Appendix:
Index of Statutorily Required Findings for Regional and Local Government Land Use Decisions in California

This appendix comprises an alphabetical, cross-referenced index of findings statutes used in land use decisions in California. The statutes are drawn from California Planning Law, Redevelopment Law, Coastal Act, and many other bodies of law, commonly used and obscure alike. This compendium is not a complete list, but includes most of the statutorily required land use findings existing as of January, 1988.

Note to Users: All references, unless otherwise noted, are to the Government Code. Because many individual findings requirements cover more than one subject, cross-references are included.


AGRICULTURAL PRESERVES/WILLIAMSON ACT:

Agricultural land conservation contract cancellations: Section 51282

Agricultural land conservation contract cancellations, alternative use not resulting in discontiguous patterns of urban development: Section 51280.1

Agricultural land conservation contract cancellation fee waiver or extension of time: Section 51283(c)

Agricultural preserve establishment containing less than 100 acres: Section 51230

Rescission agreements for existing Williamson Act contracts in order to execute new contracts on previously uncontracted lands: Section 51256

Subdivision map denial required if legislative body finds that property is subject to a Williamson Act contract and too small to sustain agricultural use: Section 66474.4(a) -- in effect until January 1, 1991

AIR POLLUTION CONTROL DISTRICTS (APCDs)*:

Variances from air pollution control district's contaminant discharge rules: Health and Safety Code Section 42352

AIRPORT LAND USE PLANS AND COMMISSIONS:

Airport Land Use Commission (ALUC) may require a local agency to submit subsequent actions, permits, and regulations for review unless the local agency's general plan or specific plan is revised: Public Utilities Code Section 21676.5(a)

Exemption from requirement to have an ALUC, resolution required with findings that there are no noise, public safety, or land use issues affecting any airport in the county which require the creation of an ALUC: Public Utilities Code Section 21670(b)

Local agency overrule of ALUC's determination that agency's general plan or specific plan is inconsistent with ALUC plan if agency finds that propsed plan is consistent with airport land use planning law's purposes: Public Utilities Code Section 21676(a)

Local agency overrule of ALUC'S determination that agency's proposed airport master plan is inconsistent with ALUC plan if agency finds that proposed modification is consistent with airport land use planning law's purposes: Public Utilities Code Section 21676(c)

Local agency overrule of ALUC's determination that agency's proposed general plan or specific plan amendment, or zoning or building regulation adoption within ALUC boundary is inconsistent with airport land use plan if agency finds that proposed adoption or amendment is consistent with airport land use planning law's purposes: Public Utility Code Section 21676(b)

Proceedings to postpone land use decisions within one mile of county airport boundary: Public Utilities Code Section 21679(b)(2)

CALIFORNIA ENVIRONMENTAL QUALITY ACT --
LAW AND GUIDELINES:

Agency authority, lack of: Title 14, California Administrative Code Section 15091(a)(2)

Certified EIR, use thereof with a residential development or community plan, specified public hearing finding: Public Resources Code Section 21083.3(a)

Combined EIR/EIS, additional time required to prepare: Public Resources Code Section 21083.6

Concurrent jurisdiction with another agency to deal with identified feasible mitigation measures: Title 14, California Administrative Code Section 15091(c)

Economic, social, or other considerations make mitigation measures infeasible: Public Resources Code Section 21081(c)

Exemptions under CEQA, findings setting forth basis for claim thereof: Title 14, California Administrative Code Section 15273(3)

Housing or neighborhood commercial facilities, no EIR or negative declaration required if specified findings made: Public Resources Code Section 21080.7(a)(1)

Housing or neighborhood commercial facilities, no EIR or negative declaration required if Public Resources Code Section 21081 findings made: Public Resources Code Section 21080.7(a)(2)

Mitigation measures: Public Resources Code Section 21081(a)

Project alterations within the jurisdiction of another public agency: Public Resources Code Section 21081(b)

Project approval, when project requires an EIR identifying significant effects, findings required prior to approval: Title 14, California Administrative Code Section 15091(a)

Project change and infeasibility: Title 14, California Administrative Code Section 15091(a)(1)

Project's significant effects, findings of: Public Resources Code Sections 21081(a)-(c)

Rates, tolls, fares, and charges, CEQA inapplicable to establishment thereof if public agency makes specified findings: Title 14, California Administrative Code Sections 15273(a)(1)-(5)

Responsible agency to make findings for each significant effect: Title 14, California Administrative Code Section 15096(h)

Special economic, social, or other considerations rendering final EIR mitigation measures infeasible: Title 14, California Administrative Code Section 15091(c)

Statement of overriding considerations: Title 14, California Administrative Code Section 15093(b)

Substantial evidence in the record must support EIR findings: Title 14, California Administrative Code Section 15091(b) and Public Resources Code Section 21081.5

Supplemental EIR findings for each significant effect shown in previous EIR: Title 14, California Administrative Code Section 15163(e)

Tiered EIR, use thereof by lead agencies to examine impacts of a subsequent project under certain circumstances upon making specified findings: Public Resources Code Section 21094(b)

CAPITAL IMPROVEMENT PROGRAMS:

Districts or local agencies prevented from carrying out their capital improvement programs if the planning agency finds inconsistency with the applicable general plan, its elements, or any specific plans; but district or local agency may overrule the finding: Section 65403(c)

Local public works project consistency with adopted specific plan: Section 65455

COASTAL PLANNING AND DEVELOPMENT:

NOTE: Even though local decision making bodies have no responsibility for making most of the findings listed in this section, they are included for informational purposes.

Adoption of written findings required by Public Resources Code Sections 30512, 30512.1, 30512.2, and 30513 within 60 days of decision: Public Resources Code Section 30514.1

Alternative local coastal program submission and process, if commission finds that areas proposed for separate review can be analyzed for potential cumulative impacts of development on coastal resources, et al: Public Resources Code Section 30511(c)

Coastal development permit, if sought prior to local coastal program certification, finding of conformity with coastal resources planning and management policies: Public Resources Code Section 30604(a)

Coastal development permit, finding of conformity, on appeal, with certified local coastal program: Public Resources Code Section 30604(b)

Coastal development permit denial on specified grounds, finding setting forth basis: Public Resources Code Section 30604(a)

Coastal development permits for single family residences on vacant lots: Public Resources Code Section 30610.1

Coastal zone replacement housing/lower and moderate income housing: Section 65590 (NOTE: This finding is the only one in this group that is required of local governments.)

Combined Long Range Development Plans (LRDP) for educational facilities within the coastal zone -- Commission may direct governing authority to prepare and submit a separate LRDP if it finds that a combined LRDP for several facilities would unduly hinder public participation in its preparation or review: Title 14, California Administrative Code Section 13510

Development within certified port master plan area if project conforms to the certified master plan: Public Resources Code Section 30715.5

Emergency work, executive director's approval of permit for: Title 14, California Administrative Code Section 13142 (See also Public Resources Code Sections 30333 and 30624)

Identified policy conflicts, findings setting forth basis for their resolution: Public Resources Code Section 30200(b)

Local coastal program, mandatory adoption by Commission upon finding of conformity with coastal resources planning and management policies (Public Resources Code Sections 30200 et seq.): Public Resources Code Section 30512(c)

Local coastal program's land use plan adoption by Commission, findings to support decision: Public Resources Code Section 30512(a)

Permit applications, Commission decisions thereon to be accompanied by written findings of consistency with California Coastal Act and California Environmental Quality Act (CEQA): Title 14, California Administrative Code Section 13096 (See also Public Resources Code Section 30333)

Permit revocation, Commission findings for: Title 14, California Administrative Code Section 13108 (See also Public Resources Code Section 30333)

Port master plan adoption or certification findings: Public Resources Code Section 30714

Refinery or petrochemical facility, new or expanded, not otherwise permitted: Public Resources Code Section 30263(a)

Refusal to certify land use plan, findings for: Public Resources Code Section 30512.1(c)

Rejection of local zoning ordinance, zone map or other implementation program by Commission, written notice of nonconformity: Public Resources Code Section 30513

Thermal power plant or transmission line site certification within the coastal zone, findings for: Public Resources Code Section 30413(d)

CONDOMINIUM, COMMUNITY APARTMENT, OR STOCK COOPERATIVE CONVERSIONS:

Conversion approval findings: Section 66427.1

Conversions to condominiums or stock cooperatives, inapplicability of findings specified by Sections 66473.5, 66474, and 67474.61 except as noted: Section 66427.2

Decisions on appealed condominium conversion applications: Sections 66452.5(b) and (d)

Declaration of findings within seven days of hearing's conclusion: Section 66452.5(d)
Tenants, written notification to: Sections 66427.1(a)-(d)

DEVELOPMENT DECISIONS, MISCELLANEOUS:

Board of Supervisors authorization to finance construction of sanitary sewer, storm sewer, or drainage improvements extending beyond current project's service area: Section 23010.3

Bridge construction fees, new proceedings for: Section 66484(f)

Building permits or equivalent permits approved with conditions that could have been imposed as tentative tract or parcel map conditions: Section 65961

Building regulation adoption within Airport Land Use Plan boundary: see AIRPORT LAND USE PLANS AND COMMISSIONS

Consistency of building permit, subdivision map and open space zoning ordinance with open space plan: Section 65567

Covenant of easement, release thereof, upon determination that jurisdiction no longer needs the property restriction to achieve land use goals: Section 65874(b)

Development Agreements: Drainage facility cost calculations based on findings: Section 66483(d)

Energy Commission project siting within San Francisco Bay Area Conservation and Development Commission's jurisdiction, consistency findings: Section 66645(d)

Fees established as a condition of approval for a development project, local agency findings once each fiscal year with respect to any portion of the fee remaining unexpended or uncommitted: Section 66001(d)

Housing development project disapproval: Section 65589.5

Interim authorization for fee as an urgency measure: Section 65962(c)

Interim ordinances, finding required for adoption or extension: Section 65858(c)

Interim school facilities to be constructed from fees or land dedicated, consistency with general plan: Section 65974(a)(5)

Local building code variances: See State Building Standards Code entry in this section below

Prohibition on issuing permit to develop property excluded from Subdivision Map unless agency finds reasonable public access to shoreline, lake, or reservoir: Section 66478.13

Residential rezoning or discretionary permit approval required finding in area where school overcrowding exists: See SCHOOL FACILITIES AND SCHOOL BOARDS

State Building Standards Code, local modifications, finding of necessity due to local climatic, geological or topographic conditions: Health and Safety Code Section 17958.7

Surplus highway land retention or transfer to another local agency for public park and recreational purposes if land no longer necessary for highway purposes: Section 54231

Suspension of residential project approval pending withdrawal of protest of fees, dedications, reservations or other exactions, local agency findings that public improvements needed are attributable to proposed development: Government Code Section 66008(c)

ENERGY COMMISSION FINDINGS ON LAND USE DECISIONS HAVING LOCAL IMPACTS:

NOTE: Even though local decision making bodies have no responsibility for making most of the findings listed in this section, they are included for informational purposes.

Commission findings and conclusions, finality thereof: Public Resources Code Section 25531(a)

Determination of infeasible techniques for the control of daily and seasonal peakload: Public Resources Code Section 25403.5(3)

Geothermal sites, sufficient commercial quantities of geothermal resources to operate facility for planned life: Public Resources Code Section 25523(g)

High level nuclear waste disposal, plant certification: Public Resources Code Sections 25524.2(a) and (b)

Nuclear fuel rod reprocessing and storage, plant certification: Public Resources Code Section 25524.1

Power facility site and related facilities' conformity with Commission standards: Public Resources Code Section 25523(d)

Power facility conformity with 12-year forecast of statewide and service area electric power demands: Public Resources Code Section 25523(f)

Refinery or petrochemical facility expansion in Coastal Zone: See COASTAL PLANNING AND DEVELOPMENT

San Francisco Bay Area Conservation and Development Commission, Energy Commission projects therein: See DEVELOPMENT DECISIONS, MISCELLANEOUS

Site approval, findings necessary for: Public Resources Code Sections 25526(a) and (b)

Waiver of development rights: Public Resources Code Section 25528

FLOODPLAIN REGULATIONS:

Floodplain regulations, determination of inadequacy: Water Code Section 8413

GENERAL PLANS:

Adoption of plans or plan elements that limit the number of housing units that may be constructed annually: Section 65302.8

Capital improvement programs adopted or revised by special districts, school districts, or agencies created by joint powers agreements; consistency with applicable general plan: See CAPITAL IMPROVEMENT PROGRAMS

Condominium or stock cooperative conversions, findings specified by Sections 66473.5, 66474, and 66474.61 are inapplicable except as noted: See CONDOMINIUM, COMMUNITY APARTMENT, OR STOCK COOPERATIVE CONVERSIONS

Consistency of open space zoning ordinance, building permit, and subdivision maps with open space plan: Section 65567

General plan amendments -- future uses and access routes thereof - findings of compatibility or incompatibility with the continuation of surface mining operations: Public Resources Code Section 2764(b)

General plan amendments within the Airport Land Use Plan boundary: See AIRPORT LAND USE PLANS AND COMMISSIONS

General plan extensions, findings by legislative body after public hearing: Sections 65361(a)(1)-(6) and 65361(b)(1)

Interim classroom facilities provided by dedication or fee as a condition of approval, consistency with the general plan: Section 65974(a)(5)

Mineral resources management decisions: See SURFACE MINING AND RECLAMATION ACT

New city's land use decisions prior to adoption of general plan: Section 65360(b)

Open space plan, consistency therewith of building permits, subdivision maps, and open space zoning ordinance: Section 65567

Open space land acquisition, disposition, or regulation thereof, consistency with the open space plan: Section 65566

Solid waste disposal site or site expansion's consistency with the local general plan: Section 66780.2

Tentative map or parcel map consistency, including design and improvements, with the general plan: Section 66473.5

HAZARDOUS WASTE MANAGEMENT DECISIONS:

Removal of designation as hazardous waste property or border zone property: Health and Safety Code Section 25234

Surface impoundment closure exemptions, findings: Health and Safety Code Sections 25208.4(b)(1)-(3)

Variances for hazardous waste property or border zone property determinations: Health and Safety Code Section 25233

HOUSING PLANNING AND DEVELOPMENT DECISIONS:

Coastal zone replacement housing/lower and moderate income housing: Section 65590

General plans or elements limiting the number of housing units to be constructed annually: Section 65302.8

Housing development project disapproval: Section 65589.5

Moratorium on residential construction for a set period of time to preserve and protect public health and safety, findings for: Section 65584(d)(2)

Residential rezoning or discretionary permit approval, required findings in areas where school overcrowding exists: Section 65972

Second dwelling units: Variances from housing standards: Health and Safety Code Sections 17922 and 17959.5

Zoning ordinances limiting the number of housing units to be constructed annually: Section 65863.6

LAFCO DECISION FINDINGS:

Annexation, organization, or reorganization criteria: Sections 56375(a) and (d)

Cities in Santa Clara County, findings for adoption of resolution to approve a reorganization initiated by city council: Section 56826(b)(1)-(7)

Consistency of determinations made under Sections 56375(a), (o), and (p) with affected local agencies' spheres of influence: Section 56375.5

Cost reimbursement waiver: Section 56428

Elections for district consolidation or reorganization: Sections 57081(b)(1) and (2)

Island annexations, waiver of application of Section 25210.90: Section 56375(p)

Island annexations, waiver of Section 56109 restrictions: Section 56375(o)

Island annexations without election: Section 56375(d)

LAFCO decision approval consistency with sphere of influence: Section 56426

LAFCO determinations not requiring notice and hearing: Section 56836(a)

LAFCO findings required prior to determining that applicant for change of organization is not a district or special district: Section 56128(a)

Organization or reorganization election termination, waiting period waiver: Section 57090

Proposal's reasonable probability of consistency with sphere of influence being prepared, finding thereof required prior to approval: Section 56426(b)

Spheres of influence -- written statement of determinations: Sections 56425(a)(1)-(4)

(Note: Some doubt exists whether certain of the above noted laws still constitute findings requirements, inasmuch as two 1984 laws and a 1985 LAFCO law consolidation changed the requirements from "findings" to "determinations." The basic question is whether a statutorily required "determination" is equivalent to a required "finding." Absent any definitive case law, legal observers advise decision making bodies to take a cautious approach by treating determinations with the same care as they do findings. Some determinations are listed above.)

MOBILEHOME PARK CONVERSIONS:

Application approval, conditional approval, or denial; findings for: Section 66427.4(b)

Infeasibility of measures to mitigate conversion's significant adverse impact on displaced mobilehome park residents: Section 66427.4(d)

OPEN SPACE EASEMENTS:

Easement abandonment (at local decision making body's discretion): Section 51061

Easement abandonment petitioned by landowner: Section 51093

Easement approval by legislative body: Sections 51056 and 51084

PRIVATE UTILITY SERVICE CONDEMNATION:

Private utility service condemnation: Civil Code Section 1001 and Code of Civil Procedure Section 1245.340

PUBLIC FACILITIES/INFRASTRUCTURE FINANCE (FROM THE MELLO-ROOS COMMUNITY FACILITIES ACT):

Ad valorem property tax adjustments in a community facilities district, specified findings: Sections 53313.6(a) and (b)

Community facilities district creation, sufficiency of filing fee to conduct proceedings: Section 53318(d)

Developer fees, charges, dedications, or other requirements levied by school district upon any greenhouse or other enclosure for agricultural purposes: Sections 53080.15(b)(1) and (2)

Hearing completion within 30 days, exception thereto and required finding: Section 53325

Hearings to consider protests, continuances thereof, findings: Section 53338

Petition for proceedings to establish community facilities district, legislative body's finding regarding requisite number of signatures: Section 53319(d)

Resolution of district formation, finding of validity thereof: Section 53325.1(b)

Resolution of intention to annex territory, determinations: Section 53339.2

PUBLIC UTILITIES

Electric transmission and distribution lines of municipal utility districts, local government finding of consistency with the general plan: Public Utilities Code Section 12808.5

REDEVELOPMENT AGENCY DECISIONS:

Low and Moderate Income Housing Fund, tax allocation deposits into: Health and Safety Code Section 33334.6(c)

Low and moderate income housing supply, minimum of 20 percent tax allocation to be used for community's supply thereof, unless agency makes specified findings: Health and Safety Code Section 33334.2(a)

Ordinance adopting redevelopment plan; findings of blight, general plan conformity, etc.: Health and Safety Code Section 33367(d)

Property and school taxes, payments in lieu of: findings of financial burden or detriment to the taxing agency: Health and Safety Code Section 33401

Resolution designating redevelopment survey areas, finding of feasibility study requirement: Health and Safety Code Section 33312(a)

Street, sidewalk, utility, or other improvements needed to carry out the purposes of redevelopment plan, findings for: Health and Safety Code Section 33421.1

SCHOOL FACILITIES AND SCHOOL BOARDS:

Fee, charge, or dedication for school facility construction or reconstruction, limits thereon, findings regarding location and amount of land to be dedicated or amount of fees to be paid: Section 65995(b)(2)

Fee, charge, or dedication by school district upon greenhouse or other enclosed space, findings of reasonable relationship: Section 53080.15

Interim classroom facilities provided by dedication or fee as a condition of approval, finding of consistency with the general plan: Section 65974(a)(5)

Overcrowding and subsequent school board notification of local governing bodies about such conditions: Section 65971

Overcrowding, determination thereof after receipt of apportionment under the State School Building Lease-Purchase Law of 1976, Education Code Sections 17700 et seq: Sections 65979(a)(1) and (2)

Residential rezoning or discretional permit approval, findings required in area where overcrowding exists: Section 65972

School board decision to render a local zoning ordinance inapplicable, substantial evidence required: Section 53096(b)

SOLID WASTE MANAGEMENT PLANS:

Removal of tentatively designated site or site expansion from plan: Section 66780.2(d)(1)

Site or site expansion's consistency with general plan: Sections 66796.41(a) and (b)

SPECIFIC PLANS:

Capital improvement programs adopted or revised by special districts, school districts, or agencies created by joint powers agreements, consistency with applicable specific plan: See CAPITAL IMPROVEMENT PROGRAMS

Condominium or stock cooperative conversions, findings specified by Sections 66473.5, 66474, and 66474.61 are inapplicable except as noted: See CONDOMINIUM, COMMUNITY APARTMENT, OR STOCK COOPERATIVE CONVERSIONS

Development agreement consistency with applicable specific plans: See DEVELOPMENT DECISIONS, MISCELLANEOUS

Final subdivision map approval for a land project is prohibited unless the local agency finds the proposal consistent with the applicable specific plan for the area: Section 66474.5

Local public works project consistency with adopted specific plans: Section 65455

Specific plan amendments within the Airport Land Use Plan boundary: See AIRPORT LAND USE PLANS AND COMMISSIONS

Surface mining operations, findings of compatibility or incompatibility of specific plan's proposed uses and access routes with: See SURFACE MINING AND RECLAMATION ACT

Tentative tract or parcel map for which no tentative map required; legislative body may not approve map unless consistent with applicable adopted specific plan: Sections 66473.5 and 65455

Tentative tract or parcel map for which no tentative map required; legislative body shall deny if it finds it inconsistent with applicable specific plans: Section 66474(b)

Tentative map or parcel map for which no tentative map is required, cities with populations exceeding 2,800,000: advisory agency, appeal board or legislative body shall deny if it finds map, including design or improvements, inconsistent with applicable specific plans: Section 66474.61

SUBDIVISION MAP ACT:

Alternative reasonable public access to navigable waters, finding of: See the Public Access entries in this section

Bridge or major thoroughfare fees, local ordinance requiring fees for construction thereof, majority protest against portion of improvement: Section 66484(c)

Building permits or equivalent permits approved with conditions that could have been imposed as tentative tract or parcel map conditions: Sections 65961(a)(1) and (2)

Cities with populations 2,000,000 or more; final map denial prohibited unless finding of substantial compliance with previously approved tentative map and its conditions: Section 66474.62

Cities with populations 2,000,000 or more; tentative map denial required if findings made: Sections 66474.61(a)-(g)

Condo conversions: See CONDOMINIUM, COMMUNITY APARTMENTS, OR STOCK COOPERATIVE CONVERSIONS

Consistency of subdivision maps, building permits, and open space zoning ordinance with open space plan: See GENERAL PLANS

Denial of map for failure to perform conditions approval; findings to identify such conditions: Section 66473

Denial of map permitted if legislative body finds proposed waste discharge would violate regional water quality control board's requirements: Section 66474.6

Denial of map permitted if legislative body finds proposed waste discharge would violate regional water quality control board's requirements (cities with population 2,800,000): Section 66474.63

Denial of map prohibited if legislative body finds substantial compliance with previously approved tentative map: Section 66474.1

Denial of map required if legislative body finds that property is subject to a Williamson Act contract and too small to sustain agricultural use: See AGRICULTURAL PRESERVES/WILLIAMSON ACT

Denial of map required if legislative body makes certain findings (also known as 'blocking findings'): Section 66474

Development permit on subdivided property cannot be granted if approval is contrary to public health or safety: Section 66499.34

Drainage facility fees, local ordinance requiring fees for construction thereof, costs for which are based on findings: Section 66483(d)

Easements along waterways: Section 66478.5

Final map modification upon finding that changes in circumstances make conditions of approval unnecessary or inappropriate: Section 66472.1

Final map modification upon local agency finding that modifications conform to Section 66474's provisions: Section 66472.1

Final map approval prohibition if certain findings made: Section 66474

Final subdivision map approval for a land project is prohibited unless local agency finds proposal consistent with the area's specific plan: See SPECIFIC PLANS

Groundwater recharge fee; new proceedings may be commenced for portion of improvement protested if legislative body finds, by 4/5 vote, that owners of more than half of the area to be benefited are in favor: Section 66484.5(c)

Housing needs of region to be considered and balanced against public services needs of residents and available fiscal and environmental resources: Section 66412.3

Local agency requirement of construction within a reasonable time after parcel map approval but before building permit approval: Section 66411.1

Local agency's temporary employment of private entity to perform services necessary to meet improvement tentative, parcel, or final map time limits: Section 66456.2(c)

Mobilehome park conversions, finding of sufficient space in other mobilehome parks for displaced residents: Section 66427.4(b) - in effect until January 1, 1989

Mobilehome park conversions, finding that mitigation is infeasible: Section 66427.4(d) - in effect until January 1, 1989

Newly incorporated city's conditions upon or denial of a permit, map approval, or map extension: Government Code Section 66413.5(c)

Orange County, bridge and major thoroughfare fees as final map or building permit conditions, majority protest against portion of improvement - legislative body may commence new proceedings within one year upon finding that owners of more than half the area to be benefited are in favor of proceeding: Section 66484.3(b)(6)

Parcel map, waiver of compliance with local design and improvement requirements, findings: Section 66428

Passive or natural heating and cooling opportunities in design to be considered: Section 66473.1

Public access to coastline or shoreline available within a reasonable distance from the subdivision; finding to be set forth on face of tentative or final map: Section 66478.11(d)

Public access (reasonable) from public highways to rivers or streambanks bordering or within a subdivision: Section 66478.4

Public access (reasonable) from public highways to land below ordinary high-water mark of any ocean coastline, bay shoreline, or lake or reservoir water; when property larger than 40 acres and created before December 31, 1969 is excluded from Map Act and fronts on coastline or shoreline: Section 66478.13

Public access (reasonable alternative) to public natural resources: Section 66478.8

Public utility or right-of-way, free and complete exercise thereof by tentative map approval: Section 66436(a)(3)(A)(i)

Public utility or right-of-way, interference therewith by tentative map approval: Section 66436(a)(3)(A)(vi)

Remainder parcel development, local agency construction requirements in absence of agreement: Section 66424.6(b)

Residential rezoning or discretional permit approval required findings in area where overcrowding exists: Section 65972

Reversion to acreage findings: Section 66499.16

Tentative map or parcel map for which no tentative map required; legislative body may not approve map unless it finds subdivision, together with its design and improvement provisions, is consistent with applicable specific plans: See SPECIFIC PLANS

Tentative map or parcel map for which no tentative map required; legislative body shall deny approval of map if it finds the map, its design or improvement inconsistent with applicable specific plans: See SPECIFIC PLANS

Tentative map or parcel map for which no tentative map required; cities exceeding 2,800,000; advisory agency, appeal board or legislative body shall deny approval of the map if it finds map or the subdivision design or improvement is inconsistent with applicable specific plans: See SPECIFIC PLANS

Vesting tentative map, local determinations for denying a permit, extension, or entitlement: Section 66498.1(c)

Williamson Act contract, tentative map approval permitted on land under contract only under certain circumstances: See AGRICULTURAL PRESERVES/WILLIAMSON ACT

SURFACE MINING AND RECLAMATION ACT:

Surface mining operations, findings of compatibility or incompatibility of specific plan's proposed uses and access routes therewith: Public Resources Code Section 2764(b)

TIMBERLAND PRODUCTION FINDINGS (TIMBER YIELD TAX LAW, TIMBERLAND PRODUCTIVITY ACT, AND FOREST TAXATION REFORM ACT):

Contract cancellation fee waiver findings: Section 51283(c)

Exclusion of parcels from timberland production zoning, basis for: Section 51112

Immediate rezoning of timberland production land when eminent domain or condemnation proceedings are filed: Section 51155

Rezoning when a timberland conversion application is not required, findings for: Section 51134

Tentative rezoning approval if application for timberland conversion is required: Section 51133, see also Public Resources Code Section 4621.2

Zone conversion: Sections 51134(a) and (b)

Zone establishment: Section 51230

TRANSPORTATION DEVELOPMENT ACT/CIRCULATION PLANNING FINDINGS:

Road right-of-way: Transportation Development Act claims: ZONING:

Acquisition, disposal and regulation of open space land, consistency of: Section 65566

Beer and wine sales concurrently with motor vehicle fuel, use permit findings: Business and Professions Code Section 23790.5(c)(1)

Exclusion of parcels from timberland production zoning, basis for: See TIMBERLAND PRODUCTION FINDINGS

Interim zoning ordinances, subdivision, land use permit, variance ordinances, findings required for adoption or extension thereof: Section 65858

On-premises advertising displays - damage claims for - legislative body finding that property damage was caused by public employee negligence in connection with nuisance abatement: Business and Professions Code Section 5499.15

Open space variances: Section 65911

Open space zoning ordinance, building permits, and subdivision map consistency with open space plan: Section 65567

Ordinances limiting the number of housing units to be constructed annually: Section 65863.6

Residential rezoning or discretionary permit approval required findings in area where overcrowding exists: See SCHOOL FACILITIES AND SCHOOL BOARDS

School board decision to render a local zoning ordinance inapplicable, substantial evidence required: See SCHOOL FACILITIES AND SCHOOL BOARDS

Tentative rezoning approval if application for timberland conversion is required: See TIMBERLAND PRODUCTION

Variances from parking requirements: Section 65906.5

Variances from zoning ordinance standards: Section 65906

Zoning ordinance adoption within the Airport Land Use Plan boundary: See AIRPORT LAND USE PLANS AND COMMISSIONS

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Prepared by:
State of California
Governor's Office of Planning and Research
1400 Tenth Street
Sacramento, CA 95814
916-322-2318