reglab/statecodes huggingface dataset:
2023 California Code › Government Code - GOV › TITLE 7 - PLANNING AND LAND USE › DIVISION 1 - PLANNING AND ZONING › CHAPTER 4 - Zoning Regulations › ARTICLE 2 - Adoption of Regulations › Section 65862.

65862. When inconsistency between the general plan and zoning arises as a result of adoption of or amendment to a general plan, or any element thereof, hearings held pursuant to Section 65854 or 65856 for the purpose of bringing zoning into consistency with the general plan, as required by Section 65860, may be held at the same time as hearings held for the purpose of adopting or amending a general plan, or any element thereof. However, the hearing on the general plan amendment may, at the discretion of the local agency, be concluded prior to any consideration of adoption of a zoning change.
It is the intent of the Legislature, in enacting this section, that local agencies shall, to the extent possible, concurrently process applications for general plan amendments and zoning changes which are needed to permit development so as to expedite processing of such applications.
(Repealed and added by Stats. 1980, Ch. 1152.)
2023 California Code › Government Code - GOV › TITLE 7 - PLANNING AND LAND USE › DIVISION 1 - PLANNING AND ZONING › CHAPTER 4 - Zoning Regulations › ARTICLE 2 - Adoption of Regulations › Section 65863.3.

65863.3. (a) A public agency shall not increase the minimum parking requirement that applies to a single-family residence as a condition of approval of a project to remodel, renovate, or add to a single-family residence provided that the project does not cause the single-family residence to exceed any maximum size limit imposed by the applicable zoning regulations, including, but not limited to, height, lot coverage, and floor-to-area ratio.
(b) For purposes of this section, “public agency” means the state or any state agency, board or commission, any city, county, city and county, including charter cities, or special district, or any agency, board, or commission of the city, county, city and county, special district, joint powers authority, or other political subdivision.
(c) The Legislature finds and declares that the imposition of mandatory parking minimums can increase the cost of housing, limit the number of available units, lead to an oversupply of parking spaces, and increased greenhouse gas emissions. Therefore, this section shall be interpreted in favor of the prohibition of the imposition of mandatory parking minimums as outlined in this section.
(d) This section shall not be construed to allow a local agency to impose parking restrictions that are more restrictive than the requirements a local agency is authorized to impose under Section 65852.2, if the single-family residence is on the same lot as an accessory dwelling unit.
(Added by Stats. 2023, Ch. 756, Sec. 1. (AB 1308) Effective January 1, 2024.)
2023 California Code › Government Code - GOV › TITLE 7 - PLANNING AND LAND USE › DIVISION 1 - PLANNING AND ZONING › CHAPTER 4 - Zoning Regulations › ARTICLE 2 - Adoption of Regulations › Section 65863.4.

65863.4. (a) Prior to noticing a public hearing on a proposed zoning ordinance or amendment to a zoning ordinance reducing the density permitted on property authorized for multifamily dwelling uses, the planning commission and legislative body shall approve a nonconforming use ordinance for multifamily dwellings that are involuntarily damaged or destroyed, which may be conditioned on the approval of an ordinance or amendment to a zoning ordinance reducing the density permitted on property authorized for multifamily dwelling uses.
(b) The planning commission and legislative body shall hold a public hearing on the proposed nonconforming use ordinance. Notice of the public hearing shall be given pursuant to Section 65090. If this hearing is held at the same time as a hearing under Section 65353 or 65854, notice for the hearings may be combined.
(c) A nonconforming multifamily dwelling ordinance need not apply to multifamily dwellings which have been abandoned for a specified period prior to being involuntarily damaged or destroyed, or to multifamily dwellings constituting a public nuisance prior to being involuntarily damaged or destroyed.
(d) For purposes of this section, “multifamily dwelling” means any structure designed for human habitation that has been divided into two or more legally created independent living quarters.
(e) This section shall not apply to either of the following:
(1) A city, county, or city and county that has adopted a nonconforming use ordinance that applies to multifamily dwellings that are involuntarily damaged or destroyed.
(2) A proposed zoning ordinance or amendment to a zoning ordinance reducing the density permitted on property authorized for multifamily dwelling uses, that has been requested by the owner of the property authorized for multifamily dwelling uses.
(f) Notwithstanding Section 65803, and except as provided in subdivision (e), this section shall also apply to a charter city.
(Amended by Stats. 2018, Ch. 856, Sec. 8. (SB 1333) Effective January 1, 2019.)
2023 California Code › Government Code - GOV › TITLE 7 - PLANNING AND LAND USE › DIVISION 1 - PLANNING AND ZONING › CHAPTER 4 - Zoning Regulations › ARTICLE 2 - Adoption of Regulations › Section 65863.5.

65863.5. Whenever the zoning covering a property is changed from one zone to another or a zoning variance or conditional use permit is granted with respect to any property, the governing body of the city or county shall, within 30 days, notify the county assessor of such action.
Notwithstanding Section 65803, this section shall apply to charter cities.
(Amended (as added by Stats. 1975, Ch. 1022) by Stats. 1980, Ch. 411, Sec. 1. Effective July 11, 1980. Operative January 1, 1981.)
2023 California Code › Government Code - GOV › TITLE 7 - PLANNING AND LAND USE › DIVISION 1 - PLANNING AND ZONING › CHAPTER 4 - Zoning Regulations › ARTICLE 2 - Adoption of Regulations › Section 65863.6.

65863.6. (a) In carrying out this chapter, each county and city shall consider the effect of ordinances adopted pursuant to this chapter on the housing needs of the region in which the local jurisdiction is situated and balance these needs against the public service needs of its residents and available fiscal and environmental resources. Any ordinance adopted pursuant to this chapter which, by its terms, limits the number of housing units which may be constructed on an annual basis shall contain findings as to the public health, safety, and welfare of the city or county to be promoted by the adoption of the ordinance which justify reducing the housing opportunities of the region.
(b) Notwithstanding Section 65803, this section shall also apply to a charter city.
(Amended by Stats. 2018, Ch. 856, Sec. 9. (SB 1333) Effective January 1, 2019.)
2023 California Code › Government Code - GOV › TITLE 7 - PLANNING AND LAND USE › DIVISION 1 - PLANNING AND ZONING › CHAPTER 4 - Zoning Regulations › ARTICLE 2 - Adoption of Regulations › Section 65863.8.

65863.8. (a) A local agency to which application has been made for the conversion of a mobilehome park to another use shall, at least 30 days prior to a hearing or any other action on the application, inform the applicant in writing of the provisions of Section 798.56 of the Civil Code and all applicable local requirements which impose upon the applicant a duty to notify residents and mobilehome owners of the mobilehome park of the proposed change in use, and shall specify therein the manner in which the applicant shall verify that residents and mobilehome owners of the mobilehome park have been notified of the proposed change in use. Neither a hearing on the application, nor any other action thereon, shall be taken by the local agency before the applicant has satisfactorily verified that the residents and mobilehome owners have been so notified, in the manner prescribed by law or local regulation.
(b) Notwithstanding Section 65803, this section shall also apply to a charter city.
(Amended by Stats. 2018, Ch. 856, Sec. 10. (SB 1333) Effective January 1, 2019.)
2023 California Code › Government Code - GOV › TITLE 7 - PLANNING AND LAND USE › DIVISION 1 - PLANNING AND ZONING › CHAPTER 4 - Zoning Regulations › ARTICLE 2 - Adoption of Regulations › Section 65863.9.

65863.9. Unless an earlier expiration appears on the face of the permit, any permit which is issued by a local agency in conjunction with a tentative subdivision map for a planned unit development shall expire no sooner than the approved tentative map, or any extension thereof, whichever occurs later.
Local coastal development permits issued by a local agency in conjunction with a tentative subdivision map for a planned unit development shall expire no sooner than the approved tentative map, and any extension of the map shall be in accordance with the applicable local coastal program, if any, which is in effect.
(Added by Stats. 1984, Ch. 990, Sec. 1.)
2023 California Code › Government Code - GOV › TITLE 7 - PLANNING AND LAND USE › DIVISION 1 - PLANNING AND ZONING › CHAPTER 4 - Zoning Regulations › ARTICLE 2.5 - Development Agreements › Section 65864.

65864. The Legislature finds and declares that:
(a) The lack of certainty in the approval of development projects can result in a waste of resources, escalate the cost of housing and other development to the consumer, and discourage investment in and commitment to comprehensive planning which would make maximum efficient utilization of resources at the least economic cost to the public.
(b) Assurance to the applicant for a development project that upon approval of the project, the applicant may proceed with the project in accordance with existing policies, rules and regulations, and subject to conditions of approval, will strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic costs of development.
(c) The lack of public facilities, including, but not limited to, streets, sewerage, transportation, drinking water, school, and utility facilities, is a serious impediment to the development of new housing. Whenever possible, applicants and local governments may include provisions in agreements whereby applicants are reimbursed over time for financing public facilities.
(Amended by Stats. 1984, Ch. 143, Sec. 1.)
2023 California Code › Government Code - GOV › TITLE 7 - PLANNING AND LAND USE › DIVISION 1 - PLANNING AND ZONING › CHAPTER 4 - Zoning Regulations › ARTICLE 2.5 - Development Agreements › Section 65865.

65865. (a) Any city, county, or city and county, may enter into a development agreement with any person having a legal or equitable interest in real property for the development of the property as provided in this article.
(b) Any city may enter into a development agreement with any person having a legal or equitable interest in real property in unincorporated territory within that city’s sphere of influence for the development of the property as provided in this article. However, the agreement shall not become operative unless annexation proceedings annexing the property to the city are completed within the period of time specified by the agreement. If the annexation is not completed within the time specified in the agreement or any extension of the agreement, the agreement is null and void.
(c) Every city, county, or city and county, shall, upon request of an applicant, by resolution or ordinance, establish procedures and requirements for the consideration of development agreements upon application by, or on behalf of, the property owner or other person having a legal or equitable interest in the property.
(d) A city, county, or city and county may recover from applicants the direct costs associated with adopting a resolution or ordinance to establish procedures and requirements for the consideration of development agreements.
(e) For any development agreement entered into on or after January 1, 2004, a city, county, or city and county shall comply with Section 66006 with respect to any fee it receives or cost it recovers pursuant to this article.
(Amended by Stats. 2003, Ch. 288, Sec. 1. Effective January 1, 2004.)
2023 California Code › Government Code - GOV › TITLE 7 - PLANNING AND LAND USE › DIVISION 1 - PLANNING AND ZONING › CHAPTER 4 - Zoning Regulations › ARTICLE 2.5 - Development Agreements › Section 65865.1.

65865.1. Procedures established pursuant to Section 65865 shall include provisions requiring periodic review at least every 12 months, at which time the applicant, or successor in interest thereto, shall be required to demonstrate good faith compliance with the terms of the agreement. If, as a result of such periodic review, the local agency finds and determines, on the basis of substantial evidence, that the applicant or successor in interest thereto has not complied in good faith with terms or conditions of the agreement, the local agency may terminate or modify the agreement.
(Added by Stats. 1979, Ch. 934.)
2023 California Code › Government Code - GOV › TITLE 7 - PLANNING AND LAND USE › DIVISION 1 - PLANNING AND ZONING › CHAPTER 4 - Zoning Regulations › ARTICLE 2.5 - Development Agreements › Section 65865.2.

65865.2. A development agreement shall specify the duration of the agreement, the permitted uses of the property, the density or intensity of use, the maximum height and size of proposed buildings, and provisions for reservation or dedication of land for public purposes. The development agreement may include conditions, terms, restrictions, and requirements for subsequent discretionary actions, provided that such conditions, terms, restrictions, and requirements for subsequent discretionary actions shall not prevent development of the land for the uses and to the density or intensity of development set forth in the agreement. The agreement may provide that construction shall be commenced within a specified time and that the project or any phase thereof be completed within a specified time.
The agreement may also include terms and conditions relating to applicant financing of necessary public facilities and subsequent reimbursement over time.
(Amended by Stats. 1984, Ch. 143, Sec. 2.)
2023 California Code › Government Code - GOV › TITLE 7 - PLANNING AND LAND USE › DIVISION 1 - PLANNING AND ZONING › CHAPTER 4 - Zoning Regulations › ARTICLE 2.5 - Development Agreements › Section 65865.3.

65865.3. (a) Except as otherwise provided in subdivisions (b) and (c), Section 65868, or Section 65869.5, notwithstanding any other law, if a newly incorporated city or newly annexed area comprises territory that was formerly unincorporated, any development agreement entered into by the county prior to the effective date of the incorporation or annexation shall remain valid for the duration of the agreement, or eight years from the effective date of the incorporation or annexation, whichever is earlier. The holder of the development agreement and the city may agree that the development agreement shall remain valid for more than eight years, provided that the longer period shall not exceed 15 years from the effective date of the incorporation or annexation. The holder of the development agreement and the city shall have the same rights and obligations with respect to each other as if the property had remained in the unincorporated territory of the county.
(b) The city may modify or suspend the provisions of the development agreement if the city determines that the failure of the city to do so would place the residents of the territory subject to the development agreement, or the residents of the city, or both, in a condition dangerous to their health or safety, or both.
(c) Except as otherwise provided in subdivision (d), this section applies to any development agreement which meets all of the following requirements:
(1) The application for the agreement is submitted to the county prior to the date that the first signature was affixed to the petition for incorporation or annexation pursuant to Section 56704 or the adoption of the resolution pursuant to Section 56800, whichever occurs first.
(2) The county enters into the agreement with the applicant prior to the date of the election on the question of incorporation or annexation, or, in the case of an annexation without an election pursuant to Section 57075, prior to the date that the conducting authority orders the annexation.
(3) The annexation proposal is initiated by the city. If the annexation proposal is initiated by a petitioner other than the city, the development agreement is valid unless the city adopts written findings that implementation of the development agreement would create a condition injurious to the health, safety, or welfare of city residents.
(d) This section does not apply to any territory subject to a development agreement if that territory is incorporated and the effective date of the incorporation is prior to January 1, 1987.
(Amended by Stats. 1989, Ch. 664, Sec. 1.)
2023 California Code › Government Code - GOV › TITLE 7 - PLANNING AND LAND USE › DIVISION 1 - PLANNING AND ZONING › CHAPTER 4 - Zoning Regulations › ARTICLE 2.5 - Development Agreements › Section 65865.4.

65865.4. Unless amended or canceled pursuant to Section 65868, or modified or suspended pursuant to Section 65869.5, and except as otherwise provided in subdivision (b) of Section 65865.3, a development agreement shall be enforceable by any party thereto notwithstanding any change in any applicable general or specific plan, zoning, subdivision, or building regulation adopted by the city, county, or city and county entering the agreement, which alters or amends the rules, regulations, or policies specified in Section 65866.
(Amended by Stats. 1986, Ch. 857, Sec. 3.)
2023 California Code › Government Code - GOV › TITLE 7 - PLANNING AND LAND USE › DIVISION 1 - PLANNING AND ZONING › CHAPTER 4 - Zoning Regulations › ARTICLE 2.5 - Development Agreements › Section 65865.5.

65865.5. (a) Notwithstanding any other law, after the amendments required by Sections 65302.9 and 65860.1 have become effective, the legislative body of a city or county within the Sacramento-San Joaquin Valley shall not enter into a development agreement for property that is located within a flood hazard zone unless the city or county finds, based on substantial evidence in the record, one of the following:
(1) The facilities of the State Plan of Flood Control or other flood management facilities protect the property to the urban level of flood protection in urban and urbanizing areas or the national Federal Emergency Management Agency standard of flood protection in nonurbanized areas.
(2) The city or county has imposed conditions on the development agreement that will protect the property to the urban level of flood protection in urban and urbanizing areas or the national Federal Emergency Management Agency standard of flood protection in nonurbanized areas.
(3) The local flood management agency has made adequate progress on the construction of a flood protection system that will result in flood protection equal to or greater than the urban level of flood protection in urban or urbanizing areas or the national Federal Emergency Management Agency standard of flood protection in nonurbanized areas for property located within a flood hazard zone, intended to be protected by the system. Except as provided in Sections 65962.1 and 65962.2, for urban and urbanizing areas protected by project levees, the urban level of flood protection shall be achieved by 2025.
(4) The property in an undetermined risk area has met the urban level of flood protection based on substantial evidence in the record.
(b) The effective date of amendments referred to in this section shall be the date upon which the statutes of limitation specified in subdivision (c) of Section 65009 have run or, if the amendments and any associated environmental documents are challenged in court, the validity of the amendments and any associated environmental documents has been upheld in a final decision.
(c) This section does not change or diminish existing requirements of local flood plain management laws, ordinances, resolutions, or regulations necessary to local agency participation in the national flood insurance program.
(Amended by Stats. 2022, Ch. 708, Sec. 2. (SB 901) Effective January 1, 2023.)
2023 California Code › Government Code - GOV › TITLE 7 - PLANNING AND LAND USE › DIVISION 1 - PLANNING AND ZONING › CHAPTER 4 - Zoning Regulations › ARTICLE 2.5 - Development Agreements › Section 65866.

65866. (a) Unless otherwise provided by the development agreement, rules, regulations, and official policies governing permitted uses of the land, governing density, and governing design, improvement, and construction standards and specifications, applicable to development of the property subject to a development agreement, shall be those rules, regulations, and official policies in force at the time of execution of the agreement. A development agreement shall not prevent a city, county, or city and county, in subsequent actions applicable to the property, from applying new rules, regulations, and policies which do not conflict with those rules, regulations, and policies applicable to the property as set forth herein, nor shall a development agreement prevent a city, county, or city and county from denying or conditionally approving any subsequent development project application on the basis of these existing or new rules, regulations, and policies.
(b) Notwithstanding Section 65803, this section shall also apply to a charter city.
(Amended by Stats. 2018, Ch. 856, Sec. 11. (SB 1333) Effective January 1, 2019.)
2023 California Code › Government Code - GOV › TITLE 7 - PLANNING AND LAND USE › DIVISION 1 - PLANNING AND ZONING › CHAPTER 4 - Zoning Regulations › ARTICLE 2.5 - Development Agreements › Section 65867.

65867. A public hearing on an application for a development agreement shall be held by the planning agency and by the legislative body. Notice of intention to 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, Sec. 26.)
2023 California Code › Government Code - GOV › TITLE 7 - PLANNING AND LAND USE › DIVISION 1 - PLANNING AND ZONING › CHAPTER 4 - Zoning Regulations › ARTICLE 2.5 - Development Agreements › Section 65867.5.

65867.5. (a) A development agreement is a legislative act that shall be approved by ordinance and is subject to referendum.
(b) A development agreement shall not be approved unless the legislative body finds that the provisions of the agreement are consistent with the general plan and any applicable specific plan.
(c) A development agreement that includes a subdivision, as defined in Section 66473.7, shall not be approved unless the agreement provides that any tentative map prepared for the subdivision will comply with Section 66473.7.
(d) Notwithstanding Section 65803, this section shall also apply to a charter city.
(Amended by Stats. 2018, Ch. 856, Sec. 12. (SB 1333) Effective January 1, 2019.)
2023 California Code › Government Code - GOV › TITLE 7 - PLANNING AND LAND USE › DIVISION 1 - PLANNING AND ZONING › CHAPTER 4 - Zoning Regulations › ARTICLE 2.5 - Development Agreements › Section 65868.

65868. A development agreement may be amended, or canceled in whole or in part, by mutual consent of the parties to the agreement or their successors in interest. 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.)
2023 California Code › Government Code - GOV › TITLE 7 - PLANNING AND LAND USE › DIVISION 1 - PLANNING AND ZONING › CHAPTER 4 - Zoning Regulations › ARTICLE 2.5 - Development Agreements › Section 65868.5.

65868.5. No later than 10 days after a city, county, or city and county enters into a development agreement, the clerk of the legislative body shall record with the 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.)
2023 California Code › Government Code - GOV › TITLE 7 - PLANNING AND LAND USE › DIVISION 1 - PLANNING AND ZONING › CHAPTER 4 - Zoning Regulations › ARTICLE 2.5 - Development Agreements › Section 65869.

65869. A development agreement shall not be applicable to any development project located in an area for which a local coastal program is required to be prepared and 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.)
2023 California Code › Government Code - GOV › TITLE 7 - PLANNING AND LAND USE › DIVISION 1 - PLANNING AND ZONING › CHAPTER 4 - Zoning Regulations › ARTICLE 2.5 - Development Agreements › Section 65869.5.

65869.5. (a) If state or federal laws or regulations, enacted after a development agreement has been entered into, prevent or preclude compliance with one or more provisions of the development agreement, those provisions of the agreement shall be modified or suspended as may be necessary to comply with those state or federal laws or regulations.
(b) Notwithstanding Section 65803, a development agreement entered into by a charter city before July 1, 2018, shall not be required to comply with this article.
(Amended by Stats. 2018, Ch. 856, Sec. 13. (SB 1333) Effective January 1, 2019.)
2023 California Code › Government Code - GOV › TITLE 7 - PLANNING AND LAND USE › DIVISION 1 - PLANNING AND ZONING › CHAPTER 4 - Zoning Regulations › ARTICLE 2.7 - Covenants for Easement › Section 65870.

65870. Any city or county may adopt an ordinance for the imposition of covenants pursuant to this article.
(Added by Stats. 1985, Ch. 996, Sec. 1.)
2023 California Code › Government Code - GOV › TITLE 7 - PLANNING AND LAND USE › DIVISION 1 - PLANNING AND ZONING › CHAPTER 4 - Zoning Regulations › ARTICLE 2.7 - Covenants for Easement › Section 65871.

65871. (a) In addition to any other method for the creation of an easement, an easement may be created pursuant to an ordinance adopted implementing this article, by a recorded covenant of easement made by an owner of real property to the city or county. An easement created pursuant to this article may be for parking, ingress, egress, emergency access, light and air access, landscaping, or open-space purposes.
(b) At the time of recording of the covenant of easement, all the real property benefited or burdened by the covenant shall be in common ownership. The covenant shall be effective when recorded and shall act as an easement pursuant to Chapter 3 (commencing with Section 801) of Title 2 of Part 2 of Division 2 of the Civil Code, except that it shall not merge into any other interest in the real property. Section 1104 of the Civil Code shall be applicable to conveyance of the affected real property.
(c)  A covenant of easement recorded pursuant to this section shall describe the real property to be subject to the easement and the real property to be benefited thereby. The covenant of easement shall also identify the approval, permit, or designation granted which relied upon or required the covenant.
(d) A covenant executed pursuant to this section shall be enforceable by the successors in interest to the real property benefited by the covenant.
(Added by Stats. 1985, Ch. 996, Sec. 1.)
2023 California Code › Government Code - GOV › TITLE 7 - PLANNING AND LAND USE › DIVISION 1 - PLANNING AND ZONING › CHAPTER 4 - Zoning Regulations › ARTICLE 2.7 - Covenants for Easement › Section 65873.

65873. The covenant of easement shall be recorded in the county where all or a portion of the restricted property is located and shall contain a legal description of the real property and be executed by the owner of the real property. From and after the time of its recordation, the covenant shall impart notice thereof to all persons to the extent afforded by the recording laws of this state. Upon recordation, the burdens of the covenant shall be binding upon, and the benefits of the covenant shall inure to, all successors in interest to the real property.
(Added by Stats. 1985, Ch. 996, Sec. 1.)
2023 California Code › Government Code - GOV › TITLE 7 - PLANNING AND LAND USE › DIVISION 1 - PLANNING AND ZONING › CHAPTER 4 - Zoning Regulations › ARTICLE 2.7 - Covenants for Easement › Section 65874.

65874. (a) The ordinance adopted pursuant to Section 65870 shall provide a procedure for the release of the covenant. The procedure shall require a public hearing by the agency designated by the ordinance for that purpose. The hearing shall be held at the request of any person whether or not that person has title to the real property.
(b) Upon a determination that the restriction of the property is no longer necessary to achieve the land use goals of the city or county, a release shall be recorded by the city or county in the county where the restricted property is located.
(c) The ordinance may provide for the imposition of fees to recover the reasonable costs of processing the release from those persons requesting the release pursuant to this section.
(Added by Stats. 1985, Ch. 996, Sec. 1.)
2023 California Code › Government Code - GOV › TITLE 7 - PLANNING AND LAND USE › DIVISION 1 - PLANNING AND ZONING › CHAPTER 4 - Zoning Regulations › ARTICLE 2.7 - Covenants for Easement › Section 65875.

65875. Nothing in this article shall create in any person other than the city or county and the owner of the real property burdened or benefited by the covenant standing to enforce or to challenge the covenant or any amendment thereto or release therefrom.
(Added by Stats. 1985, Ch. 996, Sec. 1.)
2023 California Code › Government Code - GOV › TITLE 7 - PLANNING AND LAND USE › DIVISION 1 - PLANNING AND ZONING › CHAPTER 4 - Zoning Regulations › ARTICLE 2.9 - Guidebook for Jobs-Housing Balance › Section 65890.1.

65890.1. The Legislature finds and declares that:
(a) State land use patterns should be encouraged that balance the location of employment-generating uses with residential uses so that employment-related commuting is minimized.
(b) Balance in employment and residential land use patterns reduces traffic congestion and may contribute to improvement of air quality in urban areas.
(c) Balancing of employment-generating land uses and residential land uses improves economic and housing opportunities and reduces loss of economic productivity caused by transportation delay.
(d) The attainment of a more balanced land use pattern requires the cooperation of government agencies with the private sector to assure that public and private decisions affecting land use take into consideration the need to seek balance in the location of employment-generating land uses and residential land uses.
(e) Local agencies and state agencies should cooperate to facilitate the balancing of employment-generating land uses and residential land uses and provisions of transportation to serve these uses.
(f) Local governments have the primary responsibility to plan for local land use patterns, within the parameters established by state law to achieve statewide needs.
(g) Housing must be provided for the estimated 3 million new workers and their families expected to be added to the California economy in the 1990’s.
(h) It is the intent of the Legislature to move toward the goal that every California worker have available the opportunity to reside close to his or her jobsite.
(Added by Stats. 1990, Ch. 843, Sec. 1.)
2023 California Code › Government Code - GOV › TITLE 7 - PLANNING AND LAND USE › DIVISION 1 - PLANNING AND ZONING › CHAPTER 4 - Zoning Regulations › ARTICLE 2.9 - Guidebook for Jobs-Housing Balance › Section 65890.3.

65890.3. The Department of Housing and Community Development shall prepare a guidebook for use by cities, counties, councils of government, state agencies, and the 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, Sec. 1.)
2023 California Code › Government Code - GOV › TITLE 7 - PLANNING AND LAND USE › DIVISION 1 - PLANNING AND ZONING › CHAPTER 4 - Zoning Regulations › ARTICLE 2.9 - Guidebook for Jobs-Housing Balance › Section 65890.5.

65890.5. (a) The guidebook shall include the following:
(1) Methodologies for measuring the balance of jobs and housing.
(2) Methodologies for analysis of the projected 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 office’s 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, Sec. 1.)
2023 California Code › Government Code - GOV › TITLE 7 - PLANNING AND LAND USE › DIVISION 1 - PLANNING AND ZONING › CHAPTER 4 - Zoning Regulations › ARTICLE 3 - Administration › Section 65900.

65900. The legislative body of a city or county may, by ordinance, create and establish either a board of zoning adjustment, or the office of zoning administrator or both. It may also, by ordinance, create and establish a board of appeals. Members of a board of zoning adjustment and members of a board of appeals may receive compensation for their attendance at each meeting of their respective boards in a sum to be fixed by the legislative body by which they are appointed. In addition, they may also receive reasonable traveling expenses to and from the usual place of business of such board to any place of meeting of the board within the county or city.
(Added by Stats. 1965, Ch. 1880.)
2023 California Code › Government Code - GOV › TITLE 7 - PLANNING AND LAND USE › DIVISION 1 - PLANNING AND ZONING › CHAPTER 4 - Zoning Regulations › ARTICLE 3 - Administration › Section 65901.

65901. (a) The board of zoning adjustment or zoning administrator shall hear and decide applications for conditional uses or other permits when the zoning ordinance provides therefor and establishes criteria for determining those matters, and applications for variances from the terms of the zoning ordinance. The board of zoning adjustment or the zoning administrator may also exercise any other powers granted by local ordinance, and may adopt all rules and procedures necessary or convenient for the conduct of the board’s or administrator’s business.
(b) In accordance with the requirements for variances specified in Section 65906, the legislative body of the city or county may, by ordinance, authorize the board of zoning adjustment or zoning administrator to decide applications for variance from the terms of the zoning ordinance without a public hearing on the application. That ordinance shall specify the kinds of variances which may be granted by the board of zoning adjustment or zoning administrator, and the extent of variation which the board of zoning adjustment or zoning administrator may allow.
(Amended by Stats. 1985, Ch. 1199, Sec. 9.)
2023 California Code › Government Code - GOV › TITLE 7 - PLANNING AND LAND USE › DIVISION 1 - PLANNING AND ZONING › CHAPTER 4 - Zoning Regulations › ARTICLE 3 - Administration › Section 65902.

65902. In the event that neither a board of zoning adjustment or the office of a zoning administrator has been created and established, the planning commission shall exercise all of the functions and duties of said board or said administrator.
The legislative body of a county may provide that an area planning commission shall exercise all of the functions and duties of a board of zoning adjustment or a zoning administrator in a prescribed portion of the county.
(Amended by Stats. 1971, Ch. 462.)
2023 California Code › Government Code - GOV › TITLE 7 - PLANNING AND LAND USE › DIVISION 1 - PLANNING AND ZONING › CHAPTER 4 - Zoning Regulations › ARTICLE 3 - Administration › Section 65903.

65903. A board of appeals, if one has been created and established by local ordinance, shall hear and determine appeals from the decisions of the board of zoning adjustment or the zoning administrator, as the case may be. Procedures for such appeals shall be as provided by local ordinance. Such board may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from, and may make such order, requirement, decision, or determination as should be made, and such action shall be final.
(Added by Stats. 1965, Ch. 1880.)
2023 California Code › Government Code - GOV › TITLE 7 - PLANNING AND LAND USE › DIVISION 1 - PLANNING AND ZONING › CHAPTER 4 - Zoning Regulations › ARTICLE 3 - Administration › Section 65904.

65904. If a board of appeals has not been created and established the local legislative body shall exercise all of the functions and duties of the board of appeals in the same manner and to the same effect as provided in Section 65903.
(Added by Stats. 1965, Ch. 1880.)
2023 California Code › Government Code - GOV › TITLE 7 - PLANNING AND LAND USE › DIVISION 1 - PLANNING AND ZONING › CHAPTER 4 - Zoning Regulations › ARTICLE 3 - Administration › Section 65905.

65905. (a) Except as otherwise provided by this article, a public hearing shall be held on an application for a variance from the requirements of a zoning ordinance, an application for a conditional use permit or equivalent development permit, a proposed revocation or modification of a variance or use permit or equivalent development permit, or an appeal from the action taken on any of those applications.
(b) Notice of a hearing held pursuant to subdivision (a) shall be given pursuant to Section 65091.
(Repealed and added by Stats. 1984, Ch. 1009, Sec. 28.)
2023 California Code › Government Code - GOV › TITLE 7 - PLANNING AND LAND USE › DIVISION 1 - PLANNING AND ZONING › CHAPTER 4 - Zoning Regulations › ARTICLE 3 - Administration › Section 65906.

65906. Variances from the terms of the zoning ordinances shall be granted only when, because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification.
Any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated.
A variance shall not be granted for a parcel of property which authorizes a use or activity which is not otherwise expressly authorized by the zone regulation governing the parcel of property. The provisions of this section shall not apply to conditional use permits.
(Amended by Stats. 1974, Ch. 607.)
2023 California Code › Government Code - GOV › TITLE 7 - PLANNING AND LAND USE › DIVISION 1 - PLANNING AND ZONING › CHAPTER 4 - Zoning Regulations › ARTICLE 3 - Administration › Section 65906.5.

65906.5. Notwithstanding Section 65906, a variance may be granted from the parking requirements of a zoning ordinance in order that some or all of the required parking spaces be located offsite, including locations in other local jurisdictions, or that in-lieu fees or facilities be provided instead of the required parking spaces, if both the following conditions are met:
(a) The variance will be an incentive to, and a benefit for, the nonresidential development.
(b) The variance will facilitate access to the nonresidential development by patrons of public transit facilities, particularly guideway facilities.
(Added by Stats. 1980, Ch. 1125.)
2023 California Code › Government Code - GOV › TITLE 7 - PLANNING AND LAND USE › DIVISION 1 - PLANNING AND ZONING › CHAPTER 4 - Zoning Regulations › ARTICLE 3 - Administration › Section 65907.

65907. (a) To the extent that an outdoor expansion of a business to mitigate COVID-19 pandemic restrictions on indoor dining interferes with, reduces, eliminates, or impacts required parking for existing uses, a local jurisdiction that has not adopted an ordinance that provides relief from parking restrictions for expanded outdoor dining areas shall reduce the number of required parking spaces for existing uses by the number of spaces that the local jurisdiction determines are needed to accommodate an expanded outdoor dining area.
(b) This section shall remain in effect only until July 1, 2026, and as of that date is repealed.
(Amended by Stats. 2023, Ch. 569, Sec. 3. (AB 1217) Effective January 1, 2024. Repealed as of July 1, 2026, by its own provisions.)
2023 California Code › Government Code - GOV › TITLE 7 - PLANNING AND LAND USE › DIVISION 1 - PLANNING AND ZONING › CHAPTER 4 - Zoning Regulations › ARTICLE 3 - Administration › Section 65908.

65908. (a) Any agency which institutes a judicial action or proceeding to enforce zoning regulations may file a notice of the pendency of the action or proceeding in the county recorder’s office of the county where the property affected by the action or proceeding is situated. The notice shall be filed at the time of the commencement of the action or proceeding, and, upon recordation of such notice as provided in this subdivision, shall have the same effect as a notice recorded pursuant to Section 409 of the Code of Civil Procedure.
The county recorder shall record and index the notice of pendency of action or proceeding in the index of grantors and any other index relative to the property in question.
(b) Any notice of pendency of action or proceeding filed pursuant to subdivision (a) may, upon motion of a party to the action or proceeding, be vacated upon an appropriate showing of need therefor by an order of a judge of the court in which the action or proceeding is pending. A certified copy of the order of vacation may be recorded in the office of the recorder of the county where the notice of pendency of action is recorded, and upon such recordation the notice of pendency of the action or proceeding shall not constitute constructive notice of any of the matters contained therein nor create any duty of inquiry in any person thereafter dealing with the property described therein. Such an order of vacation shall not be appealable, but the party aggrieved by such order may, within 20 days after service of written notice of the order, or within such additional time not exceeding 20 days as the court may, within the original 20 days, allow, but in no event later than 60 days after entry of the order, petition the proper reviewing court to review such order by writ of mandate. No such order of vacation shall be effective, nor shall it be recorded in the office of any county recorder, until the time within which a petition for writ of mandate may be filed pursuant to this subdivision has expired.
(Added by Stats. 1970, Ch. 96.)
2023 California Code › Government Code - GOV › TITLE 7 - PLANNING AND LAND USE › DIVISION 1 - PLANNING AND ZONING › CHAPTER 4 - Zoning Regulations › ARTICLE 3 - Administration › Section 65909.

65909. No local governmental body, or any agency thereof, may condition the issuance of any building or use permit or zone variance on any or all of the following:
(a) The dedication of land for any purpose not reasonably related to the use of the property for which the variance, building, or use permit is requested.
(b) The posting of a bond to guarantee installation of public improvements not reasonably related to the use of the property for which the variance, building, or use permit is requested.
(Amended by Stats. 1983, Ch. 101, Sec. 85.)
2023 California Code › Government Code - GOV › TITLE 7 - PLANNING AND LAND USE › DIVISION 1 - PLANNING AND ZONING › CHAPTER 4 - Zoning Regulations › ARTICLE 3 - Administration › Section 65909.5.

65909.5. The legislative body of any county or city, including a charter city, may establish reasonable fees for the processing of use permits, zone variances, or zone 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.
(Amended by Stats. 1990, Ch. 1572, Sec. 12.)
2023 California Code › Government Code - GOV › TITLE 7 - PLANNING AND LAND USE › DIVISION 1 - PLANNING AND ZONING › CHAPTER 4 - Zoning Regulations › ARTICLE 4 - Open-Space Zoning › Section 65910.

65910. Every city and county by December 31, 1973, shall prepare and adopt an open-space zoning ordinance consistent with the local open-space plan adopted pursuant to Article 10.5 (commencing with Section 65560) of Chapter 3 of this title.
(Amended by Stats. 1973, Ch. 120.)
2023 California Code › Government Code - GOV › TITLE 7 - PLANNING AND LAND USE › DIVISION 1 - PLANNING AND ZONING › CHAPTER 4 - Zoning Regulations › ARTICLE 4 - Open-Space Zoning › Section 65911.

65911. Variances from the terms of an open-space zoning ordinance shall be granted only when, because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification.
Any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated.
This section shall be literally and strictly interpreted and enforced so as to protect the interest of the public in the orderly growth and development of cities and counties and in the preservation and conservation of open-space lands.
(Added by Stats. 1970, Ch. 1590.)