reglab/statecodes huggingface dataset:
2023 California Code › Government Code - GOV › TITLE 7 - PLANNING AND LAND USE › DIVISION 1 - PLANNING AND ZONING › CHAPTER 3 - Local Planning › ARTICLE 10.8 - Water Conservation in Landscaping › Section 65592.

65592. Unless the context requires otherwise, the following definitions govern the construction of this article:
(a) “Department” means the Department of Water Resources.
(b) “Director” means the Director of Water Resources.
(c) “Local agency” means any city, county, or city and county, including a charter city or charter county.
(d) “Water efficient landscape ordinance” means an ordinance or resolution adopted by a local agency, or prepared by the department, to address the efficient use of water in landscaping.
(Amended by Stats. 2018, Ch. 867, Sec. 4. (AB 2371) Effective January 1, 2019.)
2023 California Code › Government Code - GOV › TITLE 7 - PLANNING AND LAND USE › DIVISION 1 - PLANNING AND ZONING › CHAPTER 3 - Local Planning › ARTICLE 10.8 - Water Conservation in Landscaping › Section 65593.

65593. The Legislature finds and declares all of the following:
(a) The waters of the state are of limited supply and are subject to ever increasing demands.
(b) The continuation of California’s economic prosperity is dependent on adequate supplies of water being available for future uses.
(c) It is the policy of the state to promote the conservation and efficient use of water and to prevent the waste of this valuable resource.
(d) Landscapes are essential to the quality of life in California by providing areas for active and passive recreation and as an enhancement to the environment by cleaning air and water, preventing erosion, offering fire protection, and replacing ecosystems lost to development.
(e) Landscape design, installation, maintenance, and management can and should be water efficient.
(f) Section 2 of Article X of the California Constitution specifies that the right to use water is limited to the amount reasonably required for the beneficial use to be served and the right does not and shall not extend to waste or unreasonable use or unreasonable method of use.
(g) (1) The Legislature, pursuant to Chapter 682 of the Statutes of 2004, requested the California Urban Water Conservation Council to convene a stakeholders work group to develop recommendations for improving the efficiency of water use in urban irrigated landscapes.
(2) The work group report includes a recommendation to update the model water efficient landscape ordinance adopted by the department pursuant to Chapter 1145 of the Statutes of 1990.
(3) It is the intent of the Legislature that the department promote the use of this updated model ordinance.
(h) Notwithstanding Article 13 (commencing with Section 65700), this article addresses a matter that is of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Accordingly, it is the intent of the Legislature that this article, except as provided in Section 65594, apply to all cities and counties, including charter cities and charter counties.
(Repealed and added by Stats. 2006, Ch. 559, Sec. 3. Effective January 1, 2007.)
2023 California Code › Government Code - GOV › TITLE 7 - PLANNING AND LAND USE › DIVISION 1 - PLANNING AND ZONING › CHAPTER 3 - Local Planning › ARTICLE 10.8 - Water Conservation in Landscaping › Section 65594.

65594. (a) Except as provided in Section 65595, if by January 1, 1993, a local agency did not adopt a water efficient landscape ordinance and did not adopt findings based on climatic, geological, or topographical conditions, or water availability that state that a water efficient landscape ordinance is unnecessary, the model water efficient landscape ordinance adopted by the department pursuant to Chapter 1145 of the Statutes of 1990 shall apply within the jurisdiction of the local agency as of that date, shall be enforced by the local agency, and shall have the same force and effect as if adopted by the local agency.
(b) Notwithstanding subdivision (b) of Section 65592, subdivision (a) does not apply to chartered cities.
(c) This section shall apply only until the department updates the model ordinance.
(Repealed and added by Stats. 2006, Ch. 559, Sec. 3. Effective January 1, 2007.)
2023 California Code › Government Code - GOV › TITLE 7 - PLANNING AND LAND USE › DIVISION 1 - PLANNING AND ZONING › CHAPTER 3 - Local Planning › ARTICLE 10.8 - Water Conservation in Landscaping › Section 65595.

65595. (a) (1) To the extent funds are appropriated, not later than January 1, 2009, by regulation, the department shall update the model water efficient landscape ordinance adopted pursuant to Chapter 1145 of the Statutes of 1990, after holding one or more public hearings. The updated model ordinance shall be based on the recommendations set forth in the report prepared pursuant to Chapter 682 of the Statutes of 2004 and shall meet the requirements of Section 65596.
(2) Before the adoption of the updated model ordinance pursuant to paragraph (1), the department shall prepare and submit to the Legislature a report relating to both of the following:
(A) The extent to which local agencies have complied with the model water efficient landscape ordinance adopted pursuant to Chapter 1145 of the Statutes of 1990.
(B) The department’s recommendations regarding the landscape water budget component of the updated model ordinance described in subdivision (b) of Section 65596.
(b) Not later than January 31, 2009, the department shall distribute the updated model ordinance adopted pursuant to subdivision (a) to all local agencies and other interested parties.
(c) On or before January 1, 2010, a local agency shall adopt one of the following:
(1) A water efficient landscape ordinance that is, based on evidence in the record, at least as effective in conserving water as the updated model ordinance adopted by the department pursuant to subdivision (a).
(2) The updated model ordinance described in paragraph (1).
(d) If the local agency has not adopted, on or before January 1, 2010, a water efficient landscape ordinance pursuant to subdivision (c), the updated model ordinance adopted by the department pursuant to subdivision (a) shall apply within the jurisdiction of the local agency as of that date, shall be enforced by the local agency, and shall have the same force and effect as if adopted by the local agency.
(e) Nothing in this article shall be construed to require the local agency’s water efficient landscape ordinance to duplicate, or to conflict with, a water efficiency program or measure implemented by a public water system, as defined in Section 116275 of the Health and Safety Code, within the jurisdictional boundaries of the local agency.
(Repealed and added by Stats. 2006, Ch. 559, Sec. 3. Effective January 1, 2007.)
2023 California Code › Government Code - GOV › TITLE 7 - PLANNING AND LAND USE › DIVISION 1 - PLANNING AND ZONING › CHAPTER 3 - Local Planning › ARTICLE 10.8 - Water Conservation in Landscaping › Section 65596.5.

65596.5. (a) On or before January 1, 2020, and at least every three years thereafter, the department, after holding one or more public hearings, shall do one of the following:
(1) Update the model water-efficient landscape ordinance adopted pursuant to Chapter 1145 of the Statutes of 1990.
(2) Make a finding that an update to the model water-efficient landscape ordinance at that time is not a useful or effective means to improve either the efficiency of landscape water use or the administration of the ordinance.
(b) On or before January 1, 2020, and at least every three years thereafter, the department shall consider and propose revisions to the publication “Water Use Classification of Landscape Species” and its associated database as the director deems necessary or desirable to add unlisted plant taxa being offered for sale in California and to correct errors in existing listings.
(c) When the model water-efficient landscape ordinance has been updated, the department shall submit the update to the Building Standards Commission for consideration during the triennial revision process of the California Green Building Standards Code.
(Amended by Stats. 2018, Ch. 867, Sec. 6. (AB 2371) Effective January 1, 2019.)
2023 California Code › Government Code - GOV › TITLE 7 - PLANNING AND LAND USE › DIVISION 1 - PLANNING AND ZONING › CHAPTER 3 - Local Planning › ARTICLE 10.8 - Water Conservation in Landscaping › Section 65596.7.

65596.7. (a) On or before June 30, 2019, the director shall convene a working group comprised of representatives from the landscape nursery industry, the agricultural community, the landscape retail industry, environmental organizations, urban water agencies, academia, landscape contractors, landscape architects, and the independent technical panel created pursuant to Section 10631.7 of the Water Code.
(b) The working group shall have both of the following tasks:
(1) Examining the current state of consumer information available and accessible regarding water use associated with landscape plants.
(2) Exploring and identifying options for improving the availability, accessibility, and quality of consumer information regarding water use associated with landscape plants, in both electronic and physical formats.
(c) The working group shall complete its tasks on or before January 1, 2020, and shall provide a written overview of its findings and recommendations, if any, to the director, the Executive Director of the State Water Resources Control Board, the Speaker of the Assembly, and the President pro Tempore of the Senate.
(Added by Stats. 2018, Ch. 867, Sec. 7. (AB 2371) Effective January 1, 2019.)
2023 California Code › Government Code - GOV › TITLE 7 - PLANNING AND LAND USE › DIVISION 1 - PLANNING AND ZONING › CHAPTER 3 - Local Planning › ARTICLE 10.8 - Water Conservation in Landscaping › Section 65597.

65597. Not later than January 31, 2010, each local agency shall notify the department as to whether the local agency is subject to the department’s updated model ordinance adopted pursuant to Section 65595, and if not, shall submit to the department a copy of the water efficient landscape ordinance adopted by the local agency, and a copy of the local agency’s findings and evidence in the record that its water efficient landscape ordinance is at least as effective in conserving water as the department’s updated model ordinance. Not later than January 31, 2011, the department shall, to the extent funds are appropriated, prepare and submit a report to the Legislature summarizing the status of water efficient landscape ordinances adopted by local agencies.
(Repealed and added by Stats. 2006, Ch. 559, Sec. 3. Effective January 1, 2007.)
2023 California Code › Government Code - GOV › TITLE 7 - PLANNING AND LAND USE › DIVISION 1 - PLANNING AND ZONING › CHAPTER 3 - Local Planning › ARTICLE 10.8 - Water Conservation in Landscaping › Section 65598.

65598. Any model ordinance adopted pursuant to this article shall exempt cemeteries from all provisions of the ordinance except those set forth in subdivisions (h), (k), and (l) of Section 65596. In adopting language specific to cemeteries, the department shall recognize the special landscape management needs of cemeteries.
(Repealed and added by Stats. 2006, Ch. 559, Sec. 3. Effective January 1, 2007.)
2023 California Code › Government Code - GOV › TITLE 7 - PLANNING AND LAND USE › DIVISION 1 - PLANNING AND ZONING › CHAPTER 3 - Local Planning › ARTICLE 10.8 - Water Conservation in Landscaping › Section 65599.

65599. Any actions or proceedings to attach, review, set aside, void, or annul the act, decision, or findings of a local agency on the ground of noncompliance with this article shall be brought pursuant to Section 1085 of the Code of Civil Procedure.
(Repealed and added by Stats. 2006, Ch. 559, Sec. 3. Effective January 1, 2007.)
2023 California Code › Government Code - GOV › TITLE 7 - PLANNING AND LAND USE › DIVISION 1 - PLANNING AND ZONING › CHAPTER 3 - Local Planning › ARTICLE 10.9 - Water Recycling in Landscaping Act › Section 65601.

65601. This article shall be known and may be cited as the Water Recycling in Landscaping Act.
(Added by Stats. 2000, Ch. 510, Sec. 1. Effective January 1, 2001.)
2023 California Code › Government Code - GOV › TITLE 7 - PLANNING AND LAND USE › DIVISION 1 - PLANNING AND ZONING › CHAPTER 3 - Local Planning › ARTICLE 10.9 - Water Recycling in Landscaping Act › Section 65602.

65602. The Legislature finds and declares all of the following:
(a) The waters of the state are of limited supply and are subject to ever-increasing demands.
(b) The continuation of California’s economic prosperity is dependent on adequate supplies of water being available for future uses.
(c) It is the policy of the state to promote the efficient use of water through the development of water recycling facilities.
(d) Landscape design, installation, and maintenance can and should be water efficient.
(e) The use of potable domestic water for landscaped areas is considered a waste or unreasonable use of water within the meaning of Section 2 of Article X of the California Constitution if recycled water is available that meets the conditions described in Section 13550 of the Water Code.
(Added by Stats. 2000, Ch. 510, Sec. 1. Effective January 1, 2001.)
2023 California Code › Government Code - GOV › TITLE 7 - PLANNING AND LAND USE › DIVISION 1 - PLANNING AND ZONING › CHAPTER 3 - Local Planning › ARTICLE 10.9 - Water Recycling in Landscaping Act › Section 65603.

65603. Unless the context requires otherwise, the definitions used in this section govern the construction of this article:
(a) “Designated recycled water use area” means areas within the boundaries of the local agency that can or may in the future be served with recycled water in lieu of potable water and are so designated by the local agency.
(b) “Local agency” means any city, county, or city and county.
(c) “Recycled water producer” means any local public or private entity that produces recycled water in accordance with the conditions described in Section 13550 of the Water Code.
(Added by Stats. 2000, Ch. 510, Sec. 1. Effective January 1, 2001.)
2023 California Code › Government Code - GOV › TITLE 7 - PLANNING AND LAND USE › DIVISION 1 - PLANNING AND ZONING › CHAPTER 3 - Local Planning › ARTICLE 10.9 - Water Recycling in Landscaping Act › Section 65604.

65604. If a recycled water producer determines that within 10 years the recycled water producer will provide recycled water within the boundaries of a local agency that meets all of the conditions described in Section 13550 of the Water Code, the recycled water producer shall notify the local agency of that fact and shall identify in the notice the area that is eligible to receive the recycled water, and the necessary infrastructure that the recycled water producer or retail water supplier will provide to support delivery of the recycled water.
(Added by Stats. 2000, Ch. 510, Sec. 1. Effective January 1, 2001.)
2023 California Code › Government Code - GOV › TITLE 7 - PLANNING AND LAND USE › DIVISION 1 - PLANNING AND ZONING › CHAPTER 3 - Local Planning › ARTICLE 10.9 - Water Recycling in Landscaping Act › Section 65605.

65605. (a) Within 180 days of receipt of notification from a recycled water producer pursuant to Section 65604, the local agency shall adopt and enforce a recycled water ordinance pursuant to this article.
(b) The ordinance shall include, but not be limited to, provisions that do all of the following:
(1) State that it is the policy of the local agency that recycled water determined to be available pursuant to Section 13550 of the Water Code shall be used for nonpotable uses within the designated recycled water use area set forth by the local agency when the local agency determines that there is not an alternative higher or better use for the recycled water, its use is economically justified, and its use is financially and technically feasible for projects under consideration by the local agency.
(2) Designate the areas within the boundaries of the local agency that can or may in the future use recycled water, including, but not limited to, existing urban areas in lieu of potable water.
(3) Establish general rules and regulations governing the use and distribution of recycled water in accordance with applicable laws and regulations.
(4) Establish that the use of the recycled water is determined to be available pursuant to Section 13550 of the Water Code in new industrial, commercial, or residential subdivisions located within the designated recycled water use areas for which a tentative map or parcel map is required pursuant to Section 66426. These provisions shall require a separate plumbing system to serve nonpotable uses in the common areas of the subdivision, including, but not limited to, golf courses, parks, greenbelts, landscaped streets, and landscaped medians. The separate plumbing system to serve nonpotable uses shall be independent of the plumbing system provided to serve domestic, residential, and other potable water uses in the subdivision.
(5) Require that recycled water service shall not commence within the designated recycled water use area in any service area of a private utility, as defined in Section 1502 of the Public Utilities Code, or to any service area of a public agency retail water supplier that is not a local agency, as defined in subdivision (b) of Section 65603, except in accordance with a written agreement between the recycled water producer and the private utility or public agency retail water supplier that shall be made available in a timely manner by the recycled water producer to the local agency adopting the ordinance pursuant to this article.
(Added by Stats. 2000, Ch. 510, Sec. 1. Effective January 1, 2001.)
2023 California Code › Government Code - GOV › TITLE 7 - PLANNING AND LAND USE › DIVISION 1 - PLANNING AND ZONING › CHAPTER 3 - Local Planning › ARTICLE 10.9 - Water Recycling in Landscaping Act › Section 65606.

65606. The recycled water ordinance adopted by a local agency pursuant to Section 65605 shall not apply to either of the following:
(a) A tentative map as defined in Section 66424.5, or a development, as defined in Section 65927, that was approved by the local agency prior to the receipt of notification from a recycled water producer pursuant to Section 65604.
(b) A subdivision map application that is deemed complete pursuant to Section 65943 prior to the local agency’s receipt of a notice from a recycled water producer pursuant to Section 65604.
(Added by Stats. 2000, Ch. 510, Sec. 1. Effective January 1, 2001.)
2023 California Code › Government Code - GOV › TITLE 7 - PLANNING AND LAND USE › DIVISION 1 - PLANNING AND ZONING › CHAPTER 3 - Local Planning › ARTICLE 10.9 - Water Recycling in Landscaping Act › Section 65607.

65607. (a) This article shall not apply to any local agency that adopted a recycled water ordinance or other regulation requiring the use of recycled water in its jurisdiction prior to January 1, 2001.
(b) This article does not alter any rights, remedies, or obligations that may exist pursuant to Chapter 7 (commencing with Section 13500) of Division 7 of the Water Code.
(c) This article does not alter any rights, remedies, or obligations that may exist pursuant to Chapter 8.5 (commencing with Section 1501) of Part 1 of Division 1 of the Public Utilities Code.
(Added by Stats. 2000, Ch. 510, Sec. 1. Effective January 1, 2001.)
2023 California Code › Government Code - GOV › TITLE 7 - PLANNING AND LAND USE › DIVISION 1 - PLANNING AND ZONING › CHAPTER 3 - Local Planning › ARTICLE 10.10 - Workforce Housing Opportunity Zone › Section 65620.

65620. For purposes of this article, the following terms shall have the following meanings:
(a) “Housing development” or “development” means new or substantially rehabilitated residential dwelling units constructed within a Workforce Housing Opportunity Zone. A residential project may include commercial development limited to the first floor of the structure and occupying not more than 50 percent of the square foot area of the structure in which it is located. Development within a zone shall be consistent with the general use designation, density, building intensity, and applicable policies specified for the area in either a sustainable communities strategy or an alternative planning strategy, for which the State Air Resources Board, pursuant to subparagraph (H) of paragraph (2) of subdivision (b) of Section 65080, has accepted a metropolitan planning organization’s determination that the sustainable communities strategy or the alternative planning strategy would, if implemented, achieve the greenhouse gas emission reduction targets.
(b) “Local government” means a city, county, or city and county, whether chartered or general.
(c) “Workforce Housing Opportunity Zone” or “zone” means an area of contiguous or noncontiguous parcels identified on a city or county’s inventory of land suitable for residential development pursuant to paragraph (3) of subdivision (a) of Section 65583 established pursuant to Section 65621.
(Added by Stats. 2017, Ch. 369, Sec. 2. (SB 540) Effective January 1, 2018.)
2023 California Code › Government Code - GOV › TITLE 7 - PLANNING AND LAND USE › DIVISION 1 - PLANNING AND ZONING › CHAPTER 3 - Local Planning › ARTICLE 10.10 - Workforce Housing Opportunity Zone › Section 65622.

65622. (a) Before a date that is no later than five years from the date the local government has adopted the specified plan, the local government shall complete the analysis required by Section 21166 of the Public Resources Code and shall consider whether any amendments are required to the specific plan for the zone. The local government shall amend the specific plan to take into account new information about a physical condition on a parcel within the zone that affects the development capacity of the parcel pursuant to the specific plan.
(b) The local government shall hold a public hearing noticed in accordance with the requirements of Section 65091 to consider amendments and readoption of the specific plan. The amendment or readoption of the specific plan shall begin a new five-year period for purposes of Section 65623.
(Added by Stats. 2017, Ch. 369, Sec. 2. (SB 540) Effective January 1, 2018.)
2023 California Code › Government Code - GOV › TITLE 7 - PLANNING AND LAND USE › DIVISION 1 - PLANNING AND ZONING › CHAPTER 3 - Local Planning › ARTICLE 10.10 - Workforce Housing Opportunity Zone › Section 65624.

65624. (a) A local government may submit an application to the Department of Housing and Community Development for a grant or no-interest loan, or both, to support the local government’s efforts to develop a specific plan and accompanying environmental impact report within a Workforce Housing Opportunity Zone established pursuant to this article. Upon appropriation by the Legislature, moneys shall be disbursed from the Treasurer to the Department of Housing and Community Development for the purpose of issuing grants or loans, or both, pursuant to this subdivision.
(b) The Department of Housing and Community Development may adopt, amend, or repeal guidelines, that shall include public comment, to implement the grant or loan program authorized by this article. The guidelines shall not be subject to the requirements of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).
(c) A local government shall explain as part of its application, to the satisfaction of the Department of Housing and Community Development, the source of funding that will be used to repay a loan. A local government may include as one source of funding a fee imposed on a developer within the zone as provided in subdivision (e) of Section 65621.
(Amended by Stats. 2018, Ch. 92, Sec. 117. (SB 1289) Effective January 1, 2019.)
2023 California Code › Government Code - GOV › TITLE 7 - PLANNING AND LAND USE › DIVISION 1 - PLANNING AND ZONING › CHAPTER 3 - Local Planning › ARTICLE 10.10 - Workforce Housing Opportunity Zone › Section 65625.

65625. A local government shall include within its annual report provided pursuant to Section 65400 the number of housing units approved within a zone that comply with the criteria in subdivision (c) of Section 65623 during the previous fiscal year.
(Added by Stats. 2017, Ch. 369, Sec. 2. (SB 540) Effective January 1, 2018.)
2023 California Code › Government Code - GOV › TITLE 7 - PLANNING AND LAND USE › DIVISION 1 - PLANNING AND ZONING › CHAPTER 3 - Local Planning › ARTICLE 11 - Supportive Housing › Section 65650.

65650. For purposes of this article, the following definitions shall apply:
(a) “Supportive housing” shall have the same meaning as defined in Section 50675.14 of the Health and Safety Code.
(b) “Supportive services” shall have the same meaning as defined in Section 65582.
(c) “Target population” shall have the same meaning as defined in Section 50675.14 of the Health and Safety Code.
(d) “Use by right” shall have the same meaning as defined in subdivision (i) of Section 65583.2.
(Added by Stats. 2018, Ch. 753, Sec. 3. (AB 2162) Effective January 1, 2019.)
2023 California Code › Government Code - GOV › TITLE 7 - PLANNING AND LAND USE › DIVISION 1 - PLANNING AND ZONING › CHAPTER 3 - Local Planning › ARTICLE 11 - Supportive Housing › Section 65652.

65652. A developer of supportive housing subject to this article shall provide the planning agency with a plan for providing supportive services, with documentation demonstrating that supportive services will be provided onsite to residents in the project, as required by Section 65651, and describing those services, which shall include all of the following:
(a) The name of the proposed entity or entities that will provide supportive services.
(b) The proposed funding source or sources for the provided onsite supportive services.
(c) Proposed staffing levels.
(Added by Stats. 2018, Ch. 753, Sec. 3. (AB 2162) Effective January 1, 2019.)
2023 California Code › Government Code - GOV › TITLE 7 - PLANNING AND LAND USE › DIVISION 1 - PLANNING AND ZONING › CHAPTER 3 - Local Planning › ARTICLE 11 - Supportive Housing › Section 65653.

65653. (a) The local government shall approve a supportive housing development that complies with the applicable requirements of this article.
(b) The local government shall notify the developer whether the application is complete within 30 days of receipt of an application to develop supportive housing in accordance with this article. The local government shall complete its review of the application within 60 days after the application is complete for a project with 50 or fewer units, or within 120 days after the application is complete for a project with more than 50 units.
(Added by Stats. 2018, Ch. 753, Sec. 3. (AB 2162) Effective January 1, 2019.)
2023 California Code › Government Code - GOV › TITLE 7 - PLANNING AND LAND USE › DIVISION 1 - PLANNING AND ZONING › CHAPTER 3 - Local Planning › ARTICLE 11 - Supportive Housing › Section 65654.

65654. If the supportive housing development is located within one-half mile of a public transit stop, the local government shall not impose any minimum parking requirements for the units occupied by supportive housing residents.
(Added by Stats. 2018, Ch. 753, Sec. 3. (AB 2162) Effective January 1, 2019.)
2023 California Code › Government Code - GOV › TITLE 7 - PLANNING AND LAND USE › DIVISION 1 - PLANNING AND ZONING › CHAPTER 3 - Local Planning › ARTICLE 11 - Supportive Housing › Section 65655.

65655. This article shall not be construed to do either of the following:
(a) Preclude or limit the ability of a developer to seek a density bonus, including any concessions, incentives, or waivers of development standards, from the local government pursuant to Section 65915 or any other local program that offers additional density or other development bonuses when affordable housing is provided.
(b) Expand or contract the authority of a local government to adopt or amend an ordinance, charter, general plan, specific plan, resolution, or other land use policy or regulation that promotes the development of supportive housing.
(Amended by Stats. 2020, Ch. 165, Sec. 6. (SB 1030) Effective September 25, 2020.)
2023 California Code › Government Code - GOV › TITLE 7 - PLANNING AND LAND USE › DIVISION 1 - PLANNING AND ZONING › CHAPTER 3 - Local Planning › ARTICLE 11 - Supportive Housing › Section 65656.

65656. The Legislature finds and declares that, by adoption of Proposition 2 at the November 6, 2018, statewide general election, the voters expressly approved of the development of permanent supportive housing pursuant to the No Place Like Home Program (Part 3.9 (commencing with Section 5849.1) of Division 5 of the Welfare and Institutions Code). The Legislature further finds and declares that the provision of adequate supportive housing to help alleviate the severe shortage of housing opportunities for people experiencing homelessness in this state and of necessary services to the target population described in Section 50675.14 of the Health and Safety Code, and that ensuring the development of permanent supportive housing in accordance with programs such as the No Place Like Home Program (Part 3.9 (commencing with Section 5849.1) of Division 5 of the Welfare and Institutions Code) by removing zoning barriers that would otherwise inhibit that development, are matters of statewide concern and are not municipal affairs as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this article applies to all cities, including charter cities.
(Amended by Stats. 2019, Ch. 346, Sec. 4. (SB 744) Effective January 1, 2020.)
2023 California Code › Government Code - GOV › TITLE 7 - PLANNING AND LAND USE › DIVISION 1 - PLANNING AND ZONING › CHAPTER 3 - Local Planning › ARTICLE 12 - Low Barrier Navigation Centers › Section 65660.

65660. For purposes of this article:
(a) “Low Barrier Navigation Center” means a Housing First, low-barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing. “Low Barrier” means best practices to reduce barriers to entry, and may include, but is not limited to, the following:
(1) The presence of partners if it is not a population-specific site, such as for survivors of domestic violence or sexual assault, women, or youth.
(2) Pets.
(3) The storage of possessions.
(4) Privacy, such as partitions around beds in a dormitory setting or in larger rooms containing more than two beds, or private rooms.
(b) “Use by right” has the meaning defined in subdivision (i) of Section 65583.2. Division 13 (commencing with Section 21000) of the Public Resources Code shall not apply to actions taken by a public agency to lease, convey, or encumber land owned by a public agency, or to facilitate the lease, conveyance, or encumbrance of land owned by a public agency, or to provide financial assistance to, or otherwise approve, a Low Barrier Navigation Center constructed or allowed by this section.
(Added by Stats. 2019, Ch. 159, Sec. 7. (AB 101) Effective July 31, 2019. Repealed as of January 1, 2027, pursuant to Section 65668.)
2023 California Code › Government Code - GOV › TITLE 7 - PLANNING AND LAND USE › DIVISION 1 - PLANNING AND ZONING › CHAPTER 3 - Local Planning › ARTICLE 12 - Low Barrier Navigation Centers › Section 65662.

65662. A Low Barrier Navigation Center development is a use by right in areas zoned for mixed use and nonresidential zones permitting multifamily uses, if it meets the requirements of this article. A local jurisdiction shall permit a Low Barrier Navigation Center development provided that it meets the following requirements:
(a) It offers services to connect people to permanent housing through a services plan that identifies services staffing.
(b) It is linked to a coordinated entry system, so that staff in the interim facility or staff who colocate in the facility may conduct assessments and provide services to connect people to permanent housing. “Coordinated entry system” means a centralized or coordinated assessment system developed pursuant to Section 576.400(d) or Section 578.7(a)(8), as applicable, of Title 24 of the Code of Federal Regulations, as those sections read on January 1, 2020, and any related requirements, designed to coordinate program participant intake, assessment, and referrals.
(c) It complies with Chapter 6.5 (commencing with Section 8255) of Division 8 of the Welfare and Institutions Code.
(d) It has a system for entering information regarding client stays, client demographics, client income, and exit destination through the local Homeless Management Information System as defined by Section 578.3 of Title 24 of the Code of Federal Regulations.
(Added by Stats. 2019, Ch. 159, Sec. 7. (AB 101) Effective July 31, 2019. Repealed as of January 1, 2027, pursuant to Section 65668.)
2023 California Code › Government Code - GOV › TITLE 7 - PLANNING AND LAND USE › DIVISION 1 - PLANNING AND ZONING › CHAPTER 3 - Local Planning › ARTICLE 12 - Low Barrier Navigation Centers › Section 65664.

65664. Within 30 days of receipt of an application for a Low Barrier Navigation Center development, the local jurisdiction shall notify a developer whether the developer’s application is complete pursuant to Section 65943. Within 60 days of receipt of a completed application for a Low Barrier Navigation Center development, the local jurisdiction shall act upon its review of the application.
(Added by Stats. 2019, Ch. 159, Sec. 7. (AB 101) Effective July 31, 2019. Repealed as of January 1, 2027, pursuant to Section 65668.)
2023 California Code › Government Code - GOV › TITLE 7 - PLANNING AND LAND USE › DIVISION 1 - PLANNING AND ZONING › CHAPTER 3 - Local Planning › ARTICLE 12 - Low Barrier Navigation Centers › Section 65666.

65666. The Legislature finds and declares that Low Barrier Navigation Center developments are essential tools for alleviating the homelessness crisis in this state and are 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. Therefore, this article shall apply to all cities, including charter cities.
(Added by Stats. 2019, Ch. 159, Sec. 7. (AB 101) Effective July 31, 2019. Repealed as of January 1, 2027, pursuant to Section 65668.)
2023 California Code › Government Code - GOV › TITLE 7 - PLANNING AND LAND USE › DIVISION 1 - PLANNING AND ZONING › CHAPTER 3 - Local Planning › ARTICLE 12 - Low Barrier Navigation Centers › Section 65668.

65668. This article shall remain in effect only until January 1, 2027, and as of that date is repealed.
(Added by Stats. 2019, Ch. 159, Sec. 7. (AB 101) Effective July 31, 2019. Repealed as of Januaury 1, 2027, by its own provisions. Note: Repeal affects Article 12 commencing with Section 65660.)
2023 California Code › Government Code - GOV › TITLE 7 - PLANNING AND LAND USE › DIVISION 1 - PLANNING AND ZONING › CHAPTER 3 - Local Planning › ARTICLE 13 - Applicability of Chapter › Section 65700.

65700. (a) This chapter shall not apply to a charter city, except to the extent that the same may be adopted by charter or ordinance of the city and except that charter cities shall adopt general plans in any case. General plans of a charter city shall be adopted by resolution of the legislative body of the city, or the planning commission if the charter so provides. These general plans shall contain the mandatory elements required by Article 5 (commencing with Section 65300) of Chapter 3 of this title.
(b) Notwithstanding subdivision (a), paragraph (2) of subdivision (a) of Section 65400, Sections 65300.5, 65301.5, 65359, 65450, 65454, 65455, 65460.8, 65590, and 65590.1, and Article 10.6 (commencing with Section 65580) shall be applicable to charter cities.
(Amended by Stats. 2018, Ch. 856, Sec. 3. (SB 1333) Effective January 1, 2019.)
2023 California Code › Government Code - GOV › TITLE 7 - PLANNING AND LAND USE › DIVISION 1 - PLANNING AND ZONING › CHAPTER 3 - Local Planning › ARTICLE 13 - Applicability of Chapter › Section 65701.

65701. Notwithstanding any other provision of law, the City of Industry’s approval of, and decisions regarding, the development, planning, design, location, site acquisition, financing, leasing, construction, operation, and maintenance of a stadium complex and associated development included in the same project or approval, for which an application for that stadium complex and associated development was submitted on or before January 31, 2009, to the City of Industry, and any accessory improvements to that stadium complex and associated development, including, but not limited to, roadways and utilities that serve the stadium complex or associated development, are exempt from any legal requirement concerning the content of a general plan or consistency with a general plan, and those requirements shall not result in the invalidation of those approvals and decisions. Notwithstanding any other provision of law, a consistency determination is not required by the City of Industry for any decision with respect to the development, planning, design, location, site acquisition, financing, leasing, construction, operation, or maintenance of a stadium complex and associated development included in the same project or approval, for which an application for that stadium complex and associated development was submitted on or before January 31, 2009, to the City of Industry, and any accessory improvements to that stadium complex and associated development, including, but not limited to, roadways and utilities that serve the stadium complex or associated development.
(Added by Stats. 2009, 3rd Ex. Sess., Ch. 30, Sec. 2. (AB 81 3x) Effective January 25, 2010.)
2023 California Code › Government Code - GOV › TITLE 7 - PLANNING AND LAND USE › DIVISION 1 - PLANNING AND ZONING › CHAPTER 3 - Local Planning › ARTICLE 14 - Actions or Proceedings › Section 65750.

65750. As used in this article, unless the context requires otherwise:
(a) “Petition” includes any form of pleading brought pursuant to Section 65751, whether it is a petition, complaint, cross-complaint, complaint in intervention, or any other form.
(b) “Petitioner” includes a petitioner, plaintiff, cross-complainant, or intervenor who files an action of any kind pursuant to Section 65751.
(Repealed and added by Stats. 1984, Ch. 1039, Sec. 2.)
2023 California Code › Government Code - GOV › TITLE 7 - PLANNING AND LAND USE › DIVISION 1 - PLANNING AND ZONING › CHAPTER 3 - Local Planning › ARTICLE 14 - Actions or Proceedings › Section 65751.

65751. Any action to challenge a general plan or any element thereof on the grounds that such plan or element does not substantially comply with the requirements of 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, Sec. 3.)
2023 California Code › Government Code - GOV › TITLE 7 - PLANNING AND LAND USE › DIVISION 1 - PLANNING AND ZONING › CHAPTER 3 - Local Planning › ARTICLE 14 - Actions or Proceedings › Section 65752.

65752. All actions brought pursuant to Section 65751, including the hearing of any such action on appeal from the decision of a lower court, shall be given preference 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, Sec. 2.)
2023 California Code › Government Code - GOV › TITLE 7 - PLANNING AND LAND USE › DIVISION 1 - PLANNING AND ZONING › CHAPTER 3 - Local Planning › ARTICLE 14 - Actions or Proceedings › Section 65753.

65753. (a) The petitioner shall request a hearing or trial on the alternative writ or peremptory writ of mandate, and any other party may request a hearing or trial, 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 court’s own motion.
(b) Within 30 days of the filing of the request for a hearing or trial pursuant to subdivision (a), the court shall set a date for a hearing or trial on the action or part of an action brought pursuant to Section 65751. The hearing or trial shall be set to be heard at the earliest possible date that the business of the court permits, but not more than 120 days after the filing of a request for hearing under this section. The court may continue for a reasonable time the date of the hearing or trial upon written motion and a finding of good cause. However, if the court grants a continuance to a respondent, it shall, upon the written motion of the petitioner and upon the petitioner meeting the requirements of Section 65757, grant the relief provided in Section 65757 as temporary relief but shall not enjoin any housing developments which comply with applicable provisions of law and which may be developed without having an impact on the ability of the city, county, or city and county to properly adopt and implement an adequate housing element.
(Amended by Stats. 1984, Ch. 1039, Sec. 4.)
2023 California Code › Government Code - GOV › TITLE 7 - PLANNING AND LAND USE › DIVISION 1 - PLANNING AND ZONING › CHAPTER 3 - Local Planning › ARTICLE 14 - Actions or Proceedings › Section 65754.

65754. In any action brought to challenge the validity of the general plan of any city, county, or city and county, or any mandatory element thereof, if the court, in a final judgment in favor of the plaintiff or petitioner, finds that the general plan or any mandatory element of the general plan does not substantially comply with the requirements of Article 5 (commencing with Section 65300):
(a) The city, county, or city and county shall bring its general plan or relevant mandatory element or elements thereof into compliance with the requirements of Article 5 (commencing with Section 65300) within 120 days.
Notwithstanding the provisions of subdivision (b) of Section 65585, the planning agency of the city, county, or city and county shall submit a draft of its revised housing element or housing element amendment at least 45 days prior to its adoption to the Department of Housing and Community Development for its review, notifying the department that the element is subject to the review procedure set forth in this section.
The department shall review the draft element or amendment and report its findings to the planning agency within 45 days of receipt of the draft. The legislative body shall consider the department’s findings prior to final adoption of the housing element or amendment if the department’s findings are reported to the planning agency within 45 days after the department receives that draft element or amendment.
(b) The city or county, including the chartered cities specified in subdivision (d) of Section 65860, shall, in accordance with Section 65860, bring its zoning ordinance into consistency with its general plan or relevant mandatory element or elements thereof within 120 days after the general plan has been amended in accordance with subdivision (a).
(Amended by Stats. 1984, Ch. 1039, Sec. 5.)
2023 California Code › Government Code - GOV › TITLE 7 - PLANNING AND LAND USE › DIVISION 1 - PLANNING AND ZONING › CHAPTER 3 - Local Planning › ARTICLE 14 - Actions or Proceedings › Section 65754.5.

65754.5. (a) During the pendency of any action described in Section 65754, or when issuing a final judgment in favor of the plaintiff or petitioner finding that the general plan or any element thereof does not conform to the requirements of Article 5 (commencing with Section 65300), the court shall not enjoin the development of any housing development with respect to which all of the following conditions are met:
(1) The legislative body of the city, county, or city and county has approved a development project, as defined by Section 65928, for housing or a specific plan for the housing development and determined the development project for housing or the specific plan to be consistent with the general plan of the city, county, or city and county.
(2) The legislative body of the city, county, or city and county has certified an environmental impact report or a negative declaration for the development project for housing or for the specific plan for housing pursuant to the California Environmental Quality Act, Division 13 (commencing with Section 21000) of the Public Resources Code, and no legal action was brought within the applicable statute of limitations period relating to that environmental impact report or negative declaration.
(3) The owner of the land upon which the housing is proposed to be developed, in satisfaction of any requirements imposed and in reliance upon any action taken by the city, county, or city and county pursuant to paragraphs (1) and (2), has irrevocably committed one million dollars ($1,000,000), or more, for public infrastructure, including, but not limited to, roads, and water and sewer facilities.
(4) The proposed housing development may be developed without having an impact upon the city, county, or city and county’s ability to implement an adequate housing element or to properly adopt an adequate housing element if the court determines, in the pending action, that the general plan or plan element is inadequate. The court shall apply the provisions of Section 65760 to determine whether a housing development will have an impact on the ability of the city, county, or city and county to properly adopt and implement an adequate housing element.
(b) The provisions of this section shall be applicable to any legal action pending on January 1, 1984, and to every action commenced on or after that date.
(c) This section shall not be construed to preclude a public agency from exercising discretion, in a manner authorized by any other provision of law, to alter plans, zoning, or subsequent development approvals applicable to those lands, or from enacting and enforcing further regulations upon their use.
(Added by Stats. 1983, Ch. 911, Sec. 2.)
2023 California Code › Government Code - GOV › TITLE 7 - PLANNING AND LAND USE › DIVISION 1 - PLANNING AND ZONING › CHAPTER 3 - Local Planning › ARTICLE 14 - Actions or Proceedings › Section 65756.

65756. If the court orders a reference of any action brought pursuant to this article or pursuant to any provision of law which grants a court the authority to appoint expert witnesses, monitors, masters, or other third party judicial assistants used in complex litigation, the referee, monitor, master, or third party judicial assistant so appointed shall report their findings to the court within not more than 90 days following that reference.
(Amended by Stats. 1984, Ch. 1039, Sec. 7.)
2023 California Code › Government Code - GOV › TITLE 7 - PLANNING AND LAND USE › DIVISION 1 - PLANNING AND ZONING › CHAPTER 3 - Local Planning › ARTICLE 14 - Actions or Proceedings › Section 65757.

65757. During the pendency of any action described in Section 65754, the court may, upon a showing of probable success on the merits, grant the relief provided in Section 65755 as temporary relief. In any order granting temporary relief, the court shall not enjoin during the pendency of the action any housing developments which comply with applicable provisions of law and which may be developed without having an impact on the ability of the city, county, or city and county to properly adopt and implement an adequate housing element. Any housing developments permitted to proceed during the pendency of the action shall not be subject to the restrictions specified in subdivision (a) or (b) of Section 65754 as part of any final judgment.
(Added by Stats. 1982, Ch. 27, Sec. 2.)