Professional Documents
Culture Documents
PZD2012
PZD2012
Zoning,
and
Development
Laws
May 31, 2012
STATE OF CALIFORNIA
Edmund G. Brown Jr.,
Governor
GOVERNORS OFFICE
OF PLANNING AND
RESEARCH
Ken Alex,
Director
1400 Tenth Street
Sacramento, CA 95814
P.O. Box 3044
Sacramento, CA 95812
(916) 322-2318
www.opr.ca.gov
2012
This publication may contain summaries of complex and specific laws and regulations. Any such summary is provided merely
for the convenience of the reader. Always refer to the actual text of applicable laws and regulations, and consult with an
attorney when applying them.
Please feel free to reproduce all or part of this document. You need not secure permission. We ask that you print it accurately
and give credit to the Governors Office of Planning and Research (OPR).
For further information on this or other OPR planning documents, or if you have questions or comments about the content of
this publication, contact OPRs State Clearinghouse Unit at (916) 445-0613, or e-mail us at state.clearinghouse@opr.ca.gov.
You are invited to visit the OPR website at http://www.opr.ca.gov.
State of California
Edmund G. Brown, Jr., Governor
Governors Office of Planning and Research
Ken Alex, Director
Scott Morgan, Director, State Clearinghouse
Contributors:
Cuauhtemoc Gonzalez
Jennifer Gonzalez
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Sincerely,
Ken Alex
Director
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Table of Contents
Table of Contents
MESSAGE FROM THE DIRECTOR iii
INTRODUCTION 1
LEGISLATIVE SUMMARY 2
Assembly Bills 2
Senate Bills 3
Table of Contents
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Table of Contents
APPENDIX 376
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Introduction
INTRODUCTION
The Governors Office of Planning and Research (OPR) has compiled the 2012 Planning, Zoning, and Development Laws as
a convenient resource to local governments and the public. The last edition of the Planning, Zoning, and Development Laws
was published in December 2010 for 2011. This 2012 edition includes statutory changes which were enacted in 2011 and are
highlighted throughout the publication to alert readers to the most recent changes.
OPR staff receives hundreds of requests for technical assistance each year from local planning agencies. In an effort to address
some of these technical assistance requests, the 2012 Planning, Zoning, and Development Laws is comprised not only of state
planning and zoning laws, but also excerpts from related statutes. These excerpts are located in the Miscellaneous PlanningRelated Laws section, and include such subjects as common interest subdivisions, school and community college sites, airport
land use planning, fees, zoning of health facilities and other types of care facilities, local regulation of alcoholism recovery
facilities, water supply assessments, and flood protection. The appendix lists other planning-related statutes that are not set
forth in the main text.
This publication is provided as a convenience and a discretionary state service. OPR makes no representation or warranty as
to accuracy or completeness or the currency of this publication or the contents thereof. Reliance on this publication or any
part thereof is entirely the responsibility and liability of the party using it. Nothing in this publication constitutes legal advice.
Parties desiring legal advice pertaining to planning, zoning, and development laws, including those set forth herein, should
consult competent legal counsel of their choice.
Legislative Summary
LEGISLATIVE SUMMARY
The following is a brief summary of the major planning and land use legislation enacted in 2011. The changes made by these
bills are reflected in this edition of the Planning, Zoning and Development Laws. Bills changing code sections that are not
included in this edition of the Planning Zoning and Development Laws are noted with an asterisk (*). The full text of these bills
is available on the Internet at http://www.leginfo.ca.gov.
Assembly Bills
AB 23 (Ch. 91) Added Government Code Section 54952.3.
Requires a member of a legislative body or the clerk to
announce, prior to holding a meeting simultaneously or in
serial order, during a meeting of a legislative body where the
members of the legislative body constitute at least a quorum
of the legislative body of the other meeting, how much
compensation or stipend the members will receive for the
second meeting.
AB 147 (Ch. 228) Added Government Code Sections
66484.7 and 66484.9. Authorizes a local ordinance to require
the payment of a fee subject to the Mitigation Fee Act,
as a condition of approval of a final map or as a condition
of issuing a building permit for purposes of defraying the
actual or estimated cost of constructing other transportation
facilities.
AB 208 (Ch. 88) Amended Government Code Section
65961 and added Section 66452.23. Extends the expiration
date by 24 months for specified subdivision maps that will
expire on or before January 1, 2014, and for any legislative,
administrative or other approval by a state agency relating to
a development project in the subdivision.
*AB 209 (Ch. 171) Amended Public Resources Code Section
21092. Requires that the public notice for an environmental
impact report or negative declaration include how the draft
environmental impact report or negative declaration can be
provided in an electronic format.
AB 307 (Ch. 266) Amended Government Code Sections
6500 and 65101.1; added Section 6529.5; and, repealed
Section 6530. Changes the definition of public agency for
purposes of joint powers agreements to include federally
recognized Indian tribes.
*AB 320 (Ch. 570) Amended Public Resources Code
Sections 21108, 21152, and 21167.6.5. Prevents a California
Environmental Quality Act (CEQA) legal action from being
dismissed for not naming indispensible parties if the plaintiff
or petitioner names the persons identified in the projects
notice of determination (NOD) or notice of exemption
(NOE) or, if no notice is filed, the persons referenced in the
definition of project, as reflected in the lead agencys record
of proceedings.
Legislative Summary
Senate Bills
Legislative Summary
The following Attorney General opinions, published in 2011, relate to planning and land use. Complete opinions are available
on the Attorney Generals website: http://ag.ca.gov/opinions.php.
No Attorney General opinions were published in 2011 that relate to planning and land use.
65000. Title
This title may be cited as the Planning and Zoning
Law.
(Added by Stats. 1967, Ch. 123.)
65001. Definitions
The definitions and general provisions contained in this
article govern the construction of this title unless the context
otherwise requires.
(Amended by Stats. 1956 [Ex. Sess.], Ch. 33.)
65002. Street
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.
(Amended by Stats. 1965, Ch. 1880.)
65003. Right-of-Way
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.
(Amended by Stats. 1965, Ch. 1880.)
65006. Former Act
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.
(Amended by Stats. 1956 [Ex. Sess.], Ch. 33.)
65007. Clarifications
As used in this title, the following terms have the
following meanings, unless the context requires otherwise:
(a) Adequate progress means all of the following:
(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) (A) Revenues that are sufficient to fund each year of
the project schedule developed in paragraph (1) have been
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65064.6. Payments
Each member of the board shall receive the actual and
necessary expenses incurred by him in the performance of
his duties, plus a compensation of twenty dollars ($20) for
each day attending the meetings of the board, but such
compensation shall not exceed one thousand dollars ($1,000)
in any one year.
(Added by Stats. 1963, Ch. 1811.)
65063.8. Vacancies
Any vacancy on the regional planning board shall be
filled for the unexpired term by appointment by the power
which originally appointed the member whose position had
become vacant.
(Added by Stats. 1963, Ch. 1811.)
65064.7. Committees
The provisions for the executive committee set forth in
this article shall not be construed to limit the board or the
executive committee from setting up any other committees
or groups which it may see fit.
(Added by Stats. 1963, Ch. 1811.)
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65080.01. Definitions
The following definitions apply to terms used in Section
65080:
(a) Resource areas include (1) all publicly owned parks
and open space; (2) open space or habitat areas protected by
natural community conservation plans, habitat conservation
plans, and other adopted natural resource protection plans;
(3) habitat for species identified as candidate, fully protected,
sensitive, or species of special status by local, state, or federal
agencies or protected by the federal Endangered Species
Act of 1973, the California Endangered Species Act, or the
Native Plan Protection Act; (4) lands subject to conservation
or agricultural easements for conservation or agricultural
purposes by local governments, special districts, or nonprofit
501(c)(3) organizations, areas of the state designated by the
State Mining and Geology Board as areas of statewide or
regional significance pursuant to Section 2790 of the Public
Resources Code, and lands under Williamson Act contracts;
(5) areas designated for open-space or agricultural uses
in adopted open-space elements or agricultural elements
of the local general plan or by local ordinance; (6) areas
containing biological resources as described in Appendix G
of the CEQA Guidelines that may be significantly affected
by the sustainable communities strategy or the alternative
planning strategy; and (7) an area subject to flooding where
a development project would not, at the time of development
in the judgment of the agency, meet the requirements of
the National Flood Insurance Program or where the area
is subject to more protective provisions of state law or local
ordinance.
(b) Farmland means farmland that is outside all existing
city spheres of influence or city limits as of January 1, 2008,
and is one of the following:
(1) Classified as prime or unique farmland or farmland
of statewide importance.
(2) Farmland classified by a local agency in its general
plan that meets or exceeds the standards for prime or unique
farmland or farmland of statewide importance.
(c) Feasible means capable of being accomplished in a
successful manner within a reasonable period of time, taking
into account economic, environmental, legal, social, and
technological factors.
(d) Consistent shall have the same meaning as that
term is used in Section 134 of Title 23 of the United States
Code.
(e) Internally consistent means that the contents of
the elements of the regional transportation plan must be
consistent with each other.
(Added by Stats. 2008, Ch. 728.)
65080.1. Restriction of designation of new transportation
agencies after regional planning begins
Once preparation of a regional transportation plan
has been commenced by or on behalf of a designated
transportation planning agency, the Secretary of the Business,
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plan, and the updating thereto, for that area and submit it
to the governing body or designated policy committee of
the transportation planning agency for adoption. Prior to
adoption, a public hearing shall be held, after the giving of
notice of the hearing by publication in the affected county
or counties pursuant to Section 6061. Prior to the adoption
of the regional transportation improvement program by the
transportation planning agency if it prepared the program,
the transportation planning agency shall consider the
relationship between the program and the adopted plan. The
adopted plan and program, and the updating thereto, shall
be submitted to the California Transportation Commission
and the department pursuant to subdivision (b) of Section
65080.
(b) In the case of a transportation planning agency
designated under subdivision (c) of Section 29532, the
transportation planning agency may prepare the regional
transportation plan for the area under its jurisdiction pursuant
to this chapter, if the transportation planning agency, prior to
July 1, 1978, adopts by resolution a declaration of intention
to do so.
(c) In those areas that have a county transportation
commission created pursuant to Section 130050 of the Public
Utilities Code, the multicounty designated transportation
planning agency, as defined in Section 130004 of that code,
shall prepare the regional transportation plan and the regional
transportation improvement program in consultation with
the county transportation commissions.
(d) Any transportation planning agency which did not
elect to prepare the initial regional transportation plan for
the area under its jurisdiction, may prepare the updated plan
if it adopts a resolution of intention to do so at least one year
prior to the date when the updated plan is to be submitted to
the California Transportation Commission.
(e) If the department prepares or updates a regional
transportation improvement program or regional
transportation plan, or both, pursuant to this section, the
state-local share of funding the preparation or updating of
the plan and program shall be calculated on the same basis
as though the preparation or updating were to be performed
by the transportation planning agency and funded under
Sections 99311, 99313, and 99314 of the Public Utilities
Code.
(Amended by Stats. 1977, Ch. 1106; Amended by Stats.
1982, Ch. 681.)
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65088. Intent
The Legislature finds and declares all of the following:
(a) Although Californias economy is critically dependent
upon transportation, its current transportation system relies
primarily upon a street and highway system designed to
accommodate far fewer vehicles than are currently using the
system.
(b) Californias transportation system is characterized by
fragmented planning, both among jurisdictions involved and
among the means of available transport.
(c) The lack of an integrated system and the increase in
the number of vehicles are causing traffic congestion that
each day results in 400,000 hours lost in traffic, 200 tons of
pollutants released into the air we breathe, and three million
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the planning agency shall meet with the school district within
15 days following notification.
(c) At least 45 days prior to completion of a school
facility needs analysis pursuant to Section 65995.6, a master
plan pursuant to Sections 16011 and 16322 of the Education
Code, or other long-range plan, that relates to the potential
expansion of existing schoolsites or the necessity to acquire
additional schoolsites, the governing board of any school
district shall notify and provide copies of any relevant and
available information, master plan, or other long-range plan,
including, if available, any proposed school facility needs
analysis, that relates to the potential expansion of existing
schoolsites or the necessity to acquire additional schoolsites,
to the planning commission or agency of the city or county
with land use jurisdiction within the school district. Following
notification, or at any other time, the affected city or county
may request a meeting in accordance with subdivision (d). If
a meeting is requested, the school district shall meet with the
city or county within 15 days following notification. After
providing the information specified in this section within
the 45-day time period specified in this subdivision, the
governing board of the affected school district may complete
the affected school facility needs analysis, master plan, or
other long-range plan without further delay.
(d) At any meeting requested pursuant to subdivision (b)
or (c) the parties may review and consider, but are not limited
to, the following issues:
(1) Methods of coordinating planning, design, and
construction of new school facilities and schoolsites in
coordination with the existing or planned infrastructure,
general plan, and zoning designations of the city and county.
(2) Options for the siting of new schools and whether
or not the local city or counties existing land use element
appropriately reflects the demand for public school facilities,
and ensures that new planned development reserves location
for public schools in the most appropriate locations.
(3) Methods of maximizing the safety of persons traveling
to and from schoolsites.
(4) Opportunities to coordinate the potential siting
of new schools in coordination with existing or proposed
community revitalization efforts by the city or county.
(5) Opportunities for financial assistance which the local
government may make available to assist the school district
with site acquisition, planning, or preparation costs.
(6) Review all possible methods of coordinating
planning, design, and construction of new school facilities
and schoolsites or major additions to existing school facilities
and recreation and park facilities and programs in the
community.
(Added by Stats. 2001, Ch. 396; Amended by Stats. 2003,
Ch. 587.)
65352.3. Consultations with California Native American
tribes to preserve or mitigate impacts
(a) (1) Prior to the adoption or any amendment of a
city or countys general plan, proposed on or after March
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65561. Policy
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 maintenance of
the economy of the state, but also for the assurance of the
continued availability of land for the production of food and
fiber, for the enjoyment of scenic beauty, for recreation and
for the use of natural resources.
(b) That discouraging premature and unnecessary
conversion of open-space land to urban uses is a matter of
public interest and will be of benefit to urban dwellers because
it will discourage noncontiguous development patterns which
unnecessarily increase the costs of community services to
community residents.
(c) That the anticipated increase in the population of
the state demands that cities, counties, and the state at the
earliest possible date make definite plans for the preservation
of valuable open-space land and take positive action to carry
out such plans by the adoption and strict administration of
laws, ordinances, rules and regulations as authorized by this
chapter or by other appropriate methods.
(d) That in order to assure that the interests of all its
people are met in the orderly growth and development of the
state and the preservation and conservation of its resources,
it is necessary to provide for the development by the state,
regional agencies, counties and cities, including charter cities,
of statewide coordinated plans for the conservation and
preservation of open-space lands.
(e) That for these reasons this article is necessary for the
promotion of the general welfare and for the protection of
the public interest in open-space land.
(Added by Stats. 1970, Ch. 1590.)
65562. Intent
It is the intent of the Legislature in enacting this article:
(a) To assure that cities and counties recognize that openspace land is a limited and valuable resource which must be
conserved wherever possible.
(b) To assure that every city and county will prepare
and carry out open-space plans which, along with state and
regional open-space plans, will accomplish the objectives of a
comprehensive open-space program.
(Added by Stats. 1970, Ch. 1590.)
65562.5. Consultations with California Native American
tribes to determine level of confidentiality required
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 and 5097.993
of the Public Resources Code, the city or county in which the
place, feature, or object is located shall conduct consultations
with the California Native American tribe, if any, that has
given notice pursuant to Section 65092 for the purpose of
determining the level of confidentiality required to protect
the specific identity, location, character, or use of the place,
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fails to submit the first draft to the department before the due
date specified in Section 65588 or 65584.02.
(f ) The deadline for completing required rezoning
pursuant to subparagraph (A) of paragraph (1) of subdivision
(c) shall be extended by one year if the local government has
completed the rezoning at densities sufficient to accommodate
at least 75 percent of the units for low- and very low income
households and if the legislative body at the conclusion of a
public hearing determines, based upon substantial evidence,
that any of the following
circumstances exist:
(1) The local government has been unable to complete
the rezoning because of the action or inaction beyond the
control of the local government of any other state, federal, or
local agency.
(2) The local government is unable to complete the
rezoning because of infrastructure deficiencies due to fiscal
or regulatory constraints.
(3) The local government must undertake a major revision
to its general plan in order to accommodate the housingrelated policies of a sustainable communities strategy or an
alternative planning strategy adopted pursuant to Section
65080.
The resolution and the findings shall be transmitted to
the department together with a detailed budget and schedule
for preparation and adoption of the required rezonings,
including plans for citizen participation and expected interim
action. The schedule shall provide for adoption of the required
rezoning within one year of the adoption of the resolution.
(g) (1) If a local government fails to complete the rezoning
by the deadline provided in subparagraph (A) of paragraph
(1) of subdivision (c), as it may be extended pursuant to
subdivision (f ), except as provided in paragraph (2), a local
government may not disapprove a housing development
project, nor require a conditional use permit, planned unit
development permit, or other locally imposed discretionary
permit, or impose a condition that would render the project
infeasible, if the housing development project (A) is proposed
to be located on a site required to be rezoned pursuant to
the program action required by that subparagraph and (B)
complies with applicable, objective general plan and zoning
standards and criteria, including design review standards,
described in the program action required by that subparagraph.
Any subdivision of sites shall be subject to the Subdivision
Map Act (Division 2 (commencing with Section 66410)).
Design review shall not constitute a project for purposes of
Division 13 (commencing with Section 21000) of the Public
Resources Code.
(2) A local government may disapprove a housing
development described in paragraph (1) if it makes written
findings supported by substantial evidence on the record that
both of the following conditions exist:
(A) The housing development project would have a
specific, adverse impact upon the public health or safety
unless the project is disapproved or approved upon the
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than the close of the appeal process, and shall describe the
rationale for its decision.
(h) Both the methodology and allocation process shall
consider the factors listed under subdivision (d) of Section
65584.04 and promote the goals and objectives of subdivision
(d) of Section 65584 and the regional transportation plan
growth forecasting process to integrate housing planning
with projected population growth and transportation. The
association shall complete the final housing need allocation
plan on or before June 30, 2007. It is the intent of the
Legislature that the housing element update deadlines,
as required under Section 65588, and as modified by the
department under paragraph (2) of subdivision (a) of Section
65584.02, will not be extended. The association shall submit
a report to the Legislature on or before March 30, 2007,
describing the progress it has made in completing the final
need allocation plan.
(i) A city or county may file one appeal of its draft
allocation to the association, or a delegate subregion, pursuant
to subdivision (e) of Section 65584.05, based upon any of the
following criteria:
(1) The association or delegate subregion, as applicable,
failed to adequately consider the information submitted
pursuant to subdivision (d), or a significant and unforeseen
change in circumstances has occurred in the local jurisdiction
that merits a revision of the information submitted pursuant
to that subdivision.
(2) The association or delegate subregion, as applicable,
failed to determine the local governments share of the
regional housing need in accordance with the information
described in, and the methodology established pursuant to
subdivision (f ).
(j) A city or county shall not be allowed to file more than
one appeal under subdivision (i), and no appeals may be filed
relating to any adjustments made pursuant to subdivision (g)
of Section 65584.05.
(k) The final allocation plan shall be subject to the
provisions of subdivision (h) of Section 65584.05.
(l) The final allocation plan adopted by the association
shall ensure that the total regional housing need, by income
category, as determined under subdivision (c), is maintained.
The resolution adopted by the association approving the final
housing need allocation plan shall show how the plan:
(1) Is consistent with the objectives of this section and
article.
(2) Is consistent with the pending update of the regional
transportation plan.
(3) Takes into account the information provided to the
association by its member jurisdictions and members of the
public pursuant to subdivisions (d) and (f ).
(m) This section shall remain in effect only until January
1, 2015, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2015, deletes or
extends that date.
(Added by Stats. 2007, Ch. 5.)
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shall publish on its Internet Web site the estimated and actual
housing element due dates, as published by the department,
for the jurisdictions within its region and shall send notice of
these dates to interested parties. For purposes of determining
the existing and projected need for housing within a region
pursuant to Sections 65584 to 65584.08, inclusive, the date
of the next scheduled revision of the housing element shall
be deemed to be the estimated adoption date of the regional
transportation plan update described in the notice provided
to the Department of Transportation plus 18 months.
(6) The new projection period shall begin on the date of
December 31 or June 30 that most closely precedes the end
of the previous projection period.
(f ) For purposes of this article, the following terms have
the following meanings:
(1) Planning period shall be the time period between
the due date for one housing element and the due date for the
next housing element.
(2) Projection period shall be the time period for which
the regional housing need is calculated.
(g) For purposes of this section, regional transportation
plan update shall mean a regional transportation plan
adopted to satisfy the requirements of subdivision (d) of
Section 65080.
(Amended by Stats. 1984, Ch. 208; Amended by Stats.
1993, Ch. 695; Amended by Stats. 1996, Ch. 39; Amended
by Stats. 1997, Ch. 580; Amended by Stats. 1998, Ch. 819;
Amended by Stats. 1999, Ch. 107; Amended by Stats. 2000, Ch.
117; Amended by Stats. 2001, Ch. 85; Amended by Stats. 2003,
Ch. 58; Amended by Stats. 2006, Ch. 890; Amended by Stats.
2007, Ch. 696; Amended by Stats. 2008, Ch. 728; Amended by
Stats. 2009, Ch. 354.)
65588.1. (Added by Stats. 1993, Ch. 695; Amended by Stats.
2000, Ch. 117; Repealed by Stats. 2005, Ch. 595.)
65588.5. (Repealed by Stats. 1993, Ch. 1678.)
65589. Legal effect
(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 housing,
housing subsidies, or land acquisition.
(2) Disapprove any residential development which is
consistent with the general plan.
(b) Nothing in this article shall be construed to be a grant
of authority or a repeal of any authority which may exist of
a local government to impose rent controls or restrictions on
the sale of real property.
(c) Nothing in this article shall be construed to be a
grant of authority or a repeal of any authority which may
exist of a local government with respect to measures that
may be undertaken or required by a local government to be
undertaken to implement the housing element of the local
general plan.
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fund. Fines shall not be paid from funds that are already
dedicated for affordable housing, including, but not limited
to, redevelopment or low- and moderate-income housing
funds and federal HOME and CDBG funds. The local
agency shall commit the money in the trust fund within five
years for the sole purpose of financing newly constructed
housing units affordable to extremely low, very low, or lowincome households. For purposes of this section, bad faith
shall mean an action that is frivolous or otherwise entirely
without merit.
(m) Any action brought to enforce the provisions of
this section shall be brought pursuant to Section 1094.5
of the Code of Civil Procedure, and the local agency shall
prepare and certify the record of proceedings in accordance
with subdivision (c) of Section 1094.6 of the Code of Civil
Procedure no later than 30 days after the petition is served,
provided that the cost of preparation of the record shall be
borne by the local agency. Upon entry of the trial courts order,
a party shall, in order to obtain appellate review of the order,
file a petition within 20 days after service upon it of a written
notice of the entry of the order, or within such further time
not exceeding an additional 20 days as the trial court may for
good cause allow. If the local agency appeals the judgment
of the trial court, the local agency shall post a bond, in an
amount to be determined by the court, to the benefit of the
plaintiff if the plaintiff is the project applicant.
(n) In any action, the record of the proceedings before
the local agency shall be filed as expeditiously as possible
and, notwithstanding Section 1094.6 of the Code of Civil
Procedure or subdivision (m) of this section, all or part of the
record may be prepared (1) by the petitioner with the petition
or petitioners points and authorities, (2) by the respondent
with respondents points and authorities, (3) after payment
of costs by the petitioner, or (4) as otherwise directed by the
court. If the expense of preparing the record has been borne
by the petitioner and the petitioner is the prevailing party, the
expense shall be taxable as costs.
(o) This section shall be known, and may be cited, as the
Housing Accountability Act.
(Added by Stats. 1982, Ch. 1438; Amended by Stats. 1990,
Ch. 1439; Amended by Stats. 1991, Ch. 100; Amended by Stats.
1992, Ch. 1356; Amended by Stats. 1994, Ch. 896; Amended
by Stats. 1999, Ch. 966; Amended by Stats. 1999, Ch. 968;
Amended by Stats. 2001, Ch. 237; Amended by Stats. 2002, Ch.
147; Amended by Stats. 2003, Ch. 793; Amended by Stats. 2004,
Ch. 724; Amended by Stats. 2005, Ch. 601; Amended by Stats.
2006, Ch. 888; Amended by Stats. 2007, Ch. 633; Amended by
Stats. 2010, Ch. 610.)
65589.6. Action to challenge validity of project approval/
disapproval
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 condition that it be developed at
a lower density pursuant to Section 65589.5, the city, county,
or city and county shall bear the burden of proof that its
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not limited to, roadways and utilities that serve the stadium
complex or associated development.
(Added Stats. 2009 3d Ex Sess Ch. 30, [Effective January
25, 2010])
Article 14. Actions or Proceedings
65750. Definitions
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 petition, complaint,
cross-complaint, complaint in intervention, or any other
form.
(b) Petitioner includes a petitioner, plaintiff, crosscomplainant, or intervenor who files an action of any kind
pursuant to Section 65751.
(Repealed and Added by Stats. 1984, Ch. 1039).
Note: Stats. 1984, Ch. 1039, provides:
SEC. 12. It is the intent of the Legislature that the term
substantial compliance, as used in Article 14 (commencing
with Section 65750) of Chapter 3 of Division 1 of Title 7
of the Government Code be given the same interpretation
as was given that term by the court in Camp v. Board of
Supervisors, 123 Cal.App.3d 334 at page 348.
65751. Judicial standard of review
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 Article 5
(commencing with Section 65300) shall be brought pursuant
to Section 1085 of the Code of Civil Procedure.
(Amended by Stats. 1984, Ch. 1039. See note following
Section 65750.)
65752. Priority of judicial challenges
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 over all other civil
actions before the court in the matter of setting the same for
hearing or trial, and in hearing the same, to the end that all
such actions shall be speedily heard and determined.
(Added by Stats. 1982, Ch. 27.)
65753. Procedures for hearing/trial
(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, within 90 days of the date
the petitioner files the petition for a writ of mandate pursuant
to Section 65751. If no request for a hearing or trial is filed
within 90 days of the date that petition is filed, the action or
proceeding may be set for hearing or trial or dismissed on
the motion of any party other than the petitioner or may be
dismissed on the courts own motion.
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(l) During the 180-day period following the initial 180day period required pursuant to subdivision (i), an owner
may accept an offer from a person or an entity that does not
qualify under subdivision (e). This acceptance shall be made
subject to the owner providing each qualified entity that
made a bona fide offer to purchase the first opportunity to
purchase the development at the same terms and conditions
as the pending offer to purchase, unless these terms and
conditions are modified by mutual consent. The owner shall
notify in writing those qualified entities of the terms and
conditions of the pending offer to purchase, sent by registered
or certified mail, return receipt requested. The qualified entity
shall have 30 days from the date the notice is mailed to
submit a bona fide offer to purchase and that offer shall be
accepted by the owner. The owner shall not be required to
comply with the provisions of this subdivision if the person
or the entity making the offer during this time period agrees
to maintain the development for persons and families of very
low, low, and moderate income in accordance with paragraph
(2) of subdivision (e). The owner shall notify the department
regarding how the buyer is meeting the requirements of
paragraph (2) of subdivision (e).
(m) This section shall not apply to any of the following:
a government taking by eminent domain or negotiated
purchase; a forced sale pursuant to a foreclosure; a transfer by
gift, devise, or operation of law; a sale to a person who would
be included within the table of descent and distribution if
there were to be a death intestate of an owner; or an owner
who certifies, under penalty of perjury, the existence of a
financial emergency during the period covered by the first
right of refusal requiring immediate access to the proceeds of
the sale of the development. The certification shall be made
pursuant to subdivision (p).
(n) Prior to the close of escrow, an owner selling, leasing, or
otherwise disposing of a development to a purchaser who does
not qualify under subdivision (e) shall certify under penalty
of perjury that the owner has complied with all provisions of
this section and Section 65863.10. This certification shall be
recorded and shall contain a legal description of the property,
shall be indexed to the name of the owner as grantor, and may
be relied upon by good faith purchasers and encumbrances
for value and without notice of a failure to comply with the
provisions of this section.
Any person or entity acting solely in the capacity of an
escrow agent for the transfer of real property subject to this
section shall not be liable for any failure to comply with this
section unless the escrow agent either had actual knowledge
of the requirements of this section or acted contrary to written
escrow instructions concerning the provisions of this section.
(o) The department shall undertake the following
responsibilities and duties:
(1) Maintain a form containing a summary of rights and
obligations under this section and make that information
available to owners of assisted housing developments as
well as to tenant associations, local nonprofit organizations,
regional or national nonprofit organizations, public agencies,
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65868.5. Recordation
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 county recorder a
copy of the agreement, which shall describe the land subject
thereto. From and after the time of such recordation, the
agreement shall impart such notice thereof to all persons as
is afforded by the recording laws of this state. The burdens
of the agreement shall be binding upon, and the benefits of
the agreement shall inure to, all successors in interest to the
parties to the agreement.
(Added by Stats. 1979, Ch. 934.)
65867. Hearings
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 consider adoption of a
development agreement shall be given as provided in Sections
65090 and 65091 in addition to any other notice required by
law for other actions to be considered concurrently with the
development agreement.
(Amended by Stats. 1984, Ch. 1009.)
65867.5. Findings of consistency
(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 approved
unless the legislative body finds that the provisions of the
agreement are consistent with the general plan and any
applicable specific plan.
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65868. Amendment
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. Notice of intention
to amend or cancel any portion of the agreement shall be given
in the manner provided by Section 65867. An amendment to
an agreement shall be subject to the provisions of Section
65867.5.
(Added by Stats. 1979, Ch. 934.)
65869. Exemption
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 certified
pursuant to the requirements of Division 20 (commencing
with Section 30000) of the Public Resources Code, unless:
(1) the required local coastal program has been certified as
required by such provisions prior to the date on which the
development agreement is entered into, or (2) in the event that
the required local coastal program has not been certified, the
California Coastal Commission approves such development
agreement by formal commission action.
(Added by Stats. 1979, Ch. 934.)
65869.5. Modification/suspension
In the event that state or federal laws or regulations,
enacted after a development agreement has been entered into,
prevent or preclude compliance with one or more provisions of
the development agreement, such provisions of the agreement
shall be modified or suspended as may be necessary to comply
with such state or federal laws or regulations.
(Added by Stats. 1979, Ch. 934.)
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65890.3. Guidebook
The Department of Housing and Community
Development shall prepare a guidebook for use by cities,
counties, councils of government, state agencies, and the
private sector in the planning and development of a housing
supply to meet the need created by employment growth. The
guidebook shall be prepared in time for use following the
availability of the 1990 Census of Population and Housing.
(Added by Stats. 1990, Ch. 843.)
65890.5. Contents
(a) The guidebook shall include the following:
(1) Methodologies for measuring the balance of jobs and
housing.
(2) Methodologies for analysis of the projected needed
housing supply to serve projected employment growth.
(3) Methodologies to encourage the balance of jobs and
housing.
(4) Incentives which local, regional, and state agencies
may offer to the private sector to encourage developments
and design which will facilitate an improved balance between
employment generating land use and residential land use.
(5) Methodologies cities and counties may use to analyze
trip generation and vehicle miles traveled to and from
employment centers.
(6) Methodologies cities and counties may use to achieve
more efficient use of transportation facilities serving major
employment centers.
(7) Descriptions of successful and unsuccessful efforts
by cities or counties to move toward improved jobs-housing
balance.
(b) The guidebook shall seek to describe and evaluate
the various tools available to local, regional, and state
governments to measure, evaluate, and improve the balance
of jobs and housing and to mitigate the undesirable effects
of any imbalance between jobs and housing. The guidebook
shall describe efforts by cities, counties, and regional agencies
to improve the balance of jobs and housing.
(c) The department shall consult with interested parties
and organizations such as academic institutions,environmental
groups, businesses, labor unions, real estate groups, housing
advocacy groups, cities, counties, and regional agencies. The
final guidebook shall be completed no later than December
31, 1993.
(d) Within two years of final publication of the guidebook,
the Assembly Office of Research shall complete a study
of the effectiveness of the guidebook as a decisionmaking
tool by public agencies and the private sector to facilitate
improved jobs-housing balance. The study shall include the
offices recommendations for legislation needed to improve
the effectiveness of decisionmaking as it relates to achieving
jobs-housing balance, if any.
(Added by Stats. 1990, Ch. 843.)
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Article 2.10.
(Repealed January 1, 2009 by terms of Section 65791.12)
65891. (Added by Stats. 2000, Ch. 80; Repealed January 1,
2009 by terms of Section 65791.12)
65891.1. (Added by Stats. 2000, Ch. 80; Repealed January 1,
2009 by terms of Section 65791.12)
65891.2. (Added by Stats. 2000, Ch. 80; Repealed January 1,
2009 by terms of Section 65791.12)
65891.3. (Added by Stats. 2000, Ch. 80; Repealed January 1,
2009 by terms of Section 65791.12)
65891.4. (Added by Stats. 2000, Ch. 80; Repealed January 1,
2009 by terms of Section 65791.12)
65891.5. (Added by Stats. 2000, Ch. 80; Repealed January 1,
2009 by terms of Section 65791.12)
65891.7. (Added by Stats. 2000, Ch. 80; Repealed January 1,
2009 by terms of Section 65791.12)
65891.8. (Added by Stats. 2000, Ch. 80; Amended by Stats.
2003, Ch. 501; Repealed January 1, 2009 by terms of Section
65791.12)
65891.9. (Added by Stats. 2000, Ch. 80; Repealed January 1,
2009 by terms of Section 65791.12)
65891.10. (Added by Stats. 2000, Ch. 80; Repealed January 1,
2009 by terms of Section 65791.12)
65891.11. (Added by Stats. 2000, Ch. 80; Repealed January 1,
2009 by terms of Section 65791.12)
65891.12. (Amended by Stats. 2003, Ch. 501; Repealed January
1, 2009 by its own terms.)
65892.13. (Added by Stats. 2001, Ch. 562; Added by Stats.
2002, Ch. 664; Amended by Stats. 2002, Ch. 328; Amended by
Stats. 2002, Ch. 664; Inoperative July 1, 2005, Repealed January
1, 2006; Heading Repealed January 1, 2010 by Stats. 2009, Ch.
404.)
Article 2.11 Wind Energy
(The heading of Article 2.11, commencing with Section 65892.13
is Repealed. Article 2.11, commencing with Section 65893 is
Added by Stats. 2009, Ch. 404.)
65893. Findings and declarations
(a) The Legislature finds and declares all of the
following:
Planning, Zoning and Development Laws 2012
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65909.5. Fees
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.
(Added by Stats. 1981, Ch. 914; Amended by Stats. 1990,
Ch. 1572.)
65913. Policy
(a) The Legislature finds and declares that there exists a
severe shortage of affordable housing, especially for persons
and families of low and moderate income, and that there
is an immediate need to encourage the development of
new housing, not only through the provision of financial
assistance, but also through changes in law designed to do all
of the following:
(1) Expedite the local and state residential development
process.
(2) Assure that local governments zone sufficient land at
densities high enough for production of affordable housing.
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(b) (1) A city, county, or city and county shall grant one
density bonus, the amount of which shall be as specified in
subdivision (f ), and incentives or concessions, as described in
subdivision (d), when an applicant for a housing development
seeks and agrees to construct a housing development,
excluding any units permitted by the density bonus awarded
pursuant to this section, that will contain at least any one of
the following:
(A) Ten percent of the total units of a housing
development for lower income households, as defined in
Section 50079.5 of the Health and Safety Code.
(B) Five percent of the total units of a housing
development for very low income households, as defined in
Section 50105 of the Health and Safety Code.
(C) A senior citizen housing development, as defined in
Sections 51.3 and 51.12 of the Civil Code, or mobilehome
park that limits residency based on age requirements for
housing for older persons pursuant to Section 798.76 or
799.5 of the Civil Code.
(D) Ten percent of the total dwelling units in a common
interest development as defined in Section 1351 of the Civil
Code for persons and families of moderate income, as defined
in Section 50093 of the Health and Safety Code, provided
that all units in the development are offered to the public for
purchase.
(2) For purposes of calculating the amount of the density
bonus pursuant to subdivision (f ), the applicant who requests a
density bonus pursuant to this subdivision shall elect whether
the bonus shall be awarded on the basis of subparagraph (A),
(B), (C), or (D) of paragraph (1).
(3) For the purposes of this section, total units or total
dwelling units does not include units added by a density
bonus awarded pursuant to this section or any local law
granting a greater density bonus.
(c) (1) An applicant shall agree to, and the city, county,
or city and county shall ensure, continued affordability of all
low- and very low income units that qualified the applicant for
the award of the density bonus for 30 years or a longer period
of time if required by the construction or mortgage financing
assistance program, mortgage insurance program, or rental
subsidy program. Rents for the Lower income density bonus
units shall be set at an affordable rent as defined in Section
50053 of the Health and Safety Code.
Owner-occupied units shall be available at an affordable
housing cost as defined in Section 50052.5 of the Health and
Safety Code.
(2) An applicant shall agree to, and the city, county, or
city and county shall ensure that, the initial occupant of the
moderate-income units that are directly related to the receipt
of the density bonus in the common interest development,
as defined in Section 1351 of the Civil Code, are persons
and families of moderate income, as defined in Section
50093 of the Health and Safety Code, and that the units are
offered at an affordable housing cost, as that cost is defined
in Section 50052.5 of the Health and Safety Code. The
local government shall enforce an equity sharing agreement,
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(2) This increase shall be in addition to any increase
in density mandated by subdivision (b), up to a maximum
combined mandated density increase of 35 percent if an
applicant seeks an increase pursuant to both this subdivision
and subdivision (b). All density calculations resulting in
fractional units shall be rounded up to the next whole
number. Nothing in this subdivision shall be construed to
enlarge or diminish the authority of a city, county, or city and
county to require a developer to donate land as a condition of
development. An applicant shall be eligible for the increased
density bonus described in this subdivision if all of the
following conditions are met:
(A) The applicant donates and transfers the land no later
than the date of approval of the final subdivision map, parcel
map, or residential development application.
(B) The developable acreage and zoning classification of
the land being transferred are sufficient to permit construction
of units affordable to very low income households in an
amount not less than 10 percent of the number of residential
units of the proposed development.
(C) The transferred land is at least one acre in size or of
sufficient size to permit development of at least 40 units, has the
appropriate general plan designation, is appropriately zoned
with appropriate development standards for development at
the density described in paragraph (3) of subdivision (c) of
Section 65583.2, and is or will be served by adequate public
facilities and infrastructure.
(D) The transferred land shall have all of the permits
and approvals, other than building permits, necessary for the
development of the very low income housing units on the
transferred land, not later than the date of approval of the
final subdivision map, parcel map, or residential development
application, except that the local government may subject the
proposed development to subsequent design review to the
extent authorized by subdivision (i) of Section 65583.2 if the
design is not reviewed by the local government prior to the
time of transfer.
(E) The transferred land and the affordable units shall be
subject to a deed restriction ensuring continued affordability
of the units consistent with paragraphs (1) and (2) of
subdivision (c), which shall be recorded on the property at
the time of the transfer.
(F) The land is transferred to the local agency or to a
housing developer approved by the local agency. The local
agency may require the applicant to identify and transfer the
land to the developer.
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65919. Definitions
As used in this chapter, the following terms have the
following meanings:
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65956.5. Appeal
(a) Prior to an applicant providing advance notice to an
environmental agency of the intent to provide public notice
pursuant to subdivision (b) of Section 65956 for action on an
environmental permit, the applicant may submit an appeal
in writing to the governing body of the environmental
agency, or if there is no governing body, to the director of
the environmental agency, as provided by the environmental
agency, for a determination regarding the failure by the
environmental agency to take timely action on the issuance
or denial of the environmental permit in accordance with the
time limits specified in this chapter.
(b) There shall be a final written determination by
the environmental agency on the appeal not later than 60
calendar days after receipt of the applicants written appeal.
The final written determination by the environmental agency
shall specify both of the following:
(1) The reason or reasons for failing to act pursuant to
the time limits in this chapter.
(2) A date by which the environmental agency shall act
on the permit application.
(c) Notwithstanding any other provision of this chapter,
any appeal submitted pursuant to subdivision (a) involving
an environmental permit from an environmental agency shall
be made to the Secretary for Environmental Protection if
the environmental agency declines to accept the appeal for
a decision pursuant to subdivision (a) or the environmental
agency does not make a final written determination pursuant
to subdivision (b).
(d) Any appeal submitted pursuant to subdivision (a)
involving an environmental permit to a board, office, or
department within the California Environmental Protection
Agency shall be made to the Secretary for Environmental
Protection.
(e) For purposes of this section, environmental permit
has the same meaning as defined in Section 71012 of the
Public Resources Code, and environmental agency has the
same meaning as defined in Section 71011 of the Public
Resources Code, except that environmental agency does not
include the agencies described in subdivisions (c) and (h) of
Section 71011 of the Public Resources Code.
(Added by Stats. 1993, Ch. 419.)
65957. Extension of time limits
The time limits established by Sections 65950, 65950.1,
65951, and 65952 may be extended once upon mutual
written agreement of the project applicant and the public
agency for a period not to exceed 90 days from the date of
the extension. No other extension, continuance, or waiver of
these time limits either by the project applicant or the lead
agency shall be permitted, except as provided in this section
and Section 65950.1. Failure of the lead agency to act within
these time limits may result in the project being deemed
approved pursuant to the provisions of subdivision (b) of
Section 65956.
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project, then only one permit from the lead agency and one
permit from each responsible agency shall be required for all
drilling, construction, operation, and maintenance activities
required during the course of the productive life of the project,
including, but not limited to, the drilling of makeup wells,
redrills, well cleanouts, pipeline hookups, or any other activity
necessary to the continued supply of geothermal steam to a
powerplant. The lead agency and each responsible agency may
approve such permits for less than full field development if
the applicant submits such an application. Such permits shall
include (1) any conditions or stipulations deemed necessary
by the lead or responsible agency, including appropriate
mitigation measures within the statutory jurisdiction of such
agency, and (2) a monitoring program capable of assuring
the permittees conformance with all such conditions or
stipulations. This section shall not apply to any permit whose
issuance is a ministerial act by the permitting agency.
(Added by Stats. 1978, Ch. 1271.)
65961. Building permit requirements
Notwithstanding any other provision of law, except
as provided in subdivisions (e) and (f ), upon approval or
conditional approval of a tentative map for a subdivision
of single- or multiple-family residential units, or upon
recordation of a parcel map for such a subdivision for which
no tentative map was required, during the five-year period
following recordation of the final map or parcel map for
the subdivision, a city, county, or city and county shall not
require as a condition to the issuance of any building permit
or equivalent permit for such single- or multiple-family
residential units, conformance with or the performance of
any conditions that the city or county could have lawfully
imposed as a condition to the previously approved tentative
or parcel map. Nor shall a city, county, or city and county
withhold or refuse to issue a building permit or equivalent
permit for failure to conform with or perform any conditions
that the city, county, or city and county could have lawfully
imposed as a condition to the previously approved tentative
or parcel map. However, the provisions of this section shall
not prohibit a city, county, or city and county from doing any
of the following:
(a) Imposing conditions or requirements upon the
issuance of a building permit or equivalent permit which
could have been lawfully imposed as a condition to the
approval of a tentative or parcel map if the local agency finds
it necessary to impose the condition or requirement for any
of the following reasons:
(1) A failure to do so would place the residents of the
subdivision or of the immediate community, or both, in a
condition perilous to their health or safety, or both.
(2) The condition is required in order to comply with
state or federal law.
(b) Withholding or refusing to issue a building permit or
equivalent permit if the local agency finds it is required to do
so in order to comply with state or federal law.
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WASTE
AND
SUBSTANCES
Name of applicant:
Address:
Phone number:
Address of site (street name and number if available, and
ZIP Code):
Local agency (city/county):
Assessors book, page, and parcel number:
Specify any list pursuant to Section 65962.5 of the
Government Code:
Regulatory identification number:
Date of list:
_________________________
Applicant, Date
(g) The changes made to this section by the act amending
this section, that takes effect January 1, 1992, apply only
to projects for which applications have not been deemed
complete on or before January 1, 1992, pursuant to Section
65943.
(Added by Stats. 1986, Ch. 1048; Amended by Stats. 1990,
Ch. 537; Amended by Stats. 1991, Ch. 1212; Amended by Stats.
1996, Ch. 1023.)
65963.1. Land use decisions or permits for hazardous
waste facilities
Except as otherwise provided in Article 8.7 (commencing
with Section 25199) of Chapter 6.5 of Division 20 of the
Health and Safety Code, this chapter applies to the making of
a land use decision or the issuance of a permit for a hazardous
waste facility project by a public agency, as defined in Section
25199.1 of the Health and Safety Code, including, but not
limited to, all of the following actions:
(a) The approval of land use permits and conditional use
permits, the granting of variances, the subdivision of property,
and the modification of existing property lines pursuant to
this division or Division 2 (commencing with Section 66410)
of Title 7, and, for purposes of this chapter, project includes
an activity requiring any of those actions.
(b) The issuance of hazardous waste facility permits by
the State Department of Health Services pursuant to Chapter
6.5 (commencing with Section 25100) of Division 20 of the
Health and Safety Code.
(c) The issuance of waste discharge requirements by
California regional water quality control boards pursuant to
Article 4 (commencing with Section 13260) of Chapter 4 of
Division 7 of the Water Code.
(d) The issuance of authority to construct permits by
the district board of an air pollution control district or an
air quality management district pursuant to Division 26
(commencing with Section 39000) of the Health and Safety
Code.
(e) The issuance of solid waste facilities permits by the
enforcement agency pursuant to Article 2 (commencing with
Section 66796.30) of Chapter 3 of Title 7.3.
(Added by Stats. 1986, Ch. 1504.)
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65968.
(a) Notwithstanding Section 13014 of the Fish and
Game Code, if accompanying funds are conveyed pursuant
to Section 65966 for property conveyed pursuant to Section
65967, the accompanying funds may be held by the same
special district or nonprofit organization that holds the
property pursuant to this section.
(b) Except as permitted below, the accompanying funds
shall be held by the agency that requires the mitigation or
by the special district or nonprofit organization that holds
the property. The exceptions to this requirement are the
following:
(1) Accompanying funds that are held by an entity
other than the state or holder of the mitigation property as
of January 1, 2012.
(2) Accompanying funds that are held by another entity
pursuant to the terms of a natural community conservation
plan (Chapter 10 (commencing with Section 2800) of
Division 3 of the Fish and Game Code) or a safe harbor
agreement (Article 3.7 (commencing with Section 2089.2)
of Chapter 1.5 of Division 3 of the Fish and Game Code)
that is executed on or before January 1, 2012.
(3) Where existing law prohibits the holder of the
mitigation property to hold the endowment, including forprofit entities.
(c) The special district or nonprofit organization shall
hold, manage, invest, and disburse the funds in furtherance
of the long-term stewardship of the property for which the
funds were set aside.
(d) The holder of accompanying funds shall meet all of
the following requirements:
(1) The holder has the capacity to effectively manage
the mitigation funds.
(2) The holder has the capacity to achieve reasonable
rates of return on the investment of those funds similar to
those of other prudent investors.
(3) The holder utilizes generally accepted accounting
practices as promulgated by either of the following:
(A) The Financial Accounting Standards Board for
nonprofit organizations.
(B) The Governmental Accounting Standards Board
for public agencies, to the extent those practices do not
conflict with any requirement for special districts in Article
2 (commencing with Section 53630) of Chapter 4 of Part 1
of Division 2 of Title 5 of the Government Code.
(4) The holder will be able to ensure that funds are
accounted for, and tied to, a specific property.
(5) If the holder is a nonprofit organization, it has
an investment policy that is consistent with the Uniform
Prudent Management of Institutional Funds Act (Part
7 (commencing with Section 18501) of Division 9 of the
Probate Code).
(e) Except for a mitigation agreement prepared by a
state agency, the mitigation agreement that authorizes
the funds to be conveyed to a special district or nonprofit
organization pursuant to subdivision (a) shall include a
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65970. Policy
The Legislature finds and declares as follows:
(a) Adequate school facilities should be available for
children residing in new residential developments.
(b) Public and private residential developments may
require the expansion of existing public schools or the
construction of new school facilities.
(c) In many areas of the state, the funds for the
construction of new classroom facilities are not available
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66000. Definitions
As used in this chapter:
(a) Development project means any project undertaken
for the purpose of development. Development project
includes a project involving the issuance of a permit for
construction or reconstruction, but not a permit to operate.
(b) Fee means a monetary exaction other than a tax
or special assessment, whether established for a broad class
of projects by legislation of general applicability or imposed
on a specific project on an ad hoc basis, that is charged by
a local agency to the applicant in connection with approval
of a development project for the purpose of defraying all
or a portion of the cost of public facilities related to the
development project, but does not include fees specified
in Section 66477, fees for processing applications for
governmental regulatory actions or approvals, fees collected
under development agreements adopted pursuant to Article
2.5 (commencing with Section 65864) of Chapter 4, or
fees collected pursuant to agreements with redevelopment
agencies which provide for the redevelopment of property in
furtherance or for the benefit of a redevelopment project for
which a redevelopment plan has been adopted pursuant to
the Community Redevelopment Law (Part 1 (commencing
with Section 33000) of Division 24 of the Health and Safety
Code.
(c) 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.
(d) Public facilities includes public improvements,
public services and community amenities.
(Added by Stats. 1987, Ch. 927; Amended by Stats. 1988,
Ch. 418; Amended by Stats. 1990, Ch. 1572; Amended by Stats.
1996, Ch. 549.)
66000.5. Mitigation Fee Act
(a) This chapter, Chapter 6 (commencing with Section
66010), Chapter 7 (commencing with Section 66012),
Chapter 8 (commencing with Section 66016), and Chapter 9
(commencing with Section 66020) shall be known and may
be cited as the Mitigation Fee Act.
(b) Any action brought in the superior court relating
to the Mitigation Fee Act may be subject to a mediation
proceeding conducted pursuant to Chapter 9.3 (commencing
with Section 66030).
(Added by Stats. 1996, Ch. 799; Amended by Stats. 2010,
Ch. 699.)
66001. Basis for fees: refunds
(a) In any action establishing, increasing, or imposing a
fee as a condition of approval of a development project by a
local agency , the local agency shall do all of the following:
(1) Identify the purpose of the fee.
(2) Identify the use to which the fee is to be put. If the use
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66010. Definitions
As used in this chapter:
(a) Development project means a development project
as defined in Section 66000.
(b) Fee means a monetary exaction or a dedication,
other than a tax or special assessment, which is required by a
local agency of the applicant in connection with approval of
a development project for the purpose of defraying all or a
portion of the cost of public facilities related to the development
project, but does not include fees for processing applications
for governmental regulatory actions or approvals.
(c) Local agency means a local agency, as defined in
Section 66000.
(d) Public facilities means public facilities, as defined
in Section 66000.
(e) Reconstruction means the reconstruction of the
real property, or portion thereof, where the property after
reconstruction is substantially equivalent to the property
prior to damage or destruction.
(Amended by Stats. 1990, Ch. 1572.)
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66012. Fees
(a) Notwithstanding any other provision of law which
prescribes an amount or otherwise limits the amount of a
fee or charge which may be levied by a city, county, or city
and county, a city, county, or city and county shall have the
authority to levy any fee or charge in connection with the
operation of an aerial tramway within its jurisdiction.
(b) If any person disputes whether a fee or charge levied
pursuant to subdivision (a) is reasonable, the auditor, or if
there is no auditor, the fiscal officer, of the city, county, or city
and county shall, upon request of the legislative body of the
city, county, or city and county, conduct a study and determine
whether the fee or charge is reasonable.
(Added by Stats. 1990, Ch. 1572.)
66013. Limits on fees for connection of sewer and water
(a) Notwithstanding any other provision of law, when
a local agency imposes fees for water connections or sewer
connections, or imposes capacity charges, those fees or charges
shall not exceed the estimated reasonable cost of providing
the service for which the fee or charge is imposed, unless a
question regarding the amount of the fee or charge imposed
in excess of the estimated reasonable cost of providing the
services or materials is submitted to, and approved by, a
popular vote of two-thirds of those electors voting on the
issue.
(b) As used in this section:
(1) Sewer connection means the connection of a
structure or project to a public sewer system.
(2) Water connection means the connection of a
structure or project to a public water system, as defined in
subdivision (f ) of Section 116275 of the Health and Safety
Code.
(3) Capacity charge means a charge for public facilities
in existence at the time a charge is imposed or charges for new
public facilities to be acquired or constructed in the future that
are of proportional benefit to the person or property being
charged,including supply or capacity contracts for rights or
entitlements, real property interests, and entitlements and
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66030. Findings
(a) The Legislature finds and declares all of the
following:
(1) Current law provides that aggrieved agencies, project
proponents, and affected residents may bring suit against the
land use decisions of state and local governmental agencies.
In practical terms, nearly anyone can sue once a project has
been approved.
(2) Contention often arises over projects involving local
general plans and zoning, redevelopment plans, the California
Environmental Quality Act (Division 13 (commencing with
Section 21000) of the Public Resources Code), development
impact fees, annexations and incorporations, and the Permit
Streamlining Act (Chapter 4.5 (commencing with Section
65920)).
(3) When a public agency approves a development
project that is not in accordance with the law, or when
the prerogative to bring suit is abused, lawsuits can delay
development, add uncertainty and cost to the development
process, make housing more expensive, and damage
Californias competitiveness. This litigation begins in the
superior court, and often progresses on appeal to the Court
of Appeal and the Supreme Court, adding to the workload of
the states already overburdened judicial system.
(b) It is, therefore, the intent of the Legislature to help
litigants resolve their differences by establishing formal
mediation processes for land use disputes. In establishing these
mediation processes, it is not the intent of the Legislature
to interfere with the ability of litigants to pursue remedies
through the courts.
(Added by Stats. 1994, Ch. 300.)
66031. Mediation subjects
(a) Notwithstanding any other provision of law, any
action brought in the superior court relating to any of the
following subjects may be subject to a mediation proceeding
conducted pursuant to this chapter:
(1) The approval or denial by a public agency of any
development project.
(2) Any act or decision of a public agency made pursuant
to the California Environmental Quality Act (Division 13
(commencing with Section 21000) of the Public Resources
Code).
(3) The failure of a public agency to meet the time limits
specified in Chapter 4.5 (commencing with Section 65920),
commonly known as the Permit Streamlining Act, or in the
Subdivision Map Act (Division 2 (commencing with Section
66410)).
(4) Fees determined pursuant to Chapter 6 (commencing
with Section 17620) of Division 1 of Part 10.5 of the
Education Code or Chapter 4.9 (commencing with Section
65995).
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DIVISION 2. SUBDIVISIONS
Additions and deletions to the code sections based on laws enacted in 20011 are noted in the text. Additions (with the
exception of section numbers) are noted by bold-faced type, while asterisks (***) denote the deletion of punctuation, words,
phrases, sentences, or paragraphs.
Chapter 1. General Provisions and Definitions
Article 1. General Provisions
66410. Short title
This division may be cited as the Subdivision Map Act.
(Added by Stats. 1974, Ch. 1536.)
66411. Local ordinance
Regulation and control of the design and improvement
of subdivisions are vested in the legislative bodies of local
agencies. Each local agency shall, by ordinance, regulate
and control the initial design and improvement of common
interest developments as defined in Section 1351 of the
Civil Code and subdivisions for which this division requires
a tentative and final or parcel map. In the development,
adoption, revision, and application of such ordinance, the
local agency shall comply with the provisions of Section
65913.2. The ordinance shall specifically provide for proper
grading and erosion control, including the prevention of
sedimentation or damage to offsite property. Each local agency
may by ordinance regulate and control other subdivisions,
provided that the regulations are not more restrictive than
the regulations for those subdivisions for which a tentative
and final or parcel map are required by this division, and
provided further that the regulations shall not be applied to
short-term leases (terminable by either party on not more
than 30 days notice in writing) of a portion of the operating
right-of-way of a railroad corporation as defined by Section
230 of the Public Utilities Code unless a showing is made
in individual cases, under substantial evidence, that public
policy necessitates the application of the regulations to those
short-term leases in individual cases.
(Amended by Stats. 1980, Ch. 1152; Amended by Stats.
1988, Ch. 1388.)
66411.1. Limitations on improvements
(a) Notwithstanding Section 66428, whenever a local
ordinance requires improvements for a division of land which
is not a subdivision of five or more lots, the regulations shall be
limited to the dedication of rights-of-way, easements, and the
construction of reasonable offsite and onsite improvements for
the parcels being created. Requirements for the construction
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(1) Subdivisions of a portion of the operating right-ofway of a railroad corporation, as defined by Section 230 of the
Public Utilities Code, that are created by short-term leases
(terminable by either party on not more than 30 days notice
in writing).
(2) ***Any conveyance of land to or from a governmental
agency, public entity, public utility, or for land conveyed to a
subsidiary of a public utility for conveyance to that public
utility for rights-of-way*** shall not be considered a division
of land for purposes ***of computing the number of parcels.
For purposes of this subdivision, any conveyance of land ***to
or from a governmental agency shall include a fee interest, a
leasehold interest, an easement, or a license.
(b) A local agency shall, by ordinance, provide a
procedure for waiving the requirement for a parcel map,
imposed by this division, including the requirements for a
parcel map imposed by Section 66426. The procedure may
include provisions for waiving the requirement for a tentative
and final map for the construction of a condominium project
on a single parcel. The ordinance shall require a finding by
the legislative body or advisory agency, that the proposed
division of land complies with requirements established by
this division or local ordinance enacted pursuant thereto
as to area, improvement and design, floodwater drainage
control, appropriate improved public roads, sanitary disposal
facilities, water supply availability, environmental protection,
and other requirements of this division or local ordinance
enacted pursuant thereto. In any case, where the requirement
for a parcel map is waived by local ordinance pursuant to this
section, a tentative map may be required by local ordinance.
(c) If a local ordinance does not require a tentative map
where a parcel map is required by this division, the subdivider
shall have the option of submitting a tentative map, or if
he or she desires to obtain the rights conferred by Chapter
4.5 (commencing with Section 66498.1), a vesting tentative
map.
(Amended by Stats. 1984, Ch. 1113. See note following
Section 66498.1; Amended by Stats. 1989, Ch. 831; Amended
by Stats. 1990, Ch. 1498; Amended by Stats. 1991, Ch. 745;
Amended by Stats. 1994, Ch. 458; Amended by Stats. 2001, Ch.
176; Amended by Stats. 2011, Ch. 382.)
66428.1. Map waiver for mobile home park conversion to
condominium
(a) When at least two-thirds of the owners of
mobilehomes who are tenants in the mobilehome park sign a
petition indicating their intent to purchase the mobilehome
park for purposes of converting it to resident ownership, and
a field survey is performed, the requirement for a parcel map
or a tentative and final map shall be waived unless any of the
following conditions exist:
(1) There are design or improvement requirements
necessitated by significant health or safety concerns.
(2) The local agency determines that there is an exterior
boundary discrepancy that requires recordation of a new
parcel or tentative and final map.
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time limits. However, a local agency need not enter into such
a contract or employ such persons if it determines either that
(1) no such entities or persons are available or qualified to
perform such services or (2) the local agency would be able
to perform services in a more rapid fashion than would any
available and qualified persons or entities.
Such entities or persons employed by a local agency may,
pursuant to an agreement with the local agency, perform all
functions necessary to process tentative, final, and parcel maps
and to comply with other requirements imposed pursuant to
this division or by local ordinances adopted pursuant to this
division, except those functions reserved by this division or
local ordinance to the legislative body. A local agency may
charge the subdivider fees in an amount necessary to defray
costs directly attributable to employing or contracting with
entities or persons performing services pursuant to this
section.
(Amended by Stats. 1980, Ch. 1152.)
66451.2. Fees
The local agency may establish reasonable fees for the
processing of tentative, final and parcel maps and for other
procedures required or authorized by this division or local
ordinance, but the fees shall not exceed the amount reasonably
required by such agency to administer the provisions of
this division. The fees shall be imposed pursuant to the
Mitigation Fee Act, consisting of Chapter 5 (commencing
with Section 66000), Chapter 6 (commencing with Section
66010), Chapter 7 (commencing with Section 66012),
Chapter 8 (commencing with Section 66016), and Chapter 9
(commencing with Section 66020) of Division 1.
(Amended by Stats. 1981, Ch. 914.)
66451.3. Public hearing notice
(a) Unless otherwise provided by this division, notice of a
hearing held pursuant to this division shall be given pursuant
to Sections 65090 and 65091.
(b) If the proposed subdivision is a conversion of
residential real property to a condominium project,
community apartment project, or stock cooperative project,
the notice shall also be given by the local agency by United
States mail to each tenant of the subject property, and shall
also include notification of the tenants right to appear and be
heard. The requirements of this subdivision may be satisfied
by service of the notice in compliance with the requirements
for service of legal process by mail.
(c) Pursuant to Section 66451.2, fees may be collected
from the subdivider for expenses incurred under this section.
(d) Any interested person may appear at the hearing and
shall be heard.
(Amended by Stats. 1984, Ch. 1009.)
66451.4. Time limit and basis for denial
No advisory agency or legislative body shall disapprove
an application for a tentative, final, or parcel map in order to
comply with the time limits specified in this chapter unless
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(c) The local agency shall comply with the time periods
referred to in Section 21151.5 of the Public Resources Code.
The time periods specified in subdivisions (a) and (b) shall
commence after certification of the environmental impact
report, adoption of a negative declaration, or a determination
by the local agency that the project is exempt from the
requirements of Division 13 (commencing with Section
21000) of the Public Resources Code.
(Amended by Stats. 1982, Ch. 87; Amended by Stats. 1989,
Ch. 847.)
66452.3. Staff report
Any report or recommendation on a tentative map by the
staff of the local agency to the advisory agency or legislative
body shall be in writing and a copy thereof served on the
subdivider and on each tenant of the subject property, in the
case of a proposed conversion of residential real property to a
condominium project, community apartment project, or stock
cooperative project, at least three days prior to any hearing
or action on such map by such advisory agency or legislative
body. Pursuant to Section 66451.2, fees may be collected
from the subdivider for expenses incurred under this section.
(Amended by Stats. 1980, Ch. 1128.)
66452.4. Approval by inaction
(a) If no action is taken upon a tentative map by an
advisory agency which is authorized by local ordinance to
approve, conditionally approve, or disapprove the tentative
map or by the legislative body within the time limits
specified in this chapter or any authorized extension thereof,
the tentative map as filed, shall be deemed to be approved,
insofar as it complies with other applicable requirements of
this division and any local ordinances, and it shall be the duty
of the clerk of the legislative body to certify or state his or
her approval.
(b) Once a tentative map is deemed approved pursuant
to subdivision (a), a subdivider shall be entitled, upon request
of the local agency or the legislative body, to receive a written
certification of approval.
(Added by Stats. 1974, Ch. 1536; Amended by Stats. 1987,
Ch. 982; Amended by Stats. 2003, Ch. 434.)
Note: Stats. 2003, Ch. 434, provides:
SEC. 6. No reimbursement is required by this act pursuant
to Section 6 of Article XIII B of the California Constitution
because a local agency or school district has the authority to
levy service charges, fees, or assessments sufficient to pay for
the program or level of service mandated by this act, within
the meaning of Section 17556 of the Government Code.
66452.5. Appeals
(a) (1) The subdivider, or any tenant of the subject
property, in the case of a proposed conversion of residential real
property to a condominium project, community apartment
project, or stock cooperative project, may appeal from any
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_______________________________
(signature of owner or owners
agent)
_______________________________
(date)
The written notices to tenants required by this section
shall be deemed satisfied if such notices comply with the legal
requirements for service by mail.
(Added by Stats. 2008, Ch. 664.)
66452.20. Notice of exclusive right to contract for
purchase of unit
(a) Pursuant to subparagraph (F) of paragraph (2) of
subdivision (a) of Section 66427.1, the subdivider shall give
written notice within five days after receipt of the subdivision
public report to each tenant of his or her exclusive right for at
least 90 days after issuance of the subdivision public report to
contract for the purchase of his or her respective unit in the
form outlined in subdivision (b).
(b) The notice shall be as follows:
To the occupant(s) of
____________________________________________:
(address)
The owner(s) of this building, at (address), have received
the final subdivision report on the proposed conversion of this
building to a (condominium, community apartment, or stock
cooperative project). Commencing on the date of issuance of
the subdivision public report, you have the exclusive right for
90 days to contract for the purchase of your rental unit upon
the same or more favorable terms and conditions than the
unit will initially be offered to the general public.
_______________________________
(signature of owner or owners
agent)
_______________________________
(date)
The written notices to tenants required by this section
shall be deemed satisfied if the notices comply with the legal
requirements for service by mail.
(Added by Stats. 2008, Ch. 664.)
66452.21. Extension of expiration date
(a) The expiration date of any tentative or vesting tentative
subdivision map or parcel map for which a tentative or vesting
tentative map, as the case may be, has been approved that has
not expired on the date that the act that added this section
became effective and that will expire before January 1, 2011,
shall be extended by 12 months.
(b) The extension provided by subdivision (a) shall be in
addition to any extension of the expiration date provided for
in Section 66452.6, 66452.11, 66452.13, or 66463.5.
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(c) That the site is not physically suitable for the type of
development.
(d) That the site is not physically suitable for the proposed
density of development.
(e) That the design of the subdivision or the proposed
improvements are likely to cause substantial environmental
damage or substantially and avoidably injure fish or wildlife
or their habitat.
(f ) That the design of the subdivision or type of
improvements is likely to cause serious public health
problems.
(g) That the design of the subdivision or the type of
improvements will conflict with easements, acquired by the
public at large, for access through or use of, property within
the proposed subdivision. In this connection, the governing
body may approve a map if it finds that alternate easements,
for access or for use, will be provided, and that these will
be substantially equivalent to ones previously acquired by
the public. This subsection shall apply only to easements of
record or to easements established by judgment of a court
of competent jurisdiction and no authority is hereby granted
to a legislative body to determine that the public at large has
acquired easements for access through or use of property
within the proposed subdivision.
(Amended by Stats. 1982, Ch. 518.)
66474.01. Tentative map approval with EIR and finding
Notwithstanding subdivision (e) of Section 66474, a local
government may approve a tentative map, or a parcel map for
which a tentative map was not required, if an environmental
impact report was prepared with respect to the project and a
finding was made pursuant to paragraph (3) of subdivision (a)
of Section 21081 of the Public Resources Code that specific
economic, social, or other considerations make infeasible the
mitigation measures or project alternatives identified in the
environmental impact report.
(Added by Stats. 1985, Ch. 738; Amended by Stats. 1994,
Ch. 1294.)
66474.1. Finding of substantial compliance prohibits
denial
A legislative body shall not deny approval of a final or
parcel map if it has previously approved a tentative map
for the proposed subdivision and if it finds that the final or
parcel map is in substantial compliance with the previously
approved tentative map.
(Amended by Stats. 1982, Ch. 87.)
66474.2. Tentative map approval
(a) Except as otherwise provided in subdivision (b) or
(c), in determining whether to approve or disapprove an
application for a tentative map, the local agency shall apply
only those ordinances, policies, and standards in effect at the
date the local agency has determined that the application
is complete pursuant to Section 65943 of the Government
Code.
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three years after the approval of the final map; in the case of
any subdivision fronting upon any public waterway, river, or
stream, the offer of dedication of public access route or routes
from public highways to the bank of the waterway, river, or
stream and the public easement along a portion of the bank
of the waterway, river, or stream shall be accepted within
three years after the approval of the final map; in the case of
any subdivision fronting upon any lake or reservoir which is
owned in part or entirely by any public agency, including the
state, the offer of dedication of public access route or routes
from public highways to any water of the lake or reservoir
shall be accepted within five years after the approval of the
final map; all other offers of dedication may be accepted at
any time.
(c) Offers of dedication which are covered by subdivision
(a) may be terminated and abandoned in the same manner
as prescribed for the summary vacation of streets by Part 3
(commencing with Section 8300) of Division 9 of the Streets
and Highways Code.
(d) Offers of dedication which are not accepted within
the time limits specified in subdivision (b) shall be deemed
abandoned.
(e) Except as provided in Sections 66499.16, 66499.17,
and 66499.18, if a resubdivision or reversion to acreage of the
tract is subsequently filed for approval, any offer of dedication
previously rejected shall be deemed to be terminated upon
the approval of the map by the legislative body. The map shall
contain a notation identifying the offer or offers of dedication
deemed terminated by this subdivision.
(Amended by Stats. 1982, Ch. 87; Amended by Stats. 1994,
Ch. 458.)
66477.3. Dedication acceptance ineffective until map
filed
Acceptance of offers of dedication on a final map shall
not be effective until the final map is filed in the office of the
county recorder or a resolution of acceptance by the legislative
body is filed in such office.
(Added by Stats. 1974, Ch. 1536.)
66477.5. Reconveyance of dedications
(a) The local agency to which property is dedicated in
fee for public purposes, or for making public improvements
or constructing public facilities, other than for open space,
parks, or schools, shall record a certificate with the county
recorder in the county in which the property is located. The
certificate shall be attached to the map and shall contain all
of the following information:
(1) The name and address of the subdivider dedicating
the property.
(2) A legal description of the real property dedicated.
(3) A statement that the local agency shall reconvey
the property to the subdivider if the local agency makes a
determination pursuant to this section that the same public
purpose for which the property was dedicated does not exist,
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(B) All of the area of benefit and all of the bridge and
major thoroughfare project improvements lie completely
within the boundaries of a city.
(j) Nothing in this section precludes a county or city
from providing funds for the construction of bridge facilities
or major thoroughfares to defray costs not allocated to the
area of benefit.
(Amended by Stats. 1975, Ch. 24; Amended by Stats. 1984,
Ch. 1009; Amended by Stats. 1988, Ch. 1408; Amended by Stats.
2010, Ch. 33.)
66484.3. County of Orange: fees for bridges and
thoroughfares
(a) Notwithstanding Section ***66007, the Board of
Supervisors of the County of Orange and the city council or
councils of any city or cities in that county may, by ordinance,
require the payment of a fee as a condition of approval of
a final map or as a condition of issuing a building permit
for purposes of defraying the actual or estimated cost of
constructing bridges over waterways, railways, freeways, and
canyons, or constructing major thoroughfares.
(b) The local ordinance may require payment of fees
pursuant to this section if:
(1) The ordinance refers to the circulation element of the
general plan and, in the case of bridges, to the transportation
provisions or flood control provisions of the general plan
which identify railways, freeways, streams, or canyons for
which bridge crossings are required on the general plan or
local roads, and in the case of major thoroughfares, to the
provisions of the circulation element which identify those
major thoroughfares whose primary purpose is to carry
through traffic and provide a network connecting to or
which is part of the state highway system, and the circulation
element, transportation provisions, or flood control provisions
have been adopted by the local agency 30 days prior to the
filing of a map or application for a building permit. Bridges
which are part of a major thoroughfare need not be separately
identified in the transportation or flood control provisions of
the general plan.
(2) The ordinance provides that there will be a public
hearing held by the governing body for each area benefited.
Notice shall be given pursuant to Section 65905. In addition
to the requirements of Section 65905, the notice shall contain
preliminary information related to the boundaries of the area of
benefit, estimated cost, and the method of fee apportionment.
The area of benefit may include land or improvements in
addition to the land or improvements which are the subject
of any map or building permit application considered at the
proceedings.
(3) The ordinance provides that at the public hearing,
the boundaries of the area of benefit, the costs, whether
actual or estimated, and a fair method of allocation of costs
to the area of benefit and fee apportionment are established.
The method of fee apportionment, in the case of major
thoroughfares, shall not provide for higher fees on land
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local ordinance has been filed for record by the recorder of the
county in which any portion of the subdivision is located.
(b) No person shall sell, lease or finance any parcel or
parcels of real property or commence construction of any
building for sale, lease or financing thereon, except for model
homes, or allow occupancy thereof, for which a parcel map is
required by this division or local ordinance, until the parcel
map thereof in full compliance with this division and any
local ordinance has been filed for record by the recorder of the
county in which any portion of the subdivision is located.
(c) Conveyances of any part of a division of real property
for which a final or parcel map is required by this division or
local ordinance shall not be made by parcel or block number,
initial or other designation, unless and until the final or parcel
map has been filed for record by the recorder of the county in
which any portion of the subdivision is located.
(d) Subdivisions (a), (b), and (c) do not apply to any
parcel or parcels of a subdivision offered for sale or lease,
contracted for sale or lease, or sold or leased in compliance
with or exempt from any law (including a local ordinance),
regulating the design and improvement of subdivisions in
effect at the time the subdivision was established.
(e) Nothing contained in subdivisions (a) and (b) shall
be deemed to prohibit an offer or contract to sell, lease, or
finance real property or to construct improvements thereon
where the sale, lease, or financing, or the commencement of
construction, is expressly conditioned upon the approval and
filing of a final subdivision map or parcel map, as required
under this division.
(f ) Nothing in subdivisions (a) to (e), inclusive, shall in
any way modify or affect Section 11018.2 of the Business and
Professions Code.
(g) For purposes of this section, the limitation period for
commencing an action, either civil or criminal, against the
subdivider or an owner of record at the time of a violation
of this division or of a local ordinance enacted pursuant to
this division, shall be tolled for any time period during which
there is no constructive notice of the transaction constituting
the violation, because the owner of record, at the time of the
violation or at any time thereafter, failed to record a deed,
lease, or financing document with the county recorder.
(Added by Stats. 1974, Ch. 1536; Amended by Stats. 1982,
Ch. 87; Amended by Stats. 1987, Ch. 799.)
Note: Stats. 1982, Ch. 87, provides:
SEC. 32. The amendments made to Section 66499.30
of the Government Code by this act are intended to overrule
Attorney Generals Opinion No. 80-407 ( July 10, 1980) and
to authorize a person to offer or contract to sell, lease, finance,
or convey, or construct improvements on a parcel of real
property where the offer or contract is expressly conditioned
upon the approval and filing of a final subdivision map
or parcel map, as required by the Subdivision Map Act
(Division 2 (commencing with Section 66410) of Title 7 of
the Government Code).
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66499.31. Violation/penalties
Each violation of this division by a person who is the
subdivider or an owner of record, at the time of the violation,
of property involved in the violation shall be punishable by
imprisonment in the county jail not exceeding one year or in
the state prison, by a fine not exceeding ten thousand dollars
($10,000), or by both that fine and imprisonment. Every
other violation of this division is a misdemeanor.
(Repealed and Added by Stats. 1987, Ch. 799.)
Article 2. Remedies
66499.32. Voidable conveyance
(a) Any deed of conveyance, sale or contract to sell real
property which has been divided, or which has resulted from
a division, in violation of the provisions of this division, or
of the provisions of local ordinances enacted pursuant to
this division, is voidable at the sole option of the grantee,
buyer or person contracting to purchase, his heirs, personal
representative, or trustee in insolvency or bankruptcy
within one year after the date of discovery of the violation
of the provisions of this division or of local ordinances
enacted pursuant to the provisions of this division, but the
deed of conveyance, sale or contract to sell is binding upon
any successor in interest of the grantee, buyer or person
contracting to purchase, other than those above enumerated,
and upon the grantor, vendor, or person contracting to sell, or
his assignee, heir or devisee.
(b) Any grantee, or his successor in interest, of real
property which has been divided, or which has resulted from
a division, in violation of the provisions of this division or of
local ordinances enacted pursuant thereto, may, within one
year of the date of discovery of such violation, bring an action
in the superior court to recover any damages he has suffered by
reason of such division of property. The action may be brought
against the person who divided the property in violation of
the provisions of this division or of local ordinances enacted
pursuant thereto and against any successors in interest who
have actual or constructive knowledge of such division of
property.
The provisions of this section shall not apply to the
conveyance of any parcel of real property identified in a
certificate of compliance filed pursuant to Section 66499.35
or identified in a recorded final map or parcel map, from and
after the date of recording.
The provisions of this section shall not limit or affect in
any way the rights of a grantee or his successor in interest
under any other provision of law.
(Added by Stats. 1974, Ch. 1536; Amended by Stats. 1975,
Ch. 24.)
66499.33. Alternative remedies
This division does not bar any legal, equitable or summary
remedy to which any aggrieved local agency or other public
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Department
of
5209. Director
Director refers to the Director of Transportation of the
State of California.
(Amended by Stats. 1977, Ch. 579.)
5210. Federal Aid Highway Act of 1958
Federal Aid Highway Act of 1958 refers to Section
131 of Title 23 of the United States Code, as in effect before
October 22, 1965.
(Added by Stats. 1970, Ch. 991.)
5211. Flashing
Flashing is a light or message that changes more than
once every four seconds.
(Added by Stats. 2000, Ch. 787.)
5212. Freeway
Freeway, for the purposes of this chapter only, means a
divided arterial highway for through traffic with full control
of access and with grade separations at intersections.
(Added by Stats. 1970, Ch. 991.)
5213. Highway
Highway includes roads, streets, boulevards, lanes,
courts, places, commons, trails, ways or other rights-of-way
or easements used for or laid out and intended for the public
passage of vehicles or of vehicles and persons.
(Added by Stats. 1970, Ch. 991.)
5214. Highway Beautification Act of 1965
Highway Beautification Act of 1965 refers to Section
131 of Title 23 of the United States Code, as in effect October
22, 1965.
(Added by Stats. 1970, Ch. 991.)
5215. Interstate highway
Interstate highway means any highway at any time
officially designated as a part of the national system of
interstate and defense highways by the director and approved
by appropriate authority of the federal government.
(Added by Stats. 1970, Ch. 991.)
5216. Landscaped freeway
(a) Landscaped freeway means a section or sections
of a freeway that is now, or hereafter may be, improved by
the planting at least on one side or on the median of the
freeway right-of-way of lawns, trees, shrubs, flowers, or other
ornamental vegetation requiring reasonable maintenance.
(b) Planting for the purpose of soil erosion control, traffic
safety requirements, including light screening, reduction of
fire hazards, or traffic noise abatement, shall not change the
character of a freeway to a landscaped freeway.
(c) Notwithstanding subdivision (a), if an agreement to
relocate advertising displays from within one area of a city
or county to an area adjacent to a freeway right-of-way has
been entered into between a city or county and the owner of
an advertising display, then a landscaped freeway shall not
include the median of a freeway right-of-way.
(Added by Stats. 1970, Ch. 991; Amended by Stats. 2002,
Ch. 972.)
5216.1. Lawfully erected
Lawfully erected means, in reference to advertising
displays, advertising displays which were erected in compliance
with state laws and local ordinances in effect at the time of
their erection or which were subsequently brought into full
compliance with state laws and local ordinances, except that
the term does not apply to any advertising display whose use is
modified after erection in a manner which causes it to become
illegal. There shall be a rebuttable presumption pursuant to
Section 606 of the Evidence Code that an advertising display
is lawfully erected if it has been in existence for a period of
five years or longer without the owner having received written
notice during that period from a governmental entity stating
that the display was not lawfully erected.
(Added by Stats. 1983, Ch. 653.)
5216.2. (Renumbered to 5216.3 and Amended by Stats. 2000,
Ch. 787.)
5216.3. Main-traveled way
Main-traveled way means the traveled way of a highway
on which through traffic is carried. In the case of a divided
highway, the traveled way of each of the separate roadways for
traffic in opposite directions is a main-traveled way. Maintraveled way does not include facilities such as frontage roads,
ramps, auxiliary lanes, parking areas, or shoulders.
(Added by Stats. 1983, Ch. 653; Formerly 5216.2,
Renumbered and Amended by Stats. 2000, Ch. 787.)
5216.4. Message Center
Message Center is an advertising display where the
message is changed more than once every two minutes, but
no more than once every four seconds.
(Added by Stats. 2000, Ch. 787.)
5216.5. Nonconforming advertising display
Nonconforming advertising display means an
advertising display that was lawfully placed, but that
does not conform to the provisions of this chapter, or the
administrative regulations adopted pursuant to this chapter,
that were enacted subsequent to the date of placing.
(Added by Stats. 1993, Ch. 991; Formerly 5216.3,
Renumbered and Amended by Stats. 2000, Ch. 787.)
5216.6. Officially designated scenic highway
(a) Officially designated scenic highway or scenic byway
means any state highway that has been officially designated
and maintained as a state scenic highway pursuant to Sections
260, 261, 262, and 262.5 of the Streets and Highways Code or
that has been officially designated a scenic byway as referred
to in Section 131 (s) of Title 23 of the United States Code.
(b) Officially designated scenic highway or scenic
byway does not include routes listed as part of the State
Scenic Highway system, Streets and Highway Code, Section
263, et seq., unless those routes, or segments of those routes,
have been designated as officially designated state scenic
highways.
(Added by Stats. 1993, Ch. 991; Formerly 5216.4,
Renumbered and Amended by Stats. 2000, Ch. 787.)
5217. (Repealed by Stats. 2000, Ch. 787.)
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the calendar year in the year in which the permit is issued and
for an additional four calendar years.
(Amended by Stats. 1983, Ch. 653; Amended by Stats. 1997,
Ch. 152.)
5359. Effect of permit; change of copy; zoning
requirements
(a) The issuance of a permit for the placing of an advertising
display includes the right to change the advertising copy
without obtaining a new permit and without the payment of
any additional permit fee.
(b) The issuance of a permit does not affect the obligation
of the owner of the advertising display to comply with a
zoning ordinance applicable to the advertising display under
the provisions of this chapter nor does the permit prevent the
enforcement of the applicable ordinance by the county.
(Added by Stats. 1970, Ch. 991; Amended by Stats. 1997,
Ch. 152.)
5360. Renewal; expiration
(a) The director shall establish a permit renewal term of
five years, which shall be reflected on the face of the permit.
(b) The director shall adopt regulations for permit renewal
that include procedures for late renewal within a period not
to exceed one year from the date of permit expiration. Any
permit that was not renewed after January 1, 1993, is deemed
revoked.
(Added by Stats. 1970, Ch. 991; Amended by Stats. 1997,
Ch. 152.)
5361. Identification number
Each permit provided in this chapter shall carry an
identification number and shall entitle the holder to place
the advertising display described in the application.
(Added by Stats. 1970, Ch. 991.)
5362. Display of permit
No person shall place any advertising display unless there
is securely fastened upon the front thereof an identification
number plate of the character specified in Section 5363. The
placing of any advertising display without having affixed
thereto an identification number plate is prima facie evidence
that the advertising display has been placed and is being
maintained in violation of the provisions of this chapter, and
any such display shall be subject to removal as provided in
Section 5463.
(Added by Stats. 1970, Ch. 991.)
5363. Identification number plates
Identification number plates shall be furnished by
the director. Identification number plates shall bear the
identification number of the advertising display to which
they are assigned.
(Added by Stats. 1970, Ch. 991.)
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way lines, except that this does not prevent the placing of
advertising display on that side of an intercepted highway
that is opposite the point of interception. But in case any
permanent building, structure or other object prevents any
traveler on any such highway from obtaining a clear view of
approaching vehicles for a distance of 300 feet, then advertising
displays may be placed on such buildings, structure or other
object if such displays will not further obstruct the vision of
those approaching the intersection or interception, or if any
such display does not project more than one foot therefrom.
(b) If placed in such a manner as to prevent any traveler
on any highway from obtaining a clear view of approaching
vehicles for a distance of 500 feet along the highway.
(Added by Stats. 1970, Ch. 991.)
5405. Displays prohibited; exceptions; message center
displays
Notwithstanding any other provision of this chapter,
no advertising display shall be placed or maintained within
660 feet from the edge of the right-of-way of, and the copy
of which is visible from, any interstate or primary highway,
other than any of the following:
(a) Directional or other official signs or notices that are
required or authorized by law, including, but not limited to,
signs pertaining to natural wonders and scenic and historical
attractions, and which comply with regulations adopted by the
director relative to their lighting, size, number, spacing, and
any other requirements as may be appropriate to implement
this chapter which are consistent with national standards
adopted by the United States Secretary of Transportation
pursuant to subdivision (c) of Section 131 of Title 23 of the
United States Code.
(b) Advertising displays advertising the sale or lease of
the property upon which they are located, if all advertising
displays within 660 feet of the edge of the right-of-way of a
bonus segment comply with the regulations adopted under
Sections 5251 and 5415.
(c) Advertising displays which advertise the business
conducted, services rendered, or goods produced or sold upon
the property upon which the advertising display is placed,
if the display is upon the same side of the highway as the
advertised activity; and if all advertising displays within 660
feet of the right-of-way of a bonus segment comply with the
regulations adopted under Sections 5251, 5403, and 5415;
and except that no advertising display shall be placed after
January 1, 1971, if it contains flashing, intermittent, or moving
lights (other than that part necessary to give public service
information, including, but not limited to, the time, date,
temperature, weather, or similar information, or a message
center display as defined in subdivision (d)).
(d) (1) Message center displays that comply with
all requirements of this chapter. The illumination or the
appearance of illumination resulting in a message change of a
message center display is not the use of flashing, intermittent,
or moving light for purposes of subdivision (b) of Section
5408, except that no message center display may include any
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$8,000 to $9,999
$10,000 and over
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5499.1. Definitions
For purposes of this chapter only:
(a) Illegal on-premises advertising display means any
of the following:
(1) An on-premises advertising display erected without
first complying with all ordinances and regulations in effect
at the time of its construction and erection or use.
(2) An on-premises advertising display that was legally
erected, but whose use has ceased, or the structure upon which
the display is placed has been abandoned by its owner, not
maintained, or not used to identify or advertise an ongoing
business for a period of not less than 90 days.
(3) An on-premises advertising display that was legally
erected which later became nonconforming as a result of
the adoption of an ordinance, the amortization period for
the display provided by the ordinance rendering the display
nonconforming has expired, and conformance has not been
accomplished.
(4) An on-premises advertising display which is a danger
to the public or is unsafe.
(5) An on-premises advertising display which is a traffic
hazard not created by relocation of streets or highways or by
acts of the city or county.
(b) On-premises advertising displaymeans any structure,
housing, sign, device, figure, statuary, painting, display, message
placard, or other contrivance, or any part thereof, which is
designed, constructed, created, engineered, intended, or used
to advertise, or to provide data or information in the nature of
advertising, for any of the following purposes:
(1) To designate, identify, or indicate the name of the
business of the owner or occupant of the premises upon
which the advertising display is located.
(2) To advertise the business conducted, services available
or rendered, or the goods produced, sold, or available for sale,
upon the property where the advertising display is erected.
(c) Enforcement officer means the public employee
or officer designated by the legislative body of the city or
county to perform the duties imposed by this chapter on the
enforcement officer.
(Added by Stats. 1987, Ch. 1281.)
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1596.71. Applicability
This chapter applies to Chapters 3.5 (commencing with
Section 1596.90) and 3.6 (commencing with Section 1597.30).
This chapter also applies to Chapter 3.65 (commencing with
Section 1597.70).
(Added by Stats. 1984, Ch. 1615.)
1596.72. Legislative intent
The Legislature finds all of the following:
(a) That child day care facilities can contribute positively to
a childs emotional, cognitive, and educational development.
(b) That it is the intent of this state to provide a
comprehensive, quality system for licensing child day care
facilities to ensure a quality day care environment.
(c) That this system of licensure requires a special
understanding of the unique characteristics and needs of the
children served by child day care facilities.
(d) That it is the intent of the Legislature to establish
within the State Department of Social Services an
organizational structure to separate licensing of child day
care facilities from those facility types administered under
Chapter 3 (commencing with Section 1500).
(e) That good quality child day care services are an
essential service for working parents.
(Added by Stats. 1984, Ch. 1615; Amended by Stats. 1985,
Ch. 1064.)
1596.73. Purpose
The purposes of this act are to:
(a) Streamline the administration of child care licensing
and thereby increase the efficiency and effectiveness of this
system.
(b) Encourage the development of licensing staff with
knowledge and understanding of children and child care
needs.
(c) Provide providers of child care with technical
assistance about licensing requirements.
(d) Enhance consumer awareness of licensing
requirements and the benefits of licensed child care.
(e) Recognize that affordable, quality licensed child care
is critical to the well-being of parents and children in this
state.
(Added by Stats. 1984, Ch. 1615; Amended by Stats. 1985,
Ch. 1064.)
1596.74. Definitions
Unless the context otherwise requires, the definitions
contained in this chapter govern the construction of this
chapter and Chapters 3.5 (commencing with Section
1596.90) and 3.6 (commencing with Section 1597.30).
(Added by Stats. 1984, Ch. 1615.)
1596.75. Child
Child means a person who is under 18 years of age
who is being provided care and supervision in a child day care
facility, except where otherwise specified in this act.
(Added by Stats. 1984, Ch. 1615.)
Planning, Zoning and Development Laws 2012
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areas of the family day care home where children are present.
Nothing in this section shall prohibit a city or county from
enacting or enforcing an ordinance relating to smoking in a
family day care home if the ordinance is more stringent than
this section.
(b) The smoking of tobacco on the premises of a licensed
day care center shall be prohibited.
(Added by Stats. 1986, Ch. 407; Amended by Stats. 1993,
Ch. 335.)
1597.40. Policy
(a) It is the intent of the Legislature that family day care
homes for children should be situated in normal residential
surroundings so as to give children the home environment
which is conducive to healthy and safe development. It is
the public policy of this state to provide children in a family
day care home the same home environment as provided in a
traditional home setting.
The Legislature declares this policy to be of statewide
concern with the purpose of occupying the field to the
exclusion of municipal zoning, building and fire codes and
regulations governing the use or occupancy of family day
care homes for children, except as specifically provided for
in this chapter, and to prohibit any restrictions relating to the
use of single-family residences for family day care homes for
children except as provided by this chapter.
(b) Every provision in a written instrument entered into
relating to real property which purports to forbid or restrict
the conveyance, encumbrance, leasing, or mortgaging of the
real property for use or occupancy as a family day care home
for children, is void and every restriction or prohibition in
any such written instrument as to the use or occupancy of the
property as a family day care home for children is void.
(c) Except as provided in subdivision (d), every restriction
or prohibition entered into, whether by way of covenant,
condition upon use or occupancy, or upon transfer of title to
real property, which restricts or prohibits directly, or indirectly
limits, the acquisition, use, or occupancy of such property for
a family day care home for children is void.
(d) (1) A prospective family day care home provider,
who resides in a rental property, shall provide 30 days written
notice to the landlord or owner of the rental property prior
to the commencement of operation of the family day care
home.
(2) For family day care home providers who have
relocated an existing licensed family day care home program
to a rental property on or after January 1, 1997, less than
30 days written notice may be provided in cases where the
department approves the operation of the new location of
the family day care home in less than 30 days, or the home
is licensed in less than 30 days, in order that service to the
children served in the former location not be interrupted.
(3) A family day care home provider in operation on
rental or leased property as of January 1, 1997, shall notify
the landlord or property owner in writing at the time of the
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(3) Require any large family day care home to apply for
a permit to use a lot zoned for single-family dwellings. The
zoning administrator, or if there is no zoning administrator, the
person or persons designated by the planning agency to handle
the use permits, shall review and decide the applications. The
use permit shall be granted if the large family day care home
complies with local ordinances, if any, prescribing reasonable
standards, restrictions, and requirements concerning the
following factors: spacing and concentration, traffic control,
parking, and noise control relating to those homes, and
complies with subdivision (e) and any regulations adopted
by the State Fire Marshal pursuant to that subdivision. Any
noise standards shall be consistent with local noise ordinances
implementing the noise element of the general plan and shall
take into consideration the noise levels generated by children.
The local government shall process any required permit as
economically as possible.
Fees charged for review shall not exceed the costs of
the review and permit process. An applicant may request a
verification of fees, and the city, county, or city and county
shall provide the applicant with a written breakdown within
45 days of the request. Beginning July 1, 2007, the application
form for large family day care home permits shall include a
statement of the applicants right to request the written fee
verification.
Not fewer than 10 days prior to the date on which
the decision will be made on the application, the zoning
administrator or person designated to handle the use permits
shall give notice of the proposed use by mail or delivery to
all owners shown on the last equalized assessment roll as
owning real property within a 100-foot radius of the exterior
boundaries of the proposed large family day care home. No
hearing on the application for a permit issued pursuant to
this paragraph shall be held before a decision is made unless
a hearing is requested by the applicant or other affected
person. The applicant or other affected person may appeal
the decision. The appellant shall pay the cost, if any of the
appeal.
(b) In connection with any action taken pursuant to
paragraph (2) or (3) of subdivision (a), a city, county, or city
and county shall do all of the following:
(1) Upon the request of an applicant, provide a list of the
permits and fees that are required by the city, county, or city
and county, including information about other permits that
may be required by other departments in the city, county, or
city and county, or by other public agencies. The city, county,
or city and county shall, upon request of any applicant, also
provide information about the anticipated length of time for
reviewing and processing the permit application.
(2) Upon the request of an applicant, provide information
on the breakdown of any individual fees charged in connection
with the issuance of the permit.
(3) If a deposit is required to cover the cost of the permit,
provide information to the applicant about the estimated
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11834.02. Definitions
(a) As used in this chapter, alcoholism or drug abuse
recovery or treatment facility or facility means any
premises, place, or building that provides 24-hour residential
nonmedical services to adults who are recovering from
problems related to alcohol, drug, or alcohol and drug misuse
or abuse, and who need alcohol, drug, or alcohol and drug
recovery treatment or detoxification services.
(b) As used in this chapter, adults may include, but is
not limited to, all of the following:
(1) Mothers over 18 years of age and their children.
(2) Emancipated minors, which may include, but is not
limited to, mothers under 18 years of age and their children.
(c) As used in this chapter, emancipated minors means
persons under 18 years of age who have acquired emancipation
status pursuant to Section 7002 of the Family Code.
(d) Notwithstanding subdivision (a), an alcoholism or
drug abuse recovery or treatment facility may serve adolescents
upon the issuance of a waiver granted by the department
pursuant to regulations adopted under subdivision (c) of
Section 11834.50.
(Added by Stats. 1984, Ch. 1667; Amended by Stats. 1988,
Ch. 646; Amended by Stats. 1989, Ch. 919; Amended by Stats.
1992, Ch. 620; Amended by Stats. 1993, Ch. 219; Renumbered
from 11834.11 and Amended by Stats. 1993, Ch. 741.)
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2621. Title
This chapter shall be known, and may be cited, as the
Alquist-Priolo Earthquake Fault Zoning Act.
(Added by Stats. 1972, Ch. 1354; Amended by Stats. 1975,
Ch. 61; Amended by Stats. 1993, Ch. 197.)
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incorporating data interpretations from data of the strongmotion instrumentation program and the seismic hazards
mapping program, and, in accordance with paragraph (2),
for improving the preparation for damage assessment after
strong seismic motion events.
(2) A city***, county, and city and county may use any
funds retained pursuant to this subdivision to improve the
preparation for damage assessment in its jurisdiction only after
it provides the Department of Conservation with information
indicating to the department that data utilization and seismic
education activities have been adequately funded.
(d) Funds collected pursuant to subdivisions (a) and
(b), less the amount retained pursuant to subdivision (c),
shall be deposited in the Strong-Motion Instrumentation
and Seismic Hazards Mapping Fund, as created by Section
2699.5 to be used exclusively for purposes of this chapter
and Chapter 7.8 (commencing with Section 2690).
(Added by Stats. 1990, Ch. 1168; Amended by Stats. 1991,
Ch. 550; Amended by Stats. 1992, Ch. 346; Amended by Stats.
2003, Ch. 240; Amended by Stats. 2011, Ch. 239.)
2705.5. Fees; seismic hazards identification fund
The California Geological Survey shall advise counties
and cities as to that portion of the total fees allocated to
the Strong-Motion Instrumentation and Seismic Hazards
Mapping Fund, so that this information may be provided to
building permit applicants.
(Added by Stats. 1991, Ch. 550; Amended by Stats. 2003,
Ch. 240; Amended by Stats. 2006, Ch. 869.)
2706. ***
(Added by Stats. 1990, Ch. 1168; Amended by Stats. 2003,
Ch. 240; Repealed by Stats. 2011, Ch. 239.)
SURFACE MINING AND RECLAMATION ACT
(Division 2. Geology, Mines and Mining; Chapter 9)
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29700. Title
This division shall be known, and may be cited, as the
Johnston-Baker-Andal-Boatwright Delta Protection Act of
1992.
(Added by Stats. 1992, Ch. 898.)
29701. Sacramento and San Joaquin Delta; natural
resources
The Legislature finds and declares that the SacramentoSan Joaquin Delta is a natural resource of statewide, national,
and international significance, containing irreplaceable
resources, and it is the policy of the state to recognize,
preserve, and protect those resources of the delta for the use
and enjoyment of current and future generations.
(Added by Stats. 1992, Ch. 898.)
29702. Goals of the state
The Legislature further finds and declares that the basic
goals of the state for the delta are the following:
(a) Protect, maintain, and, where possible, enhance
and restore the overall quality of the delta environment,
including, but not limited to, agriculture, wildlife habitat, and
recreational activities.
(b) Assure orderly, balanced conservation and
development of delta land resources.
(c) Improve flood protection by structural and
nonstructural means to ensure an increased level of public
health and safety.
(Added by Stats. 1992, Ch. 898.)
29703. Agricultural lands; retention; value
The Legislature further finds and declares as follows:
(a) The delta is an agricultural region of great value to the
state and nation and the retention and continued cultivation
and production of fertile peatlands and prime soils are of
significant value.
(b) The agricultural land of the delta, while adding
greatly to the economy of the state, also provides a significant
value as open space and habitat for water fowl using the
Pacific Flyway, as well as other wildlife, and the continued
dedication and retention of that delta land in agricultural
production contributes to the preservation and enhancement
of open space and habitat values.
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29720. Definitions
Unless the context otherwise requires, the definitions set
forth in this chapter govern the construction of this division.
(Added by Stats. 1992, Ch. 898.)
29720.5. Aggrieved person
Aggrieved person has the same meaning as defined in
Section 29117.
(Added by Stats. 1992, Ch. 898.)
29721. Commission
Commission means the Delta Protection Commission
created by Section 29735.
(Added by Stats. 1992, Ch. 898.)
29722. Delta
Delta means the Sacramento-San Joaquin Delta, as
defined in Section 12220 of the Water Code, for all provisions
of this division, other than Chapter 3 (commencing with
Section 29735). For the purposes of Chapter 3 (commencing
with Section 29735), delta means the area of the delta minus
the area contained in Alameda County.
(Added by Stats. 1992, Ch. 898.)
29723. Development
(a) Development means on, in, over, or under land
or water, the placement or erection of any solid material
or structure; discharge of any dredged material or of any
gaseous, liquid, solid, or thermal waste; grading, removing,
dredging, mining, or extraction of any materials; change in
the density or intensity of use of land, including, but not
limited to, subdivisions pursuant to the Subdivision Map
Act (Division 2 (commencing with Section 66410) of Title
7 of the Government Code), and any other division of land
including lot splits, except where the land division is brought
about in connection with the purchase of the land by a public
agency for public recreational or fish and wildlife uses or
preservation; construction, reconstruction, demolition, or
alteration of the size of any structure, including any facility
of any private, public, or municipal utility; and the removal
or harvesting of major vegetation other than for agricultural
purposes.
(b) Development does not include any of the
following:
(1) All farming and ranching activities, as specified in
subdivision (e) of Section 3482.5 of the Civil Code.
(2) The maintenance, including the reconstruction of
damaged parts, of structures, such as marinas, dikes, dams,
levees, riprap (consistent with Chapter 1.5 (commencing with
Section 12306) of Part 4.8 of Division 6 of the Water Code),
breakwater, causeways, bridges, ferries, bridge abutments,
docks, berths, and boat sheds. Maintenance includes, for
this purpose, the rehabilitation and reconstruction of levees to
meet applicable standards of the United States Army Corps
of Engineers or the Department of Water Resources.
(3) The construction, repair, or maintenance of farm
dwellings, buildings, stock ponds, irrigation or drainage
ditches, water wells, or siphons, including those structures
and uses permitted under the California Land Conservation
Act of 1965 (Chapter 7 (commencing with Section 51200) of
Part 1 of Division 1 of Title 5 of the Government Code).
(4) The construction or maintenance of farm roads, or
temporary roads for moving farm equipment.
(5) The dredging or discharging of dredged materials,
including maintenance dredging or removal, as engaged in by
any marina, port, or reclamation district, in conjunction with
the normal scope of their customary operations, consistent
with existing federal, state, and local laws.
(6) The replacement or repair of pilings in marinas, ports,
and diversion facilities.
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owned by a city.
(B) (i) The county and the affected city adopt the elements
in paragraph (2) of subdivision (d), as part of their general
and specific plans for the county and the affected city.
(ii) The general and specific plans shall be submitted,
upon adoption, to the Division of Aeronautics. If the county
and the affected city do not submit the elements specified in
paragraph (2) of subdivision (d), on or before May 1, 1996,
then a commission shall be established in accordance with
this article.
(Added by Stats. 1970, Ch. 1182; Amended by Stats. 1980,
Ch. 725; Amended by Stats. 1987, Ch. 1018; Amended by Stats.
1994, Ch. 644; Amended by Stats. 1995, Ch. 66; Amended by
Stats. 2002, Ch. 438; Amended by Stats. 2004, Ch. 182.)
21670.2. County of Los Angeles
(a) Sections 21670 and 21670.1 do not apply to the
County of Los Angeles. In that county, the county regional
planning commission has the responsibility for coordinating
the airport planning of public agencies within the county.
In instances where impasses result relative to this planning,
an appeal may be made to the county regional planning
commission by any public agency involved. The action taken
by the county regional planning commission on an appeal
may be overruled by a four-fifths vote of the governing body
of a public agency whose planning led to the appeal.
(b) By January 1, 1992, the county regional planning
commission shall adopt the airport land use compatibility
plans required pursuant to Section 21675.
(c) Sections 21675.1, 21675.2, and 21679.5 do not
apply to the County of Los Angeles until January 1, 1992.
If the airport land use compatibility plans required pursuant
to Section 21675 are not adopted by the county regional
planning commission by January 1, 1992, Sections 21675.1
and 21675.2 shall apply to the County of Los Angeles until
the airport land use compatibility plans are adopted.
(Added by Stats. 1970, Ch. 1182; Amended by Stats. 1990,
Ch. 54; Amended by Stats. 2002, Ch. 438.)
21670.3. San Diego Airport Land Use Compatibility Plan
(a) Sections 21670 and 21670.1 do not apply to the
County of San Diego. In that county, the San Diego County
Regional Airport Authority, as established pursuant to
Section 170002, is responsible for coordinating the airport
planning of public agencies within the county and shall, on or
before June 30, 2005, after reviewing the existing airport land
use compatibility plan adopted pursuant to Section 21675,
adopt an airport land use compatibility plan.
(b) Any airport land use compatibility plan developed
pursuant to Section 21675 and adopted pursuant to Section
21675.1 by the San Diego Association of Governments shall
remain in effect until June 30, 2005, unless the San Diego
County Regional Airport Authority adopts a plan prior to
that date pursuant to subdivision (a).
(Added by Stats. 2001, Ch. 946; Amended by Stats. 2004,
Ch. 615.)
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21670.4. Exemptions
(a) As used in this section, intercounty airport means
any airport bisected by a county line through its runways,
runway protection zones, inner safety zones, inner turning
zones, outer safety zones, or sideline safety zones, as defined
by the department s Airport Land Use Planning Handbook
and referenced in the airport land use compatibility plan
formulated under Section 21675.
(b) It is the purpose of this section to provide the
opportunity to establish a separate airport land use
commission so that an intercounty airport may be served by a
single airport land use planning agency, rather than havingto
look separately to the airport land use commissions of the
affected counties.
(c) In addition to the airport land use commissions
created under Section 21670 or the alternatives established
under Section 21670.1, for their respective counties, the
boards of supervisors and city selection committees for the
affected counties, by independent majority vote of each
countys two delegations, for any intercounty airport, may do
either of the following:
(1) Establish a single separate airport land use
commission for that airport. That commission shall consist of
seven members to be selected as follows:
(A) One representing the cities in each of the counties,
appointed by that countys city selection committee.
(B) One representing each of the counties, appointed by
the board of supervisors of each county.
(C) One from each county having expertise in aviation,
appointed by a selection committee comprised of the
managers of all the public airports within that county.
(D) One representing the general public, appointed by
the other six members of the commission.
(2) In accordance with subdivision (a) or (b) of Section
21670.1, designate an existing appropriate entity as that
airports land use commission.
(Added by Stats. 1997, Ch. 81; Amended by Stats. 2002, Ch.
438.)
21670.6. Mediation
Any action brought in the superior court relating to this
article may be subject to a mediation proceeding conducted
pursuant to Chapter 9.3 (commencing with Section 66030)
of Division 1 of Title 7 of the Government Code.
(Added by Stats. 2010, Ch. 699.)
21671. Locally owned airports
In any county where there is an airport operated for the
general public which is owned by a city or district in another
county or by another county, one of the representatives
provided by paragraph (1) of subdivision (b) of Section
21670 shall be appointed by the city selection committee of
mayors of the cities of the county in which the owner of that
airport is located, and one of the representatives provided by
paragraph (2) of subdivision (b) of Section 21670 shall be
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Stats. 2002, Ch. 438 and 971; Amended by Stats. 2004, Ch.
615.)
21675.1. Deadline; city and county actions
(a) By June 30, 1991, each commission shall adopt the
airport land use compatibility plan required pursuant to
Section 21675, except that any county that has undertaken by
contract or otherwise completed airport land use compatibility
plans for at least one-half of all public use airports in the
county, shall adopt that airport land use compatibility plan on
or before June 30, 1992.
(b) Until a commission adopts an airport land use
compatibility plan, a city or county shall first submit all
actions, regulations, and permits within the vicinity of a
public airport to the commission for review and approval.
Before the commission approves or disapproves any actions,
regulations, or permits, the commission shall give public
notice in the same manner as the city or county is required
to give for those actions, regulations, or permits. As used in
this section, vicinity means land that will be included or
reasonably could be included within the airport land use
compatibility plan. If the commission has not designated an
airport influence area for the airport land use compatibility
plan, then vicinity means land within two miles of the
boundary of a public airport.
(c) The commission may approve an action, regulation, or
permit if it finds, based on substantial evidence in the record,
all of the following:
(1) The commission is making substantial progress
toward the completion of the airport land use compatibility
plan.
(2) There is a reasonable probability that the action,
regulation, or permit will be consistent with the airport land
use compatibility plan being prepared by the commission.
(3) There is little or no probability of substantial
detriment to or interference with the future adopted airport
land use compatibility plan if the action, regulation, or
permit is ultimately inconsistent with the airport land use
compatibility plan.
(d) If the commission disapproves an action, regulation,
or permit, the commission shall notify the city or county. The
city or county may overrule the commission, by a two-thirds
vote of its governing body, if it makes specific findings that
the proposed action, regulation, or permit is consistent with
the purposes of this article, as stated in Section 21670.
(e) If a city or county overrules the commission pursuant
to subdivision (d), that action shall not relieve the city or
county from further compliance with this article after the
commission adopts the airport land use compatibility plan.
(f ) If a city or county overrules the commission pursuant
to subdivision (d) with respect to a publicly owned airport
that the city or county does not operate, the operator of the
airport is not liable for damages to property or personal injury
resulting from the citys or countys decision to proceed with
the action, regulation, or permit.
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the local agency governing body may act without them. The
comments by the division or the commission are advisory to
the local agency governing body. The local agency governing
body shall include comments from the commission and the
division in the final decision to overrule the commission,
which may only be adopted by a two-thirds vote of the
governing body.
(b) Whenever the local agency has revised its general plan
or specific plan or has overruled the commission pursuant
to subdivision (a), the proposed action of the local agency
shall not be subject to further commission review, unless
the commission and the local agency agree that individual
projects shall be reviewed by the commission.
(Added by Stats. 1984, Ch. 1117; Amended by Stats. 2002,
Ch. 438; Amended by Stats. 2003, Ch. 351.)
21677. County of Marin
Notwithstanding the two-thirds vote required by
Section 21676, any public agency in the County of Marin
may overrule the Marin County Airport Land Use
Commission by a majority vote of its governing body. At
least 45 days prior to the decision to overrule the commission,
the public agency governing body shall provide the commission
and the division a copy of the proposed decision and findings.
The commission and the division may provide comments to
the public agency governing body within 30 days of receiving
the proposed decision and findings. If the commission or the
divisions comments are not available within this time limit,
the public agency governing body may act without them. The
comments by the division or the commission are advisory to
the public agency governing body.The public agency governing
body shall include comments from the commission and the
division in the public record of the final decision to overrule
the commission, which may be adopted by a majority vote of
the governing body.
(Added by Stats. 1975, Ch. 934; Amended by Stats. 1984,
Ch. 144; Amended by Stats. 2003, Ch. 351.)
21678. Public agency override
With respect to a publicly owned airport that a public
agency does not operate, if the public agency pursuant to
Section 21676, 21676.5, or 21677 overrules a commissions
action or recommendation, the operator of the airport shall
be immune from liability for damages to property or personal
injury caused by or resulting directly or indirectly from the
public agencys decision to overrule the commissions action
or recommendation.
SEC. 7. Notwithstanding Section 17610 of the
Government Code, if the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those
costs shall be made pursuant to Part 7 (commencing with
Section 17500) of Division 4 of Title 2 of the Government
Code. If the statewide cost of the claim for reimbursement does
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9602. Definitions
Unless the context requires otherwise, the definitions set
forth in this section govern the construction of this part.
(a) Board means the Central Valley Flood Protection
Board.
(b) Plan means the Central Valley Flood Protection
Plan.
(c) Project levee means any levee that is part of the
facilities of the State Plan of Flood Control, as defined in
Section 5096.805 of the Public Resources Code.
(d) Public safety infrastructure means public safety
infrastructure necessary to respond to a flood emergency,
including, but not limited to, street and highway evacuation
routes, public utilities necessary for public health and safety,
including drinking water and wastewater treatment facilities,
and hospitals.
(e) Sacramento-San Joaquin Valley means any lands in
the bed or along or near the banks of the Sacramento River
or San Joaquin River, or any of their tributaries or connected
therewith, or upon any land adjacent thereto, or within any
of the overflow basins thereof, or upon any land susceptible
to overflow therefrom. The Sacramento-San Joaquin Valley
does not include lands lying within the Tulare Lake basin,
including the Kings River.
(f ) State Plan of Flood Control has the meaning set
forth in subdivision (j) of Section 5096.805 of the Public
Resources Code.
(g) System means the Sacramento-San Joaquin River
Flood Management System described in Section 9611.
(h) Urban area has the same meaning as that set forth in
subdivision (k) of Section 5096.805 of the Public Resources
Code.
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9620. Applicability
Upon the adoption of the plan by the board, all of the
following apply:
(a) The facilities identified pursuant to subdivision (a) of
Section 9614 shall be deemed to be part of the system.
(b) The board shall act on the recommendations to
remove facilities identified pursuant to subdivision (h) of
Section 9614 from the State Plan of Flood Control.
(c) The department shall develop a recommended schedule
and funding plan to implement the recommendations of the
plan. To develop the recommended schedule and funding
plan, the department may collaborate with local and federal
agencies.
(Added by Stats. 2007, Ch. 364.)
9621. County collaboration with cities
Consistent with the adoption of the Central Valley
Flood Protection Plan pursuant to this part, each county shall
collaborate with cities within its jurisdiction to develop flood
emergency plans within 24 months of the adoption of the
plan.
(Added by Stats. 2007, Ch. 364.)
9622. Local collaboration with State
Consistent with the adoption of the Central Valley
Flood Protection Plan pursuant to this part, each city, county,
and city and county shall collaborate with the state and local
flood management agencies to provide relocation assistance
or other cost-effective strategies for reducing flood risk to
existing economically disadvantaged communities located in
nonurbanized areas.
(Added by Stats. 2007, Ch. 364.)
9623. Collaboration with flood agencies
Consistent with the adoption of the Central Valley
Flood Protection Plan pursuant to this part, each city, county,
and city and county shall collaborate with the state and local
flood management agencies to develop funding mechanisms
to finance local flood protection responsibilities by January
1, 2010.
(Added by Stats. 2007, Ch. 364.)
9624. Applicability to cities, charter cities, and counties
Notwithstanding any other provision of law, this part
applies to all cities, including charter cities, and counties
included in the plan pursuant to Section 9614. The Legislature
Appendix
finds and declares that flood protection in the SacramentoSan Joaquin Valley is a matter of statewide concern and not
a municipal affair as that term is used in Section 5 of Article
XI of the California Constitution.
(Added by Stats. 2007, Ch. 364.)
9625. Development of cost-sharing
(a) By January 1, 2010, the department shall develop
cost-sharing formulas, as needed, for funds made available by
the Disaster Preparedness and Flood Prevention Bond Act of
2006 (Chapter 1.699 (commencing with Section 5096.800)
of Division 5 of the Public Resources Code) and the Safe
Drinking Water, Water Quality and Supply, Flood Control,
River and Coastal Protection Bond Act of 2006 (Division 43
(commencing with Section 75001) of the Public Resources
Code) for repairs or improvements of facilities included in
the plan to determine the local share of the cost of design
and construction.
(b) The cost-share formulas developed by the department
shall be established pursuant to Section 12585.7.
(c) In developing cost-share formulas, the department
shall consider the ability of local governments to pay their
share of the capital costs of the project.
(d) Prior to finalizing cost-share formulas, the
department shall conduct public meetings to consider public
comments. The department shall post the draft cost-share
formula on its Internet Web site at least 30 days before the
public meetings. To the extent feasible, the department shall
provide outreach to disadvantaged communities to promote
access and participation in the meetings.
(Added by Stats. 2007, Ch. 364.)
SEC. 10. If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those
costs shall be made pursuant to Part 7 (commencing with
Section 17500) of Division 4 of Title 2 of the Government
Code.
SEC. 11. This act shall become operative only if Assembly
Bill 162 and Senate Bill 17 of the 2007-08 Regular Session of
the Legislature are enacted and become operative.
WATER SUPPLY PLANNING TO SUPPORT
EXISTING AND PLANNED FUTURE USES
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Appendix
Appendix
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Appendix
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Appendix
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Appendix
APPENDIX
The purpose of this appendix is to provide references to codes that are of general interest to planners, but which are not among
the codes selected for inclusion in the Planning, Zoning, and Development Laws.
Note: References to the California Constitution are abbreviated as Cal. Const. California codes are abbreviated as follows:
Business and Professions Code........................... BPC
California Administrative Code.......................... CAC
Civil Code . ........................................................ CC
Education Code.................................................. EDC
Elections Code.................................................... EC
Fish and Game Code.......................................... FGC
Government Code.............................................. GC
Health and Safety Code...................................... HSC
Public Resources Code........................................ PRC
Public Utilities Code........................................... PUC
Revenue and Taxation Code............................... RTC
Streets and Highways Code................................ SHC
Water Code......................................................... WC
Welfare and Institutions Code............................ WIC
Annexations: See Cortese-Knox-Hertzberg Local Government
Reorganization Act of 2000
BCDC: See San Francisco Bay Conservation and Development
Commission Act
Benefit Assessment Act of 1982: GC 54703 et seq.
374
Cortese-Knox-Hertzberg
Local
Government
Reorganization Act of 2000: GC 56000 et seq.
County Ordinance Adoption: GC 25120
County Service Area Law: GC 25210 et seq.
Appendix
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Appendix
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