Introduction

The Governor's Office of Planning and Research (OPR) has compiled the 1998 Planning, Zoning, and Development Laws. This publication is prepared annually as a convenient resource to local governments and the public. This 1998 edition includes planning laws enacted through 1997. The statutory changes which were enacted in 1997 are highlighted throughout the publication to alert readers to recent changes.

OPR staff receives hundreds of requests for technical assistance each year from local public planning agencies. In an effort to address some of these technical assistance requests, the 1998 Planning, Zoning, and Development Laws is comprised not only of planning and zoning laws, but also excerpts from related statutes. These excerpts are located in the "Miscellaneous Planning-Related Laws" section, and include such subjects a common interest subdivisions, school and community college sites, airport land use planning, fees, and Outdoor Advertising Act, zoning of health facilities and other types of care facilities, and local regulation of alcoholism recovery facilities. The publication also contains an appendix of other planning-related statutes that are not set forth in the main text.

This publication is provided as a convenience and a discretionary state service. OPR makes no representation or warranty as to accuracy or completeness or the currency of this publication or the contents thereof. Reliance on this publication or any part thereof is entirely the responsibility and liability of the party using it. Nothing in this publication constitutes legal advice. Parties desiring legal advice pertaining to planning, zoning, and development laws, including those set forth herein, should consult competent legal counsel of their choice.

Legislative Summary

The following summarizes the major planning and land use legislation enacted in 1997. These bills are incorporated into this edition of the Planning, Zoning, and Development Laws and became effective January 1, 1998.

AB 690 (Chapter 916) -- Revises §1596.7935 of the Health and Safety Code relating to child day care facilities.

AB 939 (Chapter 772) -- Amends Government Code §66032 and 66033 providing that portions of the Evidence Code apply to land use mediations.

AB 996 (Chapter 471) -- Amends §5274 of the Business and Professions Code to exempt from the Outdoor Advertising Act any on-premises advertising sign that is located in a business center visible from an interstate or primary highway and which complies with both the Act and local ordinance. Also deletes the uncodified sunset provision in existing law that provides that advertising displays that are considered "on-premises" shall not be reclassified as "off-premises" due to divisions of the property in the development project, as specified.

AB 1130 (Chapter 81) -- Adds Public Utilities Code §21670.4 authorizing establishment of an inter-county airport land use commission to plan land uses around airports which straddle county lines. This inter-county commission would be separate from the airport land use commissions already existing in the involved counties.

AB 1527 (Chapter 837) -- Adds Government Code §66451.22 and 66451.23 authorizing Napa County to amend its subdivision ordinance so that it may merge parcels that were held in common ownership on January 1, 1998 and not the subjects of any certificate of compliance as a perquisite to issuing any permit necessary to develop any real property.

SB 45 (Chapter 622) -- This changes the approach to planning transportation projects by delegating regional agencies the power to select and finance projects involving 75% of the money available for transportation and reducing the term of a regional transportation improvement program from seven to four years. The remaining 25% of transportation funds will be programmed by Caltrans for inter-regional projects. It amends Government Code §65080, 65081.1, 65082, and 65086, and adds §65086.4. Repeals §65081, moving the description of regional transportation plan contents to §65080.

SB 294 (Chapter. 480) -- Amends Government Code §66493 authorizing local governments to adopt procedures under their subdivision ordinances allowing cash deposits to be used and drawn against and allowing local governments to waive the security deposit requirements for payment of assessments and taxes that are due but not yet payable.

SB 320 (Chapter 580) -- The Planning and Land Use Omnibus Act of 1997 makes minor clean up changes of Government Code §53091, 65040.6, 65460.2, 65460.4, 65588, 66418.2, 66434, 66445, and 66452.5, and renumbers §66413.7. Among other things, it extends the deadlines for revising housing elements by one year for all jurisdictions except those within the SANDAG region.

SB 562 (Chapter 124) -- Amends Government Code §66499.7 requiring local governments to release letters of credit by subdividers upon completion of, and acceptance of, improvements or conditions required as part of approval of the subdivision map.

SB 927 (Chapter 129) -- Amends Government Code §65858 to allow a city or county to adopt a new interim zoning ordinance upon the expiration of a prior interim zoning ordinance. This will allow an interim zoning ordinance to remain in effect, with renewal, longer than 2 years.

SB 947 (Chapter 17) -- This is the annual "maintenance of codes" legislation sponsored by the Legislative Counsel for minor clean-up changes. It amends Government Code §50030 and 65850.2 relating to fees and hazardous materials lists, respectively.