SECTIONS 65919-65919.11 - California Statutes

GOVERNMENT CODE

SECTION 65919-65919.11

65919. As used in this chapter, the following terms have the
following meanings:
(a) "Affected city" means a city within whose planning review area
an affected territory is located.
(b) "Affected territory" means an area of land located in the
unincorporated portion of a county that is the subject of one or more
proposed actions.
(c) "Proposed action" means a proposal to adopt or amend all or
part of a general or specific plan or to adopt or amend a zoning
ordinance, but does not include action taken by an ordinance that
became effective immediately pursuant to subdivision (b) or (d) of
Section 25123 or pursuant to Section 65858.
(d) "Planning review area" means the territory included in a
general plan or in any specific plan of a city or county. A planning
review area in the case of a city shall not extend beyond whichever
of the following includes the largest area and, in the case of a
county, shall not extend beyond the territory described in paragraph
(2) or (3), whichever includes the largest area:
(1) The area included within the sphere of influence of the city.
(2) A radius of one mile outside the boundary of the city which
area shall not include any territory within the sphere of influence
of another city.
(3) An area that is agreed upon and designated by a county and a
city within the county.

65919.1. A county and a city may agree upon a procedure for
referral by the county to the city or by the city to the county of
proposed actions and for comment upon those proposals. In the absence
of that agreement, the procedures prescribed by this chapter shall
be followed.

65919.2. A city which desires referrals from a county or a county
which desires referrals from a city pursuant to this chapter shall
file with the county or the city, as the case may be, a map or other
appropriate document which indicates the portion of the county or the
city, as the case may be, in its planning review area.

65919.3. Except as otherwise provided in Section 65919.10, before
the board of supervisors acts on a proposed action, the county shall
refer the proposed action to each affected city, and before the city
council acts on a proposed action, the city shall refer the proposed
action to the county, in accordance with the procedure set forth in
Sections 65919.4 and 65919.5.

65919.4. (a) Not later than the date the county notices the public
hearing on a proposed action before the county planning commission,
the county shall notify an affected city of the nature of the
proposed action.
(b) Not later than the date the city notices the public hearing on
a proposed action before the city planning commission, the city
shall notify the county of the nature of the proposed action.
(c) The information in the notification shall not be less than the
information contained in the notice of public hearing. The
notification required by this section and by Section 65919.8 shall be
given by first-class mail or by hand delivery. The notice shall also
indicate the earliest date on which the board of supervisors or city
council, as the case may be, can act on the proposed action or the
modification to the proposed action.

65919.5. The board of supervisors or city council to which the
proposed action is referred pursuant to Section 65919.3 shall have 45
days from the date the county or city, as the case may be, mails or
delivers the proposed action, or such longer time as the county or
city, as the case may be, specifies or allows at the request of the
affected city or county, as the case may be, to review and to comment
and to make recommendations on the consistency of the proposed
action with applicable general and specific plans and zoning
ordinances of the affected city or county. If the affected city or
county does not provide the comments and recommendations to the
referring county or city within the 45-day period, or such longer
time as the referring county or city has specified or allowed at the
request of the affected city or county, the board of supervisors or
city council may act without considering those comments.
If the affected city or county provides the comments and
recommendations prior to the time that the planning commission acts
on the proposed action, the planning commission shall also consider
the comments and recommendations.

65919.6. Before acting upon a proposed action, the county shall
consider comments and recommendations received from each affected
city and the city shall consider comments and recommendations
received from the county.

65919.7. If the board of supervisors or city council modifies and
refers a proposed action back to the planning commission pursuant to
Section 65356 or 65857, the board of supervisors or city council, as
the case may be, shall at the same time refer the modification to the
proposed action to each affected city or county in accordance with
Sections 65919.8 and 65919.9.

65919.8. The referral shall reasonably describe the modification to
the proposed action. Any city or county to which the modification is
referred shall have 25 days from the date of the referral, or such
longer time as the referring county or city specifies or allows at
the request of the affected city or county, to review and to comment
and to make recommendations on the consistency of the proposed action
with applicable general and specific plans and zoning ordinances of
the affected city or county. If the affected city or county does not
provide the comments and recommendations to the referring county or
city within the 25-day period, or such longer time as the referring
county or city has specified or allowed at the request of the
affected city or county, the board of supervisors or city council may
act without considering those comments.
If the affected city or county provides the comments and
recommendations prior to the time that the planning commission acts
on the proposed action, the planning commission shall also consider
the comments and recommendations.
If the planning commission fails to act, the modification may
become effective pursuant to Section 65356 or 65857, without
consideration of the comments and recommendations.

65919.9. Prior to acting on the modification, the board of
supervisors shall consider the comments and recommendations received
from each affected city and the city council shall consider the
comments and recommendations from the county.

65919.10. If the proposed action is a change in a zoning ordinance,
the county or city need not refer the zoning proposal to an affected
city or county, as the case may be, if the zoning proposal is
consistent with the general plan and the general plan proposal was
referred and acted upon pursuant to Sections 65919.4 to 65919.9,
inclusive, as applicable.

65919.11. Failure to comply with the procedural requirements of
this chapter shall not affect the validity of any proposed action.