SECTIONS 65850-65863.13 - California Statutes

GOVERNMENT CODE

SECTION 65850-65863.13

65850. The legislative body of any county or city may, pursuant to
this chapter, adopt ordinances that do any of the following:
(a) Regulate the use of buildings, structures, and land as between
industry, business, residences, open space, including agriculture,
recreation, enjoyment of scenic beauty, use of natural resources, and
other purposes.
(b) Regulate signs and billboards.
(c) Regulate all of the following:
(1) The location, height, bulk, number of stories, and size of
buildings and structures.
(2) The size and use of lots, yards, courts, and other open
spaces.
(3) The percentage of a lot which may be occupied by a building or
structure.
(4) The intensity of land use.
(d) Establish requirements for offstreet parking and loading.
(e) Establish and maintain building setback lines.
(f) Create civic districts around civic centers, public parks,
public buildings, or public grounds, and establish regulations for
those civic districts.

65850.1. (a) The legislative body of any city or county may adopt
an ordinance or other regulation governing the issuance of permits to
engage in the use of property for occasional commercial filming on
location. This section shall not limit the discretion of a city or
county to limit, condition, or deny the use of property for
occasional commercial filming on location to protect the public
health, safety, or welfare.
(b) All ordinances and regulations enacted by a city or county
regulating by permit the use of property for occasional commercial
filming on location shall not be subject to zoning ordinances or
other land use regulations of that jurisdiction unless the filming
ordinance or regulation expressly states that it is subject to, or
governed by, those zoning ordinances or other land use regulations.
(c) The use of property for occasional commercial filming on
location engaged in pursuant to a filming permit issued by a city or
county shall be permitted in any zone unless the zoning ordinance or
other land use regulations of the jurisdiction expressly prohibit
filming in that zone.

65850.2. (a) Each city and each county shall include, in its
information list compiled pursuant to Section 65940 for development
projects, or application form for projects that do not require a
development permit other than a building permit, both of the
following:
(1) The requirement that the owner or authorized agent shall
indicate whether the owner or authorized agent will need to comply
with the applicable requirements of Section 25505 and Article 2
(commencing with Section 25531) of Chapter 6.95 of Division 20 of the
Health and Safety Code or the requirements for a permit for
construction or modification from the air pollution control district
or air quality management district exercising jurisdiction in the
area governed by the city or county.
(2) The requirement that the owner or authorized agent certify
whether or not the proposed project will have more than a threshold
quantity of a regulated substance in a process or will contain a
source or modified source of hazardous air emissions.
(b) A city or county shall not find the application complete
pursuant to Section 65943 or approve a development project or a
building permit for a project that does not require a development
permit other than a building permit, in which a regulated substance
will be present in a process in quantities greater than the
applicable threshold quantity, unless the owner or authorized agent
for the project first obtains, from the administering agency with
jurisdiction over the facility, a notice of requirement to comply
with, or determination of exemption from, the requirement to prepare
and submit an RMP. Within five days of submitting the project
application to the city or county, the applicant shall submit the
information required pursuant to paragraph (2) of subdivision (a) to
the administering agency. This notice of requirement to comply with,
or determination of exemption from, the requirement for an RMP shall
be provided by the administering agency to the applicant, and the
applicant shall provide the notice to the city or county within 25
days of the administering agency receiving adequate information from
the applicant to make a determination as to the requirement for an
RMP. The requirement to submit an RMP to the administering agency
shall be met prior to the issuance of a certificate of occupancy or
its substantial equivalent. The owner or authorized agent shall
submit, to the city or county, certification from the air pollution
control officer that the owner or authorized agent has provided the
disclosures required pursuant to Section 42303 of the Health and
Safety Code.
(c) A city or county shall not issue a final certificate of
occupancy or its substantial equivalent unless there is verification
from the administering agency, if required by law, that the owner or
authorized agent has met, or is meeting, the applicable requirements
of Section 25505 and Article 2 (commencing with Section 25531) of
Chapter 6.95 of Division 20 of the Health and Safety Code, and the
requirements for a permit, if required by law, from the air pollution
control district or air quality management district exercising
jurisdiction in the area governed by the city or county or has
provided proof from the appropriate district that the permit
requirements do not apply to the owner or authorized agent.
(d) The city or county, after considering the recommendations of
the administering agency or air pollution control district or air
quality management district, shall decide whether, and under what
conditions, to allow construction of the site.
(e) Nothing in this section limits any existing authority of a
district to require compliance with its rules and regulations.
(f) Counties and cities may adopt a schedule of fees for
applications for compliance with this section sufficient to recover
their reasonable costs of carrying out this section. Those fees shall
be used only for the implementation of this section.
(g) As used in this section, the following terms have the
following meaning:
(1) "Administering agency," "process," "regulated substance,"
"RMP," and "threshold quantity" have the same meaning as set forth
for those terms in Section 25532 of the Health and Safety Code.
(2) "Hazardous air emissions" means emissions into the ambient air
of air contaminants that have been identified as a toxic air
contaminant by the State Air Resources Board or by the air pollution
control officer for the jurisdiction in which the project is located.
As determined by the air pollution control officer, "hazardous air
emissions" also means emissions into the ambient air of any substance
identified in subdivisions (a) to (f), inclusive, of Section 44321
of the Health and Safety Code.
(h) Any misrepresentation of information required by this section
shall be grounds for denial, suspension, or revocation of project
approval or permit issuance. The owner or authorized agent required
to comply with this section shall notify all future occupants of
their potential duty to comply with the requirements of Section 25505
and Article 2 (commencing with Section 25531) of Chapter 6.95 of
Division 20 of the Health and Safety Code.
(i) This section does not apply to applications solely for
residential construction.

65850.3. Any ordinance adopted by the legislative body of a city or
county that regulates amateur radio station antenna structures shall
allow those structures to be erected at heights and dimensions
sufficient to accommodate amateur radio service communications, shall
not preclude amateur radio service communications, shall reasonably
accommodate amateur radio service communications, and shall
constitute the minimum practicable regulation to accomplish the city'
s or county's legitimate purpose.
It is the intent of the Legislature in adding this section to the
Government Code, to codify in state law the provisions of Section
97.15 of Title 47 of the Code of Federal Regulations, which expresses
the Federal Communications Commission's limited preemption of local
regulations governing amateur radio station facilities.

65850.4. (a) The legislative body of any county or city may
regulate, pursuant to a content neutral ordinance, the time, place,
and manner of operation of sexually oriented businesses, when the
ordinance is designed to serve a substantial governmental interest,
does not unreasonably limit alternative avenues of communication, and
is based on narrow, objective, and definite standards. The
legislative body is entitled to rely on the experiences of other
counties and cities and on the findings of court cases in
establishing the reasonableness of the ordinance and its relevance to
the specific problems it addresses, including the harmful secondary
effects that the business may have on the community and its proximity
to churches, schools, residences, establishments dispensing alcohol,
and other sexually oriented businesses.
(b) For purposes of this section, a sexually oriented business is
one whose primary purpose is the sale or display of matter that,
because of its sexually explicit nature, may, pursuant to state law
or local regulatory authority, be offered only to persons over the
age of 18 years.
(c) This section shall not be construed to preempt the legislative
body of any city or county from regulating a sexually oriented
business or similar establishment in the manner and to the extent
permitted by the United States Constitution and the California
Constitution.
(d) It is the intent of the Legislature to authorize the
legislative body of any city or county to enter into a legally
sanctioned and appropriate cooperative agreement, consortium, or
joint powers authority with other adjacent cities or counties
regarding regulation of established negative secondary effects of
adult or sexually oriented businesses if the actions taken by the
legislative body are consistent with this section.
(e) The Legislature finds and declares that in order to encourage
the legislative body of a city or county in regulating adult or
sexually oriented businesses or similar businesses under this
section, the legislative body may consider any harmful secondary
effects such a business may have on adjacent cities and counties and
its proximity to churches, schools, residents, and other businesses
located in adjacent cities or counties.

65850.5. (a) The implementation of consistent statewide standards
to achieve the timely and cost-effective installation of solar energy
systems is not a municipal affair, as that term is used in Section 5
of Article XI of the California Constitution, but is instead a
matter of statewide concern. It is the intent of the Legislature that
local agencies not adopt ordinances that create unreasonable
barriers to the installation of solar energy systems, including, but
not limited to, design review for aesthetic purposes, and not
unreasonably restrict the ability of homeowners and agricultural and
business concerns to install solar energy systems. It is the policy
of the state to promote and encourage the use of solar energy systems
and to limit obstacles to their use. It is the intent of the
Legislature that local agencies comply not only with the language of
this section, but also the legislative intent to encourage the
installation of solar energy systems by removing obstacles to, and
minimizing costs of, permitting for such systems.
(b) A city or county shall administratively approve applications
to install solar energy systems through the issuance of a building
permit or similar nondiscretionary permit. Review of the application
to install a solar energy system shall be limited to the building
official's review of whether it meets all health and safety
requirements of local, state, and federal law. The requirements of
local law shall be limited to those standards and regulations
necessary to ensure that the solar energy system will not have a
specific, adverse impact upon the public health or safety. However,
if the building official of the city or county has a good faith
belief that the solar energy system could have a specific, adverse
impact upon the public health and safety, the city or county may
require the applicant to apply for a use permit.
(c) A city or county may not deny an application for a use permit
to install a solar energy system unless it makes written findings
based upon substantial evidence in the record that the proposed
installation would have a specific, adverse impact upon the public
health or safety, and there is no feasible method to satisfactorily
mitigate or avoid the specific, adverse impact. The findings shall
include the basis for the rejection of potential feasible
alternatives of preventing the adverse impact.
(d) The decision of the building official pursuant to subdivisions
(b) and (c) may be appealed to the planning commission of the city
or county.
(e) Any conditions imposed on an application to install a solar
energy system shall be designed to mitigate the specific, adverse
impact upon the public health and safety at the lowest cost possible.
(f) (1) A solar energy system shall meet applicable health and
safety standards and requirements imposed by state and local
permitting authorities.
(2) A solar energy system for heating water shall be certified by
the Solar Rating Certification Corporation (SRCC) or other nationally
recognized certification agency. SRCC is a nonprofit third party
supported by the United States Department of Energy. The
certification shall be for the entire solar energy system and
installation.
(3) A solar energy system for producing electricity shall meet all
applicable safety and performance standards established by the
National Electrical Code, the Institute of Electrical and Electronics
Engineers, and accredited testing laboratories such as Underwriters
Laboratories and, where applicable, rules of the Public Utilities
Commission regarding safety and reliability.
(g) The following definitions apply to this section:
(1) "A feasible method to satisfactorily mitigate or avoid the
specific, adverse impact" includes, but is not limited to, any
cost-effective method, condition, or mitigation imposed by a city or
county on another similarly situated application in a prior
successful application for a permit. A city or county shall use its
best efforts to ensure that the selected method, condition, or
mitigation meets the conditions of subparagraphs (A) and (B) of
paragraph (1) of subdivision (d) of Section 714 of the Civil Code.
(2) "Solar energy system" has the same meaning set forth in
paragraphs (1) and (2) of subdivision (a) of Section 801.5 of the
Civil Code.
(3) A "specific, adverse impact" means a significant,
quantifiable, direct, and unavoidable impact, based on objective,
identified, and written public health or safety standards, policies,
or conditions as they existed on the date the application was deemed
complete.

65850.6. (a) A collocation facility shall be a permitted use not
subject to a city or county discretionary permit if it satisfies the
following requirements:
(1) The collocation facility is consistent with requirements for
the wireless telecommunications collocation facility pursuant to
subdivision (b) on which the collocation facility is proposed.
(2) The wireless telecommunications collocation facility on which
the collocation facility is proposed was subject to a discretionary
permit by the city or county and an environmental impact report was
certified, or a negative declaration or mitigated negative
declaration was adopted for the wireless telecommunications
collocation facility in compliance with the California Environmental
Quality Act (Division 13 (commencing with Section 21000) of the
Public Resources Code), the requirements of Section 21166 do not
apply, and the collocation facility incorporates required mitigation
measures specified in that environmental impact report, negative
declaration, or mitigated negative declaration.
(b) A wireless telecommunications collocation facility, where a
subsequent collocation facility is a permitted use not subject to a
city or county discretionary permit pursuant to subdivision (a),
shall be subject to a city or county discretionary permit issued on
or after January 1, 2007, and shall comply with all of the following:
(1) City or county requirements for a wireless telecommunications
collocation facility that specifies types of wireless
telecommunications facilities that are allowed to include a
collocation facility, or types of wireless telecommunications
facilities that are allowed to include certain types of collocation
facilities; height, location, bulk, and size of the wireless
telecommunications collocation facility; percentage of the wireless
telecommunications collocation facility that may be occupied by
collocation facilities; and aesthetic or design requirements for the
wireless telecommunications collocation facility.
(2) City or county requirements for a proposed collocation
facility, including any types of collocation facilities that may be
allowed on a wireless telecommunications collocation facility;
height, location, bulk, and size of allowed collocation facilities;
and aesthetic or design requirements for a collocation facility.
(3) State and local requirements, including the general plan, any
applicable community plan or specific plan, and zoning ordinance.
(4) The California Environmental Quality Act (Division 13
(commencing with Section 21000) of the Public Resources Code) through
certification of an environmental impact report, or adoption of a
negative declaration or mitigated negative declaration.
(c) The city or county shall hold at least one public hearing on
the discretionary permit required pursuant to subdivision (b) and
notice shall be given pursuant to Section 65091, unless otherwise
required by this division.
(d) For purposes of this section, the following definitions apply:
(1) "Collocation facility" means the placement or installation of
wireless facilities, including antennas, and related equipment, on,
or immediately adjacent to, a wireless telecommunications collocation
facility.
(2) "Wireless telecommunications facility" means equipment and
network components such as towers, utility poles, transmitters, base
stations, and emergency power systems that are integral to providing
wireless telecommunications services.
(3) "Wireless telecommunications collocation facility" means a
wireless telecommunications facility that includes collocation
facilities.
(e) The Legislature finds and declares that a collocation
facility, as defined in this section, has a significant economic
impact in California and is not a municipal affair as that term is
used in Section 5 of Article XI of the California Constitution, but
is a matter of statewide concern.
(f) With respect to the consideration of the environmental effects
of radio frequency emissions, the review by the city or county shall
be limited to that authorized by Section 332(c)(7) of Title 47 of
the United States Code, or as that section may be hereafter amended.

65851. For such purposes the legislative body may divide a county,
a city, or portions thereof, into zones of the number, shape and area
it deems best suited to carry out the purpose of this chapter.

65852. All such regulations shall be uniform for each class or kind
of building or use of land throughout each zone, but the regulation
in one type of zone may differ from those in other types of zones.

65852.1. (a) Notwithstanding Section 65906, any city, including a
charter city, county, or city and county may issue a zoning variance,
special use permit, or conditional use permit for a dwelling unit to
be constructed, or which is attached to or detached from, a primary
residence on a parcel zoned for a single-family residence, if the
dwelling unit is intended for the sole occupancy of one adult or two
adult persons who are 62 years of age or over, and the area of
floorspace of the attached dwelling unit does not exceed 30 percent
of the existing living area or the area of the floorspace of the
detached dwelling unit does not exceed 1,200 square feet.
This section shall not be construed to limit the requirements of
Section 65852.2, or the power of local governments to permit second
units.
(b) This section shall become inoperative on January 1, 2007, and
shall have no effect thereafter, except that any zoning variance,
special use permit, or conditional use permit issued for a dwelling
unit before January 1, 2007, pursuant to this section shall remain
valid, and a dwelling unit constructed pursuant to such a zoning
variance, special use permit, or conditional use permit shall be
considered in compliance with all relevant laws, ordinances, rules,
and regulations after January 1, 2007.

65852.150. The Legislature finds and declares that second units are
a valuable form of housing in California. Second units provide
housing for family members, students, the elderly, in-home health
care providers, the disabled, and others, at below market prices
within existing neighborhoods. Homeowners who create second units
benefit from added income, and an increased sense of security.
It is the intent of the Legislature that any second-unit
ordinances adopted by local agencies have the effect of providing for
the creation of second units and that provisions in these ordinances
relating to matters including unit size, parking, fees and other
requirements, are not so arbitrary, excessive, or burdensome so as to
unreasonably restrict the ability of homeowners to create second
units in zones in which they are authorized by local ordinance.

65852.2. (a) (1) Any local agency may, by ordinance, provide for
the creation of second units in single-family and multifamily
residential zones. The ordinance may do any of the following:
(A) Designate areas within the jurisdiction of the local agency
where second units may be permitted. The designation of areas may be
based on criteria, that may include, but are not limited to, the
adequacy of water and sewer services and the impact of second units
on traffic flow.
(B) Impose standards on second units that include, but are not
limited to, parking, height, setback, lot coverage, architectural
review, maximum size of a unit, and standards that prevent adverse
impacts on any real property that is listed in the California
Register of Historic Places.
(C) Provide that second units do not exceed the allowable density
for the lot upon which the second unit is located, and that second
units are a residential use that is consistent with the existing
general plan and zoning designation for the lot.
(2) The ordinance shall not be considered in the application of
any local ordinance, policy, or program to limit residential growth.
(3) When a local agency receives its first application on or after
July 1, 2003, for a permit pursuant to this subdivision, the
application shall be considered ministerially without discretionary
review or a hearing, notwithstanding Section 65901 or 65906 or any
local ordinance regulating the issuance of variances or special use
permits. Nothing in this paragraph may be construed to require a
local government to adopt or amend an ordinance for the creation of
second units. A local agency may charge a fee to reimburse it for
costs that it incurs as a result of amendments to this paragraph
enacted during the 2001-02 Regular Session of the Legislature,
including the costs of adopting or amending any ordinance that
provides for the creation of second units.
(b) (1) When a local agency which has not adopted an ordinance
governing second units in accordance with subdivision (a) or (c)
receives its first application on or after July 1, 1983, for a permit
pursuant to this subdivision, the local agency shall accept the
application and approve or disapprove the application ministerially
without discretionary review pursuant to this subdivision unless it
adopts an ordinance in accordance with subdivision (a) or (c) within
120 days after receiving the application. Notwithstanding Section
65901 or 65906, every local agency shall grant a variance or special
use permit for the creation of a second unit if the second unit
complies with all of the following:
(A) The unit is not intended for sale and may be rented.
(B) The lot is zoned for single-family or multifamily use.
(C) The lot contains an existing single-family dwelling.
(D) The second unit is either attached to the existing dwelling
and located within the living area of the existing dwelling or
detached from the existing dwelling and located on the same lot as
the existing dwelling.
(E) The increased floor area of an attached second unit shall not
exceed 30 percent of the existing living area.
(F) The total area of floorspace for a detached second unit shall
not exceed 1,200 square feet.
(G) Requirements relating to height, setback, lot coverage,
architectural review, site plan review, fees, charges, and other
zoning requirements generally applicable to residential construction
in the zone in which the property is located.
(H) Local building code requirements which apply to detached
dwellings, as appropriate.
(I) Approval by the local health officer where a private sewage
disposal system is being used, if required.
(2) No other local ordinance, policy, or regulation shall be the
basis for the denial of a building permit or a use permit under this
subdivision.
(3) This subdivision establishes the maximum standards that local
agencies shall use to evaluate proposed second units on lots zoned
for residential use which contain an existing single-family dwelling.
No additional standards, other than those provided in this
subdivision or subdivision (a), shall be utilized or imposed, except
that a local agency may require an applicant for a permit issued
pursuant to this subdivision to be an owner-occupant.
(4) No changes in zoning ordinances or other ordinances or any
changes in the general plan shall be required to implement this
subdivision. Any local agency may amend its zoning ordinance or
general plan to incorporate the policies, procedures, or other
provisions applicable to the creation of second units if these
provisions are consistent with the limitations of this subdivision.
(5) A second unit which conforms to the requirements of this
subdivision shall not be considered to exceed the allowable density
for the lot upon which it is located, and shall be deemed to be a
residential use which is consistent with the existing general plan
and zoning designations for the lot. The second units shall not be
considered in the application of any local ordinance, policy, or
program to limit residential growth.
(c) No local agency shall adopt an ordinance which totally
precludes second units within single-family or multifamily zoned
areas unless the ordinance contains findings acknowledging that the
ordinance may limit housing opportunities of the region and further
contains findings that specific adverse impacts on the public health,
safety, and welfare that would result from allowing second units
within single-family and multifamily zoned areas justify adopting the
ordinance.
(d) A local agency may establish minimum and maximum unit size
requirements for both attached and detached second units. No minimum
or maximum size for a second unit, or size based upon a percentage of
the existing dwelling, shall be established by ordinance for either
attached or detached dwellings which does not permit at least an
efficiency unit to be constructed in compliance with local
development standards.
(e) Parking requirements for second units shall not exceed one
parking space per unit or per bedroom. Additional parking may be
required provided that a finding is made that the additional parking
requirements are directly related to the use of the second unit and
are consistent with existing neighborhood standards applicable to
existing dwellings. Off-street parking shall be permitted in setback
areas in locations determined by the local agency or through tandem
parking, unless specific findings are made that parking in setback
areas or tandem parking is not feasible based upon specific site or
regional topographical or fire and life safety conditions, or that it
is not permitted anywhere else in the jurisdiction.
(f) Fees charged for the construction of second units shall be
determined in accordance with Chapter 5 (commencing with Section
66000).
(g) This section does not limit the authority of local agencies to
adopt less restrictive requirements for the creation of second
units.
(h) Local agencies shall submit a copy of the ordinances adopted
pursuant to subdivision (a) or (c) to the Department of Housing and
Community Development within 60 days after adoption.
(i) As used in this section, the following terms mean:
(1) "Living area," means the interior habitable area of a dwelling
unit including basements and attics but does not include a garage or
any accessory structure.
(2) "Local agency" means a city, county, or city and county,
whether general law or chartered.
(3) For purposes of this section, "neighborhood" has the same
meaning as set forth in Section 65589.5.
(4) "Second unit" means an attached or a detached residential
dwelling unit which provides complete independent living facilities
for one or more persons. It shall include permanent provisions for
living, sleeping, eating, cooking, and sanitation on the same parcel
as the single-family dwelling is situated. A second unit also
includes the following:
(A) An efficiency unit, as defined in Section 17958.1 of Health
and Safety Code.
(B) A manufactured home, as defined in Section 18007 of the Health
and Safety Code.
(j) Nothing in this section shall be construed to supersede or in
any way alter or lessen the effect or application of the California
Coastal Act (Division 20 (commencing with Section 30000) of the
Public Resources Code), except that the local government shall not be
required to hold public hearings for coastal development permit
applications for second units.

65852.25. (a) No local agency shall enact or enforce any ordinance,
regulation, or resolution that would prohibit the reconstruction,
restoration, or rebuilding of a multifamily dwelling that is
involuntarily damaged or destroyed by fire, other catastrophic event,
or the public enemy.
(b) Notwithstanding subdivision (a), a local agency may prohibit
the reconstruction, restoration, or rebuilding of a multifamily
dwelling that is involuntarily damaged or destroyed by fire, other
catastrophic event, or the public enemy, if the local agency
determines that:
(1) The reconstruction, restoration, or rebuilding will be
detrimental or injurious to the health, safety, or general welfare of
persons residing or working in the neighborhood, or will be
detrimental or injurious to property and improvements in the
neighborhood.
(2) The existing nonconforming use of the building or structure
would be more appropriately moved to a zone in which the use is
permitted, or that there no longer exists a zone in which the
existing nonconforming use is permitted.
(c) The dwelling may be reconstructed, restored, or rebuilt up to
its predamaged size and number of dwelling units, and its
nonconforming use, if any, may be resumed.
(d) Any reconstruction, restoration, or rebuilding undertaken
pursuant to this section shall conform to all of the following:
(1) The California Building Standards Code as that code was in
effect at the time of reconstruction, restoration, or rebuilding.
(2) Any more restrictive local building standards authorized
pursuant to Sections 13869.7, 17958.7, and 18941.5 of the Health and
Safety Code, as those standards were in effect at the time of
reconstruction, restoration, or rebuilding.
(3) The State Historical Building Code (Part 2.7 (commencing with
Section 18950) of Division 13 of the Health and Safety Code) for work
on qualified historical buildings or structures.
(4) Local zoning ordinances, so long as the predamage size and
number of dwelling units are maintained.
(5) Architectural regulations and standards, so long as the
predamage size and number of dwelling units are maintained.
(6) A building permit which shall be obtained within two years
after the date of the damage or destruction.
(e) A local agency may enact or enforce an ordinance, regulation,
or resolution that grants greater or more permissive rights to
restore, reconstruct, or rebuild a multifamily dwelling.
(f) Notwithstanding subdivision (a), a local agency may prohibit
the reconstruction, restoration, or rebuilding of a multifamily
dwelling that is involuntarily damaged or destroyed by fire, other
catastrophic event, or by the public enemy, if the building is
located in an industrial zone.
(g) For purposes of this section, "multifamily dwelling" is
defined as any structure designed for human habitation that is
divided into two or more independent living quarters.

65852.3. (a) A city, including a charter city, county, or city and
county, shall allow the installation of manufactured homes certified
under the National Manufactured Housing Construction and Safety
Standards Act of 1974 (42 U.S.C. Secs. 5401 et seq.) on a foundation
system, pursuant to Section 18551 of the Health and Safety Code, on
lots zoned for conventional single-family residential dwellings.
Except with respect to architectural requirements, a city, including
a charter city, county, or city and county, shall only subject the
manufactured home and the lot on which it is placed to the same
development standards to which a conventional single-family
residential dwelling on the same lot would be subject, including, but
not limited to, building setback standards, side and rear yard
requirements, standards for enclosures, access, and vehicle parking,
aesthetic requirements, and minimum square footage requirements. Any
architectural requirements imposed on the manufactured home structure
itself, exclusive of any requirement for any and all additional
enclosures, shall be limited to its roof overhang, roofing material,
and siding material. These architectural requirements may be imposed
on manufactured homes even if similar requirements are not imposed on
conventional single-family residential dwellings. However, any
architectural requirements for roofing and siding material shall not
exceed those which would be required of conventional single-family
dwellings constructed on the same lot. At the discretion of the local
legislative body, the city or county may preclude installation of a
manufactured home in zones specified in this section if more than 10
years have elapsed between the date of manufacture of the
manufactured home and the date of the application for the issuance of
a permit to install the manufactured home in the affected zone. In
no case may a city, including a charter city, county, or city and
county, apply any development standards that will have the effect of
precluding manufactured homes from being installed as permanent
residences.
(b) At the discretion of the local legislative body, any place,
building, structure, or other object having a special character or
special historical interest or value, and which is regulated by a
legislative body pursuant to Section 37361, may be exempted from this
section, provided the place, building, structure, or other object is
listed on the National Register of Historic Places.

65852.4. A city, including a charter city, a county, or a city and
county, shall not subject an application to locate or install a
manufactured home certified under the National Manufactured Housing
Construction and Safety Standards Act of 1974 (42 U.S.C. Sec. 5401 et
seq.) on a foundation system, pursuant to Section 18551 of the
Health and Safety Code, on a lot zoned for a single-family
residential dwelling, to any administrative permit, planning, or
development process or requirement, which is not identical to the
administrative permit, planning, or development process or
requirement which would be imposed on a conventional single-family
residential dwelling on the same lot. However, a city, including a
charter city, county, or city and county, may require the application
to comply with the city's, county's, or city and county's
architectural requirements permitted by Section 65852.3 even if the
architectural requirements are not required of conventional
single-family residential dwellings.

65852.5. Notwithstanding the provisions of Section 65852.3, no
city, including a charter city, county, or city and county, may
impose size requirements for a roof overhang of a manufactured home
subject to the provisions of Section 65852. 3, unless the same size
requirements also would be imposed on a conventional single-family
residential dwelling constructed on the same lot. However, when there
are no size requirements for roof overhangs for both manufactured
homes and conventional single-family residential dwellings, a city,
including a charter city, county, city and county, may impose a roof
overhang on manufactured homes not to exceed 16 inches.

65852.6. (a) It is the policy of the state to permit breeding and
the maintaining of homing pigeons consistent with the preservation of
public health and safety.
(b) For purposes of this section, a "homing pigeon," sometimes
referred to as a racing pigeon, is a bird of the order Columbae. It
does not fall in the category of "fowl" which includes chickens,
turkeys, ducks, geese, and other domesticated birds other than
pigeons.

65852.7. A mobilehome park, as defined in Section 18214 of the
Health and Safety Code, shall be deemed a permitted land use on all
land planned and zoned for residential land use as designated by the
applicable general plan; provided, however, that a city, county, or a
city and county may require a use permit. For purposes of this
section, "mobilehome park" also means a mobilehome development
constructed according to the requirements of Part 2.1 (commencing
with Section 18200) of Division 13 of the Health and Safety Code, and
intended for use and sale as a mobilehome condominium or cooperative
park, or as a mobilehome planned unit development. The provisions of
this section shall apply to a city, including a charter city, a
county, or a city and county.

65852.9. (a) The Legislature recognizes that unused schoolsites
represent a potentially major source of revenue for school districts
and that current law reserves a percentage of unused schoolsites for
park and recreational purposes. It is therefore the intent of the
Legislature to ensure that unused schoolsites not leased or purchased
for park or recreational purposes pursuant to Article 5 (commencing
with Section 17485) of Chapter 4 of Part 10.5 of the Education Code
can be developed to the same extent as is permitted on adjacent
property. It is further the intent of the Legislature to expedite the
process of zoning the property to avoid unnecessary costs and delays
to the school district. However, school districts shall be charged
for the administrative costs of this rezoning.
(b) If all of the public entities enumerated in Section 17489 of
the Education Code decline a school district's offer to sell or lease
school property pursuant to Article 5 (commencing with Section 17485
of Chapter 4 of Part 10.5 of the Education Code, the city or county
having zoning jurisdiction over the property shall, upon request of
the school district, zone the schoolsite as defined in Section 39392
of the Education Code, consistent with the provisions of the
applicable general and specific plans and compatible with the uses of
property surrounding the schoolsite. The schoolsite shall be given
the same land use control treatment as if it were privately owned. In
no event shall the city or county, prior to the school district's
sale or lease of the schoolsite, rezone the site to open-space, park
or recreation, or similar designation unless the adjacent property is
so zoned, or if so requested or agreed to by the school district.
(c) A rezoning effected pursuant to this section shall be subject
to any applicable procedural requirements of state law or of the city
or county.
(d) A school district that requests a zoning change pursuant to
this section shall, in the fiscal year in which the city or county
incurs costs in effecting the requested zoning change, reimburse the
city or county for the actual costs incurred by it.

65852.11. (a) No city or county, including a charter city, county,
or city and county, which has adopted or enacted a local rent control
ordinance for mobilehome park spaces, shall adopt or enforce any
ordinance, rule, or regulation that prohibits or limits the duration
of rental agreements or leases for any space contained within any
manufactured housing community, as defined in Section 18801 of the
Health and Safety Code, or within any mobilehome park, as defined in
Section 18214 of the Health and Safety Code, that is new
construction, if the enactment operates to circumvent the provisions
of Section 798.7 of the Civil Code.
(b) As used in this section, "new construction" means:
(1) For mobilehome parks, any newly constructed space, pursuant to
Section 798.7 of the Civil Code.
(2) For manufactured housing communities, any space initially held
out for rent after January 1, 1993.
(c) A mobilehome park that is considered "new construction"
pursuant to this section, and that complies with Section 18801 of the
Health and Safety Code, may be converted to a manufactured housing
community without losing its "new construction" designation.

65853. A zoning ordinance or an amendment to a zoning ordinance,
which amendment changes any property from one zone to another or
imposes any regulation listed in Section 65850 not theretofore
imposed or removes or modifies any such regulation theretofore
imposed shall be adopted in the manner set forth in Sections 65854 to
65857, inclusive. Any other amendment to a zoning ordinance may be
adopted as other ordinances are adopted.
When the legislative body has requested the planning commission to
study and report upon a zoning ordinance or amendment which is
within the scope of this section and the planning commission fails to
act upon such request within a reasonable time, the legislative body
may, by written notice, require the planning commission to render
its report within 40 days. Upon receipt of the written notice the
planning commission, if it has not done so, shall conduct the public
hearing as required by Section 65854. Failure to so report to the
legislative body within the above time period shall be deemed to be
approval of the proposed zoning ordinance or amendment to a zoning
ordinance.

65854. The planning commission shall hold a public hearing on the
proposed zoning ordinance or amendment to a zoning ordinance. Notice
of the hearing shall be given pursuant to Section 65090 and, if the
proposed ordinance or amendment to a zoning ordinance affects the
permitted uses of real property, notice shall also be given pursuant
to Section 65091.

65855. After the hearing, the planning commission shall render its
decision in the form of a written recommendation to the legislative
body. Such recommendation shall include the reasons for the
recommendation, the relationship of the proposed ordinance or
amendment to applicable general and specific plans, and shall be
transmitted to the legislative body in such form and manner as may be
specified by the legislative body.

65856. (a) Upon receipt of the recommendation of the planning
commission, the legislative body shall hold a public hearing.
However, if the matter under consideration is an amendment to a
zoning ordinance to change property from one zone to another, and the
planning commission has recommended against the adoption of such
amendment, the legislative body shall not be required to take any
further action on the amendment unless otherwise provided by
ordinance or unless an interested party requests a hearing by filing
a written request with the clerk of the legislative body within five
days after the planning commission files its recommendations with the
legislative body.
(b) Notice of the hearing shall be given pursuant to Section
65090.

65857. The legislative body may approve, modify or disapprove the
recommendation of the planning commission; provided that any
modification of the proposed ordinance or amendment by the
legislative body not previously considered by the planning commission
during its hearing, shall first be referred to the planning
commission for report and recommendation, but the planning commission
shall not be required to hold a public hearing thereon. Failure of
the planning commission to report within forty (40) days after the
reference, or such longer period as may be designated by the
legislative body, shall be deemed to be approval of the proposed
modification.

65858. (a) Without following the procedures otherwise required
prior to the adoption of a zoning ordinance, the legislative body of
a county, city, including a charter city, or city and county, to
protect the public safety, health, and welfare, may adopt as an
urgency measure an interim ordinance prohibiting any uses that may be
in conflict with a contemplated general plan, specific plan, or
zoning proposal that the legislative body, planning commission or the
planning department is considering or studying or intends to study
within a reasonable time. That urgency measure shall require a
four-fifths vote of the legislative body for adoption. The interim
ordinance shall be of no further force and effect 45 days from its
date of adoption. After notice pursuant to Section 65090 and public
hearing, the legislative body may extend the interim ordinance for 10
months and 15 days and subsequently extend the interim ordinance for
one year. Any extension shall also require a four-fifths vote for
adoption. Not more than two extensions may be adopted.
(b) Alternatively, an interim ordinance may be adopted by a
four-fifths vote following notice pursuant to Section 65090 and
public hearing, in which case it shall be of no further force and
effect 45 days from its date of adoption. After notice pursuant to
Section 65090 and public hearing, the legislative body may by a
four-fifths vote extend the interim ordinance for 22 months and 15
days.
(c) The legislative body shall not adopt or extend any interim
ordinance pursuant to this section unless the ordinance contains
legislative findings that there is a current and immediate threat to
the public health, safety, or welfare, and that the approval of
additional subdivisions, use permits, variances, building permits, or
any other applicable entitlement for use which is required in order
to comply with a zoning ordinance would result in that threat to
public health, safety, or welfare. In addition, any interim ordinance
adopted pursuant to this section that has the effect of denying
approvals needed for the development of projects with a significant
component of multifamily housing may not be extended except upon
written findings adopted by the legislative body, supported by
substantial evidence on the record, that all of the following
conditions exist:
(1) The continued approval of the development of multifamily
housing projects would have a specific, adverse impact upon the
public health or safety. As used in this paragraph, a "specific,
adverse impact" means a significant, quantifiable, direct, and
unavoidable impact, based on objective, identified written public
health or safety standards, policies, or conditions as they existed
on the date that the ordinance is adopted by the legislative body.
(2) The interim ordinance is necessary to mitigate or avoid the
specific, adverse impact identified pursuant to paragraph (1).
(3) There is no feasible alternative to satisfactorily mitigate or
avoid the specific, adverse impact identified pursuant to paragraph
(1) as well or better, with a less burdensome or restrictive effect,
than the adoption of the proposed interim ordinance.
(d) Ten days prior to the expiration of that interim ordinance or
any extension, the legislative body shall issue a written report
describing the measures taken to alleviate the condition which led to
the adoption of the ordinance.
(e) When an interim ordinance has been adopted, every subsequent
ordinance adopted pursuant to this section, covering the whole or a
part of the same property, shall automatically terminate and be of no
further force or effect upon the termination of the first interim
ordinance or any extension of the ordinance as provided in this
section.
(f) Notwithstanding subdivision (e), upon termination of a prior
interim ordinance, the legislative body may adopt another interim
ordinance pursuant to this section provided that the new interim
ordinance is adopted to protect the public safety, health, and
welfare from an event, occurrence, or set of circumstances different
from the event, occurrence, or set of circumstances that led to the
adoption of the prior interim ordinance.
(g) For purposes of this section, "development of multifamily
housing projects" does not include the demolition, conversion,
redevelopment, or rehabilitation of multifamily housing that is
affordable to lower income households, as defined in Section 50079.5
of the Health and Safety Code, or that will result in an increase in
the price or reduction of the number of affordable units in a
multifamily housing project.
(h) For purposes of this section, "projects with a significant
component of multifamily housing" means projects in which multifamily
housing consists of at least one-third of the total square footage
of the project.

65859. (a) A city may, pursuant to this chapter, prezone
unincorporated territory to determine the zoning that will apply to
that territory upon annexation to the city.
The zoning shall become effective at the same time that the
annexation becomes effective.
(b) Pursuant to Section 56375, those cities subject to that
provision shall complete prezoning proceedings as required by law.
(c) If a city has not prezoned territory which is annexed, it may
adopt an interim ordinance pursuant to Section 65858.

65860. (a) County or city zoning ordinances shall be consistent
with the general plan of the county or city by January 1, 1974. A
zoning ordinance shall be consistent with a city or county general
plan only if both of the following conditions are met:
(1) The city or county has officially adopted such a plan.
(2) The various land uses authorized by the ordinance are
compatible with the objectives, policies, general land uses, and
programs specified in the plan.
(b) Any resident or property owner within a city or a county, as
the case may be, may bring an action or proceeding in the superior
court to enforce compliance with subdivision (a). Any such action or
proceeding shall be governed by Chapter 2 (commencing with Section
1084) of Title 1 of Part 3 of the Code of Civil Procedure. No action
or proceeding shall be maintained pursuant to this section by any
person unless the action or proceeding is commenced and service is
made on the legislative body within 90 days of the enactment of any
new zoning ordinance or the amendment of any existing zoning
ordinance.
(c) In the event that a zoning ordinance becomes inconsistent with
a general plan by reason of amendment to the plan, or to any element
of the plan, the zoning ordinance shall be amended within a
reasonable time so that it is consistent with the general plan as
amended.
(d) Notwithstanding Section 65803, this section shall apply in a
charter city of 2,000,000 or more population to a zoning ordinance
adopted prior to January 1, 1979, which zoning ordinance shall be
consistent with the general plan of the city by July 1, 1982.

65860.1. (a) Within 36 months of the adoption Central Valley Flood
Protection Plan by the Central Valley Flood Protection Board pursuant
to Section 9612 of the Water Code, but not more than 12 months after
the amendment of its general plan pursuant to Section 65302.9, each
city and county within the Sacramento-San Joaquin Valley shall amend
its zoning ordinance so that it is consistent with the general plan,
as amended.
(b) Notwithstanding any other provision of law, this section
applies to all cities, including charter cities, and counties within
the Sacramento-San Joaquin Valley. The Legislature finds and declares
that flood protection in the Sacramento and San Joaquin Rivers
drainage areas is a matter of statewide concern and not a municipal
affair as that term is used in Section 5 of Article XI of the
California Constitution.

65861. When there is no planning commission, the legislative body
of the city or county shall do all things required or authorized by
this chapter of the planning commission.

65862. When inconsistency between the general plan and zoning
arises as a result of adoption of or amendment to a general plan, or
any element thereof, hearings held pursuant to Section 65854 or 65856
for the purpose of bringing zoning into consistency with the general
plan, as required by Section 65860, may be held at the same time as
hearings held for the purpose of adopting or amending a general plan,
or any element thereof. However, the hearing on the general plan
amendment may, at the discretion of the local agency, be concluded
prior to any consideration of adoption of a zoning change.
It is the intent of the Legislature, in enacting this section,
that local agencies shall, to the extent possible, concurrently
process applications for general plan amendments and zoning changes
which are needed to permit development so as to expedite processing
of such applications.

65863. (a) Each city, county, or city and county shall ensure that
its housing element inventory described in paragraph (3) of
subdivision (a) of Section 65583 or its housing element program to
make sites available pursuant to paragraph (1) of subdivision (c) of
Section 65583 can accommodate its share of the regional housing need
pursuant to Section 65584, throughout the planning period.
(b) No city, county, or city and county shall, by administrative,
quasi-judicial, legislative, or other action, reduce, or require or
permit the reduction of, the residential density for any parcel to,
or allow development of any parcel at, a lower residential density,
as defined in paragraphs (1) and (2) of subdivision (g), unless the
city, county, or city and county makes written findings supported by
substantial evidence of both of the following:
(1) The reduction is consistent with the adopted general plan,
including the housing element.
(2) The remaining sites identified in the housing element are
adequate to accommodate the jurisdiction's share of the regional
housing need pursuant to Section 65584.
(c) If a reduction in residential density for any parcel would
result in the remaining sites in the housing element not being
adequate to accommodate the jurisdiction's share of the regional
housing need pursuant to Section 65584, the jurisdiction may reduce
the density on that parcel if it identifies sufficient additional,
adequate, and available sites with an equal or greater residential
density in the jurisdiction so that there is no net loss of
residential unit capacity.
(d) The requirements of this section shall be in addition to any
other law that may restrict or limit the reduction of residential
density.
(e) This section requires that a city, county, or city and county
be solely responsible for compliance with this section, unless a
project applicant requests in his or her initial application, as
submitted, a density that would result in the remaining sites in the
housing element not being adequate to accommodate the jurisdiction's
share of the regional housing need pursuant to Section 65584. In that
case, the city, county, or city and county may require the project
applicant to comply with this section. The submission of an
application for purposes of this subdivision does not depend on the
application being deemed complete or being accepted by the city,
county, or city and county.
(f) This section shall not be construed to apply to parcels that,
prior to January 1, 2003, were either (1) subject to a development
agreement, or (2) parcels for which an application for a subdivision
map had been submitted.
(g) (1) If the local jurisdiction has adopted a housing element
for the current planning period that is in substantial compliance
with Article 10.6 (commencing with Section 65580) of Chapter 3, for
purposes of this section, "lower residential density" means the
following:
(A) For sites on which the zoning designation permits residential
use and that are identified in the local jurisdiction's housing
element inventory described in paragraph (3) of subdivision (a) of
Section 65583, fewer units on the site than were projected by the
jurisdiction to be accommodated on the site pursuant to subdivision
(c) of Section 65583.2.
(B) For sites that have been or will be rezoned pursuant to the
local jurisdiction's housing element program described in paragraph
(1) of subdivision (c) of Section 65583, fewer units for the site
than were projected to be developed on the site in the housing
element program.
(2) (A) If the local jurisdiction has not adopted a housing
element for the current planning period within 90 days of the
deadline established by Section 65588 or the adopted housing element
is not in substantial compliance with Article 10.6 (commencing with
Section 65580) of Chapter 3 within 180 days of the deadline
established by Section 65588, "lower residential density" means any
of the following:
(i) For residentially zoned sites, a density that is lower than 80
percent of the maximum allowable residential density for that
parcel.
(ii) For sites on which residential and nonresidential uses are
permitted, a use that would result in the development of fewer than
80 percent of the number of residential units that would be allowed
under the maximum residential density for the site.
(B) If the council of governments fails to complete a final
housing need allocation pursuant to the deadlines established by
Section 65584.05, then for purposes of this paragraph, the deadline
pursuant to Section 65588 shall be extended by a time period equal to
the number of days of delay incurred by the council of governments
in completing the final housing need allocation.

65863.4. (a) Prior to noticing a public hearing on a proposed
zoning ordinance or amendment to a zoning ordinance reducing the
density permitted on property authorized for multifamily dwelling
uses, the planning commission and legislative body shall approve a
nonconforming use ordinance for multifamily dwellings that are
involuntarily damaged or destroyed, which may be conditioned on the
approval of an ordinance or amendment to a zoning ordinance reducing
the density permitted on property authorized for multifamily dwelling
uses.
(b) The planning commission and legislative body shall hold a
public hearing on the proposed nonconforming use ordinance. Notice of
the public hearing shall be given pursuant to Section 65090. If this
hearing is held at the same time as a hearing under Section 65353 or
65854, notice for the hearings may be combined.
(c) A nonconforming multifamily dwelling ordinance need not apply
to multifamily dwellings which have been abandoned for a specified
period prior to being involuntarily damaged or destroyed, or to
multifamily dwellings constituting a public nuisance prior to being
involuntarily damaged or destroyed.
(d) For purposes of this section, "multifamily dwelling" means any
structure designed for human habitation that has been divided into
two or more legally created independent living quarters.
(e) This section shall not apply to either of the following:
(1) A city, county, or city and county that has adopted a
nonconforming use ordinance that applies to multifamily dwellings
that are involuntarily damaged or destroyed.
(2) A proposed zoning ordinance or amendment to a zoning ordinance
reducing the density permitted on property authorized for
multifamily dwelling uses, that has been requested by the owner of
the property authorized for multifamily dwelling uses.

65863.5. Whenever the zoning covering a property is changed from
one zone to another or a zoning variance or conditional use permit is
granted with respect to any property, the governing body of the city
or county shall, within 30 days, notify the county assessor of such
action.
Notwithstanding Section 65803, this section shall apply to charter
cities.

65863.6. In carrying out the provisions of this chapter, each
county and city shall consider the efffect of ordinances adopted
pursuant to this chapter on the housing needs of the region in which
the local jurisdiction is situated and balance these needs against
the public service needs of its residents and available fiscal and
environmental resources. Any ordinance adopted pursuant to this
chapter which, by its terms, limits the number of housing units which
may be constructed on an annual basis shall contain findings as to
the public health, safety, and welfare of the city or county to be
promoted by the adoption of the ordinance which justify reducing the
housing opportunities of the region.

65863.7. (a) Prior to the conversion of a mobilehome park to
another use, except pursuant to the Subdivision Map Act (Division 2
(commencing with Section 66410) of Title 7), or prior to closure of a
mobilehome park or cessation of use of the land as a mobilehome
park, the person or entity proposing the change in use shall file a
report on the impact of the conversion, closure, or cessation of use
upon the displaced residents of the mobilehome park to be converted
or closed. In determining the impact of the conversion, closure, or
cessation of use on displaced mobilehome park residents, the report
shall address the availability of adequate replacement housing in
mobilehome parks and relocation costs.
(b) The person proposing the change in use shall provide a copy of
the report to a resident of each mobilehome in the mobilehome park
at least 15 days prior to the hearing, if any, on the impact report
by the advisory agency, or if there is no advisory agency, by the
legislative body.
(c) When the impact report is filed prior to the closure or
cessation of use, the person or entity proposing the change shall
provide a copy of the report to a resident of each mobilehome in the
mobilehome park at the same time as the notice of the change is
provided to the residents pursuant to paragraph (2) of subdivision
(g) of Section 798.56 of the Civil Code.
(d) When the impact report is filed prior to the closure or
cessation of use, the person or entity filing the report or park
resident may request, and shall have a right to, a hearing before the
legislative body on the sufficiency of the report.
(e) The legislative body, or its delegated advisory agency, shall
review the report, prior to any change of use, and may require, as a
condition of the change, the person or entity to take steps to
mitigate any adverse impact of the conversion, closure, or cessation
of use on the ability of displaced mobilehome park residents to find
adequate housing in a mobilehome park. The steps required to be taken
to mitigate shall not exceed the reasonable costs of relocation.
(f) If the closure or cessation of use of a mobilehome park
results from the entry of an order for relief in bankruptcy, the
provisions of this section shall not be applicable.
(g) The legislative body may establish reasonable fees pursuant to
Section 66016 to cover any costs incurred by the local agency in
implementing this section and Section 65863.8. Those fees shall be
paid by the person or entity proposing the change in use.
(h) This section is applicable to charter cities.
(i) This section is applicable when the closure, cessation, or
change of use is the result of a decision by a local governmental
entity or planning agency not to renew a conditional use permit or
zoning variance under which the mobilehome park has operated, or as a
result of any other zoning or planning decision, action, or
inaction. In this case, the local governmental agency is the person
proposing the change in use for the purposes of preparing the impact
report required by this section and is required to take steps to
mitigate the adverse impact of the change as may be required in
subdivision (e).
(j) This section is applicable when the closure, cessation, or
change of use is the result of a decision by an enforcement agency,
as defined in Section 18207 of the Health and Safety Code, to suspend
the permit to operate the mobilehome park.