(California Government Code)
TITLE 7. PLANNING AND LAND USE
DIVISION 1. PLANNING AND ZONING
Chapter 1. General Provisions
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 (Repealed by Stats. 1984, Ch. 690.)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) Nothing in this title shall be construed to prohibit
a 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.)
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) Concerning any of the proceedings, acts, or determinations
taken, done, or made prior to any of the decisions
listed in
paragraphs (1), (2), *** (3), and (4).
(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 Section 65700, 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.)
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.)