(California Government Code)
TITLE 7. PLANNING AND LAND USE
DIVISION 1. PLANNING AND ZONING
Chapter 9.3
Mediation and Resolution of Land Use Disputes
66030. (a) The Legislature finds and declares all of
the following:
(1) Current law provides that aggrieved agencies, project
proponents, and affected residents may bring suit against
the land
use decisions of state and local governmental agencies.
In practical terms, nearly anyone can sue once a project
has been
approved.
(2) Contention often arises over projects involving
local general plans and zoning, redevelopment plans,
the California
Environmental Quality Act (Division 13 (commencing with
Section 21000) of the Public Resources Code), development
impact fees, annexations and incorporations, and the
Permit Streamlining Act (Chapter 4.5 (commencing with
Section 65920)).
(3) When a public agency approves a development project
that is not in accordance with the law, or when the
prerogative to
bring suit is abused, lawsuits can delay development,
add uncertainty and cost to the development process,
make housing more
expensive, and damage California's competitiveness.
This litigation begins in superior court, and often
progresses on appeal to
the Court of Appeal and the Supreme Court, adding to
the workload of the state's already overburdened judicial
system.
(b) It is, therefore, the intent of the Legislature
to help litigants resolve their differences by establishing
formal mediation
processes for land use disputes. In establishing these
mediation processes, it is not the intent of the Legislature
to interfere with
the ability of litigants to pursue remedies through
the courts.
(Added by Stats. 1994, Ch. 300.)
66031. (a) Notwithstanding any other provision of law,
any action brought in the superior court relating to
any of the following
subjects may be subject to a mediation proceeding conducted
pursuant to this chapter:
(1) The approval or denial by a public agency of any
development project.
(2) Any act or decision of a public agency made pursuant
to the California Environmental Quality Act (Division
13
(commencing with Section 21000) of the Public Resources
Code).
(3) The failure of a public agency to meet the time
limits specified in Chapter 4.5 (commencing with Section
65920),
commonly known as the Permit Streamlining Act, or in
the Subdivision Map Act (Division 2 (commencing with
Section
66410)).
(4) Fees determined pursuant to Sections 53080 to 53082,
inclusive or Chapter 4.9 (commencing with Section 65995).
(5) Fees determined pursuant to Chapter 5 (commencing
with Section 66000).
(6) The adequacy of a general plan or specific plan
adopted pursuant to Chapter 3 (commencing with Section
65100).
(7) The validity of any sphere of influence, urban service
area, change of organization or reorganization, or
any other
shall be subject to this chapter unless a later enacted
statute which is chaptered
before January 1, 2002, extends this date or deletes
this section.
(Added by Stats. 1994, Ch. 300.)