INTRODUCTION
Attorney General Opinions Summary
The Governor's Office of Planning and Research (OPR) has compiled the 2000 Planning, Zoning, and Development Laws. This publication is prepared as a convenient resource to local governments and the public. This 2000 edition includes planning laws enacted through 2000. The statutory changes which were enacted in 1998, 1999, and 2000 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 2000 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 as common interest subdivisions, school and community college sites, airport land use planning, fees, 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, 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. The headings after each section number are prepared by OPR staff as aids to identification and are not necessarily a part of the codes.
1998
The following summarizes the major planning and land use legislation enacted in 1998. These bills are incorporated into this edition of the Planning, Zoning, and Development Laws.
AB 438 (Chapter 796) -- Amends §65400 to provide that a copy of the annual report prepared by each city or county planning agency for the jurisdiction's legislative body must be sent to the Housing and Community Development Department and OPR. Amends §65583.1 to enable a city or county, upon approval by HCD, to substitute for up to 25% of its share of housing units, units made available under a program providing assistance to low and very-low income units. Also amends §65584 allowing a council of governments to delegate to a subregional body, upon request, responsibility for allocating the housing shares to the cities and county(ies) within that subregion.
AB 996 (Chapter 471) -- Amends §5274 of the Business and Professions Code exempting from the Outdoor Advertising Act specified on-premise advertising displays located within a business center visible from an interstate or primary highway. Amends §5490 of the Business and Professions Code adding subdivision to those actions that do not affect the legality of certain on-premises signs.
AB 2055 (Chapter 552) -- Adds §65850.4 to the Government Code, providing that the legislative body of a city or county regulating adult or sexually oriented businesses or similar businesses may consider and regulate any harmful secondary effects such a business may have on adjacent cities and counties and its proximity tochurches, schools, residents, and other businesses located inadjacent cities or counties.
SB 50 (Chapter 407) -- This bill would revamp the manner in which new schools are financed and place an absolute limit on school impact fees of $1.93 per square foot for residential and $0.31 for commercial or industrial construction, with specific exceptions (§65995). In addition, the bill would prohibit denial of either an administrative or legislative project on the basis of refusal to pay a fee exceeding the limits. Adds §65995.5, §65995.6, and §65995.7 regarding an alternative fee formula for school districts with specified indebtedness. Amends §65996 to specify that payment of the school fees mitigates environmental effects. Adds §65998 clarifying that cities and counties can designate future school sites although they cannot deny a project on the basis of not providing more than the maximum fees.
SB 256 (Chapter 819) -- Amends §65588, extending the deadlines by which specified councils of governments and all other local governments must complete the 3rd and 4th revisions of the housing elements of their general plans.
SB 1362 (Chapter 689) -- Adds §66413.5, requiring a city incorporated after January 1, 1999 to approve (with some exceptions) the final map for any tentative or vesting tentative subdivision map that had been filed before the incorporation petition started and approved by the county before the city incorporated. Amends §65860 clarifying that the statute of limitations for zoning suits is 90 days. Also amends Section 17621 of the Education Code, amends Sections 65039, 65850, 65915, 66007, 66021, 66452.6, 66477, and 66498.5 of, adds Sections 65850.3 to, and repeals Section 65587.1 of, the Government Code, relating to housing and land use.
SB 1660 (Chapter 604) -- Amends §66458, §66462, and §66477.1. This bill authorizes city and county legislative bodies to delegate, by ordinance, to the city or county engineer, surveyor, or other designated official the responsibility to review and approve or disapprove final subdivision maps. The designated official must notify the legislative body at its next scheduled meeting of any maps that it has received and the legislative body must post notice that the map is being reviewed. The designated official must act on the final map within 10 days following the meeting at which the notice was posted. No meeting is required on the final map prior to its approval, however, the action of the designated official may be appealed to the legislative body. This bill would also authorize the delegation to a designated official of the authority to enter into an agreement with the subdivider for the provision of public improvements as a condition precedent to the approval of a final map, provide for the appeal of those actions, and require the periodic review of that delegation of authority.
SB 1760 (Chapter 644) -- Amends §66013, providing that fees and charges collected on or after January 1, 1999 for water and sewer connections, as specified, are also subject to the requirements applicable to fees charged in connection with the approval of a development project by a local agency.
SB 2005 (Chapter 283) -- Amends §65940.5, 65950, 65951, and 65957, eliminating or revising certain waivers of timelines for a government agency to approve or disapprove a development project after the environmental documentation under the California Environmental Quality Act (CEQA) is completed.
The following summarizes the major planning and land use legislation enacted in 1999. These bills are incorporated into this edition of the Planning, Zoning, and Development Laws.
AB 170 (Chapter 818) -- Adds §5273.5 to Business and Professions Code, extending the deadline by which local governments within the regional jurisdiction of the San Diego Association of Governments are required to complete the 3rd revision of the housing elements of their general plans from June 30, 1999, to December 31, 1999.
AB 411 (Chapter 107) -- Amends §65588 of the Government Code, extending the deadlines by which local governments within the regional jurisdiction of the San Diego Association of Governments are required to complete the 3rd revision of the housing elements of their general plans from June 30, 1999 to December 31, 1999.
AB 695 (Chapter 858) -- Amends §65995.5, 65995.6 of the Government Code. Existing law limits site development costs for construction of new residential units to 2 times the amount funded by the State Allocated Board. This bill recast provisions for imposing fees and make this limitation applicable to expenditure of fees assessed pursuant to provisions permitting increased fees when state funds for new school construction are not available.
AB 919 (Chapter 966) -- Amends §65589.5 of the Government Code, changing law that prohibits a local government from disapproving an affordable housing development.
AB 1413 (Chapter 320) -- Adds and repeals §5408.7 to the Business and Professions Code. The Outdoor Advertising Act prohibits the placement of advertising displays adjacent to or within specified distances of highways without a permit. This bill would exempt from that prohibition advertising displays within the City and County of San Francisco on street furniture if the display meets specified conditions. It would also require the city and county to provide indemnity to the state against any liability with regard to the placement of the advertising display, as specified.
AB 1464 (Chapter 597) -- Repeals Chapter 1.9 (commencing with §65055) of the Government Code, which requires the Director of Planning and Research, in consultation with the Governor's Interagency Council on Growth Management and an advisory committee composed of rural landowners and citizens, to adopt a rural economic growth strategy, on or before December 31, 1994.
AB 1505 (Chapter 967) -- Amends §65580, 65583, and 65950 of the Government Code, relating to identifying and satisfying housing needs of farmworkers.
SB 115 (Chapter 690) -- Adds §65040.12 to the Government Code, providing that the Office of Planning and Research shall be the coordinating agency in state government for environmental justice programs. The bill requires the director of OPR to consult with the secretaries of specified state agencies, and other parties to coordinate the office's efforts and, share specified information with certain federal agencies, and review and evaluate other federal information, as provided. Defines "environmental justice" as the fair treatment of people of all races, cultures and incomes with respect to the development, adoption, implementation, and enforcement of environmental laws and policies.
SB 532 (Chapter 1007) -- Amends §65080 of the Government Code, requiring each transportation planning agency to adopt and submit an updated regional transportation plan to the California Transportation Commission and to the Department of Transportation every three years, rather than biennially.
SB 948 (Chapter 968) -- Amends §65009, 65589.5, 65915, and 65950 of the Government Code, relating to the lack of affordable housing in California and the need to reduce delays and restraints upon expeditiously completing housing projects.
SB 985 (Chapter 1018) -- Amends §66474.4 of the Subdivision Map Act of the Government Code. This bill would require the legislative body of a city or county to deny approval of a tentative map or parcel map if it finds that the land is subject to a Williamson Act contract and the subdivision would result in residential development not incidental to the commercial agricultural use of the subject land.
SB 989 (Chapter 812) -- Adds and repeals §65964 of the Government Code. Defines a "permitting agency" as a city, county, or an air pollution control district authorized to issue a permit to construct a Phase 3 reformulated gasoline project, and "Phase 3 Reformulated Gasoline Project" as a project to construct or modify a facility consisting of processing units or other equipment necessary to produce California Phase 3 Reformulated Gasoline. A permitting agency for a phase 3 reformulated gasoline project shall undertake all reasonable efforts to expedite action on the permit or other authorization with the objective of acting upon the permit or other authorization within 12 months of receiving a completed application for a permit or other authorization.
SB 1205 (Chapter 26) -- Amends §65863.10 and 65863.11 of the Government Code. Existing law requires an owner of a housing development to give notice to tenants of proposed termination or prepayment of government assistance. It also requires the owner to give specified entities an opportunity to purchase the development upon terms representing a genuine intention to sell. This bill would provide that the owner is in compliance with those notice requirements when the owner decides to sell or dispose of the property if, prior to July 1, 1999, the owner has accepted such an offer. Would revise certain conditions that must be met by a qualified purchaser and revise the definition of an assisted housing development for that purpose.
The following summarizes the major planning and land use legislation enacted in 2000. These bills are incorporated into this addition of the Planning, Zoning, and Development Laws.
AB 2755 (Chapter 556) -- Amends Government Code 65915 requiring a city, county, or city and county to provide a developer of housing incentives for the production of lower income housing units within the development if the developer meets the requirements set forth in subdivisions (b) and (c). The city, county, or city and county shall adopt an ordinance that shall specify the method of providing developer incentives.
AB 1744 (Chapter 117) -- Amends Government Code 65588 and 65588.1 requiring each local government to review its housing element as frequent as appropriate to evaluate the appropriateness of the housing goals, objectives, and policies in contributing to the attainment of the state housing goals.
AB 2864 (Chapter 80) -- Adds and repeals Article 2.10 commencing with Government Code 65891 establishing the Inter-Regional Partnership (IRP) State Pilot Project to improve the Balance of Jobs and Housing.
AB 774 (Chapter 290) -- Amends Government Code 65050 to designate instead the County of Merced as the local base reuse authority for Castle Air Force Base, and repeal the provisions of law creating and setting forth the powers of the Castle Joint Powers Redevelopment Agency as the redevelopment agency for the Castle Air Force Base project area.
AB 935 (Chapter 522) -- Amends Business and Professions Code 11003.5 to read that a "time-share project" is one in which a purchaser receives the right in perpetuity, for life, or for a term of years, to the recurrent, exclusive use or occupancy of a lot, parcel, unit, or segment of real property, annually or on some other periodic basis, for a period of time that has been or will be allotted from the use or occupancy periods into which the project has been divided.
AB 2008 (Chapter 471) -- Amends Government Code 65585 requiring that in preparation of its housing element, each city and county shall consider the guidelines adopted by the California Research Bureau pursuant to section 50459 of the Health and Safety Code. Those guidelines shall be advisory to each city or county in the preparation of its housing element.
AB 2430 (Chapter 358) -- Amends Government Code 65584.6 authorizing Napa County, during its current housing element planning period, meet up to 15 percent of its existing share of the regional housing need for lower income households, as defined in Section 655884, by committing funds for the purpose of constructing affordable housing units, and constructing those units in one or more cities within the county.
SB 1350 (Chapter 506) -- The Committee on Local Government and Local Government Omnibus Act of 2000 makes minor clean up to Education Code 65400, 66412, 66451.17, 66463.5 and 66499.19. Among other things, it shall require any land to be placed under a farmland security zone contract as a condition of the issuance of any entitlement to use or the approval of a legislative or adjudicative act involving, but not limited to, the planning, use, or development of real property, or a change of organization or reorganization, as defined in Section 56021 or 56073.
SB 453 (Chapter 453) -- Amends Government Code 66412 and 66452.10 authorizes that in the event a conversion to a condominium of a community apartment project or stock cooperative has been approved by the required number of owners, trustees, benificiaries, and mortgages pusuant to Section 66452.10 of the Government Code, the certificate need only be signed by those owners, trustees, beneficiaries, and mortgagees approving the conversion.
SB 2928 (Chapter 91) -- Amends Government Code 6580, 65082, and 65083 requires as part of implementation of the demonstration program established as pursuant to Section 14045 of the Government Code, the regional transportation planning agency preparing the five-year regional transportation improvement program pursuant to Section 65082 shall consider those exclusive mass transit guideway projects where the applicant and the local entity responsible for land use decisions have entered into a binding agreement to promote high density residential development within one-half mile of a mass transit guidway station.
SB 89 (Chapter 728) -- Amends Government Code 65040.12 to require that the Office of Planning and Research shall be the coordinating agency in state government for environmental justice programs.
Attorney General Opinions Summary
1998
The following summarizes Attorney General opinions relating to planning and land use published in 1998.
Planning and Development
98-103 -- A residential project built and owned by a
county community development commission to be used as low-income
rental units is exempt from a school district's levy of school
impact fees.
(Government Code Section 65995(d), Education Code Sections
39609, 39613, Health and Safety Code Sections 34100-34160)
98-303 -- 1) A joint powers agency may not be established
by a city and a nonprofit public benefit corporation created by
the city. 2) A joint powers agency established by a city and another
local agency may not impose development impact fees on the development
of property in a geographic area that is not within the boundaries
of any of the contracting parties.
(Government Code Sections 6500-6599, 66000(b))
98-501 -- A city may prohibit the making of turns onto
designated public streets in either business or residential areas
within its jurisdiction during selected hours when no traffic
safety issue is involved.
(Vehicle Code Section 22101)
98-704 -- Funds obtained as "in lieu" fees
for park or recreational purposes as a condition of approval of
a subdivision map may be used (1) to purchase an existing theater
where a variety of cultural activities, including concerts, dance
recitals, and art shows, would be exhibited, (2) to purchase land
on which a theater would be constructed to exhibit a variety of
cultural activities, (3) to fund the construction of a theater
that would exhibit a variety of cultural activities on land dedicated
for park or recreational purposes.
(Government Code Section 66477)
98-1001 -- A county board of supervisors may enter into
an agreement with the subdividers of a parcel of property that
would require the installation of a larger storm drain system
than necessary for the particular subdivision, with the county
reimbursing the subdividers for the additional cost, even though
a member of the board of supervisors has an ownership interest
in the parcel.
(Government Code Section 1090, Subdivision Map Act section
66485)
Environmental Issues
98-105 -- 1) Insects are ineligible for listing as a
threatened or endangered species under the California Endangered
Species Act.
2) A landowner may destroy a plant on his property that is listed
as threatened or endangered under the California Endangered Species
Act when (a) federal approval has been given, (b) approval by
the Department of Fish and Game has been given, (c) incidental
to a properly permitted surface mining operation, (d) incidental
to routine and ongoing agricultural activities that occur while
specified management practices are followed, (e) due to inadvertent
or ordinarily negligent acts during lawful, routine, and ongoing
agricultural operations, (f) incidental to state agency projects
under findings of the Department of Fish and Game, (g) incidental
to specified emergency projects, or (h) incidental to certain
agricultural operations, timber operations, mining assessment
work, and the clearing of specified property under the Native
Plant Protection Act.
3) If a landowner has not been notified by the Department of Fish
and Game under the Native Plant Protection Act of the presence
of a rare or endangered native plant, the landowner is not required
to provide notice to the department of his intent to destroy such
a plant when carrying out an authorized agricultural operation,
management practice, or fire control activity.
4) A biologist or other scientist is not required to have a permit
under the California Endangered Species Act to conduct a survey
for the presence or absence of any listed plant or animal species
if the survey activities do not involve the trapping, catching,
capturing, possessing or killing of such species.
(CESA 2050-2116, NPPA 1900-1913)
98-804 -- The regulations adopted by the California
Integrated Waste Management Board do not prohibit a county from
claiming a categorical exemption from the requirements of the
California Environmental Quality Act with respect to its adoption
of a countywide waste management plan.
(Government Code Section 11342, Public Resources Code Section
40052, CEQA Sections 21001(d) and 21152)
Public Finance
98-805 -- A county service area established for the
purpose of road maintenance is required to assess landowners on
a proportional rather than uniform basis when it imposes a charge
for maintenance services.
(County Service Area Law, Government Code Sections 25210.1-25211.33)
98-807 -- With respect to the issuance of revenue bonds
under Article 2 of the Joint Exercise of Powers Act:
1) The ordinance by which a party to a joint powers agreement
authorizes the issuance or revenue bonds must generally identify
the projects to be funded and the revenue sources to be relied
upon; it is not sufficient for the ordinance to refer to a list
of potential projects and revenue sources.
2) Each party to a joint powers agreement that will receive proceeds
from particular revenue bonds must adopt an authorizing ordinance
prior to the sale of the bonds.
3) The proceeds of the bond sale may not be used to finance projects
not identified in the bond indenture.
4) A joint powers agency may not use the bond revenues to finance
loans to or purchases instruments of indebtedness from its members
except for unfunded pension liabilities and delinquent property
taxes and assesments.
5) A joint powers agency may not allow a public entity to become
a "limited" or "associated" member of the
agency without becoming a party to the agreement creating the
agency.
(Joint Exercise of Powers Act, Government Code Sections 6500-6599)
98-901 -- Claims for senior citizens' exemptions from
assessment of a parcel tax levied by a school district are subject
to inspection by members of the general public.
(CA Public Records Act, Government Code Sections 6250-6270)
Housing Issues
98-202 -- The State Architect's interpretation of the
"strike edge clearance" accessibility requirement of
the California Building Standards Code is not an interpretation
that may be appealed by a hotel owner to the Building Standards
Commission.
(Government Code Sections 14950, 4450, 4453)
98-406 -- 1) The deadline for a community redevelopment
agency to transfer to a housing authority "excess surplus"
money in its Low and Moderate Income Housing Fund identified as
of July 1, 1994, was January 1, 1995.
2) Health and Safety Code section 33334.2 does not permit a community
redevelopment agency to spend money in its Low and Moderate Income
Housing Fund outside the boundaries of the community.
3) When a community redevelopment agency uses a nonprofit corporation
to administer its housing activities, the corporation is required
to comply with the same laws and regulations as the agency, including
open meeting laws, acquisition and relocation requirements, and
public bidding and prevailing wage statutes.
4) If a community redevelopment agency's activities with respect
to the use of money in its Low and Moderate Income Housing Fund
are not permitted by state law, bond holders, affected individuals
or organizations, taxpayers, and the Attorney General may institute
legal proceedings to require a redevelopment agency's compliance
with state law.
(Health and Safety Code Sections 33000-37964, Ralph M. Brown
Act Sections 54950-54962)
Governance Issues
98-302 -- A county supervisor may be employed by the
county housing authority commission to serve as its secretary
and executive director.
(Health & Safety Code Sections 34200-34606)
98-303 -- 1) A joint powers agency may not be established
by a city and a nonprofit public benefit corporation created by
the city.
2) A joint powers agency established by a city and another local
agency may not impose developmental impact fees on the development
of property in a geographic area that is not within the boundaries
of any of the contracting parties.
(Government Code Sections 6500-6599, Mitigation Fee Act 66020-66025)
98-1011 -- 1) An alternate member of a Local Agency
Formation Commission, when not serving in place of a regular member,
may participate in public hearings and deliberations of the commission.
2) An alternate member of a Local Agency Formation Commission,
when not serving in place of a regular member, may not attend
closed sessions of the commission.
(Government Code Sections 56000-57550, Ralph M. Brown Act 54950-54962)
The following summarizes Attorney General opinions relating to planning and land use published in 1999.
Planning and Development
99-201 -- A county recorder may not accept for recordation
a document, denominated a "Notice of Disclosure," that
gives notice of the proximity of an airport, power lines, and
potential traffic and parking problems to specified real property.
(Government Code Sections 27322, 27201, 27280(a), 27279(a))
99-304 -- A project area committee may provide advice
to a redevelopment agency even though several committee members
own property within the project area.
(Health & Safety Code Sections 33100, 33385-6, 33366, 33388(a))
99-401 -- A school district may construct an elementary
school on land designated for "agricultural, open space,
or rural land use" under a county ordinance that was adopted
by the electorate as an initiative measure amending the county's
general plan, provided the governing board of the school district,
by vote of two-thirds of its members, renders the ordinance inapplicable
to the proposed use of the property and such action is not arbitrary
and capricious.
(Government Code Sections 53090-53097)
99-1201 -- A city council may enter into a development
agreement with a joint powers agency where a city planning commissioner
advises the city council with respect to the terms of the agreement
and the commissioner's spouse serves as the city's representative
on the joint powers agency.
(Government Code Sections 65864-65869.5, 6500-6599.1)
Public Finance
99-321 -- 1) Two public entities and a mutual water
company may enter into a joint powers agreement to form a public
financing authority for the purpose of issuing bonds under the
Marks-Roos Local Bond Pooling Act of 1985 to finance the construction
of projects authorized by the Joint Exercise of Powers Act over
which the contracting parties exercise their common power.
2) The project funded by the bonds may be located outside the
jurisdiction of either of the two public entities only if specified
conditions are met.
(Government Code Sections 6502, 6503.5, 6525, 6586.5)
99-602 -- If a local agency formation commission conditions
approval of a change of organization or reorganization upon a
requirement that the subject agency levy or fix and collect a
previously established and collected tax, benefit assessment,
or property-related fee or charge on parcels being annexed to
the agency, the voter and landowner approval requirements of the
Constitution relating to taxes, assessments, fees, and charges
do not apply.
(Government Code Sections 56000-57550, section 66484.3)
The following summarizes Attorney General opinions relating to planning and land use published in 2000.
Planning and Development
00-702 -- The California Building Standards Commission may continue to maintain and update through the publication of annual supplements the 1998 edition of the California Building Code, which is based upon the 1997 edition of the Uniform Building Code, and publish it as part of the 2001 edition of the California Building Standard Code.
00-405 -- 1) A general law county may exercise its police power authority to require an industrial facility, not seeking any entitlement from the county, to use an inherently safer system or take a specific action, such as the use of particular equipment, manufacturing or refining processes, or management procedures, in order to protect public health or safety. 2) A county would not subject itself to a greater risk of liability under the Tort Claims Act by having its officers exercise their discretion in requiring an industrial facility to use inherently safer system or take a specific action.
Governance Issue
00-506 -- The mayor of a charter city, who is designated
as the executive head of the city by the city charter, may not
attend a closed session of the city's redevelopment agency, the
members of which are appointed by the mayor with the approval
of the city council, when the purpose of the closed session is
to conduct a conference with the agency's real property negotiators
who are negotiating the disposition and development of property,
a portion of which is owned by the city, for construction of a
publicly financed and publicly owned city conference center and
privately financed and developed hotel complex.
(Government Code Section 54950-54950, Ralph M. Brown Act)
00-601 -- Where a city council of a city with less than 200,000 in population has declared itself to be the city's redevelopment agency and the city's housing authority and conducts a unified meeting as a city council, redevelopment agency, and housing authority, the council members may not receive the remuneration provided by law for members of a redevelopment agency or for commissioners of a housing authority if no business within the jurisdiction of the redevelopment agency or housing authority is conducted during the unified meeting.