California Government Code Sections 65000 - 65010
65000. This title may be cited as the Planning and Zoning Law.
(Added by Stats. 1967, Ch. 123.)
65001. The definitions and general provisions contained in this article govern the construction of this title unless the context otherwise requires.
(Amended by Stats. 1956 (Ex. Sess.), Ch. 33.)
65002. "Street" includes street, highway, freeway, expressway, avenue, boulevard, parkway, road, lane, walk, alley, viaduct, subway, tunnel, bridge, public easement and right-of-way, and other ways.
(Amended by Stats. 1965, Ch. 1880.)
65003. "Right-of-way" means any public or private right-of-way and includes any area required for public use pursuant to any general plan or specific plan.
(Amended by Stats. 1965, Ch. 1880.)
65006. Chapters 1, 2, and 3 of this title are a continuation of the Conservation and Planning Act and any acts lawfully performed pursuant to such act or its predecessors, including but not limited to the adoption of master and official or precise plans and the creation of planning commissions, are continued in effect and deemed to fulfill the requirements of Chapters 1, 2, and 3 of this title.
(Amended by Stats. 1956 (Ex. Sess.), Ch. 33.)
65007. (Repealed by Stats. 1984, Ch. 690.)
65008. (a) Any action pursuant to this title by any city, county, city and county, or other local governmental agency in this state is null and void if it denies to any individual or group of individuals the enjoyment of residence, landownership, tenancy, or any other land use in this state because of any of the following reasons:
(1) The race, sex, color, religion, ethnicity, national origin, ancestry, lawful occupation, or age of the individuals or group of individuals.
(2) The method of financing of any residential development of the individual or group of individuals.
(3) The intended occupancy of any residential development by persons or families of low, moderate, or middle income.
(b) No city, county, city and county, or other local governmental agency shall, in the enactment or administration of ordinances pursuant to this title, prohibit or discriminate against any residential development or emergency shelter because of the method of financing or the race, sex, color, religion, ethnicity, national origin, ancestry, lawful occupation, or age of the owners or intended occupants of the residential development or emergency shelter.
(c) (1) No city, county, city and county, or other local governmental agency shall, in the enactment or administration of ordinances pursuant to this title, prohibit or discriminate against a residential development or emergency shelter because the development or shelter is intended for occupancy by persons and families of low and moderate income, as defined in Section 50093 of the Health and Safety Code, or persons and families of middle income.
(2) For the purposes of this section, "persons and families of middle income" means persons and families whose income does not exceed 150 percent of the median income for the county in which the persons or families reside.
(d) (1) No city, county, city and county, or other local governmental agency may impose different requirements on a residential development or emergency shelter which is subsidized, financed, insured, or otherwise assisted by the federal or state governments or by a local public entity, as defined in Section 50079 of the Health and Safety Code, than those imposed on nonassisted developments, except as provided in subdivision (e).
(2) No city, county, city and county, or other local governmental agency may, because of the race, sex, color, religion, ethnicity, national origin, ancestry, lawful occupation, or age of the intended occupants, or because the development is intended for occupancy by persons and families of low, moderate, middle income, impose different requirements on these residential developments than those imposed on developments generally, except as provided in subdivision (e).
(e) Notwithstanding the above, nothing in this section or this title shall be construed to prohibit *** either of the following:
(5) The County of Riverside from enacting and enforcing zoning to provide housing for older persons, in accordance with state or federal law, if that zoning was enacted prior to January 1, 1995.
(6) Any city, county, or city and county from extending preferential treatment to residential developments or emergency shelters assisted by the federal or state governments or by a local public entity, as defined in Section 50079 of the Health and Safety Code, or other residential developments or emergency shelters intended for occupancy by persons and families of low and moderate income, as defined in Section 50093 of the Health and Safety Code, or persons and families of middle income, or agricultural employees, as defined in subdivision (b) of Section 1140.4 of the Labor Code, and their families. This preferential treatment may include, but need not be limited to, reduction or waiver of fees or changes in architectural requirements, site development and property line requirements, building setback requirements, or vehicle parking requirements which reduce development costs of these developments.
(f) "Residential development," as used in this section, means a single family residence or a multifamily residence, including manufactured homes, as defined in Section 18007 of the Health and Safety Code.
(g) This section shall apply to chartered cities.
(h) The Legislature finds and declares that discriminatory practices which inhibit the development of housing for persons and families of low, moderate, and middle income, or emergency shelters for the homeless, are a matter of statewide concern.
(Amended by Stats. 1984, Ch. 1691. Effective October 1, 1984; Amended by Stats. 1986, Ch. 639. Effective September 2, 1986; Amended by Stats. 1992, Ch. 1298; Amended by Stats. 1994, Ch. 896; Amended by Stats. 1996, Ch. 295.)
Note: Stats. 1984, Ch. 1691, also reads:
SEC. 1. The Legislature finds and declares that because of economic, physical, and mental conditions that are beyond their control, thousands of individuals and families in California are homeless. Churches, local governments, and nonprofit organizations providing assistance to the homeless have been overwhelmed by a new class of homeless: families with children, individuals with employable skills, and formerly middle-class families and individuals with long work histories.
The programs provided by the state, local, and federal governments, and by private institutions, have been unable to meet existing needs and further action is necessary. The Legislature finds and declares that two levels of housing assistance are needed: an emergency fund to supplement temporary shelter programs, and a fund to facilitate the preservation of existing housing and the creation of new housing units affordable to very low income households. It is in the public interest for the State of California to provide this assistance.
The Legislature further finds and declares that there is a need for more information on the numbers of homeless and the causes of homelessness, and for systematic exploration of more comprehensive solutions to the problem. Both local and state government have a role to play in identifying, understanding, and devising solutions to the problem of homelessness.
Note: Stats. 1992, Ch. 1298 also reads:
SEC. 1. This act shall be known, and may be cited, as the Employee Housing Protection Act of 1992.
SEC. 2. The Legislature finds and declares all of the following:
(a) There has been a significant reduction in the number and quality of housing units available for permanent and seasonal farmworkers in this state, and the lack of decent, affordable housing for farmworkers in the State of California has reached crisis proportions.
(b) The development of new farmworker housing has been discouraged by inappropriate state and local government actions, including requirements more appropriate for labor camps of the 1930's, rather than employee housing of the 1990's, and the loss of decent farmworker housing has been compounded by inadequate enforcement and ineffective laws.
(c) There are too many severely defective residential accommodations available to farmworkers, although most providers of employee housing under permit provide decent, safe, and sanitary housing. It is in the interests of the state not to further penalize the complying employee housing owners and operators with higher fees or reporting requirements; but, instead, to ensure that monitoring requirements and penalties focus on those who willfully or continually violate the employee housing laws.
(d) The economy of this state depends in significant part on the welfare of the agricultural economy, and viable agricultural business requires decent, safe, and sanitary housing for agricultural workers.
(e) It is in the interests of the state to provide public enforcement agencies with the means to effectively and efficiently enjoin or punish the actions of those in violation of the employee housing laws, and to provide sponsors of employee housing the means to facilitate the provisions of this housing.
65009. (a) (1) The Legislature finds and declares that there currently is a housing crisis in California and it is essential to reduce delays and restraints upon expeditiously completing housing projects.
(2) The Legislature further finds and declares that a legal action challenging a decision of a city, county, or city and county has a chilling effect on the confidence with which property owners and local governments can proceed with projects. Legal actions filed to attack, review, set aside, void, or annul a decision of a city, county, or city and county pursuant to this division can prevent the completion of needed developments even though the projects have received required governmental approvals.
(3) The purpose of this section is to provide certainty for property owners and local governments regarding decisions made pursuant to this division.
(b) (1) In an action or proceeding to attack, review, set aside, void, or annul a finding, determination, or decision of a public agency made pursuant to this title at a properly noticed public hearing, the issues raised shall be limited to those raised in the public hearing or in written correspondence delivered to the public agency prior to, or at, the public hearing, except where the court finds either of the following:
(A) The issue could not have been raised at the public hearing by persons exercising reasonable diligence.
(B) The body conducting the public hearing prevented the issue from being raised at the public hearing.
(2) If a public agency desires the provisions of this subdivision to apply to a matter, it shall include in any public notice issued pursuant to this title a notice substantially stating all of the following: "If you challenge the (nature of the proposed action) in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the (public entity conducting the hearing) at, or prior to, the public hearing."
(3) The application of this subdivision to causes of action brought pursuant to subdivision (d) applies only to the final action taken in response to the notice to the city or county clerk. If no final action is taken, then the issue raised in the cause of action brought pursuant to subdivision (d) shall be limited to those matters presented at a properly noticed public hearing or to those matters specified in the notice given to the city or county clerk pursuant to subdivision (d), or both.
(c) Except as provided in subdivisions (d) and (i), no action or proceeding shall be maintained in any of the following cases by any person unless the action or proceeding is commenced and service is made on the legislative body within 90 days after the legislative body's decision:
(1) To attack, review, set aside, void, or annul the decision of a legislative body to adopt or amend a general or specific plan. This paragraph does not apply where an action is brought based upon the complete absence of a general plan or a mandatory element thereof, but does apply to an action attacking a general plan or mandatory element thereof on the basis that it is inadequate.
(2) To attack, review, set aside, void, or annul the decision of a legislative body to adopt or amend a zoning ordinance.
(3) To determine the reasonableness, legality, or validity of any decision to adopt or amend any regulation attached to a specific plan.
(4) To attack, review, set aside, void, or annul the decision of a legislative body to adopt, amend, or modify a development agreement. An action or proceeding to attack, review, set aside, void, or annul the decisions of a legislative body to adopt, amend, or modify a development agreement shall only extend to the specific portion of the development agreement that is the subject of the adoption, amendment, or modification. This paragraph applies to development agreements, amendments, and modifications adopted on or after January 1, 1996.
(5) To attack, review, set aside, void, or annul any decision on the matters listed in Sections 65901 and 65903, or to determine the reasonableness, legality, or validity of any condition attached to a variance, conditional use permit, or any other permit.
(6) Concerning any of the proceedings, acts, or determinations taken, done, or made prior to any of the decisions listed in paragraphs (1), (2), (3), *** (4), and (5).
(d) An action or proceeding shall be commenced and the legislative body served within one year after the accrual of the cause of action as provided in this subdivision, if the action or proceeding meets both of the following requirements:
(1) It is brought in support of the development of housing *** which meet the requirements for housing for persons and families with low or moderate incomes set forth in Section 65915.
(2) It is brought with respect to actions taken pursuant to Article 10.6 (commencing with Section 65580) of Chapter 3 of this division, pursuant to Section 65589.5, 65863.6, 65915, or 66474.2 or pursuant to Chapter 4.2 (commencing with Section 65913).
A cause of action brought pursuant to this subdivision shall not be maintained until 60 days have expired following notice to the city or county clerk by the party bringing the cause of action, or his or her representative, specifying the deficiencies of the general plan, specific plan, or zoning ordinance. A cause of action brought pursuant to this subdivision shall accrue 60 days after notice is filed or the legislative body takes a final action in response to the notice, whichever occurs first. A notice or cause of action brought by one party pursuant to this subdivision shall not bar filing of a notice and initiation of a cause of action by any other party.
(e) Upon the expiration of the time limits provided for in this section, all persons are barred from any further action or proceeding.
(f) Notwithstanding Sections 65700 and 65803, or any other provision of law, this section shall apply to charter cities.
(g) Except as provided in subdivision (d), this section shall not affect any law prescribing or authorizing a shorter period of limitation than that specified herein.
(h) Except as provided in paragraph (4) of subdivision (c), this section shall be applicable to those decisions of the legislative body of a city, county, or city and county made pursuant to this division on or after January 1, 1984.
(i) Where the action or proceeding challenges the adequacy of a housing element, the action or proceeding may be initiated up to 60 days following the date the Department of Housing and Community Development reports its findings concerning the housing element pursuant to subdivision (h) of Section 65585.
(Amended by Stats. 1984, Ch. 1685; Stats. 1987, Ch. 218; Amended by Stats. 1995, Ch. 253; Amended by Stats. 1996, Ch. 799.)
65010. (a) Formal rules of evidence or procedure applicable in judicial actions and proceedings shall not apply in any proceeding subject to this title except to the extent that a public agency otherwise provides by charter, ordinance, resolution, or rule of procedure.
(b) No action, inaction, or recommendation by any public agency or its legislative body or any of its administrative agencies or officials on any matter subject to this title shall be held invalid or set aside by any court on the ground of the improper admission or rejection of evidence or by reason of any error, irregularity, informality, neglect, or omission (hereafter, error) as to any matter pertaining to petitions, applications, notices, findings, records, hearings, reports, recommendations, appeals, or any matters of procedure subject to this title, unless the court finds that the error was prejudicial and that the party complaining or appealing suffered substantial injury from that error and that a different result would have been probable if the error had not occurred. There shall be no presumption that error is prejudicial or that injury was done if the error is shown.
(Added by Stats. 1984, Ch. 1009. Amended by Stats. 1985, Ch. 114. Effective June 28, 1985.)