CHAPTER 4. Zoning Regulations [65800. - 65912.]

Chapter 4 repealed and added by Stats. 1965, Ch. 1880.

§§ 65800–65912 · 104 sections

ARTICLE 1. General Provisions §§ 65800–65804 · 5 sections
- § 65800 It is the purpose of this chapter to provide for the adoption and administration of zoning laws, ordinances, rules and regulations by counties and cities, as…
- § 65801 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…
- § 65802 No provisions of this code, other than the provisions of this chapter, and no provisions of any other code or statute shall restrict or limit the procedures…
- § 65803 Except as otherwise provided, 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…
- § 65804 It shall be the purpose of this section to implement minimum procedural standards for the conduct of city and county zoning hearings. Further, it is the intent…
ARTICLE 2. Adoption of Regulations §§ 65850–65863.13 · 60 sections
- § 65850 The legislative body of any county or city may, pursuant to this chapter, adopt ordinances that do any of the following: (a) Regulate the use of buildings,…
- § 65850.01 (a) The Department of Housing and Community Development, hereafter referred to as “the department” in this section, shall have the authority to review an…
- § 65850.02 (a) Notwithstanding any other local law, with respect to land zoned for residential use, the legislative body of a city or county shall not adopt or enforce an…
- § 65850.1 (a) The legislative body of any city or county may adopt an ordinance or other regulation governing the issuance of permits to engage in the use of property…
- § 65850.2 (a) Each city and each county shall include, in its information list compiled pursuant to Section 65940 for development projects, or application form for…
- § 65850.3 Any ordinance adopted by the legislative body of a city or county that regulates amateur radio station antenna structures shall allow those structures to be…
- § 65850.4 (a) The legislative body of any county or city may regulate, pursuant to a content neutral ordinance, the time, place, and manner of operation of sexually…
- § 65850.5 (a) The implementation of consistent statewide standards to achieve the timely and cost-effective installation of solar energy systems is not a municipal…
- § 65850.52 (a) For purposes of this section, the following definitions apply: (1) “Energy Commission” means the State Energy Resources Conservation and Development…
- § 65850.55 (a) (1) The Legislature finds and declares that oversight of permitting fees for solar energy systems is a matter of statewide concern and not a municipal…
- § 65850.6 (a) A colocation facility shall be a permitted use not subject to a city or county discretionary permit if it satisfies the following requirements: (1) The…
- § 65850.7 (a) The Legislature finds and declares all of the following: (1) The implementation of consistent statewide standards to achieve the timely and cost-effective…
- § 65850.71 (a) The Legislature finds and declares both of the following: (1) An electric vehicle charging station has a significant economic impact in California and is…
- § 65850.72 (a) For purposes of this section, the following definitions apply: (1) “Electric vehicle charging station” or “charging station” means any level of electric…
- § 65850.75 (a) For purposes of this section, the following terms have the following meanings: (1) “Emergency standby generator” means a stationary generator used for the… see note
- § 65850.8 (a) (1) On or before September 30, 2018, every city, including a charter city, county, or city and county with a population of 200,000 or more residents, and…
- § 65850.9 (a) A city, county, or city and county shall not restrict which types of electric vehicles, including, but not limited to, plug-in hybrid vehicles, may access…
- § 65851 For such purposes the legislative body may divide a county, a city, or portions thereof, into zones of the number, shape and area it deems best suited to carry…
- § 65852 All such regulations shall be uniform for each class or kind of building or use of land throughout each zone, but the regulation in one type of zone may differ…
- § 65852.1 (a) Notwithstanding Section 65906, any city, including a charter city, county, or city and county may issue a zoning variance, special use permit, or… see note
- § 65852.21 (a) A proposed housing development containing no more than two residential units within a single-family residential zone shall be considered ministerially,…
- § 65852.24 (a) (1) This section shall be known, and may be cited, as the Middle Class Housing Act of 2022. (2) The Legislature finds and declares all of the following:…
- § 65852.25 (a) No local agency shall enact or enforce any ordinance, regulation, or resolution that would prohibit the reconstruction, restoration, or rebuilding of a…
- § 65852.27 (a) Each local agency shall, by January 1, 2025, develop a program for the preapproval of accessory dwelling unit plans. The program shall comply with all of…
- § 65852.28 (a) A development proponent may submit an application for a housing development project on a lot that is subdivided pursuant to Section 66499.41 and that meets…
- § 65852.3 (a) A city, including a charter city, county, or city and county, shall allow the installation of manufactured homes certified under the National Manufactured…
- § 65852.35 (a) Notwithstanding any other law, all state and local programs designed to facilitate home ownership or residence, including loan origination and repayment…
- § 65852.4 A city, including a charter city, a county, or a city and county, shall not subject an application to locate or install a manufactured home certified under the…
- § 65852.5 Notwithstanding the provisions of Section 65852.3, no city, including a charter city, county, or city and county, may impose size requirements for a roof…
- § 65852.6 (a) It is the policy of the state to permit breeding and the maintaining of homing pigeons consistent with the preservation of public health and safety. (b)…
- § 65852.7 A mobilehome park, as defined in Section 18214 of the Health and Safety Code, shall be deemed a permitted land use on all land planned and zoned for…
- § 65852.8 (a) An owner of an existing mobilehome park who is subject to, or intends to qualify for, a valid permit to operate issued pursuant to Section 18505 of the…
- § 65852.9 (a) The Legislature recognizes that unused schoolsites represent a potentially major source of revenue for school districts and that current law reserves a…
- § 65852.11 (a) No city or county, including a charter city, county, or city and county, which has adopted or enacted a local rent control ordinance for mobilehome park…
- § 65853 A zoning ordinance or an amendment to a zoning ordinance, which amendment changes any property from one zone to another or imposes any regulation listed in…
- § 65854 (a) The planning commission shall hold a public hearing on the proposed zoning ordinance or amendment to a zoning ordinance. (b) (1) Except as provided in…
- § 65855 After the hearing, the planning commission shall render its decision in the form of a written recommendation to the legislative body. Such recommendation shall…
- § 65856 (a) Upon receipt of the recommendation of the planning commission, the legislative body shall hold a public hearing. However, if the matter under consideration…
- § 65857 The legislative body may approve, modify or disapprove the recommendation of the planning commission; provided that any modification of the proposed ordinance…
- § 65858 (a) Without following the procedures otherwise required prior to the adoption of a zoning ordinance, the legislative body of a county, city, including a…
- § 65859 (a) A city may, pursuant to this chapter, prezone unincorporated territory to determine the zoning that will apply to that territory upon annexation to the…
- § 65860 (a) County or city zoning ordinances shall be consistent with the general plan of the county or city by January 1, 1974. A zoning ordinance shall be consistent…
- § 65860.1 (a) Not more than 12 months after the amendment of its general plan pursuant to Section 65302.9, each city and county within the Sacramento-San Joaquin Valley…
- § 65861 When there is no planning commission, the legislative body of the city or county shall do all things required or authorized by this chapter of the planning…
- § 65862 When inconsistency between the general plan and zoning arises as a result of adoption of or amendment to a general plan, or any element thereof, hearings held…
- § 65863 (a) Each city, county, or city and county shall ensure that its housing element inventory described in paragraph (3) of subdivision (a) of Section 65583 or its…
- § 65863.1 (a) For the purposes of this section: (1) “Automobile parking requirements” means any parking that a local agency requires an entity to provide, including, but…
- § 65863.2 (a) A public agency shall not impose or enforce any minimum automobile parking requirement on a residential, commercial, or other development project if the…
- § 65863.2.1 (a) For purposes of this section: (1) “Development project” means a residential, commercial, or other development project exempt from minimum automobile…
- § 65863.3 (a) A public agency shall not increase the minimum parking requirement that applies to a single-family residence as a condition of approval of a project to…
- § 65863.4 (a) Prior to noticing a public hearing on a proposed zoning ordinance or amendment to a zoning ordinance reducing the density permitted on property authorized…
- § 65863.5 Whenever the zoning covering a property is changed from one zone to another or a zoning variance or conditional use permit is granted with respect to any…
- § 65863.6 (a) In carrying out this chapter, each county and city shall consider the effect of ordinances adopted pursuant to this chapter on the housing needs of the…
- § 65863.7 (a) (1) (A) Prior to the conversion of a mobilehome park to another use, except pursuant to the Subdivision Map Act (Division 2 (commencing with Section…
- § 65863.8 (a) A local agency to which application has been made for the conversion of a mobilehome park to another use shall, at least 30 days prior to a hearing or any…
- § 65863.9 Unless an earlier expiration appears on the face of the permit, any permit which is issued by a local agency in conjunction with a tentative subdivision map…
- § 65863.10 (a) As used in this section, the following terms have the following meanings: (1) “Affected public entities” means the mayor of the city in which the assisted…
- § 65863.11 (a) Terms used in this section shall be defined as follows: (1) “Assisted housing development” and “development” shall have the same meaning as in paragraph…
- § 65863.12 (a) Prior to the conversion of a floating home marina to another use, except pursuant to the Subdivision Map Act (Division 2 (commencing with Section 66410) of…
- § 65863.13 (a) An owner shall not be required to provide a notice as required by Section 65863.10 or 65863.11 if all of the following conditions are contained in a…
ARTICLE 2.5. Development Agreements §§ 65864–65869.5 · 14 sections
- § 65864 The Legislature finds and declares that: (a) The lack of certainty in the approval of development projects can result in a waste of resources, escalate the…
- § 65865 (a) Any city, county, or city and county, may enter into a development agreement with any person having a legal or equitable interest in real property for the…
- § 65865.1 Procedures established pursuant to Section 65865 shall include provisions requiring periodic review at least every 12 months, at which time the applicant, or…
- § 65865.2 A development agreement shall specify the duration of the agreement, the permitted uses of the property, the density or intensity of use, the maximum height…
- § 65865.3 (a) Except as otherwise provided in subdivisions (b) and (c), Section 65868, or Section 65869.5, notwithstanding any other law, if a newly incorporated city or…
- § 65865.4 Unless amended or canceled pursuant to Section 65868, or modified or suspended pursuant to Section 65869.5, and except as otherwise provided in subdivision (b)…
- § 65865.5 (a) Notwithstanding any other law, after the amendments required by Sections 65302.9 and 65860.1 have become effective, the legislative body of a city or…
- § 65866 (a) Unless otherwise provided by the development agreement, rules, regulations, and official policies governing permitted uses of the land, governing density,…
- § 65867 A public hearing on an application for a development agreement shall be held by the planning agency and by the legislative body. Notice of intention to…
- § 65867.5 (a) A development agreement is a legislative act that shall be approved by ordinance and is subject to referendum. (b) A development agreement shall not be…
- § 65868 A development agreement may be amended, or canceled in whole or in part, by mutual consent of the parties to the agreement or their successors in interest.…
- § 65868.5 No later than 10 days after a city, county, or city and county enters into a development agreement, the clerk of the legislative body shall record with the…
- § 65869 A development agreement shall not be applicable to any development project located in an area for which a local coastal program is required to be prepared and…
- § 65869.5 (a) If state or federal laws or regulations, enacted after a development agreement has been entered into, prevent or preclude compliance with one or more…
ARTICLE 2.7. Covenants for Easement §§ 65870–65875 · 5 sections
- § 65870 Any city or county may adopt an ordinance for the imposition of covenants pursuant to this article.
- § 65871 (a) In addition to any other method for the creation of an easement, an easement may be created pursuant to an ordinance adopted implementing this article, by…
- § 65873 The covenant of easement shall be recorded in the county where all or a portion of the restricted property is located and shall contain a legal description of…
- § 65874 (a) The ordinance adopted pursuant to Section 65870 shall provide a procedure for the release of the covenant. The procedure shall require a public hearing by…
- § 65875 Nothing in this article shall create in any person other than the city or county and the owner of the real property burdened or benefited by the covenant…
ARTICLE 2.9. Guidebook for Jobs-Housing Balance §§ 65890.1–65890.5 · 3 sections
- § 65890.1 The Legislature finds and declares that: (a) State land use patterns should be encouraged that balance the location of employment-generating uses with…
- § 65890.3 The Department of Housing and Community Development shall prepare a guidebook for use by cities, counties, councils of government, state agencies, and the…
- § 65890.5 (a) The guidebook shall include the following: (1) Methodologies for measuring the balance of jobs and housing. (2) Methodologies for analysis of the projected…
ARTICLE 3. Administration §§ 65900–65909.5 · 14 sections
- § 65900 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…
- § 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…
- § 65902 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…
- § 65903 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…
- § 65904 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…
- § 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,…
- § 65905.5 (a) Notwithstanding any other law, if a proposed housing development project complies with the applicable, objective general plan and zoning standards in…
- § 65906 Variances from the terms of the zoning ordinances shall be granted only when, because of special circumstances applicable to the property, including size,…
- § 65906.5 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…
- § 65906.6 (a) For the purpose of this section, the following definitions apply: (1) “Inclusionary housing in-lieu fees” means fees imposed as an alternative means of…
- § 65907 If an outdoor expansion of a business to mitigate COVID-19 pandemic restrictions on indoor dining interferes with, reduces, eliminates, or impacts required…
- § 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…
- § 65909 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:…
- § 65909.5 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…
ARTICLE 4. Open-Space Zoning §§ 65910–65912 · 3 sections
- § 65910 Every city and county by December 31, 1973, shall prepare and adopt an open-space zoning ordinance consistent with the local open-space plan adopted pursuant…
- § 65911 Variances from the terms of an open-space zoning ordinance shall be granted only when, because of special circumstances applicable to the property, including…
- § 65912 The Legislature hereby finds and declares that this article is not intended, and shall not be construed, as authorizing the city or the county to exercise its…