SECTIONS 65400-65404 - California Statutes

GOVERNMENT CODE

SECTION 65400-65404

65400. (a) After the legislative body has adopted all or part of a
general plan, the planning agency shall do both of the following:
(1) Investigate and make recommendations to the legislative body
regarding reasonable and practical means for implementing the general
plan or element of the general plan, so that it will serve as an
effective guide for orderly growth and development, preservation and
conservation of open-space land and natural resources, and the
efficient expenditure of public funds relating to the subjects
addressed in the general plan.
(2) Provide by April 1 of each year an annual report to the
legislative body, the Office of Planning and Research, and the
Department of Housing and Community Development that includes all of
the following:
(A) The status of the plan and progress in its implementation.
(B) The progress in meeting its share of regional housing needs
determined pursuant to Section 65584 and local efforts to remove
governmental constraints to the maintenance, improvement, and
development of housing pursuant to paragraph (3) of subdivision (c)
of Section 65583.
The housing element portion of the annual report, as required by
this paragraph, shall be prepared through the use of forms and
definitions adopted by the Department of Housing and Community
Development pursuant to the rulemaking provisions of the
Administrative Procedure Act (Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2). Prior to and after
adoption of the forms, the housing element portion of the annual
report shall include a section that describes the actions taken by
the local government towards completion of the programs and status of
the local government's compliance with the deadlines in its housing
element. That report shall be considered at an annual public meeting
before the legislative body where members of the public shall be
allowed to provide oral testimony and written comments.
The report may include the number of units that have been
substantially rehabilitated, converted from nonaffordable to
affordable by acquisition, and preserved consistent with the
standards set forth in paragraph (2) of subdivision (c) of Section
65583.1. The report shall document how the units meet the standards
set forth in that subdivision.
(C) The degree to which its approved general plan complies with
the guidelines developed and adopted pursuant to Section 65040.2 and
the date of the last revision to the general plan.
(b) If a court finds, upon a motion to that effect, that a city,
county, or city and county failed to submit, within 60 days of the
deadline established in this section, the housing element portion of
the report required pursuant to subparagraph (B) of paragraph (2) of
subdivision (a) that substantially complies with the requirements of
this section, the court shall issue an order or judgment compelling
compliance with this section within 60 days. If the city, county, or
city and county fails to comply with the court's order within 60
days, the plaintiff or petitioner may move for sanctions, and the
court may, upon that motion, grant appropriate sanctions. The court
shall retain jurisdiction to ensure that its order or judgment is
carried out. If the court determines that its order or judgment is
not carried out within 60 days, the court may issue further orders as
provided by law to ensure that the purposes and policies of this
section are fulfilled. This subdivision applies to proceedings
initiated on or after the first day of October following the adoption
of forms and definitions by the Department of Housing and Community
Development pursuant to paragraph (2) of subdivision (a), but no
sooner than six months following that adoption.

65401. If a general plan or part thereof has been adopted, within
such time as may be fixed by the legislative body, each county or
city officer, department, board, or commission, and each governmental
body, commission, or board, including the governing body of any
special district or school district, whose jurisdiction lies wholly
or partially within the county or city, whose functions include
recommending, preparing plans for, or constructing, major public
works, shall submit to the official agency, as designated by the
respective county board of supervisors or city council, a list of the
proposed public works recommended for planning, initiation or
construction during the ensuing fiscal year. The official agency
receiving the list of proposed public works shall list and classify
all such recommendations and shall prepare a coordinated program of
proposed public works for the ensuing fiscal year. Such coordinated
program shall be submitted to the county or city planning agency for
review and report to said official agency as to conformity with the
adopted general plan or part thereof.

65402. (a) If a general plan or part thereof has been adopted, no
real property shall be acquired by dedication or otherwise for
street, square, park or other public purposes, and no real property
shall be disposed of, no street shall be vacated or abandoned, and no
public building or structure shall be constructed or authorized, if
the adopted general plan or part thereof applies thereto, until the
location, purpose and extent of such acquisition or disposition, such
street vacation or abandonment, or such public building or structure
have been submitted to and reported upon by the planning agency as
to conformity with said adopted general plan or part thereof. The
planning agency shall render its report as to conformity with said
adopted general plan or part thereof within forty (40) days after the
matter was submitted to it, or such longer period of time as may be
designated by the legislative body.
If the legislative body so provides, by ordinance or resolution,
the provisions of this subdivision shall not apply to: (1) the
disposition of the remainder of a larger parcel which was acquired
and used in part for street purposes; (2) acquisitions, dispositions,
or abandonments for street widening; or (3) alignment projects,
provided such dispositions for street purposes, acquisitions,
dispositions, or abandonments for street widening, or alignment
projects are of a minor nature.
(b) A county shall not acquire real property for any of the
purposes specified in paragraph (a), nor dispose of any real
property, nor construct or authorize a public building or structure,
in another county or within the corporate limits of a city, if such
city or other county has adopted a general plan or part thereof and
such general plan or part thereof is applicable thereto, and a city
shall not acquire real property for any of the purposes specified in
paragraph (a), nor dispose of any real property, nor construct or
authorize a public building or structure, in another city or in
unincorporated territory, if such other city or the county in which
such unincorporated territory is situated has adopted a general plan
or part thereof and such general plan or part thereof is applicable
thereto, until the location, purpose and extent of such acquisition,
disposition, or such public building or structure have been submitted
to and reported upon by the planning agency having jurisdiction, as
to conformity with said adopted general plan or part thereof. Failure
of the planning agency to report within forty (40) days after the
matter has been submitted to it shall be conclusively deemed a
finding that the proposed acquisition, disposition, or public
building or structure is in conformity with said adopted general plan
or part thereof. The provisions of this paragraph (b) shall not
apply to acquisition or abandonment for street widening or alignment
projects of a minor nature if the legislative body having the real
property within its boundaries so provides by ordinance or
resolution.
(c) A local agency shall not acquire real property for any of the
purposes specified in paragraph (a) nor dispose of any real property,
nor construct or authorize a public building or structure, in any
county or city, if such county or city has adopted a general plan or
part thereof and such general plan or part thereof is applicable
thereto, until the location, purpose and extent of such acquisition,
disposition, or such public building or structure have been submitted
to and reported upon by the planning agency having jurisdiction, as
to conformity with said adopted general plan or part thereof. Failure
of the planning agency to report within forty (40) days after the
matter has been submitted to it shall be conclusively deemed a
finding that the proposed acquisition, disposition, or public
building or structure is in conformity with said adopted general plan
or part thereof. If the planning agency disapproves the location,
purpose or extent of such acquisition, disposition, or the public
building or structure, the disapproval may be overruled by the local
agency.
Local agency as used in this paragraph (c) means an agency of the
state for the local performance of governmental or proprietary
functions within limited boundaries. Local agency does not include
the state, or county, or a city.

65403. (a) Each special district, each unified, elementary, and
high school district, and each agency created by a joint powers
agreement pursuant to Article 1 (commencing with Section 6500) of
Chapter 5 of Division 7 of Title 1 that constructs or maintains
public facilities essential to the growth and maintenance of an urban
population may prepare a five-year capital improvement program. This
section shall not preclude, limit, or govern any other method of
capital improvement planning and shall not apply to any district or
agency unless it specifically determines to implement this section.
As used in this section, "public facilities" means any of the
following:
(1) Public buildings, including schools and related facilities.
(2) Facilities for the storage, treatment, and distribution of
nonagricultural water.
(3) Facilities for the collection, treatment, reclamation, and
disposal of sewage.
(4) Facilities for the collection and disposal of storm waters and
for flood control purposes.
(5) Facilities for the generation of electricity and the
distribution of gas and electricity.
(6) Transportation and transit facilities, including, but not
limited to, streets, roads, harbors, ports, airports, and related
facilities.
(7) Parks and recreation facilities. However, this section shall
not apply to a special district which constructs or maintains parks
and recreation facilities if the annual operating budget of the
district does not exceed one hundred thousand dollars ($100,000).
(b) The five-year capital improvement program shall indicate the
location, size, time of availability, means of financing, including a
schedule for the repayment of bonded indebtedness, and estimates of
operation costs for all proposed and related capital improvements.
The five-year capital improvement program shall also indicate a
schedule for maintenance and rehabilitation and an estimate of useful
life of all existing and proposed capital improvements.
(c) The capital improvement program shall be adopted by, and shall
be annually reviewed and revised by, resolution of the governing
body of the district or local agency. Annual revisions shall include
an extension of the program for an additional year to update the
five-year program. At least 60 days prior to its adoption or annual
revision, as the case may be, the capital improvement program shall
be referred to the planning agency of each affected city and county
within which the district or agency operates, for review as to its
consistency with the applicable general plan, any applicable specific
plans, and all elements and parts of the plan. Failure of the
planning agency to report its findings within 40 days after receipt
of a capital improvement program or revision of the program shall be
conclusively deemed to constitute a finding that the capital
improvement program is consistent with the general plan.
A district or local agency shall not carry out its capital
improvement program or any part of the program if the planning agency
finds that the capital improvement program or a part of the capital
improvement program is not consistent with the applicable general
plan, any specific plans, and all elements and parts of the plan. A
district or local agency may overrule the finding and carry out its
capital improvement program.
(d) Before adopting its capital improvement program, or annual
revisions of the program, the governing body of each special
district, each unified, elementary, and high school district, and
each agency created by a joint powers agreement shall hold at least
one public hearing. Notice of the time and place of the hearing shall
be given pursuant to Section 65090. In addition, mailed notice shall
be given to any city or county which may be significantly affected
by the capital improvement program.

65404. (a) On or before January 1, 2005, the Governor shall develop
processes to do all of the following:
(1) Resolve conflicting requirements of two or more state agencies
for a local plan, permit, or development project.
(2) Resolve conflicts between state functional plans.
(3) Resolve conflicts between state infrastructure projects.
(4) Provide, to the extent permitted under federal law, for the
availability of mediation between a branch of the United States Armed
Forces, a local agency, and a project applicant, in circumstances
where a conflict arises between a proposed land use within special
use airspace beneath low-level flight paths, or within 1,000 feet of
a military installation.
(b) The process may be requested by a local agency, project
applicant, or one or more state agencies. The mediation process
identified in paragraph (4) of subdivision (a) may also be requested
by a branch of the United States Armed Forces.