(California Government Code)
TITLE 7. PLANNING AND LAND USE
DIVISION 1. PLANNING AND ZONING
Chapter 4.4. Interagency Referrals
65919. As used in this chapter the following terms mean:
(a) "Affected city" means a city within whose
planning review area an affected territory is located.
(b) "Affected territory" means an area of
land located in the unincorporated portion of a county
which is the subject on one
or more proposed actions.
(c) "Proposed action" means a proposal to
adopt or amend all or part of a general or specific
plan or to adopt or amend a
zoning ordinance, but does not include action taken
by an ordinance which became effective immediately
pursuant to
subdivision (b) or (d) of Section 25123 or pursuant
to Section 65858.
(d) "Planning review area" means the territory
included in a general plan or in any specific plan
of a city or county. A
planning review area in the case of a city shall not
extend beyond whichever of the following includes the
largest area and, in
the case of a county, shall not extend beyond the territory
described in paragraphs (2) or (3), whichever includes
the largest
area:
(1) The area included within the sphere of influence
of the city.
(2) A radius of one mile outside the boundary of the
city which area shall not include any territory within
the sphere of
influence of another city.
(3) An area which is agreed upon and designated by a
county and a city within the county.
(Added by Stats. 1983, Ch. 860; Amended by Stats. 1986,
Ch. 443.)
65919.1. A county and a city may agree upon a procedure
for referral by the county to the city or by the city
to the county of
proposed actions and for comment upon those proposals.
In the absence of that agreement, the procedures prescribed
by this
chapter shall be followed.
(Added by Stats. 1983, Ch. 860; Amended by Stats. 1986,
Ch. 443.)
65919.2. A city which desires referrals from a county
or a county which desires referrals from a city pursuant
to this chapter shall
file with the county or the city, as the case may be,
a map or other appropriate document which indicates
the portion of the
county or the city, as the case may be, in its planning
review area.
(Added by Stats. 1983, Ch. 860; Amended by Stats. 1986,
Ch. 443.)
65919.3. Except as otherwise provided in Section 65919.10,
before the board of supervisors acts on a proposed
action, the county
shall refer the proposed action to each affected city,
and before the city council acts on a proposed action,
the city shall refer
the proposed action to the county, in accordance with
the procedure set forth in Sections 65919.4 and 65919.5.
(Added by Stats. 1983, Ch. 860; Amended by Stats. 1986,
Ch. 443.)
65919.4. (a) Not later than the date the county notices
the public hearing on a proposed action before the
county planning
commission, the county shall notify an affected city
of the nature of the proposed action.
(b) Not later than the date the city notices the public
hearing on a proposed action before the city planning
commission, the
city shall notify the county of the nature of the proposed
action.
(c) The information in the notification shall not be
less than the information contained in the notice of
public hearing. The
notification required by this section and by Section
65919.8 shall be given by first-class mail or by hand
delivery. The notice
shall also indicate the earliest date on which the board
of supervisors or city council, as the case may be,
can act on the
proposed action or the modification to the proposed
action.
(Added by Stats. 1983, Ch. 860; Amended by Stats. 1986,
Ch. 443.)
65919.5. The board of supervisors or city council to
which the proposed action is referred pursuant to Section
65919.3 shall have
45 days from the date the county or city, as the case
may be, mails or delivers the proposed action, or such
longer time as the
county or city, as the case may be, specifies or allows
at the request of the affected city or county, as the
case may be, to
review and to comment and to make recommendations on
the consistency of the proposed action with applicable
general and
specific plans and zoning ordinances of the affected
city or county. If the affected city or county does
not provide the
comments and recommendations to the referring county
or city within the 45-day period, or such longer time
as the referring
county or city has specified or allowed at the request
of the affected city or county, the board of supervisors
or city council
may act without considering those comments.
If the affected city or county provides the comments
and recommendations prior to the time that the planning
commission
acts on the proposed action, the planning commission
shall also consider the comments and recommendations.
(Added by Stats. 1983, Ch. 860; Amended by Stats. 1986,
Ch. 443.)
65919.6. Before acting upon a proposed action, the county
shall consider comments and recommendations received
from each
affected city and the city shall consider comments and
recommendations received from the county.
(Added by Stats. 1983, Ch. 860; Amended by Stats. 1986,
Ch. 443.)
65919.7. If the board of supervisors or city council
modifies and refers a proposed action back to the planning
commission
pursuant to Section 65356 or 65857, the board of supervisors
or city council, as the case may be, shall at the same
time refer
the modification to the proposed action to each affected
city or county in accordance with Sections 65919.8
and 65919.9.
(Added by Stats. 1983, Ch. 860; Amended by Stats. 1986,
Ch. 443.)
65919.8. The referral shall reasonably describe the
modification to the proposed action. Any city or county
to which the
modification is referred shall have 25 days from the
date of the referral, or such longer time as the referring
county or city
specifies or allows at the request of the affected city
or county, to review and to comment and to make recommendations
on
the consistency of the proposed action with applicable
general and specific plans and zoning ordinances of
the affected city or
county. If the affected city or county does not provide
the comments and recommendations to the referring county
or city
within the 25-day period, or such longer time as the
referring county or city has specified or allowed at
the request of the
affected city or county, the board of supervisors or
city council may act without considering those comments.
If the affected city or county provides the comments
and recommendations prior to the time that the planning
commission
acts on the proposed action, the planning commission
shall also consider the comments and recommendations.
If the planning commission fails to act, the modification
may become effective pursuant to Section 65356 or 65857,
without
consideration of the comments and recommendations.
(Added by Stats. 1983, Ch. 860; Amended by Stats. 1986,
Ch. 443.)
65919.9. Prior to acting on the modification, the board
of supervisors shall consider the comments and recommendations
received
from each affected city and the city council shall consider
the comments and recommendations from the county.
(Added by Stats. 1983, Ch. 860; Amended by Stats. 1986,
Ch. 443.)
65919.10. If the proposed action is a change in a zoning
ordinance, the county or city need not refer the zoning
proposal to an
affected city or county, as the case may be, if the
zoning proposal is consistent with the general plan
and the general plan
proposal was referred and acted upon pursuant to Sections
65919.4 to 65919.9, inclusive, as applicable.
(Added by Stats. 1983, Ch. 860; Amended by Stats. 1986,
Ch. 443.)
65919.11. Failure to comply with the procedural requirements
of this chapter shall not affect the validity of any
proposed action.
(Added by Stats. 1983, Ch. 860.)
65919.12. (Added by Stats. 1983, Ch. 860; Repealed by Stats. 1989, Ch. 1255.)