Planning, Zoning, and Development Laws

1 Planning, Zoning, and DevelopmentLaws2011 December 30, 2010 STATE OF CALIFORNIAA rnold Schwarzenegger,GovernorGOVERNOR S OFFICE OF planning AND RESEARCHC athleen Cox,Acting Director1400 Tenth StreetSacramento, CA Box 3044 Sacramento, CA 95812(916) intentionally left blankPlanning , Zoning and Development Laws 2011 iPlanning, Zoning, and Development laws2011 editionThis publication may contain summaries of complex and specific laws and regulations. Any such summary is provided merely for the convenience of the reader. Always refer to the actual text of applicable laws and regulations, and consult with an attorney when applying feel free to reproduce all or part of this document. You need not secure permission. We ask that you print it accurately and give credit to the Governor s Office of planning and Research (OPR).For further information on this or other OPR planning documents, or if you have questions or comments about the content of this publication, contact OPR s State Clearinghouse Unit at (916) 445-0613, or e-mail us at You are invited to visit the OPR website at of CaliforniaArnold Schwarzenegger, GovernorGovernor s Office of planning and ResearchCathleen Cox, Acting DirectorScott Morgan, Director, State ClearinghouseContributors:Cuauhtemoc Gonzalez, Associate Planner, State ClearinghouseBen Rubin, Executive Fellow, State ClearinghouseBrooks Taylor, Legislative Analystii planning , Zoning and Development Laws 2011 Page intentionally left blankPlanning , Zoning and Development Laws 2011 iiimessage FRom tHe diReCtoRDecember 2010 The Governor s Office of planning and Research (OPR) coordinates state and local planning activities and provides technical assistance to planning agencies throughout california .

2 planning , Zoning and Development Laws is an important tool designed to help land use officials and planning professionals keep abreast on ever-changing land use laws and to its diversity and complexity, california is a challenging state in which to be a planner. But the importance of land use officials and planning professionals in shaping the future of this state cannot be understated. Each day land use professionals thoughtfully consider competing public policy objectives as they plan for a community s current and future needs. I share their commitment to providing a high standard of living for all Californians. It is my sincere hope that the 2011 edition of the planning , Zoning and Development Laws will be a useful tool for land use officials and planning professionals publication is just one example of the many services OPR provides to support planning professionals. We are interested in your ideas for improving these services to best fit your needs, and invite you to share your comments with ,Cathleen CoxActing Directoriv planning , Zoning and Development Laws 2011 Page intentionally left blankTable of ContentsPlanning , Zoning and Development Laws 2011 vtable oF ContentsMESSAGE FROM THE DIRECTOR iiiINTRODUCTION 1 LEGISLATIVE SUMMARY 2 Assembly Bills.

3 2 Senate Bills ..2 ATTORNEY GENERAL OPINIONS SUMMARY 3 planning AND ZONING LAW 4 DIVISION 1. planning AND ZONING ..4 Chapter 1. General Provisions ..4 Chapter Office of planning and Research ..8 Chapter Rural Economic Development ..17 Chapter 2. Regional planning Districts ..18 Chapter Long-Range Transportation planning ..22 Chapter Transportation planning and Programming ..23 Chapter Congestion Management ..31 Chapter Management of Traffic Congestion and Stormwater Pollution in San Mateo County ..38 Chapter Public Hearings ..39 Chapter 3. Local planning ..40 Chapter 4. Zoning Regulations ..103 Chapter Housing Development Approvals ..134 Chapter Density Bonuses and Other Incentives ..136 Chapter Interagency Referrals ..142 Chapter Review and Approval of Development Projects.

4 144 Chapter Mitigation Land: Non-profit Organizations ..156 Chapter School Facilities ..156 Chapter Environmental Improvement Authorizations ..160 Chapter Payments of Fees, Charges, Dedications, or Other Requirements Against a Development Project 160 Chapter 5. Fees for Development Projects ..167 Chapter 6. Fees for Development Projects Reconstructed After a Natural Disaster ..172 Chapter 7. Fees for Specific Purposes ..172 Chapter 8. Procedures for Adopting Various Fees ..174 Chapter 9. Protests, Legal Actions, and Audits ..175 Chapter Mediation and Resolution of Land Use Disputes ..177 THE SUBDIVISION MAP ACT 180 DIVISION 2. SUBDIVISIONS ..180 Chapter 1. General Provisions and Definitions ..180 Chapter 2. Maps ..187 Chapter 3. Procedure ..197 Chapter 4. Requirements ..220 Chapter Development Rights ..244 Chapter 5.

5 Improvement Security ..246 Chapter 6. Reversions and Exclusions ..250 Chapter 7. Enforcement and Judicial Review ..253 DIVISION 3: OFFICIAL MAPS ..256 MISCELLANEOUS planning -RELATED LAWS 258 BUSINESS AND PROFESSIONS CODE EXCERPTS 258vi planning , Zoning and Development Laws 2011 Table of ContentsOUTDOOR ADVERTISING ACT ..258 Chapter 2. Advertisers ..258 Chapter On-Premises Advertising Displays ..273 Chapter Ordinances Governing On-Premise Advertising ESTATE LAW ..279 Chapter 1. Subdivided Lands ..279 ALCOHOLIC BEVERAGES LICENSES AND ZONING ..282 CIVIL CODE EXCERPTS 283 COMMON INTEREST SUBDIVISIONS ..283 EDUCATION CODE EXCERPTS 285 SCHOOL FACILITIES.

6 285 Chapter 4. Property: Sale, Lease, Exchange ..285 Chapter 6. Development Fees, Charges, and Dedications ..285 COMMUNITY COLLEGES, EDUCATION FACILITIES ..289 Chapter 1. School Sites ..289 Chapter 5. Community College Revenue Bond Act of 1961 ..290 ELECTIONS CODE EXCERPTS 291 SUBMITTING MEASURES TO VOTERS ..291 GOVERNMENT CODE EXCERPTS 291 SURPLUS LAND FOR AFFORDABLE HOUSING ..291 MUNICIPAL ADVISORY COUNCILS ..292 GOVERNMENT OF CITIES ..292 CITY PROPERTY FOR AFFORDABLE HOUSING ..293 CITIES AND COUNTIES ..293 Chapter 1. General ..293 AIRPORT APPROACHES ZONING ..294 Chapter 2. Public Property ..294 POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES ..296 Chapter 1. General ..296 SURPLUS LAND ..298 Chapter 5.

7 Property ..298 THE BROWN ACT ..300 Chapter 9. Meetings ..300 HEALTH AND SAFETY CODE EXCERPTS 318 HEALTH FACILITIES ZONING ..318 COMMUNITY CARE FACILITIES ZONING ..319 RESIDENTIAL CARE FACILITIES FOR THE ELDERLY ZONING ..320 FAMILY DAY CARE HOMES ZONING ..321 MOBILE HEALTH CARE UNITS ..328 LOCAL REGULATION OF ALCOHOLISM RECOVERY FACILITIES ..329 OCCUPANCY STANDARDS AND ZONING VARIANCES ..330 PUBLIC RESOURCES CODE EXCERPTS 331 SAFETY ELEMENT REVIEW - FIRE PROTECTION ..331 ALQUIST-PRIOLO EARTHQUAKE ZONING ACT ..331 SEISMIC HAZARDS MAPPING ..335 Table of ContentsPlanning , Zoning and Development Laws 2011 viiBUILDING PERMIT FEES FOR SEISMIC HAZARDS MINING AND RECLAMATION ACT ..338 OPEN-SPACE ELEMENTS AND TRAILS ..340 ACTIVITIES SUBJECT TO ENVIRONMENTAL QUALITY.

8 340 DELTA PROTECTION ACT OF 1992 ..340 Chapter 1. Findings and Declarations ..340 Chapter 2. Definitions ..342 Chapter 3. Organization ..344 Chapter 4. Powers and Duties of the Commission ..345 Chapter 5. Resource Management Plan ..346 Chapter 6. Appeal and Judicial Review ..348 Chapter 7. Financial Provisions ..348 Chapter 8. Annual Report ..348 PUBLIC UTILITIES CODE EXCERPTS 349 AIRPORT LAND USE planning ..349 STREETS AND HIGHWAYS CODE EXCERPTS 357 CALTRANS-AUTHORIZED LEASES OF AREAS ABOVE AND BELOW HIGHWAYS ..357 WATER CODE EXCERPTS 358 LOCAL FLOOD PROTECTION planning ACT ..358 CENTRAL VALLEY FLOOD PROTECTION ACT OF 2008 ..358 Chapter 1.

9 General Provisions ..358 Chapter 2. Plan Development ..359 Chapter 3. Plan Implementation ..362 WATER SUPPLY planning TO SUPPORT EXISTING AND PLANNED FUTURE USES ..362 WELFARE AND INSTITUTIONS CODE 366 LANTERMAN-PETRIS-SHORT ACT ..366 APPENDIX 367viii planning , Zoning and Development Laws 2011 Page intentionally left blankIntroductionPlanning , Zoning and Development Laws 2011 1intRodUCtionThe Governor s Office of planning and Research (OPR) has compiled the 2011 planning , Zoning, and Development Laws as a convenient resource to local governments and the public. The last edition of the planning , Zoning, and Development Laws was published in December 2009 for 2010. This 2011 edition includes statutory changes which were enacted in 2010 and are highlighted throughout the publication to alert readers to the most recent staff receives hundreds of requests for technical assistance each year from local planning agencies.

10 In an effort to address some of these technical assistance requests, the 2011 planning , Zoning, and Development Laws is comprised not only of state planning and zoning laws, but also excerpts from related statutes. These excerpts are located in the Miscellaneous planning -Related Laws section, and include such subjects as common interest subdivisions, school and community college sites, airport land use planning , fees, zoning of health facilities and other types of care facilities, local regulation of alcoholism recovery facilities, water supply assessments, and flood protection. The appendix lists other planning -related statutes that are not set forth in the main publication is provided as a convenience and a discretionary state service. OPR makes no representation or warranty as to accuracy or completeness or the currency of this publication or the contents thereof. Reliance on this publication or any part thereof is entirely the responsibility and liability of the party using it.