This title may be cited as the Planning and Zoning Law.
Planning and ZoningGeneral Provisions
Section § 65000
This section states that the official name for this title is the Planning and Zoning Law.
Planning and Zoning Law title citation naming
Section § 65001
This section states that the rules and definitions outlined in this specific article apply to how the entire title is interpreted, unless there's a specific situation that requires a different interpretation.
The definitions and general provisions contained in this article govern the construction of this title unless the context otherwise requires.
interpretation rules context-specific exceptions title construction
Section § 65002
This law defines what is included under the term "street." It's not just the roads you drive on but also covers highways, expressways, avenues, boulevards, parkways, lanes, alleys, and other pathways. It even includes subways, tunnels, bridges, and public easements like walkways and rights-of-way.
“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.
street definition public easement rights-of-way
Section § 65003
The term "right-of-way" refers to both public and private pathways or areas set aside for public use according to city planning documents like general or specific plans.
“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.
right-of-way public right-of-way private right-of-way
Section § 65006
This section states that Chapters 1, 2, and 3 continue the Conservation and Planning Act. It means that any plans or actions taken under this Act, like adopting master plans or forming planning commissions, remain valid and meet the requirements of these chapters.
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.
Conservation and Planning Act continuation of plans master plans
Section § 65007
This section defines key terms related to flood protection and management in California. "Adequate progress" involves meeting set standards for flood protection projects, with identified funding and active construction, without significant delays caused by the city or county. "Central Valley Flood Protection Plan," "developed area," "flood hazard zone," "nonurbanized area," "project levee," "Sacramento-San Joaquin Valley," "State Plan of Flood Control," "Tulare Lake basin," "undetermined risk area," "urban area," "urbanizing area," and "urban level of flood protection" are all defined here. Importantly, an "urban level of flood protection" must withstand significant floods that have a 1-in-200 chance of happening annually.
As used in this title, the following terms have the following meanings, unless the context requires otherwise:
(a)CA Government Code § 65007(a) “Adequate progress” means all of the following:
(1)CA Government Code § 65007(a)(1) The total project scope, schedule, and cost of the completed flood protection system have been developed to meet the appropriate standard of protection.
(2)Copy CA Government Code § 65007(a)(2)
(A)Copy CA Government Code § 65007(a)(2)(A) Revenues that are sufficient to fund each year of the project schedule developed in paragraph (1) have been identified and, in any given year and consistent with that schedule, at least 90 percent of the revenues scheduled to be received by that year have been appropriated
and are currently being expended.
(B)CA Government Code § 65007(a)(2)(A)(B) Notwithstanding subparagraph (A), for any year in which state funding is not appropriated consistent with an agreement between a state agency and a local flood management agency, the Central Valley Flood Protection Board may find that the local flood management agency is making adequate progress in working toward the completion of the flood protection system.
(3)CA Government Code § 65007(a)(3) Critical features of the flood protection system are under construction, and each critical feature is progressing as indicated by the actual expenditure of the construction budget funds.
(4)CA Government Code § 65007(a)(4) The city or county has not been responsible for a significant delay in the completion of the system.
(5)CA Government Code § 65007(a)(5) The local flood management agency shall provide the Department
of Water Resources and the Central Valley Flood Protection Board with the information specified in this subdivision sufficient to determine substantial completion of the required flood protection. The local flood management agency shall annually report to the Central Valley Flood Protection Board on the efforts in working toward completion of the flood protection system.
(b)CA Government Code § 65007(b) “Central Valley Flood Protection Plan” has the same meaning as that set forth in Section 9612 of the Water Code.
(c)CA Government Code § 65007(c) “Developed area” has the same meaning as that set forth in Section 59.1 of Title 44 of the Code of Federal Regulations.
(d)CA Government Code § 65007(d) “Flood hazard zone” means an area subject to flooding that is delineated as either a special hazard area or an area of moderate hazard on an official flood insurance rate map issued by the Federal Emergency
Management Agency. The identification of flood hazard zones does not imply that areas outside the flood hazard zones, or uses permitted within flood hazard zones, will be free from flooding or flood damage.
(e)CA Government Code § 65007(e) “National Federal Emergency Management Agency standard of flood protection” means the level of flood protection that is necessary to withstand flooding that has a 1-in-100 chance of occurring in any given year using criteria developed by the Federal Emergency Management Agency for application in the National Flood Insurance Program.
(f)CA Government Code § 65007(f) “Nonurbanized area” means a developed area or an area outside a developed area in which there are fewer than 10,000 residents that is not an urbanizing area.
(g)CA Government Code § 65007(g) “Project levee” means any levee that is part of the facilities of the State Plan of Flood Control.
(h)CA Government Code § 65007(h) “Sacramento-San Joaquin Valley” means lands in the bed or along or near the banks of the Sacramento River or San Joaquin River, or their tributaries or connected therewith, or upon any land adjacent thereto, or within the overflow basins thereof, or upon land susceptible to overflow therefrom. The Sacramento-San Joaquin Valley does not include lands lying within the Tulare Lake basin, including the Kings River.
(i)CA Government Code § 65007(i) “State Plan of Flood Control” has the same meaning as that set forth in subdivision (j) of Section 5096.805 of the Public Resources Code.
(j)CA Government Code § 65007(j) “Tulare Lake basin” means the Tulare Lake Hydrologic Region as defined in the California Water Plan Update 2009, prepared by the Department of Water Resources pursuant to Chapter 1 (commencing with Section 10004) of Part 1.5 of Division 6 of the Water Code.
(k)CA Government Code § 65007(k) “Undetermined risk area” means an urban or urbanizing area within a moderate flood hazard zone, as delineated on an official flood insurance rate map issued by the Federal Emergency Management Agency, which has not been determined to have an urban level of protection.
(l)CA Government Code § 65007(l) “Urban area” means a developed area in which there are 10,000 residents or more.
(m)CA Government Code § 65007(m) “Urbanizing area” means a developed area or an area outside a developed area that is planned or anticipated to have 10,000 residents or more within the next 10 years.
(n)CA Government Code § 65007(n) “Urban level of flood protection” means the level of protection that is necessary to withstand flooding that has a 1-in-200 chance of occurring in any given year using criteria consistent with, or developed by, the Department of
Water Resources. “Urban level of flood protection” shall not mean shallow flooding or flooding from local drainage that meets the criteria of the national Federal Emergency Management Agency standard of flood protection.
flood protection standards adequate progress flood hazard zone
Section § 65008
This law ensures that local governments in California cannot deny or discriminate against people regarding housing or land use due to characteristics like age, lawful occupation, or income level. It also covers financing methods and intended occupancy of developments for low to middle-income families. Local agencies cannot impose different requirements on government-assisted housing developments compared to non-assisted ones.
Zoning laws for housing older people in Riverside County and preferential treatment for government-assisted developments are allowed under specific conditions. The law seeks to remove barriers to housing for very low to middle-income families and emergency shelters, as it's a matter of statewide interest.
(a)CA Government Code § 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)Copy CA Government Code § 65008(a)(1)
(A)Copy CA Government Code § 65008(a)(1)(A) The lawful occupation, age, or any characteristic of the individual or group of individuals listed in subdivision (a) or (d) of Section 12955, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955 and Section 12955.2.
(B)CA Government Code § 65008(a)(1)(A)(B) Notwithstanding subparagraph (A), with respect to familial
status, subparagraph (A) shall not be construed to apply to housing for older persons, as defined in Section 12955.9. With respect to familial status, nothing in subparagraph (A) shall be construed to affect Sections 51.2, 51.3, 51.4, 51.10, 51.11, and 799.5 of the Civil Code, relating to housing for senior citizens. Subdivision (d) of Section 51, Section 4760, and Section 6714 of the Civil Code, and subdivisions (n), (o), and (p) of Section 12955 of this code shall apply to subparagraph (A).
(2)CA Government Code § 65008(a)(2) The method of financing of any residential development of the individual or group of individuals.
(3)CA Government Code § 65008(a)(3) The intended occupancy of any residential development by persons or families of very low, low, moderate, or middle income.
(b)Copy CA Government Code § 65008(b)
(1)Copy CA Government Code § 65008(b)(1) No city, county, city and county, or other local governmental agency shall, in the enactment or administration of ordinances pursuant to any law, including this title, prohibit or discriminate against any residential development or emergency shelter for any of the following reasons:
(A)CA Government Code § 65008(b)(1)(A) Because of the method of financing.
(B)Copy CA Government Code § 65008(b)(1)(B)
(i)Copy CA Government Code § 65008(b)(1)(B)(i) Because of the lawful occupation, age, or any characteristic listed in subdivision (a) or (d) of Section 12955, as those characteristics are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the owners or intended occupants of the residential development or emergency shelter.
(ii)CA Government Code § 65008(b)(1)(B)(i)(ii) Notwithstanding clause (i), with respect to familial status, clause (i) shall not be construed to apply to housing for older persons, as defined in Section 12955.9. With respect to familial status, nothing in clause (i) shall be construed to affect Sections 51.2, 51.3, 51.4, 51.10, 51.11, and 799.5 of the Civil Code, relating to housing for senior citizens. Subdivision (d) of Section 51, Section 4760, and Section 6714 of the Civil Code, and subdivisions (n), (o), and (p) of Section 12955 of this code shall apply to clause (i).
(C)CA Government Code § 65008(b)(1)(C) Because the development or shelter is intended for occupancy by persons and families of very low, low, or moderate income, as defined in Section 50093 of the Health and Safety Code, or persons and families of middle income.
(D)CA Government Code § 65008(b)(1)(D) Because the
development consists of a multifamily residential project that is consistent with both the jurisdiction’s zoning ordinance and general plan as they existed on the date the application was deemed complete, except that a project shall not be deemed to be inconsistent with the zoning designation for the site if that zoning designation is inconsistent with the general plan only because the project site has not been rezoned to conform with a more recently adopted general plan.
(2)CA Government Code § 65008(b)(2) The discrimination prohibited by this subdivision includes the denial or conditioning of a residential development or shelter because of, in whole or in part, either of the following:
(A)CA Government Code § 65008(b)(2)(A) The method of financing.
(B)CA Government Code § 65008(b)(2)(B) The occupancy of the development
by persons protected by this subdivision, including, but not limited to, persons and families of very low, low, or moderate income.
(3)CA Government Code § 65008(b)(3) A city, county, city and county, or other local government agency may not, pursuant to subdivision (d) of Section 65589.5, disapprove a housing development project or condition approval of a housing development project in a manner that renders the project infeasible if the basis for the disapproval or conditional approval includes any of the reasons prohibited in paragraph (1) or (2).
(c)CA Government Code § 65008(c) 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)Copy CA Government Code § 65008(d)
(1)Copy CA Government Code § 65008(d)(1) No city, county, city and county, or other local governmental agency may impose different requirements on a residential development or emergency shelter that is subsidized, financed, insured, or otherwise assisted by the federal or state government 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). The discrimination prohibited by this subdivision includes the denial or conditioning of a residential development or emergency shelter based in whole or in part on the fact that the development is subsidized, financed, insured, or otherwise assisted as described in this paragraph.
(2)Copy CA Government Code § 65008(d)(2)
(A)Copy CA Government Code § 65008(d)(2)(A) No city, county, city and
county, or other local governmental agency may, because of the lawful occupation age, or any characteristic of the intended occupants listed in subdivision (a) or (d) of Section 12955, as those characteristics are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 or because the development is intended for occupancy by persons and families of very low, low, moderate, or middle income, impose different requirements on these residential developments than those imposed on developments generally, except as provided in subdivision (e).
(B)CA Government Code § 65008(d)(2)(A)(B) Notwithstanding subparagraph (A), with respect to familial status, subparagraph (A) shall not be construed to apply to housing for older persons, as defined in Section 12955.9. With respect to familial status, nothing in subparagraph (A)
shall be construed to affect Sections 51.2, 51.3, 51.4, 51.10, 51.11, and 799.5 of the Civil Code, relating to housing for senior citizens. Subdivision (d) of Section 51, Section 4760, and Section 6714 of the Civil Code, and subdivisions (n), (o), and (p) of Section 12955 of this code shall apply to subparagraph (A).
(e)CA Government Code § 65008(e) Notwithstanding subdivisions (a) to (d), inclusive, this section and this title do not prohibit either of the following:
(1)CA Government Code § 65008(e)(1) The County of Riverside from enacting and enforcing zoning to provide housing for older persons, in accordance with state or federal law, if that zoning was enacted prior to January 1, 1995.
(2)CA Government Code § 65008(e)(2) Any city, county, or city and county from extending preferential treatment to residential
developments or emergency shelters assisted by the federal or state government 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 that reduce development costs of these developments.
(f)CA Government Code § 65008(f) For purposes of this
section, both of the following shall apply:
(1)CA Government Code § 65008(f)(1) “Method of financing” includes the eligibility to claim a welfare exemption under subdivision (g) of Section 214 of the Revenue and Taxation Code.
(2)CA Government Code § 65008(f)(2) “Residential
development” means a single-family residence or a multifamily residence, including manufactured homes, as defined in Section 18007 of the Health and Safety Code.
(g)CA Government Code § 65008(g) This section shall apply to chartered cities.
(h)CA Government Code § 65008(h) The Legislature finds and declares that discriminatory practices that inhibit the development of housing for persons and families of very low, low, moderate, and middle incomes, or emergency shelters for the homeless, are a matter of statewide concern.
housing discrimination land use local government
Section § 65009
This California law aims to address the housing crisis by streamlining the process for housing project approvals and reducing delays caused by legal challenges. It restricts the arguments you can use in legal actions against city or county decisions to those raised in public hearings or through prior written communication unless certain exceptions apply.
Legal actions must generally start within 90 days of a decision, except in some housing-related cases. There's a specific focus on decisions tied to housing for low to middle-income families, with particular timelines for starting legal proceedings. The law is intended to create certainty for both developers and local governments, limiting the time people have to challenge planning decisions. Importantly, these rules also apply to charter cities.
(a)Copy CA Government Code § 65009(a)
(1)Copy CA Government Code § 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)CA Government Code § 65009(a)(2) The Legislature further finds and declares that a legal action or proceeding 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 or proceedings filed to attack, review, set aside, void, or annul a decision of a city, county, or city and county pursuant to this division, including, but not limited to, the implementation of general
plan goals and policies that provide incentives for affordable housing, open-space and recreational opportunities, and other related public benefits, can prevent the completion of needed developments even though the projects have received required governmental approvals.
(3)CA Government Code § 65009(a)(3) The purpose of this section is to provide certainty for property owners and local governments regarding decisions made pursuant to this division.
(b)Copy CA Government Code § 65009(b)
(1)Copy CA Government Code § 65009(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)CA Government Code § 65009(b)(1)(A) The issue could not have been raised at the public hearing by persons exercising reasonable diligence.
(B)CA Government Code § 65009(b)(1)(B) The body conducting the public hearing prevented the issue from being raised at the public hearing.
(2)CA Government Code § 65009(b)(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)CA Government Code § 65009(b)(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 clerk of the board of supervisors. 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 clerk of the board of supervisors pursuant to subdivision (d), or both.
(c)Copy CA Government Code § 65009(c)
(1)Copy CA Government Code § 65009(c)(1) Except as provided in subdivision (d), 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:
(A)CA Government Code § 65009(c)(1)(A) 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.
(B)CA Government Code § 65009(c)(1)(B) To attack, review, set aside, void, or annul the decision of a legislative body to adopt or amend a zoning ordinance.
(C)CA Government Code § 65009(c)(1)(C) To determine the reasonableness, legality, or validity of any decision to adopt or amend any
regulation attached to a specific plan.
(D)CA Government Code § 65009(c)(1)(D) 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.
(E)CA Government Code § 65009(c)(1)(E) To attack, review, set aside, void, or annul any decision on the matters listed in Sections 65901 and 65903, or to determine the reasonableness, legality, or validity of any condition attached to
a variance, conditional use permit, or any other permit.
(F)CA Government Code § 65009(c)(1)(F) Concerning any of the proceedings, acts, or determinations taken, done, or made prior to any of the decisions listed in subparagraphs (A), (B), (C), (D), and (E).
(2)CA Government Code § 65009(c)(2) In the case of an action or proceeding challenging the adoption or revision of a housing element pursuant to this subdivision, the action or proceeding may, in addition, be maintained if it is commenced and service is made on the legislative body within 60 days following the date that the Department of Housing and Community Development reports its findings pursuant to subdivision (h) of Section 65585.
(d)Copy CA Government Code § 65009(d)
(1)Copy CA Government Code § 65009(d)(1) An action or proceeding shall be commenced and the legislative body served
after the accrual of the cause of action as provided in this subdivision, if the action or proceeding meets both of the following requirements:
(A)CA Government Code § 65009(d)(1)(A) It is brought in support of or to encourage or facilitate the development of housing that would increase the community’s supply of housing affordable to persons and families with low or moderate incomes, as defined in Section 50079.5 of the Health and Safety Code, or with very low incomes, as defined in Section 50105 of the Health and Safety Code, or middle-income households, as defined in Section 65008 of this code. This subdivision is not intended to require that the action or proceeding be brought in support of or to encourage or facilitate a specific housing development project.
(B)CA Government Code § 65009(d)(1)(B) It is brought with respect to the adoption or
revision of a housing element pursuant to Article 10.6 (commencing with Section 65580) of Chapter 3, actions taken pursuant to Section 65863.6, or Chapter 4.2 (commencing with Section 65913), or to challenge the adequacy of an ordinance adopted pursuant to Section 65915.
(2)Copy CA Government Code § 65009(d)(2)
(A)Copy CA Government Code § 65009(d)(2)(A) An action or proceeding challenging the adoption or revision of a housing element that the Department of Housing and Community Development has found to substantially comply with the requirements of Article 10.6 (commencing with Section 65580) of Chapter 3 shall be commenced, and the legislative body shall be served, within six months after the accrual of the cause of action as provided in this subdivision.
(B)CA Government Code § 65009(d)(2)(A)(B) An action or proceeding challenging the adoption or revision of
a housing element that the Department of Housing and Community Development has found does not substantially comply with the requirements of Article 10.6 (commencing with Section 65580) of Chapter 3, where the legislative body has failed to change the draft element or amendment to substantially comply with the requirements of Article 10.6 or has adopted the draft element or amendment without change and made findings pursuant to subdivision (f) of Section 65585, shall be commenced, and the legislative body shall be served, within one year after the accrual of the cause of action as provided in this subdivision.
(C)CA Government Code § 65009(d)(2)(A)(C) An action or proceeding challenging an action taken pursuant to Section 65863.6, or Chapter 4.2 (commencing with Section 65913), or to challenge the adequacy of an ordinance adopted pursuant to Section 65915 shall be served within 180 days after
the accrual of the cause of action as provided in this subdivision.
(3)Copy CA Government Code § 65009(d)(3)
(A)Copy CA Government Code § 65009(d)(3)(A) A cause of action brought pursuant to this subdivision shall not be maintained until 60 days have expired following notice to the city or clerk of the board of supervisors by the party bringing the cause of action, or the party’s representative, specifying the deficiencies of the general plan, specific plan, zoning ordinance, or other action described in subparagraph (B) of paragraph (1). 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.
(B)CA Government Code § 65009(d)(3)(A)(B) This notice may be filed at any time within 270 days after an action described in subparagraph (A) of
paragraph (2), two years after an action described in subparagraph (B) of paragraph (2), or 180 days after an action described in subparagraph (C) of paragraph (2).
(4)CA Government Code § 65009(d)(4) 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.
(5)CA Government Code § 65009(d)(5) After the adoption of a housing element covering the current planning period, no action shall be filed pursuant to this subdivision to challenge a housing element covering a prior planning period.
(e)CA Government Code § 65009(e) Upon the expiration of the time limits provided for in this section, all persons are barred from any further action or
proceeding.
(f)Copy CA Government Code § 65009(f)
(1)Copy CA Government Code § 65009(f)(1) The period of time before a permit or project approval issued by a city, county, or state agency expires shall not include the period of time during which an action or proceeding involving the approval or conditional approval of the permit or project approval is or was pending.
(2)CA Government Code § 65009(f)(2) For purposes of this subdivision:
(A)CA Government Code § 65009(f)(2)(A) “Pending” means the same as described in Section 1049 of the Code of Civil Procedure.
(B)CA Government Code § 65009(f)(2)(B) “Permit” means a variance, conditional use permit, or any other development
permit, but does not include any of the following:
(i)CA Government Code § 65009(f)(2)(B)(i) A building permit or other permit issued under the California Building Standards Code (Title 24 of the California Code of Regulations) or any applicable local building code for the construction, demolition, or alteration of buildings, whether discretionary or nondiscretionary.
(ii)CA Government Code § 65009(f)(2)(B)(ii) A permit for minor or standard excavation and grading.
(iii)CA Government Code § 65009(f)(2)(B)(iii) A permit for demolition.
(iv)CA Government Code § 65009(f)(2)(B)(iv) A permit for minor or standard excavation and grading.
(v)CA Government Code § 65009(f)(2)(B)(v) Any nondiscretionary permit or review that is required or issued by the local agency after the entitlement process has been completed to begin construction.
(g)CA Government Code § 65009(g) Notwithstanding Sections 65700 and 65803, or any other provision of law, this section shall apply to charter cities.
(h)CA Government Code § 65009(h) 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.
(i)CA Government Code § 65009(i) Except
as provided in subparagraph (D) of paragraph (1) 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.
housing crisis project approval delays legal challenges
Section § 65009.1
This law outlines the consequences for cities, counties, or local agencies in California that fail to comply with state housing laws. If these entities don't adopt required housing plans on time or wrongly deny housing project applications, they can face serious penalties.
Penalties include monthly fines, costs of legal actions, and other court-ordered measures. Penalties will only be applied if actions are considered unreasonable or unfair. Any fines collected go towards affordable housing projects in the area or can be used statewide if not spent in five years.
The statute emphasizes prompt adherence to laws that ensure housing plans are updated and that projects get the necessary approvals without unnecessary delays. It applies to all cities, including those with their own charters, and doesn't affect other rights to sue for enforcement.
(a)CA Government Code § 65009.1(a) In any action brought by the Attorney General or the Department of Housing and Community Development to enforce the adoption of housing element revisions pursuant to the schedule set forth in subdivision (e) of Section 65588, or to enforce any state law that requires a city, county, or local agency to ministerially approve, without discretionary review, any planning or permitting application related to a housing
development project, the city, county, or local agency shall be subject to the following remedies:
(1)CA Government Code § 65009.1(a)(1) A civil penalty of, at minimum, ten thousand dollars ($10,000) per month, and not exceeding fifty thousand dollars ($50,000) per month, for each violation, accrued from the date of the violation until the date the violation is cured.
(2)Copy CA Government Code § 65009.1(a)(2)
(A)Copy CA Government Code § 65009.1(a)(2)(A) All costs of investigating and prosecuting this action, including expert fees, reasonable attorney’s fees, and costs, whenever the Attorney General or the department prevails in a civil action to enforce any state laws under this section.
(B)CA Government Code § 65009.1(a)(2)(A)(B) Awards imposed
pursuant to this paragraph shall be paid to the Public Rights Law Enforcement Special Fund established by Section 12530.
(3)Copy CA Government Code § 65009.1(a)(3)
(A)Copy CA Government Code § 65009.1(a)(3)(A) Other relief as the court deems appropriate, including equitable and injunctive relief, provisional or otherwise.
(B)CA Government Code § 65009.1(a)(3)(A)(B) Any injunction, provisional or otherwise, ordered by the court pursuant to this paragraph shall be deemed to be prohibitory, and not affirmative.
(b)CA Government Code § 65009.1(b) The penalties set forth in this section shall only apply when the local agency’s acts or omissions described in subdivision (a) are arbitrary, capricious, entirely lacking in evidentiary support, contrary to established public policy, unlawful, or procedurally unfair. The purpose of this section is to ensure
adequate remedies are available to ensure that state laws mandating streamlined, ministerial approvals related to housing development projects, and the timely adoption of housing element revisions, are promptly and faithfully followed.
(c)Copy CA Government Code § 65009.1(c)
(1)Copy CA Government Code § 65009.1(c)(1) Any civil penalty levied pursuant to this section shall be deposited into the Building Homes and Jobs Trust Fund for the sole purpose of supporting the development of affordable housing located in the affected jurisdiction. Expenditure of any penalty moneys deposited into the Building Homes and Jobs Trust Fund pursuant to this subdivision shall be subject to appropriation by the Legislature.
(2)CA Government Code § 65009.1(c)(2) Any penalty imposed pursuant to this section shall not be paid out of funds already dedicated to affordable housing, including,
but not limited to, very low, low-, and moderate-income households.
(3)CA Government Code § 65009.1(c)(3) To the extent permitted under the California Constitution, in the event a city, county, or local agency fails to pay civil penalties imposed by the court, the court may require the Controller to intercept any available state and local funds and direct those funds to the Building Homes and Jobs Trust Fund to correct the jurisdiction’s failure to pay.
(4)CA Government Code § 65009.1(c)(4) Notwithstanding paragraph (1), if the penalty moneys have not been expended five years after deposit, the penalty moneys may be used, upon appropriation, to finance newly constructed affordable housing units in the state without any geographic restrictions.
(d)Copy CA Government Code § 65009.1(d)
(1)Copy CA Government Code § 65009.1(d)(1) The liability, penalties, and remedies imposed by this section are in addition to any other liability, penalties, and remedies imposed by any other law.
(2)CA Government Code § 65009.1(d)(2) For actions brought under this section to enforce the adoption of housing element revisions pursuant to the schedule set forth in subdivision (e) of Section 65588, and where a city, county, or local agency, despite a court order, fails to meet the timelines specified in Section 65754, all of the following apply:
(A)CA Government Code § 65009.1(d)(2)(A) Unless already imposed by the court, the court shall modify its prior order directing a city, county, or local agency to comply with Section 65754 to impose the maximum
penalty of fifty thousand dollars ($50,000) per month, as specified in paragraph (1) of subdivision (a) of this section, for each additional month until the city, county, or local agency has substantially complied with Section 65754.
(B)CA Government Code § 65009.1(d)(2)(B) Unless already imposed by the court, the court shall also modify its prior order directing a city, county, or local agency, to comply with Section 65754 to impose all of the remedial provisions set forth in subdivision (a) of Section 65755, until the local agency has substantially complied with Section 65754.
(C)CA Government Code § 65009.1(d)(2)(C) An order imposing remedial provisions set forth in subdivision (a) of Section 65755, including any order entered pursuant to
subparagraph (B) of this paragraph, shall not suspend the city, county, or local agency’s authority to issue any type of approval identified in paragraphs (1), (2), and (3) of subdivision (a) of Section 65755 that is necessary for new housing development projects that are subject to any of the following:
(i)CA Government Code § 65009.1(d)(2)(C)(i) Subdivision (c) of Section 65755.
(ii)CA Government Code § 65009.1(d)(2)(C)(ii) Subdivision (d) of Section 65589.5.
(iii)CA Government Code § 65009.1(d)(2)(C)(iii) Any other statutory provision that requires a city, county, or local agency to ministerially approve, without discretionary review, a housing development project.
(iv)CA Government Code § 65009.1(d)(2)(C)(iv) Any other housing development project, as defined in paragraph (2) of subdivision (h) of Section
65589.5 where the applicant establishes that approval of the project will not significantly impair the ability of the city, county, or local agency to comply with Section 65754.
(e)Copy CA Government Code § 65009.1(e)
(1)Copy CA Government Code § 65009.1(e)(1) The remedies available to the Attorney General
and the department pursuant to this section apply to all cities, including charter cities, and do not limit or affect the remedies available to any other party seeking to enforce the laws enumerated in subdivision (j) of Section 65585, including, but not limited to, the remedies in Article 14 (commencing with Section 65750) of Chapter 3, and attorneys’ fees pursuant to Section 1021.5 of the Code of Civil Procedure.
(2)CA Government Code § 65009.1(e)(2) The remedies in Article 14 (commencing with Section 65750) of Chapter 3 apply to actions against all cities, including charter cities, to enforce the requirements of Section 65585 as a mandatory element of a general plan under Article 5 (commencing with
Section 65300) of Chapter 3. This paragraph is declaratory of existing law.
housing development enforcement civil penalties housing element revisions
Section § 65010
This section explains that in proceedings covered by this rule, the usual strict rules of evidence and procedure that apply in court cases are not used unless a public agency chooses to enforce them through its own rules. Actions or decisions by public agencies concerning these proceedings cannot be invalidated just because of evidence issues or minor procedural mistakes, unless it can be proven that these mistakes caused significant harm and might have changed the outcome.
Essentially, not every error leads to a reversal of decisions unless it is shown to have materially affected the result.
(a)CA Government Code § 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)CA Government Code § 65010(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.
formal rules of evidence judicial actions public agency
