AB 325, as introduced, Alejo. Land use and planning: cause of actions: time limitations.
(1) The Planning and Zoning Law requires an action or proceeding against local zoning and planning decisions of a legislative body to be commenced and the legislative body to be served within a year of accrual of the cause of action, if it meets certain requirements. Where the action or proceeding is brought in support of or to encourage or facilitate the development of housing that would increase the community’s supply of affordable housing, a cause of action accrues 60 days after notice is filed or the legislative body takes a final action in response to the notice, whichever occurs first.
This bill would authorize the notice to be filed any time within 3 years after a specified action pursuant to existing law. The bill would declare the intent of the Legislature that its provisions modify a specified court opinion. The bill would also provide that in that specified action or proceeding, no remedy pursuant to specified provisions of law abrogate, impair, or otherwise interfere with the full exercise of the rights and protections granted to a tentative map application or a developer, as prescribed.
(2) The Planning and Zoning Law establishes a rebuttable presumption, in any action filed on or after January 1, 1991, taken to challenge the validity of a housing element, of the validity of a housing element or amendment if the Department of Housing and Community Development has found that the element or amendment substantially complies with specified provisions of existing law.
This bill would provide in any action brought against a city, county, or city and county to challenge the adequacy of a housing element, if a court finds that the adopted housing element or amended housing element for the current planning period substantially complies with specified provisions, that the element or amendment be deemed to satisfy any condition of a state-administered housing grant program requiring a department finding of housing element compliance.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
It is the intent of the Legislature in enacting
2Section 2 of this act to modify the court’s opinion in Urban Habitat
3Program v. City of Pleasanton (2008) 164 Cal.App.4th 1561, with
4respect to the interpretation of Section 65009 of the Government
Section 65009 of the Government Code is amended
(a) (1) The Legislature finds and declares that there
9currently is a housing crisis in California and it is essential to
10reduce delays and restraints upon expeditiously completing housing
12(2) The Legislature further finds and declares that a legal action
13or proceeding challenging a decision of a city, county, or city and
14county has a chilling effect on the confidence with which property
15owners and local governments can proceed with projects. Legal
16actions or proceedings filed to attack, review, set aside, void, or
17annul a decision of a city, county, or city and county pursuant to
18this division, including, but not limited to, the implementation of
19 general plan goals and policies that provide incentives for
20affordable housing, open-space and recreational opportunities, and
21other related public benefits, can prevent the completion of needed
22developments even though the projects have received required
P3 1(3) The purpose of this section is to provide certainty for
2property owners and local governments regarding decisions made
3pursuant to this division.
4(b) (1) In an action or proceeding to attack, review, set aside,
5void, or annul a finding, determination, or decision of a public
6agency made pursuant to this title at a properly noticed public
7hearing, the issues raised shall be limited to those raised in the
8public hearing or in written correspondence delivered to the public
9agency prior to, or at, the public hearing, except where the court
10finds either of the following:
11(A) The issue could not have been raised at the public hearing
12by persons exercising reasonable diligence.
13(B) The body conducting the public hearing prevented the issue
14from being raised at the public hearing.
15(2) If a public agency desires the provisions of this subdivision
16to apply to a matter, it shall include in any public notice issued
17pursuant to this title a notice substantially stating all of the
18following: “If you challenge the (nature of the proposed action)
19in court, you may be limited to raising only those issues you or
20someone else raised at the public hearing described in this notice,
21or in written correspondence delivered to the (public entity
22conducting the hearing) at, or prior to, the public hearing.”
23(3) The application of this
subdivision to causes of action
24brought pursuant to subdivision (d) applies only to the final action
25taken in response to the notice to the city or clerk of the board of
26supervisors. If no final action is taken, then the issue raised in the
27cause of action brought pursuant to subdivision (d) shall be limited
28to those matters presented at a properly noticed public hearing or
29to those matters specified in the notice given to the city or clerk
30of the board of supervisors pursuant to subdivision (d), or both.
31(c) (1) Except as provided in subdivision (d), no action or
32proceeding shall be maintained in any of the following cases by
33any person unless the action or proceeding is commenced and
34service is made on the legislative body within 90 days after the
35legislative body’s decision:
36(A) To attack, review, set aside, void, or annul the decision of
37a legislative body to adopt or amend a general or specific plan.
38This paragraph does not apply where an action is brought based
39upon the complete absence of a general plan or a mandatory
P4 1element thereof, but does apply to an action attacking a general
2plan or mandatory element thereof on the basis that it is inadequate.
3(B) To attack, review, set aside, void, or annul the decision of
4a legislative body to adopt or amend a zoning ordinance.
5(C) To determine the reasonableness, legality, or validity of any
6decision to adopt or amend any regulation attached to a specific
8(D) To attack, review, set aside, void, or annul the decision of
9a legislative body to adopt, amend, or modify a development
10agreement. An action or proceeding to attack, review, set aside,
11void, or annul the decisions of a legislative body to adopt, amend,
12or modify a development agreement shall only extend to the
13specific portion of the development agreement that is the subject
14of the adoption, amendment, or modification. This paragraph
15applies to development agreements, amendments, and
16modifications adopted on or after January 1, 1996.
17(E) To attack, review, set aside, void, or annul any decision on
18the matters listed in Sections 65901 and 65903, or to determine
19the reasonableness, legality, or validity of any condition attached
20to a variance, conditional use permit, or any other permit.
21(F) Concerning any of the proceedings, acts, or determinations
22taken, done, or made prior to any of the decisions listed in
23subparagraphs (A), (B), (C), (D), and (E).
24(2) In the case of an action or proceeding challenging the
25adoption or revision of a housing element pursuant to this
26 subdivision, the action or proceeding may, in addition, be
27maintained if it is commenced and service is made on the
28legislative body within 60 days following the date that the
29Department of Housing and Community Development reports its
30findings pursuant to subdivision (h) of Section 65585.
31(d) An action or proceeding shall be commenced and the
32legislative body served within one year after the accrual of the
33cause of action as provided in this
begin delete subdivision,end delete if the
34action or proceeding meets both of the following requirements:
35 (1)end delete
36 It is brought in support of or to encourage or facilitate the
37development of housing that would increase the community’s
38supply of housing affordable to persons and families with low or
39moderate incomes, as defined in Section 50079.5 of the Health
40and Safety Code, or with very low incomes, as defined in Section
P5 150105 of the Health and Safety Code, or middle-income
2households, as defined in Section 65008 of this code. This
3subdivision is not intended to require that the action or proceeding
4be brought in support of or to encourage or facilitate a specific
5housing development project.
6 (2)end delete
7 It is brought with respect to actions taken pursuant to Article
810.6 (commencing with Section 65580) of Chapter
begin delete 3 of this Section
9division, pursuant toend delete
begin delete 65589.5,end delete 65863.6, begin delete 65915,end delete or
begin delete 66474.2 or pursuant toend delete Chapter 4.2 (commencing with Section
begin delete 65913).end delete
14 cause of action brought pursuant to this subdivision shall
15not be maintained until 60 days have expired following notice to
16the city or clerk of the board of supervisors by the party bringing
17the cause of action, or his or her representative, specifying the
18 deficiencies of the general plan, specific plan, or zoning ordinance.
19A cause of action brought pursuant to this subdivision shall accrue
2060 days after notice is filed or the legislative body takes a final
21action in response to the notice, whichever occurs first. A notice or cause
24of action brought by one party pursuant to this subdivision shall
25not bar filing of a notice and initiation of a cause of action by any
31(e) Upon the expiration of the time limits provided for in this
32section, all persons are barred from any further action or
34(f) Notwithstanding Sections 65700 and 65803, or any other
35provision of law, this section shall apply to charter cities.
36(g) Except as provided in subdivision (d), this section shall not
37affect any law prescribing or authorizing a shorter period of
38limitation than that specified herein.
39(h) Except as provided in paragraph (4) of subdivision (c), this
40section shall be applicable to those decisions of the legislative
P6 1body of a city, county, or city and county made pursuant to this
2division on or after January 1, 1984.
Section 65589.3 of the Government Code is amended
In any action filed on or after January 1, 1991,
6taken to challenge the validity of a housing element, there shall
7be a rebuttable presumption of the validity of the element or
8amendment if, pursuant to Section 65585, the department has found
9that the element or amendment substantially complies with the
10requirements of this article.
Section 65755 of the Government Code is amended
(a) The court shall include, in the order or judgment
25rendered pursuant to Section 65754, one or more of the following
26provisions for any or all types or classes of developments or any
27or all geographic segments of the city, county, or city and county
28until the city, county, or city and county has substantially complied
29with the requirements of Article 5 (commencing with Section
31(1) Suspend the authority of the city, county, or city and county
32pursuant to Division 13 (commencing with Section 17910) of the
33Health and Safety Code, to issue building permits, or any category
34of building permits, and all other related permits, except that the
35city, county, or city and county shall continue to function as an
36enforcement agency for review of permit applications for
37appropriate codes and standards compliance, prior to the issuance
38of building permits and other related permits for residential housing
39for that city, county, or city and county.
P7 1(2) Suspend the authority of the city, county, or city and county,
2pursuant to Chapter 4 (commencing with Section 65800) to grant
3any and all categories of zoning changes, variances, or both.
4(3) Suspend the authority of the city, county, or city and county,
5pursuant to Division 2 (commencing with Section 66410), to grant
6subdivision map approvals for any and all categories of subdivision
8(4) Mandate the approval of all applications for building permits,
9or other related construction permits, for residential housing where
10a final subdivision map, parcel map, or plot plan has been approved
11for the project, where the approval will not impact on the ability
12of the city, county, or city and county to properly adopt and
13implement an adequate housing element, and where the permit
14application conforms to all code requirements and other applicable
15provisions of law except those zoning laws held to be invalid by
16the final court order, and changes to the zoning ordinances adopted
17after such final court order which were enacted for the purpose of
18preventing the construction of a specific residential development.
19(5) Mandate the approval of any or all final subdivision maps
20for residential housing projects which have previously received a
21tentative map approval from the city, county, or city and county
22pursuant to Division 2 (commencing with Section 66410) when
23the final map conforms to the approved tentative map, the tentative
24map has not expired, and where approval will not impact on the
25 ability of the city, county, or city and county to properly adopt and
26implement an adequate housing element.
27(6) Mandate that notwithstanding the provisions of Sections
2866473.5 and 66474, any tentative subdivision map for a residential
29housing project shall be approved if all of the following
30requirements are met:
31(A) The approval of the map will not significantly impair the
32ability of the city, county, or city and county to adopt and
33implement those elements or portions thereof of the general plan
34which have been held to be inadequate.
35(B) The map complies with all of the provisions of Division 2
36(commencing with Section 66410), except those parts which would
37require disapproval of the project due to the inadequacy of the
P8 1(C) The approval
of the map will not affect the ability of the
2city, county, or city and county to adopt and implement an adequate
4(D) The map is consistent with the portions of the general plan
5not found inadequate and the proposed revisions, if applicable, to
6the part of the plan held inadequate.
7(b) Any order or judgment of a court which includes the
8remedies described in paragraphs (1), (2), or (3) of subdivision (a)
9shall exclude from the operation of that order or judgment any
10action, program, or project required by law to be consistent with
11a general or specific plan if the court finds that the approval or
12undertaking of the action, program, or project complies with both
13of the following requirements:
14(1) That it will not significantly impair the ability of the city,
15county, or city and county to adopt or amend all or part of the
16applicable plan as may be necessary to make the plan substantially
17comply with the requirements of Article 5 (commencing with
18Section 65300) in the case of a general plan, or Article 8
19(commencing with Section 65450) in the case of a specific plan.
20(2) That it is consistent with those portions of the plan
21challenged in the action or proceeding and found by the court to
22substantially comply with applicable provisions of law.
23The party seeking exclusion from any order or judgment of a
24court pursuant to this subdivision shall have the burden of showing
25that the action, program, or project complies with paragraphs (1)