CALIFORNIA STATUTES AND CODES
SECTIONS 65750-65763
GOVERNMENT CODE
SECTION 65750-65763
65750. As used in this article, unless the context requires
otherwise:
(a) "Petition" includes any form of pleading brought pursuant to
Section 65751, whether it is a petition, complaint, cross-complaint,
complaint in intervention, or any other form.
(b) "Petitioner" includes a petitioner, plaintiff,
cross-complainant, or intervenor who files an action of any kind
pursuant to Section 65751.
65751. Any action to challenge a general plan or any element
thereof on the grounds that such plan or element does not
substantially comply with the requirements of Article 5 (commencing
with Section 65300) shall be brought pursuant to Section 1085 of the
Code of Civil Procedure.
65752. All actions brought pursuant to Section 65751, including the
hearing of any such action on appeal from the decision of a lower
court, shall be given preference over all other civil actions before
the court in the matter of setting the same for hearing or trial, and
in hearing the same, to the end that all such actions shall be
speedily heard and determined.
65753. (a) The petitioner shall request a hearing or trial on the
alternative writ or peremptory writ of mandate, and any other party
may request a hearing or trial, within 90 days of the date the
petitioner files the petition for a writ of mandate pursuant to
Section 65751. If no request for a hearing or trial is filed within
90 days of the date that petition is filed, the action or proceeding
may be set for hearing or trial or dismissed on the motion of any
party other than the petitioner or may be dismissed on the court's
own motion.
(b) Within 30 days of the filing of the request for a hearing or
trial pursuant to subdivision (a), the court shall set a date for a
hearing or trial on the action or part of an action brought pursuant
to Section 65751. The hearing or trial shall be set to be heard at
the earliest possible date that the business of the court permits,
but not more than 120 days after the filing of a request for hearing
under this section. The court may continue for a reasonable time the
date of the hearing or trial upon written motion and a finding of
good cause. However, if the court grants a continuance to a
respondent, it shall, upon the written motion of the petitioner and
upon the petitioner meeting the requirements of Section 65757, grant
the relief provided in Section 65757 as temporary relief but shall
not enjoin any housing developments which comply with applicable
provisions of law and which may be developed without having an impact
on the ability of the city, county, or city and county to properly
adopt and implement an adequate housing element.
65754. In any action brought to challenge the validity of the
general plan of any city, county, or city and county, or any
mandatory element thereof, if the court, in a final judgment in favor
of the plaintiff or petitioner, finds that the general plan or any
mandatory element of the general plan does not substantially comply
with the requirements of Article 5 (commencing with Section 65300):
(a) The city, county, or city and county shall bring its general
plan or relevant mandatory element or elements thereof into
compliance with the requirements of Article 5 (commencing with
Section 65300) within 120 days.
Notwithstanding the provisions of subdivision (b) of Section
65585, the planning agency of the city, county, or city and county
shall submit a draft of its revised housing element or housing
element amendment at least 45 days prior to its adoption to the
Department of Housing and Community Development for its review,
notifying the department that the element is subject to the review
procedure set forth in this section.
The department shall review the draft element or amendment and
report its findings to the planning agency within 45 days of receipt
of the draft. The legislative body shall consider the department's
findings prior to final adoption of the housing element or amendment
if the department's findings are reported to the planning agency
within 45 days after the department receives that draft element or
amendment.
(b) The city or county, including the chartered cities specified
in subdivision (d) of Section 65860, shall, in accordance with
Section 65860, bring its zoning ordinance into consistency with its
general plan or relevant mandatory element or elements thereof within
120 days after the general plan has been amended in accordance with
subdivision (a).
65754.5. (a) During the pendency of any action described in Section
65754, or when issuing a final judgment in favor of the plaintiff or
petitioner finding that the general plan or any element thereof does
not conform to the requirements of Article 5 (commencing with
Section 65300), the court shall not enjoin the development of any
housing development with respect to which all of the following
conditions are met:
(1) The legislative body of the city, county, or city and county
has approved a development project, as defined by Section 65928, for
housing or a specific plan for the housing development and determined
the development project for housing or the specific plan to be
consistent with the general plan of the city, county, or city and
county.
(2) The legislative body of the city, county, or city and county
has certified an environmental impact report or a negative
declaration for the development project for housing or for the
specific plan for housing pursuant to the California Environmental
Quality Act, Division 13 (commencing with Section 21000) of the
Public Resources Code, and no legal action was brought within the
applicable statute of limitations period relating to that
environmental impact report or negative declaration.
(3) The owner of the land upon which the housing is proposed to be
developed, in satisfaction of any requirements imposed and in
reliance upon any action taken by the city, county, or city and
county pursuant to paragraphs (1) and (2), has irrevocably committed
one million dollars ($1,000,000), or more, for public infrastructure,
including, but not limited to, roads, and water and sewer
facilities.
(4) The proposed housing development may be developed without
having an impact upon the city, county, or city and county's ability
to implement an adequate housing element or to properly adopt an
adequate housing element if the court determines, in the pending
action, that the general plan or plan element is inadequate. The
court shall apply the provisions of Section 65760 to determine
whether a housing development will have an impact on the ability of
the city, county, or city and county to properly adopt and implement
an adequate housing element.
(b) The provisions of this section shall be applicable to any
legal action pending on January 1, 1984, and to every action
commenced on or after that date.
(c) This section shall not be construed to preclude a public
agency from exercising discretion, in a manner authorized by any
other provision of law, to alter plans, zoning, or subsequent
development approvals applicable to those lands, or from enacting and
enforcing further regulations upon their use.
65755. (a) The court shall include, in the order or judgment
rendered pursuant to Section 65754, one or more of the following
provisions for any or all types or classes of developments or any or
all geographic segments of the city, county, or city and county until
the city, county, or city and county has substantially complied with
the requirements of Article 5 (commencing with Section 65300):
(1) Suspend the authority of the city, county, or city and county
pursuant to Division 13 (commencing with Section 17910) of the Health
and Safety Code, to issue building permits, or any category of
building permits, and all other related permits, except that the
city, county, or city and county shall continue to function as an
enforcement agency for review of permit applications for appropriate
codes and standards compliance, prior to the issuance of building
permits and other related permits for residential housing for that
city, county, or city and county.
(2) Suspend the authority of the city, county, or city and county,
pursuant to Chapter 4 (commencing with Section 65800) to grant any
and all categories of zoning changes, variances, or both.
(3) Suspend the authority of the city, county, or city and county,
pursuant to Division 2 (commencing with Section 66410), to grant
subdivision map approvals for any and all categories of subdivision
map approvals.
(4) Mandate the approval of all applications for building permits,
or other related construction permits, for residential housing where
a final subdivision map, parcel map, or plot plan has been approved
for the project, where the approval will not impact on the ability of
the city, county, or city and county to properly adopt and implement
an adequate housing element, and where the permit application
conforms to all code requirements and other applicable provisions of
law except those zoning laws held to be invalid by the final court
order, and changes to the zoning ordinances adopted after such final
court order which were enacted for the purpose of preventing the
construction of a specific residential development.
(5) Mandate the approval of any or all final subdivision maps for
residential housing projects which have previously received a
tentative map approval from the city, county, or city and county
pursuant to Division 2 (commencing with Section 66410) when the final
map conforms to the approved tentative map, the tentative map has
not expired, and where approval will not impact on the ability of the
city, county, or city and county to properly adopt and implement an
adequate housing element.
(6) Mandate that notwithstanding the provisions of Sections
66473.5 and 66474, any tentative subdivision map for a residential
housing project shall be approved if all of the following
requirements are met:
(A) The approval of the map will not significantly impair the
ability of the city, county, or city and county to adopt and
implement those elements or portions thereof of the general plan
which have been held to be inadequate.
(B) The map complies with all of the provisions of Division 2
(commencing with Section 66410), except those parts which would
require disapproval of the project due to the inadequacy of the
general plan.
(C) The approval of the map will not affect the ability of the
city, county, or city and county to adopt and implement an adequate
housing element.
(D) The map is consistent with the portions of the general plan
not found inadequate and the proposed revisions, if applicable, to
the part of the plan held inadequate.
(b) Any order or judgment of a court which includes the remedies
described in paragraphs (1), (2), or (3) of subdivision (a) shall
exclude from the operation of that order or judgment any action,
program, or project required by law to be consistent with a general
or specific plan if the court finds that the approval or undertaking
of the action, program, or project complies with both of the
following requirements:
(1) That it will not significantly impair the ability of the city,
county, or city and county to adopt or amend all or part of the
applicable plan as may be necessary to make the plan substantially
comply with the requirements of Article 5 (commencing with Section
65300) in the case of a general plan, or Article 8 (commencing with
Section 65450) in the case of a specific plan.
(2) That it is consistent with those portions of the plan
challenged in the action or proceeding and found by the court to
substantially comply with applicable provisions of law.
The party seeking exclusion from any order or judgment of a court
pursuant to this subdivision shall have the burden of showing that
the action, program, or project complies with paragraphs (1) and (2).
65756. If the court orders a reference of any action brought
pursuant to this article or pursuant to any provision of law which
grants a court the authority to appoint expert witnesses, monitors,
masters, or other third party judicial assistants used in complex
litigation, the referee, monitor, master, or third party judicial
assistant so appointed shall report their findings to the court
within not more than 90 days following that reference.
65757. During the pendency of any action described in Section
65754, the court may, upon a showing of probable success on the
merits, grant the relief provided in Section 65755 as temporary
relief. In any order granting temporary relief, the court shall not
enjoin during the pendency of the action any housing developments
which comply with applicable provisions of law and which may be
developed without having an impact on the ability of the city,
county, or city and county to properly adopt and implement an
adequate housing element. Any housing developments permitted to
proceed during the pendency of the action shall not be subject to the
restrictions specified in subdivision (a) or (b) of Section 65754 as
part of any final judgment.
65758. If the court orders any temporary relief in an action or
proceeding subject to this article, any party to the action or
proceeding may file with the court a written request that the court
make a final determination in the action or proceeding, and the court
shall thereafter make a final determination and enter judgment
within 180 days of the date the request was filed, unless the party
who filed the request files a withdrawal of the request with the
court prior to the filing by the court of its memorandum of intended
decision.
65759. In any action brought under this section:
(a) The California Environmental Quality Act, Division 13
(commencing with Section 21000) of the Public Resources Code, does
not apply to any action necessary to bring its general plan or
relevant mandatory elements of the plan into compliance with any
court order or judgment under this article.
(1) The local agency shall, however, prepare an initial study,
within the time limitations specified in Section 65754, to determine
the environmental effects of the proposed action necessary to comply
with the court order. The initial study shall contain substantially
the same information as is required for an initial study pursuant to
subdivision (c) of Section 15080 of Title 14 of the California Code
of Regulations.
(2) If as a result of the initial study, the local agency
determines that the action may have a significant effect on the
environment, the local agency shall prepare, within the time
limitations specified in Section 65754, an environmental assessment,
the content of which substantially conforms to the required content
for a draft environmental impact report set forth in Article 9
(commencing with Section 15140) of Title 14 of the California Code of
Regulations. The local agency shall include notice of the
preparation of the environmental assessment in all notices provided
for the amendments to the general plan proposed to comply with the
court order.
(3) The environmental assessment shall be deemed to be a part of
the general plan and shall only be reviewable as provided in this
article.
(4) The local agency may comply with the provisions of the
California Environmental Quality Act, Division 13 (commencing with
Section 21000) of the Public Resources Code, in any action necessary
to bring its general plan or the plan's relevant mandatory elements
into compliance with any court order or judgment under this section
so long as it does so within the time limitations specified in
Section 65754.
(b) The court for good cause shown may grant not more than two
extensions of time, not to exceed a total of 240 days, in order to
meet the requirements imposed by Section 65754.
65760. In determining whether a housing development will have an
impact on the ability of the city, county, or city and county to
properly adopt and implement an adequate housing element, the court
shall consider all relevant factors. There is a conclusive
presumption that any housing development, 25 percent of which units
are affordable to persons and families of low or moderate income, as
defined by Section 50093 of the Health and Safety Code, can be
developed without having an impact on the ability of the city,
county, or city and county to properly adopt and implement an
adequate housing element, except where the approval of a housing
development may prevent the city, county, or city and county from
complying with the final judgment of the court.
65761. In no event shall any court grant as relief in any action
brought pursuant to this article the revocation of any building
permits or related permits for the construction of residential
housing which has been issued prior to the filing of the complaint in
such action.
Nothing in this section shall be construed as a limitation on the
ability to bring an action and to grant relief for a violation of
Article 10.5 (commencing with Section 65560).
65762. Nothing in this article shall prohibit a court from
invalidating any development permit based on failure to comply with
the Subdivision Map Act, Division 2 (commencing with Section 66401)
of Title 7 of the Government Code, the California Environmental
Quality Act, Division 13 (commencing with Section 21000) of the
Public Resources Code, the Planning and Zoning Law, Title 7
(commencing with Section 65000) of the Government Code, or other
applicable laws.
The procedures and remedies set forth in this article shall not be
construed to affect the substantive standards of court review of a
general plan or of other local government land use decisions. The
remedies set forth in this article are interim measures which shall
have no application after a general plan has been revised to
substantially comply with state law.
65763. (a) The provisions of this article apply to all actions,
proceedings, and causes of action set forth in this article, whether
commenced or alleged by the filing of a petition, complaint,
cross-complaint, complaint in intervention, or otherwise.
(b) Nothing in this article shall be deemed or construed to create
any cause of action in or to confer standing to sue upon any person,
entity, public officer, or agency in the State of California, or any
other public officer or agency.