CHAPTER 3. Local Planning [65100. - 65763.]
Chapter 3 repealed and added by Stats. 1965, Ch. 1880.
§§ 65100–65763 · 217 sections
ARTICLE 1. Local Planning §§ 65100–65107 · 10 sections
- § 65100 There is in each city and county a planning agency with the powers necessary to carry out the purposes of this title. The legislative body of each city and…
- § 65101 (a) The legislative body may create one or more planning commissions each of which shall report directly to the legislative body. The legislative body shall…
- § 65101.1 The Hoopa Valley Business Council, as the governing body of the Hoopa Valley Indian Tribe, may participate as a legislative body, pursuant to subdivision (b)…
- § 65102 A legislative body may establish for its planning agency any rules, procedures, or standards which do not conflict with state or federal laws.
- § 65103 Each planning agency shall perform all of the following functions: (a) Prepare, periodically review, and revise, as necessary, the general plan. (b) Implement…
- § 65103.5 (a) In compliance with Section 65102, a local planning agency shall ensure architectural drawings that contain protected information are made available to the…
- § 65104 The legislative body shall provide the funds, equipment, and accommodations necessary or appropriate for the work of the planning agency. If the legislative…
- § 65105 In the performance of their functions, planning agency personnel may enter upon any land and make examinations and surveys, provided that the entries,…
- § 65106 Upon request all public officials shall furnish to the planning agency within a reasonable time any available information as may be required for the work of…
- § 65107 Any action brought in the superior court relating to this chapter may be subject to a mediation proceeding conducted pursuant to Chapter 9.3 (commencing with…
ARTICLE 4. Long Range Planning Trust Fund § 65250 · 1 section
- § 65250 (a) A city with a population in excess of three million may establish a Long Range Planning Trust Fund in accordance with subdivision (b) to consist of those…
ARTICLE 5. Authority for and Scope of General Plans §§ 65300–65303.4 · 24 sections
- § 65300 Each planning agency shall prepare and the legislative body of each county and city shall adopt a comprehensive, long-term general plan for the physical…
- § 65300.2 (a) For the purposes of this article, a “200-year flood plain” is an area that has a 1 in 200 chance of flooding in any given year, based on hydrological…
- § 65300.5 (a) In construing the provisions of this article, the Legislature intends that the general plan and elements and parts thereof comprise an integrated,…
- § 65300.7 The Legislature finds that the diversity of the state’s communities and their residents requires planning agencies and legislative bodies to implement this…
- § 65300.9 The Legislature recognizes that the capacity of California cities and counties to respond to state planning laws varies due to the legal differences between…
- § 65301 (a) The general plan shall be so prepared that all or individual elements of it may be adopted by the legislative body, and so that it may be adopted by the…
- § 65301.5 The adoption of the general plan or any part or element thereof or the adoption of any amendment to such plan or any part or element thereof is a legislative…
- § 65302 The general plan shall consist of a statement of development policies and shall include a diagram or diagrams and text setting forth objectives, principles,…
- § 65302.01 (a) Upon the next update of one or more elements described in Section 65302, on or after January 1, 2028, the safety element shall be reviewed and updated as…
- § 65302.02 (a) A county or city that is located in a warehouse concentration region, as defined in Section 65098, shall update its circulation element, as required by…
- § 65302.1 (a) The Legislature finds and declares all of the following: (1) The San Joaquin Valley has a serious air pollution problem that will take the cooperation of…
- § 65302.2 Upon the adoption, or revision, of a city or county’s general plan, on or after January 1, 1996, the city or county shall utilize as a source document any…
- § 65302.3 (a) The general plan, and any applicable specific plan prepared pursuant to Article 8 (commencing with Section 65450), shall be consistent with the plan…
- § 65302.4 The text and diagrams in the land use element that address the location and extent of land uses, and the zoning ordinances that implement these provisions, may…
- § 65302.5 (a) At least 45 days prior to adoption or amendment of the safety element, each county and city shall submit to the California Geological Survey of the…
- § 65302.6 (a) A city, county, or a city and county may adopt with its safety element pursuant to subdivision (g) of Section 65302 a local hazard mitigation plan (HMP)…
- § 65302.7 (a) For the purposes of complying with Section 65302.5, each county or city located within the boundaries of the Sacramento and San Joaquin Drainage District,…
- § 65302.8 If a county or city, including a charter city, adopts or amends a mandatory general plan element which operates to limit the number of housing units which may…
- § 65302.9 (a) Within 24 months of July 2, 2013, each city and county within the Sacramento-San Joaquin Valley shall amend its general plan to contain all of the…
- § 65302.10 (a) As used in this section, the following terms shall have the following meanings: (1) “Community” means an inhabited area within a city or county that is…
- § 65302.13 (a) On or after January 1, 2027, but no later than January 1, 2030, each city, county, or city and county shall prepare and adopt an electrification plan,…
- § 65302.15 (a) Upon the next revision of a local hazard mitigation plan, adopted in accordance with the federal Disaster Mitigation Act of 2000 (Public Law 106-390), on…
- § 65303 The general plan may include any other elements or address any other subjects which, in the judgment of the legislative body, relate to the physical…
- § 65303.4 The Department of Water Resources or the Central Valley Flood Protection Board, as appropriate, and the Department of Fish and Game may develop site design and…
ARTICLE 6. Preparation, Adoption, and Amendment of the General Plan §§ 65350–65362 · 19 sections
- § 65350 Cities and counties shall prepare, adopt, and amend general plans and elements of those general plans in the manner provided in this article.
- § 65350.5 Before the adoption or any substantial amendment of a city’s or county’s general plan, the planning agency shall review and consider all of the following: (a)…
- § 65351 During the preparation or amendment of the general plan, the planning agency shall provide opportunities for the involvement of citizens, California Native…
- § 65352 (a) Before a legislative body takes action to adopt or substantially amend a general plan, the planning agency shall refer the proposed action to all of the…
- § 65352.2 (a) It is the intent of the Legislature in enacting this section to foster improved communication and coordination between cities, counties, and school…
- § 65352.3 (a) (1) Prior to the adoption or any amendment of a city or county’s general plan, proposed on or after March 1, 2005, the city or county shall conduct…
- § 65352.4 For purposes of Section 65351, 65352.3, and 65562.5, “consultation” means the meaningful and timely process of seeking, discussing, and considering carefully…
- § 65352.5 (a) The Legislature finds and declares that it is vital that there be close coordination and consultation between California’s water supply or management…
- § 65353 (a) When the city or county has a planning commission authorized by local ordinance or resolution to review and recommend action on a proposed general plan or…
- § 65354 The planning commission shall make a written recommendation on the adoption or amendment of a general plan. A recommendation for approval shall be made by the…
- § 65354.5 (a) A city or county with a planning agency, other than the legislative body itself, which has the authority to consider and recommend the approval,…
- § 65355 Prior to adopting or amending a general plan, the legislative body shall hold at least one public hearing. Notice of the hearing shall be given pursuant to…
- § 65356 (a) The legislative body shall adopt or amend a general plan by resolution, which resolution shall be adopted by the affirmative vote of not less than a…
- § 65357 (a) A copy of the adopted general plan or amendment to the general plan shall be sent to all public entities specified in Section 65352 and any other public…
- § 65358 (a) If it deems it to be in the public interest, the legislative body may amend all or part of an adopted general plan. An amendment to the general plan shall…
- § 65359 Any specific plan or other plan of the city or county that is applicable to the same areas or matters affected by a general plan amendment shall be reviewed…
- § 65360 The legislative body of a newly incorporated city or newly formed county shall adopt a general plan within 30 months following incorporation or formation.…
- § 65361 (a) Notwithstanding any other provision of law, upon application by a city or county, the Director of Planning and Research shall grant a reasonable extension…
- § 65362 Any city, county, or city and county whose application for an extension of time under Section 65361 has been denied or approved with conditions by the director…
ARTICLE 7. Administration of General Plan §§ 65400–65404 · 7 sections
- § 65400 (a) After the legislative body has adopted all or part of a general plan, the planning agency shall do both of the following: (1) Investigate and make…
- § 65400.2 (a) For purposes of the housing element portion of the annual report required by paragraph (2) of subdivision (a) of Section 65400, for up to 25 percent of a…
- § 65400.3 (a) For purposes of this section: (1) “Acutely low income” has the same meaning as defined in Section 65582. (2) “Affordable housing cost” has the same meaning…
- § 65401 If a general plan or part thereof has been adopted, within such time as may be fixed by the legislative body, each county or city officer, department, board,…
- § 65402 (a) If a general plan or part thereof has been adopted, no real property shall be acquired by dedication or otherwise for street, square, park or other public…
- § 65403 (a) Each special district, each unified, elementary, and high school district, and each agency created by a joint powers agreement pursuant to Article 1…
- § 65404 (a) On or before January 1, 2005, the Governor shall develop processes to do all of the following: (1) Resolve conflicting requirements of two or more state…
ARTICLE 8. Specific Plans §§ 65450–65457 · 8 sections
- § 65450 After the legislative body has adopted a general plan, the planning agency may, or if so directed by the legislative body, shall, prepare specific plans for…
- § 65451 (a) A specific plan shall include a text and a diagram or diagrams which specify all of the following in detail: (1) The distribution, location, and extent of…
- § 65452 The specific plan may address any other subjects which in the judgment of the planning agency are necessary or desirable for implementation of the general plan.
- § 65453 (a) A specific plan shall be prepared, adopted, and amended in the same manner as a general plan, except that a specific plan may be adopted by resolution or…
- § 65454 No specific plan may be adopted or amended unless the proposed plan or amendment is consistent with the general plan.
- § 65455 No local public works project may be approved, no tentative map or parcel map for which a tentative map was not required may be approved, and no zoning…
- § 65456 (a) The legislative body, after adopting a specific plan, may impose a specific plan fee upon persons seeking governmental approvals which are required to be…
- § 65457 (a) Any residential development project, including any subdivision, or any zoning change that is undertaken to implement and is consistent with a specific plan…
ARTICLE 8.2. Community Plans §§ 65458–65458.4 · 5 sections
- § 65458 For purposes of this article: (a) “Community plan” means a plan that meets all of the following requirements: (1) The plan was adopted by a local jurisdiction…
- § 65458.1 (a) Notwithstanding Section 21168.9 of the Public Resources Code, in any order that results from an action or proceeding to attack, review, set aside, void, or…
- § 65458.2 This article does not do either of the following: (a) Affect or alter the obligation for the approval of a development project that is consistent with an…
- § 65458.3 This article applies to a development project for which an application has been filed with, and accepted as complete by, the local jurisdiction on or before…
- § 65458.4 The Legislature finds and declares that the expedited approval of development projects to address the state’s ongoing housing and homelessness crisis and to…
ARTICLE 8.5. Transit Village Development Planning Act of 1994 §§ 65460–65460.11 · 12 sections
- § 65460 This act shall be known, and may be cited, as the Transit Village Development Planning Act of 1994.
- § 65460.1 (a) The Legislature hereby finds and declares all of the following: (1) Federal, state, and local governments in California are investing in new and expanded…
- § 65460.2 A city or county may prepare a transit village plan for a transit village development district that addresses the following characteristics: (a) A neighborhood…
- § 65460.3 To increase transit ridership and to reduce vehicle traffic on the highways, local, regional, and state plans should direct new development close to the…
- § 65460.4 A transit village development district shall include all land within not more than one-half mile of the main entrance of a transit station designated by the…
- § 65460.5 A city or county establishing a district and preparing a plan pursuant to this article shall be eligible for available transportation funding.
- § 65460.6 An agency responsible for the preparation and adoption of the congestion management program may exclude district impacts from the determination of conformance…
- § 65460.7 (a) A transit village plan shall be prepared, adopted, and amended in the same manner as a general plan, except for plans qualified as transit village plans…
- § 65460.8 No transit village plan may be adopted or amended unless the proposed plan or amendment is consistent with the general plan.
- § 65460.9 No local public works project may be approved, no tentative map or parcel map for which a tentative map was not required may be approved, and no zoning…
- § 65460.10 A city, county, or city and county may require a developer to enter into a development agreement pursuant to Article 2.5 (commencing with Section 65864) of…
- § 65460.11 Any portion of a specific plan or redevelopment plan adopted prior to January 1, 2006, that conforms to the requirements set forth in Section 65460.2, as…
ARTICLE 9. Transit Priority Project Program § 65470 · 1 section
- § 65470 (a) (1) It is the intent of the Legislature to provide a process for cities and counties to create development patterns in the form of transit priority…
ARTICLE 10.5. Open-Space Lands §§ 65560–65570 · 13 sections
- § 65560 For purposes of this chapter: (a) “Amount of land converted to agricultural use” means those lands that were brought into agricultural use or reestablished in…
- § 65561 The Legislature finds and declares as follows: (a) That the preservation of open-space land, as defined in this article, is necessary not only for the…
- § 65562 It is the intent of the Legislature in enacting this article: (a) To assure that cities and counties recognize that open-space land is a limited and valuable…
- § 65562.5 On and after March 1, 2005, if land designated, or proposed to be designated as open space, contains a place, feature, or object described in Sections 5097.9…
- § 65563 On or before December 31, 1973, every city and county shall prepare, adopt and submit to the Secretary of the Resources Agency a local open-space plan for the…
- § 65564 Every local open-space plan shall contain an action program consisting of specific programs which the legislative body intends to pursue in implementing its…
- § 65565 (a) A city or county may develop an agricultural land component of the city or county’s open-space element or a separate agricultural land element. If a city…
- § 65565.1 (a) The department shall give priority consideration for any grants, bond proceeds, and other local assistance funding provided by the department to a city or…
- § 65565.5 (a) Every city and county shall review and update its local open-space plan by January 1, 2026. The update shall include plans and an action program, as…
- § 65566 Any action by a county or city by which open-space land or any interest therein is acquired or disposed of or its use restricted or regulated, whether or not…
- § 65567 No building permit may be issued, no subdivision map approved, and no open-space zoning ordinance adopted, unless the proposed construction, subdivision or…
- § 65568 If any provision of this article or the application thereof to any person is held invalid, the remainder of the article and the application of such provision…
- § 65570 (a) The department may establish, after notice and hearing, rules and regulations, and require reports from local officials and may employ, borrow, or contract…
ARTICLE 10.6. Housing Elements §§ 65580–65589.11 · 45 sections
- § 65580 The Legislature finds and declares as follows: (a) The availability of housing is of vital statewide importance, and the early attainment of decent housing and…
- § 65581 It is the intent of the Legislature in enacting this article: (a) To assure that counties and cities recognize their responsibilities in contributing to the…
- § 65582 As used in this article, the following definitions apply unless specified otherwise: (a) “Above moderate income” means income exceeding the moderate-income…
- § 65582.1 The Legislature finds and declares that it has provided reforms and incentives to facilitate and expedite the construction of affordable housing. Those reforms…
- § 65583 The housing element shall consist of an identification and analysis of existing and projected housing needs and a statement of goals, policies, quantified…
- § 65583.05 (a) (1) The Department of Housing and Community Development shall publish, by December 31, 2026, advisory guidance, including, but not limited to, sample…
- § 65583.1 (a) The Department of Housing and Community Development, in evaluating a proposed or adopted housing element for substantial compliance with this article, may…
- § 65583.2 (a) A city’s or county’s inventory of land suitable for residential development pursuant to paragraph (3) of subdivision (a) of Section 65583 shall be used to…
- § 65583.3 (a) For a housing element or amendment adopted on or after January 1, 2021, the planning agency shall submit to the department an electronic copy of its…
- § 65583.4 (a) Notwithstanding subparagraph (A) of paragraph (1) of subdivision (c) of Section 65583, subdivision (c) of Section 65583.2, and subparagraph (C) of…
- § 65584 (a) (1) For the fourth and subsequent revisions of the housing element pursuant to Section 65588, the department shall determine the existing and projected…
- § 65584.01 For the fourth and subsequent revision of the housing element pursuant to Section 65588, the department, in consultation with each council of governments,…
- § 65584.03 (a) At least 28 months prior to the scheduled housing element update required by Section 65588, at least two or more cities and a county, or counties, may form…
- § 65584.04 (a) At least two years before a scheduled revision required by Section 65588, each council of governments, or delegate subregion as applicable, shall develop,…
- § 65584.045 Notwithstanding the requirements of subdivision (m) of Section 65584.04, the resolution approving the final housing need allocation plan for the San Diego…
- § 65584.05 (a) At least one and one-half years before the scheduled revision required by Section 65588, each council of governments and delegate subregion, as applicable,…
- § 65584.06 (a) For cities and counties without a council of governments, the department shall determine and distribute the existing and projected housing need, in…
- § 65584.07 (a) During the period between adoption of a final regional housing needs allocation and the due date of the housing element update under Section 65588, the…
- § 65584.08 (a) The Legislature finds and declares all of the following: (1) The state faces a serious housing crisis, due in part to decades of underproduction of housing…
- § 65584.09 (a) For housing elements due pursuant to Section 65588 on or after January 1, 2006, if a city or county in the prior planning period failed to identify or make…
- § 65584.1 Councils of government may charge a fee to local governments to cover the projected reasonable, actual costs of the council in distributing regional housing…
- § 65584.2 A local government may, but is not required to, conduct a review or appeal regarding allocation data provided by the department or the council of governments…
- § 65584.2.2 (a) A local government within the same county as a tribe may enter into a voluntary agreement with a tribe to allow new tribal housing development projects to…
- § 65584.3 (a) A city that is incorporated to promote commerce and industry, that is located in the County of Los Angeles, and that has no residentially zoned land within…
- § 65584.6 (a) The County of Napa may, during its current housing element planning period, identified in Section 65588, meet up to 15 percent of its existing share of the…
- § 65585 (a) In the preparation of its housing element, each city and county shall consider the guidelines adopted by the department pursuant to Section 50459 of the…
- § 65585.01 In any suit brought to enforce either this article or any state law listed under subdivision (j) of Section 65585, the department and the office of the…
- § 65585.02 (a) For purposes of this section, “quantified development standard” means a site’s maximum density or requirements for a height limit, setback, maximum or…
- § 65585.03 A housing element or amendment shall be considered to be in substantial compliance with this article when the local agency adopts the housing element or…
- § 65585.1 (a) The department shall notify the city, county, or city and county and may notify the office of the Attorney General that the city, county, or city and…
- § 65585.3 (a) The department shall notify the office of the Attorney General that the County of Napa or the City of Napa, as applicable, is in violation of state law, as…
- § 65587 (a) Each city, county, or city and county shall bring its housing element, as required by subdivision (c) of Section 65302, into conformity with the…
- § 65588 (a) Each local government shall review its housing element as frequently as appropriate to evaluate all of the following: (1) The appropriateness of the…
- § 65589 (a) Nothing in this article shall require a city, county, or city and county to do any of the following: (1) Expend local revenues for the construction of…
- § 65589.3 In any action filed on or after January 1, 1991, taken to challenge the validity of a housing element, both of the following shall apply, as applicable: (a)…
- § 65589.4 (a) An attached housing development shall be a permitted use not subject to a conditional use permit on any parcel zoned for an attached housing development if…
- § 65589.5 (a) (1) The Legislature finds and declares all of the following: (A) The lack of housing, including emergency shelters, is a critical problem that threatens…
- § 65589.5.1 (a) For the purposes of Section 65589.5, the definition of “disapprove the housing development project” may include any instance in which a local agency fails…
- § 65589.5.2 (a) For the purposes of Section 65589.5, the definition of “disapprove the housing development project” may include any instance in which a local agency fails…
- § 65589.55 (a) For purposes of a local agency’s approval, conditional approval, or disapproval of a housing development project pursuant to subdivision (d) of Section…
- § 65589.6 In any action taken to challenge the validity of a decision by a city, county, or city and county to disapprove a project or approve a project upon the…
- § 65589.7 (a) The housing element adopted by the legislative body and any amendments made to that element shall be immediately delivered to all public agencies or…
- § 65589.8 A local government which adopts a requirement in its housing element that a housing development contain a fixed percentage of affordable housing units, shall…
- § 65589.9 (a) It is the intent of the Legislature to create incentives for jurisdictions that are compliant with housing element requirements and have enacted prohousing…
- § 65589.11 (a) The department shall post on its internet website each month a list of jurisdictions that have failed to adopt a housing element that has been found by the…
ARTICLE 10.7. Low- and Moderate-Income Housing Within the Coastal Zone §§ 65590–65590.1 · 2 sections
- § 65590 (a) In addition to the requirements of Article 10.6 (commencing with Section 65580), the provisions and requirements of this section shall apply within the…
- § 65590.1 Any local government which receives an application as provided in Section 30600.1 of the Public Resources Code to apply the requirements of Section 65590 to a…
ARTICLE 10.8. Water Conservation in Landscaping §§ 65591–65599 · 11 sections
- § 65591 This article shall be known and may be cited as the Water Conservation in Landscaping Act.
- § 65592 Unless the context requires otherwise, the following definitions govern the construction of this article: (a) “Department” means the Department of Water…
- § 65593 The Legislature finds and declares all of the following: (a) The waters of the state are of limited supply and are subject to ever increasing demands. (b) The…
- § 65594 (a) Except as provided in Section 65595, if by January 1, 1993, a local agency did not adopt a water efficient landscape ordinance and did not adopt findings…
- § 65595 (a) (1) To the extent funds are appropriated, not later than January 1, 2009, by regulation, the department shall update the model water efficient landscape…
- § 65596 The updated model ordinance adopted pursuant to Sections 65595 and 65596.5 shall do all the following in order to reduce water use: (a) Include provisions for…
- § 65596.5 (a) On or before January 1, 2020, and at least every three years thereafter, the department, after holding one or more public hearings, shall do one of the…
- § 65596.7 (a) On or before June 30, 2019, the director shall convene a working group comprised of representatives from the landscape nursery industry, the agricultural…
- § 65597 Not later than January 31, 2010, each local agency shall notify the department as to whether the local agency is subject to the department’s updated model…
- § 65598 Any model ordinance adopted pursuant to this article shall exempt cemeteries from all provisions of the ordinance except those set forth in subdivisions (h),…
- § 65599 Any actions or proceedings to attach, review, set aside, void, or annul the act, decision, or findings of a local agency on the ground of noncompliance with…
ARTICLE 10.9. Water Recycling in Landscaping Act §§ 65601–65607 · 7 sections
- § 65601 This article shall be known and may be cited as the Water Recycling in Landscaping Act.
- § 65602 The Legislature finds and declares all of the following: (a) The waters of the state are of limited supply and are subject to ever-increasing demands. (b) The…
- § 65603 Unless the context requires otherwise, the definitions used in this section govern the construction of this article: (a) “Designated recycled water use area”…
- § 65604 If a recycled water producer determines that within 10 years the recycled water producer will provide recycled water within the boundaries of a local agency…
- § 65605 (a) Within 180 days of receipt of notification from a recycled water producer pursuant to Section 65604, the local agency shall adopt and enforce a recycled…
- § 65606 The recycled water ordinance adopted by a local agency pursuant to Section 65605 shall not apply to either of the following: (a) A tentative map as defined in…
- § 65607 (a) This article shall not apply to any local agency that adopted a recycled water ordinance or other regulation requiring the use of recycled water in its…
ARTICLE 10.10. Workforce Housing Opportunity Zone §§ 65620–65624 · 5 sections
- § 65620 For purposes of this article, the following terms shall have the following meanings: (a) “Housing development” or “development” means new or substantially…
- § 65621 (a) A local government may establish a Workforce Housing Opportunity Zone by preparing an environmental impact report pursuant to Division 13 (commencing with…
- § 65622 (a) Before a date that is no later than five years from the date the local government has adopted the specified plan, the local government shall complete the…
- § 65623 (a) (1) Except as provided in paragraph (2), for a period of five years from the adoption of the specific plan pursuant to Section 65621, a local government…
- § 65624 (a) A local government may submit an application to the Department of Housing and Community Development for a grant or no-interest loan, or both, to support…
ARTICLE 10.11. Thrift Retail Stores §§ 65630–65632 · 3 sections
- § 65630 (a) The Legislature finds and declares all of the following: (1) The 2020 annual report, as published by the Department of Resources Recycling and Recovery,…
- § 65631 For purposes of this article, the following definitions apply: (a) “Thrift retail store” means a retail store and related donation facilities engaged primarily…
- § 65632 (a) Except as provided by subdivisions (c) to (e), inclusive, a local agency shall not treat a thrift retail store differently from a nonthrift retail store…
ARTICLE 11. Supportive Housing §§ 65650–65656 · 7 sections
- § 65650 For purposes of this article, the following definitions shall apply: (a) “Administrative office space” means an organizational headquarters or auxiliary office…
- § 65651 (a) Supportive housing shall be a use by right in zones where multifamily and mixed uses are permitted, including nonresidential zones permitting multifamily…
- § 65652 A developer of supportive housing subject to this article shall provide the planning agency with a plan for providing supportive services, with documentation…
- § 65653 (a) The local government shall approve a supportive housing development that complies with the applicable requirements of this article. (b) The local…
- § 65654 If the supportive housing development is located within one-half mile of a public transit stop, the local government shall not impose any minimum parking…
- § 65655 This article shall not be construed to do either of the following: (a) Preclude or limit the ability of a developer to seek a density bonus, including any…
- § 65656 The Legislature finds and declares that, by adoption of Proposition 2 at the November 6, 2018, statewide general election, the voters expressly approved of the…
ARTICLE 11.5. Office to Housing Conversion Act §§ 65658–65658.16 · 16 sections
- § 65658 This article may be cited as the Office to Housing Conversion Act.
- § 65658.1 For purposes of this article: (a) (1) “Adaptive reuse project” means the retrofitting and repurposing of an existing building to create new residential or…
- § 65658.3 (a) A local government may adopt an ordinance to implement this article and specify the process and requirements applicable to adaptive reuse projects,…
- § 65658.4 The Legislature finds and declares that encouraging commercial-to-resident conversions to help address the statewide housing crisis addresses a matter of…
- § 65658.5 (a) (1) An adaptive reuse project that meets the requirements of subdivision (b) shall be deemed a use by right in all zones, regardless of the zoning of the…
- § 65658.6 (a) An adaptive reuse project that satisfies the requirements of Section 65658.5 may include the development of new residential or mixed-use structures on…
- § 65658.7 (a) (1) (A) Before submitting an application for an adaptive reuse project pursuant to Section 65658.5 for a structure that is more than 50 years old and not…
- § 65658.8 (a) (1) Notwithstanding any local law, if a local government’s planning director or equivalent position determines that an adaptive reuse project submitted…
- § 65658.9 (a) A local government shall issue a subsequent permit required for an adaptive reuse project approved under this article if the application substantially…
- § 65658.10 (a) A local government shall not adopt or impose any requirement, including, but not limited to, increased fees or inclusionary housing requirements, that…
- § 65658.11 (a) Notwithstanding any other law, an adaptive reuse project shall be exempt from all impact fees that are not reasonably related to the impacts resulting from…
- § 65658.12 Notwithstanding any law, and in addition to any other applicable labor standards provided in this article, any adaptive reuse project approved by a local…
- § 65658.13 Notwithstanding any law, and in addition to any other applicable labor standards provided in this article, any adaptive reuse project approved by a local…
- § 65658.14 In addition to any other applicable labor standards provided in this article, any development project for an adaptive reuse project approved by a local…
- § 65658.15 In addition to any other applicable labor standards provided in this article, any development project for an adaptive reuse project that includes 40 or more…
- § 65658.16 This article shall become operative on July 1, 2026.
ARTICLE 12. Low Barrier Navigation Centers §§ 65660–65666 · 4 sections
- § 65660 For purposes of this article: (a) “Low Barrier Navigation Center” means a Housing First, low-barrier, service-enriched shelter focused on moving people into…
- § 65662 A Low Barrier Navigation Center development is a use by right in areas zoned for mixed use and nonresidential zones permitting multifamily uses, if it meets…
- § 65664 Within 30 days of receipt of an application for a Low Barrier Navigation Center development, the local jurisdiction shall notify a developer whether the…
- § 65666 The Legislature finds and declares that Low Barrier Navigation Center developments are essential tools for alleviating the homelessness crisis in this state…
ARTICLE 13. Applicability of Chapter §§ 65700–65701 · 2 sections
- § 65700 (a) This chapter shall not apply to a charter city, except to the extent that the same may be adopted by charter or ordinance of the city and except that…
- § 65701 Notwithstanding any other provision of law, the City of Industry’s approval of, and decisions regarding, the development, planning, design, location, site…
ARTICLE 14. Actions or Proceedings §§ 65750–65763 · 15 sections
- § 65750 As used in this article, unless the context requires otherwise: (a) “Petition” includes any form of pleading brought pursuant to Section 65751, whether it is a…
- § 65751 Any action to challenge a general plan or any element thereof on the grounds that such plan or element does not substantially comply with the requirements of…
- § 65752 All actions brought pursuant to Section 65751, including the hearing of any such action on appeal from the decision of a lower court, shall be given preference…
- § 65753 (a) The petitioner shall request a hearing or trial on the alternative writ or peremptory writ of mandate, and any other party may request a hearing or trial,…
- § 65754 In any order or judgment issued in an action brought to challenge the validity of the general plan of any city, county, or city and county, or any mandatory…
- § 65754.5 (a) During the pendency of any action described in Section 65754, or when issuing a final judgment in favor of the plaintiff or petitioner finding that the…
- § 65755 (a) The court shall include, in the order or judgment rendered pursuant to Section 65754, one or more of the following provisions for any or all types or…
- § 65756 If the court orders a reference of any action brought pursuant to this article or pursuant to any provision of law which grants a court the authority to…
- § 65757 (a) During the pendency of any action described in Section 65754, the court shall, upon a showing of probable success on the merits, grant the relief provided…
- § 65758 If the court orders any temporary relief in an action or proceeding subject to this article, any party to the action or proceeding may file with the court a…
- § 65759 (a) In any action brought under this section, the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources…
- § 65760 In determining whether a housing development will have an impact on the ability of the city, county, or city and county to properly adopt and implement an…
- § 65761 In no event shall any court grant as relief in any action brought pursuant to this article the revocation of any building permits or related permits for the…
- § 65762 Nothing in this article shall prohibit a court from invalidating any development permit based on failure to comply with the Subdivision Map Act, Division 2…
- § 65763 (a) The provisions of this article apply to all actions, proceedings, and causes of action set forth in this article, whether commenced or alleged by the…