setback requirements, or vehicle parking
requirements that reduce development costs of these developments.
(f) "Residential development," as used in this section, means a
single-family residence or a multifamily residence, including
manufactured homes, as defined in Section 18007 of the Health and
Safety Code.
(g) This section shall apply to chartered cities.
(h) The Legislature finds and declares that discriminatory
practices that inhibit the development of housing for persons and
families of very low, low, moderate, and middle income, or emergency
shelters for the homeless, are a matter of statewide concern.

65009. (a) (1) The Legislature finds and declares that there
currently is a housing crisis in California and it is essential to
reduce delays and restraints upon expeditiously completing housing
projects.
(2) The Legislature further finds and declares that a legal action
or proceeding challenging a decision of a city, county, or city and
county has a chilling effect on the confidence with which property
owners and local governments can proceed with projects. Legal actions
or proceedings filed to attack, review, set aside, void, or annul a
decision of a city, county, or city and county pursuant to this
division, including, but not limited to, the implementation of
general plan goals and policies that provide incentives for
affordable housing, open-space and recreational opportunities, and
other related public benefits, can prevent the completion of needed
developments even though the projects have received required
governmental approvals.
(3) The purpose of this section is to provide certainty for
property owners and local governments regarding decisions made
pursuant to this division.
(b) (1) In an action or proceeding to attack, review, set aside,
void, or annul a finding, determination, or decision of a public
agency made pursuant to this title at a properly noticed public
hearing, the issues raised shall be limited to those raised in the
public hearing or in written correspondence delivered to the public
agency prior to, or at, the public hearing, except where the court
finds either of the following:
(A) The issue could not have been raised at the public hearing by
persons exercising reasonable diligence.
(B) The body conducting the public hearing prevented the issue
from being raised at the public hearing.
(2) If a public agency desires the provisions of this subdivision
to apply to a matter, it shall include in any public notice issued
pursuant to this title a notice substantially stating all of the
following: "If you challenge the (nature of the proposed action) in
court, you may be limited to raising only those issues you or someone
else raised at the public hearing described in this notice, or in
written correspondence delivered to the (public entity conducting the
hearing) at, or prior to, the public hearing."
(3) The application of this subdivision to causes of action
brought pursuant to subdivision (d) applies only to the final action
taken in response to the notice to the city or clerk of the board of
supervisors. If no final action is taken, then the issue raised in
the cause of action brought pursuant to subdivision (d) shall be
limited to those matters presented at a properly noticed public
hearing or to those matters specified in the notice given to the city
or clerk of the board of supervisors pursuant to subdivision (d), or
both.
(c) (1) Except as provided in subdivision (d), no action or
proceeding shall be maintained in any of the following cases by any
person unless the action or proceeding is commenced and service is
made on the legislative body within 90 days after the legislative
body's decision:
(A) To attack, review, set aside, void, or annul the decision of a
legislative body to adopt or amend a general or specific plan. This
paragraph does not apply where an action is brought based upon the
complete absence of a general plan or a mandatory element thereof,
but does apply to an action attacking a general plan or mandatory
element thereof on the basis that it is inadequate.
(B) To attack, review, set aside, void, or annul the decision of a
legislative body to adopt or amend a zoning ordinance.
(C) To determine the reasonableness, legality, or validity of any
decision to adopt or amend any regulation attached to a specific
plan.
(D) To attack, review, set aside, void, or annul the decision of a
legislative body to adopt, amend, or modify a development agreement.
An action or proceeding to attack, review, set aside, void, or annul
the decisions of a legislative body to adopt, amend, or modify a
development agreement shall only extend to the specific portion of
the development agreement that is the subject of the adoption,
amendment, or modification. This paragraph applies to development
agreements, amendments, and modifications adopted on or after January
1, 1996.
(E) To attack, review, set aside, void, or annul any decision on
the matters listed in Sections 65901 and 65903, or to determine the
reasonableness, legality, or validity of any condition attached to a
variance, conditional use permit, or any other permit.
(F) Concerning any of the proceedings, acts, or determinations
taken, done, or made prior to any of the decisions listed in
subparagraphs (A), (B), (C), (D), and (E).
(2) In the case of an action or proceeding challenging the
adoption or revision of a housing element pursuant to this
subdivision, the action or proceeding may, in addition, be maintained
if it is commenced and service is made on the legislative body
within 60 days following the date that the Department of Housing and
Community Development reports its findings pursuant to subdivision
(h) of Section 65585.
(d) An action or proceeding shall be commenced and the legislative
body served within one year after the accrual of the cause of action
as provided in this subdivision, if the action or proceeding meets
both of the following requirements:
(1) It is brought in support of or to encourage or facilitate the
development of housing that would increase the community's supply of
housing affordable to persons and families with low or moderate
incomes, as defined in Section 50079.5 of the Health and Safety Code,
or with very low incomes, as defined in Section 50105 of the Health
and Safety Code, or middle-income households, as defined in Section
65008 of this code. This subdivision is not intended to require that
the action or proceeding be brought in support of or to encourage or
facilitate a specific housing development project.
(2) It is brought with respect to actions taken pursuant to
Article 10.6 (commencing with Section 65580) of Chapter 3 of this
division, pursuant to Section 65589.5, 65863.6, 65915, or 66474.2 or
pursuant to Chapter 4.2 (commencing with Section 65913).
A cause of action brought pursuant to this subdivision shall not
be maintained until 60 days have expired following notice to the city
or clerk of the board of supervisors by the party bringing the cause
of action, or his or her representative, specifying the deficiencies
of the general plan, specific plan, or zoning ordinance. A cause of
action brought pursuant to this subdivision shall accrue 60 days
after notice is filed or the legislative body takes a final action in
response to the notice, whichever occurs first. A notice or cause of
action brought by one party pursuant to this subdivision shall not
bar filing of a notice and initiation of a cause of action by any
other party.
(e) Upon the expiration of the time limits provided for in this
section, all persons are barred from any further action or
proceeding.
(f) Notwithstanding Sections 65700 and 65803, or any other
provision of law, this section shall apply to charter cities.
(g) Except as provided in subdivision (d), this section shall not
affect any law prescribing or authorizing a shorter period of
limitation than that specified herein.
(h) Except as provided in paragraph (4) of subdivision (c), this
section shall be applicable to those decisions of the legislative
body of a city, county, or city and county made pursuant to this
division on or after January 1, 1984.

65010. (a) Formal rules of evidence or procedure applicable in
judicial actions and proceedings shall not apply in any proceeding
subject to this title except to the extent that a public agency
otherwise provides by charter, ordinance, resolution, or rule of
procedure.
(b) No action, inaction, or recommendation by any public agency or
its legislative body or any of its administrative agencies or
officials on any matter subject to this title shall be held invalid
or set aside by any court on the ground of the improper admission or
rejection of evidence or by reason of any error, irregularity,
informality, neglect, or omission (hereafter, error) as to any matter
pertaining to petitions, applications, notices, findings, records,
hearings, reports, recommendations, appeals, or any matters of
procedure subject to this title, unless the court finds that the
error was prejudicial and that the party complaining or appealing
suffered substantial injury from that error and that a different
result would have been probable if the error had not occurred. There
shall be no presumption that error is prejudicial or that injury was
done if the error is shown.