(California Government Code)
TITLE 7. PLANNING AND LAND USE
DIVISION 1. PLANNING AND ZONING
Chapter 4.2. Housing Development Approvals
65913. (a) The Legislature finds and declares that there
exists a severe shortage of affordable housing, especially
for persons and
families of low and moderate income, and that there
is an immediate need to encourage the development of
new housing, not
only through the provision of financial assistance,
but also through changes in law designed to do all
of the following:
(1) Expedite the local and state residential development
process.
(2) Assure that local governments zone sufficient land
at densities high enough for production of affordable
housing.
(3) Assure that local governments make a diligent effort
through the administration of land use and development
controls
and the provision of regulatory concessions and incentives
to significantly reduce housing development costs and
thereby
facilitate the development of affordable housing, including
housing for elderly persons and families, as defined
by Section
50067 of the Health and Safety Code.
These changes in the law are consistent with the responsibility
of local government to adopt the program required by
subdivision (c) of Section 65583.
(b) The Legislature further finds and declares that
the costs of new housing developments have been increased,
in part, by
the existing permit process and by existing land use
regulations and that vitally needed housing developments
have been halted
or rendered infeasible despite the benefits to the public
health, safety, and welfare of those developments and
despite the
absence of adverse environmental impacts. It is, therefore,
necessary to enact this chapter and to amend existing
statutes which
govern housing development so as to provide greater
encouragement for local and state governments to approve
needed and
sound housing developments.
(Added by Stats. 1980, Ch. 1152; Amended by Stats. 1985,
Ch. 1117.)
65913.1. In exercising its authority to zone for land
uses, a city, county, or city and county shall designate
and zone sufficient
vacant land for residential use with appropriate standards,
in relation to zoning for nonresidential use, and in
relation to growth
projections of the general plan to meet housing needs
as identified in the general plan. For the purposes
of this section,
"appropriate standards" shall mean densities
and requirements with respect to minimum floor areas,
building setbacks, rear and
side yards, parking, the percentage of a lot which may
be occupied by a structure, amenities, and other requirements
imposed
on residential lots pursuant to the zoning authority
which contribute significantly to the economic feasibility
of producing
housing at the lowest possible cost given economic and
environmental factors, the public health and safety,
and the need to
facilitate the development of housing for persons and
families of low or moderate income, as defined in Section
50093 of the
Health and Safety Code. However, nothing in this section
shall be construed to enlarge or diminish the authority
of a city,
county, or city and county to require a developer to
construct such housing.
Nothing in this section shall be construed to require
a city, county, or city and county in which less than
5 percent of the
total land area is undeveloped to zone a site within
an urbanized area of such city, county, or city and
county for residential
uses at densities which exceed those on adjoining residential
parcels by 100 percent. For the purposes of this section,
"vacant
land" shall not include agricultural preserves
pursuant to Chapter 7 (commencing with Section 51200)
of Part 1 of Division 1
of Title 5. For the purposes of this section, "urbanized
area" means a central city or cities and surrounding
closely settled
territory, as defined by the United States Department
of Commerce Bureau of the Census in the Federal Register,
Volume 39,
Number 85, for Wednesday, May 1, 1974, at pages 15202-15203,
and as periodically updated.
(Added by Stats. 1980, Ch. 1152.)
65913.2. In exercising its authority to regulate subdivisions
under Division 2 (commencing with Section 66410), a
city, county,
or city and county shall:
(a) Refrain from imposing criteria for design, as defined
in Section 66418, or improvements, as defined in Section
66419,
for the purpose of rendering infeasible the development
of housing for any and all economic segments of the
community.
However, nothing in this section shall be construed
to enlarge or diminish the authority of a city, county,
or city and county
under other provisions of law to permit a developer
to construct such housing.
(b) Consider the effect of ordinances adopted and actions
taken by it with respect to the housing needs of the
region in which
the local jurisdiction is situated.
(c) Refrain from imposing standards and criteria for
public improvements including, but not limited to,
streets, sewers, fire
stations, schools, or parks, which exceed the standards
and criteria being applied by the city, county, or
city and county at that
time to its publicly financed improvements located in
similarly zoned districts within that city, county,
or city and county.
(Amended by Stats. 1983, Ch. 367.)
65913.3. (a) Every city, county, or city and county
shall provide for coordination of review and decision
making and the
provision of information regarding the status of all
applications and permits for residential, commercial,
and industrial
developments, as required by the city, county, or city
and county, by a single administrative entity. The
city, county, or city
and county may charge fees to defray costs which are
directly attributable to the coordination of an application
of a developer
by a single administrative entity.
For the purposes of this section, "administrative
entity" means a person or agency designated by
the legislative body of the
city, county, or city and county to coordinate the review
and decision making and provide information regarding
the status of
all permits or applications required by the local agency.
A city, county, or city and county may adopt, by resolution
or ordinance, procedures for the implementation of
this section
by the designated administrative entity.
(b) At the request of an applicant, the administrative
entity may coordinate the review and decision making
process with
affected special districts and the administrative entity
designated by the legislative body of any other city,
county, or city and
county within whose jurisdiction application for approval
of the development is also being made in order to provide
concurrent
processing within those jurisdictions.
The Office of Permit Assistance in the Office of Planning
and Research shall evaluate the extent to which this
subdivision
has resulted in an expedited development permit process
and shall report its findings and conclusions to the
Legislature on or
before January 1, 1990.
This subdivision shall have no application or effect
on and after January 1, 1991.
(Amended by Stats. 1983, Ch. 1263; Amended by Stats.
1987, Ch. 1430.)
65913.4. (Repealed by Stats. 1990, Ch. 31. Effective September 11, 1990.)
65913.5. (a) As part of implementation of the demonstration
program established pursuant to Section 14045 of the
Government
Code, a city, county, or city and county participating
in the demonstration program shall grant a density
bonus to a developer
of housing within one-half mile of a mass transit guideway
station unless the locality finds that granting of
the density bonus
would result in a specific, adverse impact upon the
public health or safety, and there is no feasible method
to satisfactorily
mitigate or avoid the specific adverse impact.
(b) Notwithstanding subdivision (f) of Section 65915,
as used in this section, "density bonus"
means a density increase of at
least 25 percent over the otherwise maximum residential
density allowed under the general plan and any applicable
zoning and
development ordinances.
(c) A city, county, or city and county may require a
developer to enter into a development agreement pursuant
to Article 2.5
(commencing with Section 65864) of Chapter 3 of Division
1 of Title 7 to implement a density bonus granted pursuant
to this
section.
(d) In an action or proceeding to attack, set aside,
void or annul a density bonus granted pursuant to this
section, a court shall
uphold the decision of a city, county, or city and county
to grant the density bonus if the court finds that
there is substantial
evidence in the record that the housing development
will assist the city, county, or city and county to
do all of the following:
(1) Meet its share of the regional housing needs determined
pursuant to Article 10.6 (commencing with Section 65580)
of
Chapter 4 of Division 1 of Title 7.
(2) Implement its congestion management plan adopted
pursuant to Chapter 2.6 (commencing with Section 65088)
of
Division 1 of Title 7.
(e) Nothing in this section shall be construed to relieve
any local agency from complying with the provisions
of the
Congestion Management Program required by Chapter 2.6
(commencing with Section 65088) of Division 1 of Title
7.
(Added by Stats. 1990, Ch. 1304.)
65913.7. If a court finds that an action of a city,
county, or city and county is in violation of Section
65913.1 or 65913.2, the city,
county, or city and county shall bring its action into
compliance within 60 days. However, the court shall
retain jurisdiction to
enforce its decision. Upon the court's determination
that the 60-day period for compliance would place an
undue hardship on
the city, county, or city and county, the court may
extend the time period for compliance by an additional
60 days.
(Added by Stats. 1982, Ch. 1355.)
65913.8. A fee, charge, or other form of payment imposed
by a governing body of a local agency for a public
capital facility
improvement related to a development project may not
include an amount for the maintenance or operation
of an improvement
when the fee, charge, or other form of payment is required
to fulfill a condition of the approval. However, a
fee, charge, or
other form of payment may be required for the maintenance
and operation of an improvement meeting the criteria
of either
subdivision (a) or (b), as follows:
(a) The improvement is (1) designed and installed to
serve only the specific development project on which
the fee, charge,
or other form of payment is imposed, (2) the improvement
serves 19 or fewer lots or units, and (3) the local
agency makes a
finding, based upon substantial evidence, that it is
infeasible or impractical to form a public entity for
maintenance of the
improvement or to annex the property served by the improvement
to an entity as described in subdivision (b).
(b) The improvement is within a water district, sewer
maintenance district, street lighting district, or
drainage district. In
these circumstances, a payment for maintenance or operation
may be required for a period not to exceed 24 months
when,
subsequent to the construction of the improvement, either
the local agency forms a public entity or assessment
district to
finance the maintenance or operation, or the area containing
the improvement is annexed to a public entity that
will finance the
maintenance or operation, whichever is earlier. The
local agency may extend a fee, charge, or other form
of payment pursuant
to this section once for whatever duration it deems
reasonable beyond the 24-month period upon making a
finding, based upon
substantial evidence, that this time period is insufficient
for creation of, or annexation to, a public entity
or an assessment
district that would finance the maintenance or operation.
As used in the section, "development project"
and "local agency" have the same meaning
as provided in subdivisions (a) and
(c) of Section 66000.
(Added by Stats. 1988, Ch. 1330.)
65913.9. This chapter shall apply to all cities, including
charter cities, counties, and cities and counties.
The Legislature finds and declares that the development
of a sufficient supply of housing to meet the needs
of all
Californians is a matter of statewide concern.
(Amended by Stats. 1982, Ch. 1355.)
65914. (a) In any civil action or proceeding, including
but not limited to an action brought pursuant to Section
21167 of the
Public Resources Code, against a public entity which
has issued planning, subdivision, or other approvals
for a housing
development, to enjoin the carrying out or approval
of a housing development or to secure a writ of mandate
relative to the
approval of, or a decision to carry out the housing
development, the court, after entry of final judgment
and the time to appeal
has elapsed, and after notice to the plaintiff or plaintiffs,
may award all reasonably incurred costs of suit, including
attorney's
fees, to the prevailing public entity if it finds all
of the following:
(1) The housing development meets or exceeds the requirements
for low- and moderate-income housing as set forth in
Section 65915.
(2) The action was frivolous and undertaken with the
primary purpose of delaying or thwarting the low-or
moderate-income
nature of the housing development or portions thereof.
(3) The public entity making application for costs under
this section has prevailed on all issues presented
by the pleadings,
and, if an intervenor, the public entity actively, through
counsel or otherwise, took part on a continuing basis
in the defense of
the lawsuit.
(4) A demand for a preliminary injunction was made by
the plaintiff and denied by a court of competent jurisdiction,
such
denial not having been reversed on appeal, or the action
or proceeding was dismissed as a result of a motion
for summary
judgment by any defendant, and not reversed on appeal.
(b) In any appeal of any action described in subdivision
(a), the reviewing court may award all reasonably incurred
costs of
suit, including attorney's fees, to the prevailing public
entity if the court reviews and upholds the trial court's
findings with
respect to paragraphs (1) to (4), inclusive, of subdivision
(a).
(Added by Stats. 1981, Ch. 969.)