AB 325, as amended, 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
begin delete a specifiedend delete action pursuant to begin delete existing lawend delete.
The bill would declare the intent of the Legislature begin delete that its provisionsend delete modify a specified court opinion. The bill would also provide that in begin delete that specifiedend delete 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
P3 1this division, including, but not limited to, the implementation of
2 general plan goals and policies that provide incentives for
3affordable housing, open-space and recreational opportunities, and
4other related public benefits, can prevent the completion of needed
5developments even though the projects have received required
7(3) The purpose of this section is to provide certainty for
8property owners and local governments regarding decisions made
9pursuant to this division.
10(b) (1) In an action or proceeding to attack, review, set aside,
11void, or annul a finding, determination, or decision of a public
12agency made pursuant to this title at a properly noticed public
13hearing, the issues raised shall be limited to those raised in the
14public hearing or in written correspondence delivered to the public
15 agency prior to, or at, the public hearing, except where the court
16finds either of the following:
17(A) The issue could not have been raised at the public hearing
18by persons exercising reasonable diligence.
19(B) The body conducting the public hearing prevented the issue
20from being raised at the public hearing.
21(2) If a public agency desires the provisions of this subdivision
22to apply to a matter, it shall include in any public notice issued
23pursuant to this title a notice substantially stating all of the
24following: “If you challenge the (nature of the proposed action)
25in court, you may be limited to raising only those issues you or
26someone else raised at the public hearing described in this notice,
27or in written correspondence delivered to the (public entity
28conducting the hearing) at, or prior to, the public hearing.”
29(3) The application of this subdivision to causes of action
30brought pursuant to subdivision (d) applies only to the final action
31taken in response to the notice to the city or clerk of the board of
32supervisors. If no final action is taken, then the issue raised in the
33cause of action brought pursuant to subdivision (d) shall be limited
34to those matters presented at a properly noticed public hearing or
35to those matters specified in the notice given to the city or clerk
36of the board of supervisors pursuant to subdivision (d), or both.
37(c) (1) Except as provided in subdivision (d), no action or
38proceeding shall be maintained in any of the following cases by
39any person unless the action or proceeding is commenced and
P4 1service is made on the legislative body within 90 days after the
2legislative body’s decision:
3(A) To attack, review, set aside, void, or annul the decision of
4a legislative body to adopt or amend a general or specific plan.
5This paragraph does not apply where an action is brought based
6upon the complete absence of a general plan or a mandatory
7element thereof, but does apply to an action attacking a general
8plan or mandatory element thereof on the basis that it is inadequate.
9(B) To attack, review, set aside, void, or annul the decision of
10a legislative body to adopt or amend a zoning ordinance.
11(C) To determine the reasonableness, legality, or validity of any
12decision to adopt or amend any regulation attached to a specific
14(D) To attack, review, set aside, void, or annul the decision of
15a legislative body to adopt, amend, or modify a development
16agreement. An action or proceeding to attack, review, set aside,
17void, or annul the decisions of a legislative body to adopt, amend,
18or modify a development agreement shall only extend to the
19specific portion of the development agreement that is the subject
20of the adoption, amendment, or modification. This paragraph
21applies to development agreements, amendments, and
22modifications adopted on or after January 1, 1996.
23(E) To attack, review, set aside, void, or annul any decision on
24the matters listed in Sections 65901 and 65903, or to determine
25the reasonableness, legality, or validity of any condition attached
26to a variance, conditional use permit, or any other permit.
27(F) Concerning any of the proceedings, acts, or determinations
28taken, done, or made prior to any of the decisions listed in
29subparagraphs (A), (B), (C), (D), and (E).
30(2) In the case of an action or proceeding challenging the
31adoption or revision of a housing element pursuant to this
32 subdivision, the action or proceeding may, in addition, be
33maintained if it is commenced and service is made on the
34legislative body within 60 days following the date that the
35Department of Housing and Community Development reports its
36findings pursuant to subdivision (h) of Section 65585.
begin deleteAn end deleteaction or
38proceeding shall be commenced and the legislative body served
39within one year after the accrual of the cause of action as provided
P5 1in this subdivision if the action or proceeding meets both of the
2 following requirements:
3 (A) It is brought in support of or to encourage or facilitate the
4development of housing that would increase the community’s
5supply of housing affordable to persons and families with low or
6moderate incomes, as defined in Section 50079.5 of the Health
7and Safety Code, or with very low incomes, as defined in Section
850105 of the Health and Safety Code, or middle-income
9households, as defined in Section 65008 of this code. This
10subdivision is not intended to require that the action or proceeding
11be brought in support of or to encourage or facilitate a specific
12housing development project.
13 (B) It is brought with respect to actions taken pursuant to Article
1410.6 (commencing with Section 65580) of Chapter 3, Section
1565863.6, or Chapter 4.2 (commencing with Section 65913), or to
16challenge the adequacy of an ordinance adopted pursuant to Section
26 A cause of action brought pursuant to this subdivision
27shall not be maintained until 60 days have expired following notice
28to the city or clerk of the board of supervisors by the party bringing
29the cause of action, or his or her representative, specifying the
30deficiencies of the general plan, specific plan, or zoning ordinance.
31A cause of action brought pursuant to this subdivision shall accrue
3260 days after notice is filed or the legislative body takes a final
33action in response to the notice, whichever occurs first.
begin delete Thisend delete
34 notice may be filed
at any time within three years after
35an action described in subparagraph (B) of paragraph (1).
begin delete Aend delete
P6 1 notice or cause of action brought by one party pursuant
2to this subdivision shall not bar filing of a notice and initiation of
3 a cause of action by any other party.
5 After the adoption of a housing element covering the current
6planning period, no action shall be filed pursuant to this subdivision
7to challenge a housing element covering a prior planning period.
8(e) Upon the expiration of the time limits provided for in this
9section, all persons are barred from any further action or
11(f) Notwithstanding Sections 65700 and 65803, or any other
12provision of law, this section shall apply to charter cities.
13(g) Except as provided in subdivision (d), this section shall not
14affect any law prescribing or authorizing a shorter period of
15limitation than that specified herein.
16(h) Except as provided in paragraph (4) of subdivision (c), this
17section shall be applicable to those decisions of the legislative
18body of a city, county, or city and county made pursuant to this
19division on or after January 1, 1984.
Section 65589.3 of the Government Code is amended
(a) In any action filed on or after January 1, 1991,
23taken to challenge the validity of a housing element, there shall
24be a rebuttable presumption of the validity of the element or
25amendment if, pursuant to Section 65585, the department has found
26that the element or amendment substantially complies with the
27requirements of this article.
28(b) In any action brought against a city, county, or city and
29county to challenge the adequacy of a housing element, if a court
30finds that the adopted housing element or amended housing element
31for the current planning period substantially complies with all of
32the requirements of this article, including, but not limited to, the
33requirements for public participation set forth in paragraph (7) of
34subdivision (c) of Section 65583, the element or amendment shall
35be deemed to satisfy any condition of a state-administered housing
36grant program requiring a department finding that the housing
37element substantially complies with the requirements of this article.
Section 65755 of the Government Code is amended
(a) The court shall include, in the order or judgment
2rendered pursuant to Section 65754, one or more of the following
3provisions for any or all types or classes of developments or any
4or all geographic segments of the city, county, or city and county
5until the city, county, or city and county has substantially complied
6with the requirements of Article 5 (commencing with Section
8(1) Suspend the authority of the city, county, or city and county
9pursuant to Division 13 (commencing with Section 17910) of the
10Health and Safety Code, to issue building permits, or any category
11of building permits, and all other related permits, except that the
12city, county, or city and county shall continue to function as an
13enforcement agency for review of permit applications for
14appropriate codes and standards compliance, prior to the issuance
15of building permits and other related permits for residential housing
16for that city, county, or city and county.
17(2) Suspend the authority of the city, county, or city and county,
18pursuant to Chapter 4 (commencing with Section 65800) to grant
19any and all categories of zoning changes, variances, or both.
20(3) Suspend the authority of the city, county, or city and county,
21pursuant to Division 2 (commencing with Section 66410), to grant
22subdivision map approvals for any and all categories of subdivision
24(4) Mandate the approval of all applications for building permits,
25or other related construction permits, for residential housing where
26a final subdivision map, parcel map, or plot plan has been approved
27for the project, where the approval will not impact on the ability
28of the city, county, or city and county to properly adopt and
29implement an adequate housing element, and where the permit
30application conforms to all code requirements and other applicable
31provisions of law except those zoning laws held to be invalid by
32the final court order, and changes to the zoning ordinances adopted
33after such final court order which were enacted for the purpose of
34preventing the construction of a specific residential development.
35(5) Mandate the approval of any or all final subdivision maps
36for residential housing projects which have previously received a
37tentative map approval from the city, county, or city and county
38pursuant to Division 2 (commencing with Section 66410) when
39the final map conforms to the approved tentative map, the tentative
40map has not expired, and where approval will not impact on the
P8 1 ability of the city, county, or city and county to properly adopt and
2implement an adequate housing element.
3(6) Mandate that notwithstanding the provisions of Sections
466473.5 and 66474, any tentative subdivision map for a residential
5housing project shall be approved if all of the following
6requirements are met:
7(A) The approval of the map will not significantly impair the
8ability of the city, county, or city and county to adopt and
9implement those elements or portions thereof of the general plan
10which have been held to be inadequate.
11(B) The map complies with all of the provisions of Division 2
12(commencing with Section 66410), except those parts which would
13require disapproval of the project due to the inadequacy of the
15(C) The approval of the map will not affect the ability of the
16city, county, or city and county to adopt and implement an adequate
18(D) The map is consistent with the portions of the general plan
19not found inadequate and the proposed revisions, if applicable, to
20the part of the plan held inadequate.
21(b) Any order or judgment of a court which includes the
22remedies described in paragraphs (1), (2), or (3) of subdivision (a)
23shall exclude from the operation of that order or judgment any
24action, program, or project required by law to be consistent with
25a general or specific plan if the court finds that the approval or
26undertaking of the action, program, or project complies with both
27of the following requirements:
28(1) That it will not significantly impair the ability of the city,
29county, or city and county to adopt or amend all or part of the
30applicable plan as may be necessary to make the plan substantially
31comply with the requirements of Article 5 (commencing with
32Section 65300) in the case of a general plan, or Article 8
33(commencing with Section 65450) in the case of a specific plan.
34(2) That it is consistent with those portions of the plan
35challenged in the action or proceeding and found by the court to
36substantially comply with applicable provisions of law.
37The party seeking exclusion from any order or judgment of a
38court pursuant to this subdivision shall have the burden of showing
39that the action, program, or project complies with paragraphs (1)
P9 1(c) Notwithstanding Section 65754.4 or subdivisions (a) and
2(b), in any action or proceeding brought pursuant to subdivision
3(d) of Section 65009, no remedy pursuant to this section or
4injunction pursuant to Section 65754.5 shall abrogate, impair, or
5otherwise interfere with the full exercise of the rights and
6protections granted to (1) an applicant for a tentative map pursuant
7to Section 66474.2, or (2) a developer pursuant to Sections 65866