Section § 65919

Explanation

This law section defines key terms used in a chapter that involves city and county planning. An "affected city" is one where planning changes are being considered nearby. An "affected territory" is a piece of land outside city limits that's part of proposed planning actions. A "proposed action" means changing plans or zoning rules but doesn't include immediate changes made by specific ordinances. A "planning review area" is the land covered by a city's or county's general or specific plan, limited by the city's influence, a mile radius outside city limits, or an area agreed upon by the city and county.

As used in this chapter, the following terms have the following meanings:
(a)CA Government Code § 65919(a) “Affected city” means a city within whose planning review area an affected territory is located.
(b)CA Government Code § 65919(b) “Affected territory” means an area of land located in the unincorporated portion of a county that is the subject of one or more proposed actions.
(c)CA Government Code § 65919(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 that became effective immediately pursuant to subdivision (b) or (d) of Section 25123 or pursuant to Section 65858.
(d)CA Government Code § 65919(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 paragraph (2) or (3), whichever includes the largest area:
(1)CA Government Code § 65919(d)(1) The area included within the sphere of influence of the city.
(2)CA Government Code § 65919(d)(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)CA Government Code § 65919(d)(3) An area that is agreed upon and designated by a county and a city within the county.

Section § 65919.1

Explanation

This law section allows a county and a city in California to set up their own process for sharing and commenting on proposed actions. If they don't make their own agreement, they must use the processes outlined in this chapter.

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.

Section § 65919.2

Explanation

If a city wants to get input from a county, or a county wants input from a city concerning planning matters, they need to provide a map or similar document. This document should show the specific area within the county or city that they are focusing on for planning review.

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.

Section § 65919.3

Explanation

This law states that before making a decision on a proposed action, a county must inform each city that will be affected. Similarly, before a city council makes a decision, it must inform the county. This is done following specific procedures outlined in other sections of the law.

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.

Section § 65919.4

Explanation

This law section requires that counties and cities notify each other when they are planning a public hearing about a proposed action. The notification must include all the details found in the public hearing notice and must be delivered by first-class mail or by hand. Additionally, it should state the earliest date when either the board of supervisors or city council can make decisions about the proposal.

(a)CA Government Code § 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)CA Government Code § 65919.4(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)CA Government Code § 65919.4(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.

Section § 65919.5

Explanation

This law states that when a county or city wants to take a specific action, they must give a related city or county 45 days (or a longer period, if agreed upon) to review the action and provide comments or recommendations about whether it fits their zoning rules and plans. If the comments aren't provided in time, the county or city can proceed without them. If comments are given before the planning commission decides, the commission must consider them.

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.

Section § 65919.6

Explanation

Before making a decision on a proposed action, the county must review feedback and suggestions from affected cities. Similarly, cities must consider input from the county.

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.

Section § 65919.7

Explanation

When a board of supervisors or city council changes a proposed plan and sends it back to the planning commission for further review, they must also inform any city or county that will be affected by these changes. This is done to ensure that every relevant local authority is aware of the modifications as outlined in related sections.

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.

Section § 65919.8

Explanation

This law section explains how modifications to a proposed action are handled in terms of referrals to cities or counties. When a proposed modification is referred, cities or counties have 25 days, or more if allowed, to review it and provide comments about its alignment with local plans and zoning laws. If they don’t respond in time, the board or council can proceed without their input.

If responses are received before a planning commission's decision, the commission must consider them. If the planning commission doesn’t make a decision, the modification might go ahead without considering the feedback, as allowed by other legal provisions.

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.

Section § 65919.9

Explanation

Before making changes, the board of supervisors must review feedback from each city involved, and the city council should look at the county's feedback.

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.

Section § 65919.10

Explanation

If a county or city wants to change a zoning rule, they don't have to check with neighboring cities or counties, as long as the change matches the long-term general plan that was already shared and approved.

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 this chapter.

Section § 65919.11

Explanation

This law says that if the procedural steps outlined in this chapter aren't followed, it doesn't invalidate any proposed actions. In other words, not following the rules exactly won't stop something from moving forward legally.

Failure to comply with the procedural requirements of this chapter shall not affect the validity of any proposed action.