Section § 65900

Explanation

Cities and counties can set up either or both a board of zoning adjustment and a zoning administrator by passing a local law. They can also create a board of appeals. Members of these boards may be paid for attending meetings. They can also be reimbursed for travel costs to attend meetings within the city or county.

The legislative body of a city or county may, by ordinance, create and establish either a board of zoning adjustment, or the office of zoning administrator or both. It may also, by ordinance, create and establish a board of appeals. Members of a board of zoning adjustment and members of a board of appeals may receive compensation for their attendance at each meeting of their respective boards in a sum to be fixed by the legislative body by which they are appointed. In addition, they may also receive reasonable traveling expenses to and from the usual place of business of such board to any place of meeting of the board within the county or city.

Section § 65901

Explanation

This law section gives authority to the board of zoning adjustment or the zoning administrator to decide on applications for special land use permits and variances from zoning rules. The zoning ordinance must outline the criteria for these decisions. The board or administrator can also perform other duties as defined by local rules and set up procedures for their operations.

Additionally, a city or county can authorize these bodies to grant zoning variances without a public hearing. To do this, an ordinance must specify which types of variances can be granted and how much flexibility the board or administrator is allowed in making these decisions.

(a)CA Government Code § 65901(a) The board of zoning adjustment or zoning administrator shall hear and decide applications for conditional uses or other permits when the zoning ordinance provides therefor and establishes criteria for determining those matters, and applications for variances from the terms of the zoning ordinance. The board of zoning adjustment or the zoning administrator may also exercise any other powers granted by local ordinance, and may adopt all rules and procedures necessary or convenient for the conduct of the board’s or administrator’s business.
(b)CA Government Code § 65901(b) In accordance with the requirements for variances specified in Section 65906, the legislative body of the city or county may, by ordinance, authorize the board of zoning adjustment or zoning administrator to decide applications for variance from the terms of the zoning ordinance without a public hearing on the application. That ordinance shall specify the kinds of variances which may be granted by the board of zoning adjustment or zoning administrator, and the extent of variation which the board of zoning adjustment or zoning administrator may allow.

Section § 65902

Explanation

If there is no zoning board or zoning administrator, the planning commission will take on their responsibilities. Also, a county's legislative body can decide that an area planning commission should handle these zoning duties in a specific part of the county.

In the event that neither a board of zoning adjustment or the office of a zoning administrator has been created and established, the planning commission shall exercise all of the functions and duties of said board or said administrator.
The legislative body of a county may provide that an area planning commission shall exercise all of the functions and duties of a board of zoning adjustment or a zoning administrator in a prescribed portion of the county.

Section § 65903

Explanation

This law states that if a local government has set up a board of appeals, that board is responsible for handling appeals regarding decisions made by the board of zoning adjustment or the zoning administrator. The process for these appeals follows local rules. The board can either change, confirm, or adjust the decision being appealed, and whatever the board decides is final.

A board of appeals, if one has been created and established by local ordinance, shall hear and determine appeals from the decisions of the board of zoning adjustment or the zoning administrator, as the case may be. Procedures for such appeals shall be as provided by local ordinance. Such board may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from, and may make such order, requirement, decision, or determination as should be made, and such action shall be final.

Section § 65904

Explanation

This law states that if there is no formal board of appeals in place, the local government (like a city council or county board) will take over the responsibilities of this board. They must perform these duties just like the board of appeals would, as outlined in another section of the law (Section 65903).

If a board of appeals has not been created and established the local legislative body shall exercise all of the functions and duties of the board of appeals in the same manner and to the same effect as provided in Section 65903.

Section § 65905

Explanation

This law states that a public hearing is required for certain zoning-related matters. These include requests to deviate from zoning rules (variances), applications for special permissions to use land in a specific way (conditional use permits), changes to existing permissions, or appeals about these decisions. Additionally, the law specifies that notice of such hearings must be given according to another law, Section 65091.

(a)CA Government Code § 65905(a) Except as otherwise provided by this article, a public hearing shall be held on an application for a variance from the requirements of a zoning ordinance, an application for a conditional use permit or equivalent development permit, a proposed revocation or modification of a variance or use permit or equivalent development permit, or an appeal from the action taken on any of those applications.
(b)CA Government Code § 65905(b) Notice of a hearing held pursuant to subdivision (a) shall be given pursuant to Section 65091.

Section § 65905.5

Explanation

This law limits the number of public hearings that a city or county can hold for a proposed housing development to five, as long as the project meets existing general and zoning standards when the application is considered complete. If any hearing is continued, it counts towards the five-hearing limit. Cities and counties must decide on applications within these hearings according to the Permit Streamlining Act timelines.

'Deemed complete' means the application meets all outlined requirements at submission. 'Hearing' covers public meetings regarding the housing project but not legislative changes like zoning or plan amendments.

A 'housing development project' includes any proposed construction that complies with general plan standards, even if the project site’s zoning doesn't match. The law reinforces existing interpretations, ensuring projects adhere to general plans and encourages development at allowed densities. Amendments don't change the law's essence but cannot affect applications submitted before 2022.

(a)CA Government Code § 65905.5(a) Notwithstanding any other law, if a proposed housing development project complies with the applicable, objective general plan and zoning standards in effect at the time an application is deemed complete, after the application is deemed complete, a city, county, or city and county shall not conduct more than five hearings pursuant to Section 65905, or any other law, ordinance, or regulation requiring a public hearing in connection with the approval of that housing development project. If the city, county, or city and county continues a hearing subject to this section to another date, the continued hearing shall count as one of the five hearings allowed under this section. The city, county, or city and county shall consider and either approve or disapprove the application at any of the five hearings allowed under this section consistent with the applicable timelines under the Permit Streamlining Act (Chapter 4.5 (commencing with Section 65920)).
(b)CA Government Code § 65905.5(b) For purposes of this section:
(1)CA Government Code § 65905.5(b)(1) “Deemed complete” means that the application has met all of the requirements specified in the relevant list compiled pursuant to Section 65940 that was available at the time when the application was submitted.
(2)CA Government Code § 65905.5(b)(2) “Hearing” includes any public hearing, workshop, or similar meeting, including any appeal, conducted by the city or county with respect to the housing development project, including any meeting relating to Section 65915, whether by the legislative body of the city or county, the planning agency established pursuant to Section 65100, or any other agency, department, board, commission, or any other designated hearing officer or body of the city or county, or any committee or subcommittee thereof. “Hearing” does not include a hearing to review a legislative approval, including any appeal, required for a proposed housing development project, including, but not limited to, a general plan amendment, a specific plan adoption or amendment, or a zoning amendment, or any hearing arising from a timely appeal of the approval or disapproval of a legislative approval.
(3)Copy CA Government Code § 65905.5(b)(3)
(A)Copy CA Government Code § 65905.5(b)(3)(A) “Housing development project” has the same meaning as defined in paragraph (2) of subdivision (h) of Section 65589.5.
(B)CA Government Code § 65905.5(b)(3)(A)(B) “Housing development project” includes, but is not limited to, projects that involve no discretionary approvals and projects that involve both discretionary and nondiscretionary approvals.
(C)CA Government Code § 65905.5(b)(3)(A)(C) “Housing development project” includes a proposal to construct a single dwelling unit. This subparagraph shall not affect the interpretation of the scope of paragraph (2) of subdivision (h) of Section 65589.5.
(c)Copy CA Government Code § 65905.5(c)
(1)Copy CA Government Code § 65905.5(c)(1) For purposes of this section, a housing development project shall be deemed consistent, compliant, and in conformity with an applicable plan, program, policy, ordinance, standard, requirement, or other similar provision if there is substantial evidence that would allow a reasonable person to conclude that the housing development project is consistent, compliant, or in conformity. The receipt of a density bonus including any incentives, concessions, or waivers pursuant to Section 65915 shall not constitute a valid basis on which to find that a proposed housing development project is inconsistent, not in compliance, or not in conformity, with an applicable plan, program, policy, ordinance, standard, requirement, or other similar provision.
(2)CA Government Code § 65905.5(c)(2) A proposed housing development project is not inconsistent with the applicable zoning standards and criteria, and shall not require a rezoning, if the housing development project is consistent with the objective general plan standards and criteria, but the zoning for the project site is inconsistent with the general plan. If the local agency complies with the written documentation requirements of paragraph (2) of subdivision (j) of Section 65589.5, the local agency may require the proposed housing development project to comply with the objective standards and criteria of the zoning that is consistent with the general plan; however, the standards and criteria shall be applied to facilitate and accommodate development at the density allowed on the site by the general plan and proposed by the proposed housing development project.
(d)CA Government Code § 65905.5(d) Nothing in this section supersedes, limits, or otherwise modifies the requirements of, or the standards of review pursuant to, Division 13 (commencing with Section 21000) of the Public Resources Code.
(e)CA Government Code § 65905.5(e) The amendments to subdivisions (b) and (c) made by the act adding this subdivision do not constitute a change in, but are declaratory of, existing law. However, the amendments to this section in subparagraph (B) of paragraph (3) of subdivision (b) shall not affect a project for which an application was submitted to the city, county, or city and county before January 1, 2022.

Section § 65906

Explanation

This law explains that a variance from local zoning rules can only be given when a specific property has unique features, like an unusual size or location, that make following the zoning rules unfair compared to other nearby properties with the same zoning. If a variance is granted, it must not give special advantages not allowed to other properties nearby. Variances cannot permit property uses not allowed by current zoning laws. This does not cover conditional use permits.

Variances from the terms of the zoning ordinances shall be granted only when, because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification.
Any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated.
A variance shall not be granted for a parcel of property which authorizes a use or activity which is not otherwise expressly authorized by the zone regulation governing the parcel of property. The provisions of this section shall not apply to conditional use permits.

Section § 65906.5

Explanation

This law allows exceptions to parking rules in zoning laws if certain conditions are met. Parking spaces can be located elsewhere, including in different towns, or replaced with fees or facilities. This can only happen if the changes help nonresidential projects and make it easier for people using public transit, like trains or buses, to access them.

Notwithstanding Section 65906, a variance may be granted from the parking requirements of a zoning ordinance in order that some or all of the required parking spaces be located offsite, including locations in other local jurisdictions, or that in-lieu fees or facilities be provided instead of the required parking spaces, if both the following conditions are met:
(a)CA Government Code § 65906.5(a) The variance will be an incentive to, and a benefit for, the nonresidential development.
(b)CA Government Code § 65906.5(b) The variance will facilitate access to the nonresidential development by patrons of public transit facilities, particularly guideway facilities.

Section § 65906.6

Explanation

This California law requires that starting January 1, 2026, local agencies with websites, that collect inclusionary housing in-lieu fees, must each year post online how much they collected in the previous year and if these fees are planned for a project. Inclusionary housing in-lieu fees are payments that local agencies can charge developers as an alternative to directly building affordable housing units. Additionally, every five years, these agencies must also post the total amount collected over the last five years and detail the projects the funds were used for.

(a)CA Government Code § 65906.6(a) For the purpose of this section, the following definitions apply:
(1)CA Government Code § 65906.6(a)(1) “Inclusionary housing in-lieu fees” means fees imposed as an alternative means of compliance with an inclusionary housing requirement.
(2)CA Government Code § 65906.6(a)(2) “Local agency” means a county, city, whether general law or chartered, city and county, school district, special district, authority, agency, any other municipal public corporation or district, or other political subdivision of the state.
(b)CA Government Code § 65906.6(b) Commencing on January 1, 2026, a local agency that collects inclusionary housing in-lieu fees and has an internet website shall annually post on its internet website both of the following:
(1)CA Government Code § 65906.6(b)(1) The amount of inclusionary housing in-lieu fees collected in the previous year.
(2)CA Government Code § 65906.6(b)(2) Whether the inclusionary housing in-lieu fees are intended to be used for a project, if any.
(c)CA Government Code § 65906.6(c) Commencing on January 1, 2026, and every five years thereafter, a local agency that collects inclusionary housing in-lieu fees shall post on its internet website both of the following:
(1)CA Government Code § 65906.6(c)(1) The amount of inclusionary housing in-lieu fees collected in the past five years.
(2)CA Government Code § 65906.6(c)(2) The projects that the inclusionary housing in-lieu fees were spent on.

Section § 65907

Explanation

This law allows local governments in California to temporarily reduce the required parking spaces for existing businesses if they expand outdoor dining areas to comply with COVID-19 restrictions. This decision is in place to help businesses accommodate outdoor expansions without facing penalties for parking space reductions.

This rule will expire and be repealed on July 1, 2026.

(a)CA Government Code § 65907(a) To the extent that an outdoor expansion of a business to mitigate COVID-19 pandemic restrictions on indoor dining interferes with, reduces, eliminates, or impacts required parking for existing uses, a local jurisdiction that has not adopted an ordinance that provides relief from parking restrictions for expanded outdoor dining areas shall reduce the number of required parking spaces for existing uses by the number of spaces that the local jurisdiction determines are needed to accommodate an expanded outdoor dining area.
(b)CA Government Code § 65907(b) This section shall remain in effect only until July 1, 2026, and as of that date is repealed.

Section § 65908

Explanation

This law states that if an agency takes legal action to enforce zoning rules, they can file a notice at the county recorder's office to inform others about the action concerning a specific property. This filing acts like a public alert to anyone interested in the property.

If necessary, a party involved in the case can request to have this notice removed by convincing a judge of the need to do so. If a judge agrees, an official order will be recorded, canceling the notice, and it will no longer inform the public about the legal proceedings regarding the property. The decision to remove this notice cannot be directly appealed, but the opposing party has a limited time to ask a higher court to review the decision.

(a)CA Government Code § 65908(a) Any agency which institutes a judicial action or proceeding to enforce zoning regulations may file a notice of the pendency of the action or proceeding in the county recorder’s office of the county where the property affected by the action or proceeding is situated. The notice shall be filed at the time of the commencement of the action or proceeding, and, upon recordation of such notice as provided in this subdivision, shall have the same effect as a notice recorded pursuant to Section 409 of the Code of Civil Procedure.
The county recorder shall record and index the notice of pendency of action or proceeding in the index of grantors and any other index relative to the property in question.
(b)CA Government Code § 65908(b) Any notice of pendency of action or proceeding filed pursuant to subdivision (a) may, upon motion of a party to the action or proceeding, be vacated upon an appropriate showing of need therefor by an order of a judge of the court in which the action or proceeding is pending. A certified copy of the order of vacation may be recorded in the office of the recorder of the county where the notice of pendency of action is recorded, and upon such recordation the notice of pendency of the action or proceeding shall not constitute constructive notice of any of the matters contained therein nor create any duty of inquiry in any person thereafter dealing with the property described therein. Such an order of vacation shall not be appealable, but the party aggrieved by such order may, within 20 days after service of written notice of the order, or within such additional time not exceeding 20 days as the court may, within the original 20 days, allow, but in no event later than 60 days after entry of the order, petition the proper reviewing court to review such order by writ of mandate. No such order of vacation shall be effective, nor shall it be recorded in the office of any county recorder, until the time within which a petition for writ of mandate may be filed pursuant to this subdivision has expired.

Section § 65909

Explanation

This law states that local government agencies cannot require you to dedicate land or post a bond for improvements unless these conditions are directly related to the specific usage of your property. This means they can't impose unrelated demands when you're seeking a building permit, use permit, or zone variance.

No local governmental body, or any agency thereof, may condition the issuance of any building or use permit or zone variance on any or all of the following:
(a)CA Government Code § 65909(a) The dedication of land for any purpose not reasonably related to the use of the property for which the variance, building, or use permit is requested.
(b)CA Government Code § 65909(b) The posting of a bond to guarantee installation of public improvements not reasonably related to the use of the property for which the variance, building, or use permit is requested.

Section § 65909.5

Explanation

This law allows cities and counties in California to charge fees for processing use permits, zone variances, or zone changes. However, these fees must be reasonable and cannot be more than what is needed to cover the processing costs. The fees must be set according to specific state procedures.

The legislative body of any county or city, including a charter city, may establish reasonable fees for the processing of use permits, zone variances, or zone changes pursuant to the procedures required or authorized by this chapter or local ordinance, but the fees shall not exceed the amount reasonably required to administer the processing of such permits or zone variances. The fees shall be imposed pursuant to Sections 66014 and 66016.