Appendix D

KEY TO STATE PLANNING STATUTES


KEY TO STATE PLANNING STATUTES

Airports

Airport Approaches Zoning Law. Authorizes cities and counties to regulate uses and heights of structures and trees adjacent to an airport. (Government Code Sections 5048550485.14)

Airport Land Use Commission Law

Requires the creation of an Airport Land Use Commission (ALUC) in each county with one or more airports served by a certied air carrier. Requires the ALUCs to prepare plans for land use around public use airports, and cities and counties to bring their general plans and land use regulations into conformity with these plans. (Public Utilities Code Sections 2167021678)

AlquistPriolo Special Studies Zones Act

Requires cities and counties to adopt procedures for review of development proposals within fault zones designated by the State Geologist. (Public Resources Code Sections 26212630)

Area Planning Commissions

Authorizes cities and counties to create area planning commissions separately or jointly. (Government Code Sections 6510065106)

Bicycle Paths

Authorizes cities and counties to enter into agreements for the acquisition, construction, or maintenance of bikeways. (Streets and Highways Code Section 1712)

California Bikeways Act

Requires cities and counties to comply with safety design criteria and specications prepared by the Department of Transportation. Permits cities and counties to submit plans for bikeways to the department for review. (Streets and Highways Code Sections 23702394)

California Coastal Act of 1976

Provides for the implementation of coastal policies through state regulation and through preparation, adoption, and certication of local coastal programs in each city and county within the Coastal Zone. (Public Resources Code Sections 3000030900)

California Environmental Quality Act (CEQA)

Requires the assessment of projects for environmental effects and establishes procedures for preparing and processing environmental documents. (Public Resources Code Sections 2100021176)

California Land Conservation Act (Williamson Act)

Provides for the creation of agricultural preserves to protect agricultural lands. Includes procedures for preferential tax assessment in exchange for release of development rights. (Government Code Sections 5120051295)

California Timberland Productivity Act

Requires local jurisdictions to adopt a timberland production zoning ordinance and to zone specied land uses for timber production. (Government Code Sections 5110051155)

Capital Facilities Siting

Requires cities and counties to review their capital facilities programs and those of other local jurisdictions and special districts for consistency with general plans. (Government Code Sections 6540165403)

Requires most special district public works projects, including those undertaken by school districts, to comply with local building and zoning ordinances, subject to limited override by the special districts. (Government Code Sections 5309053097)

Coastal Housing

Requires within the coastal zone inclusion of low and moderate income housing in residential developments and replacement housing where existing housing occupied by low or moderate income households is demolished or converted. (Government Code Sections 6559065590.1)

Conservation Easements

California Conservation Easement Act of 1979. Authorizes public agencies and qualifying nonprot organizations to acquire easements limiting use of property in perpetuity to protect its natural, scenic, historical, agricultural, forested, or open space condition. (Civil Code Sections 815816)

CorteseKnox Local Government Reorganization Act

Provides the framework within which proposed city annexations, incorporations, consolida tions, and special district formations are considered. (Government Code Sections 5600057550)

Development Agreements

Authorizes cities and counties to enter into development agreements with private developers specifying the standards and conditions which will apply for the life of a project. (Govern ment Code Sections 6586465869.5)

Flood Plain Regulations

CobeyAlquist Flood Plain Management Act. Provides for state designation and regulation of ood plain areas and requires local government compliance. (Water Code Sections 84008415)

Forest Practice Act of 1973

Establishes policies and procedures for the state regulation of the harvesting of timber on private lands. (Public Resources Code Sections 45114628)

General Plans

Provides for the adoption and administration of local general plans. (Government Code Sections 6530065403)

Geothermal Elements

Provides for the delegation of certain state responsibilities for geothermal development to counties with adopted geothermal elements. (Public Resources Code Sections 3715.5, 25133, and 25540.5)

Highway Interchange Districts

Requires cities and counties to prepare precise plans for mapped highways. Limits the issuance of building permits for structures located within the precise plan area. (Streets and Highways Code Sections 740742)

Housing Authorities

Provides for the creation and administration of housing authorities. Requires the local housing authority in planning and locating any project to take into consideration the relationship of the project to local plans. (Health and Safety Code Sections 3420034380)

Housing Development Approvals

Requires cities and counties to promote the construction of housing through zoning and changes to development permit processing procedures. (Government Code Sections 6591365914)

Housing Elements

Establishes detailed standards and procedures for the content and adoption of housing elements. (Government Code Sections 65580-65589.5)

Integrated Waste Management Act of 1989

Requires counties, in cooperation with cities, to prepare comprehensive integrated waste management plans which impose recycling, composting, and other strategies for reducing the amount of solid waste being deposited in landlls. (Public Resources Code Sections 40000 et seq.)

Interim Ordinances

Authorizes the adoption of an interim ordinance, as an emergency measure, prohibiting any uses which may be in conict with a contemplated general plan, specic plan, or zoning proposal which the legislative body, planning commission or planning department is considering or studying or intends to study within a reasonable time. An interim ordinance, as an emergency measure, may be effective for up to two years. (Government Code Section 65858)

Joint Powers Agreements

Authorizes federal, state, and local governments to enter into agreements to carry out joint activities. (Government Code Sections 65006519)

Municipal Advisory Councils

Authorizes the creation of municipal advisory councils (MACs) to advise county boards of supervisors on local issues, including planning and zoning. (Government Code Section 31010)

Noise Control Act of 1973

Provides a means for effective coordination of state activities in noise control. Establishes the Ofce of Noise Control in order to protect the health and welfare of the public through the development and maintenance of a program on noise control. (Health and Safety Code Sections 4600046080)

OpenSpace Easements

OpenSpace Easement Act of 1974. Authorizes cities and counties to acquire easements limiting the use of property to openspace uses. (Government Code Sections 5107051097)

OpenSpace Lands Act

Denes openspace lands and requires cities and counties to adopt openspace plans and carry out local actions consistent with them. (Government Code Sections 65302(e) and 6556065568)

Requires adoption of openspace zoning consistent with the open-space element. (Govern ment Code Sections 6591065912)

Outdoor Advertising Act

Authorizes cities and counties to enact ordinances, such as land use or zoning ordinances, imposing restrictions on advertising displays adjacent to circulation arteries. (Business and Professions Code Sections 52005231)

Permit Streamlining

Establishes deadlines for state and local agencies to process and approve development permits and environmental documents and requires coordination among regulatory agencies in processing permits. (Government Code Sections 6592065960)

Prezoning

Authorizes cities to prezone property outside their boundaries prior to annexation. (Govern ment Code Section 65859)

Public Records Act

Establishes the right of citizens to inspect the records of state and local agencies and to secure copies at cost. (Government Code Sections 62516265)

Recreational Trails

Requires local jurisdictions preparing an openspace element to consider demands for trailoriented recreation use. (Public Resources Code Section 5076)

Redevelopment

Community Redevelopment Law. Provides for the preparation, adoption, and administra tion of redevelopment plans. Requires the redevelopment plan to be consistent with the general plan. (Health and Safety Code Sections 3300033799)

Residential Density Bonuses

Requires cities and counties to provide a 25 percent density bonus and other incentives to developers who agree to reserve a portion of the units in a residential project for low- or very low-income households or ten percent of the units for lower income households. (Govern ment Code Sections 65913.4 and 65915 et seq.)

Special Studies Zones Act

(See AlquistPriolo Special Studies Zones Act)

Specic Plans

Provides for the adoption and administration of specic plans as a means of systematically implementing the general plan. (Government Code Sections 6545065456)

State Housing Law

Requires local governments to adopt building and housing codes imposing essentially the same standards contained in the various industry codes regulating buildings used for human habitation. (Health and Safety Code Sections 1791017995)

Subdivided Lands Act

Establishes state regulations governing the sale of subdivided lands. (Business and Professions Code Sections 1100011200)

Subdivision Map Act

Establishes procedures for the ling and approval of tentative, nal, and parcel maps. (Government Code Sections 6641066499.37)

Surface Mining and Reclamation Act (SMARA)

Provides for the local regulation of mining operations and the designation, classication, and protection of areas with minerals of statewide or regional signicance. (Public Resources Code Sections 27102793)

Timberland Productivity Act

(See California Timberland Productivity Act)

Urban Development Incentive Act of 1982

Authorizes cities and counties to designate areas for largescale urban development and within these areas to consolidate procedures for development approvals and to require developers to pay part of the costs of providing services. (Health and Safety Code Sections 5600156048)

Wild and Scenic Rivers Act

Provides for the preparation of management plans for designated wild and scenic rivers and requires local governments to exercise their powers consistent with the act. (Public Resources Code Sections 5093.505093.69)

Williamson Act

(See California Land Conservation Act)

Zoning

Establishes minimum standards for the adoption and administration of local zoning regulations. (Government Code Sections 6580065912)